Mou/Moa - 1987 - Ada County Referral Process - 9/24/1987
AApt-ed!y l?es-oL'uk" 6 - 87
/3 Ocl87 .
Section 1.0
CITY OF EAGtE/ADA COUNTY REFERRAL PROCESS AGREEMENT
AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES
J.1 All proposed amendments to the Eagle Comprehensive Plan, the Eagle
Subdivision Ordinance and shall be forwarded to the Ada County
Department of Development Services by the Eagle City Clerk at least
fifteen (l5) days prior to any public hearing on any such proposed
amendment(s), whether said amendment(s) is before the Eagle Planning
and Zoning Commission. or the Eagle City Council. The Ada County
Department of Development Services shall .determine whether or not such
amendment(s) is in conf1iG.t with one or more of the Comprehensive Plan
or the Ada County Zon i ng Ord i nance. The Ada County Depa rtment of
Dev.elopment Services shall notify the Eagle Planning and Zoning
Commission,. or the Eagle City Council, as. the case may be, of such
determination .in writing prior to or at such public hearing. Such
input from the County shall not be binding or controlling on the City
of Eagle, but shall be treated as documentary evidence.
1.2 When the Eag1 e City Council has rendered a fi rial dec i s i on to adopt
an amendment to the Eagle City Comprehensive Plan, the Eagle City
Subdivision Ordinance, or the Eagl~ City Zoning Ordinance, the Eagle
City Clerk shall, .within fifteen (15) days forward a copy of the fjnal
. document to the Ada County Department of Development Services and the
Board of Ada County Commissioners, along with a notice as to when the
amendment w'ill take effect .in the City. Within thirty (30) days after
the receipt of the amendment, the Board of Ada County Commissioners
shall either. protest the amendment and request renegotiation of the
area of city impact ordinances, or if necessary, shall 'direct the Ada
County Pl anni ng and Zoni ng Commi ss i on to schedul e the amendment for
.public hearing as an amendment to' the area of city impact ordinance.
Section 2.0
AMENDMENT OF COUNTY COMPREHENSIVE PLAN AND ZONING
ORDINANCE. .
2.1 All proposed amendments to the County Comprehensive Plan and/or
. the Ada County Zoning Ordinance shall be forwarded by the Ada County
Department of Development Services to the Eagle City Clerk at least
forty-five (45) days prior to any public hearing on any such proposed
amendment(s). The Eagle City Council. and/or the Eagle Planning and.
Zoning Commission shall determine whether or not such amendment is in
conflict with one or more of the goals, objectives, policies or
provisions of the Eagle City Comprehensive Plan, the Eagle City
Subdivision Ordlnance, or the Eagle City Zoning Ordinance. The Eagle
City Council shall notify the Ada County Department of Development
Services of suchde.termination in writing prior to or at such public
hearing. Such input from the City shall not be binding or controlling
on the County, but shall be treated as documentary evidence.
2.2 The Board of Ada County Commissioners shall notify the City of
Eagle, in writing, of the County's action on such amendment(s) within
fifteen (15) days following a final decisio~ on such matter along with
notice as to when the amendment(s) will take effect in the County.
Within forty~five (45) days after the receipt of the amendment(s), the
Eagl e City Counci 1 shall either protest the amendment(-s) and request
renegotiation of the Area of City Impact Ordinances, or if necessary,
shall direct the Eagle City Planning and Zoning Commission to schedule
the amendment for publ i c hearing as an amendment to the Area of City
Impact Ordinance. "
Section 3.0
PROCESSING. OF LAND USE APPLICATIONS IN THE EAGLE AREA OF CITY
IMPACT
3.1 The Ad.a County Department of -Development Services shall send to
the Eagle City Clerk all county applications for pJanned developments,
subdivisions, rezones, and ,conditional use permits located within the
Eagl e Area of City Impact, forty-fi ve (45) days pri or to any county
public hearing on such application. The Eagle Planning and Zoning
Commission or the Eagle City Council shall make recommendations to the
Director of the Ada County Department of Development Services on such"
application, in writing, and shall ,cite those Eagle Subdivisions
Ordinance or Eagle Comprehensive Plan policies, goals, objectives or
provi s i"ons supporting such recommendati on. Such recommendati on shall
be received by the Director of the Ada County Department of Development
Services no later than thirty (30) days after the Eagle City Clerk has
received such application. Such input from....
3.2 Neither the Board of Ada County Commissioner nor the Ada County
Planning' and Zoning Commission shall 'hold a publ ic hearing on such
application until the recommendation of Eagle City Council or Eagle
Planning 9-nd Zoning Commission, as the case may be, has been received,
or the date the County should have received said CDunsel's or
Commission's recommendations, specified above, has passed.
3.3 The Ada County Department of ~evelopment Services will notify the
Eagle City Clerk in writing of the County.s action on land use
applications located within the Eagle Area of City Impact but outside
the Eagle City Limits within fifteen (15) days following final decision
by the appropriate County agency on such matter.
RESOLUTION NO. --'-::j'?
A RESOLUTION ADOPTING THE EAGLE AREA OF CITY IMPACT AGREEMENT AND
THE EAGLE CITY/ADA COUNTY REFERRAL PROCESS AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the 1975 Local Planning Act requires that Ada
County and each of its cities establish Area of City Impact
boundaries for each city and designate plans and ordinances to
apply within such Areas of City Impact; and
WHEREAS, Idaho Code § 66-6526A establishes procedures
and deadlines for establishing such Area of City Impact Agreement;
and
WHEREAS, Ada County and the City of Eagle did adopt an
Area of City Impact Agreement which became effective October 3,
1980; and
WHEREAS, Idaho Code § 67-6526D provides that Areas of
City Impact shall remain fixed until both governing boards agree
to negotiate; and
WHEREAS, Ada County and the City of Eagle have
renegotiated their Area of City Impact pursuant to the require-
ments of Idaho Code; and
WHEREAS, the proposed Area of City Impact Agreement
calls for a referral process agreement to be adopted establishing
procedures for amending plan policies and ordinances and for the
processing of zoning applications;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO:
Section 1: That the City of Eagle hereby adopts the
Eagle Area of City Impact Agreement, the terms of whicb. Çire
spelled out by reference to Ada County Ordinance No. /¿{/ , and
Eagle City Ordinance No. /J I, which documents are attached
hereto and incorporated herein.
Section 2: That the City of Eagle hereby adopts the
Eagle City/Ada County Referral Process Agreement, attached hereto
and incorporated herein.
Section 3: That this Resolution shall be in full force
and effect immediately upon its adoption and approval.
~ day ~~o~~~~co~n~~~7~f the City of Eagle, Idaho, this
~ day ~~J~~M~y~~8~: the City of Eagle, Idaho, this
~-
---~ :\
. /-ATTE""j'" : \
/ \ '
(
MLDkajO33
& ~(? -
~~r Ca~ al~ 7
/