Ordinance - 2004 - 466 - Amend Title 8; Chapter 8 Area Of City Impact - 03/16/2004SCANNED
ORDINANCE #466
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE
TITLE 8 "ZONING", CHAPTER 8 "EAGLE AREA OF CITY IMPACT", "SECTION 3 "APPLICABLE
PLAN POLICIES AND ORDINANCES"; 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 in order to ensure that development within the Eagle Area of City Impact is commensurate with the
City's adopted comprehensive plan;
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 8 "Eagle Area of City Impact", Section 3 "Applicable Plan
Policies and Ordinances", of the Eagle City Code, be and is hereby amended, in part, to read as follows
with underline text to be added and strike -through text to be deleted:
8-8-3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Eagle comprehensive plan, as adopted and amended by the city on X000 March 9.
2004 by resolution 04-01, shall apply within the Eagle area of city impact. Subsequent amendments to the
aforesaid Eagle comprehensive plan shall apply within the Eagle area of city impact if the city and the
county so agree.
B. Applications for subdivision development in the Eagle area of city impact shall be evaluated for
conformance to the design and improvement standards contained in title 9, chapter 3, and sections 9-4-1
through 9-4-1-12 of this code.
C. All subdivision plats situated within the area of city impact shall be submitted to the city for their
recommendation.
D. The Ada County zoning ordinance shall be used to implement this chapter. (Ord. 395, 7-24-2001)
E. The following additional standards shall be used to ensure compatibility between the Eagle
Comprehensive Plan and the Ada County Zoning Ordinance:
1. Density shall be defined as the ratio of the total number of dwelling units within a development
divided by the total area. Fractional densities which are greater than the density shown on the
corresponding Comprehensive Plan Land Use Map designation will not be allowed. Floodwav
areas and lands used for public uses such as schools and public service facilities shall be excluded,
from the total land area used for calculating residential densities.
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.
Page 1 of 1
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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.
Approved and adopted this / (Y day of
A 1"iEST:
C 9__ t& Oz-
Sbaron K. Moore, Eagle City Clerk( •
, 2004.
Page 2 of 2
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CITY
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
C1.1%, o P- E -7 " ^ "kation: 0 yd • 4t 91 t
ORDINANCE #466
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING
EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 8 "EAGLE AREA OF CITY
IMPACT", "SECTION 3 "APPLICABLE PLAN POLICIES AND ORDINANCES";
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 causb
exists for amending Title 8 Zoning in order to ensure that development within the
Eagle Area of City Impact is commensurate with the City's adopted comprehensive
plan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUN-
CIL OF THE CITY OF EAGLE, IDAHO, as follows:
Section I: That Title 8 "Zoning", Chapter 8 "Eagle Area of City Impact", Section 3
"Applicable Plan Policies and Ordinances", of the Eagle City Code, be and is hereby
amended, in part, to read as follows with underline text to be added and strike -through
text to be deleted:
8-8-3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Eagle comprehensive plan, as adopted and amended by the city on July --10,
2999 March 9, 2004 by resolution 04-01, shall apply within the Eagle area of city
impact. Subsequent amendments to the aforesaid Eagle comprehensive plan shall
apply within the Eagle area of city impact if the city and the county so agree.
B. Applications for subdivision development in the Eagle area of city impact shall be
evaluated for conformance to the design and improvement standards contained in
title 9, chapter 3, and sections 9-4-1 through 9-4-1-12 of this code.
C. All subdivision plats situated within the area of city impact shall be submitted to the
city for their recommendation.
D. The Ada County zoning ordinance shall be used to implement this chapter. (Ord.
395, 7-24-2001)
E. The following additional standards shall be used to ensure compatibility
between the Eagle Comprehensive Plan and the Ada County Zoning Ordi-
nance:
1. Density shall be defined as the ratio of the total number of dwelling units
within a development divided by the total area. Fractional densities which
are greater than the density shown on the corresponding Comprehensive
Plan Land Use Map designation will not be allowed. Floodway areas and
lands used for public uses such as schools and public service facilities shall be
excluded from the total land area used for calculating residential densities.
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 P
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, rr
1
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 16th day of March, 2004.
er Lines
9y
Amount (• 6 7
rank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
ley Times, a weekly newspaper published at
le, Ada County, State of Idaho; that the said
ewspaper is in general circulation in the said
ounty of Ada, and in the vicinity of Meridian,
tar, and Eagle, and has been uninterruptedly
published in said County during a period of
my -eight consecutive weeks prior to the first
ion of this notice, a copy of which is attached
hereto, and that the notice was published in
ey Times, in conformity with Sectipn 60-108,
Idaho Code, as amended, for I time(s)
e regular and entire issue of said paper, and
printed in the newspaper proper, and not in a
pplement; and that said notice was published
on th following d s:
Beginning Q'a__00O
I
Ending C 0 . ! (, ?fad
STATE OF IDAHO )
)SS
61' • ( COUNTY OF ADA)
day of A D k in the year of 2004
ore me, a Notary Public, personally appeared
n, known or identified to me to be the person
name is subscribed to the ithin instrument,
eing by first duly swo declare, that the
erein true, and ac ' ledge o me that
Nancy C. Merrill, Mayor
ATTEST:
Sharon K. Moore, Eagle City Clerk
Notary Public for Idaho
Residing at Boise, ID
My Commissioexpires: 3 am 6.