Ordinance - 2006 - 539 - Amending Title 8 Reduce Maximum # Of Residential Dwellings Units Per Acre - 06/27/2006SCANNEt
ORDINANCE NO. 539
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, AMENDING TITLE 8, CHAPTER 2, SECTION 1 OF THE EAGLE
CITY CODE BY DECREASING THE MAXIMUM NUMBER OF RESIDENTIAL
DWELLING UNITS PER GROSS ACRE IN MIXED USE DISTRICTS FROM TWENTY (20)
UNITS TO TEN (10) UNITS; PROVIDING FOR SEVERABILITY; REPEALING
CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated under the laws
of the State of Idaho; and
WHEREAS, and the Eagle City Council finds that it is in the best interest of the City of Eagle to
decrease the maximum number of residential units allowed in mixed use districts, and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1 : Title 8, Chapter 2, Section 1 of the Eagle City Code is hereby amended as follows:
8-2-1 MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure assemblage
of properties in a unified plan with coordinated and harmonious development which shall
promote outstanding design without unsightly and unsafe strip commercial development. Uses
should complement the uses allowed within the CBD zoning district. All development requiring
a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter,
shall occur under the PUD and/or development agreement process in accordance with chapter 6
or 10 of this title unless the proposed development does not meet the area requirements as set
forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a
conditional use permit shall be required unless the proposed use is shown as a permitted use in
the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed
twe�.20) ten (10) dwelling units per gross acre. When a property is being proposed for rezone
to the MU zoning district a development agreement may be utilized in lieu of the PUD and/or
conditional use process if approved by the city council provided the development agreement
includes conditions of development that are required during the PUD and conditional use
process.
Section 2: SEVERABILITY. This ordinance is hereby declared to be severable. Should a court
of competent jurisdiction declare any portion of this ordinance invalid, the remaining provisions
shall continue in full force and effect and shall be read to carry out the purpose(s) of the
ordinance before the declaration of partial invalidity.
Section 3: REPEAL OF CONFLICTING PROVISIONS. All provisions of the current Eagle
City Code or ordinances of the City of Eagle, Idaho, which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
Page 1 of 2
K:\COUNCIL\Draft Ordinances\Ord 539 ZOA-1-06 draft.doe
Section 4: EFFECTIVE DATE. This Ordinance, or a summary thereof in compliance with
Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City, and
shall take effect immediately upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this.,27:day of
CITY OF EAGLE, IDAHO
Ada County, Idaho
SHARON K. BERGMANN
CITY CLERK/TREASURER
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Page 2 of 2
K. COUNCIUDraft Ordinances\Ord 539 ZOA-1-06 draft.doc
, 2006.
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616 Flle:
Route tr•
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
cl �� t C,1
Address: (o ( U C v
July 1U, 2006
G oL) lk I :LA)
ORDINANCE NO. 539
Identification:
Run Dates:
Number Lines
Other
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPO-
RATION OF THE STATE OF IDAHO, AMENDING TITLE 3, CHAPTER 2,
SECTION 1 OF THE EAGLE CITY CODE BY DECREASING THE MAXIMUM
NUMBER OF RESIDENTIAL DWELLING UNITS PER GROSS ACRE IN MIXED
USE'DISTRICTS FROM TWENTY (20) UNITS TO TEN (10) UNITS; PROVID-
ING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated
under the laws of the State of Idaho; and
WHEREAS, the F.agle City Council finds that it is in the best interests of the City
of Eagle to decrease the maximum number of residential units allowed in mixed use
districts;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUN-
CIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: Title 8, Chapter 2, Section 1 of the Eagle City Code is hereby amended
as follows:
8-2-1 MU MIXED USE DISTRICT: To provide for a variety and mixture of uses
such as limited office, limited commercial, and residential. This district is intended
to ensure compatibility of new development with existing and future development.
It is also intended to ensure assemblage of properties in a unified plan with coordi-
nated and harmonious development which shall promote outstanding design with-
out unsightly and unsafe strip commercial development. Uses should complement
the uses allowed within the CBD zoning district. All development requiring a condi-
tional use permit in the MU zoning district, as shown in Section 8-2-3 of this
chapter, shall occur under the PUD and/or development agreement process in
accordance with Chapter 6 or 10 of this title unless the proposed development does
not meet the area requirements as set forth in Section 8-6-5-1 of this title. In that
case, a cooperative development, in conjunction with adjacent parcels (to meet the
minimum area requirements), shall be encouraged. Otherwise, a conditional use
permit shall be required unless the proposed use is shown as a permitted use in the
MU zoning district within Section 8-2-3 of this chaper. Residential densities shall
not exceed t.....ty (20) ten (10) dwelling units per gross acre. When a property is
being proposed for rezone to the MU zoning district, a development agreement
may be utilized in lieu of the PUD and/or conditional use process if approved by the
city council, provided the development agreement includes conditions of develop-
ment that are required during the PUD and conditional use process.
Section 2: SEVERABILITY. This ordinance is hereby declared to be severable.
Should a court of competent jurisdiction declare any portion of this ordinance
invalid, the remaining provisions shall continue in full force and effect and shall be
read to carry out the prupose(s) of the ordinance before the declaration of partial
invalidity.
Section 3: REPEAL OF CONFLICTING PROVISIONS. All provisions of the
current Eagle City Code or ordinances of the City of Eagle, Idaho, which conflict
with the provisions of this ordinance are hereby repealed to the extent of such
•
;CANNED
RECEIVED & FILED
CITY OF EAGLE
JUL 13 2006
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Idaun, being duly sworn, deposes
ys: That he is the Principal Clerk of
a weekly newspaper published at
ounty, State of Idaho; that the said
is in general circulation in the said
Ada, and in the vicinity of Meridian,
agle, and has been uninterruptedly
d in said County during a period of
consecutive weeks prior to the first
notice, a copy of which is attached
nd that the notice was published in
in conformity with Section 60-108,
de, as amended, for I` time(s)
and entire issue of said paper, and
he newspaper proper, and not in a
and that said notice was published
on thefollowing dates:
(- LA IL) 0 2 v() 6
2
T„,L\ 13 2.oO
STATE OF IDAHO)
)SS
�
OUNTY OF ADA )
of in the year of 2006
Notary u , personally appeared
.or identified to me to be the person
subscribed to the within instrument,
e fi duly sworn, declared that the
tr =ny acknowledged to me that
e executed the same.
Notary Public for Idaho
Resi41n at B»ise, ID
'mission expires: