Minutes - 2021 - Planning & Zoning - 09/20/2021 - Regular2.
rd
THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
September 20, 2021
Minutes
CALL TO ORDER: Meeting called to order at 6:00 p.m.
ROLL CALL: Present: WRIGHT, GUERBER, MCCAULEY, MCLAUGHLIN. Absent:
SMITH. A quorum is present.
CONSENT AGENDA:
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There
will be no separate discussion on these items unless the Chairman, a Commissioner, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in
a sequence determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of
Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of September 7, 2021.
B. FindinLys of Fact & Conclusions of Law for the Approval of A-05-19/RZ-11-19/RZ-
06-04 MOD4/CU-10-19/PPUD-07-19/PP-07-19 — Route 44 Crossing Subdivision — Jav
Walker: Jay Walker is requesting annexation, rezone from R1 and C2 (Estate Residential
and Community Commercial — Ada County designations) to C-1-DA-P (Neighborhood
Business District with a development agreement — PUD), development agreement
modification and conditional use permit, preliminary development plan, and preliminary plat
approvals for Route 44 Crossing Subdivision, a 71-lot (4 1 -single-family [inclusive of 9-
live/work lots], 10-commercial [inclusive of 2-storage unit lots], 20-common)
residential/commercial planned unit development. The 15.68-acre site is located at the
northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and
4400 West State Street. (MJW)
McLaughlin moves to approve the consent agenda as presented. Seconded by McCauley.
Discussion. Planner III, Williams recommends that the Commission omit from approving
the findings since the findings were not ready and available for tonight's meeting.
McLaughlin amends her motion to move item 3B to the October 4t' meeting. Seconded by
McCauley. ALL AYE... MOTION CARRIES.
UNFINISHED BUSINESS: NONE
PUBLIC HEARINGS:
A. ACTION ITEM. ZOA-01-21 — ZoninL- Ordinance Amendment— Citv of EaLyle: An
Ordinance of the City of Eagle, Ada County Idaho, amending Title 8 "Zoning", Chapters 1-7,
adding a new Chapter 12 "Development Along State Highways", and amending Title 9 "Land
Subdivisions", Chapters 1-6; providing a Severability Clause; and providing an effective date.
This item was continued from the September 7, 2021 Planning & Zoning Commission
meeting. (WEV)
Planning Administrator, Bill Vaughan provides an overview of the ZOA.
Chairman Wright opens the Public Hearing.
Tyler Hahn, 1765 N. Racing Water, Eagle. Mr. Hahn currently has an application in the
works. He is in favor of this ZOA and by passing this, it will make the process easier to
develop his land.
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Brand Shaw, 346 Mission Drive, Eagle, is in favor of this application. He has 4 acres and
would like to develop his property to keep his family here.
Becky Mckay, 1029 N Rosario, has concern about changing the definition of large scale
development. She recommends that the 50 lots is a good breaking point between small and
large developments.
Mick Ysurs, 1450 S. Artesian Road, Eagle, has concerns with Home Occupation, Class C. It
would open up for larger lots to have Event Centers and more commercial use within
residential areas. He does not feel it jives with the Comprehensive Plan.
Chairman Wright closes the Public Hearing.
Guerber makes a motion to pass this item to Council with the changes in place along
with the presentation tonight and recommends letting City Council make the final
decision. Seconded by McCauley. Discussion. ALL AYE ... MOTION CARRIES.
B. ACTION ITEM: CU-04-21/PPUD-04-21/PP-06-21 — Snoqualmie Basin Planned Unit
Development — Red Butte, LLC: Red Butte, LLC, represented by David Sterling, P.E., with
T-O Engineers, is requesting conditional use permit, preliminary development plan, and
preliminary plat approvals for Snoqualmie Basin Subdivision, a 35-lot (26-residential, 4-
commercial, 5-common) mixed use planned unit development. The 12.84-acre site is located
at the southwest corner of West Floating Feather Road and North Palmer Lane at 1833 North
Palmer Lane. (MJW)
David Sterling with TO Engineering, 2471 S. Tetonia, Meridian, provides an overview of the
application.
Sterling responds to questions from the Commission.
City Planner 111, Mike Williams provides an overview of the application.
Planner III, Williams responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
No one from the public would like to speak.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission.
Guerber makes a motion to approve this action item Snoqualmie Basin Development.
Remove site specific condition #5. Seconded by McLaughlin. ALL AYE... MOTION
CARRIES.
C. ACTION ITEM. A-07-21/RZ-08-21 & PP-10-21 — Rene Commons Subdivision —
Sterling Land Development, Inc.: Sterling Land Development, Inc., represented by Becky
McKay with Engineering Solutions, is requesting an annexation, rezone from RUT (Rural -
Urban Transition — Ada County designation) and RI (Estate Residential — Ada County
Designation) to R-4-DA (Residential with a development agreement), and preliminary plat
approval for Rene Commons Subdivision, a 22-lot (17-buildable, 5-common) residential
subdivision. The 5.58-acre site is located approximately 160-feet north of the intersection of
East Windrose Street and North Falling Water Way at 2425 East Floating Feather Road.
(DLM)
Beck McKay, 1029 N. Rosario, Meridian. McKay provides an overview of the application
and is in agreement with the conditions proposed.
City Planner II, Daniel Miller, provides an overview of the application.
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Planner II, Miller responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
Judy Dahl, 735 N Echohawk Way, Eagle. Dahl provides some history on the Comprehensive
Plan. Additionally, the developer did not talk to anyone else about vinyl fencing. She
expresses that the Commission needs to continue this application and reevaluate the traffic
flow.
Ms. Dahl answers questions from the Commission.
Planner II, Miller provides some clarification to Ms. Dahl's concerns regarding the
Comprehensive Plan map.
Planner III, Williams provides clarification on the access points to the proposed application
location.
McKay, the applicant's representative, addresses concerns raised during the Public Hearing
and provides rebuttal.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission.
McLaughlin moves to approve item C A-07-21/RZ-08-21 & PP-10-21 — Rene Commons
Subdivision — Sterling Land Development, Inc. to include a condition with the ITD
recommendation. Seconded by Guerber. ALL AYE... MOTION CARRIES.
Chairman Wright calls for a five-minute recess at 8:24 pm.
Chairman Wright calls the meeting back to order at 8:32 pm.
D. ACTION ITEM. A-06-21/RZ-10-21 & PP-12-21 — Pescara Estates Subdivision — 801 BTH,
LLC: 801 BTH, LLC, represented by Becky McKay with Engineering Solutions, LLP, is
requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation)
to R-E-DA (Residential -Estates with a development agreement), and preliminary plat approvals
for Pescara Estates Subdivision, a 10-lot (8-buildable, 2-common [1-private road]) residential
subdivision. The 16.34-acre site is located on the south side of East Beacon Light Road,
approximately 630-feet west of the intersection of East Los Luceros Drive and East Beacon Light
Road at 801 East Beacon Light Road. (DLM)
Becky McKay, 1029 W. Rosario, provides an overview of the application.
McKay responds to questions from the Commission.
City Planner II, Miller, provides an overview of the application.
Chairman Wright opens the Public Hearing.
Parker Fillmore, 1098 Los Luceros Drive, wants to keep the feel of this community, it is in
between understanding growth and how this development fits in with the current setting. His
question is, how is this adding value to the community? He is grateful we can have an open
conversation. He believes the architecture does not fit within the existing area.
Mike Perry, 650 Los Luceros Drive. He questions if each lot has well and septic and city
water? Both were mentioned. Another question is at the southern boundary, he is wondering
if the trees will be preserved.
Judy Dahl wants to know if this is an improvement or a destruction to the town.
Moreen Harrington, lives within the Vizcaya development, has concerns with water pressure.
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Planner III, Williams, provides clarification on the water pressure concerns.
McKay, the applicant's representative, addresses concerns raised during the Public Hearing
and provides rebuttal.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission.
McCauley moves to approve A-06-21/RZ-10-21 & PP-12-21 — Pescara Estates
Subdivision — 801 BTH, LLC: 801 BTH, LLC, with the staff recommendations for
condition of approval. Seconded by Guerber. Planner Miller states they could strike
condition number 4 to show public streets to private streets. McCauley amends his
motion to strike #4 as recommended by staff. Seconded by Guerber. ALL AYE...
MOTION CARRIES.
E. ACTION ITEM. RZ-13-21 — Rezone from BP to C-1-DA — Rudeen Architects: Rudeen
Architects, represented by Stephanie Hopkins with KM Engineering, is requesting a rezone from
BP (Business Park) to C-1-DA (Neighborhood Business District with a development agreement)
to establish "medical office" as a permitted use. The 1.03-acre site is located on the south side of
East McGrath Road approximately 380-feet southeast of the intersection of East McGrath Road
and East State Street. (DLM)
Stephanie Hopkins, with KM Engineering, 5725 N. Discovery Way, Boise. Hopkins provides
an overview of the application.
Matt Whitt, 350 N 9"' Street, Boise. The current Eagle location has outgrown their current
location. Which means they will move to this new location.
City Planner Il, Miller, provides an overview of the application.
Miller responds to questions from the Commission.
Chairman Wright opens the Public Hearing.
No one is in the audience to speak.
Chairman Wright closes the Public Hearing.
General discussion amongst the Commission.
McCauley makes a motion to approve RZ-13-21— Rezone from BP to C-1-DA — Rudeen
Architects with the following revisions change verbiage in 3.5 to revise to be consistent
with the current C1 zoning requirements. Change verbiage in 3.11 to state certificate of
occupancy instead of issuance of a zoning certificate. Change 3.13 to the date of June 1,
2022. And that we add an addendum 3.18 which says the entirety of the proposed 10-
foot-wide pathway shall be within the proposed pathway easement. Seconded by
McLaughlin. ALL AYE... MOTION CARRIES.
6. NEW BUSINESS: NONE
7. REPORTS:
A. Commission: Guerber states that there is a lot of action downtown with regard to Commercial
building. He also provides information on the fiber optic matter that the City is looking into.
B. City Attorney: None
C. Staff: None
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ADJOURNMENT:
McCauley moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 10:05 p.m.
RESPECTFULLY SUBMITTED:
CK
HOLY . CSENCSITS
CLE OF THE MEETING
APPROVED:
0-;;�7
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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CITY OF EAGLE - PLANNING & ZONING COMMISSION
15 P, PUBLIC HEARING SIGN -IN SHEET
ZOA-01-21 — Zoning Ordinance Amendment— City of Eagle: An Ordinance of the City of Eagle, Ada County Idaho,
amending Title 8 "Zoning", Chapters 1-7, adding a new Chapter 12 "Development Along State Highways", and
amending Title 9 "Land Subdivisions", Chapters 1-6; providing a Severability Clause; and providing an effective date.
