Ordinance - 2023 - 899 - Shingle Creek Subdivision - 06/13/2023 ORDINANCE NO. 899
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL-RESIDENTIAL) AND
R-2-DA (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT) TO R-2-DA-P
(RESIDENTIAL WITH A DEVELOPMENT AGREEMENT — PUD); AMENDING THE
ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; PROVIDING A
SEVERABILITY CLAUSE; 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, Cook Brothers Construction, the owners of the real property situated within the
City of Eagle and particularly described in Exhibit "A" and shown in Exhibit `B" of this
ordinance has requested, in writing, a rezone from A-R (Agricultural-Residential) and R-2-DA
(Residential with a development agreement) to R-2-DA-P (Residential with a development
agreement—PUD); and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel numbers S0507315200 and S0507314800; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on July 18, 2022, 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 August 23, 2022, 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-2-DA-P (Residential with a development agreement—PUD)
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" and shown in Exhibit `B" be removed from the from A-R
(Agricultural-Residential) and R-2-DA (Residential with a development agreement) zoning
classifications and included in the R-2-DA-P (Residential with a development agreement—PUD)
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
KACOUNCIL\Dratt Ordinances\ORD 899 SHINGLE CREEK SUBDIVISION.doe
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 A-R (Agricultural-Residential) and R-2-
DA (Residential with a development agreement) zoning classifications and the real property
described in Exhibit "A" is hereby included in the R-2-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: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 5: 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 13t' day of June 2023.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C n
`�'17
aso Pierce, Mayor
A EST: •• .... ..,,.
Tracy E. sborn, Eagle City Cleric `L:
• �: o �Oc
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Page 2 of 2
K:\COUNCIL\Draft Ordinances\ORD 899 SHINGLE CREEK SUBDIVISION.doc
Exhibit "A"
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2308 N. Cole Rd., Suite G
A SURVEYING & MAPPING COMPANY Boise, Idaho 83704
Subdivision Boundary Description
A parcel of land lying within the Northeast of Southwest Quarter of Section 07, Township 4
North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, being more particularly
described as follows:
Commencing at the South Quarter Corner of Section 07, Township 4 North, Range 1 East, from
which the Southwest Corner of Section 07 bears North 89°49'57" West, 2,489.18 feet,
Thence along the easterly boundary of the Southwest Quarter of Section 07, North 01°11'15"
East, 1392.45 feet to its' intersection with the northerly right-of-way of State Highway 44, the
POINT OF BEGINNING,-
Thence along said northerly right-of-way, South 89°42'56" West, 329.81 feet to its' intersection
with the easterly boundary of Timberland Estates Subdivision;
Thence along said easterly boundary North 01°07'26" East, 556.72 feet to the southerly
boundary of Countryland Subdivision;
Thence along said southerly boundary the following four (4) courses:
1) South 88°53'13" East, 190.13 feet;
2) North 01°08'20" East, 46.51 feet;
3) North 66°10'58" East, 65.05 feet;
4) South 88°59'04" East, 81.28 feet to the westerly boundary of Countryside Estates
Subdivision No. 3;
Thence along said westerly boundary, South 01°11'15" West, 622.75 feet to the POINT OF
BEGINNING.
Containing 191,962 square feet or 4.406 acres, more or less.
End of Description
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DailyBeaufort Gazette The Herald-Ptck Hill el Nuevo Herald-Miami Sun News-Myrtle Beach
Belleville News-Democrat Herald Sun-Durham ModesbiD Bee The News Tribu ne Tacoma
Bellingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon
Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune
All,,MCCLATCHY Centre
Charlotte Observer Lexington Heirald-Leader Fort Worth Star-Telegram Wichita Eagle
Columbus Ledger-EnquiFer Merced Sun-Eta r The State-0DIu mbia
Fresno Bee Miami Herald Sun Herald-Biloxi
AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
36791 435613 Print Legal Ad-IPLO1279990-IPLO127999 $107.88 2 93 L
Attention: Kellie Rekow Bettina Jantzen,being duly sworn,deposes and
CITY OF EAGLE/LEGALS says:That she is the Principal Clerk of The Idaho
PO BOX 1520 Statesman,a daily newspaper printed and
EAGLE,ID 836169102 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 tothe
ORDINANCE NO.899
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL first publication of the notice,a copy of which is
PROPERTY DESCRIBED HEREIN FROM A-R(AGRICULTURAL-RESIDENTAL)
