Ordinance - 1998 - 328 - Amending Title 8/Landscape Buffer Area Requirements - 08/11/1998ORDINANCE NO. 328
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING",
CHAPTER 2A "DESIGN REVIEW OVERLAY DISTRICT", SECTION 7
"LANDSCAPE AND BUFFER AREA REQUIREMENTS", PARAGRAPH J
"BUFFER AREAS/COMMON LOTS", ITEM 4; PROVIDING A SEVERANCE
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Eagle proposes to amend Eagle City Code Section 8-2A-7 (J)
(4) to modify the buffer area requirements for new residential developments abutting
collector and arterial roadways.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: That Eagle City Code Section 8-2A-7 (J) (4), be, and the same hereby is,
amended with the strike-thru text being deleted and the underlined text being added to
read as follows:
4. New residential developments, including but not limited to subdivisions and multi-
family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high-speed roads. The buffer area shall be defined as the distance from the
outside wall of the lowest story of any single-family attached or detached dwelling and
the right-of-way line of the roadway. The lowest story must be screened from the
view of any street classified as a collector, arterial, freeway, or expressway. This
buffer is required either on individual lots or as an easement, or as part of the common
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right-of-way shall not be included as a part of the
buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at
the center line) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
a. Any road designated as an Urban or Rural Collector on the APA Functional
Street Classification Map:
A minimum of thirty-five feet (35') wide buffer area (not including right-of-
way) shall be provided with the following plants per one -hundred (100') linear
feet of right-of-way; 4 shade trees, 44 5 evergreen trees, and 38 24 shrubs.
Each required shade tree may be substituted with 2 flowering/ornamental trees.
provided that not more than 50% of the shade trees are substituted.
A minimum 5 -foot high, maximum 8 -foot high, berm, panelized vinyl fence,
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decorative block wall. or cultured stone. decorative rock .or similarly designed
concrete wall. or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be 3 feet horizontal distance to 1 foot
vertical distance. If a panelized vinyl fenc; of decorative block wall, or
cultured stone. decorative rock .or similarly designed concrete wall is to be
provided, in combination with the berm, a 4 foot wide flat area at the top of the
berm shall be provided for the placement of the fence or decorative block wall.
Panelized vinyl fencing shall be no higher than 4 -feet. Chain link. cedar. and
similar high maintenance and/or unsightly fencing shall not be permitted.
The 5 -foot minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every 13 -feet of additional buffer area
added to the 35 -foot wide buffer noted above.
b. Any road designated as a Minor Arterial on the APA Functional Street
Classification Map:
A minimum of fifty feet (50') wide buffer area (not including right-of-way)
shall be provided with the following plants per one -hundred (100') linear feet
of right-of-way; 6 5 shade trees, 44 8 evergreen trees, 3 flowering/ornamental
trees, and 40 24 shrubs. Each reauired shade tree may be substituted with 2
flowering/ornamental trees. provided that not more than 50% of the shade trees
are substituted.
A minimum 5 -foot high, maximum 8 -foot high, berm, panelized vinyl fence.
decorative block wall or cultured stone. decorative rock .or similarly designed
concrete wall. or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be 3 feet horizontal distance to 1 foot
vertical distance. If a panelized vinyl fenc; OF decorative block wall, or
cultured stone, decorative rock .or similarly designed concrete wall is to be
provided, in combination with the berm, a 4 foot wide flat area at the top of the
berm shall be provided for the placement of the fence or decorative block wall.
Panelized vinyl fencing shall be no higher than 4 -feet. Chain link. cedar. and
similar high maintenance and/or unsightly fencing shall not be permitted.
The 5 -foot minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every 13 -feet of additional buffer area
added to the 50 -foot wide buffer noted above.
c. Any road designated as a Principal Arterial on the APA Functional Street
Classification Map and/or any freeway or expressway:
A minimum of seventy-five feet (75') wide buffer area (not including right-of-
way) shall be provided with the following plants per one -hundred (100') linear
feet of right-of-way; S 6 shade trees, 2010 evergreen trees, 4
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flowering/ornamental trees, and 48 24 shrubs. Each required shade tree may
be substituted with 2 flowering/ornamental trees. provided that not more than
50% of the shade trees are substituted.
A minimum 10 -foot high, maximum 12 -foot high, berm, panelized vinyl fence.,
decorative block wall or cultured stone. decorative rock .or similarly designed
concrete wall. or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be 3 feet horizontal distance to 1 foot
vertical distance. If a panelized vinyl fence, of decorative block wall, or
cultured stone. decorative rock .or similarly designed concrete wall is to be
provided, in combination with the berm, a 4 foot wide flat area at the top of the
berm shall be provided for the placement of the fence or decorative block wall.
Panelized vinyl fencing shall be no higher than 4 -feet. Chain link, cedar. and
similar high maintenance and/or unsightly fencing shall not be permitted.
The 10 -foot minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every 13 -feet of additional buffer area
added to the 75 -foot wide buffer noted above.
Section 2: 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 3: 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 1 lth day of August, 1998.
ATTEST:
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CITY OF EAGLE
CITY OF EAGLE
310 E. State Street, Eagle, ID 83616
Phone #: (208) 939-6813 Fax #: (208) 939-6827
DATE June 12, 1998
TO Valley News
PUBLISH ON..... June 19, 1998
PUBLIC HEARING
CITY OF EAGLE
Legal notice is hereby given that the EAGLE PLANNING AND ZONING COMMISSION will
hold a public hearing on July 6, 1998, at 7:00 P.M. at Eagle City Hall to consider the following:
APPLICATION BY: City of Eagle
APPLICATION #: ZOA-4-98
PROJECT SUMMARY:
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 2A
"DESIGN REVIEW OVERLAY DISTRICT", SECTION 7 "LANDSCAPE AND BUFFER
AREA REQUIREMENTS", PARAGRAPH J `BUFFER AREAS/COMMON LOTS", ITEM 4;
PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Eagle proposes to amend Eagle City Code Section 8-2A-7 (J) (4) to
modify the buffer area requirements for new residential developments abutting collector and
arterial roadways.
Application materials and a specific legal description is on file for public inspection at Eagle City
Hall, 310 E. State Street. Public testimony is encouraged at the public hearing and written
comments will be accepted until 5:00 p.m. on the day of the public hearing. Auxiliary aids or
services for persons with disabilities can be made available by calling the City Clerk (939-6813)
at least three days prior to the public hearing.
Mark L. Butler
Zoning Administrator
—P gc. - -? c. t f
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CITY OF EAGLE
310 E. State Street, Eagle, ID 83616
Phone #: (208) 939-6813 Fax #: (208) 939-6827
DATE July 21, 1998
TO Valley News
PUBLISH ON July 24, 1998
PUBLIC HEARING
CITY OF EAGLE
Legal notice is hereby given that the EAGLE CITY COUNCIL will hold a public hearing on
August 11, 1998, at 7:30 P.M. at Eagle City Hall to consider the following:
APPLICATION BY: City of Eagle
APPLICATION #: ZOA-4-98
PROJECT SUMMARY:
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 2A
"DESIGN REVIEW OVERLAY DISTRICT", SECTION 7 "LANDSCAPE AND BUFFER
AREA REQUIREMENTS", PARAGRAPH J `BUFFER AREAS/COMMON LOTS", ITEM 4;
PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Eagle proposes to amend Eagle City Code Section 8-2A-7 (J) (4) to
modify the buffer area requirements for new residential developments abutting collector and
arterial roadways.
Application materials and a specific legal description is on file for public inspection at Eagle City
Hall, 310 E. State Street. Public testimony is encouraged at the public hearing and written
comments will be accepted until 5:00 p.m. on the day of the public hearing. Auxiliary aids or
services for persons with disabilities can be made available by calling the City Clerk (939-6813) at
least three days prior to the public hearing.
//idt--
G Mark L. Butler
Zoning Administrator
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REV 1-13-97
Mayor: Rick Yzaguirre
August 13, 1998
The Valley News
P.O. Box 299
Meridian, Idaho 83642
CITY OF EAGLE
P.O. Box 477
Eagle, Idaho 83616
(208) 939-6813
(208) 939-6827 Fax
SENT BY FAX (208) 888-1097 AND MAIL
Council: Stanley J. Bastian
Steve Guerber
Nancy Merrill
Lynne Sedlacek
Dear Patti,
Enclosed please find a copy of Ordinance 328, amending Eagle City Code 8-2A-7.
Please publish the full text of this notice one time only. Please send an affidavit of publication
(e.g. notarized proof of publication) upon completion of this requested publication.
As always, if you have any questions regarding this request, please contact me at Eagle City
Hall, 939-6813.
Sin erely, crzt
Tracy E. Osborn
Admin. Clerk
teo:bms
Enclosure: Ordinance 328
H:\COUNCIL\LETTERS\W ESTADA. WPD