Ordinance - 2002 - 422 - Amend Title 8 - 04/23/2002ORIGINAL
ORDINANCE NO. 422
AN ORDINANCE FOR THE CITY OF EAGLE, IDAHO, AMENDING EAGLE CITY CODE,
TITLE 8 "ZONING", SECTION 8-1-2 "RULES AND DEFINITIONS" AMENDING THE
"OPEN SPACE" DEFINITION AND ADDING DEFINITIONS FOR "RESTAURANT", "PAD -
MOUNTED MECHANICALS", AND "ROOF -MOUNTED MECHANICALS"; AMENDING
SECTION 8-2-3 TO ALLOW BANKS/FINANCIAL INSTITUTIONS (WITH DRIVE -UP
SERVICE) AS CONDITIONAL USES WITHIN THE C-3 ZONE; AMENDING SECTION 8-
2A-3 TO PROVIDE A DISCRETIONARY AUTHORITY CLAUSE; AMENDING SECTION 8-
2A-5 TO REQUIRE THE FINDING THAT DESIGN REVIEW APPLICATIONS MUST
COMPLY WITH THE CITY'S COMPREHENSIVE PLAN, AND MODIFYING THE DESIGN
REVIEW OVERLAY DISTRICTS AND MAP (EXHIBIT A-1), CREATING THE DSDA
NEW OVERLAY AREA; AMENDING SECTION 8-2A-6 A(5) ADDING SCREENING
REQUIREMENTS FOR ROOF -MOUNTED MECHANICALS; AMENDING SECTION 8-2A-6
(A)(6)(g) ADDING PAINTING REQUIREMENTS FOR ROOF -MOUNTED MECHANICALS,
VENTS, AND SIMILAR FEATURES; ADDING SECTION 8-2A-6 (E) PROVIDING
CRITERIA FOR THE DSDA OVERLAY AREA; AMENDING SECTION 8-2A-7 (H)
CHANGING THE TERM "BOND" TO "SURETY"; AMENDING SECTION 8-2A-10 (B)
REQUIRING PLANS FOR SCREENING ROOF -MOUNTED MECHANICALS; CHANGING
SECTION 8-2A-10 (C) TO 8-2A-10 (D) AND ADDING A NEW SUBSECTION (C) TO
REQUIRE ENGINEERED GRADING AND DRAINAGE PLANS; AMENDING SECTION 8-
2A-18 CHANGING THE TERMINOLOGY OF "BONDING" TO "SURETY"; AMENDING
SECTION 8-2A-19 (B); AMENDING SECTION 8-3-5 (Q) CHANGING THE TERM "BOND"
TO "SURETY"; AND AMENDING SECTION 8-3-6 (E) CHANGING THE CRITERIA FOR
"GUARANTEE OF IMPROVEMENTS"; AMENDING SECTION 8-4-4-2 (A) REQUIRING
THE ILLUMINATION OF ALL PARKING AREAS; AND PROVIDING AN EFI bCTIVE
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
Zoning Ordinance so as to preserve and enhance the beauty and livability of the City of Eagle;
and
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, of the Eagle City Code, be and is hereby amended,
in part, to read as follows:
8-1-2 OPEN SPACE: A common area platted as a separate lot, provided within a recorded
easement, or dedicated to and accepted by the City. The area shall be substantially open to the
sky, exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Flee
wWetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered
as a part of the minimum area of open space required.
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PAD -MOUNTED MECHANICALS: All mechanical and electrical equipment mounted on the
ground, including, but not limited to. transformers. compressors. generators. and other equipment
to establish a controlled interior environment. All pad -mounted mechanicals shall be screened,
from view.
RESTAURANT: Anv land, building or part thereof, other than a boarding house, where meals are,
provided for compensation, including, among others, such uses as cafe. cafeteria, coffee shop,
lunch room, tea room, and dining room.
ROOF -MOUNTED MECHANICALS: All eauipment mounted above the roof plane of a
building, including. but not limited to. heating and air conditioning eauipment, antennas, satellite
dishes. and other eauipment necessary to establish a controlled interior environment. All roof -
mounted mechanicals shall be screened from view.
Section 2: That Title 8, Chapter 2, Section 3, of the Eagle City Code, be and is hereby amended,
to read as follows.
LAND DISTRICTS
USES
A A -R R -E R L-0 C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU
Banks/ C P C C P
financial
institutions
(with drive -
up service)
Section 3: That Title 8, Chapter 2A, Section 3, Eagle City Code, be and is hereby amended, to
read as follows:
8-2A-3: EFFECT OF OTHER PROVISIONS: If any provision of this Chapter is found to be in
conflict with any other provision of any zoning, building, fire safety or health ordinance
or other provision of this Code, the provision which establishes the higher and/or more
restrictive design standard shall prevail. However, in order to foster rehabilitation of
older districts and comply with unforeseen future needs of the overlay districts, the City
Council may, at their discretion, suspend or relax some or all requirements found in this,
code. if the City Council determines a particular site. setting, or use to be of historical
significance.
Section 4: That Title 8, Chapter 2A, Section 5, of the Eagle City Code, be and is hereby amended
to read as follows:
8-2A-5: DESIGN REVIEW OVERLAY DISTRICTS AND MAP:
A. The DR Design Review Overlay District DR encompasses the entire City limits
including any land annexed into the City after adoption of this Ordinance.
B. Anv proposed development located within the DR Design Review Overlay District
shall be harmonious with and in accordance with the general obiectives or with any
specific obiective of the Comprehensive Plan.
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B. C. There are fi ee-(3) four (4) specifically defined areas of development within the
Design Review Overlay District. The general purpose of each of those areas are
described below. Any development which meets the criteria for design review, as set
forth in this Title, that is not within the specific areas described below, shall be
required to comply with the general requirements of this Title and not the specific
requirements for the DDA, TDA, and CEDA. and DSDA.
E. D.
1.
2.
3.
4.
Downtown Development Area — DDA: The purpose of the DDA is to
establish a distinct area regulated to fulfill the vision of the City
Comprehensive Plan and to provide for activities conducive to a compact
and concentrated downtown commercial center.
Transitional Development Area — TDA: The purpose of the TDA is to
provide areas for public parking and service to the DDA and serve as an
area for future expansion of the DDA as market demands grow.
Community Entry Development Area — CEDA : The purpose of the
CEDA is to fulfill the vision of the City Comprehensive Plan by providing
a sense of entry into Eagle and transitional development into the DDA.
Dunvon/State Development Area — DSDA: The purpose of the DSDA is
to allow unique regulations specific to this district to facilitate the
redevelopment of the area.
Where any parcel lies within more than one development area described above, the
entire parcel shall be considered to be within the development area with the more
restrictive requirements. However. the development of a parcel located within more
than one development area may be permitted using the criteria from each respective
district provided the Design Review Board determines that the more restrictive
criteria is not compromised and that the development is in harmony with the adjacent
Properties.
The DDA, TDA, and CEDA, and DSDA are delineated on the map (Exhibit A-1)
included as part of this Section, located at the end of this Article, and incorporated
herein by reference.
Section 5: That Title 8, Chapter 2A, Section 6 (A), of the Eagle City Code, be and is hereby
amended, to read as follows:
A. General Objectives And Considerations: The following apply to the entire Design
Review Overlay District including the DDA, TDA, and CEDA, and DSDA. Additional
requirements for the DDA, TDA, and CEDA, and DSDA are set forth in subsections B
through D of this Section and, to the extent there is a conflict with this Section, the
requirements for the DDA, TDA, and CEDA, and DSDA shall control. The following
contains a listing of objectives applied to each application, and a listing of matters which
shall be considered by the Design Review Board. The objectives are separated into two
(2) sections: site design and building design. Specific aspects of design should be
examined to determine whether the proposed development will provide a desirable
environment for its occupants as well as for its neighbors, and whether, aesthetically, the
composition, materials, textures and colors meet the intent of this Chapter. The Design
Review Board shall consider the following criteria in reviewing the application:
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Section 6: That Title 8, Chapter 2A, Section 6 (A)(5), of the Eagle City Code, be and is hereby
amended, to read as follows:
5. Utilities: Utility service systems shall not detract from building or site design and that size and
location of all service systems are appropriate and maintainable.
a. Electrical and telephone service systems shall be installed underground;
b. The location, and design, of transformers1 and pad -mount and roof -mounted
mechanicals and electrical equipment shall be reviewed and approved bv the Design
Review Board. All roof -mounted mechanicals shall be completely screened from
view through the use of a Parapet wall when utilizing a flat roof design or shall be
enclosed within the building when utilizing a roof design other than a flat roof.
