Ordinance - 2021 - 858 - Amending Title 8 And Title 9 - 10/26/2021 •
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 way 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 street, generally paralleling a state highway with properties located
between the backage road and the state highway, 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 nearest adjacent 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 yar-d
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 midway between the front and rear lot lines.
D4\7 A TE D O A D. A road street alley er—bridge-thet-is-net-leid-eut-er—estab.lisheci- the-state-ef
accepted by such entity or uscd by the pubic fer a period of not loss than five(5)years and
STREET: A right of way;or common lot inclusive on an easement which provides for vehicular
and or vehicular and pedestrian travel access to adjacent properties,the dedication or granting of
which has been officially accepted 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:
Access Street Local Street: A minor street which has the primary purpose of providing
aeeess-te-abutt-ing-pr-epefties, Primarily provides for access to abutting properties.
Alley: A minor street providing seeendary access at the back or side of a property
Collector Street:Aseeminedates Primarily provides for circulation within and between
neighborhoods.
Arterial Street: Primarily Pprovides for access from one part of the community to another
and also provides for the movement of vehicles through the community.
Pr: „te Street. A street that ; „t a pted by nt a f r ublic
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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 A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
RESIDENTIAL:
Home occupation, P P P PP P P
Class A and B
Home Occupation, C C C C
Class 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:
I. Lot width shall be determined as follows: The distance between side lot lines measured at a
front adjacent to a public or private street, for all residential zoning districts shall be 35 feet.
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
silicon polyester 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.
A waiver of this subsection B-1-k et-metal siding may be allowed where the applicant shows that
to eliminate the stark utilitarian leek intended to be prevented by this subsection.
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In-addition40414e-metal-siEling-prehibitiefi-listed4n-this-s.ubseet-ien-B44c-7k i tMetal 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 building designs that utilize metal, not
specifically meeting the requirements herein, may be permitted where the applicant shows, and
the City 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 to equal 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),and the community entry development area(CEDA), and
in Residential and Public/Semipublic 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 part of any application, a transition shall be provided 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 open space directly abutting
the existing lots, including setbacks for the new lots similar to the lots directly abutting, or other
elements in the site design and building design 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 StructureStorage Building:
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 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
structure 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 structuresctorage buildings less than two hundred (200) square feet in area with a
wall height of no more than seven feet (7') and a maximum height of no more than nine feet (9')
are permitted in any rear or interior side yard area;
3. Accessory structuresstorage buildings 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
structuresGtorage buildings 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 structurestorage b„ild ng 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:
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 may, in writing, suspend or revoke a zoning permit and may issue
a stop work order; upon anv violation of any 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.
C. Record Of Zoning Pc is And Certificates-Of Occupancy:The administrator shall maintain
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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" may 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;
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 HEARINGS REQUESTS FOR RECONSIDERATION:
The council shall considcr administrative appeals where it is alleged that an error has bccn made
persons.
8-7-4-1: ADMINISTRATIVE APPEALS:
administrator by filing with the administrator and with the council a notice of appeal specifying
..11 the p nstituting the r ord. .,hich the . .,l is baseel
Zoning Administrator decisions may be appealed to the City Council. Any such appeal shall be
filed in accordance with the following procedures:
A. Who May Appeal: Appeals may be filed by anyone affected by the decision.
B. Appeal Period: Any appeal shall be filed within fourteen (14) calendar days after the date
of the Zoning Administrator's written decision. If the last day for appeal is a day city hall
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is closed, the appeal period shall extend to the next day city hall is open. Appeals filed
beyond the appeal period shall not be accepted.
C. Form of Appeal: An appeal shall be filed in writing 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 grounds for the appeal, and the specific impact on the appellant.
The appeal 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-himthat 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 Appeal: The City Council may affirm, affirm in part, reverse, or modify
the decision being appealed.The City Council may adopt additional conditions of approval
as the facts warrant.
8-7-4-4: PROCEDURE FOR APPROVAL OF APPEAL 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 within thirty(3 )days of after receipt of an application.
The commission shall follow the notice requirements provided by section 8-7-8 of this chapter.
B. Action By Commission And Council: aAfter the public hearing,the
commission shall transmit its recommendation of approval, conditional approval or denial to the
council. The city council shall follow the notice requirements provided by section 8-7-8 of this
chapter and, within forty five (15) days 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:
C. Notice To Applicant: Within ten (10) days 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 any 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.
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 subject to this code for
which the applicant does not provide the required submittal information as specified in writing
by the Zoning Administrator shall be deemed null and void 60 days after the request is made by
the city if the information is not provided. This deadline may be extended at the discretion of the
Zoning Administrator if it is determined that the applicant is making a good faith effort to
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produce the requested information. Once deemed null and void,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
12-1: PURPOSE
The regulations of this article are intended to limit property access points along state highways in
order to maintain traffic flow and provide better traffic circulation and safety for land use planning
within the community.
12-2: APPLICABILITY
The following standards shall apply to all development along state highways including, but not
limited to, State Highway 16, State Highway 20-26, State Highway 44, and State Highway 55.
12-3: PROCESS
All development applications shall be reviewed by the City to assure compliance with these
standards. The City Council may 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 Highway 16, State Highway 20-26, State Highway 44, and State
Highway 55.
1. Use of existing driveway approaches 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 by ITD.
b. The intensity of any change of use does not increase the estimated number of
vehicle trips per day utilizing the access point.
2. If an applicant proposes a change of use increasing the intensity of use of a driveway
approach, the owner shall develop or otherwise acquire access to a street other than the
state highway. The use of the existing driveway approach shall cease and the driveway
approach shall be abandoned and removed.
a.No new driveway approaches directly accessing a state highway shall be allowed.
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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.
3. The applicant shall construct a street, generally paralleling the state highway,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
highway that lie between the applicant'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 applicant 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 County Highway District.
c.The street shall connect to the section line road at a distance that is no closer than
six hundred sixty(660) linear feet(as measured from centerline to centerline)from
the intersection with the state highway.
d. For the purposes of this article, such streets shall be termed "backage 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 surrounding properties and a
public street is not desirable in that location.
B. Design and construction standards for state highways.
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-way.
2. The width of right-of-way reservations shall be as set forth by 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: ^ mi street p :,di., a nd o t the baeIE i le of a ert othe
et,See Title 8, Chapter 1, Section 2.
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properties.
PRIVATE STREET: A right of way which pr
a driveway as defined in subsection 9 3 2 1 J of this title.
STREET: ^ right ofway which p ides s to adjacent p pernes,the dedication of which
has been officially accepted. The term "street" also includes the terms highway, thoroughfare,
parkway, road, avenue, boulevard, land,place and other such terms. See Title 8, Chapter 1,
Section 2
LARGE SCALE DEVELOPMENT: A subdivision,the size of which consists of fifty(50)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
preliminary plat 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 preliminary 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 modification(s) do not
constitute a material change to the approved preliminary plat, the modified plat may be
approved by the city council as a part of the final plat application. To determine no material
change the administrator shall find that:
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a. The modified preliminary plat is in compliance with all applicable codes, regulations
and conditions of approval; and
b. The number of lots(not including common lots)have not increased; and
c. That the street configuration 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
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 requested 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 modification(s) constitute
a major material change to the approved preliminary plat, 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 neighborhood 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 any design review application associated with the site,
the total parcel or any part thereof to be surveyed and a final plat application, prepared—in
accordance with the ed ^ eli., inapy plat 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:
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E. Public Alleys: Public alleys shall-be provided in multiple dwelling or commercial
made for service access and off street loading and
parking. Public alleys shall be approved by the Ada County Highway District and Eagle Fire
District. Dead end public alleys shall be prohibited in all cases. Private alleys shall be approved
by the Eagle Fire District and shall be in compliance with private alley regulations provided for
within this Title.
