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Ordinance - 2005 - 532 - Adopt Eagle Area Of City Impact Boundary Map - 11/09/2005
SUANNE ORIGINA ORDINANCE NO. 532 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ADOPTING THE EAGLE AREA OF CITY IMPACT BOUNDARY MAP 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 the majority of the committee on September 27, 2005, and transmitted to 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 attached hereto and incorporated by reference herein as Exhibit "A." WHEREAS, the Eagle Area of City Impact recommended by the Committee of Nine was previously adopted by the City of Eagle by Ordinance No. 475; and, WHEREAS, the City of Eagle desires to adopt the Eagle Area of City Impact Boundary Map 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 City of Eagle adopts the Eagle Area of City Impact Boundary Map dated July 8, 2004, incorporated herein by reference, and attached hereto as Exhibit "B", and previously adopted by the City of Eagle in Ordinance 475. 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. DATED this the 9thday of November, 2005. ATTEST: Sharon K. Bergmann, City Cle CITY OF EAGLE Ada County, Idaho it &174/AA-GG6( Nat C. Ijlerrill May RECOMMENDATION OF ADA COUNTY/CITY OF EAGLE COMMITTEE 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. 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 (ITD) 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 EXHIBIT 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 SUMMARY: 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: 62(?0(2 The Honorable Tomas Cushman Dated: Dated: Dated: lydaunt 9- Z3 -©s r on Knickrehi i -Z3 — U S� Dated: ancy -rrill o2a D Committee of Nine Recommendation Ada County — City of Eagle — Page 2 Dated: Dated: Dated: Commissioner Judy Peavey -Derr Commissioner Rick Yzaguirre Commissioner Fred Tilman Commencing at the Northwest corner of the existing Eagle impact area, thence North 88°35'06" West a distance of 414.88 feet, thence North 71°43'26" West a distance of 699.94 feet, thence Northwesterly 283.29 feet along a curve to the left having a delta of 36°04'13", a radius of 450.00 feet and a long chord which bears 89°45'32" a distance of 278.64 feet, thence South 72°12'21" West a distance of 644.38 feet, thence North 88°54'55" West a distance of 298.38 feet, thence South 01°20'21" West a distance of 57.85 feet, thence South 73°32'29" West a distance of 252.85 feet, thence Southwesterly 86.03 feet along a curve to the right having a delta of 24°38'47", a radius of 200.00 feet and a long chord which bears 85°51'52" a distance of 85.37 feet, thence North 81°48'45" West a distance of 40.27 feet, thence North 00°53'48" East a distance of 136.59 feet, thence North 89°05'54" West a distance of 1277.50 feet, thence South 01°09'02" West a distance of 179.28 feet, thence South 60°13'05" West a distance of 191.26 feet, thence South 48°53'51" West a distance of 367.29 feet, thence Northwesterly 341.25 feet along a curve to the right having a delta of 139°39'35", a radius of 140.00 feet and a long chord which bears 61°16'22" a distance of 262.83 feet, thence North 08°33'25" East a distance of 403.56 feet, thence North 89°02'02" West a distance of 33.80 feet, thence North 10°34'27" East a distance of 168.93 feet, thence North 18°52'18" East a distance of 388.31 feet, thence North 40°02'58" East a distance of 502.61 feet, thence North 17°32'30" East a distance of 140.35 feet, thence North 34°10'42" East a distance of 180.32 feet, thence North 36°02'55" East a distance of 108.38 feet, thence Northwesterly 376.82 feet along a curve to the left having a delta of 100°25'06", a radius of 215.00 feet and a long chord which bears 14°09'38" a distance of 330.41 feet, thence North 64°22' 11" West a distance of 38.99 feet, thence Southwesterly 188.39 feet along a curve to the left having a delta of 86°21'08", a radius of 125.00 feet and a long chord which bears 72°27'15" a distance of 171.06 feet, thence South 29°16'41" West a distance of 106.56 feet, thence Southwesterly 120.68 feet along a curve to the right having a delta of 27°39'32", a radius of 250.00 feet and a long chord which bears 43°06'27" a distance of 119.52 feet, thence South 56°56'14" West a distance of 345.68 feet, thence South 25°41'15" West a distance of 178.10 feet, thence South 56°23'20" West a distance of 383.76 feet, thence South 25°41'34" West a distance of 256.49 feet, thence South 45°13'39" West a distance of 178.19 feet, thence South 24°45'12" West a distance of 132.55 feet, thence South 33°27'46" West a distance of 457.38 feet, thence South 27°45'17" West a distance of 280.45 feet, thence South 48°31'29" West a distance of 255.46 feet, EXH I BIT B thence South 28°41'13" West a distance of 150.62 feet, thence South 41°00'38" West a distance of 125.72 feet, thence South 67°50'53" West a distance of 289.90 feet, thence South 78°18'21" West a distance of 327.50 feet, thence South 69°14'52" West a distance of 329.46 feet, thence Southwesterly 27.75 feet along a curve to the right having a delta of 05°17'58", a radius of 300.00 feet and a long chord which bears 71°53'50" a distance of 27.74 feet, thence South 74°32'49" West a distance of 60.36 feet, thence Southwesterly 138.66 feet along a curve to the right having a delta of 24°26'40", a radius of 325.00 feet and a long chord which bears 86°46'09" a distance of 137.61 feet, thence North 81°00'31" West a distance of 78.79 feet, thence Southwesterly 147.74 feet along a curve to the left having a delta of 37°37'18", a radius of 225.00 feet and a long chord which bears 80°10'50" a distance of 145.10 feet, thence South 61°22'11" West a distance of 67.71 feet, thence Southwesterly 100.41 feet along a curve to the right having a delta of 14°22'59", a radius of 400.00 feet and a long chord which bears 68°33'41" a distance of 100.15 feet, thence South 75°45'10" West a distance of 81.30 feet, thence Southwesterly 66.21 feet along a curve to the right having a delta of 11°40'21", a radius of 325.00 feet and a long chord which bears 81°35'21" a distance of 66.10 feet, thence South 87°25'31" West a distance of 68.64 feet, thence Southwesterly 99.98 feet along a curve to the left having a delta of 25°27'37", a radius of 225.00 feet and a long chord which bears 74°41'43" a distance of 99.16 feet, thence South 61°57'54" West a distance of 31.22 feet, thence Southwesterly 3.58 feet along a curve to the right having a delta of 02°03'00", a radius of 100.00 feet and a long chord which bears 62°59'25" a distance of 3.58 feet, thence South 64°00'55" West a distance of 99.78 feet, thence South 00°20'35" West a distance of 83.50 feet, thence North 89°08'11" West a distance of 1318.35 feet, thence South 00°32'41" West a distance of 399.71 feet, thence South 82°34'57" West a distance of 399.85 feet, thence North 81°33'48" West a distance of 177.62 feet, thence South 86°15'14" West a distance of 252.54 feet, thence South 84°05'33" West a distance of 309.64 feet, thence South 78°44'03" West a distance of 190.67 feet, thence North 00°24'42" East a distance of 55.68 feet, thence North 88°39'18" West a distance of 197.25 feet, thence South 81°32'27" West a distance of 150.44 feet, thence North 87°49'28" West a distance of 495.76 feet, thence South 87°27'58" West a distance of 210.81 feet, thence South 79°31'37" West a distance of 269.90 feet, thence South 00°34' 14" West a distance of 100.44 feet, thence North 88°59' 10" West a distance of 1186.34 feet, thence Southeasterly 837.87 feet along a curve to the left having a delta of 23°24'24", a radius of 2050.97 feet and a long chord which bears 29°03'39" a distance of 832.06 feet, 3 thence South 42°51'37" East a distance of 363.72 feet, thence Southeasterly 34.92 feet along a curve to the right having a delta of 04°00'07", a radius of 500.00 feet and a long chord which bears 40°51'33" a distance of 34.92 feet, thence South 38°51'30" East a distance of 145.08 feet, thence Southeasterly 1318.70 feet along a curve to the right having a delta of 39°45'59", a radius of 1900.00 feet and a long chord which bears 18°58'31" a distance of 1292.39 feet, thence South 00°54'29" West a distance of 6342.20 feet, thence North 87°49'26" West a distance of 5.00 feet, thence South 00°55'04" West a distance of 5282.50 feet, thence South 89°35'50" East a distance of 25.60 feet, thence South 00°47'31" West a distance of 57.89 feet, thence South 00°30'58" West a distance of 532.83 feet, thence South 03°05'09" West a distance of 40.87 feet, thence South 00°40'48" West a distance of 968.82 feet, thence South 00°55'58" West a distance of 1947.26 feet, thence South 00°49'44" West a distance of 1728.12 feet, thence South 00°25'47" West a distance of 2640.70 feet, thence South 00°29'26" West a distance of 2633.18 feet, thence South 89°21'38" East a distance of 11859.31 feet to the Southwest comer of the existing impact area, thence along the west boundary of the existing impact area North 00°39'38" East a distance of 26435.75 feet to the Northwest comer of the existing impact area boundary. H HOLLADAY ENGINEERING CO. ENGINEERS • CONSULTANTS 32 N. MAIN P.O. BOX 235 PAYETTE, ID 83661 (EMAIL• h.cOhdladay ngk wen 159 E 642-3304 • FAX/ REUSE OF DOCUMENTS AO CM NOMI, n w 300EIIOYT 6 nlamu.K WOOL 0 M Foamy 331 TOIa CO MOO MOI 10 04a, WEE a M MET. IDE OM OOM MEET MOON DO WORM 10100 1 V MEW?? DO CM 2004 IMPACT AREA ANNEXATION CITY OF EAGLE, IDAHO 4 EG 014504 OHM 5-25-04 6-10-04 �Ilva 6-10-04 aMaIN .n MGM 1.y/ Tl» 1 1 The Idaho _._,_..,.___~'__" . __~_w~-:~.~., 1 H~C:::T;EiJ l~~ riLel) I CITY OF cAGLe Statesman OCT ) .... 2005 .. '~J P.G. Box 40, Boise, Idaho 83707-0040 File: LEGAL ADVERTISING PROOF OF PUBLIC !\1~: Accoun1 # llliIt Identification 116026 1373802 PUBLIC HEARING $37.76 8.llonllil.n; f.Q.Jt ~ NICHOEL BAIRD-SPENCER OCTOBER 24, 2005 CITY OF EAGLE Numh~H of Lines 310 E STATE ST. 39 EAGLE, 1083616 8IWalill l.eg;U 1 23842 LEGAl. NOTICE PII8UC IlEAIlftG crrv OF EAGLE Lqal notice is hereby given that the EAGll: CITY CotK:I. wi holil a DtJb/ic hear- ing on the adoption of the .Eagle Aiea of City Impact IlotJndary and the implementing ord'~ nances with the foIIowina ordinances on November 9, 2005, at 7:30 P.M. at Eagle CityHaU: ORDINANCE 532: AN ORDINANCE Of THE CITY Of EAGlE, IDAHO ADOPTING THE EAGlE AREA Of CITY IMPACT BOUNDARY MAP AND, PROVIDING AN EffECTIVE DATE; and ORDINANCE 533: AN ORDINANCE Of THE CITY Of EAGLE, IDAHO, PROVIlllNG FOR APPlICATION OF PlANS AND ORDINANCES ! fOR ll:fE EAGlE AREA Of CITY IMPACT' PROVIDING fOR ZONING fOR lAND WITHIN THE EAGLE AREA Of CITY IMPACT UNTIl ANNEXATION Of THE lAND INTO TI-E CITY Of EAGlE; AND PROVIDING AN EffECllVE DATE. ComDlete copies of the ordinances .,.e available for review at City HaM, 310 E. State street. ~ aids or services for I persons with d1salMlti8s can be made avail- able by caIini the City Clerk (93%813) at least tI1ree days prior fo the publ'oc hearing. I Pub. Oct. 24, 2005 23842 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise. Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-1 08, Idaho Code, as amended. for: ONE Iconsecutive weekly I consecutive daily insertion(s) beginning issue of: OCTOBER 24, 2005 end(\~.'s~~"" 0C10BER 24,2005 ~>> #rliAJA STATE OF IDAHO ) .ss x single odd skip ('\'I".,rlol"l.''''I'' rf'\('^ . If'\' :~.,~ r;ff" t-.. ..1< .' ,~ , ' /;~"!;~:~;,,., -'-::'. iC' ". d r~ 't. >l."'.t ' f uJ : ... ~ ;:. ~?'. ~ " ~ _Ij".. -. ~ (, S \ .'1 1;.' ." -..~ J _ ,. l.' COUNTY OF ADA On this 24 day of OCTOBER in the year of 2005 before me, a Notary Public. personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein .., are true, and ac owl edged to me that she executed the same. - t00 h: I " ", Notary P lie for Idaho Residing at: Boise, Idaho My Commission expires: < .' ~, , N C) z 0 U J n- tL 0 0 0a U z W 0 J C9 W J Identification: c z 0 r T Number Lines N L O M 7- N° N U a c o c 'C ol)• N -0 (o -0 to O v '0 Nu) - co N 4= L -0 0 N N. c L amt a) a) c ci•Q 0 ca= 6 E p•�-0 Q° N'w(0''� a_C j 0) :%(o N=o Q.caC 0`' O C 0) O t CL 5 p cu (9 O �a ar co c '5 'E. .0 0) ((iu) N `ma) 0(� tZ'0 U '- m 3 c _c•� c a) (`o' (NO o w o• 1.c•,c o a.D °`O O O >,03 0.CLU > o w E o• O O _oL—w c v ° n.(n .. Y co v_ z al o E _ .).-..a) cm cc c CD w C - ai ° rnF- c (a_ c `nam (° c m T N m O -0 0)'- o 0 -0 c a) c a) c E m U .� Q (u • 0 c c •— -o m m ._ W 0) (0 O E (0 O0 0. O •-0 N O) _c O 0) U N. C C c 03 ¢ N= WC = O l� en N O E CO - nnII 1 �o..c E.nQ=c0 1 0) c C c 0) 0 W war ORDINANCE NO. 532 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ADOPTING THE EAGLE AREA OF CITY IMPACT BOUNDARY MAP AND PROVIDING AN EF- FECTIVE DATE. WHEREAS, pursuant to No. 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 Impct, the applicable Comprehensive Plan, the appli- cable 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 was adopted by the City of Eagle by Ordinance No. 475; and, WHEREAS, the City of Eagle desires to adopt the Eagle Area of City Impact Boundary Map as required by Nol 67-6526(6). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho, as follows: Section 1: The City of Eagle adopts the Eagle Area of City Impact Boundary Map dated July 8th, 2004, incorporated herein by reference, and atatched hereto as Exhibit `13," and previously adopted by the City of Eagle in Ordinance 475. Section 2: The provisos of this ordinance are hereby declared to be severable and if any provision of this act 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 this ordinance. Section 3: This ordinance shall take effect and be inforce from and after its Commencing at the Northwest thence North 88 degrees 35'06 thence North 71 degrees 43'26 thence Northwesterly 283.29 fei degrees 04'13", a radius of 45.0 45'12" a distance of 278.64 fs thence South 72 degrees 12'21 thence North 88 degrees 54'55 thence South 01 degree 20'21" thence South 73 degrees 32'29 thence Southwesterly 86.03 feet degrees 38'47", a radius of 200, 51'52" a distance of 85.37 fee thence North 81 degrees 48'45 thence North 00 degree 53'48' thence North 89 degrees 05'54 thence South 01 degree 09'02" thence South 60 degrees 13'05 thence South 48 degrees 53'51, thence Northwesterly 341.25 f 139 degrees 39'35", a radius degrees 16'22" a distance of thence North 08 degrees 33'25 thence North 89 degrees 02'02 thence North 10 degrees 34'21 thence North 18 degrees 52'1 thence North 40 degrees 02'5: thonnn Nnrth 17 decrees 32'1 ):