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Ordinance - 1987 - 121 - Area Of City Impact Boundaryy - 10/13/1987ORDINANCE NO. 72/ AN ORDINANCE REPEALING TITLE 8, CHAPTER 8, OF THE EAGLE CITY CODE, AND ESTABLISHING A NEW TITLE 8, CHAPTER 8, OF THE EAGLE CITY CODE, ENTITLED AREA OF CITY IMPACT; PROVIDING REQUIREMENTS FOR ANNEXA- TION; DETERMINING THE PLAN POLICIES AND ORDINANCES TO APPLY TO THE IMPACT AREA; ESTABLISHING A REFERRAL PROCESS FOR APPLICATIONS FOR AMENDMENTS TO THE COUNTY AND CITY COMPREHENSIVE PLANS IN CERTAIN INSTANCES; AND PROVIDING FOR RENEGOTIATION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: SECTION 1: Title 8, Chapter 8, of the Eagle City Code, is hereby repealed. SECTION 2: A new Title 8, Chapter 8, of the Eagle City Code, is established to read as follows: 8-8-1: AREA OF CITY IMPACT BOUNDARY: A. The Eagle Area of City Impact is the area designated on the Eagle Area of City Impact Boundary Map, fully Lncorporated by reference and established by Ordinance No. 0702, copies of which are available at the Eagle City Hall and the Ada County Development Services Department. B. In case a property under single ownership is divided by the boundary line of the Eagle Area of City Impact, if such line divides such property so that one or both of the parts has a depth of three hundred feet (300') or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located. 8-8-2: ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT: A. Annexation by the City of Eagle shall be limited to those lands lying within the Area of City Impact and being contiguous to the boundaries of the City of Eagle. B. Upon annexation, the provisions of this Chapter shall no longer apply to the annexed area. 8-8-3: APPLICABLE PLAN POLICIES AND ORDINANCES: A: The Eagle Comprehensive Plan, as adopted and amended by the City of Eagle on March 10, 1987, by Resolution No. 1-87, shall apply within the Eagle Area of City Impact. B. Applications for subdivision development in the Eagle Area of City Impact shall be evaluated for conformance to the design and improvement standards contained in the Eagle City Code, Title 9,. Chapters 3, and in Chapter 4, Subsections 9-4-1 through 9-4-1-12. C. All subdivision plats situated within the Area of City Impact shall be submitted to the City of Eagle for approval, in addition to Ada County approval, as provided in Idaho Code 50-1306. D. The Ada County Zoning Ordinance (Ada County Code, Title 8) shall be used to implement this Chapter. 8-8-4: AMENDMENT OF PLAN POLICIES AND ORDINANCES: A. All applications to Ada County (the "County") or to the City of Eagle for amendments to their respective Comprehensive Plans and implementing ordinances which apply within the Eagle Area of City Impact shall be sent by the entity receiv- ing such application to the other entity. A separate refer- ral process shall be adopted by resolution by each entity, regarding procedures and time period for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City of Eagle. B. All county subdivisions, Eagle Area of in accordance to subsection 8-8-5: applications for planned developments, rezones, and conditional use permits within the City Impact shall be sent to the City of Eagle, with the referral process established pursuant A, above. ZONING WITHIN THE EAGLE CITY AREA OF CITY IMPACT: A. County zoning districts shall be in accordance with the adopted plan policies identified in Section 8-8-3 above. 8-8-6: RENEGOTIATION OF PLAN POLICIES AND ORDINANCE APPLICATION PROVISIONS: A. In accordance with Idaho Code § 67-6526(d), the City of Eagle or the Board of Ada County Commissioners may request, in writing, the renegotiation of any provision of this Chapter at any time. Within thirty (30) days of receipt of such written request by either party, a meeting between the two (2) jurisdictions shall occur. B. While renegotiation is occurring, all provisions of this Chapter shall remain in effect until this Chapter is amended or a substitute ordinance is adopted by Eagle and Ada County, in accordance with the notice and hearing procedures provided in Title 67, Chapter 65 of