Resolution - 2007 - 19A - Modifed Downtown Parking - 12/11/2007
RESOLUTION NO. 07-19A
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO REPEALING
RESOLUTION NO. 07-19, AND ENACTING A NEW RESOLUTUION PROVIDING
CRITERIA TO EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 4 "OFF STREET
PARKING AND LOADING", SECTION 4 "ADDITIONAL PARKING REGULATIONS
AND REQUIREMENTS", SUBSECTION 5 "PARKING IN LIEU PAYMENTS" TO
MODIFY THE PARKING IN-LIEU FEES FOR A PORTION OF THE DOWNTOWN
DEVELOPMENT AREA; PROVIDING CRITERIA TO EAGLE CITY CODE TITLE 8
"ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAPS, ARTICLE A "DESIGN
REVIEW OVERLAY DISTRICT", SECTION 7 "LANDSCAPE AND BUFFER AREA
REQUIREMENTS", SUBSECTION 0 "ALTERNATIVE METHODS OF COMPLIANCE",
PARAGRAPH 3 FOR TREE RETENTION, TREE REPLACEMENT COSTS, AND WAIVER
PROVISIONS FOR SUCH RETENTION AND COSTS IN A PORTION OF THE
DOWNTOWN DEVELOPMENT AREA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR DURATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Whereas the City of Eagle through its Comprehensive Plan has identified the Central
Business District as a unique and important center for commerce in the City; and
Whereas the City wants to foster and stimulate continued growth and development within
the Central Business District to further establish and solidify it as the economic, cultural, and
civic center ofthe community; and
Whereas the City of Eagle has prioritized the protection of existing trees and the
establishment of minimum parking standards within the Central Business District in order to
create a unique, pedestrian friendly and inviting downtown; and
Whereas the City of Eagle through cooperative planning with the Eagle Chamber of
Commerce and the Chamber's public participation process has determined that certain existing
features of the Central Business District regulations, parking, and tree standards may have
significant impact on the development and implementation of the vision plans for certain
properties within the area; and
Whereas, the City of Eagle and the Eagle Chamber of Commerce jointly commissioned a
Downtown Feasibility Committee to study the feasibility of stimulating Eagle's desired
development within Eagle's downtown core and to subsequently provide recommendations to
the Eagle Mayor and City Council based upon their findings;
Whereas, the Committee sought public input by holding several public meetings with
downtown core business owners and property owners as well as citizens throughout Eagle's Area
of City of Impact;
Whereas, this Resolution includes several components of the first phase of
recommendations provided by the Committee, specifically as they relate to parking and tree
replacement solely within the area identified on Exhibit A, attached hereto;
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Whereas, Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps",
Article A "Design Review Overlay District", Section 2: "Purpose and Goals", Subsection A
"Purpose" states:
Paragraph 1: The purpose of this article is to recognize the interdependence of land values and
aesthetics and to provide a method by which the city may implement this interdependence to the
benefit of the community;
Paragraph 2: The purpose of this article is to Encourage the development of private property in
harmony with the desired character of the city and in conformance with the guidelines herein
provided with due regard to the public and private interests involved; and
Paragraph 3: Provide planning and design guidelines to give specific direction for downtown
development, while allowing for flexibility that promotes creative, market driven development
proposals; and
Whereas, the properties identified within Exhibit A, attached hereto, are located within
the Downtown Development Area (DDA) and a portion ofthe Transitional Development Area
(TDA); and
Whereas, Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps",
Article A "Design Review Overlay District", Section 5 "Design Review Overlay Districts; Eagle
Architecture And Site Design Book (EASD)", Subsection C "Areas Of Development",
Paragraph 1 Downtown Development Area-DDA states, "The purpose of the DDA is to establish
a distinct area regulated to fulfill the vision of the city comprehensive plan and to provide for
activities conducive to a compact and concentrated downtown commercial center;"
Whereas. the purpose of the TDA is to provide areas for public parking and service to the
DDA and serve as an area for future expansion of the DDA as market demands grow;
Whereas, Eagle City Code Chapter 2A "Design Review Overlay District" encourages a
compact development with a minimum of forty percent (40%) lot coverage and a maximum of
ninety five percent (95%) lot coverage, encourages shared parking and off-site parking, and
encourages parking in lieu payments for future public parking facilities within the Downtown
Development Area (DDA);
Whereas. Eagle City Code Chapter 2A "Design Review Overlay District" encourages a
compact development with a minimum of twenty percent (20%) and a maximum of eighty five
percent (85%) lot coverage. within the Transitional Development Area (TDA);
Whereas, Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps",
Article A "Design Review Overlay District", Section 7 "Landscape And Buffer Area
Requirements", Subsection 0, "Alternative Methods Of Compliance", Paragraph 1, "Project
Conditions" state, "It is not the intent of these landscape requirements to inhibit creative
solutions to land 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 this section. Requests
for use of alternative landscaping schemes are justified only when one or more of the following
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conditions apply" and the first item for justification (item a) states, "The sites involve space
limitations or unusually shaped parcels"; and
Whereas, it is acknowledged by this resolution, that the lots identified within Exhibit A,
attached hereto, involve space limitations due to the minimal square footage of the lots, most of
which are only approximately 7,000-square feet in size, and numerous existing trees in the
downtown area, result in a strict interpretation the requirements for tree replacement being either
physically impossible or impractical thereby negatively impacting the growth and enhancement
within the DDA and TDA.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows;
Section 1; The provisions herein apply to any Design Review application within the area
identified on Exhibit A, attached hereto, received by the City within one year from approval of
this Resolution or for any Design Review application which was submitted prior to approval of
this Resolution but which has not yet been acted on by the City Council.
