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Ordinance - 2016 - 752 - Zoning Change East End Marketplace - 04/12/2016ORDINANCE NO. 752 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM BP (BUSINESS PARK) CLASSIFICATION TO MU -DA (MIXED USE WITH A DEVELOPMENT AGREEMENT) AND C -2 -DA (GENERAL 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 BP to MU- DA; and WHEREAS, the owner of the real property situated within the City of Eagle and particularly described in Exhibit `B" of this ordinance has requested, in writing, a rezone from BP to C -2- DA; and WHEREAS, the property described in Exhibit "A" and Exhibit `B" is generally on the east side of South Edgewood Lane between State Highway 44 and East State Street inclusive of 1601, 1782, and 1794 East McGrath Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on November 16, 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 December 15, 2015, on the proposed zoning for the real property described in Exhibit "A" and Exhibit `B" 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" and the requested zoning classification of C -2 -DA for the property as described in Exhibit `B" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and is hereby granted. Page 1 of 2 KACOUNCIMraft Ordinances \Ord 752 East End Marketplace.doc 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 BP (Business Park) 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 City Council hereby finds and determines that the real property particularly described in Exhibit `B" be removed from the BP (Business Park) zoning classification and included in the C -2 -DA (General Business District 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 3: The described real property generally as shown on Exhibit "C" 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 BP (Business Park) 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 4: The described real property generally as shown on Exhibit "C" and located as specifically described in the attached legal description Exhibit `B" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the BP (Business Park) zoning classification and the real property described in Exhibit `B" is hereby included in the C -2 -DA (General Business District with a development agreement) zoning classification. Section 5: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 6: 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 Stan Ridgeway, Mayor pF Ep:G(,F ? G 04 ATTEST: *su S• P,y¢�Zp Sharon •••.,,„..•�`' Page 2 of 2 KTOUNCIDDraft Ordinances,-Ord 752 East End Marketplace.doc COMPASS LAND SURVEYING, P.L.L.C. 3818 E. Newby St, Suite 103 EXHIBIT "A" Nampa, Idaho 83687 Client: Rennison Engineering Date: September 2, 2015 Job No.: 6514 REZONE BP TO MU -DA DESCRIPTION __ RECEIVED & FILED i CITY OF EAGLE SEP 0 31015 Telep one: (208) 442 -0115 Email: A parcel of land located in the NW1 /4 of Section 15, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County Idaho, more particularly described as follows: Commencing at a found brass cap stamped "JUB ENGS" marking the NW corner of said NW1 /4, (Section comer common to sections 9, 10, 15 and 16), said comer bears N. 00027'04" E., 1322.71 feet from a found 2 inch diameter illegible aluminum cap marking the North 1/16 corner common to sections 15 and 16; Thence along the westerly boundary of said NW1 14, S. 00 °27'04" W., 936.35 feet to a point; Thence leaving said westerly boundary, S. 89 032'56" E., 40.64 feet to the center line intersection of E. State Street and S. Edgewood Lane; Thence along the center line of said E, State Street, N. 81 °19'21" E., 276.82 feet to the beginning of a tangent curve right, having a radius of 300.00 feet; Thence 216.60 feet along the arc of said curve, though a central angle of 41022'04", the long chord of which bears, S. 77 059'37" E., 211.93 feet to the beginning of a reverse curve left, having a radius of 34,377.48 feet; Thence 306.04 feet along the arc of said curve, through a central angle of 00 030'36 ", the long chord of which bears, S. 57 033'53" E, 306.04 feet to the POINT OF BEGINNING; Thence continuing along the center line of said E. State Street and said curve left, 380.33 feet along the arc of said curve, through a central angle of 00 038'02 ", the long chord of which bears, S. 58 °08'12" E, 380.33 feet to a point; Thence leaving said center line, S. 31030'03" W., 311.98 feet to a point; Thence N. 52 °01'14" E., 57.34 feet to a point; Thence N. 31030'03" E., 7.59 feet to a point; Thence N. 71037'17" W., 268.08 feet to a point; Thence N. 18 022'43" E., 280.34 feet to a point; Thence N. 32 °2443" E., 88.38 feet to the POINT OF BEGINNING. Said parcel contains 2.70 acres more or less. 1 74 .