Ordinance - 2003 - 438 - Change Zoning Cottonwood Creek Rezone - 03/25/2003ORIGINA1
ORDINANCE NO. 438
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESIDENTIAL)
CLASSIFICATION TO L -O -DA -P (LIMITED OFFICE WITH DEVELOPMENT
AGREEMENT AND PLANNED UNIT DEVELOPMENT) 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 A -R (Agricultural -Residential) 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 A -R (Agricultural -Residential) classification to L -O -DA -P (Limited Office with
Development Agreement and Planned Unit Development) 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 A -R (Agricultural -Residential) zoning classification and included
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K:\COUNCIL\Drdft Ordinances \Ord 438 doe
in the L -O -DA -P (Limited Office with Development Agreement and Planned Unit Development)
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 A -R
(Agricultural -Residential) classification and is hereby included in the L -O -DA -P (Limited Office
with Development Agreement and Planned Unit Development) 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 this4.0day of Mu" 2003.
CITY OF EAGLE
ADA COUNTY, IDAHO
Naicy C. IT-rrill,
Mayor
ATTEST:
Sharon K. Moore,
City Clerk/Treasurer
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K:\COUNCIL\Draft OrdiuuncesIOrd 438.doc
PROPERTY DESCRIPTION
A parcel of land located in the NE1/4 of Section 20, T. 4 N., R. 1 E., B.M., City of Eagle, Ada
County, Idaho, as shown on Record of Survey No. 4563, recorded as Inst. #99025226 in the office
of the Ada County Recorder, and more particularly described as follows;
Commencing at the southeast comer of said NE1/4 (E1/4 Corner), said point monurnented with a
3 -inch diameter brass disk;
Thence N. 1°17'14" E., a distance of 850.26, formerly (N. 1°15'11" E., a distance of 850.26 feet)
along the easterly boundary of said NE1/4, to a point;
Thence N. 89°54'07" W., a distance of 63.68 feet, formerly (N. 89°52'04" W., a distance of 63.68
feet) to a 5/8 -inch diameter iron pin on the westerly right of way boundary of North Eagle Road,
and the northeast corner of BANBURY MEADOWS SUBDVISION NO. 1, as on file in Book 78
of Plats at Page 8204, in the office of the Recorder of Ada County, Idaho, said point also being the
POINT OF BEGINNING;
Thence N. 89°54'07" W., a distance of 1285.69 feet, formerly (N. 89°52'04" W., a distance of
1285.84 feet) along the northerly boundary of said BANBURY MEADOWS SUBDIVISION NO.
1, to a point;
Thence N. 0°08'09" W., a distance of 234.03 feet, formerly (N. 0°06'07" W., a distance of 234.03
feet) along the westerly boundary of said Record of Survey No. 4563 to the northwest corner of
said Record of Survey No. 4563, to a point;
Thence N. 79°11'23" E., a distance of 201.39 feet, formerly (N. 79°13'25" E., a distance of 201.39
feet) along the northerly boundary of said Record of Survey No. 4563, to a point;
Thence N. 67°38'21" E,, a distance of 355.09 feet, formerly (N. 67°40'23" E., a distance of 355.09
feet) along said northerly boundary of said Record of Survey No. 4563, to a point;
Thence N. 54°24'57" E., a distance of 245.54 feet, formerly (N. 54°26'59" E., a distance of 245.54
feet) along said northerly boundary of said Record of Survey No. 4563, to a point;
Thence N. 78°29'58" E., a distance of 225.20 feet, formerly (N. 78°32'00" E,, a distance of 225.20
feet) along said northerly boundary of said Record of Survey No. 4563, to a point;
EX INiT As
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EARL:&:ASSOCIATES:::
EARL & ASSOCIATES, INC.
SURVEYORS, ENGINEERS & PLANNERS
Page 2 OF 2
ENTIRE PIECE
TEL:4540979 P. 003
Thence N. 88°30'30" E., a distance of 364.56 feet, formerly (N. 88°32'32" E., a distance of 364.56
feet) to the northeasterly corner of parcel shown on said Record of Survey No. 4563, said corner
also being a point on the westerly right of way of said North Eagle Road;
Thence along the westerly right of way of said North Eagle Road, 86.24 feet along the arc of a
curve to the right, with a central angle of 0°26'02" a radius of 11389.16 feet and a chord which
bears S. 2°16'32" W., a distance of 86.24 feet to a point;
Thence continuing along the westerly right of way of said North Eagle Road, S. 2°27'31" W., a
distance of 361.98 feet, formerly (S. 2°29'33" W., a distance of 361.98 feet) to a 3 -inch diameter
brass disk marking P.T. Sta. #311+28.19, as shown on said Record of Survey No. 4563;
Thence continuing along the westerly right of way of said North Eagle Road, 158,65 feet along the
arc of a curve to the right, with a central angle of 0°47'18" a radius of 11529.16 feet and a chord
which bears S. 2°05'54" W., a distance of 158.65 feet to the POINT OF BEGINNING.
This parcel contains 13.67 acres more or less.
Also this parcel is subject to all easements and rights of way of record or implied.
NOTE:
This description was prepared without the benefit of an actual field survey, but by record
information per said Record of Survey No. 4563 and said Banbury Meadows Subdivision No. 1.
The Basis of Bearings per this description is the north boundary of Banbury Meadows Subdivision
No. l .
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RANi3URY MEADOWS SU8DIV:SION NO. 1
Exhibit "A" (3 of 3)
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4N1E SEC 20
Tracy Osborn
From:
Sent:
To:
Subject:
Ord 438.doc
Tracy Osborn
Friday, March
Valley Times;
Ordinance No.
[teosborn@rmci.net]
28, 2003 9:24 AM
Geneva Trent
438
Please publish the attached ordinance one time only.
I will be faxing over exhibits A & B.
Call w/ any questions.
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