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Minutes - 2022 - City Council - 07/12/2022 - Regular
EAGLE CITY COUNCIL MEETING MINUTES July 12, 2022 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GINDLESPERGER, PIKE, RUSSELL, BAUN. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS. DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests.: None B. Mayor or City Council requests. None 5. REPORTS: A. Mayor and Council Reports: Pike reports on the Sewer District meeting, they are currently beginning their budget workshops. B. City Hall Department Supervisor Reports: None C. City Attorney Report: None 6. PUBLIC COMMENT 1This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times, the City Council may seek comments/opinions regarding specific City matters during this allotted time. This is not the time slot to give formal testimony on a public hearing matter, land use application, or comment on a pending application or proposal. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. Hank Allen 687 W. Rush Ct. Eagle, Idaho. Mr. Allen states that Verzion is attempting to install another cell tower. It is being proposed in Ada County. His group was recently instrumental in obtaining the denial of a proposed cell tower in Star. Mr. Allen is recommending a wireless ordinance to move towards regulating these towers and provides a copy of an ordinance for reference. Discussion. 7. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS: 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 Mayor, a Councilmember, 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 City Council. • Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. (TEO) B. Minutes of June 28, 2022 . (TEO) C. Reappointment to the Development Impact Fee Advisory Committee: In accordance with Resolution 14-19, Mayor Pierce is requesting Council confirmation of the reappointment of Robert Grubb to the Development Impact Fee Advisory Committee. Mr. Grubb will be serving a four (4) year term that will expire March 2026, nunc pro tunc. (JWP) D. Findings of Fact and Conclusions of Law for the Approval of CU-05-22 — Waiver of Lot Coverage — Jared Borgj Jared Borg, represented by Curt Barber, is requesting a conditional use permit to waive the 15% lot coverage requirement of the R-E zone to permit the construction of a 5,400 square foot detached garage building, bringing total lot coverage up to 16.3%. The 1.9 acres site is situated on the North side of West Washam Road, at 1450 West Washam Road. (MNB) Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-12-22min.docx E. Findings of Fact and Conclusions of I.aw for the Approval of A-12-21/RZ-18-21 & PP- 19-21 — Farmstead Landing Subdivision — WH Eagle 80. LLC: WH Eagle 80, LLC, represented by Dave Yorgason, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R-2-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Farmstead Landing Subdivision, a 169-lot (140- buildable, 29-common) residential subdivision. The 80.23-acre site is located on the north side of West Floating Feather Road between North Park Lane and North Linder Road. (MNB) F. Findings of Fact and Conclusions of Law for the Approval of FPUD-03-22 & FP-03-22 — Final Development Plan and Final Plat for Molinari Park Subdivision No.2 — Molinari Park Development. LLC: Molinari Park Development, LLC, represented by KM Engineering, LLP, is requesting final planned unit development and final plat approvals for Molinari Park Subdivision No.2, a 71-lot (59-buildable, 12-common), mixed -use subdivision. The 6.5-acre site is located at the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive. (MNB) G. Franchise agreement between the City of Eagle and Veolia Water Idaho. Inc: A franchise agreement between the City of Eagle and Veolia Water Idaho, Inc., as allowed in Idaho Code 50- 328, 50-329 and 50-329A. (TEO) H. greement Between the City of Eagle and High Desert Strategic. LLC: Agreement between the City of Eagle and High Desert Strategic, LLC to provide recreational opportunities, specifically Gun Safety at a compensation of 50% of the total revenue generated. (TPL) I. Agreement Between the City of Eagle and Karen Manthev: An agreement between the City of Eagle and Karen Manthey to provide recreational opportunities, specifically Comedy Camp at a compensation of 50% of the total revenue generated. (TPL) J. Declaring a Sole Source Procurement with D&S Electrical Supply - IF: This declaration is based on the determination that D&S Electrical Supply -IF is the only vendor reasonably available to provide the required purchase under Idaho Code 67-2808 (a)(vl 11) and 67-2808(2)(b). (VV) K. gle Greenbelt Trail and Repairs - Pay Application No. 3 — TDX Power Services LLC.: Authorization of Payment to TDX Power Services, LLC, in the amount of $ $330,761.50 for the partial completion of Project CM- 2 (Greenbelt Bank & Trail Repairs and Mitigations), awarded by Council on 2/8/2022 for a total cost of $1,397,020.00. (STN) L. Real Estate License Agreement Between the City of Eagle and GWC Capital. LLC: A Real Estate License Agreement between the City of Eagle and GWC Capital, LLC for the City to utilize and occupy the licensed area located at 4490 Highway 16, Eagle, Idaho. (ELZ) M. Service Order Between the City of Eagle and Fatbeam: A Service Order between the City of Eagle and Fatbeam for the installation of conduit network in five (5) identified locations in Eagle in an amount not to exceed $435, 986. ARPA funds will be utilized for the expense. (ELZ) N. Traffic Utility Box Art Wrap Agreements: The Eagle Arts Commission is seeking Council approval for five (5) artists to provide artwork for traffic utility boxes within Eagle in an amount not to exceed $1,000 for each artist. (BLA) O. Service Agreement Between the City of Eagle and Arrow Rock Photography: The Eagle Arts Commission is requesting Council approval of a Service Agreement between the City of Eagle and Arrow Rock Photography for the "Eagle in Pictures" project in an amount not to exceed $3,500. (BLA) Gindlesperger moves to approve item 7 consent agenda items A-O. Seconded by Russell. GINDLESBERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE; ALL AYE...MOTION CARRIES. 8. UNFINISHED BUSINESS: A. FY 2023-2027 Capital Plan Update. (NBS) Mayor introduces the item Director of Long -Range Planning and Projects, Nichoel Baird Spencer reviews Fiscal Year 2023- 2027 Capital Plan, funding and staff project capacity. Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-12-22min.docx Discussion regarding project prioritization. 9. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. . • Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony regarding the application or issue before the City Council. This testimony will become part of the hearing record for that application or matter. • Public hearing testimony time limits: Individuals testifying are allotted three (3) minutes for non - repetitive testimony. • Disclosure of ex parte and/or conflict of interest. A. A-11-21/RZ-17-21/CU-11-21/PPUD-08-21/PP-18-21— Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Soaring Feather Ranch Subdivision — Sheridan Hodson: Sheridan Hodson, represented by Katie Miller of Bailey Engineering, is requesting an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R-E and R-2-DA-P (Residential -two units per acre with a Development Agreement - PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Soaring Feather Ranch, a 32-lot (28-single family, 3-common, and 1-commercial) subdivision. The 17-acre site is located approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane. (MNB) Mayor Pierce introduces the item, Sheridan Hodson5772 N. Assissy Way Meridian, Idaho. with Bailey Engineering, representing Sheridan Hodson, reviews the application. Discussion. Planner II, Morgan Beesaw reviews the staff report and areas of special concern. Mayor opens the public hearing. Jim Kepler, 2888 N. Linder Rd. Eagle, Idaho. They had previously submitted a letter in opposition, but the matters of concern have been addressed. Jerry Gibbs 1834 N. Monterosa Way Eagle, Idaho representing the residents of Bella Terra tonight. They would like the impact to their subdivision lessoned by new development. They appreciate the developer working with them and look forward to seeing the final heavy traffic plan. Mr. Hodson rebuts testimony Mayor closes the public hearing. Discussion amongst Council. Pike moves to approve action item 9A, A-11-21/RZ-17-21/CU-11-21/PPUD-08-21/PP-18-21 Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Soaring Feather Ranch Subdivision with site specific conditions, the CEP I think that falls within 3.19, and the other site specific setbacks a number 20, to require three single story houses. Seconded by Gindlersperger. Discussion. Pike clarifies that lots 1, 2 and 16 to be need single level and added into #20. Second concurs. ALL AYE...MOTION CARRIES. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-12-22min.docx B. A-13-21/RZ-19-21/CU-10-21/PPUD-09-21 /PP-20-21 — Annexation. Rezone with a Development Agreement, Conditional Use Permit. Preliminary Develonment Plan. and Preliminary Plat for Kingswood Subdivision — LPGD Utah. LLC: LGPD Utah, LLC, represented by Jim Perry with Woodbridge Pacific Group, LLC, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Kingswood Subdivision, an 87-lot (74-buildable, 13-common) residential planned unit development. The 38.81-acre site is located on the west side of North Linder Road approximately 1,430-feet north of the intersection of North Linder Road and West Floating Feather Road. (MJW) Mayor Pierce introduces the item. Katie Miller, Bailey Engineering 1119 E. State St. Eagle, Idaho representing LGPD Utah reviews the application, and the conditions of approval they are requesting Council modify. Planner III, Mike Williams reviews the staff report and areas of special concern. Mayor opens the public hearing. Jim Kepler 2888 N. Linder Rd. Mr. Kepler discusses the impact of traffic generated from this development and others. Linder Road has seen significant traffic increases. ACHD has indicated that a traffic calming circle will be installed, but the construction keeps being delayed. He does not believe the buffer should be decreased and encourages Council to not allow cookie cutter development. Gloria Kepler 2888 N. Linder Rd. Ms. Kepler discusses the large volume of traffic on Linder Road that they are currently experiencing. Ms. Miller rebuts testimony. While they are mindful of the impact to traffic of the development, the applicant has complied with ACHD requirements and the City's. Jim Perry 8126 W. Brooks Dr. Boise, Idaho. Mr. Perry discusses the setbacks that are being requested. Mayor closes the public hearing. Discussion. Tom Ferch 577 W. Rush Ct. Transportation Planning Coordinator with ACHD. Mr. Ferch provides comments on traffic calming on Linder Road, funding and timing of same. Pike moves to approve action item 9B A-13-21/RZ-19-21/CU-10-21/PPUD-09-21/PP-20-21 — Annexation, Rezone with a Development Agreement, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Kingswood Subdivision with a couple of conditions for site specifics. 3.4 is the elevations - the motion would say comfortable with every 4 homes to have an elevation separation of like homes around it. #5 the 50' berm with a 10' height of the wall, the 10' setbacks would be under #7 with also the balcony that Council woman Russell was alluding to. Site specific #27 with the adjustments requested in the prior. Site specific #22, site specific#23 as stated in the presentation and site specific #25 with the specific lots of common elevations of single -story vs two story of lots 23, 20, 18, 6, 8, 9 and 10 in phase 1. Seconded by Gindlesperger. Discussion. Pike omits site specific #25 and add it back to site specific 7 Phase 1 block 123, 20, 18 into site specific #7 and Phase 2 block 1 lot 6, 8, 9 and 10. Side setback allowed at 7.5 as requested. Changing 3.4 elevation to every 5th home. Second concurs. ALL AYE...MOTION CARRIES. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-12-22min.docx 10. NEW BUSINESS: NONE 11. PUBLIC COMMENT 2 This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding any matter, up to and including any subject on the agenda with the exception of Public Hearing and land use items. Comments regarding Public Hearing and land use items need to be made during the open public hearing for said item(s) in accordance with Idaho Code. At times, the City Council may seek comments/opinions regarding specific City matters (excluding Public Hearing and land use items) during this allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. Tom Ferch 577 W. Rush Ct. Eagle, Idaho. Mr. Ferch thanks the City for Eagle Fun Days it was a great event. 12. EXECUTIVE SESSION: 74-206 (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held: (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; Gindlesperger moves to go into Executive Session pursuant to IC 74-206(a)(f) to discuss pending/threatened litigation. Seconded by Russell. GINDLESPERGER: AYE; PIKE AYE; BAUN: AYE; RUSSELL: AYE: ALL AYE: MOTION CARRIES. Council enters executive session. Council discusses pending/threatened litigation. Council exists executive session. A. ACTION ITEM: Action regarding pending/threatened litigation. No action. 13. ADJOURNMENT: Gindlesperger moves to adjourn. Seconded by Russell. ALL AYE...MOTION CARRIES. Hearing ng1iyr ,business, the Council meeting was adjourned. Re- ectfully submitte ;$ Q•P ....... * **'•. O' TRACY E SB`ORN, CMC = = t o % 47 is q CITY CL1 RK L) •...0 c? �; • AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07.12-22min.docx Dalton Gardens, ID - Model Cell Tower Ordinance Download a full copy from our website: https://idahoansforsafetechnology.org/ ORDINANCE NO. 278 AN ORDINANCE OF THE CITY OF DALTON GARDENS, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, RELATING TO REGULATION OF TELECOMMUNICATIONS TOWERS AND PERSONAL WIRELESS SERVICE FACILITIES BY ADDING A NEV, TITLE 5 CHAPTER 13, PROVIDNG FOR APPLICATIONS, PROCEDURES, DESIGN REQUIREMENTS AND RESTRICTIONS AND GENERAL PROVISIONS: AMENDING TITLE 5. CHAPTERS 3, 4 AND 5 TO PROVIDE FOR USE CLASSIFICATIONS AND DEFINITIONS: PROVIDING FOR SEVERABILrry; PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Mayor and City Council of the City of Dalton Gardens, Kootenai County. Idaho, that Title 5. Chapters 3. 4 and 5 are hereby amended and Chapter 13 added as follows: Section I. That the Dalton Gardens City Code Title 5 shall be, and the same is, amended to include the addition of a new Chapter 13 as follows: CHAPTER 13 TELECOMMUNICATIONS TOWERS AND PERSONAL WIRELESS SERVICE FACILITIES 5-13-1 Telecommunications Towers and Personal Wireless Service Facility Requirements 5-13-2 Purpose and Legislative Intent P6 3 5-13-3 Definitions; Word Usage 5-13-4 Application Types 5-13-5 Shot Clock Periods 5-13-6 Shot Clock Tolls, Extensions & Reasonable Delay Periods 5-13-7 Application Requirements p622, 23 .2 5' 4.2C 5-13-8 Design Standards 5-13-9 Hearings and Public Notice 5-13-10 Factual Determinations to be Rendered by the Planning and Zoning Commission P 33 sy 5-13-11 Retention of Consultants 5-13-12 Setback Requirements 1De,1- 5-13-13 Height Restrictions 5-13-14 Environmental Impacts 5-13-15 Historic Site Impacts 5-13-16 Force Majeure 1 5-13-17 Eleventh Hour Submissions 5-13-18 5-13-19 Bond Requirements 5-13-20 ADA Accommodations 5-13-21 General Provisions Prohibition Against Illegally Excessive Emissions & RI' Radiation Testing To best have this Wireless Ordinance incorporated into your municipality contact: Local (Boise) Land Use Attorney Norman Semanko Office: 208-562-4900 Email: nsemanko@parsonsbehle.com Federal (New York) Wireless Attorney Andrew Campanelli Office: 516-746-1600 Email: ajc@campanellipc.com Chapter 13 TELECOMMUNICATIONS TOWERS AND PERSONAL WIRELESS SERVICE FACILITIES 5-13-1 Telecommunications Towers and Personal Wireless Service Facility ReQuirements No telecommunication tower or other personal wireless service facility shall be sited, constructed, reconstructed, installed, materially changed or altered, expanded, or used unless in conformity with this section. The installation, construction, erection, relocation, substantial expansion, or material alteration of any personal wireless service facility (PWSF) within the City shall require a special use permit pursuant to the provisions of Dalton Gardens City Code 5-7 unless otherwise provided herein below. The performance of maintenance, routine maintenance, in -kind replacement of components, and/or repairs (as defined herein) to an existing personal wireless service facility and/or existing personal wireless service equipment shall not require a special use permit except for enlargement and/or expansion as detailed herein. Each application for a special use permit under this chapter, and each individual personal wireless service facility for which a special use permit is applied, shall be considered based upon the individual characteristics of each respective installation at each proposed location, as an individual case. In other words, each installation, at each proposed location, shall be reviewed and considered independently for its own characteristics and potential impacts, irrespective of whether the proposed facility is designed and intended to operate independently or whether the installation is designed and/or intended to operate jointly as part of a distributed antenna system. 5-13-2 Purnose and Legislative Intent The purpose of this section is: to promote the health, safety, and general welfare of the people of the City of Dalton Gardens; to protect property rights; and to protect the important environmental features and scenic, historical, natural, and man-made character and appearance of the City; while simultaneously ensuring adequate public facilities and services by providing standards for the safe provision, monitoring, and removal of cell towers and other personal wireless service facilities consistent with applicable federal, state and local laws and regulations. Consistent with the balancing of interests which the United States Congress intended to embed with the TCA, Chapter 13 is intended to serve as a Smart Planning Provision, designed to achieve the four (4) simultaneous objectives of: (a) enabling personal wireless service providers to provide adequate personal wireless services throughout the City so that City residents can enjoy the benefits of same, from any FCC licensed wireless carrier from whom they choose to obtain such services, while (b) minimizing the number of cell towers and/or other personal wireless service facilities needed to provide such coverage, (c) preventing, to the greatest extent reasonably practical, any unnecessary adverse impacts upon the City's communities, residential areas, and individual homes, while (d) complying with all of the legal requirements which the federal Telecommunications Act of 1996 (hereinafter "the TCA") imposes upon the City, when 3 the City receives, processes and determines applications seeking approvals for the siting, construction and operation of cell towers and/or other personal wireless service facilities. The City seeks to minimize, to the greatest extent possible, any unnecessary adverse impacts caused by the siting, placement, physical size, and/or unnecessary proliferation of, personal wireless service facilities, including, but not limited to, adverse aesthetic impacts, adverse impacts upon property values, adverse impacts upon the character of any surrounding properties and communities, and the exposure of persons and property to potential dangers such as structural failures, icefall, debris fall, and fire. The City also seeks to ensure that, in applying this section, the Planning and Zoning Commission is vested with sufficient authority to require applicants to provide sufficient, accurate, and truthful probative evidence, to enable the Commission to render factual determinations consistent with both the provisions set forth herein below and the requirements of the TCA, when rendering decisions upon such applications. To achieve the objectives stated herein, the City seeks to employ the "General Authority" preserved to it under Section 47 U.S.C.A. §332(c)(7)(A) of the TCA to the greatest extent which the United States Congress intended to preserve those powers to the City, while simultaneously complying with each of the substantive and procedural requirements set forth within the subsection 47 U.S.C.A. §332(c)(7)(B) of the TCA. 5-13-3 Definitions: Word Usage For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations, shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions set forth herein shall supersede any definitions set forth within Chapter 1, and the definitions set forth herein below shall control and apply to Chapter 13 and all subparagraphs herein below. ACCESSORY FACILITY OR STRUCTURE An Accessory Facility or Structure serving or being used in conjunction with a personal wireless service facility or complex and located on the same property or lot as the personal wireless services facility or complex, but not limited to, utility or transmission equipment storage sheds or cabinets. ACRP The federal Advisory Council on Historic Preservation. ADEQUATE COVERAGE As determined by the Planning and Zoning Commission, adequate coverage means that a specific wireless carrier's personal wireless service coverage is such that the vast majority of its customers can successfully use the carrier's personal wireless service the vast majority of the 4 time, in the vast majority of the geographic locations within the City, that the success rate of using their devices exceeds 97%, and that any geographic gaps in a carrier's gaps in personal wireless services are not significant gaps, based upon such factors including, but not limited to, lack of significant physical size of the gap, whether the gap is located upon a lightly traveled or lightly occupied area, whether only a small number of customers are affected by the gap, and/or whether or not the carrier's customers are affected for only limited periods of time. A wireless carrier's coverage shall not be deemed inadequate simply because the frequency or frequencies at which its customers are using its services are not the most preferred frequency of the wireless carrier. AMEND, AMENDMENT and AMENDED Means and shall relate to any change, addition, correction, deletion, replacement, or substitution, other than typographical changes of no effect. ANTENNA An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service. APPLICANT Any individual, corporation, limited liability company, general partnership, limited partnership, estate, trust, joint-stock company, association of two or more persons having a joint common interest, or any other entity submitting an application for a Special Use Permit, site plan approval, variance, building permit, and/or any other related approval, for the installation, operation and/or maintaining of one or more personal wireless service facilities. APPLICATION Refers to all necessary and required documentation and evidence that an applicant must submit to receive a special use permit, building permit, or other approval for personal wireless service facilities from the City. BALLOON TEST A common test performed to provide some visual depiction of the height for a proposed new cell tower or PWSF, wherein the applicant floats a helium balloon, typically five (5) feet in diameter, tied to a string or rope, affixed to the ground at the precise location where they are seeking to install their new cell tower or other PWSF. Advance notice of the test is provide to the public, nearby property owners and the local boards) deciding any zoning applications for such facility, and the balloon is floated for a minimum period of several hours. To ensure that members of the public have a fair opportunity to view same, such tests are often conducted on a Saturday. PLANNING ADMINISTRATOR A Planning Administrator appointed or contracted pursuant to Section 1-10-1 of the Code COMMISSION The Planning and Zoning Commission of the City of Dalton Gardens. CELL TOWER 5 A free-standing, guy -wired, or otherwise supported pole, tower, or other structure designed to support or employed to support, equipment and/or antennas used to provide personal wireless services, including, but not limited to a pole, monopole, monopine, slim stick, lattice tower or other types of standing structures. CEQ The Council on Environmental Quality established under NEPA. CFR The Code of Federal Regulations CODE and/or the CODE The Code of the City of Dalton Gardens. COLOCATION and/or CO -LOCATE To install, mount or add new or additional equipment to be used for the provision of personal wireless services to a pre-existing structure, facility, or complex which is already built and is currently being used to provide personal wireless services, by a different provider of such services, wireless carrier or site developer. COMPLETE APPLICATION, COMPLETED APPLICATION An application that contains all the necessary and required information, records, evidence, reports, and/or data necessary to enable an informed decision to be made with respect to an application. Where any information is provided pursuant to the terms of this Article and the Planning Administrator or the City's expert or consultant or the Planning Commission determines, based upon information provided, that any additional, further or clarifying information is needed as to one or more aspects, then the application will be deemed incomplete until that further or clarifying information is provided to the satisfaction of the Planning Administrator, Planning and Zoning Commission or the City's expert or consultant or the Commission. COMPLEX The entire site or facility, including all structures and equipment, located at the site. DBM (dBm) DBM stands for decibel milliwatts, which is a concrete measurement of the wireless signal strength of wireless networks. Signal strengths are recorded in negative numbers, and can range from approximately -30 dBm to -110 dBm. The closer the number is to 0, the stronger the cell signal. DEPLOYMENT The placement, construction, or substantial modification of a personal wireless service facility. DISTRIBUTED ANTENNA SYSTEM, DAS A network of spatially separated antenna nodes connected to a common source via a transport medium that provides personal wireless services within a geographic area. 6 EFFECTIVE PROHIBITION A finding by the Planning and Zoning Commission that, based upon an applicant's submission of sufficient probative, relevant, and sufficiently reliable evidence, and the appropriate weight which the Commission deems appropriate to afford same, an applicant has established that an identified wireless carrier does not have adequate coverage as defined hereinabove, but suffers from a significant gap in its personal wireless services within the City and that a proposed installation by that applicant would be the least intrusive means of remedying that gap, such that a denial of the application to install such installation would effectively prohibit the carrier from providing personal wireless services within the City. Any determination of whether an applicant has established, or failed