Ordinance - 2001 - 384 - Amend Title 8 - 03/06/2001ORISINAL
ORDINANCE #384
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE
CITY CODE TITLE 8 "ZONING", CHAPTER 6 "PLANNED UNIT DEVELOPMENTS",
SECTION 5 "SI'Z'E AND STRUCTURE REGULATIONS AND REQUIREMENTS",
SUBSECTION 4 "INCREASED RESIDENTIAL DENSITY", AND CHAPTER 2 "ZONING
DISTRICTS AND MAPS", SECTION 4 "SCHEDULE OF BUILDING HEIGHT AND LOT
AREA REGULATIONS", PARAGRAPH G; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Eagle 2000 Comprehensive Plan Chapter 6, "Land Use". Section 7
Implementation, Item (P) states, "Encourage a variety of housing through such mechanisms as
PUD's in subdivisions including large lot subdivisions.
WHEREAS, the Eagle City Code Title 8 "Zoning", Chapter 6 "Planned Unit
Developments", Section 1 Paragraph A "Purpose" states, "It shall be the policy to guide a major
development of land and construction by encouraging planned unit development (PUD) to
achieve the following: (A) A maximum choice of living environments by allowing a variety of
housing and building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements"; and the City of Eagle desires to
provide for an incentive for developing housing for "older persons".
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Title 8 "Zoning", Chapter 6 "Planned Unit Developments",
Section 5 "Site and Structure Regulations and Requirements", Subsection 4 "Increased
Residential Density" is amended as follows:
8-6-5-4: INCREASED RESIDENTIAL DENSITY:
A. To provide for an incentive for quality PUD, the Council may authorize an
increased residential density of up to fifteen percent (15%) of the allowable
number of dwelling units. Character, identity and architectural and siting variation
incorporated in a development shall be considered cause for density increases,
provided these factors make up a substantial contribution to the objectives of the
PUD, which are as follows:
1. Landscaping (a maximum increase of five percent [5%]), streetscape, open spaces and
plazas, use of existing landscaping, pedestrianway treatment and recreational areas;
2. Siting (a maximum increase of five percent [5%]), visual focal points, use of existing
physical features such as topography, view, sun and wind orientation, circulation
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pattern, physical environment, variation in building setbacks and building grouping
(such as clustering); and
3. Design features (a maximum increase of five percent [5%]), street sections,
architectural styles, harmonious use of materials, parking areas broken by landscaping
features and varied use of housing types.
NOTE: The 15% density bonus shall not apply to the housing for "older persons" portion
of a PUD which qualifies for the following density bonus provided for within Section 8-
6-5-4 (B).
B. 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 3 dwelling units per gross acre within any zoning
designation which limits density to less than three 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 multifamily 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 Eagle City
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.
The following site criteria must be met in order to consider approval of the density
increase for the community for "older persons":
1. The land area for the community 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 80
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"
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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 as 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 Title 8 or Title 9 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 requirement 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 (1) five thousand (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&R's.
Section 2: Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps",
Section 4 "Schedule of Building Height and Lot Area Regulations", Paragraph G, is amended as
follows:
8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS
G: A decrease of minimum lot size in a subdivision may be allowed if there is an
offsetting increase of the same square footage in open space and a planned unit
development is applied for and approved.
Section 3: 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.
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Section 4: 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.
Approved and adopted this 011 day of March, 2001.
Mayor Rick Y gu rre
ATTEST:
Sharon Moore, Eagle City Clerk
STATE OF IDAHO )
ss.
County of Ada )
On this day of Alairi7 , 2001, before me, the undersigned, a Notary Public in and for
said State, personally appeared RICK YZAGUIRRE AND SHARON MOORE, known to me to
be the MAYOR and CITY CLERK of said municipal corporation that executed this instrument
and the persons who executed the said instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
zzeQZ
(racy Os , rotary Public
CMyResiding: 60V, 76---
My
Commission Expires: p-47/3/9,;/--
Page
-ldL
Page 4 of 4
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The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
RECEIVED TY OF AGLFILED
OCT 242001
File:
LEGAL ADVERTISING PROOF OF PUBLICATION Route tn•
Account # DTI# Identification
116026
Ordered by:
Amount:
547312 ORDINANCE 384 $250.38
TRACY OSBORN
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
P.O. # Rate
��.•`'�, BRIG''•.
p +01" ).
: NIP *
lit*PUO o
,,,�,1 PE SOF ± O �•t.
NT
Run Dates
October 22, 2001
Number of Lines
92 X 3
Affidavit
1
Legal #
11773
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
consecutive weekly
[7 consecutive daily
insertion(s)
beginning with the issue of:
and ending with the issue of:
X
single
odd skip
OCTOBER 22 , 2001
OCTOBER 22 , 2001
STATE OF IDAHO
)ss
COUNTY OF ADA
On this 22 day of OCTOBER in the year of 2001
before me, a Notary Public, personally appeared before me Janice Hildreth
known or identified to me to be the person whose name subscribed to the
within instrument, and being by me first duly sworn, declared that the state-
ments therein are true, and acknowledged to me that she executed the same.
