Ordinance - 2011 - 661 - Amend Title 8/Retail Parking/Dda & Tda - 07/12/2011 ORDINANCE 661
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8
"ZONING", CHAPTER 4 "OFF STREET PARKING AND LOADING", SECTION 5, "PARKING
REQUIREMENTS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the
laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council recognize the need to provide additional allowances within
Eagle City Code in order to encourage a compact City of Eagle Downtown area as defined within the
newly adopted City of Eagle Comprehensive Plan, and
WHEREAS, the Mayor and Council recognize the need to provide additional incentive for retail
smaller scale establishments in the downtown center, specifically the Downtown Development Area
(DDA) and Transitional Development Area(TDA) as defined within Eagle City Code, and
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 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, Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A
"Design Review Overlay District", Encourages the establish of a distinct downtown core 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"; and
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 and encourages shared parking within the DDA Downtown Development
Area; and
WHEREAS, Eagle City Code Chapter 2A "Design Review Overlay District" encourages a
compact development with a minimum of twenty percent (20%) lot coverage and a maximum of eighty
five percent (85%) lot coverage and encourages shared parking within the TDA Transitional Development
Area; and
WHEREAS, it is acknowledged by this ordinance, that the lots within the DDA and TDA involve
space limitations due to the minimal square footage of the lots, most of which are only approximately
7000-square feet, making it either physically impossible or impractical for excessive parking standards
thereby negatively impacting the growth and enhancement within the DDA; and
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K:\COUNCIL\Draft Ordinances\Ord 661 Recall Parking DDA-TDA doc
WHEREAS, the proposed changes to the zoning ordinance are in accordance with the new City of
Eagle downtown subarea plan and current Eagle City Code goals and objectives for the Downtown
Development Area (DDA) and Transitional Development Area(TDA).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: Eagle City Code Title 8 "Zoning", Chapter 4, "Off Street Parking and Loading",
Section 5, "Schedule of Parking Requirements", Retail Sales provisions in parking matrix, is hereby
amended with the underlined text added and the strikethrough text deleted to read as follows:
Retail sales of large items 1 per 500 square feet of gross floor area,
such as furniture and In the DDA and TDA 1 per 1000 square feet of gross floor area shall be required
appliances for any such use and on-street parking shall be included in the minimum
requirement.
Retail sales not listed 1 per 250 square feet of gross floor area.
under another use In the DDA and TDA 1 per 500 square feet of gross floor area shall be required
classification for any such use and on-street parking shall be included in the minimum
requirement.
Section 2: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
severable from the remaining provisions in this Ordinance and shall in no way affect the validity of the
other provisions of this Ordinance or Eagle City Code.
Section 3: All prior ordinances or parts thereof, to the extent inconsistent herewith, are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 4: 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/ day of jx,,a,./ , 2011.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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gr es D. Reynolds '�
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ATTEST: - ti), •. 'l ".
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Sharon K. Bergmann
City Clerk/ Treasurer
Page 2 of 2
K_\COUNCIL\Di aft Ordinances\Ord 661 Reim'Parking DDA-TDA_doc
RECEIVED FILED
CITY OF EAGLE
JUL. 2 1 '.A
Valley Times t n
P.O. Box 1790- Eagle, Idaho 83616 File:
LEGAL ADVERTISING PROOF OF PUBLICATION Route to:
Account: u.1-'J o f Ea-) U Identification: YA c.1-.;r Q n f L ` (o I
Address: L(() g. C.t'v1'c Lot.„(_ Run Dates: 7 -ir I ( (
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ORDINANCE661 7_i v .z0 ll rank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING Tm,E II 9y Times, a weekly newspaper published at
"ZONING", CHAPTER 4 "OFF STREET PARKING AND LOADING", SECTION 5, "PARKING
REQUIREMENTS";PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE e, Ada County, State of Idaho; that the said
