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Ordinance - 2020 - 827 - Amend Zoning Ordinance - 10/22/2020ORDINANCE NO. 827 AN ORDINANCE OF TI-IE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8 "ZONING", CHAPTERS 1, 2 & ARTICLE 2A, 3, 4, 7, 10, AND AMENDING TITLE 9 "LAND SUBDIVISIONS", CHAPTERS 2, 4; PROVIDING A SEVERABILITY CLAUSE; 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 WHEREAS, the Mayor and Council have determined that good cause exists for amending the Eagle City Zoning and Subdivision Codes to protect the public health and safety and the aesthetic quality of the City; and WHEREAS, the proposed changes to the Eagle Zoning and Subdivision Codes are in accordance with the City of Eagle Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: That Title 8, Chapter 1, Section 2, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: The following words and terms, when used in this title, shall have the meanings ascribed to them in this section: AUTOMOTIVE PARTS AND ACCESSORIES SALES: The retail sale of new. used. and rebuilt automotive parts accessories. includine the rental of hand tools commonly used in automotive repair (excluding services and installation). BAR. WINE/TASTING ROOM: An establishment for which a license under title 3. chanter 2. articles A and B of this code is required where the principal business is devoted to the sale of wine. beer. and cider whereby the product is produced by one or multiple facilities licensed and located in the State of Idaho for the consumption on or off premises. Food may be served: provided, that: (1) food items are produced off premises: (2) food items provided for consumption on site are limited to cheese. crackers. charcuterie and similar items made available strictly in coniunction with and ancillary to the wine tasting experience; and (3) the establishment is not a restaurant. 1 IOR AND S: Pr3 air/Io::c of-needed-need�3 ar business -and 4d cm i—i pri :tsbepsr: 1-TOME OCCUPATION: Any-LtEz 3ust3m ilycendueted mti:ely 3ar:i?d-en by the ithcbitantz thereof which : e is sic ly--incidental and 3a3on ae of the stractare Page 1 of 15 K'COUNCIL\Drall Ordinances‘Ord 827 Title 8 and 9 update and hone occ done t esEc and 7.k' not ad _ Wisely 's a part. An accessory use of a dwelling unit and property that is: (A) Used for gainful employment or commercial purposes that involves the provision, assembly. processing or sale of goods and/or services: and(B) Incidental and secondary to the residential use of the structure and land and does not change the essential residential character of the dwelling unit/property: but (C) Excludes uses that provide shelter or lodging to persons who are not members of the family residing in the dwelling unit. RETAIL SALES: A. General: The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, video stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, bicycles, kitchen utensils, hardware, appliances, art antiques, art supplies and services, paint and wallpaper, carpeting and floor coverings, and office supplies, , and e es (e=ludi*g aerviees-and 13. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering, new autemet: vc rams and ^s^ries and similar uses. D. Artisan: Handmade items. foodstuffs. and crafts made on the premises. Artisan sales is the only retail sales subclassification that is permitted as Part of a home occupation use. RV PARK: A place where people with recreational vehicles can stay overnight, or longer, in allotted spaces known as "spaces". "sites". or "campsites". Page 2of15 K:\COUNCILOrAO Ordinances Ord 827 Tide 8 and 9 update and home occdoc' Section 2: That Title 8, Chapter 2, Section 3, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: DISTRICTS LAND USES A I A-R I R-E R I L-O I C-A C-I I C-2 IC-3 I CBD I M-I !BP I M-2 I M-3 I PS I MU COMMERCIAL: Automotive Parts and C P P Accessories Sales Bar. Wineffastine Room P P P P Home -and -business P PPP P P P services Personal wireless facilities RC P- C P—C P P P P P P P P P P P P P (enclosed building, height - C 35' or Tess) Personal wireless facilities C G C GP P P P P P P PP P P P (height - 35' or Tess) Personal wireless facilities (height - over 50') C G- E G- C C C C C C C C C C C C Personal wireless facilities (height 36' — 50') C F CCCCCCCCCCPC Section 3: That Title 8, Chapter 2A, Section 1, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the Design Review Overlay District which shall include the entire City limits, and any land annexed into the City after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family and single-familv attached residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and a fee as established by resolution of the City Council. Design review applications for a change in paint color are subject to review and approval by the City but otherwise shall not be required to comply in all respects to the requirements of this article. An individual single-familv dwelling located Wwithin the A, A-R, R-E, and R Zoning Districts, unless required as part of the PUD, the fell©wing are is specifically excluded from the Page 3 of 15 K ‘COUNCIL\Dran OrdinanccstOrd 827 Tide 8 and 9 update and home occ docx requirements of the Design Review Overlay District development of an ind viduel single-family detaehed d duplex-(-2-dwelling-units), and an individual Maii:EttHE oft . Section 4: That Title 8, Chapter 2A, Section 11, be and is hereby amended, to read as follows with strike -through text to be deleted: 8-2A-11: NOTIFICATION: The Zor.ing Adr-finis zter-shall-direet mail notice -to applicant, owner, pureltaav of reccfd, at least seven-(7) days prk r to the D (This section intentionally left blank) Section 5: That Title 8, Chapter 3, Section 2, Paragraph C, be and is hereby amended, to read as follows with underline text to be added: C. Parking And Storing Of Certain Vehicles: 4. Recreational vehicles and personal recreation items shall not be stored on commercially zoned properties other than within an approved storage facility or within an approved RV Park. Utilizing recreational vehicle(s) as a full time or Part time living quarters when located outside of an approved RV Park shall be prohibited. Section 6: That Title 8, Chapter 3, Section 3, Paragraph E, be and is hereby amended, to read as follows with underline text to be added: E. Additional Height Regulations: All buildings and appurtenances usually required to be placed above the roof level, spires, belfries, poles, cupolas. antennas. water tanks, ventilators, chimneys, steeples, towers, and any other such structures shall comply with the height limitations contained in section 8-2-4 of this title. Additional height may be permitted if a conditional use permit is approved by the city council. Section 7: That Title 8, Chapter 3, Section 5, Paragraph L, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: L. Home Occupations: in-5 uc h-o 3c apc.ti o:i; 2. The use &f the dwlling u nit and attaehed-garage f r the h me a patien shall be clearly ineidental-ancl-suberdinate-te4ts-use-fer-residential parpozes by itc 39%113.1146r twenty. five p e„t (25 4) of the total floor_aree o f the_dwell:ng unit and a ol:all be used in-the-cenduct of . The 1./3:M occt;patian-shall-be 30r dueted entirely i rage. If the portion -of -the attaeh:mac, shall not be-reduv3cd bebw ter minimum spaees refired -in ectici S 1 5 of this title. Hh.:ted within aecessory structures; 3. There shall be sa Change in the outside a pea:a:roe of the building er pr isesr a ether . sible eyidenee-of the onduc ; Page 4 of 15 K'.COUNCIL\Dralt Ordinanccs+Ard 827 Title 8 and 9 update and home occ doca 41. There shall 1-,c no traffc relating to theoccupation of parzel delivery w;:iah thall l;e limited to of f ar (1) -.Thiele trips per day (a tr4 as defined •he .,nest r n• lion of the Institute -of -Transportation Er.gincemt "Trip Generation 111.mucln); ent or process -shall be used it such home oceupation whieh ereates-noisibrationi det3ctc to the normalse o offfthelot I..thec of electrical int , which creates a' .dible interference -in -any radix 6-Ala cterage of materials 3: ,applies-eutdeers;-and The provisions herein are to permit the establishment of home occupations that are compatible with the districts in which they are located. The intent of the regulations of this chapter is to establish performance standards for all home occupations. Home occupations shall be classified as either Class "A". "B" or "C" home occupations and shall be regulated as follows: 1. Class A home occupations: a. Shall be limited to those uses identified on the Official Schedule of District Regulations section within this title as permitted within the underlying zone of the property. For instance. if the zone of the property is R-2-DA-P. the underlvina zone is R. b. Shall require a city issued business license. c. Shall not require a home occupation permit. 2. Class B home occupations: a. Shall be those uses conducted entirely within the dwelling or accessory structure, except that. outdoor swimming lessons and dog trainina classes shall be permitted. b. Shall require a city issued business license. c. Shall not require a home occupation permit. 3. Class C home occupations: a. Shall be those uses including activities conducted outside of the dwelling or accessory structure. except for those uses classified as Class A or B home occupations. b. Shall require a city issued business license. c. Shall require City Council approval of a home occupation permit if deemed to be in compliance with Eagle City Code with conditions assuring said compliance. d. Shall have the outdoor area of use designed to assure no damage results to adiacent property. e. No outdoor display or storage of unregistered vehicles. vehicle parts, materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked registered vehicles. f. Shall have a minimum of forty feet (40') between the outdoor area of use and the Property line. g. Shall have a minimum of two (2) acres for sports fields, sports courts. horse riding lessons. and other similar uses as may be determined by the City Council. Page 5 of 15 K VOUNCILUhaft Ordinances‘Ord 827 Title 8 and 9 update and home oec does h. Shall have a minimum of three (3) acres for uses such as small wedding venues and other similar uses as may be determined by the City Council. i. Shall include conditions of approval specified by the City Council to regulate the hours of operation. days of operation, number of events. numbers of employees/customers/patrons/attendees. and other conditions specifically related to the proposed use to assure compliance with this chapter. j. Within seven (7) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the applicant with written notice of the action on the request. k. The home occupation permit shall be valid for a maximum of five (5) years at which time a new permit shall be required. 