Ordinance - 1993 - 224 - Zoning Classifications - 07/13/1993ORDINANCE NO. 224
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AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE AR (AGRICULTURAL -RESIDENTIAL
DISTRICT) CLASSIFICATION TO THE R-1 (RESIDENTIAL DISTRICT)
CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE DATE
WHEREAS, the real property particularly described in Section 2
hereinafter is presently included in the AR (Agricultural -
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 R-3 (Residential
District) classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on
April 5, 1993 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 denial of the
R-3 Residential District classification, and recommended no change
from the AR (Agricultural -Residential District) zoning
classification; and
WHEREAS, the City Council of the City of Eagle has, on May 11,
1993, May 25, 1993, June 8, 1993 and June 22, 1993, 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 request is not in
accordance with the Eagle Comprehensive Plan and City Codes and
that the rezoning request from an AR (Agricultural -Residential
District) classification to R3 (Residential District)
classification is denied. The City Council of Eagle further
determined that a zone change from AR (Agricultural -Residential
District) classification to R1 (Residential District)
classification is in accordance with the Eagle Comprehensive Plan
and City codes and that it is appropriate to approve a rezone from
AR (Agricultural -Residential District) classification to an Ri
(Residential District) classification and, 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 AR (Agricultural -Residential District)
classification and included in the R-1 (Residential District)
classification all pursuant to the Zoning Ordinance of the City of
Eagle conditioned upon the execution of a development agreement as
required by the City Council at its June 22, 1993 meeting. 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 described real property, known as Exhibit "A"
attached, all situated in the City of Eagle, Ada County, Idaho, is
hereby removed from the AR (Agricultural -Residential)
classification and included in the R1 (Residential 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 13 day of July , 1993.
CITY OF EAGLE
ADA COUNTY, IDAHO
ST E GUERBER, MAYOR
ATTEST:
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BARBARA MONT 0MiRY MC :�.
CITY OF EAGLE �" L�
EXHIBIT "A"
ROGER C. CRANDLEMIRE PROPERTY
REVISED
A parcel of land being all of Lot 29 and a portion of Lot 12 of Academy Place
Subdivision as shown on the plat thereof recorded in Book 4 of Plats at page 155 of Ada
County Records and a portion of the SE1/4 of the NW1/4, a portion of the S1/2 of the
SW1/4 and the NE1/4 of the SW1/4, all in Section 5, T.4N., R.1E., B.M., Ada County,
Idaho, more particularly described as follows:
BEGINNING at the Section Corner common to Sections 5, 6, 7, and 8 of said
T.4N., R.1E. being marked by a brass cap monument;
thence North 0°20'52" West on the West line of said Section 5 for a distance of
1315.54 feet to the South 1/16th corner common to said Sections 5 and 6;
thence South 89°18'33" East on the North line of the SW1/4 of the SW1/4 of said
Section 5, said line also being the South line of said Academy Place Subdivision for a
distance of 663.62 feet to a 5/8" iron pin marking the Southwest corner of Lot 29 of said
Academy Place Subdivision;
thence North 26°35'59" East (formerly described as North 26°36'27" East) on the
Westerly lot line of said Lot 29 for a distance of 1463.99 feet to the Center West 1 /16th
Corner of said Section 5, said point also being the lot corner common to Lots 12 and 29
of said Academy Place Subdivision;
thence North 0°20'52" West (formerly described as North 1°09'14" West) on the
Westerly lot line of said Lot 12 for a distance of 412.50 feet to a 5/8" iron pin;
thence South 89°22'30" East (formerly described as North 89°49'08" East) for a
distance of 8.00 feet to a 5/8" iron pin;
thence South 0°20'52" East (formerly described as South 1°09'14" East) for a
distance of 412.50 feet to a 5/8" iron pin on the South line of Lot 12 of said Academy
Place Subdivision, also being the North line of the SW1/4 of said Section 5;
thence South 89°22'30" East on the North line of said SW1/4 for a distance of
1319.15 feet to the aluminum cap marking the Center 1/4 Corner of said Section 5;
Page 1 of 2
thence South 0°21'17" East on the North-South centerline of said Section for a
distance of 1335.01 feet;
thence South 89°38'43" West for a distance of 1192.04 feet;
thence South 0°21'05" East for a distance of 1279.04 feet to a point on the Section
Line common to said Sections 5 and 8;
thence North 89°14'37" West along said Section Line, said line also being the
centerline of W. Floating Feather Road, for a distance of 1462.39 feet to the REAL POINT
OF BEGINNING, containing 95.18 acres, more or Tess.
Subject to a Prescriptive Easement for W. Floating Feather Road.
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-ROGER C. CF:ANDLErlIRE.
PROPERTY
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C=?ROOF OF PUBLICATIDN
being first duly sworn, on oath says that
;ipal clerk of THE VALLEY NEWS, a
;eneral circulation, published weekly at
ity of Ada, State of Idaho;
xi notice was published in said newspaper
every week for
1 consecutive
lblication being on the o242" day of
, 1993 , and the last publication
day of ,1993.
newspaper has been published continuously
Redly in said county during aperiod of more
eight consecutive weeks prior to the fust
f the attached notice.
•
Principal Clerk
tnd sworn before me this��
x_,19 7z
Notary Public
day of
4Leze.zieze/Jzoc/PD
sionexpires: /Y�9/
(SEAL)
i
AN ORDINANCE NO. 224
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY
DESCRIBED HEREIN FROM THE AR (AGRICULTURAL -RESIDENTIAL DISTRICT)
CLASSIFICATION TO THE R-1 (RESIDENTIAL DISTRICT) CLASSIFICATION; AMENDING THE
ZONGING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING
EFFECTIVE DATE
WHEREAS, the real property particularly described in Section 2 hereinafter is presently included in the AR
(Agricultural -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 R-3 (Residential
District) classification; and
WHEREAS, the Planning and zoning commission of the City has, on Apnl 5,1993 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 denial of the R-3 Residential District classification, and recommended
no change from the AR (Agricultural -Residential District) zoning classification; and
WHEREAS, the City Council of the City of Eagle has, on May II, 1993, May 25, 1993, June 8,1993 and
June 22, 1993, pursuant to public notice as required by law, held a public hearing on the requested zone
change, made fmdings and conclusions as required by law, and has determined that the zone change request
is not in accordance with the Eagle Comprehensive Pian and City Codes and that the rezoning request from
an AR (Agricultural Residential District) classification to R3 (Residential District) dassification is denied.
The City Council of Eagle further determined that a zone change firm AR (Agricultural -Residential District)
classification to RI (Residential District) classification is in accordance with the Eagle Comprehensive Plan
and City codes and that it is appropriate to approve a rezone from AR (Agricultural -Residential District)
classification to an RI (Residential District) classification and, 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 AR (Agricultural -Residential District)
classification and included in the R-1 (Residential District) classification all pursuant to the Zoning
Ordinance of the City of Eagle conditioned upoa the execution of a development agreement as required by
the City Council at its June 22,1993 meeting. The City Council further fords and determines that said zone
thence South 89'38'43" West for a distance of 1192.04 feet;
thence South 0'21'05" East fora distance of 1279.04 feet to a point on the Secticp
Line common to said Sections 5 and 8;
thence North 89'14'37" West along said Section Line, siad line also being tht
centerline of W. Floating Feather Road, for a distance of 1462.39 feet to the REAL
POINT of BEGINNING, containing 95.18 acres, more or less.
Subject to a Prescriptive Easement for W. Floating Feather Road.
Publish July 22, 1993.
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change is in conformance with the Comprehensive Plan of
Section 2: The described real property, known as Exhibit "A
Ada County, Idaho, is hereby removed from the AR (Ag
included in the RI (Residential District) classification.
Section 3: The official Zoning Map of the City of Eagle,
foregoing change in zoning classification.
Section 4; This ordinance shall take effect and be in force frr
(1) publication of the ordinance in the official newspaper o
DATED this 13 day of July, 1993.
CITY OF EAGLE
ADA COUNTY,1DAHa
BY /s/STEVE GUERBER, MAYOR
ATTEST:
/s/BARBARA MONTGOMERY, CMC
CITY OF EAGLE
EXHIBIT "A"
ROGER C. CRANDLEMIRE
REVISED
A parcel of land being all of Lot 29 and a portico of '
shown on the plat therof recorded in Book 4 of Plats at page
of the SE 1 /4 of the N W I /4, a portion of the S la of the S W 1 /4
5, T.4N., R. IE., B.M., Ada County, Idaho, more particular
Continued on page 15
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