Ordinance - 1988 - 142 - Zoning Classifications - 10/11/1988ORDINANCE NO. / Ja2
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-5 RESIDENTIAL TO C-2 AREA
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-2 Area Business
District; and
WHEREAS, the Planning and Zoning Commission of the City has, on
September 6, 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 September
27, 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 and particularly Exhibit A attached be removed from the R-5
Residential Zone classification and included in the C-2 Area
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 attached 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-2 Area Business
District Zone, all pursuant to the zoning ordinance of the City
of Eagle, Idaho.
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 (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 /1 day of October, 1988.
CITY OF EAGLE
ADA COUNTY, IDAHO
BY
MAYOR STEVE GUERBER
ATTEST:
TRBARA MON GOMERY
EAGLE CITY CLERK
�/2Cs 6/9 ..jace.e, .�c�.aita- 8370.2
Zoning Description for Lloyd Gerber
R-5 to C-2
August 8. 1988
A parcel of land situate in the Southeast Quarter of the Southeast
Quarter of Section 8, Township 4 North, Range 1 East, Boise Meridian, Eagle
City, Ada County, Idaho, being more particularly described as follows:
Commencing at the southeasterly corner of said Section 8; thence
N00°47'54"E, 1,178.9 feet (previously described as North, 17.90 chains),
more or less, along the easterly boundary of said Section 8 to the
centerline of Idaho State Highway No. 44; thence S82°02'54"W, 528.0 feet
(previously described as S81°15'W, 8 chains); thence N84°17'06"W, 697.62
feet (previously described as N85°05'W, 10.57 chains); thence S00°12'06"E
(previously described as S01°E), 74.26 feet, more or less, to the southerly
right-of-way of Idaho State Highway No. 44; thence 117.11 feet along the
southerly right-of-way of Idaho State Highway No. 44, along a curve
deflecting to the right, with a central angle of 01°09'32", a radius of
5,789.58 feet, a long chord of 117.11 feet and a long chord bearing of
N87°13'29"W to the westerly boundary of property currently zoned C-2, which
is the POINT OF BEGINNING:
Thence S00°47'25 "W. 230 feet, more or less, along the westerly
boundary of property currently zoned C-2 to the southwest corner of
said C-2 property;
Thence N85°38'33"W, 281.67 feet;
Thence N00°47'54"E (previously described as North), 230 feet,
more or less, to the southerly right-of-way of Idaho State Highway No.
44;
Thence the following courses and distances along the southerly
right-of-way of Idaho State Highway No. 44:
S85°13'06"E (previously described as S86°36'E), 37.47 feet,
more or less, to Highway Station P.S.902+01.6;
201 feet, more or less, along a spiral deflecting to the
left with a chord of 201.05 feet and a chord bearing of
S85°33'07"E to Highway Station P.S.C. 904+01.6;
43.13 feet along a curve deflecting to the left, with a
central angle of 00°25'37", a radius of 5.789.58 feet, a
long chord of 43.13 feet and a long chord bearing of
S86°25'54"E to the POINT OF BEGINNING.
Comprising approximately 64,540 square feet.
The basis of bearing for this description is the West Zone of the
Idaho State Plane Coordinate System. This description is intended for land
zoning purposes and has been prepared without benefit of land survey. Other
uses of this description is not authorized.
1-.,L't_•..1. A
Note: This map has been prepared for Land Use Planning purposes.
A property survey has not been performed.
S85 °/3'0 6 "E
37.47' -\
1
N84•1 7'06"W - 69762'
STATE STREET
SOO°/2'06"E - 74.26'
Spiral
Chord= 201.05'
CB. = S85°33'07"E
641
540 S,f
R'5 10 C-2
281.67'
N85°38'33"W
1
C-/
C-2
-.i
R L C d CB
C-1 5,789.58' 43.13' 43.13' 00°25'37" S86°28184"E
C-2 5,789158' 117.11' 11711' 01°09132" N87°13'29'4
B 8 A Engineers, Inc.
343- 3381
SUBDIVISION
--1
W SECTION$'
CORNER
W
MAP OF:
GERBER REZONE
SESE, Sec. 8, T.4N., R.IE.,
B.M., Eagle City, Idaho
Scale: In= 100'
Doter August 10, 1988
SUMMARY OF ORDINANCE NO. 142
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-5 RESIDENTIAL TO C-2 AREA
BUSINESS DISTRICT; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 142 of
the City of Eagle, Idaho, adopted on October 11, 1988, is as
follows:
Section 1: Finds and determines that the change of zoning
classification of the real property described in Section 2 from R-
5 to C-2 Area Business District is in the best interest of the
City and is in conformance with the City's Comprehensive Plan.
Section 2: Changes the zoning classification from R-5 to C-2
in the SE 1/4 of the SE 1/4, SEC. 8, T.4N., R.1E., B.M., Eagle,
Idaho, which is more particularly described below:
A parcel of land situate in the Southeast Quarter of the Southeast
Quarter of Section 8, Township 4 North, Range 1 East, Boise Meridian, Eagle
City, Ada County, Idaho, being more particularly described as follows:
Commencing at the southeasterly corner of said Section 8; thence
N00°47'54"E, 1,178.9 feet (previously described as North, 17.90 chains),
more or less, along the easterly boundary of said Section 8 to the
centerline of Idaho State Highway No. 44; thence S82°02'54"W, 528.0 feet
(previously described as S81°15'W, 8 chains); thence N84°17'06"W, 697.62
feet (previously described as N85°05'W, 10.57 chains); thence S00°12'06"E
(previously described as S01°E), 74.26 feet, more or less, to the southerly
right-of-way of Idaho State Highway No. 44; thence 117.11 feet along the
southerly right-of-way of Idaho State Highway No. 44, along a curve
deflecting to the right, with a central angle of 01°09'32", a radius of
5,789.58 feet, a long chord of 117.11 feet and a long chord bearing of
N87°13'29"W to the westerly boundary of property currently zoned C-2, which
is the POINT OF BEGINNING:
Thence S00°47'25"W, 230 feet, more or less, along the westerly
boundary of property currently zoned C-2 to the southwest corner of
said C-2 property;
Thence N85°38'33"W, 281.67 feet;
Thence N00°47'54"E (previously described as North), 230 feet,
more or less, to the southerly right-of-way of Idaho State Highway No.
44;
Page 1
Thence the following courses and distances along the southerly
right-of-way of Idaho State Highway No. 44:
S85°13'06"E (previously described as S86°36'E), 37.47 feet,
more or less, to Highway Station P.S.902+01.6;
201 feet, more or less, along a spiral deflecting to the
left with a chord of 201.05 feet and a chord bearing of
S85°33'07"E to Highway Station P.S.C. 904+01.6;
43.13 feet along a curve deflecting to the left, with a
,central angle of 00°25'37", a radius of 5,789.58 feet, a
•long chord of 43.13 feet and a long chord bearing of
S86°25'54"E to the POINT OF BEGINNING.
Comprising approximately 64,540 square feet.
The basis of bearing for this description is the West Zone of the
Idaho State Plane Coordinate System. This description is intended for land
zoning purposes and has been prepared without benefit of land survey. Other
uses of this description is not authorized.
Section 3: Amends the official zoning map of the City.
Section 4: Provides for an effective date.
The full text of Ordinance No. 142 is available at City Hall
and will be provided to any person for inspection upon personal
request during normal office hours.
DATED this llth day of October, 1988.
CITY OF EAGLE
Ada County, Idaho
By
ATTEST:
Page 2
1
Mayor
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
attached summary of Ordinance No. 142 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 `/ V day of 6ciA - , 1988.
City Attorney
Page 3
�/U
County of Ada §
§
State of Idaho §
SS.
1
PROOF OF PUBLICAlit.d
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said nev
paper once each and every week for 1 consecuti
weeks, the first publication being on the 76th day
OrtnbPr ,19 8, and the lastpublication being
the 26th day of October , 19 88
That the said newspaper has been published contig
ously and uninterruptedly in said county during a peri
of more than seventy-eight consecutive weeks prior tot
first publication of the attached notice.
Principal Clt
Subscribed and sworn to before me this 2 7th day
October , 19 88.
