Ordinance - 1997 - 295 - Amend Title 9; Land Subdivisions - 08/26/1997ORDINANCE # 295
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING
EAGLE CITY CODE, TITLE 9 "LAND SUBDIVISIONS", CHAPTER 3, SECTION 7;
AND AMENDING EAGLE CITY CODE, TITLE 8 "ZONING", CHAPTER 2A,
SECTION 7.
WHEREAS, The City of Eagle proposes to provide for landscape and buffer area
requirements for developments requiring a Design Review, including but not limited to
all subdivisions.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Section 9-3-7: A, is amended to delete the strike -through text
and add the underlined text follows:
9-3-7:A Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to
be placed next to incompatible features such as highways, railroads,
commercial or industrial uses to screen the view from residential properties
and to provide noise mitigation for those residents. Such freceefkifig planting
strips/buffer areas shall be a minimum of twenty feet (20') wide mid unless a
greater width is reauired within Eaale City Code Section 8-2A-7 . The
landscape strip/buffer area shall not be a part of the normal street right of way
. and shall comply with all landscape/buffer area
requirements within Eagle City Code Section 8-2A-7.
Section 2: Eagle City Code Section 8-2A-7: LANDSCAPE GUIDELINES, is amended
to delete the current language shown in italic and to add the new language provided
herein:
CURRENT LANGUAGE:
8-2A-7: LANDSCAPE GUIDELINES
A. Landscape Plan Required. A Landscape Plan is required for all developments
requiring a Design Review. The Landscape Plan shall conform to the Landscape
Guidelines contained in the Design Review Guidelines Booklet as set forth in Section 8-
2A-12 and which is incorporated herein by reference and is to become a part of this
Ordinance once adopted by the City Council.
NEW LANGUAGE:
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8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
A. Landscape Plan Required. A Landscape Plan is required for all developments
requiring a Design Review, including, but not limited to all subdivisions. The
Landscape Plan shall be drawn to scale (no smaller than 1 "=30') and shall
indicate the following:
1. Boundaries, Property Lines, and Dimensions.
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity,
and spacing and size of all proposed landscape material at the time of
planting.
6. Location and description of other landscape improvements, such as earth
berms, walls, fences, screens, sculptures, fountains, street furniture, lights,
and courts or paved areas.
7. Planting and installation details as necessary to ensure conformance with
all required standards.
B. Landscape as Percent of Site:
1. Landscaping shall cover a minimum of 15% of the property on multi -family
residential developments.
2. Landscaping shall cover a minimum of 10% of the property on all other developments.
3. All landscape improvements required in all sections Eagle City Code 8-2A-7 shall
count toward fulfillment of the above minimum percentages.
4. If only a portion of a property is being developed, and if the City does not require
improvements on the entire property, improvements to landscape shall continue a
minimum of 25' (on-site) beyond the proposed development.
C. Existing Vegetation:
1. Retention of Existing Trees; Existing trees shall be retained unless removal is
approved in writing by the City. Where trees are approved by the City to be removed
from the project site (or from abutting right-of-way) replacement with an acceptable
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species is required as follows:
Existing Tree Replacement
1"-6" cal. 2x cal. of tree removed
6-l/4"-12" 1.5x cal. of tree removed
12-1/4" + 1 x cal. of tree removed
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An 8" cal. tree is removed, an acceptable replacement would be (3)-4"
cal. trees or (4)-3" cal. trees.
2. Damage During Construction; Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction. Construction
or excavation occurring within the dripline of any public or private retained tree or
shrub may severely damage the tree or shrub. Any severely damaged tree or shrub
shall be replaced in accordance with Section C-1 above.
3. Grade Changes and Impervious Surfaces; Grade changes and impervious surfaces shall
be allowed at a distance from the trunk of a retained tree equal to the diameter of the
tree trunk plus six (6) feet, or to the drip line, whichever is furthest from the trunk.
4. Existing vegetation which is to be retained, may be used to satisfy the minimum
required landscaping.
D. Prohibited Materials and Landscaping:
1. No required landscape areas shall include artificial trees, plants, or any carpeting
designed as a vegetative substitute.
2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees
planted within vision triangles shall be pruned to a minimum 7' above the adjacent
sidewalk and 14' above the adjacent roadway surface. Shrubs and groundcovers
planted within the vision triangle shall not exceed 3' height at maturity. The
boundaries of the vision triangle are defined by measuring from the intersection of the
edges of two (2) adjacent roadways forty feet (40') along each roadway and connecting
the (2) points with a straight line. The sight distance obstruction is also applicable to
railroad -highway grade crossings with the vision triangle defined by measuring forty
feet (40') along the railroad property line. In all cases, I.T.D. and A.C.H.D. standards
shall apply also.
3. When the City determines that a sight obstruction exists, it shall notify the owner of
the property upon which the obstruction is located and order that the obstruction be
removed within fifteen (15) days. The failure of the owner to remove the obstruction
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shall constitute a misdemeanor, punishable by a maximum of $300.00 and six (6)
months in jail, and every day the owner fails to remove the obstruction shall be a
separate and distinct offense.
E. Installation and Minimum Standards:
1. Accepted Nursery standards and practices shall be followed in the planting and
maintenance of landscaped areas.
2. Soil and slope stabilization must result after landscape installation.
3. Root barriers shall be installed for all new trees planted adjacent to existing or
proposed public or private sidewalks and paving.
4. The minimum acceptable size for deciduous trees shall be 3" caliper, balled and
burlapped.
5. The minimum acceptable size for evergreen trees shall be 6'-7' balled and burlapped.
6. Plant material selection shall be taken from Section 8 -2A -7:Q, "Approved Plant
Lists".
7. All landscaped areas adjacent to vehicular areas are to be protected with an approved
curbing material.
F. Tree Species Mix
1. When more than 10 trees are to be planted to meet the requirements of these
guidelines, a mix of species shall be provided. The number of species to be planted
shall vary according to the overall number of trees required to be planted. Species
shall be planted in proportion to the required mix. See the table below;
Required # of Trees Minimum # of Snecies
11-20 2
21-30 3
31-40 4
41+ 5
G. Maintenance
1. All required landscaping shall be permanently maintained in a healthy growing
condition by the property owner or the property owner's representative. This includes
the maintenance of street trees and/or other landscape materials within or abutting the
public right of way adjacent to the subject property. The property owner shall remove,
and if required to meet the standards of these guidelines, shall replace any unhealthy or
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dead plant material immediately or as the planting season permits. In all cases,
maintenance and planting within public rights of way shall be with approval from the
public and/or private entities owning the property.
H. Completion Time
1. The Zoning Administrator may authorize a delay in the completion of planting during
the months of October, November, December, January, February, and March due to
weather conditions, if a bond for 150% of the cost of installation is provided to the
City.
Irrigation Required; An underground automatic Irrigation system is required for all
development as defined in Eagle City Code 8-2A-1 General Applicability.
1. All required landscaped areas must be provided with an automatic underground
irrigation system.
2. Provide an appropriate backflow prevention device.
4. Provide full (100%) coverage.
5. Wherever feasible, sprinkler heads irrigating lawn or other high -water -demand
landscape areas shall be circuited so that they are on a separate zone or zones from
those irrigating trees, shrubbery or other reduced -water -demand areas.
7. Sprinkler heads shall be placed as required to reduce direct overthrow onto
nonpervious areas (walks, drives, etc...).
8. The use of low -trajectory -spray nozzles is encouraged in order to reduce the effect of
wind velocity on the spray system.
9. Use of non -potable water for use in the irrigation of lawn and plant material is required
when determined to be available.