to establish, both the existence of a significant gap and whether its proposed installation, at the site chosen, the specific location on that proposed site, and the proposed minimum height for the new facility, shall be based upon substantial evidence, as is defined herein above. ELEVENTH HOUR SUBMISSIONS An applicant's submission of new and/or additional materials in support of an application within 48 hours of the expiration of an applicable shot clock, or at an otherwise unreasonably short period of time before the expiration of the shot, making it impracticable for the Planning and Zoning Commission to adequately review and consider such submissions due to their complexity, volume, or other factors, before the expiration of the shot clock. ENURE To operate or take effect. To serve to the use, benefit, or advantage of a person or party. EPA The United States Environmental Protection Agency. FAA The Federal Aviation Administration, or its duly designated and authorized successor agency. FACILITY A set of wireless transmitting and/or receiving equipment, including any associated electronics and electronics shelter or cabinet and generator. FCC The Federal Communications Commission. GENERAL POPULATION/UNCONTROLLED EXPOSURE LIMITS The applicable radiofrequency radiation exposure limits set forth within 47 CFR § 1.1310(e)(1), Table 1 Section (ii), made applicable pursuant to 47 CFR § 1.1310(e)(3). HEIGHT When referring to a tower, personal wireless service facility, or personal wireless service facility structure, the height shall mean the distance measured from the pre-existing grade level to the highest point on the tower, facility, or structure, including anything attached to the top of the structure, including, but not limited to, any accessory, fitting, fitment, extension, addition, add - on, antenna, whip antenna, lightning rod or other types of lightning -protection devices. HISTORIC STRUCTURE Any structure listed on the National Register of Historic Places or eligible for inclusion upon same. ILLEGALLY EXCESSIVE RF RADIATION or ILLEGALLY EXCESSIVE RADIATION RF radiation emissions at levels that exceed the legally permissible limits set forth within 47 CFR § i .1310(ex 1), Table 1 Sections (i) and (ii), as made applicable pursuant to 47 CFR § 1.1310(e)(3). IN -KIND REPLACEMENT The replacement of a malfunctioning component(s) with a properly functioning component of substantially the same weight, dimensions, and outward appearance. MACROCELL A cellular base station that typically sends and receives radio signals from large towers and antennas. MAINTENANCE or ROUTINE MAINTENANCE Plumbing, electrical or mechanical work that may require a building permit but that does not constitute a modification to the personal wireless service facility. It includes work necessary to assure that a wireless facility and/or telecommunications structure exists and operates reliably and in a safe manner, presents no threat to persons or property, and remains compliant with the provisions of this chapter and FCC requirements. NECESSARY or NECESSITY or NEED What is technologically required for the equipment to function as designed by the manufacturer, and that anything less will result in prohibiting the provision of service as intended and described in the narrative of the application. "Necessary" or "need" does not mean what may be desired, preferred, or the most cost-efficient approach and is not related to an applicant's specific chosen design standards. Any situation involving a choice between or among alternatives or options is not a need or a necessity. NEPA The National Environmental Policy Act, 42 U.S.C. §432I et seq. NHPA The National Historic Preservation Act, 54 U.S.C. 300101 et seq, and 36 CFR Part 800 et seq. NODE, DAS NODE A fixed antenna and related equipment installation that operates as part of a system of spatially separated antennas, all of which are connected through a medium through which they work collectively to provide personal wireless services, as opposed to other types of personal wireless facilities, such as macrocells, which operate independently. NOTICE ADDRESS An address, which is required to be provided by an applicant at the time it submits an application for any type of approval from the Planning and Zoning Commission, at which the commission and/or a Planning Administrator can mail notice, and the mailing of any notice to such address by first-class mail shall constitute sufficient notice to any and all applicants, co -applicants, and or their attorneys, to satisfy any notice requirements under this Chapter, as well as any notice requirements of any other local, state and/or federal law NOTICE OF INCOMPLETENESS, NOTICE OF INCOMPLETE APPLICATION A written notice, mailed by first class mail, to an applicant seeking an approval for the installation of a PWEF, wherein the sender advises the applicant that its application is either incomplete, the wrong type of application, or is otherwise defective, and setting for the reason or reasons why the application is incomplete and/or defective. NOTICE OF EFFECTIVE PROHIBITION CONDITIONS A written notice which is required to be provided to the City at the time of the filing of any application, by all applicants at seeking any approval, of any type, for the siting, installation and/or construction of a PWSF, wherein the respective applicant asserts, claims or intends to assert or claim, that a denial of their respective application, by any agent, employee, board or body of the City, would constitute an "effective prohibition" within the meaning of the TCA, and concomitantly, that a denial of their respective application or request would violate Section 47 U.S.C. §332(c)(7)(B)(i)(II) of the TCA. OCCUPATIONAL/CONTROLLED EXPOSURE LIMITS The applicable radiofrequency radiation exposure limits set forth within 47 CFR § 1.131©(e)(l), Table 1 Section (i), made applicable pursuant to 47 CFR § 1.131 t3(e)(2). PERSONAL WIRELESS SERVICE, PERSONAL WIRELESS SERVICES Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, within the meaning of 47 U.S.C. §332(c)(7)(c)(i), and as defined therein. PERSONAL WIRELESS SERVICES FACILITY, PERSONAL WIRELESS SERVICES FACILITIES or PWSF A facility or facilities used for the provision of personal wireless services, within the meaning of 47 U.S.C. §332(c)(7Xc)(ii). It means a specific location at which a structure that is designed or intended to be used to house or accommodate antennas or other transmitting or receiving equipment is located. This includes, without limitation, towers of all types and all kinds of support structures, including but not limited to buildings, church steeples, silos, water towers, signs, utility poles, or any other structure that is used or is proposed to be used as a telecommunications structure for the placement, installation and/or attachment of antennas or the functional equivalent of such. It expressly includes all related facilities and equipment such as cabling, radios and other electronic equipment, equipment shelters and enclosures, cabinets, and other structures enabling the complex to provide personal wireless services. 9 PLANNING COMMISSION, COMMISSION The City of Dalton Gardens Planning and Zoning Commission PROBATIVE EVIDENCE Probative evidence is evidence that tends to prove facts. The more a piece of evidence or testimony proves a fact, the greater its probative value, as shall be determined by the Planning and Zoning Commission, as the finder -of -fact in determining whether to grant or deny applications for special use permits under Chapter 5-7 of the Dalton Gardens City Code. REPAIRS The replacement or repair of any components of a wireless facility or complex where the replacement is substantially identical to the component or components being replaced, or for any matters that involve the normal repair and maintenance of a wireless facility or complex without the addition, removal, or change of any of the physical or visually discernible components or aspects of a wireless facility or complex that will impose new visible intrusions of the facility or complex as originally permitted. REMOVAL The dismantling and taking away or getting rid of a PWSF, including, but not limited to, all of its components, support structures, wiring, enclosures and any other portions of any such facility. RF Radiofrequency. RF RADIATION Radiofrequency radiation, that being electromagnetic radiation which is a combination of electric and magnetic fields that move through space as waves, and which can include both Non -Ionizing radiation and Ionizing radiation. SECTION 106 REVIEW A review under Section 106 of the National Historic Preservation Act. SETBACK For purposes of special permit applications, a setback shall mean the distance between (a) any portion of a personal wireless facility and/or complex, including but not limited to any and all accessory facilities and/or structures, and (b) the exterior boundary of any parcel of real property or part thereof which is owned by, or leased by, an applicant seeking a special permit to construct or install a personal wireless facility upon such real property or portion thereof. In residential zones, setback shall also include the distance from any adjacent residential dwellings or structures. In the event that an applicant leases only a portion of real property owned by a landlord, the setback shall be measured from the facility to the line of that portion of the real property which is actually leased by the applicant, as opposed to the exterior lot line of the non - leased portion of the property owned by the landlord. SHOT CLOCK 10 The applicable period which is presumed to be a reasonable period within which the City is generally required to issue a final decision upon an application seeking special permit approval for the installation or substantial modification of a personal wireless services facility or structure, to comply with Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA. SHPo The Idaho State Historic Preservation Office SITE DEVELOPER or SITE DEVELOPERS Individuals and/or entities engaged in the business of constructing wireless facilities and wireless facility infrastructure and leasing space and/or capacity upon, or use of, their facilities and/or infrastructure to wireless carriers. Unlike wireless carriers, site developers generally do not directly provide personal wireless services to end -use consumers. SMALL CELL A fixed cellular base station that typically sends and receives radio signals and which are mounted upon poles or support structures at substantially lower elevations than macrocell facilities. SMALL WIRELESS FACILITY, SWF A personal wireless service facility that meets all of the following criteria (a) The facility does not extend the height of an existing structure to a total cumulative height of more than fifty (50) feet, from ground level to the top of the structure and any equipment affixed thereto; (b) Each antenna associated with the deployment is no more than three (3) cubic feet in volume; (c) Alt wireless equipment associated with the facility, including any pre-existing equipment and any proposed new equipment, cumulatively total no more than twenty-eight (28) cubic feet in volume; (d) The facility is not located on tribal land; and (e) The facility will not result in human exposure to radiofrequency radiation in excess of the applicable FCC safety standards set forth within Table 1 of 47 CFR § 1.1310(E)(1). SPECIAL USE PERMIT The official document or permit granted by the Planning and Zoning Commission pursuant to Dalton City Code Section 5-7 et seq., in which an applicant is allowed to file for and obtain a building permit to construct and use a personal wireless services facility, personal wireless service equipment, and/or any associated structures and/or equipment which are used to house, or be a part of, any such facility or complex, or to be used to provide personal wireless services. STATE The State of Idaho STEALTH or STEALTH TECHNOLOGY 11 A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and generally in the same area as the requested location of such personal wireless service facilities. This shall mean building the least visually and physically intrusive facility and complex under the facts and circumstances. STRUCTURE A pole, tower, base station, or other building, physical support of any form used for, or to be used for, the provision of personal wireless service. SUBSTANTIAL EVIDENCE Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It means less than a preponderance but more than a scintilla of evidence. TCA The Telecommunications Act of 1996, 47 U.S.C. §332(c) TOLLING or TOLLED The pausing of the running of the time period permitted under the applicable shot clock for the respective application for a personal wireless services facility. Where a shot clock is tolled because an application has been deemed incomplete and timely notice of incompleteness was mailed to the applicant, the submission of additional materials by the applicant to complete the application wilt end the tolling, thus causing the shot clock period to resume running, as opposed to causing the shot clock to begin running anew. TOWER, TELECOMMUNICATIONS TOWER Any structure designed primarily to support one or more antennas and/or equipment used or designed for receiving and/or transmitting a wireless signal. CITY The Incorporated City of Dalton Gardens. UNDERTAKING Any application for an approval from the planning and zoning commission seeking commission approval for the installation of a personal wireless services facility licensed under the authority of the FCC shall constitute an undertaking within the meaning of NEPA, in accord with 42 CFR § 137.289 and 36 CFR §800.16. WIRELESS CARRIERS or CARRIER Companies that provide personal wireless services to end -use consumers. 12 5-13-4 Unlication Tvnes There shall be four (4) specific types of applications for Special Use Permits for PWSF's under this section, which shall include Type I, Type II, Type UL, and Type IV applications. It shall be the obligation of any applicant to explicitly and correctly identify which type of application they are filing. A. Type I Applications Colocations of Small Wireless Facilities Type I applications shall be limited to applications wherein an applicant is seeking to co -locate a a new Small Wireless Facility, as defined in this Section 5-13-3. by installing new personal wireless service equipment upon an already existing small personal wireless services facility structure. Lithe completed facility would still meet the physical limits and requirements to meet the definition of a Small Wireless Facility after the installation of the new equipment, then the application to install such new equipment is a Type 1 application. pe I applications tbr co -location of a Small Wireless Facility in a Commercial District or a Utility District shall be a permitted use vv ith a building permit and shall not require a Special Use permit. Type I applications for co -location of a Small Wireless Facilit) in a Residential District shall be a special use permit use. requiring an applicant to obtain a Special Use permit from the Planning and Zoning Commission. B. Type II Applications Co -locations which do not meet the definition of a Small Wireless Facility Type Il applications shall be limited to applications wherein an applicant is seeking to co -locate new personal wireless service equipment, by installing such new wireless equipment upon an already existing personal wireless services facility structure, tower, or complex, which does not meet the definition of a Small Wireless facility or which will not meet the definition of a Small Wireless Facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure. Type 11 applications fOr co -location of a Wireless Facility that do not meet the definition of an SWF in a Commercial District or a Utility District shall be a permitted use with a building pertnit and shall not require a Special Use permit. Type II applications for co -location of a Wireless Facility that do not meet the definition of an SWF in a residential district shall he a special use permit use, requiring an applicant to obtain a Special Use permit from the Planning and Zoning Commission, C. Type III Applications New Small Wireless Facilities 13 Type ill Applications shall be limited to applications seeking to install and/or construct a new Small Wireless Facility as defined in Section 5-13-3 hereinabove. Type 111 applications for the installation or a new Small Wireless Facility in a Commercial District or a Utility District shall he a permitted use with a building permit and shall not require a Special Use permit. Type IU applications for the installation of a new Small Wireless Facility that does not meet the definition °Ian SWF in a residential district shall be a special use permit use which shall require an applicant to obtain a Special I 'se permit front the Planning and Zoning Commission. D. Tyne IV Applications New PWSF Towers and All Other PWSFs Type IV Applications shall include applications for the installation of a new Telecommunications Tower, personal wireless service facility, complex, structure, or equipment, which does not meet the criteria for Type I, Type II, or Type III applications. Type IV Applications are a special permit use for which applicants are required to obtain a Special Use permit from the Planning and Zoning Commission. 5-13-5 Shot Clock Periods To comply with the requirements of Section 47 U.S.C. 332(c)(7)(B)(ii) of the TCA, the following shot clock periods set forth herein below shall be presumed to be reasonable periods within which the Planning and Zoning Commission shall render determinations upon special permit applications for personal wireless service facilities. The Planning and Zoning Commission shall render determinations upon such applications within the periods set forth hereinbelow, unless the applicable shot clock period list below is tolled, extended by agreement or the processing of the application is delayed due to circumstances beyond the Commission and/or City's controls, as addressed within subsections 5-13-15 through 5-13-18 herein below. A. Type I Applications Colocations of Small Wireless Facilities Sixty (60) Days Unless extended by agreement, tolled, or subject to reasonable delays, the Planning and Zoning Commission shall issue a written decision upon a Type I application within sixty (60) days from the date when the City receives a Type 1 application. Upon receipt of a Type I application, the Planning Administrator shall review the application for Completeness. If the Planning Administrator determines the application is: (a) incomplete, (b) missing required application materials, (c) is the wrong type of application, or (d) is otherwise defective, then, within tea (10) days of the City's receipt of the application, the Planning Administrator, or his designee, shall mail the Applicant a Notice of Incompleteness by first class mail to the Notice Address provided by the applicant. 14 Within such Notice of Incompleteness, the Planning Administrator shall advise the applicant, with reasonable clarity, the defects within its application, including a description of such matters as what items are missing from the application and/or why the application is incomplete and/or defective. The mailing of a Notice of Incomplete Application by the Planning Administrator shall toll the 60-day shot clock, which shall not thereafter resume running unless and until the Applicant tenders an additional submission to the Planning Administrator to remedy the issues the building official identified in the Notice of Incomplete Application, which he had mailed to the applicant. The submission of any responsive materials by the applicant shall automatically cause the shot clock period to resume running. If upon receipt of any additional materials from the Applicant, the Planning Administrator determines that the application is still incomplete and/or defective, then the Planning Administrator shall, once again, mail a Notice of Incompleteness within ten (101 days of the applicant having filed its supplemental or corrected materials to the City and the Shot Clock shall once again be tolled, and the same procedure provided for hereinabove shall be repeated. B. Type II Applications Colocations on existing Towers, Structures or other Facilities which do not meet the definition of a Small Wireless Facility. Ninety (90) Days Unless extended by agreement, tolled, or subject to reasonable delays, the Planning and Zoning Commission shall issue a written decision upon a Type II application within ninety (90) days from the date when the City receives a Type II application. Upon receipt of a Type II application, the Planning Administrator shall review the application for Completeness. If the Planning Administrator determines the application is: (a) incomplete, (b) missing required application materials, (c) is the wrong type of application, or (d) is otherwise defective, then, within thirty (301 days of the City's receipt of the application, the Planning Administrator, or his designee, shall mail the applicant a Notice of Incompleteness by first class mail, to the Notice Address provided by the Applicant. Within such Notice of incompleteness, the Planning Administrator shall advise the applicant, with reasonable clarity, the defects within its application, including a description of such matters as what items are missing from the application and/or why the application is incomplete and/or defective. The mailing of a Notice of Incomplete application by the Planning Administrator shall toll the 90-day shot clock, which shall not thereafter resume running unless and until the Applicant tenders an additional submission to the Planning Administrator to remedy the issues the Planning Administrator identified in the Notice of Incomplete Application, which he had mailed to the Applicant. I5 The submission of any responsive materials by the Applicant shall automatically cause the shot clock period to resume running. If upon receipt of any additional materials from the Applicant, the Planning Administrator determines that the application is still incomplete and/or defective, then the Planning Administrator shall, once again, mail a Notice of Incompleteness within ten (10) days of the applicant having filed its supplemental or corrected materials to the City. The Shot Clock shall once again be tolled, and the same procedure provided hereinabove shall be repeated. C. Tvte III Annlications New Small Wireless Facilities Ninety (90) Days Unless extended by agreement, tolled, or subject to reasonable delays, the Planning and Zoning Commission shall issue a written decision upon a Type III application within ninety (90) days from the date when the City receives a Type III application. Upon receipt of a Type III application, the Planning Administrator shall review the application for Completeness. If the Planning Administrator determines the application is: (a) incomplete, (b) missing required application materials, (c) is the wrong type of application, or (d) is otherwise defective, then, within ten (101 days of the City's receipt of the application, the Planning Administrator, or his designee, shall mail the Applicant a Notice of Incompleteness by first class mail, to the Notice Address which the applicant has provided. Within such Notice of Incompleteness, the Planning Administrator shall advise the applicant, with reasonable clarity, the defects within its application, including a description of such matters as what items are missing from the application and/or why the application is incomplete and/or defective. The mailing of a Notice of Incomplete Application by the Planning Administrator shall reset the 90-day shot clock, which shall start running anew, if and when the applicant tenders an additional submission to the Planning Administrator to remedy the issues the Planning Administrator identified in the Notice of Incomplete Application, which he had mailed to the applicant. The submission of any responsive materials by the Applicant shall automatically cause the shot clock period to resume running. If upon receipt of any additional materials from the applicant, the Planning Administrator determines that the application is still incomplete and/or defective, then the Planning Administrator shall, once again, mail a Notice of Incompleteness within ten (t01 days of the applicant having filed its supplemental or corrected materials to the City and the Shot Clock shall be tolled, and the same procedure provided for hereinabove shall be repeated. D. Tyne IV Annlications New Towers and All Other Wireless Facilities One Hundred Fifty (150) Days 16 Unless extended by agreement, tolled, or subject to reasonable delays, the Planning and Zoning Commission shall issue a written decision upon a Type IV application within one hundred fifty (150) days from the date when the City receives a Type IV application. Upon receipt of a Type IV application, the Planning Administrator shall review the application for Completeness. If the Planning Administrator determines the application is: (a) incomplete, (b) missing required application materials, (c) is the wrong type of application, or (d) is otherwise defective, then, within thirty (301 days of the City's receipt of the application, the Planning Administrator, or his designee, shall mail the applicant a Notice of Incompleteness by first class mail to the Notice Address provided by the applicant. Within such Notice of Incompleteness, the Planning Administrator shall advise the Applicant, with reasonable clarity, the defects within its application, including a description of such matters as what items are missing from the application and/or why the application is incomplete and/or defective. The mailing of a Notice of Incomplete application by the Planning Administrator shall toll the 150-day shot clock, which shall not thereafter resume running unless and until the Applicant tenders an additional submission to the Planning Administrator to remedy the issues the Planning Administrator identified in the Notice of Incomplete Application, which he had mailed to the applicant. The submission of any responsive materials by the Applicant shall automatically cause the shot clock period to resume running. If upon receipt of any additional materials from the Applicant, the Planning Administrator determines that the application is still incomplete and/or defective, then the Planning Administrator shall, once again, mail a Notice of Incompleteness within ea (10) days of the Applicant having filed its supplemental or corrected materials to the City and the Shot Clock shall once again be tolled, and the same procedure provided for hereinabove shall be repeated. Upon their acceptance of an application that appears to be complete, the Planning Administrator shall transmit the application to the Planning and Zoning Commission for review and determination. 