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Ordinance - 1996 - 269 - Amend Title 8 & 9 - 05/07/1996 ORDINANCE NO. ~ 3 DRAFT AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLES 8 AND 9 OF THE EAGLE CITY CODE TO PROVIDE FOR THE FINAL APPROVAL OF PLANNED UNIT DEVELOPMENTS IN SUCCESSIVE SEGMENTS AND TO PROVIDE FOR AN EXCEPTION TO THE SINGLE OWNERSHIP REQUIREMENTS FOR INDIVIDUAL BUILDING LOTS WHEREAS, the City of Eagle, Ada County, Idaho (the "City") desires to provide for the final approval of planned unit developments in successive segments, and to provide for an exception to the single ownership requirements for individual building lots. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Eagle, Ada County, Idaho, as follows: Section 1: Section 8-6-3 of the Eagle City Code is hereby amended to read as follows: OWNERSHIP REQUIREMENTS: An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holder(s) of an equitable interest in such property. Before approval is granted to a the-final development plan, the entire pLojecL property which is the subject of such final development plan shall be under single ownership or control and legal title must be presented with the final development plan. Section 2: Section 8-6-6-3 of the Eagle City Code is hereby amended to read as follows: A. Application for Approval: Upon approval in principle of a preliminary development plan, an application for approval of the final development plan for the PUD or. when the PUD also ~alifies as a subdivision. for the portion thereof proposed for final approval shall be filed with the Administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all Page 1 Page 2 information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and ~ make be revoked if construction of the project has not begun within one year from the date of issuance of the approval. At a minimum, the application shall contain the following information for that portion of the PUD to be considered for final approval: 1. A survey of the proposed development site showing the dimensions and bearings of the property lines, area in acres, topography and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses; 2. All the information required on the preliminary development plan, the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties; 3. A schedule for tILe develop",ent of l1n';"ts to be constLucted in prog~ession and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed proj ect for various uses; the number of housing units proposed by type; estimated residential population by type of house; estimated nonresidential population by type of housing; estimated nonresidential population; anticipated tinLing feL eaclL unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each ulli t of the development whenever the applicant proposes proposed an exception from the standard zoning districts or other ordinances governing development; 4. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earth work required for site preparation and development; Page 3 5. building(s), various circulation and their 6. Site plan, showing functional use areas, relationship; Preliminary building plans, including floor plans and exterior elevations; 7. Landscaping plans; and 8. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained. In addition to the foregoing. when the PUD also ~alifies as a subdivision and the application seeks final approval for only a portion of the PUD. the application shall include a schedule for the development of portions to be constructed in progression. and the anticipated timing for each portion. B. Recommendation by Commission: Within forty-five (45) days after receipt of the application for approval of the final development plan, the Commission shall recommend to the Council that the final development plan be approved as presented, approved with supplementary conditions, or disapproved. The Commission shall then transmit all papers constituting the record and the recommendations to the Council. The Commission shall find that the facts submitted with the application and presented to them establish that: 1. The proposed development. or the portion thereof proposed for final approval. can be initiated within one year of the date of approval; 2. Each Ü!di vidual uni t of tl!e The proposed development. or the portion thereof proposed for final approval. as well as the total developnLent, can exist as an independent unit capable of creating an environment of sustained substained desirability and stability or that adequate assurance will be Page 4 3. 4. provided that such objective will be attained and the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations; The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD; Any proposed commercial development justified at the locations proposed; can be 5. Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan,-which is the subject of the application and such other final development plans of the PUD which have been earlier approved. in accordance with the approved preliminary plan of the PUD and the adopted policy of the Council; 6. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development; 7. The PUD is in general conformance with the Comprehensive Plan; and 8. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. Action by the Council: Within forty-five (45) days after receipt of the final recommendations of the Commission, the Council shall either approve, approve with supplementary conditions, or disapprove the application as presented. Upon granting or denying the application, the Council shall specify: C. 1. The ordinance and standards used in evaluating the application; 2. The reasons for approval or denial; and 3. The actions, if any, that the applicant could take to obtain a permit. If the application is either approved or approved with conditions, the Council shall direct the Administrator to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto. D. Expiration and Extension of Approval period: The approval of a final development plan for a PUD ~ when the PUD also ~alifies as a subdivision. for the portion thereof proposed for final approval. shall be for a period not to exceed one year to allow for the preparation and recording of the required subdivision plan and commencement of construction the developn~nt of the project. If no construction has begun within one year after approval is granted, the approved final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved if the Council finds that such extension or modification is not in conflict with the public interest. Section 3: Section 9-5-4-4 of the Eagle City Code is hereby amended to read as follows: CONTROL DURING DEVELOPMENT¡ TIME LIMIT: Single ownership or control during development of the PUD. or. when the PUD also qualifies as a subdivision. for the portion thereof for which final development ~pproval has been granted. may shall be required and a time limit may be imposed to guarantee the development is built and constructed as planned: provided. however. that any such requirements may be waived by the Council. either before or after approval of the final development plan if it finds that such a waiver is not in conflict with the public interest. Where development of the PUD is made in successive. contiguous segments in an orderly and reasonable manner. and application for final development approval for such segments is submitted within successive intervals of no more than one year. such segments may be considered for final approval without resubmittal for preliminary approval. Page 5 Section 4: This ordinance shall take effect after its passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof, pursuant to Section 50-901A, Idaho Code, may be published. DATED this 7th day of May, 1996. CITY OF EAGLE Ada County, Idaho Mayor ATTEST: City Clerk (SEAL) Page 6 PROOF OF PUBLICATION County of Ada State of Idaho Tere Foley, being first duly sworn, on oath says she is the principal clerk of The Valley News, a newspaper of general circulation, published weekly at Meridian, County of Ada, State of Idaho; .. That the annexed notice was published in said newspaper once each and every week for L consecutive weeks, first publication being on the ~ day of ~ , 199-'-. That the said newspaper has been published continuously and uninterruptedly in said county during a period of more than seventy-eight consecutive weeks prior to the first publication of the attached notice. ~ Pril Subscribed and sworn before me this of r é' {' , 199-k. I' ' -?~. Residence: MERIDIAN My commission expires: KARCH 2001 (SEAL) Legal notice of public hearing City of Eagle. Idaho NOTICE is hereby given that the Eagle City Council will hold a public hearing on February 27, 1996 at 7:30 p.m. at the EAGLE CITY HALL. The purpose of the hearing is to consider: ORDINANCE 269 an amendment to Eagle City Code, Title 8 (Zoning) and Title 9 (Subdivision) to provide for the final approval of planned unit develop- ments (PUD) in successive segments and to provide for an exception to the sin,gle'pwnership requirements for ~ building lots. ,>~ APPLICATION: ~,. A specific ordinancJ¡ 8, ling the above description is on file in the office of the Eagle City Clerk for public inspection. Written comments will be accepted until 5:00 p.m. on the day of the public hearing. Publish: February 7,1996 Barbar~ 'ontgomery, CMC f"lqlr Clerk t D I 2' [.9b ~ ÑÒ\-~ o1Þ P.ç ~\..,!;. (}.. c.:, C> Ò>~ Q ;/~/J{/ ~ ÍI