� OF% COMPASS LAND SURVEYING, P.L.LC. 3818 E. Newby St, Suite 103 EXHIBIT "B" Nampa, Idaho 83687 Client: Rennison Engineering Date: September 2, 2015 Job No.: 6514 REZONE BP TO C -2 -DA DESCRIPTION RECEIVED & FILED CITY OF EAGLE Telephone: (208- 81352015 Fax: 08) 327 -2106 Email: 'e v ! s r►tet . OU @ o. A parcel of land located in the NW1 /4 of Section 15 and the NE1 /4 of Section 16, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County Idaho, more particularly described as follows: Commencing at a found brass cap stamped "JUB ENGS" marking the NW corner of said NW1 /4, (Section comer common to sections 9, 10, 15 and 16), said corner bears N. 00 027'04" E., 1322.71 feet from a found 2 inch diameter illegible aluminum cap marking the North 1/16 corner common to sections 15 and 16; Thence along the westerly boundary of said NW1 /4, S. 00 °27'04" W., 936.35 feet to a point; Thence leaving said westerly boundary, S. 89 032'56" E., 40.64 feet to the center line intersection of E. State Street and S. Edgewood Lane, said point being the POINT OF BEGINNING; Thence along the center line of said E, State Street, N. 81019'21" E., 276.82 feet to the beginning of a tangent curve right, having a radius of 300.00 feet; Thence 216.60 feet along the arc of said curve, though a central angle of 41 °22'04 ", the long chord of which bears, S. 77 059'37" E., 211.93 feet to the beginning of a reverse curve left, having a radius of 34,377.48 feet; Thence 306.04 feet along the arc of said curve, through a central angle of 00 030'36 ", the long chord of which bears, S. 57 033'53" E, 306.04 feet to a point; Thence leaving said center line, S. 32 024'43" W., 88.38 feet to a point; Thence S. 18 °22'43" W., 280.34 feet to a point; Thence S. 71037'17" E., 268.08 feet to a point; Thence S. 31030'03"W., 7.59 feet to a point; Thence S. 52 °01'14" E., 57.34 feet to a point; Thence N. 31 °30'03" E., 25.16 feet to a point on the center line of E. McGrath Road; Thence along said center line, S. 52 001'14" E., 95.86 feet to a point; Thence leaving said center line, S. 37 05846" W., 25.00 feet to a 112 inch diameter iron pin with no cap marking the southerly right of way of said E. McGrath Road; Thence S. 67022'41"W., 150.43 feet to a 1/2 inch diameter iron pin with no cap; Thence S. 00 °17'05" W., 52.94 feet to an aluminum cap monument stamped "ITD Right of Way" marking a point on the northerly right of way of State Highway 44; Thence S. 18 033'43" W., 80.00 feet to a point on the center line of said State Highway 44; Thence along said center line, N. 71037'17" W., 957.35 feet to the point of.intersection of said State Highway 44 center line and the center line of S. Edgewood Lane; COMPASS LAND SURVEYING, PLLC 6514 East End Market P1ace4Survey0mcriptions\Rezone BP to C -2 -DA doc Page 2 of 2 Thence along the center line of said S. Edgewood Lane, N. 18 024'21" 216.08 feet to the beginning of a tangent curve left, having a radius of 800.00 feet; Thence continuing along said center line, 375.34 feet along the arc of said curve, through a central angle of 26 °52'54", the long chord of which bears, N. 04 °57'54° E., 371.91 feet to the POINT OF BEGINNING. Said parcel contains 12.85 acres more or less. �a s m a. J O � W O 0 a O d ~ Q d) �z 0 LL N LLI c co �Z) W NO �F c CO EZ EQ U) mF nm 0� a a N L 'O p N C C d � U 7 « m � N ('1 CL U N M E CD 'of I- c L— Cl) _ ) C (D O U cu o - 0 0 � m 0 m N M m `m �t O ® a m $ m O C _° a n V O V M d U J d Q O mew i VIIli Jlllllllla 6 t ❑ J r�fr C O l c m r R f � a l CL ! f Q'i f J! / f r /r✓ �Ffrff Y Jj J O 0 O rA LU m m E CL E o a C CLh mW U M Cn z �a s m a. J O � W O 0 a O d ~ Q d) �z 0 LL N LLI c co �Z) W NO �F c CO EZ EQ U) mF nm 0� a a N L 'O p N C C d � U 7 « m � N ('1 CL U N M E CD 'of I- c L— Cl) _ ) C (D O U cu o - 0 0 � m 0 m N M m `m �t O ® a m $ m O C _° a n V O V M d U J d Q O mew i VIIli Jlllllllla 6 t ❑ J r�fr C O l c m r R f � a l CL ! f Q'i f J! / f r /r✓ �Ffrff Y Jj J O 0 Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: 6-7''1 D -F Ea:) t, J Address: (lad C • Ct. v► C Lar r , •1 1n nnt4 Legal Notices Identification: Run Dates: ORDINANCE NO. 752 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF' THE PROPERTY DESCRIBED HEREIN FROM BP (BUSINESS PARK) CLASSIFICATION MU -DA (MIXED USE WITH A DEVELOPMENT AGREEMENT) AND C -2 -DA (GENERAL BUSINESS DISTRICT WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVO)IN AN EFFECTIVE DATE. RECEIVED & FILED CITY OF EAGLE APR 2 0 2016 File• Route to• g o 4 t I ( 20 R, REZONE BP TO C -'e, � I% tit \tAai 2 -111 -474 - of land in Section East, B parcel se Mer beat ofEa W' Ma Ma j3 t4 , k(4. S East. Bolsa Meridian, Eagle,, Commencing at a found brass cap stamped JUB ENO --- comer common to sections 9,10,15 and 16), said own REAL lair diameter IOegtde afun ram cep marWng Ase t