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Ordinance - 2025 - 958 - Peak Condo Storage Rezone - 09/23/2025 N'1 ORDINANCE NO 958A ORDINANCE NO. 958 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A-R (AGRICULTURAL RURAL), BP-P (BUSINESS PARK WITH A PUD), AND RUT (RURAL-URBAN TRANSITION — ADA COUNTY DESIGNATION) TO BP-DA (BUSINESS PARK 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, the owner 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), BP-P (Business Park with a PUD), and RUT (Rural- Urban Transition — Ada County Designation) to BP-DA (Business Park with a Development Agreement); and WHEREAS, the property described in Exhibit "A" is located at parcels S0510449304, S0515110102, and S0515110235; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 17, 2025, 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 May 13, 2025, 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 BP-DA(Business Park 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 on Exhibit `B" be removed from the A-R (Agricultural Residential), BP-P (Business Park with a PUD), and RUT (Rural-Urban Transition — Ada County Designation) zoning classifications and included in the BP-DA (Business Park 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\Draft Ordinances\ORD 958 Peak Condo Storage Rezone.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), BP-P (Business Park with a PUD), and RUT (Rural -Urban Transition — Ada County Designation) zoning classifications and is hereby included in the BP-DA (Business Park 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 September 2025. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: Tracy E. Osborn, Eagle City Clerk Page 2 of 2 K:\COUNCIL\Draft Ordinances`.ORD 958 Peak Condo Storage Rezone.doc km- E N G I N E E R I N G January 6, 2025 Project No. 24-267 Rezone Legal Description Exhibit A A parcel of land situated in a portion of the Northeast 1/4 of the Northeast 1/4 of Section 15 and a portion of the Southeast 1/4 of the Southeast 1/4 of Section 10, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho and being more particularly described as follows: BEGINNING at a found aluminum cap marking the Northeast corner of said Section 15, which bears N00°36'54"E a distance of 1,321.89 feet from a found 5/8-inch rebar marking the North 1/16 corner of said Section 15, thence following the easterly line of said Northeast 1/4 of the Northeast 1/4, 500°36'54"W a distance of 661.00 feet; Thence leaving said easterly line and following the southerly boundary of a parcel of land as described in Warranty Deed per Instrument No.104113113, N89'42'56"W a distance of 1,326.38 feet to a found 5/8-inch rebar on the easterly right-of-way of State Highway 55; Thence leaving said southerly Warranty Deed boundary and following said easterly right-of-way the following two (2) courses: 1. N00'33'05"E a distance of 330.80 feet to a found aluminum cap; 2. N01'50'21"E a distance of 330.51 feet to a found 5/8-inch rebar on the northerly section line of said Section 15; Thence leaving said easterly right-of-way and following said northerly line, S89°42'26"E a distance of 1,056.68 feet to a found 5/8-inch rebar; Thence leaving said northerly line and following the easterly boundary of a parcel of land as described in Warranty Deed per instrument No. 2015-082130, N06°29'11"E a distance of 174.27 feet to the centerline of Hill Road; Thence leaving said easterly Warranty Deed boundary and following said centerline, S71°45'31"E a distance of 258.43 feet to the easterly line of said Southeast 1/4 of the Southeast 1/4; Thence leaving said centerline and following said easterly line, S01°18'14"W a distance of 93.62 feet to the POINT OF BEGINNING. Said parcel contains 20.896 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. At L A Np 19 Ck p�5 ��CENSEQ Gc o6 9�F OF 1a� Q�<< HYhAS) 11412025 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939 • kmengllp.com P:\24.257 URVEY�CAD\aHIBnW4-267 REZONE.DWG. KOBEZIMMERMAN, 1/6/21325, DWG TO PDF,PC3,083XI1 L [PDF] r m G) m z 0 O r�T7 D O O D O Z Z O < r m r- 2 O y r rri -0 c -< z ;U Z z m o m c a r Z CD D Z —I D X m ;CI D � r z m m z co cD m m N Ui V) c o D (Tt N n O O L,i Z Op O ' O N00'33'05"E 330.80' r r z m (n O m r 0 m z -i -P() D r -- m (o o CA -N{ D N m zz� N V) rDD O O U1 U1 U1 U1 F-� h CL fD O 0 r fv N rr vi N n State Highway 55 NO 1'50'21 "E 330.51 ' n o = D D N° N Z Z C -to O rD O= Ln N =r N 00� P 60CL(D a)0 DNF' I+ =5 I U1 O o D PCN � O Cn n W ;;0OCO3 m 0)�00� 00 D rt Z I O O O 70 mm 00 z� z m sX S00'36'54"W 661.00 F- _ _ NOO'36— 54"E 1321.89' BASIS OF BEARING Horseshoe Bend Road 000 2 � m 1- 174.27' c� �nCM) L4 ZZ�z Z L+ z Q Z 0 � � O —R/w L1 N N O Z = 2 > =oZ O m Exhibit B z°a- m Rezone mm=Z _o m o3no m fl `"-n " ❑ m 'T7 > Y z �-' Situated in a portion of the NEl/4 of the NE1/4 of Section 15 and a portion of the SE1/4 of the Z ti o SE1/4 of Section 10, Towship 4 North, Range 1 East, B.M., City of Eagle, Ada County, Idaho O Title: I Date: 01-06-2025 Scale: 1 inch = 200 feet File: Deed Plottendes Tract 1: 20.896 Acres: 910219 Sq Feet: CIosure = s09.5723e 0.01 Feet: Precision=1/336499: Perimeter = 4232 Feet 001=s00.3654w 661.00 004=n01.502le 330.51 007=s71.453le 258.43 002=n89.4256w 1326.38 005=s89.4226e 1056.68 008=s01.1814w 93.62 003=n00.3305e 330.80 006=n06.291 I 174.27