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Ordinance - 2001 - 389 - Change Zoning Senior Creek - 03/13/2001ORIGINAL ORDINANCE NO. 389 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL, FOUR UNITS PER ACRE) CLASSIFICATION TO MU -DA (MIXED USE WITH DEVELOMENT AGREEMENT) CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the real property particularly described in Section 2 hereinafter is presently included in the R-4 (Residential, four units per acre) 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 R-4 (Residential, four units per acre) classification to MU -DA (Mixed use with Development Agreement) classifications are 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 Section 2 below be removed from the R-4 (Residential, four units per acre) zoning classification and included in the MU -DA classifications all 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 "A" and located as specifically described in the attached legal descriptions (Exhibit "B") by Arrow Engineering and Surveying date stamped October 12, 2000, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R-4 (Residential, four units per acre) classification and the real property described in Exhibit "B" is hereby included in the MU -DA 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. Page 1 of 2 K \COUNCIL \Draft Ordinances\Ord 389 draft.doc DATED this 13th day of March, 2001. CITY OF EAGLE ADA COUNTY, IDAHO Rick Yzagui Mayor ATTEST: ,44511190 r Ol Fe.4%N. :� pe dr 1,10 II Ikk Sharon Moore, City Clerk/Treasurer h 01 gz,7 Page 2 of 2 K:\COUNCIUDraft Ordinances\Ord 389 draft.doc C xI4L r r -r- "A" 111120 01AT 1 Mu -Da 1 6.00 MIES L'NFiAtt J: 1 MIAs 'Damns REZONE FOR SPRING CREEK III DEVELOPMENZ LOCI'® Dt TM f0ETAer 1/4 all swrioa1 a T. 4 N.. . 1 l.B.X ADA CODNIT. IDAso 2000 GB&PDIC SCALD {NM) ias.• s RECEIVED & FILED CITY OF EAGLE OCT 1 2 2000 Filo: Routs to: MR.IN11.11.111 .r. 11/6-- .111/08.MM r._M �ffi,eiT "13 ' ` ARR*W GPS, BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTION STAKING Engineering & Surveying 222 E. State Street > Suite B > Eagle, Idaho 83616 > office: 1-208-939-7373 > fax: 1-208-939-7321 Job No. 00839 5-17-00 D.R.L. LEGAL DESCRIPTION FOR SPRING CREEK III DEVELOPMENT REZONE A portion of the Northeast 1/4 of Section 8, Township 4 North, Range 1 East of the Boise Meridian described as follows: Commencing at the Northeast corner of Section 8, Township 4 North, Range 1 East of the Boise Meridian and running thence S 1°03'32" W 1105.69 feet along the East line of said section to the POINT OF BEGINNING; thence S 1°03'32" W 528.00 feet along said East line; thence N 89°17'34" W 412.50 feet; thence N 1°03'32" E 528.00 feet; thence S 89°1734" E 412.50 feet to the point of beginning. The above described parcel contains 5.00 acres. RECEIVED & FILED CITY OF EAGLE OCT 1 2 2000 File: Routs to: 1 Account # The Idaho Statesman RECEIVED & FILED CITY OF EAGLE APR 0 4 2001 P.O. Box 40, Boise, Idaho 83707-004 Filw LEGAL ADVERTISING PROOF OF PUBLI�AIION DTI# Identification 116026 425564 ORDINANCE 389 Ordered by: TRACY OSBORN CITY OF EAGLE 310 E. STATE ST. EAGLE, ID 83616 P.O. # Rate NT Run Dates Amount: $255.70 April 2, 2001 Number of Lines 95 X 3 Affidavit 1Legal # 1 10005 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 single consecutive daily odd skip insertion(s) beginning with the issue of: APRIL 2 , 2001 and ending with the issue of: APRIL 2 , 2001 STATE OF IDAHO )ss COUNTY OF ADA On this 2 day of APRIL in the year of 2001 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 sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the,ame. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: '73eA4 X /___ ,-i/iii { LEGAL NOTICE ORDINANCE NO. 389 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R4 (RESI- DENTIAL, AMENDINRG TIIE ZNITS ONIRG ACRE)MAPCLASSIFICATION OSS TME CITY OF EO AGLE TOMIXED REFLECT SAID CHANGE;AND PROVIIDING�C EFFECTIVE DATE. WHEREAS, the real property particularly described in Section 2 hereinafter is presently included in the R-4 (Residential, four units per acre) class)fication 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 R4 (Residential, four units per acre) classification to MU -DA (Mixed use with Development Agreement) class)fications are granted. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: Section 1: Thc 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 residcuts and property therein that thc real property particularly described in Section 2 below be removed from the R-4 (Residential, four units per acre) zoning classification and included in the MU -DA classifications all 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 "A" and located as specifically described in the attached legal descriptions (Exhibit "B") by Arrow Engineering and Surveying date stamped October 12, 2000, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R4 (Residential, four units per acre) class)fication and the real property described in Exhibit "B" is hereby included in the MU -DA class)fication. Section 3: The official Zoning Map of the Crty of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. 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 13th day of March. 2001. CITY OF EAGLE ADA COUNTY, IDAHO Rick Yzaguirre, Mayor Sharon Moore, City Clerk/Treasurer LEGAL DESCRIPTION FOR SPRING CREEK 888 DEVELOPMENT REZONE A portion of the Northeast 1/4 of Section 8, Township 4 North, Range 1 East of the Boise Meridian described as follows: Commencing at the Northeast corner of Section 8, township 4 North, Range 1 East of the Boise Meridian and running thence S 1'03'32' W 528.00 feet along said East line; thence N 89-17'34' W 412.50 feet; thence N 1 03 E 528.00 feet; thence S 89°1734' E 412.50 feet to the point of beginning. Theabove described parcel contains 5.00 acres. r MU- DA EXHIBIT "A" ant mum REZONE FOR SPRING CREEK DI DEVELOPMENT LAC A 21011181111 1/4 lt1 WI= &L4 L.L 1sa.It. Ina GOA. MED 2000 G W/M CCYa • IsTt 6. RECEIVED & FILED CITY OF EAGLE OCT 1 2 2000 Routs to. Pub. Apr. 2, 2001 10005 r'f