Ordinance - 1996 - 270 - Amend Title 8-6-6-2 Uniform Notice For Land Use - 05/29/1996ORIGINAL
CITY OF EAGLE
Uniform Notice Ordinance
ORDINANCE NO. 270
RELATING TO PUBLIC NOTICE FOR LAND USE ACTIONS; AMENDING EAGLE
CITY CODE SECTION 8-6-6-2 TO PROVIDE FOR UNIFORM NOTICE REQUIREMENTS FOR
PRELIMINARY DEVELOPMENT PLANS OF PLANNED UNIT DEVELOPMENTS;
AMENDING EAGLE CITY CODE SECTION 8-7-3-5.C. TO PROVIDE FOR UNIFORM
NOTICE REQUIREMENTS FOR CONDITIONAL USE PERMITS; AMENDING EAGLE CITY
CODE SECTION 8-7-4-4.A. AND B. TO REQUIRE UNIFORM NOTICE REQUIREMENTS FOR
VARIANCES; AMENDING EAGLE CITY CODE SECTION 8-7-5.E. TO REQUIRE UNIFORM
NOTICE REQUIREMENTS FOR ZONING TEXT AND ZONING MAP AMENDMENTS;
AMENDING EAGLE CITY CODE SECTION 8-7-6 TO PROVIDE FOR UNIFORM NOTICE
REQUIREMENTS FOR ZONING UPON ANNEXATION; AMENDING EAGLE CITY CODE
SECTION 8-7-8 TO RENUMBER IT TO 8-7-9; AMENDING EAGLE CITY CODE SECTION
8-10-1.D. TO PROVIDE FOR UNIFORM NOTICE REQUIREMENTS FOR DEVELOPMENT
AGREEMENTS; AMENDING EAGLE CITY CODE SECTION 9-2-3 TO REQUIRE UNIFORM
NOTICE REQUIREMENTS FOR PRELIMINARY PLATS OF SUBDIVISIONS; AMENDING
EAGLE CITY CODE SECTION 9-6-4 TO PROVIDE FOR UNIFORM NOTICE
REQUIREMENTS FOR GENERAL SUBDIVISION ORDINANCE AMENDMENTS; ENACTING
A NEW EAGLE CITY CODE SECTION 8-7-8 TO ESTABLISH UNIFORM NOTICE
REQUIREMENTS FOR COMPREHENSIVE PLAN AND ZONING ORDINANCE TEXT
AMENDMENTS, COMPREHENSIVE PLAN LAND USE MAP AND ZONING ORDINANCE
MAP AMENDMENTS, DEVELOPMENT AGREEMENTS, CONDITIONAL USE PERMITS,
VARIANCES, PLANNED UNIT DEVELOPMENTS, AND SUBDIVISIONS, TO REQUIRE FOR
ALL SUCH LAND USE ACTIONS TWO HEARINGS, NOTICE PUBLISHED FIFTEEN (15)
DAYS PRIOR TO EACH HEARING, AND MAILED NOTICE TO POLITICAL SUBDIVISIONS
PROVIDING SERVICES, AND, IN THOSE ACTIONS AFFECTING SPECIFIC PROPERTY, TO
REQUIRE ADDITIONAL MAILED NOTICE TO ALL PROPERTY OWNERS AND
PURCHASERS OF RECORD WITH PROPERTY WITHIN THREE -HUNDRED FEET (300') OF
SUBJECT PROPERTY, AND TO FURTHER REQUIRE THAT SUBJECT PROPERTY BE
POSTED WITH FOUR FOOT (4') BY FOUR FOOT (4') SIGN BOARDS, ALL AS MORE
SPECIFICALLY SET FORTH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle recognizes the importance of land use actions to its residents
and their desires to participate in hearings on the same; and
WHEREAS, the Local Planning Act, Idaho Code §§ 67-6501 et. seq., requires only one
public hearing for most land use actions and does not require any public hearing for subdivision
developments, and, with the exception of zoning ordinance district boundary changes ("zoning
ordinance map amendments" and conditional use permits, does not require mailed notice or that
subject property be posted; and
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WHEREAS, the City of Eagle proposes to establish hearing requirements greater than those
established by the Local Planning Act, requiring hearings before both the Planning and Zoning
Commission and the City Council for all land use applications involving Comprehensive Plan Land
Use Map Amendments, Zoning Ordinance Map Amendments, Comprehensive Plan and Zoning
Ordinance Text Amendments, Conditional Use Permits, Variances, Development Agreements, Plan
Unit Developments, and Subdivisions; and
WHEREAS, the City of Eagle proposes to establish greater notice requirements than those
established by the Local Planning Act, making mandatory mailed notice to affected property owners
in all of the foregoing land use actions involving specific parcels of property and to require posting
of such parcels with larger signs at designated locations, all as set forth below.
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 8-6-6-2, be, and the same hereby is, amended
to read as follows:
8-6-6-2: PRELIMINARY DEVELOPMENT PLAN:
B. Public Notice: The same provision for public hearing and legal
notification as required for conditional use permits, subsection 8-7-3-5C 1 Section 8-
7=8 of this Title, shall be followed.
Section 2: That Eagle City Code Section 8-7-3-5, be, and the same hereby is, amended
to read as follows:
8-7-3-5: CONDITIONAL USE PERMIT:
C. Procedure for Approval of Conditional Use Permit: The Commission
shall hold a public hearing on each conditional use permit application as specified in
Section 8-2-38-7-8 of this Title. The Council may approve, conditionally approve or
deny a conditional use permit under the conditions as herein specified and considering
such additional safeguards as will uphold the intent of this Title.
1. Public Hearing, Notice: Prior to granting a conditional use
permit, at l,,aJi ..1lethe Commission shall hold a public hearing in which interested
persons shall have an opportunity to be heard -shall L.,11Vh1. That public hearing shall
be scheduled within thirty (30) days of receipt of an application. At lcast fiftccn (15)
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11Va1:11,.Notice shall be provided as required by Eagle City Code Section 8-7-8.
2. Action by the Commission and Council: Within fifteen (15)
days after the public hearing, the Commission shall transmit its recommendation of
approval or denial to the Council. Within forty five (45) days after receipt of the
Commission's recommendation, the Council shall approve or deny the application.
Priorto-thatthlerThe City Council shall follow the notice and hearing requirements as
f,a v Y11��1�.1V
la,, aJ 1LLa1+ed ua rG.t ail 4a 1 .1%, ,.,,et forth in Eagle City Codi
Section 8-7-8„ If the application is approved or approved with modifications, the
Council shall direct the Administrator to issue a conditional use permit listing the
specific conditions specified by the Council for approval.
Upon granting or denying an application, the Council shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain a permit.
Section 3: That Eagle City Code Section 8-7-4-4, be, and the same hereby is, amended
to read as follows:
8-7-4-4: PROCEDURE FOR APPROVAL OF APPEAL OR
VARIANCE:
A. Public Hearing, Notice: Prior to granting a variance, public
hearing hearings in which interested persons shall have an opportunity to be heard
shall be held. FhatThe public hearing before the Planning and Zonine Commission
shall be scheduled within thirty (30) days of receipt of an application. n
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t/uLl:,, 11L,41111 ,.The Commission shall follow the notice requirements provided by,
Eagle City Code Section 8-7-8.
