Loading...
Ordinance - 2022 - 875 - Terra View Tv44 Annexation & Rezone - 05/24/2022 ADA COUNTY RECORDER Phil McGrane 2022-051327 BOISEIDAHO Pgs=5 ANGIE STEELE 05/31/2022 09:25 AM CITY OF EAGLE, IDAHO NO FEE ORDINANCE NO. 875 AN ORDINANCE ANNEXING CER."I'AFIN REAL. PROPERTY SITUATED IN THE [.)JNl` C0RPORATE.D AREA OF AAA COUNTY, IDAHO, AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY' OF E.AGLE, TO THE CITY OF E.AGILF, IDAHO; CHANGING THE ZON1­N' (-.y CLASSIFICATIONT-11 OF SAIDREAL PROPERTY DESCRIBED 1-11 REN FROM R.UIT (RUR-,'kL-URBA- N TRANSITION) TO M[J-DA (MIXED USE W1,111 A DEVELOPMENT AGREEMENT); AME'NINNG THE. ZONING MAP OF THE CITY OF EAGLE TO R]-l-"LL-C"1' SAID CHANGE; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDENG A SEVERABILITY CLAUSE; ANTI) PROVIDINK31 AN EFFECTIVE 13ATI-11 WHEREIAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho and is authorised to annex to and incorporate within the boundaries of City contiguous real property in the manner provided by Section '50-222, Idaho Code; and WHEREAS, TV44, LLC, the owners of the real property situated in the unincorporated area of Ada County and particularly described in Exhibit "A" of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHERE,AS, the owners of the real property situated within the City of Eagle and particularly described in Exhibit "A" of this ordinance has requested, inAq-iting, a rezone frorn RLTT to MLj- DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel num�cr Parcel #S0333142322, and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held. a public hearing on November 15, 2021, 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, 2022, 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 Ian IJ-DA for the property described in Exhibit "A." is appropriate to meet the requirerylents of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted, Page I m 3 K\C00','C11:A3r7ft OrdinancesKiRD 875 TV44(Terra View3 A RZ,0M ORDINANCE NO, 875 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY,, IDAH , AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAH , CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL-URBAN TRANSITION) TO MU-DA (MIXED USE WITH A. DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED ED BY LAW; PROVIDING IDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho 1S a municipal corporation organized and operating under the laws of the State of Idaho and 1s authorized to annex to and 'incorporate Within the boundaries of the City contiguous real property in the manner provided by Section 5 -222, Idaho Code, and WHEREAS, TV44, LLC, the owners of the real property situated in the unincorporated area of Ada County and particularly described in Exhibit"A" of this ordinancehas 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 ance has requested, in writing,, a rezone from RUT to MU- DA; and WHEREAS, the property described in Exhibit «A"' is identified by the Ada County Assessor's Office as tax parcel number Parcel #S 333I42322; and WHEREAS, the Panning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on November 15, 2021, as required by Section. 7--6525, Idaho Code, and made a recommendation datio to the Mayer and Council; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing ng on January nary 25, 2022, on the proposed annexation and zoning for the real property described in Exhibit "A" as required by Section 7-6525, Idaho Cede, made findings and determined that the requested annexation should be grated and that a zoning classification. of MU- A for the property described in Exhibit "A" is appropriate to meet the requirements of Idaho Cade, Eagle City Code and the Eagle Comprehensive Pan and should be granted. Pagel cif K:\COUNCIL\Draft Ordinance\ORID 875 TV44(Terra View)A R .doc NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY F EAGLE, IDAH , as follows: Section .: The Eagle City Council hereby finds and declares that the real property particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is 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 property has 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 as generally shown on Exhibit"B", attached .here to and included herein by reference, 's :hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho, Section The City Council hereby finds and determines that the real property particularly described in Exhibit "A" and generally as shown on Exhibit "B", attached hereto and incorporated by reference, is hereby removed from the RUT (Rural-Urban Transition) zoning classification and is hereby included in the MUD (Mixed Use with a development agreement) zoning class ification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and determines that said zone charge is in accordance with the Eagle Comprehensive Man and relevant City Codes and that the Zoning Map of the City is hereby amended to include the real property described in Exhibit"A" n the MU-DA zoning district. Section 4: From and after the effective date of this Ordinance, all property and persons with 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 provisions of this ordinance are :hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance ce is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 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 50-22 , Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 7: 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 ce with: Section 50- o I A, Idaho Code, may be published. Page 2 of KACO NOUDraft Ordinances\ORID 875 TV44(Terra View)A RZ.dc DATED this 24th day of May 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho < J".0 ierce, Mayor NX AT EST: , T Arac JC ic racy E.&fvb ors., Eagle C i ty t ioc: 414 pr coo�0 ko�10 0 40 0'IQ #14 tie STATE OF IDAHO) ss. County of Ada O 1 40 '4 tj n this &-- day of in the year/LAW, before me,the undersigned, a Notary Public in and for said ate,personally appeared JASON PIERCE, known to me to be the MAYOR of said municipal corporation that 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 hereunto set my hand and affixed my official seal the day and year first written. A% C BEN Notary c ►sp 0-- 10 0 % TAR V%tp ij Residing at; ��**� C My Commission Expires: low P(JB1,X L 1Z No 0'F 46 Page 3 of 3 KACOUNCIUDraft Ordinances\ORD 875 TV44(Terra View)A RZ.doc fi S z 3 T .0331 'E'E'lG I E R May 17, 20 2 Project No.: 200307 EXHIBIT "Al" CITY OF EAGLE ANNEXATION A parcel of land located in the SE1/4 of the NE1/4 of Section 33,and the SW1/4 of the NW1/4 of Section 4,Township S North, Range 1 West,Boise Meridian,City of Eagle,Ada County,Idaho,being more particularly described as follows.- BEGINNING at the One-Quarter corner common to Sections 33, and 34,Township North, Range 1 West,Boise Meridian,from which the section corner common to Sections 27,28,33,and 34 bears N.00*31'28"E., 2630.95 feet,thence,along the south line of the SE1/4 of the NE1/4 of said Section 33, 1 N. 901"24"W.,986.84 feet;thence,leaving the south line, N.o 2 '0 "E.,660.00 feet;thence, N. 9001'33'W.,330.00 feet;thence 4 N.W02' '03"E.,100.00 feet;thence, S N.890 5 'o8"E.,447.82 feet,thence, S.87 S2'4 "E.,544.80 feet;thence, N.86 42'41"E.,332.96 feet,thence, N.78 42'30"E.,,203.1 feet,thence N.84003'1 S"E.,311.15 feet;thence, 10 N.86013'5 "E.,255.4 'feet;thence, 11 S.+ 1 17'41"E.,173.72 feet;thence, 12 N.82 4'` ' 7"E.,379.69 feet,thence, 1 S.0002 '2 "W.,911.28 feet to the south line of the SW1/4 of the NW1/4 of said Section 34, thence,along said south line, 14 N. 9010'42"W., 1318.75 feet to the POINT of BEGINNING. CONTAINING:44.074 acres,more or less, 12460 Of 2471 S.TitanIUM Place Meridian,ICE 83642 P:208.323.2288 to-engineers.corn Exhibit "' » Q Lq 0 .mom w � �- W co z W 0 ui z w 6 19- Z LU W 20 co w 0 z "- ° 00 ul uj A CN 2 ,. . . C. z 0 z LLJ ma_ D U Co w 02 co < W C m 0 rCL V) 0T- K SON83 -40 SSA,7 96*OC9Z 3.9Z,W*OON .� c w CD w Uj e U- ui X 0 100 W tj co co z ui -- z w LL z OD 100 uj Uj N� UJ OC uj > cc z uj Li 0) (.00 Li ; 0 0) -= C>I�f) Ui� cry � � � �� 0 00*099 .. . ui . CD m to ,- s co q J► ,' ' ,,M ,�., „ Z UJ 0 - .. .. z z z z z z z Ll . "