Ordinance - 2010 - 647 - Amend Title 8/Extension Of Time - 11/23/2010
ORDINANCE 647
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF THE
ST ATE OF IDAHO, AMENDING TITLE 8 "ZONING", CHAPTER 6 "PLANNED UNIT
DEVELOPMENTS", SECTION 6 "PROCEDURE FOR APPROV AL OF PLANNED UNIT
DEVELOPMENT", SUBSECTION 3 (C); AMENDING TITLE 8 "ZONING", CHAPTER 7 "ZONING
ADMINISTRATION AND ENFORCEMENT", SECTION 3 "CONDITIONAL USES",
SUBSECTIONS 5 (E), (F), AND (G); AMENDING TITLE 8 "ZONING", CHAPTER 7 "ZONING
ADMINISTRATION AND ENFORCEMENT", SECTION 8 "NOTICE REQUIREMENTS",
SUBSECTION (B); AMENDING TITLE 9 "LAND SUBDIVISIONS", CHAPTER 2 "SUBDIVISION
PLATS AND PROCEDURES", SECTION 3 "PRELIMINARY PLAT" ITEM (E); AMENDING TITLE
9 "LAND SUBDIVISIONS", CHAPTER 2 "SUBDIVISION PLATS AND PROCEDURES", SECTION
4 "FINAL PLAT" ITEMS (D), (E), AND (G); AND ADDING TITLE 9 "LAND SUBDIVISIONS",
CHAPTER 6 "SUBDIVISION ADMINISTRATION AND ENFORCEMENT", SECTION 6
"APPEALS" OF THE EAGLE CITY CODE; PROVIDING A REPEALER CLAUSE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish, and amend a Zoning Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Eagle City Code Title 8, Chapter 6, Section 6, Subsection 3 (C) be and the same hereby
is, amended with the underlined text being added and the strikeout text being deleted to read as follows,
with the remainder of 8-6-6-3 to remain unchanged:
8-6-6-3: FINAL DEVELOPMENT PLAN:
C. Expiration And Extension Of Approval Period: The approval of a final development plan for a
PUD shall be for a period not to exceed one year to allow for preparation and recording of the
required subdivision plat and the development of the project. If no construction has begun within one
year after approval is granted, the approved final development plan shall be void, unless an extension
of time is approved as provided herein. .'\8 exteAsi08 of the time limit or fBodifieatio8 of the
approved final development plan may be approved if the council finds that stich extension or
modification is not in conflict '.vith the public interest. (Ord. 566, 5-15-2007)
1. A maximum twelve (12) month extension of the time limit of an approved final development plan
may be granted by the city council, at its sole discretion, if the following findings are made:
a. No outstanding city code violations exist on the subiect property. If such violations exist,
they may be conditioned by the City Council to be cured as a condition of the extension of
time;
b. The final development plan, as previously approved, remains in the best interests of the
health, safety, and general welfare of the city;
c. There have been no significant changes to city code between the date of final development
plan approval and the application date of the time extension request that would require
substantial modifications to the proiect;
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d. There are no hazardous situations which have developed or have been discovered on the
proiect site;
e. The public facilities and services required for the proiect remain adequate;
f. The applicant has provided a viable and accePtable plan which demonstrates how the
completion of the final development plan will commence within the year; and,
g. The applicant has provided a schedule that depicts the anticipated progress for completion of
the final development plan within the year.
2. The City Council reserves the right to revoke the extension of time approval if it finds that any of
the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an applicant so
long as the criteria set forth in section 8-6-6-3 (C)(l) are met. Nothing in this ordinance requires the
city council to grant any extension of an approval period.
Section 2: That Eagle City Code Title 8, Chapter 7, Section 3-5, Subsections (E), (F), and (G) be and the
same hereby is, amended with the underlined text being added and the strikeout text being deleted to read
as follows, with the remainder of 8-7-3-5 to remain unchanged:
8-7-3-5: CONDITIONAL USE PERMIT:
E. Transfer Of Permit: A conditional use permit is not transferrable from one parcel of land to
another. Conditional use permits are an entitlement to the specific property on which the approval
was granted and upon any transfer of title for the property the conditional use permit transfers to the
new owner(s) without further application or approval, provided, however, the new owner(s) shall be
bound by the same conditions of approval applicable to the conditional use permit that was
transferred. The new owner(s) shall provide written acknowledgement to the city accepting the terms
of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new
owners of actual notice of the existence of the conditional use permit for the parcel, whichever event
occurs later; otherwise, the permit mav be declared void after notice and public hearing before the
city council.
F. Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered
as establishing a binding precedent to grant other conditional use permits.
