Ordinance - 2017 - 785 - Rezone From R-4 To R-5 With Da - 09/12/2017ORDINANCE NO. 785
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO R -5 -
DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT — PUD); AMENDING THE
ZONING MAP OF THE CITY OF EAGLE TO REFLECT SMD 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, Roth Construction Inc., dba Roth Homes, 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 R -5 -DA -P; and
WHEREAS, the property described in Exhibit "A" is located at 701 West Cowman Court; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on February 21, 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 March 28, 2017, 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 -5 -DA -P 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 and
included in the R -5 -DA -P (Residential with a development agreement — PUD) zoning
classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council further
Page 1 of 2
K:\COIJNCIL\Draft Ordinances\ORD 785 VaLynn Village RZ doc
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-4 (Residential) zoning classification
and the real property described in Exhibit "A" is hereby included in the R -5 -DA -P (Residential
with a development agreement — PUD) 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 12th day of September 2017.
CITY COUNCIL OF THE CITY OF EAGLE
Ada CAunty, Idah
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City lerk
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Page 2 of 2
K 'COUNCIL\Draft Drdmances'ARD 785 VaLynn Village RZ doc
LXHIl3II "A"
Job No. 2016-057
J.B.F.
2-14-17
BOUNDARY DESCRIPTION
FOR
VaLYNN VILLAGE SUBDIVISION
Overall Boundary Description
Part of the Southwest 1/4 of the Southeast 1/4 of Section 8, Township 4 North, Range 1 East of the Boise
Meridian, City of Eagle, Idaho described as:
Commencing at a found Aluminum Cap marking the South Quarter corner of Section 8, Township 4
North, Range 1 East of the Boise Meridian, City of Eagle, Idaho and running thence N00°26'58"E 139.28
feet along the West line of the Southeast 'A of said Section to a found 5/8" rebar marking the Southeast
corner of Alderwood Village Subdivision No. 1 and on the North right-of-way line of State Highway 44 -
Eagle Alternate Route (said point being the Point of Beginning); thence N00°26'58"E 644.63 feet along
the West line of the Southeast 1/4 of said Section to a found 5/8" rebar marking a point at the Southwest
corner of Lot 11, Block 1 of Rick's River Ridge Subdivision; thence S89°31'45"E 317.96 feet to a found
5/8" rebar; thence S00°16'38"W 622.93 feet to the North right-of-way line of State Highway 44 -Eagle
Alternate Route; thence S86°35' 19"W 320.55 feet along said North right-of-way line to the Point of
Beginning.
Subdivision contains 202,115 square feet or 4.64 acres.
Ada County Assessor
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