Ordinance - 2022 - 891 - Skyview Subdivision Annexation & Rezone - 11/09/2022ADA COUNTY RECORDER Phil McGrane 2022-093905
BOISEIDAHO Pgs=12 ANGIE STEELE 11/18/2022 10:29 AM
CITY OF EAGLE, IDAHO NO FEE
ORDINANCE NO. 891
AN ORDINANCE ANNEXING CERTAIN RE Al. PROPERTY SITUATED IN IIII
UNINCORPORATED A-REA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO,
CHANGING THE ZONING' CLASSIFICATION OF SAID RE -AL, PROPERTY DESCRMED
FJFREIN FROM RUT (RURAL-URBANTRANSITION) TO R-9-DA (RESIDENTIAL WITH
A DEVELOPMENT AGREEMENT) AND MU-DA (MIX-ED USE WITH A DEVELOPMENT
AGREEMENT); AMENDING THE ZONING MAP OF THEI CITY OFF"AGLETO REFLECT
SAID CHANGE; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS
PROVIDED BYLAW; 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 is authorized to annex to and incorporate within the boundaries
of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and
WHEREAS, Steven Ricks and Lennar Homes of Idaho., LLC, the owners of the real property
situated in the unincorporated area of Ada County and particularly described in Exhibit "A" and
shown in Exhibit "`II"' of this ordinance has 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 ok'Ea;le and particularly,
described in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R-9-
DA and MU-DA; and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel numbers Parcel #S0412318920 and S0412314950; and
N�THEREAS, the owners of the real property situated within the City of Eagle and particularly
described in. Exhibit "C" and shown in Exhibit "D" of this ordinance has requested, in writing, a
rezone from RUT to R-9-DA; and
-VFIEREAS. the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "E" and shown in Exhibit "F" of this ordinance has requested, in writing, a
rezone frorn RUT to MU-DA; and
Page I of 4
KACOUNCU.'Drafi Ordmancea+ORD S91, $kfv;cw r' 30�
WHEREAS, the Planning and Zoning (.-Iominission. of the City, pursuant to public notice as
required by law, held a public hearing on November 15, 202) 1, as required by Section 67-652D5'
Idaho Code, and made a recommendation to the Mayor and Council; and
WHEIREAS, the Eagle City Council, pursuant to public notice as required by la-8v, held a public
hearing on January 25, 2022, on the proposed annexation described in E,xhibit "A" and zoning
for the real property described in Exhibit "C" and Exhibit "E" as required by Section 67-6525,
Idaho Code, made findings and determined that the requested annexation should be grWited and
that a zoning classification of R-9-DA and MU-DA for the property described in. Exhibit "C" and
Exhibit "E" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the
Eagle Comprehensive Plan and should be granted.
NOW, THEIREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows -
Section 1. 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 owne.- 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 sholvvii on Exhibit "B", attached here
to, and included herein by reference, is hereby annexed to the incorporated territorial limits of
the City of Eagle, Idaho.
Section 3: The City Council hereby finds and determines that the real property particularly
described in Exhibit "C" and generally as shown on Exhibit "D", attached hereto and
incorporated by reference, is hereby removed from the RUT (Rural -Urban Transition) zoning
classification and is hereby included in the R-9-DA (Residential with a development agreement)
zoning classification all pursuant to the Zoning Ordin at -ice 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 and that the Zoning Map of the City is hereby
amended to include the real property described in Exhibit "C"in the R-9-DA zoning district.
Section 4 The City Council hereby fit -ids and detertnines that the real property particularly
described in Exhibit "E" and generally as shown on Exhibit "17", attached hereto and
incorporated by reference, is hereby removed front the RUT (Rural -Urban Transition) zoning
classification and is hereby included Iii the MU-DA (Mixed Use with a development agreement)
zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City
Council further finds and determines that said 7.one change is in accordance with the Eagle
Comprebensive Plan and relevant City Codes and that the Zoning Map of the City is hereby
amended to include the real property described 'in Exhibit "E" in the MU-DA zoning district.
Page 2 of 4
KACOUNCa' L'Draft Ordmance1,0RD M Sloviewdlorc
Section 5: Froin and after the effective date of this Ordinance, all property and persons within
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. 6: The provisions of this ordinance are hereby declared to be severable and if ally
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 7. 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 50-223, 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 8: 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 sunimary
thereof in compliance with Section 50-901 A, Idaho Code, may be published.
DATEID this 9th day of November 2022.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County. Idaho
ATA-EST:
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Tracy E. W&Jn
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Page 3 of 4
K:1C0UNC]L\D,z(t Oremmcs',0P D 89] Skyvimd,-
STATE OF IDAHO)
ss.
County of Ada
On. this day of,VM....... in the year .U11, rsigmed, a
before me, the unde
Notan, Public in and for said State, personally appeared JASONT PIERCE, known to me to be the
MAiOR of said municipal corporation that executed this instrument, and the persons, who
executed the said instrurnent 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.
Notary lic
N
oT Residing at: �C-qu' -To
My Conimissiol.l. Expires: 2-L��17-5
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of
Page 4 o-1'4
K:1,C0(.',NC'1L\Dm(1 891 Skyvizw.dw-
REC
JIU-0 cNat"upis, lftcEP?9R,&.,g4Am,
CITY OF EAGLE
Exhibit "A" APR 202f
Skyview Subdivision — Annexation Description
F110:
Aroject N�2. 10-20-146 kfarch 2.9. 2021 Route
A tract of land situate in a portion of the southwest quarter of Section 12 of Township 4 North, Range
West, Boise Meridian, City of F',agle,
County of Ada, State of Idaho, and being more particularly described
as follows:
Cornmencinizat the north quarter corner of said Section 12;
thence from said Point oil Commencement, South 00'32'04" 'Afest, coiPcident with the east line of the
northwest quarter of said Section 121, P distance of 2,640.27 feet to the center quarter comer of said Section
12; thence South 00*27'05" West, coincident with the east line of the southwest quarter of said Section 12,
a distance of 59165 feet to the southeast corner of the plat of Springhouse Subdivision, recorded it, Book
110 of Plats, at Pages 15837 through 15842. Ada County Records, said corner being the Point of Beginning
of this description;
thence from said Point of Beginning, continuing South 00'27'05" West, coincident with the east 'line of
the southwest quarter of said Section 12, a distance of 803.34 feet to the point of intersection of said east
line with the centerline of State Highway 44; thence coincident with said centerline, along the, arc of a non -
tangent curve to the left, concave southerly, having a radius of 22,918.31 feet, through a central angle of
1`'I7'56.7", an ar-, length. o1^51191A feet, and a chord bearing South 84'44'04" West', a distance of'519.62
feet; thence leaving said centerline, coincident with the southwesterly bank of the Middleton Mill Ditch
Canal and As southeasterly projection, the following two (2) consecutive courses and distances.,
i. North. 54103'i8" West, a distance of 198.01 feet, and
2, North 59110 I'l 5" West, a distwn-ce of 75 1 A 1. feet to a point on the easterly line of
the plat of Se0ona. Creels Subdivision, recorded M. Book 96 of Plats, at Pages 9715
through 971 '17, Ada County Records;
thence North 00'38'41 " East, coincident with said easterly line, a distance of 282.00 feet to the southwest
corner of the aformid Springhouse Subdivision; thence coincident with the southerly line's of said
Springhouse Subdivision, the following four (4) consecutive courses and distances:
I . along the arc of anon -tangent curve to the left, concave northerly, having a radius
of 600M Feet, through a central angle of 9'59M", an are length of 104.55 feet,
and a chord bearing North 82'59'33 I" East, a distance of 104.42 feet,
2. North 78'00'00" East, a distance of 230M feet,
3. along the are of a, tangent curve to, the right, concave southerly, having a radius of
800.00 feet, through a central angle of 12'50'00", an are length of 179. 19 feet, and
a chord bearing North 84'2555`00" East, a distance of 1,78.8 1 Fect, and.
March 29, 2021 10-20-146._Skyview Anrox Descdocx Page I O1'2
'760 We .3t Lucursior, Lane, SuAc. 400, Meridian, ID 81(A2-53 13 W _4 208.3ids ,7330
RECEIVED & FILED
CITY OF EAGLE
4 St a distance of 818.65 feet to the Point of Beginning, . South 89" 10'00" Ed APR 2 8 2021
Route to:
Containing an area oft .62 acres of land, more or 1--S&
The above -described tract of land is shown on Exhibit "B" attached hereto and made a part hereof.
End of Description,
J-U-B ENGINEERS, Inc.
This description Alas prepared by me or under my supervision. I.Fany portion of this description is modi fied
or removed without the written consent of' i3 thy Harrigan, P � LS, all prof�ssional liability associated with
this docurnent is hereby declared null and void,
Tim�ofhv Harriga1766'-5'--
Date
17665
Mard, 119., '202' 10-201-146__Skyv:cw Annex Desc.docx Page 1 of
L
-C
R=600.00V
C!-J=N8259*31"E 10442'
4
LEGE--ND
oil 7
77 17'
Exhibit "B"
tECEIVE[),& FILED
CITY OF FAGLE
File:
SW3 2'64"W t,*fi4-0.:e i
S00*27'05'W 59265'
S89'1 0'00"E 818.65' Poa:�57
R=800.00'
A--12*50'00" L=179.19'
CH=N84'25'00"E 178.81'
NO
200
-SCALE IN FEET
-N54'0,3'58"W 198,01'
AA
STATE HIGHWAT
A=1,17*56-7-
R,22918-3y
SECTION LINE
N5Z
ANNEX. AREA. 20,62± ACRES OF LAND
QUARTER CORNER
OL 17665
CENTER QUARTER CORNER
0
- DIMENSION POINT
POC
- POINT' OF COMMENCEMENT
POB
- POINT OF BEGINNING
C; F11D) t 0
............................ --- ......
SKYVIEW SUBDIVISION
SHEET
ANNEXATION DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, T4N. R1W, BM
I OF
OF EAGLE. COUNTY OF ADA. STATE OF IDAHO
................ .. .. . ...... . . .......... ........
EAbibit "C" )'u-n RAOMPIal WC.
RECEIVED & FILED
CITY OF EAGLE
Skyview Subdivision — Rvzone "RT" Description APR 2 8 2021
PnZiectMo. 10-20-146 April 22, 2021 He -
Route
,A tract of land situate in a portion of the southwest quarter of Section 12 of Township 4 North, Range I
West, Boise Meridian, City of Eagle, County of Ada, State of Idaho, and being more particularly described
as follows:
Commencing at the north quarter corner cifsaidSection 12;
thence from said Point of Commencement, South 00'32104' West, coincident with the cast line of the
northwest quarter of said Section 12, adistance of 2,640,27 feet to the center quarter corner of said Section
1 21; thence South 00'27'05" West, coincident with. the cast line of the southwest quarter of said Section 12,
a distance of 592.65 feet to the southeast comer of the plat of Springhouse Subdivision, recorded in Book
110 of Plats, at Pages 15837 through 15842, Ada County Records, said corner being the Point of Beginning
of this description;
thence from said Point of Beginning, continuing South 00127'05" West, coincident with the east Ii'lle of
the southwest quarter of said Section 12, a distance of 98.66 feet; thence leaving said east line, the following
four (4) consecutive courws and distances-
1, '.North- 89,132'55" West, a distance of 44.06 feet,
2. North 44" 14'23" West, a distance of4.18 feet,
3. North 8990'00" West, a distance of 207.55 feet, and
4. South 00'41.'13" West, a distance of 624,01 feet to a point on the southlineof
the northeast quarter of the southwest quarter of said Section 12;
thence North 89'36' 12" West, coincidvent with said south line, a distance of 457.49 beet to a point or the
southwesterly bank of the Middleton Mill Ditch Canal; thence leaving said south line, North 59'01'15"
West, coincident with said southwesterly bank, a distance of -109,25 feet to a point on the easterly line of
the plat of Sedona Creek Subdivision, recorded in Book 86 of Plats, at Pages 9715 through 9717, Ada
County Records;
thence North 00'38'4 1" East, coincident with said easterly line, a distance of 282-00 feet to the southwest
comer of the aforesaid SpriaghousQ Subdivision; thence coincident with the southerly lines of said
Springhouse Subdivision, the following four (4) consecutive courses and distances:
I along the arc of a non -tangent curve "0 the left, concave northerly, having a
radius of 600.00 feet, through a central angle of 9'59'02", an arc 'length Of
104.55 feet, and a chord bearing North 82"9`31" E.ast,, a distance of 104-42
feet,
2 4il. North '78'00'00" East, a distance of 230,00 feet,
April 22, 2021 la)-20-146__Skyview Rezone R9—r2.docx Page I oF2
2760 West Excursion Ume, Suite ID 83642-.5313 iF 208376.7330
RECEIVC-D & FILED
CITY OF EAGLE
3. along the arc of a tangent ctwve to the right, concave southerly, having a radius APR 2 g 202,
of 800M feet, throulah, a central angle of 12'50'00*', an arc length of 179, 1
Ale:
feet, and a ohord bearing North 84125'00" East, a distance of 17&81 feel- Org
4. Soutb 890 10'00" East, a distance of 818.65 .et to the Point of Beginning.
Containing an arch of 15.36 acres of land, more or less.
The above -described tract of land is shown on Exhibit "B" attached hezeto and made a part hereof
End of Description.
J-U-B ENG INEERS, Inc.
This description'%ras prepared by me or under my supervision. If any portion of this description is.modified
or removed without the written consent of Timothy Harrigan, PLS, all professional liability associated with
this document is hereby declared null and void,
11mothy Har f a,PIS 17665
Al e
Z-1
Date
17665
NVI
April 22, 2021 10-20-146_Skyview Rezone R9_1.r2,docx Pogo 2 of 2
Exhibit "D"
--------- - - - - -------------
LINE TABLE
NO. BEARING DIST. RECZ,
SOO-32'04"W 26W.Y-P- A;LWE12
SO(Y27'05"W 98.6c"
APR 2 8 20"1
L2 3 N89*32'55�W 44.06'
L3 N44' 1 4'23"W 4,18, File:
Route to:
L4 N89'1 0'00"W 207.55' S00'27,05IN 59265
--S89'1 0'00'E 8 i 8,65,
L
00"C Poe
? R=800.00'
. ...............
L4
A--12*50'00" L=1179.19' iL2
CH N84,'25'00"E '178.8,"
R=600.00'
lz
\—A&--9'59'02" L=1104.55'
C-H=N82*5931"E 104.42'
0
z
lz
i Q9.
0,
b
0
0 2.00
->09
SCALE IN FEET
N89*36'12'NV 45749'
44
q-TgE HIGHWAY
LEGEND
5
SECT ON LINE
N
......................................R9 ZONE ARE. 15,36± ACRES OF LAND
ip I
QUARTER CORNER 17665
CENTER QUARTIER CORNER OF
DIMENSION POINT
POINT! OF COMMEN(13EMENI'
Poe POINT OF BEGINNING
......... . ....
SKYVIEW SUBDIVISION
R
SHEET EZONE R9
A PORTION OF THE SOUTHWEST QUARTER OF SEC'TION 12,T4N, RlK BM 1 op: 1
E'J. TY OF EAGLE, C"')UNT
Y OF ADA, STATE OF IDAHO`
..........
Exhibit "E"
UITY OF EAGLE
4.014 jlj-. 05 COMPAMIFs
Skyvitw Subdivision - Rezone "MU" Description APR 2 9 2021
Prqject No, 10-20-146 Ilipril 22, 11021
File:
A tract of land situate in a portion of the southwest quarter of Section 12 of Township 4PRO1111C11,11
West, Boise Meridian, City of Eagle, County of Ada, State of Idaho, and being more particularly described
as follows:
Commencing at the north quarter comer of said Section 11 2; thence from said Point of Commencement,
South 00'332'04" West, coincident with the east fine of the northwest quarter of said Section 12, at distance
of 2,640.27 feet to the center quarter comer of said Section 12; thence South (V27"05" West, Coincident
with the casi line of the southwest quarter of said Section 12, a distance of 592.65 feet to the southeast
corner of the plat of Springhouse Subdivision, recorded in Book 110 of Plats, at Pages 15837 through
'5842, Ada County Records; thence continuing South 00'27'05" West, coincident with said east line, a
distance of 98.66 Feet to the Point of Beginning of this description; thence from said Point of Beginning,
leaving said east line, the following four (4) consecutive courses and distances.
1. North 89`32`55" West, a distance of 44.06 feet,
Z. North 44'14"43" West, a distance of 4.18 feet,
1 North 89'10'00" West, a distance of 207.55 feet, and
4. South (34)141'13" West, " a distance of 624.01 feet to a point on the south line of
the northeast quarter of the southwe-st quarter of said Section 12,
thence South 89'36'12" East, coincident with said south fine, a distance of 26.85 feet to a point on the
northerly right-olwayline of State Highway 44; thence leaving said south 'fine, coincident with said right-
of-way, along the arc of a non -tangent, curve to the right, concave southerly, having a radius of 5,764.58
feet, through a central angle of 2'18' 17", an arc length of42-31.87 feet, and a chord bearing North 8343'45"
East, a distance of '431.85 feet to a point of intersection of said south line with the cut line of the southwest
quarter of said Section 12; thence North 00"47'05" East, coincident with said east lime, a distance of 5592,49
feet to the Point of Beginning.
Containing an area of 3,58 acres of land, rnore or less.
The above -described tract of land is shown on Exhibit "B" attached hereto and made a part lhercof.
End of Description.
J-U-B ENGINEERS, Inc.
This desc-ption was prepared by me Or under my supervision. If any portion of this description is modified
' * r
or removed without the written consent of Timothy, Harrigan, PLS, all professional liability associated with
this document is hereby declared null and void.
Timothy Harrigat'PLKTI665
Z. 7-
Date
Apr i 1, 22, 202 1,
4
n. 17665 1M
CC
10-:20- 146_Skyview Kezone M U—r2.docx
Page i of I
2760 West Excursion Lane, Suite 4M, Nlcr4an, M 83642-5313 ?V AjvwjjL4.q2m 11 208.176,7.330
UNE TABLE
NoBEARING DIST.
11 SOO*27'05'W 98.66'
.2 N89'32'55OW 44.06'
L3 N4414'23"W i 4.18'
L4 N89'1 0'00-w 207.55'
E�
I
-4
N"
IN.
IN
Exhibit 'T"
STAfE HIGHWAY 441,
S00'32'04"W 264
File:
Route
SOO'27'05'V 592,65'
POE3
L4
L.2
L3
Q,
lz
l<
Uj
LO
In
589',36'1 2"E 26.85-
R=576458" -1--,
A,--2'18'17" L.=231-87'--1 i
i
CH—N83'43'4-5"E 23185'
LEGEND
:t
SECTION LINE
NS
------ .......... ........... RE MU ZONED AA: 3,58± ACRES OF LAND
a. QUARTER CORNER 17665
CENTER QUIARTER CORNER
0 DIMENSION POINT
0
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
:5 7,
. .. . .. . .... . ............
SKYVIEW SUBDIVISION
us
SHEET
REZONE MU
A PORTf6N OF THE SO(-I-rHWE'S"1*'Q-*L)-*A-R—T-E*-R--O--F'^-SEC TI(.)N 12, T4N, HIS: BM
1 OF 1
CITY OF EAGLE, COUNTY OF ADA Sl"ATE OF IDAHO
.......... . .......... ..............