G. Time Limitations, Extensions:
1. Once a conditional use is approved and exercised, said use may continue without further temporal
constraints, provided that the use complies with its intended purpose, or city-approved modifications
thereafter, and does not violate any codes, subiect to the following:
a. An approved conditional use permit shall be valid for a term approved and conditioned by the
city council.
b. An extension of the time limit for an approved conditional use may be granted by the city
council, at its sole discretion, without further notice and hearing, if the following findings are
made:
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(1) There are no outstanding citv code or conditional use permit violations on the subiect
property. If such violations exist, they may be conditioned by the city council to be
cured as a condition of the extension of time;
(2) The conditional use, as previously approved, remains in the best interests of the
health, safety, and general welfare of the city;
(3) There have been no significant changes to city code between the date of conditional
use approval and the date of the time extension request that would require substantial
modifications to the proiect;
(4) There are no hazardous conditions which have developed or have been discovered on
the proiect site; and,
(5) The public facilities and services required for the proiect remain adequate.
Section 3: That Eagle City Code Title 8, Chapter 7, Section 8 (B) be and the same hereby is, amended
with the underlined text being added and the strikeout text being deleted to read as follows, with the
remainder of 8-7-8 to remain unchanged:
8-7 -8: NOTICE REQUIREMENTS:
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for comprehensive plan
amendments, variances, conditional uses, zoning ordinance map amendments, and subdivisions.
1. Meeting Requirements:
a. It shall be the sole duty of the applicant to provide mailed written notice, in a form deemed
appropriate by the zoning administrator, to all property owners or purchasers of record owning
property within a three hundred foot (300') radius of the exterior boundary of the application
property, and to contiguous homeowners' associations and any neighborhood associations deemed
appropriate by the zoning administrator. Notice of a neighborhood meeting shall be in addition
to, and not in lieu of, mailed radius notices already required by this title, except when notice of a
neighborhood meeting is required of two hundred (200) or more property owners or purchasers of
record, alternate forms of notice may be provided as deemed appropriate by the zoning
administrator. The neighborhood meeting written notice shall be provided by mail a minimum of
fifteen (15) business calendar days prior to the scheduled neighborhood meeting.
Section 4: That Eagle City Code Title 9, Chapter 2, Section 3 (E) be and the same hereby is, amended
with the underlined text being added and the strikeout text being deleted to read as follows, with the
remainder of 9-2-3 to remain unchanged:
9-2-3: PRELIMINARY PLAT:
E. Approval Period:
1. Faih::lfe to file with and obtain the eertification of the aeeeptanee of the final plat applieatioR by
the administrator within one year after actioFl by the city eOl:IRcil shall eaHse all approvals of said
preliminary plat to be null and void, unless an extension of time is applied f{)r by the subdivider
and granted by tHe eity eOHneil.
1. Failure to file an application with and obtain the certification of the acceptance of the
preliminary plat by the zoning administrator within one (1) year after the date on which
action was taken by the city council shall cause all approvals of said preliminary plat to be
null and void.
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A maximum twelve (12) month extension of the time limit on the approved preliminary plat
may be granted by the city council, at its sole discretion, if the following findings are made:
a. There are no outstanding city code or plat approval violations on the subiect property. If
such violations exist, they may be conditioned by the city council to be cured as a
condition of the extension of time;
b. The preliminary plat, as previously approved, remains in the best interests of the health,
safety, and general welfare of the city;
c. There have been no significant changes to city code between the date of preliminary plat
approval and the application date of the time extension request that would require
substantial modifications to the proiect;
d. There are no hazardous conditions which have developed or have been discovered on the
proiect site; and,
e. The public facilities and services required for the proiect remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates that the final
plat application will be filed within the year; and,
g. The applicant has provided a schedule that depicts the anticipated timing for the filing of
the final plat application within the year.
2.The City Council reserves the right to revoke the extension of time approval if it finds that any
of the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an applicant
so long as the criteria set forth in section 9-2-3 (E)( I) are met. Nothing in this ordinance requires
the city council to grant any extension of an approval period.
4. Proiects with approved phasing plans do not need time extensions, so long as the construction
of improvements do not cease for more than one (1) year in any given phase.
~ i....In the event that the development of the preliminary plat is made in successive, contiguous
segments through an approved phasing plan in an orderly and reasonable manner, and conforms
to such segments, if submitted within successive intervals for one year, it may be considered for
final approval without resubmission for preliminary plat approval. (Ord. 566, 5-15-2007)
Section 5: That Eagle City Code Title 9, Chapter 2, Section 4, Subsections (D), (E), and (G) be and the
same hereby is, amended with the underlined text being added and the strikeout text being deleted to read
as follows, with the remainder of 9-2-4 to remain unchanged:
9-2-4: FINAL PLAT:
D. Conditional Approval Of Final Plat: With respect to financial guanffitees assurance to be provided
to the city, the approval of all final subdivision plats shall be conditioned on the accomplishment of
one of the following:
1. The construction of improvements required by this title shall have been completed by the
subdivider and approved by the city council; or
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2. Smety Financial assurance acceptable to the city council shall have been filed in the form of a
cash deposit, certified check, Regotiable bOFld, or irrevocable bank letter of credit or sHfety BOFld.
