Ordinance - 2003 - 443 - Summary Of 443 - 11/14/2003
ORIGINAL
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 I (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 11 th , 2003, is as follows:
Section I: Amends Eagle City Code, Title 8 "Zoning", Chapter I "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 frorn the definition of a Planned Unit Developrnent.
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hereby is repealed.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hereby is repealed.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.
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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 50-90IA,
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!i day of Novernber, 2003.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
~Q UA-o -~ ~
By: Sharon K. Moore, City lerk
[SEAL]
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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 Sumrnary 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.
K,
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