11. Maintain all irrigation systems to ensure proper operation and water conservation.
J. Buffer Areas/Common Lots:
1. Definition; A transition zone or buffer areas consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
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2. Minimum Requirements;
a. When a commercial or industrial use abuts a residential use, a 10' wide x 6'
high landscaped buffer is required
b. When a parking lot abuts a residential activity, a 5' wide x 6' high landscaped
buffer is required.
c. To conceal outdoor storage areas, trash receptacles, exposed equipment
associated with any commercial or industrial activity, and off street loading
when adjacent to or in view from a residential activity or public street right of
way, a 5' wide x 6' high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen
and deciduous trees, shrubs, and ground -cover in which evergreen plant
materials comprise a minimum of sixty percent of the total plant material used.
b. Height requirements shall be accomplished with plant material with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three years
and be maintained such that sixty percent or more of the vertical surface is
closed and prevents the passage of vision through it.
d. Chain link fencing, with slats or otherwise, is prohibited for screening.
New residential developments, including but not limited to subdivisions and multi-
family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high-speed roads. The buffer area shall be defined as the distance from the
outside wall of the lowest story of any single-family attached or detached dwelling and
the right-of-way line of the roadway. The lowest story must be screened from the
view of any street classified as a collector, arterial, freeway, or expressway. This
buffer is required either on individual lots or as an easement, or as part of the common
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right-of-way shall not be included as a part of the
buffer area required below. The high for berming/fencing, as noted below, shall be
measured from the elevation of the fmal grade of the adjacent roadway (measured at
the center line) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
a. Any road designated as an Urban or Rural Collector on the APA Functional
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Street Classification Map:
A minimum of thirty-five feet (35') wide buffer area (not including right-of-
way) shall be provided with the following plants per one -hundred (100') linear
feet of right-of-way; 4 shade trees, 15 evergreen trees, and 30 shrubs.
A minimum 5 -foot high, maximum 8 -foot high, berm, fence, decorative block
wall, or combination thereof shall be provided within the buffer area. The
maximum slope for any berm shall be 3 feet horizontal distance to 1 foot
vertical distance. If a fence or decorative block wall is to be provided, in
combination with the berm, a 4 foot wide flat area at the top of the berm shall
be provided for the placement of the fence or decorative block wall. Chain link
fencing shall not be permitted.
b. Any road designated as a Minor Arterial on the APA Functional Street
Classification Map:
A minimum of fifty feet (50') wide buffer area (not including right-of-way)
shall be provided with the following plants per one -hundred (100') linear feet
of right-of-way; 6 shade trees, 18 evergreen trees, and 40 shrubs.
A minimum 5 -foot high, maximum 8 -foot high, berm, fence, decorative block
wall, or combination thereof shall be provided within the buffer area. The
maximum slope for any berm shall be 3 feet horizontal distance to 1 foot
vertical distance. If a fence or decorative block wall is to be provided, in
combination with the berm, a 4 foot wide flat area at the top of the berm shall
be provided for the placement of the fence or decorative block wall. Chain link
fencing shall not be permitted.
c. Any road designated as a Principal Arterial on the APA Functional Street
Classification Map and/or any freeway or expressway:
A minimum of seventy-five feet (75') wide buffer area (not including right-of-
way) shall be provided with the following plants per one -hundred (100') linear
feet of right-of-way; 8 shade trees, 20 evergreen trees, and 48 shrubs.
A minimum 10 -foot high, maximum 12 -foot high, berm, fence, decorative
block wall, or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be 3 feet horizontal distance to 1 foot
vertical distance. If a fence or decorative block wall is to be provided, in
combination with the berm, a 4 foot wide flat area at the top of the berm shall
be provided for the placement of the fence or decorative block wall. Chain link
fencing shall not be permitted.
5. New residential subdivision common area landscapes shall be comprised of the
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following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per 1,000 s.f.
6. Design Considerations for Residential Developments:
a. For design flexibility, half of the required shade trees may be substituted on a
two -to -one basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and
attractive views. Fences, walls, and berms may be used. Height changes,
offset angles, different materials, and other design techniques are required so as
to create variety.
K. Parking Lot Landscaping:
1. Landscaping shall be provided to minimize the visual impact of off-street parking:
Parking should be located to the side and rear of buildings and shall be screened so
that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may
be used to screen parking areas (chain link fencing shall not be permitted). In the
design of large parking areas, arrange bays of parking spaces to be separated by
landscaping. When parking lots occur on sloping terrain, step the parking lots to
follow the terrain rather than allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip:
A landscape strip shall be provided when a parking lot is located adjacent to a public
right-of-way. The landscaped strip shall serve to shield views of parked cars to
passing motorists and pedestrians, and to establish coordination among architecturally
diverse buildings, which creates a pleasing, harmonious appearance along the
roadway.
Four options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right -of way and the
parking lot, and plant with a minimum of one shade tree and ten shrubs per
thirty-five (35') linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of 30" min. height (do not exceed 3:1 slope) within a ten
foot (10') wide landscaped strip between the right-of-way and the parking lot,
and plant with a minimum of one shade tree and five shrubs per thirty-five
(35') linear feet of frontage, excluding driveway openings
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c. Provide a six foot (6') landscaped strip with a minimum 30" grade drop from
the right-of-way to the parking lot, and plant with a minimum of one shade tree
and five shrubs per thirty-five (35') linear feet of frontage, excluding driveway
openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block
or concrete along with a four foot (4') wide landscaped strip between the right-
of-way and the parking lot, and plant a minimum of one shade tree and five
shrubs per thirty-five (35') linear feet of frontage, excluding driveway
openings.
3 Parking Lot Perimeter Landscaping:
Perimeter landscaping requirements define parking areas and prevent two adjacent lots
from becoming one large expanse of paving. This requirement does not hinder the
ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the
property lines and the parking lot, and plant with a minimum of one shade tree
and five shrubs per thirty-five (35') linear feet of perimeter.
4. Parking Lot Interior Landscaping;
a. Calculated Amount:
Interior parking lot landscaping shall be required on any parking lot with ten
(10) spaces and above. The shaded area in figure 12 below indicates the area
included for this calculation. The required amount of landscaping is based on a
sliding scale, as follows;
Total No. of Spaces
10-20
21-50
51+
b. Additional Requirements
Percent of Total Area
of a Lot that must be an
Interior Landscaped Area
5%
8%
10%
i. No interior planter shall be less than five feet (5') in any dimension.
ii. No parking space shall be more than sixty feet (60') from an interior
landscaped area.
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iii. Parking islands are to be as evenly spaced as feasible throughout the lot
to consistently reduce the visual impact of long rows of parked cars.
iv. Deciduous shade trees and groundcovers or low shrubs are
recommended as primary plantings in interior landscaped areas.
Deciduous shade trees are to be clear branched to a height of 6'.
v. A terminal island for a single row of parking spaces shall be landscaped
with at least one tree and shrubs, groundcover, or grass. A terminal
island for a double row of parking spaces shall contain not less than
two trees and shrubs, groundcover, or grass.
L. Landscaped Commercial Strips.
1. Landscaped strips shall be provided between all building development and public
rights-of-way to lend continuity among different architectural styles, screen unsightly
views, establish a pleasing view for motorists, and create a safe and pleasant corridor
for pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with
one shade tree and ten shrubs for every thirty-five feet (35') of street frontage.
Two ornamental or two evergreen trees may be substituted for one shade tree.
M. Street Trees
1. In all required applications one street tree, selected from the Approved Tree List
(Eagle City Code Section 8 -2A -7:Q), shall be planted per thirty-five (35') linear feet of
right-of-way frontage. In all cases, any planting within public rights of way shall be
with approval from the public and/or private entities owning the property.
N. Incentives
1. The Zoning Administrator may reduce the site parking requirements by up to five
percent (5%) of the required number of spaces if the proposed landscape plan
incorporates the retention of existing significant trees, particularly in the interior of the
site.
2. The Zoning Administrator may reduce the site parking requirements by up to five
percent (5%) of the required number of spaces if the proposed landscaping exceeds
the requirements of these guidelines by fifteen percent (15%) or more.
3. The Zoning Administrator may reduce technical standards of parking lot design where
paving requirements conflict with the retention of significant trees.
0. Alternative Methods of Compliance
1. It is not the intent of these landscape requirements to inhibit creative solutions to land -
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use problems. Under certain site conditions, a strict interpretation of requirements
may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within Eagle City
Code Section 8-2A-7, "LANDSCAPE REQUIREMENTS". Requests for use of
alternative landscaping schemes are justified only when one or more of the following
conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full
compliance is impossible or impractical;
c. Due to a change of use of an existing site, the required bufferyard is larger than
can be provided; and
d. Safety considerations are involved.