Idaho Code, or until a declaratory judgment from the District Court is final. Provided, however, that this Chapter or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution. SECTION 3: 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 /- day of ATTES1 2 114 , City ` er MLDkaj023 , 1987. CITY OF EAGLE Ada County, Idaho By 04! r ell Carol Haley, Mayor SUMMARY OF ORDINANCE NO. I2/ AN ORDINANCE REPEALING TITLE 8, CHAPTER 8, OF THE EAGLE CITY CODE, AND ESTABLISHING A NEW TITLE 8, CHAPTER 8, OF THE EAGLE CITY CODE, ENTITLED AREA OF CITY IMPACT; PROVIDING REQUIREMENTS FOR ANNEXATION; DETERMINING THE PLAN POLICIES AND ORDINANCES TO APPLY TO THE IMPACT AREA; ESTABLISHING A REFERRAL PROCESS FOR APPLICA- TIONS FOR AMENDMENTS TO THE COUNTY AND CITY COMPREHENSIVE PLANS IN CERTAIN INSTANCES; AND PROVIDING FOR RENEGOTIATION. A summary of the principal provisionsinane No. of the City of Eagle, Idaho, adopted on 1987, is as follows: Sectio} 1: Repeals Title 8, Chapter 8, of the Eagle City Code. Section a: Establishes a new Title 8, Chapter 8, of the Eagle City Code, which provides as follows: Section 8-8-1: Sets forth the Eagle area of city impact boundary and provides for treatment of property that is divided by the boundary line of the impact area. Section 8-8-2: Limits annexation by the City of Eagle to lands within the area of city impact that are contiguous. Section 8-8-3: Establishes the applicable comprehensive plan for the area of city impact, the ordinances under which subdivision applications shall be evaluated, the jurisdic- tion which subdivision plats in the area of city impact shall be submitted to, and the ordinance to implement the chapter. Section 8-8-4: Provides for a referral process for certain applications, including applications for amendments to county and city comprehensive plans and implementing ordinances which apply within the Eagle area of city impact. Page 1 Section 8-8-5: Provides for zoning districts in accordance with adopted plan policies. Section 8-8-6: Provides for renegotiation. Section 3: Provides an effective date. The full text of Ordinance No. is available at City Hall and will be provided to any citizen upon personal request during normal office hours. DATED this 15 day of (`4-19�y�,� , 1987. CITY OF EAGLE ATTEST: City -"Clerk Page 2 B ( i/ Y Carol Haley,Mayor r >7' - • - , 1 ,, ...{.........T...........,,.. ..,-....... !.......;...., L. Q. Linder Rd a State igherc y Hwy 55 PROOF OF PUBLICATION State of Idaho, l County of Ada 1 ss. Steve Wherry being first duly sworn, depose and say, that I am over twenty-one years of age, and chief clerk of VALLEY NEWS, a weekly newspaper of general circulation, published at Meridian, County of Ada, State of Idaho, and that the annexed notice was published in said paper once each week for 1 consecutive e e weeks, the first publk�tion being on the day OT Cr 19 and the last publication being on the day of 19 That said notice was published in the newspaper proper and not in a supplement. That said newspaper had been continuously and uninterruptedly published in said county for a period of 78 consecutive weeks prior to the first publication of this notice, and is a newspaper within the meaning of the Idaho statutes. Chief Clerk Subscribed and sworn to before me this l n day of October ,19 87 / Notary Public in and for Ida Residence or Postoffice Address C 0 t to n cid o 0 t EXPIRES DEC. 1988 , Idaho. SUMMARY OF ORDINANCE NO. 121 AN ORDINANCE REPEALING TITLE 8, CHAPTER 8, OF THE EAGLE QTY CODE, AND ESTABLISHING A NEW TITLE 8, CHAPTER 8, OF THE EAGLE CITY CODE, ENTITLED AREA OF CITY IMPACT; PROVIDING REQUIREMENTS FOR AN- NEXATION; DETERMINING THE PLAN POLIQES AND ORDINANCES TO APPLY TO THE IMPACT AREA; ESTABLISHING A REFERRAL PROCESS FOR APPLICATIONS FOR AMENDMENTS TO THE COUNTY AND CITY CO1S,x JE PLANS IN CERTAIN INSTANCES; AND PROVIDING FOR RENEGOTIATION. A summary of the principal provisions of Ordinance No. 121 of the city of Eagle, Idaho, adopted on October 12, 1987, is as follow: Section 1: Repeals Title 8, Chapter 8, of the Eagle City Code. Section 2: Establishes a new Title 8, Chapter