Ordinance - 1998 - 331 - Rezone Zamzow's - 08/25/1998ORIGINAL
ORDINANCE NO. 331
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
CBD (CENTRAL BUSINESS DISTRICT); 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) 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) classification to CBD (Central Business District) 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 R-4 (Residential)
zoning classification and included in the CBD (Central Business District) 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 specifically
described in the attached legal description (Exhibits "B") by Glenn K. Bennett, PLS dated April
5, 1996, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R-4
(Residential) classification and is included in the CBD (Central Business District) 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
AEagle11vol1\SHARED+COUNCIL'+Ordinances Ordinance 331 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 25th day of August, 1998.
CITY OF EAGLE
ADA COUNTY, IDAHO
Rick Yzagui
Mayor
ATTEST:
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ty
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Shar Smith, A a cps` `a n s
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City Clerk/Treasurer • 2
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VICINITY MAP
& FILED 1
r"----------RECEIVEDIEAGLE.
NO 18 1998 1t'
Route to:
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064161
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EXth5 IT"6
BOUNDARY DESCRIPTION
FOR
DAVID C. MALLORY
PARCEL 1
RECEIVED & FILED
CITY OF EAGLE
MO 1 4 1998
File:
Pouts to:
A parcel located in the SE 1/4 of the SE 1/4 of Section 8 and the NE 1
Section 17, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a brass cap monument marking the southeasterly corner of the SE 1/4 of said
Section 8, from which a brass cap marking the northeasterly corner of said SE 1/4 of said
Section 8 bears N 1°03'19" E a distance of 2636.64 feet;
thence N 89°32'18" W along the southerly boundary of said SE 1/4 a distance of 70.05 feet to
a point on the easterly right-of-way of State Highway 55 (Eagle Road) as shown on the plans
on file in the office of the Idaho Transportation Department as Project No. F-3271(033)
Highway Survey and being the POINT OF BEGINNING;
thence leaving said southerly boundary N 8°50' 15" E along said easterly right-of-way a
distance of 85.73 feet to a 5/8 inch diameter iron pin;
thence leaving said easterly right-of-way S 64°42'08" W a distance of 483.40 feet to a 5/8
inch diameter iron pin;
thence S 88°15'14" W a distance of 127.22 feet to a 5/8 inch diameter iron pin;
thence S 22°34'02" W a distance of 28.28 feet to a 5/8 inch diameter iron pin;
thence S 33°38'05" W a distance of 43.84 feet to a 5/8 inch diameter iron pin on the northerly
right-of-way State Highway 44 (Eagle Alternate Route) as shown on said plans of Project No.
F-3271(033) Highway Survey;
thence along said northerly right-of-way the following described courses:
thence a distance of 165.21 feet along the arc of a 1829.86 foot radius curve left, said
curve having a cent -al angle of 5°10'22" and a long chord bearing S 79°03'51" E a
distance of 165.15 feet to a 5/8 inch diameter iron pin;
thence S 81°39'02" E a distance of 344.63 feet to a 5/8 inch diameter iron pin;
thence N 50°44'28" E a distance of 102.96 feet to a 5/8 inch diameter iron pin on the
easterly right-of-way of said State Highway 55;
thence N 0°55'47" E a distance of 204.59 feet to the POINT OF BEGINNING.
. Boundary Description
Page 2
This parcel contains 2.43 acres and is subject to any easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
April 5, 1996
The Valley News, P.O. Box 299, Meridian, Idaho 83680
Affidavit of Public tion
STATE OF IDAHO
COUNTY OF ADA
Tim Frates
deposes and says:
That I am the
}
ss.
ORDINANCE NO. 33
TITLE OF PUBLICATION
City Of Eagle
PLAINTIFF OR LEGAL AGENT
Publisher
, being duly sworn,
of VALLEY NEWS, a twice
weekly newspaper published at 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 September 2
19 98 and ending with the issue of September 2
19 98
X .114
STATE OF IDAHO
COUNTY OF ADA
On this 9 day of October 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
acknowledged to me that he/she executed th
"c \ owF,`
Q... ......... .. ...qui
! o- :;
•
.-4.— : Residing at
" fi', 0�/B N�= �
ssion expires
51,
11/01/0011.11 1
�•
G'l rf
Notary Public for Idaho
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 50 Lines
Number of Insertions 1
50 Lines @ $1.50
414424
G '
z.,/
$ MO0
Lines @ $1.25 $
TOTAL COST
WILL BE $
6_o0
Copy of Notice
(First Copy)
CITY OF EAGLE
ORDINANCE NO. 331
AN ORDINANCE CHANGING THE
ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HERE-
IN FROM R-4 (RESIDENTIAL)4CL.AS—
SIFICATION TO CBD (CEN1MBUSI-
NESS DISTRICT); AMEND THE
ZONING MAP OF THE CITY OF
EAGLE TO REFLECT SAID CHANGE;
AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the real property particu-
larly described in Section 2 hereinafter is
presently included in the R-4 (Residential)
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) classification to CBD (Cen-
tral Business District) 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
fords and determines that it is in the best
interests of the public health, safety, and
welfare of the City of Eagle and the resi-
dents and property therein that the real
property particularly described in Section 2
below be removed from the R-4 (Residen-
tial) zoning classification and included in
the CBD (Central Business District) classi-
fication all pursuant to the Zoning Ordi-
nance of the City of Eagle. The City Coun-
cil 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 prop-
erty generally as shown on Exhibit "A"
and specifically described in the attached
legal description (Exhibits "B") by Glenn
K. Bennett, PLS dated April 5, 1996, all
situated in the City of Eagle, Ada County,
1_ Idaho, is hereby removed from the R-4
I (Residential) classification and is included
in the CBD (Central Business District)
classification.
_SFCTTniy • 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 25th day of August, 1998.
CITY OF EAGLE, ADA COUNTY,
IDAHO
/s/Rick Yzaguirre, Mayor
ATTEST: /s/ Sharon K. Smith. City
Clerk/Treasurer
*************
EXHIBIT "B"
BOUNDARY DF_RC1 !WI tnm
The Valley News, P.O. Box 299, Meridian, Idaho
Affidavit of Publication
STATE OF IDAHO
} ss.
COUNTY OF ADA
ORDINANCE NO. 331/MAP
TITLE OF PUBLICATION
City Of Eagle
PLAINTIFF OR LEGAL AGEI`
Tim Frates
deposes and says:
That I am the Publisher of VE
weekly newspaper published at Meridian, in the County
Idaho; that said newspaper has been and is in general cir,
aforesaid, and in the vicinity of Meridian; that the adver
is attached hereto, was published in said newspaper ona
consecutive weeks in the regular and entire issue c
period and time of publication, and was published in the
not a supplement; that said paper has been established al
more than seventy-eight consecutive weeks prior to the <
said advertisement.
83680
upyofNu
Cc (First Cope
Such notice was published in the issue beginning with_
19 98 and ending with the issue of Septemb
19 98
X
STATE OF IDAHO
COUNTY OF ADA
On this 9 day of
Public, personally appeared
October in the year of 199E
Tim Frates
1( '6
'.\
INAJ
to me to be the person whose name subscribed to the will-
being
ithbeing by me first duly sworn, declared that the statement,
ack �.. , �.. that he/she exec e
' A 0 ; O I Residing at
the s
mission expires
1! �.
Notary Public or Idaho
LI VI"
ai,x44 1-0
16/7_7,/e
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 16 Lines
Number of Insertions
16 Lines @ $1.50 $
Lines @ $1.25 $
TOTAL COST
WILL BE $
1
94 00
2'Y.00
NO. L-353 E