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Home My Public Portal AboutORD 84_ Area of Impact/Bonneville Co._01242001CITY of IONA ORDINANCE NO. iS 'Z-I BONNEVILLE COUNTY ORDINANCE NO. AN ORDINANCE IDENTIFYING AN AREA OF IMPACT FOR CITY OF IONA; PROVIDING FOR THE APPLICATION OF PLANS AND DEVELOPMENT ORDINANCES WITHIN THE IDENTIFIED AREA OF IMPACT; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCES; PROVIDING FOR SEVERABILITY; SETTING FORTH A PROCESS FOR RENEGOTIATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Idaho Code Section 67-6526 requires, among other things, that cities and counties shall: (a) adopt by ordinance a map identifying an area of city impact with the unincorporated area of the county; (b) by separate ordinance, provide for the application of plans and ordinances for the area of city impact; and WHEREAS, the City Council (the "City") for the City of Iona, Idaho, and the Board of County Commissioners (the "County") for the County of Bonneville, Idaho, have pursuant to the mandate of Idaho Code Section 67-6526, entered into and conducted negotiations regarding the area of impact; and WHEREAS, the aforementioned negotiations considered the following factors, among others: (1) trade area; (2) geographic factors; and (3) areas that can reasonably be expected to be annexed into the City of Iona, Idaho in the future; and WHEREAS, the Bonneville County Planning and Zoning Commission has considered and made recommendations to the Board regarding an appropriate Area of City Impact, and (2) the Comprehensive Plan and Zoning Ordinance requirements that should apply thereto; and WHEREAS, the governing boards for the County and City have by separate ordinance adopted and created an Area of City Impact; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF IONA, IDAHO AND THE BOARD OF COUNTY COMMISSIONERS OF BONNEVILLE COUNTY: Section 1. Legislative purpose: The purpose for establishing an area of impact is to comply with Section 67- 6526 of the Idaho Code. Section 2. Geographic Area of Impact, The area of impact for the City of Iona is defined by Exhibit A. If a boundary line of the impact area divides an existing parcel, the parcel shall be included in the jurisdiction in which the larger area of the parcel is located. Section 3. Comprehensive Plan: The Comprehensive Plan as adopted by Bonneville County along with amendments shall apply to this area of impact. Modifications to the County Map will be made where possible to mirror the City plan. Section 4. Subdivision Ordinance: The Bonneville County Subdivision Ordinance as amended shall apply to this area of impact. All improvements within the area of impact will be built to city infrastructure standards if they are more restrictive. Section 5. Zoning Ordinance: The Zoning Ordinance, map and subsequent amendments thereto as officially adopted by Bonneville County shall apply to this area. It is understood that in areas where central water and sewer services are not available that densities will be limited to one dwelling per ten acres with the allowance for lot averaging and agricultural density transferring with a minimum lot size of one acre. Modifications to the County Ordinance will be made where possible to mirror City plan. Section 6. Development Agreements: The County will enter into a development agreement with owners, tenants and developers of property located in the area of impact. The purpose of these agreements will be to address the implementation of standards for development in the area of impact as agreed to by the City and the County. Section 12. Effective Date. This Ordinance shall be in full force and effect from and after its execution by both the City and the County and passage and publication as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF IONA this .2 y day of 2001, and approved by the Mayor on the 2 day of TA (�, , 2001. Attest: Betty M ey ( Craig Roy wood City Cle Mayor PASSED BY THE COUNTY COMMISSIONERS OF BONNEVILLE COUNTY this day of 2001. Attest: Ron Longmore County Clerk Roger S. Christensen Chairman County Commission Section 10. Idaho Code. Section 7. Annexations: Annexation to the City of Iona shall be in accordance with Section 50-222 as • amended of the Idaho Code. Section 8. Administration and Enforcement: Bonneville County shall be responsible for administration and enforcement of all Sections 3, 4, 5 and 6 above. The Board of County Commissioners of Bonneville County and its employees and agents shall enforce compliance with the provisions of this ordinance and the regulations adopted herein. The Bonneville County Planning and Zoning Board shall act as the planning commission for the area of City Impact. Impact area representatives shall be assigned as follows: Bonneville County outside of any impact area 5, and from within each city proper or it's impact area, Idaho Falls City (2), Ammon (1), alternating board member between Ucon and Iona (1) and between Swan Valley and Irwin (1). At least 3 of which shall reside within the boundaries of an incorporated city. A city can wave its board member privilege to the other city. The County Commissioners will consider recommendations by the City Council prior to making any such appointment. The City shall have the right to review plans and make recommendations for change and inspect all infrastructures under it's purview: that are being installed within the impact area. At least fourteen (14) days prior to any proposed action the County will submit to the City for compliance check and comment all applications for rezoning, conditional use permits, comprehensive plan changes, subdivision plats, and improvement dratiiings. Section 9. Overlay requirements within the Iona Impact Area. The following shall be adopted by the County for use within the impact area. 1. All non -arterial streets shall have a minimum right of way width of 70'. 