ORDINANCE NO. 1006

AN ORDINANCE AMENDING THE EAGLE COMPREHENSIVE PLAN FUTURE LAND USE MAP AND ADJUSTING THE BOUNDARY OF THE EAGLE AREA OF IMPACT.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO, THAT ADA COUNTY CODE, TITLE 9, CHAPTER 2, SECTIONS 1, 2, 3, 4, 5, AND 6 BE AMENDED AS FOLLOWS:

9-2-1: EAGLE AREA OF CITY IMPACT BOUNDARY:

A.    Eagle Area Of City Impact And Urban Service Planning Area Boundary Map

1.   The Eagle area of city impact and urban service planning area boundary are is the areas designated on the Eagle area of City impact and urban service planning boundary map, fully incorporated by reference, copies of which are available for inspection at the Ada County development services department:

2.   Amendments to the map are as follow:

a.   Ordinance 199, May 25, 1989.

b.   Ordinance 309, June 25, 1996.

c.   Ordinance 355, March 25, 1998.

d.   Ordinance 367, December 2, 1998.

e.   Ordinance 539, April 28, 2004.

f.   Ordinance 602, December 28, 2005.

g.   Ordinance 623, June 28, 2006.

h.   Ordinance 718, December 17, 2008.

i.   Ordinance 1006, December 10 , 2025.

B. Annexation: Upon annexation of any portion of the area of impact into the City of Eagle, the provisions of this chapter shall no longer apply to such annexed areas.

C. The city of Eagle shall not annex the land designated in Ada County ordinance no. 309.

C D. Division By Boundary Line: 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 feed (300’) or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located. An area of impact shall not divide county recognized parcels of land. If only a portion of a recognized parcel falls within the two (2) mile limit, then the boundary may extend beyond two (2) miles on that parcel so that it encompasses the entire parcel.

E. Where areas of impact abut each other and adjustments are being proposed, or where areas of impact are proposed to abut each other, the cities involved shall negotiate boundary adjustments to be recommended to the respective city councils.

The city council of each city must approve the area of impact or modification thereto to be proposed to the board of county commissioners as recommendations. Whether or not the cities agree on the boundary, the proposals/joint proposal shall be submitted to the Ada County Board of Commissioners who will conduct at least one (1) consolidated public hearing where it considers all such proposals together.

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.

C. The city of Eagle shall not annex the land designated in Ada County ordinance 309.

A. The Eagle comprehensive plan, Eagle is Home, adopted by the city of Eagle on November 15, 2017 by Eagle Resolution 17-24 as amended by the city of Eagle on September 14, 2005, by resolution 04-15, and as adopted further amended by Ada County resolution 1720 3155, 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, chapter 3, and in chapter 4, sections 9-4-1-1 through 9-4-1-12.

C. B. All subdivision plats situated within the area of impact shall be submitted to the city of Eagle for approval, in addition to Ada County approval, as provided in Idaho Code 50-1306a. their recommendation.

D. C. The Ada County zoning ordinance shall be used to implement this chapter.

E. D. Ada County Code Title 10 along with Appendix E of the Ada County Comprehensive Plan initially adopted by Ada County Resolution No. 2487, or as they may be amended from time to time, shall apply to all unincorporated properties located within the Eagle area of city impact boundary to enable the collection of impact fees to support the cost-effective delivery of public services.

F. Ada County shall use the following standard in calculating density of residential development: The total number of dwelling units within a proposed development, divided by the total land area. Fractional amounts greater than those designated on the Eagle comprehensive plan land use map will not be allowed except where the Eagle comprehensive plan details a fractional density, and then the density shall not exceed the number described in the Eagle comprehensive plan. Floodway areas and land used for public uses such as schools or public service facilities will not be included in the total land area calculation.

A. Comprehensive Plan Amendments: All applications for county and city amendments to the city of Eagle’s their respective comprehensive plans and implementing ordinances which applyies within the Eagle area of city impact shall be sent by the entity considering such amendment to the county at least thirty (30) days prior to the public hearing. other entity. A separate referral process shall be adopted by resolution by each entity, regarding procedures and time periods 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. Land Use Applications. All county land use applications for planned developments, subdivisions, rezones and conditional use permits within the Eagle area of impact shall be sent to the city for comment at least thirty (30) days prior to the public hearing. n accordance with the referral process arrived at pursuant to subsection A of this section.

C. Applications for conditional use permits, master site plans, master site plan modifications, private roads, one time divisions, expansions or extensions of nonconforming uses, planned unit developments, subdivision and rezones within the city of Eagle area of impact shall occur as a result of a request for annexation to the city of Eagle; however, Ada county may consider such applications in those exceptions where annexation is not approved by the city of Eagle or where the parcel on which such application is filed is not contiguous to the city of Eagle, and therefore cannot be annexed.

D. The Ada County department of development services shall notify the city of Eagle in writing of the final action on land use applications located within the city of Eagle area of impact within fifteen (15) days following a decision by either the county planning and zoning commission or board of Ada County commissioners, as the case may be.

County zoning districts shall be in accordance with the adopted plan policies identified in section 9-2-3 of this chapter.

9-2-6: 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 the city of 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.

ADOPTED this 10 th day of December 2025.

Board of Ada County Commissioners

               By:   /s/ Rod Beck               

                  Rod Beck, Commissioner

               By:   /s/ Ryan Davidson            

                  Ryan Davidson, Commissioner

               By:   /s/ Thomas Dayley            

               Thomas Dayley, Commissioner

ATTEST:

/s/ Trent Tripple            

Trent Tripple, Ada County Clerk

Published: