Ordinance - 2016 - 751 - Rezone Symphony Square Subdivision - 04/12/2016ORDINANCE NO. 751
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R -3 -DA (RESIDENTIAL WITH A
DEVELOPMENT AGREEMENT) TO R- 5 -DA -P (RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT — PUD); 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 -3 -DA to R-
5-DA-P; and
WHEREAS, the property described in Exhibit "A" is located at 3391West Flint Drive; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 18, 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 August 11, 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 R- 5 -DA -P 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 -3 -DA (Residential with a development
agreement) zoning classification and included in the R- 5 -DA -P (Residential with a development
agreement — PUD) zoning classification pursuant to the Zoning Ordinance of the City of Eagle.
Page 1 of 2
KACOUNCIUDraft Ordinances \Ord 751 Crossley Park Sub.doc
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 -3 -DA (Residential with a development
agreement) zoning classification and included in the R- 5 -DA -P (Residential with a development
agreement — PUD) 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 12th day of April 2016.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho rl-2
Stan i geway, Mayor
ATTEST:
Sharon k. Bergmann, Eagle City Jerk
0 00#966
A.
Page 2 of 2
K: \COUNCIL\Dratt Ordinances \Ord 751 Crossley Park Sub.doc
EXHIBIT "A"
TOOT] M1
CONaULrING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208- 323 -2288 - FAX 208 - 323 -2399
boise®toengrco.com
Project No: 06208
Date: December 12, 2006
Page: 1 of 1
RECEIVED & FILEC
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EXHIBIT "A"
Preliminary Plat Description — Symphony Square Subdivision
All of Lot 7, Block 2, of Amended Plat of Flint Estates, recorded in Office of the Ada County
Recorder, in Book 45 of PIats at Pages 3713 -3714, located in the North -Half of the Southeast -
Quarter of Section 12, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho,
lying westerly of the east line of said Northeast Quarter of the Southeast Quarter of said Section
12, as shown on Record of Survey No. 704, described as follows:
COMMENCING at the E '/4 corner of said Section 12, marked by a found aluminum cap, as
referenced in Comer Perpetuation & Filing Record No. 106147276, from which the C '/4 corner
of said Section 12, marked by a found 5/8" -inch iron pin, bears N.89 °20'21 "W., 2644.72 feet;
thence, along the easterly line of said Northeast Quarter of the Southeast Quarter of said Section
12,
A) S.00 °42'43 "W., 433.83 feet to the POINT OF BEGINNING; thence, continuing along
said easterly line,
1) S.00 °42'4 3" W . 424.17 fefci: thence_
2) S.89 °36743 "W., 652.69 feet; thence,
3) N.06 °58'54 "E., 424.57 feet to the southerly right -of -way line of W. Flint Drive;
thence, along said southerly right -of -way line, non - tangent from said line,
4) Northeasterly along said curve to the left, having a radius of 45.00 feet, an arc length
of 117.24, through a central angle of 149'16'29", and a chord bearing and distance of
N.76 004'53 "E., 86.78 feet; thence, leaving said southerly right -of -way line.
5) S.88 °29'34 "E., 522.29 feet to the POINT OF BEGINNING.
CONTAINING: 6.20 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any
Encumbrances.
"This description is for Preliminary Plat purposes
FI:\06208 \WPfiIcsWRVEY\ExhA- PrePlaz Description.doc
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Valley Times
P.Q. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address: Coo() £ • C-1-6'►L 1, a-r)aa-
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Identification:
RECEIVED & FILED
CITY OF EAGLE
APR 2 0 2016
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Run Dates: 0 9 - (' 2 (('
Ordinance 751 (continued) J
The City Council further finds and determines that said zone change is in accordance w,.p
Eagle Comprehensive Plan and relevant City Codes.
The described real propertyy as shown on Exhibit 13" and located as
specifically described in the attached description Exhibit "A" all situated ice. the City of
Eagle, Ma County, Idaho, is hereby rem from the R -3 -DA (Residential with a development -
agreement) zoning classification and included in the R 5 -DA -P (Residential with a development -
agt— PUD) zoning classification. -
Numbs
Attention: Other
ORDINANCE NO. 751
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R -3 -DA (RESIDENTIAL WITH A
DEVELOPMENT AGREEMENT) TO R -5 -DA -P (RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT — PUD); 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. Tide 67. Idaho Code, the City of Eagle has the authority to
adopt, establish and amend aZoning 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 -3 -DA to R-
5 -DA -P; and
rWHEREAS, the property described in Exhibit "A" is located at 3391 West Flint Drive; and
I WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 18.2015. as =gated 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 August 11, 2015, on the ptoposed zoning for the real property described hi Exhibit
"A" as required by Section 67-6509, Idaho Code, made findings and determined that the
requested zoning classification of R -5 -DA -P 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 seal property ply
described in Exhibit A" be removed from the R -3 -DA (Residential with a development
agreement) zoning classificadon and included in the R -5 -DA P (Residential with a development
agreement — PUD) zoning classification pursuant to the Zoning Ordinance of the City of Eagle.
(Continued in next columns, across at right)
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Bedlam As The official Zoning Map the City of Eagle, Idaho, is hereby amended to zefiect the
foregoing change in zoning classification.
falba 4: This ordinance shall take effect and be in farce front and atter its passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City.
DATED this 12° day of April 2016.
CITY comNCB.OFTHROW OF EAGLE
Ada County. Idaho
Sten'Ridgew ay. Mayor
ATTEST:
Sharon Bergmann, Eagle City.
4�.�'d3'�atttr'tii3L Tri+,
EXHIBIT "A"
Preliminary Plat Description — Symphony Square Subdivision
All of Lot 7, Block 2, of Amended Plat of Flint Estates, recorded in.011ice of the Ada County,
Recorder, in Book 45 of Plats at Pages 3713-3714, located in the North -Half of the Southeast
Quarter of Section 12, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho,
lying westerly of the east line of said Northeast Quater of the Southeast Quarter of said Section
12, as shown on Record of Survey No. 704, described as follows:
COMMENCING at the E V. corner of said Section 12, marked by a found aluminum cap, as
referenced in Corner Perpetuation & Filing Record No. 106147276, front which the C y comer
of said Section 12, marked by a found 518" -inch iron pin, bears N.89°20'31 "W., 2644.72 feet;
thence, along the easterly tine of said Northeast Quarter of the Southeast Quarter of said Section
12,
A) S.00°42'43"W., 433.83 feet to the POINT OF BEGINNING; thence, continuing along 1
said eaataly line,
1) S 00°42'43"W . 424.17 fc.
2) S.89°36'43"W., 652.69 feet; thence,
3) N.06°58'54"E., 424.57 feet to the southerly right-of-way tine of W. Flint Drive;
thence, along said southerly nght-of-way tine, non -tangent from said line,
4) Northeasterly along said curve to the left, having a radius of 45.00 flet, an arc length
of 117.24, through a central angle of 149°16'29", and a chord bearing and distance of
N.76°04'53"E., 86.78 feet; thence, leaving said southerly right-of-way line,
5) S.88°29'34"E., 522.29 feet to the POINT OF BEGINNING. nistren
CONTAINING: 6.20 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any
Encumbrances.
"This description is for Preliminary Plat purposes only"
(See related map on next page, across at right)