Ordinance - 2005 - 509 - Senora Annex/Rezone/Not Published - 04/13/2005ORDINANCE NO. 509
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO;
ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY
DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGES; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED
AS PROVIDED BY LAW; 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 is authorized to annex to and incorporate within the boundaries
of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and
WHEREAS, the owners of the real property situated in the unincorporated area of Ada County
and particularly described in Exhibit "A" of this ordinance have requested, in writing, annexation
of said real property to the City of Eagle; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "A" of this ordinance have requested, in writing, a rezone from R4 to R -3 -
DA; and
WHEREAS, the owners of the real property situated in the unincorporated area of Ada County
and particularly described in Exhibit "B" of this ordinance have requested, in writing, annexation
of said real property to the City of Eagle; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "B" of this ordinance have requested, in writing, a rezone from R4 to PS -
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on August 2, 2004, as required by Section 67-6525, 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 January 25, 2005, on the proposed annexation and zoning for the real property
described in Exhibit "A" as required by Section 67-6525, Idaho Code, made findings and
determined that the requested annexation should be granted and that a zoning classification of R -
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3 -DA 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 should be granted; and that a
zoning classification of PS -DA for the property described in Exhibit "B" is appropriate to meet
the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should
be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: The Eagle City Council hereby finds and declares that the real property particularly
described in Exhibit "A" and in Exhibit "B", and as depicted on Exhibit "C", attached hereto and
incorporated herein by reference, are contiguous to the City, that said property can be reasonably
assumed to be used for the orderly development of the City, and that the owner of said properties
have requested, in writing, annexation thereof to the City.
Section 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the
City, particularly described in Exhibit "A" and in Exhibit "B", and as depicted on Exhibit "C",
attached hereto and incorporated herein by reference, are hereby annexed to the incorporated
territorial limits of the City of Eagle, Idaho.
Section 3: 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 by
reference, is hereby removed from the R4 (Residential -Ada County Designation) District
classification and is hereby included in the Residential Three (Residential - up to three units per
acre) District Classification R -3 -DA, and that the real property particularly described in Exhibit
"B" attached hereto and incorporated by reference, is hereby removed from the R4 (Residential -
Ada County Designation) District classification and is hereby included in the Public/Semi-Public
District Classification PS -DA, all pursuant to the Zoning Ordinance of the City of Eagle. The
City Council further finds and determines that said zone changes are in accordance with the
Eagle Comprehensive Plan and relevant City Codes and that the Zoning Map of the City is
hereby amended to include the real property described in Exhibit "A" in the R -3 -DA zoning
district and the real property described in Exhibit "B" in the PS zoning district.
Section 4: From and after the effective date of this Ordinance, all property and persons within
the boundaries and territory described above shall be subject to all ordinances, resolutions, police
regulations, taxation, and other powers of the City of Eagle.
Section 5: The City Clerk is hereby directed to file, within ten (10) days of passage and approval
of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer,
and Assessor of Ada County, Idaho, and with the Idaho State Tax commission, Boise, Idaho, as
required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-2215,
Idaho Code, with regard to the preparation and filing of a map and legal description of the real
property annexed by this Ordinance.
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Section 6: This Ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED this 22nd day of March 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
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C. Me 1, Mayor
ATTEST:
Sharon K. Bergmann Eagle Cit Clerk
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STATE OF IDAHO )
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County of Ada )
On this ; day of V- , in the year&125-
. before me, the undersigned, a
Notary Public in and for said State, personally appeared Namal !IV (-61 I and
, known to me to be the MAYOR and CITY CLERK of said municipal
corporation th executed this instrument and the persons who executed the said instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
In witness whereof, I have here ;�,., h. •nd affixed my official seal the day and year
first written.
1,r
, Notary Of
Residing a (2.41a,
My Commission Expires: i vzQdg
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