Ordinance - 2019 - 811 - Zone Change Wittman - 03/26/2019ORDINANCE NO. 811
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESIDENTIAL) TO R -E
(RESIDENTIAL -ESTATES); AMENDING THE ZONING MAP OF THE CITY OF EAGLE
TO REFLECT SAID CHANGE; 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, Roxanne Wittman Family Trust, the owner of the real property situated within the
City of Eagle and particularly described in Exhibit "A" of this ordinance has requested, in
writing, a rezone from A -R (Agricultural -Residential) to R -E (Residential -Estates); and
WHEREAS, the property described in Exhibit "A" is located at 2924 West Floating Feather
Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on January 7, 2019, 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 February 12, 2019, 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 (Residential -Estates) 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" be removed from the A -R (Agricultural -Residential) zoning
classification and included in the R -E (Residential -Estates) 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:ICOUNCIL1Drafl Ordinances\ORD 811 Wittman.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
(Residential -Estates) 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: 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 26th day of March 2019.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
_PA/V 72-
Stan
Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Cif j Clerk
6 0
Page 2 of 2
K\COUNCIIS[)rali Ordmames\ORl) 811 Wittman doe
EXHIBIT "A"
2924 W. Floating Feather Rd.
Rezone Description
November 23, 2018
A portion of the SW 1/4 of the SW 1/4 of Section 6, T. 4 N., R. 1 E., B.M., City
of Eagle, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap marking the Southwest corner of said
Section 6, from which a brass cap marking the South 1/4 corner of said Section
6 bears, North 89°26'58" East, 2648.43 feet; thence along the South boundary
of said Section 6, North 89°26'58" East, 451.61 feet to the REAL POINT OF
BEGINNING;
thence North 05°12'30" East, 229.09 feet;
thence North 70°40'58" East, 627.84 feet;
thence South 00°33'00" East, 429.92 feet to the South boundary of said
Section 6;
thence South 89°26'58" West, 617.44 feet to the REAL POINT OF
BEGINNING.
Containing 198,154 square feet or 4.55 acres, more or Tess.
End of Description.
Ada County Assessor
N Me( loan Rd
IN Montero S:
1111
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Mapcale: 2,400.00 3/15/2019
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Idaho Statesman
Keeping you connected 1 IdahoStatesman.com
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0004157591 I ORDINANCE NO. 811 AN ORDINANCE CHAN
AFFIDAVIT OF PUBLICATION
Identification
Attention: Tracy Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO- 811
AN ORDINANCE CHANGING THE
ZONING CLASSIFICATION OF
THE REAL PROPERTY DESCRI
BED HEREIN FROM AR
(AGRICULTURAL -RESIDENTIAL)
TO R -E (RESIDENTIAL ESTATES):
AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO RE-
FLECT SAID CHANGE; AND PRO
VIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Ida-
ho is a municipal corporation or
ganized and operating under the
laws of the Slate 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
Zonin Ordinance: and
WHEREAS, Roxanne Wittman
Family Trust. the owner of the re
al property situated within the
City of Eagle and particularly de-
scribed in -Exhibit 'A" of this ordi-
nance has requested, to writing,
a rezone from A -R !Agricultural -
Residential) to R -E IResddential.
Estates): and
WHEREAS. the properly descri-
bed in Cxhibit "A' is located at
2924 'Nest Floating Feather
Road; and
WHEREAS, the Planning and Zon-
ing Commission of the City, pur
suet to public notice as re-
quired by law, held a public hear-
ing on January 7. 2019. as re
quired by Secton 67.6509, Ida-
ho
daho Code, and made a recom-
mendation to the Mayor and
Council; and
WHEREAS, the Eagle City Coun-
cil. pursuant to public notice as
required by law, held a public
hearing on February 12, 2019,
on the proposed zoning tor the
real property described in Exhibit
'A'as required by Section 67-
6509, Idaho Code, made find-
ings and determined that the re
quested zoning classification of
RC (Residential -Estates) for the
property described in Exhibit 'A"
is appropriate to meet the re-
quirements of Idaho Code. Eagle
City Code and the Eagle Compre-
hensive Plari and is hereby grant-
ed.
NOW THEREFORE. BE IT OR
DAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF EA-
GLE. IDAHO. AS FOLLOWS:
Section 1: The City Council
PC)
ORDINANCE NO. 811
RECEIVED & FILED
CITY OF EAGLE
Amount
$149.96
Cols
Depth
1656 In
VICTORIA RODELA, being duly sworn,
deposes and says That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto. that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for
1 Insertions
Beginning issue of. 04/04/2019
Ending issue of: 04/0-4/2019
it
(Legals Clerk)
On this 4th day of April in the year of
2019 before me, a Notary Public,
personally appeared before me
Victona Rodela known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true, and acknowledged to me
that she executed the same.
`-"Notary Public
ARCiA exas, re idi
C4iRtSTINE G
My Notary ID it 131795128
Expires November 13, 2()22
L
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
C
n and for the state of '
in Dallas County
hereby finds and determines that
the real property particularly de-
scribed in Exhc `A" be re-
moved from the A R (Agricultural -
Residential) zoning classification
and included in the RE
(Residential -Estates) zoning clas-
sification 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.
Section 2: The described real
property generally as shown on
Exhibit "B and located as specif-
ically described in the attached
legal description Exhibit "A" all
situated in the City of Eagle, Ada
County, Idaho, is hereby re-
moved from the A -R (Agricultural
Residential) zoning classification
and the real property described
in Exhibit "A" is hereby included
in the RE (Residential -Estates)
zoning classification.
Section 3: The official Zoning
Map of the City of Eagle, Idaho,
is hereby amended to reflect the
foregoing change in zoning clas-
sification.
Section 4: This ordinance shall
take effect and be in force from
and after its passage, approval,
and one (1) publication of the or-
dinance in the official newspaper
of the City.
DATED this 26th day of March
2019.
CITY COUNCIL OF THE CITY OF
EAGLE
Ma County, Idaho
Stan Ridgeway, Mayor
ATTEST: Sharon K. Bergmann,
Eagle City Clerk
Exhibit B may be viewed at Eagle
City Hail, 660 E. Civic Ln. Eagle,
Idaho, during regular business
hours.
Exhibit A
2924 W. Floating Feather Rd.
Rezone Description
November 23, 2018
A portion of the SW 1/4 of the
SW 1/4 of Section 6. T. 4 N., R.
1 E., B.M., City of Eagle, Ada
County, Idaho. more particularly
described as follows:
Commencing at a brass cap
marking the Southwest corner of
said Section 6, from which a
brass cap marking the South
1/4 corner of said Section 6
bears. North 89°26'58' East,
2648.43 feet; thence along the
South boundary of said Section
6, North 89°26'58' East.
451.61 feet to the REAL POINT
OF BEGINNING;
thence North 05°12'30' East,
229.09 feet: thence North
70°40'58' East, 627.84 feet;
thence South 00°33'00' East,
429.92 feet to the South boun-
dary of said Section 6; thence
South 89°26'58' West. 617.44
feet to the REAL POINT OF BE-
GINNING. Containing 198,154
square feet or 4.55 acres, more
or fess. End of Description.
0004157591-01