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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: Page 1 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 Page 2 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 Page 3 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 Page 4 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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. Page 5 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 Page 6 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 Page 7 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 Page 8 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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. Page 9 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 - Page l0 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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' Page 11 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc 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 Page 12 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc '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 Page 13 of 14 \\Eaglel\sys\SHARED\COUNCIL\Ordinances\Ordinance 295.doc '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