Ordinance - 2003 - 439 - Change Zoning Eagle River - 03/25/2003ORIGINAL
ORDINANCE NO. 439
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM C-1 (NEIGHBORHOOD BUSINESS DISTRICT)
CLASSIFICATION TO C -3 -DA (HIGHWAY BUSINESS DISTRICT WITH DEVELOPMENT
AGREEMENT) CLASSIFICATION; 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 Mayor and Council have determined that good cause exists for amending the
official zoning map of the City of Eagle.
WHEREAS, the real property particularly described in Section 2 hereinafter is presently included
in the C-1 (Neighborhood Business District) classification under the zoning ordinance of the City
of Eagle; and
WHEREAS, the City Council of the City of Eagle has determined that the zone change is in
accordance with the Eagle Comprehensive Plan and relevant City Codes and that the rezoning
from C-1 (Neighborhood Business District) classification to C -3 -DA (Highway Business District
with Development Agreement) classification is 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 it is in the best interests of the
public health, safety, and welfare of the City of Eagle and the residents and property therein that
the real property particularly described in Exhibit "A" attached hereto and incorporated herein by
reference be removed from the C-1 (Neighborhood Business District) zoning classification and
included in the C -3 -DA (Highway Business District with Development Agreement) classification
Page 1 of 2
K:\COUNCIL\Draft Onhnances•Ord 439 dog.
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 Exhibit "A", both attached hereto and incorporated herein by reference,
all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the C-1
(Neighborhood Business District) classification and is hereby included in the C -3 -DA (Highway
Business District with Development Agreement) 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,a5M-day of Ma ► 2003.
CITY OF EAGLE
ADA COUNTY, IDAHO
(4aYorJancy ��Merrill,
ATTEST:
0-\
Sharon K. Moore,
City Clerk/Treasurer
Page 2 of 2
K:\COUNC[L\Draft OrJinwtces\Ord 439.dnc
12/25/2002 21:51 12089. 855
Roylance & Associates P.A.
391 W. State Street, Suite E, Eagle, Idaho 83616
December 26, 2002
Pmject No. 2264
Legal Description for Eagle River, LLC
Property Re -zone
1.5 Acre Tract
ROYLANCE PAGE 02
Engineers • Surveyors • Landplanners
Telephone (208) 939.2824 Fax (208) 939-2855
A tract of land situated in the Northwest One Quarter of the Northwest One Quarter of Section 16,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ma County, Idaho, described as follows:
at an aluminum cap monumenting the Northwest Corner of said Section 16, thence along the
westerly line of said Section 16, South 00°-55'-47" West a distance of 132038 feet to the Southwest Comer of
the Northwest Onc Quarter of the Northwest One Quarter of said Section 16, thence along the southerly line of
the said Northwest One Quarter of the Northwest Onc Quarter South 89°-52'-14" East a distance of 110.00 feet
to a point on the easterly right-of-way of South Eagle Road; thence along said easterly right-of-way
North 01°-18'-34" West a distance of 15.61 feet to the POINT OF BEGINNING.
Thence South 89°-35'-10" East a distance of 300.00 feet to a point;
Thence parallel with said east/311y right-of-way North 01°-18'-34" West a distance of 290.54 feet to a
point;
Thence North 89°-35'-l0" West a distance of 300.00 feet to a point on said easterly right-of-way;
Thence along said easterly right-of-way South 01°-18'-34" East a distance of 290.54 feet to the
POINT OF BEGINNING.
EXCEPTING THEREFROM:
Lot 2, Block 1 of Mixed Use Subdivision — No. 2, according to the official plat thereof, filed in Book 83 of plats
at pages 9117 to 9121 inclusive, records of Ada County, Idaho.
ALSO EXCEPTING THEREFROM:
That portion of the above described tract of land lying within the tight -of --way of East Eagle River Street of
Mlxod Use Subdivision — No. 1, according to the official plat thczvof, filed in Book 83 of plats at pages 9068 to
9073 inclusive, records of Ma County, Idaho.
