Ordinance - 2002 - 431 - Amend Title 8 - 09/10/2002ORIGINAL
ORDINANCE NO. 431
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY
CODE TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAP", ARTICLE A "DR
DESIGN REVIEW OVERLAY DISTRICT" SECTION 6 "DESIGN GUIDELINES, OBJECTIVES AND
CONSIDERATIONS", SUBSECTION B "DOWNTOWN DEVELOPMENT AREA",1'1EM 2c
"OTHER FLOOR OPTIONS" AND [LEM 3f; SUBSECTION C "TRANSITIONAL DEVELOPMENT
AREA", ITEM 2c "OTHER FLOOR OPTIONS" AND ITEM 3f; 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 the Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Zoning Ordinance; and
WHEREAS, the City of Eagle desires to manage growth and development in the best interests of
its citizens; and
WHEREAS, the City of Eagle finds that additional flexibility is needed to further encourage
development of residential uses on floors above the ground floor within the Downtown Development Area
and Transitional Development Area of the Central Business District; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1:
Section 2:
Eagle City Code Title 8 "Zoning" Chapter 2 "Zoning Districts and Map", Chapter 2
"Zoning Districts and Map", Article A "DR Design Review Overlay District", Section 6
"Design Guidelines, Objectives and Considerations", Subsection B "Downtown
Development Area", Item 2c "Other Floor Options" is amended to add the underlined text
as follows:
c. Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection B2b of this Section including residential use. Any use must meet the
requirements set forth in Section 8-2-3 of this Title except that apartments on floors other
than the ground floor shall be a permitted use. For the purposes of this Section a single
apartment unit or multiple apartment units mav be permitted.
Eagle City Code Title 8 "Zoning" Chapter 2 "Zoning Districts and Map", Article A "DR
Design Review Overlay District", Section 6 "Design Guidelines, Objectives and
Considerations", Subsection C "Transitional Development Area", Item 2c "Other Floor
Options" is amended to add the underlined text as follows:
c. Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection C2b of this Section including residential use. Any use must meet the
requirements set forth in Section 8-2-3 of this Title except that apartments on floors other
than the ground floor shall be a permitted use. For the purposes of this Section a single
apartment unit or multiple apartment units mav be permitted.
Page 1 of 2
\\EAGLEN 1\COMMON\Planning Dept\Engle Applications\ZOA\2002\ZOA-3-02 cc versionl.doc
Section 3:
Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A 'DR
Design Review Overlay District", Section 6 "Design Guidelines, Objectives and
Considerations", Subsection B "Downtown Development Area", Item 3f is amended to
add the underlined text and remove the strike -through text as follows:
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent
(40%) and a maximum of ninety five percent (95%) in which case off-site parking
shall be provided for. The lot coverage requirement may be waived if development of
the lot as a parking lot is reviewed by the Design Review Eetee Board and is
approved by the ' ..• . •. - _ . - ..... - Council. Furthermore, the
minimum lot coverage requirement mav be reduced by the Council for the purpose of
providing adequate on-site parking in accordance with the provisions of this Title for
structures that include residential uses on floors other than the ground floor.
Section 4: Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A "DR
Design Review Overlay District", Section 6 "Design Guidelines, Objectives and
Considerations", Subsection C "Transitional Development Area", Item 3f is amended to
add the underlined text as follows:
Section 5:
Section 6:
f. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%) and a maximum of eighty five percent (85%) in which case off-site parking
shall be provided for. The minimum lot coverage requirement mav be reduced by the
Council for the purpose of providing adequate on-site parking in accordance with,
provisions of this Title for structures that include residential uses on floors other than
the ground floor.
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.
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.
DATED this ! day of Seplepik f---- 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co, d. io ',,�•�........q�,.i
.'' •� F E 0 �•.
GRA
Rick Yzaguirre, l ayo � • `fie Tco i
v� :
—•' :
•. o
e',4 TE OF Z9.•`•
•
..
ATTEST:
Sharon K. Moore, Eagle City lerk
Page 2 of 2
\\EAGLENPIICOMMOMPIanning Dept\Eagle Applications\ZOA\2002\ZOA-3-02 cc versionl.doc
Valley Times
PO Box 1790 Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: City of Eagle
Address: 310 E. State street
Eagle, Idaho 83616
Attention: Sharon Moore
Valley Times
PUBLIC 1
CITY OI
EAGLE PLANNING AND ZONING COM?LE CITY CODE TITLE 8 "ZONING",
W OVERLAY DISTRICT" SECTION 6
►OWNTOWN DEVELOPMENT AREA",
igle )NAL DEVELOPMENT AREA", ITEM
AUSE; AND PROVIDING AN EFFEC-
lianges to the Area of Impact Boundary as
netery, Bonita Hills Subdivision, and a portic
operating under the laws of the State of
rig the remainder of Brenson Subdivision ar
' the West Boise Wastewater Treatment Plan
has the authority to adopt, establish and
linden Boulevard and west of the West Bo
id
ban! the Comprehensive Plan Land Uling the Zoning Ordinance; and
nese: ,vita Hills Subdivision, and a porti.
eted from inclusion on the Boise Land Use the best interests of its citizens; and
g the remainder of Brenson Subdivision and
as Residential Four and Residential Two; :her encourage development of residential
f the West Boise Wastewater Treatment Pla Transitional Development Area of the
Boise Land Use Map and to be included on
inden Boulevard and west of the West Boi,
o the Boise Land Use Map;
'emetery to the Public/Semi-Public Land L1 -
(Special
(Special Areas and Sites) of the Comprehe
October 15, 2002
Van Treeck
nts are proposing to expand the western bot
Ere site is located on the southwest corner
02
ion Inc.
.rtt is proposing a Comprehensive Plan Ame
units per acre) to Mixed Use, and rezone f
located on the south side of Floating Feat
12/RZ-5-02
c.
int is proposing a Comprehensive Plan Amc
g units per acre) to Mixed Use, an annex[
tm R-2 (Residential - up to two dwelling u
located on the east side of Eagle Road ap
LC.
ant is proposing to expand the western boor
WO (up to two dwelling units per acre).
re site is located approximately 1200 feet r
naps, and specific legal descriptions are on
to comments will be accepted no later than
calling the City Clerk (939-6813) at least tl
ict may also conduct public meetings 1
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RECEIVED & FILED
CITY OF EAGLE
Filp
Identification: Ordinance No. 431
Run Dates: October 15, 2002
C ZT 1 3 2002
Number Lines 64 - 3 col. Amount: 165
Other:
Geneva A. Trent, being duly sworn, deposes
and says: That she is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks prior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
Idaho Code, as amended, for time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning: /0 — /S— poy
10 — �—.24'0a--
Ending:
STATE OF IDAHO )
)SS
COUNTY OF ADA )
On this/ 7 day of 7l--' in the year of 2002
before me, a Notary Public, personally appeared
Geneva A. Trent known or identified to me to be the person
whose name is subscribed to the within instrument,
and being by me first duly sworn, declared that the
statements herein are true, and acknowledged to me that
she executed thgisaniV!,,,,,,
". E. ' ;
ooep
_;3/Notary ; foih �' n
Residingtit: C �'•-
Bdise, Idaho
My Cor4isstgn'ek 1/96/05
•••.•,p'E 0 F•
1tt,,.•*.
Valley limes
October 15, 2002
ORDINANCE NO. 431
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CiTY CODE TITLE 8 "ZONING",
HAPTER 2 "ZONING DISTRICTS AND MAP", ARTICLE A "DR DESIGN REVIEW OVERLAY DISTRICT' SECTION 6
'DESIGN GUIDELINES, OBJECTIVES AND CONSIDERATIONS", SUBSECTION B "DOWNTOWN DEVELOPMENT AREA",
[TEM 2c "OTHER FLOOR OPTIONS" AND ITEM 3f; SUBSECTION C "TRANSITIONAL DEVELOPMENT AREA", ITEM
at. "OTHER FLOOR OPTIONS" AND ITEM 3f; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC-
TIVE 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 the Zoning Ordinance; and
WHEREAS, the Mayor and Cou have deterr that good cause exists for amending the Zoning Ordinance; and
WHEREAS, the City of Eagle desires to manage growth and development in the best interests of its citizens; and
WHEREAS, the City of Eagle finds that additional flexibility is needed to further encourage development of residential
uses on floors above the ground floor within the Downtown Development Area and Transitional Development Area of the
Central Business District; and
Follows:
Section I:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CiTY OF EAGLE, IDAHO, as
Eagle City Code Title 8 "Zoning" Chapter 2 "Zoning Districts and Map", Chapter 2 "Zoning Districts and
Map", Article A "DR Design Review Overlay District", Section 6 "Design Guidelines, Objectives and
Considerations", Subsection B "Downtown Development Area", Item 2c 'Other Floor Options" is amended
to add the underlined text as follows:
c. Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection B2b of this Section including residential use. Any use must meet the requirements set forth in
Section 8-2-3 of this Title except that apartments on floors other than the ground floor shall be a permitted
use. For the purposes of this Section a single apartment unit or multiple apartment units may be permitted.
Eagle City Code Title 8 "Zoning" Chapter 2 "Zoning Districts and Map", Article A "DR Design Review
Overlay District", Section 6 "Design Guidelines, Objectives and Considerations", Subsection C "Transi-
tional Development Area", Item 2c "Other Floor Options" is amended to add the underlined text as follows:
c. Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection C2b of this Section including residential use. Any use must meet the requirements set forth in
Section 8-2-3 of This Title except that apartments on floors other than the ground floor shall be a permitted
use. For the purposes of this Section a single apartment unit or multiple apartment units may be permitted.
Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A "DR Design Review
Overlay District", Section 6 "Design Guidelines, Objectives and Considerations", Subsection B "Downtown
Developme ca", Item ' amended to add the underlined text and remove the strike -through text as
follows:
f Lot coverage by the footprint of the structure shall he a minimum offorty percent (40%) and a maximum
of ninety five percent (95%) in which case off-site parking shall be provided for The lot coverage
requirement may he waived if development of the lot as a parking lot is reviewed by the Design Review
,,,,. e Board and is approved by the Thinning d,td Z,tdydx C i ...,:..,. Council. Furthermorethe
minimum lot coveraee requirement may he reduced by the Council for the purpose of prnvidine adequate
oite parkine in accordance with the provisions of this Title for structures that include residential uses on
floors other than the eround floor.
Eagle City Code Tide 8 'Zoning", Chapter 2 "Zoning Districts and Maps", Article A "DR Deign Review
Overlay District", Section 6 "Design Guidelines, Objectives and Considerations", Subsection C "Transi-
tional Development Area", Item 3f is amended to add the underlined text as fiollow.s:
f. Lot coverage by the footprint of the structure shall he a minimum of twenty percent (20%) and a
maximum of eighty five percent (85%) in which case off-site parking shall he provided for. The
minimum lot coveraee requirement may he reduced by the Council for the purpose of prnvidine
adequat•• •n -.site parkin 4; accordance with provisions of this Title for .structures that include residen-
tial us floors (, an the eround floor.
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.
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
50-901 A, Idaho Code, may be published.
DATED this 10th day of September, 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Mayor
ATTEST:
Sharon K. Moore, Eagle City Clerk Publish: October 15, 2002
Valley Times
PO Box 1790 Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: City of Eagle
Address: 310 E. State street
Eagle, Idaho 83616
Attention: Sharon Moore
RECEIVED & FILED
CiTY OF EAGLE
CCT 1 2002
File:_.
Identification: Ordinance No. 431
Run Dates: October 15, 2002
Number Lines 64 - 3 col. Amount: Jlp,j '
Other:
Geneva A. Trent, being duly swum, deposes
and says: That she is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity pfM9�' 5,
Star, and Eagle, and has been urinit '' p y
published in said County during a period of
seventy-eight consecutive weeks prior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
Idaho Code, as amended, for 1 time(s)
in the regular and en r i e of said paper, and
was printed in the ne4dbrit tit. proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning: /0 — /5—o_-'
:
Endin —
g Io i.5"
STATE OF IDAHO )
)SS
COUNTY OF ADA )_�/
On this% 7 day of1[iCA�I}�� in the year of 2002
before me, a Notary Public, personally appeared
Geneva A. Trent known or identified to me to be the person
whose name is subscribed to the within instrument,
and being by me first duly sworn, declared that the
statements herein are `yp,nd acknowledged to me that
she executed th .1/L1'l,
•'�`t E.
o••e
f
Notary j"'Ffob';-lid:
Residing *t:: "1"'! Base Idaho
• p
My Corri$iissfgn e41: ,.'$1/6/05
♦
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