ORDINANCE NO. _495_

| October 9, 2007 9:00 PM

DON AND LINDA EICKHOFF, et al ZONE CHANGE FILE #ZC328-07

AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF BONNER COUNTY BY THE RECLASSIFICATION OF LANDS GENERALLY LOCATED IN SECTION 4, TOWNSHIP 57 NORTH, RANGE 1 WEST, B.M., FROM AGRICULTURAL TO RURAL DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing on July 23, 2007 on the ZC328-07 request for a change in zoning designation according to the requirements for such hearings set forth at Section 67-6509, Idaho Code, and at Title 12, Bonner County Revised Code; and

WHEREAS, the Bonner County Planning and Zoning Commission did find that the zone change request ZC328-07 is in accordance with the Bonner County Comprehensive Plan and did recommend to the Board of County Commissioners that the zone change request be approved; and

WHEREAS, the Board of County Commissioners did hold a public hearing on August 22, 2007, on the ZC328-07 request for a change in zoning designation according to requirements of such hearings set forth at Section 67-6509, Idaho Code and at Title 12 of the Bonner County Revised Code; and

WHEREAS, the Board of County Commissioners did find that the zone change request ZC328-07 is in accordance with the Bonner County Comprehensive Plan;

NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho:

SECTION 1: AUTHORITY

This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code.

SECTION 2: AMENDING THE OFFICIAL ZONING MAP

The Official Zoning Map of Bonner County, Idaho is hereby amended by the reclassification of the following described lands from Agricultural to Rural District:

A tract of land located in a portion of Government Lots 4 and 5 and the Southwest quarter of the Northwest quarter of Section 4, Township 57 North, Range 1 West, Boise Meridian, Bonner County, Idaho, more particularly described as follows:

Commencing at the Northwest corner of said Government Lot 4;

thence North 89 degrees 58'15" East along the North line of Government Lot 4 a distance of 1327.71 feet to the Northeast corner of Government Lot 4;

thence South 0 degrees 01'22" West along the East line of Government Lot 4 a distance of 1360.72 feet to a point, said point being the true point of beginning;

thence continuing South 0 degrees 01'22" West along said East line and the East line of said Government Lot 5, a distance of 1165.44 feet to a point of non-tangent curvature on the Northerly right of way of State Highway No. 200;

thence 841.53 feet along said right of way along a curve to the left with a radius of 2924.79 feet (the chord of which bears South 49 degrees 34'29" West a distance of 838.63 feet);

thence leaving said right of way North 0 degrees 00'56" West a distance of 1706.48 feet;

thence North 89 degrees 45'06" East a distance of 639.35 feet to the true point of beginning.

AND

thence South 0 degrees 00'56" East along the West line of Government Lot 4, a distance of 1365.79 feet to a point, said point being the true point of beginning;

thence North 89 degrees 45'06" East a distance of 687.46 feet;

thence South 00 degrees 00'56" East a distance of 1706.48 feet to a point of non-tangent curvature on the Northerly right of way of State Highway No. 200;

thence along said right of way the following six (6) courses:

1. 221.78 feet along a curve to the left with a radius of 2924.79 feet (the chord of which bears South 39 degrees 09'33" West a distance of 221.73 feet);

2. North 51 degrees 44'21" West a distance of 40.00 feet;

3. South 35 degrees 20'47" West a distance of 253.91 feet;

4. South 55 degrees 29'44" East a distance of 40.00 feet;

5. South 34 degrees30'16" West a distance of 614.54 feet;

6. South 45 degrees 40'38" West a distance of 75.10 feet to a point on the West line of said Southwest quarter of the Northwest quarter of Section 4;

thence leaving said right of way North 0 degrees 00'56" West along said West line a distance of 58.51 feet to the Southerly most corner of that tract of land described in Book 174 of Deeds, Page 315, Records of Bonner County, Idaho;

thence North 34 degrees 59'04" East a distance of 486.90 feet (record = North 34 degrees 07'30" East a distance of 486.9 feet);

thence 103.80 feet along a curve to the left with a radius of 170.00 feet (the chord of which bears North 17 degrees 29'33" East a distance of 102.20 feet);

thence North 0 degrees 00'56" West a distance of 1695.69 feet (record = North 0 degrees 52'30" West a distance of 1695.6 feet);

thence South 89 degrees 59'04" West a distance of 310.00 feet (record = South 89 degrees 07'30" West a distance of 310.00 feet) to a point on the West line of said Government Lot 5;

thence North 0 degrees 00'56" West along said West line and along the West line of Government Lot 4 a distance of 388.81 feet to the true point of beginning.

SECTION 3: EFFECTIVE DATE

This ordinance shall be in full force and effect upon its passage, approval and publication in one (1) issue of the Bonner County Daily Bee Newspaper, and upon the entry of the above described zoning reclassification upon the Official Zoning Map or a Supplemental Zoning Map in accordance with the provisions set forth at Chapter 4 of Title 12 of the Bonner County Revised Code.

Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 4 day of October, 2007 , upon the following roll call vote:

Chairman Lewis Rich:

Commissioner Joseph E. Young:

Commissioner Todd J. Crossett:

BONNER COUNTY BOARD OF COMMISSIONERS

/S/ Lewis Rich, Chairman

/S/ Joseph E. Young, Commissioner

/S/ (abstained) Todd. J. Crossett, Commissioner

ATTEST: Marie Scott

By Barbara M. Aney (Deputy Clerk) October 3, 2007

Legal SNP 9023

October 9, 2007