Ordinance - 2005 - 530 - Amend Title 6 - 10/18/2005ORIGINA
SCANN
ORDINANCE 530
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE
TITLE 6 "PUBLIC WAYAND PROPERTY" CHAPTER 5 "WATER SYSTEM", SECTION 23
"DONATION OF WATER SYSTEM TO THE CITY", AND TITLE 8 "ZONING", CHAPTER 7
"ZONING ADMINISTRATIONAND ENFORCEMENT", SECTION 5 "AMENDMENTS" AND TITLE
9 "LAND SUBDIVISIONS" CHAPTER 2 "SUBDIVISION PLATS AND PROCEDURES", AND
ADDING CHAPTER 3 "WATER SYSTEM " SECTION 9 "WATER SYSTEM", PROVIDING
CLARIFICATION AND LINKAGES BETWEEN THE ZONING AND SUBDIVISION CHAPTERS TO
THE EAGLE MUNICIPAL WATER SYSTEM PROVISIONS , ESTABLISHING WHEN AND HOW
THE PROVISION OF WATER SUPPLY IS REQUIRED AS A CONDITION OF ANNEXATION
AND/OR APPROVAL OF NEW DEVELOPMENT WITHIN THE CITY OF EAGLE., 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 City of Eagle wishes to safeguard and conserve the public water supply and
provide a safe and sufficient water supply to its citizens; and
WHEREAS, the City of Eagle desires to provide water service to its citizens at the most
economical cost; and
WHEREAS, the City of Eagle desires to foster optimum land use and development within the City
of Eagle and equitably allocate costs of development; and
WHEREAS, the City of Eagle finds and determines that a single, interconnected municipal water
system owned by the City is in the best interests of the citizens of the City.
WHEREAS, the city of Eagle finds that clarification of the language contained in Ordinance 479,
adopted July 27, 2005, is needed;
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1. Title 6, Chapter 5, Section 23 of the Eagle City Code is hereby amended with the
following changes to Section C to read as follows:
6-5-23
C. As a condition of annexation into the City and/or as a condition of approval of new development
within the City, the landowner and/or developer shall:
1. Secure suitable surface water rights adequate to satisfy all irrigation, aesthetic, amenity, or
recreation needs of the proposed development and/or property proposed to be annexed
_ .. - - - • - - ' ' . Said
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water rights must be valid, existing water rights recognized by the Idaho Department of Water
Resources (the "Department"). If any transfer, amendment or other proceedings are required under
Idaho Code or Department Rule or Regulation for the City's use of such water, the owner and/or
developer shall be solely responsible for the City's costs of completing the same and the City's costs of
obtaining all necessary approvals from the Department as a condition of annexation and/or
development, including costs associated with mitigation; and
2. Secure suitable groundwater rights adequate to satisfy all groundwater needs of the
proposed development and/or property proposed to be annexed and transfer or assign said water rights
to the City for inclusion into the City's municipal water supply system. Said water rights must be
valid, existing water rights permitted or licensed by the Department. If any transfer, amendment or
other proceedings are required under Idaho Code or Department Rule or Regulation for the City's use
of such water, the owner and/or developer shall be solely responsible for the City's costs of completing
the same and the City's costs of obtaining all necessary permits and approvals from the Department as
a condition of annexation and/or development, including costs of mitigation; and
3. Pay for the City's costs of construction of municipal supply well(s) necessary to meet the
demands of the proposed annexed property and/or new development. The City Engineer shall
determine the necessary location, number, and capacity of well(s) based upon the proposed
development or other improvements. Said wells shall be constructed to City standards. The owner
and/or developer shall be solely responsible for the City's costs of obtaining all necessary permits and
approvals for such wells as a condition of annexation and/or development, including the costs of any
required mitigation. The design and construction of municipal supply wells shall be reviewed and
inspected by the City Engineer; and
a. At the option of the City, demands arising from more than one development may
be served by a single well or centralized well with the costs thereof apportioned to the
participating developments in proportion to their water demands.
4. Any well construction or development of groundwater resources shall be prohibited within
the City's municipal water service area except as may be set forth in a development agreement or by a
special-purpose permit issued by the Building Official and approved by the City Council.
5. The requirements for obtaining surface water rights for irrigation, aesthetic, amenity, or
recreation, needs may be waived if the City determines that the landowner and/or developer is entitled
to a waiver under Eagle City Code 9-4-1-9C(2) and that the landowner and/or developer cannot secure
surface water rights by appropriation or transfer to the proposed development and/or property
proposed to be annexed.
6. Nothing in this ordinance shall require the transfer or assignment of a water richt
represented by shares of stock in a canal company.
Section 2. Title 8, Chapter 7, Section 5of the Eagle City Code is hereby amended with the following
changes to Section D, F and G to read as follows:
8-7-5:
D. General Procedure For Amendments: Zoning districts shall be amended in the following manner:
1. Request for an amendment to this title shall be submitted by the commission which shall
evaluate the request to determine the extent and nature of the amendment requested.
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2. Request shall be reviewed by the commission and shall be evaluated to determine if such action
shall create a demand for public infrastructure that is not currently available for the site
including but not limited to municipal sewer and water services.
3 a If the request is in accordance with the adopted comprehensive plan, the commission may
recommend and the council may adopt or reject the amendment under the notice and hearing
procedures as herein provided.
4 3. If the request is not in accordance with the adopted comprehensive plan, the request shall be
submitted to the planning or planning and zoning commission, or in its absence, the council,
which shall recommend, and the council may adopt or reject an amendment to the
comprehensive plan, under the notice and hearing procedures provided in section 67-6509,
Idaho Code. After the comprehensive plan has been amended, this title may then be amended
as hereinafter provided for. (Ord. 256, 2-7-1995)
F. Action By Commission
1. Recommendation By The Commission: Within forty five (45) days from the receipt of the
proposed amendment, the commission shall transmit its recommendation to the council. The
commission may recommend that the amendment be granted as requested, or it may recommend
a modification of the amendment requested, or it may recommend that the amendment be
denied. The commission shall ensure that any favorable recommendations for amendments are
in accordance with the comprehensivc ;ern:. an - .. ' - - .. • - ' - . the following
findings:
a. The proposed zoning ordinance amendment is in accordance with the Comprehensive
Plan and established goals and objectives and the Future Land Use Man;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist. or are
expected to be provided, to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed zone is compatible with the zoning and uses in the surrounding area;
d. No non -conforming uses will be created with this rezone.
G. Action By Council:
1. The council, prior to adopting, revising or rejecting the amendment to this title as recommended
by the commission, shall conduct at least one public hearing using the same notice and hearing
procedures as the commission. Following the council hearing, if the council makes a material
change from what was presented at the public hearing, further notice and hearing shall be
provided before the council adopts the amendment. The city council shall make findings as
required in subsection F-1 of this section.
Section 3. Title 9, Chapter 2, Section 3of the Eagle City Code is hereby amended with the following
changes to Section D to read as follows:
9-2-3:
D. Procedure for Approval Of Preliminary Plat:
1. Administrative Review:
a. Certification By Administrator, Public Hearing: Upon receipt of the preliminary plat and
all other required data as provided for herein, the administrator shall certify the application
as complete and shall affix the date of application acceptance thereon. The administrator
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shall schedule a public hearing before the planning and zoning commission, which hearing
shall be held within forty five (45) days of the date of certification of a complete
application.
b. Review By Other Agencies: The administrator shall refer the preliminary plat and
application to as many governmental agencies as deemed necessary. Such agencies may
include the following:
(1) Other governing bodies having joint jurisdiction;
(2) The appropriate utility companies, irrigation companies or districts and drainage
districts;
(3) The superintendent of the school district; and
(4) Other agencies having an interest in the proposed subdivision.
c. Recommendation By Administrator: The zoning administrator shall provide that any
transmittal as provided in subsection Dlb of this section will be returned within fifteen (15)
days. At the end of the fifteen (15) day period, the administrator shall prepare a
recommendation to the commission. All agency responses shall be supplied by the zoning
administrator to the planning and zoning commission.
2. Public Notice: The administrator shall provide notice in accordance with the requirements of
section 8-7-8 of this code.
3. Action By Commission:
Section 4.
follows:
9-3:
a. Commission's Findings: In determining the acceptance of a proposed subdivision, the
commission shall consider the objectives of this title and at least the following:
(1) The conformance of the subdivision with the comprehensive development plan;
(2) The availability of public services to accommodate the proposed development1
including compliance with Title 6 Section 5of this code:
(3) The continuity of the proposed development with the capital improvement
program;
(4) The public financial capability of supporting services for the proposed
development; and
(5) The other health, safety and environmental problems that may be brought to the
commission's attention.
Title 9, Chapter 3 of the Eagle City Code is hereby amended with new Section 9 to read as
9-3-9: WATER SYSTEM: The provision of a public water system shall conform to the
following standards:
A. All subdivisions within the Eagle City Water Service Area shall comply with Title 6 Section 5 of this code.
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Approved and adopted this 18th day of October, 2005.
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ATT ST:
Sharon K. Bergmann, Eagle City Jerk
SEAL
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Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address:
Sib C •S62Sf
RECEIVED & FILED
CITY OF EAGLE
OCT 2 7 2005
File -
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Identification: LJ - ctvn..el , N(t) , 5✓ 3 0
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Run Dates:
ORDINANCE NO. 530
nber Lines
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY,
AMENDING EAGLE CITY CODE TITLE 6 "PUBLIC WAY ANlher
ERTY" CHAPTER 5 "WATER SYSTEM", SECTION 23 "DONAl
WATER SYSTEM TO THE CITY", AND TITLE 8 "ZONING," CII. Frank Thomason, being duly sworn, deposes
ZONING ADMINISTRATION AND ENFORCEMENT", SEC and says: That he is the Principal Clerk of
"AMENDMENTS" AND TITLE 9 "LAND �SUBDIVISIONS" CHAPTEIvaI/@ Tlm@S, a newspaper ublCl ekd at
DIVISION PLATS AND PROCEDURES , AND ADDING CHAPTE/ Y weeklyP
TER SYSTEM" SECTION 9 "WATER SYSTEM", PROVIDING CL. agIe, Ada County, State of Idaho; that the said
TION AND LINKAGESBETWEENTHE ZONINGANDSUBDIVISIC] newspaper is in general circulation in the said
TERS TO THE EAGLE MUNICIPAL WATER SYSTEM PROVISI County of Ada, and in the vicinity of Meridian,
TABLISHING WHEN AND HOW THE PROVISION OF WATER Star, and Eagle, and has been uninterruptedly
IS REQUIRED AS A CONDITION OF ANNEXATION AND/OR AP published in said County during a period of
OF NEW DEVELOPMENT WITHIN THE CITY OF EAGLE, PRO\
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DAfenty-eight consecutive weeks prior to the first
WHEREAS, the City of Eagle, Idaho is a municipal corporation I+ation of this notice, a copy of which is attached
and operating under the laws of the State of Idaho; and (cont. in next c hereto, and that the notice was published in
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the Citi/alley Times, in conformity with Section 60-108,
has the authority to adopt, establish and amend a Zoning Ordinance; at Idaho Code, as amended, for I time(s)
WHEREAS, the City of Eagle wishes to safeguard and conserve 1 the regular and entire issue of said paper, and
water supply and provide a safe and sufficient water supply to its citizls printed in the newspaper proper, and not in a
WHEREAS, the City of Eagle desires to provide water service to f
at the most economical cost; and 35upplement; and that said notice was published
WHEREAS, the City of Eagle desires to foster optimum land use -Y r on the following dates:
opment within the City of Eagle and equitably allocate costs of develor Beginning 0 c Pr_/ 1 L 2.-QSC
I
3 Z Amount 2 6"--7, Zb
WHEREAS, the City of Eagle finds and determines that a single
nected municipal water system owned by the City is in the best inte'
citizens of the City.
WHEREAS, the City of Eagle finds that clarification of the tang
tained in Ordinance 479, adopted July 27, 2005, is needed;
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COI
THE CITY OF EAGLE, IDAHO, as follows:
Section 1. Title 6, Chapter, 5, Section 23 of the Eagle City Cod
amended with the following changes to Section C to read as follows:
6-5-23
C. As a condition of annexation into the City and/or as a co
approval of new development within the City, the landowner and/o
shall:
1. Secure suitable surface water rights adequate to satisfy all irri
thetic, amenity, or recreation needs of the proposed development and/
proposed to be annexed
3.,pe,m. Said water ri
valid, existing water rights recognized by the Idaho Department of
sources (the "Department"). If any transfer, amendment or other proc
required under Idaho Code or Department Rule or Regulation for the
such water, the owner and/or developer shall be solely responsible fo
costs of completing the same and the City's costs of obtaining al
approvals from the Department as a condition of annexation and/
ment, including costs associated with mitigation; and
2 Secure suitable groundwater rights adequate to satisfy all ground
of the proposed development and/or property proposed to be annexe
fer or assign said water rights to the City for inclusion into thg City'i
water supply system. Said water rights must be valid, existing water riq
ted or licensed by the Department. If any transfer, amendment or otl
ings are -required under Idaho Code or Department Rule or Regulation f<
use of such water, the owner and/or developer shall be solely responq
City's costs of completing the same and the City's costs of obtaining al
permits and approvals from the Department as a condition of annexe)
developmentincludino relate „f ...;+;.,o+ .....+
2
Ending (..)-c, Lv- Z -2,(3-
STATE OF IDAHO )
)SS
'/ COUNTY OF ADA)
^(
his D day of Yf • in the year of 2005
efore me, a Notary Public, personally appeared
son, known or identified to me to be the person
se name is suribed to the within instrument,
being by me irs du y sworn, declared that the
erein re t ue acknowledged to me that
e executed the same.
Notary Public for Idaho
Resi t Boit 1P
My Commission expires: 2 7,
7