Ordinance - 2022 - 877 - Kingfisher Cove - 06/28/2022 ORDINANCE NO. 877
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM MU-DA (MIXED USE WITH A
DEVELOPMENT AGREEMENT) TO R-9-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, Landmark Pacific Development, Inc., 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 MU-DA (Mixed Use with a development
agreement) to R-9-DA (Residential with a development agreement); and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel number Parcel 4S0507427920; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on June 21, 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 August 10, 2021, 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-9-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 MU-DA (Mixed Use
with a development agreement) zoning classification and included in the R-9-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.
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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 MU-DA (Mixed Use with a development
agreement) zoning classification and the real property described in Exhibit "A" is hereby
included in the R-9-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 28th day of June 2022.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Jason`':Pierce, Mayor
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Tracy E. porn, Eagle City Clerk u ❑ I
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K'\COUNCIL\Drafi Ordinances\ORD 877 Kingfisher Cove RLdoc
EXHIBIT A
KINGFISHER FINAL PLAT
A PARCEL OF LAND BEING PARCEL "A" AS SAME IS SHOWN ON RECORD OF SURVEY NUMBER
10957, RECORDED UNDER INSTRUMENT NUMBER 2017-057093, ADA COUNTY RECORDS,
SITUATE IN THE NORTH ONE HALF OF THE SOUTHEAST ONE QUARTER OF SECTION 7,
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF EAGLE, ADA COUNTY, IDAHO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER-EAST ONE SIXTEENTH CORNER OF SAID SECTION 7, FROM
WHICH THE CENTER ONE QUARTER CORNER OF SAID SECTION 7 BEARS SOUTH 89' 25' 51"
WEST, 1322.18 FEET; THENCE ON THE EAST ONE SIXTEENTH LINE OF SAID SECTION 7, SOUTH
01- 20' 38" WEST, 930.27 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST
STATE STREET, SAID POINT BEING THE POINT OF BEGINNING.
THENCE ON SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 52-30' 19" EAST, 510.43 FEET,TO THE
SOUTHEASTERLY CORNER OF AFOREMENTIONED PARCEL "A";
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 89-41' 37" WEST, 998.61 FEET,
ON THE SOUTHERN BOUNDARY LINE OF SAID PARCEL "A", TO THE SOUTHWESTERLY CORNER OF
SAID PARCEL "A";
THENCE LEAVING SAID SOUTHERN BOUNDARY LINE, NORTH 00° 18' 35" WEST, 345.45 FEET, TO
A POINT OF CURVATURE;
THENCE 165.45 FEET ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET,
A CENTRAL ANGLE OF 47- 23' 56", AND WHOSE LONG CHORD BEARS, NORTH 32- 32' 37" EAST,
160.78 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST STATE STREET;
THENCE ON SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 88- 39' 40" EAST, 228.88 FEET, TO A
POINT OF CURVATURE;
THENCE 143.88 FEET ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS
OF 228.00 FEET, A CENTRAL ANGLE OF 36° 09' 21", AND WHOSE LONG CHORD BEARS, SOUTH
70'
34' 59" EAST, 141.50 FEET;
THENCE SOUTH 52* 30' 19" EAST, 184.92 FEET TO THE POINT OF BEGINNING.
THE ABOVE-DESCRIBED AREA CONTAINS 7.38 ACRES, MORE OR LESS.
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