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Ordinance - 2005 - 533 - Committee Of Nine / Area Of Impact - 11/09/2005;ANNEC ORIGINAL ORDINANCE NO. 533 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, PROVIDING FOR APPLICATION OF PLANS AND ORDINANCES FOR THE EAGLE AREA OF CITY IMPACT; PROVIDING FOR ZONING FOR LAND WITHIN THE EAGLE AREA OF CITY IMPACT UNTIL ANNEXATION OF THE LAND INTO THE CITY OF EAGLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to § 67-6526(b), Idaho Code, the City of Eagle and Ada County, Idaho, established the Ada County/City of Eagle Committee of Nine who met on May 2, June 23, August 8, August 24, and August 29, 2005. WHEREAS, the Committee of Nine made a written recommendation, last signed by a majority of the committee on September 27, 2005, and transmitted to the City of Eagle and Ada County, Idaho, on September 28, 2005, establishing the boundary of the Eagle Area of Impact, the applicable Comprehensive Plan, the applicable ordinances and applicable zoning designation until annexation of said lands (hereinafter "Committee of Nine Recommendation"), a true and correct copy is on file in the office of the City Clerk in accordance with Idaho Code, section 31- 715. WHEREAS, the Eagle Comprehensive Plan recommended by the Committee of Nine Recommendation was adopted by the City of Eagle by Ordinance No. 486 and Resolution No. 04-15; WHEREAS, the City of Eagle desires to provide for application of plans and ordinances and zoning of land within for the Eagle Area of City Impact as recommended by the Committee of Nine and as required by § 67-6526(b). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho, as follows: Section 1: The Applicable Comprehensive Plan shall be the City of Eagle's 2004 Comprehensive Plan, previously adopted by Ordinance No. 486 and Resolution No. 04-15. Section 2: The Applicable Ordinances shall be as set forth in the existing Title 9 Agreement between the City of Eagle and Ada County. Section 3: All land within the Eagle City Area of Impact shall retain the existing Rural Residential zoning designation until annexation into the City of Eagle. 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 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. DATED this q day of Alovernie< 2005. ATTEST: a Sharon K. Bergmann, City Cl rk CITY OF EAGLE Ada County, Idaho Na yC.?erri1 Ma or RECOMMENDATION OF ADA COUNTY/CITY OF EAGLE COM/vIITTEE OF NINE TO: Ada County Board of Commissioners City of Eagle FROM: The Committee of Nine — Chairman Thomas Cushman PROCEEDINGS SUMMARY: The City of Eagle (Eagle) made a demand to institute the Committee of Nine as provided for in Idaho Code Section 67-6526(b) when Ada County did not adopt Eagle's requested City of Area of Impact (AOI). On February 17, 2005, Eagle confirmed the following elected City Officials to serve on the Committee of Nine: Mayor Nancy Merrill, Council Member Lynn Sedlacek and Council Member Scott Nordstrom. On March 25, 2005, the following "at large" Committee Members were appointed: The Honorable Thomas Cushman, Mr. Reed DeMornont and Mr. Don Knickrehem. The three Commissioners comprising the Ada County Board of County Commissioners completed the Committee of Nine under the statutory requirements: Commissioner Judy Peavey -Derr, Commissioner Rick Yzaguirre, and Commissioner Fred Tilman. The Committee met on the following dates: May 2, 2005 June 23, 2005 August 8, 2005 August 24, 2005 August 29, 2005 It received information and staff presentations from Ada County Staff and Eagle staff regarding trade area, geographic factors and Eagle's ability to annex the requested area in the reasonably near future. iT The City of Star was also invited to provide information regarding its request for establishment of an impact area that in certain areas east of Highway 16 would overlap Eagle's request. Mr. Nate Mitchell, Mayor of the City of Star appeared before the Committee and answered questions regarding the area requested by the City of Star, plans for development in the current city limits, city impact area and the requested area east of Highway 16. Sue Sullivan, from the Idaho Department of Transportation (1'11)) also appeared before the Committee and answered questions regarding LTD's current plans for development and construction of Highway 16 from Emmett to its connection with Interstate 84. Committee of Nine Recommendation Ada County — City of Eagle — Page 1 �XI-1I RIT A After considering all of the information presented by City and County Staffs, the Mayor of Star on behalf of the City of Star and the information from the Idaho Department of Transportation regarding Highway 16, the Committee voted to present the following recommendations to the City of Eagle and Ada County regarding the City of Eagle's Area of Impact. RECOMMENTATION SU MARY: 1. Eagle Impact Area: Adopt the original recommendation of the City of Eagle with the western boundary of the impact area to be the east side of Highway 16 extending from the Farmers Union Canal southward along Highway 16 and in a straight line to what would be the intersection of Highway 16 and Highway 20/26, if Highway 16 extend south to Highway 20/26 and running eastward on the north side of Highway 20/26 to its intersection with The City of Eagle's existing impact area boundary. 2. Applicable Comprehensive Plan: Adopt the City of Eagle's Comprehensive Plan dated 20 as applicable in the Eagle Area of Impact. 3. Applicable Ordinances: Status Quo based on the existing Title 9 agreement between the City of Eagle and Ada County. 4. All land within the Eagle Area of City Impact will retain the existing Rural Residential zoning designation until annexation to the City of Eagle. CONCUR: DISSENT: 612(7 66. The Honorable Tomas Cushman Dated: -- ' ee 0e ordaunt 9- _ _ - Dated: Dated: 9- z 3"©$ Dated: on Knickrelii i Dated: Dated: Committee of Nine Recommendation Ada County — City of Eagle — Page 2 Commissioner Judy Peavey -Derr Commissioner Rick Yzaguirre Commissioner Fred Tilman 2pCUR: X�1`'�,ie—���fid/ �C / Council Member Lynne Sedlacek Dated: Dated: Council Memb 9�25-/©.s• Committee of Nine Recommendation Ada County — City of Eagle — Page 3 Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: Address: tuonsPION Xaoelpas anon Pr E11& 3 l d E. S fa f c Sf 6t_5(4 II ',Gaff. 5UANNEP RECEIVED & FILED CITY OF EAGLE NOV 3 0 2005 File - Route to. Identification: �h� N o 5-? Run Dates: (I - 2i 'Os' • Lt AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, PROVIDING FOR APPLICATION OF PLANS AND ORDINANCES FOR THE EAGLE AREA OF CITY IMPACT; PROVIDING FOR ZONING FOR LAND WITHIN THE EAGLE AREA OF CITY IMPACT UNTIL ANNEXATION OF THE LAND INTO THE CITY OF EAGLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to No. 67-6526(b), Idaho Code, the t'ity of Eagle and Ada County, Idaho, established the Ada County. City of Eagle Committee of Nine who met on May 2, June 23, August 8, August 24 and August 29, 2005. WHEREAS, the Committee of Nine made a written recommendation, last signed by a majority of the committee on September 27, 2005, and transmitted to the City of Eagle and Ada County, Idaho, on September 28, 2005, establishing the boundary of the Eagle Area of Impct, the applicable Comprehensive Plan, the applicable ordinances and applicable zoning designation until annexation of said lands (hereinafter "Committee of Nine recommendation"), a true and correct copy is attached hereto and incorporated by reference herein as Exhibit "A." WHEREAS, the Eagle Comprehensive Plan recommended by the Committee of Nine Recommendation was adopted by the City of Eagle by Ordinance No. 486 and Resolution No. 04-15: WHEREAS, the City of Eagle desires to provide for application of plans and ordinances and zoning of land within the Eagle Area of City Impact as recom- mended by the Committtee of Nine and as required by No. 67-6526(b). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho, as follows: Section 1: The Applicable Comprehensive Plan shall be the City of Eagle's 2004 Comprehensive Plan, previously adopted by Ordinance No. 486 and Resolu- tion No. 04-15. Section 2: The Applicable Ordinances shall be as set forth in the existing Title 9 Agreement between the City of Eagle and Ada County. Section 3: All land within the Eagle City Area of Impact shall retain the existing Rural Residential zoning designation until annexation into the City of Eagle. 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 inforce 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. Dated this 9th day of November 2005. sORDINANCE NO. 533 CITY OF EAGLE Ada County, Idaho Nar6y C. Merrill, Mayor ATTEST: Sharon K. Bergmann Eagle Ci Clerk RECOMMENDATION OF ADA COUNTY/CITY OF EAGLE COMMITTEE OF NINE Amount 1(1 `� $ ng duly sworn, deposes is the Principal Clerk of iewspaper published at e of Idaho; that the said aLcirculation in the said cinity of Meridian, en uninterruptedly during a period of ks prior to the first . which is attached was published in th Section 60-108, 3 for 1 time(s) of said paper, and "roper, and not in a lice was published tle following dates: te✓ 2I. ZOo� a ;sou tto3 tRro d 3 0 tt P L '1f LI 20OS a, NATE OF IDAHO ) p, )SS _r.OUNTY OF ADA ) ,in the year of 2005 ersonally appeared die to be the person g a within instrument, -on, declared that the utwledged to me that srexecuted the same. E ary Public for Idaho paes) yat317 e, ID