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Ordinance - 2018 - 802 - Zone Change@2177 E Dunyon - 08/28/2018ORDINANCE NO. 802 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, Syringa Construction, 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 MU to MU -DA; and WHEREAS, the property described in Exhibit "A" is located at 2177 East Dunyon Street; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on June 4, 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 July 10, 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 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. Page 1 of 2 K:ICOUNCIUDraft Ordinances1ORD 802 Syringa LLC.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 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 28`h day of August 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 V. (11'N('11 \I )ran ( )rd mane+\{ Ik1 ) x(, \\nnea 11 C de. EXHIBIT "A" LEGAL DESCRIPTION Lots 10 and 11, Block 1, of Randall Acres Subdivision No. 15, according to the official plat thereof, filed in Book 16 of Plats at Page(s) 1040, and as Amended by an Affidavit recorded June 20, 1960 as instrument No. 481560, official records of Ada County, Idaho. Ada County Assessor ef\' -..--""/- \ / \ .. ''''- / / ...," ....„. ',...„, /'t• --.. / \ ..,"" ''-......... e,7--- •-...,,,. .-- , •-,....„... -,-. 4)4 / / , • ••••-• St / e e e ,..e / / 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 / i / I / / / e / N.:\NI.04 Mils ---. / / --...- / / / .,/ // / : - ----•—•--...._., • e . ,/- - --' '4", / -,.. . • , ..... -",- ' '-...,... ---, v. I'i ,./ l.. -,.. •-.... / •- ...,.. / 0 Map Scale: 2,400.00 ILegend — Railroad Roads (2,000 - eall other value imp Interstate - Remy Ppal Arteria Collector Minor Arterial Locala Parka P Alley Dnvevray 12 Parks Address D Condos 7 Parcels 4/24/2018 Idaho Statesman the Nara papor ut tho iteasuro VslI°y DA 1105 T,1.T CS MAN.CUM PO Box 40, Boise, ID 03707-0040 Account # 263905 Ad Number LEGAL PROOF OF PUBLICATDON 0003836030 I LEGAL NOTICE ORDINANCE NO. 802 AN OR( Identification Attention: TRACY OSBORN CITY OF EAGLE / LEGALS 660 CIVIC LANE EAGLE, ID 83616 LEGAL NOTICE ORDINANCE NO. 802 OR RECCEN:_L) FLED CITY (.�F EAGLE SEF' U 7 2U16 PO Amount Cols 0 802 5149.48 2 File: --- Routeeto. ---- - AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM MU (MIXED USE) CLAS- SIFICATION TO MU -DA (MIXED USE WITH A DEVELOPMENT AGREE- MENT); 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 organ- ized 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 Ordi- nance; and WHEREAS, Syringa Construction, LLC, the owner of the real proper- ty situated within the City of Eagle and particularly described in Ex- hibit "A" of this ordinance has requested, in writing, a rezone from MU to MU -DA; and WHEREAS, the property described in Exhibit "A" is located at 2177 East Dunyon Street; and WHEREAS, the Planning and Zoning Commission of the City, pur- suant to public notice as required by law, held a public hearing on June 4, 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 re- quired by law, held a public hearing on July 10, 2018, on the pro- posed zoning for the real property described in Exhibit "A" as re- quired by Section 67-6509, Idaho Code, made findings and deter- mined that the requested zoning classification of MU -DA for the prop- erty 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 pur- suant 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 Ex- hibit "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 MU (Mixed Use) zoning classifica- tion and the real property described in Exhibit "A" is hereby included in the MU -DA (Mixed Use with a development agreement) zoning clas- sification. Section 3. The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classifica- tion. 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 viewed at Eagle City Hall 660 E. Civic Lane Eagle, Idaho. during regular business hours. DATED this 28th day of August 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk ORDINANCE 802 EXHIBIT "A" Lots 10 and 11, Block 1, of Randall Acres Subdivision No. 15, ac- cording to the official plat thereof, filed in Book 16 of Plats at Page(s) 1040, and as Amended by an Affidavit recorded June 20, 1960 as Instrument No. 481560, official records of Ada County, Ida- ho. Pub. Sept. 5, 2018 0003836030-01 0-1 `y i_' ter, Lines 83 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 1 Insertions Beginning issue of: 09/05/2018 Ending issue of: 09/05/2018 STATE OF IDAHO ) .SS COUNTY OF ADA) On this 5th day of September 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. (4L .21 Nofary Public FOR Idaho Residing at: Boise, Idaho 14,14, My ,& R - My Commission expires b ' 7