E. Approval Period: The final plat shall be filed with the county recorder within one year after the
date of written approval by the city council. Otherwise such approval shall become null and void
unless the subdivider, prior to said expiration date, applies for an extension of time~ and such
extension is granted by the city council.
1. A maximum twelve (12) month extension of the time limit of the approved final plat may be
granted by the city council, at its sole discretion, if the following findings are made:
a. There are no outstanding city code or plat approval violations on the subiect property. If
such violations exist, they may be conditioned by the City Council to be cured as a
condition of the extension of time;
b The final plat, as previously approved, remains in the best interests of the health, safety,
and general welfare of the city;
c There have been no significant changes to city code between the date of final plat approval
and the application date of the time extension request that would require substantial
modifications to the proiect;
d. There are no hazardous conditions which have developed or have been discovered on the
proiect site;
e. The public facilities and services required for the proiect remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates how
recordation of the final plat will occur within the year; and,
g. The applicant has provided a schedule that depicts the anticipated progress for completion
of the final plat within the year.
2.The City Council reserves the right to revoke the extension of time approval if it finds that any of
the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an applicant so
long as the criteria set forth in section 9-2-4 (m( I) are met. Nothing in this ordinance requires the city
council to grant any extension of an approval period.
G. Record Of Final Plat: Upon approval of the final plat by the city council, the subdivider's
prepayment of recording fees, posting of financial assurance with the city ~ Cl[ other acceptable
guarantee pursuant to section 9-2-4 (D) of this code, and the inclusion of those certifications and
signatures on the final plat as set forth in subsection F of this section, the subdivider shall furnish
proof to the administrator that the final plat has been recorded.
Section 6: That Eagle City Code Title 9, Chapter 6, Section 6 is hereby added with the underlined text to
read as follows, with the remainder of 9-6-6 to remain unchanged:
9-6-6: APPEALS:
A. Any final decision by the zoning administrator may be appealed to the city council. Within
fourteen (14) calendar days following the zoning administrator's written decision the appealing
party shall file a written notice of appeal with the city clerk before five o'clock (5:00) P.M. or
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close of business, whichever occurs later, specifically identifying which requirements are
appealed to the City Council including all reasons, factual and legal, why the decision of the
zoning administrator should be overturned or modified.
B. Action By The City Council: Within twenty five (25) calendar days from receipt of the written
notice of appeal, the zoning administrator shall set a hearing date for the appeal to be heard by
the city council. The zoning administrator and the city attorney shall provide the appellant and
the city council with a written response to the notice of appeal, including any other documents
filed by the appellant, at least three (3) calendar days prior to the appeal hearing. After hearing
the appeal, the city council may approve, approve with supplementary conditions, or deny the
appeal as presented. Within fourteen (14) calendar days after a written decision has been
rendered by the city council, the zoning administrator shall provide the appellant with written
notice of the decision.
Section 7: If any proVISIOn in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
separable from the remaining provisions in this Ordinance and shall in no way affect the validity of the
other provisions of this Ordinance or Eagle City Code.
Section 8: All prior ordinances or parts thereof, to the extent inconsistent herewith, are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 9: 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.
Adopted by the Eagle City Council, Eagle, Idaho, on thiS~:y of NIJv'VYl ~<<201O.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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Mayor
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REcE'IVFD & FIB.
CITY OF EAGLE
Valley Times
P.O. Box 1790-Eagle, Idaho 836616 JAN 14 L p
LEGAL ADVERTISING PROOF OF PUBLICATION Filo:
(' r 'I E Rota .-
Account c + Identification: A 0 a Vt o "
Address: CP4�1 E- C.v L L c;(vt-� Run Dates: 1 2 - L .).Ur l 0
C aq Lz Ti) 6. I L.
