Ordinance - 1995 - 256 - Amending Title 8 - 02/07/1995ORIGINAL
ORDINANCE 256
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY,IDAHO,AMENDING TITLE
8 OF THE EAGLE CITY CODE TO REMOVE THE REQUIREMENT THAT THE COUNCIL
SHALL ACCEPT THE RECOMMENDATION OF THE COMMISSION'S REPORT UNLESS
REJECTED BY A VOTE OF ONE-HALF (1/2) PLUS ONE OF THE MEMBERS
WHEREAS, the City of Eagle,Ada County, Idaho (the "City"), is
a municipal corporation of the State of Idaho and is authorized by
Chapter 65, Title 67, Idaho Code, to create and amend zoning and
subdivision ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: Section 8-7-5 of the Eagle City Code shall be
amended to read as follows:
8-7-5: AMENDMENTS :
A. Authority: Whenever the public necessity, convenience, general
welfare or good zoning practices require, the Council may, by
ordinance after receipt of recommendation thereon from the
Commission and subject to procedures provided by law, amend,
supplement, change or repeal the regulations, restrictions and
boundaries or classification of property.
B. Initiation of Zoning Amendments: Amendments to this Title may
be initiated in one of the following ways:
1. By adoption of a motion by the Commission;
2. By adoption of a motion by the Council; or
3. By the filing of an application by a property owner or a
person who has existing interest in property within the area
proposed to be changed or affected by said amendment.
C. Application for Amendment: Applications for amendments to the
Official Zoning Map, adopted as part of this Title by
reference, shall contain at least the following information:
1. Name, address and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the
Council;
3. Present land use;
4. Present zoning district;
C) 5. Proposed use;
6. Proposed zoning district;
7. A vicinity map at a scale approved by the Administrator
showing property lines, thoroughfares, existing and proposed
zoning and such other items as the Administrator may
require;
8. A list of all property owners and their mailing addresses
who are within three hundred feet (300') of the external
boundaries of the land being considered;
9. A statement on how the proposed amendment relates to the
Comprehensive Plan, availability of public facilities and
compatibility with the surrounding area; and
10. A fee as established by the Council.
D. General Procedure for Amendments: Zoning districts shall be
amended in the following manner:
1. Request for an amendment to this Title shall be submitted
by the Commission which shall evaluate the request to
determine the extent and nature of the amendment requested.
2. If the request is in accordance with the adopted
Comprehensive Plan, the Commission may recommend and the
Council may adopt or reject the amendment under the notice
and hearing procedures as herein provided.
3. If the request is not in accordance with the adopted
Comprehensive Plan, the request shall be submitted to the
Planning or Planning and Zoning Commission, or in its absence,
the Council, which shall recommend, and the Council may adopt
or reject an amendment to the Comprehensive Plan, under the
notice and hearing procedures provided in section 67-6509,
Idaho Code. After the Comprehensive Plan has been amended,
this Title may then be amended as hereinafter provided for.
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 to be heard. At least
E1) fifteen (15) days prior to the hearing, notice of time and
place and the amendment shall be published in the official
newspaper or paper of general circulation within the
jurisdiction. 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.
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. At least fifteen (15) days prior to
the hearing, notice of time and place and the amendment shall
be published in the official newspaper or paper of general
circulation within the jurisdiction. Additional notice shall
be provided by mail to property owners and residents within
three hundred (300') of the external boundaries of the land
being considered,and any additional area that may be impacted
by the proposed change as determined by the Commission.
When notice is required to two hundred (200) or more property
owners or residents, 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.
Following the Commission's hearing, if the Commission makes a
material change from what was presented at the public hearing,
further notice, by publishing once at least ten (10) days
prior to the hearing, and hearing shall be provided before the
Commission forwards the amendment with its recommendation to
the Council.
F. Action by Commission and Council:
1. Recommendation by the Commission: Within forty five (45)
days from the receipt of the proposed amendment, the
Commission shall transmit its recommendation to the Council.
The Commission may recommend that the amendment be granted
as requested, or it may recommend a modification of the
amendment requested, or it may recommend that the amendment
be denied. The Commission shall insure that any favorable
recommendations for amendments are in accordance with the
Comprehensive Plan and established goals and objectives.
2. Action by Council:
a. The Council, prior to adopting, revising or rejecting
the amendment to this Title as recommended by the Commission,
shall conduct at least one public hearing using the same
notice and hearing procedures as the Commisison. Following
the Council hearing, if the Council makes a material change
from what was presented at the public hearing, further
F2) notice and hearing shall be provided before the Council adopts
the amendment.
b. Tha :hall acts p,` the rccommcnde.tia n cf the
Commissien's rppcirt unless rejected ✓j a votc of cnc half
4 7'2) p14G cnc cf `rc Enn crs.
b. Upon granting or denying an application to amend this
Title, the Council shall specify:
(1) The ordiance 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 the amendment.