This item was continued from the September 7, 2021 Planning & Zoning Commission meeting. (WEV)
September 20, 2021
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
A0
7
i Cl:
CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
ACTIONITEM: CU-04-21/PPUD-04-21/PP-06-21— Snoqualmie Basin Planned Unit Development — Red Butte,
LLC: Red Butte, LLC, represented by David Sterling, P.E., with T-O Engineers, is requesting conditional use permit,
preliminary development plan, and preliminary plat approvals for Snoqualmie Basin Subdivision, a 35-lot (26-
residential, 4-commercial, 5-common) mixed use planned unit development. The 12.84-acre site is located at the
southwest corner of West Floating Feather Road and North Palmer Lane at 1833 North Palmer Lane. (MJW)
September 20, 2021
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
rr CITY OF EAGLE - PLANNING & ZONING COMMISSION
G�V PUBLIC HEARING SIGN -IN SHEET
ACTIONITEM: A-07-21/RZ-08-21 & PP-10-21— Rene Commons Subdivision — Sterling Land Develo ment. Inc.:
Sterling Land Development, Inc., represented by Becky McKay with Engineering Solutions, is requesting an
annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) and R1 (Estate Residential — Ada
County Designation) to R-4-DA (Residential with a development agreement), and preliminary plat approval for Rene
Commons Subdivision, a 22-lot (I 7-buildable, 5-common) residential subdivision. The 5.58-acre site is located
approximately 160-feet north of the intersection of East Windrose Street and North Falling Water Way at 2425 East
Floating Feather Road. (DLM)
September 20, 2021
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PROICON�%
if
CITY OF EAGLE - PLANNING & ZONING COMMISSION
1�0 PUBLIC HEARING SIGN -IN SHEET
ACTIONITEM: A-06-21/RZ-10-21 & PP-12-21— Pescara Estates Subdivision — 801 BTH LLC: 801 BTH, LLC,
represented by Becky McKay with Engineering Solutions, LLP, is requesting an annexation, rezone from RUT (Rural -
Urban Transition — Ada County designation) to R-E-DA (Residential -Estates with a development agreement), and
preliminary plat approvals for Pescara Estates Subdivision, a 10-lot (8-buildable, 2-common [I-privateroad]) residential
subdivision. The 16.34-acre site is located on the south side of East Beacon Light Road, approximately 630-feet west of
the intersection of East Los Luceros Drive and East Beacon Light Road at 801 East Beacon Light Road. (DLM)
September 20, 2021
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
1
5 E CITY OF EAGLE - PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
ACTION ITEM: RZ-13-21 — Rezone from BP to C-1-DA — Rudeen Architects: Rudeen Architects, represented by
Stephanie Hopkins with KM Engineering, is requesting a rezone from BP (Business Park) to C-1-DA (Neighborhood
Business District with a development agreement) to establish "medical office" as a permitted use. The 1.03-acre site is
located on the south side of East McGrath Road approximately 380-feet southeast of the intersection of East McGrath
Road and East State Street. (DLM)
September 20, 2021
NAME (PLEASE PRINT) ADDRESS
TESTIFY? (Y/N) PRO/CON
SC oY J
r
,
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Year 2021
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Jadon Fulmer
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1231 n purple sage way
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Eagle ID 83616
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208-391-9066 fulmerelectric@gmail.corn
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ORDINANCE NO. 858
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8
"ZONING", CHAPTERS 1, 2 & ARTICLE 2A, 3, 6, 7, ADDING A NEW CHAPTER 12, AND
AMENDING TITLE 9 "LAND SUBDIVISIONS", CHAPTERS 1, 2, 3, 4, 5, 6; 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:
8-1-2: RULES AND DEFINITIONS:
Section 2: 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:
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure. In agricultural and
residential zones accessory uses/structures include, but are not limited to, accessory dwelling units,
detached carports and garages, pool houses and cabanas, amateur radio and satellite dish antennas,
barns, corrals, stables, and similar uses and structures, including accessory storage buildings. In
nonresidential zones accessory uses/structures include, but are not limited to, detached carports
and garages, caretaker's quarters, guardhouses, microwave and satellite dish antennas, and similar
uses and structures.
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ALLEY: A right of wa or common lot inclusive of an easement which provides vehicular
access to the rear or side of a property and is primarily intended to provide access for alley load
garages.
BACKAGE ROAD: A streetgenerally paralleling a state hi hwa with properties located
between the backa e road and the state highwav, which provides connectivity and access to said
properties fronting the state highway. Backage roads typically lie between section line roads
and/or half mile collector roads.
LOT FRONTAGE: The front of a lot shall be construed to be the portion st--,ad to the
street, except for alley load homes designed to face each other with common area pedestrian
access between fronts. In that case the front of the lot shall be the property line opposite of the
alley and adjacent to the common area pedestrian access. For the purpose of determining yard
frontage requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be
considered frontage and yards shall be provided as indicated under "yYards" in this section.
LOT WIDTH: Lot width shall be determined as follows: The distance between side lot lines
measured at a point midwav between the front and rear lot lines.
ef
a kept by, at the ke
STREET: A right of way; or common lot inclusive on an easement which provides for vehicular
and or vehicular and pedestrian travel aeeess �e adjaeerilc , the dedication or granting of
which has been officially aeoepted approved by a governmental agency for public or private
street purposes. The term "street" also includes the terms highway, thoroughfare, parkway, road,
avenue, boulevard, lane, place, or other such terms. Street types are defined as follows:
A o .. c eet Local Street:. + a y Y =r of r e ''difi
-4-4-,±iRI-
Primarily provides for access to abutting properties.
ate . e ., Stream
Collector Street: A^ee.pniea Primarily provides for circulation within and between
neighborhoods.
Arterial Street: Primarily P-provides for access from one part of the community to another
and also provides for the movement of vehicles through the community.
r .2.4—hich pr-vvhdesyehi�m£ rtr?u naccess-
Page 2 of 19
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Section 2: That Title 8, Chapter 2, Section 3, be and is hereby amended, to read as follows with
underline text to be added:
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
DISTRICTS
LAND USES
A
j A-R
R-E R L-O C-A C-1 C-2
I C-3
CBD M-1
BP
M-2
M-3
PS MU
RESIDENTIAL:
Home occupation,
Class A and B
P
P
P
P
P
P
P
Home Occupation,
Class C
C
C
C
C
Section 3: That Title 8, Chapter 2, Section 4, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
Note conditions:
1. Let ii;'-idthshall- a � ii�.. . 'Tt,-- distanee betweeri side let line
let + 1 e—e per 1 +
4
i
Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be the
minimum lot width specified within the zoning district or 35-feet, whichever is less.
Section 4: That Title 8, Chapter 2A, Section 6, Paragraph B (1) (k), be and is hereby amended, to
read as follows with underline text to be added and strike -through text to be deleted:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicen pol: tn, factory finish or equivalent, and shall include special design treatments to
enhance its appearance. These treatments may include brick or masonry wainscot treatments
along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the building
oriented toward the road.
—metall ,,;,gran i the pli + t,, w's t +
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K \Planning Dept\Eagle Applications\ZOA\2021\ZOA-01-21 Title Sand 9 update ord 858 pz version.docx
*' *-' idr -��' = '+= ' �* a i '; , mMetal siding shall also
be prohibited in the DDA, TDA, CEDA design review overlay district areas.
It is not the intent of these metal siding, requirements and prohibitions to inhibit creative and
innovative architecture. Therefore, alternative buildiniz desians that utilize metal, not
specifically meeting the requirements herein, may be permitted where the applicant shows, and
.the Citv Council finds that the metal is: architecturally compatible with surrounding buildings,
architecturally compatible with other nonmetal buildings in the area,• attractively landscaped
when feasible: and is designed toequal or exceed the city requirement to eliminate the stark
utilitarian look intended to be prevented by this subsection.
Section 5: That Title 8, Chapter 2A, Section 8, Paragraph C (8) (b), be and is hereby amended, to
read as follows with underline text to be added and strike -through text to be deleted:
8. Automated Signs:
b. Automated signs shall be prohibited in the downtown development area (DDA), the
transitional development area (TDA), a+id the community entry development area (CEDA), and
in all residential zoning districts.
Section 6: That Title 8, Chapter 3, Section 3, Paragraph G, be and is hereby added, to read as
follows with underline text to be added:
G. TRANSITIONAL LOT SIZING:
When development is planned with residential lots that directly abut existing residential lots that
the Council finds are not likely to be re -subdivided based upon the Comprehensive Plan and
other evidence provided as 12art of any application. a transition shall be jorovided to ensure lot
compatibility. Transitions shall take into consideration site constraints that may exist.
Examples of transition options, subject to City approval. include development of similar lot sizes
along the boundary. clustering of the new lots in order to provide opens ace directly abuttin
the existing lots including setbacks for the new lots similar to the lots directly abutting, or other
elements in the site desi n and building desi n that the city finds will soften the impact and
create a compatible transition.
Section 7: That Title 8, Chapter 3, Section 5, 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. Accessory Structure i'di
1. Will not be located in any required front or street side yard area within the R-E, R, and MU
zoning districts. Accessory structures bi,41-dtn located with the A and A-R zoning districts
may be permitted within the front or street side yard area and shall comply with the minimum
setbacks as required in section 8-2-4 of this title. The exterior design of the accessory
structures'arabe build g will be compatible with the principal residence on the lot and shall not
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detract from the single-family appearance of the lot or obscure and confuse the front entrance of
the principal structure;
2. Accessory structuresster-ageb ita:. gs less than two hundred (200) square feet in area with a
wall height of no more than seven feet (T) and a maximum height of no more than nine feet (9')
are permitted in any rear or interior side yard area;
3. Accessory structures bi412-i two hundred (200) square feet in area or larger shall
comply with the minimum setbacks as required in section 8-2-4 of this title and shall be limited to
a maximum height of twenty five feet (25'). Accessory storage buildings located within the R-E
zoning district shall be limited to a maximum height of thirty feet (30'). Accessory
structuresstefage buildiiigs located within the A and A-R zoning districts shall be limited to a
maximum height of thirty five feet (35');
4. The placement and use of any shipping/cargo container, railroad cars, truck vans, converted
mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated
items and structures as an accessory structure e.-age b,,:ta:: - or living unit is prohibited;
Section 8: That Title 8, Chapter 3, Section 5, Paragraph L (3) (c), be and is hereby amended, to
read as follows with underline text to be added:
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 conditional use permit for the home occupation
permit if deemed to be in compliance with Eagle City Code with conditions assuring said
compliance.
Section 9: That Title 8, Chapter 7, Section 2, Paragraphs A and C, be and are hereby amended, to
read as follows with underline text to be added and strike -through text to be deleted:
A. Zoning Permit:
4. Expiration and Revocation of Permit: If the work described in any zoning permit has not
begun within one year from the date of issuance thereof, said permit shall expire. It shall be
revoked by the administrator and written notice thereof shall be given to the persons affected.
Additionally, the administrator ma, in writing, suspend or revoke a zoning permit and may issue
a stop work order: upon an violation of an requirement, law, regulation, code or ordinance
related to property for which the zoning permit has been issued: whenever the permit is found to
have been issued in error: or on the basis of incorrect information having been supplied to the
city•
n n do + �n The ,,a rater-r+
.,t ,.� tt + r t tt t, a ,
-... --- - w.. �� ii b pefffiits ee i �. 4 ..,... � i-Ah d
iiiest
j' per -sons.
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Section 10: That Title 8, Chapter 7, Section 3-1, Paragraph C, be and is hereby added, with
underline text to be added:
8-7-3: CONDITIONAL USES:
8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
C. Exceptions or waivers of standards within Title 8 or Title 9 other than use, inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" ma be permitted
through issuance of a conditional use permit._
Section 11: That Title 8, Chapter 7, Section 3-2, Paragraph A, be and is hereby amended, with
underline text to be added:
8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES:
The commission/council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved, or section 8-7-3-1 (C) of this chapter, or as may otherwise be
established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the comprehensive plan and/or this title;
C. 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;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the proposed use
shall be able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. 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;
H. Will have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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Section 12: That Title 8, Chapter 7, Section 4, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
8-7-4: APPEALS, VARIANCES AND 14 Aga REQUESTS FOR RECONSIDERATION:
by the a,v ^+« + :, :.......... s 4efn the —teri is 41, is +y+lv and eqq, sts for he - A ^fF V,+orl
8-7-4-1: ADMINISTRATIVE APPEALS:
1
^+« + SU-0-11. nL ,li be +aL-_^ftar
a�^, �+1-
Of the
11 +
+;+ ,+; + « 1
1
a
Uper
pa&1
Zoning Administrator decisions may be appealed to the City Council. Any such appeal shall be
filed in accordance with the following procedures:
A. Who Mav Appeal: Appeals may be filed by anyone affected by the decision.
B. Appeal Period: Any appeal shall be filed within fourteen 14 calendar da s after the date
of the Zoniniz Administrator's written decision. If the last da for appeal is a day city hall
is closed, the ap eal period shall extend to the next day city hall is oven. Appeals filed
beyond the appeal period shall not be accepted.
C. Form of Appeal: An appeal shall be filed in writinja with the City Clerk. The appeal shall
clearly and concisely state the extent of the appeal. the applicable code section(s) being
appealed. the reason and rounds for the appeal. and the specific impact on the appellant.
The a eal shall be accompanied by the filing fee established by the City Council.
D. Effect of Appeal: An appeal stays all proceedings in furtherance of the action taken unless
the administrator certifies to the council after the notice of appeal is filed with hi that by
reason of facts stated in the application, a stay would, in his the administrator's opinion,
cause imminent peril to life and property. In such case, proceedings shall not be stayed
other than by a restraining order which may be granted by the council or by a court based
upon an application, with notice to the administrator showing due cause.
E. Decision on the A eal: The City Council mqy affirm affirm in part, reverse or modify
the decision being appealed. The Citv Council may adopt additional conditions of approval
as the facts warrant.
8-7-4-4: PROCEDURE FOR APPROVAL OF APPEAL A r OR A VARIANCE:
A. Public Hearing, Notice: Prior to granting a variance, public hearings in which interested
persons shall have an opportunity to be heard shall be held. The public hearing before the planning
and zoning commission shall be scheduled w4hin t1,i��0) days of after receipt of an application.
The commission shall follow the notice requirements provided by section S S of this chapter.
B. Action By Commission And Council: „zhin Ifigeer. (157R�s aAfter the public hearing, the
commission shall transmit its recommendation of approval, conditional approval or denial to the
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council. The city council shall follow the notice requirements provided by section '�_7-, of this
chapter and, _ .,ithi f afty gwe (^ 55) day-s after receipt of the commission's recommendation, the
council shall approve, conditionally approve or deny the request for appeal or variance.
Upon granting or denying an application, the council shall specify:
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 variance.
C. Notice To Applicant: `x'a'.:i : to : (? �, aa; aAfter a decision has been rendered, the
administrator shall provide the applicant with written notice of the action on the request.
8-7-4-5: REQUEST FOR RECONSIDERATION BY AFFECTED PERSONS:
A. Appeals Of City Council Decisions: For an application required or authorized pursuant to
the Local Land Use Planning Act, Aan affected person may seek judicial review of any final
decision of the city council.
1. A decision of the city council is not a final decision until it has been rendered in writing.
2. Any affected person seeking judicial review shall first seek reconsideration of the final
decision within fourteen (14) calendar days. Such written request shall be provided to the city clerk
along with any such fee as adopted by resolution of the city council and shall identify specific
deficiencies in the decision for which reconsideration is sought and the legal basis for relief.
3. In the event no action is taken by the city council within sixty (60) calendar days of receipt
of a request for reconsideration the request is deemed denied. If the city council chooses to
reconsider the final decision, the city council shall provide the applicant or affected person a
written decision on such action. The city council may then reopen the matter and have additional
public hearing(s) if it believes additional information is necessary. The notice for public hearing
shall comply with section 8-7-8 of this title.
4. Notice To Applicant Or Affected Person: Within ten (10) calendar days after the written
decision has been rendered, the administrator shall provide the applicant or affected person with a
written notice of the action on the request.
5. A failure to request reconsideration is a failure of the applicant or affected party to exhaust
administrative remedies.
Section 13: That Title 8, Chapter 7, Section 10, be and is hereby added, to read as follows with
underline text to be added:
8-7-10: APPLICATION DEEMED NULL AND VOID: Any application subiect to this code,
for which the applicant does not provide, in writing, the required submittal information as
specified in writing by the city shall be deemed null and void 30 days after the request by the cit
if the reauested information is not provided. The application fees shall not be refundable and a
new application and new fees will be required.
Section 14: That Title 8, Chapter 12, Sections 1, 2, 3, 4, be and are hereby added, to read as
follows with underline text to be added:
CHAPTER 12: DEVELOPMENT ALONG STATE HIGHWAYS
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12-1: PURPOSE
The regulations of this article are intended to limit propertaccess points along state highways in
order to maintain traffic flow and provide better traffic circulation and safety for land use planning
within the communitv.
12-2: APPLICABILITY
The following standards shall Uply to all development along state highways including. but not
limited to State Highwav 16. State HijahwU 20-26 State Highway 44. and State HijahwU 55.
12-3: PROCESS
All development applications shall be reviewed by the City to assure compliance with these
standards. The City Council ma consider and approve modifications to the standards of this
chapter upon specific recommendation of the Idaho Transportation Department or if strict
adherence is not feasible, as determined by the City Council.
12-4: STANDARDS
A. Access to and/or from State Highwav 16. State Hi hwav 20-26. State Hi hwav 44. and State
Highway
1. Use of existing drivewa a roaches shall be allowed to continue provided that all of
the following conditions are met.
a. The existing use is lawful and the access is permitted b ITD.
b. The intensity of an change of use does not increase the estimated number of
vehicle trips per day utilizing the access point.
2. If an a licant proposes a change of use increasing the intensity of use of a drivewa
a roach, the owner shall develop or otherwise acquire access to a street other than the
state hi hwa . The use of the existing drivewa approach shall cease and the drivewa
approach shall be abandoned and removed.
a. No new drivewav approaches directly accessing a state hijzhway shall be allowed.
b. Public street connections to -the state highway shall only be allowed at:
(1) The section line road; and
(2) The half mile mark between section line roads. These half -mile
connecting streets shall be developed as collector roads.
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3. The applicant shall construct a street, generally paralleling the state hi hwa , to Provide
future connectivity and access to all properties fronting the state highway that lie between
the applicant's Property and the nearest section line road and/or half mile collector road.
The intent is to provide for future connectivity and access to all properties fronting the state
hijahwav that lie between the a licant's property and the nearest section line road and/or
half mile collector road. The street shall be designed to collect and distribute traffic.
a. The a licant shall be responsible to construct the segment of the street within
the applicant's property. This standard is not intended to require off -site
improvements.
b. The street shall meet the road standards of the Ada Count Highway District.
c. The street shall connect to the section line road at a distance that is no closer than
six hundred sixtv (660) linear feet as measured from centerline to centerline from
the intersection with the state hi hwa .
d. For the purposes of this article such streets shall be termed "backa e roads".
e. Private streets may be considered by the council as otherwise provided within
Eagle City Code. Private streets shall be limited as may be determined by the City
Council to areas where there is sufficient access to surroundin properties and a
public street is not desirable in that location.
B. Desi n and construction standards for state hi hwa s.
1. The applicant shall have an approved permit from the Idaho Transportation Department
for construction of any access to the state highway and/or any construction to be done
within the highway right-of-wa.
2. The width of right-of-wav reservations shall be as set forth_bv the ITD.
Section 15: That Title 9, Chapter 1, Section 6, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
9-1-6: RULES AND DEFINITIONS:
ALLEY:A -Ai-ew eetpr-@N4diog seEeiidafy aeeessa4 t4e bae . side of a Yr Ye-- a r .-.-s-
1:6-eet. See Title 8, Chapter 1. Section 2.
w b""
ARTERIAL STREET.A i, + designated FP�=,666of
even,.. ,' f 4 n lee l .+«. fr.
D STREET. elf ;d to „ 1. A
1 �� � �, � . � .. � .J t,:. j' ., �. Nam: :'.... �b .,........,., .. ,..,,...,.fi: b
properties.
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STREET: A M + of , ,i.; >, pfem,4408 aeeesso + the 4edi a f , .'. idh
Yarn: 'way, r aa, a . e. e, b �1e���aee ra ether ^ie': + m s. See Title 8, Chapter 1,
Section 2
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of f; eleven
11 •) or more lots or dwelling units.
Section 16: That Title 9, Chapter 2, Section 3, 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. Approval Period:
1. The preliminary plat shall be null and void if a final plat application is not received by the
city and deemed complete by the Zoning Administrator within one year two years from the
approval date of the city council findings of fact and conclusions of law for the preliminary plat.
If an application for extension of time is received by the city prior to the expiration date of the
preliminaryplat A 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:
Section 17: That Title 9, Chapter 2, Section 3, Paragraph F, be and is hereby added, to read as
follows with underline text to be added:
F. Modifications of Approved Preliminary Plat:
The administrator shall review the Proposed modified prelimingy plat and determine the
processing based upon the scope of the change. The modified plat shall be classified in one of
the following three categories and shall be processed as stated:
1. No material change: If the administrator determines that the modifications do not
constitute a material change to the approved preliminary 12lat. the modified plat may be
approved by the city council as a part of the final plat a lication. To determine no material
change the administrator shall find that:
a. The modified preliminary plat is in compliance with all a licable codes, regulations
and conditions of approval; and
b. The number of lots not including common lots have not increased,• and
c. That the street confi uration has not substantially changed.
2. Minor material change: If the administrator determines that the modification(s) constitute
a minor material change to the approved Preliminary plat, the modified plat shall be
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scheduled for decision by the City Council through a public hearing with public notice as
required within Section 8-7-8 except that an additional neighborhood meeting shall not be
required. To determine minor material change the administrator shall find that:
a. The modified preliminary plat is in compliance with all applicable codes and
regulations. and
b. One or more of the conditions of approval are being rectuested to be deleted or modified;
and
c. The number of lots not including common lots have not increased-, and
d. The street configuration has not substantially changed.
3. Major material change: If the administrator determines that the modifications constitute
a major material change to the approved preliminary 12lat. the modified plat shall be
scheduled for recommendation by the Planning and Zoning Commission and decision by
the City Council. both through the public hearing process with public notice and an
additional nei hborhood meeting as required within Section 8-7-8. To determine major
material change the administrator shall find that the modified plat cannot meet the findings
required for sections 1 or 2 above.
Section 18: That Title 9, Chapter 2, Section 4, Paragraph A, be and is hereby amended, to read as
follows with underline text to be added and strike -through text to be deleted:
9-2-4: FINAL PLAT:
A. Filing Of Final Plat: After the approval or conditional approval of the preliminary plat, and
after approval of an design review application associated with the site, the sabdi . ide in au .,
the total pafeel or- ai+y paA thereof le be sitr-veyed and a final plat qpplication, pr-epafed in
,, may be submitted to the city. The subdivider shall
submit to the administrator the following:
Section 19: That Title 9, Chapter 3, Section 2, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
9-3-2: STREETS AND ALLEYS:
9-3-2-1: LOCATION AND DESIGN:
Street and road location and design shall conform to the following standards:
E. ic—Alleys: --r-eie
7: ess afi,aing; and
Public alleys shall be approved by the Ada County HighwLay District and Eagle Fire
District. Dead end public alleys shall be prohibited in all cases. Private alleys shall be a roved
by the Eagle Fire District and shall be in compliance with private alley regulations provided for
within this Title.
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9-3-2-6: PRIVATE STREETS AND PRIVATE ALLEYS:
Private streets and private alleys may be permitted, in the discretion of the council, subject to the
following:
7 ;+ l 1 +L :1 1 +L ..+ +l + + +
A. Com liance: The council must find that any proposed private streets or private alleys are in
compliance with each of the followinz criteria:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private streets and
or private alleys will serve to enhance the overall development.
2 The pfiai,a4e s+yvo+s ^n,a shall, pr-evide sSafe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking are provided.
3. The r: i : a4e streets shall:a aAdequate access for service and emergency vehicles is
provided.
4. The Yri :'ate :-,:r. t �c net advefsely of �ct aAccess er and good transportation planning to
adjacent property and to the area travel networks is not adversely affected.
Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets, or private alleys, do not
connect one public street to another, thereby encouraging travel through the development served
by the private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected to more
than one public street if access thereto is controlled by automatic gates or other control devices
approved by the council.
7. The use or alignment of the private streets or alleys doe -&-not interfere with the continuity
of public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys, including provisions for the funding thereof.
9. Private streets and private alleys are only permitted within a planned unit development
and are limited to providing access to no more than ten percent 10%1 of the lots, except that
private streets and rivate alleys may serve all single family attached dwelling lots.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private street and private alley construction shall be in accordance with Ada County
highway district's structural standards for streets and alleys including base course and asphaltic
concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the
city engineer and approved by the city council, and shall further be in accordance with Ada
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County highway district's intersection design and drainage requirements, or as may be
recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets and private alleys
shall meet such design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private streets are to be
placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet
(12') in width and private alleys shall contain 12aved travel lanes a minimum of ten feet 10') in
width and shall ^use provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic for private streets and vehicle traffic for private _alleys. Vertical
curbing shall be provided for private streets that are less than thirty-four feet (34') in total width.
Alleys may utilize other curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
However, alternative sidewalk and landscape strip desi ns may be a roved by the City Council
based upon a findimz made by the Council that characteristics and qualities of the development
'ustifv the alternate design. Sidewalks and planter strips, as referenced within subsection 9-4-1-
6F of this title, shall not be required along alleys.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not limited
to, designated parking and "no parking" areas, speed, stop, and such other signs as are required
for safe pedestrian and vehicle travel.
5. All private streets and private alleys shall, during the progress of construction, be
inspected and tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good engineering
and construction practices. Reports of such inspections and tests shall be submitted, together
with a certification of such compliance, for the review and approval by the city engineer.
of xxay, of All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection <-__2- tG of this
chapter and subject to the approval of the Eagle fire district and city engineer and provided
further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire
district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,
and city council.
d. Private streets and private alleys not exceedin 150-feet may terminate with no turn-
around if approved by the Eagle Fire District.
7. The design of all private streets and private alleys and related storm drainage facilities
shall be prepared by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design. Construction
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drawings, together with a certification of such conformity, shall be submitted for the review and
approval by the city engineer. No part of this section shall be construed as allowing a private
street that is not in conformance with current engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive standard
shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and private
Alley and drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a proposed
method for funding the same, including, but not limited to, the creation and maintenance of a
reserve fund for that purpose, shall be submitted with the final plat application for review and
approval by the city engineer and city council.
2. The location of the -private streets and private alleys shall be clearly depicted on the face
of the plat and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
streets or private alleys the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private streets or private
Alleys cannot be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private streets or private alleys
shall be recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make provision for
the perpetual maintenance of the private streets or private alleys in accordance with the approved
plan as provided for in subsection C 1 of this section. Said restrictive covenant shall also provide
that the said covenant shall run with the land and that the said covenant cannot be modified and
that the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and approved by
the city attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private streets or private alleys approved in
accordance with the provisions of this section to undertake such repair and maintenance
activities as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby; and the
owner or responsible entity shall, as a condition of approval of any such private street, be
deemed to have agreed to comply with any such order and to reimburse the city all of its costs,
including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by
the council pursuant to this subsection may be enforced by a court of competent jurisdiction and
the city shall be entitled to recover its costs and attorney fees incurred in connection therewith.
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D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all
respects, conform to all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets or private alleys have been determined to be an integral element
of the overall plan and scheme of the development or will serve to enhance the overall
development; provided, however, that any such waiver shall not be injurious to public health or
safety.
Section 20: That Title 9, Chapter 3, Section 6, Paragraphs A and B, be and are hereby amended,
to read as follows with underline text to be added and strike -through text to be deleted:
9-3-6: EASEMENTS:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. TA-t-al e-sen-w-MA, vl4id-th-411-all natbe less thaff �elm,�effeeet (12'}Easement width shall be
ten 00') feet along rear and front lot lines and five feet alona each side lot line except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the a
planned unit development.
B. A five foot (5') wide Uunobstructed drainageway easements shall be provided in conjunction
with the utility easement along each side lot lines or as required by the city council.- T-etal
�. ..�..�
except that lesser easement widths, to coincide with respective setbacks, may be considered as
part of the a planned unit development.
Section 21: That Title 9, Chapter 4, Section 1, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
9-4-1: IMPROVEMENTS REQUIRED:
9-4-1-5: STREETLIGHTS:
Unless determined otherwise by the city council as part of the design of the subdivision all
subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume ownership
of the streetlights and shall pay the cost of maintenance and power in perpetuity.
9-4-1-6: PEDESTRIAN/BICYCLE PATHWAY AND SIDEWALK REGULATIONS:
F. SIDEWALK DESIGN:
1. Sidewalks, a minimum five feet (T) wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at the
building setback line, is over one hundred feet (100% and the street is designated a local street,
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sidewalks on only one side of the street may be allowed. This sidewalk exception shall not be
permitted on collectors. arterials, or section line streets.
Section 22: That Title 9, Chapter 5, Section 3, be and is hereby amended, to read as follows with
underline text to be added:
9-5-3: HILLSIDE SUBDIVISIONS:
All hillside subdivisions shall be submitted as a Planned Unit Development.
9-5-3-4: GRADING PLANS:
The developer shall retain a professional enaineer(s) to obtain the following information:
A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each hillside
preliminary plat proposal and shall include the following information:
1. Approximate limiting dimensions, evaluations or finish contours to be achieved by the
grading, including all cut and fill slopes, proposed drainage channels and related construction;
2. Preliminary plans and approximate locations of all surface and subsurface drainage
devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be
constructed; and
3. A description of methods to be employed in disposing of soil and other material that is
removed from the grading site, including the location of the disposal site.
B. Final Grading Plan: A final grading plan shall be submitted with each final plat and shall
include the following information:
1. Limiting dimensions, evaluations or finish contours to be achieved by the grading,
including all proposed cut and fill slopes and proposed drainage channels and related
construction;
2. Detailed plans and locations of all surface and subsurface drainage devices, walls, dams,
sediment basins, storage reservoirs and other protective devices to be constructed; and
3. A schedule showing when each stage of the project will be completed, including the total
area of soil surface which is to be disturbed during each stage together with estimated starting
and completion dates. In no event shall the existing natural vegetative ground cover be
destroyed, removed or disturbed more than fifteen (15) days prior to grading.
9-5-3-5: DEVELOPMENT STANDARDS:
A. Soils:
1. Fill areas shall be prepared by removing organic material such as vegetation and rubbish,
and any other material which is determined by the soils engineer to be detrimental to proper
compaction or otherwise not conducive to stability. No rock or similar irreducible material with a
maximum dimension greater than eight inches (8") shall be used as fill material in fills that are
intended to provide structural strength.
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2. Fills shall be compacted to at least ninety five percent (95%) of maximum density, as
determined by AASHTO T99 and ASTM D698.
3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface drainage
shall be provided as necessary for stability.
4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be
located on natural slopes two to one (2:1) or steeper, or where fill slopes toes out within twelve
feet (12') horizontally of the top of an existing or planned cut slope.
5. Tops and toes of cut and fill slopes shall be set back from property boundaries a distance
of three feet (3') plus one -fifth (115) of the height of the cut or fill but need not exceed a
horizontal distance of ten feet (10').Tops and toes of cut and fill slopes shall be set back from
structures, including_ pools and water features a distance of six feet (6') plus one -fifth (115) the
height of the cut or fill, but need not exceed ten feet (10').
9-5-3-9: ADDITIONAL PLAT REQUIREMENTS:
A. All subdivision plats shall identifv and designate the tops and toes of cut and fill slopes and
the associated structure setback line as required by Section 9-5-3-5 (A)(5
B. All subdivision plats shall contain notes that warn prospective buyers of proDertv that anv
modification(s) to the slopes will be required to be permitted under the city of Eagle hillside
ordinance.
C. All subdivision plats shall contain note(s) that refer to the required Vegetation and
Maintenance plans required under Section 9-5-3-6 and 9-5-3-7 of this code.
Section 23: That Title 9, Chapter 5, Section 5, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
9-5-5: LARGE SCALE DEVELOPMENT SUBDIVISIONS; REQUIRED INFORMATION:
Large scale development subdivisions he R 2 R 3, R 4, and r " -----9 di trier
shall be submitted as planned unit developments. Due to the impact that a large-scale development
would have on public utilities and services, the developer shall submit the following information
along with the preliminary plat:
A. Identification of all public services that would be provided to the development including,
but not limited to, fire protection, police protection, central water, central sewer, road
construction, parks and open space, recreation, maintenance, schools and solid waste collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the
public services would not be offset by tax revenue received from the development.
Section 24: That Title 9, Chapter 6, Section 7, be and is hereby added, to read as follows with
underline text to be added:
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9-6-7: APPLICATION DEEMED NULL AND VOID: Any application subject to this title, for
which the applicant does not provide, in writing, required submittal information asspecified in
writing by the citv shall be deemed null and void 30 days after the request by the city if the
requested information is not yrovided to the city. The application fees will not be refundable and
a new application and new fees will be required.
Section 25: 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 26: 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 50-901 A, Idaho Code, may be published.
Approved and adopted this day of , 2021.
CITY OF EAGLE
Ada County, Idaho
JASON PIERCE
MAYOR
ATTEST:
TRACY E. OSBORN
CITY CLERK
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