Ordinance - 2022 - 868 - Amending Title 6, Ch 7; Title 8, Chptrs 2, 3, 6, 7; Title 9, Chptrs 1 & 4 - 08/08/2022 ORDINANCE NO. 868
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 6
"PUBLIC WAYS AND PROPERTY", CHAPTER 7, AND AMENDING TITLE 8 "ZONING",
CHAPTERS 2, 3, 6, 7, AND AMENDING TITLE 9 "LAND SUBDIVISIONS", CHAPTERS 1
& 4; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending Eagle
City Zoning and Subdivision Codes to protect natural open space and wildlife habitat, conserve
agricultural lands, address public health and safety, and maintain or enhance the aesthetic quality
of the City; and
WHEREAS, the proposed changes to the Eagle Zoning and Subdivision Codes are in accordance
with the City of Eagle Comprehensive Plan;
WHEREAS, it is the intent of the City of Eagle Council to provide Eagle citizens with a network
of publicly accessible trails and pathways that support a variety of recreation opportunities for
multiple user groups, supports healthy lifestyles,maintains sustainable use and maintenance of the
system, promotes economic development, and allows for mobility and alternative transportation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 6, Chapter 7, Section 6, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
No person shall remove a tree from a public right of way, Of public land, or commercial or
industrial district property within the city without submitting an application to the city and
obtaining the city's approval thereon. Applications for tree removal shall be filed with the zoning
administrator.
Section 2: That Title 8, Chapter 2, Section 1, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
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R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and let-split parcel division applications submitted
after the effective date hereof in all zoning districts exceeding one dwelling unit per two (2) acres
(R-E) except the city council may permit the use of individual well(s) and septic system(s) in the
A, A-R and R-E zoning districts upon a determination that the public health, safety, and welfare
will not be negatively impacted. Whenever there is a conflict or difference between the provisions
of this section and those of other chapters and/or other titles, the chapter or title with the more
restrictive provision shall prevail. When a property is being proposed for rezone to the R zoning
district,a development agreement may be utilized in lieu of the PUD and/or conditional use process
if approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
Section 3: That Title 8, Chapter 2, Section 3, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
(P - Permitted Use/C - Conditional Use/No P Or C - Prohibited Use)
DISTRICTS
LAND USES A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
COMMERCIAL:
Bar CCCG C
P
Convenience store with C 12 P
fuel service C C
Restaurant(with drive- P P C C
through) C C
Section 4: That Title 8, Chapter 3, Section 5, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
A. Accessory Structure:
1. Will not be located in any required front or street side yard area within the R-E,R,and MU
zoning districts.Accessory structures located with the A and A-R zoning districts may be permitted
within the front or street side yard area and shall comply with the minimum setbacks as required
in section 8-2-4 of this title..-, in which case the exterior design of the accessory structure will be
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compatible with the principal residence on the lot and shall not detract from the single-family
appearance of the lot or obscure and confuse the front entrance of the principal structure. For the
purposes of implementing this section, the term compatible shall mean similar exterior building
materials and form, including but not limited to similar: building shape and height, roof pitch.,
colors, siding, wainscoting, windows, and doors;
Section 5: That Title 8, Chapter 6, Section 7, be and is hereby added, to read as follows with
underline text to be added:
8-6-7: NATURAL FEATURES ANALYSIS:
A. Planned Unit Development (PUD) applications shall require a natural features analysis (NFA)
and natural features map(s) to be submitted with the preliminary development plan as specified
below:
1. The NFA shall outline the resources present on or within the boundaries of the site, as well as
the associated effects (direct and indirect) of the proposed development on or to those resources.
In addition to the resources listed below, impacts to open space, wildlife habitat, and agriculture
(if applicable) shall be addressed.
2.The NFA shall be completed by a resource specialist,i.e. someone showing sufficient education,
experience, and/or credentials in the specific resources outlined below. The minimum experience
for the author of the NFA shall be one of the following: a BS/BA from an accredited college or
university in a related field of study plus at least ten (10) years direct field experience, a MS/MA
from an accredited college or university in a related field of study plus at least five (5)years direct
field experience, or a Certified Environmental Professional as defined by the American Society
for Testing and Materials or the National Association of Environmental Professionals. If the
resource specialist is a Certified Environmental Professional, they must also provide evidence
supporting their qualifications (academic or professional experience) related to the resources
identified below.
3. The NFA shall include a mitigation plan that adequately addresses the impacts to the resources
affected. As the associated impacts to the resources are permanent in nature, the proposed
mitigation action shall also be in effect in perpetuity. The mitigation plan shall include adaptive
management principles (monitoring and alternative actions if unsuccessful), a funding source and
funds manger(if required), and justification that the plan would effectively mitigate the impacts.
