Ordinance - 2002 - 426 - Change Zone/Mercy Housing Senior Subdivision - 05/21/2002ORIGINAL
ORDINANCE NO. 426
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM MU -DA -P (MIXED USE WITH DEVELOPMENT
AGREEMENT AND PLANNED UNIT DEVELOPMENT) TO MU -DA (MIXED USE 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 MU -DA -P (Mixed Use with Development Agreement and Planned Unit Development)
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 MU -DA -P (Mixed Use with Development Agreement and Planned Unit Development)
classification to MU -DA (Mixed Use with Development Agreement) 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 MU -DA -P (Mixed Use with Development Agreement and
Planned Unit Development) zoning classification and be included in the MU -DA (Mixed Use
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.
Page 1 of 2
K \Planning Dept\Eagle Applications \RZ&A\2002 \RZ- 08-00 MOD or&doc
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 MU -DA -P
(Mixed Use with Development Agreement and Planned Unit Development) classification and is
hereby included in the MU -DA (Mixed Use 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 21st day of May, 2002.
CITY OF EAGLE
ADA COUNTY, IDAHO
Rick Yza
Mayor
ATTEST:
Sharon K. Moore,
City Clerk/Treasurer
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K.\Planning DeptTagle Applications\RZ&A\2002\RZ-08-00 MOD ord.doc
EXIIIBIT A'
See Exhibit "A" attached hereto and made a part hereof, by reference and which is comprised of one (1) page.
DESCRIPTION FOR
HOLY APOSTLE CATHOLIC CHURCH
HOUSE PARCEL
April 13, 2001
A parcel of land lying in the SW 1/4 of the NW'/ of Section 9, Township 4 North, Range
1 East, Boise Meridian, Eagle, Ada County, Idaho, more particularly described as
follows;
Commencing at the SW corner of the SW % of the NW (the W'/ corner) of Section 9, T.
4N, R. 1 E, B.M., Thence N 89°00'44" E 30.00 feet along the South line of the SW % of
the NW'/ of said section to a point on the easterly right-of-way of Eagle Road, Thence
N 00°00'00' E 346.82 feet along said easterly right-of-way, parallel to the west tine of
the SW 1/4 of the NW% of said section to the REAL POINT OF BEGINNING of this
description;
Thence continuing N 00°00'00"E 70.00 feet to a point;
Thence N 89°10'37" E 145.00 feet along the south line of Eagle Ranch Subdivision No.
1 to a point;
Thence S 00°00'00" W 70.00 feet to a point;
Thence S 89°10'37" W 145.00 feet to the REAL POINT OF BEGINNING of this
description.
Said parcel contains 0.23 acres (10,149 Sq. Ft.) more or Tess.
Michael E. Marks, PLS, NO. 4998
N
1
300
0
ZONE BOUNDARY
E. RANCH DR.
---------------
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BRIGGS ENGINEERING, INC.
BRIGGS )
(208) 344-9700
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
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MU -DA -P
LOT 3
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MERCY SENIOR VILLAGE SUBDIVISION
PORTION OF THE SW 1/4 OF THE NW 1/4,
SECTION 4, T.2N., R1E., B.M.
EAGLE, ADA COUNTY, IDAHO
DESIGN 1 DRAFT I SCALE( DATE I DWG. NO.