2. Setbacks for any structure from centerline of a street shall be 85' on arterials and 70' on non -arterials. 3. In Residential zones no pigs or fowl will be allowed. 4. Minimum starting lot size for the R-2 and MH Zones shall be 10,890 square feet. 5. Miliimum side yard for the R-2 Zone shall be 10'. 6. Minimum side yards for the MH Zone shall bel0'/20'. 7. Minimum lot width for the MH Zone shall be 75'. 8. Minimum yards for the C-1, LNC and HC1 Zones shall be 10' side and 20' rear when adjacent to Residential zones. 9. Minimum yards for the MIA Zone shall be 20' side and 25' rear when adjacent to Residential zones. 10. Only the following county zones shall be considered for use within the Iona impact area. A-1, RA-1, RA-2, C-1, M 1 A, LNC, HC-1 and MH. Renegotiations. Renegotiations shall follow the procedures outlined in Section 67-6526 of the Section 11. Severability. The provisions of this ordinance are severable and in the event any provision hereof is determined to b; unenforceable or invalid for any reason, such determination shall not affect the enforceability of the remaining provisions. NOTICE IS HEREBY GIVEN that the City of Iona will conduct a public hearing on January 24, 2001, at 7:45PM at the Iona City building which is located at 3548 N. Main, Iona, Idaho. The purpose of said hearing is to consider approval of an ordinance creating a City Impact Area Agreement between the City of Iona and Bonneville County. The ordinance is summarized as follows: AN ORDIANANCE PROVIDING FOR THE ADMINISTRATION OF ORDINANCES AND DEVELOPMENT REGULATIONS FOR PROPERTIES LOCATED WITHIN AND THE CREATION OF AN IMPACT AREA AROUND THE CITY OF IONA, IDAHO; IDNETIFYING THE BOUNDARIES OF THE IMPACT AREA; IDENTIFYING METHODS AND PROCEDURES FOR APPLICATION, ADMINISTRATION AND EFORCEMENT OF SAID ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE. Copies of said ordinance and detailed maps are available for review at the Iona City building whose address is stated above. Dated this 3`3 day of January 2001. Betty McKinlay, City Clerk Published January 8th, 2001 Proof of Publication The Post Register State of Idaho County of Bonneville I, IgBataiiiraiglaliaP Robert Park, first being duly sworn, depose and say: That I am the Rzaluzlicatfittisigmifieter Asst. Prod. Supervisor of The Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, publishers of The Post Register, a newspaper of -general circulation, published daily at Idaho Falls, Idaho; said Post Register being a consolidation of the Idaho Falls Times, established in the year 1890, The Idaho Register, established in the year 1880 and the Idaho Falls Post, established in 1903, such consolidation being made on the First day of November, 1931, and each of said newspapers have been published continuously and uninterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidation, up to and including the last publication of notice hereinafter referred to. That the notice, of which a copy is hereto attached and made a part of this affidavit, was published in said Post Register for 1 consecutive (days) weeks, first publication having been made on the 8th day of JANUARY, 2000, last publication having been made on the 8th day of JANUARY 2000 at the said notice was published in the regular and entire issue of said paper on the respective dates of publication, and that such notice was published in the newspaper and not in a supplement 10, Subscribed and sworn to before me, this 12th day of JANUARY, 01 NoPybl•E My commission expires January 10, 2003 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the City of lona .will conduct-aa'public. hearing on January 24, 2001, at 7:45 PM at the Iona City building which is located at 3548 N. Main, lona, Idaho. The purpose of said hearing is to consider approval of an ordinance creating a City Impact Area Agreement between the City of lona and Bonneville County. The ordinance is summarized as follows: AN ORDINANCE PROVIDING FOR THE ADMINISTRATION OF ORDI- NANCES AND DEVELOPMENT REGU- LATIONS FOR PROPERTIES LOCATED WITHIN AND THE CREATION OF AN IMPACT AREA AROUND THE CITY OF IONA, IDAHO; IDENTIFYING THE BOUNDARIES OF THE IMPACT AREA; IDENTIFYING METHODS AND PROCE- DURES FOR APPLICATION, ADMINIS- TRATION AND ENFORCEMENT OF SAID ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE. Copies of said ordinance and detailed maps are available for review at the Iona City building whose address is stated above. Dated this 3rd day of January 2001. Betty McKinlay, City Clerk Published: January 8, 2001