B. Action by Commission and Council: Within fifteen (15) days after the
public hearing, the Commission shall transmit its recommendation of approval,
conditional approval or denial to the Council. The City Council shall follow the
notice and 1.V1..:.at; acquirements as -provided by I1L1.., L 4x11 da.11,1:�.. L�„ction
AaboveEagle City Code Section 8-7-8 and, within forty five (45) days after receipt
of the Commission's recommendation, the Council shall approve, conditionally
approve or deny the request for appeal or variance.
Upon granting or denying an application, the Council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a variance.
Section 4: That Eagle City Code Section 8-7-5, be, and the same hereby is, amended to
read as follows:
8-7-5: AMENDMENTS [TO ZONING ORDINANCE] :
E. Public Hearings, Notice: The Commission shall hold a public hearing
and make recommendations on proposed zoning amendments. Zoning amendments
may consist of text or map revisions.
1. Zoning Text Amendment: The Commission, prior to
recommending a zoning text amendment to the Council, shall conduct at least one
public hearing in which interested persons shall have an opportunity 11to be heard. At
11 7 day t/11V1 iv IL, 1115, 11Vt1VV ,f L111aV 4111 Y
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withinrdl„j.LL1:.,1:Vtion.The Commission shall follow the notice requirements provided
in Eagle City Code Section 8-7-8. Following the Commission's hearing, if the
Commission makes a material change from what was presented at the public hearing,
further notice and hearing shall be provided before the Commission forwards the
amendment with its recommendation to the Council.
4
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2. Zoning Map Amendment: The Commission, prior to
recommending a zoning map amendment that is in accordance with the
Comprehensive Plan to the Council, shall conduct at least one public hearing in which
interested persons shall have an opportunity to be heard.
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Caaaa'vaalaaava.l VII lark, a VV4J1111a11N111atal,aa 1V the-Council.The Commission shall follow the
notice requirements provided in Eagle City Code Section 8-7-8.
Section 5: That Eagle City Code Section 8-7-6 be, and the same hereby is, amended to
read as follows:
8-7-6: ZONING UPON ANNEXATION: Prior to annexation of an
unincorporated area, the Council shall request and receive a recommendation from the
Planning and Zoning Commission, or the Planning Commission and the Zoning
Commission, on the proposed Comprehensive Plan and changes to this Title for the
unincorporated area. Each Commission and the City Council shall follow the notice
and hearing procedures for Zoning Ordinance Man Amendments set forth in Eagle
City Code Section 8-7-8. Concurrently or immediately following the adoption of an
ordinance of annexation, the Council shall amend the Comprehensive Plan and this
Title.
Section 6: That Eagle City Code Section 8-7-9, be, and the same hereby is, amended to
be renumbered as follows:
8-7-8 8-7-9: VIOLATIONS AND PENALTIES:
A. Complaints Regarding Violations: Whenever a violation of this Title
occurs, or is alleged to have occurred, any person may file a written complaint. Such
complaint, stating fully the causes and basis thereof, shall be filed with the
Administrator. The Administrator shall property record such complaint, immediately
investigate and take action thereon as provided by this Title.
......,.���..---�s.+,:c,:.;.:•.r ww �:.�e:ri.est-:...w._.,.-n.,,.r;.:.�w�.1�«w+s. tar�cA-siln.i�'+3^�'•'6-+ti�if,�..C�:
B. Penalties: The City Attorney shall, in addition to taking whatever
criminal action deemed necessary, take steps to civilly enjoin any violation of this
Title. Penalties for failure to comply with or violations of the provisions of this Title
shall be as follows:
Violation of any of the provisions of this Title or failure to comply with any
of its requirements shall constitute a misdemeanor, and be punishable as provided in
Section 1-4-1 of this Code. Each day such violation continues shall be considered a
separate offense. The landowner, tenant, subdivider, builder, public official or any
other person who commits, participates in, assists in or maintains such violation may
be found guilty of a separate offense. Nothing herein contained shall prevent the
Council or any other public official or private citizen from taking such lawful action
as is necessary to restrain or prevent any violation of this Title or of the Idaho Code.
Section 7: That Eagle City Code Section 8-10-1 be, and the same hereby is, amended to
read as follows:
8-10-1: REQUIREMENTS AND RESTRICTIONS [FOR
DEVELOPMENT AGREEMENTS]:
D. Approval of the Development Agreement:
1. The Council may require a development agreement be executed
to allow a rezone if, in the opinion of the Council, approval of the requested rezone
does not satisfy the requirements set forth in the Zoning Ordinance for rezone
approval, but the particular project or use contemplated has a value to the community
that would justify the use of a development agreement. A development agreement
may not allow a use on the parcel that is not an allowed or coordinated use in the
requested rezone.
2. Development agreements may be recommended by the
Commission and approved by the Council only after a -public hearings- TheEach
public hearing shall follow the notice and provisions of Section G7 -G509 of
the-Idaho-C-ode.E gle Citv Code Section 8-7-8.
3. The Council may add conditions, terms, duties or obligations
to the development agreement.
Section 8: That Eagle City Code Section 9-2-3 be, and the same hereby is, amended to read
as follows:
6
9-2-3: PRELIMINARY NARY PLAT [OF SUBDIVISIONS] :
D. Procedure for Approval of Preliminary Plat:
1. Administrative Review:
a. Certification by Administrator, Public Hearing:
Upon receipt of the preliminary plat and all other required data as
provided for herein, the Administrator shall certify the application as
complete and shall affix the date of application acceptance thereon.
The Administrator shall schedule a public hearing before the Planning
and Zoning Commission, which hearing shall be held within forty five
(45) days of the date of certification of a complete application.
b. Review by Other Agencies: The Administrator
shall refer the preliminary plat and application to as many
governmental agencies as deemed necessary. Such agencies may
include the following:
(1) Other governing bodies having joint jurisdiction;
(2) The appropriate utility companies, irrigation
companies or districts and drainage districts;
(3) The superintendent of the school district; and
(4) Other agencies having an interest in the proposed
subdivision.
c. Recommendation by Administrator: The
Zoning Administrator shall provide that any transmittal as provided in
paragraph b above will be returned within fifteen (15) days. At the
end of the fifteen (15) day period, the Administrator shall prepare a
recommendation to the Commission. All agency responses shall be
supplied by the Zoning Administrator to the Planning and Zoning
Commission,
2. Public Notice: The Administrator shall notify -all w�l;.,al1LE,
pi Vt/Vl ty V YY llV13 11CL1111,1 a iJ C1111 VJJVJ ha b11 uvide�d
.0 11'Jia VV lltterrnoticv Jl.11 L1, 111CL1 Ly uJJ 111CJ at lcast fifteen (1.'i) Jc ., p.:ui
t -tho C1Jlllllu66l0111114.04..k1.1b. The-2‘.1a11u1a,1.liGrr V yVa11�J1 1/.
rl V V1J1V11 .1.11111/. 111VariJaLV L11V VV'11111LJJ1V 11J (LVtiVll, Fa go V:lad t11%.‘ JplilL Vl t1kV
proc.,1,...1, aJ J....,a , .,11 provide notice in accordance with the reauirements of Eagle
City Code Section 8-7-8.
