Ordinance - 2016 - 759 - Change Zoning Classification - 10/25/2016ORDINANCE NO. 759
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM MU (MIXED USE) CLASSIFICATION TO MU -
DA (MIXED USE WITH A DEVELOPMENT AGREEMENT); 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 owner of the real property situated within the City of Eagle and particularly
described in Exhibit "A" of this ordinance has requested, in writing, a rezone from MU to MU -
DA; and
WHEREAS, the properties described in Exhibit "A" is located at 1451 South Ancona Avenue
and 2401 East State Street; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on September 21, 2015, as required by Section 67-6509,
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 October 5, 2015, on the proposed zoning for the real property described in Exhibit
"A" as required by Section 67-6509, Idaho Code, made findings and determined that the
requested zoning classification of MU -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 is hereby 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 the real property particularly
described in Exhibit "A" be removed from the MU (Mixed Use) zoning classification and
included in the MU -DA (Mixed Use with development agreement) zoning 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
KACOUNCIUOrdinances0rd 759 Eagle Lakes Subdivision.doc
Section 2: The described real property generally as shown on Exhibit "B" and located as
specifically described in the attached legal description Exhibit "A" all situated in the City of
Eagle, Ada County, Idaho, is hereby removed from the MU (Mixed Use) zoning classification
and the real property described in Exhibit "A" is hereby included in the MU -DA (Mixed Use
with a development agreement) zoning 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 25`h day of October 2016.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho t
Stan Ridgeway, Mayor
ATTEST:
haron . Bergmann, Eagle City Itlerk
11,
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Page 2 of 2
K ••COUNCIUOrdinancesWrd 759 Eagle Lakes Subdivision doc
Project No: 140189
Date: May 14, 2015
Page: 1 of 3
7 0 ENGINEERS
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 837142008
208-323-2288 a FAX 208-323-2399
EXHIBIT "A"
Eagle Lakes Land Description
RECEIVED & FILED
CITY OF EAGLE
JUN 12 205
File:
Route to:
A parcel of land, located in the El/2 of the S W 1 A and the SEI/4 of the NW 1 A of Section 15,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more
Particularly described as follows:
BEGINNING at the southwest comer of said SE1/4 of the NW /4, from which the southeast
corner of said SE1/4 of the NW1A (Center quarter corner) bears, 5.89043128"E., 1321.79
feet; thence along the west boundary of said SEI/4 of the NWl/4,
1) N.00-3 1'29"E., 599.00 feet to the southerly right-of-way of State Highway 44; thence,
along said right-of-way the following courses:
2) S.71 °37'20"E., 164.42 feet to the beginning of a tangent curve; thence,
3) Southeasterly along said curve to the left, having a radius of 3899.72 feet, an arc
length of 422.39 feet, through a central angle of 06012'21 ", of which the long chord
bears S.74043'40"E., 422.18 feet; thence, tangent from said curve,
4) S.77°49'51 "E., 562.23 feet to the beginning of a tangent curve; thence,
5) Southeasterly along said curve to the right, having a radius of 3740.00 feet, an arc
length of 212.45 feet, through a central angle of 03 015'17" of which the long chord
bears S.76° 12'13 "E., 212.42 feet to the east boundary of said SE 1/4 of the NW 1 A;
thence, leaving said right-of-way, along said boundary and the east boundary of said
El/2 of the SWI/4, non -tangent from said curve,
6) S.00°36'35"W., 2466.94 feet to the Ordinary High Water Line as shown on ROS
7839, Instrument No. 107036418, Records of Ada County, Idaho; thence along said
line the following courses:
7) S.81 ° 16'23 "W., 474.85 feet; thence,
H:\140189-BollSurvey\WprileslDescriptions\Certofn,„nP_ —1;_
Project No: 140189
Date: May 14, 2015
Page: 2 of 3
8) N.66°43'55"W., 277.27 feet; thence,
9) N.44°41'26"W., 478.18 feet; thence,
10) N.50°33'43"W., 173.36 feet; thence,
I I)N.24°30'58"W., 93.24 feet; thence,
RECEIVED & FILE6-
CITY OF EAGLE
JUN 12 2015
File:
Route to:
12) N.47°21'31 "W., 114.89 feet to the west boundary of said E1/2 of the SWI/4; thence,
leaving said Ordinary high Water Line, along said boundary,
13) N.00042'1 2"E., 1549.93 feet to the POINT OF BEGINNING.
CONTAINING: 75.46 acres, more or less.
SUBJECT TO: all Covenants, Rights and Easements of Record.
EXCEPTING THE FOLLOWING DESCRIBED PARCEL
Eagle Water Company's Well House No. 7 per Corporate Warranty Deed Instrument No.
