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Ordinance - 2022 - 876 - Kody Corner Subdivision - 05/24/2022 ORDINANCE NO. 876 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) TO R-6-DA (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; PROVIDING A SEVERABILITY CLAUSE, 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, MJV Properties, LLC, the owners of the real property situated within the City of Eagle and particularly described in Exhibit "A" and shown in Exhibit `B" of this ordinance has requested, in writing, a rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement); and WHEREAS, the property described in Exhibit "A" is located at 525 and 543 North Parkinson Street; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on December 6, 2021, 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 February 8, 2022, 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 R-6-DA (Residential with a development agreement) 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" and shown in Exhibit `B" be removed from the R-4 (Residential) zoning classification and included in the R-6-DA (Residential with a 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 K:\COUNCIL\Draf Ordinances\ORD 876 Kody Corner RZ.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 R-4 (Residential) zoning classification and the real property described in Exhibit "A" is hereby included in the R-6-DA (Residential 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: 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 is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 5: 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 24th day of May 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho 1 � � o Pierce, Mayor A EST: Gv� E O w '.zt.s Tracy E. rn, Eagle City Clerk 1�� O up ``�:O J .') \;: 'C Page 2 of 2 K:\COUNCIL\Draft Ordinances\ORD 876 Kody Corner RZ.doc REZONE DESCRIPTION A parcel of land, being all of Lots 3 and 4, Block 3 of Randall Acres Subdivision No. 15, recorded in Book 16 of Plats at Pages 1040 through 1041 Records of Ada County, together with the adjacent half width of public right-of-way, lying within the Northeast Quarter of the Northwest Quarter of Section 15, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at centerline intersection of East Elliot Street and South Parkinson Street, from which the centerline intersection of South Parkinson Street and East Syringa Street Bears bears North 00°16'28" East, 666.65 feet; Thence along the centerline of East Elliot Street, North 65°14'17" West, 388.90 feet to its’ intersection with the southwesterly extension of the boundary common to Lots 2 and 3, Block 4, said Randall Acres Subdivision No. 15; Thence along said extension and common boundary, North 24°54'56" East, 250.10 feet to the corner common to Lots 2, 3, and 4, Block 4; Thence along the westerly boundary of Lot 4, Block 4, North 27°16'16" West, 314.24 feet to an extension thereof to the centerline of East Syringa Street; Thence along said centerline, South 89°39'13" East, 394.97 feet to its’ intersection with the centerline intersection of South Parkinson Street; Thence along the centerline of South Parkinson Street, South 00°16'28" West, 666.65 feet to the POINT OF BEGINNING. Containing 186,833 square feet or 4.289 acres, more or less. End of Description Prepared by: Aaron Rush, PLS 06-12-2023 Exhibit "A" Exhibit "A" LR Geo 2308 N.KatigiVagAtEli2FD r A SURVEYING & MAPPING COMPANY Boisre!Tl 'd g§ MAY 24 2021 REZONE DESCRIPTION File: A parcel of land, being all of Lots 3 and 4, Block 4 of Randall Acres Subdivision`N`o Y5, recorded in Book 16 of Plats at Pages 1040 through 1041 Records of Ada County, together with the adjacent half width of public right-of-way, lying within the Northeast Quarter of the Northwest Quarter of Section 15, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at centerline intersection of East Elliot Street and South Parkinson Street, from which the centerline intersection of South Parkinson Street and East Syringa Street Bears bears North 00°16'28" East, 666.65 feet; Thence along the centerline of East Elliot Street, North 65°14'17" West, 388.90 feet to its' intersection with the southwesterly extension of the boundary common to Lots 2 and 3, Block 4, said Randall Acres Subdivision No. 15; Thence along said extension and common boundary, North 24°54'56" East, 250.10 feet to the corner common to Lots 2, 3, and 4, Block 4; Thence along the westerly boundary of Lot 4, Block 4, North 27°16'16" West, 314.24 feet to an extension thereof to the centerline of East Syringa Street; Thence along said centerline, South 89°39'13" East, 394.97 feet to its' intersection with the centerline intersection of South Parkinson Street; Thence along the centerline of South Parkinson Street, South 00°16'28" West, 666.65 feet to the POINT OF BEGINNING. Containing 186,833 square feet or 4.289 acres, more or less. End of Description NP�" LAND exO\:G\s f R�,o se(i) G "L 12464 s1 g9TF OF \ `Z` Prepared By: Aaron Rush, PLS gRoN P. s 1 Exhibit "B" RE-ZONE SKETCH Proposed Kody Corner Lots 3 and 4, Block 3, Randall Acres Subdivision, NW 1/4, SEC. 15, T4N, R1E • S89°39' 13"E '394.97 — — SYRINGA ST. SCALE: O ,.