Ordinance - 1985 - 098 - Amend Ordinance 40 - 08/13/1985ORDINANCE NO. 98
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING ARTICLE XII
SECTION B OF ORDINANCE NO. 40 BY PROVIDING THAT PLANNED UNIT DEVELOP-
MENTS SHALL ALSO BE SUBJECT TO THE PROVISIONS OF ORDINANCE NO. 55 AS
AMENDED (DESIGN REVIEW ORDINANCE), ORDINANCE NO. 82 (FLOOD PLAIN
ORDINANCE) AND ORDINANCE NO. 88 (SUBDIVISION ORDINANCE)
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO:
SECTION 1. That Article XII, Section B of Ordinance No. 40 of
the City of Eagle be, and the same hereby is, amended to read as
follows:
SECTION B. PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENTS --
ADDITIONAL REQUIREMENTS.
(1) Whenever there is a conflict or difference between the
provisions of this Article and those of other Articles of this
Ordinance, the provisions of this Article shall prevail. Subjects
not covered by this Article shall be governed by the respective
provisions found elsewhere in this Ordinance.
(2) In addition to the requirements of this Ordinance, planned
unit developments shall also be subject to the requirements set
forth in Ordinance No. 55 as amended (Design Review Ordinance)
Ordinance Nol. 82 (flood Plain Ordinance) and Ordinance No. 88
(Subdivision Ordinance).
(3) In those cases where an applicant is subject to one or
more of the ordinances set forth in Section B. (2) of this Ordinance,
and where the applicant may be subject to duplicative and repetitious
hearings, with the concomitant costs to the City and applicant
associated with such duplication, an applicant shall be permitted to
combine his applications and be subject only to a single review and
approval proce, which process shall correspond the longer/longest
of the individual procedures set forth in each such ordinance to
which an applicant is subject. This single review process shall not
constitute waiver by the City of any component of an applicant's
combined application( where such component would otherwise be
subject to review and approval pursuant to the terms of any single
ordinance.
SECTION 2. SEVERABILITY. The provisions of this ordinance are
hereby declared to be severable and if any provisions of this
ordinance or the application of such provision to any person or
circumstance is declared invalid for any reason, such declaration
shall not affect the validity of the remaining portions of this
ordinance.
SECTION 3. EFFECTIVE DATE. This ordinance shall become
effective upon its passage, approval and publication in the manner
provided by law.
PASSED by the City Council and APPROVED by the Mayor this
13th day of August , 1985.
ATTEST:
•
Bonnie Krasowski
City Clerk
ett-C #0/,
Carol Haley 7;_
Mayor
ORDINANCE NO. -98 """""l
AN ORDINANCE OF THE CITY
OF EAGLE, IDAHO, AMENDING
ARTICLE XI 1 SECTION B OF OR-
DINANCE NO.40 BY PROVIDING
THAT PLANNED UNIT DEVEL-
OPMENTS SHALL ALSO BE SUB-
JECT TO THE PROVISIONS OF
ORDINANCE NO. 55 AS
AMENDED (DESIGN REVIEW
ORDINANCE), ORDINANCE NO.
82 (FLOOD PLAIN ORDINANCE)
AND ORDINANCE NO. 88 (SUB-
DIVISION ORDINANCE).
BE IT ORDAINED BY
THE MAYOR AND CITY COUNCIL
OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO
SECTION 1. That Article X11, Sec-
tion B of Ordinance No. 40 of the City
of Eagle be, and the same hereby is,
amended to read as follows:
SECTION B. PROVISIONS GOV-
ERNING PLANNED UNIT DEVEL-
OPMENTS -- ADDITIONAL RE-
QUIREMENTS.
(1) Whenever there is a conflict or
diffoence between the provisions of
this Article and those of other Articles
of this Ordinance, the provisions of
this Article shall prevail. Sublects not
covered by this Article shall be gov-
erned by the respective provisions
found elsewhere in this Ordinance.
(2) Inadditionto the re -
ire
a e-
pPvemen14 • 8I b Is
• 11 apo las n ccbto
Nitrite o. 5 ds • m8Adeil DeN�at'i )ie-
• • 1.iOrdinanc
Floo• Plain Ordinance.) on rd -
_nonce a 88 (Subdivision Ordinance .
cant s ore or -
in those cases where a ppll-
e s set �foroth In
wone Sect fl (2] f
Ordan 11�ppv be subieCt to clip icative and
�e • titl0us hearin s with t e con-
.>'„ • , t_ to Ctty art aqp�fpp
can assoclate4 wi such duly c6tlo .
an • Ikon ha r edd to
comm nisb%d11�8l!fonS and sub-
iect onl tg p sin le review and a,
�pprGva ro JGss,{[�yw c process
fs 0i
Is }r ��� TicestrcnpF T6! wn n h cl c
cf
shha no '�ronn ttitute waalveriby fhe e��AAASttt
ob p�n(py �(��sT Cts Crdlf an nicoonrss
1F1i W A " prGVa)rti�vll� .)tenTA t8ltt e
Ter sit anV s( le or`d(nXn 8.
SE TION 2. SEVERABILITY. The
Provisions of this ordinance are
hereby declared to be severable and If
any provisions of this ordinance or the
application of such provision to any
person or circumstance Is declared in-
valid for any reason, such declaration
shall not affect the validity of the re-
maining portions of this ordinance.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective
upon its passage, approval and publi-
cation in the manner provided by law.
Passed by the City Council and
Approved by the Mayor this 13th day
of August, 1985.
CAROL HALEY
Mayor
Attest:
BONNIE KRASOWSKI
City Clerk
Pub. Aug. 24, 1985 8830
STATE OF IDAHO)
)
COUNTY OF ADA )
SS.
Laura Gay Barnes , being duly sworn,
deposes and says: That she is the Principal Clerk
of The Idaho Statesman, a daily newspaper printed
and published at Boise, Ada County, State of Idaho,
and having a general circulation therein and which
said newspaper has been continuously and uninter-
ruptedly published in said County during a period
of twelve consecutive months prior to the first
publication of the notice, a copy of which is
attached hereto; that said notice was published
in the regular edition of The Idaho Statesman
for one insertion, in the issue of
August 24
• 19 85
L4.4) / , Principal Clerk
Subscribed and s orn to before me this 26th
day of August
, 1985
S-61(AY,tr :eNotary Public,jor Idaho,esding at Boise, ldaho