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Ordinance - 2015 - 736 - Rezone 203 N. Eagle Road - 09/08/2015ORDINANCE NO. 736 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 203 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 April 20, 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 June 9, 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 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 ApplicationARMA\2015\RZ -02 -15 Nickel 203 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 8t' day of September 2015. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho )!s D. Reynolds, Nlayk ATTEST: ' •`'�.IOFC•• Sharon K. Bergmann, Eagle Ciq Clerk 0 voR,,A v � SEAL •, °•,9 - OF Page 2 of 2 KAPlanning Dept\Eagle Applications RUM2015\RZ -02 -15 Nickel 203 N Eagle Rd ord.doc ALTA OWNER'S POLICY (6/17106) EXHIBIT "A" LEGAL DESCRIPTION Lot 1 in Block 1 and the East 5.5 feet of Lot 17 in Block 1 of Jackson Park Subdivision, According to the official Plat thereof, filed in Book 9 of Plats at Page 443, records of Ada County, Idaho. EXCEPTING THEREFROM that portion deeded to the Ada County Highway District in a Warranty Deed recorded April 11, 1997 as Instrument No. 97027798, records of Ada County, Idaho. Copyright 2006 -2009 American Land Title Association. All rights reserved. t� The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Asrl�clCxN All other uses are probibded. Reprinted under ficense from the American Land Me Association. File No. 01096 -7400 Page 2 of 2 STEWART TITLE STG ALTA Owner's Policy Sch A GUARANTY COMPANY W E o` W E CL E 0 d CL nui m W io N �o �a m� ?' a mQ 00 w oC y 0 C Z m 0 w Q �5 �Q mZ c m � °1O 0 tll v N C � m W m c~ n0 to Z Ey Ea ma c m H E m . o wa n� 5 y 0 U S m m N L mm o c CD CD rnt m U m� m� - U A l0 Ed) N_ L O F C L- 0 C/) ( (D U) ) U) 0 LA �J EXHIBIT "B" ­M101611.9 N W rxr O L C N N N w o o _ U f0 a- 3 `v)J ) 0 a 0 El El ❑ fo p-la It11it lttl � ,i` 111111 t2 N v � d R Q I {je i it J� at�e3 S {a 0 o m c � 2 O > m m Q m T C-4 'O ° m E d c !4 m > .a O' M v = ¢ U 2 a 6 0 d c 0 © II II I C1 � t J ­M101611.9 N W rxr O L C N N N w o o _ U f0 a- 3 `v)J ) 0 a 0 El El ❑ fo p-la It11it lttl � ,i` 111111 t2 N v � d R Q I {je i it J� at�e3 S {a ORDINANCE NO. 736 0 ^ i`I ' t( 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); 06 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 Idaho 83616 SEP 1 6 2015 File: Flouts to' WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to iGn: /V ©, 3 `p adopt, establish and amend a Zoning Ordinance; and ` ' 11' WHEREAS, the owner of the real property situated within the City of Eagle and particularly D •- 1 / ZQ described in Exhibit "A" of this ordinance has requested, in writing, a rezone from It -4 to CBD- $: DA; and WHEREAS, the property described in Exhibit "A" is located at 203 N. Eagle Road; and f WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as ,dies 1 1 2 Amount required by law, held a public hearing on April 20, 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 June 9, 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 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 1t The City Council hereby finds and determines that the real property particularly described in Exhibit "A" be removed from the R4 (Residential) zoning classification and. included in the CBD -DA (Central Business District with a development agreement) zoning classification nursuant to the Zoning Ordinnnco of the Citv 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 2t 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" day of September 2015. CITY COUNCIL OF THE CITY OF EAGLE County, Idaho �eynolds, LEGAL DESCRIPTION Lot ereot, r in B0000k ethe of East sat �e � 17 cords or AMod 1da County, Idaho. According m the olAdal Plat EXCEPTING THEREFROM that potion deeded to are Ada County Highway District In a Wananty Deed recorded April 11, 1997 as Instrument No..97027798, records or Ada County, Idaho. Note: Exhibit B may be reviewed at Eagle City Hall, 660 E. Civic Lane, during regular business hours. 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 bean uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first Iication 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 1 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 n the following dates: Beginning S' M ; 7.O i Ending .efazatur l Lf 2.0 IS STATE OF IDAHO ) )SS COUNTY OF ADA ) this 1 .day of in the year of 2015 before me, a Notary P b lc, personally appeared reason, known or identified to me to be the person fiose name is subscribed to the within instrument, nd being by me fli;st duly sworn, declared that the is herein are bili , a acknowledged to me that II/1 J he executed the same. 9A r'1 Notary Public for Idaho Residin at Ise, ID My Commission expires: ^+�Z'� / t l