Ordinance - 1995 - 268 - Amend Zoning Map Classification - 11/28/1995ORIGINAL
ORDINANCE NO. 268
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE R-5 (RESIDENTIAL DISTRICT)
CLASSIFICATION TO THE C-2 (GENERAL BUSINESS DISTRICT)
CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGE PURSUANT TO AN EXECUTED DEVELOPMENT AGREEMENT;
AND PROVIDING EFFECTIVE DATE.
WHEREAS, the real property particularly described in Section 2
hereinafter is presently included in the R-5 (Residential District)
Classification under the zoning ordinance of the City of Eagle, and
the owners thereof has requested a change of the zoning
classification of said property to the C-2 (General Business
District) Classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on
September 11, 1995, October 2, 1995 and October 16, 1995, pursuant
to public notice as required by law, held a public hearing on the
requested zone change, made findings and conclusions, and has
recommended to the City Council approval of the C-2 (General
Business District) Classification, and recommended a change in
zoning classification pursuant to an executed Development
Agreement; and
WHEREAS, the City Council of the City of Eagle has, on November 14,
1995, pursuant to public notice as required by law, held a public
hearing on the requested zone change, made findings and conclusions
as required by law, and has determined that the zone change,
pursuant to an executed Development Agreement which sets forth the
terms and conditions for the zoning ordinance amendment should be
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 it
is in the best interests of the public health, safety, and welfare
of the City of Eagle and the residents and property therein that
the real property particularly described in Section 2 below be
removed from the R-5 (Residential District) and included in the
C2 (General Business District) conditioned upon the execution and
recordation of the Development Agreement approved by the City
Council and execution of affidavit of property owners pursuant to
Article 4 of said agreement, all pursuant to the Zoning Ordinance
of the City of Eagle. The City Council further finds and
determines that said zone change is in conformance with the
Comprehensive Plan of the City of Eagle.
Section 2: The attached Exhibit "A" described real property, all
situated in the City of Eagle, Ada County, Idaho, is hereby removed
from the R-5 (Residential District) Classification and included in
the C-2(General Business District) 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 day of November, 1995.
ATTEST:
A
�I0>
BA":ARA MONTGOAERY
CITY OF EAGLE
ADA COUNTY, IDAHO
BY
EAGLE CITY CLERK
STEVE GUERBER, MAYOR
August 11, 1995
"EXHIBIT A"
COMPOSITE LEGAL DESCRIPTION
ALzsr fci3ON S EAGLE, IDAHO PARCEL
A parce of land Ionated in the SW 114 of the SW 1/4 of Section 9, Township 4 North,
Range 1 Farr of the Boise Meridian, being more particularly described as follows
Commencing at the Southwest comer of said Section 9-, thence South 89 D.52`48` East
65.00 feet along the South Iine of said Section 9 to the TRUE POINT OF BERG
being on the Easterly right ofway Bite of Stam Highway 55 (Eagle Road) as descnIed by
Warranty Deed to the STATE OF IDAHO, IDAHO TRANSPORTATION
DEPARLME T recorded October 11, 1994 as Instrument No. 94090844, Ada County
Deed Records; thence North 02°39`47" West 355.88 feet along said Easterly right of way
line to a. point on the south line of tbm tract of land des abed by Warranty Deed to
Mtcbaei A.Wortzuan recorded November 21, 1980 as Instrument No. 8055247, Ada
County Deed Records; thence tracing said South line South 89°52'48" East 570.49 feet
to the Southeast comer of said Wortman tract; thence North 01°01'31" East 347.18 feet
along the Westerly Fine of that tract of land described by Warranty Deed to Fred Venable
recorded December 15, 1972 as Instrument No. 829823, Ada County Deed Records to
the cerrrPr rine of a drama cf'nd; thence South 86°43'54" East 87.60 feet along said ditch
center line to the Westerly right of way line of Second Street as descanted by Warranty
Deed to ADA COUJN'LYEIGFIWAYDISTRICT recorded January 30, 1981 as:
Instrument No. 8104341, Ada County Deed Records; thence South 01°01'54 West
707.86 feet along said Westerly right of way line to a point on the South line of said
Section 9; then.. North 89°52'48' West 635.00 feet along the south rine of said Section
9 to the point of beginning.
Said parcel of land containing 5.98 acres more or less_
The basis of bearing of this description is per Project No_ F-3271(033) a highway survey
now on file in the off ce of the IDAHO TRANSPORTATION DEPARTMENT and all
other information is from record data..
