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Ordinance - 2024 - 934 - Northern Lights Sub Rezone - 07/23/2024ORDINANCE NO. 934 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL -RESIDENTIAL) TO R- E-DA (RESIDENTIAL -ESTATES WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and WHEREAS, Kathleen G. Hendricks, the owners of the real property situated within the City of Eagle and particularly described in Exhibit "A" and shown in Exhibit `B" of this ordinance has requested, in writing, a rezone from A-R (Agricultural -Residential) to R-E-DA (Residential - Estates with a development agreement); and WHEREAS, the property described in Exhibit "A" is located at 2636 North Rocket Bar Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 18, 2024, as required by Section 67-6509, Idaho Code, and made a recommendation to the Mayor and Council; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on April 23, 2024, on the proposed zoning for the real property described in Exhibit "A" as required by Section 67-6509, Idaho Code, made findings and determined that the requested zoning classification of R-E-DA (Residential -Estates with a development agreement) for the property described in Exhibit "A" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and is hereby 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 the real property particularly described in Exhibit "A" and shown in Exhibit `B" be removed from the A-R (Agricultural - Residential) zoning classification and included in the R-E-DA (Residential -Estates with a development agreement) zoning classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and determines that said zone change is in accordance with the Eagle Comprehensive Plan and relevant City Codes. Page 1 of 2 K:\COUNCIL\Draf Ordinances\ORD 934 - Northern Lights RZ.doc Section 2: The described real property generally as shown on Exhibit "B" and located as specifically described in the attached legal description Exhibit "A" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A-R (Agricultural -Residential) zoning classification and the real property described in Exhibit "A" is hereby included in the R-E-DA (Residential -Estates with a development agreement) zoning 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: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 5: 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 23rd day of July 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: Tracy E. Os Gl. * <{,::• T E •.• 44, 4P Eagle City Clerk S Q . 0 • C•, c� 4. c .• `%•; * ST P� %%% Page 2 of 2 K:\COUNCIL\Draft Ordinances\ORD 934 - Northern Lights RZ.doc ENGINEERING August 22, 2023 Rocket Bar Subdivision Project No. 23-132 Rezone to RE Legal Description Exhibit A A parcel of land being all of Lot 3, Block 1 of Rocket Bar Subdivision (Book 26 of Plats, Pages 1636-1637), situated in the North 1/2 of the Northwest 1/4 of Section 3, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 3, which bears N89°42'17"W a distance of 2,653.87 feet from a found aluminum cap marking the North 1/4 corner of said Section 3, thence following the northerly line of said Northwest 1/4, S89°42'17"E a distance of 1,024.39 feet; Thence leaving said northerly line, S00°17'43"W a distance of 30.00 feet to the boundary of said Lot 3, Block 1 of Rocket Bar Subdivision and being the POINT OF BEGINNING. Thence said boundary the following seven (7) courses: 1. S89°42'17"E a distance of 48.39 feet; 2. S34°21'39"E a distance of 130.41 feet; 3. 529°03'19"E a distance of 550.73 feet; 4. S14°45117"E a distance of 131.88 feet; 5. S89°29'35"W a distance of 437.19 feet; 6. NOO°29'17"W a distance of 700.58 feet; 7. 31.69 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of 90°47'00", a chord bearing of N44°54'13"E, and a chord distance of 28.48 feet to the POINT OF BEGINNING. Said parcel contains 4.527 acres, more or less, and is subject to all existing easements and/or rights -of -way of record or implied. All subdivisions, deeds, records of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com P:\23-132\CAD\SURVEY\EXHIBITS\23-132 REZONE RE.DWG, BILL HYNSON, B/22/2023, DWG TO PDF.PC3, 08.5X11 P (PDF) POINT OF COMMENCEMENT FOUND BRASS CAP NORTHWEST CORNER SECTION 3 33 34 N. Edgewood Rd. 3 1024.39' S00' 17'43'W 30.00' (TIE) Ian ENGINEERING 5725 NORTH DISCOVERY WAY BOISE, IDAHO 83713 PHONE (208) 639-6939 kmengllp.com Rocket Bar Rd. N00'29'17'W 700.58' E. Beacon Light Rd. BASIS OF BEARING N89'42'17"W 2653.87' S89'42'17"E 1629.48' 48.39' rr. O �. `Oc"` _ POINT OF BEGINNING 0 Lot 3, Block 1, Rocket Bar Subdivision REZONE AREA: 4.527± AC APN: R7533000031 PROPOSED ZONING: RE CURRENT ZONING: A—R FOUND ALUMINUM CAP NORTH 1/4 CORNER SECTION 3 T.5N., R.1E. T.4N., R.1E. s 0. oLA. 3 100 200 300 Plan Scale: 1" = 100' Lot 2 CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 20.00' 31.69' 90'47'00" N44'54'13"E 28.48' S89'29'35"W 437.19' Lot 4 l co DATE: August 2023 Exhibit B Rezone to RE PROJECT: 23-132 SHEET: 1 OF 1 Lot 3, Block 1 of Rocket Bar Subdivision, situated in the N 1/2 of the NW 1/4 of Section 3, T4N., R1E., B.M., City of Eagle, Ada County, Idaho