( `i S L Amount i t_i s s
December 6, 2010 Lines
Legal Notices
o>+tRMNCe tia7 I, being duly sworn, deposes
it he is
AN ORDINANCE OF THE CITY OF EAGLE,IDAHO,A MUNICIPAL CORPORATION OF THE the Principal Clerk of
STATE OF IDAHO, AMENDING TITLE 8 "ZONING", CHAPTER 6 "PLANNED UNrr akly ape'published at '
DEVELOPMENTS". SECTION 6 "PROCEDURE FOR APPROVAL OF PLANNED UNIT mute ekiect State of Idaho;that the said
DEVELOPMENT',SUBSECTION 3(C);AMENDING TITLE 8"ZONING",CHAPTER 7"ZONING 22119&11-01-in enefal circulation in the said
ADMINISTRATION AND ENPORCEME ", SECTION 3 "CONDITIONAL USES",
' SUBSECTIONS 5(E),(F),AND(G):AMENDING TITLE 8"ZONING",CHAPTER 7"ZONING wisstsubs ICI in the vicinity of Meridian,
ADMINISTRATION AND ENFORCEMENT', SECTION 8 "NOTICE REQUIREMENTS",
SUBSECTION (B);AMENDING TITLE 9"LAND SUBDIVISIONS",CHAPTER 2"SUBDIVISION rid has been uninterruptedly
PLATS AND PROCEDURES",SECTION 3"PRELIMINARY PLAT'ITEM(B);AMENDING TITLE gssasfiligni id County during a period of
i 9"LAND SUBDIVISIONS",GRAPIER 2"SUBDIVISION PLATS AND PROCEDURES".SECTION ilraldagalall Mille weeks to the first
4"FINAL PLAT"ABMs(D),(E),AND(G);AND ADDING TITLE 9"LAND SUBDIVISIONS", 1
CHAPTER 6 "SUBDIVISION ADMINISTRATION AND ENFORCEMENT; SECTION 6 &minim a copy of which is attached
"APPEALS"OF THE EAGLE CITY CODE;PROVIDING A REPEALER CLAUSE;PROVIDING ;the notice was published in
FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE fQrmlty with Section 60-108,
WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under amended, for l time(s)
the laws of the State of Idaho;and r is,amended
WHEREAS,pursuant to Chapter 65.Title 67,Idaho Code,the City of Eagle hot the authority to with with the tire issue of said paper, and
adopt,establish,and amend a Zoning Ordinance:and rspaper proper,and not in a
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE it said notice was published
1 CITY OF EAGLE,Ada County,Idaho; , on the following dates:
_l: That Eagle City Code Title 8,Chapter 6,Section 6,Subsection 3(C)be and the stage hereby ewm' '✓ t_R vv-, iv—' b/ Lo I u
is,amended with the underlined text being added and the strikeout text being deleted to read as follows, m demised
with the remainder of 8-6-6-3 to remain unchanged: al owning
8-6-6-3:FINAL DEVELOPMENT PLAN: I application
C. Expiration And Extension Of Approval Period:Ile approval of a Final development plan for a 0w deemed I yyl b Q r
PUD shall be fora period not to exceed one year to allow for preparation and mooning of due e in addition / Z C i
vision at and the devol t notice of a
required plat opmtam of the project.If construction bra begun within one teas of
year after approval a granted,the approved Final development plan shall he void, the ���
of time is spJBoved as Provided herein• •. - • , :. • Y► V °�minimum
(Ord.566,5-I5-2007) STATE OF IDAHO)
1.A maximum twelve(12)month extension of the time limit of an approved final develoensan plan wa G. )SS
may be granted by the city council.at i,_sole discretion,if the following findings ngs are made; COUNTY OF ADA I
g,No outaa Ing city code violation exist on the subiect property.If such violations cxiv, . in the year of 20f I
:hey may be conditioned by the City Council to be cured as a condition of the extension of aubllc, personally appearea
l to me to be the person
p.The Final devdoomeni plan.as previously approved.retrains in the beat interests of the lyala•e€said
!paid:-safety.and areneral welfare of the city; nanbdividte gA,@4d to the Within instrument,
s.There have been no significant changes to city code between the date of final development 11 Y sworn, declared that the
plan approval and the application date of the time extension realest that would require __ de ti acknowledged to me that
metal msdificaifoas to the neoiect
executed the same.
d hazardous_There are no hazard s_situatiau which have developed or haw been discovered on the IV
.. l __�� �.: L•�1., ,� � �� .� Notary Public for Idaho
erg plat
f. The applicant has provided a viable and acceptable plan which demonstrates how the ib are trade:
completion of the final development plan will commence within the wen and, expires: Z Vii,ID
g.The applicant has provided a schedule that depicts the anticipated proszas fee completion of xt m Y If r
the final development plan within the year. ;be ctmed as a
Z.The C itv Council reserves the tight to revoke the extension of time enetmval if it finds that any of Ia of the health.
fit" _nd aenisit Welfare of the City'
c.There have been no sietificant chances to city code between the date of Preliminary plat
arbrov t and the aoolication date of the time e
' ,ubstantial mndificatiottp tO the proifSt: