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Ordinance - 1998 - 336 - Change Zoning Cbd-Da - 11/10/1998
ORDINANCE NO. 336 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) CLASSIFICATION TO CBD -DA (CENTRAL BUSINESS DISTRICT WITH DEVELOPMENT AGREEMENT); 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 A (Agricultural) 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 (Agricultural) classification to CBD -DA (Central Business District with Development Agreement) 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 Section 2 below be removed from the A (Agricultural) zoning classification and included in the CBD -DA (Central Business District with Development Agreement) classification 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 description Exhibits "B" by EHM Engineering, Inc dated June 18, 1998, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A (Agricultural) classification and the real property described in Exhibit "B" is hereby included in the CBD -DA (Central Business District 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. Page 1 of 2 \\Eagle]\voll\SHAREO\COUNCIL.\Ordinances\Ordinance 336.doc 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 10th day of November, 1998. CITY OF EAGLE ADA COUNTY, IDAHO Rick Yzag Mayor ATTEST: Sharon K. Smith, City Clerk/Treasurer 40°1 SOF Ems►+ " 4, a w _ • *far p ®. � O a • b r� Y ♦ CO 4,134. aoyr %.���s Y 4 a*1041]111)140 . Page 2 of 2 \\Eagle] \voll\SHARED\COUNCIL\Ordinances\Ordinance 336.doc Lirt611** '-'~^ ��=^�.~-' ° '~~�=~ il '� CAPE einir el SW _ \ N* . . \ �\`/ . � *0211--~ fi vY��.\�- /� �� t�r"`~ cos TIVI VA OP, IVO [STY OP eiba-le ADA COLIWY , 0/4)4D \ \ efilk- _•••.• •••�� 0� 1 � xzzw�� "~.' \ - -_-WOO WI�--_~ \ �-tort,--- DONTIO ZONE PAPICULIVAL coma vor„irry MOP ---------------------------------- UM AIMS= 10911�-_'__--_--___-_-_ __________________________________ 0 .11 et IN -o.— ������^�� A, po j f:l rti' tt ing' ontize Northerly side of the centCriine of the E. a Alternate~ Route toa $u 1iey Pro' at; No. STP -F-3271 '1(Q33) mss stidwn` on the pi �i thereof snow or►, flie`-the",-OffiGe:of the Id' a Transportation ,Department, and; being a='ports n'• f. the`,Ncdrthwest,-Quarter Qf the North" t 'Quarter. of, Section 16, TownShipf:4 NorU . • f `1, tost; Bosse ' Merjdion, describedieas follows, ,to wEt: , MENc1NO, at''the 44orihwesf comer of -Section 16, Township 4 North, mange 1 'East, mise #,4erieidn;' thenOe , { • ::South .89 2'48* East-,-Hongg.. th.e, North 1ne' of tic! Section. 16, a distance,: of 65.01 feet; thence '. South 00'38' 5!' West ;a 'distance, of #15.,00 feed°' :thence ' • :South 00'3$;25; The Valley News, P.O. Box 299, Meridian, Idaho 83680 Affidavit of PublicaLi‘in STATE OF IDAHO COUNTY OF ADA } SS. ORDINANCE NO. 336 TITLE OF PUBLICATION CITY OF EAGLE PLAINTIFF OR LEGAL AGENT Tim Prates , being duly sworn, deposes and says: That I am the Publisher of THE VALLEY NEWS, a weekly newspaper published in Meridian, in the County of Ada and State of Idaho; that said newspaper has been and is in general circulation in the county aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which is attached hereto, was published in said newspaper once a week for 1 consecutive weeks in the regular and entire issue of said paper during the period and time of publication, and was published in the newspaper proper and not a supplement; that said paper has been established and regularly published for more than seventy-eight consecutive weeks prior to the date of first publication of said advertisement. Such notice was published in the issue beginning with November 25 19 98 19 98 and ending with the issue of November 25 X STATE OF IDAHO COUNTY OF ADA On this 4 day of DECEMBER in the year of 1998 before me, a Notary Public, personally appeared Tim Frates , 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 statements therein are true, and ack ' AA,, that he/she executed the same. :•4011 = Residing at :• V s ys,, i` o F A, :mission expires