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Ordinance - 2012 - 671 - Amend Title 8/Off Street Parking/Loading/Dda/Dta - 06/26/2012 ORDINANCE 671 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 business development in the downtown, 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 Page 1 of 3 K:\Planning Dept\Eagle Applications\ZOA\2012\ZOA-01-12 parking revisions DDA TDA ord cc ver.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" is hereby amended with the underlined text added to read as follows: 8-4-5: SCHEDULE OF PARKING REQUIREMENTS: In accordance with subsection 8-4-1A of this chapter, parking spaces for other permitted or conditional uses not listed herein shall be determined by the administrator. Among the factors for determining the number of spaces to be required for a use not listed herein, the administrator shall compare the proposed use with a use which has similar traffic generating characteristics as outlined in the most recent version of the institute of transportation engineers trip generation manual. For the purpose of this title, the following space requirements shall apply, except that in the DDA and TDA the space requirement listed herein shall be reduced by 50% for all non-residential uses and adjacent 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. Page 2 of 3 K:\Planning Dept\Eagle Applications\ZOA\2012\ZOA-01-12 parking revisions DDA TDA ord cc ver.doc Adopted by the Eagle City Council, Eagle, Idaho, on this day of J(,v7-, , 2012. CITY OF EAGLE, IDAHO Ada County, Idaho wines D. Reynolds / ayor ATTEST: ........... •GSAGL� O••,,,,,,• ••,,� •• �, �,r it ArF �� ,0 aron K. 0 .gmann F ��P• o= City Clerk/ reasurer •'�.Z coki.09'���'.OQ",,, `rTATE° �,, Page 3 of 3 K:\Planning Dept\Eagle Applications\ZOA\2012\ZOA-01-12 parking revisions DDA TDA ord cc ver.doc Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account - / L Fa.3It , IcL o Address: Identification: Run Dates: N�.rnher Lines July 2, 2012 Legal Notices ORDINANCE 671 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 business development in the downtown, 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", ArticleADesign 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 ate Tots, 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 nn A • n.,,i CSA I.t_I w' Q n tat •2 2-0 Ns' RECEIVED—8, FILED CITY OF EAGLE JUL 4C 2012 File: Route to. Amount s'IW2- nk Thomason, being duly swom, deposes and says: That he is the Principal Clerk of Times, a weekly newspaper published at Ada County, State of Idaho; that the said spaper is in general circulation in the said inty of Ada, and in the vicinity of Meridian, and Eagle, and has been uninterruptedly ublished in said County during a period of (-eight consecutive weeks prior to the first of this notice, a copy of which is attached reto, and that the notice was published in Times, in conformity with Section 60-108, oho Code, as amended, for ( time(s) egular and entire issue of said paper, and ited in the newspaper proper, and not in a merit and that said notice was published on the following dates: Dinning J -U- , 21 2_0 [1._ ding ,T, LI 7._0 1 �- STATE OF IDAHO ) )SS COUNTY OF ADA ) C. day of in the year of 2012 me, a Nota Pu lc, personally appeared mown or identified to me to be the person me is subscribed to the within instrument, 9 by me fkrst duly swom, declared that the in are tris end acknowledged to me that he executed the same. 0. Notary Public for Idaho Residing/at�)D y Commission expires: BI Uig