Ordinance - 2015 - 740 - Rezone Jayo - 08/25/2015ORDINANCE NO. 740
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R -4 (RESIDENTIAL) CLASSIFICATION TO MU-
DA (MIXED USE WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING
MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the owner of the real property situated within the City of Eagle and particularly
described in Exhibit "A" of this ordinance has requested, in writing, a rezone from R -4 to MU-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 135 West Floating Feather Road;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on February 17, 2015, as required by Section 67 -6509,
Idaho Code, and made a recommendation to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on April 14, 2015, on the proposed zoning for the real property described in Exhibit "A"
as required by Section 67 -6509, Idaho Code, made findings and determined that the requested
zoning classification of MU -DA for the property described in Exhibit "A" is appropriate to meet
the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and is
hereby granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: The City Council hereby finds and determines that the real property particularly
described in Exhibit "A" be removed from the R -4 (Residential) zoning classification and
included in the MU -DA (Mixed Use with a development agreement) zoning classification
Page 1 of 2
KA000NCU,\nrae Ordinances \Ord 740 Jayo.aoc
pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and
determines that said zone change is in accordance with the Eagle Comprehensive Plan and
relevant City Codes.
Section 2: The described real property generally as shown on Exhibit `B" and located as
specifically described in the attached legal description Exhibit "A" all situated in the City of
Eagle, Ada County, Idaho, is hereby removed from the R -4 (Residential) zoning classification
and the real property described in Exhibit "A" is hereby included in the MU -DA (Mixed Use
with a development agreement) zoning classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City.
DATED this 25th day of August 2015.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
/OJ
es D. Reynold yor
OF
ATTEST: k0okl Y
SEAL
Sharon K Bergmann, Eagle City - lerk s,��'R ••.••
•�� 9� OF ID��O•
Page 2 of 2
K:%COUNCIDDraft OrdinanceslOrd 740 Jayo doc
EXHIBIT "A"
a
A parcel of land located in the Northeast quarter of Section 8, Township 4 North, Range I East, Boise Meridian, 1
City of Eagle, Ada County, Idaho, more particularly described as follows: 1
Commencing at a found brass cap monumenting the Northeast corner of the Northeast quarter of said Section 8;
Thence South 89 degrees 39'07" West along the Northerly line of said Northeast quarter a distance of 275.00
feet to a point;
Thence South 00 degrees 00'00" East a distance of 45.00 feet to the Southeast corner of that property conveyed
to the Ada County Highway District by Warranty Deed recorded November 20, 1995, as Instrument No.
9508520, records of Ada County, Idaho, and said point being the POINT OF BEGINNING.
Thence South 89 degrees 39'OT West along the Southerly line of said Ada County Highway District tract a
distance of 235.85 feet to a set 5/8 inch iron rod;
Thence departing said Southerly line South 00 degrees 21'13" East a distance of 163.35 feet to a set 5/8 inch
iron rod;
Thence North 89 degrees 38'47" East a distance of 234.84 feet to a set 5/8 inch iron rod located on the Westerly
line of that property conveyed to Jayo Construction, Inc. by Warranty Deed recorded May 20, 1998, as
Instrument No. 98048570, records of Ada County, Idaho;
Thence North 00 degrees 00'00" East along the Westerly line ofsaid Jayo Construction, Inc. tract a distance of
163.33 feet to the POINT OF BEGIATv"LNG.
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
C4 $ 't- COL q Identification:
Account
Address: (0 4) (.0 E. L c n Q, Run Dates:
Eel 4 , -27aL
ORDINANCE NO. 740 OF/ - 3 f Zbie
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO MU -
DA (MIXED USE WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING
MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the owner of the real property situated within the City of Eagle and particularly
described in Exhibit "A" of this ordinance has requested, in writing, a rezone from R-4 to MU -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 135 West Floating Feather Road;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on February 17, 2015, as required by Section 67-6509,
Idaho Code, and made a recommendation to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on April 14, 2015, on the proposed zoning for the real property described in Exhibit "A"
as required by Section 67-6509, Idaho Code, made findings and determined that the requested
zoning classification of MU -DA for the property described in Exhibit "A" is appropriate to meet
the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and is
hereby granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section I: The City Council hereby finds and determines that the real property particularly
described in Exhibit "A" be removed from the R-4 (Residential) zoning classification and
included in the MU -DA (Mixed Use with a development agreement) zoning classification
pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and
determines that said zone change is in accordance with the Eagle Comprehensive Plan and
relevant City Codes.
Section 2: The described real property generally as shown on Exhibit "B" and located as
specifically described in the attached legal description Exhibit "A" all situated in the City of
Eagle, Ada County, Idaho, is hereby removed from the R-4 (Residential) zoning classification
and the real property described in Exhibit "A" is hereby included in the MU -DA (Mixed Use
with a development agreement) zoning classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City
DATED this 25th day of August 2015.
CITY COUNCIL OF THE CITY OF EAGLE
da County, Idaho
AD.
es D. Reynold ° or
ber Lines
r
RECEIVED -8, FILED—
CITY OF EAGLE
SEP 0 4 2015
File.
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Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks prior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
Idaho Code, as amended, for / time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement and that said notice was published
on the following dates:
Beginning 31. • 15
J
Ending ri_fr-- 31 2_s)1 c
JA-017-1",i,:ikeyn-otx. toe
STATE OF IDAHO )
)SS
OUNTY OF ADA)
On this V day of in the year of 2015
before me, a Notary Pu ® ic, personally appeared
Thomason, known or identified to me to be the person
whose name Is subscribed to the within instrument,
an being by me first duly swom, declared that the
e . rets ,= in are true, ac acknowledged to me that
xecuted the same.
Notary Public for Idaho
fi
Residing at Boisg, ID
y Commission expires: ' 2.1/ 1
11