Loading...
Ordinance - 2018 - 797 - Rezone Senora Creek Subd No. 4 - 07/24/2018ORDINANCE NO. 797 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R -E (RESIDENTIAL -ESTATES) CLASSIFICATION TO R -3 -DA (RESIDENTIAL 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, Michael and Jeannette Stephenson Revocable Living Trust, dated October 2014, 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 -E to R -3 -DA; and WHEREAS, the property described in Exhibit "A" is located at 889 North Park Lane; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on April 16, 2018, 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 May 22, 2018, 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 -3 -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 R -E (Residential -Estates) zoning classification and included in the R -3 -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. Page 1 of 2 K:1CUUNCll.U)rall ()n1inances\ORI) 797 Senora Crick No. 4 K% 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 -E (Residential -Estates) zoning classification and the real property described in Exhibit "A" is hereby included in the R -3 -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: 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 241x) day of July 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan idgeway, Mayor ATTEST: `-6:;'%`0RAi .. :L' �' : -0(: St. P'1':: o CL"-1~4.-2------ ei F ----- l . j,..... ., •.1\(I Rt{K)R0•\� b+ Sharon K. Bergmann, Eagle City- Ierk '••,,T'1TE O� ♦ „, Page 2 of 2 K('(11' NC1111)r.dt 1 hdin.tr , 1ORD 797 New. ( red, N. 4IU dot. Exhibit "A" DESCRIPTION FOR SENORA CREEK SUBDIVISION NO. 4 A re -subdivision of Lot 2, Block 2 of Ray's Acres Subdivision as is filed in Book 30 of Plats at Pages 1,890 and 1,891 records of Ada County, Idaho, located in the NE 1/4 of the NW 1/4 of Section 12, T.4N., R.1 W., B.M., Eagle, Ada County, Idaho more particularly described as follows: Commencing at the N1/4 corner of Section 12 from which the NW corner of Section 12 bears North 89°22'37" West, 2641.62 feet; thence along the North-South centerline of said Section 12 South 00°32'05' West, 1,050.49 feet; thence leaving said North-South centerline and along the North boundary line of said Lot 2 and the easterly extension thereof North 89°20'49" West, 414.23 feet to the REAL POINT OF BEGINNING; thence leaving said North boundary line South 01°05'49" West, 269.75 feet to a point on the North boundary line of Senora Creek Subdivision No. 3 as is filed in Book 112 of Plats at Pages 16,268 through 13,270, records of Ada County, Idaho; thence along said North boundary line and the North boundary line of Senora Creek Subdivision No. 2 as is filed in Book 100 of Plats at Pages 13,111 through 13,117, records of Ada County, Idaho North 89°21'33" West, 431.01 feet to the SW corner of said Lot 2; thence leaving said North boundary line and along the West boundary line of said Lot 2 North 02°54'36" East, 270.04 feet to the NW corner of said Lot 2; thence along the North boundary line of said Lot 2 South 89°20'49" East, 422.47 feet to the REAL POINT OF BEGINNING. Containing 2.64 acres, more or Tess. IandpiroDATA Senora EXHIBIT B ision EATHER RD N WELDON PL wBRIAR ROCK CT .Y PEAR DR I�� i z 1 J - f 1 Nov 12, 2017 - IandproDATA.com Scale: 1 inch approx 300 feet RECEIVED & FILED CITY OF EAGLE NOV 1 6 2017 Q �!e leuto to: - Ws, GUARO DR 3IV`dNIIONN W CARDON ST Z i I lDFt T - N PARK LN 1 tl1 4 °4155.88" N 116°24'06.12" W W 1 The materials available at this website are for informational niirnncac nnly anri rin not ennctiriita a IPnat rinriimant Idaho Statesman th• N•m of th• i• V•111.T 1 DAMOSTATCSMAM COM PO Box 40, Boise, ID 83707.0040 Account a 263905 Ad Number LEGAL 0003782206 I LEGAL NOTICE Attention: TRACY OSBORN CITY OF EAGLE / LEGALS 660 CIVIC LANE EAGLE, ID 83616 PROOF OF PUBLICATION Identification ORDINANCE NO 797 AN ORE 'a,Stet1Sf,,,,, d! g,,./\i>I RECEIVED & FILED CITY OF EAGLE AUii 0 2 2018 File:._,. Route PO Amount Cols Ord 797 5225.32 3 Lines 87 JANICE HILDRETH, being duly sworn, 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: Insertions Beginning issue of 07/31/2018 Ending issue of 07/31/2018 _Th1 Wribil egals Clerk) STATE OF IDAHO ) COUNTY OF ADA ) SS On this 31st day of July 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 s e executed the same. 4LA.A N tary Public FOR Idaho Residing at Boise. Idaho My Commission expires 24u (26LU LEGAL NU I iCE ORDINANCE NO. 797 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HERE- IN FROM R -E (RESIDENTIAL -ESTATES) CLASSIFICATION TO R -3 -DA (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT)• AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING All 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, Michael and Jeannette Stephenson Revocable Living Trust, dated October 2014, the owner of the real property situated within the City of Eagle and particularly described in Exhibit "A" of this ordi- nance has requested, in writing a rezone from R -E to R -3 -DA; and WHEREAS, the property described in Exhibit "A" is located at 889 North Park Lane; and WHEREAS, the Planning and Zoning Commission of the City pursuant to public notice as required by law, held a public hearing on April 16, 2018, 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 laws held aa public hearing on May 22, 2018, on the proposed zoning for the real property described in Exhibit A as required by Sec- tion 67-6509, Idaho Code, made findings and determined that the requested zoning classification of R -3 - DA for the property described in Exhibit "A" is appropriate to meet the requirements of Idaho Code, Ea- gle 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 -E (Residential -Estates) zoning classification and included in the R -3 -DA (Residential with. a development areement) zoning classification pursuant to the Zoning Ordinance of the City of Eagle. The City Councilfurther 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 R -E (Residential -Estates) zoning classification and the real property described in Exhibit "A" is hereby included in the R -3 -DA (Residential with a development agreement) zoning classifi- cation. 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 may be reviewed at Eagle City Hall 660 E. Civic Ln. Eagle, ldahoduring regular business hours. DATED this 24th day of July 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk Exhibit "A" DESCRIPTION FOR SENORA CREEK SUBDIVISION NO. 4 A re -subdivision of Lot 2, Block 2 of Ray's Acres Subdivision as is filed in Book 30 of Plats at Pages 1 1,890 and 1,891 records of Ada County, Idaho, located in the NE 1/4 of the NW 1/4 of Section 12, T.4N., R.1W., B.M., Eagle, Ada County, Idaho more particularly described as follows: Commencing at the N1/4 corner of Section 12 from which the NW corner of Section 12 bears North 89°22'3T West, 2641.62 feet; thence along the North-South centerline of said Section 12 South 00°32'05' West, 1,050.49 feet; thence leaving said North-South centerline and along the North boundary line of said Lot 2 and the east- erly extension thereof North 89°20'49' West, 414.23 feet to the REAL POINT OF BEGINNING; thence leaving said North boundary line South 01°05'49' West,. 269.75 feet to a point on the North boundary line of Senora Creek Subdivision No. 3 as is filed in Book 112 of Plats at Pages 16,268 through 13,270, records of Ada County, Idaho; thence along said North boundary line and the North boundary line of Senora Creek Subdivision No. 2 as is filed in Book 100 of Plats at Pages 13,111 through 13,117, records of Ada County, Idaho North 89°21'33" West, 431.01 feet to the SW corner of said Lot 2; thence leaving said North boundary line and along the West boundary line of said Lot 2 North 02°54'36' East, 270.04 feet to the NW comer of said Lot 2; thence along the North boundary line of said Lot 2 South 89°20'49" East, 422.47 feet to the REAL POINT OF BEGINNING. Containing 2.64 acres, more or less. Pub. July 31, 2018 0003782206 1