5-13-6 Shot Clock Tolls, Extensions & Reasonable Delay Periods Consistent with the letter and intent of Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, each of the shot clock periods set forth within Section 5-13-5 hereinabove shall generally be presumed to be sufficient periods within which the Planning and Zoning Commission shall render decisions upon special use permit applications. Notwithstanding same, the applicable shot clock periods may be tolled, extended by mutual agreement between any applicant and/or its representative and the Planning and Zoning Commission and the Planning and Zoning Commission shall not be required to render its 17 determination within the shot clock period presumed to be reasonable for each type of application, where the processing of such application is reasonably delayed, as described hereinbelow. A. Tolling of the Appl.cable Shot Clock Due to to Incompleteness and/or Applicant Error As provided for within Section 5-13-5 hereinabove, in the event that the Planning Administrator deems an application incomplete, the Planning Administrator shall send a Notice of Incompleteness to the applicant to notify the applicant that its application is incomplete and/or contains material errors, and shall reasonably identify the missing information and/or documents and/or the error(s) in the application. If the Planning Administrator mails a Notice of Incompleteness as described hereinabove, the applicable shot clock shall automatically be tolled, meaning that the applicable shot clock period within which the Planning and Zoning Commission is required to render a final decision upon the application shall immediately cease running and shall not resume running unless and until the City receives a responsive submission from the applicant. If and when the applicant thereafter submits additional information in an effort to complete its application, or cure any identified defect(s), then the shot clock shall automatically resume running, but shall not be deemed to start running anew. The applicable shot clock period shall, once again, be tolled if the Planning Administrator thereafter provides a second notice that the application is still incomplete or defective, despite any additional submissions which have been received by the City, from the applicant, up to that point. B. Shot Clock Extension by Mutual Agreement The Planning and Zoning Commission, in its sole discretion, shall be free to extend any applicable shot clock period by mutual agreement with any respective applicant. This discretion on the part of the Commission shall include the Commission's authority to request, at any time, and for any period of time the Planning and Zoning Commission may deem reasonable or appropriate under the circumstances, consent from a respective applicant, to extend the applicable shot clock period, to enable the Commission, the applicant, or any relevant third party, to complete any type of undertaking or task related to the review, analysis, processing, and determination of the particular application, which is then pending before the Commission, to the extent that any such undertaking, task or review, is consistent with, or reasonably related to, compliance with any federal, state, or local law, and/or the requirements of any provision of the City Code, including but not limited to this Article. In response to any request by the Commission, the applicant, by its principal, agent, attorney, site acquisition agent, or other authorized representative can consent to any extension of any applicable shot clock by affirmatively indicating its consent either in writing or by affirmatively 18 indicating its consent on the record at any public hearing or public meeting. The Planning and Zoning Commission shall be permitted to reasonably rely upon a representative of the applicant indicating that they are authorized to grant such consent on behalf of the respective applicant, on whose behalf they have been addressing the Commission within the hearing process. C. Reasonable Delav Extensions of Shot Clock Periods The City recognizes that there may be situations wherein, due to circumstances beyond the control of the City and/or the Planning and Zoning Commission, the review and issuance of a final decision upon a special use permit application for a personal wireless facility cannot reasonably be completed within the application shot clock periods delineated within Section 5-13-5 hereinabove. If, despite the exercise of due diligence by the City and the Planning and Zoning Commission, the determination regarding a specific application cannot reasonably be completed within the applicable shot clock period, the Commission shall be permitted to continue and complete its review and issue its determination at a date beyond the expiration of the applicable period, if the delay of such final decision is due to circumstances including, but not limited to, those enumerated hereinbelow, each of which shall serve as a reasonable basis for a reasonable delay of the applicable shot clock period. Reasonable delays which may constitute proper grounds for extending the presumed sufficient periods for rendering determinations under the applicable shot clock periods may include, but are not necessarily limited to those set forth within Sections 5-13-14, 5-13-15, 5-13-16 and 5-13-17 herein below. 5-13-7 Application Requirements Applications for special use permits under Chapter 13 shall be made to the Planning Administrator, who shall initially determine whether or not the application is complete and/or free of defects upon receipt of the same. If the Planning Administrator determines that the application is defective or incomplete, they shall promptly mail a Notice of Incompleteness to the applicant, to toll the applicable shot clock, to ensure that the City and the Planning and Zoning Commission are afforded sufficient time to review and determine each respective application. Each application shall include the following materials, the absence of any one of which listed hereinbelow, shall render the respective application incomplete: A. Special Use Permit Application Completed applications for a special use permit shall identify all applicants, co - applicants, site developer(s), and wireless carrier(s) on whose behalf the application is being submitted, as well as the property owner of the proposed site. 19 B. Filing Fees The appropriate filing fees then being charged by the City for applications for special permit applications and other related applications. C. A "Notice Address" A "Notice Address," that being a specific address to which the City, Planning and Zoning Commission, and/or Planning Administrator may mail any type of notice, and that the mailing of same to such address shall constitute sufficient notice to any applicant, co - applicant, and/or their attorney, to comply with any requirement under this section as well as any local, state and/or federal law D. Proof of Authorization for Site Occupancy Where an applicant is not the owner of the real property upon which it seeks to install its equipment or facility, they shall submit proof of authorization to occupy the site at issue. lithe applicant is leasing all or a portion of real property upon which it intends to install its new facility or equipment, then the applicant shall provide a written copy of its lease with the owner of such property. The applicant may redact any financial terms contained within the lease, but it shall not redact any portion of the lease which details the amount of area leased, its duration nor the specific portion of the real property which the applicant has obtained the right to occupy, access, or preclude others from entering. Where an applicant is seeking to simply co -locate new equipment into an existing facility, it shall provide a copy of its written co -location agreement with the owner of such pre-existing facility, from which it may redact any financial terms. E. A Drawn -To -Scale Depiction The applicant shall submit drawn -to -scale depictions of its proposed wireless support structure and all associated equipment to be mounted thereon, or to be installed as part of such facility, which shall clearly and concisely depict all equipment and the measurements of same, to enable the Planning Administrator to ascertain whether the proposed facility would qualify as a small wireless facility as defined under this Article. If the applicant claims that its proposed installation qualifies as a Small Wireless Facility within this Article, the drawn -to -scale depiction shall include complete calculations for all of the antennas and equipment of which the facility will be comprised, depicting that, when completed, the installation and equipment will meet the physical size limitations which enable the facility to qualify as a Small Wireless Facility. F. Site Plan The applicant shall submit a site development plan which shall meet the requirements of the Planning Administrator. The site plan shall, at a minimum, show all existing and 20 proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking, and landscaping, utilities, boundary lines, and easements and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan. G. Engineer's Report To the extent that an application proposes the co -location of new equipment onto an existing tower or facility, the applicant shall provide an engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing structure and explaining what modifications, if any, will be required in order to certify to the above. H. Visual impact Analysis A completed visual impact analysis, which, at a minimum, shall include the following: 1. For Small Wireless Facilities For applications seeking approval for the installation of a Small Wireless Facility, the applicant shalt provide a visual impact analysis which shall include photographic images taken from the perspectives of the properties situated in closest proximity to the location being proposed for the siting of the facility, as well as those properties which would reasonably be expected to sustain the most significant adverse aesthetic impacts due to such factors as their close proximity to the site, their elevation relative to the site, the existence or absence of a "clear line of sight" between the tower location and their location. 2. For Telecommunications Towers and Personal Wireless Service Facilities which do not meet the definition of a Small Wireless Facility For applications seeking approval for the installation of a Telecommunications Tower or a personal wireless service facility that does not meet the definition of a Small Wireless Facility, the applicant shall provide (i) A "Zone of Visibility Map" to determine locations from where the new facility will be seen. (ii) A visual impact analysis which shall include photographic images taken from the perspectives of the properties situated in closest proximity to the location being proposed for the siting of the facility, as well as those properties which would reasonably be expected to sustain the most significant adverse aesthetic impacts due to such factors as their close proximity to the site, their elevation relative to the site, the existence or absence of a "clear line of sight" between the tower location and their location. 21 The photographic images shall depict the height at which the proposed facility shall stand when completed, including all portions and proposed attachments to the facility, including, but not limited to, the main support structure, all antennas, transmitters, whip antennas, lightning rods, t-bars, crossbars, and cantilever attachments which shall, in whole or in part, be affixed to it, any and all surrounding equipment compound(s), fencing, cellular equipment cabinets, transformers, transformer vaults and/or cabinets, sector distribution boxes, ice bridges, backup generators, including but not limited to equipment boxes, switch boxes, backup generators, ice bridges, etc., to the extent that any of such compound and/or equipment will be visible from properties other than the property upon which the proposed tower and compound are to be installed. The visual impact analysis shall include an assessment of alternative designs and color schemes, as well as an assessment of the visual impact of the proposed facility, taking into consideration any supporting structure which is to be constructed, as well as its base, guy wires, accessory structures, buildings, and overhead utility lines from abutting properties and streets. I. Alternative Site Analysis A completed alternative site analysis of all potential less intrusive alternative sites which the applicant has considered, setting forth their respective locations, elevations, and suitability or unsuitability for remedying whatever specific wireless coverage needs the respective applicant or a specific wireless carrier is seeking to remedy by the installation of the new facility which is the subject of the respective application for a special Use permit. if, and to the extent that an applicant claims that a particular alternative site is unavailable, in that the owner of an alternative site is unwilling or unable to accommodate a wireless facility upon such potential alternative site, the applicant shall provide probative evidence of such unavailability, whether in the form of communications or such other form of evidence that reasonably establishes same. The alternative site analysis shall contain: 1. an inventory of all existing tall structures and existing or approved communications towers within a two-mile radius of the proposed site. 2. a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds), ground elevation above sea level, the height of the structure and/or tower, and accessory buildings on the site of the inventoried location. 3. an outline of opportunities for shared use of an existing wireless facility as opposed to the installation of an entirely new facility. 22 4, a demonstration of good -faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved communications tower, as well as documentation of the physical, technical, and/or financial reasons why shared usage is not practical in each case. J. FCC Compliance Report An FCC Compliance Report, prepared and stamped by a qualified Idaho licensed engineer, and certified under penalties of perjury, that the content thereof is true and accurate, wherein the licensed engineer shall certify that the proposed facility will be FCC compliant as of the time of its installation, meaning that the facility will not expose members of the general public to radiation levels that exceed the permissible radiation limits which the FCC has set. If it is anticipated that more than one carrier and/or user is to install transmitters into the facility that the FCC Compliance Report shall take into account anticipated exposure from all users on the facility and shall indicate whether or not the combined exposure levels will, or will not exceed the permissible general population exposure limited, or alternatively, the occupational exposure limits, where applicable. Such FCC Compliance Report shall provide the calculation or calculations with which the engineer determined the levels of RF radiation and/or emissions to which the facility will expose members of the general public. On the cover page of the report, the report shall explicitly specify: (a) Whether the applicant and their licensed engineer are claiming that the appliable FCC limits based upon which they are claiming FCC compliance are the General Population Exposure Limits or the Occupational Exposure Limits. If the applicant and/or their engineer are asserting that the Occupational Exposure Limits apply to the proposed installation, they shall detail a factual basis as to why they claim that the higher set of limits is applicable, (b) The exact minimum distance factor, measured in feet, which the applicant's engineer used to calculate the level of radiation emissions to which the proposed facility will expose members of the general public. The minimum distance factor is the closest distance (i.e., the minimum distance) to which a member of the general public shall be able to gain access to the transmitting antennas mounted upon, or which shall be a part of, the proposed facility. K. FCC License A copy of any applicable Federal Communications Commission license possessed by any carrier named as an applicant, co -applicant, or whose equipment is proposed for installation as of the time the application is being filed with the City. Effective Prohibition Claims 23 r The City is aware that applicants seeking approvals for the installation of new wireless facilities often assert that federal law, and more specifically the TCA, prohibits the local government from denying their respective applications. In doing so, they assert that their desired facility is "necessary" to remedy one or more significant gaps in a carrier's personal wireless service, and they proffer computer - generated propagation maps to establish the existence of such gaps purportedly. The City is additionally aware that, in August 2020, driven by a concern that propagation maps created and submitted to the FCC by wireless carriers were inaccurate, the FCC caused its staff to perform actual drive tests, wherein the FCC staff performed 24,649 tests, driving nearly ten thousand (10,000) miles through nine (9) states, with an additional 5,916 stationary tests conducted at 42 locations situated in nine (9) states. At the conclusion of such testing, the FCC Staff determined that the accuracy of the propagation maps submitted to the FCC by the wireless carriers had ranged from as little as 16.2% accuracy to a maximum of 64.3% accuracy. As a result, the FCC Staff recommended that the FCC no longer accept propagation maps from wireless carriers without supporting drive test data to establish their accuracy. A copy of the FCC Staff's 66-page report is available from the Federal Communications Commission public website as Mobility Fund Phase II Coverage Maps investigation Staff Report (GN Docket No. 19-367) and is incorporated herein. The City considers it of critical import that applicants provide truthful, accurate, complete, and sufficiently reliable data to enable the Planning and Zoning Commission to render determinations upon applications for new wireless facilities consistent with both the requirements of this Article and the statutory requirements of the TCA. Consistent with same, if, at the time of filing an application under this Article, an applicant intends to assert before the Planning and Zoning Commission or the City that: (a) an identified wireless carrier suffers from a significant gap in its personal wireless services within the City, (b) that the applicant's proposed installation is the least intrusive means of remedying such gap in services, and/or (c) that under the circumstances pertaining to the application, a denial of the application by the Planning and Zoning Commission would constitute an "effective prohibition" under Section 47 U.S.C. §332 the TCA, then, at the time of filing such application, the applicant shall be required to file a written statement which shall be entitled: "Notice of Effective Prohibition Conditions" If an applicant files a Notice of Effective Prohibition Conditions, then the applicant shall be required to submit probative evidence to enable the Planning and Zoning Commission to reasonably determine: (a) whether or not the conditions alleged by the respective applicant exist, (b) whether there exists a significant gap or gaps in an identified wireless carrier's personal wireless services within the City, (c) the geographic locations of any such gaps, and (d) the geographic boundaries of such gaps, to enable the Planning and 24 Zoning Commission to determine whether granting the respective application would be consistent with the requirements of this Article and the legislative intent behind same, and whether or not federal law would require the Planning and Zoning Commission to grant the respective application, even if it would otherwise violate the City's zoning code, including, but not limited to, this Article. The additional materials which the applicant shall then be required to provide shall include the following: 1. Drive Test Data and Mans If, and to the extent that an applicant claims that a specific wireless carrier suffers from a significant gap in its personal wireless services within the City, the applicant shall conduct or cause to be conducted a Drive Test within the specific geographic areas within which the applicant is claiming such gap or gaps exist, for each frequency at which the carrier provides personal wireless services. The applicant shall provide the City and the Planning and Zoning Commission with the actual drive test data recorded during such drive test, in a simple format which shall include, in table format: (i) the date and time for the test or test, (ii) the location, in longitude and latitude of each point at which signal strength was recorded and (iii) each signal strength recorded, measured in DBM, for each frequency. Such data is to be provided in a separate table for each frequency at which the respective carrier provides personal wireless services to any of its end -use customers. (iv) the applicant shall also submit Drive Test Maps, depicting the actual signal strengths recorded during the actual drive test, for each frequency at which the carrier provides personal wireless services to its end -use customers. If an applicant claims that it needs a "minimum" signal strength (measured in DBM) to remedy its gap or gaps in service, then for each frequency, the applicant shall provide three (3) signal strength coverage maps reflecting actual signal strengths in three (3) DBM bins, the first being at the alleged minimum signal strength, and two (2) additional three (3) DBM bin maps depicting signal strengths immediately below the alleged minimum signal strength claimed to be required. By way of example, if the applicant claims that it needs a minimum signal strength of — 95 DBM to remedy its alleged gap in service, then the applicant shall provide maps depicting the geographic area where the gap is alleged to exist, showing the carrier's coverage at 95 to -98 DBM, -99 to -101 DBM and -102 to -104 DBM or each frequency at which the carrier provides personal wireless services to its end -use customers. 25 2. Denial of Service and/or Dropped CaI1 Records If and to the extent that an applicant claims that a specific wireless carrier suffers from a capacity deficiency, or a gap in service that renders the carrier incapable of providing adequate coverage of its personal wireless services within the City, then the applicant shall provide dropped call records and denial of service records evidencing the number and percentage of calls within which the carrier's customers were unable to initiate, maintain and conclude the use of the carrier's personal wireless services without actual loss of service, or interruption of service. M. astimate for Cost of Removal of Facility_ A written estimate for the cost of the decommissioning, removal of the facility, including all equipment that comprises any portion or part of the facility, compound and/or complex, as well as any Accessory Facility or Structure, including the cost of the full restoration and reclamation of the site, to the extent practicable, to its condition before development in accord with the decommissioning and reclamation plan required herein N. Property Owner Consent & Liability Acknowledgement A signed written consent from each owner of the subject real property upon which the respective applicant is seeking installation of its proposed personal wireless service facility, wherein the owner or owners, both authorize the applicant to file and pursue its special permit application and acknowledge the potential tandowner's responsibility, under section 5-13-11 for engineering, legal and other consulting fees incurred by the City. O. Noise Analysis As needed, the applicant may be required to submit a written noise analysis showing the noise levels of any proposed equipment, including back up power sources at the distance of three hundred feet (300') from the proposed location of the improvements. 5-13-8 Design Standards The following design standards shall apply to all applications for the siting, construction, maintenance, use, erection, movement, reconstruction, expansion, material change, or structural alteration of a personal wireless service facility. A. Small Wireless Facilities Small Wireless Facilities (SWF) shall be sited to inflict the minimum adverse impacts upon individual residential properties, and specifically, to minimize, to the greatest extent reasonably feasible, adverse aesthetic impacts upon residential homes or reductions in the property values of same. 26 SWFs attached to pre-existing wooden and non -wooden poles shall conform to the following criteria: Proposed antenna and related equipment shall meet: (i) design standards which the City may maintain and update as needed, provided that the City makes its designed standards publicly available for review by any potential application seeking approval for the installation of an SWF within the City, and (ii) National Electric Safety Code (NESC) standards; and (iii) National Electrical Code (NEC) standards 2. Antennas and antenna equipment, including but not limited to radios, cables, associated shrouding, disconnect boxes, meters, microwaves, and conduit which are mounted on poles shall be mounted as close to the pole as technically feasible, and shall not be illuminated except as required by municipal, federal or state authority, provided this shall not preclude deployment on a new or replacement street light. Any proposed lighting shall also comply with the City's light trespass restrictions and comprehensive plan policies to minimize and/or eliminate any light intrusion on adjacent properties. 3. Antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or be mounted as close to the pole as feasible. Conduits and cabinets shall cover all cables and wiring to the extent that it is technically feasible if allowed by the pole owner. The number of conduits shall be minimized to the extent technically feasible. To the extent technically feasible, antennas, equipment enclosures, and all ancillary equipment, boxes, and conduits shall match the approximate material and design of the surface of the pole or existing equipment on which they are attached SWFs attached to replacement poles and new poles shall conform to the criteria set forth herein above for SWF's attached to pre-existing wooden and non -wooded poles, but shall additionally conform to the following criteria: I. The City prefers that wireless providers and site developers install SWF's on existing or replacement poles instead of installing new poles, and accordingly, to obtain approval for the installation of a new pole, the provider shall be required to document that installation on an existing or replacement pole is not technically feasible. 2. To the extent technically feasible, all replacement poles and new poles and pole - mounted antennas and equipment shall substantially conform to the material and design of the pole being replaced, or in the case of a new pole, it shall conform to the nearest adjacent pole or poles. 