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HATCHED ARCA INDICATES FUTURE
ROAD RICHT-OF-WAY AREA
CANAL SPILLWAY PARCEL
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ALBERTSON'S PYLON SION
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EAGLE ROAD
2 SITE DATA
TOTAL CROSS GUIDING AREA
TOTAL CARPMKS REQUIRED
TOTAL CARPMKS PROVIDED
TOTAL SIZE AREA
Al8CRT50N5 SITE AREA
CANAL SPRLWAY SITE AREA
LANDSCAPED AREA
INTERIOR LANDSCAPED AREA
INTERIOR SITE AREA
FUTURE DEVELOPMENT
(STATE PROPERTY
51.03. SF
• 205 ^
• 745 (•.a)aC 05;1
• 5.79 AC ./- Q 11:11:
1757.060 S F. •/-)
• 5.05 AC •/- g
(719,91D S.F 4/-)
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• 7. Ac. .1-(37.1149 S.F. ./-) 6 67 AC. •/-
(76.770 S.F. •/-) !�•f
• 7e AC ./-
(11.997 F. ./-)
• 316 AC •/-
(137,650 5F. •/-) �S9lEf
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IAV
ORDINANCE NO. 268
N ORDINANCE CHANGING THE
ONING CLASSIFICATION OF
HE REAL PROPERTY DE-
CRIBED HEREIN FROM THE R -
(RESIDENTIAL DISTRICT)
;LASSIFICATION TO THE C-2
GENERAL BUSINESS DISTRICT)
;LASSIFICATION; AMENDING
"HE ZONING MAP OF THE CITY
)F EAGLE TO REFLECT SAID
DHANGE PURSUANT TO AN EX-
ECUTED DEVELOPMENT
4GREEMENT; AND PROVIDING
EFFECTIVE DATE.
WHEREAS, the real property par-
ticularly described in Section 2 here-
inafter is presently included in the
R-5 (Residential District) Classifi-
cation under the zoning ordinance
of the City of Eagle, and the owners
thereof has requested a change of
the zoning classification of said
property to the C-2 (General Busi-
ness District) Classification; and
WHEREAS, the Planning and Zon-
ing Commission of the City has, on
September 11, 1995, October 2,
r , N\
ea 5
- ft
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—
TD • Di me
IMO 0
Zen
�-9
•••- ws '�
1995 and October 16, 1995, pursu-
ant to public notice as required by
law, held a public hearing on the
requested zone change, made find-
ings and conclusions, and has rec-
ommended to the City Council ap-
proval of the C-2 (General Busi-
ness District) Classification, and
recommended a change in zoning
classification pursuant to an ex-
ecuted Development Agreement;
and
WHEREAS, the City Council of the
City of Eagle has, on November 14,
1995, pursuant to public notice as
required by law, held a public hear-
ing on the requested zone change,
made findings and conclusions as
required by law, and has deter-
mined that the zone change, pursu-
ant to an executed Development
Agreement which sets forth the
terms and conditions for the zoning
ordinance amendment should be
granted.
NOW THEREFORE, BE IT OR-
DAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF
EAGLE, IDAHO, AS FOLLOWS:
f7
in
Section 1:The City Council hereby
finds and determines that itis in the
best interests of the public health,
safety, and welfare of the City of
Eagle and the residents and prop-
erty therein that the real property
particularly described in Section 2
below be removed from the R-5
(Residential District) and included
in the C2 (General Business Dis-
trict) conditioned upon the execu-
tion and recordation of the Develop-
ment Agreement approved by the
City Council and execution of affi-
davit of property owners pursuant to
Article 4 of said agreement, all pur-
suant to the Zoning Ordinance of
the City of Eagle. The City Council
further finds and determines that
said zone change is In conform-
ance with the Comprehensive Plan
of the City of Eagle.
Section 2:The attached Exhibit "A"
described real property, all situated
in the City of Eagle, Ada County,
Idaho, Is hereby removed from the
R-5 (Residential District) Classifi-
cation and included in the C-2 (Gen-
eral Business District) Classifica-
tion.
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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 (i)
publication of the ordinance in tfie
official newspaper of the City.
DATED this 28 day of November,
1995.
CITY OF EAGLE
ADA COUNTY, IDAHO
BY: STEVE GUERBER, MAYOR
ATTEST:
BARBARA MONTGOMERY
EAGLE CITY CLERK
Publish December 7, 1995.
"EXHIBIT A"
August 11, 1995
COMPOSITE LEGAL
DESCRIPTION
ALBERTSON'S EAGLE, IDAHO
any
z
tract thence North 01'01'31' East
347.18 feet along the Westerly line
of that tract of land described by
Warranty Deed to Fred Venable
recorded December 15, 1972 as
Instrument No. 829823, Ada County
Deed Records to the center line of a
drain ditch; thence South 86'43'54'
East 87.60 feet along said ditch
center line to the Westerly right of
way fine of Second Street as de-
scribed by Warranty Deed to ADA
COUNTY HIGHWAY DISTRICT
recorded January 30, 1981 as In-
strument No. 8104341, Ada County
Deed Records; thence South
01-01'54" West 707.86 feet along
said Westerly right of way line to a
point on the South line of said Sec-
tion 9; thence North 89'52'48' West
635.00 feet along the south line of
said Section 9 to the point of begin-
ning.
Said parcel of land containing 5.98
acres more or less.
the basis of bearing of this descrip-
tion is per Project No. F-3271(033)
a highway survey now on file in the
office of the IDAHO TRANSPOR-
TATION DEPARTMENT and all
other information Is from record data.
NOLLVD11 U1 nd dO d0021(1