Ordinance - 2023 - 911 - Rezone For Benari Estates Subdivision - 12/19/2023 ORDINANCE NO. 911
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) TO R-3-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, G20, LLC, and C4 Land, LLC, 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 (Agricultural) to R-3-DA-P (Residential
with a development agreement—PUD); and
WHEREAS, the property described in Exhibit"A" is located at 1770 West 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 August 15, 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 September 27, 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-3-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 A (Agricultural) zoning
classification and included in the R-3-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
K:\COUNCIL\Dralt Ordinances\ORD 911 Benari Estates.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 A (Agricultural) zoning classification and
the real property described in Exhibit "A" is hereby included in the R-3-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 19th day of December 2023.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Jas Pi rce, Mayor
i).)(
Trac . Os' rn, Eagle City Clerk : - w •
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•Page 2 of 2
K:\COUNCIL\Draf Ordinances\ORD 911 Benari Estates.doc
A141131-1- A
5awtooth Land Surveying, LLC
P: (208) 398-8104 F: (208) 398-8 105
2030 S. Washington Ave., Emmett, ID 836I 7
Benari Legal Description
BASIS OF BEARINGS is S. 00°35'37" W. between a found illegible brass cap, marking the 1/4 corner common
to Sections 7 and 8 and a found 80-foot witness corner brass cap PLS 984, marking the southeast corner of
Section 7, T. 4 N., R. 1 E., B.M.
A parcel of land located in the NE1/4 of the SE1/4 of Section 7, Township 4 North, Range 1 East, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
BEGINNING at a found illegible brass cap, marking the 1/4 corner common to Sections 7 and 8;
Thence S. 00°35'37" W., coincident with the east line of said NE1/4 of the SE1/4, a distance of 1249.47 feet to
the northerly right of way of W. State Street, marked by a 5/8" rebar with cap PLS 5710;
Thence S. 88°47'37"W., coincident with said northerly right of way, 740.16 feet to the beginning of a non-
tangent curve to right, a 5/8" rebar with cap PLS 5710;
Thence coincident with said northerly right of way, 166.68 feet along the arc of said curve, having a radius of
472.00 feet, with a central angle of 20°13'59", subtended by a chord bearing N. 63°32'03"W., 165.82 feet to a
5/8" rebar with cap PLS 5710;
Thence N. 53°25'02"W., coincident with said northerly right of way, 532.29 feet to the west line of said NE1/4 of
the SE1/4, marked by a 5/8" rebar with no cap;
Thence N. 00°26'14"E., coincident with said west line, 839.87 feet to the CE1/16 corner, marked by an aluminum
cap PLS 12722;
Thence N. 88°31'36" E., coincident with the north line of said NE1/4 of the SE1/4, a distance of 1322.84 feet to
the POINT OF BEGINNING.
Said parcel contains 35.294 acres, more or less.
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PROJECT: OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG#
BENARI SUBDIVISION EMMETT, ID 83617 121054-EX
BOUNDARY EXHIBIT CONGER GROUP P P: (208) 398-8104 PROJECT#
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ADA COUNTY, IDAHO �/w7_OOT 1 F: (208) 398-8105 121054
tSHEET
DATE: 5/2021 Land LLG WWW.SAWTOOTHLS.COM 1 OF 1
12/21/23,'1:07 PM Adportal Self Service Advertising Confirmation
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EAGLE, ID 83616
208-939-6813
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TRANSACTION REPORT
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December 24, 2023
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ORDINANCE NO.911
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A(AGRICULTURAL)TO R-3-DA-P(RES-
IDENTIAL WITH A DEVELOPMENT AGREEMENT-PUD);AMENDING THE ZON-
ING 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,G20,LLC,and C4 Land,LLC,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(Agri-
cultural)to R-3-DA-P(Residential with a development agreement-PUD);and
WHEREAS,the property described in Exhibit"A"is located at 1770 West 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 August 15,2022,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 September 27,2022,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-3-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 fT 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 A(Agricultural)zoning classification and included in the R-3-DA-P(Residen-
tial with a development agreement-RID)zoning classification pursuant to the
Zoning Ordinance of the City of Eagle. The City Council further finds and de-
termines 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 A
(Agricuitural)zoning classification and the real property described in Exhibit"A"
is hereby included in the R-3-DA-P(Residential with a development agreement
-RID)zoning classification.
Section 3: The official Zoning Map of the City of Eagle,Idaho,is hereby amend-
ed 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 news-
paper of the City.
Exhibit"B"may be viewed at Eagle City Hall,660 E.Civic Ln.,Eagle,ID 83616.
DATED this 19th day of December 2023.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County,Idaho
Jason Pierce,Mayor
ATTEST:
Tracy E.Osbom,Eagle City Clerk
Exhibit"A"
Benari Legal Description
BASIS OF BEARINGS is S.00`35'37"W.between a found illegible brass cap,
marking the 1/4 comer common to Sections 7 and 8 and a found 80-foot wit-
ness corner brass cap PLS 984,marking the southeast corner of Section 7,T.
4 N.,R.1 E.,B.M.
A parcel of land located in the NE1/4 of the SE1/4 of Section 7,Township 4
North,Range 1 East,Boise Meridian,Ada County,Idaho,more particularly de-
scribed as follows:
BEGINNING at a found illegible brass cap,marking the 1/4 corner common to
Sections 7 and 8;
Thence S.00`35'37"W.,coincident with the east line of said NE1/4 of the SE1/4,
a distance of 1249.47 feet to the northerly right of way of W.State Street,marked
by a 5/8"rebar with cap PLS 5710;
Thence S.88`47'37"W.,coincident with said northerly right of way,740.16 feet
to the beginning of a non-tangent curve to right,a 5/8"rebar with cap PLS 5710;
Them coincident with said northerly right of way, 166.68 feet along the arc
of said curve,having a radius of 472.00 feet,with a central angle of 20'13'59",
subtended by a chord bearing N.6312'03"W.,165.82 feet to a 5/8"rebar with
cap PLS 5710;
Thence N.53'25'02"W.,coincident with said northerly right of way,53229 feet
to the west line of said NE1/4 of the SE1/4,marked by a 5/8"rebar with no cap;
Thence N.0026'14"E,coincident with said west line,839.87 feet to the CE1/16
comer,marked by an aluminum cap PLS 12722;
Thence N.88''31'36"E.,coincident with the north line of said NE1/4 of the SE1/4,
a distance of 1322.84 feet to the POINT OF BEGINNING.
Said parcel contains 35294 acres,more or less.
W00000000
Publication Dates
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12/21/23;1:07 PM Adportal Self Service Advertising Confirmation
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Route to: AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
36791 503201 Print Legal Ad-1P101530010-IPL0153001 $108"60 2 90 L
Attention: Kellie Rekow Stefani Beard,being duly sworn,deposes and says:
CITY OF EAGLE/LEGALS 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
clerks@cityofeagle.org uninterruptedly published in said County during a
period of twelve consecutive months prior to the
ORDINANCE NO.911
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL first publication of the notice,a copy of which is
PROPERTY DESCRIBED HEREIN FROM A(AGRICULTURAL)TO R-3-DA-P(RES-
IDENTIAL WITH A DEVELOPMENT AGREEMENT-RID);AMENDING THE ZON- attached hereto:that said notice was published in
ING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE;PROVIDING A
SEVERABILfrY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. The Idaho Statesman,in conformitywith Section
WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and
operating under the laws of the State of Idaho;and 60-108,Idaho Code,as amended,for:
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,G20,LLC,and C4 Land,LLC,the owners of the real property situated
within the City of Eagle and particularly described In Exhibit"A"and shorn in
Exhibit"B"of this ordinance has requested,in wilting,a rezone from A(Agri-
cultural)to R-3-DA-P Residential with a development agreement-PUD);and 1 insertion(s)published on:
WHEREAS,the property described in Exhibit"A°is located at 1770 West State
Street;and 12/24/23
WHEREAS,the Planning and Zoning Commission of the City,pursuant to public
notice as required by law,held a public hearing on August 15,2022,as required
by Section 67-6509,Idaho Ovie,and made a recommendation to the Mayor
and Council;and
WHEREAS,the Eagle City Council,pursuant to public notice as required by law,
bekl a public hearing on September 27,2022,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-3-DA-P(Residential with a development agreement-PIID)for the property
described in Exhibit"A'is appropriate to meet the requirements of Halm Code,
Eagle City Code and the Eagle Comprehensive Plan and is hereby granted.
