Ordinance - 2005 - 503 - Amending Title 8 Neighborhood Meetings - 01/11/2005ORIGINAL
ORDINANCE # 503
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING
EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 7 "ZONING
ADMINISTRATION AND ENFORCEMENT", SECTION 8, "NOTICE
REQUIREMENTS"; 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, the City of Eagle finds that it is in the best interest of the City to
ensure that the public is provided information and ample notice regarding proposed
changes within the community; 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
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Title 8 "Zoning", Chapter 7 "Zoning Administration
and Enforcement", Section 8 "Notice Requirements" is amended to add the underlined
text and to delete the strikethrough text as follows:
A. Public Hearings: On every land use action for which notice is provided below, both
the planning and zoning commission and the city council shall hold a public hearing
in which interested persons shall have an opportunity to be heard. No notice of a city
council hearing shall be given prior to receiving a recommendation from the planning
and zoning commission. Following any hearing, if a material change from what was
advertised in the notice and presented at the public hearing is proposed, further notice
and hearing shall be provided before the final decision is made.
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for
comprehensive plan amendments, variances, conditional uses, zoning ordinance map
amendments, and subdivisions.
1. Meeting Requirements:
a. It shall be the sole duty of the applicant to provide mailed written
notice, in a form deemed appropriate bv the Zoning Administrator, to all property
owners or purchasers of record owning property within a three hundred foot (300'1
radius of the exterior boundary of the application property, and to all contiguous
homeowner's associations and any neighborhood associations deemed appropriate bv
the Zoning Administrator. Notice of a neighborhood meeting shall be in addition to,
and not in lieu of, mailed radius notices already required by this title, except when
notice of a neighborhood meeting is required of two hundred (200) or more property
owners or purchasers of record, alternate forms of notice may be provided as deemed
appropriate bv the Zoning Administrator. The neighborhood meeting written notice
shall be provided bv mail a minimum of fifteen (15) business days prior to the
scheduled neighborhood meeting.
b. The purpose of the neighborhood meeting shall be to review the
proposed project.
(1) Meetings shall be on a Saturday between ten o'clock (10:00)
AM and seven o'clock (7:00) PM, or on a weekday between
six o'clock (6:00) PM and eight o'clock (8:00) PM. The
meeting shall not be on a holiday, a holiday weekend or the
day before or after a holiday or holiday weekend.
(2) The meeting shall be held either on the application property, at
the nearest public meeting place, or at an office space with
suitable meeting facilities if such facilities are within the City
of Eagle Area of Impact boundary.
c. The neighborhood meeting shall be conducted prior to the submittal
of the application and not more than six (6) months prior to the public hearing.
d. Application materials shall include a written verification of the
neighborhood meeting and a dated copy of notice provided to affected property
owners.
CB. Published And Mailed Notice for Comprehensive Plan and Zoning and Subdivision
Ordinance Text Enactments, Amendments, And Repeals: At least fifteen (15) days
prior to each hearing, notice of the time and place of the hearing and a summary of
the proposed action shall be published in the official newspaper or paper of general
circulation within the city. Notice shall also be made available to other papers, radio,
and television stations serving the city for use as a public service announcement.
Notice shall be sent to all political subdivisions providing services within the city,
including school districts, at least fifteen (15) days prior to the public hearing.
DG. Published And Mailed Notice For Comprehensive Plan Land Use Map Amendment,
Zoning Ordinance Map Amendment, Development Agreement, Conditional Use
Permit, Variance, Planned Unit Development, And Subdivision: At least fifteen (15)
days prior to each hearing, notice of the time and place of the hearing and a summary
of the request and proposed action shall be published in the official newspaper or
paper of general circulation within the city. Notice shall also be made available to
other papers, radio, and television stations serving the city for use as a public service
announcement.
At least fifteen (15) days prior to the hearing, additional notice shall be provided by
mail to political subdivisions providing services, including school districts, and to
property owners and purchasers of record of the land being considered, of land within
a three hundred feet (300') perimeter of i- the exterior boundary of the application
property, and of any additional area that may be impacted by the proposed change as
determined by the zoning administrator or planning and zoning commission. When
notice is required to two hundred (200) or more property owners or purchasers of
record, in lieu of the mail notification, three (3) notices in the official newspaper or
paper of general circulation is sufficient; provided, that the third notice appears ten
(10) days prior to the public hearing.
