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Ordinance - 2024 - 924 - An Ordinance Amending Title 11A Zoning Ordinance - Spring Valley Planned Development - 08/27/2024 ORDINANCE NO.924 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 11 A, CHAPTER 1, SECTION 5,"DEFINITIONS";CHAPTER 2, SECTION 3,"LAND USE STANDARDS", CHAPTER 2, SECTION 4, TABLE 2.5, "OPEN SPACE DISTRICT DEVELOPMENT STANDARDS"; CHAPTER 3 SECTION 6, SUBSECTION B, ITEM 6, "FENCES"; CHAPTER 4, SECTION 4, "SPECIFIC LAND USE STANDARDS"; CHAPTER 7, SECTION 1, SUBSECTION 1, "PURPOSE, GOALS,AND OBJECTIVES";CHAPTER 8, SECTION 13,"NOTICE REQUIREMENTS";CHAPTER 13,ARTICLE A, SECTION 6, "RULES AND DEFINITIONS"; CHAPTER 13,ARTICLE B, SECTION 4,ITEM E,"APPROVAL TIME";CHAPTER 13,ARTICLE C, SECTION 2,SUBSECTION 1,ITEM C, "STUB STREETS"; CHAPTER 13, ARTICLE D, SECTION 2, SUBSECTION 2, "GUARANTEE OF IMPROVEMENTS";PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance;and WHEREAS,the Mayor and Council have determined that good cause exists for amending the Eagle City Planned Developments Code to protect the public health and safety and the aesthetic quality of the City; and WHEREAS,the proposed changes to the Eagle Planned Developments Code is in accordance with the City of Eagle Comprehensive Plan; WHEREAS,it is the intent of the City of Eagle Council and the developer(GWC Capital,LLC)to establish minimum land use standards for the open space sub-districts; WHEREAS,it is the intent of the City of Eagle Council to bring the Spring Valley Development Ordinance, adopted January 14,2014,into comparable standing as the Zoning and Land Subdivisions Titles; and WHEREAS, it is the intent of the developer(GWC Capital,LLC)to seek a revision of the Eagle Planned Developments Code so that this Title is consistent with the current development standards of the Zoning and Land Subdivisions codes. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE,Ada County,Idaho; Page 1 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title l IA Amendments.docx Section 1:That Title 11A,Chapter 1,Section 5,be and is hereby amended,to read as follows with underline text to be added and strike-through text to be deleted: 11 A-1-5: DEFINITIONS: ACCESSORY DWELLING UNIT: An attached or detached independent dwelling unit on the same lot with,and of a nature customarily incidental and subordinate to,the principal dwelling unit that has separate kitchen,sleeping,and bathroom facilities. ACCESSORY STRUCTUREBUILDING: A structure on the same lot with, and of a nature customarily incidental and subordinate to,the principal structure. In agricultural,residential,and non-residential zones, accessory structures/buildings include, but are not limited to, accessory dwelling units, detached carports and garages,pool houses and cabanas,amateur radio and satellite dish antennas,barns,corrals,stables,and similar uses and structures, including accessory storage buildings. Cargo containers, railroad cars, converted mobile homes,camp trailers,recreational vehicles,bus bodies,vehicles,and similarprefabricated items and structures originally built for purposes other than the storage of goods and material or not constructed in accordance with building code are not permitted as accessory structures. ACCESSORY USE: A use customarily incidental and subordinate to the principal use that occurs on the same lot as the principal use. AFFECTED PERSON: One having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development ALLEY: A right of way or common lot inclusive of an easement which provides vehicular access to the rear or side of a property and is primarily intended to provide access for alley load garages and designated parking. AMBULANCE SERVICES: Provision of nonemergency medical care transportation,including incidental storage,maintenance and parking of medical transport vehicles. ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels,microwave dishes, and satellite dishes,and omnidirectional antennas,such as whip antennas. APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities permanently installed. ARCHITECT: A professional individual registered in the state of Idaho to practice in the field of architecture. AUTO WASHING FACILITY: An establishment or area that provides facilities for washing and cleaning vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and that may employ some hand labor. The facility may include vacuums and drying areas as accessory uses. BEAUTY/BARBER SHOP: Establishments where services are provided for hairdressing,but which may also offer tanning beds, facials,manicures,pedicures,massages and the like. BLOCK: A group of lots,tracts orparcels within well-defined boundaries,usually streets. BOARD,DESIGN REVIEW: The design review board of the city of Eagle,Idaho. BOND,PERFORMANCE OR SURETY:A financial guarantee by a subdivider or developer with the City in the amount of the estimated construction cost guaranteeing the completion of physical improvements, according to plans and specifications within the time prescribed by the agreement. Page 2 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx BUILDING: A structure designed or used as the living quarters for one or more families, or a structure designed for use as an accessory to a structure used for living quarters or a structure designed for commercial or industrial uses. BUILDING HEIGHT: The vertical distance measured from the finished floor elevation closest to the finished grade to the top of the roof. "Top of roof'means ridgeline or the highest point of any architectural element concealing rooftop equipment, excluding chimneys and vents. The height restrictions are not intended to limit the number of stories. BUILDING,PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated. BUILDING SETBACK LINE: The required distance from a building to a property line or site improvements, including streets, curbs, parking lots, various site driveways and access roads, walkways, hardscape,and walls,and in which no building or structure may be located above ground except as may be provided herein. BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings. CATERING SERVICE: Preparation and delivery of food and beverages for off site consumption without provision for on site pick up or consumption. CHANNEL:A natural or artificial watercourse of perceptible extent,with definite bed and banks to confine and conduct continuously or periodically flowing water. CITY CODE: The municipal code of the city of Eagle,Idaho. CITY COUNCIL: The city council of Eagle,Idaho. COMMISSION,HISTORIC PRESERVATION:The historic preservation commission of the city of Eagle, Idaho. COMMISSION, PARKS, PATHWAYS AND RECREATION (PPRC): The parks, pathways, and recreation commission of the city of Eagle,Idaho. COMMISSION,PLANNING AND ZONING: The planning and zoning commission of the city of Eagle, Idaho. COMPREHENSIVE PLAN: A document adopted by the City Council that herein may be referred to as a comprehensive plan or comprehensive development plan. CONDITIONAL USE: A use permitted within a district, other than a principally permitted use, requiring a permit and approval of the council.Uses permitted in each land use district are listed in section 11A-2-3, "Land Use Standards",of this title. COUNTY RECORDER: The office of the Ada County recorder. COVENANT: A written promise or pledge. CULVERT:A drain that channels water under a bridge, street,road or driveway. DEDICATION: The setting apart of land or interests in land for use by the public by ordinance,resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public upon the acceptance by the city or affected agency. DEVELOPER:Authorized agent(s)of a subdivider or the subdivider himself. Page 3 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-0I\ORD 924-Title I IA Amendments.docx DEVELOPMENT: Alterations to the project, including, but not limited to, grading, landscape improvements,or construction, for which a planning application has been approved. DITCH: An open channel artificially constructed. DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with"runoff'as used herein. DRAINAGE CHANNEL:A natural channel,ditch,pipe or other conduit for liquid,naturally or artificially situated to receive storm drainage at an inlet point or multiple inlet points and then convey such storm drainage to an outlet point. DRAINAGE FACILITY:An artificially constructed or naturally occurring drainage channel,detention or retention facility,or partial retention facility. DRAINAGE RECEIVER: A government entity,canal company or special taxing district which maintains a drainage facility adjacent to the development and agrees, as evidenced by a signed and dated public document,to accept a defined quantity of storm drainage from the development.This definition also applies to Ada County highway district,with regard to any runoff from any development to any street. Notice is particularly given that the presence of a natural drainage channel does not relieve the developer from the requirement that any drainage must be retained unless discharged at the predevelopment rate or it is formally accepted by a drainage receiver. DRAINAGEWAY: A drainage channel or drainage ditch. DRUGSTORE: A store where the primary business is the filling of medical prescriptions and the sale of drugs,medical devices and supplies and nonprescription medicines but where nonmedical products may be sold as well. EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes.Also,a right acquired by prescription. ELECTRICAL SUBSTATION: A structure that is part of an electric generation,transmission,and distribution system that: A. Converts electric energy to a lesser voltage for the purpose of subregional or localized distribution; B. Functions as a transition point from overhead to underground electric transmission lines;or C. Acts as the point of convergence for two or more transmission lines. ENGINEER: Any person who is licensed in the state to practiceprofessional engineering. FAMILY: A. A person living alone or two(2)or more persons related by blood or marriage; B. A group of not more than ten(10)persons who need not be related by blood or marri ge living together in a dwelling unit; C. Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two (2) staff members reside in the dwelling at any one time. (Resident staff shall not be counted toward the"8 or fewer" criterion.) FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency.The floodplain includes the channel, floodway or floodwav fringe, as established pursuant to engineering practices of the U.S. army corps of engineers,as follows: Page 4 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx Channel: A natural or artificial watercourse of perceptible extent, with definite bend and banks to confine and conduct continuously or periodically flowing water. Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water. Flood of 100-Year Frequency: A flood magnitude which has a one percent(1%)chance of being equaled or exceeded in any given year. Floodway:The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot(1'). Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas include those portions of the floodplain which will be inundated by a flood of 100-year frequency. GOLF COURSES/CLUBHOUSES (PUBLIC AND PRIVATE): A tract of land laid out for playing the game of golf that may include a clubhouse,restaurant,bar,locker rooms,banquet facilities,meeting rooms, lounge areas, snack bars, pro shop, practice facilities and other uses customarily associated with a golf course. , , GOVERNING BODY: The city council of the city of Eagle,Idaho. GOVERNMENT BUILDINGS/OFFICES: Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. HARDWARE STORES: Sales of home and commercial building supplies. This use does not include building supply outlets. HEALTH AUTHORITY: The local district health department or state department of health and welfare that has jurisdictional authority. HIGHWAY:A street designated as a highway by an appropriate state or federal agency. HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of ten percent (10%)or more. HISTORIC PRESERVATION: The research, documentation,protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this community,the state,or the nation. IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and building site developments. LANDSCAPE ARCHITECT: A professional individual registered in the state of Idaho to practice in the field of landscape architecture. LIBRARY: Any establishment or building set aside for the repository or retrieval of information available for the public or patrons to make use of for all kinds of research and reading,including rooms for meetings_ LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off street parking spaces are filled. Required off street loading space is not to be included as off street Page 5 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx parking space in computation of required off street parking space. All off street loading spaces shall be located totally outside of any street or alley right of way. LOOP: A minor street in which both terminal points are on the same street of origin. LOT: A parcel,plot, tract, or other land area of sufficient size to meet minimum zoning requirements for use,coverage and area,and created by subdivision for sale,transfer,or lease,and to provide such yards and other open spaces as are herein required. Such lot shall have frontage, as may be required within this title, on an improved public street,or on an approved private street,and may consist of: 1. A single lot of record; 2. A portion of a lot of record;and 3. A combination of complete lots of record,or of portions of lots of record. LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or rights of way of record. LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot,expressed as a percentage. LOT FRONTAGE: The front of a lot shall be construed to be the portion adjacent to the street, except for alley load homes designed to face each other with common area pedestrian access between fronts. In that case the front of the lot shall be the property line opposite of the alley and adjacent to the common area pedestrian access.For the purpose of determining frontage requirements on corner lots and through lots,all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under "Yard"in this section. LOT,MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the right of way of any public or private street. LOT OF RECORD: A lot which is a part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds,the description of which has been so recorded. LOT TYPES:As used in these regulations,lot types are as follows: 1. Corner Lot: A lot located at the intersections of two(2)or more streets. 2. Interior Lot:A lot other than a corner lot with frontage on only one street other than a corner lot. 3. Through Lot:A lot with frontage on more than one street other than a corner lot. LOT WIDTH: Lot width shall be determined as follows: The distance between side lot lines measured at a point midway between the front and rear lot lines. M3 EAGLE:The original and temporary name for Valnova that was used during the planning and approval process with the city of Eagle. All references to M3 Eagle in prior planning documents are synonymous with Spring Valley and Valnova. MASTER DEVELOPER: The M3 Companies GWC Capital, LLC, an Arizena Utah limited liability company,and all its assignees and successors in title and interest. MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or steel rods,used to identify any tract,parcel,lot or street lines,as specified in chapter 50-1303,Idaho Code. MUSEUM: Institution displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes museums and art galleries. Page 6 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title l IA Amendments.docx NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which it is situated. OFFICE, MEDICAL AND DENTAL: A facility for a group of one (1) or more physicians for the examination and treatment of human patients, primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals. Patients are not kept overnight.Ancillary laboratory facilities may be included. OPEN SPACE:Land which is set aside for use by residents of Valnova or the general public for recreation, agriculture, habitat, vegetation, scenic or similar uses. Open space may be developed or natural and may include: 1) public and private parks, sports fields, and trails; 2) golf courses; 3) equestrian centers; 4) vineyards and other agricultural lands;5)landscape easements or common areas inside or outside of public rights of way; 6)floodplains and floodways; 7)the lesser of fifty percent(50%)of school sites or the area of playfields; 8) scenic corridors; 9) undeveloped hillsides; 10) wetlands, wildlife habitat, drainage areas, and unique or sensitive plant areas; and 11) conservation easements or permanent open space on private lands or lots subject to deed restriction. Open space may be publicly or privately owned and may be accessible or inaccessible to the public. The minimum open space within Valnova shall be twenty percent (20%) of Valnova or one thousand two hundred three(1,203) acres. The minimum amount of open space within any planning area shall be fifteen percent(15%)of the total gross acres of the planning area. OPEN SPACE, ACTIVE: Open space which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas,community garden,golf courses or sports courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to chapter 3 of this title may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. OPEN SPACE, PASSIVE: Open space which includes, but is not limited to, landscaped buffer areas required pursuant to chapter 3 of this title (including the sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, excluding active open space areas. ORIGINAL PARCEL OF LAND: Any unplatted contiguous parcel of land held in one ownership as of November 15, 1983. OWNER: An individual, firm,association, syndicate,partnership or corporation having any interest,legal or equitable,in the land to be subdivided. PARTIAL RETENTION OR DETENTION FACILITY:A constructed basin or underground storage vessel built to retain a portion of the storm drainage it receives until it is absorbed into the soil strata,and to allow not more than an amount as designated by agreement with an adjacent drainage receiver to pass into an adjacent drainageway or drainage facility. PARTIAL RIGHT OF WAY:A dedicated right of way providing only a portion of the required street widths usually along the edge of a subdivision or tract of land. PERSONAL WIRELESS FACILITIES:Facilities necessary for the provision of personal wireless services (i.e.,towers,support buildings,etc.). PERSONAL WIRELESS FACILITIES (WITHIN ENCLOSED BUILDING): Facilities necessary for the provision of personal wireless services (i.e., antennas) that are located within a building or on a building and screened from view. PERSONAL WIRELESS SERVICES: Commercial wireless telecommunication services including cellular,personal communication services(PCS),specialized mobilized radio(SMR),enhanced specialized mobilized radio(ESMR),paging,and similar services that are marketed to the general public. Page 7 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title 11A Amendments.docx PHOTOGRAPHIC STUDIO: An establishment for taking or developing photographs on site for a fee or compensation. PLAT: The drawing,mapping or planning of a subdivision,town site or other tract of land or a replatting of such including certifications,descriptions and approvals including the following: 1. Preliminary Plat: The first formal presentation by drawings of a proposed subdivision;and 2. Final Plat:The final and formal presentation by drawings of an approved subdivision development,the original and one copy of which is filed with the county clerk and recorder. PREDEVELOPMENT RUNOFF: The runoff quantity that would have been produced during the design storm from the site in its original native soil condition,prior to any construction of buildings or of modified surfaces. PRINCIPAL BUSINESS: The business activity carried out by a person or entity at a specific location that is not an "accessory use". The term "accessory use" as used herein shall be defined as set forth in this section. PRINTING AND/OR BLUEPRINTING:An establishment providing printing,blueprinting,photocopying, graphic design,engraving,binding,or related services. PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings,power plants,electric substations and transmission lines,wells and well houses,water treatment plants or pumping stations, sewage disposal or pumping plants, fiber optic internet housing/hut and other similar public services structures by a public utility, by a railroad whether publicly owned or privately owned,or by a municipal or other utility provider,including the furnishing of electrical,gas,rail transport, communication,public water and sewage services. PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures,not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. QUASI-PUBLIC USE:Churches,Sunday schools,parochial schools,colleges,hospitals and other facilities of an educational,religious,charitable,philanthropic or nonprofit nature. RECREATION ITEM,PERSONAL: Includes, but is not limited to,bus,boat, snowmobile,jet ski, horse trailer,motorcycle,and all-terrain vehicle. RECREATIONAL VEHICLE: A motor home, travel trailer, truck camper, or camping trailer, with or without motive power,designed for human habitation for recreational or emergency occupancy.Any of the following vehicles which are licensed for travel on the highway:travel trailer(a vehicular,portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer of the trailer); pick-up coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motor home (a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle); and camping trailer(a canvas,material or metal folding structure,mounted on wheels,and designed for travel,recreation and vacation use). RESERVE STRIP:A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening. Page 8 of 47 K:\Planning Dept\Eagle Applications\Spnng Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating, which includes drive-up window service for ordering food to go. RETENTION FACILITY:A constructed basin or constructed underground storage vessel built to retain all of the storm drainage it receives until it is absorbed into the soil strata. RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. ROOF MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including,but not limited to,heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof mounted mechanicals shall be screened from view. SEAT:For purposes of determining the number of off-street parking spaces for certain uses,the number of seats is the number of seating units installed or indicated on each twenty four(24)linear inches of benches, pews or space for loose chairs. A row of benches, pews or loose chairs for every five feet(5') of seating area shall be considered for determining total possible number of rows. SFSL DRIVE AISLE: A right of way or common lot inclusive of an easement specific to the SFSL residential zoning district which provides vehicular access to the rear or side of a property and is primarily intended to provide access for garages and designated parking. Design and construction standards shall be the same as private alleys except as otherwise stated within subsection 11 A-2-4(G)and its exhibits(Exhibits 2.2 through 2.8). STANDARD SPECIFICATIONS: The specifications as specified in this chapter or as officially adopted by the city. STATE: The state of Idaho. STORAGE VESSEL: An earthen basin or tank or vault structure employed to store liquid. Earthen basins used to store storm drainage may be filled with porous media(usually gravel)to attain structural stability, in which case the volume of available storage is taken as the volume of the interstitial voids of the porous media. STORM DRAIN FACILITY:Facilities by which stormwater is collected and conveyed,including,but not limited to,any roads with drainage systems, streets,gutters,curbs,catch basins,inlets,piped storm drains, pumping facilities, retention and detention basins, and natural and humanmade or altered drainage ditches/channels/lakes/reservoirs,and other drainage structures. STORM DRAINAGE: The water running off the surfaces of a site as a result of precipitation on the site (including rain,hail meltwater and snow meltwater). STORY: That part of a building between the surface of a floor and the ceiling immediately above it. STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted.The term"street"also includes the terms highway,thoroughfare,parkway,road,avenue, boulevard,land,place and other such terms. STREET,ARTERIAL: A street designated for the purpose of carrying fast and/or heavy traffic. STREET,COLLECTOR:A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets. STREET, CUL-DE-SAC: A street connected to another street at one end only and provided with a turnaround space at its terminus. Page 9 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx STREET,DEAD END: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus. STREET, FRONTAGE: A minor street, parallel to and adjacent to an arterial street, to provide access to abutting properties. STREET,MINOR:A street which has the primary purpose of providing access to abutting properties. STREET,PRIVATE:A right of way which provides access to adjacent properties under separate ownership and which is not dedicated to or officially accepted by a public entity, but not including a driveway as defined in section 11A-13C-2-1 of this chapter. STREET FAIR: Provision of games,eating and drinking facilities, live entertainment,or similar activities not requiring the use of roofed structures for a maximum period of seven (7) days. This classification includes block parties. STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings,mobile homes,walls, fences and billboards. SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter. The subdivider need not be the owner of the property; however,he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner. SUBDIVISION: The result of an act of dividing any lot,tract or parcel of land into two (2)or more parts for the purpose of transfer of ownership or development,which may also include the dedication of a public street. Subdivisions shall be divided into "minor subdivision" and"major subdivision", as those terms are defined in this chapter.However,this chapter shall not apply to any of the following: 1. An adjustment of lot lines as shown on a recorded plat which does not reduce the area,frontage,width, depth or building setback lines of each building site below the minimum zoning requirements, and does not increase the original number of lots in any block of the recordedplat; 2. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; 3. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code; 4. Widening of existing streets to conform to the comprehensive plan; 5. Acquisition of street rights of way by a public agency in conformance with the comprehensive plan; and 6. The exchange of land for the purpose of straightening property boundaries which does not result in the change of present land usage. SUBDIVISION, MAJOR: Any subdivision not able to qualify as a minor subdivision, including, but not limited to,subdivision of two(2)or more lots,or any size subdivision requiring any new street or extension of the local government facilities,or the creation of any public improvements. SUBDIVISION, MINOR: Any subdivision containing not more than ten(10) lots fronting on an existing street; not involving any new street or road,or the extension of municipal facilities, or the creation of any public improvements; and not adversely affecting the remainder of the parcel or adjoining property; and not in conflict with any provision or portion of the applicable PUMP,official map,or this chapter. SUPER PAD/LARGE LOT: One or more lots, each at least two (2) acres in size, identified as super pad(s)/large lot(s) on a plat for grading and/or further development. Such super pad(s)/large lot(s) will be Page 10 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title t IA Amendments.docx graded and will have adequate roads and utilities stubbed to such lots in preparation for replatting. Such super pad(s)/large lot(s) are not considered buildable lots until replatted as provided in article B of this chapter. SURETY: An amount of money or other negotiable security paid by the developer or his agent to the city clerk,which guarantees that the developer will perform all actions required by the governing body regarding an approved plat,and provides that if the developer defaults and fails to comply with the provisions of an approved plat, the developer or his agent will pay damages up to the limit of the surety, or the financial instrument will itself complete the requirements of the approved plat. SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying. UTILITIES: Installations for conducting water,sewage,gas,electricity,television, stormwater and similar facilities providing service to and used by the public. VALNOVA:A six thousand plus(6,000+)acre planned community located in the North Eagle Foothills in the city of Eagle, Idaho, which will contain a mix of residential, commercial, employment, institutional, civic,service,recreational,and open space uses and which is subject to the PADA. VARIANCE: A modification of the requirements of this chapter as to lot size, lot coverage,width, depth, front yard, side yard, rear yard, setbacks, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots,or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and the variance is not in conflict with the public interest. VICINITY MAP:A small scale map showing the location of a tract of land in relation to a larger area. WIRELESS COMMUNICATION FACILITY:Any unstaffed facility that transmits and/or receives signals YARD:A required open space,other than a court,unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. FRONT YARD:A yard extending between the side lot lines across the front of a lot and from the front lot line to the front of the principal building. INTERIOR SIDE YARD:A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. REAR YARD: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. STREET SIDE YARD: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. ZONING PERMIT: A document issued by the administrator authorizing the uses of land and structures, and the characteristics of the uses. Page 11 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx L7 au 0« , k / 2 2 2 \ / I ! 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P+ V) V1 E-� V 0 Section 3: That Title 11A, Chapter 2, Section 4, Table 2.5, be and is hereby amended to read as follows with underline text to be added: Table 2.5 Open Space District Development Standards Open Space Uses District Development Standards COS(Community Open Space) For specific land use standards for uses proposed within the Community Open Space (COS) or Regional Open Space District ROS(Regional Open Space) (ROS),refer to the specific land use as defined within 11A-4-4. Section 4: That Title 11A,Chapter 3, Section 6,Item B be and is hereby amended to read as follows with underline text to be added: 11A-3-6(B): 3. Fences: a. Vinyl: Integral color required; b. Block(with columns); c. Brick(with columns); d. Wrought iron; e. Fences: a. Vinyl: Integral color required; b. Block(with columns); c. Brick(with columns); d. Wrought iron; e f. Dog ear cedar, fir,chain link,barbwire,razor wire and similar high maintenance and/or unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted for use on sports courts, school sites or at public utility sites, such as water tanks, when not located within general view corridors. Page 19 of 47 K:\Nanning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx Section 5:That Title 11 A,Chapter 4,Section 4,be and is hereby amended to read as follows with underline text to be added and strike-through text to be deleted: 11A-4-4: B. Agriculture: 2. Structures, unless otherwise noted above, requiring a building permit that are associated with any agricultural use located within the Community Open Space (COS) or Regional Open Space (ROS) districts shall adhere to the required land use standards,as follows: Minimum Setbacks Minimum Lot Maximum Height Area Interior Street Front: Rear: Side: Side: 1.0-acre 50' 30' 20' 30' 35' N. Community Information Centers: 2. Community information centers located within the Community Open Space(COS)district shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Area Maximum Height Front: Rear: Interior Street Side: Side: 17,000-square feet 25' 25' 25' 25' 35' S.Electric Substations: 3. Electric substations located within the Community Open Space (COS) district shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 2.0-acres 25' 25' 25' 25' 75' T. Entertainment Facilities: 2. All entertainment facilities located within the Community Open SpaceiCOS)district shall adhere to the required land use standards,as follows,unless otherwise noted within Article T of this section: Minimum Setbacks Minimum Lot Maximum Height Area Interior Street Front: Rear: Side: Side: 5.0-acres 50' 50' 50' 50' 40' Page 20 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx U.Equestrian Centers: 5. Equestrian center facilities located within the Community Open Space(COS)or Regional Open Space (ROS)districts shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 1.0-acres 50' 30' 30' 50' 35' X.Fire/Police Stations: 2. Fire or police stations located within the Community Open Space (COS) or Regional Open Space (ROS)districts shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 1.0-acre 25' 25' 25' 25' 35' MM. Recreation Fields,Courts,and Other Sports Facilities: 2. Any structure requiring a building permit associated with recreational fields, courts, and other sports facilities located within the Community Open Space (COS) or Regional Open Space (ROS) districts shall adhere to the required land use standards as follows: Minimum Lot Minimum Setbacks Area Maximum Height Front: Rear: Interior Street Side: Side: 5.0-acres 20' 20' 20' 20' 35' JJ. Outdoor Storage: 9. Outdoor storage is an accessory use within the Community Open Space(COS)and Regional Open Space(ROSjdistricts,pursuant to 11-2-3: Land Use Standards. The setbacks and general lot development regulations of any outdoor storage shall adhere to the requirements of the primary use to which it is accessory to. Page 21 of 47 K:V'lanning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx DD. Libraries: 2. A library located within the Community Open Space (COS) or Regional Open Space (ROS) districts shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 2.0-acres 15' 25' 15' 20' 35' KK.Plant Nurseries/Sod Farms,Retail and Wholesale: 7. Plant nurseries for the express purpose of growing plant materials for use in Spring\T lley Valnova or for the city shall be allowed on any parcel as a temporary use. (See temporary construction offices/yards.) 8. Any structure requiring a building permit associated with wholesale nurseries located within the Community Open Space (COS) or Regional Open Space (ROS) districts shall adhere to the required land use standards for any structure(s),as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 5.0-acres 30' 30' 30' 30' 35' QQ.Resorts: 3. Resorts shall be designed and developed to fit into the unique and special environs of 7 Valnova. 4. A resort located within the Community Open Space(COS)district shall adhere to the required land use standards for any structure(s),as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 5.0-acres 50' 30' 20' 30' 35' Page 22 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924:Title 11A Amendments.docx W. Satellite and Microwave Dishes: 2. Satellite and microwave dishes located within the Community Open Space (COS) or Regional Open Space(ROS)districts shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Area Maximum Height Front: Rear: Interior Street Side: Side: 1.0-acre 30' 30' 30' 30' 35' VV. Shooting Ranges/Gun Clubs: 1. The applicant or owner shall obtain written approval from the federal bureau of alcohol,tobacco, and firearms(ATF)when either the repair or sale of firearms or ammunition are proposed to be conducted on site. ZZ.Vocational/Trade Schools: 2. Vocational/trade schools located within the Regional Open Space(ROS)district shall be limited to agriculture or related schools and facilities. 3. Vocational/trade schools located within the Regional Open Space (ROS) district shall adhere to the required land use standards,as follows: Minimum Setbacks Minimum Lot Area Maximum Height Front: Rear: Interior Street Side: Side: 10.0-acres 30' 30' 30' 30' 35' BBB.Wastewater Treatment Facilities: 2. Any structures associated with wastewater treatment facilities located within the Community Open Space(COS)or Regional Open Space(ROS)districts shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 10.0-acres 30' 30' 30' 30' 35' Page 23 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title 11A Amendments.docx CCC.Water Storage Facilities: 2. Any structures associated with water storage facilities located within the Community Open Space(COS) or Regional Open Space(ROS)districts shall adhere to the required land use standards,as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 11.000-square feet 30' 30' 30' 30' 35' EEE.Wineries: 2. Wineries located within the Community Open Space (COS) or Regional Open Space (ROS) districts shall adhere to the required land use standards,as follows: Minimum Setbacks Minimum Lot Area Maximum Height Front: Rear: Interior Street Side: Side: 1.0-acre 25' 25' 25' 25' 35' FFF: Personal Wireless Communication Facilities: Personal wireless facilities, spires, poles, antennas, steeples,towers,and other such structures.Wireless communication facilities and towers shall comply with the following: camouflaged a ealed, net—readily—identifiable as such, designed to be aesthetically compatible with the site: all r sidential antennas located a exist:n,.light standards and p e,.line ert device. 2 ollocationRequirements a. A propesel for a tower mounted personal wifeless facility in excess of thirty five feet (35') in (1) A two(2)mile radius for towers a height ever one hundred ten feet(110'). (2) A one mileFadius for towers with a height-ever eighty feet(-80)-hut net mere than one hundred ten feet(110'). (3) A one half(1 • A onefourth ( ) ( 4)mile mdiva for towers with a height over thirty five feet(35')but not more than fifty feet(50'). Page 24 of 47 K:\Planning Dept\Eagle Applications\Spring Valley Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx b. It shall be the burden of the-applicant to-demonstrate that the proposed tower or antenna cannot within the required s arch radius due to one or more of the following reasons: (1) Unwillingness-of anothe cr or facility owner to-entertain shared use. (2) The proposed collocation of-an existing tower er facility would be in violation of any local, state or federal law. (3) The planned-equipment we -exeeed the structuralcapacity of the existing or approved tower er buildi.g,as documented by a guali fed and licensed professional engineer, and the existing or approved ed to accommodate planned or equivalent equipment at a reasonable cost. (I) The planned-equipment would cause interTerenec materially impacting the usability of other professionalptefessional-engineet-and-the-intefference cannot be prevented at a r asonable cost. professional engineer. (6) Other u„f reseen _e sons that make it unf asiblc to locate the planned telecommunications equipment upon an existing or approved tower or building as documented by a qualified and licensed c. Any proposed commercial wireless- telecommunication service tower shall be designed, structurally, and in all respects,to accommodate both the applicant's antennas and comparable antennas for at 1 ast two-(2)-additional users if the tower is ever one hundred ten feet (110')in height, for at least one additional user if the tower is-ever fifty feet(50')in height. d. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. e. Personal wireless facilities-proposed at a location which has an (approved after the effective date hereof) for an existing facility which was required to allow collocation shall not be required to obtain a separate conditional use permit as long as all the requirements of the permit,will be required for any such proposal. 3. Tower And Antenna Design Requirements: construction. b. Personal wireless fac-4lity towers shall be of a monopole design unless the city council determines that an alternative design would better blend into-the surrounding environment. c. With the exception-of necessary electric and telephone service and connection lines approved by the issuing authority, no part of any antenna or tower nor any lines,cable, equipment or wires or braces in connection with either shall at any time extend across er over any part of the right of way, public street, highway,sidewalk,or property line. d. Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.The climbing pegs within the bottom twenty feet(20')-ef the tower shall be removed and shall only be used when the tower is being serviced. Page 25 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx e. Metal towers shall be constructed-of, or ated with, corrosive resistant material. f. Wood poles shall be impregnated with rot resistant substances. 4. Tower Setbacks: andaftd-highway-mixed-use-land-liSe-districts,where towers may encroach into the rear setback ar a,provided encroach upon any casements. b. The base of the personal wireless facility shall be set back a distance of two(2) times the height of the tower from the property line of any residential dwelling. c. If the tower does not exceed the height limitations of the land use district in which it is located, the-tower-shall-meet-the-setback requirement of the land use district except as-al-lowed in subsection FFF4a of this section. If the tower exceeds the height limit of the land use district in which it is located,the tower shall be set back one foot(1')for every ten feet(1-0')in total tower height. In-either case,the tower shall be ~structed to the telecommuni t' a stry association/electronic industries association(TIA/EIA)222 hereinafter may be amended.Otherwise,the tower shall be located a minimum of one foot(1')for each foot buildings,a_o ermitted in the f ll zone except as may be specifically permitted by the city council through a conditional use process. d. Towers shall be set back from all-existing public right of way lines-Ear planned right of way lines including-all-antennas-and-attachments, e. Towers shall not be located between a principal structure and a public street. f. A tower's setback may be reduced-or its location in relation to a public street varied, at the sole as a church steeple light st....,J.,r 1' rt d milar strut„ro g. If this requirement conflicts with ether setback requirements of this code the setback with the greater distance shall prevail,except as-may be allowed in subsection FFF4f of this section. 5. Tower Lighting, Signage,And Attachments: a. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any statienaff lights, strobe lights, reflectors, flashers, or ether-illuminating device, except as-specifically-required-by-the-federal-aviation z administration, federal communications commission, or other federal or state authority. b. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields,parking lots,or similar areas may be attached to-the tower if approved by the city. c. The use of any portion of a tower for signs,other than w ent inf rmatieb ns prohibited. c. No tower shall have constructed-thereen, or attached thereto, in any way, any platform, catwalk, crow's nest,or like structure, except during periods-of construction or repair. Page 26 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendmenti2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx 6. Amateur Radio Antennas: a. In accordance with the federal communications commission's preemptive ruling PRB 1, towers t provided that a determination is made by the city that the proposed-tower height is technically necessary to successfully-engage4nnmateur-fadio-communications.A conditional use permit is required for any amateur radio antenna in excess of thirty five feet(35'). 7. Accessory Utility Buildings: a. All utility buildings and structures accessory to a tower are required to have design review approved by the city prior to construction. 8. Abandoned Or Unused Towers Or Portions Of Towers: a. As a condition of approval of any required conditional o mit f r pe ^l reless facilities days of cessation of use as a personal wireless facility unless-a time extension is granted by the city.A copy of the relevant portions-ef a signed lease,which requires-the applicant to remove the tower and associated facilities upon cessation of the use as a personal wireless facility, shall be submitted at the time of application.In the event that the t„we_and associated facilities arc not removed within the sixty(60)days, the property. 9. Additional Application Submittal Requirements: a. In addition to the information required elsewhere in this title, development applications for personal wireless facilities, shall include the following supplemental information: facility will be dance with the FCC standards regarding radio frequency(RF)emissions. (2) A report from-a qualified and licensed professional-engineer which-describes the tower height and design (including a cress section and elevation); documents the height above grade for all potential mounting positions for collocated antennas-and the minimum separation distances between antennas; documents what steps the applicant will take to avoid interference with established public safety necessary to evaluate the request. (3) For all personal wireless facilities,a letter of intent committing-the-tower-owner-and-his-of-her successors to allow the shared use of the tower, as required by this code, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (4) Documentation showing that the proposed tower compliesith ulations administered by federal-aviation-administration, (5) Written approval of the site location with specific reference to the height of the antenna structurest-Rtet-ur-e-and-alVflighting-issues7from-the-fedefal aviation administration,the chief of the Idaho bureau of aeronautics, and the Boise airport commission and an aviation-easement approved by the Boise airport commission. (6) Propagation charts showing existing and n e t. a at the sub ect site a d location. Page 27 of 47 KAPlanning Dept\Eagle Applications\Spring ValleyApplications\Zoning Ordinance Amendmene,2024\ZOA-2024-01\ORD 924-Title l IA Amendments.docx immediate area. For the purposes of this subsection, the analysis shall include all properties within the search radii stated above. The-analysis shall include,but is not limited to, the following: (A) Description of the surrounding . a, including topography; (B) Natural and manmade impediments that would obstruct adequate cellular telephone transmissions; (C) Physical site constraints that would preclude construction of a ec11u-lar telephone facility on any other site; (D) Technical limitations-of the system that-limit siting options. 10. Permits: a. It shall be unlawful for any person to erect, construct, reerect, er replace, any tower without r;rst making a plication t,.the cit..a„d b ild' rmit test purposes, for emergency communication, er -for broadcast remote pick up operations. Temporary city council. T., .,dditi;n t„the findings a c. -__�o �__��r��and conditions permitted for conditional use permits,as stated within sectior 1 A 8 ^ fth' t't' tl ity council shall make an additional finding concerning the duration of the conditional use permit. Upon finding that the conditional use permit is to be limited in duration, a condition-limiting-the-duration-and-the-basis for such a condition shall be included within the findings of fact and , cl„sions of la...f th dit' l t 11. Additional Requirements For Notice Of Public Hearing: a. All personal wireless facilities-requiring use permit amply with the conditional nse-notice-r-equirements-within-this-cede,-Tower-mounted-personal-wireless-faeilities-shall-eempbf with-the additional t (1) All property owners within one thousand feet(1,000')-ef all property lines of the site(or lease boundary line 'f plicable) shall b t'r a f tb ublic hearing by the city, by mail, a minimum of of the property owners to the city. (2) Any-required public notice signs, to-be located-en a proposed site,sal be required to comply with the r eguire e,ts f rpost ng of a rezone/subdivision(minimum size of sign face to be 1 feet wide by I feet high). 12. Restricted Areas: a. Telecommunications towers in-excess of thirty five feet (35') in height shall not be permitted with, the W ll, r 1 n ,4 a 1. Purpose: a. To accommodate the communication needs of residents and businesses while protectingthe public health, safety, and general welfare of the community, the council finds that regulations regarding personal wireless facilities, spires, poles, antennas, steeples, towers, and other such structures are necessary in order to: Page 28 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title l IA Amendments.docx (1) Facilitate the provision of wireless telecommunication services to the residents and businesses of the city; (2) Minimize adverse visual effects of spires, poles, antennas, steeples, towers, and other such structures through careful design and sitting standards; (3) Avoid potential damage to adjacent properties from spire, pole, antenna, steeple, tower, and other such structures'failure,through structural standards and setback requirements;and (4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community, like church steeples, windmills, bell towers, clock towers, cupolas, light standards,flagpoles,or trees. 2. Towers and Personal Wireless Facilities In Zoning Districts: a. Village Center: Personal wireless facilities shall be camouflaged or concealed, not readily identifiable as such,designed to be aesthetically compatible with existing and proposed uses on the site in the village center district. b. Mixed Use Districts: Personal wireless facilities shall be camouflaged or concealed, not readily identifiable as such,designed to be aesthetically compatible with existing and proposed uses on the site in the mixed use district. c. Residential Districts: (1) On residentially zoned parcels,towers supporting amateur radio antennas shall not be permitted in the front, side or street side yard. (2) Personal wireless facilities shall be camouflaged or concealed,not readily identifiable as such, designed to be aesthetically compatible with existing and proposed uses on the site in all residential(R)districts. d. Open Space Districts: (1) Personal wireless facilities may be permitted to be attached to city-owned infrastructure/buildings, existing light standards and power line support devices (or replacement equivalent of same height)provided, however, the antenna(s) are either flush mounted or mounted in a manner that provides minimum visual impact.Notwithstanding the foregoing, all provisions of this subsection S shall be applicable to wireless antennas located on city-owned infrastructure/buildings, existing light standards and power line support devices. (2) Personal wireless facilities shall be camouflaged or concealed,not readily identifiable as such, designed to be aesthetically compatible with existing and proposed uses on the site in the public/semipublic district unless installed in accordance with subsection S2d(1) of this section. 3. Collocation Requirements: a. A proposal for a new tower mounted personal wireless facility in excess of thirty five feet(35')in height shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the following radii of the proposed tower: (1) A two(2)mile radius for towers with a height over one hundred ten feet(110'). Page 29 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title l IA Amendments.docx (2) A one mile radius for towers with a height over eighty feet(80')but not more than one hundred ten feet(110'). (3) A one-half(1/2) mile radius for towers with a height over fifty feet (50') but not more than eighty feet(80'). (4) A one-fourth(1/4)mile radius for towers with a height over thirty-five feet(35')but not more than fifty feet(50'). b. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an approved tower or building within the required search radius due to one or more of the following reasons: (1) Unwillingness of another tower or facility owner to entertain shared use. (2) The proposed collocation of an existing tower or facility would be in violation of any local, state or federal law. (3) The planned equipment would exceed the structural capacity of the existing or approved tower or building,as documented by a qualified and licensed professional engineer,and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (4) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. (5) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. (6) Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building as documented by a qualified and licensed professional engineer, or other professional qualified to provide necessary documentation. a. Any proposed commercial wireless telecommunication service tower shall be designed. structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two(2) additional users if the tower is over one hundred ten feet (110')in height,for at least one additional user if the tower is over fifty feet(50')in height. b. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. c. Personal wireless facilities proposed at a location which has an approved conditional use permit (approved after the effective date hereof) for an existing facility which was required to allow collocation shall not be required to obtain a separate conditional use permit as long as all the requirements of the previously approved conditional use permit will be complied with. Design review,and subsequent building permit,will be required for any such proposal. 4. Tower And Antenna Design Requirements: a. All personal wireless facilities shall be required to obtain design review approval prior to construction. b. Personal wireless facility towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment. Page 30 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title 11A Amendments.docx c. With the exception of necessary electric and telephone service and connection lines approved by the issuing authority, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street,highway,sidewalk,or property line. d. Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. The climbing pegs within the bottom twenty feet(20')of the tower shall be removed and shall only be used when the tower is being serviced. e. Metal towers shall be constructed of,or treated with,corrosive resistant material. f. Wood poles shall be impregnated with rot resistant substances. 5. Tower Setbacks: a. Towers shall meet the setbacks of the underlying zoning district except for within the Community Open Space(COS)or Regional Open Space(ROS)districts where he required land use standards, based on height and facility typology,shall be as follows unless otherwise specified in b-g below: Minimum Setbacks Facility Type Minimum Lot Area Maximum Height Interior Front: Rear: Side: Street Side: Enclosed Building Refer to the land use district standards for the primary use on site pursuant to Eagle City Code Height:35'or less Section 11A-2-3 Enclosed Building Refer to the land use district standards for the primary use on site pursuant to Eagle City Code Height:Over 35' Section 11A-2-3 Height:35'or less 0.5-acre 40' 40' 40' 40' 35'or less Height:36'-50' 1.0-acres 60' 60' 60' 60' 36'-50' Height Over 50' 2.0-acres 75' 75' 75' 75' 50'+ b. The base of the personal wireless facility shall be set back a minimum distance of two(2)times the height of the tower from the property line of any residential dwelling. c. If the tower does not exceed the height limitations of the zone in which it is located,the tower shall meet the setback requirement of the zone except as allowed in subsection S5a of this section. If the tower exceeds the height limit of the zone in which it is located, the tower shall be set back one foot(1') for every ten feet(10')in total tower height. In either case,the tower shall be constructed to the telecommunications industry association/electronic industries association (TIA/EIA) 222 revision F standard entitled "Structural Standards For Steel Antenna Supporting Structures" or as hereinafter may be amended. Otherwise,the tower shall be located a minimum of one foot(1')for each foot of height from all property lines (the fall zone). No storage or structures other than the accessory utility buildings, are permitted in the fall zone, except as may be specifically permitted by the city council through a conditional use process. d. Towers shall be set back from all existing public right of way lines (or planned right of way lines if additional is to be acquired in the future)by a minimum distance equal to twice the height of the tower including all antennas and attachments. e. Towers shall not be located between a principal structure and a public street. Page 31 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-0 I\ORD 924-Title l IA Amendments.docx f. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard,power line support device, water tank/tower, or similar structure. g_ If any tower setback requirement conflicts with other setback requirements of this code the setback with the greater distance shall prevail,except as may be allowed in subsection S5f of this section. 6. Tower Lighting, Signage,And Attachments: a. No antenna or tower shall have affixed or attached to it in any way,except during time of repair or installation, any stationary lights, strobe lights, reflectors, flashers, or other illuminating device, except as specifically required by the federal aviation administration, federal communications commission,or other federal or state authority. b. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields,parking lots,or similar areas may be attached to the tower if approved by the city. c. The use of any portion of a tower for signs,other than warning or equipment information signs,is prohibited. d. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest,or like structure,except during periods of construction or repair. 7. Amateur Radio Antennas: a. In accordance with the federal communications commission's preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed thirty feet(30') in height provided that a determination is made by the city that the proposed tower height is technically necessary to successfully engage in amateur radio communications.A conditional use permit is required for any amateur radio antenna in excess of thirty five feet(35'). 8. Accessory Utility Buildings: a. All utility buildings and structures accessory to a tower are required to have design review approved by the city prior to construction. 9. Abandoned Or Unused Towers Or Portions Of Towers: a. As a condition of approval of any required conditional use permit for personal wireless facilities, all abandoned or unused towers and associated facilities shall be required to be removed within sixty(60)days of cessation of use as a personal wireless facility unless a time extension is granted by the city.A copy of the relevant portions of a signed lease,which requires the applicant to remove the tower and associated facilities upon cessation of the use as a personal wireless facility,shall be submitted at the time of application. In the event that the tower and associated facilities are not removed within the sixty(60)days,the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. 10. Additional Application Submittal Requirements: a. In addition to the information required elsewhere in this code, development applications for personal wireless facilities, shall include the following supplemental information: (1) Documentation from a qualified and licensed professional engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. (2) A report from a qualified and licensed professional engineer which describes the tower height and design(including a cross section and elevation);documents the height above grade for all Page 32 of 47 K:\Planning Dept\Eagle Applications\Spring Valley Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx potential mounting positions for collocated antennas and the minimum separation distances between antennas; describes the tower's capacity,including the number and type of antennas that it can accommodate; documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number;and includes other information necessary to evaluate the request. (3) For all personal wireless facilities,a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower, as required by this code,if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (4) Documentation showing that the proposed tower complies with regulations administered by federal aviation administration. (5) Written approval of the site location with specific reference to the height of the antenna structure and any lighting issues, from the federal aviation administration, the chief of the Idaho bureau of aeronautics, and the Boise airport commission and an aviation easement approved by the Boise airport commission. (6) Propagation charts showing existing_and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. (7) A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. For the purposes of this subsection, the analysis shall include all properties within the search radii stated above. The analysis shall include, but is not limited to, the following: (A) Description of the surrounding area,including topography; (B) Natural and manmade impediments that would obstruct adequate cellular telephone transmissions; (C) Physical site constraints that would preclude construction of a cellular telephone facility on any other site; (D) Technical limitations of the system that limit siting options. 11. Permits: a. It shall be unlawful for any person to erect, construct,re-erect,or replace, any tower without first making application to the city and securing a building/zoning permit. b. A building/zoning permit shall not be required for antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick lip operations. Temporary antennas shall be permitted for a maximum of seventy two (72) hours unless specifically approved by the city council. c. In addition to the findings required and conditions permitted for conditional use permits,as stated within section 11A-8-4 of this title, the city council shall make an additional finding concerning the duration of the conditional use permit. Upon finding that the conditional use permit is to be limited in duration, a condition limiting the duration and the basis for such a condition shall be included within the findings of fact and conclusions of law for the conditional use permit. Page 33 of 47 K:\Plaming Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx 12. Additional Requirements For Notice Of Public Hearing: a. All personal wireless facilities requiring a conditional use permit shall comply with the conditional use notice requirements within this code. Tower mounted personal wireless facilities shall comply with the following additional requirements: a) All property owners within one thousand feet(1,000')of all property lines of the site(or lease boundary lines, if applicable) shall be notified of the public hearing by the city, by mail, a minimum of fifteen (15) days before the scheduled public hearing. The applicant will be required to provide the names of the property owners to the city. 13. Restricted Areas: a. Telecommunications towers in excess of thirty-five feet (35') in height shall not be permitted within the Willow Creek Road corridor. JJJ. Clubs or Lodges,Public or Private: 1. Clubs or lodges (public or private) located within the Community Open Space (COS) district, the required land use standards for any structure are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 2.0-acres 30' 30' 30' 30' 35' KKK. Community Association Buildings and Facilities: 1. For any community association buildings and facilities located within the Community Open Space (COS)district,the required land use standards for any structure are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 0.5-acres 25' 25' 25' 25' 35' LLL. Community Gardens: 1. For any structure requiring a building permit associated community gardens located within the Community Open Space (COS) or Regional Open Space (ROS) districts, the required land use standards for any structure(s)are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 11,000-square feet 15' 15' 15' 15' 35' Page 34 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title 11A Amendments.docx MMM.Farm: 1. For any property designated as a farm located within the Community Open Space(COST or Regional Open Space (ROS) districts, the required land use standards for any structure(s) requiring a building permit are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 1.0-acre 30' 30' 30' 30' 35' NNN.Fiberoptic Internet Hut: 1. When fiberoptic internet huts are proposed to be located within a building whose primary use is something other than a fiberoptic internet hut(i.e. a community center building, library,museum,etc.) then a fiberoptic internet hut shall be a permitted use in all land use districts and the required land use standards shall comply with the standards of the primary use within that district. 2. When fiberoptic internet huts are proposed as a standalone building or a building in which the primary function is to house the fiberoptic internet equipment,then the fiberoptic internet hut shall require the approval of a conditional use permit. 3. For any fiber optic huts that require a conditional use permit and are located within the Community Open Space (COS) or Regional Open Space (ROS) districts, the required land use standards for any structure(s)are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 0.50-acre 20' 20' 20' 20' 15' 000. Government Buildings/Offices: 1. For any government buildings/offices located within the Community Open Space(COS)or Regional Open Space(ROS)districts,the required land use standards for any structurejs)are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 0.50-acre 20' 25' 20' 20' 35' Page 35 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx PPP.Heliports: 1. For any property designated as a heliport located within the Community Open Space (COS) districts the required land use standards for any structure(s) are as follows, unless Federal Aviation Administration(FAA)or other requirements are more restrictive: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 5.0-acres 50' 50' 50' 50' 35' QQQ.Live Entertainment Events: 1. For any properties designated for live entertainment events located within the Community Open Space (COS)or Regional Open Space(ROS)districts,the required land use standards for any structure(s)are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 5.0-acres 40' 30' 30' 30' 35' RRR. Public Service Facility: 1. For any public service facility, except for electric substations(refer to Item S. of this section), located within the Community Open Space(COS) or Regional Open Space(ROS)districts, the required land use standards for any structure are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 0.50-acre 15' 15' 15' 15' 35' SSS.Maintenance Facilities Related to Open Space Uses: 1. Maintenance facilities related to open space uses are an accessory use within the Community Open Space (COS) and Regional Open Space (ROS) land use districts, pursuant to 11A-2-3: Land Use Standards. The setbacks and general lot development regulations of any maintenance facilities related to open space uses shall adhere to the requirements of the primary use to which it is accessory to. TTT. Outdoor storage is an accessory use within the Community Open Space (COS) and Regional Open Space(ROS)districts,pursuant to 11A-2-3: Land Use Standards. Page 36 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx UUU.Museums: 1. For any museum located within the Community Open Space (COS) or Regional Open Space (ROS) districts,the required land use standards for any structure(s)are as follows: Minimum Lot Minimum Setbacks Maximum Heieht Area Interior Street Front: Rear: Side: Side: 2.0-acres 15' 25' 20' 20' 35' VVV. Pump Stations: 1. For any pump station located within the Community Open Space (COS)) or Regional Open Space (ROS)districts,the required land use standards for any structure are as follows: Minimum Lot Minimum Setbacks Maximum Heieht Area Interior Street Front: Rear: Side: Side: 11,000-square feet 25' 25' 25' 25' 25' WWW. Recreation/Community Centers: 1. For any recreation or community center located within the Community Open Space(COS)or Regional Open Space(ROS)districts,the required land use standards for any structure(s)are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 0.50-acre 15' 25' 25' 25' 35' XXX.Vineyards: 1. For any property designated as a vineyard located within the Community Open Space (COS) or Regional Open Space(ROS)districts,the required land use standards for any structure(s)that require a building permit are as follows: Minimum Lot Minimum Setbacks Maximum Height Area Interior Street Front: Rear: Side: Side: 1.0-acre 25' 25' 25' 25' 35' Page 37 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-0i\ORD 924-Title l IA Amendments.docx Section 6:That Title 11A,Chapter 7,Section 1,be and is hereby amended to read as follows with underline text to be added and strike-through text to be deleted: 11A-7-1 PURPOSE,GOALS,AND OBJECTIVES: A. The purpose of the planning unit master plan is to ensure that the land uses and densities prescribed for development are consistent with the PADA and this title prior to subdivision development; B. A planning unit master plan should reflect an area within y Valnova that the planning unit developer is proposing to Vie-develop in the future; Section 7: That Title 11A, Chapter 8, Section 13, be and is hereby amended to read as follows with underline text to be added and strike-through text to be deleted: 11A-8-13 NOTICE REQUIREMENTS: B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting within six(6)months of the application submittal date for annexations,variances,conditional uses, ,and subdivisions.A neighborhood meeting shall not be required for City initiated applications. 1. Meeting Requirements: b. The purpose of the neighborhood meeting is for the applicant to provide project information to the property owners of record. (1) Meetings shall be on a Saturday between ten o'clock(10:00)A.M.and seven o'clock(7:00) P.M., or on a weekday between six o'clock(6:00)P.M. and eight o'clock(8:00)P.M. and shall be a minimum of one(l1hour in length.The meeting shall not be on a federal holiday, a federal holiday weekend or the day before or after a federal holiday or federal holiday weekend. d. Application materials shall include a written verification of the neighborhood meeting, including a copy of the list of meeting attendees, and a dated copy of notice provided to affected property owners. C. Posted Notice: Except as noted within this subsection,anytime notice is required under subsection D of this section,the land being considered shall be posted in a manner as determined by the zoning administrator,not less than ten(10)days prior to the planning and zoning commission hearing and again not less than ten(10) days prior to the city council hearing. For Spring Valley master plan title amendments consisting of changes to more than ten(10)parcels of land posted notice shall not be required unless all parcels under request for amendment are contiguous and if the parcels abut a public right of way. In such cases a minimum of one four foot by eight foot(4'x 8')plywood sign shall be placed adjacent to the right of way. Otherwise,three(3)notices in the official newspaper or paper of general circulation,with the third notice appearing a minimum of ten(10)days prior to the public hearing, shall be published. The notice shall include a six inch by six inch (6" x 6") minimum size graphic representation showing the proposed Spring Valley master plan land use map or this title map amendments.Posted notice shall not be required for City initiated applications. Except as noted herein,posting of the property must be in substantial compliance with the following requirements: Page 38 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title 11A Amendments.docx 1. Signage Requirements: (a) The sign(s) shall consist of a minimum of four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) four inch by four (4,, x 4°') posts in such a manner that it is perpendicular to the roadway along which the sign is posted.and the bottom of the sign is at least three feet(3')above the ground_ 2. Location of Signs: The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it, or as determined by the zoning administrator. The signs shall be located on the property outside of the public right of way,if they can be so located and remain clearly visible from the roadway; otherwise,the consent of the owner of the right of way must be obtained and the sign(s)located therein. consists of more than one parcel -of record, a sign must be located upon ach parcel. The zoning administrator, upon finding that adequate notice will be provided, may not require all signs to comply with the size requirements of subsection El of this section. In the event that the land being considered includes properties with five hundred feet(500')or more of road frontage,a sign shall be placed on each end of the property roadway frontage. If this property includes a corner lot, three (3) signs shall be posted, one on the corner and one on each end of the property roadway frontages. Section 8: That Title 11 A, Chapter 13, Article A, Section 6,be and is hereby amended to read as follows with underline text to be added and strike-through text to be deleted: 11A-13A-6: RULES AND DEFINITIONS: REFER TO 11A-1-5: DEFINITIONS A. Interpretation: Terms or words-used herein shall be interpreted as follows: 1. The present tense inc ineludes-the-singular, 2. The word"shall" is mandatory;the word_"-may" is permissive; and the word"should" is preferred. 3. The masculine shall include the feminine. meanings-aseribed-to-themi ..te,l by them .ith tl,e,. nt of the city mister this titlo ADMINISTRATOR,-FLOOOPLAIN: r n al having lcnowledge in the principles and practices of regulatiefis-ancl-title-1-0-efthe-Eagle-eity-eede, ALLEY: A right of way er common let inclusive of an-casement which provides vehicular access to the parkins. Page 39 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx industrial , be p ,ided herein G14-ANNEL- A-natufal-Of-aftifieiel watercourse of perceptible extent,with definite bed and banks to CITY: The city of Eagle, Idaho. CITY COUNCIL: The city council of Eagle, Idaho. ated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets. COMMISSION. The plan„in and ftl ty nd the common parts of the property, such as the buildings, COUNTY RECORDER: The office of the Ada County recorder. COVENANT: A written promise or pledge. at its terminus. GUL—VERT-+-A-dr-ain-that-ehannels water under a bridge, street,road or driveway. DEAD END STREET: A-street connecting der street at ene end-only and not having provision for vehicular t nd at its tern DEDIGATIOT-he-setting-apart-ef-land-or-interests-in-land-fer-use-hy-the-publie-hy-erdinarteer resolution acceptance by the city. DEVET OPER: A utho rized., ent/ 1 F bd' id th hdi 'd h' l DITCH: An open channel artificially constructed. used-herein, Page 40 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx DRAINAGE CHANNEL: A natural-channel,ditch,pipe or ether conduit for liquid, naturally or such stun dra a to a „tlet p nt retention f c lity ..rtial retentio f c lity ..,...,.......�.........), .".:t...................,emu iu�,-r-aa�-r it is f nnally a pted by a drainage DRAINAGEWAY: A drainage c D-W•ELLING-UNITi-A-prineipal-(net-aeoessetruetur-eThuilding-or-pertien-ther-eef-that-is-used n l^ ht a t Y'"'Y�"""' � , iibx:cuccjuiiecrbj-right lake, other hedy of water FLOOD OF 100 YEAR FREQUENCY: A flood magnitude which has a one percent(1°1)chance of being a ale,1 a eded FLOODPLAIN: T -relatively flat area or lowland adjoining the-channel of a river,stream,lake or other ..ctices of the T I C of engineer^ f llows more than one foot(I'). those portions of the floodpl yhich . ill h d t ,1 h fl ,1 f 100 r f eguency FRONTAGE STREET:-A miner street,parallel te-and agent to an-arterial street,to provide access to abutting properties. GOVERNING BODY: The city council-ef the city of Eagle, Idaho. GRADING GUIDELINES-AND HILLSIDE DEVELOPMENT STANDARDS: Those certain grading , Page 41 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance AmendmentQ024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx Spring alley. (10%)or more. LOOP: A minor street in which both terminal points arc on the same street of origin. use,coverage and area,and created by subdivision for sale,transfer,or lease,and to provide such yarth 1. A single lot of record; 2. A portion of a lot of record; and , way of record. LOT TYPES: As used in these regulations, let types arc as follows: 1. Corner Lot: A lot located at the intersections-of two(2)or more streets. 2. Interior Lot: A lot ether than a corner let with frontage on-only one street ether than a corner lot. 3. Through Lot: A lot with frontage on more than one street other than a come_lot .,tension of the 1,.ca g nt 4'ac l:ties r♦he.. eati,n o f.,w,..public enter MASTER DEVELOPER: The M3 Companies LLC,an Arizona limited liability company,and all itJ successors in title and interest. to identify any tract,parcel,let er street lines,as specified in-chapter 50 1303,Idaho Code. Page 42 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications,Zoning Ordinance Amendment 2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx OPEN SPACE: Land which is set , natural and may include: 1)-publie-and private parks, sports fields,and trails;-2)-golf courses; 3) o t to deed restriction. Open space may be publicly or ent(20%)of Spring Valley or one thousand two hundred three(1,203) 0 total efthe„la„„i„g e �..,.,..a grvw csv e , • structures` t• t tivities including picnic-areas,community garden,golf courses or sports eaurts,chit dr-e„'s „lay area,dog„lay area,and pathways,excluding passive open space areas. Landscape buffer areas„ot required„ursua„t t I i= of this title may be considered,in part,as active open • , , +3-g;.}+y+ raf this title(includi„g the sidewalk withi„tl,e buF4r-a ea), „atural a e a November 15, 1983. • • , , , .itable „ the l a„d to be bdi 'a a PARTIAL RETENTION OR DETENTION FACILITY: A eked basin-er underground storage , PERFORMANCE BOND: An amount of money er ether negotiable security paid by the subdivider or his ; 2. Final Plat: The final and formal presentation by drawings of , the original a„d fwh h fit a •th tt ti t t a a ...., ., .b.....,..aa...,aa„.,�t,`�'.,. ...�..,..,�aa..,�.._�_, �a�zoa.==�`�� v�uea. Page 43 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment,2024\ZOA-2024-01\ORD 924-Title 1 IA Amendments.docx PREANNEXATION-AND D£ EbOPMENT AGREEMENT(PADA): That certain prcaanexation and developmente" nt,bet. t" ity of Eagle and M3 Companies LLC,recorded December 27, 200 dea fe ff time to tim, modified-surfaces, driveway as defined in section 1 IA 13C 2 1-ef this chapter. RETENTION FACILITY: A constructed-basic-er constructed underground storage vessel built to retain all of the storm drainage-itzwcry es-until it is absorbed into+the soil strata. SFSL DRIVE AISLE: ^ ght of way common lot inclusive of an casement specific to the SFSL k (G)and its exhibits(Exhibits 2.2 through 2.8). SPRING VALLEY: A s-i-x thousand plus-acre pled-comity located in the North Eagle , by the city. STATE: The state of Idaho. STORAGE VESSEL: An earthen basin-or tank or vault structure employed to store liqui Ea.