Ordinance - 2015 - 742 - Rezone 223 N. Eagle Rd - 09/08/2015ORDINANCE NO. 742
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R -4 (RESIDENTIAL) CLASSIFICATION TO
CBD -DA (CENTRAL BUSINESS DISTRICT 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 CBD -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 223 N. Eagle Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on August 9, 2004, 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 September 7, 2004, 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 CBD -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 CBD -DA (Central Business District with a development agreement) zoning
classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council further
Page 1 of 2
KAPlanning Dept\Eagle ApplJcations\RZ&A\2003\RZ -07 -03 Nickel 223 N Eagle Rd ord.doc
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 CBD -DA (Central
Business District 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 8h day of September 2015.
CITY COUNCIL OF THE CITY OF EAGLE
A a County, Idaho
J es D. Reynolds, MNY4
ATTEST:
Bergmann, Eagle
'G��Y or
ORPO
r OF Tot.
D T•�.
Page 2 of 2
KAPlanning Dept\Eagle ApplicationARMA\200MRZ -07 -03 Nickel 223 N Eagle Rd ord.doc
` EXHIBIT "A"
€, M
GPS. BOUNDARY,
ARRO-W TOPOGRAPHRC AND A.L.T.A.
SURVEYS
Land Surveying, Inc. COND SCAANNINGKING
1121 E. State Street - Suite 10S - Eagle, Idaho 83616 - office: 1. 208 -939 -7373 • fax 1 -288 -939 -7321
Job No. 03869
J. B.F.
9 -8 -03
LEGAL DESCRIPTION
FOR
EAGLE FAMILY WORSHIP PAOPERTY
REZONE
Part of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 4 North, Range 1
East of the Boise Meridian, City of Eagle, Ada County, Idaho described as follows.
Commencing at a found Brass Cap at the East Quarter comer of Section 8. Township 4
North, Range 1 East of the Boise Meridian, City of Eagle, Ada County, Idaho and
running thence South 754.00 feet along the East line of said Section to the Point of
Beginning; thence South 125.00 feet along said East line; thence West 170.00 feet;
thence North 125.00 feet; thence East 170.00 feet to the point of beginning.
Parcel contains 0.49 acres or 21,250 Sq. Ft.
0H0
90 03S 3M
EXHIBIT "B"
M
0
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: C-.-4-1 134 E. a`
Identification:
September 14, 2015
R(iCEI 8CSI L
e'r ry nr: EAGLE
SEP 1 6 2015
File.
Route to.
our
Legal Notices
ORDINANCE NO. 742
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
CBD -DA (CENTRAL BUSINESS DISTRICT 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 CBD- r
DA; and
3
I 'L Z. Amount ' 11 '7", t 2 -
Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Hey Times, a weekly newspaper published at
gle, 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,
ptar, and Eagle, and has been uninterruptedly
published in said County during a period of
enty-eight consecutive weeks prior to the first
tion of this notice, a copy of which is attached
hereto, and that the notice was published in
lley Times, in conformity with Section 60-108,
Idaho Code, as amended, for ( time(s)
he regular and entire issue of said paper, and
printed in the newspaper proper, and not in a
Ilpplement; and that said notice was published
on the following dates: i
3eginning �-� 1.r i 4 29)1
r
2
Ending ltd , nadir 1 2 6I C
WHEREAS, the property described in Exhibit "A" is located at 223 N. Eagle Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as 1
required by law, held a public hearing on August 9, 2004, 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 September 7, 2004, 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 CBD -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 L: The City Council hereby fords and determines that the real property particularly
described in Exhibit "A" be removed from the R-4 (Residential) zoning classification and
included in the CBD -DA (Central Business District with a development agreement) zoning
classification pursuant to the 7.onine Ordinance of the City of Eadie 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 CBD -DA (Central
Business District 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 8 r day of September 2015.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
AJ
STATE OF IDAHO )
)SS
COUNTY OF ADA )
is r? day of . in the year of 2015
More me, a Notary P lic, personally appeared
son, known or identified to me to be the person
;e name is subscribed to the within instrument,
duly swom, declared that the
nd knowiedged to me that
he executed the same.
Notary Public for Idaho
Residi at Boise, ID
y Commission expires:
being by me fi
herein are true
Q