4. Regulations Applicable to All Home Occupations: a. The operator of every home occupation shall reside in the dwelling unit on the property where the home occupation operates or on an adiacent property owned by the same. b. A home occupation must be conducted within a dwelling unit. within an approved accessory structure. or outdoors in accordance with this section. Parcels on which the home occupation is located may be adiacent to the parcel in which the dwelling unit is located so long as the adiacent parcels are under the same ownership. c. For home occupations conducted within a dwelling unit the total area used for the home occupation shall not exceed twenty five percent (25%) of the total floor area of the dwelling. d. For home occupations conducted within an accessory structure. the entire area of an accessory structure may be used for the home occupation provided the use within the structure is permitted by the building code adopted by the city. e. The home occupation business must be clearly incidental to the residential use of the property. f. No alteration of the exterior of the dwelling in which the home occupation is being conducted shall be made which changes the character thereof as a dwelling. g. No advertising or business signs are permitted in conjunction with the home occupation. h. No outdoor display or storage of unregistered vehicles. vehicle parts, materials, goods. supplies or equipment shall be allowed on the premises. except for lawfully parked vehicles. i. On -site narking for any vehicle primarily used in connection with the home occupation (employees/customers/patrons/attendees) shall be provided on a dust free surface in addition to parking required for the dwelling unit. j. The minimum number of covered narking spaces for the dwelling unit shall not be reduced below the minimum number required by this title. k. Sale of goods on the premises shall be limited to the products produced by the home occupation. 1. Deliveries of bulk material other than by mail. local courier, or inter -city courier pertaining to the home occupation shall not exceed one (1) per week and shall be limited to the hours between 8:00 a.m. and 5:00 D.M. Monday through Friday. Further. traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation. Page 6 of 15 K \COUNCIL‘Draft Ordinances\Otd 827 Title 8 and 9 update and home occ docx m. The home occupation shall not interfere with the delivery of utilities or other services to the area. n. The home occupation shall not generate any noise. vibrations. smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit use. o. No toxic, explosive. flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site. p. The home occupation shall at all times comply with all applicable city codes and the reauirements of other regulatory agencies having iurisdiction. 5. Prohibited Home Occupations: a. The following uses are prohibited for home occupation use: Residential: I Mobile home (single unit) (primary residence) Mobile home (single unit) (temporary living quarters) Mobile home court (RV) Mobile home park Multi -family dwelling Planned unit development Two-family dwelling Commercial: Adult business Airport Ambulance services Arts and crafts shows Auction facility Automotive body shop Automotive emission testing facility Automotive gas station or fuel islands Automotive gas station/service shop Automotive. mobile home, travel trailer, and/or farm implement sales Automotive repair Automotive storage Automotive vehicle vinyl wrap shop Automotive washing facility Bakery plant (wholesale) Banks/financial institutions (no drive -up service) Banks/financial institutions (with drive -up service) Bar Building supply outlet Cabinet shop Page 7 of 15 KACOUNCIL\Draft Ordinances Ord 827 Title 8 and 9 update and home occ docx Cemetery Childcare: Group Daycare Facility (7-12 children) Daycare Center (13+ children) Christmas tree sales Circuses and carnivals Club or lodge Coffee roasting facility Commercial entertainment facilities (indoor) Commercial entertainment facilities (outdoor) Communication facilities Contractor's yard and/or shop Convenience store with fuel service Convenience store with no fuel service Detention facilities Drive-in theater Drugstore Electronic sales, service, or repair shop Emergency healthcare Emergency services Equipment rental and sales yard Flex space Food and beverage sales Hardware store Heliports Home and business services Hospital Hotel Institution Kennel Laboratories Laundromat Laundry (with drive -up service) Laundry (with no drive -up service) Live entertainment events Microbrewery Mobile office Mortuary Motel Nonprofit rehabilitation center Nursing -/convalescent home Office. medical and dental — however. counseling services are permitted Parking lot, parking garage Parking lot, narking garage. commercial Page 8 of 15 K \COUNCA.U)rafl Ordinances%Ord 827 Title 8 and 9 update and home occ,docx Pawnshops (auto) Pawnshops (general) Personal wireless facilities (enclosed building. height - 35' or less) Personal wireless facilities (enclosed building, height - over 35') Personal wireless facilities (height - 35' or less) Personal wireless facilities (height - 36' - 50') Personal wireless facilities (height - over 50') Restaurant (drive-in) Restaurant (no drive -through) Restaurant (with drive -through) Retail sales (general) Retail sales (limited) Retail sales (pharmacies and medical) Shopping center Shopping mall Sign shop. including painting Small engine repair (mower, chain saws, etc.) Storage (fenced area) Tattoo parlors and body piercing establishments Tire shop. including recapping Trade fair Travel services Truck stop Upholstery shop Vet clinic (animal hospital) Welding, tool shop Winery b. As determined by the Zoning Administrator. uses that are not consistent with this chanter and that impair the integrity of and/or exert a negative influence on the residential neighborhood in which they are located. and/or other uses similar to those prohibited home occupation uses listed in this section shall be prohibited. c. All uses listed under the Industrial classification within the Official Schedule of District Regulations shall be prohibited. d. Repair or painting of motorized vehicles such as repair or painting/wrapping of autos. trucks. trailers and boats. excerpt that hobbyist restoration of vehicles is permitted if entirely enclosed within an accessory structure or garage and all other conditions herein are satisfied. c. Upon the submittal of a waiver application and findings adopted by the zoning administrator addressing compliance with the following criteria. the use(s) noted in subsection a. above may be permitted: (1) Will be designed, constructed. operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Page 9 of 15 K'COUNCIL\Draft Ordinances'Ord 827 Tide 8 and 9 update and home oenduex (2) Will not be hazardous or disturbing to existing or future neighborhood uses; (3) Will be compatible with the scale and design of the structures and overall existing development pattern of the surrounding area; (4) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. (5) If the waiver application is denied, the decision may be appealed in accordance with chapter 7 of this title. If no appeal is submitted, the decision is final. Section 8: That Title 8, Chapter 4, Section 3, Paragraph A, be and is hereby amended, to read as follows with underline text to be added: 8-4-3: DESIGN AND MAINTENANCE: A. Paving: The required number of parking and loading spaces as set forth in this chapter, together with driveways, aisles and other circulation areas, shall be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces shall not be permitted unless used as part of a home occupation. Section 9: That Title 8, Chapter 7, Section 1, Paragraph A, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: A. Position Created, Appointment: For the purpose of carrying out the provisions of this titles 8, 9, and 10 of the Eagle City Code, an zoning administrator is hereby created, who shall be appointed by the mayor with the consent of the council. The zoning administrator or the zoning administrator's designee shall administer this, titles 8, 9, 10, and 11 of the Eagle City Code and Section 10: That Title 8, Chapter 7, Section 3-5, Paragraph H, be and is hereby amended, to read as follows with underline text to be added: H. Modification Of Permit: A conditional use permit may be modified by the city council after public notice has been provided in accordance with section 8-7-8 of this chapter. Section 11: That Title 8, Chapter 7, Section 8, Paragraphs B and E, be and is hereby amended, to read as follows with underline text to be added: B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting within six (6) months of the application submittal date for comprehensive plan amendments, annexations, rezones, variances, conditional uses, zoning ordinance map amendments, and subdivisions. A neighborhood meeting shall not be required for City initiated applications. E. Posted Notice: Except as noted within this subsection, any time notice is required under subsection D of this section, the land being considered shall be posted not less than ten (10) calendar days prior to the planning and zoning commission hearing and again not less than ten (10) calendar days prior to the city council hearing. For comprehensive plan land use map amendments and/or zoning ordinance map amendments consisting of changes to more than ten (10) parcels of Page 10 of 15 K:ICOUNCIL\Ordinance&Ord 827 Title 8 and 9 update and home occ.do x land posted notice shall not be required unless all parcels under request for amendment are contiguous and if the parcels abut a public right of way. In such cases a minimum of one (1) four foot by eight foot (4' x 8') plywood sign shall be placed adjacent to the right of way. Otherwise, three (3) notices in the official newspaper or paper of general circulation, with the third notice appearing a minimum of ten (10) calendar days prior to the public hearing, shall be published. Posted notice shall not be required for City initiated applications. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: Section 12: That Title 8, Chapter 10, Section 1, Paragraph C, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: C. Form Of Development Agreement: A development agreement shall be in the form required by the zoning administrator. No agreement shall be accepted by the zoning administrator which does not include the following: 4. A concept plan of the project to be developed on the parcel. The concept plan shad may include: a. A description of the density allowed or sought; and b. Maximum height, size, and location of any structures on the property. Section 13: That Title 9, Chapter 2, Section 3, Paragraphs D and E, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: D. Procedure For Approval Of Preliminary Plat: 1. Administrative Review: a. C-ertifiieation--By Adr inistrator is 1TearingAcceptance of Application: Upon Following receipt of the completed preliminary plat application and all other required data information as provided for herein, the zoning administrator shall eertifydeem the application as complete and shall affix the date of application acceptance thereon. The -administrator shell seh pea-ii'g b sio , ,±ith hearing -shall -be -held 3 n of a eernplete-applieation. b. Review By Other Agencies: The zoning administrator shall refer the preliminary plat and application to as many governmental agencies as deemed necessary: and shall provide that any transmittal will be returned within fifteen (15) days. Such agencies may include the following: (1) Other governing bodies having joint jurisdiction; (2) The appropriate utility companies, irrigation companies or districts and drainage districts; (3) The superintendent of the school district; and (4) Other agencies having an interest in the proposed subdivision. 2.E Planning and Zoning Commission Public Hearing: Bann administratorthat-any transmitter as pry,:. ' .. DI of this ten -will be return (15) days. At the end of the R teci. (15) day period, the administrator shall -prepare a :gco crdat' In accordance with the notice reauirements set forth in section 8-7-8 of this code, the zoning administrator shall schedule a public Page 11 of 15 K'COUNCILTIraft Ordinances'Ord 827 Title 8 and 9 update and home occ docc hearing before the planning and zoning commission. All agency responses shall be supplied by the zoning administrator to the planning and zoning commission. 2—Pa1;12 P�ti : The adn-�:nistrate: shall provide -notice i:: a: c-o dance with •he regai7cmc is of section 8-7-8 of this code. 3. Action blly tThe Commission: a. Commission's Findings: In determining the acceptance ofa proposed subdivision, the commission shall consider the objectives of this title and at least the following: (1) The conformance of the subdivision with the comprehensive development plan; (2) The availability of public services to accommodate the proposed development, including compliance with title 6, chapter 5 of this code; (3) The continuity of the proposed development with the capital improvement pregrain>; (4) The public financial capability of supporting services for the proposed development; and (5) The other health, safety and environmental problems that may be brought to the commission's attention. b. Action On Preliminary Plat: The commission may recommend approval, conditional approval, disapproval, or tabling for a period not to exceed thirty forty five (345) days unless additional time is requested by the applicant. &lel: action shall 33311r within thi 'ty fwe-(35) days 3f the hie-h the plat -in first e3na die eorrsin;o;oir. The action, and the reasons for such action shall be included within the commission's findings of fact and conclusion of law. stated in -.wiling by the administrator . The administrator shall also forward a toment of the actin taken ear' the :ra the commission's findings of fact and conclusions of law together with a copy of the preliminary plat to the council for its action. Upon granting or denying a preliminary plat, the commission shall specify: (1) The ordinance and standards used in evaluating the application; (2) The reasons for recommending approval or denial; and (3) The actions if any, that the applicant could take to obtain approval of the preliminary plat. 4. Action By The Council:Within-ferty-five-(4-5)-days-afier-reeehat-of-the-conimissionls reeemmendation-and following In accordance with the notice requirements as set forth in section 8-7-8 of this code, the zoning administrator shall schedule a public hearing before the city council_ shall —make findings as -required ir.. cdbsactirs.a-D3b of this seeder.. The city council shall approve, approve conditionally, er disapprove. or table the preliminary plat for more information. s of the publie-hearing 3orductad 13 uensider the Page 12 of 15 K'COUNCILDrall Ordinances\Ord 827 Tine 8 and 9 update and home occ dace cemrissioies rreoa zendation-Upon granting or denying the preliminary plat, the council shall make findings as required in subsection D3b of this section. E. Approval Period: 1. Fai-luve tc file an application with 2e of the final p or.e y ar after thc date or. whie,': aetian-�was-tale city -council -shall all-apprevale of said reliminary plat t3 be pull and v3id. The preliminary plat shall be null and void if a final plat application is not received bv the city and deemed complete by the Zoning Administrator within one year from the approval date of the city council findings of fact and conclusions of law for the preliminary plat. 