Ordinance - 1991 - 178 - Zoning Classification Change - 01/08/1991ORDINANCE NO. 178
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE R-5 RESIDENTIAL CLASSIFICATION
TO R-16 RESIDENTIAL 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 R-5 Residential
classification under the zoning ordinance of the City of Eagle,
and the owner thereof has requested a change of the zoning
classification of said property to the R-16 Residential
District; and
WHEREAS, the Planning and Zoning Commission of the City has, on
October 15, 1990, 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 requested change in zoning classification; and
WHEREAS, the City Council of the City of Eagle has, on December
11, 1990, 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
requested zone change 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 interest 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 R-16 Residential District, 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 following described real property, all situated
in the City of Eagle, Ada County, Idaho, is hereby removed from
the R-5 Residential Classification and included in the R-16
Residential Classification:
Beginning at a Brass Cap, the S W corner of Section 9, T -4-
N, R -1-E, B.M., Ada County, Idaho; thence N 0% 48' E 1179.00
feet along the section line to a point; thence S 89 % 37'
30" E 720.00 feet to a point; thence S 0 48' W 187.24 feet
-Page 1-
along the centerline of Second Street to a point; thence N
89% 12' W 212.00 feet to a point, the real point of
beginning; thence continuing N 89% 12' E 118.00 feet to a
point, the N W corner of Lot 5 of the Schmelzer Addition;
thence S 0% 48' W 70.00 feet to a point; thence S 89% 12' W
118.00 feet to a point; thence N 0% 48'E 70.00 feet to a
point, the real point of beginning. Said parcel containing
8,260 sq. ft, more or less. Including any existing
easements or rights of way.
Beginning at a Brass Cap, the S W corner of Section 9, T -4-
N, R -1-E, B.M., Ada County, Idaho; thence N 0% 48' E 1179.00
feet along the section line to a point; thence S 89% 37' 30"
E 720.00 feet to a point; thence S 0% 48' W 187.24 feet
along the centerline of Second Street to a point; thence N
89% 12' W 140.00 feet to a point, the real point of
beginning; thence continuing N 89% 12' W 72.00 feet along
the N side of Lot 5 of the Schmelzer addition to a point;
thence S 9% 48' W 70.00 feet to a point; thence S 5% 00' E
219.15 feet more or less to a point on the Southerly right
of way line of the N side drain ditch (Eagle Drain) as filed
for record in the office of the Ada County Recorder, Boise,
Idaho under quitclaim deed instrument number 8804228;
thence N 84% 11' E 60.27 feet more or less along said drain
to a point; thence N 0% 48' E. 141.07 feet more or less to a
point; thence N 89% 12' W 10.00 feet to a point; thence N 0%
48' E 140.00 feet to a point, the real point of beginning.
Said parcel containing 0.45 acres, more or less. Including
any existing easements or rights of way.
Beginning at a Brass Cap, the S W corner of Section 9, T -4-
N, R -1-E. B.M., Ada County, Idaho; thence N 0% 48' E
1179.00 feet along the section line to a point; thence S 89%
37' 30" E 720.00 feet to a point; thence S 0% 48' W 187.24
feet along the centerline of Second Street to a point;
thence N 89% 12' W 330.00 feet to a point, the N W corner of
Lot 5 of the Schmelzer Addition; thence S 0% 48' W 140.00
feet to a point, the real point of beginning; thence
continuing S 0% 48' W 30.00 feet to a point, the S E corner
of the intersection of First Street and Aikens Road; thence
S 89% 12' C 128.15 feet to a point; thence N 5% 00' W 30.15
feet to a point; thence N 89 12' W 125.10 feet to a point,
the real point of beginning. Said parcel containing 3,799
square feet, more or less. Including any existing
easements or rights of way.
-Page 2-
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, or a summary thereof in conformance with Section 50-
901A, Idaho code, in the official newspaper of the City.
DATED this 8 day of January , 1991
ATTEST:
:ARBA• MONT 0 R
EAGLE CITY CLERK
CITY OF EAGLE
ADA COUNTY, IDAHO
BY
STEVE GUERBER, MAYOR
-Page 3-
SUMMARY OF
ORDINANCE 178
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE R5 RESIDENTIAL CLASSIFICATION
TO R16 RESIDENTIAL CLASSIFICATION; AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE
DATE
A summary of the principal provision of ordinance No. 178 of the
City of Eagle, Idaho, adopted on January 8, 1991,is as
follows:
Section 1: Finds and determines that the change of zoning
classification of the real property described in Section 2 from
R5 Residential Classification to R16 Residential Classification
is the best interests of the City and is in conformance with the
City's Comprehensive plan.
Section 2: Changes the zoning classification from R5 to R16
beginning at a Brass Cap, the S.W. corner of section 9, T -4-N,
R -1-E, B.M., Ada County, Idaho, including three parcels, the
first containing 8,260 sq. ft, the seconded containing 0.45
acres, and the third containing 3,799 sq. ft.
Section 3: Amends the official Zoning Map of the City.
Section 4: Provides for effective date.
The full text of Ordinance No. 178 is available at City Hall and
will be provided to any person for inspection upon personal
request during normal office hours.
DATED this 8 day of January , 1991.
CITY OF EAGLE
Ada
BY
EAGLE CITY CLERK
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for -and legal advisor to the
City of Eagle, Idaho, hereby certify that I have read the
foregoing Summary of Ordinance No. 178 of the City of Eagle and
that the same is true and complete and provides adequate notice
to the public of the contents of said ordinance.
DATED THIS 8clay of January , 1991.
Mona DobarayMMack, City Attorney
TO: VALLEY NEWS
PLEASE PUBLISH ONE TIME ONLY IN THE NEXT PUBLICATION
County of Ada
SS.
State of Idaho
PROOF OF PUBLICATION
Jayne M. Dachlet, being first duly sworn, on oath says
that she is a principal clerk of The VALLEY NEWS, a
newspaper of general circulation, published weekly at
Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said news-
paper once each and every week for consecutive
weeks, the first publication being on the i day of
E 1
,191 J ! , and the last publication being on
the :2)( day of , 19 i .
is�t
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication of the attac led notice.
Principal Clerk
Subscribed and sworn to before me this 3/J day of
9fraetvud_ , 19 9l.
Residence:
My commission expires: cf'a5-9/
(SEAL)
SUMMARY OF
ORDINANCE 178
AN ORDINANCE CHANGING
THE ZONING CLASSIFICATION OF
THE REAL PROPERTY DESCRIBED
HEREIN FROM THE R5 RESIDEN-
TIAL CLASSIFICATION TO R16
RESIDENTIAL CLASSIFICATION;
AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT
SAID CHANGE; AND PROVIDING
EFFECTIVE DATE.
A summary of the principal provi-
sions of Ordinance No. 178 of the City
of Eagle, Idaho, adopted on January 8,
1991, is as follows:
Section 1: Finds and determines that
the change of zoning classification of
the real property described in Section 2
from R5 Residential Classification to
R16 Residential Classification is in the
best interests of the City and is in con-
formance with the City's Comprehen-
sive Plan.
Section 2: Changes the zoning classi-
fication from R5 to R16 beginning at a
Brass Cap, the S.W. comer of section 9,
T -4-N, R -1-E, B.M., Ada County, Idaho,
including three parcels, the first contain-
ing 8,260 sq. ft., the second containing
0.45 acres, and the third containing
3,799 sq. ft.
Section 3: Amends the official Zon-
ing Map of the City.
Section 4: Provides for effective date.
The full text of Ordinance No. 178 is
available at City Hall and will be provid-
ed to any person for inspection upon
personal request during normal office
hours.
DATED this 8th day of January,
1991.
QTY OF EAGLE
Ada County, Idaho
BY Steve Guerber
MAYOR STEVE GUERBER
Attest:
/sI Barbara Montgomery
BARBARA MONTGOMERY
EAGLE QTY CLERK
CERTIFICATION OF QTY ATTOR-
NEY
I, the undersigned City Auomey for
and legal advisor to the City of Eagle.
Idaho, hereby certify that I have read the
foregoing Summary of Ordinance No.
178 of the City of Eagle and that the
same is true and complete and provides
adequate notice to the public of the con-
tents of said ordinance.
DATED this 8th day of January,
1991.
/slMona Dobaran Mack
MONA DOBARAN MACK
CITY ATTORNEY
Publish Jan. 31, 1991