Ordinance - 1989 - 147 - Change Of Zoning Classification - 01/10/1989ORDINANCE NO. 147
AN ORDINANCE• CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-5 RESIDENTIAL TO C-1 NEIGHBORHOOD
BUSINESS DISTRICT; 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 Zone
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 C-1 Neighborhood Business
District; and
WHEREAS, the Planning and Zoning Commission of the City has,
on November 21, 1988, 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 13, 1988, 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 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
of this ordinance be removed from the R-5 Residential Zone
classification and included in the C-1 Neighborhood Business
District Zone, 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
situate in the City of Eagle, Ada County, Idaho, is hereby removed
from the R-5 Residential Zone and included in the C-1 Neighborhood
Business District Zone, all pursuant to the zoning ordinance of
the City of Eagle, Idaho:
A•parcel.of land situated in a portion of Sections 8,and 17,
Township'4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, described as follows:
Page 1
Commencing at a found 5/8" rebar monumenting the East 1/4
Corner of said Section 8; thence SOUTH a distance of 2636.64
feet to a found brass cap monumenting the Section Corner
common to Sections 8, 9, 16 and 17; thence WEST a distance of
33.00 feet to a found 5/8" rebar on the westerly line of
Eagle Road; thence South 00°-07'-00" East a distance of
129.43 feet along said westerly line to the REAL POINT OF
BEGINNING.
Thence leaving said westerly line South 89°-53'-00" West a
-distance of 458.87 feet to a found 5/8" rebar,
thence South 87°-11'-55" West a distance of 127.22 feet
(formerly S87° -11'W, 127.30 feet) to a found 5/8" rebar,
thence South 21°-30'-43" West a distance of 28.28 feet
(formerly S21° -58'-25"W, 28.17 feet) to a found 5/8" rebar,
thence South 32°-34'-46" West a distance of 164.20 feet
(formerly S32° -37'W, 164.20 feet) to a found 5/8" rebar,
thence South 75°-59'-19" East a distance of 706.43 feet
(formerly S75° -57'E, 706.86 feet) to a found 5/8" rebar on
the westerly line of Eagle Road,
thence North 00°-07'-00" West a distance of 342.86 feet
along the westerly line of Eagle Road to the REAL POINT OF
BEGINNING.
The above described parcel of land contains 3.82 acres, more
or less, subject to all existing easements and rights-of-way.
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, or a summary thereof in
compliance with Section 50-901A, Idaho Code, shall be published
once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication.
DATED this /0 day of January, 1989.
Page 2
City Cler
CITY OF EAGLE
4111114,
By J -1
Mayor
County of Ada
§ ss.
State of Idaho
PROOF OF PUBLICAT ION
Marjorie Ruth Moon, being first duly sworn, o
says that she is the principal clerk of The VE
NEWS, a newspaper of general circulation, pu
weekly by Marjorie Ruth Moon, publisher, at M
County of Ada, State of Idaho;
That the annexed notice was published in saic
paper once each and every week for 1 cons
weeks the first publication being on the 1 Rth
J a n ua ry ,19 89 , and the last publication b
the 18th day of January , 19_ R9 .
That the said newspaper has been published c
ously and uninterruptedly in said county during a
of more than seventy-eight consecutive weeks pric
first publication of the attached notice.
A,„r,%! 0.�-ya-�—
Prmcipc
Subscribed and sworn to before me this 19th
January ,
Residence:
My commission expires:
(SEAL)
Notary
n oath
ORDINANCE NO. 147
AN ORDINANCE CHANGING THE
ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED
HEREIN FROM R-5 RESIDENTIAL
TO C-1 NEIGHBORHOOD BUSINESS
DISTRICT; AMENDING THE ZON-
ING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGE; AND PRO-
VIDING EFFECTIVE DATE
WHEREAS, the real property particu-
larly described in Section 2 hereinafter is
presently included in the R-5 Residential
Zone classification under the zoning ordi-
nance of the City of Eagle, and the owner
thereof has requested a change of the
zoning classification of said property to
the C-1 Neighborhood Business District;
and
WHEREAS, the Planning and Zoning
Commission of the City has, on Novem-
ber 21, 1988, 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 13,1988,
pursuant to public notice as required by
law, held public hearing on the requested
zone change, made findings and conclu-
sions as required by law, and has deter-
mined that the requested zone change
should be granted.
NOW, THEREFORE, BE IT OR-
DAINED 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 resi-
dents and property therein that the real
property particularly described in Section
2 of this ordinance be removed from the
R-5 Residential Zone classification and
included in the C-1 Neighborhood Busi-
ness District Zone, all pursuant to the
zoning ordinance of the City of Eagle.
The City Council further fmds and deter-
mines that said zone change is in confor-
mance with the Comprehensive Plan of
the City of Eagle.
Section 2: The following described
real property, all situate in the City of
Eagle, Ada County, Idaho, is hereby
removed from the R-5 Residential Zone
and included in the C-1 Neighborhood
Business District Zone, all pursuant to the
zoning ordinance of the City of Eagle,
Idaho:
A parcel of land situated in a portion
of Sections 8 and 17, Township 4
North, Range 1 East, Boise Merid-
ian, Ada County, Idaho, described
as follows:
Commencing at a found 5/8" rebar
.- ;the East 1/4 Comer of
said Section 8; thence SOUTH a
distance of 2636.64 feet to a found
brass cap monumenting the Section
Comer common to Sections 8, 9,16
and 17; thence WEST a distance of
33.00 feet to a found 5/8" rebar on
the westerly line of Eagle Road;
thence South 00°-07'-00" East a
distance of 129.43 feet along said
westerly line to the REAL POINT
OF BEGINNING.
Thence leaving said westerly line
South 89°-53'-00" West a dis-
tance of 458.87 feet to a found 5/
8" rebar,
thence South 87°-11'-55" West a
distance of 127.22 feet (formerly
S87° -11'W, 127.30 feet) to a
found 5/8" rebar,
thence South 21°-30'-43" West a
distance of 28.28 feet (formerly
S21° -58'..5"W, 28.17 feet) to a
found 5/8" rebar,
thence South 32°-34'-46" West a
distance of 164.20 feet (formerly
S32° -37'W, 164.20 feet) to a
found 5/8" rebar,
thence South 75°-59'-19" East a
distance of 706.43 feet (formerly
S75° -57'E, 706.86 feet) to a
found 5/8" rebar on the westerly
line of Eagle Road,
thence North 00°-07'-00" West a
distance of 342.86 feet along the
westerly line of Eagle Road to the
REAL POINT OF BEGINNING.
The above described parcel of land
contains 3.82 acres, more or less,
subject to all existing easements and
rights-of-way.
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, or a sum-
mary thereof in compliance with Section
50-901A, Idaho Code, shall be published
once in the official newspaper of the City,
and shall take effect immediately upon its
passage, approval, and publication.
DATED this 10th day of January,
1989.
CITY OF EAGLE
By /s/ Steve Guerber
Mayor
ATTEST:
/s/ Barbara Montgomery
City Clerk
PUBLISH: Jan. 18,1989m