Screened from view shall mean "not visible" at the same level or elevation of the
parapet wall (e.g. the perspective generally as shown on an elevation plan).
c. The location and sizes of all utility lines, manholes, poles, underground cables, gas
lines, wells, and similar installations;
d. The continued maintenance of these service systems.
Section 7: That Title 8, Chapter 2A, Section 6 (A)(6)(g), of the Eagle City Code, be and is
hereby amended, to read as follows:
g. Colors:
(1) Earthen tones are encouraged.
(2) Flat or low -gloss finishes are encouraged.
(3) Roof-tepmounted mechanicals heating -1..y1 Kir c , large all
vents protruding through the roof, staeks and similar features, if tia , wil
shall be painted so as to match the color of the roof.
(4) Exposed metal flashing or trim will be anodized or painted to blend with the
exterior colors of the building.
Section 8: That Title 8, Chapter 2A, Section 6 (E), of the Eagle City Code, be and is hereby
added, to read as follows:
(E) Dunvon/State Development Area: DSDA shown on Exhibit A-1 which is incorporated herein
bv reference as part of this Article.
1.Purpose: To improve the livability. desirability, and character of the Dunvon/State area and
to encourage new development bv providing uniaue regulations specific to this district.
2. Setbacks And Site Design:
1. Front and Rear building setbacks from the property line shall be fifteen feet (15')
minimum.
2. Side building setbacks shall be five feet (511 minimum.
3. Front and rear setbacks shall be for pedestrian amenities and the City encourages
joint efforts between adjoining property owners. Suggested amenities include: public
art, landscape treatment, seating, flower/shrubs/all tree displays in movable planters,
outdoor dining, plazas. streetscape extension and bike racks.
4. Site and Landscape Design: At the discretion of the Design Review Board the
following may be considered when the Board finds that the site has been designed in
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harmony with the Design Guidelines, Objectives and Considerations noted within
Section 8-2A-6 (A) of this Chanter.
a. Interior and perimeter narking lot landscape area dimensions mav be reduced.
b. The minimum reauired landscaping between the building and the property line
may be reduced when the Design Review Board fmds that the building's design
style and architecture serves as an appropriate buffer to the adjacent property.
c. Screen and/or perimeter fencing utilizing chain link with vision slats mav be
considered. Perimeter fencing facing the public street is prohibited. Barbwire
and/or razor ribbon/wire located on top of the chain link fence is prohibited.
Section 9: That Title 8, Chapter 2A, Section 7, (H)(1), of the Eagle City Code, be and is hereby
added, to read as follows:
H. Completion Time:
1. The Zoning Administrator may authorize a delay in the completion of
planting during the months of Oetelef, November, December, January, February,
and March due to weather conditions, if a bend surety for one hundred fifty
percent (150%) of the cost of installation is provided to the City.
Section 10: That Title 8, Chapter 2A, Section 10 (B), of the Eagle City Code, be and is hereby
amended to read as follows:
B. Architectural Plans Showing:
1. Building materials;
2. Four (4) elevations to include all sides of development. Perspectives, models or other
suitable graphic materials may be submitted at the option of the applicant and if
determined by the Zoning Administrator;
3. Proposed color schemes of entire building, including roof;
4. Site photographs (snapshots) of the site itself and adjacent properties to intersections;
5. Color and texture chips of actual samples of materials may be submitted at the option
of the applicant and as may be required by the Zoning Administrator;
6. Scale drawings of all signs showing size, material, text or other graphic symbols,
colors and illumination-; and
7. Scale drawings showing the placement and size of all roof -mounted mechanicals and
the screening of such eauinment bv a parapet wall or within the roof system.
Section 11: That Title 8, Chapter 2A, Sections 10 (C) and (D), of the Eagle City Code, be and is
hereby amended to read as follows:
C. Engineered Grading and Drainage Plans:
1. A generalized drainage plan showing direction drainage with proposed on-site
retention.
2. Upon submittal of building/construction plans for an approved design review
application, a detailed site grading and drainage plan, prepared bv a registered
professional engineer (P.E.I shall be submitted to the City for review and approval bv the
City Engineer.
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E D. Existing Structures And Sites: Applications involving conversion, remodeling, restoration,
renovation, enlargement, or expansion of existing structures or sites shall contain information
sufficient in content and detail so that the Design Review Board and/or Zoning Administrator
may be assured the applicant complies with the provisions of this Chapter.
Section 12: That Title 8, Chapter 2A, Section 18, of the Eagle City Code, be and is hereby
amended, to read as follows:
8-2A-18: BONDING SURETIES:
Prior to the issuance of a temporary certificate of occupancy, a bend surety in the form of an
irrevocable letter of credit, certificate of deposit, or cash approved
the City Attorney, in the amount equal to one hundred fifty percent (150%) of the estimated
construction costs of site improvements, landscaping and irrigation shall be provided by the
owner/developer and held by the City until said construction, landscaping and irrigation is
complete. Construction cost estimates shall be reviewed and approved by the City Zoning
Administrator prior to City acceptance of said surety. The surety initiation and extension fees
shall be established by Resolution of the City Council. No fmal certificate of occupancy shall be
issued until the required construction, landscaping and irrigation is complete riper pursuant to
Section 8-2A-19 of this Article.
Section 13: That Title 8, Chapter 2A, Section 19 (B), of the Eagle City Code, be and is hereby
amended, to read as follows:
B. Certificate Of Occupancy: The Building Inspector shall not issue a final certificate of
occupancy to the applicant until all of the requirements of the design review applications,
as approved by the Design Review Board P1ai ring : r.0 7_...cxxg-Ce iert, have been
complied with.
Section 14: That Title 8, Chapter 3, Section 5 (Q), of the Eagle City Code, be and is hereby
amended, to read as follows:
Q. Sanitary Landfill:
2. Will provide a laid surety, for privately owned sites, to insure compliance with the
provisions of the zoning certificate;
Section 15: That Title 8, Chapter 3, Section 6 (E), of the Eagle City Code, be and is hereby
amended, to read as follows:
E. Guarantee Of Improvements:
2. In lieu of the actual installation of street lights, street trees, tree wells and irrigation, the City
Council may permit the applicant to provide a financial guarantee of perform ce bond or
surety in the form of a letter of credit, certificate of deposit, or cash which shall be in an
amount equal to one hundred test fifty percent (�10 150%) of the total estimated cost for
completing construction of the specified improvements, to be held in trust by the City, as
estimated by the City Engineer, and shall be with a surety company authorized to do business
in the State of Idaho.
Section 16: That Title 8, Chapter 4, Section 4-2 (A), of the Eagle City Code, be and is hereby
amended, to read as follows:
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A. Site Lighting:
1. Any All parking areas . _ shall be
illuminated in accordance with the provisions of this Chanter.
Section 17: EF ECTIVE DATE: 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.
Adopted by the Eagle City Council, Eagle, Idaho, this 23rd day of April, 2002.
CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirr
Mayor
ATTEST:
Sharon R. Moore,
City Clerk/Treasurer
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Page 7 of 7
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waix
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'1 • wn Development Ami
Transitional Development Area
(TDA)
ACommunity En ' Development Area
. , (CEDA)
J Conceptual Location of Public
Gathering Place
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D onyon/State Devel
(®SDA)
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Statement
Exh b t A=
NORTH
The Idaho
Statesman
RECEIVED & FILED
CITY OF EAGLE
P.O. Box 40, Boise, Idaho 83707-0040 MAY 0 9 2002
LEGAL ADVERTISING PROOF OF PUBLICATIC
Account # DTI# Jdentificatiort
116026 654359
Attention Lai
TRACY
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
ORDINANCE 422
Run Datea
MAY 7 2002
(Number of Linea
Affidavit
1
i
$721.13
176 X 4
luau
13403
JANICE HILDRETH, being duly sworn, deposes and says: That
she is the Principal Clerk of The Idaho Statesman, a daily
newspaper printed and published at Boise, 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:
ONE
[1consecutive weekly
consecutive daily
insertion(s)
beginning issue of:
ending issue of:
X
single
odd skip
MAY 7 , 2002
MAY 7 , 2002
STATE OF IDAHO
.SS
COUNTY OF ADA )
On this 8 day of MAY in the year of 2002
before me, a Notary Public, personally appeared before me
Janice Hildreth known or identified to me to be the person
,,,,aa,eoe0000s•4 whose name subscribed to the within instrument, and being
e
,,IAURp • by me first duly sworn, declared that the statements therein
4°4"46.0...,..�o'Oooo aje true, and acknowledged to me that she executed the same.
•
•
o
\yOTAlty ° •
'4=s�r T.•P ® 1G o Notary Public for Id
%1. U •B % ° 0R, i
° ding at: Emmett, daho
'# Jj, °1°°°°p° �:Ay Commission expires: ( 1 iQ 10y
c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations;
d. The continued maintenance of these service systems.
Section 7: That Title 8, Chapter 2A, Section 6 (AX6Xg), of the Eagle City Code, be and is hereby amended, to read as follows:
g. Colors:
(1) Earthen tones are encouraged.
(2) Flat or low -gloss finishes are encouraged.
•(3) Roofdopmnunted mer:haninals : vents protruding through the rnnf, stacks and similar features, ' be painted so as to
patch the color of the roof.
(4) Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building.
Section 8: That Title 8, Chapter 2A, Section 6 (E), of the Eagle C' Code, be and is hereby added, to read as follows:
T D i •n - - 1-v- •,i elk Ar•.: D 1„ • on . 131u l ' . i isi • •. - -• i rp b re spa
o - Appppp 1• t ".all i+ •7117111 is •n1 c aracter o I e lu y. rte area aridtri 4tlydr eW development v Providing unique regulations specific to this district.
ehacks I(Qug 1 rgn
a d ear •ui di g �7ck from the property line shall be fifteen feet 115'1 minimum
i t II. - jie �g feet 5) minimum
s. more �(•� r ar • . s i .. be o . ece I amen' • - . n. ti - Ca e i co ace ' •int efforts between adioining o - qi lrty a ers. Suggested amenities include: public art. landscape
'-U'l X1'1 : ..er h •s 17-. •asnmova•-••ilF�(Titl i- •... ]'e a,--xe ifta bIPrat
l - an. -1. spa. a 1- i • . t 1 e iscretion • tri!- r: ' v)p ff ar {1 p A rlyinnia may • e co a tie o • rd f ds th • .� - site has been designed in harmony with the
resign tope in S. 1 .lectwen ddton iderations not- • 1 Hl -ction J %( of i is Chapter.
a.ljjterior and perimeter parking lot; landscape area •irfe shins •av be r-1uc�d
hh e min �J{� required Iandscaeing between the tui ( and Me property line may be reduced when the Design Review Board finds that the building's design style and architecture
enves as an b irGorate buffer to the adjlacent prop riy.
c. Screen andel qr rine-er fencing uti-liz n etain_l'ink with vision slats may be considered. Perimeter fencing facing the public street is erohibited. Barbwire and/or razor ribbon/wire
K.ated on 'inn of the chain ink ep is prohibiter .
Section 9: That Trite 8, Chapter 2A, Section 7, (H)(1), of the Eagle City Code, be and is hereby added, to read as follows:
H. Completion Time:
The Zoning Administrator may authorize a delay in the completion of
ranting during the months of -October, November, December, January, February, and March due to weather conditions, if a -bend surety for one hundred fifty percent (150%) of the cost of
istallation is provided to the City.
Section 10: That Title 8, Chapter 2A, Section 10 (B), of the Eagle City Code, be and is hereby amended to read as follows:
B. Architectural Plans Showing:
1. Building materials;
2. Four (4) elevations to include all sides of development. Perspectives, models or other suitable graphic materials may be submitted at the option of the applicant and if determined by
he Zoning Administrator;
3. Proposed color schemes of entire building, including roof;
4. Site photographs (snapshots) of the site itself and adjacent properties to intersections;
5. Color and texture chips of actual samples of materials may be submitted at the option of the applicant and as may be required by the Zoning Administrator;
6. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and illumination.; and
7. Scale drawings showing the placement and siip of all roof mounted mechanicals and the screening of such equipment by a parapet wall nr within the roof system
Section 11: That Title 8, Chapter 2A Sections 10 (C) and (D), of the Eagle City Code, be and is hereby amended to read as follows:
C. Engineered Grading and Drainage dans:
LEGAL NOTICE
ORDINANCE NO. 422
N ORDINANCE FOR THE CITY OF EAGLE, IDAHO AMENDING EAGLE CiTY CODE
E 8 "ZONING" SECTION 8-1-2 'RULES AND DEFINMONS" AMENDING THE "OPEN SPACE" DEFINITION AND ADDING DEF)NRIONS FOR "RESTAURANT" "PAD-
IOIRf ED MECHANICALS" AND "ROOF -MOUNTED MECHANICALS"; AMENDING SECTION 8-2-3 TO ALLOW BANKS/FINANCIAL INSTITUTIONS (WITH DRIVE -UP SERVICE) CONDITIONAL USES WITHIN THE C-3 ZONE; AMENDING SECTION 8-2A-3 TO PROVIDE A DISCRETIONARY AUTHORITY CLAUSE AMENID NG SECTION 8-2A-5 TO
EQUIRE THE FINDING THAT DESIGN REVIEW APPLICATIONS MUST COMPLY WITH THE CITY'S COMPREHENSIVE PLAN AND MODIFYING THE DESIGN REVIEW OVERLAY
IISTRICTS AND MAP (EXHIBIT A-1 CREATING THE DSDA NEW OVERLAY AREA, AMENDING SECTION 8-2A-6 A15)ADDING SCREENING REQUIREMENTS FOR ROOF-
IOUNTED MECHANICALS; AMENDING SECTION 8-2A-6 (AH6)-(g)) THE
PAINTING RETIREMENTS FOR ROOF-MONTED MECHANICALS VENTS, AND SIMILAR FEA-
URES' ADDING SECTION 8-2A-6 E PROVIDING CRITERIA FOR TFHE DSDA OVERLAY AR AMENDING SECTION 8-2A-7 (H)CHANGING THE BERM "BOND" TO "SURETY"'
MENDINGASMECJ1ON 8 -2A -101)W SUBSECTION (C) TO RE REQUIRING PLANS FOR SCREENING ROOOF-MOUNTED MECHANICALS CHANGING SECTION 8-2A-10 (C)TO 8-2A-10 ID)AND ADDING tI
OF *BONDING* TO
SHEU E Y" AM FOR NDIIN"GUARANTEE ��MP(BO�END DINNGG SECTION
DRAINAGEING AND ()NCH NG { TTH) EQR NGO HDE" TO "SURETY";
OFALLAMENDINGGING THE Rol NY 3 -ND E) CHANGING
FFECTIVE 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, Tide 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 Zoning Ordinance so as to preserve and enhance the beauty and livability of the City of
agle and
IOW, 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, of the Eagle City Code, be and is hereby amended, in part, to read as follows:
8-1-2 OPEN SPACE: A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the City. The area shall be substantial=
le sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a useable and convenient amenity to any proposed development.
reas,-*Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required.
amu.*moi D ;,E a i . . d • • 1 i a eQu meI]t mourte Qr� the_ including; but not lmitP,r1 to. transformers. compressors. generators, and other
.E11•1 o - 7: • s contro -1 interlQr envjronmfrlt. qa• art e�pfieGhanicals Pall be s reene role vjew,
d, bui ding •r part t1 reof. other than a arng house, ere meas are provided for comoensagn. including, among others. such uses as cafe. cafete
•ln. hitt 1 109 u r•a .oi ,i• i is 1 i •
I+ i 4
1". * a•► F; I eq�1i�rrler1 mR�u1 e r of n a I pplV/i( Int Um ., : i:-• a'r co n d e
es. an• o 1 er eauipmel necessary to establisi a contra le iateerior environment, roof-mountedmecfl'drifc�1fl l! •e screener am view
Section 2: That Tide. 8, Chapter 2, Section 3, of the Eagle City Code, be and is hereby amended, to read as follows.
• LAND USE'
•l11 _ .1 '11
DISTRICTS
Banks A A -R R -E R L-0 C -A C-1 C-22 C-3 CBD M-1 M -1A M-2 M-3 PS MU
C
financial
institutions
(with drive -up
service)
Section 3: That Title 8 Chapter 2A Section 3 Eagle City Code be and is hereby amended, to read as follows:
8-2A-3: EFFECT OF OTHER PROVISIONS: If any rovision of this Chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or
ther provision of this Code, the provision which establishes the higher and/or, more restrictive des(_ n standard shall prevail. ... - 1 .- • • l• - 1 . • it 11. ,, II • I' ••at111 .It
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Section 4: That Title 8, Chapter 2A, Section 5 of the Eagle ity Code, be and is hereby amended to read as follows:
8-2A-5: DESIGN REVIEW OVERLAY DISTRICTS AND MAP:
A. TheDE Design Review Overlay District -BR encompasses the entire City limits including any land annexed into the City after adoption of this Ordinance.
B; Any proposed dey looment located within the DR Desien Review Overlay District shall be harmonious with and in accordance with the general obiectives or with any specific obiective
the Comorehensrve Plan.
8..C. There are -three -e) four (4) specifically defined areas of development within the Design Review Overlay District. The general purpose of each of those areas are described below.
ny development which meets the criteria for design review, as set forth in this Title, that is not within the specific areas described below, shall be required to comply with the general
equirements of this Title and not the specific requirements for the DDA, TDA, and CEDA, and_DSDA.
1. Downtown Development Area - DDA: The purpose of the DDA is to establish a distinct area regulated to fulfill the vision of the City Comprehensive Plan and to provide for activities
onducive to a compact and concentrated downtown commercial center.
2. Transitional Development Area - TDA: The purpose of the TDA is to provide areas for public parking and service to the DDA and serve as an area for future expansion of the DDA as
larket demands grow.
3. Community Entry Development Area - CEDA : The purpose of the CEDA is to fulfill the vision of the City Comprehensive Plan by providing a sense of entry into Eagle and transitional
:evelopment into the DDA.
4. Dunvon/State D veloomant Area - DSDA: Thp ni rouse of the DSDA ij tq allpw unique regulations sneci1 p to this ist to f cil' thp redpvelpoment of the ar
Where any parcel hes within more than one development area described above, the entire parcel shall be considered to be within the evelopment area with the more restrictive
equirements. '
!eview Bnard determines that the mnre restririrve criteria is not rnmprnmiked and that the development is in harmnny with the adjar.Pnt prnperties.
The DDA, TDA -and CEDA, and DSDA are delineated on the map (Exhibit A-1) included as part of this Section, located at the end of this Article, and incorporated herein by
eference.
Section 5: That Title 8, Chapter 2A, Section 6 (A), of the Eagle City Code, be and is hereby amended, to read as follows:
A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA, and CEDA, and DSDA. Additional requirements for the
IDA, TDA, -and- CEDA, and.DSDA are set forth in subsections B through D of this Section and, to the extent there is a conflict with this Section, the requirements for the DDA TDA, -and
iEDA,.and..DSDA shall control. The following contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the Design Review Board. The
ib'ectives are separated into two (2) sections: site design and building design Specific aspects of design should be examined to determine whether the proposed development will provide
desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this Chapter. The Design
review Board shall consider the following criteria in reviewing the application:
Section 6: That Title 8, Chapter 2A, Section 6 (AX5), of the Eagle City Code, be and is hereby amended, to read as follows:
5. Utilities: Utility service systems shall not detract from building or site design and that size and location of all service systems are appropriate and maintainable.