Notary Public for Idaho STATEMENT Valley News Meridian, Idaho Number of Lines 77 Lines Number of Insertions 1 77 Lines @ $1.50 $ 11 F 5f1 Lines @ $1.25 $ TOTAL COST WILL BE $ 115.50 Copy of Notice (First Copy) ORDINANCE NO. 336 An Ordinance (,Hanging the Zoning Classification of the real property described herein from a (Agricultural) Classification to CBD -DA (Central Business District with Development Algreement); Amending the Zoning map o the City of Eagle to reflect such change; and providing an effective date. Whereas, the real property particular- ly described in Section 2 hereinafter is presently included in the A (Agricultural) 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 (Agricultural) classification to CBD -DA (Central Business District with Development Agreement) 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'Eouncil 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 res- idents and property therein that the real property particularly described in Section 2 below be removed from the A (Agricultural) zoning classification and included in the CBD -DA (Central Business District with Development Agreement) classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finks and determines that said zone change is in accordance with the Eagle Comprehensive Plan and relevant City Codes. Section 2: The described real proper- ty generally as shown on Exhibit "A" and located as specifically described in the attached legal description Exhibits "B" by EHM Engineering, Inc. dated June 18, 1998, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A (Agricultural) clas- sification and the real property described in Exhibit "B" is hereby included in the CBD -DA (Central Business District with Development Agreement) classifi- cation. 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 ordinancb&BhMII take effect and be in force from and 'Hier its • passage, approval, and one (1) publica- tion of this ordinance in the official newspaper of the City. EXHIBIT "B" LEGAL DESCRIPTION rr A parcel of land being on the Northerly side of the centerline of the Eagle Alternate Route Survey, Project No. STP -F-3271 (033) as shown on the NO. L-381 E The Valley News, P.O. Box 299, Meridian, Idaho 83680 Affidavit of PublicaL Sn STATE OF IDAHO COUNTY OF ADA Tim Frates deposes and says: That I am the Publisher of THE VALLEY NEWS, a • weekly newspaper published in Meridian, in the County of Ada and State of Idaho; that said newspaper has been and is in general circulation in the county aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of whic is attached hereto, was published in said newspaper once a week for 1 consecutive weeks in the regular and entire issue of said paper during the period and time of publication, and was published in the newspaper proper and not a supplement; that said paper has been established and regularly published fr3 more than seventy-eight consecutive weeks prior to the date of first publication said advertisement. } ss. ORDINANCE NO. 336/MAP TITLE OF PUBLICATION CITY OF EAGLE PLAINTIFF OR LEGAL AGENT . being duly sworn, B Such notice was published in the issue beginning with November 25 19 98 19 98 X and ending with the ssue of November 25 .1 c STATE OF IDAHO ) ) COUNTY OF ADA ) ) On this 4 day of DECEMBER in the year of 1998 before me, a Notary Public, personally appeared Tim Frates . known or identified to me to be the person whose name subscribed to the within instrument, and being by mmgokr est duly sworn, declared that the statements therein are true, and acklgOp that he/she executed the - ..—.4 ())kA)ALAkiy) % ? = 2 �_"% Notary Public for Idaho - ..... s� 6 (All.'©� SCJ 0 Residing at �(�uv �i� 36( '; c 0 F m)•, mission expires /24 D Y' Copy of Notice (First Copy) ORDINANCE NO. 336 Exhibit A EAfi E PI LOC10,110 NAR PAV V4 a. • AGA MORN STATEMENT Valley News Meridian, Idaho Number of Lines 10 Lines Number of Insertions 1 10 Lines @ $1.50 $ 15 nn Lines @ $1.25 $ TOTAL COST WILL BE $ 15.00 NO. L-381 E/MAP