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Ordinance - 2022 - 878 - Cadenza Court Subdivision - 06/28/2022 ORDINANCE NO. 878 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 540 South 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 March 7, 2022, 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 April 12, 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. Pge 1 of 2 K\COUNCIL\Ordinances\ORD 878 Cadenza Court 121.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 28th day of June 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho J son fierce, ayor ,,,,,,,,,,,,,,,,,,,,,, TEST: °* Gq:.... . ,..6 6i,x),,,u3t. : 4z- ...e..V., Tracy E. sborn, Eagle City ggik'�o / w� ice; - Pge 2 of 2 K:\COUNCIL\Draft Ordinances\ORD 878 Cadenza Court RZ.doc LR me" „`� Exhibit "A" 2308 N. Cole Rd., Suite G • A SURVEYING & MAPPING COMPANY Boise, fldeam$i4I& FILED CITY OF EAGLE SEP 3 0 2021 Subdivision Rezone Description —Cadenza Court Route to: —_ A parcel of land, being all of Lot 14, 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, City of Eagle, Ada County, Idaho, being more particularly described as follows: COMMENCING 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 North 00°16'28" East, 666.65 feet;Thence North 00°16'28" East, along the centerline of South Parkinson Street, 611.53 feet to the centerline intersection of the westerly extension of the northerly boundary of said Lot 14,the POINT OF BEGINNING of the parcel described herein; Thence along said westerly extension and the northerly boundary of said Lot 14, South 89°45'43" East, 274.96 feet to the northeasterly corner thereof; Thence along the easterly boundary of said Lot 14, South 00°15'08" West, 240.00 feet to the southeasterly corner thereof; Thence along the southerly boundary of said Lot 14, North 89°45'42" West, 275.05 feet to the centerline of South Parkinson Street; Thence along said centerline, North 00°16'28" East, 240.00 feet to the POINT OF BEGINNING. Containing 66,001 square feet or 1.515 acres, more or less, of which 0.137 acres is existing public right-of-way. End of Description O�PL LAND \Q`<„c,\S T ERF,p SG�G 1 12464 2 OF \C)P gR01V p Prepared By: Aaron Rush, PLS Rv� 1 Exhibit "B" RE-ZONE SKETCH LOT 14, BLOCK 4 RANDALL ACRES SUBDIVISION NO. 15 & EAST HALF WIDTH ADJACENT RIGHT-OF-WAY SEC. 15, T4N, R1E E. SYRINGA ST. 13 22 — 50.00' -- 15.00' —/ / / / / / / / / / N89"45'43"W 274.96' CD'm O O pa 3 b /N 4 N/ (1o)En co i /w 14 / H SCALE: N 1 "=100' "►I 13 /,:cia,// O19/Z f- — zs.00 o is N89 45 42 W 275.05 LEGEND ADJANCENT LOT BOUNDARY © LOT NUMBER OAP` LAN25 4 BLOCK NUMBER ,,5��c_c,\STER(4,,SG1G 4,- c` a REZONE AREA N 12464 0 53 ggTF OF \ 5.Z. RaN P. Rv NOTE PLEASE REFER TO RECORD OF SURVEY NO. 128800R ADDITIONAL .'3 BOUNDARY DETAILS. �. LR Geo NO A SURVEYING C MAPPING COMPANY �m;n t�ni rn�tuu�"�rnr.i_u�n:unc;u: