Ordinance - 2017 - 783 - Rezone Of Larkin Village - 08/22/2017ORDINANCE NO. 783
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM MU (MIXED USE) CLASSIFICATION TO MU -
DA (MIXED USE 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, Paradigm Construction — Jim Larkin, 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 M -U to MU -DA; and
WHEREAS, the property described in Exhibit "A" is located at 1301 East State 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 28, 2017, 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 November 26, 2002, 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 MU (Mixed Use) zoning classification and
included in the MU -DA (Mixed Use 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 located as
specifically described in the attached legal description Exhibit "A" all situated in the City of
Page 1 of 2
K:\COUNCIL\Draft Ordinances\ORD 783 Larkin Village.doc
Eagle, Ada County, Idaho, is hereby removed from the MU (Mixed Use) zoning classification
and the real property described in Exhibit "A" is hereby included in the MU -DA (Mixed Use
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 22nd day of August 2017.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Cyunty, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Jerk
F EA tt:itt%.#
•
•
•
SEAL
C
•,'••.,� OF 1DPse
Page 2 of 2
K^•COUNCIL\Draft Ordinances`•ORD 783 Larkin Village doc
?dy �
!�[41tilt✓t t.4-1(01
December 22, 2016
Project No.: 16-116
"TATO CTDCCT
RECEIVED & FILED
CITY OF EAGLE
^ISE, ID 83714 208.519.69.9 I FAX AF6c4i016
File:
Route to.
EXHIBIT A
LEGAL DESCRIPTION FOR
REZONE TO MU -DA
A portion of the Northeast 1/4 of Section 16, Township 4 North, Range 1 East, Boise Meridian, City of Eagle,
Ada County, Idaho, and being more particularly described as follows:
Commencing at a found brass cap marking the Northeast corner of said Section 16, which bears S89°55'42"E
a distance of 2,651.53 feet from a found brass cap marking the North 1/4 corner of said Section 16, thence
following the northerly line of said Section 16, N89°55'42"W a distance of 864.47 feet to a point;
Thence leaving said northerly line, S00°04'18"W a distance of 16.84 feet to a point on the centerline of E.
State Street and being the POINT OF BEGINNING.
Thence leaving said centerline, S34°12'12"W a distance of 634.86 feet to a point on the northerly line of
Merril Subdivision No. 2 (Book 79 of Plats at Pages 8,490 through 8,494, records of Ada County);
Thence following said northerly line, N80°40'59"W a distance of 122.90 feet to a point on the easterly line of
Pacific Heights Subdivision (Book 81 of Plats at Pages 8,876 and 8,877, records of Ada County, Idaho);
Thence leaving said northerly line and following said easterly line, N34°11'12"E a distance of 686.56 feet to a
point on said centerline;
Thence following said centerline the following courses:
1. 14.93 feet along the arc of a circular curve to the right, said curve having a radius of 6,611.34 feet, a
delta angle of 00°07'46", a chord bearing of S55°53'49"E and a chord distance of 14.93 feet to a
point;
2. S55°47'48"E a distance of 96.76 feet to the POINT OF BEGINNING.
Said parcel contains a total of 1.693 acres, more or Tess, and is subject to all existing easements and/or rights-
of-way of record or implied.
Attached is hereto is EXHIBIT B, and by this reference is made a part hereof.
ENGINEERS j SURVEYORS PLANNER:
i.iww.kmenep.com
P:\16-116\CAD\SURVEY\EXHIBITS\16-116 REZONE 161222.DWG, CRAIG DRAPER, 12/22/2016, KYOCERA TASKALFA 4550CI KX.PC3, --
et
\L
FOUND BRASS CAP
\ F
qx,•STgTF
ST
•
1787.06'
N 1/4 CORNER SECTION 16
,:h
o
C1
S55°47'48'E
96.76'
N89°55'42"W 2651.53'
S00°04'181'W 864.47'
16.84' (TIE)
POINT OF COMMENCEMENT
FOUND BRASS CAP -
NE CORNER SECTION 16
POINT OF
BEGINNING
/IN
N80'40'59"W
122.90'
FzMERRIL
�Oi� N SUBDIVISION
FgG�F N No. 2
O,p \
pWLCIh9ma:1II L9
ENGINEERS. SURVEYORS. PLANNERS
9233 WEST STATE STREET
BOISE, IDAHO 83714
PHONE (208) 639-6939
FAX (208) 639-6930
DATE:
PROJECT:
12/22/2016
SHEET:
1 OF 1
16-116
1
CURVE
C1
RADIUS
6611.34'
CURVE TABLE
LENGTH
14.93'
DELTA
0'07'46"
CHORD BRG
S5553'49"E
CHORD
14.93'
LEGEND
BRASS CAP N
A CALCULATED POINT
REZONE BOUNDARY
SECTION UNE
",/r RIGHT—OF—WAY LINE
ROAD CENTERLINE 0 75 150 300
ADJACENT BOUNDARY
1"=150'
EXHIBIT B - REZONE
LARKIN VILLAGE SUBDIVISION
A PORTION OF THE NE 1/4 OF SECTION 16, T4N., R1E., B.M.