2. Request for Alternative Method of Compliance: The applicant must provide the City
with a written request if an Alternative Method of Compliance is proposed. The
request shall state which requirement as set forth within Eagle City Code Section 8-
2A-7 is to be modified, what project conditions stated within Eagle City Code Section
8-2A-7:0 (1) justify using the proposed alternative, and how the proposed alternative
equals or exceeds said requirement.
P. Plan Preparation
Preparing a landscape plan requires special skills. Landscaping involves more than a simple
arrangement of plants with irrigation; plants are not haphazardly placed in a way that fills up
leftover space. Landscape plans should reflect a theme so that site elements are artfully and
technically organized in a way that conveys meaning, coherence, and spatial organization.
Landscaping should enhance the physical environment as well as the project's aesthetic
character. Therefore, landscape plans to be submitted for approval shall be prepared by a
landscape architect, landscape designer, qualified nurseryman, or someone knowledgeable in
the field of landscape design.
Q. Approved Plant List:
This list is a suggested planting list. Other tree species and varieties will be considered.
Small Trees:
Common Name Botanical Name Varieties
Crabapple, Flowering Malus spp. 'Adirondack'
'Brandywine'
'Coralburst
'Donald Wyman'
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Dogwood, Flowering
Goldenraintree
Hawthorn, Washington
Lilac, Japanese tree
Magnolia, Saucer
Maple, Amur
Maple, Hedge
Pear, Callery
Plum, Flowering
Redbud, Eastern
Medium Trees:
Common Name
Alder, Mountain
Ash, Green
Ash, Raywood
Ash, White
Birch, River
Corktree, Amur
Filbert, Turkish
Ginkgo
Cornus florida
Koelreuteria paniculata
Crataegus phaenopyrum
Syringa reticulata
Magnolia x soulangiana
Acer ginnala
Acer campestre
Pyrus calleryana
Prunus spp.
Cercis canadensis
Botanical Name
Alnus tenuifolia
Fraxinus Pennsylvanica
Fraxinus oxycarpa
Fraxinus americana
Betula nigra
Phellodendron amurense
Corylus colurna
Ginkgo biloba
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'Harvest Gold'
'Indian Summer'
'Prairiefire'
'Purple Prince'
'Radiant'
'Red Jewel'
'Robinson'
'Royalty'
'Sargent'
'Spring Snow'
'Cloud 9'
'September'
'Ivory Silk'
'Flame'
'Queen Elizabeth'
'Aristocrat'
'Capitol'
'Chanticleer'
'Cleveland'
'Redspire'
'Blireiana'
'Newport'
Varieties
'Bergeson'
'Marshall'
'Patmore'
'Urbanite'
'Raywood'
`Flame'
'Autumn Applause'
'Autumn Purple'
'Rosehill'
'Skyline'
'Heritage'
'Macho'
'Princeton Sentry'
'Magyar'
Hackberry, Common
Honeylocust, Thornless
Hornbeam, European
Horsechestnut, Common
Katsuratree
Linden, American
Linden, Littleleaf
Linden, Silver
Maple, Norway
Maple, Sugar
Pagodatree, Japanese
Sweetgum, American
Yellowwood, American
Large Trees:
Common Name
Beech, European
Catalpa, Northern
Coffeetree, Kentucky
Cottonwood, Black
Oak, Bur
Oak, English
Oak, Red
Oak, Swamp White
Planetree, London
Tuliptree
Conifers:
Common Name
'Autumn Gold'
Celtis occidentalis 'Prairie Pride'
Gleditsia triancanthos inermis 'Shademaster'
'Skyline'
'Moraine'
Carpinus betulus 'Fastigiata'
Aesculus hippocastanum 'Baumannii'
Cercidiphyllum japonicum
Tilia americana 'Redmond'
'Legend'
Tilia cordata 'Chancellor'
'Corzam'
'Glenleven'
'Greenspire'
Tilia tomentosa 'Green Mtn.'
