Ordinance - 2016 - 763 - Rezone Of 247 N. Eagle Road - 12/13/2016ORDINANCE NO. 763
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
CBD -DA (CENTRAL BUSINESS DISTRICT 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 R-4 to CBD -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 247 North Eagle Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on July 5, 2016, 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 August 9, 2016, 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 R-4 (Residential) zoning classification zoning
classification and included in the CBD -DA (Central Business District with a development
agreement) zoning classification pursuant to the Zoning Ordinance of the City of Eagle. The
Pagel of 2
K-\C0UNCIL\0rdlnances\0RD 763 Nickel 247 Eagle Rd doc
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 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 (Residential) zoning classification and
the real property described in Exhibit "A" is hereby included in the CBD -DA (Central Business
District 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 13th day of December 2016.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor tl
ATTEST:
OF EqC� •.,,s
��.• G~ O�Q�Rq*h F
haron K. Bergmann, Eagle Ciq Clerk = SEAL.
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Page 2 of 2
K COUNCIL•.Ordinances\ORD 763 Nickel 247 Eagle Rd doc
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows:
BEGINNING AT A POINT ON THE SECTION LINE BETWEEN SECTIONS 8 AND 9, TOWNSHIP 4
NORTH, RANGE 1 EAST, BOISE MERIDIAN, 654 FEET SOUTH OF THE QUARTER CORNER ON
SAID SECTION LINE, THENCE AT RIGHT ANGLES TO SAID SECTION LINE WEST 24 FEET, TO THE
REAL POINT OF BEGINNING; THENCE CONTINUING
WEST 145 FEET; THENCE AT RIGHT ANGLES
SOUTH 100 FEET, THENCE AT RIGHT ANGLES
EAST 145 FEET; THENCE AT RIGHT ANGLES
NORTH AND PARALLEL WITH SAID SECTION LINE 100 FEET TO THE REAL POINT OF
BEGINNING, IN ADA COUNTY, IDAHO;
FURTHER EXCEPTING THEREFROM THAT PORTION CONVEYED BY WARRANTY DEED TO THE
ADA COUNTY HIGHWAY DISTRICT DATED APRIL 15, 1977 AND RECORDED APRIL 18, 1977 AS
INSTRUMENT NO. 97029777, RECORDS OF ADA COUNTY, IDAHO
EXCEPTING THEREFROM THAT PORTION DEEDED TO THE ADA COUNTY HIGHWAY DISTRICT IN
WARRANTY DEED RECORDED APRIL 18, 1977, AS INSTRUMENT NO. 97029777 BEING MORE
PARTICULARILY DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 8 AND 9, TOWNSHIP 4
NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE
SOUTH 0°00'00" WEST, 654.00 FEET (FORMERLY SOUTH, 654 FEET) ALONG THE SECTION LINE
COMMON TO SECTIONS 8 AND 9 TO A POINT; THENCE
SOUTH 90000'00" WEST (FORMERLY WEST), 25.00 FEET TO A POINT, SAID POINT BEING THE
REAL POINT OF BEGINNING, THENCE CONTINUING
SOUTH 90°00'00" WEST, 8.00 FEET TO A POINT; THENCE
SOUTH 0'00'00" WEST, 100.00 FEET (FORMERLY SOUTH, 100 FEET) ALONG A LINE PARALLEL
TO AND MEASURING 33.00 FEET AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 8 TO A
POINT; THENCE
NORTH 90000'00" EAST (FORMERLY EAST), 8.00 FEET TO A POINT, THENCE
NORTH 0"00'00" EAST, 100.00 FEET (FORMERLY NORTH, 100 FEET) ALONG A LINE PARALLEL
TO AND MEASURING 25.00 FEET AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 8 TO
THE REAL POINT OF BEGINNING.
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LEGAL PROOF OF PUBLICATION
Account #
Ad Number
Identification
PO
Amount I
Cols
Lines
263905
0002865577
LEGAL NOTICE ORDINANCE NO. 763 AN OR[
ORD 763
$218.12
2
127
Attention: TRACY OSBORN
CIN OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
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�D�pe 3Y o! 414 Courio At Ada, §tags of
FEEP'M
, being duly swom, deposes and
says: That she is the Principal Clerk
of The Idaho 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
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto: that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for:
Insertions
Beginning issue of: 01/09/2017
Ending issue of: 01/09/2017
egals Clerk)
STATE OF IDAHO)
.SS
COUNTY OF ADA)
On this 9th day of January in the year
of 2017 before me, a Notary Public,
personally appeared before me
known or identified to me to be the
person whose name subscribed to
the within instrument, and being by
first duly sworn, declared that the
,••eeeeee..•ej� statements therein are true, and
�•••11A j.Gp ,••�i, acknowledged to me that she
,,:b •••.••••••.•• •.,;, executed the sa
t40TA ::
• Notary Public FOR Idaho
PUBLIC ; Residing at: Boise, Idaho
`P�4N dS 17 a--
,1'•A,,••go*
•• ••V,,,'•�•�� My Commission expires:
,'e••eeIlia” ECE4VEb & FILED
CITY OF EAGLE
File:
JAN 12 2017
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Pub, Jan. 9,201.7
OOD28M77-01