27 3. The height of replacement poles and new poles shall conform with the height limitations application to the district within which the applicant seeks to install their proposed SWF unless the applicant obtains a variance to obtain relief from any such limitation(s). B. Telecommunications Towers and Personal Wireless Service Facilities which do not meet the definition of a Small Wireless Facility The design of a proposed new Telecommunications Tower or Personal Wireless Service Facility shall comply with the following. 1. The choice of design for the installation of a new Personal Wireless Service Facility or the substantial modification of an existing Personal Wireless Service Facility shall be chosen to minimize the potential adverse impacts that the new or expanded facility may, or is likely to, inflict upon nearby properties. 2. Any new Telecommunications Tower shall be designed to accommodate future shared use by other providers of communications. 3. Unless specifically required by other regulations, a Telecommunications Tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact. 4. Notwithstanding the height restrictions listed elsewhere in this chapter, the maximum height of any new Telecommunications Tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and/or federal law and/or regulation. 5, Accessory structures (i) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend with the natural surroundings. The use of camouflage communications towers may be required by the Planning Commission to further blend the communications tower and/or its accessory structures into the natural surroundings. "Camouflage" is defined as the use of materials incorporated into the communications tower design that give communications towers the appearance of tree branches and bark coatings, church steeples and crosses, sign structures, lighting structures, or other similar structures. Accessory structures shall be designed to be architecturally similar and compatible with each other and shall be no more than twelve (12) feet high or the allowed height of an accessory structure in the applicable zoning district. whichever is less. The buildings shall be used only to house equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building. (iii) No portion of any Telecommunications Tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to the company name, phone numbers, banners, and streamers, except the following: A sign of no greater than two square feet indicating the name of the facility owner(s) and a twenty -four-hour emergency telephone number shall be posted adjacent to any entry gate. In addition, "no trespassing" or 28 other warning signs may be posted on the fence. All signs shall conform to the sign requirements of the City. 6. Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of the terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as seen from public ways. 7. Existing vegetation. Existing an -site vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this article prior to the approval of the special permit use. 8. Screening. (i) Deciduous or evergreen tree plantings may be required to screen portions of the Telecommunications Tower and accessory structures from nearby residential property as well as from public sites. (ii) Where a site adjoins a residential property or public property, including streets, screening suitable in type, size and quantity shall be required by the Planning and Zoning Commission. (iii) The applicant shall demonstrate to the Commission that adequate measures have been taken to screen and abate site noises such as heating and ventilating units, air conditioners, and emergency power generators and that there is no interference with other known wireless systems (such an existing SCADA system, or wireless meter system). Telecommunications Towers shall comply with all applicable sections of this chapter as it pertains to noise control, fumes and/or odors and abatement. 9. Lighting. Telecommunications Towers shall not be lighted except where FAA/FCC required lighting of the Telecommunications Tower is necessary. No exterior lighting shall spill from the site in an unnecessary manner. 10. Access. (a) Adequate emergency and service access shall be provided and maintained. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. (b) To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of telecommunications providers that might use the facility. 11. Parking. Parking shall be provided to assure adequate emergency and service access. The Planning and Zoning Commission shall determine the number of required spaces in accordance with the underlying zone, but in no case shall the number of parking spaces be less than two spaces. 12, Fencing. The Telecommunications Tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the 29 Planning and Zoning Commission. This requirement may be waived by the Planning and Zoning Commission if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility. 5-13-9 Hearings and Public Notice A. Public Hearings The Planning and Zoning Commission shall conduct a public hearing upon each special use permit application, consistent with Chapter 7 of the code, except the Planning and Zoning Commission shall have authority to schedule such additional or more frequent public hearings as may be necessary to comply with the applicable shot clocks imposed upon the City and the Planning and Zoning Commission under the requirements of the TCA. B. Reouired Public Notices The Planning and Zoning Commission shall ensure that both the public and property owners whose properties might be adversely impacted by the installation of a wireless facility receive Notice of any public hearing pertaining to same and shall ensure that they are afforded an opportunity to be heard concerning same. The Planning and Zoning Commission shall mail a written Notice of Public Hearing to property owners, which shall provide: I . The applicant's name; 2. The address of the property. or another general description by which the public can identify the property. that is the subject of the hearing: 3. The present land use of the property: 4. A brief description of the type of personal wireless facility for which the applicant seeks a special use permit; and 5. The date, time, and place of the hearing. The face of each envelope containing the notices of the public hearing shall state, in all bold typeface, in all capital letters, in a font size no smaller than 12 point, the words: "NOTICE OF PUBLIC HEARING FOR NEW WIRELESS FACILITY" For Type I and Type III applications, notices of public hearing shall be mailed to all property owners whose real properties are situated within 300 feet of the exterior property line of the real property upon which the applicant seeks to install its new wireless facility. If the site for the proposed facility is situated on, or adjacent to, a residential street containing twelve (12) houses or less, the Planning and Zoning Commission shall additionally mail a copy of such notices to all homeowners on that street, even if their 30 home is situated more than 300 feet from any property line of the property upon which the applicant proposes to install its facility. For Type II and Type IV applications, the applicant shall mail such notices of public hearing to all property owners whose real properties are situated within 1,500 feet of any property line of the real property upon which the applicant seeks to install its new wireless facility. The Applicant shall additionally post a notice upon the proposed site advising the public of the public hearing, in accord with Section 5-10-3-3 of the Code. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper of general circulation. 5-13-I0 Factual Determinations to be Rendered by the Planning and Zoning Commission A. Evidentiary Standards In determining special use permit applications for personal wireless service facilities, the Planning and Zoning Commission shall have sole discretion to determine what probative evidence it shall require each applicant to produce in support of its application to enable the Commission to make each of the factual determinations enumerated below. By way of common examples of the types of evidence which the Commission may require an applicant to produce, are the following: 1. where an applicant is not the owner of the real property upon which it proposes to install a new wireless facility, the Commission can require the applicant to provide a copy of the applicant's lease with the property owner (including any schedules, property descriptions, Appendixes or other attachments), from which the applicant may censor or delete any financial terms which would be irrelevant to the factual issues which the Commission is required to determine; 2. where the Commission deems it appropriate, the Commission can require the applicant to perform what is commonly known as a "balloon test" and to require the applicant to publish reasonably sufficient advance public notice of same, to enable the Commission, property owners. and the community, an opportunity to assess the actual adverse aesthetic impact which the proposed facility is likely to inflict upon the nearby properties and surrounding community; 3. where the applicant asserts a claim that a proposed facility is necessary to remedy one or more existing significant gaps in an identified wireless carrier's personal wireless services, the Commission may require the applicant to provide Drive - Test generated coverage maps, as opposed to computer -generated coverage maps, for each frequency at which the carrier provides personal wireless services, to show signal strengths in bins of three (3) DBM each, to enable the Commission to 31 assess the existence of such significant gaps accurately, and/or whether the carrier possesses adequate coverage within the geographic area which is the subject of the respective application. 4. where the applicant asserts that a potential less intrusive alternative location for a proposed facility is unavailable because the owner of the potential alternative site is incapable or unwilling to lease space upon such site to the applicant, the Commission may require the applicant to provide proof of such unwillingness in the form of communications to and from such property owner, and/or a sworn affidavit wherein a representative of the applicant affirms, under penalty of perjury, that they attempted to negotiate a lease with the property owner, what the material terms were of any such offer to the property owner, when the offer was tendered, and how, if at all, the property owner responded to such offer. The Commission shall have sole discretion to determine, among other things, the relevance of any evidence presented, the probative value of any evidence presented, the credibility of any testimony provided, whether expert or otherwise, and the adequacy of any evidence presented. The Commission shall not be required to accept, at face value, any unsupported factual claims asserted by an applicant but may require the production of evidence reasonably necessary to enable the Commission to determine the accuracy of any factual allegations asserted by each respective applicant. Conclusory factual assertions by an applicant shall not be accepted as evidence by the Commission. B. Factual Determinations To decide applications for special permits under this section, the Planning and Zoning Commission shall render factual determinations, which shall include two (2) specific types of factual determinations, as applicable. First, the Commission shall render its local zonine determinations according to Section (B)(i) hereinbelow. Then, if, and only if, an applicant asserts claims that: (a) its proposed wireless facility or installation is necessary to remedy a significant gap in personal wireless services for an explicitly identified wireless carrier, and (b) that its proposed installation is the least intrusive means of remedying a specifically identified significant gap or gaps, the Commission shall additionally render TCA determinations, in accord with Section (B)(ii) hereinbelow. The Commission shall separately record each factual determination it makes in a written decision and shall reference, or make note of, the evidence based upon which it rendered each of its factual determinations. 32 r Each factual determination made by the Commission shall be based upon substantial evidence. For purposes of this provision, "substantial evidence" shall mean such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It means less than a preponderance but more than a scintilla of evidence. Evidence which the Commission may consider shall include any evidence submitted in support of an application and any evidence submitted by anyone opposing a respective application, whether such evidence is in written or photographic form, or whether it is in the form of testimony by any expert, or any person who has personal knowledge of the subject of their testimony. The Commission may, of course, additionally consider as evidence any information or knowledge which they, themselves, personally possess, and any documents, records or other evidence which is a matter of public record, irrespective of whether such public record is a record of the City, or is a record of or is maintained by, another federal, state and/or other governmental entity and/or agency which maintains records which are available for, or subject to, public review. The requirements for specific factual determinations set forth below are intended to enure to the benefit of the City, its residents, and property owners, and not applicants. If, and to the extent that the Planning and Zoning Commission fails to render one or more of such determinations, that omission shall not constitute grounds upon which the respective applicant can seek to annul, reverse or modify any decision of the Planning and Zoning Commission. 1. Local Zoning Determinations The Commission shall make the following factual determinations as to whether the application meets the requirements for granting a special use permit under this Article. (i) Consistent with the Legislative Intent Set Forth within Section 5-1 3-2 Whether granting the application would be consistent with the legislative intent set forth within Section 5-13-2 hereinabove. Whether the proposed installation will meet each of the conditions and standards set forth within this Section in the absence of which the Planning and Zoning Commission is not authorized to grant a special use permit. CO Potential Adverse Aesthetic Impacts Whether the proposed installation will inflict a significant adverse aesthetic impact upon properties that are located adjacent to, or in close proximity to, the proposed site, or any other properties which are situated in a manner that they 33 r would sustain significant adverse aesthetic impacts by the installation of the proposed installation facility. (iii) Potential Adverse Impacts Upon Real Estate Values Whether the proposed installation will inflict a significant adverse impact upon the property values of properties that are located adjacent to, or in close proximity to the proposed site, or properties that are otherwise situated in a manner that would cause the proposed installation to inflict a significant adverse impact upon their value. (iv) Potential Adverse Impact Upon the Character of the Surrounding Community Whether the proposed installation will be incompatible with the use and/or character of properties located adjacent to or in close proximity to the proposed site or other properties situated in a manner that would cause the proposed installation to be incompatible with their respective use. (v) Potential Adverse Impacts Upon Historic Properties or Historic Districts Whether the proposed installation will be incompatible with and/or would have an adverse impact upon, or detract from the use and enjoyment of, and/or character of a historic property, historic site, and/or historic district, including but not limited to historic structures, properties and/or districts which are listed on, or are eligible for listing on, the National Register of Historic Places. (vi) Potential Adverse Impacts Upon Ridaelines or Other Aesthetic Resources of The City Whether the proposed installation will be incompatible with and/or would have an adverse aesthetic impact upon or detract from the use and enjoyment of, and/or character of, recognized aesthetic assets of the City, including but not scenic areas and/or scenic ridgelines, scenic areas, public parks, and/or any other traditionally or historically recognized valuable scenic assets of the City. (vii) Sufficient Fall Zones Whether the proposed installation shall have a sufficient fall zone and/or safe zone around the facility to afford the general public safety against the potential dangers of structural failure, icefall, debris fall, and fire. (viii) Mitigation Whether the applicant has mitigated the potential adverse impacts of the proposed facility to the greatest extent reasonably feasible. To determine mitigation efforts 34 on the part of the applicant, the mere fact that a less intrusive site, location, or design would cause an applicant to incur additional expense is not a reasonable justification for an application to have failed to propose reasonable mitigation measures. If when applying the evidentiary standards set forth in subparagraph A hereinabove, the Planning and Zoning Commission determines that the proposed facility shall inflict one or more of the adverse impacts described hereinabove to such a substantial extent that granting the respective application would inflict upon the City and/or its citizens and/or property owners the types of adverse impacts which this provision was enacted to prevent, the Planning and Zoning Commission shall deny the respective application for a special permit unless the Commission additionally finds that a denial of the application would constitute an effective prohibition, as provided for in Section (BXii) immediately hereinbelow. 2. TCA Determinations In cases within which an applicant has filed a Notice of Effective Prohibition Conditions," the Planning and Zoning Commission shall make three (3) additional factual determinations, as listed herein below: (i) Adequate Personal Wireless Services Coverage Whether the specific wireless carrier has adequate personal wireless services coverage within the geographic areas for which the applicant claims a significant gap exists in such coverage. (ii) Significant Gap in Personal Wireless Services of an Identified Carrier Whether the applicant has established, based upon probative evidence provided by the applicant and/or its representative, that a specific wireless carrier suffers from a significant gap in its personal wireless services within the City. In rendering such determination, the Commission shall consider factors including, but not necessarily limited to (a) whether the identified wireless carrier which is alleged to suffer from any significant gap in their personal wireless services has adequate service in its personal wireless services at any frequency being used by the carrier to provide personal wireless services to its end -use customers, (b) whether any such alleged gap is relatively large or small in geographic size, (c) whether the number of the carrier's customers affected by the gap is relatively small or large, (d) whether or not the location of the gap is situated on a lightly traveled road, or sparsely or densely occupied area, and/or (d) overall, whether the gap is relatively insignificant or otherwise relatively de minimis. A Significant Gap cannot be established simply because the carrier's customers are currently using the carrier's personal wireless services, but the frequency at 35 T which the customers are using such services is not the frequency most desired by the carrier. (iii) Least Intrusive Means of Remedying Gao(s) in Service Whether the applicant has established based upon probative evidence provided by the applicant and/or its representative, that the installation of the proposed installation, at the specific site proposed by the applicant, and the specific portion of the site proposed by the applicant, and at the specific height proposed by the applicant is the least intrusive means of remedying whatever significant gap or gaps which the applicant has contemporaneously proved to exist as determined by the Planning and Zoning Commission based upon any evidence in support of, and/or in opposition to, the subject application. In rendering such determination, the Commission shall consider factors including, but not necessarily limited to: (a) whether the proposed site is the least intrusive location at which a facility to remedy an identified significant gap may be located, and the applicant has reasonably established a lack of potential alternative Tess intrusive sites and lack of sites available for co -location, (b) whether the specific location on the proposed portion selected site is the least intrusive portion of the site for the proposed installation (c) whether the height proposed for the facility is the minimum height actually necessary to remedy an established significant gap in service, (d) whether or not a pre-existing structure can be used to camouflage the facility and/or its antennas, (e) whether or not, as proposed, the installation mitigates adverse impacts to the greatest extent reasonably feasible, through the employ of stealth design, screening, use of color, noise mitigation measures, etc., and/or (f) overall whether or not there is a feasible alternative to remedy the gap through alternative, less intrusive substitute installations, such as the installation of multiple shorter installations, instead of a single microcell facility. 3. Finding of Effective Prohibition or Lack of Effective Prohibition If, when applying the evidentiary standards set forth in subparagraph A hercinabove, the Planning and Zoning Commission affirmatively determines that the applicant has failed to establish either: (a) that an identified wireless carrier suffers from a significant gap(s) in its personal wireless services within the City, and/or (b) that the applicant has failed to establish that the proposed installation is the least intrusive means of remedying any such gap or gaps, then the Planning and Zoning Commission may deny the application pursuant to Section (B)(i) hereinabove, and such denial shall not constitute an "effective prohibition." If when applying the evidentiary standards set forth in subparagraph A hereinabove, the Planning and Zoning Commission affirmatively determines that the applicant t established both: (a) that an identified wireless carrier suffers from a significant gap in personal wireless services within the City, and (b) that the proposed installation is the least intrusive means of remedying such significant gap or gaps, then the Planning and 36 Zoning Commission shall grant the application, irrespective of any determinations the Commission may make pursuant to Section (BXi) hereinabove, because any such denial would constitute an "effective prohibition." 5-13-11 Retention of Consultants A. Use of Consultants Where deemed reasonably necessary by the Planning and Zoning Commission and/or the City, the Planning and Zoning Commission and/or the City may retain the services of independent professional consultants to assist the Planning and Zoning Commission in carrying out its duties in deciding special permit applications for personal wireless service facilities. Where the Planning and Zoning Commission uses the services of private engineers, attorneys, or other consultants for purposes of engineering, scientific, land use planning, environmental, legal, or similar professional reviews of the adequacy or substantive aspects of applications or of issues raised during the course of review of applications for special permit approvals of personal wireless service facilities, the applicant and landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and necessary costs incurred by the City for such services. In no event shall that responsibility be greater than the actual cost to the City of such engineering, legal, or other consulting services. B. Advance Deposits for Consultant Costs The City and/or Planning and Zoning Commission may require advance periodic monetary deposits held by the City on account of the applicant or landowner to secure the reimbursement of the City's consultant expenses. The City shall establish policies and procedures for the fixing of escrow deposits and the management of payment from them. After audit and approval of itemized vouchers by the City Treasurer as to reasonableness and necessity of the consultant charges, the City may make payments from the deposited funds for engineering, legal or consultant services. Upon receiving a request by the applicant or landowner, the City shall supply copies of such vouchers to the applicant and/or landowner reasonably in advance of audit and approval, appropriately redacted where necessary to shield legally privileged communications between City officers or employees and the City's consultant. When it appears that there may be insufficient funds in the account established for the applicant or landowner by the City to pay current or anticipated vouchers, the City shall cause the applicant or landowner to deposit additional sums to meet such expenses or anticipated expenses in accordance with policies and procedures established by the City. Consultants shall undertake no review on any matter scheduled before the Planning and Zoning Commission until the initial escrow deposit has been made or requested replenishment of the escrow deposit has been made. No reviewing agency shall be obligated to proceed unless the applicant complies with escrow deposit requirements. C. Reasonable Limit Upon Consultant Expenses 37 A consultant expense or part thereof is reasonable in amount if it bears a reasonable relationship to the customary fee charged by engineers, attorneys, or planners within the region for services performed on behalf of applicants or reviewing Commissions in connection with comparable applications for land use or development. The City may also take into account any special conditions for considerations as it may deem relevant, including but not limited to the quality and timeliness of submissions on behalf of the applicant and the cooperation of the applicant and agents during the review process. A consultant expense or part thereof is necessarily incurred if it was charged by the engineer, attorney or planner, or other consultants for a service which was rendered to assist the Planning and Zoning Commission in: (a) making factual determinations consistent with the goals of protecting or promoting of the health, safety or welfare of the City or its residents; (b) accessing potential adverse impacts to historic properties, structures and/or districts, and/or (c) assessing and determining factual issues relevant to effective prohibition claims, as addressed herein, to enable the Commission to best comply with the letter and intent of the provision of the TCA which is relevant thereto. D. Audits Upon the Reouest of an Applicant Upon request of the applicant or landowner, the City shall review and audit all vouchers and determine whether such engineering, legal and consulting expenses are reasonable in amount and necessarily incurred by the City in connection with the review and consideration of a special permit application for personal wireless service facility. In the event of such a request, the applicant or landowner shall be entitled to be heard by the City on reasonable advance notice. E. Liability for Consultant Expenses The owner(s) of the subject real property, if different from the applicant, shall be jointly and severally responsible for reimbursing the City for funds expended to compensate services rendered to the City under this section by private engineers, attorneys, or other consultants. For a land -use application to be complete, the applicant shall provide the written consent of all owners of the subject real property, both authorizing the applicant to file and pursue land development proposals and acknowledging potential landowner responsibility, under this section, for engineering, legal, and other consulting fees incurred by the City. The applicant and the owner shall remain responsible for reimbursing the City for its consulting expenses, notwithstanding that the escrow account may be insufficient to cover such expenses. No building permit or other permit shall be issued until reimbursement of costs and expenses determined by the City to be due. In the event of failure to reimburse the City for such fees, the following shall apply: The City may seek recovery of unreimbursed engineering, legal, and consulting 38 fees by court action in an appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorney's fees expended by the City in prosecuting such action. 