a. Electrical and telephone service systems shall be installed underground;
b. The location, and design, of transformers,_and pad -mount and roof-rnountert mechanicats_and electrical equipment shall be reviewed and approved by the Design Review Board All
ruuf-mnunted merhanicals shall he cnmpletely screened from view through the use nf a parapet wall when iitili7ing a flat rnnf design nr shall hp Pnrinsed within the building when utili,in8 a
n
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C. Eggieeered Czr•ding and Dra(rage Plans;
genera (zed .ra nag g • la slowing direc son d ainage with rir • p •sed on -state rete on•
• • i • 11 it • • •p lin: c. s i. i . • 1 •r . - :li - /'>g_apiLicatran a detailed site grading and drainage plan. prepared by a registered professional engineer
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-4., Existing Structures And Sites: Applications involving conversion remodeling, restoration, renovation, enlargement, or expansion of existing structures or sites shall contain
(formation sufficient in content and detail so that the Design Review Board and/or Zoning Administrator may be assured the applicant complies with the provisions of this Chapter.
Section 12: That Title �8��� �Ch�appt�er 2A, Section 18, of the Eagle City Code, be and is hereby amended, to read as follows:
8-2A-18: -BONDING ±i1iBIDES•
riorfo the issuance ofatemporary certificate of occupanccy,-a-bend-surety in the fnrm of an irrevncahle letter of credit certificate of de nsit, nr caeh
1. ` e- Attorn,, in the amount equal q to one hundred fitly percent (150%) of the estimated construction costs of site improvements, landscaping and irritation shall be provided by the
wner/developer and held by the City until said construction, landscaping and irrigation is complete.
mippiytraj' J p/,Ipl to City cc t q of said sure The surely initiation and rsj fee she I p yr njshe by Resolution of the City Council. No final certificate of occupancy sha
istued trftil tIfe requiredacone n, landscaping and irrigation is complete lirsu nt to Sdctibif 8-2A-19 of this Article.
Section 13: That Tide 8, Chapter 2A, Section 19 (B), of the Eagle City Code, be and is hereby amended, to read as follows:
B. Certificate Of Occupancy: The Building Inspector shall not issue a final certificate of occupancy to the applicant until all of the requirements of the design review applications, as
pproved by the Design Review Roardhave been complied with.
Section 14: That Title 8, Chapter 3, Section 5 (Q), of the Eagle City Code, be and is hereby amended, to read as follows:
Q. Sanitary Landfill:
2. Will provide a-bontsucel for privately owned sites to insure compliance with the provisions of the zoning certificate;
Section 15: That Tide 8, Chapter 3, Section 6 (E), of the Eagle City Code, be and is hereby amended, to read as follows:
E. Guarantee Of Improvements:
2. In lieu of the actual installation of street ti: hts,-street trees,_trea wells and irrigation, the City Council may permit the ap licant to provide a financial guarantee•of-perforiman r
• , '. n • • iii 1 . - . • 1 -1• - I.1 .1 - 1 • • I . i which shall be in an amount equal to one hundr percent ino_15.0%) of the total estimated cost for
omp eting construction o 1 e spec el improvements, to • e e • in trust by the City, as estimated by the City Engineer, and shall a with a surety company authorized to do business in
ie State of Idaho.
Section 16: That Tide 8, Chapter 4, Section 4-2 (A), of the Eagle City Code, be and is hereby amended, to read as follows:
A. �Sitqe Li 'ng:
Septiparking areas - • ' - , _ - - - _ _ - shall be illuminated in arrnrdanre with the provisions nf this Chapter.
on 17: EFFECTIVE DATE: 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
Ike effect immediate upon its passage, approval and publication.
Adopted by the Eagle City Council, Eagle, Idaho, this 23rd day of April, 2002.
CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Mayor
ATTEST: Sharon K. Moore,
-City Clerk/Treasurer
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tib Mav 7. 2002
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