G. Effect of Amendment Approved: In the event the Council
shall approve an amendment, such amendment shall thereafter be
made part of this Title upon the preparation and passage of an
ordinance.
H. Resubmission of Application: No application for a
reclassification of any property which has been denied by the
Council shall be resubmitted in either substantially the same
form or with reference to substantially the same premises for
the same purposes within a period of one year from the date of
such final action, unless there is an amendment in the
Comprehensive Plan which resulted from a change in conditions
as applying to the specific property under consideration.
Section 2: This Ordinance shall take effect and be in force
from and after its passage, approval and publication as required by
law. In lieu of publication of the entire Ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be
published.
DATED this 7th day of February, 1995
CITY OF EAGLE 1
Ada County, Idaho �yI[ 7 n
0,8Gd n7�93x§dJ�3 J i!I f11 /L
�s9`. Of «,.,y/ °do MAYOR, STEVE GUER .
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ty Clerk
8��0548��8
SUMMARY OF
ORDINANCE 256
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO AMENDING TITLE
8 OF THE EAGLE CITY CODE TO REMOVE THE REQUIREMENT THAT THE COUNCIL
SHALL ACCEPT THE RECOMMENDATION OF THE COMMISSION'S REPORT UNLESS
REJECTED BY A VOTE OF ONE-HALF (1/2) PLUS ONE OF THE MEMBERS; AND
PROVIDING EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 256 of the
City of Eagle, Idaho, adopted on February 7,. 1995 is as follows:
Section 1: The Ordinance amends the existing Eagle City Code
Section 8-7-5.F2.b by repealing the following:
"The Council shall accept the recommendation of the
Commission's report unless rejected by a vote of one half
(1/2) plus one of the members".
Section 4: Provides for effective date.
The full text of Ordinance No. 256 is available at City Hall and
will be provided to any person for inspection upon personal request
during normal office hours.
DATED this 15 day of February, 1995.
CITY OF EAGLE
Ada County,,da
ani
STEVE GUERBER
MAYOR OF EAG
FEB. -17' 95(FR1) 11:43 MOORE & "AMEN CTD
TEL: 208 33 202 P. 002
FER-16-95 11:36 PROM:CITY OF EAGLE II7:208+939+6927 PAGE 2/2
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. 256 of the City of Eagle and that the same
is true and complete and provides adequate notice to the public of
the contents offs said ordinance_
DATED THIS day of 1995.
torney
-012D 250
PROOF OF PUBLICATION
County of Ada
State of Idaho
Cp• Sz Agq.j being first duly sworn, on oath says that she is
the principal clerk of 1"HE VALLEYNEWS, 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 -1).c" day of
t ,19 6.6, and the last publication
being on the day of
,19
;at the said newspaper has !Yen published consirluous1:
and uninterruptedly in said county du-ua; aperiod of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
f
Sub ribed ' d sworn befo e th s
,19
Residence:
Prin•'pal Clerk
day of
My commission expires:
(SEAL
SUMMARY OF ORDINANCE 256
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO
AMENDING TITLE 8 OF THE EAGLE CITY CODE TO REMOVE THE
REQUIREMENT THAT THE COUNCIL SHALL ACCEPT THE
RECOMMENDATION OF THE PLANNING AND COMMISSION'S REPORT
UNLESS REJECTED BY A VOTE OF ONE-HALF (12) PLUS ONE OF THE
MEMBERS; AND PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 256 of the City of Eagle,
Idaho, adopted on February 7, 1995 is as follows:
Section 1: The Ordinance amends the existing Eagle City Code Section 8-7-5.F2 by
repealing the following:
"The Council shall accept the recanmendation of the Planning and
Zoning Commission's report unless rejected by a vote of one half (12)
plus one of the members."
Section 4: Provides for effective date.
The full text of Ordinance No. 256 is available at City Hall and will be provided to
any person for inspection upon personal request during normal office hours.
DATED this 15th day of February, 1995.
CITY OF EAGLE
Ada County, Idaho
STEVE GUERBER
MAYOR OF EAGLE
ATTEST:
BARBARA MONTGOMERY, CMC
CITY CLERK
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. 256 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 THIS 16th day of February 1995
John J. McFadden
City Attorney
Publish: February 23rd, 1995