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Minutes - 2004 - Planning & Zoning - 06/14/2004 - Regular ORIGfNAL EAGLE PLANNING AND ZONING COMMISSION June 14, 2004 6:30 PM The Planning and Zoning Commission met in regular session on June 14,2004 Chairman Bandy presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present LIEN, BANDY, GLA V ACH. Absent; DECKERS, CROOK. A quorum is present. 3. CONSENT AGENDA: A. Minutes of June 1,2004 Lien moves to approve the Consent Agenda as presented. Seconded by Glavach. ALL A YE...MOTION CARRIES. 4. PUBLIC HEARINGS: A. A-I-04/RZ-I-04/PP-I-04 - Tanelerose Subdivision - Georee Crandlemire: George Crandlemire, represented by Tealeys Land Surveying, is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-E (Residential- Estates - up to one dwelling unit per two acres), and preliminary plat approval for Tanglerose Subdivision, a 13-lot (ll-buildable, 2-common) residential subdivision. The 24.1O-acre development is located south of Beacon Light Road, approximately 1500 feet west of N. Eagle Road. Bandy introduces the item. We will hear both item 4A & 4B at this time as they are similar applications. Pat Tealey, 2501 Bogus Basin Road, Boise, representing the applicants presents the applications. The Nutrient Pathogen study from Strata, Inc. was just submitted today. (These are handed out to the Commissioners). Mr. Tealey discusses this letter/study. Mr. Tealey states that they have met three times with the Eagle Fire Department. They have not been able to meet the requirements of the department to provide sufficient fire flows. Discussion on fire protection. Jeff Lowe, City Staff presents the staff report. Mr. Lowe states that if we do not have all the signatures on the final plat that the City would not be able to accept building permits. Bandy opens the public hearing. Pat Tealey provides rebuttal. Bandy closes the public hearing. Chris Yorgeson, City Attorney explains funding for providing new services to subdivisions; a late comer's agreement and LID's Bandy moves to deny A-I-04/RZ-I-04/PP-I-04 - Tanglerose Subdivision - George Crandlemire should Central District Health lift sanitary restrictions then it could be approved. If the fire department and the applicant can come to a mutual agreement than Page 1 of 1 K:\P&Z\MINUTESITemporary Minutes Work Area\PZ-06-I4-04 min.doc it could be approved, otherwise they may need to look at an LID. Seconded by Lien. Bandy retracts his motion. Bandy moves to approve A-I-04/RZ-I-04. Seconded by Lien. ALL A YE...MOTION CARRIES. Bandy moves to deny PP-I-04 - Tanglerose Subdivision - George Crandlemire should Central District Health list sanitary restrictions then it could be approved. If the fire department and the applicant can come to a mutual agreement than it could be approved, otherwise they may need to look at an LID. Seconded by Lien. ALL A YE...MOTION CARRIES B. A-2-04/RZ-2-O4IPP-2-04 - Pony Subdivision No. 2E. - Thomas & Connie Jones: E. Thomas & Connie Jones, represented by Tealeys Land Surveying, is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-E (Residential-Estates - up to one dwelling unit per two acres), and preliminary plat approval for Pony Subdivision No.2, a 13-lot (9-buildable, 4-common) residential subdivision. The 21.55-acre development is located south of Beacon Light Road, approximately 1500 feet east of North Ballantyne Lane. Bandy moves to approve A-2-04/RZ-2-04. Seconded by Lien. ALL A YE...MOTION CARRIES. Bandy moves to deny PP-2-04 - Pony Subdivision No. 2E. - Thomas & Connie Jones, with the same stipulations as Tanglerose Subdivision. Should Central District Health approve the Nutrient Pathogen study this could be approved. Also, if an agreement is met with the fire department then this could be approved. Seconded by Glavach. ALL A YE...MOTION CARRIES. C. A-3-04/RZ-3-O4ICU-3-04/PPUD-I-04/PP-3-04 - Shadow Ridee Planned Unit Development - Hillview Development. Com.: Hillview Development, Corp., represented by Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-4-P (Residential up to four units per acre and PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Shadow Ridge planned unit development. The 39.46-acre, 144-lot (I22-buildable, 22-common) residential subdivision is located west of Horseshoe Bend Road at 10711 through 10867 Horseshoe Bend Road and 10943 through 11053 Horseshoe Bend Road. Bandy introduces the item. Mark Butler, 