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Ordinance - 2026 - 975 - Changing The Zoining Classification Of Alturas Eagle Marketplace - 08/25/2026Ada County Recorder Trent Tripple 2026-066529 Boise, Idaho Pgs= 6 cfowler 09/02/2026 01:13:35 PM CITY OF EAGLE $0.00 Electronically Recorded ORDINANCE NO.975 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM C-1-DA (NEIGHBORHOOD BUSINESS DISTRICT WITH A DEVELOPMENT AGREEMENT) TO C-2-DA (GENERAL BUSINESS DISTRICT 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, Alturas Eagle Marketplace, LLC, 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 C-1-DA'(Neighborhood Business District with a development agreement) to C-2-DA (General Business District with a development agreement); and WHEREAS, the property described in Exhibit "A" is located at 3314 East Chinden Boulevard; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on June 15, 2026, 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 July 28, 2026, 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 C-2-DA (General Business District 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 C-1-DA (Neighborhood Business District with development agreement) zoning classification and included in the C-2-DA (General Business District 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 KAPlanning Dept\Eagle Applicationa\RZ&A\l995\RZ-95 MODS - Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\05.Ordinance\ORD 975 Eagle Marketplace 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 C-1-DA (Neighborhood Business District with development agreement) zoning classification and the real property described in Exhibit "A" is hereby included in the C-2-DA (General Business District 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 25th day of August 2026. CITY COUNCIL OF TFjjWTY OF EAGLE Ada Count-v. Idah Brad Pike, ATTEST: Tracy E.�`sborn, Eagle City Clerk •..•• %1V OF �'•.. Ve c.• q L 1.. 0 „s Page 2 of 2 KAPlanning Dept\Eagle Applications\RZ&A\1995\RZ-95 MOD5 - Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\05-Ordinance\ORD 975 Eagle Marketplace Rezone.doc = ACKERMAN � ESTVOLD lz\ AUGUST 3, 2026 THE HABIT BURGER EXHIBIT A LEGAL DESCRIPTION W\ A parcel of land situated in a portion of the southwest quarter of the southwest quarter of Section 21, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of said Section 21; thence along the south line of last said southwest quarter N89°48'00"E a distance of 291.20 feet to a point the Point of Beginning; thence N00927'44"W a distance of 271.01 feet; thence N89948'00"E a distance of 228.00 feet; thence S00927'44"E a distance of 271.01 feet to a point on the south line of last said southwest quarter; thence on last said south line S89948'00"W a distance of 228.02 feet; thence N00900'00"E a distance of 28.01 feet; thence S89948"00"W a distance of 10.00 feet; thence S00900'00"W a distance of 58.01 feet to a point on the south line of the last said southwest quarter; thence on last said south line S89948"00"W a distance of 0.01 feet to the Point of Beginning. Said parcel contains 61,209 Square Feet (1.405 Acres), more or less. CEN,SF 18350 HEADQUARTERS 3315 45TH ST S 3210 27TH ST W 1907 17TH ST SE SUITE 100 SUITE 200 MINOT, ND 58701 FARGO, ND 58104 WILLISTON, ND 58801 701.837.8737 701.551.1250 701.577.4127 7655 W RIVERSIDE DR GARDEN CITY, ID 83714 208.853.6470 Exhibit B UNPLATTED 20 21 N89° 48' 00"E - 291.20' 29 28 UNPLATTED �S89* 48'0-10.00' c1 o o� co co N W W 00 00 O Z O O `O O UNPLATTED 1U) Z� S89° 48' 00"V S89° 48' 00"W - 0.01' N89° 48' 00"E - 228.00' DETAIL A 1"=20' o �o N N i W V � ti n N N Z DETAIL A S89° 48' 00"W - 218.00' SCALE (H): 1"= 100' PROJECT NO. sCALE(V): N/A ACKERMAN R26164 DRAWN BY: AMC ESTVOLD lr= THE HABIT BURGER DESIGNED BY: AMC € ZONING EXHIBIT CHECKED BY: AMC 7655 W Riverside Dr • Garden City, ID 83714 Fa 208.853.6470 • www.ackerman-estvold.com 1 OF 1 DATE: 08/03/2026 - - S.H. 20 / CHINDEN BLVD �J ENSFOS � N 18350 OF ON/O M G McClatchy The Beaufort Gazette The Belleville News -Democrat Bellingham Herald Centre Daily Times Sun Herald Idaho Statesman Bradenton Herald The Charlotte Observer The State Ledger -Enquirer Durham I The Herald -Sun Fort Worth Star -Telegram The Fresno Bee The Island Packet The Kansas City Star Lexington Herald -Leader The Telegraph - Macon Merced Sun -Star Miami Herald El Nuevo Herald AFFIDAVIT OF PUBLICATION The Modesto Bee The Sun News - Myrtle Beach Raleigh News & Observer Rock Hill I The Herald The Sacramento Bee San Luis Obispo Tribune Tacoma I The News Tribune Tri-City Herald The Wichita Eagle The Olympian Account # Order Number Identification Order PO Cols Depth 51379 IPLO370113 Legal Ad - IPLO370113 ORD 975 Eagle Marketplace Rezone 3.0 153.OL ATTENTION: CITY OF EAGLE / LEGALS IP PO BOX 1520 EAGLE, ID 83616 finance@cityofeagle.org; hcsencsits@cityofeagle.org;efalco@cityofeagle.org --------------------------------------------------------------------- OFtDINANCB NO.975 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM C-1- DA (NEIGHBORHOOD BUSINESS DISTRICT WITH A DEVELOPMENT AGREEMEN I TO C-2-DA (GENERAL BUSINESS DISTRICT 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 Cade, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and WHEREAS, Ahuras Eagle Marketplace, LL.C, 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 wriling, a rezone from C-1-DA (Neighborhood Business District with a development agreement) to C-2-DA (General Business District with a development agreement); and WHEREAS, the property described In Exhibit "A" Is located at 3314 East Chlnden Boulevard; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, had a public hearing on June 15, 2026, 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 July 28, 2026, 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 C-2-DA (General Business District 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 CRY OF EAGLE, IDAHO, AS FOLLOWS Section 1: The City Council hereby finds and determines that the real property particularly described In Exhibit "A" and Shawn in Exhibit "B" be removed from the C-1-DA (Neighborhood Business District with development agreement) zoning clawillcatlon and included In the C-2-DA (General Business District 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. Section 2: The described real property generally as shown on Exhibit "B" and located as specifically described in the at- tached legal description Exhibit "A" all situated In the City of Eagle, Ada County, Idaho, is hereby removed from the C-1-DA (Neighborhood Business District with development agreement) zoning classification and the real property described In Ex- hlblt "A" Is hereby Included In the C-2-DA (General Business District with a development agreement) zoning classification. Section 9: 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. Exhibit "B" can be viewed at Eagle City Hall located at 660 E. Civic Lane, Eagle, Idaho, 83616 during regular business hours. DATED this 25th day of August 2026. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: Tracy E. Osborn, Eagle City Clerk EXHIBIT A LEGAL DESCRIPTION A parcel of land situated In a portion of the southwest quarter of the southwest quarter of Section 21, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more particularly described as follows: Commencing at the southwest comer of said Section 21; thence along the south line of last said southwest quarter N89"48100"E a distance of 29120 feet to a point the Point of Beginning; thence N0012744'W a distance of 271.01 feet; thence N89048'00"E a distance of 228.00 feet; thence S00127'44"E a distance of 271.01 feet to a point on the south line of last said southwest quarter; thence on last said south line S89148'00"W a distance of 228.02 feet; thence N00-00'00"E a distance of 28.01 feet; thence S89148"00'W a distance of 10.00 feet; thence S00100'00'W a distance of 58.01 feet to a point on the south line of the last said southwest quarter; thence on last said south line S89148"00"W a distance of 0.01 feet to the Point of B"Inning. the undersigned, being duly sworn, deposes and says: That he/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 contin- uously 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: 1.0 insertion(s) published on: 08/30/26 Print Print Tearsheet Link Marketplace Link Mary Castro OICITALLY SI� Mary Castro Amanda Rodela '� SIGNED ED �NEp Sworn to and subscribed before me on Aug 31, 2026, 9:49 AM ED'I ..aN.. a.nra macs.... Noma... ���«_�/ nv CC.mMIS510N1 "(35511)a}L Online Notary Public. This notarial act involved the use of online audio/video communication technology. Notarisation facilitated by SIGNiX" Said parcel contains 61,209 Square Feet (1.405 Acres), more or less. IPLO370113 Aug 30 2026 ORDINANCE NO. 975 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM C-1- DA (NEIGHBORHOOD BUSINESS DISTRICT WITH A DEVELOPMENT AGREEMENT) TO C-2-DA (GENERAL BUSINESS DISTRICT 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, Alturas Eagle Marketplace, LLC, the owners of the real property situated within the City of Eagle and particularty described in Exhibit "A" and shown in Exhibit "B" of this ordinance has requested, in writing, a rezone from C-1-DA (Neighborhood Business District with a development agreement) to C-2-DA (General Business District with a development agreement); and WHEREAS, the property described in Exhibit "A" is located at 3314 East Chinden Boulevard; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, hell a public hearing on June 15, 2026, 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 July 28, 2026, 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 C-2-DA (General Business District 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 I 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 C-1-DA (Neighborhood Business District with development agreement) zoning classification and included in the C-2-DA (General Business District 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. Section 2: The described real property generally as shown on Exhibit "B" and located as specifically described in the at- tached legal description Exhibit "A" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the C-1-DA (Neighborhood Business District with development agreement) zoning classification and the real property described in Ex- hibit "A" is hereby included in the C-2-DA (General Business District 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. Exhibit "B" can be viewed at Eagle City Hall located at 660 E. Civic Lane, Eagle, Idaho, 83616 during regular business hours. DATED this 25th day of August 2026. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: Tracy E. Osbom, Eagle City Clerk EXHIBIT A LEGAL DESCRIPTION A parcel of land situated in a portion of the southwest quarter of the southwest quarter of Section 21, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more particularly described as follows: Commencing at the southwest comer of said Section 21; thence along the south line of last said southwest quarter N89148'00"E a distance of 291.20 feet to a point the Point of Beginning; thence N00 27'44"W a distance of 271.01 feet; thence N89,48'00"E a distance of 228.00 feet; thence S002744"E a distance of 271.01 feet to a point on the south line of last said southwest quarter; thence on last said south line S89148'00"W a distance of 228.02 feet; thence N00100'00"E a distance of 28.01 feet; thence S89"48"00"W a distance of 10.00 feet; thence S00100'00"W a distance of 58.01 feet to a point on the south line of the last said southwest quarter; thence on last said south line S89°48"00"W a distance of 0.01 feet to the Point of Beginning. Said parcel contains 61,209 Square Feet (1.405 Acres), more or less. IPLO370113 Aug 30 2026