Resolution - 1980 - 6-80 - Area Of Impact Agreement - 10/14/1980
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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
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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
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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~
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1 irnits.
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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~/ ,
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