AND R-2-DA(RESIDENTIAL WITH A DEVELOPMENT AGREEMENT TO R-2-DA-P attached hereto:that said notice was published in
(RESIDENTIAL WITH A DEVELOPMENT AGREEMENT-PUD);AMENDING THE
ZONING MAP OF THE CRY OF EAGLE TO REFLECT SAID CHANGE;PROVIDING The Idaho Statesman,i n conformity with Section
A SEVERABILRY CLAUSE;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and 60-108,Idaho Code,as amended,for:
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,Cook Brothers Construction,the owners of the real property situated
within the City of Eagle and particularly described in Exhibit"A"and shown in
Exhibit"B"of this ordinance has requested,in writing,a rezone from A-R(Agri- 1 insertion(s)published on:
cultural-Residential)and R-2-DA(Residential with a development agreement)to
R-2-DA-P(Residential with a development agreement-PUD);and 06/21/23
WHEREAS,the property described in Exhibit"A"is identified by the Ada County
Assessor's Office as tax parcel numbers S0507315200 and S0507314800;and
WHEREAS,the Planning and Zoning Commission of the City,pursuant to public
notice as required by law,held a public hearing on July 18,2022,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 August 23,2022,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-2-DA-P(Residential with a development agreement-PUD)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"and shown in Exhibit"B"he removed from
the from A-R(Agricultural-Residential)and R-2-DA(Residential with a develop-
ment agreement)zoning classifications and included in the R-2-DA-P(Residen-
tial with a development agreement-PUD)zoning classification pursuant to the
Zoning Ordinance of the City of Eagle.The City Council further finds and deter-
mines that said zone change is in accordance with the Eagle Comprehensive Lega s C eY
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 On this 21th day of June in the year of 2023 before me,a
"A"all situated in the City of Eagle,Ada County,Idaho,is hereby removed from
the A-R(Agricultuml-Residential)and R-2-DA(Residential with a development
agreement)zoning classifications and the real property described in Exhibit"A" Notary Public,personally appeared before me Bettina
is hereby included in the R-2-DA-P(Residential with a development agreement
-PUD)zoning classification. Jantzen known or identified to me to be the person
Section 3:The official Zoning Map of the City of Eagle,Idaho,is hereby amend-
ed to reflect the foregoing change in zoning classification. whose name subscribed to the within instrument,and
Section 4:The provisions of this ordinance are hereby declared to be sever-
able and if any provision of this act or the application of such provision to any being by first duly sworn,declared that the statements
person or circumstance is declared invalid for any reason,such declaration
shall not affect the validity of remaining portions of this ordinance. therein are true,and acknowledged to me that she
Section 5: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 executed the same.
newspaper of the City.
Exhibit"B"can be viewed at Eagle City Hall,located at 660 E.Civic Ln.,Eagle,ID
83616 during regular business hours.
DATED this 13th day of June 2023.
CRY COUNCIL OF THE CITY OF EAGLE
Ada County,Idaho
Jason Pierce,Mayor
ATTEST:
Tracy E.Osborn,Eagle City Clerk
EXHIBIT"A-
Shln9le Creek Subdivision
A parcel of land lying within the Northeast of Southwest Quarter of Section 07,
Township 4 North,Range 1 East,Boise Meridian,City of Eagle,Ada County,
Idaho,being more particularly described as follows:
Commencing at the South Quarter Corner of Section 07,Township 4 North, Notary Public in and for the state of Texas,residing in
Range 1 East,from which the Southwest Comer of Section 07 bears North
89,49'57"West,2,489.18 feet, Dallas Count
Thence along the easterly boundary of the Southwest Quarter of Section 07, y
North 01111'15"East,1392.45 feet to its'intersection with the northerly right-of-
way of State Highway 44,the POINT OF BEGINNING;
Thence along said northerly right-of-way,South 89,42'56"West,329.81 feet to "' i+�-C LJ���
its'intersection with the easterly boundary of Timberland Estates Subdivision; ,+T r,!uq'•,, J!E PJ 1 A A IE HATCHER
Thence along said easterly boundary North 01-07'26"East,556.72 feet to the ,= - 11
souther boundary of Countryland Subdivision; -
Thence along said southerly boundary the following four(4)commis:
-*% •*- IfNotary10 , }+
1)South 88053'13"East,190.13 feet; r
2)North 01"08'20"East,46.51 feet; A ry�'�+y�
3)North 66 10'58"East,65.05 feet; " x#' f i ,++ �rCOJsi y r 1y,�7 26
4)South 88"59'04"East,8128 feet to the westerly boundary of Countryside
Estates Subdivision No.3; +£—
Thence along said westerly boundary,South 01°11'15"West,622.75 feet to the Extra charge for lost or duplicate affidavits.
POINT OF BEGINNING.Containing 191,962 square feet or 4.406 acres,more
or less.End of Description. Legal document please do not destroy)
IPLO127999 _
Jun 21 2023