Loading...
Ordinance - 2018 - 800 - Zoning Storage 55 - 08/14/2018ORDINANCE NO. 800 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESIDENTIAL) CLASSIFICATION TO BP -DA (BUSINESS PARK 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, Storage 55, LLC, 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 A -R to BP -DA; and WHEREAS, the property described in Exhibit "A" is located at 2871 East Hill Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on April 17, 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 27, 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 BP -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 A -R (Agricultural -Residential) zoning classification and included in the BP -DA (Business Park with a development agreement) zoning classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council further Page 1of2 K.ICOUNL II \1)r ti ( )rdin.ances\ ORD R III Storage 55 du,. finds and determines that said zone change is in accordance with the Eagle Comprehensive Plan and relevant City Codes. Section 2: The descrihed real property generally as shown on Exhihit "B" and located as specifically descrihed in the attached legal description Exhihit "A" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A -R (Agricultural -Residential) zoning classification zoning classification and the real property descrihed in Exhihit "A" is hereby included in the BP -DA (Business Park 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 he in force from and after its passage, approval, and one (1) publication of the ordinance in the official newspaper of the City. DATED this 14" day of August 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho i2 Stan Ridgeway, Mayor 0 ATTEST: 7 CA/IL{ R Sharon K. Bergmann, Eagle City/Clerk •'•c.>..{. , f (�Rt . p 'Uk I•c. f . �;• SEA •,, ,, ,, •Vo•� ',..,� OF ,,,,,,,1,,,,,,-• Pae 2of2 K W(II' V( II 11)r.tll ( )rd n. ' \( IRI) N IU \Urtdlw 55 do, Exhibit "A" Parcel 1 A tract of land in the Southeast Quarter of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of Section 10, Township 4 North, Range 1 East, Boise Meridian; thence North along the East line of Section 10, a distance of 52 feet to a point; thence North 69°30' West along the Southerly right of way of Hill Road, a distance of 692.8 feet to the POINT OF BEGINNING; thence due South parallel with the East Section line of Section 10, a distance of 294.82 feet to a point on the South line of section 10; thence due East along the South line of Section 10, 165.03 feet to a point; thence due North Parallel with the East line of Section 10, a distance of 233.11 feet to a point on the Southerly right of way of Hill Road; thence North 69°30' West along the Southerly right of way of Hill Road a distance of 176.19 feet to the REAL POINT OF BEGINNING. Parcel 2 A tract of land in the Southeast Quarter of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of Section 10, Township 4 North, Range 1 East, Boise Meridian; thence North along the East line of Section 10 a distance of 52 feet to a point; thence North 69°30' West along the Southerly right of way of Hill Road, a distance of 692.8 feet to the POINT OF BEGINNING; thence continuing North 69°30' West along the Southerly right of way of Hill Road, a distance of 145.2 feet to a point; thence due South parallel with the East line of Section 10, a distance of 345.67 feet to a point on the South line of Section 10; thence due East along the South line of Section 10, 136.02 feet to a point; thence due North parallel with the East line of Section 10, a distance of 294.8 feet to the REAL POINT OF BEGINNING. Ada County Assessor L Nih r�,y This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION OR LEGAL PURPOSES is feel O slt Legend Railroad Roads {2,000 - <all other value r_ Interstate SIM Ramp Pnnapal Atter Collector Minor Arterial Local Parks Alley Driveway Address ❑ Condos ❑ Parcels rn X u=u lco H W 0.04 Miles Map Scal .: 2,100.00 8/8/2018 Idaho Statesman rhe N.waG.P.r .1 th• t vati.T IDAi1DSTATCSMAN COM PO Box 40, Boise, ID 83707-0040 Account # 263905 Ad Number LEGAL 0003812368 I LEGAL NOTICE Attention: TRACY OSBORN CITY OF EAGLE / LEGALS 660 CIVIC LANE EAGLE, ID 83616 PROOF OF PUBLICATION Identification ORDINANCE NO. 800 AN CRC LEGAL NOTICE ORDINANCE NO. 800 PO Ord 800 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HERE- IN FROM A R (AGRICULTURAL RESIDENTIAL) CLASSIFICATION TO BP•DA (BUSINESS PARK WITH A DE- VELOPMENT 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, Storage 55, LLC, the owner of the real property situated within the City of Eagle and partic- ularly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from A -R to BP -DA; and WHEREAS, the property described in Exhibit "A" is located at 28/1 East Hill Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on April 17, 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 27, 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 BP -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 A -R (Agricultural -Residential) zoning classification and included in the BP - DA (Business Park with 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. f\ 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 frorri the A -R (Agricultural -Residential) zoning clessificetiun zoning classi(ildlion and the real property described in Exhibit "A" is hereby included in the BP -DA (Business Park 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 may be reviewed at Eagle City Hall 660 E Civic Ln Eagle, Idaho during regular business hours. DATED this 14th dayof August 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST. Sharon K Bergmann, Eagle City Clerk Exhibit "A" Parcel 1 A tract of land in the Southeast Quarter of Section 10. Township 4 North, Range 1 East, Boise Meridi- an, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of Section 10, Township 4 North, Range 1 East, Boise Meridian; thence North along the East line of Section 10, a distance of 52 feet to a point, thence North 69°30' West along the Southerly right of wayof Hill Road, a distance of 692.8 feet to the POINT OF BEGINNING, thence due South parallel with the ast Section line of Section 10, a distance of 294.82 feet to a point on the South line of section 10; thence due East along the South lino of Section 10, 165.03 feet to a point thence due North Parallel with the East line of Section 10, a distance of 233.11 feet to a point on the Southerly right of way of Hill Road; thence North 69°30' West along the Southerly right of way of Hill Road a distance of 176.19 feet to the REAL POINT OF BEGINNING Parcel_2 A tract of land in the Southeast Quarter of Section 10, township 4 North, Range 1 East, Boise Meri 'tdi- an, Ada County, Idaho, more particularly described as follows: �ttrerll/r, Commencing at the Southeast corner of Section 10, Township 4 North, Range 1 East, Boise };diar�"� G thence O `l`" North along the East line of Section 10 a distance of 52 feet to a point, thence et e: o,e eeea e, North 69°30' West along the Southerly right of way of Hill Road, a distance of 692.8 feto theys1NT OF BEGINNING, thence continuing North 69°30' West along the Southerly right of way of Hill Road, a distance of 145.2 Zet tq,`a po��int(�, TAR thence due South parallel with the East line of Section 10, a distance of 345 67 feet td;a port an the South line of Section 10, thence due East along the South line of Section 10, 136.027eet td a point.- thence oinrt thence due North parallel with the East line of Section 10, a distance of 294 8 feet to tie REL POINT OF BEGINNING. CITY OF Fite, Route to; Amount Cols Lines $227.681 3 I 88 E r AUb 2 ? 2Uijj 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 pnor 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 08/21/2018 Ending issue of 08/21/2018 Legals Clerk)947,PeigiA) STATE OF IDAHO ) SS COUNTY OF ADA ) On this 22nd day of August 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. .s,L V (tL t/�� j r Public FOR Idaho o dit3� at Boise, Idaho e+ PCommission expires D?),7 :1D,?- - I I !'i14 N UB C Pub. Aug. 21, 2018 0003;i1�'l,ta�lPso�az`' L"yeees