Notary Public for Idaho
Residing at: Boise, Idaho
My Commission expires:
0/2,)
aic
LEGAL NOTICE
ORDINANCE #384
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 6
"PLANNED UNIT INCREASED RESIDENTIAL DENSITY",EDEVELOPMENTS"
CHAPTECTION 5 R AND
ZON NG DISTRICTS AND �MAPS"ONS ,SECTIOD N 4E SCHEDULE OF BUILDING
HEIGHT AND LOT AREA REGULATIONS", PARAGRAPH G; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
WHEREAS, the Eagle 2000 Comprehensive Plan Chapter 6, "Land Use". Section 7 DATE.
Implementation, Item (P) states, "Encourage a variety
of housing through such mechanisms as PUD's in subdivisions including Targe lot subdivisions.
WHEREAS, the Eagle City Code Title 8 "Zoning", Chapter 6 "Planned Unit Developments", Section 1 Paragraph A "Purpose" states, "It
shall be the policy to guide a major development of land and construction by encouraging planned
unit development (PUD) to achieve the
and
es and
ermitting an increased
following:
A maximum choice of it by
housing ppdensity. per ace and a reduction n of dimensions, yards, building setbacks and araeqaents"; and the City of Eagle desires
to provide
for an incentive for developing housing for "older persons".
THEREFORE, BE. IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Title 8 "Zoning",Chapter 6 "Planned Unit Developments", Section 5 "Site and Structure Regulations and
Requirements", Subsection 4 Increased Residetial Density" is amended as follows:
8-6-5-4: INCREASED RESIDENTIAL DENSITY: to
aA.llowable ablevnumbea of incentive
ling units. Character, identity ncil andaarrcchiitecturrize aincreased
a d siting residential
an tion density
inftaedevelopment shall thee
considered cause for density increases, provided these factors make up a substantial contribution to the objectives of the PUD, which are
as follows:
1. Landscaping (a maximum increase of five percent (5%)), streetscape, open spaces and plazas, use of existing landscaping, pedestrian -
way treatment and recreational areas;
2. Siting (a maximum increase of five percent [5%1), visual focal points, use of existing physical features such as topography,. view, sun
and wind orientation, circulation pattern, physical environment variation in building setbacks and building grouping (such as clustering); and
3. Design features (a maximum increase of five percent (5%)), street sections, architectural styles, harmonious use of materials, parking
areas broken by landscaping features and varied use of housing types.
NOTE: The 15% density bonus shall not apply to the housing for "older persons" portion of a PUD which qualifies for the following density
bonus provided for within Section 8-6-54 (B).
B. 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 bbge included within lower density residential PUDs the Council may authorize an increased residentiaunits l density
to allow a maximum of 3
acre specifically and solely for anunits y pr ortion oross fra PUDe plan nned for ga community for "nabon whicholder pes rsons". Such a deto less than nsity dwellingree easshall not
be permitted in an A or A -R zoning designation.
Character, identity,. landscaping and architecturaVsiting variation are to be incorporated into any community for "older persons". The
community may consist of single family,, two family or multifamily 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
ube nit if proposefor d by.thedeveloper and approvedse. The zero lot by (ine the City.l Howe However, thment shallallow
exterior side walls off and/or rear all residential buildingsyard
shall abut residential
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 Eagle City 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
The following site critena must be met in order to consider approval of the density increase for the community for "older required by the City.
persons":
1. The land area for the community for "older persons" shall not encompass a land area exceeding sixteen percent (16%)
of the total land
area within the entre Planned Unit Development;
2. The total land area of the entire Planned Unit Development shall be a minimum of 80 acres;
3. Thee entire PUD shall be served by either a municipal or community water and sewer system;
R4. Any limitations egulations, and must specifically be I n accordance
s with the Federal the Fairr lder Housing Acts revisedsons" must be iin 1999 or anwith
frevision therreof!
"Older persons" shall be as 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 Title 8 or Title 9 conflict or overlap this section
a. If the residential lots (not including the community for "older persons" portion of the PUD) meet the minimum lot size requirement control):
or are
reduced below the minimum lot size requirement such that no residential lot is less than one acre in size the entire PUD shall consist of a
b. tf the residential lots (not including the community for "older persons" portion of the PUD) are reduced below the minimum lot size
minimum of twenty percent (20%) of open space.
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 (1) five thousand (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' -•.,,AFF
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 o
the homeowners association and so noted in the CC&R's.
Section 2: Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 4 "Schedule of Building Height and Lot Area . eJ i~ ;�
Regulations", Paragraph G, is amended as follows:
'T
8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS 0 ;,
G: A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square footage in oper
space and a planned unit development is applied for and approved.
Section 3: 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 4: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu 1, ,..
ofublication of the entire ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
proved and adopted this 6th day of March, 2001.
ayor Rick Yzaguirre
ATTEST: Sharon Moore, Eagle City Clerk
PUB. OCT 97 2nni