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Resolution - 1980 - 6-80 - Area Of Impact Agreement - 10/14/1980 c c-' ~. Resolution #_-~ WHEREAS, Idaho Code 6'7-6526 mandates all cities an:J counties to negotiate am adopt Area of Impact agre~nents by ordinance; and WHEREAS, the City of Eag1 e an:J Ada County have adopted, an A rea of Impact agreement providing for plans ani or-Jinances to applY ill the Eagle Area of Impact; ard ~IDlliAS such ~ree~nt necessitates oooroiretion ~ coo~rotioo betwem ~e City or' Eagle an:! Ada County in processing plan an:! oroinance amerrlments an:! zoning applications; and \f{EREAS, flexibility is essential in such processes; 'l'HEREFDRE, BE IT RESOLVED that the following agree"ent bet"een the City of E3g1e arrl Ada County be adopted. 1.0 ÞJnerrlment of ~ policies an:! OrDinances for the g.ag1e ~ of Impact. 1.1 Any Comprehensive Plan amendment proposed by applicants within the Eagle Area of Impact shall be propos,,] to the C]ty of Eagle an:1 the Board of Cmmty CommisS i one rs, am shall be cons 1<1 e red concu rren tly by that C1 t Y am by the Boaro as an emendr[¡€nt to the Eagle Comprehensive Plan, adopted by Ada County. 1.2 All proposed amendments to the Eagle Comprehensive Plan being con- sidered by the City of Eagle shall be received by the Board of County Comrniss ioners, the Ada County Zoning Department, and the Ada Planning Association at least 15 days prior to any public hearing by the City of Eagle on such proposed amendment. 1.3 The Boaro of County Commissioners shall determine Whether or not the proposed amendment is, or may be, in confl ict with one or more of the goal s, objectives or policies of the County Comprehensive Plan. If the Boaro determines that such amendment is, or nay be, in conflict with the County Comprehensive Plan, it shall notify the Mayor of Eagle of such in writing prior to such public hearing. 1 .4 Once an ænend.ment to the City's Plan is arJopted by the City of Eagle, a copy of the final document shall be received by the Boaro of County Commissioners, the Ada County Zoning Department, and the Ada Planning Association v¡ithin 7 days after its adoption, along with notice as to when the ameaiment will take effect in the City of Eagle. Such amerrlment shall auto!TI8.tically take affect in the Plan, as adopted by the City of Eagle, for the Eagle Area of Impact 6 months after the Board's receipt of notice of adoption of such aneniment. Hov.¡ever, if within the six~onth perioo, the Board of County GŒ~nissioners detennines that such amendment is or may be , , in conflict with one or more of the goals, objectives or policies of the County ~anprehensive Plan, and notifies the City of Eagle in writing as to such determination vii thin that time, such amenJment shall r It take effect for tfle City of FJ3gle in the Area of Impact. Renß20tiation procedures shall then be follovled as outlined in the section of this Or<:iina.nce entitled , 11 Renegot lotion of nüs Agreernentl1. 1.5 ::-.f(/ c-,:/::¡her,t f,('.::;P:¡Si:-J to t\le t'c:X t of the Acia Cmmty Zoning and :-,-:,)\-,;~.'~~"~'f '~lt-';il ,'in>3 or Lo tr1e !-:1a ~ounty G<:.),pr',:::!erJsì\':? Fl::'..D shall be :.,~f::f'['~~l :':c, tLe City of F>(~le for cc.:-,:,:,nt at least 45 ,j",-ys ¡--r1or to any Plb,} ic r ,1';-1[' if 1tL, un such pt"ìpnsed 3iTlcnJr"ents. 1.6 '~Có¡l",J]¿;nsive Plan changes rnade as a reslùt of annexation of an unin- c - "r' '~:,1 ;i~',~a \v1. thin the F.ßgle Area of Impact shall be exempt fran these t[.",:~i..:.:, :},:;,~pt tLat these :lj,.C:-Tìc1:r.ents ~-)\-n1".. ~Ji? fun1'l3;V::"<1 to the Board of Co\Lnty "-",jssÜ)ner's, .t,jCì Coimtj ':'on111"::; !\'plr~,'I~!1t,'rl :,43. r'.,ltI11r~ r~",r)n~'-,"ì.(n '~")i tr' A"'" 0" ~,..-.,;::,nt ~.'.-. d-rll , . . i ". it r.~~,._V.L j, '" "ie .t::" ,.l.'l"~' '-'lj~'"o-<." ,: c -:J:'-' 'j""'-Y"; \""enewC Y 1 irnits. \ ¡ ¡ , \ ~ j , ; 0 0 2.0 Processing of Zoning and Planning r.1atters in the Eagle Area of Impact. 2.1 'The Ada County Zoning Depar'tment shall a~minister' the Eagle Comprehensive Plan within the F~le Area of Impact. 'The County Zoning Administr'dtor shall coorDinate such administration with the City of Eagle so that the Plan is aiministered as consistently as possible within the two jurisdictions. 2.2 Referrals of all zoning am subdivision applications (1.e., subdivision plats, rezones, conditional use permits, traffic and developnent plans, variances, etc.) in the Area of Impact shall be sent to the Eagle Planning am Zonit16 Corm1Ìssion anj to the j,1ayor of Eagle. 'The Eagle Planning am Zoning Co'TInission shall ;n3J~e reco¡r¡¡nenjations on all zoning applications a.rrl plannirl6 IrBtters vii t"Ün the E3{;le Area of Impact to the a:jvisory an.) decision-making boiies of Ada County, incluiit16 its reasons for ~<ing such reco!Tùl1endations an.ì the Comprehensive Plan policies that support its reconmerdations. Such zoning recommemations shall be ¡naje by a quorùm of the CO!1YIlÍssion, shall be in writing, am shall r)e received. by the Ada County Zoning Department not later than thirty (30) days ai'ter the date the referral was transmitted by the County. Neither the Boaro of County Comnissioners nor the County Planning nor Zoning Comnissions shall formally consider any appl ication VIi thin the Eagle Area of Impact, until the recom- meniation of the F~le Planning ard Zoning Comnission has been received or ~til the date for County receipt of the City's recomnerdation has [ß.ssed. 2.3 The E;:¡,:jle City Council may rnaJœ recoiTInenjations on planning am zoning matters within the E~le Area of Impact to the Boaro of County Commissioners or the other decision~ing boJies. The Council's written recorrmerdation, to be considered by the County, must be received by the County Zoning Administrator within 10 ctays followin¿; the recomnemation of the Eagle Planning and Zoning Comnission on the application. Such recornmerdation shall be Trade by a quorwn of the Council. Neither the Board of County Co~nissioners nor the County Planning and Zoning Commissions shall formally consicter such matters until the recommerdation of the Council has been recei ved, or the specifiej time for receipt of such recomnenjation has elapsei. 2.4 'The Ada Cow1ty Zoning Administrator will notify the City of Eagle in writing of the County action taken on an application within the Area of Impact -dit'ìin 15 (1ays folloHing the final òecision on such matters. Ajoptej this ¡LIZ¡( day of £2.L~/ , . --,,-- // // / 3y