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 subject 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 this code between the date of preliminary plat approval and the application date of the time extension request that would require substantial modifications to the project; d. There are no hazardous conditions which have developed or have been discovered on the project site; e. The public facilities and services required for the project 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 subsection El of this section are met. Nothing in this section requires the city council to grant any extension of an approval period. Upon filing an extension of time application. the timing for expiration of the preliminary plat shall be tolled until final action on the application has been made bv the Citv Council. Section 14: That Title 9, Chapter 2, Section 4, Paragraphs C and D, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: C. Procedure For Approval Of Final Plat: 1. Review By Administrator: c. Submission To The City Council: Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the administrator shall place the final plat on the city council agenda, wwthiE farty fi•.c (1f) days fram Page 13 of 15 K:COUNCIL Draft Ordinances\Ord 827 Title S and 9 update and home occ docx the date tl' tiara war, xeciv administrate. 2. Agency Review: The administrator may transmit one copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to ensure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall may also include the construction standards of improvements, compliance with health standards, and the cost estimate for all improvements and the -legal -review of the-perfennanee-bend. 3. City Council Action: The city council; at its next meeting fo?i .vi g receipt of the adainistrate 's reNFI, than a tc !WET. e3 3 arrive at adecisien op the final plat. The city eounoi1 shall approve, approve conditionally, disapprove or table the final plat for additional information (30) days of the date of the first regular ► 1 ah `d-e plat iseensidered.4 copy 3f the -approved- plat hall br filed -with -the administrator, Upon gr .ting-er•-denying the final plat, the eity-eeuneil shall epesify: a. The ordinancee 1:1-3ss in evaluating the-appli ation; b. The nacopr ; e. The act' , ' to 3btaii' a permit. Section 15: That Title 9, Chapter 4, Section 1-6, Paragraph E, be and is hereby amended, to read as follows with underline text to be added and strike -through text to be deleted: E. Responsibility: The following provisions are intended to provide guidance to those entities that are responsible for construction, maintenance and/or liability for a pathway. Installation costs, which may include construction of the paved path, are the responsibility of the developer. 1. Homeowners' Association: a. Maintenance of llpathway systems within a propr3ed subdivision providing access -to p: i•n.te eo:mmen-spaee-andhr othe amenities that are :. cd solely by the residents „ f asubdivision shall be the responsibility of the homeowners' association. ods will be -minimal, a ha y be rewired o: that path: 2. City Of Eagle: When-1e3atien, length and design of city of Eagle-and-the-develeperrs and liability -for -the -pathway -as designated i-r the 3orprehensive plan, se long a^, the -pathway is it good onditien-and-repair. Section 16: 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 17: 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. Page 14 of 15 K `COUNCIL'Drafl Ordinances`Ord 827 Title 8 and 9 update and home occdocx Approved and adopted this 22" day of October, 2020. CITY OF EAGLE Ad • Count JA ► PIERCE MAYOR A EST: 4,.••''Ges; �. « F9G, •.•GO9POR9A . . TRACY .i OSBORN : S - •b t• # CITY RK �cl►jS;rpp��EA Page 15 of 15 K'•COUNCILDraft Ordinances'Ard 827 Title 8 and 9 update and home occ docx SUMMARY OF ORDINANCE NO. 827 The following is a summary of Ordinance No. 827, adopted by the City Council of the City of Eagle, Ada County, Idaho, on October 22, 2020: AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8 "ZONING", CHAPTERS 1, 2 & ARTICLE 2A, 3, 4, 7, 10, AND AMENDING TITLE 9 "LAND SUBDIVISIONS", CHAPTERS 2, 4; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Section 1: Amends Eagle City Code Title 8, Chapter I, Section 2, to include new definitions for "Automotive Parts and Accessories Sales", "Bar/Wine tasting rooms", "Home Occupation", "Retail Sales", "Limited", "Artisan", "RV Park", and deleting definition of "Home and Business Services". Section 2: Amends Eagle City Code Title 8, Chapter 2, Section 3, changing the Official Schedule of District Regulations by classifying certain land uses as permitted, conditional or prohibited uses in certain zones, changing the height for Personal Wireless Facilities and adding the categories of "Automotive Parts and Accessories Sales", "Bar Wine/Tasting Rooms", and removing "Home and business services". Section 3: Amends Eagle City Code Title 8, Chapter 2A, Section 1, to add the words "single- family attached" and to exclude a single-family dwelling located in the A, A-R, R-E and R Zoning District from the requirements of the Design Review Overlay District. Section 4: Amends Eagle City Code Title 8, Chapter 2A, Section 11, removing the requirement for the Zoning Administrator to direct mail the applicant notice of the Design Review Board meeting. Section 5: Amends Eagle City Code Title 8, Chapter 3, Section 2, Paragraph C, to permit the storage of recreational vehicles within an approved RV Park and prohibiting the use of recreational vehicles as full time or part time living quarters when located outside an approved RV Park. Section 6: Amends Eagle City Code Title 8, Chapter 3, Section 3, Paragraph E, to provide additional height regulations and allow additional height through grant of a conditional use permit. Section 7: Amends Eagle City Code Title 8, Chapter 3, Section 5, Paragraph L, establishing regulations applicable for all home occupations and creating categories of home occupations, providing a list of prohibited home occupations in residential zones and commercial zones, providing the Zoning Administrator authority to declare other home occupations prohibited, prohibiting all home occupation uses listed under the Industrial classification within the Official Schedule of District Regulations, providing exceptions for hobbyist restoration, providing a waiver procedure to permit a prohibited home occupation and providing for an appeal of a denial of a waiver request. Page 1 of 3 Section 8: Amends Eagle City Code Title 8, Chapter 4, Section 3, Paragraph A, to allow driveway, parking, loading, aisles and other circulation areas to be constructed of gravel or dirt surface if used as part of a home occupation. Section 9: Amends Eagle City Code Title 8, Chapter 7, Section 1, Paragraph A, to provide for the administration of titles 8, 9, and 10 of the Eagle City Code by the Zoning Administrator and authorizing the Zoning Administrator's designee to administer titles 8, 9, 10 and 11 of Eagle City Code. Section 10: Amends Eagle City Code Title 8, Chapter 7, Section 3-5, Paragraph H, to provide that a conditional use permit may be modified by the City Council after public notice has been provided. Section 11: Amends Eagle City Code Title 8, Chapter 7, Section 8, Paragraphs B and E, to require applicants to hold a neighborhood meeting within six (6) months of their application submittal, adding the neighborhood meeting requirement to applications for annexations and rezones and providing an exception to the posting of notice requirements for City initiated applications. Section 12: Amends Eagle City Code Title 8, Chapter 10, Section 1, Paragraph C, to remove the requirement that a concept plan to a Development Agreement include a description of density allowed or sought and maximum height, size and location of structures on the property. Section 13: Amends Eagle City Code 9, Chapter 2, Section 3, Paragraph D and E, establishing the procedures for processing and approval of preliminary plat applications by the zoning administrator, planning and zoning commission and city council, establishing a one-year deadline to submit final plat application, providing standards governing tolling of the one-year deadline upon the filing of an extension of time application. Section 14: Amends Eagle City Code Title 9, Chapter 2, Section 4, Paragraphs C and D, to remove the 45 day requirement for the Zoning Administrator to place a final plat application on the City Council agenda, to provide for transmittal of final plat application for agency review and comment and remove the 30 day requirement for the City Council to make a decision on a final plat application. Section 15: Amends Eagle City Code Title 9, Chapter 4, Section 1-6, Paragraph E, to require maintenance of a pathway system within a subdivision to be the responsibility of the homeowners' association. Section 16: Provides for severability. Section 17: Provides an effective date and for publication by summary. Page 2 of 3 The All text of Ordinance No. 827 is available at City Hall and will be provided to any citizen upon personal request during normal office hours. ason'?ierce, Mayor ,•/111sasIII% I +•+••' o EAG' I••.,, IV ...... i At- Attest: Ty 7 • sborn, City Clerk ,art,R, ,. + Publication Requested: 29 gansoi.s.sa f• , 2020 CERTIFICATION OF ATTORNEY I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 820 of the City of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said ordinance. Dated this .L day of November 2020. Victor Villegas Borton-Lakey Law & Policy City Attorney, City of Eagle Page 3 of 3 Idaho Statesman Keeping you connected I IdahoStatesman.corn AFFIDAVIT OF PUBLICATION RECEIVED & FILED CiTY OF EAGLE NOV 16 2020 File: Route to:�' Account ht Ad Number Identification PO Amount Cols Deolh 253805 0004805878 SUMMARY OF ORDINANCE NO. 827 The foil ORD 827 Summary S218.12 2 12.33 In Attention: Tracy E. Osborn CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 83616 SUMMARY OF ORDINANCE NO. 827 The tollot.ieg, is a surnrna of Ordinance No. 827, adopted by the CityCouncil of the City of Eagle, Ada County, Idaho, on October 22, 2#0: AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8 "ZONING', CHAFFERS 1, 2 & ARTICLE 2A. 3, 4, 7, 10, AND AMENDING TiTLE 9 "LAND SUBDIVISIONS", CHAPTERS 2 4• PROV1D4NG A SEVERABLITY CLAUSE: AND PROVECO AN EF- FECTIVE DATE. Section 1: Amends Eagle City Code Title 8, Chapter 1, Section 2, to include new definitions for "Automotive Parts and Accessories Safes", "Bar/Vlfine tasting rooms`, "Rome Occupation", "Retail Safes", 'Limited", "Artisan", "RV Park", and deleting definition of 'Home and Business Services". Section 2 Amends Eagle City Cade Tide 8, Chapter 2, Section 3, changing the Official Schedule of District Regulations by classifying certain land uses as permitted, conditional or prohibited uses in cer- tain zones, changing the height for Personal Wireless Facilities and adding the categories of 'Automotive Parts and Accessories Sales", -Bar Wine/Tasting