Said described tract of land contains 1.5 acres more or less, subject to all existing easements and rights-of-way.
Prepared By: ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITE E
EAGLE, ID 83616
(208) 939-2824
(208) 939-2855 fax
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April 1, 2003
ORDINANCE NO. 439
Valley Times
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN
FROM C-1 (NEIGHBORHOOD BUSINESS DISTRICT) CLASSIFICATION TO C -3 -DA (HIGHWAY BUSINESS DISTRICT
WITH DEVELOPMENT AGREEMENT) CLASSIFICATION; 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 Mayor and Council have determined that good cause exists for amending the official zoning map of the
City of Eagle.
WHEREAS, the real property particularly described in Section 2 hereinafter is presently included in the C-1 (Neighborhood
Business District) classification under the zoning ordinance of the City of Eagle; and
WHEREAS, the City Council of the City of Eagle has determined that the zone change is in accordance with the Eagle
Comprehensive Plan and relevant City Codes and that the rezoning from C-1 (Neighborhood Business District) classification
to C -3 -DA (Highway Business District with Development Agreement) classification is granted.
NOW THEREFORE, BE IT ORDAINED 13Y THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS
FOLLOWS:
Section 1: The City Council hereby finds and determines that it is in the best interests of the public health, safety, and welfare
of the City of Eagle and the residents and property therein that the real property particularly described in Exhibit "A" attached
hereto and incorporated herein by reference be removed from the C-1 (Neighborhood Business District) zoning classification
and included in the C -3 -DA (Highway Business District with Development Agreement) 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 Exhibit "A",
both attached hereto and incorporated herein by reference, all situated in the City of Eagle, Ada County, Idaho, is hereby
removed from the C-1 (Neighborhood Business District) classification and is hereby included in the C -3 -DA (Highway Business
District with Development Agreement) 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 (I) publication of the
ordinance in the official newspaper of the City.
DATED this _25th_ day of March, 2003.
CITY OF EAGLE
ADA COUNTY, IDAHO
Nancy C. Merrill,
Mayor
ATTEST:
Sharon K. Moore,
City Clerk/Treasurer
Valley Times
PO Box 1790 Eagle, Idaho
LEGAL ADVERTISING PROOF OF
Account: City of Eagle
Address: 310 East State Street
Eagle, Idaho 83616
Attention: Sharon Moore
Page 15
EXHIBIT A
December 26, 2002
Project No. 2264
Legal Description for Eagle River, LLC
Property Re -zone
1.5 Acre Tract
A tract of land situated in the Northwest One Quarter of the Northwest One Quarter of
Section 16, Township 4 North, Range I East, Boise Meridian, City of Eagle, Ada County,
Idaho, described as follows:
Commencing at an aluminum cap monumenting the Northwest Corner of said Section
16, thence along the westerly line of said Section 16, South 00°-55'-47" West a distance
of 1320.38 feet to the Southwest Corner of the Northwest One Quarter of the North-
west One Quarter of said Section 16, thence along the southerly line of the said North-
west One Quarter of the Northwest One Quarter South 89°-52'-14" East a distance of
110.00 feet to a point on the easterly right-of-way of South Eagle Road; thence along
said easterly right-of-way North 01°-18'-34" West a distance of 15.61 feet to to POINT
OF BEGINNING.
Thence South 89`-35'-10" East a distance of 300.00 feet to a point;
Thence parallel with said easterly right-of-way North 01°-18'-34' West a
distance of 290.54 feet to a point;
Thence North 89°-35'-l0" West a distance of 300.00 feet to a point on said
easterly right-of-way;
Thence along said easterly right-of-way South 01°-18'-34" East a distance of
290.54 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM:
Lot 2, Block 1 of Mixed Use Subdivision - No. 2, according to the official plat thereof,
filed in Book 83 of plats at pages 9117 to 9121 inclusive, records of Ada County, Idaho.
ALSO EXCEPTING THEREFROM:
That portion of the above described tract of land lying within the right-of-way of East
Eagle River Street of Mixed Use Subdivision - No. 1, according to the official plat
thereof, filed in Book 83 of plats at pages 9068 to 9073 inclusive, records of Ada
County, Idaho.
Said tract of land contains 1.5 acres more or less, subject to all existing easements and
rights-of-way.
Prepared by: ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITE E
EAGLE, ID 83616
(208) 939-2824
(208) 939-2855 fax
Identification:
Run Dates:
Number Lines
Other:
Geneva A. -
and says: Thi
Valley Times, a
Eagle, Ada Cc
newspaper is
County of Adm
Star, and Eag
published in s
seventy-eight
publication of
hereto, and th
Valley Times ,
Idaho Code, s
in the regular
was printed in
supplement; s
on the foliowir
Beginning:
En ins:
iirdo
STATE OF IC
COUNTY OF
Onthis// d:
before me, a N
Geneva A. Trei
whose name is
and being by rr
statements her
she executed tt
Notary P
Residing at:
My Commissi
[.~
Valley Times 'c,'?!f! gï~~l?õ--
PO Box 1790 Eagle, Idaho 83616 ,.qGl.~
. APR 11. "
LEGAL ADVERTISING PROOF OF PUBLICATION ,--....
City of Eagle Identification: Ordinance Nb..- ~~ ----
310 East State Street Run Dates: A ril1, 2003 ~ ----
Account:
Address:
Eagle, Idaho 83616
Attention:
Sharon Moore
;: 79 :).-C-4-/ /.:l9.9~
Number Lines: + :ESpx4/i. Amount: IOO.tJ6
Other: ~ (). ¿j I
10m, deposes
al Clerk of
mblished at
:>; that the said
n in the said
of Meridian,
April], 2003 linterruptedly
period of
81d f do 0 0 d HOtl. prior to the first
The WI West: Army's treatment 0 In lans InspIre I er )f which is attached
tors and then settlers; and the south- Iblished in
em Plains, where Comanches and action 60-108
Kiowas staged raids against the in- I time(~)
flux of whites. .a'd aper and
As noted in The Soldiers (Time- I p d ' t .
.f, 974 162) "I h (Sh )er, an no In a
LI e, 1 , p. , twas e er- bl' h d
.d ) 1 . h (h' d vas pu IS e
I an, a ong wIt IS pre ecessor,
General) Shennan, who made the ma-
jor decisions and conceived the strat- 10.3
egy that ultimately destroyed the
Plains Indians. It was a cruel strat-
egy, the so-called winter campaign, )03
aimed at women and children, as well
as at warriors. f
"And Sheridan could be barba-
rous in seeing that it was carried out.
His orders to George Custer, when he
sent him out against Black Kettle's
village on the Washita, speak for. th f 2003
.1 h 11 . In e year 0
themselves: 'KI lor ang a wamors -
. . Iy appeared
and brIng back all women and chIl-
dren.' Such orders could only lead to to me to be the person
one end: the utter destruction of the lin instrument,
Indian enemy." ;Iared that the
This is the context in which such owledged to me that
atrocities could occur as the Sand '..
Creek massacre in Colorado in 1864 "',.'
"'..
or any of a number of other incidents I' ~
in which white soldiers murdered and "', \.
butchered Indian women and chi 1- J¡¡, Ë
dren as well as men, all in the name of I ¡
~~
"taming" the West. ~ ~
Does anyone care nowadays? ~ ..,,~
Certainly the remaining decimated ~...."
tribes care, but their heritage was
snatched from them via broken trea-
ties and the relentless march of whites
westward, especially in the 1 840s and
afterward.
Times - Western History
TIme-Llfe Books
Top Indian fighter/cavalry hero Phil Sheridan, who in 1869 became
commander of the Army's enormous Division of the Missouri. In
this 1865 portrait, Sheridan is framed by a tableau depicting his
exploits during the just-ended Civil War.
By Frank Thomason
Contemporary critics of the
.. .invasion of Iraq by the U.S. and
trit",;n ~"'" ;t'~ '" r""1;",, 1 ,1",..."rt"~,,,
- by starvation and uneven
combat - of the red savages who