Loading...
Ordinance - 2020 - 826 - Amend Title 8 Zoning Chapter 1 - 07/28/2020ORDINANCE NO. 826 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8 "ZONING", CHAPTER 1, SECTION 2, CHAPTER 2, SECTIONS 1, 3, AND 4; 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 have determined that good cause exists for amending the Eagle City Zoning Code to protect the public health and safety and the aesthetic quality of the City; and WHEREAS, the proposed changes to the Eagle Zoning Code are in accordance with the City of Eagle Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: That Title 8, Chapter 1, Section 2, be and is hereby amended, to read as follows with underline text to be added: The following words and terms, when used in this title, shall have the meanings ascribed to them in this section: APARTMENT: A room or suite of rooms in a multiple -family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities permanently installed. DWELLING, MULTI -FAMILY: A dwelling consisting of three (3) or more dwelling units ineluding4ewaheases and condeminiumo with varying arrangements of entrances and party walls, commonly referred to as apartments. Multi -family housing may include public housing. DWELLING, SINGLE FAMILY ATTACHED: A dwelling consisting of two (2) or more dwelling units attached to one another by common walls with each dwelling unit being on a separate lot, commonly referred to as townhouses and/or townhomes. Section 2: That Title 8, Chapter 2, Section 1, be and is hereby amended, to read as follows with underline text to be added: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral Page 1 of 4 K \COUNCIL\Ordinaaces‘Ord 826 single family addached dwelling docx following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. When a property is being proposed for rezone to the R 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 3: That Title 8, Chapter 2, Section 3, be and is hereby amended, to read as follows with underline text to be added: DISTRICTS LAND USES A I A-R I R-E ( R I L-0 I C-A I C-1 I C-2 I C-3 I CBD I M-I I BPI M-2 I M-3 I PSI MU COMMERCIAL: Apartment G G G G Multi -family P G G C C dwelling Single-Familv C C C Attached Dwelling P C G C C Two-family dwelling C Page 2 of 4 K:ICOUNCIL\Ordinances1Ord 826 single family addached dwelling.docx Section 4: That Title 8, Chapter 2, Section 4, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: OFFICIAL HEIGHT AND AREA REGULATIONS Zoning District A A-R R-E R-1 R-2 Minimum Yard Setbacks Note Conditions A To E* Maximum Lot Interior Street ! Covered F Rear Side Side And J* Minimum Lot Area (Acres Or Minimum :1 Square Lot Feet) H* Width I* 20 acres 100' 11 R-4 P R-5 70' r'1 AA R-6 te-R- f 25 i j R-6 to R- 35' 20' 15' 5' 20' n/a 1,600 20' rI 10 10' if 5' if 0' for single alley alley common j family load load wall attached dwellings Maximum Height Front 60' ! 60' 35' 35' 35' 35' 35' 35' 35' 35' 30' ; 30' 45' 60' 30' 30' 45' 50' 30' 20' r 35' 30' ~ 30' 15' 30' 30' 30' 10' 20' 30' 25' 7.5' 20' 20' 25' 7.5' 20' 20' 25' 7.5' 20' 20' 205' 7.5' 20' 10% 10% 15% 35% 40% 40% 40% 40% 60% 4.7 acres 100' 1.8 acres 100' 37,000 100' 17,000 75' 10,000 75' 8,000 70' 7,000 75,000 50' �!•'_^,-;_ � `.i��-'.'r`..w.�.f....•..`.'. `„^R•�^-'��i--�w�.s?,�' ! . �"..�.:.�-..�..� 7,-,. ..,7 ...1, 7. r .,.Tf.—.!+.'- 1 .. ! .i ! ?�T•—w.�- 3'fT.,!-� B. Except for Single Family Attached Dwellings, an Aadditional5 feet per story side setback is required for multi -story structures. Height not to exceed maximum allowed within the zone. Section 5: The provisions of this ordinance 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 of this ordinance. Section 6: This ordinance 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 ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be published. Page 3 of 4 K:\COUNCIL\Ordinances\Ord 826 single family addached dwelling.docx this o'5 day of t, Jul , 2020. Approved and adopted CITY OF EAGLE Ada CouIdaho CIA ON PIERCE AYOR ATTEST: SHARONRGMANN CITY CL RK Page 4 of 4 K \COUNCIL\Ordinanccs\Ord 826 single family addached dwelling. docx Customer CITY OF EAGLE I LEGALS Customer Account 263905 Customer Address PO BOX 1520 EAGLE ID 83616 USA Customer Phone 208-939-6813 Customer Fax 208-939-6827 Sales Rep bjantzen©mcclatchy.com PO Number Ordinance 826 Net Amount $256.00 Idaho Statesman Keeping you connected I IdahoStatesman.com Order Confirmation Payment Method Invoice Tax Amount $0.00 Ad Order Number Order Source 0004715377 Invoice Text Ordinance 826 Package Buy Ad Order Information Ad Number Ad Tvee 0004715377-01 BOI-Legal Display External Ad Number Ad Size 3 X 10.00" Product BOI-Idaho Statesman Total Amount $256.00 Blind Box Ordered By Tracy Osbom Production Method New Build Ad Attributes Color Placement 0300 - Legals Classified Pavor Customer CITY OF EAGLE / LEGALS Pavor Account 263905 Pavor Address PO BOX 1520 EAGLE ID 83616 USA Pavor Phone 208-939-6813 Customer EMail krekow@cityofeagle.org , losbom(c Order Taker bja ntze n@mcclatchy. com Tear Sheets 1 Payment Amount $0.00 Proofs Affidavits 0 1 Special Pricing Promo Type Materials Production Notes Run Schedule Invoice Text Position 0301 - Legals & Public Notices Run Dates 08/05/2020 Ad Released No Amount Due $256.00 Pick UP Times