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Ordinance - 2022 - 872 - Campbell 12700 North Horseshoe Bend Road Rezone From A-R To Mu-Da - 02/17/2022 ORDINANCE NO. 872 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL) TO MU-DA (MIXED USE 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, Lloyd Campbell, the owner (at time of rezone approval [RZ-17-00]) of the real property situated within the City of Eagle and particularly described in Exhibit"A" and shown in Exhibit "B" of this ordinance had requested, in writing, a rezone from A-R (Agricultural- Residential)to MU-DA(Mixed Use with a development agreement); and WHEREAS, the development agreement associated with the rezone was executed by Lloyd Campbell and the City of Eagle on October 20, 2004, and subsequently recorded on November 1, 2004, as Ada County Instrument No. 104138947; and WHEREAS, the property described in Exhibit "A" is identified as Ada County tax parcel No. S0503121105 and is located at the southeast corner of East Beacon Light Road and North Horseshoe Bend 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 15, 2002, 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 September 9, 2003, 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 MU-DA (Mixed Use 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. Page 1 of 2 K:\COUNCIL\Draft Ordinances\ORD 872 Campbell.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" and shown in Exhibit `B" be removed from the A-R (Agricultural- Residential) 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 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 A-R (Agricultural-Residential) 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 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 17th day of February 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Ja n P rce, Mayor C.1 ZEST: ,��.��pFNC��%,��, Tracy E. orn, Eagle City Clerk ? v ••• '-. ,ter,.- PZ.?�,. ..« .•••• 4TE oc,�,��� Page 2 of 2 K:\COUNCIL\Draft Ordinances\ORD 872 Campbell.doc Roylance Engin( ; • Surveyors • Landplanners 391 W.State Stre Exhibit cc.A Telephone(208)939-2824 Fax(208)939-2855 RECEIVED& FILED CITY OF EAGLE October 25, 2000 Project No. 2127 SEP 2 2 2004 Fife: • Route to: Legal Description Lloyd Campbell 1.65 Acre Tract A parcel of land being on the westerly side of the centerline of State Highway 55, Project No. NHF-3271 (52) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department, and being a portion of Government Lot 2 in Section 3, Township 4 North, Range 1 East, Boise Meridian, further described as follows: Commencing at the Northeast corner of said Government Lot 2 from which point the Northwest corner of said Government Lot 2 bears North 89°-42'-14"West a distance of 1324.70 feet; thence North 89°-42'-14"West along the northerly line of said Government Lot 2 a distance of 277.50 feet to the Northwest corner of that property described in that Warranty Deed recorded May 30, 1979 as Instrument No. 7929075 on file in the office of the County Recorder for Ada County, Idaho; thence along the westerly Iine of said property described in Instrument No. 7929075 a distance of 79.40 feet along the arc of a 666.30 foot radius curve to the left, said curve having a central angle of 06°-49'-40" and a chord bearing South 23°-28'-07"West a distance of 79.35 feet to a point, said point being the POINT OF BEGINNING. Thence a distance of 55.71 feet along the arc of a 666.30 foot radius curve to the left, said curve having a central angle of 04°-47'-26" and a chord bearing South 17°-39'-35"West a distance of 55.69 feet to a point; Thence North 74°-44'-08"West a distance of 10.00 feet to a point; Thence a distance of 509.93 feet along the arc of a non-tangent 676.30 foot radius curve to the left, said curve having a central angle of 43°-12'-05" and a chord bearing South 06°-20'-11"East a distance of 497.94 feet to a point that bears South 86°-00'-10" West a distance of 69.12 feet from Station 141+17.72 of said Highway Survey; Thence North 86°-00'-10" East a distance of 69.12 feet to a point on the centerline of State Highway 55 at Station 141+17.72 of said Highway Survey; Thence along said centerline 482.28 feet along the arc of a non-tangent circular curve to the right, said curve having a radius of 1348.14 feet, a chord bearing of North 06°-I5'-O5" East and a chord distance of 479.72 feet to a point at Station 146 +00.00 of said Highway Survey; Thence departing said centerline North 73°-30'-00" West a distance of 93.87 feet to a point on the westerly right-of-way of State Highway 55; Thence North 58°-10'-37" West a distance of 70.14 feet to the POINT OF BEGINNING. The above described tract of land contains 1.65 acres, more or less, subject to all existing easements and rights-of-way. X:11'ROJECTS1Camphel112127\ADMIN\LEGALS legal I.65acre.doe Legal Description RECEIVED & FILED 1.65 Acre Tract CITY OF EAGLE Page 2 of 2 ^/rft'A File: Route to: Prepared By: ROYLANCE& ASSOCIATES P.A. e V ` �`��` ��, � 39I W. STATE STREET, SUITE E liy " EAGLE, IDAHO 83616 •y r `1� (208) 939-2824 ' ‘741 (208) 939-2855 (FAX) O F 1 �Cw ' 8 RON'�� tO Zs�� Oo • X:1PRO.IECTSICamp()ei1121271ADMINILEGALSIIegal1.G5aere.doe Roylance & Associates A. Engine : • Surveyors • Landplanners 391 W.State Street,Suite E,Eagle, Idaho 83616 Telephone(208)939-2824 Fax(208)939-2855 RECEIVED& FILED CITY OF EAGLE October 25, 2000 Project No. 2127 SEP 22 2004 File: Route to: Legal Description Lloyd Campbell 1.65 Acre Tract A parcel of land being on the westerly side of the centerline of State Highway 55, Project No. NIT-3271 (52) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department, and being a portion of Government Lot 2 in Section 3, Township 4 North, Range 1 East,Boise Meridian, further described as follows: Commencing at the Northeast corner of said Government Lot 2 from which point the Northwest corner of said Government Lot 2 bears North 89°-42'-14"West a distance of 1324.70 feet; thence North 89°-42'-14"West along the northerly line of said Government Lot 2 a distance of 277.50 feet to the Northwest corner of that property described in that Warranty Deed recorded May 30, 1979 as Instrument No. 7929075 on file in the office of the County Recorder for Ada County, Idaho; thence along the westerly line of said property described in Instrument No. 7929075 a distance of 79.40 feet along the arc of a 666.30 foot radius curve to the left, said curve having a central angle of 06°-49'-40" and a chord bearing South 23°-28'-07"West a distance of 79.35 feet to a point, said point being the POINT OF BEGINNING. Thence a distance of 55.71 feet along the arc of a 666.30 foot radius curve to the left, said curve having a central angle of 04°-47'-26" and a chord bearing South 17°-39'-35"West a distance of 55.69 feet to a point; Thence North 74°-44'-08"West a distance of 10.00 feet to a point; Thence a distance of 509.93 feet along the arc of a non-tangent 676.30 foot radius curve to the left, said curve having a central angle of 43°-12'-05" and a chord bearing South 06°-20'.-11"East a distance of 497.94 feet to a point that bears South 86°-00'-10"West a distance of 69.12 feet from Station 141+17.72 of said Highway Survey; Thence North 86°-00'-10"East a distance of 69.12 feet to a point on the centerline of State Highway 55 at Station 141+17.72 of said Highway Survey; Thence along said centerline 482.28 feet along the arc of a non-tangent circular curve to the right, said curve having a radius of 1348.14 feet, a chord bearing of North 06°-15'-O5" East and a chord distance of 479.72 feet to a point at Station 146+00.00 of said Highway Survey; Thence departing said centerline North 73°-30'-0O"West a distance of 93.87 feet to a point on the westerly right-of-way of State Highway 55; Thence North 58°-10'-37"West a distance of 70.14 feet to the POINT OF BEGINNING. The above described tract of land contains 1.65 acres, more or less, subject to all existing easements and rights-of-way. XAPROJECTSTampheM2127\A,DMIN1LEGALRega11.65acra.doe € a) E N o W i ,,. Exhibit `B" N m N IN C .2 N mo d �g' c Fa ° 1 1 a < I- in ci a w CD I I O0 CD /r/ 1 0L / / W ram -- _ i ccj-I0 r 0 c Z r i- -i; 5 mQ - O cZ N oLL N D co 1m a N as o �o iti EZ `a E~ o 6 ti w n ti_ 5 0 Q. .. m o N ti U.'aiC l� N v.L13_ N O C• C y N J• N CO t- ...."'N'T::::'-'---------..„.... - U CO CO .-- E a> --- I-• C '‘ 'Pl"."1".".....""1"amv .....,,.••••4117____.„._..„,...........--'7"-77'.-- �. r r � 8aogasrQNN ❑ r I o'^ V/ U '^ W W F 'z a //1 J (/) a _ y < L aW m w = ti, }+ N Gcc1 G O d 0 �� O i 1 O I�y 11 w Q % \.