7
3. Action by Commission:
a. Commission's Findings: In determining the
acceptance of a proposed subdivision, the Commission shall consider
the objectives of this Title and at least the following:
(1) The conformance of the subdivision with the
Comprehensive Development Plan;
(2) The availability of public services to accommodate the
proposed development;
(3) The continuity of the proposed development with the
capital improvement program;
(4) The public financial capability of supporting services
for the proposed development; and
(5) The other health, safety and environmental problems
that may be brought to the Commission's attention.
b. Action on Preliminary Plat: The Commission
may recommend approval, conditional approval, disapproval or
tabling for a period not to exceed thirty five (35) days. Such action
shall occur within thirty five (35) days of the date of the regular
meeting at which the plat is first considered by the Commission. The
action, and the reasons for such action, shall be stated in writing by
the Administrator and forwarded to the applicant. The Administrator
shall also forward a statement of the action taken and the reasons for
such action together with a copy of the preliminary plat, to the
Council for its action. Upon granting or denying a preliminary plat,
the Commission shall specify:
(1) The ordinance and standards used in evaluating the
application;
(2) The reasons for recommending approval or denial; and
(3) The actions if any, that the applicant could take to
obtain approval of the preliminary plat.
c. Action on Combined Preliminary and Final Plat:
If the Commission's conclusion is favorable to the subdivider's request
for the subdivision to be considered as both a preliminary plat and
final plat, then a recommendation shall be forwarded to the City
Council in the same manner as herein specified for a final plat. The
Commission may recommend that the combined application be
approved, approved conditionally or disapproved.
8
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4. Action by Council: Within (45) days after receipt of the
Commission's recommendation and following the noticeequirements as
set forth in subsect:U.,0 D1 a1A1 D2 ofthis a,.,t:,,r,Eanle City Code Section 8-7-8, the
City Council shall make findings as required in subsection D3b of this Section. The
City Council shall approve, approve conditionally or disapprove the preliminary plat
within thirty (30) days of the public hearing conducted to consider the Commission's
recommendation.
Section 9:
read as follows:
That Eagle City Code Section 9-6-4 be, and the same hereby is, amended to
9-6-4: AMENDMENTS [TO SUBDIVISION ORDINANCE]: The City
Council may, from time to time, amend, supplement or repeal the regulations and
provisions of this Title upon recommendation from the Commission in the following
manner:
A. The Commission, prior to recommending an amendment, supplement,
or repeal of this Title, shall conduct at least one public hearing in which interested
persons shall have an opportunity to be heard. At -last fftecn (13) day, YI:U, to -the
,,.,l:.,c of tit- tulrcl„ a.la r:c..6,., a::a a J1111ualaly „f tl.,, i,la.l t„ L., a:JV�UJ.1v1 Jl,all
IN.,yuL11Jlied-m-thV V111V1a1 llVVYSpat, Ul Fravv.1 'if �V11V1a1 VLLVulat,Ull WiLluu to
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radi „Y:�l:Vll JtationJ JVl V:11� tll„ ,LL,:Ja:'V t:V 11 ILl JVl Y:VV
CLlu,V lillVV,l,V111..The notice requirements provided in Eagle Citv Code Section 8-7-8
shall be followed. Following the Commission hearing, if the Commission makes a
material change in this Title other than that published for the present hearing, further
notice and hearing shall be provided before the Commission forwards its
recommendation to the Council. A record of the hearings, findings made, and actions
taken shall be maintained.
B. The City Council, prior to adopting an amendment, supplement or
repeal of this Title, shall conduct at least one public hearing using the same notice and
hearing procedures as the Commission. The City Council shall not hold a public
hearing, give notice of a proposed hearing nor take action until recommendations
have been received from the Commission. Following the hearing, further notice and
hearing shall be provided before the Council adopts the amendment, supplement or
repeal.
Section 10: That a new Eagle City Code Section 8-7-8 be, and the same hereby is, enacted
to read as follows:
8-7-8: NOTICE REQUIREMENTS
A. Public Hearings: On every land use action for which notice is provided
below, both the Planning and Zoning Commission and the City Council shall hold a
public hearing in which interested persons shall have an opportunity to be heard. No
notice of a City Council hearing shall be given prior to receiving a recommendation
from the Planning and Zoning Commission. Following any hearing, if a material
change from what was advertised in the notice and presented at the public hearing is
proposed, further notice and hearing shall be provided before the a final decision is
made.
B. Published and Mailed Notice for Comprehensive Plan and Zoning and
Subdivision Ordinance Text Enactments, Amendments, and Repeals: At least fifteen
(15) days prior to each hearing, notice of the time and place of the hearing and a
summary of the proposed action shall be published in the official newspaper or paper
of general circulation within the City. Notice shall also be made available to other
papers, radio, and television stations serving the City for use as a public service
announcement. Notice shall be sent to all political subdivisions providing services
within the City, including school districts, at least fifteen (15) days prior to the public
hearing.
C. Published and Mailed Notice for Comprehensive Plan Land Use Map
Amendment, Zoning Ordinance Map Amendment, Development Agreement,
Conditional Use Permit, Variance, Planned Unit Development, and Subdivision: At
least fifteen (15) days prior to each hearing, notice of the time and place of the hearing
and a summary of the request and proposed action shall be published in the official
newspaper or paper of general circulation within the City. Notice shall also be made
available to other papers, radio, and television stations serving the City for use as a
public service announcement.
At least fifteen (15) days prior to the hearing, additional notice shall be
provided by mail to political subdivisions providing services, including school
districts, and to property owners and purchasers of record of the land being
considered, of land within three hundred feet (300') of it, and of any additional area
that may be impacted by the proposed change as determined by the Planning and
Zoning Commission. When notice is required to two hundred (200) or more property
owners or purchasers of record, in lieu of the mail notification, three (3) notices in the
official newspaper or paper of general circulation is sufficient; provided, that the third
notice appears ten (10) days prior to the public hearing.
D. Posted Notice: Any time notice is required under Subsection C.
above, the land being considered shall be posted not less than ten (10) days prior to
the Planning and Zoning Commission hearing and again not less than ten (10) days
10
prior to the City Council hearing. Posting of the property shall be considered
mandatory and must be in substantial compliance with the following requirements:
1. Signage Requirements:
a. The sign(s) shall consist of 4' x 4' plywood or
other hard surface mounted on two (2) 4"x 4" posts in such a manner
that it is perpendicular to the roadway along which the sign is posted
and the bottom of the sign is at least three feet (3') above the ground.
b. Centered at the top of the 4' x 4' sign board(s)
in six inch letters shall be the words "Public Notice". In addition,
each sign will inform the public of the name of the applicant, and, if
applicable, the proposed development, the date, time, place, and
nature of the public hearing and a summary of the proposal to be
considered. Each sign shall be painted white and the letters shall be
painted black and shall appear on both sides. An example of this sign
is set forth in the attached illustration.
c. In lieu of the above conditions, for conditional
use permit applications made pursuant to Eagle City Code Section 8-
3-2.E only, the sign shall consist of one (1) 11" x 17" sign on paper or
other material and lettering, sufficient to inform the public of the name
of the applicant, and, if applicable, the proposed development, the
date, time, place, and nature of the public hearing and a summary of
the proposal to be considered.
2. The signs shall be posted on the land being considered along
each roadway that is adjacent to it. The signs shall be located on the property outside
of the public right-of-way, if they can be so located and remain clearly visible from the
roadway; otherwise, the consent of the owner of the right-of-way must be obtained
and the signs located therein. If the land being considered consists of more than one
parcel of record, a sign must be located upon each parcel; provided, the Zoning
Administrator, upon finding that adequate notice will be provided, may not require
all signs to comply with the size requirements of Subsection 1. above. In the event
that the land being considered includes properties with 500 feet or more of road
frontage, a sign shall be placed on each end of the project road frontage angles. If this
property includes a corner lot, three signs shall be posted, one on the corner and one
on each end of the property roadway frontages.
11
3. The applicant shall submit a certification to the City Clerk no
later than seven (7) days prior to the hearing as to what, where, and when signs were
posted. Unless the certification is received by such date, the hearing will be canceled.
4. No later than three days after the noticed hearing and any
continuation thereof, signs must be removed. A penalty of $25 per day shall be
imposed against each applicant for late removal of the signs.
Section 11: 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 29 day of /%%s)/ , 1996.
CITY OF EAGLE
Mayor /
12
JUN -11-96 09=08
ARTSIGN DESIGN
FROM•CIY OP EAGLE
f gitl•tt.hi 1 L:i1GN
377 1152 P.01
1L 2e8+939+8827
37't 1152 e'-01
PAGE 1/1
U IC HEARING
NOTICET
Ea* Planning and. Zoning Commission
THE CITY OF EAGLE will hold a public hearing on May 9, <'--- A t l
1995, at the Eagle City Hall.
PU1 OSE: Annexation and Zoning - You -Name -It
Sutdivision - Zoning R-4, Subdivision Preliminary Plat,
7.65 acres, 29 tots, single family dwellings 1 lot open
sp celdrainage wilandscaped entryway.
LOCiT1ON: SW corner of Second St. and State St.
APPLICATION BY: Average citizen, USA, Inc.
96-06-21A09:11 RCVD
City of Eagle
Uniform Notice Ordinance
Summary of Ordinance No. 270
RELATING TO PUBLIC NOTICE FOR LAND USE ACTIONS; AMENDING EAGLE
CITY CODE SECTION 8-6-6-2 TO PROVIDE FOR UNIFORM NOTICE
REQUIREMENTS FOR PRELIMINARY DEVELOPMENT PLANS OF PLANNED
UNIT DEVELOPMENTS; AMENDING EAGLE CITY CODE SECTION 8-7-3-5.C. TO
PROVIDE FOR UNIFORM NOTICE REQUIREMENTS FOR CONDITIONAL USE
PERMITS; AMENDING EAGLE CITY CODE SECTION 8-7-4-4.A. AND B. TO
REQUIRE UNIFORM NOTICE REQUIREMENTS FOR VARIANCES; AMENDING
EAGLE CITY CODE SECTION 8-7-5.E. TO REQUIRE UNIFORM NOTICE
REQUIREMENTS FOR ZONING TEXT AND ZONING MAP AMENDMENTS;
AMENDING EAGLE CITY CODE SECTION 8-7-6 TO PROVIDE FOR UNIFORM
NOTICE REQUIREMENTS FOR ZONING UPON ANNEXATION; AMENDING
EAGLE CITY CODE SECTION 8-7-8 TO RENUMBER IT TO 8-7-9; AMENDING
EAGLE CITY CODE SECTION 8-10-1.D. TO PROVIDE FOR UNIFORM NOTICE
REQUIREMENTS FOR DEVELOPMENT AGREEMENTS; AMENDING EAGLE CITY
CODE SECTION 9-2-3 TO REQUIRE UNIFORM NOTICE REQUIREMENTS FOR
PRELIMINARY PLATS OF SUBDIVISIONS; AMENDING EAGLE CITY CODE
SECTION 9-6-4 TO PROVIDE FOR UNIFORM NOTICE REQUIREMENTS FOR
GENERAL SUBDIVISION ORDINANCE AMENDMENTS; ENACTING A NEW
EAGLE CITY CODE SECTION 8-7-8 TO ESTABLISH UNIFORM NOTICE
REQUIREMENTS FOR COMPREHENSIVE PLAN AND ZONING ORDINANCE
TEXT AMENDMENTS, COMPREHENSIVE PLAN LAND USE MAP AND ZONING
ORDINANCE MAP AMENDMENTS, DEVELOPMENT AGREEMENTS,
CONDITIONAL USE PERMITS, VARIANCES, PLANNED UNIT DEVELOPMENTS,
AND SUBDIVISIONS, TO REQUIRE FOR ALL SUCH LAND USE ACTIONS TWO
HEARINGS, NOTICE PUBLISHED FIFTEEN (15) DAYS PRIOR TO EACH
HEARING, AND MAILED NOTICE TO POLITICAL SUBDIVISIONS PROVIDING
SERVICES, AND, IN THOSE ACTIONS AFFECTING SPECIFIC PROPERTY, TO
REQUIRE ADDITIONAL MAILED NOTICE TO ALL PROPERTY OWNERS AND
PURCHASERS OF RECORD WITH PROPERTY WITHIN THREE -HUNDRED FEET
(300') OF SUBJECT PROPERTY, AND TO FURTHER REQUIRE THAT SUBJECT
PROPERTY BE POSTED WITH FOUR FOOT (4') BY FOUR FOOT (4') SIGN
BOARDS, ALL AS MORE SPECIFICALLY SET FORTH; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Eagle recognizes the importance of land use actions to its
residents and their desires to participate in hearings on the same; and
WHEREAS, the Local Planning Act, Idaho Code §§ 67-6501 et. seq., requires only
one public hearing for most land use actions and does not require any public hearing for
Page 1
subdivision developments, and, with the exception of zoning ordinance district boundary
changes zoning ordinance map amendments and conditional use permits, does not require
mailed notice or that subject property be posted; and
WHEREAS, the City of Eagle proposes to establish hearing requirements greater
than those established by the Local Planning Act, requiring hearings before both the
Planning and Zoning Commission and the City Council for all land use applications
involving Comprehensive Plan Land Use Map Amendments, Zoning Ordinance Map
Amendments, Comprehensive Plan and Zoning Ordinance Text Amendments, Conditional
Use Permits, Variances, Development Agreements, Planned Unit Developments, and
Subdivisions; and
WHEREAS, the City of Eagle proposes to establish greater notice requirements than
those established by the Local Planning Act, making mandatory mailed notice to affected
property owners in all of the foregoing land use actions involving specific parcels of
property and to require posting of such parcels with larger signs at designated locations,
all as set forth below.
