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Ordinance - 2021 - 867 - Middlefork Estates Rezone - 12/14/2021 ORDINANCE NO. 867 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R-E-DA (RESIDENTIAL-ESTATES WITH A DEVELOPMENT AGREEMENT) TO R-1-DA (RESIDENTIAL 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, Michael and Julie Harrison, the owners of the real property situated within the City of Eagle and particularly described in Exhibit "A" and shown on Exhibit `B" of this ordinance has requested, in writing, a rezone from R-E-DA (Residential-Estates with a development agreement)to R-1-DA (Residential with a development agreement); and WHEREAS, the property described in Exhibit "A" is located at 1655 North Meridian Lane, Eagle, Idaho 83616; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on July 6, 2021, 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 10, 2021, on the proposed zoning for the real property described in Exhibit "A" and shown on Exhibit `B", as required by Section 67-6509, Idaho Code, made findings and determined that the requested zoning classification of R-1-DA (Residential 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 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" and shown on Exhibit "B" be removed from the R-E-DA (Residential- Estates with a development agreement) zoning classification and included in the R-1-DA (Residential 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. Page 1 of 2 K:\COUNCIL\Ordinances\ORD 867 Middlefork Estates RZ.doc 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-E-DA (Residential-Estates with a development agreement) zoning classification and the real property described in Exhibit "A" is hereby included in the R-1-DA (Residential 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: 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 5: 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 50-901A, Idaho Code, may be published. DATED this 14th day of December 2021. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho k J..on 'ierce, Mayor AT EST: •.••••pF ti?GLE• .�,1 skATF•• �c • Tracy E. O o , Eagle City Clerk U P•1's:Z• cC• • • Page 2 of 2 K:\COUNCIL\Ordinances\ORD 867 Middlefork Estates RZ.doc -7 , ,- --- �_,,, cc »Exhibit RECEIVED & FILED CITY OF EAGLE MAR 1 1 2021 File: Route to: •teLanr(SuNe ' •,LLC. Job No. 2019-143 J.B.F. 4-03-20 BOUNDARY DESCRIPTION FOR MIDDLEFORK ESTATES Overall Boundary Part of the Northeast%of the Southeast% in Section 1,Township 4 North, Range 1 West of the Boise Meridian, City of Eagle, Idaho described as: Beginning at a found Brass Cap marking the East Quarter corner of Section 1,Township 4 North, Range 1 West of the Boise Meridian,City of Eagle, Idaho and thence SOO°54'44"E 724.05 feet along the East line of the Northeast%of the Southeast%of said Section to a found 5/8" rebar marking the Point of Beginning; thence SOO°54'44"W 309.18 feet along said East line;thence N88°18'25"W 169.20 feet (formerly 169.32 feet);thence N81°37'31"W 21.60 feet (formerly 21.52 feet);thence N85°20'30"W 147.16 feet(formerly 147.12 feet)to the centerline of Dry Creek Canal;thence along said centerline the following two(2)courses: (1)thence N30°49'58"W 73.33 feet(formerly 73.34 feet); (2)thence N41°23'44"W 313.77 feet(formerly 313.84 feet);thence S89°05'33"E 587.23 feet(formerly 587.27 feet) to the Point of Beginning. Parcel contains 137,258 square feet or 3.15 acres more or less. 106 W Main St.Unit D,Middleton,ID 83644*p15.222(1@yahoo.com*(208)861-7513(0)*(866)337-4925(F) Page 1 Exhibit "B" IIVOHl NV/GI '3VV Al v 0 ii 6uoag jo sisog E co�z� cV �a-sss vim- 4 0 J . — _ . _ .be8o� M���s.00s — - - _ � � W o�� O: o co oa w Q rn �0 �ti 2'Q A w I- I— Q J o Z D I I L._ I o I IO N ICI inc Iz ���p (� 12 • co 33 93 h�'1 ii , CI } '�•p6.4 kg 5 .c tb J r I /3O J o w\ w ce tb Z _ _ I • a o 44 � 0 = I I / / IZ) o m y •6 m a �( 43 Oa it I I ��/ �� GN / / W \ W 0 15. / ��o J a l E2E) 3 3 \ J,_ i_c.i 1 1 ti h4 G� / �I ONN \ Q., I ) / / / \ Zoo / / \ o ��m W lv / / / DPzi 2 / \ D J J-.I Y 0R ce 0 CO ,� u L (\ ao o �; N N G = 2( a� S`� ��Q' /SSA <c,