COUNTY ORDINANCE NUMBER: 2023-07B
GEM COUNTY
EMMETT AREA OF CITY IMPACT
ESTABLISHING BOUNDARY
COUNTY ORDINANCE NUMBER: 2023-07B
AN ORDINANCE OF GEM COUNTY, IDAHO, ADOPTING A MAP IDENTIFYING THE EMMETT AREA OF CITY IMPACT WITHIN THE UNINCORPORATED AREA OF GEM COUNTY, AS REQUIRED BY IDAHO CODE SECTION 67-6526.
WHEREAS, Idaho Code Section 67-6526 requires that the governing boards of Gem County and the City of Emmett adopt, by ordinance a map identifying an Area of City Impact within the unincorporated area of the County; and
WHEREAS, Gem County and the City of Emmett previously adopted a map establishing the Emmett Area of City Impact during the 2007 Gem Community Joint Comprehensive Plan adoption process and now, in conjunction with the Comprehensive Planning efforts of both Gem County and the City of Emmett, have renegotiated, updated and established the area of city impact in the best interest of the citizenry; and
WHEREAS, the governing boards of Gem County and the City of Emmett have submitted the questions regarding renegotiation of an area city impact to their respective planning and zoning commissions for recommendation.
1) BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GEM COUNTY, IDAHO:
2) THAT the Gem County, after considering the trade area, geographic factors, and areas that can reasonably be expected to be annexed to the city in the future, hereby adopt the Emmett Area of City Impact as shown on the Gem County Land Use Map, designated as the Emmett Area of City Impact, attached at Exhibit A and fully incorporated herein.
3) THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW
4) REGULARLY PASSED AND ADOPTED by the Board of County Commissioners of Gem County, Idaho, on this ____ day of _________________, 20___.
Board of County Commissioners of Gem County:
__________________________________
Bill Butticci, Chair
_________________________________
Mark Rekow, Commissioner
_______________________________
Kirk Wille, Commissioner
ATTEST:
_______________________________ _________________
Shelly Tilton, Gem County Clerk Date
EXHIBIT A
EMMETT AREA OF CITY IMPACT
The Emmett Area of City Impact is the area designated on the Future Land Use Map of the 2023 Comprehensive Plan (attached). By this reference it is fully incorporated herein. The Emmett Area of City Impact is generally described as follows:
Beginning at a Point on N. Plaza Road at Waterwheel Road;
then S. continuing on N. Plaza Road to the intersection of E. Main Street and S. Plaza;
then S. continuing on N. Plaza Road to the intersection of E. Main Street and S. Plaza;
then north along State Highway 16 following and encompassing the eastern boundaries of the City limits to the intersection of State Highway 16 and Cherry Lane, including all property at the intersection of Cherry Lane and State Highway 16 that lie within the city limits;
then continuing from Cherry Lane Intersection and State Highway 16 west to S. Johns Avenue;
then continuing along the south boundary of Gem County Fair Grounds in a straight line to S. Mill Road;
then continuing in a straight line to Airport Road;
then south on Airport Road to W. Salesyard Road; then west on W. Salesyard Road to Star Lane;
then north along Star Lane to the south bank of the Payette River;
then east following the south bank of the Payette River to the Emmett City limits;
then north along Star Lane to the south bank of the Payette River;
then east following the south bank of the Payette River to the Emmett City limits;
then continue east along the north boundary of the city limits to a point where Riverside Street and Farmer Co-op canal intersect;
then east following the south bank of the canal to a point that intersects with the alignment of Waterwheel Road;
then continuing east on Waterwheel Road to the intersection of Waterwheel Road and N. Plaza Road, which is also the Point of Beginning.
In case a property under single ownership is divided by the boundary line of the Emmett area of city impact and the line divides such property so that one or both parts have a depth of three hundred feet (300') or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located.
SUMMARY OF GEM COUNTY ORDINANCE NO. 2023-07
AN ORDINANCE AMENDING TITLE 10, AREA OF CITY IMPACT.
FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE GEM COUNTY DEVELOPMENT SERVICES OFFICE.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
APPROVED AND ADOPTED BY THE BOARD OF GEM COUNTY COMMISSIONERS ON THIS 23rd DAY OF MAY, 2023.
BOARD OF GEM COUNTY COMMISSIONERS
By:_____________________________
Mark Rekow, Commissioner
By:_____________________________
Bill Butticci, Commissioner
By:_____________________________
Kirk Wille, Commissioner
ATTEST:
_______________________________
Shelly Tilton, Gem County Clerk
PUBLISHED: ____________________
STATEMENT OF APPROVAL
I, Shelly Tilton, Gem County Clerk, do hereby declare that the attached summary of the Gem County Ordinance No. 2023-07 is true and complete and provides adequate notice to the public, pursuant to Idaho Code § 31-715A.
_______________________________________
Shelly Tilton
Gem County Clerk
[SEAL]
3) THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW
4) REGULARLY PASSED AND ADOPTED by the Board of County Commissioners of Gem County, Idaho, on this ____ day of _________________, 20___.
Board of County Commissioners of Gem County:
__________________________________
Bill Butticci, Chair
_________________________________
Mark Rekow, Commissioner
_______________________________
Kirk Wille, Commissioner
ATTEST:
_______________________________ _________________
Shelly Tilton, Gem County Clerk Date
10-2-1: Purpose
10-2-2: Emmett Area of City Impact Boundary
10-2-3: Annexation Limited
10-2-4: Applicable Comprehensive Plan
10-2-5: Applicable Ordinances and Standards
10-2-6: Coordination of Plan Amendments, Ordinance Amendments, and Zoning Applications
10-2-7: Renegotiation
10-2-8: Severability
PURPOSE
To promote the public health, safety, and general welfare of Gem County and the City of Emmett’s residents by establishing regulations for the Emmett Area of City Impact, and further to ensure timely and economical provision of public services such as water supply, sanitary and storm sewage collection and treatment, public safety services, other community service facilities, and promotes land use compatibility, street alignment and traffic flow objectives. Section 67-6526, Idaho Code, requires that cities and counties negotiate an area of city impact.
EMMETT AREA OF CITY IMPACT BOUNDARY
Boundary Map: The Emmett Area of City Impact is the area designated on the Gem County land use map designated as Emmett Area of City Impact, attached as Exhibit A to the ordinance herein and fully incorporated by this reference, copies of which are available for inspection and delivery at the Gem County Development Service office.
Property Split By Boundary: In case a property under single ownership is divided by the boundary line of the Emmett Area of City Impact and the line divides such property so that one or both parts has a depth of three hundred feet (300’) or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located.
ANNEXATION LIMITED
Lands Within Area of Impact: Annexation by the City of Emmett shall be limited to lands lying within the Emmett Area of City Impact and pursuant to Idaho Code section 50-222 et seq.
Application of Provisions Upon Annexation: Upon annexation, the provisions of this title shall no longer apply to the annexed area.
Annexation Notification: The City of Emmett must notify the director of the county’s development services department in writing ten (10) calendar days in advance of the first public hearing at which annexation is considered by the City of Emmett. The City of Emmett shall notify Gem County in writing within ten (10) calendar days following the effective date of the adoption of each annexation ordinance.
APPLICABLE COMPREHENSIVE PLAN
The Gem County Comprehensive Plan, as amended, shall apply to the Emmett Area of City Impact. Gem County recognizes that the City of Emmett has also developed a comprehensive plan and accompanying map for the Emmett Area of City Impact. Gem County shall give consideration to the city’s comprehensive plan map designations when evaluating development requests within the Emmett Area of City Impact.
APPLICABLE ORDINANCES AND STANDARDS
ZONING: The Gem County Zoning & Subdivision Ordinance, Titles 11 and 12 of the Gem County Code, shall apply.
SUBDIVISION:
Applications for RESIDENTIAL subdivision development that are both in the Emmett Area of City Impact AND within one quarter (1/4) mile of the corporate limits of the city of Emmett shall be evaluated for conformance to the standards set forth in the City of Emmett’s subdivision ordinance, as lawfully amended. The City Engineer will review the application and provide written confirmation of conformance city’s subdivision ordinance.
Applications for RESIDENTIAL subdivision development within the Emmett Area of City Impact AND beyond one quarter (1/4) mile of the corporate limits of the City of Emmett shall be evaluated for conformance to the standards set forth in Gem County’s Subdivision Ordinance, as lawfully amended.
Applications for MINOR RESIDENTIAL subdivision development as defined in Gem County Code shall be evaluated for conformance to the standards set forth in Gem County’s Subdivision Ordinance, as lawfully amended.
Applications for COMMERCIAL subdivision development within the Emmett Area of City Impact shall be evaluated for conformance to the standards set forth in the City of Emmett’s subdivision ordinance, as lawfully amended. The City Engineer will review the application and provide written confirmation of conformance city’s subdivision ordinance.
SPECIAL USE PERMITS AND ALL OTHER DISCRETIONARY APPLICATIONS:
Applications for anything other than zoning or subdivision development in the Emmett Area of City Impact but not adjacent to the corporate limits of the City of Emmett shall be evaluated for conformance to the standards set forth in in the Gem County Code, as amended.
Applications for anything other than zoning or subdivision development within the Emmett Area of City Impact and adjacent to the corporate limits of the city of Emmett shall take into consideration the City of Emmett’s ordinance, as amended.
AIRPORT AREA OF INFLUENCE: Any land use application within the airport area of influence as depicted on the City of Emmett’s City of Emmett Master Airport Plan shall be referred to the City of Emmett for review and comment at least thirty (30) days prior to decision on the application. Gem County shall take into consideration the City of Emmett’s comments and the City of Emmett’s Master Airport Plan when evaluating applications within the airport area of influence.
COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND ZONING APPLICATIONS
At least thirty (30) days prior to a Planning and Zoning Commission hearing on all County and City amendments to their respective Comprehensive Plans and zoning ordinances which apply within the Emmett Area of City Impact shall be sent by the entity considering such amendment to the other entity.
At least thirty (30) days prior to any public hearing, all county applications for subdivisions, rezones, and special use permits within the Emmett Area of City Impact shall be sent to Emmett City. Written comments and recommendations shall be sent to Gem County no later than twenty (20) days after the referral is received. If no written comment is received, the county will consider the absence of written comments from the city as “No comments from the City of Emmett” and this wording will be entered into the official public record for the affected project.
At least thirty (30) days prior to any public hearing, all city applications for subdivisions, rezones, and special use permits within the Emmett Area of City Impact shall be sent to Gem County. Written comments and recommendations shall be sent to the City of Emmett no later than twenty (20) days after the referral is received. If no written comment is received, the city will consider the absence of written comments from the county as “No comments from Gem County” and this wording will be entered into the official public record for the affected project.
RENEGOTIATION
In accordance with Idaho Code 67-6526(d), the Board of Gem County Commissioners or the Emmett City Council may request to renegotiate any provision of this section. Within thirty (30) days of receipt of such written request by each part, a meeting between the two jurisdictions shall occur.
While renegotiation is occurring, the provisions of this section shall remain in effect until this chapter is amended or a substitute ordinance is adopted by Gem County and the City of Emmett, in accordance with the notice and hearing procedures provided in Gem County and Idaho Codes, or until a declaratory judgment from the District Court is final. However, this section or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution.
10-2-8 SEVERABILITY
If any section, paragraph, sentence or provision hereof or the application thereof to any particular circumstances shall ever be held invalid or unenforceable, such holding shall not affect the remainder hereof, which shall continue in full force and effect and applicable to all circumstances to which it may validly apply.
SUMMARY OF GEM COUNTY ORDINANCE NO. 2023-
AN ORDINANCE AMENDING TITLE 10, AREA OF CITY IMPACT.
FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE GEM COUNTY DEVELOPMENT SERVICES OFFICE.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
APPROVED AND ADOPTED BY THE BOARD OF GEM COUNTY COMMISSIONERS ON THIS 23rd DAY OF MAY, 2023.
BOARD OF GEM COUNTY COMMISSIONERS
By:_____________________________
Mark Rekow, Commissioner
By:_____________________________
Bill Butticci, Commissioner
By:_____________________________
Kirk Wille, Commissioner
ATTEST:
_______________________________
Shelly Tilton, Gem County Clerk
PUBLISHED: ____________________
STATEMENT OF APPROVAL
I, Shelly Tilton, Gem County Clerk, do hereby declare that the attached summary of the Gem County Ordinance No. 2023- is true and complete and provides adequate notice to the public, pursuant to Idaho Code § 31-715A.
_______________________________________
Shelly Tilton
Gem County Clerk
[SEAL]