a, of the Eagle city Code, which provides as follows: Section 884: Seta forth the Eagle area of city impact boundary and provides for treatment of property that is divided by the boundary line of the impact area Section 842: Limits annexation by the City of Eagle to lands within the area of city impact that are contiguous. Section 847: Establishes the applicable com- prehensive plan for the area of city Impact, the ordinances ander which subdivision applications shall be evaluated, the Jurladlctioa which sub- division ubdivision plats in the area of city impact shall be submitted to, and the ordinance to implement the chapter. Section 85d: Provides for a referral process for certain applications, including applications for amendments to county and city ".., :1 plans and implementing ordinances which apply within the Eagle area of city impact. Section 845: Provides for zoning districts is accordance with adapted plan policies. Section 858: Provides for renegotiation. Section 3: Provides aneffective date. The full text of Ordinance No.121 is available at City Hall and will be provided to any citizen upon personal request during normal office hours. DATED this 13th day of October.19g7. CITY OF EAGLE By CAROL HALEY, Mayor Attest: BARBARA MONTGOMERY; CityClerk Publish: October 20, 1987 10291a PROOF OF PUBLICATION State of Idaho, County at oda ss. Steve Wherry being first duly sworn, depose and say. that I am aver twenty-one years of age. and chief clerk of VALLEY NEWS. a weekly newspaper of general circulation, published at Meridian, County of Ada, State of Idaho, and that the annexed notice was published in said paper once each week for one consecutive weeks, the first publication being on the 17 day of Se.,ptember , 19 87and the Iasi publication being an the _ .__ . day of 19_ That said notice was published in the newspaper proper and not in a supplement. That said newspaper had been continuously and uninterruptedly published in said county for a period of 73 consecutive weeks prior to the first publication of this notice, and Ls a newspaper within the meaning of the oho statutes. Chief Clerk Subscribed and sworn to before me this,,_ 17_ day of September 19 otary Public In and for Idaho Residence or Postofllce Address EXPIRES DEC. 1988 Meridian Idaho. 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 October 6, 1987 at 7:30 p.m. at the Eagle City Hall. The purpose of the hearing is to consider a Impact Area Agreement between the City of Eagle and Ada County. A specific legal description is obtainable, and on file, in the office of the City Clerk. BARBARA MONTGOMERY Eagle City Clerk Publish: September 17, 198T 9171c PROOF OF PUBLICATION State of Idaho, County of Ada ss. r. Steve Wnerry . being first duly sworn. depose and say. that I am over twenty-one years of age. and chief clerk of VALLEY NEWS. a weekly newspaper of general circulation, published at Meridian. County of Ada. State a Idaho, and that the annexed notice was published in said paper once each week for one consecutive weeks. the first putgicatIon being on theday of _September 19 and the Iasi • publication being an the » ._ . day of _ . _ _ . __ . — ... 19 That said notice was published in the newspaper proper and not In a supplement. That said newspaper had been continuously and uninterruptedly published in said county for a period of 78 consecutive weeks prior to the first publication of this notice. and is a newspaper within the meaning of the ... o statutes. Chief Clerk Subscribed and sworn to before me this . _ �5_ day of 4a tember 19 87 ( ,J. 6( oto "Public in and for Idah(' Residence or Postoftice Address EXPIRES DEC. 1988 Merl di anldaho. LEEALNOTICE OF PUBLIC REARING CITY OF EAGLE, IDAHO NOTICE IS HEREBY GIVEN That the Eagle City Council will hold a public hearing on October 13, 1987 at 7:30 p.m. at the Eagle City Hall. The purpose of the bearing Is to consider An Impact Area Agreement between the City of Eagle and Ada County. A specific legal description is obtainable, and on file, in the office of the City Clerk. BARBARA MONTGOMERY Eagle City Clerk Publish: Sept. 2A, 1987 9241b