ED. Posted Notice: Except as noted within this subsection, any time notice is required
under subsection C of this section, the land being considered shall be posted not less
than ten (10) days prior to the planning and zoning commission hearing and again not
less than ten (10) days prior to the city council hearing. For comprehensive plan land
use map amendments and/or zoning ordinance map amendments consisting of
changes to more than ten (10) parcels of land posted notice shall not be required
unless all parcels under request for amendment are contiguous and if the parcels abut
a public right of way. In such cases a minimum of one four foot by eight foot (4' x 8')
plywood sign shall be placed adjacent to the right of way. Otherwise, three (3) notices
in the official newspaper or paper of general circulation, with the third notice
appearing a minimum of ten (10) days prior to the public hearing, shall be published.
The notice shall include a six inch by six inch (6" x 6") minimum size graphic
representation showing the proposed comprehensive plan land use map or zoning
ordinance map amendments. Except as noted herein, posting of the property must be
in substantial compliance with the following requirements:
Section 2: 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 3: This ordinance shall take effect and be in force from and after its
passage, approval, and publication as required by law. In lieu of publication of the entire
ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be
published.
Approved and adopted this /MI day of lam u 0 rl 2005.
Mayr Nan C. Merril
ATT ST:
Sharon K. Bergmann, Eagle ity Clerk
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: C) f`' 1 ELI/�-L
Address: t() s t. ,Y1 Run Dates:
> n A
Identification:
ORDINANCE # 503 (_ 1 —1 _ 0 C
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMEND-
ING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 7 "ZONING AD-
MINISTRATION AND ENFORCEMENT", SECTION 8, "NOTICE REQUIRE-
MENTS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EF -
a FECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and
:d
ensure that the public is provided information and ample notice regarding proposed
changes within the community; 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
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, as follows:
ar
u Section 1: Eagle City Code Title 8 "Zoning", Chapter 7 "Zoning Administra-
,I tion and Enforcement", Section 8 "Notice Requirements" is amended to add- the
underlined text and to delete the strikethrough text as follows:
A. Public Hearings: On every land use action for which notice is provided
below, both the planning and zoning commission and the city council shall hold a
•I public hearing in which interested persons shall have an opportunity to be heard.
operating under the laws of the State of Idaho; and
WHEREAS, the City of Eagle finds that it is in the best interest of the City to
No notice of a city council hearing shall be given prior to receiving a recommen-
dation from the planning and zoning commission. Following any hearing, if a
a material change from what was advertised in the notice and presented at the public
hearing is proposed, further notice and hearing shall be provided before the final
3c decision is made.
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meet-
, ing for comprehensive plan amendments, variances, conditional uses, zoning ordi-
• nance map amendments, and subdivisions.
1. Meeting Requirements:
a. It shall be the sole duty of the applicant to provide mailed
written notice, in a form deemed appropriate by the Zoning Administrator, to all
property owners or purchasers of record owning property within a three hundred
foot (300') radius of the exterior boundary of the application property, and to all
contiguous homeowner's associations and any neighborhood associations deemed
c appropriate by the Zoning Administrator. Notice of a neighborhood meeting shall
be in addition to, and not in lieu of, mailed radius notices already required by this
title, except when notice of a neighborhood meeting is required of two hundred
u (200) or more property owners or purchasers of record, alternate forms of notice
rc may be provided as deemed appropriate by the Zoning Administrator. The neigh -
al borhood meeting written notice shall be provided by mail a minimum of fifteen
(15) business days prior to the scheduled .neighborhood meeting.
b. The purpose of the neighborhood meeting shall be to re-
view the proposed project.
(1) Meetings shall be on a Saturday between ten o'clock (10:00) AM and
seven o'clock (7:00) PM, or on a weekday between six o'clock (6:00) PM and
eight o'clock (8:00) PM. The meeting shall not be on a holiday, a holiday weekend
for the day before or after a holiday or holiday weekend.
(2) The meeting shall be held either on the application property, at the
nearest public meeting place, or at an office space with suitable meeting facilities if
1
such facilities are within the City of Eagle Area of Impact boundary.
c. The neighborhood meeting shall be conducted prior to the
submittal of the application and not more than six (6) months prior to the public
, hearing.
d. Application materials shall include a written verification of
the neighborhood meeting and a dated copy of notice provided to affected prop-
CANNE
RECEIVED & FILED
CITY OF EAGLE
JAN 2 1 2005
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on the following dates:
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STATE OF IDAHO )
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L day of " " in the year of 20CS
ne, a Notary Public, personally appeared
'Lown or identified to me to be the person
neis ubscribed to the within instrument,
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first duly sm, declared that the
are true, and nowled to me that
.. ed the same.
Notary Public for Idaho
Residing at Boise, ID
:y Commcion expires