Rooms". and removing "Home and business serv- ices". Section 3: Amends Eagle City Code Title 8, Chapter 2A, Section 1, to add the words "sing amity attached" and to exclude a single• family dwelling located in the A A-R, R-E and R Zcning District from the requirements of the Design Review Overlay Distract Section 4: Amends Eagle City Code Title 8, Chapter 2A, Section 11, removing the requirement for the Zoning Administrator to direct mail the applicant notice of the Design Review Board meeting. Section 5: Amends Eagle City Code Title 8, Chapter 3, Section 2, Paragraph C, to permit the storage of recreational vehicles within an approved RV Park and prohibiting the use of recreational vehicles as full time or part time living quarters when located outside an ap- proved RV Park. Section 6: Amends Eagle City Code Title 8, Chapter 3, Section 3, Paragraph E, to provide additional height regulations and allow addi- tional height through grant of a conditional use permit. Section 7: Amends Eagle City Code Title 8, Chapter 3 Section 5, Paragraph L, establishing regulations applicable for all dome occu- pations and creating categories of home occupations, providing a list of prohibited horse occupations in residential zones and corner vial zones, providing the Zoning Administrator authority to declare other home occupations prohibited, prohibiting all home occupation uses listed under the Industrial classification within the Official Schedule of District Regulations, providing exceptions for hobbyist restoration, providing a waiver procedure to permit a prohibited home occupation and providing for an appeal of a denial of a waiver Suest. ection 8: Amends Eagle City Code Title 8, Chapter 4, Section 3, Paragraph A, to alow driveway. parking, loading, aisles and other circulation areas to be constructed of gravel or dirt surface if used as part of a home occupation. Section 9: Amends Eagle City Code Title 8, Chapter 7 Section 1, Paragraph A, to provide for the administration of titles 8, 9. and 10 of the Eagle City Code by the Zoning Administrator and authorizing the Zoning Administrator's designee to administer titles 8, 9, 10 and 11 of Eagle City Code. Section !O: Amends Eagle City Code Title 8. Chapter 7, Section 3-5, Paragraph H. to provide that a conditional use permit may be mod - fled by the City Council after public notice has been provided. Section 11: Amends Eagle City Code Tele 8, Chapter 7, Section 8, Paragraphs B and E, to require applicants to hold a neighborhood meeting within scot (6) months of their application submittal, adding the neighborhood meeting requirement to applications for annexe - VICTORIA RODELA, being duly sworn. deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: 1 Insertions Beginning issue of: 11/10/2020 Ending issue of: 11/10/2020 Y'DcL 7 (Legals Clerk) On this 10th day of November in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same_ ; i •� i STEFAN{ SGOiT BEARD i* `* ;ii My Notify' ID # 131768951 '1, z moires October 23, 2022 Notary Public in and for the state of Te s r siding in Dallas County E charge f ;r los 'or duplicate affidavits. Legal doeume please do not destroy, tons and rezones and prowling an exception to me posting of no- tice requirements for City initiated appkcations. Section 12: Amends Eagle City Code Title 8, Chapter 10, Section 1, Paragraph C, to remove the requirement that a concept plan to a Development Agreement include a description of density allowed or sought and maximum height size and location of structures on the property. Section 13: Amends Eagle City Code 9, Chapter 2, Section 1 Para- graph 0 and E, establishing the procedures for processing and ap- proval of preiminary plat appecations by the zoning administrator, planning and zoning commission and city council, establishing a one year deadline to submit final plat application, providing standards governing tolling of the one-year deadline upon the filing of an eaten• sion of time application. Section 14: Amends Eagle City Code Title 9, Chapter 2, Section 4, Paragraphs C and D, to remove the 45 day requirement for the Zon- ing Administrator to place a final plat application on the City Council agenda, to provide for transmittal of final plat application for agency review and comment and remove the 30 day requirement for the City Council to make a decision on a final plat applcation. Section 15: Amends Eagle City Code Title 9. Chapter 4, Section 1-6, Paragraph E, to require maintenance of a pathway system within a subdivision to be the responsibility, of the homeowners association. Section 16; Provides for severabil ty Section 17: Provides an effective date and for publication by stun - (nary. fr full text of Ordinance No, 827 is available at City Hall and will be provided to any citizen upon personal request during normal office s. /s/ Jason Pierce Jason Pierce, Mayor /s/ Tracy E. Osborn Attest Tracy E. Osborn, City Clerk CERTIFICATION OF ATTORNEY I, the undersigned, an attorney at law dub licensed in the State of Idaho and serving as counsel to the City of Eagle, Idaho, hereby cer- C�{y+ that I have read the above Summary of Ordinance No. 820 of the ity of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said ordinance. Dated this 6th day of November 2020. /s/ Victor Villegas Victor Villegas Borton•Lakey Law & Porucy City Attorney, City of Eagle 0004805878.01