Ordinance - 1994 - 240 - Establish Lot Sizes - 03/22/1994ORIGINAL
EMERGENCY ORDINANCE NO. 02 Ye)
AN EMERGENCY ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING TITLES 8 AND 9 OF THE
EAGLE CITY CODE TO ESTABLJSH LOT SIZES IN CONFORMANCE WTH THE EAGLE
COMPREHENSIVE PLAN
WHEREAS, the aty of Eagle, Ma County, Idaho (the "aty), is a municipal corporation of the
State of Idaho and is authorized by Chapter 65, Title 67, Idaho Code, to pass emergency ordinances where
there may be an imminent peril to the public health, safety and welfare; and
WHEREAS, the City has received numerous applications for new developments that are based on
small lot sizes, yet meet the maximum gross density requirements of the City's zoning regulations; and
WHEREAS, the aty of Eagle Comprehensive Ran establishes land use policies to preserve the
rural transitional identity and the natural features and resources of the City, and
WHEREAS, the Council has determined that small lot sizes and the lack of open space conflicts
with the intent of the Comprehensive Ran and the City's zoning regulations and finds that the development
of such Tots constitutes an imminent peril to the public health, safety and welfare; and
WHEREAS, the Council recognizes that absent a moratorium and emergency ordinance, there
would likely be an artificial influx of development applications solely because of the change in minimum lot
sizes and the Council does not desire to extend the moratorium unnecessarily and;
WHEREAS, on March 8, 1994, the City Council passed a moratorium on new development until
such time as an emergency ordinance could be prepared and has determined that an emergency ordinance
must be passed prior to the passage of a zoning ordinance amendment
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: The Council hereby finds and determines that the public welfare will be harried if
developments are allowed that do not provide for adequate minimum lot sizes and that the lot sizes and
other regulations contained in this ordinance are necessary to prevent further harm to the public.
Section 2: Section 8-2-4 of the Eagle aty Code is hereby amended to read as follows:
Zoning
District
A
A -R
R-1
R-2
R-3
R-4
R-5
R-6 to
R-25
L-0
C-1
C-2
C-3
CBD
M-1
M-2
M-3
8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
OFFICIAL HEIGHT AND AREA REGULATIONS
Mnimum Yard Setbacks
Note conditions [A] to [G] Below Maximum Mnimum Lot Mnin-mum
Maximum Front Rear Interior Street Lot Covered Area Lot With
Height Side Side (Acres or Sq. Ft.) [J]
[H & I]
[A]
60' 60'
35' 60'
35' 30'
35' 30'
35' 20'
35' 2a
35' 20'
35' 20'
35'
35'
60'
60'
80'
60'
60'
60'
30'
15'
0'
a
0'
0'
0'
0'
30' 10'
30' 30'
30' 15'
30' 10'
25' 7.5'
25' 7.5'
25' 1 7.5'
25' 7.5'
20' 7.5'
0' 0'
0' 0'
a a
a a
a a
a a
a 0'
45'
45'
30'
20'
20'
20'
20'
20'
20'
10'
0'
0'
0'
0'
0'
0'
10% N/A 100
10% 2 Aries 100
35% 37,000 100
40% 14,520 75
40% 10,000 75
403/o 8,000 70
40% 7,000 70
60% N/A 50
60%
50%
100%
100%
100%
100%
100%
100%
2,000
2,000
1,300
1,300
500
N/A
N/A
N/A
25
25
25
25
25
25
25
25
Measured from the foundation to the property line. No portion of the structure may extend more than two
feet (2') into the side yard setback. Open structures such as porches, canopies, balconies, platforms,
carports, covered patios and similar architectural projections shall be considered part of the building to
which it is attached and shall not project more than fifteen feet (15') into rear yard setback.
[B] Additional five feet (5') per story setback for multi -story structures. Height not to exceed three (3) stories
except by conditional use permit
[C] All residential buildings in other than agricultural or residential districts must meet residential official height
and area regulations.
[D] Front Yard setback from arterial and collector streets is thirty feet (30').
[E] As part of Section 8-2A-3 of this Title and identified by signatures of the Mayor and City aerk is a map
of an overlay district wherein the interior side yard minimum requirements for the Tots indicated are seven
and one-half feet (71/2) setback on one side for a single story building and five feet (5') per story setback
for multi -story structures, and six inch (6') lot Zine setback for the interior side yard. The six inch (6) lot
line setback extends as a vertical plane so that no portion of the building cuts said plane. Height not to
exceed three (3) stories (except by conditional use permit).
[F] Street side setback on arterial and collector streets is twenty --five feet (25') in the residential zoning district
[G] In order to stimulate the rehabilitation and revitalization of the edsting neighborhoods where the currently
platted residential Tots are Tess in size than the eight thousand (8,000) square feet per dwelling unit,
applicants desiring to exceed the authorized forty percent (40%) maximum lot coverage may apply for a
variance. (Ord. 60,1-13-81).
[M
[1]
[P]
Reduction of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the
same percentage in open space and a variance is applied for and approved.
All Tots with street side frontage shall have a minimum area that is 10% larger than shown in this table.
Lot width shall be determined as follows: The distance between side lot lines measured at a point midway
between the front and rear lot lines. Mnimum lot frontage, the portion of a lot adjacent to a public or
private street, for all zoning districts shall be thirty-five feet (35') feet
Section 3: Section 9-3-8 of the Eagle City Code is hereby amended by adding a new section D
as follows:
The minimum percentage of the gross area that must be set aside for open spaces in new
subdivisions shall be as follows: R-2 = 18%; R-3 =15%; R-4 =10%; R-5 = 8%; R-25 = 8%; L-0
= 8%; C-1 = 8%; C-2 = 8%; C-3 = 8%; CBD = 8%; M-1 = 5%; M-2 = 5%; M-3 = 5%.
Section 4: Upon passage of this Ordinance, the moratorium on further development established
by the Council on March 8, 1994 shall no longer be in effect.
Section 5: This Ordinance shall take effect immediately upon its passage and shall be effective
no longer than one hundred and twenty (120) days.
Dated this o22 day of March, 1994.
CITY OF EAGLE, ADA • �; , IDAHO
SUMMARY OF
EMERGENCY ORDINANCE NO. 240
AN EMERGENCY ORDINANCE OP THE CITY OF EAGLE, IDAHO, AMENDING
TITLES 8 AND 9 OF THE EAGLE CITY CODE TO ESTABLISH LOT SIZES IN
CONFORMANCE WITH THE CITY OF EAGLE COMPREHENSIVE PLAN;
A summary of the principal provisions of Ordinance No. 242
of the City of Eagle, Idaho, adopted on March 22, 1994, is as
follows:
Section 1: Finds and determines that the public welfare
will be harmed if developments are allowed that do not provide
for adequate minimum lot sizes and that the lot sizes and other
regulations contained in this Emergency Ordinance are necessary
to prevent further harm to the public.
,Section 2: Amends Section 8-2-4 of the Eagle City Code to
establish minimum lot sizes for new developments.
Section 1: Amends Section 9-3-8 of the Eagle City Code to
provide for appropriate open spaces corresponding to the amended
minimum lot sizes.
Sectiort 4: Terminates the moratorium on further development
established by the Council on March 8, 1994.
Section 5: Limits the duration of this Ordinance to 120
days.
The full text of Ordinance No. 242 is available at the
office of the City Clerk, at City Hall, and will be provided to
any citizen upon personal request during normal office hours.
DATED this ,42a day of March, 1994.
CITY OF EAGLE
Ada County, Idaho
r
sy �✓ ) (;),131
Mayor
PROOF OF PUBLICA ON fivafiro".
County of Ada
State of Idaho
Ca• S110141 being first duly sworn, on oath says that she is
the principal clerk of TIE 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 i consec �tive weeks,
First pulJcation being on the /0 Y� day of
19 q! V, and the last publication
being on the day of ,19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks 'or to the fust
publication of the attached notice.
Subscribed and ssworn before me
2'7<�`'Lr�-� ,191
- 7))
Principal Clerk
0 day of
Notary Public
Residence:
My commission expires:
(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 March 22, 1994, at 730 P.M., at the
EAGLE CITY HALL.
The purpose of the hearing, pursuant to
Idcho Code §67-6523, is to consider
immediate adoption of an emergency
ordinance to establish minimum lot sizes
for residential development and other
matters related thereto.
Publish: March 10, 1994
A7
Ss
Ci
C9
Section 4: Terminates the mora- N
torium on further development estab-
lishedbythe Council mMauh8,1994.
Sislisga. Limits the duration of
this Ordinance to 120 days.
fc
E
n
C
a
1
PROOF OF PUBLICA ,ON
County of Ada
State of Idaho
Co. Sz.ym4alibeing first duly sworn, on oath says that 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 1 consecutive weeks,
First pu icatio being on the ?AAI- day of
,19 ,andthelastpublication
being on the day of ,19
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 noti S'
Principal Clerk
Subscribed and sworn before me this v day of
,19
Notary Public
Residence: *1eeE
//' '72 •
My commission expires:
(SEAL)
SUMMARY OF EMERGENCY ORDINANCE NO.
AN EM ERGENCYORDINANCEOF
THE CITY OF EAGLE, IDAHO,
AMENDING TITLES 8 and9OFTHE
EAGLECITYCODETOESfABILSH
LOT SIZES IN CONFORMANCE
WITH THE CITY OF EAGLE COM-
PREHENSIVE PLAN;
A summary of the principal pro-
visions of Ordinance No. 242 of the
City of Eagle, Idaho, adopted on March
22, 1994, is as follows:
bank Finds and determines
phot the public welfare will be harmed
if developments are allowed that dont
provideforadequateminimum let sizes
and that the lot sizes and other
regulanmscontainedinlhisEmegeney
Ordinance are necessary to prevent
futtherharm to the public.
Stegtioila: Amends Section 8-2-4
of the Eagle City Code to establish
minimum lot sizes for new
Amends Section 9-3-8
of the Eagle City Code to provide for
appropriate open spaces conespond-
ing to the amended minimum lot sizes.
The full text of Ordinance No.
242 is available at the office ofthe City
petit, at City Hall, and will be provid-
ed to any citizen upon personal request
during normal office hours.
DATED this 22nd day of Mardi
19934.
CITY OF EAGLE
Ada County, Idaho
By Steve Gunter
Mayor