'Sterling'
Acer platanoides 'Columnare'
'Deborah'
'Emerald Queen'
'Royal Red'
Acer saccharum 'Green Mtn.'
Sophora j aponica
Liquidambar styracaflua
Cladrastis kentukea
Botanical Name
Fagus sylvatica
Catalpa speciosa
Gymnocladus dioicus
Populus trichocarpa
Quercus macrocarpa
Quercus robur
Quercus rubra
Quercus bicolor
Platanus x acerifolia
Liriodendron tulipifera
Botanical Name
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'Legacy'
'Regent'
'Moraine'
Varieties
'Asplenifolia'
'Riversii'
'Roseo-Marginata'
'Pendula'
'Espresso'
'Fastigiata'
'Pyramich'
'Bloodgood'
Varieties
Baldcypress, Common
Douglasfir
Falsecypress, Lawson
Fir, White
Incensecedar, California
Juniper, Rocky Mountain
Larch, European
Pine, Austrian
Pine, Bristlecone
Pine, Limber
Pine, Mugo
Pine, Ponderosa
Pine, Scotch
Redwood, Dawn
Sequoia, Giant
Spruce, Colorado
Spruce, Norway
Spruce, Serbian
Spruce, White (Black Hills)
Taxodium distichum
Pseudotsuga menziesii
Chamaecyparis lawsoniana
Abies concolor
Calocedrus decurrens
Juniperus scopulorum
Larix decidua
Pinus nigra
Pinus aristata
Pinus flexilis
Pinus mugo
Pinus ponderosa
Pinus sylvestris
Metasequoia glyptostroboides
Sequoiadendron giganteum
Picea pungens
Picea abies
Picea omorika
Picea glauca
'Monarch of
Illinois'
'Shawnee Brave'
'Allumii'
'Stewartii'
'Violacea'
'Pendula'
gluaca
'Hoopsii'
'Koster'
'Moerheimii'
'Densata'
Section 3: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 4: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire
ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be
published.
DATED this 26th day oK 1997.
'4u -use'
ATTEST:
,d%p9Qstilsrste.,+
O E41,%41,
• 'S RICK YZA
G-tYcjCbERK. * ^ MAYOR
� 0 41:
'.,`f'1''+'•�R„•.�,ty� Page 14 of 14
OF 10`'}4ag1e1\sys\SHARED\COUNCIL\0rdinances\0rdinance 295.doc
CITY OF EAGLE
Ada C : unty, Idaho
SUMMARY OF
ORDINANCE NO. 295
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE
CITY CODE, TITLE 9, "LAND SUBDIVISIONS," CHAPTER 3, SECTION 7; AND
AMENDING EAGLE CITY CODE, TITLE 8, "ZONING," CHAPTER 2A, SECTION 7
A summary of the principal provisions of Ordinance No. 295 of the City of Eagle, Ada
County, Idaho, adopted on August 26, 1997, is as follows:
Section 1: Amends Eagle City Code, Section 9-3-7, to include buffer areas with planting
strips for screening purposes for residential subdivisions.
Section 2: Amends Eagle City Code, Section 8-2A-7, to delete the existing Landscape
Plan guidelines, and to add new language defining the Landscape Plan, providing for requirements
for landscape as a percent of site, existing vegetation, prohibited materials and landscaping,
landscape installation and minimum nursery standards, tree species mix, landscaping maintenance,
planting completion time, buffer areas/common lots, parking lot landscaping, landscaped
commercial strips, street trees, incentives, alternative methods of compliance, landscape plan
preparation, and giving a list of approved plants.
Section 3: States that the provisions of Ordinance No. 295 are declared to be severable,
and that if any provision or application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of
Ordinance No. 295.
Section 4: States that Ordinance No. 295 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 295 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 295 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the 26th day of August, 1997.
ATTEST:
City Clerk
[SEAL]
Page 1
CITY OF EAGLE
Ada Co ; ty, Idaho
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 295 of the City of Eagle and that
the same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
DATED as of the 26th day of August, 1997.