Residence: rt.P T
My commission expires: 3-/ 9 )
`.ztr,urtrrrar,,
D. AG
Z• <c
<c, 0„,,c), - 0000„, 1/^moi
ec
` 4 ° e�,r; R d 0o v =
-iSEAL)o F.
s
r c
aU s -:
OF
Notary Pub
SUMMARY OF ORDINANCE
NO. 142
AN ORDINANCE CHANGING THE
ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED
HEREIN FROM R-5 RESIDENTIAL
TO C-2 AREA BUSINESS DISTRICT;
AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT
SAID CHANGE; AND PROVIDING
EFFECTIVE DATE
A summary of the principal provisions
of Ordinance No. 142 of the City of Eagle,
Idaho, adopted on October 11, 1988, is as
follows:
Section 1: Finds and determines that
the change of zoning classification of the
real property described in Section 2 from
R-5 to C-2 Area Business District is in the
best interest of the City and is in confor-
mance with the City's Comprehensive
Plan.
Section 2: Changes the zoning classifi-
cation from R-5 to C-2 in theSE 1/4 of the
SE 1/4, SEC. 8, T.4N., R.IE., B.M.,
Eagle, Idaho, which is more particularly
described below:
A parcel of land situate in the Southeast
Quarter of the Southeast Quarter of Sec-
tion 8, Township 4 Nath, Range 1 East,
Boise Meridian, Eagle City, Ada County;
Idaho, being more particularly described
as follows:
Commencing at the southeasterly cor-
ner of said Section 8; thence
N00°47'54"E, 1,178.9 feet (previously
described asNorth, 17.90 chains), more or
less, along the easterly boundary of said
Section 8 to the centerline of Idaho State
Highway No. 44; thence S82°02'54"W,
528.0 feet (previously descrlbed as
S81°15'W, 8 chains); thence
N84°17'06"W, 697.62 feet (previously
described as N85°05'W, 10.57 chains);
thence SO0°12'06"E (previously de-
scribed as S01°E), 74.26 feet, more or
less, to the southedy right-of-way of
Idaho State Highway No. 44; thence
117.11 feet along the southerly right-of-
way of Idaho State Highway 44, along a
curve deflecting to the right, with a central
angle of 01°09'32", a radius of 5,789.58
feet, along chord of 117.11 feet and a long
chord bearing of N87°13'29"W to the
westerly boundary of property currently
zoned C-2, which is the POINT OF
BEGINNING:
Thence S00°47'25"W, 230 feet,
more or less, along the westerly botmd-
ary of property currently zoned C-2 to
the southwest comer of said C-2 prop-
erty;
ThenceN85°38'33"W, 281.67 feet;
Thence N00°47'54"E (previously
described as North), 230 feet, more or
less, to the southerly right-of-way of
Idaho State Highway No. 44;
Thence the following courses and
distances along the southerly right-of-
way of Idaho State Highway No. 44:
S85°13'06"E (previously de-
scribed as S86°36'E),.37.47
feet, mon: or less, to Highway
Station P.S.902+01.6;
201 feet, more or'less, along a
spiral deflecting to the left
with a chord of 201.05 feet and
a chord bearing of
S85°33'07"E t&Highway Sta-
tion P.S.C. 904+01.6;
43.13 feet along a curve de-
flecting to the left, with a cen-
tral angle of 00°25'37", a ra-
dius of 5,789.58 feet, a long
chord of 43.13 feet and a long
chord bearing of S86°25'54"
to the POINT OF BEGIN-
NING.
Comprising approximately 64,540
square feet.
The basis of bearing for this description
is the West Zone of the Idaho State Plane
Coordinate System. This description is
intended for land zoning purposes and has
been prepared without benefit of land
survey. Other uses of this description is
not authorized.
Section 3: Amends the official zoning
map of the City.
Section 4: Provides for an effective
date.
The full text of Ordinance No. 142 is
available at City Hall and will be provided
to any person for inspection upon per-
sonal request during nonnal office hours.
DATED this 11th day of October,
1988.
CITY OF EAGLE
Ada County, Idaho
By /s/ Steve Guerber
Maya
ATTEST:
/s/ Kelli G. Blair
Deputy City Clerk
CERTIFICATION OF CITY ATTOR-
NEY
I, the undersigned City Attorney for
and legal advisor to the City of Eagle,
Idaho, hereby certify that I have read the
attached summary of Ordinance No. 142
of the City of Eagle and that the same is
trueand coatplete and provides adequate
notice to the public of the contents of said
Ordinance.
DATED this 18th day of October,
1988.
/s/ Mona Dobarati
City Attorney
PUBLISH: Oct. 26, 1988m