Ordinance - 1980 - 62 - Application Of Plans & Ordinances For The Area Of Impact Limited Annexation - 10/14/1980(
Ordinance No.
TITLE: (Q
69
AN ORDINANCE PROVIDING FOR THE APPLICATION OF PLANS AND ORDINANCES FOR THE EAGLE
AREA OF IMPACT: PROVIDING THAT THE CITY OF EAGLE WILL LIMIT ANNEXATION OF
UNINCORPORATED LANDS TO ITS AREA OF IMPACT: PROVIDING THAT ADA COUNTY WILL NOT
ALLOW URBAN DEVELOPMENT TO OCCUR OUTSIDE OF CITY AREAS OF IMPACT: APPLYING THE
EAGLE COMPREHENSIVE PLAN WITHIN THE CITY'S AREA OF IMPACT: APPLYING THE ADA
COUNTY ZONING ORDINANCE WITHIN THE EAGLE AREA OF IMPACT: PROVIDING APPROVAL OF
ALL PLATS SITUATED WITHIN THE EAGLE AREA OF IMPACT BY THE EAGLE CITY COUNCIL:
PROVIDING FOR THE AMENDMENT OF THE EAGLE AND ADA COUNTY COMPREHENSIVE PLANS TO
BE CONSISTENT WITH THIS AGREEMENT: PROVIDING FOR FUTURE REZONING OF LAND WITHIN
THE EAGLE AREA OF IMPACT: PROVIDING FOR RENEGOTIATION OF THIS AGREEMENT IN THE
FUTURE: AND PROVIDING A SERVERANCE CLAUSE AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF ADA COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO,
pursuant to authority under Section 67-6526 Idaho Code, that the following be
adopted:
1.0 Area of Impact Boundary.
1.1 The Eagle Area of Impact is as shown in Annex "A" Attached.
Upon annexation of any portion of the Area of Impact into the City of Eagle,
the provisions of this agreement shall no longer apply to such annexed
areas.
2.0 Annexation to Occur Only in Area of Impact.
2.1 The City of Eagle shall limit its annexation of unincorporated terri-
tory to those lands within its Area of Impact. If the City of Eagle wishes
to annex lands outside of its Area of Impact, it will renegotiate its Area
of Impact boundary with Ada County in accord with Idaho Code 67-6526 (d).
2.2 In turn, Ada County will not permit urban development to occur outside
of the Areas of Impact, with the exception of the Star Urban Service
Planning Area and the Southwest Community. (Such development allowed by
zoning in existence as of this date may be permitted.) If the County deter-
mines that urban development should occur in an area outside of an Area of
Impact, it may attempt to renegotiate an Area of Impact boundary in accord
with Idaho Code 67-6526 (d) to include the subject land. The uses anJ resi-
dential densities permitted in the D-1 and G-1 zones of the Ada County
Zoning Ordinance as of this date shall serve as a guideline for determining
those uses and densities which do not constitute urban development.
3.0 Plan Policies and Ordinances to Apply in the Eagle Area of Impact.
3.1 The Eagle Comprehensive Plan, as adopted and amended by the City of
Eagle and by Ada County, as of Octpler 14. 1980 , shall apply
within the unincorporated Area of Impact, in accord with the provisions of
this agreement. It is hereby clarified that this Plan shall be interpreted
by the City of Eagle and Ada County, for any proposed rezone of land in the
Agricultural/Rural Residential designation to zone districts other than the
D-1 (Rural) or G-1 (General) districts, to require a Plan amendment which
would designate such land as Urban Residential, Commercial or Industrial on
the Lard Use Map.
3.2 Both the City of Eagle and Ada ';ounty shall amend their Comprehensive
Plans to conform with this agreement.
3.3 The Ada County Zoning Ordinance shall apply within the unincorporated
Eagle Area of Impact to implement Plan policies. The County shall continue
to update its zoning ordinance to provide districts more appropriate to
implement the Comprehensive Plan policies.
3.4 In accord with 50-1306, Idaho Code, all plats situated within the Eagle
Area of Impact shall be submitted to the City of Eagle and be approved by
the City Council, in addition to Ada County approval, before the same shall
be recorded. The Eagle City Council shall use the Eagle Zoning and
Subdivision Ordinances and the Eagle Comprehensive Plan as guidelines for
approving these plats.
4.0 Zoning of Land Within the Eagle Area of Impact.
4.1 Rezoning of rural land to urban designations shall generally occur as
the result of annexation of such land to the City of Eagle. In those excep-
tions where rezoning cannot be accomplished as a result of annexation, Ada
County shall consider such rezonings in coordination with the City of Eagle
as provided within this agreement.
