Ordinance - 1997 - 302 - Amend Title 9 Land Subdivisions/Design Standards Streets & Alleys - 08/19/1997ORIGINAL
ORDINANCE # 302
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING
EAGLE CITY CODE, TITLE 9 "LAND SUBDIVISIONS", CHAPTER 3 "DESIGN
STANDARDS", SECTION 2, "STREETS AND ALLEYS".
WHEREAS, The City of Eagle proposes to modify subdivision requirements related to
public and private streets.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Section 9-3-2, is amended to delete the strike -through text
and add the underlined text follows:
9-3-2: STREETS AND ALLEYS:
9-3-2-1: LOCATION: Street and road location shall conform to the following
standards:
A. Street Location and Arrangements: When an official street plan or comprehensive
development plan has been adopted, subdivision streets shall conform to such
plans.
B. Minor Streets: Minor streets shall be so arranged as to discourage their use by
through traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets
in new subdivisions shall be such that said streets extend to the boundary line of
the tract to make provisions for the future extension of said streets into adjacent
areas, and shall have a cul-de-sac or temporary cul-de-sac. A reserve street may
be required and held in public ownership.
D. Relation to Topography: Streets shall be arranged in proper relation to topography
so as to result in usable lots, safe streets and acceptable gradients.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial
subdivisions unless other provisions are made for service access and off-street
loading and parking. Dead-end public alleys shall be prohibited in all cases.
F. Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall
be required that there be frontage roads approximately parallel to and on each side
of such arterial street; or, such other treatment as is necessary for the adequate
protection of residential properties and to separate through traffic from local
traffic.
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G. Cul-de-sac Streets: Cul-de-sac streets shall not be more than five hundred feet
(500') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way with the following exceptions:
1. Alternative types of turnarounds for cul-de-sacs which will provide access
to less than thirteen (13) dwelling units may be permitted by the City if ao proved
by the Fire Department and the Highway District having iurisdiction.
2. In zoning districts which prohibit densities greater than one dwelling unit
per two acres. cul-de-sac streets uo to a maximum of fifteen hundred feet (1.500)
in length may be permitted by the City if approved by the Fire Department and the
Highway District having iurisdiction. No more than twenty dwelling units shall
be permitted on said cul-de-sac.
3. In zoning districts which prohibit densities greater than one dwelling unit
Der five acres. cul-de-sac streets up to a maximum of twenty eight hundred feet
(2.800) in length may be permitted by the City if approved by the Fire Department
and the Highway District having iurisdiction. No more than twenty dwelling units
shall be permitted on said cul-de-sac.
H. Half Streets: Half streets shall be prohibited except where unusual circumstances
make such necessary to the reasonable development of a tract in conformance
with this Title and where satisfactory assurance for dedication of the remaining
part of the street is provided. Whenever a tract to be subdivided borders on an
existing half or partial street, the other part of the street shall be dedicated within
such tract. (Ord. 171, 10-9-1990)
I. Private Streets: Private streets may be permitted in accordance with the provisions
of Section 9-3-2-5 of this Chapter. (Ord. 273, 3-26-1996)
J. Driveways: Driveways providing access to no more than two (2) dwelling units
shall be allowed within any subdivision. (Ord. 171, 10-9-1990)
9-3-2-2: STREET WIDTHS:
A. Street and road right-of-way widths, grade, alignment, and so forth, shall conform
to the adopted major street plan or Comprehensive Plan and
- - • - - - .. - • - _ shall be
approved by the highway district and/or other agency having jurisdiction.
B. Notwithstanding subsection A above, access from a frontage road onto an arterial
street shall be limited to one thousand five hundred feet (1,500') between points.
(Ord. 88, 11-15-1983)
9-3-2-3: INTERSECTIONS: Intersection shall conform to the following
standards:
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A. Angle of Intersection: Anales of sStreetc mal is rsect and driveway intersections
shall be approved by the hiahwav district having iurisdiction.-at-Hinety degrees
tan se enty degreeo (70(2)
B. Sight Triangles: Minimum clear sight distance at all street and driveway
intersections shall be approved by the hiahwav district havine iurisdiction. permit
C. Number of Streets: No more than two (2) streets shall cross at any one
intersection.
D. "T" Intersect erc: "T" irtircectiert
E.
F.
c &AR 1-.
slap rtEr. i terseetienc. ''_ kiE #fit-sectier_ el►ful k,9 -extended -a
t2►_ irLtc
few -per -sent -0%) ii ii113-43' n, will be pe itted.(9rd. 88, 11 1S 9S3
9-3-2-4: STREET NAMES: The naming of streets shall conform to the following
standards:
A. A street name shall not duplicate any existing street name within the County
except where a new street is a continuation of an existing street. Street names that
may be spelled differently but sound the same as existing street names shall not be
used.