CITY OF EAGLE, ADA COUNTY, IDAHO
LEGAL NOTICE
ORDINANCE NO. 783
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HERE-
IN FROM MU (MIXED USE) CLASSIFICATION TO MU -DA (MIXED USE WITH A DEVELOPMENT AGREE-
MENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVID-
ING 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, Paradigm Construction — Jim Larkin, the owner of the real property situated within the City
of Eagle and particularlydescribed in Exhibit "A" of this ordinance has requested, in writing, a rezone
from M -U to MU -DA; and
WHEREAS, the property described in Exhibit "A" is located at 1301 East State 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 28, 2017, 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
November 26, 2002, 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 MU (Mixed Use) zoning classification and included in the MU -DA (Mixed
Use 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 generallyl as shown on Exhibit "B" and located as specifically de-
scribed in the attached legal description Exhibit A" all situated in the City of Eagle, Ada County, Idaho, is
hereby removed from the MU (Mixed Use) zoning classification and the real property described in Exhibit
"A" is hereby included in the MU -DA (Mixed Use with a development agreement) zoning classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the forego-
ing 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 22nd day of August 2017.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST: Sharon K. Bergmann, Eagle City Clerk
Project No.: 16-116
EXHIBIT A
LEGAL DESCRIPTION FOR
REZONE TO MU -DA
A portion of the Northeast 1/4 of Section 16, Township 4 North, Range 1 East, Boise Meridian, City of
Eagle, Ada County, Idaho, and being more particularly described as follows:
Commencing at a found brass cap marking the Northeast corner of said Section 16, which bears
S89°55'42"E a distance of 2,65L53 feet from a found brass cap marking the North 1/4 corner of said
Section 16, thence following the northerly line of said Section 16, N89°55'42"W a distance of 864.47
feet to a point;
Thence leaving said northerly line S00°04'18"W a distance of 16.84 feet to a point on the centerline of
E. State Street and being the POINT OF BEGINNING.
Thence leaving said centerline, S34°12'12"W a distance of 634.86 feet to a point on the northerly line
of Merril Subdivision No. 2 (Book 79 of Plats at Pages 8,490 through 8,494, records of Ada County);
Thence following said northerly line, N80°40'59"W a distance of 122.30 feet to a point on the easterly
line of Pacific Heights Subdivision (Book 81 of Plats at Pages 8,876 and 8,877, records of Ada County,
Idaho);
Thence leaving said northerly line and following said easterly line, N34°11'12"E a distance of 686.56
feet to a point on said centerline;
Thence following said centerline the following courses:
1. 14.93 feet along the arc of a circular curve to the right, said curve having a radius of 6,611.34 feet,
a delta angle of 00°07'46", a chord bearing of S55°53'49"E and a chord distance of 14.93 feet to a
point;
2. S55°47'48"E a distance of 96.76 feet to the POINT OF BEGINNING.
Said parcel contains a total of 1.693 acres, more or less, and is subject to all existing easements
and/or rights-of-way of record or implied.
Exhibit B can be reviewed during regular business hours at Eagle City Hall 660 E. Civic Ln. Eagle, ID
83616.
Pub. Aug. 16, 2017
Idaho Statesman
rh. N.0 el tlto Y ILy
1DAMOSTATCSMAN_COM
PO Box 40, Boise, ID 83707-0040
LEGAL
Account # I Ad Number
283905 0003229749 1 LEGAL NOTICE
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
PROOF
Identification
ORDINANCE NO.
OF PUBLICATIO
783 AN ORE I
PO
oRD 783
LEGAL NOTICE
ORDINANCE NO. 783
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HERE-
IN FROM MU (MIXED USE) CLASSIFICATION TO MU -DA (MIXED USE WITH A DEVELOPMENT AGREE-
MENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVID-
ING 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, Paradigm Construction - Jim Larkin, the owner of the real property situated within the City
of Eagle and particularlydescribed in Exhibit "A" of this ordinance has requested, in writing, a rezone
from M -U to MU -DA; and
WHEREAS, the property described in Exhibit "A" is located at 1301 East State 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 28, 2017, 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
November 26, 2002, 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 MU (Mixed Use) zoning classification and included in the MU -DA (Mixed
Use 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 located as specifically de-
scribed in the attached legal description Exhibit A" all situated in the City of Eagle, Ada County, Idaho, is
hereby removed from the MU (Mixed Use) zoning classification and the real property described in Exhibit
"A" is hereby included in the MU -DA (Mixed Use with a development agreement) zoning classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the forego-
ing 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 22nd day of August 2017.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST: Sharon K. Bergmann, Eagle City Clerk
Project No.: 16-116
EXHIBIT A
LEGAL DESCRIPTION FOR
REZONE TO MU -DA
A portion of the Northeast 1/4 of Section 16, Township 4 North, Range 1 East, Boise Meridian, City of
Eagle, Ada County, Idaho, and being more particularly described as follows:
Commencing at a found brass cap marking the Northeast corner of said Section 16, which bears
S89°55'42"E a distance of 2,651.53 feet from a found brass cap marking the North 1/4 corner of said
Section 16, thence following the northerly line of said Section 16, N89°55'42"W a distance of 864.47
feet to a point;
Thence leaving said northerly line S00°04'18"W a distance of 16.84 feet to a point on the centerline of
E. State Street and being the POINT OF BEGINNING.
Thence leaving said centerline, S34°12'12"W a distance of 634.86 feet to a point on the northerly line
of Merril Subdivision No. 2 (Book 79 of Plats at Pages 8,490 through 8,494, records of Ada County);
Thence following said northerly line, N80°40'59"W a distance of 122.90 feet to a point on the easterly
line of Pacific Heights Subdivision (Book 81 of Plats at Pages 8,876 and 8,877, records of Ada County,
Idaho);
Thence leaving said northerly line and following said easterly line, N34°11'12"E a distance of 686.56
feet to aoint on said centerline;
Thence following said centerline the following courses:""""" Public FOR Idaho
L 14.93 feet along Q►f
the arc of a circular curve to the right, said curve having a radius of 6,611. eet,
a delta angle of 00°07'46", a chord bearing of S55°53'49"E and a chord distance of 14.9 4te Olierng at: Boise, Idaho
point;
Said parcel contains a total of 1.693 acres, more or less, and is subject to all existing easegR 'I mi9ission expires: 0$1 �''}
and/or rights-of-way of record or implied. •R . :