NOW THEREFORE BE fT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CRY OF EAGLEdes IDAHO,AS FOLLOWS: s..+'�" {'yitz�
Section 1:The City Council hereby finds and determines that the real properly f{rI,`rJIC
particularly described in Exhibit"A"and shown in Exhibit"B°be removed from
the A(Agricultural)zoning classification and Included In the R-3-DA-P(Residen-
tial with a development agreement-RID)zoning classification pursuant to the
Zoning Ordinance of the City of Eagle. The City Council further finds and de-
termines that sad zone change is in accordance with the Eagle Comprehensive
SondrelevantscriCdes. (Legals Clerk)
Section 2:The describedd 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
(Agricultural)zoning classification and the real property described in Exhibit"A°
is hereby included in the R-3-DA-P(Residential with a development agreement On this 27th day of December in the year of 2023 before
-RID)zoning classification.
Section 3:The official Zoning Map of the City of Eagle,Idaho,is hereby amend- me,a Notary Public,personally appeared before me
ed to reflect the foregoing change in zoning classification.
Section 4:The provisions of this ordinance are hereby declared to be severable Stefani Beard known or identified to me to be the
and if any provision of this act or the application of such provision to any person
or circumstance isdeclared invalid for any reason,such declaration shall not person whose name subscribed to the within
affect the validity of remaining portions of this ordinance.
Section 5:This ordinance shall lake effect and be in force from and after its instrument,and being by first duly sworn,declared that
ofpassage,the� I'andOne`t)paelma6n°°fma°°Inar°aI°tna°"qa era-paper the statements therein are true,and acknowledged to
Exhibit"B"may be dewed at Eagle City Hall,660 E Civic La,Eagle,ID 83616.
DATED this 19th day of December 2023. me that she executed the same.
CRY COUNCIL OF THE CITY OF EAGLE
Ada County,Idaho
Jason Pierce,Mayor
ATTEST:Tracy E.Osborn,Eagle City Cleric
Exhibit"A'
Benin Legal Description
BASIS OF BEARINGS is S.00'3517"W.between a found illegible brass cap,
marking the 1/4 marking corner common Sections 7 and 8 and a found toot wit-
ness comer brass cap PLS 984,marking the southeast corner of Section 7,T.
4 N.,R.1 E.,BM. -
A parcel of land located in the NE1/4 of the SEt/4 of Section 7,Township 4
North,Range 1 East,Boise Meridian,Ada Couny,Idaho,more particularly de-
scribed as follows:
BEGINNING at a found illegible brass cap,marking the 1/4 comer common to Notary Public in and for the state of Texas,residing in
Sections 7 and 8:
Thence S.00°35'37"W.,coincident with the east line of said NE1/4 of the SE1/4, Dallas County
a distance of 1249.47 feet to the northerly right of way of W.State Street,marked
by a 5/8"rebar with cap PLS 5710;
Thence S.88'47'37"W.,coincident with said northerly right of way,740.16 feet - `' ' - ''` "-
to the beginning ofanon-tangent cumetsright a 5/8'rebar with cap PLS 5710; ���r" �+TCT�L1��� HATCHER
Thence coincident with said northerly right of way,166.68 feet along the arc -`r r'+'- ' J i C r llrtl l IE f Iri 1 lrf7ER
of said curve,having a radius of 472.00 feet,with a central angle of 20°13'59", J. -,
11
subtended by a chord bearing N.63'32'03'W.,165.82 feet to a 5/8"rebar with i E. c :"E
M�Notar,1/1 y 1 xj 3 cry A xO6
cap PLS 5710; , •
_a:
P'I Il la`s iJ 1F .7.}7Ar�'F["tlr�@W
Thence s 532of said
1/4 of the with said marker(
by
right8 r way,with
no feet; ',fj�.� . Expires Jana ry 1 7 2026
the wrest line of said NE1/4 of coincident
SE7/4,marked a of war,53 no ce
Thence N.00 26'14°E,coincident with said west line,839.87 feet to the CE1/16
corner,marked by an aluminum cap PLS 12722; r:, n ` ,mirea. '"
Thence N.88°31'36"E.,coincident with the north line of said NE1/4 of the SE1/4,
a distance of 1322.84 feet to the POINT OF BEGINNING. Extra charge for lost or duplicate affidavits.
Sad parcel contains 35294 acres,more or less. Legal document please do not destroy!
IPL0153001
Dec 24 2023