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Ordinance - 2018 - 788 - Rezone From C-2 To Mu-Da Heron's Edge - 01/09/2018ORDINANCE NO. 788 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM C-2 (GENERAL BUSINESS DISTRICT) 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, 350 Edgewood Partners, LLLP, 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 C-2 to MU -DA; and WHEREAS, the property described in Exhibit "A" is located at 350, 422, and 502 South Edgewood Lane and 1600 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 May 1, 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 June 13, 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 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 C-2 (General Business District) zoning classification and included in the MU -DA (Mixed Use with a development agreement) zoning Page 1 of 2 K:\COUNCII \Draft OrdinancesVORD 788 Herons I dge.doc 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 Eagle, Ada County, Idaho, is hereby removed from the C-2 (General Business District) 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 9th day of January 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk Page 2 of 2 K:\COUNCIL\Drab Ordinances\ORD 788 Herons 1 dge floc RE -ZONE DESCRIPTION FOR HERONS EDGE APARTMENTS 11CL.clv(L, CITY OF EAGLE FEB 0 2 2017 File: Route to. A parcel of land located in the NW 1/4 of the NW 1/4 of Section 15, T.4N., R.1 E., B.M., Eagle, Ada County, Idaho more particularly described as follows: BEGINNING at the E1/4 corner of said Section 15; thence along the South boundary line of Edgewood Estates Subdivision No. 3 as filed in Book 74 of Plats at Pages 7,680 and 7,681, records of Ada County, Idaho and the westerly extension thereof South 89°41'07" East, 784.74 feet to the NW corner of Randall Acres Subdivision No. 15 as filed in Book 16 of Plats at Pages 1,040 and 1,041, records of Ada County, Idaho; thence along the West boundary line of said Randall Acres Subdivision No. 15 South 00°12'23" West, 304.78 feet; thence leaving said West boundary line North 89°43'45" West, 358.59 feet; thence South 00°26'45" West, 551.99 feet to a point on the northerly right-of-way line of E. State Street; thence along said northerly right-of-way line 38.89 feet along the arc of a non -tangent curve to the left, said curve having a radius of 340.00 feet, a central angle of 06°33'13" and a long chord of 38.87 feet which bears North 81°29'11" West to a point on the centerline of the vacated State Highway 44; thence along said centerline 328.27 feet along the arc of a non -tangent curve to the right, said curve having a radius of 34,377.48 feet, a central angle of 00°32'50" and a long chord of 328.27 feet which bears North 56°45'41" West; thence leaving said centerline North 25°25'32" East, 54.94 feet; thence North 13°05'28" East, 66.54 feet; thence 142.08 feet along the arc of a non -tangent curve to the left, said curve having a radius of 74.37 feet, a central angle of 109°27'53" and a long chord of 121.44 feet which bears North 50°24'43" West; thence North 90°00'00" West, 56.73 feet to a point on the West boundary line of said Section 15; thence along said West boundary line North 00°27'55" East, 481.88 feet to the POINT OF BEGINNING. Containing 9.24 acres, more or less. 1 1 EXHIBIT ( , EXHIBIT - B S9 S10 EDGEWOOD ESTATES SUBDIVISION NO. 3 S89'41 '07"E 784.74' _ S16 S15 HERONS EDGE APARTMENTS 9.24 ACRES 0� I I N89'43'45"W 358.59' UNPLATTED 11tC,tIVtL 61 rlL.cL CITY OF EAGLE FEB 0 2 2017 File: • Route tn. LINE TABLE LINE LENGTH BEARING L1 54.94 N25'25'32"E L2 56.73 N90'00'00"W L3 66.54 N13'05'28"E I CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. I DELTA I C1 340.00 38.89 38.87 N81'29'11 "W 6'33'13" 1 C2 34377.48 328.27 328.27 N56'45'41"W 0'32'50" I C3 74.37 142.08 121.44 N50'24'43"W 109'27'53" ICC P,nirrlt\fAnnwn4, 7OPO IR- 174\wn\P.hiniI. rvn 7/1/7017 7.49.44 PM IDAHO 1450 E. WATERTOWER ST. SURVEY MEITE 130 RIDIAN,IDAHO 83642 j209,84885T0 GROUP, P.C. 25 100 400 0 50 200 N JL SCALE: 1" = 200' EXHIBIT DRAWING FOR HERONS EDGE APARTMENTS 600 JOB NO. 16-124 SHEET NO. 1 LOCATED IN THE NW Y4 OF THE NW Y4 OF SECTION 15. DWG. DATE T.4N., R.1E., B.M., EAGLE, ADA