B. All new streets shall be named as follows:
1. Streets having a predominately north -south direction shall be named "avenue
or "road", except for section line streets which shall be named "road".
2. Streets having a predominately east -west direction shall be named "street
"way". except for section line streets which shall be named "road".
3. Meandering streets having a predominately north -south direction shall be
named "Way". "drive", "lane", "path" or "trail".
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4. Meandering streets having a predominately east -west direction shall be named
"drive".
4 5. Cul-de-sacs having a predominately north -south direction shall be named
"circle", "court" or "place".
6. Cul-de-sacs having a predominately east -west direction shall be named
"court".
9-3-2-5: PRIVATE STREETS: Private streets may be permitted, in the discretion
of the Council, subject to the following:
A. General Regoifei Findings -Standards: Private streets may be permitted if
the Council fie& determines that the private street is in compliance with each of
the following standards:
1. Unique or special circumstances exist with respect to, by way of exemple b t
nom, the proposed use, design, location, topography, or other features of
the development or its surroundings such that private streets will serve to enhance
the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency
vehicles;
4. The private street does not adversely affect access of good transportation
planning to adjacent property and to the area travel networks.
5. The private street does not landlock adjacent property due to topography or
parcel layout;
6. Other than to provide emergency access, the private street does not connect
one public street to another, encouraging travel through the development served
by the private street;
7. The use or alignment of the private street does not interfere with the continuity
of public streets; and
8. An appropriate mechanism has been established for the repair and maintenance
of the private street, including provisions for the funding thereof.
B. Construction and Design Standards: Private streets shall conform to the following
construction and design requirements:
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1. All private street construction shall be in accordance with Ada County
Highway District's structural standards for streets including base course and
asphaltic concrete mat thickness utilizing the appropriate traffic index or as may
be recommended bv the City Engineer and approved bv 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 bv the City
$igineer and approved bv the City Council, with the following exceptions to the
ACHD structural standards. if recommended by the City Engineer azd approved
by the City Council:
a. Private streets accessing less than eleven (11) but more than two (2)
dwelling units. in zoning districts which prohibit densities greater than one
dwelling unit Der two acres. shall have a minimum base course consisting of six,
inches (6") of compacted 3/4 minus crushed gravel with a minimum of two and
one half inches (2 '/Z") of asphaltic concrete.
b. Private streets accessing two (21 or less dwelling units. in zoning districts,
which prohibit densities greater than one dwelling unit Der two acres, shall have a
minimum roadway surface consisting of six inches (6") of compacted % minus
crushed gravel with no asphaltic concrete required, except as may be required at
the public road intersection, bv the Highway District having jurisdiction.
2. Except as may be otherwise set forth in this Section , private streets 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, including, in the discretion of the Council, provisions for
sidewalks, curbs, and gutters; provided, however, that all private streets shall
contain paved travel lanes a minimum of twelve feet (12') in width (except as
noted herein) and shall otherwise provide for the safe, convenient and effective
movement of both vehicular and pedestrian traffic. Travel lanes for private streets
accessing less than eleven (111 but more than two (21 dwelling units shall be
paved a minimum of 10 feet (10') in width (20 -feet minimum total road width).
Travel lanes for private streets accessing two (2) or less dwelling units shall not be,
required to be paved and shall be a minimum of 10 feet (10') in width (20 -feet
minimum total road width).
3. 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.
4. All private streets 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
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inspections and tests shall be submitted, together with a certification of such
compliance, for the review and approval by the City Engineer. An informational
copy of the report shall be provided to ACHD.
5. All private streets shall originate in a public right of way and terminate in a
public right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac in which islands may be designed 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 other wise approved
by the Eagle Fire District and the City Engineer; or
c. Such other turnaround area as may be approved by Council.
6. Unless expressly provided, none of the provisions of Chapters 3 and 4, Title 9
of this Code, shall be applicable to private streets. Notwithstanding the foregoing,
the provisions of Sections 9-3-2-4 and 9-4-1-4 of this Title shall be applicable to
private streets.
7. The design of all private streets 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.
C. Access and Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street
and drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefore 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 to the City Council for review and approval prior to execution of the
final plat by the City.
2. The location of the private street 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 street the perpetual right of ingress and egress over the described
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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
street 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 street 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 street in accordance
with the approved plan as provided for in subsection C1 hereof. 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 street 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
therefore 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
attorneys' 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
attorneys' fees incurred in connection therewith. (Ord. 273, 3-26-1996)
Section 2: 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 3: 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.
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DATED this I Oh day of, 1997.
ATTEST:
CITY OF EAGLE
Ada Co y, Idaho
RICK YZAG
MAYOR
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