4. The NFA shall also include the following:
a. Hydrology: Analysis and map of natural drainage patterns and water resources
including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain
areas or other areas subject to flooding, poorly drained areas, permanent high ground water areas,
and seasonal high ground water areas throughout the site.
b. Soils: Analysis and map of types of soils present in the site area including delineation
of prime agricultural soil areas, aquifer recharge soil areas, unstable soils most susceptible to
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erosion,and soils suitable for development. The analysis of soils shall be based on the Ada County
soils survey (United States department of agriculture, natural resources conservation service).
c. Topography: Analysis and map of the site's terrain including topographic mapping of
elevations with details sufficient to determine property topography and any slopes. If a drainage
channel borders the proposed development, the contour lines shall extend the additional distance
necessary to include the entire drainage facility abutting the site. Additionally, if determined by
the administrator, for adequate analysis of impacts, contour lines a distance determined by the
administrator shall extend beyond the proposed development boundary.
d. Vegetation: Analysis and map of existing vegetation of the site including, but not
limited to, existing trees,plants, and ground cover species.
e. Wildlife: Analysis and map of existing orpotential wildlife species.
f. Sensitive Plant And Wildlife Species: Analysis and map of sensitive plant and wildlife
species of the site including, but not limited to, those species listed in the Idaho conservation data
center(state of Idaho department of fish and game).
g. Historic Resources: Analysis and map of existing historic resources as identified on the
Ada County historic resources inventory and/or the State of Idaho Historic Preservation Office.
h. Hazardous Areas: Analysis and map of all potentially hazardous areas including, but
not limited to,land that is unsuitable for development because of flood threat,poorly drained areas,
high ground water, steep slopes,rock formation,buried pipelines,or other similar conditions likely
to be encountered.
i. Agriculture: Analysis and map of existing agricultural resources including farming and
ranching.
i. Map Features: The map shall show important features, including, but not limited to.,
the following: outline of existing resources (see above) and structures, watercourses, wetlands,
power lines,telephone lines, railroad lines, airport influence areas, any existing easements,
municipal boundaries, and section lines.
k. Other Supplemental Data: Other supplemental data may be required by the city
including, but not limited to, the following:
(1) Approximate location of any areas of fill.
(2) The elevations of all corner points on the boundaries of the proposed plat.
(3) The presence of any significant natural or cultural resources, i.e. wetlands or riparian
areas, state or federally listed species of concern (plants, insects, and wildlife), culturally
significant sites for Tribes, sites identified on the national register, or others.
B.Mitigation Plan: A mitigation plan is intended to off-set the spatial and temporal impacts(direct
and indirect)to existing resources(see above)of a site from a proposed action. Mitigation actions
should be similar in scope (size or intensity), timeframe (permanent impacts addressed in
perpetuity), and location (within in ten (10) miles of the Eagle City limits). This can be
accomplished a number of ways, including but not limited to (examples only):
• Permanently protecting an equivalent amount of land being impacted: this can be
accomplished with local land banks, development of off-site conservation easements, or
other similar approaches using existing lands that could otherwise be developed in the
future;
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• Increased habitat or use value of residual lands: increasing the value of the residual lands
within a specified project area to offset the loss of open space,wildlife habitat,or ag lands.
For example,if 100 acres were being developed,the developer could set aside 25 acres(75
acres developed) and increase the value of the residual habitat through enhancement
measures so that the residual lands would provide the same level of habitat value as the
100 acres;
• A combination of the two actions above coupled with a community education plan;
• Conservation and Education Program (CEP): payment on a per lot basis to the City's
Conservation and Education Program with fees established by resolution of the city
council;
• Or any other proposed mitigation that adequately mitigates impacts to resources as
determined by the city council.
Section 6: That Title 8, Chapter 6, Section 8, be and is hereby added, to read as follows with
underline text to be added:
8-6-8: TRANSPORTATION ANALYSIS:
Planned Unit Development(PUD)applications shall require an analysis of impacts to the regional
transportation system resulting from the proposed land uses and population prepared in
coordination with, as applicable, the Idaho Transportation Department, Ada County Highway
District, Community Planning Association Of Southwest Idaho, Valley Regional Transit, and any
other local jurisdiction(s)having authority over the public highways and streets materially affected
by the planned community. The traffic impact study shall be submitted to ITD and ACHD thirty
(30) days prior to submission of the PUD application to the city.
Section 7: That Title 8, Chapter 6, Section 9, be and is hereby added, to read as follows with
underline text to be added:
8-6-9: APPLICATION SUBMISSION STANDARDS:
A. Qualifications: All technical reports and recommendations shall be prepared under the
supervision of and signed by a qualified expert in each relevant field based on the following
qualifications:
1. Hazardous Areas, Hydrology, And Soils: Professional engineer licensed in the state of
Idaho;
2. Economist: A professional who demonstrates experience in community development, land
use, and/or public administration, specifically with regard to land development feasibility, public
services provision, public finance policy, and the economic and fiscal impacts of private
development.A graduate degree in economics,public finance,or public administration and at least
seven (7) years of experience; or a bachelor's degree in economics, public finance, or public
administration and at least ten(10) years of experience; or a bachelor's degree and at least fifteen
(15)years of experience;
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3. Planner: A professional who is engaged inprofessional planning, either currently or in the
past, as defined by the American Institute Of Certified Planners(AICP),and who has completed a
graduate degree in planning,from a program accredited by the planning accreditation board(PAB),
plus two (2)years of professional planning experience; or a bachelor's dejree in planning, from a
PAB accredited program, plus three (3) years of professional planning experience; or any other
postgraduate, graduate or undergraduate degree plus four (4) years of professional planning
experience; or no college degree plus eight(8) years of professional planning experience;
4. Transportation: A professional engineer licensed in the state of Idaho;
5. Historical And Cultural Resource Findings: Archaeologists, history and architectural
history consultants with submitted documentation that they have demonstrated that they meet the
secretary of the interior's 36 CFR 61 qualifications;
6. Wildlife Habitat Mitigation Plan And Habitat Analysis:A professional(s)whose experience
demonstrates considerable knowledge of planning and conducting field research for wildlife
habitat projects,and formulating specific plans to mitigate wildlife habitat impacts.For the wildlife
component, a graduate degree in wildlife biology or a closely related field and at least five (5)
years of experience; or a bachelor's degree in wildlife biology or a closely related field and at least
ten (10) years of experience; or a bachelor's degree and at least fifteen (15) years of experience.
For the vegetative component, a graduate degree in botany, plant ecology, or closely related field
and at least five (5)years of experience; or a bachelor's degree in botany,plant ecology,or closely
related field and at least ten (10) years of experience; or a bachelor's degree and at least fifteen
(15)years of experience;
7. Wetlands: A certified wetlands specialist or other qualified individual meeting the Army
Corps of Engineers Standards;
8. Slope Stabilization: A professional engineer licensed in the state of Idaho;
9. Revegetation: A licensed landscape architect or restoration specialist whose experience
demonstrates considerable knowledge in the implementation and execution of slope stabilization,
revegetation projects, and vegetation management; and
10. Groundwater: An individual or entity identified on the department of environmental
quality(DEQ)environmental consulting firms list(available on the DEO website)or a hydrologist
with technical background and experience in planning, conducting, and coordinating complex
hydrologic studies in groundwater modeling and analysis.
11. Wildland Fire Specialist: certified wildland fire specialist or individuals recognized by
local fire districts as qualified specialist.
B. Digital Submissions:
1. Digital submissions, in a format approved by the administrator, shall accompany all paper
submissions; and
2. Digital mapping shall be formatted to be compatible with the city's geographic information
system.
C. Mapping: All maps shall have a legend, north arrow, scale, title and author. All data or shape
files used to develop the map(s) will be submitted with appropriate meta and/or attribute data in
ARC-GIS or similar city-approved format.
Section 8: That Title 8, Chapter 7, Section 3-2, be and is hereby amended, to read as follows with
underline text to be added and strike-through text to be deleted:
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8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES:
The commission/council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved, or section 8-7-3-1 (C) of this chapter, or as may otherwise be
established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will
not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the proposed use
shall be able to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons,property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of agricultural lands or any natural open
space, scenic, cultural, or historic feature of major importance without adequate mitigation as
determined by the city council.
Section 9: That Title 9, Chapter 1, Section 6, be, and is hereby amended, to read as follows with
the underline text to be added:
9-1-6: RULES AND DEFINITIONS:
ACHD: refers to the Ada County Highway District.
Section 10: That Title 9,Chapter 4,Section 1-6,is hereby repealed and replaced with the following
text:
9-4-1-6: TRAIL AND PATHWAY REGULATIONS:
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A. Intent: The placement of trails, pathways, and sidewalks are intended to encourage motorized
and non-motorized forms of use, to provide safe, convenient, and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers, etc., and to promote
economic development in areas that allow it. The following factors will be considered in the
placement of any trail, pathway, or sidewalk: the utility, need, and impact to existing
neighborhoods; compliance with the comprehensive plan and trails and pathways master plan;
design as it relates to both crime prevention and function,and the responsibilities of ownership
and maintenance; or
The development of a defined planning process to include: a standardized application and review
process with funding and management structure for implementation and maintenance of the
system in perpetuity. In the event that a subdivision developed a suitable alternative to the city's
process, it may be adopted using the terms and standards defined below.
B. Trail and Pathway Terms:
1. Pathways and Trails: are areas improved to create motorized or non-motorized routes, loops
and courses. For the purposes of this regulation these terms are, in most cases, interchangeable.
(Historically, the term"pathway"has been used to describe the Greenbelt and other wide and
hard surface routes. The term"trail" is often associated with narrower paths and are usually
constructed from natural or native materials.)
2. Tread: the finished usable surface of a path.
3. Hard Surface: refers to tread materials such as concrete, asphalt, pavers, and rigid permeable
composites.
4.Natural Surface: refers to tread materials made of stone and other natural materials that have
been engineered for specific applications such as gravel, road mix, and crusher fines.
5.Native Surface: refers to tread materials made from the soil, aggregate, and rock found on or
adjacent to the finished path.
6. Trailhead: Facility used for access to trails or pathways that may include vehicle parking,
restrooms, and other facilities related to trail use.
C. Pathway Location:
1. The City should require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
a. Trailheads.
b. Pathway elements as identified within the comprehensive plan and the trails and pathways
master plan including regional hot spots.
c. Existing pathways providing local and regional connectivity.
2. In addition, pathways may be required to connect sites other than those noted above.
D. Pathway Design: The city will be responsible for approving the final pathway design. While
the city may exercise considerable discretion in determining the design of pathways,the
following minimum standards shall be followed:
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1. Those standards adopted by resolution of the city council titled, "The City of Eagle Trail and
Pathway Design and Construction Standards."
2. The official design standards for pathways set forth in the following manuals are to be used as
guides: the "Outdoor Developed Areas Accessibility Guidelines". the "Guide For The
Development Of Bicycle Facilities", or other nationally recognized design standards.
3. Pathways shall be located within common lots unless the city council determines that
placement within an easement is more appropriate to serve the public interest. If an easement is
used, it shall be designated as a perpetual, non-revokable easement. However, based on changes
in development plans,trails and associated easements may need to be relocated. These trails
may be relocated by the landowner or city, but must maintain the intent of the easement, i.e.
connectivity from point A to point B must be maintained, but may be done with a different
configuration or alignment.
All trail or pathway easements shall be provided with a center line in GIS or CAD format with a
defined area in the attribute, i.e. width and type of easement. These files will conform to City of
Eagle data standards.
4. For all trails and pathways maintained by the city, a minimum four foot(4') wide landscaped
area/building and fence setback, as measured from both edges of the paved path, shall be
required, and will be owned by either the abutting property owner(s) or a homeowners'
association unless accepted by a public entity. The four foot(4') wide landscaped area on either
side of the pathway may be decreased to a minimum of two feet(2') wide (as measured from the
edge of asphalt to the easement line)when used in conjunction with a meandering pathway,
however, the total width of the landscape area shall not be less than eight feet(8') (i.e., two feet
(2') on one side of the path and eight feet(8') on the other). For safety purposes, planting
material in this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat. Exceptions may be granted by
the city based on site limitations or alternative manage guidelines (see below).
5. If a subdivision has developed a suitable alternative to the city's pathway process, minimum
setbacks and easements may be adjusted to allow for greater flexibility and adaptive
management of the trail/pathway system.
E. Trail and Pathway Classifications:
1. Regional Trails and Pathways: are specified where a continuation of a major trail route is
required, anticipated or possible. They must be built to withstand loads from maintenance,
emergency and other vehicles that require access to locations along or near the pathway.
Therefore, the trails or adjacent lands must be designed to accommodate the turning radius of
such vehicles. The following requirements shall be used for planning and implementation
purposes. Exceptions may be granted by the city if a subdivision has developed a suitable
alternative to the city's pathway process and associated requirements.
a. Shall be ten feet(10') minimum in width.
b. Shall be maintained by the city, HOA, developer, or property owner, as determined by city
council.
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c. Tread surface shall be concrete and constructed to the City Trail and Pathway Design and
Construction Standard, unless otherwise approved by the city.
d. Adequate lighting, such as solar bollards, may be required as determined by the city.
e. To mitigate congestion along roadways related to regional trail use, off-street public parking
may be required by the city council.
f. A twenty-five foot(25') wide non-revocable public access easement is required unless
otherwise approved by the city.
2. Community Trails and Pathways: provide routes to and through developments connecting to
or providing linkage to regional facilities, arterials/collectors that provide alternative
transportation features, or connect to adjacent developments. The following requirements shall
be used for planning and implementation purposes. Exceptions may be granted by the city if a
subdivision has developed a suitable alternative to the city's pathway process and associated
requirements.
a. Shall be eight-foot(8') minimum in width unless otherwise approved by the city.
b. Shall be maintained by the HOA, developer, or property owner.
c. Tread surface shall be concrete and constructed to the City Trail and Pathway Design and
Construction Standard, or to the ACHD Sidewalk Standard unless otherwise approved by the
city.
d. Shall include a twenty-five foot(25') wide public access easement. The pathway edge shall
be setback a minimum of four feet(4') from the edge of the easement.
3. Neighborhood Trails and Pathways: shall be integrated into the design of common area open
spaces within neighborhoods. These routes do not, nor are expected to facilitate non-motorized
traffic that leads to other neighborhoods, regional trails, schools,parks, commerce, and other
attractors. They are intended for internal neighborhood use and for connecting to Community
Trails. The following requirements shall be used for planning and implementation purposes.
Exceptions may be granted by the city if a subdivision has developed a suitable alternative to the
city's pathway process and associated requirements.
a. Shall be six-foot(6') minimum in width unless otherwise approved by the city.
b. Shall be maintained by the HOA, developer, or property owner.
c. Tread surface shall be concrete and constructed to the City Trail and Pathway Design and
Construction Standard, or to the ACHD Sidewalk Standard, unless otherwise approved by the
city.
4. Special Use Trails: are those trails that are intended to serve a specific user group or a specific
combination of users. Motorized and non-motorized uses will be designated and approved by the
city. These trails are generally located outside the developed/urbanized areas of development and
are to be managed and designed for multiple functions beyond typical trail uses.The following
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requirements shall be used for planning and implementation purposes. Exceptions may be
granted by the city if a subdivision has developed a suitable alternative to the city's pathway
process and associated requirements.
a. Nature Trails: that facilitate hiking, running, horseback riding, and cycling,
(1) Tread shall be between two-feet(2')to eight-feet (8') in width.
(2) May include grades that exceed those typically found in other trail classes.
(3) Design and construction specifications are to be evaluated by the city based on intended
use and other factors, and require city approval.
b. Access Trails: provide vehicle access for the purposes of emergency access, habitat/natural
features/cultural resources, and fire protection, in addition to typical trail uses.
(1) Tread shall be between eight-feet (8')to twenty-feet (20') in width.
(2) May include grades that exceed those typically found in other trail classes.
(3) Design and construction specifications are to be evaluated by the city based on intended
use and other factors, and require city approval.
c. User Optimized Trails and Courses: include elements that enhance the experience for a
specific user group or a specific combination of users. Examples of optimized trail elements may
include jumps, berms, skills features and obstacles for cycling and off-road vehicles. Gates,
bridges, logs and water crossings, and other contrived obstacles are examples for equestrian uses.
(1) These trails may include grades that exceed those typically found in other trail classes.
(2) Design and construction specifications are to be evaluated by the city based on intended
use and other factors, and require city approval.
5. Alternative Design Trails and Pathways: may be approved by the city for uses and conditions
not covered by other classifications and specifications. The developer shall submit design and
construction specifications that shall include justification for the alternative.
F. Signage:
1. Within all public access easements, the city shall reserve the right to display signage,
2. The physical form including materials,placement, and messaging of any signage that the
developer or HOA wishes to display within public access easement(s), or signage placed within
view of the trail or pathway with messaging directed to trail or pathway users must be approved
in writing by the city.
G. Pet Waste Stations and Trash Receptacles:
1. For the health and safety of the public, pet waste bag stations and trash receptacles may be
required by the City within public access easements, to be maintained by the property owner or
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the City as determined by city council.
H. Community and Regional Sidewalks: while five-foot (5') wide sidewalks play an important
role in local neighborhood bicycle and pedestrian conveyance, with an increase in width, and as
a last resort alternative, they may also function as a public Community or Regional Trail or
Pathway when no other alignment is available and such alternative design is approved by the city
council.
1. Community and Regional Sidewalks shall comply with Section 9-4-1-7 of this code.
2. Community and Regional Sidewalks are not required to comply with Sections D.1 and D.2 of
this code unless otherwise required by the city council.
3. Community and Regional Sidewalks shall be located within the public right-of-way or within
common lots that border roadways, and along arterials and collectors with a minimum of vehicle
traffic crossings. These may also be required when bike lanes along adjacent roadways are not
available.
4. Community Sidewalks shall be a minimum eight feet(8') in width unless otherwise approved
by the city.
5. Regional Sidewalks shall be a minimum of ten feet(10') in width unless otherwise approved
by the city.
Section 11:That Title 9,Chapter 4, Section 1-7,is hereby repealed and replaced with the following
text:
9-4-1-7: SIDEWALK DESIGN AND MAINTENANCE:
1. Sidewalks, a minimum five feet(5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at the
building setback line, is over one hundred feet (100'), and the street is designated a local street,
sidewalks on only one side of the street may be allowed. This sidewalk exception shall not be
permitted on collectors, arterials, or section line streets.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a
minimum eight foot(8')wide landscape strip. The landscape strip shall be completed with sod,
automatic irrigation, and planted with two inch(2") minimum caliper shade class trees along all
streets within the subdivision. Installation of landscaping shall be in accordance with section 8-
2A-7 of this code. The area within the eight foot(8') wide landscape strip may be counted toward
the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during the
review of the subdivision landscape plan.
Page 12 of 13
K:\COUNCIL,\Ordinances\Ord 868 Title 8 and 9 update inc CEP.docx
5. If sidewalk is required on one side of each street only (as provided for in subsection 1 of this
section), then the trees on the side of the street with no sidewalk shall be placed within five feet
(5') of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres
and at the council's discretion, a five foot(5') wide striped path (with pedestrian designation
markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal
roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within five
feet(5') of the edge of roadway.
Section 12: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of this
ordinance.
Section 13: This ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law.In lieu of publication of the entire ordinance,a summary thereof
in compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this 6 day of 2022.
CITY OF EAGLE
Ada County, Idaho
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Page 13 of 13
K:\COUNCIL\Ordinances\Ord 868 Title 8 and 9 update inc CEP.docx
SUMMARY OF ORDINANCE NO. 868
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 6
"PUBLIC WAYS AND PROPERTY", CHAPTER 7, AND AMENDING TITLE 8 "ZONING",
CHAPTERS 2, 3, 6, 7, AND AMENDING TITLE 9 "LAND SUBDIVISIONS", CHAPTERS 1
AND 4; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE,Ada County, Idaho;
A summary of the principal provisions of Ordinance No. 868 of the City of Eagle, Ada County,
Idaho, adopted on August 8, 2022, is as follows:
Section 1: Eagle City Code Title 6 "Public ways and Property", Chapter 7, Section 6—
"Removal of Trees",amended,to require city approval for the removal of a tree from a commercial
or industrial district property.
Section 2: Eagle City Code Title 8 "Zoning", Chapter 2, Section 1—"Districts Established,
Purposes and Restrictions—R Residential District", be and is hereby amended, to require
centralized water and sewer facilities for all subdivision and parcel division applications in all
zoning districts,but the city council may permit the use of individual well(s)and septic(s)in certain
zoning districts.
Section 3: Eagle City Code Title 8 "Zoning", Chapter 2, Section 3—"Schedule of District Use
Regulations", be and is hereby amended, to read as follows: a Bar is permitted in zoning district
"CBD";A convenience store with fuel service is no longer permitted,but may obtain a Conditional
Use permit in zoning districts C-2 and C-3; a restraint with drive through service is no longer
permitted, but may obtain a Conditional Use permit in zoning districts C-2 and C-3.
Section 4: Eagle City Code Title 8"Zoning",Chapter 3,Section 5(A)—"Unique Land Uses—
Accessory Structure", be and is hereby amended, to include the defining term "compatible" as
meaning similar exterior buildings, materials, and form.
Section 5: Eagle City Code Title 8 "Zoning", Chapter 6, Section 7-Natural Features
Analysis,be and is hereby added,to require a Natural Features Analysis(NFA)and map feature(s)
for Planned Unit Development Applications. Requiring that the NFA to be prepared by a resource
specialist to include a mitigation plan that adequately address the impacts the application will have
on the resources affected, which include hydrology, soils,topography, vegetation, sensitive plant
and wildlife species, historic resources, hazardous areas, agricultural analysis, map features, and
other supplemental data as may be required. The NFA shall also include: a Hydrology analysis
and map of natural drainage patterns and water resources; Soil(s) analysis and map of types of
soils present in the site area based on the Ada County soils survey; Topography analysis and map
of the site's terrain including topographic mapping of elevations with details sufficient to determine
property topography and any slopes; Vegetation analysis and map of existing vegetation of the
site; a Wildlife analysis and map of existing or potential wildlife species; Sensitive Plant and
Wildlife Species analysis and map of sensitive plant and wildlife species of the site; Historic
Resources analysis and map of existing historic resources as identified on the Ada County historic
resources inventory and/or the State of Idaho Historic Preservation Office; Hazardous Areas
analysis and map of all potentially hazardous areas including, but not limited to, land that is
unsuitable for development because of flood threat,poorly drained areas,high ground water, steep
slopes, rock formation, buried pipelines, or other similar conditions likely to be encountered;
Agriculture analysis and map of existing agricultural resources including farming and ranching;
Map Features showing important features; and Other Supplemental Data as may be required by
the city
Section 6: Eagle City Code Title 8 "Zoning", Chapter 6, Section 8—"Transportation
Analysis", be and is hereby added,to require Planned Unit Development applications to include a
an analysis of impacts to the regional transportation system resulting from the proposed land uses
and population prepared in coordination with,as applicable,the Idaho Transportation Department,
Ada County Highway District, Community Planning Association Of Southwest Idaho, Valley
Regional Transit,and any other local jurisdiction(s)having authority over the public highways and
streets materially affected by the planned community.
Section 7: Eagle City Code Title 8 "Zoning",Chapter 6, Section 9—"Application Submission
Standards", be and is hereby added,to include:
8-6-9-A: Qualifications section requiring all technical reports and recommendations be
prepared under the supervision of and signed by a qualified expert in each relevant field
based on the specified qualifications. Expert qualifications are defined in the following:
Hazardous Areas,Hydrology,and Soils;Economist;Planner;Transportation;Historical And
Cultural Resource Findings; Wildlife Habitat Mitigation Plan And Habitat Analysis;
Wetlands; Slope Stabilization; Revegetation; Groundwater; and Wildland Fire Specialist.
8-6-9-B. A Digital submissions section requiring that digital submissions be in an approved
format, compatible with the city's geographic information system, and accompany all paper
submissions.
8-6-9-C. A Mapping section requiring all maps shall have particular requirements, and
submitted with appropriate meta and/or attribute data in ARC-GIS or similar city-approved
format.
Section 8: Eagle City Code Title.8 "Zoning", Chapter 7, Section 3-2—"General Standards for
Conditional Uses", be and is hereby amended, to require the commission/council to find that a
conditional use permit will not result in the destruction,loss or damage of agricultural lands or any
natural open space, or cultural feature of major importance without adequate mitigation as
determined by the city council.
Section 9: Eagle City Code Title 9 "Land Subdivisions", Chapter 1, Section 6—"Rules and
Definitions",be and is hereby amended to define ADHD as the Ada County Highway District.
Section 10: Eagle City Code Title 9 "Land Subdivisions", Chapter 4, Section 1-6—
"Pedestrian/Bicycle Pathway and Sidewalk Regulations", be and is hereby amended in section D
"Pathway Design" to set forth a new minimum standard for pathway approval requiring that
pathway design(s) meet the standard set forth in the "Outdoor Developed Area Accessibility
Guideline", the "Guide For The Development Of Bicycle Facilities" manual, or other nationally
recognized designed standard.
Section 11: Eagle City Code Title 9 "Land Subdivisions", Chapter 4, Section 1-7—"Bicycle
Pathway" is repealed and replaced with the language previously codified as Eagle City Code 9-1-
4-6(F) "Sidewalk Design".
Section 12: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of this
ordinance.
Section 13: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders
The full text of Ordinance No. 858 is available at City Hall, on the City website, and will be provided to
any citizen upon personal request during normal office hours
Signed:
Jason Pierce,Mayor
Attest: Tracy E. Osborn,City Clerk
CERTIFICATION OF ATTORNEY
I,the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to the City
of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 868 of the City of
Eagle and that the same is true and complete and provides adequate notice to the public of the contents of
said ordinance.
Dated this ls`day of September,2022.
Victor Villegas 1OP
Borton-Lakey Law& Policy
City Attorney, City of Eagle
Beaufort Gazette The Herald-Pock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach
Belleville News-Dernecrat Herald Sun-Durham Modesto Bee The News Tribune Tacoma
Bellingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon
Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune
i1..MCCLATC:HY Centre Daily Times Kansas City Star Sacramento Bee Tri-City Herald
Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle
Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia
Fresno Bee Miami Herald Sun Herald-Biloxi
AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cos Depth
36791 314076 Print Legal Ad-IPL0088657 $135.44 3 86 L
Attention: Kellie Rekow Bettina Jantzen,being duly sworn,deposes and
PO BOX 1520 says:That she is the Principal Clerk of The Idaho
EAGLE,ID 836169102 Statesman,a daily newspaper printed and
published at Boise,Ada County,State of Idaho,
and having a general circulation therein,and which
said newspaper has been continuously and
uninterruptedly published in said County during a
SUMMARY OF ORDINANCE NO.868 period of twelve consecutive months prior to the
AN ORDNANCE OF THE CITY OF EAGLE'ADA COUNTY IDAHO,AMENDING TELE 6"PUBLIC WAYS AND PROPERTY'' first publication of the notice,a copy of which is
CHAPTER 7,AND AMENDING TITLE 8"ZONING',CHAPTERS 2,3,6,7,AND AMENDING TITLE 9"LAND SUBDNISIONS",
CHAPTERS 1 AND 4;PROVIDING A SEVERABILfTY CLAUSE;AND PROVIDING AN EFFECTNE 047E
NOW,THEREFORE,BE IT ORDANED BY THE MAYOR ANC CRY COUNCL OF THE CITY OF EAGLE,Ada County,Idaho; attached hereto:that said notice was published in
A summary of the principal provisions of Ordinance No.868 of the City of Eagle,Ada County,Idaho,adopted on August
8,2022,is as follows: The Idaho Statesman,in conformity with Section
Sr cti n 1:Eagle City Code Tale 6"Public ways and Property',Chapter 7,Section 6-"Removal of Trees",amended,to
require city approval for the removal of a tree from a commercial or industrial district property. 60-108,Idaho Code,as amended,for:
smakui.2.,Eagle City Code Title 8"Zoning",Chapter 2,Section 1-"Districts Established,Purposes and Restrictions-R
Residential District",be and is hereby amended,to require centralized water and sewer facilities for all subdivision and
parcel division applications In all zoning districts,but the city council may permit the use of individual well(s)and septic(s)
in certain zoning districts.
Section 3"Eagle City Code Title 8"Zoning",Chapter 2,Section 3-"Schedule of District Use Regulations",be and is No.of Insertions: 1
hereby amended,to read as follows:a Bar is permitted in zoning district"CBD";A convenience store with fuel service is
no longer permitted,but may obtain a Conditional Use permit in zoning districts C-2 and C-3;a restraint with drive through
service is no longer permitted,but may obtain a Conditional Use permit in zoning districts C-2 and C-3. Beginning Issue of: 09/05/2022
Section 4:Eagle City Code Tale 8"Zoning",Chapter 3,Section 5(A)-"Unique Land Uses-Accessory Structure".be and
is hereby amended,to include the defining term"compatible'as meaning similar exterior buildings,materials,and form.
section S:Eagle City Code Title 8"Zoning",Chapter 6,Section 7-Natural Features Analysis,be and is hereby added. Ending Issue of: 09/05/2022
to require a Natural Features Analysis(NFA)and map feature(s)for Planned Una Development Applications.Requinng
that the NFA to he prepared by a resource specialist to include a mitigation plan that adequately address the impacts the
application will have on the resources affected,which include hydrology,soils,topography,vegetation,sensitive plant and
wildlife spaces,historic resources,hazardous areas,agricultural anayse,map features,and other supplemental data
as may be required.The NFA shall also include:a Hydrology analysis and map of natural drainage patterns and water
resources;Soil(s)analysis and map of types of soils present in the site area based on the Ada County soils survey;Topog-
raphy analysis and map of the site's terrain including topographic mapping of elevations with details sufficient to determine
property topography and any slopes;Vegetation analysis and map of existing vegetation of the site;a Wildlife analysis and
map of existing or potential wildlife species;Sensitive Plant and Wildlife Species analysis and map of sensitive plant and
wildlife species of the site;Historic Resources analysis and map of existing historic resources as identified on the Ada 944t-
County historic resources inventory and/or the State of Idaho Historic Preservation Office;Hazardous Areas analysis and
map of all potentially hazardous areas Including,but not limited to,land that is unsuitable for development because of flood
threat,poorly drained areas,high ground water,steep slopes,rock formation,buried pipelines,or other similar conditions
likely to be encountered;Agriculture analyse and map of existing agricuauml resources including farming and ranching;
Map Features showing important features;and Other Supplemental Data as may be required by the city
Section 0.Eagle City Code Title 8-Zoning",Chapter 6,Section 8-'Transportation Analysis",be and is hereby added,to (Legals Clerk)
require Planned Unit Development applications to include a an analysis of impacts to the regional transportation system
resulting from the proposed land uses and population prepared in coordination with,as applicable,the Idaho Transpor-
tation Department,Ada County Highway District.Community Panning Aswation Of Southwest Idaho,Valley Regional
Transit,and any other local jurisdiction(s)having authority over the public highways and streets materially affected by the On this 6th day of September in the year of 2022 before
planned community.
section T:Eagle City Code Title 8"Zoning",Chapter 6,Section 9-"Application Submission Standards",be and is hereby me,a Notary Public,personally appeared before me
added,to include:
8-6-9-A:Qualifications section requiring all technical reports and recommendations be prepared under the supervision Bettina Jantzen known or identified to me to be the
of and signed by a qualified expert in each relevant field based on the specified qualifications.Expert qualifications are
defined in the following:Hazardous Areas,Hydrology,and Soils;Economist;Planner;Transportation;Historical And Cul- person whose name subscribed to the within
tural Resource Findings;Wildlife Habitat Mitigation Plan And Habitat Analysis;Wetlands;Slope Stabilization;Revegeahon; instrument,and beingbyfirst dulysworn,declared that
Groundwater;and Wieland Fire Specialist. instrument,
8-6-9-B.A Digital submissions section requiring that digital submissions be in an approved format,compatible with the the statements therein are true,and acknowledged to
city's geographic information system,and accompany all paper submissions.
8-6-9-C.A Mapping section requiring all maps shall have particular requirements,and submitted with appropriate meta me that she executed the same.
and/or attribute data in ARC-GIS or similar city-approved format.
Section 8t Eagle City Code Title 8"Zoning",Chapter 7,Section 3-2-"General Standards for Conditional Uses',be and s
hereby amended,to require the commission/council to find that a conditional use permit will not result in the destruction,
loss or damage of agricultural lands or any natural open space,or cultural feature of major importance without adequate
mitigation as determined by the city council.
rdtigIjgD at Eagle City Code Title 9'Land Subdivisions',Chapter 1,Section 6-"Rules and Definitions",be and is hereby
amended to define AD-ID as the Ada County Highway District.
section 10.Eagle City Code Title 9"Land Subdivisions",Chapter 4,Section 1-6-"Pedestrian/Bicycle Pathway and
Sidewalk Regulations",be and is hereby amended in section D"Pathway Design"to set forth a new minimum standard for /�,�f /)rs`
pathwayGuideline",
approval", requiring that pathway desDevelopment
meet the standard set forth in the"Outdoor Developed gniAreaed As desii-gned
u4,((jadzie: 5`'1:�+Wi/
billy Guideline",the"Guide For The Development Of Bicycle Facilities'manual,or other nationally Accessd
standard.
Section 111 Eagle City Code Title 9"Land Subdivisions",Chapter 4,Section 1-7-1Bicycle Pathway"is repealed and
replaced with the language previously coddled as Eagle City Code 9-1-4-6(F)"Sidewalk Design".
Section 12'The provisions of this ordinance are hereby declared to he severable and if any provision of this act or the
application of such provision to any person or circumstance is declared invalid for any reason,such declaration shall not
affect the validity of remaining portions of this ordinance.
section 13r Provides that this ordinance shall be in full force and effect from and after its passage,approval,and publi- Notary Public in and for the state of Texas,residing in
cation,according to law;provides for severability;repeals conflicting ordinances,resolutions,and orders
The full text of Ordinance No.868 is available at City Hall,on the City website,and will be provided to any citizen upon Dallas County
personal request during normal office hours
Signed: ._.-vim
n Pierce.Mayor
AAtttest:Tracy E.Osbom,City Cleric ,,pr .,~ 1 d,��C !-r
CERTIFICATION OF ATTORNEY :(1' 4. M 't
I,the undersigned,an attorney at law duly licensed in the State of Idaho and serving as counsel to the City of Eagle.Idaho, 1 ,1 �r pp
hereby certify that I have read the above Summary of Ordinance No.868 of the City of Eagle and that the same is true and f 4 j 1 ;a i My Ncdary ID#1311%9951
complete and provides adequate notice to the public of the contents of said ordinance.
Dated this 1st day of September,2022. "...`v't., Expires OdObef 2 3 '2022
ti
Cry Attorney,
y Law Eagle ��ot affidavits.
licy
City Attorney,City of Eagle i6ma charge
I 2057Legal downed pleas. °not destn71