BKB 1" = 300 01/08/02 20108
E. AMANITA STR.
REVISION
SHEET
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Account #
116026
Attention
The Idaho
Statesman
RT�CIYoAGLE
JUN o 7 2002
P.O. Box 40, Boise, Idaho 83707-0040 File'
•
LEGAL ADVERTISING PROOF OF PUBLICATI6 a to'
DLit
666555
TRACY
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
Jdentificatior Amount"
P.O. #
Bun Datea
ORDINANCE 426 $139.50
MAY 29, 2002
Number of Linea
Affidavit
78 X 2
(Legal #
1 13575
JANICE HILDRETH, being duly swom, deposes and says: That
she is the Principal Clerk of The Idaho Statesman, a daily
newspaper printed and published at Boise, Ada County, State
of Idaho, and having a general circulation therein, and which
said newspaper has been continuously and uninterruptedly
published in said County during a period of twelve consecutive
months prior to the first publication of the notice, a copy of
which is attached hereto: that said notice was published in
The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended, for:
ONE
consecutive weekly
consecutive daily
insertion(s)
beginning issue of:
ending issue of:
X
single
odd skip
MAY 2 9 , 2002
MAY 2 9 , 2002
STATE OF IDAHO )ss
COUNTY OF ADA )
On this 2 9 day of MAY in the year of 2002
before me, a Notary Public, personally appeared before me
Janice Hildreth known or identified to me to be the person
whose name subscribed to the within instrument, and being
by me first duly swom, declared that the statements therein
are true, and acknowledged to me that she executed the same.
�0 .�RPgp •',9 '1
','• °°°°s••°•�°•Notary Public for aho
k.4�•° pit ••• Residing at: Idaho
_ A Emmett,° l
e Ait Commission expires: j is d 4
E ( +O'••co J o
y� • O i
1* • PU$ ej�e;
LEGAL NOTICE
ORDINANCE NO. 426
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROP-
ERTY DESCRIBED HEREIN FROM MU -DA -P (MDffD USE WITH DEVELOPMENT
AGREEMENT AND PLANNED UNIT DEVELOPMENT TO MU -DA (MIX D USE WITH
DEVELOPMENT AGREEMENT) CLASSIFICATION; ENDING 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
authon'ty 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 MU -DA -P (Mixed Use with Development Agreement and Planned Unit Develop-
ment) classification under the zoning ordinance of the City of Eagle; and
accordanRce�withthethe Eagncil of the le Comprehensive aglanhas anderel ant Cityermined Codes athe zone ndathatxthe
rezoning from MU -DA -P (Mixed Use with DevelopmentPP�l
Develop-
ment) classification to MU -DA (Mixed Use with Development Agreement) Planned Unit
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 MU -DA -P (Mixed Use with Develop-
ment Agreement and Planned Unit Development) zoning classification and be included in the
MU -DA (Mixed Use with DevelopmentAgreement) 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
MU -DA -P (Maxed Use with Development Agreement and -Planned Unit Development) classifica-
tion and is hereby included in the MU -DA iced Use with Development Agreement) classifica-
tion.
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 21st day of May, 2002.
CITY OF EAGLE
ADA COUNTY, IDAHO
Rick Yzaguirre, Mayor
ATTEST: Sharon K. Moore,
City Clerk/Treasurer
EXHIBIT A
DESCRIPTION FOR
HOLY APOSTLE CATHOLIC CHURCH
HOUSE PARCEL
April 13, 2001
A parcel of land lying in the SW 1/4 of the NW 1/4 of Section 9, Township 4 North, Range
1 East, Boise Meridian, Eagle, Ada County, Idaho, more particularly described as follows;
Commencing at the SW comerof theSW 1/4 of the NW (the W 1/4 comer) of Section 9,
T.4N, R.1E, B.M., Thence N89°00'44' E 30.00 feet along the Southlineof the SW 1/4 of the
NW 1/4 of sai dsection toa pointon theeasterly rigiht-of-way of Eagle Road, Thence N 00°
00' 00' E 346.82 feet along said esater►liy �ri�ght-of-way, parallel to the west line of the SW
1/4 of the NW 1/4 of said section to the REAL POINTOF BEGINNING of this description;
Thence continuing N 00° 00' 00' E 70.00 feet to a point
Thence N 89°10 37' E 145.00 feet along the south lineof Eagle Ranch Subdivison No. 1
to a point;
Thence S 00^ 00' 00° W 70.00 feet to a oint
Thence S 89° 10' 37' W 145.00 feet to the REAL POINTOF BEGINNING of this
description.
Said parcel contains 0.23 acres (10,149 Sq. Ft.) moreor less
Michael E. Marks, PLS
No. 4998
Pub. May 29, 2002 13575