Ordinance - 1994 - 249 - Amend Comp Plan Areas Of Critical Concern - 10/25/1994ORIGINAL
ORDINANCE NO. e7 £ 9
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
SECTION 9-5-8, EAGLE CITY CODE, TO ESTABLISH AREAS OF CRITICAL CONCERN
IN CONFORMANCE WITH THE 1993 CITY OF EAGLE COMPREHENSIVE PLAN AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, ADA
COUNTY, IDAHO, as follows:
Section 1: That Section 9-5-8 is amended to read as follows:
f
SECTION 9-5-8: SUBDIVISION WITHIN AN AREA OF CRITICAL CONCERN
A. Designation of Areas of Critical Concern: Hazardous or unique areas may be
designated as an area of critical concem by the City Council or by the State of
Idaho. Special consideration shall be given to any proposed development within
an area of critical concem to assure that the development is necessary and
desirable and in the public interest in view of the existing unique conditions.
Hazardous or unique areas that may be designated as areas of critical concern are
as follows:
1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Floodplain;
8. Center City;
9. Areas within the area of City impact but outside City boundaries; and
10. Other areas of critical concem.
Page 1
B. Environmental Assessment Plan: the developer shall prepare and submit an
environmental assessment along with the preliminary plat application for any
development that is proposed within an area of critical concern.
The content of the environmental assessment shall be prepared by an inter-
disciplinary team of professionals that shall provide answers to the following
questions:
1. What changes will occur to the area of environmental concern as a result of
the proposed development?
2. What corrective action or alternative development plans could occur so as
not to significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental affect would the development have on the
environment including, but not limited to, animal life, plant life, social
concerns, economic, noise, visual, available farm land and other? (Ord. 88,
11-15-83)
C. The following areas are snecificallv identified as areas of critical concern:
1. Boise River Flood Plain. The Boise River Flood Plain and certain
intervening and immediately adiacent areas are designated as an area of
critical concern due to their ecological and scenic significance. This area
comnrises the two channels of the Boise River and intervening and
immediately adiacent areas. as depicted on the Land Use Designation Man
of the Comprehensive Plan adopted by the City of Eagle on May 11. 1993.
as a "Special Area_" including that portion in the Eagle Impact
area.
2. Dry Creek Flood Plain. The Dry Creek Flood Plain is designated as an
area of critical concern due to its ecological and scenic significance. This
area comnrises the Dry Creek Flood Plain as defined on the Land Use
Designation Map of the Comprehensive Plan adopted by the City of Eagle
on May 11. 1993. including that portion in the City of Eagle Impact Area.
3. North Foothills. The North Foothills area is designated as an area of
critical concem due to the topographic. ecological and scenic significance.
This area comprises all of the City of Eagle Impact Area north of Beacon
Light road as depicted on the Land Use Designation Map of the
Comprehensive Plan adopted by the City of Eagle on May 13. 1993.
Page 2
Section 2: That this Ordinance shall take effect and be enforced after its passage,
approval, and publication as required by law. In lieu of publication, the entire Ordinance and
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED this 25th day of October, 1994.
ATTEST:
aaasneoaeczyga
01% 01 F `°sar
E,.lsi�'feiy,
CITY OF EAGLE
Ada County, Idaho
Mayor
City Clerk .. _
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(SEAL) '; ',....'.. ~'
Page 3
•
PROOF OF PUBLICATION
County of Ada
State of Idaho
Co. Szyv 44 being first duly sworn, on oath says tha
the principal clerk of THb VALLEYNEWS, a nea
of general circulation, published weekly at Me
County of Ada, State of Idaho;
That the annexed notice was published in said nea
once each and every.week for _ consecutive
First publication being on the k
19 cAti , and the last publ
being on the day of ,1
That the said newspaper has been published contin
ORDINANCE NO. 249
AN ORDINANCE OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO,
AMENDING SECTION 9-5-8,
EAGLE CITY CODE, TO ESTAB-
LISH AREAS OF CRITICAL CON-
CERN IN CONFORMANCE WITH
THE 1993 CITY OF EAGLE COM-
PREHENSIVE PLAN AND PRO-
VIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO, as
follows:
Section 1: That Section 9-5-8 is
amended to read as follows:
SECTION 9-5-8: SUBDIVI-
SION WITHIN AN AREA OF
CRITICAL CONCERN
A. Designation of Areas of Critical
Concem: Hazardous or unique areas
maybe designated as an area of critical
concem by the City Council or by the
State of Idaho. Special consideration
shall be given to any proposed devel-
opment within an area of critical concern
to assure that the development is
and uninterruptedly in said county during a period a necessary and desirable and in the public
interest in view of the existing unique
than seventy-eight consecutive weeks prior to th conditions. Hazardous or unique areas
that maybe designated as areas of critical
concern are as follows
publication of the attached notice.
Subscribed and sworn before me this g7S
, 19 .
Residence:
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1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Floodplain;
8. Center City;
9. Areas within the area of Ciy
impact but outside City boundaries; and
10. other areas of critical concern.
B. Environmental Assessment Plan: the
developer shall prepare and submit an
environmental assessment along with
the preliminary plat application for any
development that is proposed within an
area of critical concem.
The content of the environmental
assessment shall be prepared by an
interdisciplinary team of professionals
that shall provide answers to the
following questions:
1. What changes will occur to the
areaof.,,,'..„. :.,, lconcern asaresult
of the proposed development?
2. What corrective action or
alternative development plans could
occur so as not to significantly change
the area of environmental concern?
3. What changes in the area of
environmental concern are un-
avoidable?
4. What beneficial or detrimental
effect would the development have on
the environment including, but not
limited to, animal life, plant life, social
concems, economic, noise, visual,
available farmland and other? (Ord. 88,
11-15-83)
1 C. The following areas are specifically
identified as areas of critical concern:
1Bois Rivar Flood Plain. The
Boise River Flood Plain and certain,
intervening and immediately adiacent
areas are designated as an area of critical,
concern due to their ecological and,
scenic significance. This area com-
prises the two channels of the Boise
River and intervening and immediate-
ly adjacent areas. as depicted on the
Land Use Designation Mao of the
Comprehensive Plan adopted bv the
City of Eagle on Mav 11. 1993. as a
"Special Area." including that portion
in the Eagle impact area.
2. Dry reek Flood Plain. The
Dry Creek Flood Plain is designated as
an area of critical concern due to its
ecolog iral and scenic significance. This
area comprises the Dry Creek Rood
Plain as defined on the Land Use
Designation Mao of the Comprehen-
sive Plan adopted bv the City of Earle
on Mav 11.1993. including that portion
in the City of Eagle Impact Area.
3. North Foothiltc. The North
Foothills area is des ig rated as an area of
critical concern due to the topographic,
ecological and scenic significance. This
area comprises all of the City of Eagle
Impact Area north of Beacon LightRoad
as depicted on the Land Use Designa-
tion Mao of the Comprehensive Plan
adopted by the City of Eagle on Mav 13.
29
Section 2: That this Ordinance
shall take effect and be enforced after its
passage, approval, and publication as
required by law. In lieu of publication,
the entire Ordinance and summary
thereof in compliance with Section 50-
901 A, Idaho Code, may be published.
PROOF OF PUBLICATION.
County of Ada
State of Idaho
G. St yfa414 being first duly sworn, on oath says that 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 pu Iication being on the 49 day of
,19__, and the last publication
being on the
day of ,19
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 noti
Principal Clerk
Subscribed and sworn before me this A:. day of
,c. , 19�-
Residence: 4\/\
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Pzir3v,
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Legal notice of public hearing
City of Eagle, Idaho
NOTICE is hereby given that the Eagle
Planning and Zoning Commission will
hold a public hearing on September 19,
1994, at 7:30 p.m- at the EAGLE CITY
HALL.
Thepurpose of thehearing istoconsider.
ORD #249: establishing areas of critical
concern in conformance with
9
1993
Eagle Comprehensive Plan.
5 - 8, Eagle City Code.
A copy of the ordinance is on fde in the
office of the Eagle City Clerk, forpublic
inspection. Written comments will be
accepted until 5:00 p.m. on the day of
the public hearing.
Publish: August 31, 1994
Barbara Montgomery, CMC
City of Eagle
10.1-10