52 N. t}(\ Street, Eagle. Representing the applicant presents the application. Mr. Butler addresses concerns that the Commissioners had at the last meeting. Better transition to the Westin Property, the lot size discrepancy between the Westins and the adjoining neighbor, provide a tot lot, and have the city review past actions in regard to the buffering. Mr. Butler uses colored photos that he took in the area to aid in his presentation. Jeff Lowe, City Staff presents the staff report. Mr. Lowe discusses the research he did on the buffering actions from other approved subdivisions. Bandy opens the public hearing. Mark Butler stands to address the civil matter on the property dispute. They have a redesign Page 2 of 2 K:\P&Z\MINUTESITerqx>rary Minwes WOTk AreaIPZ-06-14-04 min.doc just in case there is a lot shift Bandy closes the public hearing. Mark Butler stands to address a question by Bandy regarding ACHD conditions. Bandy calls a 10 minute recess at 8:00 pm. Jeff Lowe stands to address the site specific conditions of approval. Bandy moves to approve A-3-04/RZ-3-04/CU-3-04/PPUD-I-O4IPP-3-04 - Shadow Ridge Planned Unit Development - Hillview Development, Corp with the following; accept all staff recommendations except with the following changes to the site specific conditions of approval; SSC #7. Provide a revised plat showing the addition of usable open space as shown on the plan date stamped by the City of Eagle, June 10,2004 Strike SSC # 8 & 9 Modify #10 "Provide a revised plat delineating the entire 75-foot wide buffer area along State Highway 55 to be within both a common lot and an easement as depicted on the preliminary plat date stamped by the City of Eagle on April 21, 2004... Strike SSC #13 SSC #15 shall read; use applicant's language "The duplex lots noted on note #11 on the submitted plat shall be approved with this application. The setbacks proposed on note #13 of the submitted plat shall be approved with this application". SSC #16 revise the language to read, "Provide a revised plat changing note no. 3 on the plat to state that the easement width shall be 5-feet (5') on either side of the common lot line" . SSC #19 revise the text to insert the following language; All living trees that do not encroach upon the buildable area on any lot or upon any area planned for streets and sidewalks. shall be preserved, 9F-ØS unless otherwise determined by the City Forester. A detailed landscaped plan showing how the said trees... Add a new site specific condition, "Setbacks shall be approved as noted in section G of site data of staff report to be applied as shown in color plans submitted by the applicant on June 10,2004". Seconded by Lien. ALL A YE...MOTION CARRIES. D. A-4-04 & RZ-6-04: The applicant is requesting approval of an annexation and rezone from RUT, R4 & R-l (Residential) to A-R-DA, R-2-DA, R-3-DA (Residential), C-I-DA (Commercial), & PS (Public/Semi-Public) with individual annexation/development agreements. Glavach moves to continue A-4-04 & RZ-6-04 to the June 28, 2004, Planning & Zoning Meeting. Seconded by Lien. ALL A YE...MOTION CARRIES. E. ZOA-4-04 - The City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 1 "Zoning Interpretation and Definitions", Section 2 "Rules and Definitions", and Chapter 2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations", to add a definition of "Portable Classroom", and to allow Portable Classrooms as permitted uses within the PS (Public/Semipublic) zoning district and within certain other zoning districts through the approval of a conditional use permit. Bandy moves to remand ZOA-4-04 back to staff until further notification. Seconded by Page 3 of 3 K:\P&Z\MINUTESITetqX)rary Minutes Wort AIeaIPZ.()(j..I4-04 min.doc Lien. ALL A YE...MOTION CARRIES. 5. 6. NEW BUSINESS: None UNFINISHED BUSINESS: A. 04-02-S/04-02-PR - Fease & Ellensohn - Amended Viejo Estates Subdivision: Fease & Ellensohn, represented by Shawn Nickel with Land Consultants Inc., is requesting preliminary plat approval for Amended Viejo Estates Subdivision, a 26.35-acre, 7-lot (5-buildable, i-common, i-private road) residential subdivision and wholesale nursery (existing) located on the south side of Old Valley Road approximately 650-feet east of Linder Road at 4557 Old Valley Road. This site is located in the Eagle Area of Impact. Bandy introduces the item. Jeff Lowe, City Staff presents the item. Mr. Lowe gives a brief overview of the application. The Planning & Zoning Commission for Ada County has already heard this item and recommended approval. Mark Butler, 52 N. 2nd Street. Mr. Butler representing the applicant explains the reason no one was present at the previous meeting when this application was heard. Bandy moves to approve 04-02-S/04-02-PR - Fease & Ellensohn - Amended Viejo Estates Subdivision with the recommended staff site specific conditions of approval. Seconded by Glavach. ALL A YE...MOTION CARRIES. 7. REPORTS: None 8. ADJOURNMENT: Bandy moved to adjourn at 8:50 p.m. Seconded by Glavach. ALL A YE...MOTION CARRIES... RESPECTFULLY SUBMITTED: APPROVED: ,., "","," ~., '" to" --{ 0 F E A 'I, ,,",~ .......,'~' 1#1 if Cì ... ~. . '. #'"- ~ . ~.r' . . .. . . o. .. : Iv ~ . . . :*: ...~.-*: . . .. " \'"1, ~ ~~ ' . : ~ <.p ..(\r -. :: ':. .?> .'- ' :: ** .A .." " . ." l'lt, . ,.' ""'" ~~-. - ¥.{l¡~~ - SHARO K. BERGMANN CITY CLERKffREASURER -"'" ~1~ A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL. Page 4 of 4 K:\P&Z\MINUTES\TeIq'OI1If)I Minutes Work Area\PZ-06-14-04 milLdo<: Proposed staff report revisions submitted to the Planning and Zoning Commission by Land Consultants Inc on May 10, 2004.��,2 (c 0-0 SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all site specific recommendations provided within the City Engineering firm's (Holladay Engineering) letter dated April 23, 2004. 2. Comply with all conditions of the April 23, 2004, Ada County Highway District report (or as approved by the ACHD Commission), including but not limited to adhering to the restricted access on Horseshoe Bend Road. The City of Eagle supports the District's policy of limiting access to collector roadways. Provide a revised plat showing which driveways are to be eliminated and those approved for access to Horseshoe Bend Road, prior to the City approving a final plat. 3. Construct curb, gutter, and five-foot wide meandering concrete sidewalk along Horseshoe Bend Road abutting the eastern boundary of this site. All construction shall be in accordance with the standards and specifications adopted by the Ada County Highway District. We see no connection between this requirement and our development. The need for curb and gutter is not created by our development. 4. The developer shall provide 3-inch minimum caliper shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 5. The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to the approval of a final plat for this site. Page 1 of 6 This condition appears to be arbitrary and not based upon the code or reasonable planning expectations. The subdivision includes detached five foot wide sidewalks on both sides of the streets. The largest block in the subdivision would require a walk of less than 1 /3rd of a mile. The longest walk would be from the most southwest portion of the subdivision to the most northwest section, a distance of approximately 2/3rds of a mile. Additional unnecessary pathways would merely add to the increasing obesity of the society which has been a serious planning concern which most recently was discussed at the national American Planning Association Convention in Washington DC just last month. development, This condition appears to be arbitrary and not based upon past actions by the City Council or code. The staff report refers to "... various concerns regarding the open space proposed by the applicant including the location and amount, as well as the configuration of the buffer areas." The location of the proposed park site is prime in that it is centrally located within the lower section of the subdivision. A person needs to walk less than '/2 of a mile to get from the north section to the park. Furthermore, when the parcel between the north and south section is developed the walk is reduced to 2 tenths of a mile. The amount of open space provided exceeds City code. 10.8% is required and 12.3% is provided. The configuration of the buffer areas are as has been approved dozens of times by the City and in conformance with the code requiring said buffers. The code specifically states that, "The buffer shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right-of-way line of the roadway." The result of the staff recommendation is to force the buffer area to be entirely within a common lot (where the code says it can be in a common lot or easement) and then force a building setback from the common lot