Ordinance - 2012 - 673 - MU Density - 11/27/2012 CITY OF EAGLE
ORDINANCE NO. 673
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 INCREASING THE MAXIMUM NUMBER OF RESIDENTIAL DWELLING
UNITS PER GROSS ACRE IN THE MIXED USE DISTRICTS FROM TEN (10) UNITS TO
TWENTY (20)UNITS; REPEALING ORINANCE 539; AND 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
twenty (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.
Page 1 of 2
K:\COUNCIL\Draft Ordinances\Ord 673 MU density.doc
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.
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/7, day of CVv •ewk J Z k2012.
CITY OF EAGLE, IDAHO
A;a County, IdahoAp
Aar _,__i
ryames D. Reynolds/
MAYOR
,,,.,,U,.....
ATTEST: OF t ;'
SHARON K. BERGMA * • •
-, SEAL::'
CITY CLERK/TREASURER ' W
Page 2 of 2
K:\COUNCIL\Draft Ordinances\Ord 673 MU density.doc
RECEIVED&FILeD—
CITY OF EAGLE
Valley Times DEI. 0 6 2012
P.O. Box 1790-Eagle, Idaho 83616
File:
LEGAL ADVERTISING PROOF OF PUBLICATION Route to:
Account (t,t,Iy .,. Ea- Identification: eriad.;el an ca_ AI - GI" 3
CITY OF EAGLE -ORDINANCE NO.673 ' 'Z 3 11_,
a 2
�: la- � 3 �-ol
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 INCREASING THE MAXIMUM NUMBER OF RESIDENTIAL
DWELLING UNITS PER GROSS ACRE IN THE MIXED USE DISTRICTS FROM
TEN( 10)UNITS TO TWENTY(20)UNITS;.REPEALING ORINANCE 539;AND Lines I 0 Amount f U '
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 auk Thomason, being duly sworn, deposes
WHEREAS,and the Eagle City Council fmds that if is in the best interest of the City of and says:That he is the Principal Clerk of
. Eagle to decrease the maximum number of residential units allowed in mixed use districts, py Times, a weekly newspaper published at
and NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL a,Ada County, State of Idaho;that the said
OF THE CITY OF EAGLE,Ada County,Idaho; . IArspaper is in general circulation in the said
Section 1:Title 8,Chapter 2,Section 1 of the Eagle City Code is hereby amended as unty of Ada, and in the vicinity of Meridian,
follows: and Eagle, and has been uninterruptedly
)ublished in said County during a period of
8-2-1 MU MIXED USE DISTRICT:To provide for a variety and mixture of uses such as y-eight consecutive weeks prior to the first
limited office, limited commercial,and residential. This district is intended to ensure i Of this notice, a copy of which is attached
compatibility of new development with existing and future development.It is also intended
g properties in a unified plan with coordinated and harmonious ereto, and that the notice was published in
to ensure assemblage of ro P
development which shall promote outstanding design /Times, in conformity with Sectipn 60-108,
P p g gn without unsightly and unsafe strip �
commercial development. Uses should complement the uses allowed within the CB I D Jaho Code, as amended,for time(s)
zoning district.All development requiring a conditional use permit in the MU zoning regular and entire issue of said paper, and
district,as shown in section 8-2-3 of this chapter,shall occur under the PUD and/or inted in the newspaper proper, and not in a
development agreement process in accordance with chapter 6 or 10 of this title unless the llement;and that said notice was published
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 o the following dates:
(to meet the minimum area requirements),shall be encouraged.Otherwise a conditional eginning �'e ce ✓1- e. 3 2.0 (2-
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 twenty f 20)tun( 10>dwelling units per gross acre.When a property is being j� t
proposed for rezone to the MU zoning district a development agreement may be utilized i✓..t c.t nt Lee `. 20 I t
in lieu of the PUD and/or conditional use process if approved by the city council provided ,nding +
the development agreement includes conditions of development that are required during
the PUD and conditional use process. /X-01"�.�+ .rrtl et., '
Section 2:SEVERABILITY.This ordinance is hereby declared to be severable.Should a. STATE OF IDAHO)
court of competent jurisdiction declare any portion of this ordinance invalid,the remaining )SS
provisions shall continue in full force and effect and shall be read to carryout the purpose( COUNTY OF ADA)
s)of the ordinance before the declaration of partial invalidity.
ay of in the year of 2012
Section 3:REPEAL OF CONFLICTING PROVISIONS.All provisions of the current e me,a Notary Public, personally appeared
Eagle City Code or ordinances of the City of Eagle, Idaho,which conflict with the known or identified to me to be the person
provisions of this ordinance are hereby repealed to the extent of such conflict. ame is subscribed to the within instrument,
Section 4:EFFECTIVE DATE.This Ordinance,or a summary thereof in with v by me first du sworn,declared that the
Section 50-901A,Idaho Code,shall be published once in the official newspaper of the ei are true, an, = 1 owledged to me that
City,and shall take effect immediately upon its passage,approval,and publication. t ed the same.
Adopted by the Eagle City Council,Eagle,Idaho,on this 27th day of November 2012. Notary Public for Idaho
CITY OF EAGLE,IDAHO
Ada County,Idaho
0,........... Residi Bo' a ID
,�4, O>?BA (4,•1;. M Commission expires:
James D.Reynolds G• 4tolta
MAYOR �O
* 41.44. It
ATTEST:SHARON K.BERGMANN �' �;`• p
CITY CLERK//TREASUR R `�'A `.-,—�, t
'4 Ot'