-'a I 1 " = 100' V) / N Iz Q" IQ a vi / © ♦ PL N up Qv l 4/ D lD i1 lD (O LD o, o t o ,`)'o © I l ♦ e. I I N6\ Iq� LEGEND38890 W \ REZONE BOUNDARY \ I �p1 LAND PL - PARCEL BOUNDARY POB I coc`����G‘8TEfF s'G,_ — RIGHT-OF-WAY ♦ �� l a 12464 0 CALCULATED POSITION x © LOT NUMBER 999F O OF N P. F NOTE PLEASE REFER TO RECORD OF SURVEY NO. 12880 AND THE PLOAT ,y LR Geo R: e OF RANDALL ACRES SUBDIVISION NO. 15 FOR ADDITIONAL ;;A�/ BOUNDARY DETAILS. .. A SURVEYING S MAPPING COMPANY Beaufort Gazette The Herald-Rock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Demon-rat Herald Sun-Durham Modesto Bee The News Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune AIO.MCCLATC:HY Centre Daily Times Kansas City Star Sacramento Bee Tri-City Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 36791 270929 Print Legal Ad-IPL0075489 $96.96 2 86 L Attention: Mike Williams Bettina Jantzen,being duly sworn,deposes and PO BOX 1520 says:That she is the Principal Clerk of The Idaho EAGLE,ID 836169102 Statesman,a daily newspaper printed and published at Boise,Ada County,State of Idaho, and having a general circulation therein,and which said newspaper has been continuously and uninterruptedly published in said County during a ORDINANCE NO.876 period of twelve consecutive months prior to the AN ORDINANCE CHANGING THE ZONING CLASSFCATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R-4(RESIDENTIAL)TO R-6-DA(RES- first publication of the notice,a copy of which is IDENTLAL WITH A DEVELOPMENT AGREEMENT);AMENDING THE ZONING MAP ,J OF THE CITY OF EAGLE TO REFLECT SAID CHANGE;PROVIDING A SEVER- attached hereto:that said notice was published in ABILITY CLAUSE,AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and The Idaho Statesman,in conformity with Section operating under the laws of the State of Idaho;and WHEREAS,pursuant to Chapter 65,Title 67,Idaho Code,the City of Eagle has 60-108,Idaho Code,as amended,for: the authority to adopt,establish and amend a Zoning Ordinance;and WHEREAS,MJV Properties,LLC,the owners of the real property situated within the City of Eagle and particularly described in Exhibit"A"and shown in Exhibit "B"of this ordinance has requested,in writing,a rezone from R-4(Residential) to R-6-DA(Residential with a development agreement);and No.of Insertions: 1 WHEREAS,the property described in Exhibit"A"is located at 525 and 543 North Parkinson Sheet;and WHEREAS,the Planning and Zoning Commission of the City,pursuant to public notice as required by law,held a public hearing on Beginning Issue of: 06/02/2022 December 6.2021,as required by Section 67-6509,Idaho Code,and made a recommendation to the Mayor and Council;and WHEREAS,the to publi law, ubl hearingCity February pursuant 2022,on the proposed zoning for the Ending Issue of: 06/02/2022 real property described in Exhibit"A"as required by Section 67-6509,Idaho Code,made findings and determined that the requested zoning classification of R-6-DA(Residential with a development agreement)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 detemtines that the real property particularly described in Exhibit"A"and shown in Exhibit"B"be removed from 9411''.--1 the R-4(Residential)zoning classification and included in the R-6-DA(Residen- r tial with a 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. Section 2:The described real property generally as shown on Exhibit"B"and (Legals Clerk) 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 R-4 (Residential)zoning classification and the real property described in Exhibit"A' is hereby included in the R-6-DA Residential with a development agreement) On this 2nd day of June in the year of 2022 before me,a zoning classification. Section 3:The official Zoning Map of the City of Eagle,Idaho,is hereby Notary Public,personally appeared before me Bettina amended to reflect the foregoing change in zoning classification. Section 4:The provisions of this ordinance are hereby declared to be sever- Jantzen known or identified to me to be the person able and if any provision of the act or the application of such provision to any whose name subscribed to the within instrument,and person or circumstance is declared invalid for any reason,such declaration shall not affect the validity of remaining portions of this ordinance. being by first duly sworn,declared that the statements Section 5: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 news- therein are true,and acknowledged to me that she paper of the City.Exhibit"B"can be viewed at Eagle City Hall located at 660 E. g Civic Lane,Eagle,Idaho during regular business hours. executed the same. DATED this 24th day of May 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Jason Pierce,Mayor ATTEST: Tracy E.Osborn,Eagle City Clerk 5 /7'®'/Exhiit"AI �`;1i�A K/V REZONE DESCRIPTION A parcel of land,being all of Lots 3 and 4,Block 4 of Randall Acres Subdivision No.15,recorded in Book 16 of Plats at Pages 1040 through 1041 Records of Ada County,together with the adjacent half width of public right-of-way lying within the Northeast Quarter of the Northwest Quarter of Section 15,Township 4 North,Range 1 East.Boise Meridian,Ada County,Idaho.being more particularly described as follows: Notary Public in and for the state of Texas,residing in BEGINNING at centerline intersection of East Elliot Street end South Parkinson Street,from which the centerline intersection of South Parkinson Street and East Dallas County Syringe Street Bears bears North 00'16'28"East,666.65 feet;Thence along the centerline of East Elliot Street,North 65'14'17"West,388.90 feet to its'intersec- tion with the southwesterly extension of the boundary common to Lots 2 and 3, r4,t Block 4,sad Randall Acres Subdivision No.15; / ,..'.t S1EFN*scorn B Thence along said extension and common boundary,North 24'54'56"East, , *,:?•".1 7p, a7 i R/YR�7�V 94./'t 250.10 feet a the corner common to Lots 2,3,and 4,Block 4; My Notary l •1 q 17ypdC1 ii Thence alongthe westerlyboundary of Lot 4,Block 4,North 27`16'16"West. l O J 6895 31424 feet ban extension thereof to the centerline of East Syringe Sheet; '... • Thence along said centerline,South 89'39'13"East,394.97 feet to its'intersec- Expires tion w4h the centerline intersection of South Parkinson Sheet; •na� �"�� Thence along the centerline of South Parkinson Street,South 00'16'28"West, 666.65 feet to the POINT OF BEGINNING. Containing 186,833 square feet or 4.289 acres,more or less. Extra charge for lost or duplicate affidavits.un 02 J 2022 Legal document please do not destroy!