COUNTY. IDAHO 2/1 /9017 Idaho Statesman the Neat al the T Vella, I DAHOSTAT[IMAN.COM PO Box 40, Boise, ID 83707-0040 LEGAL PROOF OF PUBLICATION Account # Ad Number Identification 0003484911 LEGAL NOTICE ORDINANCE 263905 NO. 788 AN OR[ Attention: TRACY OSBORN CITY OF EAGLE / LEGALS 660 CIVIC LANE EAGLE, ID 83616 LEGAL NOTICE ORDINANCE NO. 788 PO Ord 788 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HERE- IN FROM C-2 (GENERAL BUSINESS DISTRICT) CLASSIFICATION TO MU -DA (MIXED USE WITH A DEVEL- OPMENT 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, 350 Edgewood Partners, LLLP, the owner of the real property situated within the City of Ea gle and particularly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from C- 2 to MU -DA; and WHEREAS, the property described in Exhibit "A" is located at 350, 422, and 502 South Edgewood Lane and 1600 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 May 1, 2017, as required by Secbon 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 June 13, 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 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 C-2 (General Business District) zoning classification and included in the MU -DA (Mixed Use w;th a development agreement) zoning classification pursuant to the Zoning Ordi- nance of the City of Eagle. The City Council further finds and determines that said zone change is in ac- cordance with the Eagle Comprehensive Plan and relevant City Codes. Section 2: The descnbed real property generally l 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 C-2 (General Business District) zoning classification and the real property de- scribed 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. EXHIBIT B can be reviewed during regular business hours at Eagle City Hall 660 E. Civic Ln. Eagle, Ida- ho. DATED this 9th day of January 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk EXHIBIT A RE -ZONE DESCRIPTION FOR HERONS EDGE APARTMENTS A parcel of land located in the NW 1/4 of the NW 1/4 of Section 15, T.4N., County, Idaho more particularly described as follows: BEGINING at the NW1/4 corner of said Section 15; thence along the South boundary line of Edgewood Estates Subdivision No. 3 as filed in Book 74 of Plats at Pages 7,680 and 7,681, records of Ada County, Idaho and the westerly extension thereof South 89°41'07' East, 784.74 feet to the NW corner of Randall Acres Subdivision No. 15 as filed in Book 16 of Plats at Pages 1,040 and 1,041, records of Ada County, Idaho; thence along the West boundary line of said Randall Acres Subdivision No. 15 South 00°12'23 West, 304.78 feet; thence leaving said West boundary line North 89°43'45' West, 358.59 feet; thence South 00°26'45' West, 551.99 feet to a point on the northerly rightofway line of E. State Street; III I 3 thence along said northerly right-of-way line 38.89 feet along the arc of a non -tangent curve to the said curve havin a radius of 40.00 feet, a central angle of 06°33'13 and a long chord of 3e01 R.1E., B.M., Eagle, Ada which bears Nort 81'29'11' West to a point on the centerline of the vacated State Highway 4/p • Amount I Cols I Lines $234.76 3 91 JANICE HILDRETH, being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: 1 Insertions Beginning issue of: 01/22/2018 Ending issue of: 01/22/2018 STATE OF IDAHO ) .SS COUNTY OF ADA ) On this 22nd day of January in the year of 2018 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. IUII,Ir. AGo ose•a•o thence 358.50 feet along the arc of a non -tangent curve to the right, said curve eying$'radih bf °° . • 34 377.48 feet, a central angle of 00°35'51 and a long chord of 358.50 feet which • • 56544'10" West; 1 Public FOR Idaho dvmmi'ssion expires: Q 1 P iiikat: Boise, Idaho *ars ttlDr OTA . e 4(7I�a-1' thence leaving said centerline North 33°46'42' East, 99.01 feet; • ' y thence North 29°57'46' West 107.13 feet; thence South 90°00'00' West, 88.00 feet to a Point on the West boundary line of said Section 15' _° thence along said West boundary line North 00°27'55' East, 481.88 feet to the POINT OF B -''F"' Containing 9.34 acres, more or less. •6/'UB L1G •' c i (P • • OPub. Jan. 22, 2018 • 30034844j� 4. OF �P t,, ,,Ulna• -VIII,