-the basins media. STORM DRAINAGE: The water running off the surfaces of a site as a result of precipitation on the site (inclµ.iin ti '1 1t. ate d It ♦ i ....b::iiv,uai:riicrcvnTcctzsrm�rnrw-zxxcrmuccrr n n Page 44 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx SUBDIVISION: The result of an act-f dividing any let,tract or parcel of land into two(2)or more parts , does not: e the .,l . mber of lots i block,.f the ,,..de plat; 2. An allocation of land-in-the settlement of an-estate of a-decedent or a court decree for the distribution of property; 3. The unwilling sale of land as a result of legal-condemnation as-defined and allowed in the Idaho Code; 4. Widening of existing streets to conform to-the comprehensive plan; and change of present land usage. SUPER PAD/LARGE LOT: One or mere lets, each at least two-(2)-acres in size, identified as super pad(s)/large lot(s`one plat f r grading and/or further development. Such super pad(s)/large lot(s)will be chapter. surveying. similar-facilities-providing-service-te-and-used-by-the-puhli VARIANCE: A modification-of the requirements-of this-chapter-as-to-let size,lot coverage,width,depth, front yard, side yarn rear-yard, setbacks,or ether ordinanceprevisions-affecting the size or shape of a structure or the placement of the structure upon lot,, or the of lots ^ e shall mot bee sidered because of cha_ eter stics f tb.e site and the variance is not in conflict with the public interest. VICINITY MAP: A small scale-map showing the location-of a tract of land in relation to a larger area. (Ord. 710, 1 14 2014; amd.Ord. 884, 9 27 2022) Section 9: That Title 11A, Chapter 13, Article B, Section 4,be and is hereby amended to read as follows with underline text to be added and strike-through text to be deleted: 1IA-13B-4: Final Plat E: Approval Period: The final plat shall be filed with the county recorder within one two years after the date of written approval by the city council.Otherwise such approval shall become null and void unless the subdivider, prior to said expiration date, applies for an extension of time and such extension is granted by the city council. Page 45 of 47 K:\Planning Dept\Eagle Applications\Spring ValleyApplications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title I IA Amendments.docx Section 10: That Title 11A,Chapter 13,Article C, Section 2,be and is hereby amended to read as follows with underline text to be added and strike-through text to be deleted: 11A-13C-2 STREETS AND ALLEYS: 1: LOCATION AND DESIGN: C. Stub Streets:Where adjoining areas within Valnova have are not yet been subdivided but are planned to be in the future, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cu' de or te„porary cul de sac install a turnaround, either permanent or temporary(with a temporary easement over the turnaround), as approved by the fire district with jurisdiction if the stub street is longer than one hundred fifty feet (150') in length. A reserve street may be required and held in public ownership. Section 11: That Title 11A,Chapter 13,Article D, Section 2,be and is hereby amended to read as follows with underline text to be added and strike-through text to be deleted: 2: GUARANTEE OF IMPROVEMENTS: In lieu of the actual installation of the"required improvements"prior to the city clerk signing the final plat, the city council may permit the subdivider to provide a surety/financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement: A. Cash Deposit, Certified Check, Certificate Of Deposit, Surety Bond, or other method accepted by the City of Eagle Or Irrevocable Bank Letter Of Credit: A cash deposit, certified check, certificate of deposit, surety bond, or an irrevocable bank letter of credit, in the amount equal to one hundred fifty percent(150%) of the estimated construction costs of the "required improvements" contained within the final plat or public right of way shall be provided by the owner/developer and held by the city until said construction is complete. Surety bo„ds shall o„ly be e„ted upen-Nwitte„ a a' of the ity attorney an city cou„cil,Construction cost estimates for the"required improvements"contained within a final plat or public right of way shall be reviewed and approved by the city zoning administrator prior to city acceptance of said surety. The surety initiation and extension fees shall be established by resolution of the city council. In the case of cash deposits or certified checks, the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, to the extent of the cost of the completed portion of the"required improvement",in accordance with a previously entered into agreement. In the case of a certificate of deposit or an irrevocable bank letter of credit, the surety shall be reduced accordingly as construction of the "requirement improvements" subject to such surety is completed. Within thirty (30) days from the city's approval of any such "required improvement", the city shall release such surety,in whole or part,as may be appropriate under the circumstances. Page 46 of 47 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ORD 924-Title 11A Amendments.docx 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 27th day of August 2024. CITY OF EAGLE Ada County,Idaho BRAD PIKE MAYOR ATTE T: •'`•.••• `OF •.,,•, ' • r•''�tPp '• •f :(,- R •-u• • tZ TRACY E.O ORN * %SEAL ,... CITY CLERK �°'.• * v OF iDP0;••••• Page 47 of 47 K:\Planning Dept\Eagle Applications\Spring ValleyApplications\Zoning Ordinance Amendment\2024\ZOA-2024-0I\ORD 924-Title 1 IA Amendments.docx ...,a 1.N....... • + The Beaufort Gazette Durham j The Herald-Sun The Modesto Bee The Belleville News-Democrat Fort Worth Star-Telegrvrr The Sun News-Myrtle Beach Bellingham Herald The Fresno Bee Raleigh News&Observer McClatchySun erald Times The IslandKansas Packet RockHrll l Herald Sun Herald The Citya Star The Soil The Bee Idaho Sta illy Ti r Lexington Herald-Leader San Luis Obispo Tribune Bradenton Herald The Telegraph-Macon Tacoma I The News Tribune The Charlotte Observer Merced Sun-Star Tri-City Herald The State Miami Herald The Wichita Eagle Ledger-Enquirer El Nuevo Herald The Olympian AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 36791 591545 Print Legal Ad-IPL01936020-IPL0193602 S72.12 2 SO L Attention: Kellie Rekow Mary Castro,being duly sworn,deposes and says: CITY OF EAGLE/LEGALS That she is the Principal Clerk of The Idaho CI EAG Statesman,a daily newspaper printed and PO BOX ID12806169102 published at Boise,Ada County,State of Idaho, and having a general circulation therein,and which said newspaper has been continuously and clerks@cityofeagle.org uninterruptedly published in said County during a period of twelve consecutive months prior to the SUMMARY OF ORDINANCE NO.924 first publication of the notice,a copyof which is The following is a summary of Ordinance No.924,adopted by the City Council of the City of Eagle,Ada County,Idaho,on August 27,2024: attached hereto:that said notice was published in AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, The Idaho Statesman,in conformity with Section AMENDING TITLE 11A, CHAPTER 1, SECTION 5, "DEFINITIONS"; CHAPTER 2,SECTION 3, "LAND USE STANDARDS", CHAPTER 2, 60-108,Idaho Code,as amended,for: SECTION 4,TABLE 2.5, "OPEN SPACE DISTRICT DEVELOPMENT STANDARDS"; CHAPTER 3 SECTION 6, SUBSECTION B, ITEM 6, "FENCES", " CHAPTER 4, SECTION 4, ITEM E, "SUPPLEMENTAL GENERAL PROVISIONS"; CHAPTER 4, SECTION 4, "SPECIFIC 1 insertion(s)published on: LAND USE STANDARDS";CHAPTER 7,SECTION 1,SUBSECTION 1, "PURPOSE,GOALS,AND OBJECTIVES";CHAPTER 8,SECTION 13, 09/11/24 "NOTICE REQUIREMENTS";CHAPTER 13,ARTICLE A,SECTION 6, "RULES AND DEFINITIONS";CHAPTER 13,ARTICLE B,SECTION 4, ITEM E,"APPROVAL TIME";CHAPTER 13,ARTICLE C,SECTION 2, SUBSECTION 1,ITEM C,"STUB STREETS";CHAPTER 13,ARTICLE D,SECTION 2,SUBSECTION 2,"GUARANTEE OF IMPROVEMENTS"; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFEC- TIVE 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.924 of the City of Eagle, Ada County,Idaho adopted on August 27,2024,are as follows: arc/ � l 1 •y,/-,�''"f Section 1 through 11:Amends and enacts sections of City Code In Title ✓�7✓� !r V 11A Planned Developments".More specifically,it amends:definitions,land use standards,open space district development standards,fence design specifi- cations,specific land use standards,planning unit master plan specifications, (Legals Clerk) noticing requirements,final plat approval periods,offsite street and alley design standards,financial surety and provisions. Section 12 through 13:Provides that this ordinance shall be in full force and On this 11th day of September in the year of 2024 before effect from and after its passage,approval,and publication,according to law; me,a NotaryPublic,personallyappeared before me provides for severability;repeals conflicting ordinances,resolutions,and orders. pP The full text of Ordinance No.924 is available at City Hall,on the City website, Mary Castro known or identified to me to be the person and will be provided to any citizen upon personal request during normal office hours. whose name subscribed to the within instrument,and Provides an effective date and for publication by summary. being by first duly sworn,declared that the statements Brad Pike,Mayor Attest:Tracy E.Osborn,City Clerk therein are true,and acknowledged to me that she CERTIFICATION OF ATTORNEY executed the same. 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.924 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 9 day of September 2024. Victor Villegas Borton-Lakey Law&Policy City Attorney,City of EagleIP J Sep11 602 S .,j F t'Y' r'{" Sep 11 2024 Notary Public in and for the state of Texas,residing in RECEIVED& FIL.ED Dallas County CITY OF EAGLE STEP ANIE=HATCHER St? 1 1 2024 hey Notary 11)#133534406 Fiie: "j:; A' Expires January 14,2026 Route to --�'' - '71 „ Extra charge for lost or duplicate affidavits. Legal document please do not destroy) SUMMARY OF ORDINANCE NO.924 The following is a summary of Ordinance No. 924, adopted by the City Council of the City of Eagle,Ada County, Idaho, on August 27, 2024: AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 11A, CHAPTER 1, SECTION 5, "DEFINITIONS"; CHAPTER 2, SECTION 3, "LAND USE STANDARDS", CHAPTER 2, SECTION 4, TABLE 2.5, "OPEN SPACE DISTRICT DEVELOPMENT STANDARDS"; CHAPTER 3 SECTION 6, SUBSECTION B, ITEM 6, "FENCES", " CHAPTER 4, SECTION 4, ITEM E, "SUPPLEMENTAL GENERAL PROVISIONS"; CHAPTER 4, SECTION 4, "SPECIFIC LAND USE STANDARDS"; CHAPTER 7, SECTION 1, SUBSECTION 1, "PURPOSE, GOALS, AND OBJECTIVES"; CHAPTER 8, SECTION 13,"NOTICE REQUIREMENTS"; CHAPTER 13,ARTICLE A,SECTION 6,"RULES AND DEFINITIONS"; CHAPTER 13,ARTICLE B,SECTION 4,ITEM E,"APPROVAL TIME"; CHAPTER 13, ARTICLE C, SECTION 2, SUBSECTION 1, ITEM C, "STUB STREETS"; CHAPTER 13, ARTICLE D, SECTION 2, SUBSECTION 2, "GUARANTEE OF IMPROVEMENTS"; 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. 924 of the City of Eagle, Ada County, Idaho adopted on August 27, 2024, are as follows: Section 1 through 11: Amends and enacts sections of City Code in Title 11A"Planned Developments". More specifically, it amends: definitions, land use standards, open space district development standards, fence design specifications, specific land use standards, planning unit master plan specifications, noticing requirements, final plat approval periods, offsite street and alley design standards, financial surety and provisions. Section 12 through 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. 924 is available at City Hall, on the City website, and will be provided to any citizen upon personal request during normal office hours. Provides an effective date and for publication by summary. Brad Pike,Mayor Attest: Tracy E.Osborn,City Clerk Page 1 of 2 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ZOA-2024-01 Title II A-Ord 924 Summary.docx 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. 924 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 q day of September 2024. Victor Villegas Borton-Lakey Law&Policy City Attorney,City of Eagle Page 2 of 2 K:\Planning Dept\Eagle Applications\Spring Valley\Applications\Zoning Ordinance Amendment\2024\ZOA-2024-01\ZOA-2024-0l Title 1 IA-Ord 924 Summary.docx