9-3-2-5: PRIVATE STREETS AND PRIVATE ALLEYS:
Private streets and private alleys may be permitted, in the discretion of the council, subject to the
following:
A. Compliance: Private streets may provide access to oo more tha ten percent ( 0%) o fthe
ar~ co un ith h ft>1 foil t. c d
v 1i1 VVulr/11(.411v C—fiTCi1Z7LCGITV2-C121. CCIIIITCLI'CTY
A. Compliance: The council must find that any proposed private streets orprivate alleys are in
compliance with each of the following 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 private streets and shall provide sSafe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking are provided.
3. The private streets shall-provide aAdequate access for service and emergency vehicles is
provided.
4. The private streets do not adversely affect aAccess Of and good transportation planning to
adjacent property and to the area travel networks is not adversely affected.
5.
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 does-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%) of the lots, except that
private streets and private alleys may serve all single family attached dwelling lots.
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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
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 paved travel lanes a minimum of ten feet(10') in
width and shall otherwise 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 designs may be approved by the City Council
based upon a finding made by the Council that characteristics and qualities of the development
justify 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.
6.
of way,or 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 9-3-2-1 G 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
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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 exceeding 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
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 Cl 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
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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.
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. Total casement width shall not be less than twelve feet(12') Easement width shall be
ten (10') feet along rear and front lot lines and five feet along 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:Total
t
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,Aall
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.
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9-4-1-6: PEDESTRIAN/BICYCLE PATHWAY AND SIDEWALK REGULATIONS:
F. SIDEWALK DESIGN:
1. Sidewalks, a minimum five feet(5')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 streets
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 engineer(s)to obtain the following information:
9-5-3-5: DEVELOPMENT STANDARDS:
A. Soils:
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(1/5) 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(1/5)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 identify 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 note(s) that warn prospective buyers of property that any
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:
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Large scale development subdivisions ,
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:
Section 24: That Title 9, Chapter 6, Section 7, be and is hereby added, to read as follows with
underline text to be added:
9-6-7: APPLICATION DEEMED NULL AND VOID: Any application subject to this code for
which the applicant does not provide the submittal information as specified in writing by the
Zoning Administrator shall be deemed null and void 60 days after the request is made by the city
if the information is not provided. This deadline may be extended at the discretion of the Zoning
Administrator if it is determined that the applicant is making a good faith effort to produce the
requested information. Once deemed null and void, the application fees shall 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 50-901A, Idaho Code, may be published.
Approved and adopted this 4, day of O ,47 t f , 2021.
CITY OF EAGLE
Ada C• i Idaho
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MAYOR
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SUMMARY OF
ORDINANCE NO.858
The following is a summary of Ordinance No. 858, adopted by the City Council of the City of
Eagle, Ada County, Idaho, on October 26, 2021:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 8
"ZONING", CHAPTERS 1,2,ARTICLE 2A,3, 6,AND 7,AND ADDING A NEW CHAPTER 12;
AMENDING TITLE 9"LAND SUBDIVISIONS",CHAPTERS 1,2,3,4,5,AND 6; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Section 1 through 22: Amends and enacts sections of City Code in Title 8, Zoning, and Title 9, Land
Subdivisions. More specifically, it amends: rules and definitions, the schedule of district use regulations,
the schedule of building height and lot area regulations, design requirements and objectives, sign
regulations, supplemental yard and height regulations,unique land uses,zoning permits and certificates of
occupancy, the purpose and interpretation of conditional use, appeals and requests for reconsideration,
development along state highways, plat approvals, street and alley location and design, easements,
streetlights, sidewalk design, grading plans, development standards and plat requirements, large scale
development subdivisions,and applications being deemed null and void.
Section 23 through 24: Provides that this ordinance shall be in full force and effect from and after its
passage, approval, and publication, according to law; provides for severability; repeals conflicting
ordinances,resolutions,and orders.
The full text of Ordinance No. 858 is available at City Hall, on the City website, and will be provided to
any citizen upon personal request during normal office hours.
Provides an effective date and for publication by summary.
Jason Pierce,Mayor
Attest: Tracy E. Osborn,City Clerk
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. 858 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 It day of November 2021.
kt/41 K÷i
Victor Villegas r
Borton-Lakey Law& Policy
City Attorney, City of Eagle