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Ordinance - 2004 - 476 - Amend Title 8, Chapter 8, Plan Policies And Ordinances For Area Of Impact - 06/22/2004ORIGINAL ORDINANCE 476 AN ORDINANCE AMENDING EAGLE CITY CODE, TITLE 8, CHAPTER 8, SECTION 3, TO ADOPT A APPLICABLE PLANS AND ORDIANCES FOR THE EAGLE AREA OF CITY IMPACT; 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, The City of Eagle adopted Ordinance No. 475 on July 22, 2004, and there by adopted a map amending the Eagle Area of City Impact Boundary; and WHEREAS, upon review of application #ZOA-3-04, the Eagle Planning and Zoning Commission and the Eagle City Council resolved through the public hearing process to the applicable ordinance for the application of plans and ordinances; NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Eagle, Idaho as follows: Section 1: That Eagle City Code Section 8-8-3, be, and the same hereby is, amended to read as follows with strike -through text to be deleted and underline text to be added: 8-8-3: APPLICABLE PLAN POLICIES AND ORDINANCES: A. The Eagle comprehensive plan, as adopted and amended by the city on March 16, 2004, by resolution 04-01, shall apply within the Eagle area of city impact, adopted on September 23, 2003 by Ord. 461. 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. The Ada County Comprehensive plan . as adopted by Ada County on June 17. 1996, by resolution No. 882, and hereby amended, shall apply within that part of the amended Eagle Area of City Impact identified in Ordinance No. 475 separate from the Eagle Area of Impact identified in Ordinance No. 461. B C. 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. G D. All subdivision plats situated within the area of city impact shall be submitted to the city for their recommendation. E. The Ada County zoning ordinance shall be used to implement this chapter. (Ord. 395, 7- 24-2001) 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: That this ordinance, or a summary thereof in compliance with Section 50- 901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. DATED THIS 22nd day of June, 2004. CITY OF EAGLE Ada County, Idaho ATTEST: SHARON K.BERGMANN, CITY CLERK (SEAL) �It�HII '� 000 o ••••••":„ t p • o / f_ . 4, '+ . es. / W The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Jdentificatiort 116026 1105968 ORDINANCE 476 Attention• P O. # Run Datea NICHOEL BAIRD CITY OF EAGLE 310 E STATE ST. EAGLE, ID 83616 JUNE 23, 2004 Number of Linea Affidavit 1 Amount: $81 .44 91 J eaal # 19754 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 60-108, Idaho Code, as amended, for: ONE consecutive weekly consecutive daily insertion(s) beginning issue of: ending issue of: X single odd skip JUNE 2 3 , 2004 JUNE 2 3 , 2004 &Hit STATE OF IDAHO ) .ss COUNTY OF ADA On this 2 3 day of JUNE in the year of 2004 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 acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: LEGAL NOTICE ORDINANCE 476 AN ORDINANCE AMENDING EAGLE CITY CODTO ADOPTLE CHAPTE8, CTION ND OR T AAPPLICABLE BLE PLANS AND FOR THE EAGLE AREA OF CfTY IMPACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operat- ing perating under the laws of the State of Idaho; and WHEREAS, The City of Eagle adopted Ordinance No. 475 on July 22, 2004 and there byadopted a map amending the eagle Area ofCityImpact Boundary; and WHEREAS, upon review of application #ZOA-3-04, the Eagle Planning and Zoning Commission and the Eagle City Council resolved through the public hearing process to the applicable ordinance for the applica- tion of plans and ordinances N0W, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Eagle, Idaho as follows: Section 1: That Eagle City Code Section 8-8-3, be, and the same hereby is, amended to read as follows with strike -through text to be deleted and underline text to be added: 8-8-3: APPLICABLE PLAN POLICIES AND ORDINANCES: A. The Eagle comprehensive plan as adopted and amended by the city on March :16 2004 by resolution 04-01, shall apply within the Eagle area of city impact, Adopted an September 23, 2003 by Ord- 461 Sub- , sequent 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. The Ada County Comprehensive plan , as adopted by Ada County on June 17, 199b by reso)uton No. ii$ and here y amdn-ded shaj D)v wi i at art of 6 amendeO"a , e rea o • m act Iden teain Urdmance No- 4 sppara�e trom e Fagle Area of Impact identified in Ordinance No 461. -B C. Applications for subdivision develop- ment 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 9-41-12 of this code. £ D. All subdivision plats situated within - the area of city impact shall be submitted to the city for their recommendation. -0 E. The Ada County zoning ordinance shall be used to implement this chapter. (Ord. 395, 7-24-2001) Section 2: The provisions of this ordi- nance are hereby declared to be severable and if anyprovision of this act or the appli- . cation ofsuchprovision to anyperson or circumstance is declared invalidforany rea- son, such declaration shall not affect the validity of remaining portions of this ordinance. Section 3: That this ordinance, or a sum- mary thereof in compliance with Section 50- 901A, Idaho Code, shall beublished once in the official newspaper oftheCity, and shall take effect immediately upon its pas- sage approval, and publication. DATED THIS 22nd day of June, 2004. CITY OF EAGLE Ada County, Idaho ATTEST: SHARONLl'. BEROGMANN, CITY CLERK Pub. Jun. 23, 2004 19754