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Ordinance - 2003 - 443 - Amend Title 8/Private Roads - 11/11/2003dGINAL SCANNEC ORDINANCE #443 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 1 "ZONING INTERPRETATION AND DEFINITIONS", SECTION 1 (D) (1) "INTERPRETATION, SCOPE OF REGULATIONS"; AMENDING TITLE 9 "LAND SUBDIVISIONS" CHAPTER 1 "GENERAL SUBDIVISION PROVISIONS" SECTION 6 "RULES AND DEFINITIONS", "PLANNED UNIT DEVELOPMENT"; REPEALING TITLE 9 "LAND SUBDIVISIONS", CHAPTER 3 "DESIGN STANDARDS" SECTION 2 "STREETS AND ALLEYS" ARTICLE 1 (I) "PRIVATE STREETS"; REPEALING TITLE 9 "LAND SUBDIVISIONS", CHAPTER 3 "DESIGN STANDARDS", SECTION 2 "STREETS AND ALLEYS", SUBSECTION 5 "PRIVATE STREETS" AND ADDING A NEW SECITON 9-3-2-5 TO PROHIBIT THE CONSTRUCTION OF PRIVATE STREETS; REPEALING TITLE 9 "LAND SUBDIVISIONS", CHAPTER 5 "SPECIAL DEVELOPMENT SUBDIVISIONS", SECTION 4 "SITE DEVELOPMENT PLAN" ARTICLE 3 (B), "PRIVATE STREETS"; 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 Mayor and Council have determined that good cause exists for amending Title 8 Zoning and Title 9 Land Subdivisions in order to ensure that adequate and viable public roadway access is maintained to adequately serve the needs of both residential and commercial properties within the community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: That Title 8 "Zoning", Chapter 1 "Zoning Interpretation and Definitions", Section 1 "Interpretation, Scope of Regulations", Article D (1), of the Eagle City Code, be, and the same hereby is amended, in part, to read as follows with strike -through text to be deleted: All streets to be dedicated to the Ada County highway district as public streets, as defined in section 8-1-2 of this chapter and section 9-1-6 of this code, shall be constructed as required by ACHD or as required by this code, whichever holds the higher standard. u 3 1 2 rF P 1 iia udc, ALM to eonstfueted Section 2: That Title 9 "Land Subdivisions", Chapter 1 "General Subdivision Provisions", Section 6 "Rules and Definitions", "Planned Unit Development", of the Eagle City Code, be, and the same hereby is amended, in part, to read as follows with strike -through text to be deleted: PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of residential, commercial and industrial uses or any combination thereof planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual Page 1 of 2 K:\COUNCILIOrdmances.Ord 443.doc lots or estates; whethef fronting on mer dedicated streets, which may include two (2) or more principal buildings. Section 3: That Title 9 "Land Subdivisions", Chapter 3 "Design Standards", Section 2 "Streets and Alleys", Article 1 (I) "Private Streets", of the Eagle City Code, be, and the same hereby is repealed. Section 4: That Title 9 "Land Subdivisions", Chapter 3 "Design Standards", Section 2 "Streets and Alleys", Subsection 5 "Private Streets", of the Eagle City Code, be, and the same hereby is repealed. Section 5: That a new Title 9 "Land Subdivisions", Chapter 3 "Design Standards", Section 2 "Streets and Alleys", Subsection 5 (A) "Private Streets", of the Eagle City Code, be, and the same hereby is enacted to read as follows: 9-3-2-5: PRIVATE STREETS: From the effective date hereof, private streets shall not be permitted. It is not the intent of this code to preclude the development of alternate public street designs and right-of-way widths as may be approved by the highway district having jurisdiction and the City of Eagle. Section 6: That Title 9 "Land Subdivisions", Chapter 5 "Special Development Subdivisions", Section 4 "Site Development Plan", Article 3 (B) "Private Streets", of the Eagle City Code, be, and the same hereby is repealed. Section 7: All references to private streets remaining in the text of the Eagle City Code are included for definition or clarification purposes only and will not act to convey the right to construct a private street. Section 8: 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 9: 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 1 lth day of November, 2003. yr .t Ma or Nan, C Merrill ATT T: haron Moore, Eagle City Cler Page 2 of 2 K:\COUNCII.IOrdinances.Ord 443.doc ORIGINA SUMMARY OF ORDINANCE NO. 443 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 1 "ZONING INTERPRETATION AND DEFINITIONS", SECTION 1 (D) (1) "INTERPRETATION, SCOPE OF REGULATIONS"; AMENDING TITLE 9 "LAND SUBDIVISIONS" CHAPTER 1 "GENERAL SUBDIVISION PROVISIONS" SECTION 6 "RULES AND DEFINITIONS", "PLANNED UNIT DEVELOPMENT"; REPEALING TITLE 9 "LAND SUBDIVISIONS", CHAPTER 3 "DESIGN STANDARDS" SECTION 2 "STREETS AND ALLEYS" ARTICLE 1 (I) "PRIVATE STREETS"; REPEALING TITLE 9 "LAND SUBDIVISIONS", CHAPTER 3 "DESIGN STANDARDS", SECTION 2 "STREETS AND ALLEYS", SUBSECTION 5 "PRIVATE STREETS" AND ADDING A NEW SECITON 9-3-2-5 TO PROHIBIT THE CONSTRUCTION OF PRIVATE STREETS; REPEALING TITLE 9 "LAND SUBDIVISIONS", CHAPTER 5 "SPECIAL DEVELOPMENT SUBDIVISIONS", SECTION 4 "SITE DEVELOPMENT PLAN" ARTICLE 3 (B), "PRIVATE STREETS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE A summary of the principal provisions of Ordinance No. 443 of the City of Eagle, Ada County, Idaho, adopted on November 11th , 2003, is as follows: Section 1: Amends Eagle City Code, Title 8 "Zoning", Chapter 1 "Zoning Interpretation and Definitions", Section 1 "Interpretation, Scope of Regulations", Article D (1), as follows: All streets to be dedicated to the Ada County highway district as public streets, as defined in section 8-1-2 of this chapter and section 9-1-6 of this code, shall be constructed as required by ACHD or as required by this code, whichever holds the higher standard. Section 2: Amends Eagle City Code, Title 9 "Land Subdivisions", Chapter 1 "General Subdivision Provisions", Section 6 "Rules and Definitions", "Planned Unit Development", to exclude private streets from the definition of a Planned Unit Development. Section 3: That Title 9 "Land Subdivisions", Chapter 3 "Design Standards", Section 2 "Streets and Alleys", Article 1 (I) "Private Streets", of the Eagle City Code, be, and the same hereby is repealed. Section 4: That Title 9 "Land Subdivisions", Chapter 3 "Design Standards", Section 2 "Streets and Alleys", Subsection 5 "Private Streets", of the Eagle City Code, be, and the same hereby is repealed. Section 5: That a new Title 9 "Land Subdivisions", Chapter 3 "Design Standards", Section 2 "Streets and Alleys", Subsection 5 (A) "Private Streets" will be disallowed under the Eagle City Code. Page 1 of 3 K:\COUNCIL\Ordinances\Ord 443 sum.doc Section 6: That Title 9 "Land Subdivisions", Chapter 5 "Special Development Subdivisions", Section 4 "Site Development Plan", Article 3 (B) "Private Streets", of the Eagle City Code, be, and the same hereby is repealed. Section 7: All references to private streets remaining in the text of the Eagle City Code are included for definition or clarification purposes only and will not act to convey the right to construct a private street. Section 8: States that the provisions of Ordinance No. 443 are declared to be severable, and that if any provision or 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 Ordinance No. 443. Section 9: States that Ordinance No. 443 shall take effect and be in force from and after its passage, approval, and publication as required by law. Provides that a summary of Ordinance No. 443 may be published in lieu of the entire ordinance in compliance with Section 50-901A, Idaho Code. The full text of Ordinance No. 443 is available at City Hall and will be provided to any citizen upon personal request during normal office hours. DATED as of theL day of November, 2003. CITY OF EAGLE Ada County, Idaho By: Nancy/ errill, Mayer ATTEST: By: Sharon K. Moore, City Clerk [SEAL] f:* 4,•• 111 •• =., SE�o,o,. '*# rE OF i9.•'. Page 2 of 3 K:\COUNCIL\Ordinances\Ord 443 sum.doc CERTIFICATION OF CITY ATTORNEY I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby certify that I have read the foregoing Summary of Ordinance No. 443 of the City of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. DATED as of the 14th day of November, 2003. S By: Ransom J. Bailey, City Attorney Page - 3 - Message Page 1 of 1 Tracy Osborn From: Tracy Osborn [tosborn©rmci.net] Sent: Wednesday, November 19, 2003 2:06 PM To: Notices Legal (historydoc@uswest.net) Subject: Ord. 462 & Ord. 443 Please publish the attached ordinances one time only. Let me know if you need the signature pages faxed to you. THANKS! 11/25/2003