TG Thenceelongdre "°r'Pwom, deposes +�eamnyboutaaryofBatdNxn/4.8 rincipal Clerk Of Thom leaving said west* boundarY.s. 99'32.56• S)er published at G Street and S. Edgewood Lane, said point being the X10; that the said Thence aleitg the WPMawer teeter gara�tdf'�O0 fentStreeon in the said having affne radius 0300.00 rest 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, Tttle^67, Idaho Code, the City of F.gle 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 BP to MU - DA; and WHEREAS, the owner of the real property situated within the City of Eagle and particularly described in Exhibit "B" of this ordinance has requested, in writing, a rezone from BP to C -2 - DA; and WHEREAS, the property described in Exhibit "A" and Exhibit 'B" is generally on the east side of South Edgewood Lane between State Highway 44 and East State Street inclusive of 1601, 1782, and 1794 East McGrath 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 November 16, 2015, as required by Section 67-6509, Idaho Code, and made a recommendation to the Mayor and Council; and 1 WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public 4..bearing on December 15, 2015, on theoproposed zoning for the real property described in Exhibit "A" and Exhibit "B" 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" and the requested zoning classification of C -2 -DA for the property as described in Exhibit "B" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle reprehensive 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 BP (Business Park) zoning classification and >ur=hided in the s r MU -DA (Mixed Use with a development agreement) zoning classification Zoning Ordinance of the City of Eagle. The City Council Rather finds and determines that said zone change is in accordance with the Eagle Comprehensive Plan and elevant City Codes. ;eaten 21 The City Council hereby finds and determines that the real ascribed in Exhibit "B" be removed from the BP property tcluded in the C -2 -DA General Park) zoning classification andg ( Business District with a development agreement) zoning Iassification pursuant to the Zoning Ordinance of the City of nds and determines that said zone c Eagle. The City rehen Council a Plan ed relevant City Codes.hinge is in accordance with the Eagle Comprehensive Plan wine Sr The described real property generally as shown on Exhibit "C" and located as tecificafy described in the attached legal description Exhibit "A" all situated in the City of see,Ma County, Idaho, is hereby removed from the BP (Business Park) zoning classification d the real property described in Exhibit,"A" is hereby included in the MU -DA (Mixed Use :th a development agreement) zoning classification. The described real property generally as shown on Exhibit "C" and located as," sxificall y described in the attached legal description Exhibit "9" all situated in the City of pre, Ada County, Idaho, is hereby removed from the BP (Business Park) zoning classification Thence 216.69feetalong the are of said curve, Mortal nity of Meridian, bears, s.7r59'37"E.,211.93feet oathe beginningof uninterruptedly Thence 306.04 feet along the are of said moire, threugt►I ring a period of beam, 8.57'33'53' E, 309.04 feet to a point $ prior to the first Incaleavingsaid center One, S.32'2443'w,es. vhich is attached Thence s•Irma" w.,28034feet toapoint was published in Thence S. 71.3717' E. 288.08 feet to a point Section 60-108, �r P time(s) Thence S. 52.01'14•E 57.34 feet to a pr said paper, and per, and not in a Thence N. 31.30'03" E., 25.16 feet to a point on the cer e was published Dienes along said center Erre, 8.52.0x14• E., 95.86 fe.2 following dates: Thence leaving saki cotter One. 8.37.5848' W., 25.00�r t E ] 4 masking the southerly right o tray of said E McGrath Err Thence S. 67'22'41' W.,150.43 feet to a 1,2 inch dtarnd Thence S. 04.1705' W., 52.94 feet to an aluminum cap point on the northerly right of way of State Highway 44: 201 Thence S.18'33'43' W., 80.00 feet to a pohnon the ser Thence along said center line, N. 71.3717' W., 957.35111 44 center Ons and the center Iine of S. Edgewaod Lane; 6.114 raWrAlia" 118331116.1116 Page 2 01'2 ai'r`�° HPeDCa.D&&ATE OF IDAHO ) Thence tangent curve left, having a mdtthe center line of uo 8800 8. .000 � )SS Thence continuing along said center milk 37534 feet a? U NTY OF ADA ) 26'5254', the tong chord of which bears, N. 04.57'54• t the year of 2016 Said parcel contahna 12.85 acres more or less. Honally appeared Thence 8. 31'30'03' W., 7.59 feet to a point a . nor hid IV f ti vues n I il sarin t�learnaT ssIf I to be the person within instrument, declared that the ledged to me that ecuted the same. Public for Idaho Wit g at Boise, ID 2')3t .Sc 1 3.ctiAt. To -61 2T Ce- " ea1.0 .00 A gig( � SI y