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Ordinance - 2003 - 434 - Amending Parking Lot Landscaping - 01/14/2003ORDINANCE 434 ORIGINAL ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAPS", ARTICLE A "DR DESIGN REVIEW OVERLAY DISTRICT", SECTION 7 "LANDSCAPE AND BUFFER AREA REQUIREMENTS", SUBSECTION K "PARKING LOT LANDSCAPING", ITEM 2 "PARKING LOT LANDSCAPE STRIP", PARAGRAPH d; 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; 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 2 "Zoning Districts and Maps", Article A "DR Design Review Overlay District", Section 7 "Landscape and Buffer Area Requirements", Subsection K "Parking Lot Landscaping", Item 2 "Parking Lot Landscape Strip", paragraph d. is amended to add the underlined text as follows: d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. The Board may waive the requirement for a wood, brick, stone. decorative block or concrete fence if the Board finds the following: 1. The applicant must design. document. and obtain City approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrian and motorists: and 2. Anv such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. Section 2: 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 3: This ordinance or summary thereof in compliance with Idaho Code § 50-901A, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval and publication. Page 1 of 2 ORDINANCE NO 434.doc Adopted by the Eagle City Council, Eagle, Idaho, this 14th day of January, 2003. CITY OF EAGLE Ada County, Idaho ATTEST: Sharon K. Moore, f * _ City Clerk/Treasurer 1 s SEAL. O .''''q PE OF 19,P s•. Page 2 of 2 ORDINANCE NO 434.doc Tracy Osborn From: Tracy Osborn [teosbom@rmci.net] Sent: Tuesday, January 21, 2003 12:57 PM To: Valley Times; Geneva Trent Subject: Ordinance No. 434 ORDINANCE NO 434.dce Please publish the attached ordinance one time only as soon as possible. THANKS!