Section 2: The provisions within this Resolution shall be revoked for any Design Review
application in which a building permit for each and every building, if more than one, has not
been obtained from the City within two years of City Council approval of any such Design
Review application.
Section 3: Eagle City Code Section 8-4-4-3-A-7 allows the Zoning Administrator to
permit a maximum reduction in the number of parking spaces to be provided not exceeding
twenty percent (20%) of the sum of the number of spaces required for each use. Therefore, to
stimulate development of the downtown area as show on Exhibit A, attached hereto, any two or
three story mixed use developments shall be permitted a 20% parking reduction by this
Resolution. For purposes ofthis section, a mixed use development shall be those with
commercial uses on the first floor; residential uses on the second floor if a two story building;
commercial and or residential uses on the second floor if a three story building; and residential
uses on the third floor. The second or third floor may also include a restaurant.
Except for the required covered parking spaces for residential uses, the remaining number
of required parking spaces, after the 20% reduction as referenced above, may be substituted for
parking in lieu payments as referenced in Eagle City Code Section 8-4-4-5. The first 50% of the
remaining required parking spaces shall have the fee waived and the remaining 50% of spaces
shall pay a fee of $5,700 each.
Section 4: After receiving a valuation provided by the City Forester, along with
considering any additional evidence regarding tree value and development impacts, the City
Council will determine tree replacement cost on a case by case basis. However, to stimulate
development in the downtown area as shown on Exhibit A, attached hereto, the need to retain
existing trees and the tree replacement cost may be waived by the City Council under the
following criteria:
a. Trees along the Eagle Drain shall either be retained or shall be subject to
the tree replacement cost as shall be determined by the City Council;
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b.
This provision allowing tree removal in the downtown area shall not apply
to any tree recommended by the City Forester and determined by the City
Council to be of extraordinary value and historic significance; and
New trees to be planted within the downtown area as shown on Exhibit A,
attached hereto, shall be inspected by the City Forester prior to installation
to assure that the trees meet the City's standards for quality urban street
trees. A tree inspection fee, as adopted by resolution of the City Council,
will apply.
New street trees to be planted within the downtown area as shown on
Exhibit A, attached hereto, shall be planted using soil cell technology as
approved by the City Forester to accelerate and enhance the growth of the
urban tree canopy.
c.
d.
Section 5: The provisions of this resolution 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 ofthis resolution.
Section 6: The duration declared for this resolution shall exist for the period of one (1)
year from the date of passage as indicated in the paragraph hereof, unless terminated sooner by
the City Council.
Section 7: This resolution 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 resolution, a
summary thereof in compliance with Section 50-90IA, Idaho Code, may be published.
Approved and adopted this --'L day of i~F~m./:vr;2007.
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Nancy C. Merrill, Mayor
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ATTEST:
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~harorl K. Bergman, Eagle City lerk
STATEOFIDAHO )
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County of Ada )
On this.L.:4- day of,1)tCtm/;pv;2007, before me, the undersigned, a Notary Public in and for
said State, personally appeared NANCY C. MERRILL AND SHARON BERGMAN, known to
me to be the MAYOR and CITY CLERK of said municipal corporation that executed this
instrument and the persons who executed the said instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
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In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
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