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Ordinance - 2000 - 357 - Amend Title 8 - 01/25/2000ORDINANCE # 357 AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAPS", SECTION 1, "DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS" AND SECTION 3 "SCHEDULE OF DISTRICT USE REGULATIONS"; AND PROVIDING AN EFFECTIVE DATE. Whereas the City of Eagle hereby amends Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 1 "Districts Established, Purposes and Restrictions" to change the definition of the MU "Mixed Use" zoning designation; Whereas the City of Eagle amends Eagle City coded to allow the consideration of use of a Development Agreement in lieu of a conditional use permit and/or PUD upon rezoning to MU; Whereas the City of Eagle amends Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations" to include new permitted and conditional uses in the MU "Mixed Use" zoning designation as described in Section 3 below and as specifically shown on the attached Exhibit "A"; Whereas the City of Eagle finds that the uses as described in Section 3 below and as specifically shown on the attached Exhibit "A" are in accordance with the general purposes of the Eagle Comprehensive plan; Whereas the City of Eagle finds that the uses as described in Section 3 below and as specifically shown on the attached Exhibit "A" are in accordance with the general purposes of the Eagle City Code; and Whereas the City of Eagle finds that the uses as described in Section 3 below and as specifically shown on the attached Exhibit "A" are in accordance with the specific purpose of the MU "Mixed Use" zoning designation as outlined within Eagle City Code Section 8-2-1. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Eagle, Idaho as follows: Section 1: That Eagle City Code Section 8-2-1, "Districts Established, Purposes and Restrictions" be, and the same hereby is, amended with the strike-thru text being deleted and the underlined text being added to read as follows: Page 1 of 3 K:\Planning Dept\Eagle Applications\Z0A\1999\Z0A-3-99 ord.doc MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential developmentsTaz an a p op iat-e ::.:rrx-oiz.l er-indus-trral oas-and cxisirrg ar r)rairKi3d. nca*,- residential uscs. This District is intended to ensure compatibility of new development with existing and future residential development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses that-eeinisete-with should compliment the uses allowed within the CBD Zoning District thall 1 diceuraged. All development requiring a conditional use permit in the MU Zoning District, as shown in Section 8-2-3 of this Chapter, shall occur under the PUD and/or development aareement process in accordance with Chapter 6 or 10 of this Title unless the proposed development does not meet the area requirements as set forth in Section 8-6-5-1 of this Title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU Zoning District within Section 8-2-3 of this Chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU Zoning District a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the City Council provided the development agreement includes conditions of development that are required during the PUD and conditional use process. Section 2: That Eagle City Code Section 8-2-3 (C), "Schedule of District Use Regulations" be, and the same hereby is, amended with the strike-thru text being deleted and the underlined text being added to read as follows: If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the issuance of a conditional use permit and/or a development aareement upon rezone to an MU zoning designation: if no letter appears the use is prohibited. Section 3: That Eagle City Code Section 8-2-3, "Schedule of District Use Regulations" be, and the same hereby is, amended for the "MU" zoning designation to include the list of permitted, conditional and prohibited uses with the strike-thru text being deleted and the underlined text being added as specifically shown on the attached Exhibit "A; Section 4: 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. Page 2 of 3 K\Planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord.doc Section 5: That this Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. Approved and adopted this 25th day of January, 2000. ATTEST: Page 3 of 3 K:\Planning Dept\Eagle Applications\ZOA .1999\ZOA-3-99 ord.doc Exhibit "A" OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use) LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU AGRICULTURAL Agricultural and forest P Dairy farm C Farm P P Farmer's markets (outdoor) P P P P Feedlot and stockyard C C Horticulture (general) P P P P P P P Horticulture (limited) P P P P P P P P Roadside stand (temporary structure) P P P P P P P P P Turf and/or tree farm P C Vineyard P C RESIDENTIAL Apartment C C C C Boarding or lodging house or dormitory C C C C Home occupation P P P P P P P Mobile home (single unit) (primary residence) C C Mobile home (single unit) (temporary living quarters) C C C C C Mobile home court (RV) C C C Mobile home park C C Multi -family dwelling P C C C C Planned unit development C C C C C C C C C C C C Single-family dwelling P P P P C C C Two-family dwelling P C C C COMMERCIAL Adult business C K:\Planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord exhibit A.doc LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU Airport P Ambulance services C P C C C Animal shows or sales P C C P P C P C Artist studios P P P P Arts and crafts shows C P P P C Auction facility C C P C P Automotive body shop P P P C P Automotive gas station or fuel islands C P P Automotive gas station/ service shop P P Automotive, mobile home, travel trailer, and/or farm implement sales C P P C P Automotive repair P P P C Automotive storage C P Automotive washing facility C P P P C C Bakery plant (wholesale) P C P Banks/fmancial institutions (no drive - up service) P P P P P Banks/financial institutions (with drive -up service) C P C E P Bar C C C C C Beauty/barber shop C C C P P P P P P Bed and breakfast facility C C C C C C C Building supply outlet C C P C P Cabinet shop P P P C P C Catering service P P P P Cemetery C C C C C C C C C C C Childcare K:\Planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord exhibit A.doc LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU Day care center C C C C C C C C C C Family P P P P C C P P Group C C C C C C C C C C Christmas tree sales P P P P P P P P P P Church C C C C P P P P P P Circuses and carnivals C P P P C Clinic P Club or lodge P P P P P Commercial entertainment facilities (indoor) C C P P P C Commercial entertainment facilities (outdoor) C C P P P C Communication facilities C C P P P P P C Convenience store with fuel service C P P Convenience store with no fuel service C C C C P P P P G P Detention facilities C Drive-in theater C C C C C Drugstore C C P P P P Electronic sales, service, or repair shop P P P P P P Emergency health care C P C C C P Equipment rental and sales yard C C P C C C Flex space P P P G P Food and beverage sales C P P P P P Hardware store P P P Health clubs, spas, weight reduction salons C P P P P P Heliports P K:\planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord exhibit A.doc LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU Home and business services P P P P P P P Hospital C C P P C C C Hotel P P P C Institution C C Kennel C C C C C C C C C (_ Laboratories P P P P P P C Laundromat C P P P P P C Laundry (with drive - up service) C P P P C Laundry (with no drive -up service) C P P P P P Live entertainment events C C C P C P C Massage spa C C C C C C Mobile office C C C C C C C C Mortuary C C C C Motel P P P C Nonprofit rehabilitation center C C Nursery, plant materials P C C C P P P P P P C Nursing/convalescent home C C C C Office, business and professional P P P P P C E P Parking lot, parking garage P P P C P P P P P Parking lot, parking garage, commercial C P P P C P C C Pawnshops (auto) C C Pawnshops (general) C C Personal improvement P P P P P P Personal services P P P P P P Personal wireless facilities (height -35 feet or less) C C P P P P P P P P P P P P K:\Planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord exhibit A.doc LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU Personal wireless facilities (height -over 35 feet) C C C C C C C C C C C Photographic studio P P P P P P Printing and/or blueprinting P P P P P P P Professional activities P P P P P P Restaurant (drive-in) P P Restaurant (no drive-thru) C C P P P P P Restaurant (with drive-thru) P P Retail sales (general) C C P P P C Retail sales (limited) P P P P P C Retail sales (pharmacies and medical) C P P P P P Riding academies/stables P C C C Shop, contractors (and/or yard) C P P C P Shopping center C C C P C Shopping mall C C P Sign shop, including painting P P P C P C Small engine repair (mower, chainsaws, etc.) C P P P C C Storage (enclosed building) P P P P P C P P C Storage (fenced area) C C C C C C C P P C Street fair P P P P Tire shop, including recapping P P P C Trade fair P P C Travel services P P P P P P Truck stop C P C C Upholstery shop P P P P C C C Vet clinic (animal hospital) C C C P P P P P Welding, tool shop C P P C P K:\Planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord exhibit A.doc LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU Woodworking shop P P P P C P INDUSTRIAL Asphalt plant P P Automotive wrecking yard or salvage C C Beverage bottling plant C C P Billboard manufacture C C P Cement or clay products manufacturing P P Chemical storage and manufacturing C Concrete batch plant P P Dairy products processing C P C P P Food processing plant C P Fuel yard P Grain storage C P Ice manufacture, cold storage C C P Industry Custom P P P Limited P P P Research and development P Junkyard C C Lumberyard, retail C P Machine shop P P P C P Manufacturing, furniture P C P Mobile home manufacturing P Monument works, stone C C P Petroleum storage C C Planing mill P Public utility yard C C C P K:\Planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord exhibit A.doc C C C C LAND USES DISTRICTS A -R R -E R L -O C -A C-1 C-2 C-3 CBD M-1 M -1A M-2 M-3 PS MU Railroad yard or shop C C P Recycling operation C Rendering plant C Research activities P C Sand or gravel yard C P Sanitary landfill C C Stockyard, slaughterhouse; meat packing C Terminal yard, trucking C P Truck and equipment repair and sales (heavy) C C C C P Warehousing, wholesaling plant P C P Wood processing plant P PUBLIC/SEMI-PUBLIC Golf course and related services C C C C C P P P P P C Government building, offices P P P P P P P P P Library C C P P P P P C Museum C C P P P P P C Park and recreation facilities C C C C C C C P P C Public service facilities C C C C C C C C C C C C C C C C School, public or private C C C C C C C C C P C K\Planning Dept\Eagle Applications\ZOA\1999\ZOA-3-99 ord exhibit A.doc The Idaho Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 LEGAL ADVERTISING INVOICE Account Number/Trans. i T1 Identification 116026 191206 ORDINANCE NO. 357 Ordered By P.O. Number Rate TRACY E. OSBORN CITY OF EAGLE 310 E. STATE ST. EAGLE, ID 116026 TT Run Dates FEBRUARY 5, 2000 Estimated Inches 150X6 LINES i Affidavits ' Amount Due $801.00 Real Inches Legal Number 6075 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 EI single ❑ consecutive daily ❑ odd skip insertion(s) beginning with the issue of FEBRUARY 5 and ending with the issue of FEBRUARY 5 STATE OF IDAHO , 2000 , 2000 ss. COUNTY OF ADA ) On this 5TH day of FEBRUARY in the year of 2000 , before me, a Notary Public, personally appeared 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 statements therein are true, and acknowledged to me that she executed the same. Notary ublic for daho Residing at: My commission expires: Boise, Idaho /4!/3/&i I LEGAL NOTICE ORDINANCE # 357 AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 2 'ZONING DISTRICTS AND MAPS", SECTION LAND USES 1, "DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS" AND SECTION 3 "SCHEDULE OF DISTRICT USE REGULATIONS"; AND PROVIDING AN EFFECTIVE DATE. Whereas the City of Eagle hereby amends Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 1 "Districts Established, Purposes and Restrictions" to change The definition of The MU "Mixed Use" zoning designation; Whereas the City of Eagle amends Eagle City coded to allow the consideration of use of a Development Agreement in lieu of a conditional use permit and/or PUD upon rezoning to MU; Whereas the City of Eagle amends Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations" to include new permitted and conditional uses in the MU "Mixed Use" zoning designation as described in Section 3 below and as specifically shown on the attached Exhibit "A"; Whereas the City of Eagle finds That the uses as described in Section 3 below and as specifically shown on the attached Exhibit "A" are in accordance with the general purposes of the Eagle Comprehensive plan; Whereas the City of Eagle finds that the uses as described in Section 3 below and as specifically shown on the attached Exhibit "A" are in accordance with the general purposes of the Eagle City Code; and Whereas the City of Eagle finds that the uses as described in Section 3 below and as specifically shown on the attached Exhibit "A" are in accordance with The specific purpose of The MU "Mixed Use" zoning designation as outlined within Eagle City Code Section 8-2-1. NOW, THEREFORE BE IT ORDAINED, by the Mayor and City Council of the City of Eagle, Idaho as follows: S cfion 1 That Eagle City Code Section 8-2-1, "Districts Established, Purposes and Restrictions" be, and the same hereby is, amended with the strike-thru text being deleted and the underlined text being added to read as follows: MU MIXED USE DISTRICT: To provide for a variety and mixtura of uses such as limited office, limited commercial, and residential • 'sr-res'�l /, This District is intended to ensure compatibility of new development with existing and future i<esideptialiievelopment. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses that-cempete with. should orppiiwt the uses allowed within the CBD Zoning District . All development requiring a conditional use permit in the Zoning District, as shown in Section 8-2-3 of this Chapter, shall occur under the PUD and/or development agreement process in accordance with Chapter 6 or 10 of This Title unless The proposed development does not meet the area requirements as set forth in Section 8-6-5-1 of this Title. n that case a cooperative development, in coniunction with adiacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU Zoning District within Section 8-2-3 of this Chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to The MU Zoning District a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by The City Council provided the development agreement includes conditions of development that are required during the PUD and conditional use process. � • That Eagle City Code Section 8-2-3 (C),"Schedule of District Use Regulations" be, and the same hereby is, amended with the stri e- ru text being deleted and the underlined text being added to read as follows: If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the issuance of a conditional use permit andlor a .. v lop a ejt �gteerpepfyp�n reKo o MU Ming designation if no letter appears the use is prohibited. wl . I : That Eagle City Code Section 8-2-3, "Schedule of District Use Regulations" be, and the same hereby is, amended for the "MU" zoning designation to include the list of permitted, conditional and prohibited uses with the strike-thru text being deleted and the underlined text being added as specifically shown on The attached Exhibit "A"; S rtinn d• 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 5: That this Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. Approved and adopted this 25th day of January, 2000. Mayor Rick Yzaguirre ATTEST: Sharon Moore, Eagle City Clerk EXHIBIT "A" OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use) LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 P PP C P P P P PP P P P P P P P P P PP C AGRICULTURAL Agricultural and forest Dairy farm Farm Farmer's markets (outdoor) Feedlot and stockyard Horticulture (general) Horticulture (limited) Roadside stand (temporary structure) Turf and/or tree farm Vineyard RESIDENTIAL Apartment Boarding or lodging house or dormitory Home occupation Mobile home (single unit) (primary residence) Mobile home (single unit) (temporary living quarters) ^ Mobile home court (RV) Mobile home park ^` Multi -family dwelling Planned unit development Single-family dwelling Two-family dwelling C C PPPC PP C CC C C C C C C CC C C .0 C C PPP PC P C PPCOMMERCIAL Adult business Airport Ambulance services Animal shows or sales P Artist studios Arts and crafts shows Auction facility C Automotive body shop Automotive gas station or fuel islands Automotive gas station/ service shop Automotive, mobile home, travel trailer, and/or farm implement sales Automotive repair Automotive storage Automotive washing facility Bakery plant (wholesale) Banks/financial institutions (no drive -up service) Banks/financial institutions (with drive -up service) BaBeauty/barbershop Bed and breakfast facility C Building supply outlet Cabinet shop , Catering service Cemetery C Childcare Day care center C Family P Group C Christmas tree sales P Church C Circuses and camivais C Clinic Club or lodge Commercial entertainment facilities (indoor) Commercial entertainment facilities (outdoor) C Communication facilities C Convenience store with fuel service Convenience store with no Detention facilities Drive-in theater Drugstore Electronic sales, service, or repair shop Emergency health care Equipment rental and sales yard Flex space Food and beverage sales C C C C P C C P C C P C C C P P P C P P C P P P P C P C P P P C C P C C C P C C C C P C C C C P C C C C C C C P C C C C P P P C C C C C P P P C P C P C C P P C C P P P CBD M-1 M -1A M-2 M-3 PS MU P P C C P C C CC CC C P C P P P P C C P P C C P C P P C C C P P P C P P C P P P C P P C C C C P P P C P C P P P C P C C C C C C C P P P P P P P P P P P P P P P P P P P P P P P C C C C P P P P P P CP CC C P C C P P P P P P P P P P C C P C C C C C C C C C P CC C P P C C C P C P P P C C C -C--P C P C P Hardware store Health clubs, spas, weight reduction salons Heliports Home and business services Hospital Hotel institution Kennel C C Laboratories Laundromat Laundry (with drive - up service) Laundry (with no drive -up service) Live entertainment events C C Massage spa Mobile office Mortuary Motel Nonprofit rehabilitation center Nursery, plant materials P C Nursing /convalescent home Office, business and professional Parking lot, parking garage Parking lot, parking garage, commercial Pawnshops (auto) Pawnshops (general) Personal improvement Personal services Personal wireless facilities (height -35 feet or less) C C Personal wireless facilities (height -over 35 feet) C C Photographic studio Printing and/or blueprinting Professional activities Restaurant (drive-in) Restaurant (no drive-thru) Restaurant (w/ drive-thru) Retail sales (general) Retail sales (limited) Retail sales (pharmacies and medical) Riding academies/stables P C C Shop, contractors (and/or yard) Shopping center Shopping mall Sign shop, including painting Small engine repair (mower, chainsaws, etc.) Storage (enclosed building) Storage (fenced area) Street fair Tire shop, including recapping Trade fair Travel services Truck stop Upholstery shop Vet clinic (animal hospital) Welding, tool shop Woodworking shop INDUSTRIAL Asphalt plant Automotive wrecking yard Or salvage Beverage bottling plant Billboard manufacture Cement or clay products manufacturing Chemical storage and manufacturing Concrete batch plant Dairy products processing C Food processing plant Fuel yard Grain storage C Ice manufacture, cold storage industry Custom Limited Research and development Junkyard Lumberyard, retail Machine shop Manufacturing, furniture Mobile home manufacturing Monument works, stone Petroleum storage Planing mill Public utility yard Railroad yard or shop Recycling operation Rendering plant Research activities Sand or gravel yard Sanitary landfill Stockyard, slaughterhouse; meat packing Terminal yard, trucking Truck and equipment repair and sales (heavy) Warehousing, wholesaling plant Wood processing plant PUBLIC/SEM1-PUBLIC Golf course and related services C Government building, offices Library Museum Park and recreation facilities Public service facilities C School, public or private C DISTRICTS A A -R R -E R L -O C -A C-1 C-2 P C P P P P C C C C P C C C C C C P P P C P P P C P P P C C C P C Pub. Feb. 5, 2000 P C C P C C C CC C C C C C CC C C C C CC C P C P C P P C C C C C P P P C P P P P P C C C P P P C P P P P P C P P P P P C C C P P P P P P P P P P C P P P P P C C C P C P C C P P P P P P P C P P C P P P C-3 CBD M-1 P P P P P P C C P C C P P P P P P P P P P C P C C C C P P C P P P C C P P P C P P C P C P P P P P P P C C P P P P P P P P P P P P P P P P P C P C P P P P C P P P P P P P P P C P P P P P C P C P P -.MOM P P P P C C C P P P P C C C C C P P P P C C C P P P P C C C C P P C P P C C C C P P P P P P C C C