Ordinance - 2014 - 171 - Housing For Older Persons - 04/08/2014 ORDINANCE NO. 717
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY
CODE TITLE 8 "ZONING", CHAPTER 6 "PLANNED UNIT DEVELOPMENTS", SECTION 5, "SITE
AND STRUCTURE REGULATIONS AND REQUIREMENTS", SUBSECTION 4, "HOUSING FOR
OLDER PERSONS"; 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 City of Eagle hereby amends Eagle City Code Title 8 "Zoning", Chapter 6,
"Planned Unit Developments", Section 5, "Site and Structure Regulations and Requirements", Subsection
4, "Housing for Older Persons"; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Eagle City Code Section 8-6-5-4, be, and the same hereby is, amended with the
underlined text being added to read as follows:
A. To provide an incentive for communities for "older persons" (55 and over— as defined by the federal
fair housing act of 1999, or any subsequent revision thereof) to be included within lower density
residential PUDs the council may authorize an increased residential density to allow a maximum of
three (3) dwelling units per gross acre within any zoning designation which limits density to less than
three (3) dwelling units per gross acre specifically and solely for any portion of a PUD planned for a
community for "older persons". Such a density increase shall not be permitted in an A or A-R zoning
designation.
Character, identity, landscaping and architectural/siting variation are to be incorporated into any
community for "older persons". The community may consist of single-family, two-family or multi-
family dwelling units, or a mixture thereof and should be clustered and include amenities for "older
persons". Zero lot line development with common open space areas shall be the only type of
development permitted to be considered for such an increase. The zero lot line development shall
allow for minimal front and/or rear yard areas for each residential unit if proposed by the developer
and approved by the city. However, the exterior side walls of all residential buildings shall abut a
common area lot line. The intent of the zero lot line development is to allow for large areas of open
space as opposed to a sea of side yard and rear yard fences dividing residential lots. For purposes of
this section, the minimum lot size referenced elsewhere within this code shall be calculated by
considering the entire community for "older persons" as a whole. Also, the PUD shall be designed so
the community for "older persons" portion of the development does not abut residential parcels
adjacent to the PUD and sufficient buffering be provided as may be required by the city. Stand alone
communities consisting of only housing for "older persons", as defined, may be allowed to request a
gated community with private roads.
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The following site criteria must be met in order to consider approval of the density increase for the
community for"older persons":
1. For a planned unit development containing multiple housing types, the land area containing
housing exclusively for "older persons" shall not encompass a land area exceeding sixteen percent
(16%) of the total land area within the entire planned unit development;
2. The total land area of the entire planned unit development shall be a minimum of eighty(80) acres.
The total land area of a stand alone planned unit development consisting of only "older persons"
housing shall be a maximum of thirty (30) acres;
3. The entire PUD shall be served by either a municipal or community water and sewer system;
4. Any limitations regarding individuals occupying the community for "older persons" must be in
accordance with local, state and federal regulations, and must specifically be in accordance with
the federal fair housing act as revised in 1999, or any subsequent revision thereof. "Older persons"
shall be defined within the aforementioned act;
5. The community for"older persons" shall be prohibited within any 100-year floodplain;
6. Open space requirements shall be as follows (where this section and any other section of this title
or Title 9 of this code conflict or overlap, this section shall control):
a. If the residential lots (not including the community for "older persons" portion of the PUD)
meet the minimum lot size requirement or are reduced below the minimum lot size
requirements such that no residential lot is less than one acre in size, the entire PUD shall
consist of a minimum of twenty percent (20%) of open space.
b. If the residential lots (not including the community for"older persons"portion of the PUD) are
reduced below the minimum lot size requirement such that any residential lot is less than one
acre in size, the entire PUD shall consist of a minimum of twenty six percent (26%) of open
space.
c. Pathways, buffer areas, public park sites, public school sites, and public golf courses and/or
driving ranges proposed within any such PUD shall be included, in their entirety, with any
other open space areas proposed when calculating the minimum open space required.
d. A minimum of one 5,000-square foot clubhouse/indoor recreation facility shall be provided
with the community for"older persons"portion of the PUD.
7. The final plat shall include a note indicating that the portion of land permitted for the density
bonus for "older persons" shall be for "older persons" as defined by the federal fair housing act as
revised in 1999, or any subsequent revision thereof;
8. Enforcement of the provisions of the federal fair housing act of 1999, or any subsequent revision
thereof, must be the responsibility of the homeowners' association and so noted in the CC&Rs.
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.
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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 8th day of April, 2014.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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OVA,
I. . .Wird
es D. Reynol e s 1
ayor
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ATTEST: Ss •
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1i_..ei4/Ari V GV 4a Qi
Sharon K. Bergmann * ti ♦S)i•
City Clerk/Treasurer ` -
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RE EIVED 8 FIL-a
CITY OF EAGLE
ANK 2 8 2014
File:
Valley Times Route to.
P.O. Box 1790- Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: t .ct-- /4 Identification: 5A Yus - X .'(9-
P 1
Address: �O�..C� E Ct V i L"'f Run Dates: ��
E_ap, TGAL.,L0
l c� gl 114.• 2
Number Lines 1 7 2 Amount
Other
Legal N O t 1 C e $ Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
ORDINANCE NO'7IT alley Times, a weekly newspaper published at
AN ORDINANCE EAGLE,ADA "1' "aL t `l 7- agle, Ada County, State of Idaho; that the said
CODE TffLE CITY OF� IDAHO AMENDED EMILE CITY newspaper is in general circulation in the said
AND s� `rAFT r 0F�15N5,"S County o Ada, and in the vicinity of Meridian,
OLDER PERSONS";AND PROVIDING AN EFFECTIVE DATE. $� C •"EtU#1yS2IVp FOR Star, and Eagle, and has been uninterruptedly
IR laws of of :sm ' °1e/venty-eight consecutive weeks prio to the fi st the Al
SAS,Pamtetd 1b c*y of has the.0 adopt,,,, ;R, i ndo. „ ation of this notice, a copy of which is attached
hereto, and that the notice was published in
uASalnet5q.ofEagieh°i�Yateaada 'alley Times, in conformity with Section 60-108,
"�'bwned u�uD�».sue,s, a mo`cly cos`z; $mat c ry
Li 4,"Housing Older P "cand Idaho Code, as amended, for l times)
I the regular and entire issue of said paper, and
CITY OF EAGLE, $� BY THE MAYOR, IL OF Is printed in the newspaper proper, and not in a
11 Swath That Eagle City Code supplement; and that said notice was published
IC underfined text beins*kW to read as follows:
�+�mea"`�"` Be innin on the following dates:
g gam ( -2f � �.n1 `f
li
A.To provide an inastdo for Mies fbr'blder moons"(55 and al
nj residential M Ds the may ' w be�*thin (�
once t>aweinng per au authorize i sued r density to allow a density
Q three(3)dwettg tans Pa acre Vii}ming and delineation which density of Ending �. c� 4
I� �ecomity "elder persons". Such s y no 'e aPa PUD punned for a
duty home shall not be permitted in at A or A zoning
I (' '
community "older a d atu abbidng are to be
fintally
Y''1a qr a mixture thereof icy at smote ei,,y;' STATE OF IDAHO)
persona". E let line development opal y c )SS
n Ito be increase. The zero lot Mrs
d �, andl r tear yard r each unit if ant developer '1 (,a r OUNTY OF ADA)
city. thet�Mk of all proposed buildings the this .4 I�day of in the year of 2014
COMMA MI kit S �o Watt of doe zero i«line dew for before me, a Notary P blic, personally appeared
apteoo ae**Paoli to a of side yaed and ma
yard this the Minoan lot size referenced Mafia.hams e t Fare of nason, known or identified to me to be the erson
considering
the erne community for"older tao,soda be by P
i �' y Ibt`"oWa paaoro"poetion aI "whole. ' PUDIbcIibede �hose name is subscribed to the within instrument,
1°'t` °'°'d arpri„ ties ma t#tt mat Pmxls i eing by me first d ly sworn, declared that the
• , , nur6edbYthe�y;
tatted�wi Mate mad;. a is er in are true, a nowledged to me that
Tire following she criteda
must be met in order to consider approval of the density incefbr the
community liar"older pasons":
e executed the same.
bask" Notary Public for Idaho
}oft et�� "P, s sixteen to Re gat poise ID
2. The total land aft oftheeudteMaudaeit My Commission expires: `7 1
fa shell be s b►uumatt afeiShty(SO)acres
ibalt8ea - •��. .,.%„ ,i
3. The ertlreFCID shall be saved by Ohm municipal
4• Any a`follyWa*crandsewersy ;
leg intlivrduale oocupyite the conuntinity for'older ndoe a ions and'wot be hsane be Wald fair booing, t mo * envision thereat"Older cc A,shall be defined within the
S. The community for laider persons"davit be prohibited within any 100-year Win: