Ordinance - 1995 - 262 - Zoning Classification - 06/25/1995ORIGINAL
ORDINANCE NO. 262
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE R-1 (RESIDENTIAL DISTRICT)
CLASSIFICATION TO THE C-1 (NEIGHBORHOOD 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-1 (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-1 (Neighborhood Business
District) Classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on
February 27, 1995, March 20, 1995 and April 17, 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 May 23, 1995
and June 13, 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-1 (Residential District) and included in the
C1 (Neighborhood Business District) conditioned upon the execution
of the Development Agreement approved by the City Council, 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-1 (Residential District) Classification and included in
the C-1 (Neighborhood 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 27 day of June , 1995.
CITY OF EAGLE
ADA COUNTY, IDAHO
BY
ATTEST: ea 1mmo
X049
0 + GO Nl RY ,7�`
EAGLE SIT CLERK °.g
,I, c ,'u."• _ /44ruali -,0'�
STEVE GUERBER, MAYOR
0
"EXHIBIT A"
SOUTH PORTION OF
DEED INSTRUMENT NO. 8339530
A tract of land located in the Southwest +uarter.Soutn'weg=
au=-rter of Section 21, I ownsn1p 4 North, Rance 1 East,Boise
Meridian, Ada County, State of Idaho, described as follows:
Commencing at the section corner common to Sections 20, 21,
28 and 29, Township 4 North, Range 1 East, Boise Meridian; Thence
North 89°48' East, along the section line common to Sections 21 ar.c
28, a distance of 760.20 feet to a point; Thence North 0`00' West -
40.00 feet to a steel pin; Thence North 6'40' West - 448.30 feet
to a steel pin; Thence North 2923' West - 51.72 feet to a point,
marking the REAL POINT OF BEGINNING;
Thence
Thence
Thence
Thence
Thence
Thence
Thence
BEGINNING.
South
North
North
North
South
South
South
89°48' West - 391.58 feet to a point;
0'00' Wes.. - 509.40 feet to a steel pin;
f
90;00' East - 38.80 feet to a steel pili:
0'00' East - 116.28 feet to a steel pin_
83';38'15" East - 177.76 feet to a steel pin;
0°00' East - 127.36 feet to a steel pin;
29'23' East - 313.13 feet : to the POINT OF
The above described parcel contains 4.91 acres, more or less.
This description is based on information contained .. iliCl.. S.t Deed
instrument No. 8339530, and is not the result of a survey made on
the ground.
Loveless Engineering
January 17, 1995
Rev. June 21, 1995
12A
War
2.59 ACRES
10,14,116(
4.91 ACRES ±
W. CHINDEN BLVD.
:6\1
PROOF OF PUBLICATION
County of Ada
State of Idaho
Tere Foley, being first duly sworn, on oath says she
is the principal clerk of The Valley News -Times, a
newspaper ofgeneral circulation, published weekly
at Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said
newspaper once each and every week for I
consecutive weeks, first publication being on the
6 day of -
J
, 19 957 -
That the said newspaper has been published
continuously and uninterruptedly in said county
during a period of more than seventy-eight
consecutive weeks prior to the first publication of
the attached notice.
Principal Clerk
Subsef+bed and sworn before me this % day
of
,
Notat�Public
Residence:
My commission expires,*,
(SEAL)
ORDINANCE NO. 262
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HEREIN FROM THE R-1, (RESIDENTIAL
DISTRICT) CLASSIFICATION TO THE C-1 (NEIGHBORHOOD 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-1 (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-1 (Neighborhood Business District)
classification; and
WHEREAS, the Planning and Zoning Commission of the City has on February 27,
1995, March 20.1995 and April 17, 1995, pursuant to pudic 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) dassifation, and recommended change in zoning classiftcsation
pursuant to an iecuted Development Agreement; and
WHEREAS, the City Council of the City of Eagle, has on May 23, 1995 and June
13, 1995, pursuant to public notice as required by law, and held a public hearing on
the requested zone dtange, made findings and conclusions as required by law, and
has determined that the zone change, pursuant to an executed Development
Agreement whidi sets forth the terms and conditions for the zoning ordinance
amendment should be granted.
NOT THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: The City Council thereby fmds 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-1 (Residential District) and included in the C-1
(Neighborhood Business District) conditioned upon the execution of the Development
Agreement approved by the City Council, all pursuant to the Zoning Ordinance of
the City of Eagle. The City Council further fords 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-1 (Residential District)
dassificationandincluded intheC-1 (Neighborhood Business District)Classification.
Section 3: The offical 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 27 day of June, 1995.
ATTEST:
BARBARA MONTGOMERY
EAGLE CITY CLERK
CITY OF EAGLE
ADA COUNTY, IDAHO
BY: STEVE GUERBER, MAYOR
"EXHIBIT A"
SOUTH PORTION OF
DEED INSTRUMENT NO. 8339530
A tract of land Located in the Southwest quarter, Southwest quarter of Section 31,
Township 4 North, Range 1 East, Boise Meridian, Ada County, State of Idaho
described as follows:
Commencing at the section comer common to Sections 20, 31, 28 and 29,
Township 4 North, Range 1 East, Boise Meridian; Thence , a distance of 760.20
feet toapoint; Thence North 0°00' West 40.00feet to a steel pin; Thence North 0°40'
West - 44830 feet to a steel pin; Thence North 29°23' West - 51.72 feet to a point,
marking the REAL POINT OF BEGINNING;
Thence South 89°48' West - 39138 feet to a point;
Thence North 0°00' West - 309.40 feet to a steel pin;
Thence North 90°00' East - 38.80 feet to a steel pin;
Thence North 0°00' East - 116.28 feet to a steel pin;
Thence South 83°38'15" East -177.76 feet to a steel pin;
Thence South 0°00' East -12736 feet to a steel pin;
Thence South 29°23' East - 318.18 feet to the POINT OF BEGINNING.
The above described parcel contains 4.91 acres, more or less .
This description is based on information contained in deed instrument No.
8339530 and is not the resuh of a survey made of the ground.
Loveless Engineering
January 17, 1995
Rev. June 21, 1995