A summary of the principal provisions of Ordinance No. 270 of the City of Eagle,
Idaho, adopted on May 28, 1996, is as follows:
Section 1: Amends Eagle City Code Section 8-6-6-2, "Preliminary Development
Plan," to apply the public hearing and notice requirements of Eagle City Code Section 8-7-8
for Planned United Developments.
Section 2: Amends Eagle City Code Section 8-7-3-5.C., "Procedure for Approval
of Conditional Use Permit," to apply the public hearing and notice requirements of Eagle City
Code Section 8-7-8. Amends Eagle City Code Section 8-7-3-5.C.1., "Public Hearing,
Notice," to require the Planning & Zoning Commission to hold a public hearing, eliminate the
procedural notice and hearing requirements, and apply the public hearing and notice
requirements of Eagle City Code Section 8-7-8.
Section 3: Amends Eagle City Code Section 8-7-4-4.A., "Public Hearing, Notice,"
to require the Planning & Zoning Commission to hold a public hearing, eliminate the
procedural notice and hearing requirements, and apply the public hearing and notice
requirements of Eagle City Code Section 8-7-8 to zoning variances. Amends Eagle City
Code Section 8-7-4-4.B., "Action by Commission and Council," to apply the public hearing
and notice requirements of Eagle City Code Section 8-7-8 to zoning variances.
Section 4: Amends Eagle City Code Section 8-7-5.E.1., "Zoning Text
Amendment," to apply the public hearing and notice requirements of Eagle City Code
Section 8-7-8. Amends Eagle City Code Section 8-7-5.E.2., "Zoning Map Amendment," to
apply the public hearing and notice requirements of Eagle City Code Section 8-7-8.
Page 2
Section 5: Amends Eagle City Code Section 8-7-6, "Zoning Upon Annexation,"
to apply the public hearing and notice requirements of Eagle City Code Section 8-7-8.
Section 6: Amends Eagle City Code Section 8-7-8, "Violations and Penalties," to
renumber it as follows: SECTION 8-7-9.
Section 7: Amends Eagle City Code Section 8-10-1.D.2., "Requirements and
Restrictions for Development Agreements," to apply the public hearing and notice
requirements of Eagle City Code Section 8-7-8.
Section 8: Amends Eagle City Code Section 9-2-3.D.2., "Preliminary Plat of
Subdivisions," to apply the public hearing and notice requirements of Eagle City Code
Section 8-7-8 to Subdivision Preliminary Plats before the Planning & Zoning Commission.
Amends Eagle City Code Section 9-2-3 .D.4. to apply the public hearing and notice
requirements of Eagle City Code Section 8-7-8 to Subdivision Preliminary Plats before the
City Council.
Section 9: Amends Eagle City Code Section 9-6-4, "Amendments," to apply the
public hearing and notice requirements of Eagle City Code Section 8-7-8 to Subdivision
Ordinance amendments before the Planning & Zoning Commission. Amends Eagle City Code
Section 9-6-4.B. to apply the public hearing and notice requirements of Eagle City Code
Section 8-7-8 to Subdivision Ordinance amendments before the City Council.
Section 10: Amends the Eagle City Code to add a new Section 8-7-8, "Notice
Requirements," to read as follows:
A. Public Hearings.
B. Published and Mailed Notice for Comprehensive Plan and Zoning and
Subdivision ordinance Text enactment, amendments, and Repeals.
C. Published and Mailed Notice for Comprehensive Plan Land Use Map
Amendment, Zoning Ordinance Map Amendment, Development
Agreement, Conditional Use Permit, Variance, Planned Unit
Development, and Subdivision.
At least fifteen (15) days prior to the hearing, additional notice shall be
provided by mail to political subdivisions providing services, including school
districts, and to property owners and purchasers of record of the land being
considered, of land within three hundred feet (300') of it, and of any additional
area that may be impacted by the proposed change as determined by the
Planning and Zoning Commission. When notice is required to two hundred
(200) or more property owners or purchasers of record, in lieu of the mail
notification, three (3) notices in the official newspaper or paper of general
Page 3
circulation is sufficient; provided, that the third notice appears ten (10) days
prior to the public hearing.
D. Posted Notice: Any time notice is required under Subsection C. above,
the land being considered shall be posted not less than ten (10) days
prior to the Planning and Zoning Commission hearing and again not less
than ten (10) days prior to the City Council hearing. Posting of the
property shall be considered mandatory and must be in substantial
compliance with the following requirements:
1. Signage Requirements:
a. The sign(s) shall consist of 4' x 4' plywood or
other hard surface mounted on two (2) 4"x 4" posts in such a
manner that it is perpendicular to the roadway along which the
sign is posted and the bottom of the sign is at least three feet
(3') above the ground.
b. Centered at the top of the 4' x 4' sign board(s) in
six inch letters shall be the words "Public Notice". In addition,
each sign will inform the public of the name of the applicant,
and, if applicable, the proposed development, the date, time,
place, and nature of the public hearing and a summary of the
proposal to be considered. Each sign shall be painted white and
the letters shall be painted black and shall appear on both sides.
An example of this sign is set forth in the attached illustration.
c. In lieu of the above conditions, for conditional
use permit applications made pursuant to Eagle City Code
Section 8-3-2.E only, the sign shall consist of one (1) 11" x 17"
sign on paper or other material and lettering, sufficient to inform
the public of the name of the applicant, and, if applicable, the
proposed development, the date, time, place, and nature of the
public hearing and a summary of the proposal to be considered.
2. The signs shall be posted on the land being considered along
each roadway that is adjacent to it. The signs shall be located
on the property outside of the public right-of-way, if they can
be so located and remain clearly visible from the roadway;
otherwise, the consent of the owner of the right-of-way must be
obtained and the signs located therein. If the land being
considered consists of more than one parcel of record, a sign
must be located upon each parcel; provided, the Zoning
Administrator, upon finding that adequate notice will be
provided, may not require all signs to comply with the size
Page 4
requirements of Subsection 1. above. In the event that the land
being considered includes properties with 500 feet or more of
road frontage, a sign shall be placed on each end of the project
road frontage angles. If this property includes a corner lot,
three signs shall be posted, one on the corner and one on each
end of the property roadway frontages.
3. The applicant shall submit a certification to the City Clerk no
later than seven (7) days prior to the hearing as to what, where,
and when signs were posted. Unless the certification is received
by such date, the hearing will be canceled.
No later than three days after the noticed hearing and any
continuation thereof, signs must be removed. A penalty of $25
per day shall be imposed against each applicant for late removal
of the signs.
Section 11: Provides for the publication of the Ordinance or a summary thereof, and
the effective date of the Ordinance.
The full text of Ordinance No. 270 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED this 28th day of May, 1996.
ATTEST:
0 DI 01104060.
0e ; ip °c:
Li n
C
ity Clerl4
P,
es
(SEAL): -,,;9
ao�
Page 5
•
ter,
rz 73
CITY OF EAGLE
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho,
hereby certify that I have read the foregoing Summary of Ordinance No. 270 of the City of
Eagle and that the same is true and complete and provides adequate notice to the public of
the contents of said Ordinance.
DATED as of the 28th day of May, 1996.
Page 6
Mc Fi den,
y Attorney
PROOF 01? PUBLICATION
County of Ada
Slate of Idaho
Tere Foley, being first duly sworn, on oath says she
is the principal clerk of The Valley News -Tines, a
newspaper ofgeneral circulation, published weekly
at Meridian, County of Ada, Stale of Idaho;
That the annexed notice was published in said
newspaper once each and every week for /
consecutive weeks, first publication being on the
4, day of ?I./fit-. , 1993'.
That the said newspaper has been published
continuously and uninterruptedly hi said county
during. a period of more Ihall seventy-eight
consecutive weeks prior to the first publication of
the attached notice.
Principal Clerk
Snbsc bed and sworn before me Ibis s day
Notary fiddle
Residence: /%/rte _. ��✓
My coimnissiun expires: .2,02;9",
(SEAL)
I
_t7)J
Legal notice of public hearing
City of Eagle, Idaho.
NOTICE is hereby given that the
Eagle Planning and Zoning Com-
mission will hold a public hearing on
December 18, 1995 at 7:30 p.m. at
the EAGLE CITY HALL. The pur-
pose of the hearing is to consider:
an amendment to Eagle City Code
relating to public notice for land use
actions; amending Eagle City Code'
Section 8-6-6-2 to provide for uni-
form notice requirements for pre-
liminary development plans of
planned unit devel9p ents; amend-
ing Eagle City Code Section 8-7-3-
5.0 to provide for uniform notice
requirements for conditional use
permits; amending Eagle City Code
Section 8-7-4-4.A and B. to require
uniform notice requirements for vari-
ances; amending Eagle City Code
Section 8-7-5.E. to require uniform
notice requirements for zoning text
and zoning map amendments;
amending Eagle City Code Section
8-7-6 to provide for uniform notice
requirements for zoning upon an-
nexation; amending Eagle City Code
Section 8-7-8 to renumber it to 8-7-
9; amending Eagle City Code Sec-
tion 8-10-1.D to provide for uniform
notice requirements for develop-
ment agreements; amending Eagle
City Code Section 9-2-3 to require
uniform notice requirements forpre-
liminary plats of subdivisions;
amending Eagle City Code Section
9-6-4 to provide for uniform notice
requirements for general subdivi-
sion ordinance amendments; en-
acting a new Eagle City Code Sec-
tion 8-7-8 to establish uniform no-
tice requirements for comprehen-
sive plan and zoning ordinance text
amendments, comprehensive plan
land use map and zoning ordinance
map amendments, development
agreements, conditional use per-
mits, variances, planned unit devel-
opments, and subdivisions, to re-
quire for all such land use actions
two hearings, notice published fif-
teen (15) days prior to each hear-
ing, and mailed notice to political
�,hdivisions providing service.• D."
PROOF OF PUBLICATION
County of Ada
State of Idaho
Tere Foley, being first duly sworn, on oath says she
is the principal clerk of The Valley News, a
newspaper of general circulation, published weekly
at Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said
newspaper once each and every week for /
consecutive weeks, first publication being on the
,77 day of x , 199 .
That the said newspaper has been published
continuously and uninterruptedly in said county
during a period of more than seventy-eight
consecutive weeks prior to the first publication of
the attached notice.
Tere Foley
Principal Clerk
Subscribed and sworn before me this 3 day
offl � -t i.1 ,
NERIDIAti
My commission expires: MARCH 20QQ
(SEAL)
4
Legal notice of public hearing
City of Eagle, Idaho
NOTICE is hereby given that the
Eagle Planning and Zoning will hold
a public hearing on March 18, 1996
at 7:30 p.m. at the EAGLE CITY
HALL. The purpose of the hearing is
to consider.
Ordinance #270
an amendment to Eagle City Code
relating to public notice for land use
actions; amending Eagle City Code
Section 8-6-6-2 to provide for uni-
form notice requirements for pre-
liminary development plans of
planned unitdevelopments; amend-
ing Eagle City Code Section 8-7-3-
5.0 to provide for uniform notice
reauirements for conditional use
permits; amending Eagle City Code
Section 8-7-4-4.A and B, to requite
uniform notice requirements forvari-
ances; amending Eagle City Code
Section 8-7-5.E. to require uniform
notice requirements for zoning text
and zoning map amendments;
amending Eagle City Code Section
8-7-6 to provide for uniform require-
ments for zoning upon ,:. :, ,
amending Eagle City Code Section
8-7-8 to renumber itto 8-7-9; amend-
ing Eagle City Code Section 8-10-
1.D. to provide for uniform notice
requirements for development
agreements; amending Eagle City
Code Section 9-2-3 to require uni-
form notice requirements for pre-
liminary plats of subdivisions;
amending Eagle City Code Section
9-6-4 to provide for uniform notice
requirements for general subdNi-
sion ordinance amendments; en-
acting a new Eagle City Code Sec-
tion 8-7-8 to establish uniform no-
tice requirements for comprehen-
sive plan and zoning ordinance text
amendments, comprehensive plan
land use map and zoning ordinance
map amendments, development
agreements, conditional use .Eer-
mits, variances, planned unit devel-
opments, and subdivisions, to re-
quire for all such land use actions
two hearings, notice published fif-
teen (15) days priorto each hearing,
and mailed notice to political subdi-
visions providing services, and, in
those actions affecting specific prop-
erty, to require additional mailed
notice to all property owners and
purchasers of record with property
within three -hundred feet (300') of
subject property, and to further re-
quire that subject property be posted
with sign boards, all as more specifi-
cally set forth; and providing an ef-
fective date.
APPLICATION: City of Eagle
A specific ordinance detailing the
above description is on file in the
C`ih, CIcr4 fnr
PROOF 01? PUBLICATION
County of Ada
Stale of Mho
Tere Foley, being first duly sworn, 011°211i says she
is the principal clerk of The Valley News -'rimes, a
newspaper of general circulation, published weekly
at Meridian, County of Ada, Stale of Idaho;
Thal the annexed unlace was published in said
newspaper once each annll every week for
consecutive weeks, first publication being on the
341 day of
That the said newspaper has been published
conllniionsly and uninterruptedly in said county
during, a period of more lhann seventy-eight
consecutive weeks prior to the first publication of
the allachld notice.
Principal Clerk
Subscribed and sworn before me this b rteday
of T A- Yliaa. eL, , 1'9S
Residence:
Notary Publiii
Meridian , Idaho
My commission expires: March 2000
(SEAL)
Legal notice of public hearing
City of Eagle, Idaho.
NOTICE is hereby given that the
Eagle City Council will hold a public
hearing on January 23, 1996 at
7:30 p.m. at the EAGLE CITY HALL.
The purpose of the hearing is to
consider.
Ordinance #270
an amendment to Eagle City Code
relating to public notice for land use
actions; amending Eagle City Code
Section 8-6-6-2 to provide for uni-
form notice requirements for pre-
liminary development plans of
planned unit developments; amend-
ing City Code Section 8-7-3-5.0 to
provide for uniform notice require-
ments for conditional use permits,
amending Eagle City Code Section
8-7-4-4.A and B. to require uniform
notice requirements for variances;
amending Eagle City Code Section
8-7-5.E. to require uniform notice
requirements for zoning text and
zoning map amendments; amend-
ing Eagle City Code Section 8-7-6
to provide for uniform notice re-
quirements for zoning upon annex-
ation; amending Eagle City Code
Section 8-7-8 to renumber it to 8-7-
9; amending Eagle City Code Sec-
tion 8-10-1.D. to provide for uniform
notice requirements for develop-
ment agreements; amending Eagle
City Code Section 9-2-3 to require
uniform notice requirementsforpre-
liminary plats of subdivisions;
amending Eagle City Code Section
9-6-4 to provide for uniform notice
requirements for general subdivi-
sion ordinance amendments; en-
acting a new Eagle City Code Sec-
tion 8-7-8 to establish uniform no-
tice requirements for comprehen-
sive plan and zoning ordinance text
amendments, comprehensive plan
land use map and zoning ordinance
map amendments, development
agreements, conditional use per-
mits, variances, planned unit devel-
opments, and subdivisions to re-
quire for all such land use actions
two hearings, notice published fif-
teen (15) days priorto each hearing,
and mailed notice to political subdi-
visions providing services, and, O-
tiose actions affecting specific prop-
erty, to require additional mailed
notice to all property owners and
purchasers of record with property
within three -hundred feet (300') of
subject property, and to further re-
quire that subject property be posted
with four foot (4') by eight foot (8')
skin hnan'ls all as mnra snarifinAIIu
96-07-12P12:39 RCVD
PROOF OF PUBLICATION
County of Ada
State of Idaho
Tere Foley, being first duly sworn, on oath says she
is the principal clerk of The Valley News, a
newspaper of general circulation, published weekly
at Meridian, County of Ada, State of Idaho; ,
f•
That the annexed notice Was published in said
newspaper once each and every week for /
consecutive weeks, first publication being on the
d" day of
199E .
That the said newspaper has been published
continuously and uninterruptedly in said county
during a period of more than seventy-eight
consecutive weeks prior to the first publication of
the attached notice.
Tere Foley
Principal Clerk
4.4GG
Sub an worn befo a me this 2 day
of \ ,199
Residence: MERIDTAN
My commission expires: PARCH 2000
(SEAL)
City of Eagle
Uniform Notice Ordinance
Summary of Ordinance No. 270
RELATING TO PUBLIC NOTICE
FOR LAND USE ACTIONS;
AMENDING EAGLE CITY CODE
SECTION 8-6-6-2 TO PROVIDE
FOR UNIFORM NOTICE RE-
QUIREMENTS FOR PRELIMI-
NARY DEVELOPMENT PLANS
OF PLANNED UNIT DEVELOP-
MENTS; AMENDING EAGLE CITY
CODE SECTION 8-7-3-5.C. TO
PROVIDE FOR UNIFORM NO-
TICE REQUIREMENTS FOR
CONDITIONAL USE PERMITS;
AMENDING EAGLE CITY CODE
SECTION 8-7-4-4.A. AND B. TO
REQUIRE UNIFORM NOTICE
REQUIREMENTS FOR VARI-
ANCES; AMENDING EAGLE CITY
CODE SECTION 8-7-5.E. TO RE-
QUIRE UNIFORM NOTICE RE-
QUIREMENTS FOR ZONING
TEXTANDZONING MAPAMEND-
MENTS; AMENDING EAGLE CITY
CODE SECTION 8-7-6 TO PRO-
VIDE FOR UNIFORM NOTICE
REQUIREMENTS FOR ZONING
UPON ANNEXATION; AMEND-
ING EAGLE CITY CODE SECTION
8-7-8 TO'RENUMBER IT TO 8-7-
9; AMENDING EAGLE CITY CODE
SECTION 8-10-1.D. TO PROVIDE
FOR UNIFORM NOTICE RE-
QUIREMENTS FOR DEVELOP-
MENT AGREEMENTS; AMEND-
ING EAGLE CITY CODE SECTION
9-2-3 TO REQUIRE UNIFORM
NOTICE REQUIREMENTS FOR
PRELIMINARY PLATS OF SUB-
DIVISIONS; AMENDING EAGLE
CITY CODE SECTION 9-6-4 TO
PROVIDE FOR UNIFORM NO-
TICE REQUIREMENTS FOR
GENERAL SUBDIVISION ORDI-
NANCE AMENDMENTS; ENACT-
ING A NEW EAGLE CITY CODE,
SECTION 8-7-8 TO ESTABLISH
UNIFORM NOTICE REQUIRE-
MENTS FOR COMPREHENSIVE
PLAN AND ZONING ORDINANCE
TEXT AMENDMENTS, COMPRE-
HENSIVE PLAN LAND USE MAP
AND ZONING ORDINANCE MAP
AMENDMENTS, DEVELOPMENT
AGREEMENTS, CONDITIONAL
USE PERMITS, VARIANCES,
PLANNED UNIT DEVELOP-
MENTS, AND SUBDIVISIONS, TO
REQUIRE FOR ALL SUCH LAND
USE ACTIONS TWO HEARINGS,
NOTICE PUBLISHED FIFTEEN
(15) DAYS PRIOR TO EACH
HEARING, AND MAILED NOTICE
TO POLITICAL SUBDIVISIONS
PROVIDING SERVICES, AND, IN
THOSE ACTIONS AFFECTING
SPECIFIC PROPERTY, TO RE-
QUIRE ADDITIONAL MAILED
NOTICE TO ALL PROPERTY
OWNERS AND PURCHASERS
OF RECORD WITH PROPERTY
WITHIN THREE -HUNDRED FEET
(300') OF SUBJECT PROPERTY,
AND TO FURTHER REQUIRE
THAT SUBJECT PROPERTY BE
POSTED WITH FOUR FOOT (4')
BY FOUR FOOT (4') SIGN
BOARDS, ALL AS MORE SPE-
CIFICALLY SET FORTH; AND
PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Eagle
recognizes the importance of land
use actions to its residents and
their desires to participate in hear-
ings on the same; and
WHEREAS, the Local Planning
Act, Idaho Code §§ 67-6501 et.
seq., requires only one public hear-
ing for most land use actions and
does not require any public hear-
ing for subdivision developments,
and, with the exception of zoning
ordinance district boundary.
changes zoning ordinance map
amendments and conditional use
permits, does not require mailed
notice or that subject property be
posted; and
WHEREAS, the City of Eagle
proposes to establish hearing re-
pgi�re�ments greater than those es-
- bli"shed by the Local Planning
Act, requiring hearings before both
the Planning and Zoning Commis-
sion and the City Council for all
land use applications involving
Comprehensive Plan Land Use
Map Amendments, Zoning Ordi-
nance Map Amendments, Compre-
hensive Plan and Zoning Ordinance
Text Amendments, Conditional Use
Permits, Variances, Development
Agreements, Planned Unit Devel-
opments, and Subdivisions; and
WHEREAS, the City of Eagle
proposes to establish greater no-
tice requirements than those es-
tablished by the Local Planning
Act, making mandatory mailed no-
tice to affected property owners in
all of the foregoing land use ac-
tions involving specific parcels of
property and to require posting of
such parcels with larger signs at
designated locations, all asset forth
below.