4.2 Those lands within the Eagle Area of Impact, which are presently zoned
inconsistently with the Eagle Comprehensive Plan, shrill be considered in the
future for rezoning by the County to a zone district of the Ada County
Zoning Ordinance which is in accord with the designation and/or policies of
the Eagle Comprehensive Plan. Until such rezoning occurs, these parcels
shall remain under their current Ada County zoning. Rezoning of these lands
shall be coordinated with the City of Eagle as provided within this
agreement.
5.0 Renegotiation of This Agreement.
5.1 In accord with Idaho Code 67-6526 (d), the City of Eagle or Ada County
may request in writing to renegotiate this agreement at any time. Within 30
days of receipt of such written request by either party, arrangements shall
be made for a meeting between the two jurisdictions.
5.2 During the period in which renegotiation of this agreement is
occurring, all provisions of this agreement shall remain in effect until
agreement otherwise is reached between the City of Eagle and Ada County,
and the agreernent is amended by ordinance, in accord with the notice and
hearing procedures provided in Section 67-6509 Idaho Code, or until a
declaratory judgment from the District Court is received, unless both juris-
dictions agree in writing that the provisions of this agreement should be
terminated until a revised agreement can be renegotiated.
6.0 SEVERANCE.
Should any section, clause or provision of this Ordinance be declared
invalid by a court of competent jurisdiction, the same shall not affect the
validity of this Ordinance as a whole or any part thereof other than the
part so declared to be invalid, each section, clause and provision hereof
being declared severable.
7.0 EFFECTIVE DATE.
This Ordinance shall be anqis hereby declared to be in full force and
effective on
ADOPTED this /y day of
ith A. Mendiola City ler
a
ry Decd., Mayor
FL*
ORDINANCE #61
ANNEX "A"
The Eagle Area of Impact is that area shown on this map.
In the case that a property under signle ownership is divided by the
boundary line of the Eagle Area of Impact, if such line divides such
property so that one or both of the parts has a depth of 300 feet or
less, such part may be included in the jurisidiction within whict the
remainder and larger portion of the property is located.
•
1)
G1
13
FNf!
i
z
Fr -
7
mit r �.1 I! ®ri® El BIM ElII®11®IS run mi4®
I+or•.-cc 20 �" -
--�. j Q-
�- j
. 7.7 d 1 o .
c_ l,, , ' ,, - 1—'-
136
\ �T 1
I 1it:ncnrl 1 I' t_IctiT '11 . J
LC) 3
. =�: a+c_on on, on nt w - m T._ on *. on ;Lin o .I`m_ia _ ma _ %. la lin VS. l'w _ a. Ma .. �, .. _
I' l3i__..1____. fit' J• -/i, 4 F
!il,i 6 7.:::-1,:..J
dry T /
A -.a« -,:y: w EAGLE
N - LOAT r'4 i , 1 Ft -J. -S ►1e iL t .7.1
---- 1- 07 — o. a Illi MI 'AM sic} __q.n�.p�-�- a. sz_sn w�. .ea,"fa '� VI V
I 111J ,,�
In .i 1 r , 11 ."' p 0 V. E R - E /. piEll
�11 /. •�
Ca
»
1•(----;
' CREEK Vt.
-. •
Ip„
1
Lti
u)
a;
A
I I
E ogle s o d t..,
[71 itt47
1
Oda
1
Cr(
c• AY
1
ti ____ rt 1
ITY7
�v• t �� . ;
1, i N,_
I tZ'11
Y—x
I I
x -x
x—x
CANAL
e f z
•
11.
v2
9. :
ds
Etuistaim wow
co
0
LCREEK VALLE
36
6
IDAHO POWER I:CO• •
F�,oAT/.LIQ
feA %
•-
• -- ail
•
ge
w
U)
0
m
i
I�.
36
31
I•.
)= 4.ti.:r� r
•rQ
'Jstick
T-
•
I Rg-C
gir§±Fat
NEMNINIS
MERIDIAN{
__26_07•
Bronchi
1rt
muse rUSluvi! a
"Skip" Smyser (R) 6,231
Dorothy Reynolds (D) 4,590
DISTRICT 12
Senate
Leon Swenson (R) 5,325
Packing up
lunteers Steve
exchange good-
ve items from
uarters at 8th
STATE OF IDAHO)
COUNTY OF ADA )
ss.
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 uninter-
ruptedly 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 regular edition of The Idaho Statesman
for one insertion, in the issue of
November 6
19 80
)';'4/774,62c. `Zz!c L( , , Principal Clerk
and Bannock sti Subscribed and sworn to before me this
bid for re-elect]
publican Steve dayof
hotly contestee
.,......
November
Notary Public for
1980
6 th
ing at Boise, Idaho
�2