Ordinance - 2002 - 381 - Creation Of A Tree Fund - 01/08/2002ORDINANCE NO. 381
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 8,
CHAPTER 2A OF THE EAGLE CITY CODE, BY ADDIDING SECTION 7-0-3, PROVIDING
FOR THE CREATION OF A TREE FUND TO BE USED AS AN ALTERNATIVE METHOD OF
COMPLIANCE WITH REGARD TO THE RETENTION AND REPLACEMENT OF EXISTING
TREES; AND ESTABLISHING 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 Zoning Ordinance.
WHEREAS, the City wishes to provide Alternative Methods of Compliance with
landscaping and buffer requirements contained in Title 8 of the City Code; and
WHEREAS, the Comprehensive Plan of the City of Eagle contains a Tree Plan at Section
12.5 that requires the City to provide for the care and maintenance of trees; and
WHEREAS, the establishment of a Tree Fund will serve as an Alternative Method of
Compliance and provide the means to purchase, care for and maintain trees on City property;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho;
Section 1:
That the Eagle City Clerk/Treasurer hereby take action to create a Tree Fund by
identifying and segregating funds allocated to the City and designated for landscaping
expenses and tree purchases. The City Council shall approve disbursement of funds
from the Tree Fund account for general landscaping, tree planting and other purposes
related to the beautification of City property, including but not limited to public
parks.
Section 2: That Title 8, Chapter 2A, Section 7 of the Eagle City Code be, and
the same is hereby amended with underline text being added to read as follows:
0. Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to
inhibit creative solutions to land -use problems. Under certain site conditions,
a strict interpretation of requirements may be either physically impossible or
Page 1 of 3
\\EAGLENTI\CO1v MOMPlanning Dept\Eagle Applications \ZOA\2001\ZOA-7-01 ord cc versioadoc
Section 3:
impractical. Alternative compliance is a procedure that allows certain
modifications to existing regulations within this Section. Requests for use of
alternative landscaping schemes are justified only when one or more of the
following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that
full compliance is impossible or impractical;
c. Due to a change of use of an existing site, the required bufferyard
is larger than can be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must
provide the City with a written request if an alternative method of compliance
is proposed. The request shall state which requirement as set forth within this
Section is to be modified, what project conditions stated within subsection 1
of this Section justify using the proposed alternative, and how the proposed
alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for
relief from regulations that require all existing trees to remain on-site may
elect to make a financial contribution to the Eagle City Tree Fund in -lieu of
retaining all trees on-site. The condition(s) which warrants the need for the
Tree Fund alternate method of compliance shall be specified in the
application submitted under Section 7-0-2 above. If the application is
approved, the amount to be contributed bv the applicant will be based upon
the total caliper inches of deciduous tree(s) removed from the site and the
total vertical feet of coniferous trees removed from the site. Cost per caliper
inch for deciduous trees and cost per vertical foot for coniferous trees shall
be determined bv Resolution of the City Council. The applicant shall have
the right to review and consider the value determination, and following said
review, to reapply for other alternative methods of compliance, without
prejudice, in accordance with Section 7-0-2 above.
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 2 of 3
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DATED this 8th day of January, 2002.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
�.� K e
Sharon . Moore,
City Clerk/Treasurer
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Page 3 of 3
\\EAGLENTI\COMMON\Planning Dept\Eagle Applications\ZOA\2001\ZOA-7.01 ord cc versioo.doc
The Idaho
Statesman
RECEIVED & FILED
CITY OF EAGLE
JAN 2 5 2002
File.
P.O. Box 40, Boise, Idaho 83707-0040 Route to•
LEGAL ADVERTISING PROOF OF PUBLICATION
Account # DTI#
116026 594663
Attention
SHARON MOORE
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
identification
Eo. #
ORDINANCE 381
Run Date
LEGAL NOTICE
ORDINANCE NO. 381 _
8, CAN ORDINANCE
OF THE EAGE LE CITY CODE,ADA
SECTION 7-0-3,G PROVID-
ING FOR THE CREATION OF A TREE FUD TO BE USED AS AN ALTERNATIVE
METHOD OF COMPLIANCE WITH REGARD TO THE RETEN11ON AND REPLACEMENT
OF EXISTING TREES; AND ESTABLISHING 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 Zoning Ordinance.
WHEREAS, the City wishes to provide Alternative Methods of Compliance with landscap-
ing and buffer requirements contained in Title 8 of the City Code; and
WHEREAS, the Comprehensive Plan of the City of Eagle contains a Tree Plan at Section
12.5 that requires the City to provide for the care and maintenance of trees; and
WHEREAS, the establishment of a Tree Fund will serve as an Alternative Method of
Compliance and provide the means to purchase, care for and maintain trees on City
property;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, Ada County Idaho;
• That the Eagle City Clerk/Treasurer hereby take action to create a Tree Fund
by identifying and segregating funds allocated to the City and designated for landscaping
expenses and tree purchases. The City Council shall approve disbursement of funds from
the Tree Fund account for general landscaping, tree planting and other purposes related to
the beautification of City property, including but not limited to public parks.
Section. That Title 8, Chapter 2A, Section 7 of the Eagle City Code be and
the same is hereby amended with underline text being added to read as follows:
0. Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit
creative solutions to landkuse problems. Under certain site conditions, a strict interpretation
of requirements may be either physically impossible or impractical. Alternative compliance is
a procedure that allows certain modifications to existing regulations within this Section.
Requests for use of alternative landscaping schemes are Justified only when one or more of
the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required bufferyard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the City
with a written request if an alternative method of compliance is proposed. The request shall
state which requirement as set forth within this Section is to be modified, what project
conditions stated within subsection 1 of this Section justify using the proposed alternative,
and how the proposed alternative equals or exceeds said requirement
3. Tree Fund: Persons aoDlv�ne fpr an Remative method of cgmD)t ice fir relit ffrr
reeulations that re uire I existing trees remain on-site may elect make a -� . dca
contribution tp the Eae a .qty Tree Fhind ii i t of retaining ail ees on-s�. rye con. i • I s
which warrants the nee or the nee Fund a t� meth o compliance all be sig(. �.
dt ah ve. the a otic n DDroved.
1
in the poolation . u un er Section
}�
amount to
ees re of Brom ttfteDsite an I etml vertical tee. o fo eroliit e
removed from the site. o ner caliper j c or eci uo .� frepxs i co ns a c� pot
shall haverouthe trees sha be deter�Jmined Q�ftjv eso on of the Ln �gouncif. i�jlewajoDlicaltf
N tor o to review
alternative metheo s of comoliannce. without andrdice In accord-
review. to reaDp
dance • Section 7 above.
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 8th day of January, 2002.
CITY OF EAGLE
Ada County, Idaho
Rick A. Yzaguirre Mayor
ATTEST: Sharon k. Moore, City Clerk/Treasurer
1TAA7
JANUARY 23, 2002
(Number of Linea
Amount'
$139.50
78 X 2
(Affidavit Legal #
1
12442
JANICE HILDRETH, being duly swom, 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
consecutive daily
insertion(s)
beginning issue of:
X
single
odd skip
JANUARY 2 3 , 2002
ending issue of: JANUARY 2 3 , 2002
m/116372GattA
STATE OF IDAHO
COUNTY OF ADA
)SS
)
On this 2 3 day of JANUARY 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
whose name subscribed to the within instrument, and being
by me first duly swom, declared that the statements therein
are true, and acknowledged to me that she executed the same.
Notary PublicforIIdaho
Residing at:, ladho
My Commission expires:
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