Page 2
C. Attorney
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Public, ,ion
STATE OF IDAHO
COUNTY OF ADA
Scott Crosby
deposes and says:
That I am the
} SS.
Summary of Ordinance
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
be
Managing Editor of WEST
twice weekly newspaper published at Eagle, in the County of
Idaho; that said newspaper has been and is in general circula'
aforesaid, and in the vicinity of Eagle; that the advertisement
attached hereto, was published in said newspaper once a wee
consecutive weeks in the regular and entire issue of said pa
and time of publication, and was published in the newspaper
supplement; that said paper has been established and regularl
than seventy-eight consecutive weeks prior to the date of first
advertisement.
Such notice was published in the issue beginning with S
19 97 . and ending with the issue of
19 97
STATE OF IDAHO
COUNTY OF ADA
On this 29th day of September
Public, personally appeared
September 9
)
in the year of
Scott Crosby
1997
Copy of Notice
(First Copy)
SUMMARY OF
ORDINANCE NO. 295
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
EAGLE CITY CODE, ITILE 9, "LAND SUBDIVISIONS", CHAPTER 3, SEC-
TION 7; AND AMENDMENT EAGLE CITY CODE, TITLE 8, "ZONING",
CHAPTER 2A, SECTION 7
A summary of the principal provisions of Ordinance No. 295 of the City of
Eagle, Ada County, Idaho, adopted on August 26, 1997, is as follows:
Section 1: Amends Eagle City Code, Section 9-3-7, to include buffer
areas with planting strips for screening purposes for residential subdivisions.
Section 2: Amends Eagle City Code, Section 8-2A-7, to delete the exist-
ing Landscape Plan guidelines, and to add new language defining the Landscape
Plan, providing for requirements for landscape as a percent of site, existing vegeta-
tion, prohibited materials and landscaping, landscape installation and minimum nurs-
ery standards, tree species mix, landscaping maintenance, planting completion time,
buffer areas/common lots, parking lot landscaping, landscaped commercial strips,
street trees, incentives, alternative methods of compliance, landscape plan prepara-
tion , and giving a list of approved plants.
Section 3: States that the provisions of Ordinance No. 295 are declared to
be severable, and that if any provision or application of such provision to any per-
son or circumstance is declared invalid for any reason, such declaration shall not
affect the validity of remaining portions of Ordinance No. 295.
Section 4: States that Ordinance No. 295 shall take effect and y law. in foams
from and after its passage, approval, and publication as req
that a summary of Ordinance No. 295 may be published in lieu of the entire ordi-
nance in compliance with Section 50-901A, Idaho Code.
The full text of Ordinance No. 295 is available at City Hall and will be pro-
vided to any citizen upon request during normal office hours.
DATED as of the 26th day of August, 1997.
CITY OF EAGLE
Ada County, Idaho
/s/ Rick Yzaguirre
Mayor
ATTEST:
/s/ Sharon K. Smith
City Clerk
CERTIFICATION OF CITY Ai. u Yu ce, i
I, the undersigned City Attorney for and legal advisortothOrdi City
E. glle
Idaho, hereby certify that I have read the foregoing Summary of
9.
of the City of Eagle and that the same is true and complete and provides adequat
notice to the public of the contents of said
Ordinance.n
DATED as of the 26th day August,
97.
/s/John McFadden
City Attorney
L -201E September 9, 1997
bef
. kno
to me to be the person whose name subscribed to the within inst
being by me first duly sworn, declared that the statements therei
acknowle,gtY w4hat he/she executed the same.
•••••••s
• t OTARI- .•
fir'• �k=
r.• A • gesiding at
, �gjF°'%l'ssion expires
Public for Idaho
in
STATEMENT
West Ada Express
Eagle, Idaho
Number of Lines 45 Lines
Number of Insertions 1
45 Lines @ $1.50 $ 67.5
Lines @ $ $
TOTAL COST
WILL BE $ 67.50
Lacolai
RECEIVED & FILED
CITY OF EAGLE
OCT 9 0 1997
rite:
r..,i -
E
NO.
L-201 E