A summary of the principal pro-
visions of Ordinance No. 270 of the
City of Eagle, Idaho, adopted on
May 28, 1996, is as follows:
Section 1: Amends Eagle City
Code Section 8-6-6-2, "Preliminary
Development Plan," to apply the
public hearing and notice require-
ments of Eagle City Code Section
8-7-8 for Planned United Develop-
ments.
Section 2: Amends Eagle City'
Code Section 8-7-3-5.C., 'Proce-
dure for Approval of Conditional
Use Permit," to apply the public
hearing and notice requirements
of Eagle City Code Section 8-7-8.
Amends Eagle City Code Section
8-7-3-5.C.1., "Public Hearing, No-
tice," to require the Planning &
Zoning Commission to hold a pub-
lic hearing, eliminate the proce-
dural notice and hearing require-
ments, and apply the public hear-
ing and notice requirements of
Eagle City Code Section 8-7-8.
Section 3; Amends Eagle City
Code Section 8-744.A., 'Public
Hearing, Notice," to require the
Planning & Zoning Commission to
hold a public hearing, eliminate the
procedural notice and hearing re-
quirements, and apply the public
hearing and notice requirements
of Eagle City Code Section 8-7-8 to
zoning variances. Amends Eagle
City Code Section 8-7-4-4.B., "Ac-
tion by Commission and Council,"
to apply the public hearing and
notice requirements of Eagle City
Code Section 8-7-8 to zoning vari-
ances.
Section 4- Amends Eagle City
Code Section 8-7-5.E. 1., "Zoning
Text Amendment," to apply the
public hearing and notice require-
ments of Eagle City Code Section
8-7-8. Amends Eagle City Code
Section 8-7-5.E.2., "Zoning Map
Amendment," to apply the public
hearing and notice requirements
of Eagle City Code Section 8-7-8.
Section 5; Amends Eagle City
Code Section 8-7-6, `Zoning Upon
Annexation," to apply the public
hearing and notice requirements
of Eagle -City Code Section 8-7-8.
Section 6: Amends Eagle City,
Code Section 8-7-8, "Violations and
Penalties," to renumber it as fol-
lows: SECTION 8-7-9.
Section 7• Amends Eagle City
Code Section 8-10-1 .D.2., "Re-
quirements and Restrictions for De-
velopment Agreements," to apply
the public hearing and notice re-
quirements of Eagle City Code
Section 8-7-8.
Section 8: Amends Eagle City
Code Section 9-2-3.D.2., "Prelimi-
nary Plat of Subdivisions," to apply
the public hearing and notice re-
quirements of Eagle City Code
Section 8-7-8 to Subdivision Pre-
liminary Plats before the Planning
& Zoning Commission. Amends
Eagle City Code Section 9-2-3.D.4.
to apply the public hearing and
notice requirements of Eagle City
Code Section 8-7-8 to Subdivision
Preliminary Plats before the City
Council.
Section 9: Amends Eagle City
Code Section 9-6-4, "Amend-
ments," to apply the public hearing
and notice requirements of Eagle
City Code Section 8-7-8 to Subdi-
vision Ordinance amendments be-
fore the Planning & Zoning Com-
mission. Amends Eagle City Code
Section 9-6-4.B. to apply the public
hearing and notice requirements
of Eagle City Code Section 8-7-8 to
Subdivision Ordinance amend-
ments before the City Council.
Section 10; Amends the Eagle
City Code to add a new Section 8-
7-8, "Notice Requirements," to read
as follows:
A. Public Hearings.
B. Published and Mailed Notice for'
Comprehensive Plan and Zoning
and Subdivision ordinance Text
enactment, amendments, and Re-
peals.
C. Published and Mailed Notice for
Comprehensive Plan Land Use
Map Amendment, Zoning Ordi-
nance Map Amendment, Develop-
ment Agreement, Conditional Use
Permit, Variance, Planned Unit
Development, and Subdivision.
At least fifteen (15) days prior to
the hearing, additional notice shall
be provided by mail to political sub-
divisions providing services, includ-
ing school districts, and to property
owners and purchasers of record
of the land being considered, of
land within three hundred feet (300')
of it, and of any additional area that
may be impacted by the proposed
change as determined by the Plan-
ning and Zoning Commission.
When notice is required to two hun-
dred (200) or more property own-
ers or purchasers of record, in lieu
of the mail notification, three (3)
notices in the official newspaper or
paper of general circulation is suf-
ficient; provided, that the third no-
tice appears ten (10) days prior to
the public hearing.
D. Posted Notice: Any time notice
is required under Subsection C.
above, the land being considered
shall be posted not less than ten
(10) days prior to the Planning and
Zoning Commission hearing and
again not Tess than ten (10) days
prior to the City Council hearing.
Posting of the property shall be
considered mandatory and must
be in substantial compliance with
the following requirements:
1. Signage Requirements:
a. The sign(s) shall consist of 4'
x 4' plywood or other hard surface
mounted on two (2) 4" x 4" posts in
such a manner that it is perpen-
dicularto the roadway along which'
the sign is posted and the bottom
of the sign is at least three feet (3')
above the ground.
b. Centered at the top of the 4' x
4' sign board(s) in six inch letters
shall be the words "Public Notice".
In addition, each sign will inform
the public of the name of the appli-
cant, and, if applicable, the pro-
posed development, the date, time,
place, and nature of the public hear-
ing and a summary of the proposal
to be considered. Each sign shall
be painted white and the le
shall be painted black and
appear on both sides. An exa
of this sign is set forth in th
tached illustration.
c. In lieu of the above condit
for conditional use permit apt
tions made pursuant to Eagle
Code Section 8-3-2.E only, the
shall consist of one (1 ) 1 1
sign on paper or other materia
lettering, sufficient to inform
public of the name of the appli
and, if applicable, the prop
development, the date, time, p
and nature of the public he.
and a summary of the propos
be considered.
2. The signs shall be posted o
land being considered along
roadway that is adjacent to it
signs shall be located on the
erty outside of the public rigs
way, if they can be so locates
remain clearly visible from the r
way; otherwise, the consent s
owner of the right-of-way mu.
obtained and the signs lot
therein. If the land being co