110033057, Records of Ada County, Idaho, located in the NEI/4 of the SWIA of Section 15,
Township 4 North, Range I East, Boise Meridian, City of Eagle, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the Center quarter corner of said Section 15; thence along the east boundary
of said NEIA of the SWI/4,
A) 5.00036'35"W., 1053.67 feet to the POINT OF BEGINNING; thence continuing,
1) S.00036'35"W., 100.00 feet; thence, leaving said boundary,
2) N.89023'25"W., 100.00 feet; thence,
3) N.00036'35"E., 100.00 feet; thence,
4) S.89023'25"E., 100.00 feet to the POINT OF BEGINNING.
CONTAINING: 0.23 acres, more or less.
SUBJECT TO: all Covenants, Rights and Easements of Record.
H:\140189-BOASu-ey\Wpfiles\Descriptions\Cert of Owners tnrelimAncy
Project No: 140189
Date: May 14, 2015
Page: 3 of 3
RECEIVED IF&VED LE
CITY OF EAGLE
JUN 12 2015
File:
Route to.
ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCEL
Eagle Water Company's Well House No. 8 per Corporate Warranty Deed Instrument No.
110033057, Records of Ada County, Idaho, located in the NEI/4 of the SWI/4 of Section 15,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the Center west one sixteenth corner of said Section 15; thence along the
west boundary of said NE 1/4 of the SW 1/4,
B) S.00042' 12"W., 236.60 feet; thence,
C) 8.89017'48"E., 35.00 feet to the POINT OF BEGINNING; thence, continuing,
5) S.89° 17'48"E., 100.00 feet; thence,
6) S.00°42' 12"W., 100.00 feet; thence,
7) N.89 -17'48"W.,100.00 feet; thence,
8) N.00-42'1 2"E., 100.00 feet to the POINT OF BEGINNING.
CONTAINING: 0.23 acres, more or less.
SUBJECT TO: all Covenants, Rights and Easements of Record.
H:\140189-BOIlSurvey\WpfilesMescriptions\Cert ofO,,mers_prelim.docx
EXHIBIT "B"
VICINITY MAP
SCALE: 1 " = 1000'
T -O ENGINEERS
332 N. BROADMORE WAY
NAMPA, IDAHO 83687-5123
PHONE: (208) 442-6300 FAX: (208) 466-0944
E -FILE 140189 -Vicinity Map.dwg DA—E: JUNE 2015 JOB 140189
`A�WVED & FILED
CITY OF EAGLE
NOV 15 2015
Valley Times File:
PO Box 166, Star, Idaho 83669 Route to:
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: Identification: rd .1 S9
Address: Ca,40 - _Run dates: k lk (�
Number Lines a ct I Amount g , " L_
Attention: Other
ORDINANCE NO. 759
AN ORDINANCE CHANGING 7111. ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM MU (MIXED USE) CLASSIFICA11ON TO MU.
DA (MIXED USE WITH A DEVELOPMENT AGREEMENT); AMENDING'fNE 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 65,1 ifle 67, Idaho Code, the City of Eagle has the authority to
adoptestablish and amend a !.ening Ordinance; and
WIffiWAS, the owner of the real property situated within the City of Eagle and particularly
desaibe8 in Exhibit "A" of this ordinance has requested, in writing, a mane from MU to MU -
DA; and
WHEREAS, the properties described in Exhibit "A" is located at 1451 South Amon Avenue
and 2441 East Sone Street; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public nonce as
required by law, held a public hearing on September 21, 2015, as required by Section 67.6509,
Idaho Cude, 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
bearingron October 5, 2015, on the proposed zoning for the real property described in Exhibit
"A" a4 required by Section 67.6509, Idaho Code, made findings and determined that the
requested zoning classification of MU DA for the property described in Exhibit "A" is
wmpAate to mean the requimments of Idaho Code, Eagle City Code and the Eagle
Comprehensive Plan and is hereby granted.
NOW ITIEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section I: The City Council hereby finds and determines [bat the real property particularly
described in Exhibit "A" be removed from the MU (Mixed Use) zonmg classification and
included in dig MU -DA {Mixed Use with development agreement) zoning classification pursuant
to the Zoning Ordinance of the City of Eagle. Rt City Council further finds aim detemrines that
said zone change is in accordance with the Eagle Comprehensive Plan and rclevant City Codes.
Page I of 2
KAVM*ft.dW'P&*Lj.
TO ENGINEERS I
Melissa Upton, being duly sworn, deposes
and says: That she is the Principal Clerk of
Valley Times, a weekly newspaper published at
Star, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks prior to the first
plication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
Idaho Codes, as amended, for ! time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning kogr 2��altit�
Ending
STATE OF IDAHO)
)SS
/ COUNTY OF ADA)
In this ! 2 day of Nd � in the year of 2016
before me, a Notary Public, personally appeared
i Upton, known or identified to me to be the person
�rhose name is subscribed to the within instrument,
:and being by me first duly sworn, declared that the
nents herein are true, and acknowledged to me that
she executed the same.
Notary Public for Idaho
/ Resid'ng at Star, ID
t1r:�a i—n—u commission expires: �'121�2p Z�Y
C"OFEME �—
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