Run Schedule Cost 1 $256.00 Page 1 or 1 Account # 263905 Ad Number 0004715377 Attention: Tracy Osborn CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 83616 aho Statesman RECEIVED & FILED I a-r-Y OF EAGLE Keeping you connected I idahoStatesman.com AU( 1 "I 2020 Ale: Route to: AFFIDAVIT OF PUBLICATION Itinnlincstion PO Ordinance 826 Amount 5256 (:)0 Cols 3 Derail 10.00 In VICTORIA RODELA, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Bose, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: 1 Insertions Beginning issue of: 08/05/2020 Ending issue of: 08/05/202'0 (Legals Clerk) On this 5th day of August in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. \ Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! ORDINANCE NO. 826 AN ORDINANCE OF THE CRY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8'ZONING'. CHAPTER 1. SECTION 2. CHAPTER 2, SECTIONS 1, 3, AND 4; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is s municipal corporation organized and operating under the laws of the Slate 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 have determined that good cause adds for amending the Eagle City Zoning Coda to protect the public health and safety and the aesthetic quality of the City, and WHEREAS, the proposed changes to the Eagle Zoning Cade are in accordance with the City of Eagle Comprehenehre Plan; NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: That Title 8, Chapter 1, Section 2, be and is hereby emended, to read as follows with underline loaf to bo added: The following worda and terms, when used In title tale, shall have the meanings ascribed to them In thlo section: APARTMENT: A room or suite of room! In a multiple-tamlly structure which Is arranged, deadened or used es a aingle housekeeping unit and has complete kitchen focilttloa permanently Installed. DWELLING. MULTI -FAMILY: A dwelling consisting of three (3) or more dwelling units 6,.J,.J1„y1. ,.'....— .. _..i ..::..:...._ with varying arrangements of entrances and party walla, commonly referred to as aosrtmenge. MuItl-famiy housing may Include public housing. 11WaUING. SINGLE FAMII Y ATTACHED: A dwelling conelstlna of two 121 or more (Melillo units attached to one another by common walls with each dwelling unit belie) en a separate lot —commonly referred to as townhouses end/or townhomes Section Z That Title 8, Chapter 2, Seatlon 1. be and Is hereby amended, to read as follows with underline text to be added: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gress density in an R district shag be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi-famity end t wrlamiy units/developments are prohibited In R-1, R-2, R-3, R-4 and R-5 zoning dlstride, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split appticationa submitted after the effective data hereof in all districts exceeding one dwelling unit per Iwo (2) acres (R.E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles. the chapter or title with the more restrictive provldon shall prevail. When a arooerty is belna proposed for rezone to the R zoning' district. a development eareement may be utilized In 'Mu o1 the PUD and/or conditional use process If approved by the city council. provided the development agreement includes conditions of development that are reaulred during the PUD and conditional use process Sactica.3 That Title 8, Chapter 2, Section 3, be end is hereby amended, to read as follows with underline text to be added: LAND USES COMMERCIAL: A,... Muttl4amily dwelling Ringle-Family Attached Dwelling Two-family dwelling DISTRICTS A-R I R-E l R I L-0 I C-A I Gi 1 C-2) C-3 I CBD I M-1 I BP I M-2 M-3 PSIMU 6 6 C C O Q C G Section 4: That Title 8, Chapter 2, Section 4, be and is hereby amended, to read as follows with underline text to be added and atrika-through teal to be deleted: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: OFFICIAL HEIGHT AND AREA REGULATIONS Minimum Yard Setbacks Minimum Nate Conditions A To E• Lot Area Maximum (Acres Or Minimum Zoning Maximum Interior Street Lot Covered Square Lot District Height Front Rear Side Side F And J• Feet) H• Width I• A 60' 60' 30' 30' 45' 10% 20 acres 100' A-R 35' 60' 30' 30' 45' 10% 4.7 acres 100' R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100' R-1 35' 30' 30' 15' 30' 35% 37,000 100' R-2 35' 30' 30' 10' 20' 40% 17,000 75' R-3 35' 30' 25' 7.5' 20' 40% 10,000 75' R-4 35' 20' 25' 7.5' 20' 40% 8.000 70' R-5 35' 20' 25' 7.5' 20' 40% 7,000 70' R-6 to-R-25 35' 20' 205: 7.5' 20' 60% 'T,5,000 50' R-6 to R-IQ 25: 2Q L4 V. 22: nls 1.600 2Q 6inale family 10' a aualr 5' 11 alley Q12r ati end (pad lead common Awnllinga Waft B. Ezceol for Single Family Attached Dwellinga„aaAedditlonal 5 feet per story side setback Is required for multi -story structures. Height not to exceed maximum allowed within the zone. Section 5: The provisions of this ordinance 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 of this ordinance. Section 5: This ordinance 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 ordinance, a summary thereof In compliance with Section 50-801 A, Idaho Code, may be published. Approved and adopted this 28th day of July, 2020. CITY OF EAGLE Ada County, Idaho JASON PIERCE MAYOR ATTEST: SHARON K. BERGMANN CITY CLERK