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Ordinance - 2021 - 849 - Zoning Change At Hwy 16 And Beacon Light Road - 07/13/2021 ADA COUNTY RECORDER Phil McGrane 2021-108297 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/20/2021 11:10 AM CITY OF EAGLE,IDAHO NO FEE ORDINANCE NO. 849 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO; CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL-URBAN TRANSITION) TO C-1-DA (NEIGHBORHOOD BUSINESS DISTRICT WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; 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 is authorized to annex to and incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222,Idaho Code; and WHEREAS, Treasure Valley Chevron, Inc., the owners of the real property situated in the unincorporated area of Ada County and particularly described in Exhibit "A" of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the owners 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 RUT to C-1- DA(Neighborhood Business District with a development agreement);and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel number Parcel#S0404110200; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on January 19, 2021, as required by Section 67-6525, 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 March 19, 2021, on the proposed annexation and zoning for the real property described in Exhibit "A" as required by Section 67-6525, Idaho Code, made findings and determined that the requested annexation should be;ranted and that a zoning classification of C- 1-DA (Neighborhood Business District with a development agreement) 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 should be granted. Page 1 of 3 B.:TCOU14CILVdhaft Ora rea xalORt 849-TV Chewvada: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: The Eagle City Council hereby finds and declares that the real property particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is contiguous to the City, that said property can be reasonably assumed to be used for the orderly development of the City, and that the owner of said property has requested, in writing, annexation thereof to the City. Section 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the City, particularly described in Exhibit"A" and as generally shown on Exhibit`B", attached here to and included herein by reference, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: The City Council hereby finds and determines that the real property particularly described in Exhibit "A" and generally as shown on Exhibit `B", attached hereto and incorporated by reference, is hereby removed from the RUT (Rural-Urban Transition) zoning classification and is hereby included in the C-1-DA (Neighborhood Business District with a development agreement) zoning classification all 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 and that the Zoning Map of the City is hereby amended to include the real property described in Exhibit "A" in the C-I-DA zoning district. Section 4: From and after the effective date of this Ordinance, all property and persons within the boundaries and territory described above shall be subject to all ordinances, resolutions, police regulations,taxation, and other powers of the City of Eagle. Section 5: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the Idaho State Tax commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 6: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-901 A, Idaho Code, may be published. Page 2 of 3 K:\COUNCIL\Draft Ordinances\ORD 849-TV Chevron.doc DATED this 13th day of July 2021. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho r J son fierce, Mayor t_ ATT ST: oRP ..'•�`9,##= �• G op 4ea - S m• Tracy E. O , Eagle City Clerk .7Ai.," ` t I• \.FIDAH0..te% STATE OF IDAHO ) : ss. County of Ada ) On this 03 day of i O , in the year 2 02( , before me, the undersigned, a Notary Public in and for said State, personally appeared JASON PIERCE, known to me to be the MAYOR of said municipal corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. g..a•S••.•.,• ••est CS EN,,..,. Notary Public ,,� y•......••.S+r s Residing at: .A t-!� 1 j 10;if (TARE'.. 3 : My Commission Expires: 2 12(o I 2 S Z PUBI.�G.) a %,. %f ..n�.No. .IP'�4 / Page 3 of 3 K:\COUNCIL\Draft Ordinances\ORD 849-TV Chevron.doc RECEIVED& FILED Ian Exhibit "A" CITY OF EAGLE OCT 2 8 2020 ENGINEERING 9233 WEST STATE STREET I BOISE,ID 83714 I 208.639.6f30 Fnx�nR�39 6930 Route to. September 23,2020 Project No.20-074 Exhibit A Legal Description for Annexation and Rezone to C-1 A parcel of land situated in a portion of Government Lot 1 of Section 4,Township 4 North, Range 1 West, B.M.,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of said Section 4,which bears S89°22'28"E a distance of 2,632.32 feet from a found brass cap marking the North 1/4 corner of said Section 4; Thence following the northerly line of said Government Lot 1, N89°44'10"W a distance of 561.80 feet to the POINT OF BEGINNING. Thence leaving said northerly line,S00°55'33"W a distance of 676.01 feet to a found 5/8-inch rebar; Thence N89°44'11"W a distance of 744.06 feet to the westerly line of said Government Lot 1; Thence following said westerly line, NOO°55'55"E a distance of 676.01 feet to the northwest corner of said Government Lot 1; Thence leaving said westerly line and following the northerly line of said Government Lot 1,S89°44'10"E a distance of 743.99 feet to the POINT OF BEGINNING. Said parcel contains 11.546 acres, more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. ;,LE 45\ : N SF se'10 � 1 662 s� �o qTF OF sOP �F Y KE\A c`�`' ENGINEERS I SURVEYORS I PLANNERS RECEIVED&FILED CITY OF EAGLE Exhibit `B" OCT 2 8 2020 POIN i P c9MMENGEMENT NORTH 1/4 CORNER SECTION 4 W. Beacon Light Rd. NOTION 4 FOUND BRASS CAP FOUND ALUMINUM CAP BASIS OF BEARING PER CP&F INST No. 106035040 PER CP&F INST No. 106035041 / —S89'22'28"E 2632.32' —` 33 S89'44'10"E 743.99' 33 34 41326.58'/6-"----NW CORNER GOVERNMENT LOT 1 N 561.80' 4 3 POINT OF BEGINNING ( r�-I coo 0 0)co co a con N w W 0 150 300 450 �� Plan Scale: 1"= 150' M +a 1010 i1) es oo Rezone Area: 11.546±AC. u) c" ZZ APN: S0404110250 0o Current Zoning: RUT Proposed Zoning:C-1 70' 1. 0 a Z N89'44'1 1"W 744.06' LL 5 M Unplatted \ON�L LANDS g 1 APN: S0404110110 4, c�Nsfo �'�` o ` 1/4 O F 1 .662 . su'l\_.. CALCULATED POINT a'i• ��� N SW CORNER GOVERNMENT LOT F .0 in2 70 In �FItYKEWik'' i pco C*4 o Z SE 1/16 CORNER SECTION 4 LEGEND ��� Fa ::,,,--FOUND BRASS CAP . FOUND ALUMINUM CAP W PER CP&F INST No. 110106707 ® FOUND BRASS CAP cY © 5/8-INCH REBAR W 0 CALCULATED POINT a REZONE BOUNDARY sr . Ian EXISTING RIGHT-OF-WAY ENGINEERING — - - - —SECTION LINE m 9233 WEST STATE STREET W BOISE,IDAHO83714 gPHONE(208)639-6939 EXHIBIT B kmengllp.com ANNEXATION AND REZONE TO C-1 DATE: 9/23/20 PROJECT: 20-074 SHEET: A PORTION OF GOVERNMENT LOT 1 N 1 OF 1 SECTION 4, T4N, R1W, ADA COUNTY, IDAHO 0