5-13-12 Setback Reouirements A. Small Wireless Facilities 1. Within a Commercial District or a Utility District, the minimum setback shall be fifty (50) feet unless the facility is being installed upon a pre-existing utility pole or other utility structure. 2. Within all residentially -zoned districts. all Small Wireless Facilities shall he setback a minimum of one hundred fifty (150) feet from any exterior boundary and any adjacent residential dwelling or structure unless the facility is being installed upon a pre-existing utility pole. B. Cell Towers and all personal wireless service facilities that do not meet the definition of a Small Wireless Facility l . Each proposed wireless personal service facility and personal wireless service facility structure, compound, and complex shall be located on a single lot and comply with applicable setback requirements. Adequate measures shall be taken to contain on -site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties. 2. Each lot containing a wireless personal service facility and personal wireless service facility structure, compound, and complex shall have the minimum area, shape, and frontage requirements generally prevailing for the zoning district where located. 3. Telecommunications towers shall comply with the following special minimum setback requirements within Commercial District or a Utility District: (i) Street line: height of the tallest tower or self -standing or guy -wired wireless support structure plus 50 feet. (ii) Side and rear lines: half the height of the tallest tower or self -standing or guy -wired wireless support structure (iii) Setback from adjoining residential zoning district: height of the tallest tower or self -standing or guy -wired wireless support structure plus 50 feet. 4. The minimum front, side, and rear yard setback requirements for telecommunications towers and located within a Residential Zoning District shall be 110% of the height of the tower. 5-13-13 Heieht Restrictions 39 A. Small Wireless Facilities Personal Wireless Service Facilities which meet the definition of a Small Wireless Facility shall not exceed a maximum height of 50 feet about ground elevation in a Commercial District or a Utility District and shall not exceed a maximum height of 45 feet within a Residential District. B. Non -Small Wireless Facilities Personal Wireless Service Facilities which do not meet the definition of a Small Wireless Facility shall not exceed a maximum height of 150 feet about ground elevation in a Commercial District. Facility shall not exceed a maximum height of 100 feet above ground elevation within a Utility District or within a Residential District. 5-13-14 Environmental Impacts If, and to the extent that, the Planning and Zoning Commission determines that a proposed installation bears the potential for a significant adverse impact upon the environment within the meaning of NEPA, then the Commission shall be expected to consider (a) the extent of adverse impacts upon the environment and (b) what mitigation measures the applicant should be required to undertake, to minimize the adverse environmental impacts of the proposed facility. The Planning and Zoning Commission may make direct requests to the FCC for their review of the application. So long as the Planning and Zoning Commission acts with reasonable diligence in securing potential NEPA review from the FCC, if such environmental review requires a period of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond such period shall be deemed reasonable. 5-13-15 Historic Site Imnacts The Planning and Zoning Commission shall consider the potential adverse impacts of any proposed facility upon any historic site, structure, or district. If, and to the extent that, the Planning and Zoning Commission determines that a proposed installation bears the potential for a significant adverse impact upon a historic site or a historic district within the City, then the Commission may consult with SHP© and the FCC to obtain their review of the proposed project, and to ascertain: (a) the extent of adverse impacts upon the historic properties, and (b) what mitigation measure might the applicant be required to undertake to minimize the adverse environmental impacts and/or adverse impacts upon historic sites, structures and/or district. A request by the Commission to the FCC may include, but not be limited to, a request to the FCC for a Section 106 review, as defined in this Article, as the City recognizes each application 40 for a special permit for the installation of a personal wireless services facility shall constitute an undertaking for purposes of compliance with the National Historic Preservation Act. So long as the Planning and Zoning Commission acts with reasonable diligence in completing its Historic preservation review, if obtaining SHPO and/or FCC review requires a period of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond such period shall be deemed reasonable. 5-13-16 Force Maieure In the event that the rendering of a final decision upon a special permit application under this Article is delayed due to natural and/or unnatural events and/or forces which are not within the control of the City or the Planning and Zoning Commission, such as the unavoidable delays experienced in government processes due to the COVID 19 pandemic, and/or mandatory compliance with any related federal or state government orders issued in relation thereto, such delays shall constitute reasonable delays which shall be recognized as acceptable grounds for extending the period for review and the rendering of final determinations beyond the period allotted under the applicable shot clock. 5-13-17 Eleventh Hour Submissions In the event that an applicant tenders eleventh -hour submissions to the City and/or the Planning Commission in the form of (a) expert reports, (b) expert materials, and/or (c) materials which require a significant period for review due either to their complexity or the sheer volume of materials which an applicant has chosen to provide to the Commission at such late point in the proceedings, the Planning and Zoning Commission shall be afforded a reasonable time to review such late -submitted materials. If reasonably necessary, the Planning and Zoning Commission shall be permitted to retain the services of an expert consultant to review any late -submitted expert reports which were provided to the Commission, even if such review or services extend beyond the applicable shot clock period, so long as the Commission completes such review and retains and secures such expert services within a reasonable period of time thereafter, and otherwise acts with reasonable diligence in completing its review and rendering its final decision. 5-13-18 Prohibition Asainst Illegally Excessive Emissions & RF Radiation Testing As disclosed upon the FCC's public internet website, personal wireless services facilities erected at any height under 200 feet are not required to be registered with the FCC. Of even greater potential concern to the City is the fact that the FCC does not enforce the RF radiation limits codified within the CFR by either: (a) testing the actual radiation emissions of wireless facilities either at the time of their installation or at any time thereafter, or (b) requiring their owners to test them. See relevant excerpts from the FCC's public internet website at www.fcc.gov addressing lack of registration requirements for Wireless Facilities less than 200 feet in height (ARS) and the lack of enforcement of exposure limits (RF Safety). 41 This means that when wireless facilities are constructed and operated within the City, the FCC will have no idea where they are located and no means of determining, much less ensuring, that they are not exposing residents within the City and/or the general public to illegally excessive levels of RF Radiation. The City deems it to be of critical importance to the health, safety, and welfare of the City, its residents, and the public at large that personal wireless service facilities do not expose members of the general public to levels of RF radiation that exceed the limits which have been deemed safe by the FCC, and/or are imposed under CFR. In accord with the same, the City enacts the following RF Radiation testing requirements and provisions set forth hereinbelow. No wireless telecommunications facility or combination of facilities shall at any time be permitted to emit illegally excessive RF Radiation as defined in 5-13-3 or to produce power densities that exceed the legally permissible limits for electric and magnetic field strength and power density for transmitters, as codified within 47 CFR §1.1310(eX1), Table 1 Sections (i) and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3). To ensure continuing compliance with such limits by all owners and/or operators of personal wireless services facilities within the City, all owners, and operators of personal wireless service facilities shall submit reports as required by this section. As set forth hereinbelow, the City may additionally require, at the owner and/or operator's expense, independent verification of the results of any analysis set forth within any reports submitted to the City by an owner and/or operator. If an operator of a personal wireless service facility fails to supply the required reports or fails to correct a violation of the legally permissible limits described hereinabove, following notification that their respective facility is believed to be exceeding such limits, any special permit or other zoning approval granted by thc Planning and Zoning Commission or any other Commission or representative of the City is subject to modification or revocation by the Planning and Zoning Commission following a public hearing. 1. Initial Certification of Compliance with Applicable RF Radiation Limits Within forty-five (45) days of initial operation or a substantial modification ofa personal wireless service facility, the owner and/or operator of each telecommunications antenna shall submit to the Planning Administrator a written certification by a licensed professional engineer, sworn to under penalties of perjury, that the facility's radio frequency emissions comply with the limits codified within 47 CFR § 1.1310(e)(1), Table 1 Sections (i) and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3). The engineer shall measure the emissions of the approved facility, including the cumulative impact from other nearby facilities, and determine if such emissions are within the limits described hereinabove. 42 A report of these measurements and the engineer's findings with respect to compliance with the FCC's Maximum Permissible Exposure (MPE) limits shall be submitted to the Planning Administrator. If the report shows that the facility does not comply with applicable limits, then the owner and/or operator shall cease operation of the facility until.the facility is brought into compliance with such limits. Proof of compliance shall be a certification provided by the engineer who prepared the original report. The City may require, at the applicant's expense, independent verification of the results of the analysis. 2. Random RF Radiofrequency Testing At the operator's expense, the City may retain an engineer to conduct random unannounced RF Radiation testing of such facilities to ensure the facility's compliance with the limits codified within 47 CFR §1.13 I 0(e)(1) et seq. The City may cause such random testing to be conducted as often as the City may deem appropriate. However, the City may not require the owner and/or operator to pay for more than one test per facility per calendar year unless such testing reveals that one or more of the owner and/or operators facilities are exceeding the limits codified within 47 CFR §I .1310(e)( I ) et seq., in which case the City shall be permitted to demand that the facility be brought into compliance with such limits, and to conduct additional tests to determine if, and when, the owner and/or operator thereafter brings the respective facility and/or facilities into compliance. If the City at any time finds that there is good cause to believe that a personal wireless service facility and/or one or more of its antennas are emitting RF radiation at levels in excess of the legal limits permitted under 47 CFR §1.1310(e)(1) et seq., then a hearing shall be scheduled before the Planning and Zoning Commission at which the owner and/or operator of such facility shall be required to show cause why any and all permits and/or approvals issued by the City for such facility and/or facilities should not be revoked, and a fine should not be assessed against such owner and/or operator. Such hearing shall be duly noticed to both the public and the owner and/or operator of the respective facility or facilities at issue. The owner and/or operator shall be afforded not less than two (2) weeks written notice by first-class mail to its Notice Address. At such hearing, the burden shall be on the City to show that, by a preponderance of the evidence, the facility's emissions exceeded the permissible limits under 47 CFR §1.1310(e)(1) et seq. In the event that the City establishes same, the owner and/or operator shall then be required to establish, by clear and convincing evidence, that a malfunction of equipment caused their failure to comply with the applicable limits through no fault on the part of the owner/operator. If the owner and/or operator fails to establish same, the Planning and Zoning Commission shall have the power to, and shall, revoke any special permit, variance, building permit, 43 r and/or any other form of zoning -related approval(s) which the Planning and Zoning Commission, Zoning Commission of Appeals, Planning Administrator and/or any other representative of the City may have then issued to the owner and/or operator, for the respective facility. In addition, the Planning and Zoning Commission shall impose a fine of not less than $1,000, nor more than $5,000 for such violation of subparagraph 1. hereinabove, or, in the case of a second offense within less than five (5) years, a minimum fine of $5,000, nor more than $25,000. In the event that an owner or operator of one or more personal wireless facilities is found to violate subparagraph 1. hereinabove, three or more times within any five (5) year period, then in addition to revoking any zoning approvals for the facilities which were violating the limits codified in 47 CFR §1.1310(e)(1) et seq., the Planning and Zoning Commission shall render a determination within which it shall deem the owner/operator prohibited from filing any applications for any new wireless personal services facilities within the City for a period of five (5) years. 5-13-19 Bond Requirements & Removal of Abandoned Facilities and Reclamation I. Bond Reouirement At, or prior to the filing of an application for a special use permit for the installation of a new personal wireless service facility, each respective applicant shall provide a written estimate for the cost of the decommissioning, removal of the facility, including all equipment that comprises any portion or part of the facility, compound and/or complex, as well as any Accessory Facility or Structure, including the cost of the full restoration and reclamation of the site, to the extent practicable, to its condition before development in accord with the decommissioning and reclamation plan required herein. This estimate shall be reviewed by the Planning and Zoning Commission's engineer. Upon receiving a special permit approval from the Planning and Zoning Commission, and a building permit, prior to the commencement of installation and/or construction of such facility or any part thereof, the applicant shall file with the City a bond for a length of no less than three years in an amount equal to or exceeding the estimate of the cost of removal of the facility and all associated structures, fencing, power supply, and other appurtenances connected with the facility. The bond must be provided within thirty (30) days of the approval date and before any installation or construction begins. Replacement bonds must be provided ninety (90) days prior to the expiration of any previous bond. At any time the City has good cause to question the sufficiency of the bond at the end of any three-year period, the owner and/or operator of the facility, upon request by the City, shall provide an updated estimate and bond in the appropriate amount. 44 Failure to keep the bonds in effect is cause for removal of the facility at the owner's expense. A separate bond will be required for each facility, regardless of the number of owners or the location. 2. Removal of Abandoned Facilities Any personal wireless service facility that is not operated or used for a continuous period of twelve (12) consecutive months shall be considered abandoned. At the owner's expense, the owner of said facility shall be required to remove the facility and all associated equipment buildings, power supply, fence, and other items associated with such facility, compound and/or complex, and permitted with, the facility. If the facility is not removed within ninety (90) days, the bond secured by the tower owner shall be used to remove the facility and any Accessory Equipment and Structures. 5-13-20 ADA Accommodations [Reserved] 5-13-21 General Provisions A. ilalancina of Interests The City formally recognizes that, as has been interpreted by federal courts within the Second Circuit, when it enacted the TCA, Congress chose to preserve local zoning authority over decisions regarding the placement, construction, and modification of personal wireless facilities, 47 U.S.C. §332(c)(7)(A), subject only to the limitations set forth in subsection §332(c)(7)(b), consistent with the holding of the United States Court of Appeals in Sprint Spectrum L.P. v. Witloth. 176 F3d 630 (2nd Cir.1999) and its progeny. and the City has relied upon such federal courts' interpretations of the TCA in enacting Chapter 13. The City similarly embraces the federal courts' determinations that the TCA was created to effectuate a balancing between the interests of facilitating the growth of wireless telephone service nationally and maintaining local control over the siting of wireless personal services facilities, as the Court additionally articulated in Omninoint Communications Inc. v. The City of White Plains. 430 F3d. 529 (2nd Cir. 2005), which includes preserving to local governments, including the City of Dalton Gardens, the power to deny applications for the installation of wireless personal services facilities, based upon traditional grounds of zoning denials, including, but not limited to, the potential adverse aesthetic impacts, or a reduction in property values which the construction of any proposed structure may inflict upon nearby properties or the surrounding community. This additionally includes the recognition that, under this balancing of interest test, "once an area is sufficiently serviced by a wireless service provider, the right to deny applications (for new wireless facilities) becomes broader" Crown Castle NG East LLC v. The City of Hempstead. 2018 WL 6605857. 45 It is the intent of the City that the City's Zoning Code be applied in a manner consistent with the balancing of interests codified within the TCA. Consistent with same, the City rejects and shall reject any current and/or future FCC interpretations of any provision of the TCA which are clearly inconsistent with, and/or are clearly contrary to, both the language of the TCA and binding decisions oldie United States Court of Appeals for the Second Circuit and United States District Courts within the Second Circuit. This includes a rejection of any FCC interpretations inconsistent with Willoth and any claims that the FCA legally prohibits the Planning and Zoning Commission from denying a special permit application, based solely upon a claim that an applicant desires the installation of its new facility for "densification" of its existing personal wireless services, or to offer a new service, irrespective of whether or not the carrier already possesses adequate coverage within the City, and irrespective of the potential adverse impact which the installation of such new facility or facilities would inflict upon the City, its property owners, citizens and/or communities. B. Conflict With Federal or State Laws To the extent that any provision of this Article is found to conflict with any applicable federal or state law, it is the intent of the City that the remaining portion of this Article which has not been found to conflict with such law be deemed to remain valid and in full force and effect. 46 Section 2. Dalton Gardens City Code Title 5, Chapter 3, Section 5-3-1 is hereby amended as follows: B. Allowed Uses: 1. See section 5-3-14, "Appendix 1 Activity Groups", of this chapter for general description and definition of each use. Administrative offices. Agricultural supplies and commodity sales. Automobile and accessory sales. Automobile renting. Automotive fleet storage. Automotive parking. Banks and financial institutions. Bars and taverns. Building maintenance service. Business supply retail sales. Business support service. Coffee and espresso stands. Co -location of small wireless facility. Co -location of wireless facility. Commercial film production. Communication service. Community assembly. Community organization. Construction retail sales. Consumer repair service. Convenience sales. Convenience service. Department stores. Essential public utility service. Farm equipment sales. Finished goods wholesale. Food and beverage stores. General construction service. Government facilities. Group assembly. Handicapped or minimal care facility. Home furnishing retail sales. Hospitals/healthcare. Hotel/motel. Laundry service. Microbreweries. Ministorage facilities. Neighborhood recreation. 47 4 Nursery sales and landscaping services. Nursing/convalescent/rest homes for the aged. Personal service establishments. Professional offices. Public recreation. Religious assembly. Restaurants. Retail gasoline sales. Small wireless facility. Spas and health clubs. Specialty retail sales. Veterinary office. Wineries. 2. Allowed Accessory Uses: Storage for primary use. suhject to the following restrictions: a. Any outdoor storage associated with an allowed or special use shall be stored within a completely enclosed building. or behind a six-foot (6') high< one hundred percent ( IGO%) site obscuring fence, or a six-foot (6') high landscaped berm. Such a fence or herm shall be configured so that materials within the outdoor storage area are not visible from adjacent properties, road rights of way, or from a parking area or driveway on the suhject property. The tbllowing items may be stored outside, outside of the aforementioned enclosure: ( I) Vehicle sales for display. (2) Lquipment rentals for display. (3) Limited inventory for advertising purposes. restricted to three (3) items on display shall not impede required parking spaces and circulation patterns. (4) An> equipment or inventory displayed shall not create a visual obstruction in the vision triangle that w ill interfere with the ingress or egress to a roadway or driveway. 3. Special Use Permits: See section 5-3-14, -Appendix 1 Activity Groups-, of this chapter for general description and definition °leach use. A structure, site or parcel may have more than one special use permit. Each special use is considered a separate permit. Adult entertainment sales and service. Automobile repair and cleaning. Car wash. Childcare facility. Commercial kennel. Commercial recreation. Community education. Custom manufacturing. Funeral service. Light industrial uses. Noncommercial kennel. New towers and all other wireless facilities. Veterinary hospital with hoarding facilities. 48 Warehouse/storage. Section 3. Dalton Gardens City Code Title 5, Chapter 3. Section 5-3-14 is hereby amended as follows: 5-3-14: APPENDIX 1 ACTIVITY GROUPS: Administrative. Activities typically performed by public. quasi -public, and public utility administrative offices such as City. County. State or similar offices. Adult entertainment. Activities, whether conducted intermittently or full time, that primarily involve the display. exhibition. or viewing or pcoplc and/or materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts or by emphasis on male or female genitals, buttocks or female breasts; typical of adult motion picture theaters. adult mini -motion picture theaters. and adult motion picture arcades. arid including massage parlors and bathhouses. Adult entertainment retail sales. Activities. whether conducted intermittently or full time. that primarily involve the sale of books. magazines, films. photographs or other materials distinguished or characterized by an emphasis on matter depicting, describing or pertaining to human sex acts or by an emphasis on nude or female genitals, buttocks or female breasts. typical of adult motion picture theaters. adult mini -motion picture theaters, adult motion picture arcade and adult bookstores. Agricultural supply and commodities sales. Activities that typically include the sale from the premises of feed and grain, fertilizers, pesticides. herbicides. animal care equipment. Amusement park. A permanent outdoor facility , which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or the sale of items. and buildings tilt- shows and entertainment. Auto camps. Activities that include the provision of spaces for lodging for transient or semipermanent guests in semipermanent dwelling structures, typically tents, travel trailers, and camper vehicles. Automotive accessory retail sales. Activities that include the retail sale from the premises of motor vehicle parts and accessories: such activities are typical of firms selling tires. batteries, mufflers. auto glass, and auto upholstery. but excluding tire recapping. Automotive fleet storage. Activities that include the storage of vehicles used regularly in business operations and not available for sale, typically including overnight storage of rental cars. mobile catering trucks, taxicabs-, etc. Automotive parking. Activities that include the temporary parking of motor vehicles on a fee or free basis within a privately owned, off street parking area, and not the parking of commercial vehicles nor vehicles for sale. Automotive rental. Activities that include the rental from the premises of motor vehicles, with provision of incidental maintenance service, typically performed by car rental agencies. Automotive repairieleanitw. Activities that include the major repair or painting of motor vehicles. including bodywork and installation of major accessories as well as the washing and polishing of motor vehicles. 49 Automotive sales. Activities that include the sale from the premises of motor vehicles, with incidental maintenance: such activities are typical of new or used auto, boat and mobile home dealers. Aviation field or landing strips. Banks and financial services. Activities that include the pro v ision of financial services: such activities are typical of banks. savings and loan associations. and credit institutions. Bar and tavern. An establishment where alcohol and sometimes food is served. Brewery. "Brewery" is a distillery where beer, wine and alcoholic beverages are brewed. Building maintenance sery ices. Activities that include the provision. primarily to firms rather than indis iduals. of maintenance and custodial services. including window cleaning services, disinfecting and exterminating services, janitorial service.s. and carpet cleaning services. Bulk liquid fuel storage. Activities that include the storage and pumping of liquid fuel products for wholesale distribution. Bulk petroleum stations and terminals. This is an industrial land use that is comprised of establishments with bulk liquid storage facilities primarily engaged in wholesaling crude petroleum and petroleum products. including liquefied petroleum gas. Business supply retail sales. Activities that include the retail sale or rental from the premises of the office equipment and supplies and similar goods primarily to individuals. firms and other organizations utilizing the goods: they exclude the sale or rental of motor vehicles and the sale of materials used in construction of buildings or other structures: such activities are typical of barber equipment and supply firms, and hotel or office equipment and supply Finns. Business support services. Activities that include the provision. primarily to firms rather than indi‘ iduals, of services of a clerical, employment. protective. or minor processing nature, including multicopy and blueprint services: they exclude the printing of books, other than pamphlets and small reports for another firm. and the storage of goods other than samples for sale. CAR) (Concentrated A ni mal Feeding Operation). Defined in Idaho Code 67-6529C( I ). Car wash. A facility that either is used manuallyor automatically to wash the exterior or interior of automobiles. Chemical plant. A "chemical plant" is an industrial facility where chemicals are produced and stored. Co -location of small wireless facility. Installation of new or additional equipment on an existing small wireless facility under Title 5. Chapter 13. Tyne I. Co -location of wireless facility. Installation of new or additional equipment on an existing wireless facility under Title 5. Chanter 13 Type II. Commercial film production. A use whose activities may he conducted intermittently or full time. and which includes the accommodation of motion picture filming and videotape production for commercial distribution. Commercial recreation. Activities that include profit oriented sports activities perfortneci either indoors or outdoors. which require a facility for conducting the recreational activity: such activities are typical of swimming centers. skating rinks, tennis courts, racquetball courts* golf courses, etc.* but does not include riding stables. amusement parks or theme parks. Communication services. Activities that include the provision of broadcasting and other information relay services accomplished primarily through use of electronic and telephone mechanisms: such activities are typical of television and radio studios and telegraph offices. 50 Community assembly and cultural/nonassembly. Activities typically- performed by, or at the following institutions or installations: A. Public meeting halls. B. Nonprofit museums, art galleries. libraries, and observatories. Community education. Community education is a campus based program that provides educational. sociai cultural. economic. and workforce development opportunities that meet the diverse needs of the communities it serves. Typical classes may include, but are not limited to, personal enrichment. hobbies, skill building, and career training. Community- education can also include establishments for children such as foster care. childcare facilities. kindergartens and public and private schools. Community organizations. Activities typically performed by nonprofit organizations whether social, charitable. civic, or professional. '[his includes organizations such as the Chamber of Commerce. thc Red Cross. labor unions. political organizations. and similar groups. Construction retail sales. Activities that include the retail sale or rental from the premises of goods and equipment. including paint, glass, hardware, fixtures. electrical supplies and lumber, primarily to individuals rather than firms: such activities are typical of hardware stores. Consurner repair services. Activities that include the provision. principally to individuals rather than firms, of repair services such as apparel, shoe, upholstery, furniture. and electrical appliance repair services. Convenience sales. Activities that include the retail sale from the premises of drugs and other frequently needed small personal convenience items such as toiletries. tobacco and magazines. including small grocery stores. Convenience services. Activities that include the provision. to individuals, of convenience services which are typically needed frequently or recurrently, such as beauty and barber care, and apparel laundering and dry cleaning. Crematory. A building where bodies are incinerated. Crematories may be an accessory use to a funeral home: however. a cremator) may have more intensive impacts than those of the funeral home. Custom manufacturing. Activities that include the production of goods and characterized by direct sale to the consulner. typically involving the manufacture, compounding, processing. assembling. packaging. treatment or fabrication of items that are not massed produced such as the following: A. Cameras and photographic equipment. but not film development. R. Custom clothing. C. Professional. scientific, measuring and control instruments. D. Musical instruments. E. 1 landicraft, art objects and jewelry. F. Printing, publishing or pattern making. G. Sign making. 11. Custom woodworkinu or custom metal working. Department store type retail sales. Activities that include the retail sale or rental from the premises of a wide range of general goods and merchandise primarily for personal or household use. principally including apparel, appliances and sundries: they exclude the sale or rental of motor vehicles, except for parts and accessories: such activities are typical of department or variety stores. 51 Dumping, storing, burying. reducing. disposing °for burning garbage, refuse, scrap metal. rubbish, offal ("offal" is the entrails and internal organs of a butchered animal) or dead animals. Essential public utility services. Activities that include the maintenance and operation of public utilities typical of electric, gas, telephone, sewer and water lines. Also included in this group are cemetery support services that are ordinary and necessary for the operation of a cemetery and that do not adversely impact the surrounding neighborhood. A monument company would be typical of a cemetery support service. Extensive impact. Activities that typically encompass large areas of land may detrimentally impact cenain neighboring areas typical of prisons. airports, large electrical transforming installations. refuse dumps, and military installations. Extractive uses. Activities that include the on site production of mineral products by extractive methods. typical of the following: A. Oil and gas field exploration. drilling and operation. B. Subsurface and surface mining and quarry ing of metallic and nonmetallic minerals, Farm equipment sales. Activities that include the sale from the premises of motor driven farm vehicles: such activities are typical of firms selling tractors or harvesting equipment. Finished ,goods. Activities that include the storage and wholesale sale to retailers from the premises of finished goods and foodstuffs. typical of wholesale food and apparel supply firms. Food and beverage sales/offsite consumption. Activities that include the retail sales from the premises of food and beverages for off premises consumption: such activities are typical of groceries. markets. liquor stores and retail bakeries. On site consumption seating areas of up to fifteen percent (15%) of the gross floor area may he provided. Food and beverage saleslon site consumption. Activities that include the retail sale from the premises of food or beverages prepared for on premises consumption: such activities are typical of restaurants and bars. Funeral Sell ices. Activities that include the provisions of undertaking. funeral and crematory services involving the care, preparation and disposition of human dead. Gasoline sales. Activities that include the sale from the premises of goods and the provision of services normally required in the operation and maintenance of automotive vehicles. including the principal sale of liquid fuel products. the incidental sale of tires. batteries. replacement items. and lubricating sere ices, and the performance of minor repairs: excluding wholesale sale of liquid fuel products. General construction services. Activities that include the provision of sery ices typically performed off the premises by building contractors. or by any of the trades involved in construction, typically including earthwork, plumbing. painting. electrical. roofing. carpentry. heating and sheet metal contracting when related to construction and other services. Activities include minor and incidental repair of equipment. Construction services includes structures. yards and facilities. Government facilities. A building, structure, infrastructure or land that is owned by the public. Group assembly-. Activities that include the provision of cultural, educational. and entertainment services to assembled groups of spectators or participants: such activities are typical of dance halls, theaters. skating rinks and meeting halls. Heavy industrial. Activities that include the manufacturing, compounding. processing, assembling. packaging, treatment or fabrication of articles or merchandise not usually enclosed in a building that operates in a manner that may degrade the environment in relation to air, vNater. 52 noise, visual quality, typical of factories that render raw materials to a more usable forms such as steel mills, pulp plants. electricity/generating facilities. gasohol and energy conversion plants, llome fumishing retail sales. Activities that include the retail sale from the premises of furniture and home appliances. primarily to individuals rather than firms: such activ ities are typical of furniture and appliance stores. llome occupation. An accessory activity performed within a living unit by an occupant of the living unit, which is incidental to the residential use of the living unit and is subject to the home occupation regulations set forth herein. Hospitallhealtheare. Activities typically performed by the following institutions: A. Hospitals and health clinics. B. Nursing homes, convalescent hospitals, rest homes, and homes for the aged, providing care for three (3) or more residents who require twenty fOur (24) hour skilled or intermediate care and medical supervision at a lower level than that provided by a hospital. C. Handicapped or minimal care facility providing twenty four (24) hour care, group dining and supervision for nine (9) or more residents who are: I. Physically or mentally handicapped or infirm and who arc in need of residential rather than medical care; or 2. Capable of taking care of themselves in independent living units, but who prefer personal supervision. Hotel/motel. Activities that include the provision of lodging services to transient guests on a less than weekly basis. Junkyards. automobile graveyards or places for the collection of scrap metal, paper. rags. glass or junk for salvage or storage purposes with the exception of land uses that meet title 3. chapter 3 of this Code. Juvenile offenders facility. Pro‘iding twenty four (24) hour care and supervision for three (3) or more children (plus 2 houseparents) who are under the age of eighteen (18) and unrelated to the houseparents, and who have been placed voluntarily or by,' a State agency, court order or a childcare agency, as a result of a criminal offense. The maximum number of residents shall be set by,. special use permit, where required. Laundry services. Activities that include institutional or commercial linen supply and laundry services. as well as diaper service laundries. Light industrial. Activities that include the manufacturing. compounding. processing. assembling. packaging. treatment. fabrication of articles or merchandise that is primarily indoors. including welding fabrication and repair with an on site operation that will not he significantly detrimental to the environment in respect to air. water, noise. and visual quality: typical of assemblage of appliances, photographic developing. enclosed bottling plants. textile, manufacture, metal fabrication, cabinet shops. plants. tire recapping and food canning, but not processing; lumber, saw and planing mills are included within this category. Manufacture or storage of explosives or gunpowder with the exception of retail sale of gunpowder for firearms. Metal powder works. The production and sale of metal powders, metal flakes, metal fibers or nonmetallic powder additives used with these materials, such as graphite or lubricants. Microbrewery. A brewery producing specialty beer. This may include area for retail sales. Ministorage. Activities that include the provision of -personal, self-service storage facilities, not intended for use by freight handling, shipping. weighing. or trucking services or similar entities; typical of commercial ministorage facilities. 53 Mixed use. A combination of uses inside a single building or set of buildings on a sink parcel. typically a combination of unrelated businesses. Neighborhood recreation. Activities that include the use °Ismail open space for unstructured or passive recreation. typical of neighborhood or pocket parks: these parks. which could be publicly or privately owned and maintained, provide for the low intensity recreational needs of the immediate local vicinity. New towers and all other wireless facilities, f nstallation. of new towers or other wireless facilities under Title 5. Chapter 13. Type IV. Outdoor theaters. Outdoor theaters include drive-in movie theaters, stadiums and field houses. Personal services. Activities that include the provision of informational, instructional. and similar services of a personal hut nonprofessional nature. such as driving schools. travel bureaus, and photography studios. Professional and administrative offices. Activ ities that include managerial, clerical. consultation and professional, including medical, services Jr therapeutic, preventative or corrective personal treatment. typically performed by the lbllowing: A. insurance and real estate offices. B. Architects. engineers. lawyers and accounting offices. C. Planninc and educational research service. D. Doctors. dentists and other healthcare practitioners. E. Medical testing and analysis service.s. -F. Corporate headquarters. branch offices and data storage centers. Public recreation. Activities ty pica! of institutionally owned structures or public open space for passive or active recreation programs and life sports that include Municipal parks, school playgrounds, public beach. Recycling plant. A plant for reprocessing used or abandoned materials. Religious assembly. Activities typically performed at churches. temples, synagogues. and other centers established tbr the pursuit of religious beliefs: this includes accessory, residential uses typical of such religious centers. Restaurant. An establishment where food and sometime liquor or alcoholic beverages are served for profit. Slaughterhouse. "Slaughterhouse" is a place where animals marketed for meat are killed humanely and processed; this includes the distilling of bones, fat or glue: glue or Ltelatiri manufacturing. Small wireless facility. Installation of new small wireless facility under Title 5, Chapter 13, Type Solid waste facility or solid waste transfer station. t)umping. storing. bury ing. reducing. disposing of or burning garbage. refuse, scrap metal. rubbish. offal ("offal" is the entrails and internal organs ola butchered animal) or dead animals. Specialty retail sales. Activities that include the sale or rental from thc premises of particular or predominant types of goods and merchandise primarily for personal or household use: they exclude the sale or rental of motor vehicles, parts and accessories, furniture and major appliances. and materials used in the construction of buildings or other structures: such activ ities are typical of apparel. antique. camera and flower stores. Storage and warehousing. Activities that include the provision of warehousing. storage. freight handling, shipping. weighing, and trucking sery ices: except for the storage alive animals. 54 Typical activities include moving and storage services, public warY:houses, trucking firms, and recycling centers. Tanneries including the tanning. curing or storage of ravvhides or skins. Theme park. An amusement park in which landscaping. buildings, and attractions are based on one or more specific themes. as jungle wildlife. fair) tales. or the Old West. Unfinished goods. Activities that include the storage and wholesale sale from the premises of unfinished, raw. or semi- refined projects requiring further processing, fabrication, or manufacturing. Veterinary activities. Activities that include the provision of animal care. treatment. surgery and boarding services. but excluding the hoarding of horses or cattle, typically performed by animal clinics. hospitals and kennels, as follows: A. Veterinary office. Activities that include the provision of healthcare for small domestic animals (such as cats, dogs and rabbits). Such activities are ty pical of small animal clinics and facilities for which are indoors. B. Veterinary hospital. Activities that include the provision of healthcare, surgery and hoarding services for small and large animals. Facilities for this type of activity generally require hoarding facilities and outdoor areas. Winery. A building or property that produces wine. or a business involved in the production of wine. A winery may include retail sales of wine. Wirekj kx.xranunieation4aei (WCF). Any faei 4+1.5114%4w te.../tre. include-sitint-efeasz Section 4. Dalton Gardens City Code Title 5, Chapter 4, Section 5-4-1 is hereby amended as follows: 5-4-1: USE RESTRICTIONS: A utility district shall permit no land uses other than the maintenance of wells, pumps. pump houses. water tanks, pipes. fencing and accessory structures or buildings. all of which must be compatible with one another. Co -locations of existine small wireless facilities. co -locations of wireless facilities and new small wireless facilities under Title 5, Chanter 13 (Types 1 through III) are permitted uses in the utility' district. New towers and all other wireless facilities under Title 5, Chapter 13 (Type IV) require a special use permit in the utility district. Section 5. Dalton Gardens City Code Title 5, Chapter 4, Section 5-5-2 is hereby amended as follows: 5-5-2: SPECIAL USES: The following uses are permitted only with a special use permit issued pursuant to this chapter, and except for the uses herein specified; no other use can be made of such land or structures located within the Residential District: Accessory buildings prior to construction of a single family dwelling. Churches. Equine boarding facilities. "Equines" are defined as horses. ponies. mules and donkeys, or any other animal belonging to the family Equidae. "Equine hoarding facilities" are defined as any 55 facilities used for the care and maintenance of another individual's equines for profit by the property owner or indix idual residing on the property'. For purposes of this use. "profit" is any exchange of money or sere ices tier the care and maintenance of two (2) or more equines. More specifically. care and maintenance may include, but is not limited to. providing anything from minimal to full set-% ice boarding. Nlinimal boarding is where the property owner prof ides only shelter andlor grain. and the equine's owner pro ides all other care. lull senicc boarding is where a range of .sert ices are provided by the propert) owner that may include feeding. exercise and SCCfjflUflh can.. Public and private schools. Public. Municipal and government uses. including fire. police and safety uses. This use category includes the land. premises and buildings. This use excludes public parks. Public utility structures such as substations. pumping plants. telephone exchanues and similar uses. Wireless facilities. small wireless facilities, co -locations of either existing small wireless facilities or existing wireless facilities (Tvoes I through IV) under Title 5. Chanter 13 Dalton Gardens Citv Code. Section 6. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction. the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 7. All provisions of the current Dalton Gardens Municipal Code or ordinances of the city of Dalton Gardens which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 8. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to taw. Passed under suspension of rules upon which a roll call vote was duly taken and duly enacted an Ordinance of the City of Dalton Gardens al a regular session of the City Council on .June 30, 2012. APPROVED this 301h day ofJune, 2022. ATTEST: 56 Dan Edwards, Mayor Staff Recommendation FY23 to FY 27 Capital Maintenance Plan FY 22-23 CAPITAL MAINTENANCE Project Name Jackson House City Hall Server FEMA Repair 4A Project Details CC score Est. Cost FY 23 General Fund Request PW CM-15 Heritage Park Renovation Year Requested:2023 Priority: 67* $ 130.0 $ Planned FY 2022 Amount Requested: $130K IT CM-7 City Hall Servers Year Requested: 2023 Priority: Planned Replacement Amount Requested: $8.5K PW CM-17 NEW Jackson House Year Requested: 2023 Priority: Planned Replacement Amount Requested: $100K L CM-11 FEMA Trail Repair #4 Year Requested: 2023, Incomplete in FY 21 & 22 Priority: FEMA Amount Requested: $254K Increased Cost: $81K TRL CP-4 N. Channel Bank Repairs Year Requested: 2023 Priority: Emergency Amount Requested: $550K PW CM-16 NEW d d Equipment Replacement E E Year Requested: Annual , Priority: Planned c Replacement Amount Requested: $2.5K J PW CM-1 Heritage Park Renovation Design & Engineering Year Requested: 2023 Priority: Planned Replacement Amount Requested: $1M PW CM-18 NEW Library Air Unit Upgrade Year Requested: 2023 Priority: ARPA Eligible Amount Requested: $90 32.8 $ 8.5 $ 28.4 $ 100.0 $ 27.6 $ 254.0 $ $ 8.5 Outside Carry Forward Funding FY 22 - $ 130.0 90.0 $ 10.0 $ 254.0 $ 129.0 $ 27.2 $ 550.0 $ 550.0 $ 26 $ 2.5 $ 24.6 $ 2.5 $ 1,495.0 $ 595.0 $ NO SCORE $ 90.0 TP CM-1 Floodway/Property Protection Year Requested: Annual 23.4 $ 10.0 Priority: Partnership Amount Requested: $10K $ $ 90.0 $ $ (10.0) $ 900.0 Notes Score is from FY 22 staff prioritization rankings, project is carry forward from FY22- unable to install within current FY due to supply chain issues. Fully funded in year requested Fully funded in year requested, $5K CLG Grant funding requires $5K local match for a historic structures report. Structures report will infomr the work to be completed to stabilize the house. Design process for conversion to public use. Incomplete in FY 20, 21 & 22. Went to RFP in FY 22 and the cost was significantly above budget. Money was reallocated to N. Channel Trail & Park Security . Fully funded in FY 23 - Up to $129K Post construction reimbursement from FEMA City must fund the project then seek reimbursement. Assumes Reimbursement is returned to Capital maintenance set aside fund. Reimbursement can be used to off set the FY 23 Floodway Mitigation and the Library Roof Project (see below) Fully funded in y5ar requested. Project hos a 50% out side match. The cost reflected is the City's share to stablize bank and install concete pathway to the City's new standard. Width will vary based on condition. Fully funded in year requested 49% funded in FY 23. $900K of carry forward from FY 22- $100k was used to fund Shooting sports park TIS, habitat and noise study. The design projects was unable to be completed in FY22 and will be carried forward to FY 23 and joined with Engineering & Construction drawings making the project amount $1.49M in FY 23. Underfunded by 610K. Goal is to construct park inF Y 24 at same time as DT Roadway projects. Project is ARPA Eligible as it will replace existing unit but include air filtration and exchange that is not currently part of the system. Insufficient funding in FY 23, deferred 1 year to FY 24. City has been asked by FCD #10 to support a grant for - Boise River modeling with a $10K match. Could be funded with FEMA Reimbursement from TRL CM-11- Project may need to be conditioned $ 2,640.0 > 1500 0 $ 219.0 $ 1,030.0 Total CM PLAN a Outside Funding Carry Forward .i from FY 22 FY 23-24 CAPITAL MAINTENANCE Project CC General Fund Outside Name Project Details score Est. Cost Request Funding IT CM-7 City Hall Servers Year Requested: 2024 63 $ 95.0 $ 95.0 $ Priority: High Amount Rpnuactprl• 4gSK = sn g cu d U � a 0 N Backbone 2024 Equipment Infrastructure IT CM-3 Backbone Infrastructure Year Requested: 2024 Priority: High Amount Requested: $118K PW CM-16 NEW 2023 Equipment Replacement Year Requested: Annual Priority: Planned Replacement Amount Requested: $1.2K PW CM-13 2024 Vehicle Replacements Year Requested: 2024 Priority: Annual Replacement Amount Requested: $50K IT CM-8 NEW Chambers Audio/Recording Year Requested: 2023 Priority: High Amount Requested: $80K PW CM-8 Library Roof Replacement Year Requested: 2023 Priority: Planned Replacement Amount Requested: $80K TP CM-1 2024 Floodway/Property Protection Year Requested: Annual Priority: Partnership Amount Requested: $10K PW CM-6 City Hall Parking Lot Year Requested: 2024 Priority: Planned Replacement Amount Requested: $20K PW CM-1 Heritage Park Renovation Construction Year Requested: 2024 Priority: Planned Replacement Amount Requested: $1M PW CM-8 Library Parking Lot Year Requested: 2024 Priority: Planned Replacement Amnnnt Peniipctpri• G411( 28.4 $ 118.0 $ 118.0 $ 26.4 $ 1.2 $ 1.2 $ 25.8 $ 50.0 $ 50.0 $ 24 $ 80.0 $ 80.0 $ 23.6 $ 400.0 $ 400.0 $ Notes Fully funded in year requested Fully funded in year requested Fully funded in year requested Fully funded in year requested, unclear if this is vehicle replacement of fleet expansion. If expansion needs transferred to Capital Projects Insufficient funding FY23, deferred 1 year to FY 24 Insufficient funding FY 23, deferred 1 year to FY 24, Cost estimate increased from 80K to 400K. 22 $ 10.0 $ 10.0 $ Fully funded in year requested 21.6 $ 20.0 $ 20.0 Fully funded in year requested 20 $ 1,000.0 $ 1,000.0 19.4 $ 30.0 $ Fully funded in year requested, Project is timed to occur with the Dowtown Mobility improvements with ACHD. 30.0 Fully funded in year requested $ 1,804.2 $ 1,804.2 Total CM PLAN General Fund Request Outside Funding FY 24-25 CAPITAL MAINTENANCE Project Name Project Details FI 2025 Vehicle Replacement IT CM-3 Backbone Infrastructure Year Requested: 2025 Priority: High Amount Requested: $5K PW CM-13 2025 Vehicle Replacements Year Requested: 2025 Priority: Annual Replacement Amount Requested: $60K CC General Fund Outside score Est. Cost Request Funding 25.2 $ 5.0 $ 5.0 $ 20.6 $ 60.0 $ TP CM-1 g 2025 Floodway/Property N 3 u Protection N e a`o Year Requested: Annual Priority: Partnership Amount Requested: $10K PW CM-5 Guerber Park Parking Y Year Requested: 2023 o is Priority: Planned t a Replacement Amount RequRgO:� Alf TRL CM-4 ▪ Greenbelt Merrill Park a = Year Requested: 2023 dPriority: Planned d Y Replacement t, Amount Requested: $180K Tnrreas d f nct• 4601 DPW CM-9 - w Merrill Park Parking Lot c Y Year Requested: 2024 � • A Priority: Planned a. Replacement Amount Requested: $20K Lakemoor Trail 2023 Trail Greenbelt Lonesome Dove I Maintenance Lakemoor Trail Year Requested: 2024 Priority: Planned Replacement Amount Requested: $321K • $ 97K PW CM-15 NEW Trail Maintenance Year Requested: Annual Priority: Planned Replacement Amount Requested: $20K TRL CM-5 Greenbelt Lonesome Dove to Edgewood Year Requested: 2023 Priority: Planned Replacement Amount Requested: $135K sed Cost: $46K PW CM-4 Friendship Park Shelter Roof Year Requested: 2023 Priority: Planned Replacement .Amount Renuected• S7.5K PW CM-15 NEW 2024 Trail Maintenance Year Requested: Annual Priority: Planned Replacement Amount Requested: $11K 60.0 $ 19 $ 10.0 $ 10.0 $ 18.4 $ 50.0 $ 50.0 $ 18 $ 180.0 $ 180.0 $ 14.6 $ 20.0 $ 20.0 $ 14.6 $ 321.0 $ 321.0 $ 14.4 $ 20.0 $ 20.0 $ 14.4 $ 135.0 $ 135.0 $ 14.2 $ 7.5 $ 7.5 $ 13.2 $ 11.0 $ 11.0 $ Notes Fully funded in year requested Fully funded in year requested Fully funded in year requested Insufficient funding, deferred 2 years to FY 24 Insufficient funding in FY 23, deferred 2 year to FY 25. The City needs to confirm partnership with Eagle River Insufficient funding, deferred 1 year to FY 25 Insufficient funding, deferred 1 year to FY 25 Insufficient funding in FY 23, deferred 2 year to FY 25 Insufficient funding in FY 23, deferred 2 years to FY 25 Insufficient funding in FY 23, deferred 2 years to FY 25 Insufficient funding in FY 24, deferred 1 year to FY 25 131 to A c W. A IC a a t to '^ c c c N dF a` v 0 o ar to Eo to co 0 0 J PW CM-9 Ada/Eagle Sports Complex Parking Lot Year Requested: 2024 Priority: Planned Replacement Amount Requested: $100K PW CM-4 Friendship Park Tennis Courts Year Requested: 2024 Priority: Planned Replacement Amount Requested: $60K TRL CM-7 Lonesome Dove Bridge Removal Year Requested: 2024 Priority: Planned Replacement Amount Requested: $30K Increased Cost: $10K PW CM-4 Friendship Park Playground Replacement Year Requested: 2024 Priority: Planned Replacement Amount Requested: $130K PW CM-2 Sr. Center Parking Lot Year Requested: 2024 Priority: Planned Replacement Amount Requested: $20K PW CM-2 Interior Sr. Center Paint Year Requested: 2023 Priority: Planned Replacement Amount Requested: $20K PW CM-2 Exterior Sr. Center Paint Year Requested: 2023 Priority: Planned Replacement Amount Requested: $15K 12.6 $ 100.0 $ 100.0 $ Insufficient funding in FY24 deferred 1 year to FY 25 10.8 $ 60.0 $ 60.0 $ Insufficient funding in FY24 deferred 1 year to FY 25 9 $ 30.0 $ 30.0 $ Insufficient funding in FY24, deferred 1 year to FY 25 8.8 $ 130.0 $ 130.0 $ Insufficient funding in FY24, deferred 1 year to FY 25 7.6 $ 20.0 $ 20.0 $ Insufficient funding in FY24, deferred 1 year to FY 25 6.4 $ 20.0 $ 20.0 $ 6.2 $ 15.0 $ 15.0 $ $ 1,194.5 $ 1,194.5 $ Total CM PLAN General Fund Outside Funding Request Insufficient funding in FY23, deferred 2 years to FY 25 Insufficient funding in FY23, deferred 2 years to FY 25 FY 25-26 CAPITAL MAINTENANCE Project CC General Fund Outside Name Project Details score Est. Cost Request Funding IT CM-6 Plotter Replacement Year Requested: 2026 Priority: Planned Replacement Amount Requested: $12K IT CM-3 Backbone Infrastructure Year Requested: 2026 Priority: High Amount Requested: $16K TRL CM-3 44 Trail Year Requested: 2026 Priority: Repair Amount Requested: $227K Amount Increased: $76K TP CM-1 Floodway/Property Protection Year Requested: Annual Priority: Partnership Amount Requested: $10K TRL CM-10 Mace Trail Modifications Year Requested: 2026 Priority: Planned Repair Amount Requested: $83K Increased Cost: $33K TRL CM-8 Clear Creek Crossing Year Requested: 2026 Priority: Planned Repair Amount Requested: $617K increased Cost: $188K PW CM-14 Picnic Table & Bench Replacement Year Requested: 2027 Priority: Planned Replacement Amount Requested: $11K PW CM-15 NEW 2026 Trail Maintenance Year Requested: Annual Priority: Planned Replacement Amount Requested: $31K PW CM-9 Skate Bowl Replacement Year Requested: 2025 Priority: Planned Replacement Amount Requested: $500K 24.6 $ 12.0 $ 12.0 $ Fully funded in year requested 23 $ 16.0 $ 16.0 $ Fully funded in year requested 18.4 $ 227.0 $ 227.0 $ Fully funded in year requested 16.8 $ 10.0 $ 10.0 $ Fully funded in year requested 12.8 $ 83.0 $ 83.0 $ Fully funded in year requested 11.6 $ 617.0 $ 617.0 $ Fully funded in year requested 9.4 $ 11.0 $ 11.0 $ Fully funded in year requested 7.8 $ 31.0 $ 31.0 $ Fully funded in year requested Notes 5.8 $ 500.0 $ 500.0 $ Insufficient funding FY25, deferred 1 year to FY 26 $ 1,507.0 $ 1,507.0 Total CM PLAN General Fund Outside Funding Request FY 26-27 CAPITAL MAINTENANCE Project CC General Fund Outside Name Project Details score Est. Cost Request Funding ipmeammortwer IT CM-7 City Hall Servers Year Requested: 2027 Priority: High Amount Requested: $95K PW CM-14 Picnic Table & Bench Replacement Year Requested: 2027 Priority: Planned Replacement Amount Requested: $11K PW CM-15 NEW 2027 Trail Maintenance Year Requested: Annual Priority: Planned Replacement Amount Requested: $8K TP CM-1 2027 Floodway/Property Protection Year Requested: Annual Priority: Partnership Amount Requested: $10K 63 $ 95.0 $ 95.0 $ 9.4 $ 11.0 $ 5.2 $ 8.0 $ 11.0 $ 8.0 $ o $ 10.0 $ 10.0 $ $ 124.0 $ 124.0 Total General Fund I Outside Request Notes Fully funded in year requested Fully funded in year requested Fully funded in year requested Fully funded in year requested • FY 22 CP# Details Rank 1 3 4 5 v a. 7 8 N 0. u e3 a. FY 23-27 Capital Projects Briefing Sheet Department: LRP&P Staff: Nichoel Baird Spencer $1.013M Requested $1.013 Match from Eagle URA ACHD Cost Share Med-High Public Score High Staff Score REQUESTED CONSTRUCTION: FY 2023 FY 22-26 PLAN YEAR: 2024 Department: Public Works & Water Dept. Staff: Eric Ziegenfuss $2M Requested $600K from Capital Plan $1M from Water Dept. Impact Fee Eligible up to $400K Med-Low Public Score High Staff Score REQUESTED CONSTRUCTION: FY 2025 FY 22-26 PLAN YEAR: 2025 Department: LRP&P Staff: Nichoel Baird Spencer $3.2M Requested up to $2M in Match From Feds Med-High Public Score High Staff Score REQUESTED CONSTRUCTION:FY 2023 FY 22-26 PLAN YEAR: 2022-23 Department: LRP&P & Planning Staff: Nichoel Baird Spencer & Steve Noyes $15K Design Only ACHD Cost Share Med-High Public Score Med-High Staff Score REQUESTED COMPLETION: FY 2024 FY 22-26 PLAN YEAR:_Unplanned FY 2025 Department: LRP&P Staff: Nichoel Baird Spencer $600K Requested No Match Med-Low Public Score High Staff Score REQUESTED CONSTRUCTION: FY 2024 FY 22-26 PLAN YEAR: FY 2026 DESIGN:FY 22 included in State & Eagle Department: LRP&P Staff: Eric Ziegenfuss $5.7M Design & Construction Impact Fee Eligible up to $4.9M Med-Low Public Score Med-High Staff Score REQUESTED CONSTRUCTION:FY 2022-26 FY 22-26 PLAN YEAR: 2022 -23 Project Name State & Eagle Intersection City Owned Shop Eagle Road PedfBike Bridge Linder Road Underpass @ N. Channel Olde Park Extension Changes/Updates Project deferred to FY 2024 by ACHD. Request to expend $45K in renovation to the Shop Space provided in Spring Valley in FY 22. This can be captured in the Capital plan or just in the department budget as a off set of the current rental fees. Advanced by City Council to FY 22-23. Project completion scheduled for Spring 2023. City has $900k in General Fund and $800K in impact fees that can be redistributed once project is completed Advanced to correspond with ACHD's design year of FY 2025 Advanced to correspond with ACHD Plans for Eagle & State Regional Sports Preliminary Engineering being completed in FY 22 with Park Park Impact fees to prepare for purchase and improvement in FY 23. FY 22 CP# Details Rank 9 10 10 No Rank No Rank 12 13 a a. u .S o. a a Wf CC a. 0 M 5 z cc .4 d Department: LRP&P & Public Works Staff: Nichoel Baird Spencer & Eric Ziegenfuss $70,000 Preliminary Design Construction:$1.2M Outside Foundation Match: $1.2 M No Public Score Med-Low Staff Score CONSTRUCITON YEAR: 2023 22-26 PLAN YEAR: Unplanned FY 2022 Department: LRP&P Staff: Nichoel Baird Spencer $858K Requested $113K Match from Eagle URA ACHD Cost Share Med-Low Public Score High Staff Score REQUESTED CONSTRUCTION: FY 2023 FY 22-26 PLAN YEAR: 2024 FY Department: LRP&P, Public Works & Planning Staff: Nichoel Baird Spencer, Eric Ziegenfuss, & Mike Williams $5 Million Requested Impact Fee Eligible up to $3.25M Med-High Public Priority No Staff score CONSTRUCTION: FY 2024 Department: Planning Staff: Steve Noyes $324K Requested Delayed Project Requested Year: FY 2021 FY 22-26 Plan Year: 2022 Department: Planning Staff: Steve Noyes $60K Requested Delayed Project Requested Year: FY 2021 2024 FY 22-26 Plan Year: 2022 Department: Planning Staff: Steve Noyes $1.21M $1.86MRequested Impact Fee Eligible up to $38.6K Med-High Public Score High Staff Score REQUESTED CONSTRUCTION: FY 2024 FY 22-26 PLAN YEAR: 2024 Department: LRP&P Staff: Nichoel Baird Spencer $200K Requested No Match Med-High Public Score Med-High Staff Score COMPLETION: FY2022- 2024 FY 22-26 PLAN YEAR: -2A2-2 /n23-24 2023 2025 Master Plan Project Name Changes/Updates Foothills Advanced to work with potential funding partners and Shooting Range dedication of land work funded through Heritage Park project Aikens Street Extension Signals from ACHD this will not be in budget Merge with West Side Park with Terra View, update based on k CC approval . Phase 1 to be completed in FY 23 paid for with Terra View Park $1.4 M of impact fees. Phase 2 to be completed with construction of the 275th home with impact fee reimbursement for the development only. Phase 2 EISP Trail Design Phase 3 EISP Trail Design Project cost have increased significantly need additional funding. Project was active before the City began the Capital Plan process, has been carried forward since FY2020. Project is having issues acquiring the necessary easements to move forward. Should the City continue with the project or wait for development to provide access & trail? Eagle Island Project is having issues getting property easements in order to State Park Trail construct. Significant increased project costs Parks, Trails & Project was unable to be completed in FY 22 need better Open SpaceRee-. inventory information FY 22 CP# Details Rank 14 15 s 16 5 17 18 s 3V Department: Police Staff: Chief Wilkie & Eric Ziegenfuss $615,000 Requested $350,000 from Impact Fees Partnership with Eagle Fire Med-High Public Score Requested Year: FY 2025 FY 22-26 PLAN YEAR: FY 2025 Department: Public Works Staff: Eric Ziegenfuss $150K Requested No Match Med-Low Public Score Med-High Staff Score Requested Year: FY 2023 FY 22-26 PLAN YEAR: FY 2023 Department: Economic Development Staff: Robin Collins $1.147M Requested No Match Med-Low Public Score High Staff Score Requested Year: FY 2024 FY 22-26 PLAN YEAR: FY 2024 Department: Public Works Staff: Eric Ziegenfuss $100K Requested No Match Low Public Score Med-Low Staff Score Requested Year: FY 2024 FY 22-26 PLAN YEAR: FY 2024 Department: LRP&P & Public Works Staff: Nichoel Baird Spencer & Eric Ziegenfuss $477K Requested Impact Fee Eligible up to $23.5K Med-Low Public Score Med-High Staff Score Engineering Design: FY2022 CONSTRUCTION YEAR: 2024 FY 22-26 PLAN YEAR: FY 2023 2024 DEpartment: Public Works & LRP&P Staff: Eric Ziegenfuss & Nichoel BAird Spencer .� $2.2m Requested 20 . ▪ Private Partnership up to 50% Impact Fee Eligible up to $3901< Med-Low Public Score 21 d e Med-High Staff Score FY 22-26 PLAN YEAR: FY 20, 23, 24, DEpartment: Economic Development Staff: Robin Collins $600K Requested No Match Med-Low Public Score Med-High Staff Score Requested Year: 2027 FY 22-26 PLAN YEAR: FY 2027 25 Project Name Changes/Updates Police Substation Senior Center Remodel 1st Street Festival Street City Nall Safety Measures Mace Park Pamela Baker Park Idaho Street Streetscape Improvements Location needs to be determine- Terra View potential location Project was based on the American Legion providing a match and/or leading the project. No commitment to date. Project delayed due to EURA match for the final survey work to complete design Stand alone project from CH expansion HECO to complete engineering in FY22. Deferred construction to keep project separate from the Ped/Bike Bridge Request to combine FY 22 (Phase 2) with FY 23 (Phase 3) increasing project cost to $1.28M. City Cost $640K ($413K in impact fees & $227K in GF). Will use all available Impact fees for project and defer Phase 4 to at least FY 25 FY 22 CP# Details Project Name Changes/Updates Rank 22 23 24 25 Combined 26& 34 27 v z a. 1- d u W 6.1 6 5 Department: LRP&P Staff: Nichoel Baird Spencer $1.2M Requested ACHD Cost Share Med-Low Public Score High Staff Score Requested Year: 2022 DESIGN: FY2022 FY 22-26 PLAN YEAR: FY 2024 Department: LRP&P & Public Works Staff: Nichoel Baird Spencer & Eric Ziegenfuss $500K Requested Private Partnership up to 50% Impact Fee Eligible up to $1.4M Med-Low Public Score Med-High Staff Score Preliminary Design Completed in FY21 FY 22-26 PLAN YEAR: FY 2024 Department: LRP&P Staff: Nichoel Baird Spencer $100K survey only No Match Med-Low Public Score Med-High Staff Score FY 22-26 PLAN YEAR: FY 2027 Department: Economic Development Staff: Robin Collins $30K Study Only No Match Med-Low Public Score High Staff Score FY 22-26 PLAN YEAR: FY 2025 Department: Planning Staff: Steve Noyes $100K Preliminary Design Only Impact Fee Eligible Med-Low Public Score High Staff Score Requested Year: FY-2424 2025 FY 22-26 PLAN YEAR: FY 2024 DEpartment: Planning Staff: Steve Noyes $100K Preliminary Design Only Impact Fee Eligible up to $714K Med-Low Public Score Med-High Staff Score Requested Year: FY 2021 2025 FY 22-26 PLAN YEAR: FY 2024 Department: Economic Development Staff: Robin Collins $50K Annually Requested URA Funding $75K in FY 23 Med-Low Public Score High Staff Score FY 22-26 PLAN YEAR: $50K/year starting in FY 24 Linder Road (SH-44 to FF) Preliminary Design in underway for medians and roundabout in FY 22 for $28K. Once completed need to save for City's augmentations to the design. Charlie Wood Preliminary consept study completed in FY 21. Project is Park waiting to be prioritzed for engineering and design work Floating Feather Ped/Bike Study Will work with ACHD to fill gaps in the IFYWP studies Excess ROW S. Channel Bridge S. Channel Underpass Boise River Downtown Facade Improvements ACHD has expressed interest in participating in this study, their participation will not be avalible until 2025 EURA has funded $75K to start this program in FY 23 FY 22 CP# Details Rank 28 29 a. cc oti d of .. , „,......,_ ,_...,., Department: Recreation Staff: Brian Allen $SOK Study only No Match Med-Low Public Score Med-Low Staff Score COMPLETION: FY2026 FY 22-26 PLAN YEAR: FY 2025-26 Study only Department: LRP&P Staff: Nichoel Baird Spencer $50K Study 2022 Construction: $7-11M No Match Med-Low Public Score High Staff Score Construction: FY 2030 FY 22-26 PLAN YEAR: FY 2022 Study only Department: LRP&P, Public Works, Planning -Staff: Nichoel Baird Spencer, Eric Ziegenfuss, Mike Williams -$550K Requested I FCD#10, Land Owner 30 1 Med-Low Public Score High Staff Score Trail repair post emergency bank repair Engineering: FY 2022 Construction: FY 2023 22-26 PLAN YEAR: Unplanned Department: Economic Development 31 33 35 Staff: Robin Collins $750K Requested No Match Med-Low Public Score Med-High Staff Score FY 22-26 PLAN YEAR: FY 2026 Department: LRP&P Staff: Nichoel Baird Spencer $100K Study Only ITD/COMPASS Partnership Med-Low Public Score Med-Low Staff Score Requesting Year: 2023, 2024, 2025 FY 22-26 PLAN YEAR: UNPLANNED Department: Public Works Staff: Eric Ziegenfuss $120K Material Donations Med-Low Public Score Med-High Staff Score FY 22-26 PLAN YEAR: 2023 Department: Public Works Staff: Eric Ziegenfuss $10K (Study Only) Requested $390k Construction No Match Med-Low Public Score Med-Low Staff Score FY 22-26 PLAN YEAR: 2024 FY Project Name Changes/Updates Community/ Performing Arts Two year study Study Grade Advanced to FY 22 when City received $25K in grant funding to Separated pay for 50% of the study. Public out reach completed and staff Crossing SH-44 is waiting for CC direction on next step. N. Channel Center Trail Downtown Parking Three Cities River Crossing Emergency bank repairs- cooperation with land owner and FCD#10. City expended $ 10K from Capital Maintenance & CC approved on 2/15/22 to expend $50K from SH-44 trial to cover bank stabilization engineering and initial construction. This work will not be completed until FY 23. This project is the design, engineering, and reconstruction of the trail. That needs to be completed at the same time as bank stabilization. May be adjusted downward to address land lease versus property acquisition Project was originally unprogrammed as it needed support of ITD. ITD agreed to endorse and the City needs to work to establish a plan for review of merits before FY 2027.Staff request $501< in FY 2023 to begin scoping and preliminary origin & designation studies. All Weather Project underway with material donations only. If those Trail Ada Sports stopped would need $ to complete Park. Entry Sign Plan FY 22 CP# Details Project Name Changes/Updates Rank Department: Planning Staff: Steve Noyes $100K (Design Only)Requested .i Impact fee eligible up to $1.02M 36 b Med-Low Public Score N. Channel Dry Med-Low Staff Score Creek Bridge Requesting Year: 2026 COMPLETION: Unplanned FY 22-26 PLAN YEAR: UNPLANNED Department: Public Works Staff: Eric Ziegenfuss $72K Requested Private Partnership up to 50% Bike Skills Park - 37 Med-Low Public Score Ada Sports Med-High Staff Score Complex Requesting Year: 2026 COMPLETION: UNPLANNED FY 22-26 PLAN YEAR: UNPLANNED Department: Planning Staff: Steve Noyes m $20K Requested No Match Trails 37 r Med-Low Public Score Wayfinding & High Staff Score Branding Requesting Year: 2024 FY 22-26 PLAN YEAR: UNPLANNED Department: LRP&P Staff: Nichoel Baird Spencer $100K (Study Only) Requested Beacon Light 39 a No Match Ped/Bike Gap Will work with ACHD to fill gaps in the IFYWP studies ea Med-Low Public Score Study Med-Low Staff Score FY 22-26 PLAN YEAR: UNPLANNED Department: Planning Staff: Steve Noyes $30K (Design Only) Requested 40 6 No Match Dry Creek & Dry Med-Low Public Score Creek Canal Med-Low Staff Score Requesting Year: 2025 FY 22-26 PLAN YEAR: UNPLANNED Depactxpent-i-Lit ^1,1. Staff: Steve &umg,rnlr ro $2sc 44 n Ne-Alvils Bookmobile Move to Library Budget as a Capital Plan Goal a der: Department: Planning & Public Works Staff: Steve Noyes & Eric Ziegenfuss $150K Requeted Trailhead 42 o No Match Amenities - Ada Ability to place tables at location for low cost temporary fix Med-Low Public Score Sports Complex Med-High Staff Score FY 22-26 PLAN YEAR: Unplanned FY 22 CP# Details Project Name Changes/Updates Rank Department: Library & Public Works Staff: Steve Bumgarner& Eric Ziegenfuss m $30K (Study Only) Requested 43 4i. No Match Library Book Library is reviewing funds to see if they can fund improvement m Med-Low Public Score pick up in FY22 within their existing budget J Low Staff Score CONSTRUCTION: FY 2022/2023 FY 22-26 PLAN YEAR: UNPLANNED Department: Planning Staff: Steve Noyes o $100K (Study Only) Requested csi ;i4 d. No Match Low Public Score Med 1-- Low Staff Score Requested Year: FY 2025 FY 22-26 PLAN YEAR: UNPLANNED i_ Department: Public Works Staff: Eric Ziegenfuss $250K Requested 45 a. No Match If the State and Eagle project impacts the arch the City will o. Med-Low Public Score Med need to change the project year or remove the arch lam- Low Staff Score Requested CONSTRUCTION: FY 2024 FY 22-26 PLAN YEAR: UNPLANNED Department: Recreation & Public Works Staff: Brian Allen & Eric Ziegenfuss $40K (Study Only) Requested 46 No Match Low Public Score Med-Low Staff Score COMPLETION: FY 2026 FY 22-26 PLAN YEAR: UNPLANNED Department: Public Works & Planning Staff: Eric Ziegenfuss & Steve Noyes $30K (Design Only) Requested a+ ,$350K CONSTRUCTION The Shores 46 6 No Match Sportsman's Low Public Score Access Med-Low Staff Score Requested Year: FY 2027 FY 22-26 PLAN YEAR: UNPLANNED Williamson River Ranch Bridge Eagle Road Arch Expansion Motocross Study 0 cc a. a3 Department: Public Works, Planning, & Recreation Staff: Eric Ziegenfuss, Steve Noyes, & Brian Allen 48 $30K (Study Only) Requested Water Trail No Match Study Med-Low Public Score Med-High Staff Score Requested Year: FY 2024 2025 FY '22-26 PLAN YEAR: UNPLANNED Tr.ili &ta f Erit Insect: 49 pk}M y Equestrian Staff requested project be removed Cow Public Scors Med Low Stoff Sc II COMPLETI9N: FY-24111 FY 22 CP# Details Rank v No Rank a M vt No Rank a. a No Rank No Rank N c. n u Department: Public Works Staff: Eric Ziegenfuss $3M in FY 22 $2M FY 23 ARPA Funded/Eligible Council Added Project FY 22-26 Plan Year: 2022 Department: Public Works Staff: Eric Ziegenfuss $100K Requested ARPA Eligible New Project Requested Year: FY 2023 FY 22-26 Plan Year: UNPLANNED Department: Public Works Staff: Eric Ziegenfuss $100K Requested ARPA Eligible New Project Requested Year: FY 2023 FY 22-26 Plan Year: UNPLANNED Department: Planning Staff: Steve Noyes $301( Requested New Project Requested Year: FY 2027 FY 22-26 Plan Year: UNPLANNED Project Name Changes/Updates Approx. $1.26M Remaining, with approx.. $350K in Fatbeam contract in FY 22. Mayor is requesting an additional $2M from City Fiber Utility ARPA for FY 23. FY 23- Street Sweeper $75K, Air Compressor $40K. Forklift, payment to PW for used vehicle Public Works Equipment (Mower) Public Works Vehicles Laguna Point Trail Having issues hiring enough seasonal staff. Efficiency of staff, less staff more mowing. Due to growth the City has not be replacing vehicles. The city is purchasing new and repurposing old vehicles. In FY 23 it has been identified that there is a need for a new landscape vehicle at $100K and a vehicle will be transferred to the Fiber Network. Project is lacking scope or project worksheet EAGLE CITY COUNCIL MEETING July 12, 2022 PUBLIC HEARING: Item 9B SUBJECT: A-13-21/RZ-19-21/CU-10-21/PPUD-09-21/PP-20-21— Annexation, Rezone with a Development Agreement, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Kineswood Subdivision — LPGD Utah, LLC: TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL J(01 4e_ipLcc /(4a1.6e— _Jki!) ScDm;dl toe 1 of 2 more on back e.0A/ oa-73 eY0 EAGLE CITY COUNCIL MEETING July 12, 2022 PUBLIC HEARING: Item 9B SUBJECT: A-13-21/RZ-19-21/CU-10-21/PPUD-09-21/PP-20-21— Annexation, Rezone with a Development Agreement, Conditional Use Permit. Preliminary Development Plan. and Preliminary Plat for Kingswood Subdivision — LPGD Utah. LLC: TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL 1 of 2 more on back EAGLE CITY COUNCIL MEETING July 12, 2022 PUBLIC HEARING: Item 9A SUBJECT: A-11-21/RZ-17-21/CU-11-21/PPUD-08-21/PP-18-21— Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Soaring Feather Ranch Subdivision — Sheridan Hodson: NAME (please print) ( )/ //17 1‹PL:eK alp, 6d1/2") / // -17:juA-aj2643 Je('c7 C'tbbs ADDRESS 2g00NL/4/PEe aV/ / L • i- gdri Wdbo0/ C 6:a et. 107 (6.4. TESTIFY YES/NO PRO/ CON NEUTRAL 1 of 2 more on back EAGLE CITY COUNCIL MEETING July 12, 2022 PUBLIC HEARING: Item 9A SUBJECT: A-11-21/RZ-17-21/CU-11-21/PPUD-08-21/PP-18-21— Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan. and Preliminary Plat for Soaring Feather Ranch Subdivision — Sheridan Hodson: TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL 1 of 2 more on back 7/20/2022 Soaring Feather Ranch 4ftttyp Soaring Feather Subdivision 1 Vicinity Map !! ,ti ti4 ,•,.. .,, ji,,,?..ili1111111111111 •1111111141, 4,;-".4\ 1: !MINH • IC/III. ti, a li 6 MIIIIII .., is . ... IN . si 11111111111111111 Ili min ma MI MI MI 1111111111 t .11 wall MIR I 111111 II I IN nisi ell. 1 *---itgallivAIIVIRMN r,AVA,e, VXvii, va,rin a i;;;;Ifilk! 11..11 T '41::S.4-TINN.a.. .., • 9 7 Un..:ei: - . „.. *I Alk;it.!",;411's 4*-14; '' 7 '' ' # . • "tiV ' V 1 'ittbiltq% k iiii'lArio44 5w X -; 4t NO Ir X1 f .. 2 1 7/20/2022 Requesting: • Annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to R-E and R-2-DA-P (Residential — two units per acre with a Development Agreement — PUD) • Conditional Use Permit Approval • Preliminary Development Plan Approval • Preliminary Plat Approval Soaring Feather Ranch is a 32-lot (28 single family, 3 common, and 1— commercial) subdivision. The 17-acre site is located approximately 2,000 ft south of Beacon Light Road between Linder Road and Park Lane 3 Soaring Feather Aerial Overview 4 2 7/20/2022 5 Proposed 72.7 'v. „A, kn It umpatrrto i BLOCK 1 i 1, ifi�Y. s..-7-ram -—_.::Via..., SIBANT DR W STRANT DR )11 .2. III A BLOCK 2 ,3-- BLOCK 3 COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS. COMP PLAN ZONING DESIGNATION DESIGNATION Existing Neighborhood Residential w/ Transition Overlay No Change North of site Neighborhood Residential w,r Transition Overlay South of site Neighborhood Residential wi Transition Overlay East of site Neighborhood Residential w! Transition Overlay West of site Neighborhood Residential w/ Transition Overlay 6 RUT (Rural -Urban Transition - Ada County designation) R-2-DA-P (Residential with a development agreement PUD) and R-E-DA-P (Residential - Estates with a development agreement and PUD) RUT (Rural -Urban Transition Ada County designation) and RI(Residential Ada County Designation) R-2-DA-P (Residential with a development agreement - PUD) RUT (Rural -Urban Transition - Ada County designation) RUT (Rural -Urban Transition - Ada County designation) LAND USE Agncultural Single -Family Residential Planned Unit Development and Commercial Riding Stables (existing) Single Family Residential (Callaway Ranch Subdivision) Single Family Residential (Bella Terra Subdivision) Single Family Residential and Agricultural Single Family Residential 3 7/20/2022 Additional Site Data Proposed 1.65 dwelling units per acre across the entire PUD (2.01 units per acre excluding the commercial equestrian center parcel) *10,151 square feet Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width IMinimum Street Frontage Total Acreage of Common Area Open Space Percent of Site as Common Area Open Spacc 80 feet 60 feet 3.82 acres 27.5% Required 1.65 dwelling units per acre for the entire PU D (as limited within the development agreement) 17,000 square feet 75 feet 35 feet 3.4 acres (minimum) Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs Percent of Common Area Open 16.5% 15% Space as Active OS * A reduction in minimum lot sizes may be permitted within a Planned (.nit Development with an offsetting increase in opcn space. Proiect/Preliminary Plat Information • Total Site Area • Preliminary Plat 17.0 Acres • Number of Lots • Single-family Residential Lots (R-2) 28 • Commercial (R-E) 1 • Common Lots 3 Total Lots 32 • Density • Gross • Open Space 1.65 Dwellings/Acre OPEN SPACE REQUIRED (BASE ON 13.90 ac RESIDENTIAL): 10% Base Open Space — 1.39 ac Offsite of Lets < 17,000 sf — 2.40 ac Total Required — 3.79 ac Required Active — 15% - .57 ac OPEN SPACE PROVIDED: - Common Lots — 2.97 ac - Street Landscape and Islands - .87 ac TOTAL OPEN SPACE PROVIDED — 3.82 ac — 27% ACTIVE OPEN SPACE PROVIDED - .63 ac — 16.5% 8 4 7/20/2022 Soaring Feather Street Level View 9 Soaring Feather Street Level View 10 5 7/20/2022 Soaring Feather Street Level View 11 Proposed Home Styles 12 6 7/20/2022 Proposed Home Styles 13 Proposed Home Styles 14 7 7/20/2022 Request that preliminary plat approval condition of development is added to only allowing single level home structures to be built on Lots 1, 2, and 16. 15 Condition of Development 3.15 Sewer Line Easement Across the Northwest Boundary 16 r-- .,i .. "` BLOCK 7 —,r Ti f _ _ _W,iSNARr Sr I •I .W SJ AN',OR f BSI's ! 3 0 * - 9 i �1 I i� :. it Mild BLOCK 2 all1111110114 1 u BLOCK 3 8 7/20/2022 Condition of Development 3.13 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub -contractors and for monitoring compliance. 17 LANDSCAPE NOTES IRRIGATION NOTES DEICLAILIER t. 18 C�µRENNIA 6GROUNOCpVER SNRUR PLANTING ® BOULDER INSTALLATION IhII IlII lI ii!I IYIULIII zd W 0 CCONIFEROUS TREE PLANT =\ e Mom... --==itrirlt�e�rrr CDECIDUOUS TREE RANTING 9 7/20/2022 I 19 i 20 51b671;ViS7afri renting Air) i _ =ice= _'� i i ,I 11 .I!� , I 1 ,+ , • " L 1 J ovER•u inn^S E Kw� Rr-'—•-L� I• 1 0.11,11111.110. WIMP • maw Wr#19hr von, CLUSTER MAILBOX EXHIBIT BLOCK 2 10 ' 61 .a, r Mlatlbox i I! Location f a. j . . sitsiiirel 10 7/20/2022 21 i COMMUNITY CENTER SCENIC CORRIDOR FLOODWAY ZONING F.eas gaga Zoning , A (Agricultural) A-R (Agricultural- Residential) RP (Business Pars) C-1(NN9hberhaad Business) C-1 (General Badness) C-3(Hbhurog Business) CBD (C.nhal Business) L-O (limited OHke) _ M-1(U9ht Industrial) MU (Mixed Use) Rik PS (Publis/4mloublk) R-1(Resld.ntial) R-1(Residential) R-3 (Residential) R-e (R.sM.Mial) R-3 (Residential) - R-9 (Residential) R-10 (Residential) R-12 (Residential) R-13 (Residential) _._... R-E (Residential -Estates) REGIONAL OPENSPACE OVERLAY UNPROFESSIONAL OFFICE/BUSINESS PARE ?MIRED USE TRANSITION OVERLAY FOOTHILLS RESIDENTIAL .'DOWNTOWN VILLAGE/COM ITY CENTER ▪ COMMERCIAL INDUSTRIAL ▪ PUBLIC/SEMIPUBLIC BLM PARK EAGLE ISLAND SPECIAL USE AREA AGRICULTURE/RURAL ESTATE RESIDENTIAL LARGE LOT NEIGHBORHOOD COMPACT INFILL/HIGH DENSITY Ella FUTURE LAND USE 22 MAP 6.1 11 7/20/2022 SOARING FEATHER SUBDIVISION A-11-21/RZ-17-21/CU-11-21/PPU D-08-21/PP-18-21 Eagle City Council July 12, 2022 City Staff: Morgan Bessaw, AICP, CFM, Planner II Phone: 208-939-0227 E-Mail: 1 Project Summary: The applicant is requesting: • An annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R-E and R-2-DA-P (Residential -two units per acre with a Development Agreement - PUD), • Conditional use permit for existing equestrian riding and boarding facility, and • Preliminary development plan and preliminary plat approvals for Soaring Feather Ranch, a 32-lot (28-single family, 3-common, and 1- commercial) subdivision. 2 1 7/20/2022 Vicinity Map: 1 The 17-acre site is located approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane. 3 4 -01 NM WBeacon is 6 Ote�pp1 COtite 3 Tec 50 in INN PAW es .fs fi1 110 1�A 1�¢ 1' Yi 99 s$1 ,a% acon lig OM of= ,' wag IC �l�y!= 11 1.10. israkiiiiibo /�m A 1�1 Aete Ae� nlioht d , 1.0 45104,1* -Ativiip rittititt // pl(Af4 if .n1A 1A6y SWING FEATHER RANCH suaon'Isloe V or-:: Sclay..rs YNYL men 11 O Total Acreage: 17-acres Total Number of Lots: 32 Residential — 28 Commercial — 1 Industrial — 00 Common —3 2 7/20/2022 Co Enuug Ptq.osed North of site South of site mprehensive Plan & Zoning Map Designation: COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Neighbcrhood Residential w/Transition RUT (Rural -Urban Transition — Ada County Agricultural designation) Overlay No Change Neighborhood Residential w/ Transition Overlay Neighborhood Residential w/ Transition Overlay agreement — PUD) R-2-DA-P (Residential with a development agreement —PUD) and R-E-DA-P (Residential - Estates with a development agreement and PUD) RUT (Rural -Urban Transition — Ma County designation) and RI(Residential — Ada County Designation) Single -Family Residential Planned UnitDevelopment and Commercial Riding Stables (misting) Single Family Residential (Callaway Ranch Subdivision) R-2-DA-P (Residential with a development Single Family Residential (Bella Terra Subdivision) East of site Neighborhood Residential w/ Transition RUT (Rural -Urban Transition — Ada County Single Family Residential and Agricultural Overlay designation) West of site Neighborhood Residential w/ Tsassiton RUT (Rural -Urban Transition — Ada County Single Fanuly Residential Overlay designation) 5 Comprehensive Plan Designation: Neighborhood Residential Neighborhood Residential Neighborhood Residential Designation: • Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Eagle is HOME Comprehensive Plan — Chapter 6 — Land Uses 6 3 7/20/2022 Site Data for the R-2 Zone Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1 65 dwelling units per acre across the enttre PUD 1 65 dwelling units per acre for the entire PUD (as (2 01 mitts per acre excludmg the commercial limited within the development agreement) equestrian center parcel) Minimum Lot Size •10,151 square feet 17,000 square feet Minunum Lot Width 80 fret 75 fee[ Mmimum Street Frontage 60 fret 35 fee[ Total Acreage of Common Area Open Spa3 82 acres 3 4 acres Spa. Percent of Site as Common Area Open Space 27 5% 20% (minimum) Except that, accordmg to ECC Section 9-3-8 (C) the Clty may require additional pubhc and/or pnvate park or open space facilities m PUDs Percent of Common Area Open Space as Active OS 16 5% 15% 7 Zoning Compatibility: ResidemNI Distorts Neighbor Agricultural Residential Limited Commeroal hood Agricultural Residential Estate R Ate Office Airport Business IPIRURE IANE/ USE DESIGNATIONSIA) I AR) IR-E) R-1 R-2 R-3 R-4 11-5 R-10 II.OI IC -A) IC.11 ZONING COMPATABILITY MATRIX Agnculturai/Rural X X I I roothdli '' X X X X X X X X X % Estate Residential X X X X I XIXIX X I Large Lot I X x Neighborhood I x x X Como.X X x x x x x x x x x x x x f x 100 2 Requires Annexation prior to development n1.11/40 Densdsf M ied use• Downtown' .Village/Community Center.' Neighborhood µe nter•' Commercial)' XI X x XX % X X CRY 2ON I NG CIAS51FICAT IONS• Central General highway BustMss Ught Induslral heavy Extractive Public/Semi. Mixed Business Business Dlstnr Industrial Park Industrial Indultnal Public Use IC-21 IC 3) ICtO' IM-1) IWA1) I W2) I11331 IRS) (MR X r Professional Office/Business P odusmalr )oodway 'Mead of Eagle Island Public/Semi-Publ.c BtM/PaM1 Eagle is HOME Comprehensive Plan — Figure 6.8 Zoning Compatibility Matrix 8 4 7/20/2022 Discussion: • The Eagle Comprehensive Plan Land Use Map designates the property as Neighborhood Residential with a transition overly, which forecasts densities of 2-4 units per acre. The proposed Soaring Feather Subdivision has an overall density of 1.65 units per acre. • When the 3 acre equestrian parcel is removed, the residential Tots have a density of 2.01 units per acre. 9 ➢ .2. 3. 3. • Discussion: The applicant is requesting the flowing modifications to design standards as part of their DA in lieu of a PUD: • Reduced lot sizes: The R-2 zone requires minimum lot sizes of 17,000 square feet. The applicant is requesting a minimum lot size of 10,151 square feet. The • Modification to their setbacks as for Lot 15 Front (living) 30-feet Front (garage) 36-feet (25-feet from back of sidewalk for front load garages) Rear 25-feet Street Side 20-feet *Due to the sidewalks being located within the individual parcels, an increased setback from the front property line for garages shall be required to achieve the desired 25 feet from back of sidewalk to the garage to allow for parking of vehicles. Per the City's Pressurized Irrigation Standards, a minimum 30-foot perimeter easement from the top of bank shall be required for maintenance of all storage ponds used for irrigation. The pond has multiple good access points and the full 30 feet is not required to access the pond edges for maintenance. 10 5 7/20/2022 Discussion: • The parcel being retained for the existing commercial riding stables is 133,696 square feet. Per Eagle City Code, commercial riding stables are a conditionally permitted use in the R-E zone. • The stables in question have been used as a riding and boarding facility since 2000 and the applicant is requesting to be permitted to continue their existing operation as part of the conditional use permit. it Discussion: • The adjacent Callaway Ranch Homeowners' Association has submitted a letter requesting a sewer line easement across the development. • The applicant has agreed to the easement request with the condition that the Callaway Ranch HOA honor the terms and agreement they have previously discussed with the Hallman and Short families. • The applicant should be required to show the easement on the final plat and include the instrument number for the recorded easement agreement on the plat prior to recordation. 12 6 7/20/2022 13 P&Z Recommendation: • A public hearing was held on the application by the Planning and Zoning Commission on June 6, 2022. • On June 20, 2022 the Commission adopted findings recommending approval of these applications with the following Conditions Development and Site Specific Conditions of Approval with underlined text added by the Commission and strike -through text deleted by the Commission: 14 7 7/20/2022 Conditions of Development: 3.1 The maximum density for the Property shall be 1.65 dwelling units per acre (28 single family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fences shown, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the City. (b) A requirement for all fencing to be installed as shown on the Fencing Plan approved by the Design Review Board. (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 15 i Conditions of Development: 3.5 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. 3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.7 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.8 All living trees shall be preserved, unless otherwise determined by the City Council upon recommendation by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.9 Owner shall construct the neighborhood amenities (pedestrian pathways and benches) at the locations shown on the Concept Plan (Exhibit B) prior to the signing of the first final plat. 16 8 7/20/2022 11 Conditions of Development: i 3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "C". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "C". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.11 Owner shall not file a protest with the Idaho Department of Water Resources against the City of Eagle regarding water rights application(s) for the construction of any municipal wells located within the City of Eagle water service area. Owner shall not apply for additional ground water rights associated with the Property irrigation system. 3.12 The applicant shall be required to comply with the Eagle Parks, Pathways, and Recreation Commission's pathway recommendations (Exhibit D), as identified in the Trails and Pathway Superintendent's memo, dated March 17, 2022. 3.13 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub -contractors and for monitoring compliance. 17 Conditions of Development: 3.14 Existing structures on Lots 4 and 15 of Block 1 may remain in place. All other existing structures shall be removed prior to the City Clerk signing the final plat. 3.15 The applicant shall provide a revised preliminary plat and planned unit development plan which shows a sewer line easement across the northwest corner of the subdivision connecting to Callaway Ranch Subdivision. The instrument number for the recorded easement agreement shall be placed on the plat prior to recordation. Front (living) Front (garage) Re�r Interior Side Lot 15 Interior Sid Street Side Maximum Lot Cos 30 409 3.17 The pond easement within Lot 15 may be reduced to 10 feet to accommodate the existing residence. 3.18 The applicant may maintain the existing commercial equestrian center, including horse stables and boarding facilities. Any new structures or expansion of the use will require a modification of their Conditional Use Permit. 18 9 7/20/2022 Site Specific Conditions of Approval: 1. Comply with all conditions within the development agreement for rezone application RZ-17-21. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. 4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located withi an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On -going surety for street trees for all undeveloped portions of the development will be required through project completion. 5. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber- optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber- optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. fcncint stvlc such as wrette14 iro -er attic r similar decorative ific buffer area fences 19 Site Specific Conditions of Approval: 7. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights - of -way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2) 8. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 9. The Soaring Feather Subdivision shall remain under the control of one Homeowners Association. 10. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1)) 11. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of final development plan and final plat applications. 12. A plat note shall be added stating "Lots shall not be reduced in size without prior approval from the health authority" prior to submittal of the final plat application. 13. A new plat note shall be added stating "This subdivision is subject to the terms of ACHD License Agreement Instrument No. " prior to submittal of the final plat application. 20 10 7/20/2022 Site Specific Conditions of Approval: 14. Plat note 5 shall be revised to state "Irrigation water has been provided by _ in compliance with Idaho Code Section 31- 385O5(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the applicable irrigation entities, to be paid through fees assessed by the homeowner's association. The pressurized irrigation system shall be owned and maintained by the Soaring Feather Subdivision Homeowner's Association, or its assigns," prior to submittal of the final plat application. 15. A new plat note shall be included stating "Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision," prior to submittal of the final plat application. 16. A new plat note shall be included stating "This development is subject to Covenants, Conditions, Restrictions, and Easements (Instrument No. ). The restrictive covenants cannot be modified, and the Homeowners' Association cannot be dissolved without the express consent of the City of Eagle," prior to submittal of the final plat application. 17. Plat Note 7 shall be modified to include the following additional language: "The common lots are subject to blanket public utility, drainage, and irrigation easements. Driveways are prohibited across all common lots." 18. A new plat note shall be included stating "Lot 15 is conveyed the perpetual right of ingress and egress over Lot 4 via the shared private drive described and shown as a 20 foot access easement," prior to submittal of the final plat application. 19. The applicant shall adhere to all conditions recommended by the Eagle Parks, Pathways, and Recreation Commission. 20. The required setbacks shall be as follows: Front (living) 30-feet Front :ara:e 36-feet front -load :ara Rear 30-feet Interior Side 10-feet (first story) 5-feet (each additional story) Lot 15 Interior Side 7-feet Street Side 20-feet Maximum Lot Coverage 40% 21 YGAWRG I TH: IUu1H SVHD1V1910., • �:�'CSRRS SL' Ai` V .11 9 a 0 z° J ZZ u i'W Cr . 22 11 7/20/2022 Kingswood City Council — A-13-21/RZ-19-21/CU-10-21/PPUD-09-21-PP-20-21 July 12, 2022 1 Site Introduction • Site is located on Linder Road, south of Beacon Light and north of Floating Feather, • Lanewood Subdivision is surrounding the site on the north, south and west. Bellaterra is to our east. 2 1 7/20/2022 Application Details • Annexation, Rezone, PUD, Residential Development Agreement and Preliminary Plat Approval • 74 Buildable Lots and 13 common lots • Amenities include walking paths, pickleball courts, large pond amenity, sitting benches at multiple locations, gazebo and extensive landscaping Pathway Plan • Orange — 10' Natural Surface • Green — 8' concrete • Blue — 6' concrete • Yellow (Linder Road) — 8' concrete 4 2 7/20/2022 Subdivision Specifics • Comprehensive plan is Neighborhood Residential (2-4 DU/AC) • Density proposed is 1.93 DU/AC • Single Family Residential • Open Space accounts for 35.4% of the site (11.57 AC) • Developed in two phases 5 6 Phasing Plan 3 7/20/2022 Preliminary Plat Multiple Lot sizes (1.93 DU/AC) 35% Open Space: - Minimum 10,000 sf - Maximum 23,000 sf Average 12,630 sf Lanewood North 1.97 DU/AC 25 % Open Space Lanewood South & West 1.99 DU/AC 18% Open Space Bellaterra 1.96 DU/AC 30% Open Space Three Access Points Utilities: Eagle Sewer District, Eagle City Water Irrigation District: New Dry Creek Ditch Co. 7 Sample Elevations 8 4 7/20/2022 Sample Elevations 9 Sample Elevations 10 5 7/20/2022 Sample Elevations 11 Neighborhood Meeting • Pathway along DD2 continued to the west boundary • Homes around the perimeter • Second story rear balconies on perimeter homes • Melanie Macy concerned about fencing and privacy • Irrigation concerns from Bellaterra residents • Linder Road access directly across from Bellaterra 12 6 7/20/2022 Application Request • Annexation and Rezone from RUT to R-2 with PUD and Preliminary Plat Approval • Reduction from R-2 Dimensional Standards (17,000 min 10,000) with additional open space. • Reduction in common space/buffer lot on Linder from 75' to 50'. Consistent with north, south and east properties. Still maintaining the 10' high berm. • Elevation changes be allowable every third house as opposed to every fifth house • Change in setbacks required in the R-2 Zone Front: 30' No change Rear: 30' Requesting 25' Interior Side: 10' Requesting 7.5 with additional 5' for second story Street Side: 20' No change 13 Linder Road — 50' Common Lot, 10' Berm 1 UIIMKRP MKM SFCTGI. 14 7 7/20/2022 Questions 15 8 7/20/2022 KI NGSWOOD SUBDIVISION A-13-21/RZ-19-21/CU-10-21/PPU D-09-21/PP-20-21 Eagle City Council Public Hearing July 12, 2022 City Staff: Phone: E-Mail: Michael Williams, CFM, Plann 939-0227 1 Project Summary LGPD Utah, LLC, represented by Jim Perry with Woodbridge Pacific Group, LLC, is requesting: • Annexation, Rezone with Development Agreement, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat approvals for Millstone Farms Subdivision, an 87-lot, (74-buildable, 13-common) residential planned unit development. • The 38.81-acre site is located on the west side of North Linder Road approximately 1,430-feet north of the intersection of North Linder Road and West Floating Feather Road. 2 1 7/20/2022 Vicinity Map too No 2 11,dr-but No I It V S-StiblInItSION It stun No .7 u 2ritwororrri stithltootun No. 5 4.-It Estates Sulxliv ion "s. IV ION Nips lonowood No 2 ANEWOOD SUBDIVISION NO re Exit.] Sulia lonewood Subdivision No 7 _ No' It IT71- I Are,,e212,re NO 4 INACTIVE RESTATERRA SUBDIVI51 BILLAIERRA SUBDIVISION NU 2 4342 28 6/, 11624 22 04' VW ••• 3 4 2 7/20/2022 5 Total Acreage of Site — 38.81-acres Total Number of Lots — 87 Residential — 74 Commercial — 0 Industrial — 0 Common —13 Total Number of Units — 74 Single-family — 74 Single-family (attached) — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 6 3 7/20/2022 Site Data Additional Site Data Proposed Dwelling Units Per Gross Acre 1.93-dwelling units/acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area Open Space Percent of Site as Common Area Open Space Required 1.93-dwelling units per acre maximum las limited by the development agreement) 10,000-square feet 17,O0-square feet Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)— pursuant to ECC Section 8-6-6-5(A) The applicant has provided 5.93-acres of offsetting increase of open space 80-feet 75-feet (minimum) 45-feet 35-feet 13.61-acres 11.86-acres (minimum) (Inclusive of 4.18-acres of offsetting Increase of open space) 35.4% 30.9% (minimum) Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Percent of Common Area Open Space as Active Open Space 34.5% (4.1-acres) 15% (minimum) (1.78-acres) 7 Issues of Special Concern • Number of times the same home elevation is duplicated in proximity all to each other. (C of D #3.4[e]) • Deferral of Storage Trunk Line Fees (STL) (SSC#4) • Buffer width (SSC #S) • Fencing style (SSC#6) • Front setback based on the location of the separated sidewalk(SSC#7) • Fiber -Optic Cable (SSC#22) • Conservation Education Program (SSC#23) 8 4 7/20/2022 Condition of Development 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (e) No similar front elevation (utilizing the same architectural style or color) of any residential dwelling shall not be duplicated: • Within five (5) lots measured from each side lot line; • Directly across the street and within five (5) lots (measured from each side lot line); and • Directly behind any lot and within five (5) lots (measured from each side lot line). 9 Site Specific Conditions of Approval 4. The applicant shall pay the required $77,338.58 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. (Resolution No. 08-09) 5. Provide a revised preliminary plat showing the portion of the common lots (Lot 30, Block 2 and Lot 1, Block 4) located adjacent to North Linder Road at a minimum of �-550-feet in width to be in conformance with the buffer area/common lots as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(eb). The hei: t •f t e berm decorative block wall cultured stone d corative rock or • - • tflIRTIMMIMITTrelIMItmiduou uiereU SIf�11 i( pre • at s a • - • • I • e• • • • • • mitta review application. 6. Provide a revised fencing plan showing open style fencing located between Lots 13 and 14, Block 2, and the area between Lot 12, Block 1, along the common property line with Lots 13-15, Block 1. The revised Fencing Plan shall be provided prior to submittal of a design review application. 10 5 7/20/2022 Typical Street Section 1-0. SIDEWALK EASEMENT PUD ADC 5I0€ 0' C<, LV 7 -n'- 0 - uID SASE WIDE 5' !MC* CONCRETE 510EW4L1( IAOMD 5D. 709) - 3/4" MN„5 CRUSHED.-' GRAVEL (COU►ACTIO, MEWED) 5-0_I 0-0- 37' RIGHT-OF-WAY TYPICAL STREET SECTION NOT TO SCALE 37.-0. 11 -C' 4 2 00X St( MSPWLT Pt3EME - .`kip GRAVEL E'TEHD .".RAVEL AND IT KOIN 6' MAST lt=a(Tw ) ROW 3 _0. SIDEWALK EASEMENT 6'-0" S'-0' -MID EAS:M `' WIDE 5' 'RICK CONCRETE SDEWAIK (AOMD 55 709) — 1/4' MNU1EI1 S C.RU5 r01WEL (C<IV,,ACT 1. KEGS:); STANDARD ROLLED OR 6' AEh0004L C2IR1 b TAMER (TT,' ) AS DV PLANS --ID" - 6' 16NU5 'R 4UN • 11 Site Specific Conditions of Approval 7. The required setbacks shall be as follows: Front 30-feet living and/or side entry garage) 36-feet (front -load garage) Rear 25-feet Interior Side 10-feet (first story) 5-feet (each additional story) Street Side 20-feet Maximum Lot Coverage 40% • 22. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber- optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. • 23. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Kingswood Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 12 6 7/20/2022 • 24. The applicant shall install a decorative style privacy fence along the shared property line located at 2001 North Linder Road. The style of fencing shall be reviewed and approved by the Design Review Board and City Council prior to installation. The applicant shall coordinate the fence style with the property owner prior from 2001 North Linder Road prior to installation. The fence shall be installed prior to the City Clerk signing the final plat. i 13 i i Staff Recommendation If the annexation and rezone with development agreement are approved, staff recommends the conditions of development on If the conditional use permit, preliminary development plan, and preliminary plat are approved, staff recommends the site specific conditions of approval on of the Staff Report and standard conditions of approval on of the Staff Report. 14 7 7/20/2022 Planning Commission Recommendatio On June 6, the Eagle Planning and Zoning Commission voted to 0 (Smith absent) to recommend ,pprw of the applications with the conditions of development, site specific conditions of approval, and standard conditions of approval provided on page 15 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. 15 Site Specific Condition of Approval • 5. Provide a revised preliminary plat showing the portion of the common lots (Lot 30, Block 2 and Lot 1, Block 4) located adjacent to North Linder Road at a minimum of 7-550-feet in width to be in conformance with the buffer area/common lots as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(be). The height of the berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, of combination thereof shall be a minimum of 10-feet in height. The revised preliminary plat shall be provided prior to submittal of a design review application. 16 8 7/20/2022 17 t Comprehensive Plan Map Designation & Zoning Map Designation Existing Proposed North of site South of site East of site West of site COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Neighborhood Residential No Change Neighborhood Residential Neighborhood Residential Neighborhood Residential RUT (Rural -Urban Transition — Ada Agriculture County designation) R-2-DA-P (Residential with a Single -Family, Residential development agreement — PUD) Planned Unit Development R-2-DA-P (Residential with a Lanewood Subdivision No. 8 development agreement — PUD) R-3-DA-P (Residential with a development agreement — PUD) R-2-DA-P (Residential with a development agreement — PUD) Neighborhood Residential R-3-DA-P (Residential with a development agreement — PUD) Lanewood Subdivision No. 4 Bella Terra Subdivision Lanewood Subdivision Nos 2 & 5 18 9