line. This is clearly contrary to the code. Page 2 of 6 8. Provide a revised plat delineating those lots less than 8,000 sgu re feet ir, si be equa to or greater than Q nsqare fee , nnuZLt . This is permitted with the PUD. Only eight lots are smaller than the 8000 square foot required and open space has been provided on a one to one basis as allowed for compensation per Eagle code. Furthermore, these few lots are well located at the south most portion of the property adjacent to the trailer park. 9,—Pfevide-a-r-evised-pl-at-delineating those lots less than 70 feet in width to be equal to or greater than 70 feet wide. This is permitted with the PUD. 1 n Provide revised plat del eating the entire 75 foot wide buffer area along State Highway 55 to be within a co the common lot as well to provide pedestrian and m irte„anee µccess to the buffer area. The configuration of the buffer areas are as has been approved dozens of times by the City and in conformance with the code requiring said buffers. Eagle City code specifically states that, "The buffer shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right-of-way line of the roadway." The result of that staff recommendation is to force the buffer area to be entirely in a common lot (where the code says it can be in a common lot or easement) then force a building setback from the common lot line. This is clearly contrary to the code. Also, the sewer district permits the sewer easement. To encourage pedestrian access in this location would seriously compromise safety of the residents. 11. The applicant shall submit a design review application and landscape plan showing fencing (if proposed), trees, landscaping, and berming, and planting details within the required 75 foot wide buffer area along State Highway 55 abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. Eagle City code specifically states that, "The buffer shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right-of-way line of the roadway." Page 3 of 6 12. Provide a revised plat delineating a continuous 35-foot wide common lot for the buffer area along Horseshoe Bend Road and -extending except where driveways are approved to be retained by ACHD and except across the eastern boundary of Lot 1, Block 2. Alternative methods of compliance are permitted per Eagle City code in cases like this where there is significant landscaping and where there are existing homes. This condition is unreasonable and impractical unless modified as proposed. 13. Provide a revised plat increasing the minimum street frontage on Lot 8, Block 3, to 35 feet. This is permitted with the PUD. 14. The applicant shall submit a design review application and landscape plan showing fencing (if proposed), trees, landscaping, and berming, and planting details within the required 35 foot wide buffer area along Horseshoe Bend Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. Eagle City code specifically states that, "The buffer shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right-of-way line of the roadway." 15. Provide a revis ,a plat strik irg note nes , , nd 1 3 (relating to d piex lots and � uuN.�ii .v� reduced setbacks). The duplex lots noted on note #11 on the submitted plat shall be approved with this application. The setbacks proposed on note #13 of the submitted plat shall be approved with this application. Denying the verity of housing types and setbacks requested is absolutely contrary to the primary purpose of a PUD stated within Eagle City Code Section 8-6-1 (A). It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements. Page 4 of 6 width -shall be s; feot «') on either o; „f th common l t lino This is permitted with the PUD. 17. The applicant shall place a note on the final plat that all common lots are to be owned and maintained by the Shadow Ridge Homeowner's Association. The applicant shall provide a copy of the CC&Rs which include a similar statement regarding the common lots for review and approval, prior to the City Clerk signing the final plat. 18. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from the site prior to the City Clerk signing the final plat. Demolition permits hall be obtained prior to the removal of said buildings. 19. All living trees that do not encroach upon the buildable area on any lot or upon any area planned for streets and sidewalks, shall be preserved, er-as unless otherwise determined by the City Forester. A detailed landscape plan showing how the said trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Minor clarification. 20. The applicant shall have an on -site meeting with the City Forester to survey all existing trees. Subsequent to the on -site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 21. The applicant shall submit cut sheets showing street lighting details for review and approval by the City with the submittal of a final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 22. Place a note on the final plat stating that direct access to State Highway 55 is prohibited. 23. Useable open space amenities, subdivision signage, common area, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review Board prior to the submittal of a final development plan and final plat. 24. The entire Shadow Ridge development shall remain under the control of one Homeowners Association. The applicant shall provide a copy of the CC&Rs for review and approval, prior to the City approving the final plat. 25. The applicant shall provide construction drawings for review and approval by Page 5 of 6 the City Engineer for a pressurized irrigation system (supplied by the on -site well) to serve each common lot with water prior to the approval of a final plat. The system shall be designed to meet all standards as required by the City Engineer. 26. The CC&Rs for the Shadow Ridge Homeowner's Association shall provide that the association shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees. 27. The CC&Rs for the Shadow Ridge Homeowner's Association shall provide that the storage of any vehicles, whether they be automobiles, recreational vehicles and equipment, watercraft and the like shall only be stored in an enclosed garage, or within the side lot area screened by a fence, upon each Lot. 28. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 29. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 30. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This street is to be extended in the future". Page 6 of 6 MAY-27-2004 23:20 LAND CONSULTANTS INC 208 938 5873 P 02/02 City of Eagl Public Records Informati File: RECEIVED & FILED CITY OF EAGLE MAY 2 8 2004 In accordance with I.C.9-348, No agency or Independent public body corporate and politic may distribute or sell for use as a mailing Ilst or a telephone number list any list of persons without first securing the permission of those on the list. Name: _D ► L&{_ COYI d U l-I Gl ►'l S }111 C_ Address: 25€ L W. a -►tot Cf-f T f q L- Telephone : q 3 r - 31'1;1- Fax Number (optional): Date of Request: 5" -2,f Information Requested (Please be specific): 4fc✓wL e r n-e-I f- baw- - O-c a eavvy. AbovF 4P - i' '' This f d�iL.e. City Employee Processing Request: \ o L liDenco Date Completed: Fees Collected & Receipt #: I\iO l Notes: Eagle City Council Resolution # 7-96, requires payment for copies of all documents at a rate of $.10 per page (copies under 10 pages, please refer to resolution). I.C. 9-339(1) - If more than three (3) working days are needed to process this request, the requestor shall be notified, with the documents or response following within ten (10) days. City of Eagle P.O. Box 1520 Eagle, ID 83616 Clerk's Office: 939-6813 - Planning Dept.: 939-0227 fax: 939-6827 K:\CLERKS\FORMS\APPLICATIONS\PUBLIC RECORDS REQUEST TOTAL P.02 RESOLUTION NO. {p " d 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 estahl i sham 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: Sectio 1: That the City of Eagle hereby adopts the Eagle Area of City Impact Agreement, the terms of whic4 Itre spelled out by reference to Ada County Ordinance No. A// , and Eagle City Ordinance No. , which documents are attached hereto and incorporated here n. 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. ADO7 the Council of the City of Eagle, Idaho, this 13 day of , 1987. AP pv the Mayor of the City of Eagle, Idaho, this 13 day o , , 1987. Mayor Carol aley ATTE trbara Montgo City Clerk MLDkaj033 Resolution WHEREAS, Idaho Code 67 6526 mandates all cities and counties to negotiate and adopt Area of Impact agreements by ordinance; and have adopted an Area of Impact vniEREAs the City of Eagle and Ada County the Eagle Area of agreement for plans ani ordinances to apply �' �reernent providing Impact; and cooperation between the I�i{EREAS, such agreement necessitates coordination ordinance amendments and County in processing P City of Eagle and zoning applications; and ��esses; WHEREAS, flexibility is essential in such p• le BE IT RESOLVED that the following agreement between the City of Eagle THEREFORE, and Ada County be adopted. Amendment of Plan Policies and Ordinances for the Area of Impact. 1.0 _�— rehensive Plan amendment proposed by applicants within the ] .1 Any CAP of le and the Board of Eagle Area of Impact shall be proposal to the City E bythat CityBoaro Commissioners, and shall be considered concurrently adopted by Ada County Eagle Comprehensive Plan, by the Board •� an amendment to the .,ag County. Comprehensive Plan being con- 1.2 A11 proposed amendments to the Eagle Comp shall be received by the Board of County Comissioners,1ssio the City of le ners, the Ada County Zoning Department, and the Ada Planning Ca11c hearing by the City of Association at least 15 days prior to any pub Eagle on such proposed amendment. 1.3 The Board of County Commissioners shall determine whether or not the proposed amendment is, or may be, in conflict with one or more of the goals, objectives or policies of the County Comprehensive Plan. If the Boarduty determines that such amendment is, or may be, in conflict with h to writing Comprehensive Plan, it shall notify the Mayor of Eagle prior to such public hearing. 1.4 Once an amendment to the City's Plan is adopted by the City of Eagle, a Board of County copy of the final document shall be7recei received t, the the Ada Planning Commissioners, the Ada County Zoning pa with tas to when Association within 7 days after its adoption, alogSuch notice ent shallh the amendment will take effect in the City of Eagle. for automatically take affect in the Plan, as adopted by the City of Eagle, the Eagle Area of Impact 6 months after the Board's receipt of noise the f adoption of such a'1en]sionersHowever, determines thatisuchthe arnen3menthis�, or may be, Board of County Commis of the in conflict with one or more of the goals, objectives or policies County Comprehensive Plan, and notifies the City of Eagle in writing as to such determination within that time, ch?endment shall Rene+�otiationIprocedurestake eshall for the City of File in the AreaPact then be followed as outlined ^ in section of this ordinance entitled, "Rer,egot i ation of This Agrees ...,� to t3,P text of the Ada County Zoning and 2.0 Processing of Zoning and Planning hatters in the Eagle Area of Wit— 2.1 The Ada County Zoning Department shall administer the Eagle Comprehensive Plan within the Eagle Area of Impact. The County Zoning Administrator shall coondeasuconsistentlyaasopossiblethe within the Eagle so that the Plan is administered jurisdictions. 2.2 Referrals of all zoning and subdivision applications (i.e., subdivision plats, rezones, conditional use permits, traffic and development plans, variances, etc.) in the Area of Impact shall be sent to the Eagle Planning and Zoning Commission and to the Mayor of Eagle. The Eagle Planning and Zoning Commission shall make recomneniations on all zoning applications and p1 anni nT ratters within the Eagle Area of Impact to the advisory and such Yy..... .-,.� its reasons for making decision --making bodies of Ada County, incluiing r its recommendations and the Comprehensive Plan policies that support recarmendations. Such zoning recommendations shall be made by a quorum of the Commission, shall be in writing, and shall he received by the Ada County Zoning Department not later than thirty (30) days after the date the referral was transmitted by the County. Neither the Board of County Commissioners nor the County Planning nor Zoning Commissions shall formally consider any application within the Eagle Area of Impact, until the recom- mendation of the Eagle Planning and Zoning Commission has been received or until the date for County receipt of the City's recommendation has passed. 2.3 The Eagle City Council may make recommendations on planning andzoning matters within the Eagle Area of Impact to the Board of County Commissioners or the other decision -making bodies. The Council's written recommendation, to be considered by the County, must be received by the County Zoning Administrator within 10 days following the e�Suchnrof the for3herxiagie Planning and Zoning Corrrnission on the app ication on shall be Trade by a quorum of the Council. Neither the Board of County Commissioners nor the County tPPlanning aand Zoning of Commithe ssions sha lbfor ly consider such matters until received, or the specified time for receipt of such recommendation has elapsed. 2.4 The Ada County Zoning Administrator will notify the City of Eagle in writing of the County action taken on an application within the Area of Impact within 15 ,days following the final decision on such matters. AJopted this A/4 day of,1,L_,,, 84 ry D in A. flendiola, , Mayor JUN-01-2004 TUE 02:10 PM FM NO, P, 01 ADA COUNTY DEVELOPMENT SERVICES 200 WEST FRONT ST. BOISE, ID 83702 PHONE (208)287-7900 FAX (208)287-7909 FAX COVER SIFT TO: ROM: Elaine Pinter, Records Clerk COMPANY: I z.vr) v`' FAX NUMBER. 93 - 59 �3 TOTAL NO. OF PAGES INCLUDING COVER: jye RE: COMMENTS: P6r yew,' //)`6,-rtnai).v>n . JIJN-01-2004 02:31 95% P.01 JUN-01-2004 TUE 02:11 PM FAX NO. P. 02 Resolution # 500 AT A DULY CONVENED MEETING OF THE BOARD OF ADA COUNTY COMMISSIONERS, THE FFOLLOWING RESOLUTION WAS ADOPTED, TO -WIT: 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 Section 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 requirements 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 appl tcati ons ; NOW, THEREFORE, BE IT RESOLVED that the Board of Ada County Commissioners hereby adopt the Eagle Area of City Impact Agreement, the terms of which are spelled out by reference to Ada County Ordinance # 181 , Eagle City Ordinance # 121 , which documents are attached hereto and incorporated herein; and, THE BOARD OF ADA COUNTY COMMISSIONERS hereby further adopts the Eagle City/Ada County Referral Process Agreement, attached hereto and incorporated herein. APPROVED AND ADOPTED by the Board of Ada County Commissioners this 24th day of September , 1987. ,,F2SS;0° • -• 4 BOARD OF ADA COUNTY COMMISSIONERS By: r" Mic ae1 J nson, Chairman By: By: SENT) Peavey, Commissioner • ernon ster e •t, o issioner JUN-01-2004 02:31 95°: P.©2 JUN-01-2004 TUE 02:11 PM FAX NO. P. 03 Attachment to County Resolution CITY OF EAGLE/ADA COUNTY REFERRAL PROCESS AGREEMENT Section 1.0 AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES 1.1 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 (15) 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 conflict with one nr more of the Conspi chcn� i vc Plan or the Ada County Zoning Ordinance. The Ada County Department of Development 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 Eagle City Council has rendered a final decision to adopt an amendment to the Eagle City Comprehensive Plan, the Eagle City Subdivision Ordinance, or the Eagle City Zoning Ordinance, the Eagle City Clerk shall, within fifteen (15) days forward a copy of the final 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 will 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 Planning and Zoning Commission to schedule 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. 500 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 Ordinance, or the Eagle City Zoning Ordinance. The Eagle City Council shall notify the Ada County Department of Development Services of such determination 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. JUN-01-2004 02:32 95 P.03 JUN-01-2004 TUE 02:11 PM FAX NO. P. 04 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 decision 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 Eagle City Council 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 public 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 Ada County Department of Development Services shall send to the Eagle City Clerk all county applications for planned developments, subdivisions, rezones, and conditional use permits located within the Eagle Area of City Impact, ty-.five (45) days prior —co county public hearing on such application. The Eagle Planning a 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 provisions supporting such recommendation. Such recommendation 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 Neither the Board of Ada County Commissioner nor the Ada County Planning and Zoning Commission shall hold a public hearing on such application until the recommendation of Eagle City Council or Eagle Planning and Zoning Commission, as the case may be, has been received, or the date the County should have received said Counsel's or o`ission's recommendations, specified above, has passed. 3.3 The Ada County Department of Development 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. JUN-01-2004 02:32 95:%• P.04 , I