Ordinance - 1998 - 325 - Amend Title 8/Zoning - 08/25/1998ORDINANCE # 325
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 2
"ZONING DISTRICTS AND MAPS", SECTION 1, "DISTRICTS ESTABLISHED,
PURPOSES AND RESTRICTIONS" TO ALLOW USE OF A DEVELOPMENT
AGREEMENT IN LIEU OF THE PUD AND/OR CONDITIONAL USE PROCESS UPON
REZONING TO THE MU MIXED USE ZONE AND SECTION 3 "SCHEDULE OF
DISTRICT USE REGULATIONS" TO ALLOW "INDUSTRY RESEARCH AND
DEVELOPMENT" AS A CONDITIONAL USE IN THE MU MIXED USE ZONE,; AND
PROVIDING AN EFFECTIVE DATE
Whereas the City of Eagle proposes to amend Eagle City Code Title 8 "Zoning", Chapter
2 "Zoning Districts and Maps", Section 1 "Districts Established, Purposes and Restrictions" to
allow use of a Development Agreement in lieu of the PUD and/or conditional use process upon
rezoning to the MU Mixed Use Zone";
Whereas the City of Eagle proposes to amend Eagle City Code Title 8 "Zoning", Chapter
2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations to allow
"Industry Research and Development" as a conditional use in the MU "Mixed Use" zone";
Whereas the City of Eagle finds that the "Industry Research and Development" use is in
accordance with the general purposes of the Eagle Comprehensive plan;
Whereas the City of Eagle finds that the "Industry Research and Development" use is in
accordance with the general purposes of the Eagle City Code;
Whereas the City of Eagle finds that the "Industry Research and Development" use is in
accordance with the specific purpose of the MU Mixed Use zone as outlined within Eagle City
Code Section 8-2-1; and
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 to allow use of a Development Agreement in
lieu of the PUD and/or conditional use process upon rezoning to the MU Mixed Use Zone to read
as follows:
MU MIXED USE DISTRICT: To provide for a variety of uses such as limited office, limited
commercial, and residential developments, as an appropriate transition between existing or
proposed heavier commercial or industrial areas and existing or planned nearby residential uses.
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
Page 1 of 2
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with coordinated and harmonious development which shall promote outstanding design without
unsightly and unsafe strip commercial development. Uses that compete with the uses allowed
within the CBD Zoning District shall be discouraged. 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 process in accordance with Chapter 6 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, "Schedule of District Use
Regulations" be, and the same hereby is, amended for the "Industry Research and Development"
land use 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
Industry P C
Research
and
develop-
ment
Section 3: 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 August, 1998.
Mayor Rick Yza 4irre
ATTEST:
°M>.e.
rth
gas ' a�
haron Smith, Eagle City F er k SSE
K94ao
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The Valley News, P.O. Box 299, Meridian, Idaho 83680
Affidavit of Public .tion
STATE OF IDAHO
COUNTY OF ADA
} ss.
Notice of Public Hearing/Ordinance No. 325
TITLE OF PUBLICATION
City Of Eagle
PLAINTIFF OR LEGAL AGENT
being duly sworn,
Tim Frates
deposes and says:
That I am the
Publisher of VALLEY NEWS, a twice
weekly newspaper published at Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 1
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with September 2
19 98 and ending with the issue of September 2
19 98
x
STATE OF IDAHO
COUNTY OF ADA
),cpo
On this 9 day of October in the year of 1998 before me, a Notary
Public, personally appeared Tim Frates 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 he/she executed the
QP ...... „kr
TA
;�O R � s
EE
s '
-O GliEsninission expires
Residing at
Notary Public for Idaho
44iv
STATEMENT
Valley News
Meridian, Idaho
Number of Lines
Number of Insertions
33 Lines @ $1.50 $
Lines @ $1.25 $
TOTAL COST
WILL BE $
33 Lines
49 •sn
49.50
Copy of Notice
(First Copy)
CITY OF EAGLE
ORDINANCE # 325
AN ORDINANCE AM:– 'MING
EAGLE CITY CODE TITLE 8 "ZON-
ING", CHAPTER 2 "ZONING DIS-
TRICTS AND MAPS", SECTION 1,
"DISTRICTS ESTABLISHED, PURPOS-
ES AND RESTRICTIONS" TO ALLOW
USE OF A DEVELOPMENT AGREE—
MENT IN LIEU OF THE PUD AND/OR
CONDITIONAL USE PROCESS UPON
REZONING TO THE MU MIXED USE
ALONE AND SECTION 3 "SCHEDULE
OF DISTRICT USE REGULATIONS" TC
ALLOW "INDUSTRY RESEARCH ANE
DEVELOPMENT' AS A CONDEMN
AL USE IN THE MU MIXED USE
ZONE,; AND PROVIDING AN EFFEC
TIVE DATE
WHEREAS, the City of Eagle proposer
to amend Eagle City Code Title 8 "Zon-
ing", Chapter 2 "Zoning Districts an/
Maps", Section 1 "Districts Established,
Purposes and Restrictions" to allow use of
a Development Agreement in lieu of the
PUD and/or conditional use process upon
rezoning to the MU Mixed Use Zone";
WHEREAS, the City of Eagle proposes
to amend Eagle City Code Title 8 "Zon-
ing", Chapter 2 "Zoning Districts and
Maps", Section 3 "Schedule of District
Use Regulations to allow "Industry
Research and Development" as a condi-
tional use in the MU "Mixed Use" zone";
WHEREAS, the City of Eagle finds that
the "Industry Research and Development"
use is in accordance with the general pur-
poses of the Eagle City Code;
WHEREAS, the City of Eagle finds that
the "Industry Research and Development"
use is in accordance with the specific pur-
pose of the MU Mixed Use zone as out-
lined
utlined within Eagle City Code Section 8-2-
1; and
NOW, THEREFORE, BE IT y
ORDAINED, by the Mayor and City
Council of the City of Eagle, Idaho as fol-
lows:
SECTION 1: That Eagle City Code ,
Section 8-2-1, "Districts Established, Pur-
poses and Restrictions" be, and the same
hereby is, amended to allow use of a
Development Agreement in lieu of the
PUD and/or conditional use process upon
rezoning to the MU Mixed use Zone to
read as follows:
MU MIXED USE DISTRICT: To pro-
vide for a variety of uses such as limited
office, limited commercial, and residential
developments, as an appropriate transition
between existing or proposed heavier com-
mercial or industrial areas and existing or
planned nearby residential uses. This Dis-
trict 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 uni-
fied plan with coordinated and harmonious
NO. L-355 E
CITY OF EAGLE
310 E. State Street, Eagle, ID 83616
Phone #: (208) 939-6813 Fax #: (208) 939-6827
DATE July 15, 1998
TO Valley News
PUBLISH ONJuly 17, 1998
PUBLIC HEARING
CITY OF EAGLE
Legal notice is hereby given that the EAGLE PLANNING AND ZONING COMMISSION will hold a
public hearing on August 3, 1998 AT 7:00 P.M. at Eagle City Hall to consider the following:
APPLICATION BY: City of Eagle
APPLICATION #: ZOA-5-98
PROJECT SUMMARY: The City of Eagle proposes to amend Eagle City Code Title 8 "Zoning",
Chapter 2 "Zoning Districts and Maps", Section 1 "Districts Established, Purposes and Restrictions" to
allow use of a Development Agreement in lieu of the PUD and/or conditional use process upon rezoning
to the MU "Mixed Use" Zone"; and to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning
Districts and Maps", Section 3 "Schedule of District Use Regulations to allow "Industry Research and
Development" as a conditional use in the MU "Mixed Use" zone";
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.
7Marl(L. Butler
Zoning Administrator
(Please call me to verify receipt of this document - 939-6813)
Page 1 of 1
\\Eagle]\vol I\SHARED\P&Z\Eagle Applications\ZOA\1998\ZOA-5-98 pub.doc
CITY OF EAGLE
310 E. State Street, Eagle, ID 83616
Phone #: (208) 939-6813 Fax #: (208) 939-6827
DATE... ... August 4, 1998
TO ................... Valley News
PUBLISH ON..... August 7, 1998
PUBLIC HEARING
CITY OF EAGLE
Legal notice is hereby given that the EAGLE CITY COUNCIL will hold a public hearing on August 25,
1998 AT 7:30 P.M. at Eagle City Hall to consider the following:
APPLICATION BY:City of Eagle
APPLICATION #ZOA-5-98
PROJECT SUMMARYd'he City of Eagle proposes to amend Eagle City Code Title 8 "Zoning", Chapter
2 "Zoning Districts and Maps", Section 1 "Districts Established, Purposes and Restrictions" to allow use of a
Development Agreement in lieu of the PUD and/or conditional use process upon rezoning to the MU "Mixed
Use" Zone"; and to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps",
Section 3 "Schedule of District Use Regulations to allow "Industry Research and Development" as a
conditional use in the MU "Mixed Use" zone";
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
(Please call me to verify receipt of this document - 939-6813)
Page 1 of 1
\\Eag1e1\voll\SHARED \P&Z\Eagle Applications \ZOA\1998\ZOA-5-98 pub.doc
Mayor: Rick Yzaguirre
September 1, 1998
The Valley News
P.O. Box 299
Meridian, ID 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
Dear Patty,
Enclosed please find a copy of Ordinance 325, amending Title 8-2-1.
Council: Stanley J. Bastian
Steve Guerber
Nancy Merrill
Lynne Sedlacek
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.
i cerely,
i).\
6---i—tsL, V..11 -–
Sharon K. Smith,
City Clerk
SKS:teo
Enclosure: Ordinance 325
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