DATE. _ wspaper is in general circulation in the said
WHEREAS,the City of Eagle,Idaho is at municipal corporation organized and operating under the )unty of Ada, and in the vicinity of Meridian,
laws of de State of Idaho;and ir, and Eagle, and has been uninterruptedly
WHEREAS,pursuant to Chapter 65,Title 67,Idaho Code,the City of Eagle has the authority to published in said County during a period of
adopt,establish and amend a Zoning Ordinance;and . Ay-eight consecutive weeks prior to the first
WHEREAS,the Mayor and Council �n of this notice, a copy of which is attached
recognize the need to provide additional allowances within
Eagle City Code in order to encourage a compact City of Eagle Downtown area as defined within the ,ereto, and that the notice was published in
newly adopted City of Eagle Comprehensive Plan,and y Times, in conformity with Section 60-108,
WHEREAS,the Mayor and Council recognize the need to provide additional incentive for retail laho Code, as amended, for I time(s)
smaller scale establishments in the downtown center, specifically the Downtown Development Area regular and entire issue of said paper, and
(DIM)and Transitional Development Arca(TDA)as defined within Eagle City Code,and
toted in the newspaper proper, and not in a
WHEREAS,Eagle City Code Title 8"zoning-,chapter"Zoning Districts and Maps",Article A dement; and that said notice was published
"Design Review Overlay District",Section 2:"Purpose and Goals",Subsection A"Purpose"states: on the knowing dates:
Paragraph 3: Provide planning and design guidelines to give specific direction for downtown t"� g
development,while allowing for flexibility that promotes creative,market driven development proposals; ?ginning tJ K`'} I k - 2-0 II
and t
WHEREAS,Eagle City Code Title 8"Zoning",Chapter 2"Zoning Districts and Maps",Article A 2
"Design Review Overlay District",Encourages the establish of a distinct downtown core area regulated to
fulfill the vision of the city Comprehensive Plan and to provide for activities conducive to a compact and Su_ No' ��
concentrated downtown commercial center";and riding �J
WHEREAS, Eagle City Code Chapter 2A "Design Review Overlay District" encourages a �/ f
compact development with a minimum of forty percent(40%)lot coverage and a maximum.of ninety live ¢ ."r�'a���
percent(95%)lot coverage and encourages shared parking within the DDA Downtown Development �J
Area;and
WHEREAS, Eagle City Code Chapter 2A "Design Review Overlay District" encourages a STATE OF IDAHO )
compact development with a minimum of twenty percent(20%)lot coverage and a maximum of eighty
live percent(85'/)lot coverage and encourages shared parking within the TDA Transitional Development COUNTY OF ADA)
Area;and
WHEREAS,it is acknowledged by this ordinance,that the lots within the D and IDA involve Z1 day of ;��, in the year of 2011
DA
space limitations due to the minimal square footage of the lots,most of which are only approximately ee me, a Notary Pub f, personally appeared
7000-square feet,making it either physically impossible or impractical for excessive parking standards
thereby negatively impacting the growth and enhancement within the DDA;and 1, known or identifie• to me to be the person
WHEREAS,the proposed changes to the zoning ordinance are in accordance with the new City of name is subscribed to the within instrument,
Eagle downtown subarea plan and current Eagle City Code goals and objectives for the Downtown ing by me first d worn, declared that the
Development Area(DDA)and Transitional Development Area(TDA). are true, a d - k •wledged to me that
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE / / " - ecuted the same.
Cn'Y OF EAGLE,Ada County,Idaho; J /A '.,
Section 1; City Code Title 8"Zoning",Chapter 4,�Street Parking amid Loading", a Notary Public for Idaho
Section 5,"Schedule of Parking Requirements",Retail Sales provisions in parking matrix, is hereby Resi . at B ire ID
amended with the underlined text added and the striketlrough text deleted to read as follows:
My Commission expires:
Retail sales of large Items I per 500 square feet of gross floor area
such as furniture and In the DDA and TDA 1 per 1000 square feet of gross floor area Mali be rewired
appliances tar env atich ig and an-suset wrlmhw,shall be n Oro ni m
r ri emend.
Retail sales not listed 1 per 250 square feet of gross floor area
under another use In the DDA and IDA 1 ar500 ewe feet of woes floor area slam be rewired
claudication ter eery suds ore and ei-easel d,e s al-he hid w fits mbtii,
risenwrd.
Section 2: If any provision in this Ordinance shall be declared by any court of competent