20040921City of Eagle Exhibits 135- 138.pdf

SUBMITTED TO ATTORNEY ~ HEARING OF 9/9
Applicable Sections of the Eagle City Code
Case No. IPC-O4-
Exhibit 135
2A-1: GENERAL APPLICABILITY:Page 1 of
2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits , and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial
industrial , institutional, office, multi-family residential projects, signs , common areas
subdivision signage, proposed conversions , proposed changes in land use and/or building use
exterior remodeling or repainting with a color different than what is existing, exterior
restoration , and enlargement or expansion of existing buildings , signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from time
to time by the city council.
The following are specifically excluded from the requirements of the design review overlay
district: development of an individual single-family detached dwelling on a single parcel , anindividual duplex (2 dwelling units), and an individual town home consisting of a maximum of
two (2) dwelling units. (Ord. 462, 11-11-2003)
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CHAPTER 2
ZONING DISTRICTS AND MAP
ARTICLE A. DESIGN REVIEW OVERLAY DISTRICT
General Applicability
Purpose And Goals
Effect Of Other Provisions
Definitions
Design Review Overlay Districts; Eagle Architecture And Site
Design Book (EASD)
Design Requirements, Objectives And Considerations
Landscape And Buffer Area Requirements
Sign Regulations
Procedures
Application Requirements
Notification
The Eagle Architecture And Site Design Book
Procedure For Approval
Appeals
Term Of ApprovalModifications
Restrictions On Other Required Documents
Sureties
Inspection
GENERAL APPLICABILITY: This article applies to all
proposed development located within the design reviewoverlay district which shall include the entire city limits, and any landannexed into the city after the date of adoption hereof. Such development
includes , but is not limited to, new commercial, industrial, institutional,
office , multi-family residential projects , signs common areas, subdivisionsignage, proposed conversions, proposed changes in ' land use and/orbuilding use , exterior remodeling or repainting with a color different thanwhat is existing, exterior restoration, and enlargement or expansion of
March 2004
City of Eagle
2A-2A-3
existing buildings, signs or sites, and requires the submittal of a designreview application pursuant to this article and fee as prescribed from time to
time by the city council.
The following are specifically excluded from the requirements of the design
review overlay district: development of an individual single-family detached
dwelling on a single parcel, an individual duplex (2 dwelling units), and anindividual town home consisting of a maximum of two (2) dwelling units.
(Ord. 462, 11-11-2003)
2A-PURPOSE AND GOALS:
Purpose: The purpose of this article is to:
1. Recognize the interdependence of land values and aesthetics and
to provide a method by which the city may implement this inter-dependence to the benefit of the community.
2. Encourage the development of private property in harmony with
the desired character of the city and in conformance with theguidelines herein provided with due regard to the public and privateinterests involved.
3. Provide planning and design guidelines to give specific direction
for downtown development, while allowing for flexibility that promotescreative, market driven development proposals.
Goals: The general theme of the design review overlay district is tospecify desirable building and landscape architectural styles and
materials to create sustainable and pleasing environment forresidents and visitors alike. The architectural designs, materials, and
graphics set forth in this article are compiled to create a theme
unique to the area called "Eagle architecture (Ord. 462
11-11-2003)
2A-3:EFFECT OF OTHER PROVISIONS: If any provision of this
article is found to be in conflict with any other provision of anyzoning, building, fire safety or health ordinance or other provision of this
code, the provision which establishes the higher and/or more restrictivedesign standard shall prevail. However, in order to foster rehabilitation ofolder districts and comply with unforeseen future needs of the overlaydistricts, the city council may, at their discretion, suspend or relax some or
all requirements found in this code, if the city council determines a
March 2004
City of Eagle
2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:Page 1 of 15
2A~6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:
General bjectives And Co si era ions' e ~ lowing apply to the entire design review
overl rict including t ODA TD~, CEDA and DSDA. Additional requirements for the
ODA TDA, CEDA, and OS e set fort ubsections C through G of this section andto th t there is a conflict with this section, the requirements for the DOA, TDA, CEOAand OSDA shall control. The following, including the provisions set forth in the Eagle
architecture and site design book, contains a listing of objectives applied to each
application , and a listing of matters which shall be considered by the design review board.The objectives are separated into two (2) sections: site design and building design. Specific
aspects of design should be examined to determine whether the proposed development will
provide a desirable environment for its occupants as well as for its neighbors, and whetheraesthetically, the composition, materials , textures and colors meet the intent of this article.
The design review board shall consider the following criteria in reviewing the application:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian , and provide appropriate , safe parking lot design.
a. The functional relationship of the structures and the site in relation to its surroundings;
b. The impact and effect of the site development plan on traffic conditions on contiguous
streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian andbicycle traffic patterns;
The arrangement and adequacy of off street parking facilities relative to access points
building location and total site development to prevent traffic conflict or congestion;
e. The location , arrangement and dimensions of truck loading ramps, docks, and baysand vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the project
and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion , congestion andconflicts;
j. The continued maintenance of traffic, parking and lighting systems;~he protection of views and vistas in relation to urban design and aesthetic~k'iderations; and
I. The provision of safe pedestrian and bicycle connections between neighborhoods and
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commercial areas.
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties
through the proper use of screening with sound and sight buffers , and unsightly areas shall
be concealed or screened and the design review board shall consider:
e location, height, and materials of walls, fences, hedges and screen plantings to~re arm any with adjacent deve lapme nt;
b. The location and type of new plantings, with due regard to preservation of specimen
and landmark trees , and to maintenance of all plantings;
c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas, trash receptacles, service areas , truck loading areas
utility buildings and other unsightly developments;
d. The installation of sound and sight buffers , the preservation of public views , light and
air, and the consideration of those landscape aspects of design which may have
substantial effects on neighborhood development, land uses, and amenities;
e. The design and use of open spaces and parks; and
f. The permanent maintenance of all landscaped areas and fencing.
3. Site Grading And Drainage: The on site grading and drainage shall be designed so as to
maximize land use benefits and to minimize off site impact and provide for slope and soil
stabilization to prevent erosion and the design review board shall consider:
a. The existing and proposed grading relative to soil removal, fill work, retainage, soil
stabilization, erosion control on the site and the adjacent terrain and streets , and
adoption of the development to the existing site contours;
b. The planting of ground covers or shrubbery to prevent dust, to stabilize soils and
embankments and to control erosion;
c. Existing and proposed storm drainageways, canals, floodWay and floodplains relative
to flow or alignment alterations , containment and endangerment of health; and
d. The maintenance of floodway, floodplains , drainageways, channels, culverts, head
gates, canals, and soils.
4. Signage: Signing for any project shall provide for business identification and minimize
clutter and confusion on and off the site , and shall be in compliance with section 2A-
this article and the current edition of the uniform sign code adopted by the city. The design
review board shall consider:
a. The "overall sign concept" for multitenant business centers to assure that it addresses
the continuity between tenant sign design and building design;
b. The reduction of hazards to motorists , bicyclists and pedestrians as may be caused by
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or partially attributable to the distraction and obstruction of improperly located and
designed signs;
c. The provision for effective and necessary business identification systems adapted to
the building design;
d. The continued maintenance of signs throughout their life; and
e. The size, location, design, color, texture , lighting, landscaping, and hours of operations
of all permanent signs and outdoor advertising structures or features to ensure that any
such proposals do not detract from the function of, or design of, buildings , structures
surrounding properties , neighborhoods , or streets.
~tilities: Utility service systems shall not detract from building or site design. Cable~rical, and telephone service systems shall be installed underground , and the design
review board shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
~he location and design of transformers , pad mount and roof mounted mechanicals~electrical equipment shall be reviewed and approved by the design review board. All
roof mounted mechanicals shall be completely screened from view through the use of a
parapet wall when utilizing a flat roof design or shall be enclosed within the building when
utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible
at the same level or elevation of the parapet wall (e., the perspective generally as
shown on an elevation plan);
c. The location and sizes of all utility lines, manholes , poles , underground cables , gaslines, wells , and similar installations; and
d. The continued maintenance of these service systems.
6. Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies, bays, porches, covered entries
overhead structures, awnings, changes in building facade and roofline alignment, toprovide shadow relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine th
appropriateness of materials as they relate to building mass, shadow relief, and
area development. Use of color to provide blending of materials with the surrounc
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area and building use, and the functional appropriateness of the proposed building
design as it relates to the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein
materials listed in this section are allowed. If a material proposed for construction is not
listed in this section it shall be upon the discretion of the zoning administrator, the design
review board , and the city council , whichever the case may be, to determine the
appropriateness of such material.
1. Exterior walls and soffits:
a. Wood: cedar (clear) and redwood (clear) - architectural/premium grade. Log siding,
wood shingle are permitted for accent only, twenty five percent (250/0) maximum wall
coverage (per each facade);
Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited.
b. Fiber cement;
c. Masonite: horizontal lap only, maximum six inch (6") reveal;
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
e. Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face
block for accent only, ten percent (100/0) maximum wall coverage (per each facade);
h. Stucco: twenty five percent (25010) planer change required , additional accents shall be
incorporated through the use of other material(s);
i. EIFS: permitted for accent only, ten percent (100/0) maximum wall coverage (per each
fa~ade). Additional accents required through the use of other materials;
j. Additional encouraged material: exposed beams, fabric awnings , cornices/dentils
shutters, dormers, cupolas , columns;
k. Metal: metal siding shall be anodized, shall have a concealed fastener system , shall
have a silicon polyester finish or equivalent, and shall include special design treatments
to enhance its appearance. These treatments may include brick or masonry wainscot
treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the face
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of the building oriented towards the road.
A waiver of this subsection B1 k on metal siding may be allowed where the applicant
shows that the metal is architecturally compatible with surrounding buildings; is
architecturally compatible with other nonmetal buildings in the city; and is attractively
landscaped , designed , and situated, to eliminate the stark utilitarian look intended to be
prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection B1 k, metal siding shall
be prohibited in the DDA, TDA, CEDA design review overlay district areas.
2. Roofs:
a. Wood shakes/shingles: premium on number 1 grade;
b. Architectural grade textured composition shingles;
c. Tile: cemetitous, clay;
d. Slate;
e. Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
f. Flat roof specification: single ply, built up (both nonreflective).
3. Fences:
a. Vinyl: integral color required;
b. Block (with columns);
c. Brick (with columns);
d. Wrought iron;
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted.
4. Decks and patios:
a. Concrete (stamped finish and smooth finish);
b. Brick pavers;
c. Wood-polymer composite lumber;
d. Wood (pressure treated , redwood).
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5. Colors:
a. Earthen tones are encouraged.
b. Flat or low gloss finishes are encouraged.
c. Roof mounted mechanicals , all vents protruding through the roof, and similar features
shall be painted so as to match the color of the roof.
d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior
colors of the building.
6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples , towers, and any other such structures shall be
limited to a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35'
in all other locations. Additional height may be permitted if a conditional use permit
approved by the city council.
Downtown Development Area: DDA shown on exhibit A-1 within the EASD book.
1. Purpose: To provide a compact downtown business center supported by the
comprehensive goals of the city.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of forty feet (40'). To the
extent the height requirements herein conflict with section 8..
::-..
2:4....of this chapter, the
height requirements herein shall control.
b. Ground Floor Requirements: The ground floor (street level) of new buildings shall
accommodate pedestrian friendly elements. The design should accommodate a variety
of potential uses that may not be contemplated at the time of construction. Examples
include: specialty retail, grocery, drugstore, shoe repair, dry cleaning, florist shop,
department store, hardware store, other personal services , restaurant or theater or
financial services or a parking garage. Any use must meet the requirements set forth in
section of this chapter.
c. Other Floor Options: The design should accommodate the ground floor uses as listed
in subsection C2b of this section including residential use. Any use must meet the
requirements set forth in section .3...of this chapter except that apartments on floors
other than the ground floor shall be a permitted use. For the purposes of this section a
single apartment unit or multiple apartment units may be permitted.
d. Orientation: Shall be designed so that at least seventy percent (70%) of the building
ground level, street facing facades are constructed to abut and be oriented to a public
sidewalk or plaza.
e. Accessibility: Shall be visually and physically accessible to the pedestrian at the
sidewalk or plaza level.
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f. Facade: All buildings shall include a "storefront" on the ground floor consisting of a
minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum
of twenty five percent (250/0) glass. The front of any building is the facade that fronts upon
any street.
g. Exterior Surfaces: The exterior vertical surface of a building shall be designed to
minimize the environmental impacts such as glare, reflected heat, and wind. High quality
nonreflective architectural materials are particularly encouraged.
h. Building Entries: Building entries facing a street shall be recessed a minimum of four
feet (4'). Exceptions may be permitted if another building entry design feature can meet
the intent of this requirement and is approved by the design review board and city
council.
i. Detailing: Architectural detailing shall be an important consideration for design
approval. Attention to detail in architectural elements shall include , but is not limited to
walls, pilasters, parapets , cornices , columns, windows, doors, awnings, exterior lighting,
ledges, eaves , colors and materials.
j. Horizontal Lines: Parapets shall be used to vary long horizontal lines exceeding fifty
feet (50'
k. Other: Such other nonconflicting architectural detailing, materials and colors as set
forth in this article, including the examples set forth in the EASD book.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements
set forth below conflict with section .8:2-=:4...of this chapter, the setback requirements below
shall control:
a. Front building setbacks from the property line shall be a minimum of zero feet (0') to a
maximum of ten feet (10'
b. Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
c. Structures shall not have a continuous face(s) longer than ninety feet (90') inclusive of
adjoining structures.
d. When a building is located at the intersection of two (2) streets, the distance between
the face of the building and the back of curb shall be a minimum of ten feet (10') to
preserve adequate sight visibility.
e. Front and street side setbacks shall be for pedestrian amenities and the city
encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in
movable planters, outdoor dining, plazas, streetscape extension and bike racks.
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%)
and a maximum of ninety five percent (95%) in which case off site parking shall be
provided for. The lot coverage requirement may be waived if development of the lot as a
parking lot is reviewed by the design review board and is approved by the council.
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Furthermore, the minimum lot coverage requirement may be reduced by the council for
the purpose of providing adequate on site parking in accordance with the provisions of
this title for structures that include residential uses on floors other than the ground floor.
4. Parking:
a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot
a landscape buffer shall be provided between the parking lot and any street. Limited
parking potential in the DDA may allow for reduced parking ratios where there is access
to public or shared parking.
b. Provide on street parking along State Street, 1 st Street, 2nd Street, Idaho Street, Park
Road and Aikens Road.
c. On street parking along Eagle Road is prohibited.
d. Shared parking shall be encouraged.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape
requirements contained in section ~:_2i:\-=z..of this article. Other streetscape and design
elements shall comply with the requirements contained within subsection G of this section.
6. Planning Considerations: In reviewing an application pursuant to this chapter, the design
review board shall give consideration to the following to determine compatibility with this
article:
a. Public Restrooms: Locations should be sought which are safe and convenient for
public use downtown. Suitable locations include public parking areas and sites adjacent
to or within private development.
b. Public Gathering Place: A public gathering place is desired to act as the hub for
community events such as the Eagle Fun Days. The public gathering place could be
defined as 1 st Street between Idaho Street and Aikens Road , and State Street between
Eagle Road and 2nd Street. However, the public gathering place may be redefined as
development progresses in the "downtown development area" and/or in the "transitional
development area" or if a more specifically defined area is adopted as a part of the city
comprehensive plan.
c. Vehicular And Pedestrian Use: Extensions of Idaho Street and Aikens Road for
vehicular and pedestrian use shall be considered.
Transitional Development Area: TDA shown on exhibit A-1 within the EASD book.
1. Purpose: To serve as an area of future expansion to the central business district as
market demands grow and to provide an area to accommodate public parking and service
to the central business district.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of forty feet (40'). To the
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extent the height requirements herein conflict with section 8-2.~of this chapter, the
height requirements herein shall control;
b. Ground Floor Requirements: The ground floor (street level) of new buildings shall
accommodate pedestrian friendly elements. The design should accommodate a variety
of potential uses that may not be contemplated at the time of construction. Examples
include: specialty retail , grocery, drugstore, shoe repair, dry cleaning, florist shop,
department store, hardware store, other personal services, restaurant or theater or
financial services or a parking garage. Any use must meet the requirements set forth in
section .
:::.
2:::.3..of this chapter.
c. Other Floor Options: The design should accommodate the ground floor uses as listed
in subsection D2b of this section including residential use. Any use must meet the
requirements set forth in section 8=--;tof this chapter except that apartments on floors
other than the ground floor shall be a permitted use. For the purposes of this section a
single apartment unit or multiple apartment units may be permitted.
d. Orientation: Shall be designed so that at least seventy percent (70010) of the building
ground level , street facing facades are constructed to abut and be oriented to a public
sidewalk or plaza.
e. Accessibility: Shall be visually and physically accessible to the pedestrian at the
sidewalk or plaza level.
f. Facade: AU buildings shall include a "storefront" on the ground floor consisting of a
minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum
of twenty five percent (25010) glass.
g. Exterior Surfaces: The exterior vertical surface of a building shall be designed to
minimize the environmental impacts such as glare, reflected heat and wind. High quality
nonreflective architectural materials are particularly encouraged.
h. Building Entries: Building entries facing a street shall be recessed a minimum of four
feet (4'). Exceptions may be permitted if another building entry design feature can meet
the intent of this requirement and is approved by the design review board and city
council.
i. Detailing: Architectural detailing shall be an important consideration for design
approval. Attention to detail in architectural elements shall include, but is not limited to
walls, pilasters, parapets, cornices, columns , windows, doors, awnings, exterior lighting,
ledges, eaves, colors and materials.
j. Other: Such other nonconflicting architectural detailing, materials and colors as set
forth in this article , including the examples set forth in the EASD book.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements
set forth below conflict with section .:4.:4....of this chapter, the setback requirements below
shall control:
a. Front building setbacks from the property line shall be a minimum of ten feet (10') to a
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maximum of twenty five feet (25'
b. Side ~uilding setbacks may be zero feet (0') so as to tie into adjoining structures or ten
feet (10') maximum where ties to adjoining structures are not desirable.
c. Structures shall be visually tied to adjoining structures. Examples of methods to
visually tie such structures together include screening walls, facade walls , courtyards and
landscaping.
d. Front and street side setbacks shall be for pedestrian amenities and the city
encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers/shrubs/tree displays in movable
planters , outdoor dining, plazas, streetscape extension and bike racks.
e. The city encourages developing outdoor use and/or strong visual ties on properties
along the Eagle drain to preserve its natural resource, visual features and possible
recreational value.
f. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(200/0) and a maximum of eighty five percent (85010) in which case off site parking shall be
provided for. The minimum lot coverage requirement may be reduced by the council for
the purpose of providing adequate on site parking in accordance with provisions of this
title for structures that include residential uses on floors other than the ground floor.
4. Parking:
a. Continuous front parking areas (off street) along State Street and Eagle Road is not
permitted.
b. Limited direct access to parking areas from State Street or Eagle Road is allowed.
c. Shared drive access points to parking shall be used wherever possible.
d. Encourage shared parking.
e. Off street public parking areas may be required. Where these facilities occur adjacent
to existing residential development, a continuous six foot (6') high masonry wall with
landscape treatment or a separate landscape barrier will be required to mitigate sound
and visual impact. Safe pedestrian and bicycle connections between the residential
neighborhood and the off street parking area should be provided if feasible.
f. On street parking is allowed.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape
requirements contained in section 2A- 7 of this article. Other streetscape and design
elements shall comply with the requirements contained within subsection G of this section.
6. Planning Considerations: In reviewing an application pursuant to this article, the design
review board shall give consideration to the following to determine compatibility with this
article:
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a. Public Restrooms: Locations should be sought which are safe and convenient for
public use downtown. Suitable locations include public parking areas and sites adjacent
to or within private development.
b. Public Gathering Place: A public gathering place is desired to act as the hub for
community events such as the Eagle Fun Days. The public gathering place could be
defined as 1 st Street between Idaho Street and Aikens Road , and State Street between
Eagle Road and 2nd Street. However, the public gathering place may be redefined as
development progresses in the downtown development area and/or in the transitional
development area or if a more specifically defined area is adopted as a part of the city
comprehensive plan.
c. Vehicular And Pedestrian Use: Extension of Idaho Street for vehicular and pedestrian
use shall be considered.
E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD book.
1. Purpose: To provide a sense of entry into the city and transition development into the
central business district in support of the comprehensive plan.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of thirty five feet (35'
b. Orientation: Shall be designed so that at least seventy percent (700/0) of the building
ground level, street facing facades are constructed to abut and be oriented to a public
sidewalk or plaza.
c. Accessibility: Shall be visually and physically accessible to the pedestrian at the
sidewalk or plaza level.
d. Detailing: Architectural detailing shall be an important consideration for design
approval. Attention to detail in architectural elements shall include, but is not limited to
walls, pilasters, parapets, cornices, columns , windows, doors, a\vnings, exterior lighting,
ledges, eaves, colors and materials.
e. Other: Such other nonconflicting architectural detailing, materials and colors as set
forth in this article.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements
set forth below conflict with section 8_2--=-~:tof this chapter, the setback requirements below
shall control.
a. Front building setbacks from the property line shall be twenty feet (20') minimum.
b. Side building setbacks shall be ten feet (10') minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city
encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in
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2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:Page 12 of 15
movable planters, outdoor dining, plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%) and a maximum of eighty five percent (85010) in which case off site parking shall be
provided for.
4. Parking:
a. Continuous front parking areas (off street) along State Street and Eagle Road notpermitted.
b. Limited direct access to parking areas from State Street or Eagle Road is allowed.
c. Shared drive access points to parking shall be used wherever possible.
d. On street parking is prohibited on Eagle Road.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape
requirements contained in section 2A- 7 of this article. Other streetscape and design
elements shall comply with the requirements contained within subsection G of this section.
6. Planning Considerations: In reviewing an application pursuant to this article, the design
review board shall give consideration to the following to determine compatibility with this
article:
a. Entry Statement: Six (6) points of entry have been identified for consideration and are
shown on exhibit A-1 within the EASD book. However, the final location of the entry
statements may be redefined as development in the city progresses or if a more
specifically defined location is adopted as a part of the city comprehensive plan.
The following entry statement concepts for signage are encouraged: a permanent
monument sign, simple in design, identifying Eagle. A license agreement may be
required by the highway district having jurisdiction if the entry statement is proposed to
be placed within a public street iight of way. Any construction within a public right of way
would require approval of the agency having jurisdiction.
F . Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book.
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to
encourage new development by providing unique regulations specific to this district.
2. Setbacks And Site Design:
a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall
be fifteen feet (15') minimum.
b. Side Setbacks: Side building setbacks shall be five feet (5') minimum.
c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and
the city encourages joint efforts between adjoining property owners. Suggested
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2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:Page 13 of
amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree
displays in movable planters, outdoor dining, plazas , streetscape extension and bike
racks.
d. Site And Landscape Design: At the discretion of the design review board the following
may be considered when the board finds that the site has been designed in harmony with
the design guidelines , objectives and considerations noted within subsection A of this
section.
(1) Interior and perimeter parking lot landscape area dimensions may be reduced.
(2) The minimum required landscaping between the building and the property line may
be reduced when the design review board finds that the building s design style and
architecture serves as an appropriate buffer to the adjacent property.
(3) Screen and/or perimeter fencing utilizing chainlink with vision slats may be
considered. Perimeter fencing facing the public street is prohibited. Barbwire and/or
razor/ribbon wire located on top of the chainlink fence is prohibited.
Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian
lighting, bollards , public art, kiosks and furnishings. The scope of streetscape design and
number of amenities vary within the different overlay districts of the city. In areas
anticipated to have higher concentrations of pedestrian use wider sidewalks and a further
varied number of amenities are to be made available to enhance the pedestrian experience
and to further encourage the health of the business community. Examples of streetscape
design and amenities are shown within the EASD book.
At a minimum, the following specific streetscape criteria shall apply:
1. Street trees shall comply with the requirements contained in section .8.:.4A:of this article.
Any tree located within a concrete area shall include tree grates and tree wells as depicted
on the tree well and tree grate exhibit within the EASD book. Root barriers shall be required
to limit future sidewalk damage from tree roots.
2. The specific style of streetlight poles within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section , shall be as depicted on the streetlight exhibit
within the EASD book.
3. The specific style of streetlight lamps within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit
within the EASD book.
4. Streetlights within the DDA and TDA shall be located a maximum distance of one
hundred feet (100') apart except as specified in subsection G6 of this section. Said
. streetlights are not required to be located in alignment across the street from each other.
5. Streetlights within the CEDA shall be located a maximum distance of one hundred fifty
feet (150') apart except as specified in subsection G6 of this section. Said streetlights are
not required to be located in alignment across the street from each other.
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2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:Page 14 of 15
6. Except as noted in subsections G4 and G5 of this section, streetlights shall be spaced
generally as depicted on the streetlight spacing map included within the EASD book
(exhibit A-2). The specific spacing requirements are listed below and apply to each side of
the street. Streetlights are to be located in alignment across the street from each other
except where noted as "staggered". When the streetlights are to be "staggered" a
streetlight on one side of the street is to be located generally midway between two (2)
streetlights on the other side of the street. Spacing shall still apply to each side of the
street.
Eag Ie Road
Eag Ie Road
Eag Ie Road
State Street
State Street
State Street
State Street
State Street
Plaza Drivel
H ill Road
Hill Road
Street
H ig hway 44 to State Street
State Street to Ranch Drive
Ranch Drive to Floating
Feather Road
Highway 44 (new connection
west of Ballantyne Lane) to
Dry Creek
Dry Creek to Cobblestone Lane
Cobblestone Lane to Palmetto
Avenue
Palmetto Avenue to Plaza Drivel
Hill Road
Plaze DrivelHiII Road to
H ig hway 44
Eagle Road to Edgewood Lane
Spacing (Each
Boundaries Side Of Street)
75 feet
150 feet
300 feet (staggered)
300 feet
150 feet
75 feet
150 feet
300 feet
150 feet
Edgewood Lane to New Highway 300 feet (staggered)
Alternate Route Plaza Drive to Eagle River
Connection Development
150 feet
7. Streetlight spacing may be slightly modified depending upon site constraints and the
location of existing streetlights.
8. Bollard style pedestrian lighting shall be required along all pathways not illuminated by
street and/or site lighting.
9. Bollards as depicted on the bollard exhibit within the EASD book shall be required at all
bulb outs.
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2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:Page 15 of 15
10. Public art is encouraged and/or areas should be made available for the placement of
public art in the future.
11. Furnishings shall be required for all applications incorporating streetscape
improvements, pedestrian areas and/or plaza areas. Furnishings may include flagpoles
benches , seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall
lamps, waste receptacles and other similar amenities as may be approved by the design
review board. Furnishing examples are depicted within "urban accessories" section of the
EASD book.
12. Sidewalks within the DDA shall be a minimum often feet (10') wide and shall abut the
curb. Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book
consisting of smooth concrete and textured concrete with a "running bond" brick pattern.
Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into
any roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having
jurisdiction. A reduced sidewalk section may be permitted if the design review board finds
that the preservation of existing trees warrants a reduction. In no case however shall the
sidewalk be reduced to less than six feet (6') in width.
13. Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the
curb or shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip
between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it
shall be constructed to match the sidewalk exhibit within the EASD book, consisting of
smooth and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be
constructed generally as shown on the bulb out exhibit within the EASD book and shall be
required at all intersections, except that bulb outs shall not extend into any roadway
designated as an arterial or collector as shown on the Ada County long range highway and
street map unless otherwise approved by the highway district having jurisdiction. A reduced
sidewalk section may be permitted if the design review board finds that the preservation of
existing trees warrants a reduction. In no case ho\"Iever shall the sidewalk be reduced
less than six feet (6') in width.
14. Sidewalks within the CEDA shall be a minimum of eight feet (8') wide with a ten foot
(10') wide landscape strip between the sidewalk and curb. "Bulb outs" shall be constructed
generally as shown on the bulb out exhibit within the EASD book and shall be required at
all intersections , except that bulb outs shall not extend into any roadway designated as
arterial or collector as shown on the Ada County long range highway and street map unless
otherwise approved by the highway district having jurisdiction. A reduced sidewalk section
may be permitted if the design review board finds that the preservation of existing trees
justifies a reduced sidewalk section. In no case however shall the sidewalk be reduced to
less than six feet (6') in width. (Ord. 462, 11-11-2003)
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4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:Page 1 of 2
2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:
OFFICIAL HEIGHT AND AREA REGULATIONS
Minimum
Yard
Setbacks
Note
Cond itions
(A) To (F)*
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Area (Acres Lot Width
Covered Or Sq. Ft.)(1)*
(G) And (H)*
60'60'30'30'45'100/0 20 acres 100'
35'60'30'30'45'10%7 acres 100'
35'50'30'20'35'10010 8 acres 100'
35'30'30'15'30'35%000 100'
35'30'30'10'20'40%000 75'
35'30'25'20'400/0 000 75'
35'20'25'20'400/0 000 70'
35'20'25'20'40%000 70'
6 to 35'20'25'20'60010 000 50'
35'20'20'20'60%000 25'
35'15'10'500/0 000 25'
35'920/0 300 25'
35'92%3pO 25'
CBD 35'92%500 25'
35'920/0 n/a 25'
35'20'20'50%n/a 25'
35'92%n/a 25'
35'920/0 n/a 25'
35'20'20'20'500/0 000
See note conditions on following page.
Note Conditions
(A)Setback reductions (to be measured from the foundation to the property line):
(1) No portion of the structure may extend more than 2 feet into the side yard setback;
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4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS:Page 2 of 2
(2) Open structures such as porches, canopies, balconies , platforms, carports, covered
patios and similar architectural projections shall be considered part of the building to
which it is attached and shall not project more than 15 feet into the required rear yard
setback;
(3) Open porches for residential dwelling units shall not project more than 5 feet into the
required front yard setback;
(4) A single-family dwelling unit that utilizes a side entry garage shall be permitted to
have a 5 foot reduction in the minimum required front yard setback provided that the
distance is no less than 20 feet measured from the foundation of the garage to the
property line.
(B) Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permit.
(C) All residential buildings in other than agricultural or residential districts must meet
residential official height and area regulations.
(D) Front yard setback from arterial and collector streets (as designated on the APA
functional street classification map) is 30 feet in all residential zoning districts.
(E) Street side setback on arterial and collector streets (as designated on the APA
functional street classification map) is 25 feet in all residential zoning districts.
(F) In order to stimulate the rehabilitation and revitalization of the existing neighborhoods
where the currently platted residential lots are less in size than the 7 000 square feet per
dwelling unit, applicants desiring to exceed the authorized 40 percent maximum lot
coverage may apply for a conditional use permit.
(G) A decrease of minimum lot size in a subdivision may be allowed if there is an
offsetting increase of the same square footage in open space and a planned unit
development is applied for and approved.
(H) All lots with street side frontage , excluding lots within zoning districts A, A-, R-E and
, shall have a minimum lot area that is 10 percent larger than shown in this table.
(I) 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. Minimum lot frontage, the
portion of a lot front adjacent to a public or private street, for all residential zoning districts
shall be 35 feet.
(J) Childcare facilities, churches, nursing/convalescent homes (which includes senior
assisted living facilities), schools (public or private), which are proposed within an
agricultural district (A), agricultural-residential district (A-R), and/or residential-estates
district (R-E) shall be permitted an increase of the maximum lot coverage from 10 percent
to 24 percent. (Ord. 298 10-14-199 amd. Ord. 361 , 12-14-1999; Ord. 368, 3-21-2000;
Ord. 384, 3-2001; Ord. 404 , 11-13-2001; Ord. 405 , 1-23-2002)
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3: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:Page 1 of 1
3: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:
In addition to all yard regulations specified in section
...
8.:2:4.of this title, and in other sections of
this title, the following provisions shall be adhered to:
A. Visibility At Intersections: On a corner lot in any district, nothing shall be erected , placed
planted or allowed to grow in such a manner as to materially impede vision between the
height of two and one-half (2 1/2) and ten feet (10') above the center line grades of the
intersecting streets in the area bounded by the right of way lines of such corner lots and a
line joining points along said street right of way lines twenty five feet (25') from the point of
intersection.
B. Fences In Front Yards: In any required front yard, no fence or wall shall be permitted which
materially impedes vision across such yard between the height of two and one-half (2 1/2)
and ten feet (10'
C. Yards In Multi-Family Dwellings: Multi-family dwellings shall be considered as one building
for the purpose of determining front, side and rear yard requirements. The entire group as a
unit shall require one front, one rear and two (2) side yards as specified for dwellings in the
appropriate district.
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential
buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot
line of a residential district; except that the minimum yard requirements may be reduced to
fifty percent (50%) of the requirement if acceptable landscaping or screening approved by
the council is provided. Such screening shall be a masonry or solid fence between four (4)
and eight feet (8') in height, maintained in good condition and free of all advertising or other
signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not
less than twenty feet (20') in width planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four feet (4') in height at the time of planting.
E. Exceptions To Height Regulations: The height limitations contained in section
....
=4.=4...of this
title do not apply to spires , belfries, cupolas, antennas , water tanks, ventilators, chimneys
or other appurtenances usually required to be placed above the roof level and not intended
for human occupancy, except where the height of such structures will constitute a hazard to
the safe landing and takeoff of aircraft at an established airport.
F. Maximum Units Per Lot: Any buildable lot conforming to this title, with a zoning designation
of A, A-, R-, R-, R-, R-, R-4 or R-, shall be permitted a maximum of one single-
family dwelling unit per lot. Additional dwelling units shall not be permitted within the above
mentioned zoning designations unless specifically permitted elsewhere within this title.
Multi-family units/developments are prohibited in the above mentioned zoning designations.
(Ord. 298 10-14-1997)
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2: RULES AND DEFINITIONS:Page 1 of 18
2: RULES AND DEFINITIONS:
For the purpose of this title , certain terms or words used herein shall be interpreted as follows:
A. The word "person" includes a firm , association, organization , partnership, trust, company or
corporation, as well as an individual.
B. The present tense includes the future tense , the singular number includes the plural and the
plural number includes the singular.
C. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement
and the word "should" is a preferred requirement.
D. The words "used" or "occupied" include the words "intended"
, "
designed" or "arranged" to
be used or occupied.
E. The word "lot" includes the words "plot"
, "
parcel" and "tract"
The following words and terms when used in this title shall have the meanings ascribed to
them in this section:
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure. In residential zones
accessory uses/structures include, but are not limited to, detached carports and garages, pool
houses and cabanas, amateur radio and satellite dish antennas, barns , corrals , stables, and
similar uses and structures. In nonresidential zones accessory uses/structures include, but are
not limited to , detached carports and garages , caretaker s quarters, guard houses , storage
sheds , outdoor storage structures , microwave and satellite dish antennas, and similar uses
and structures.
ADMINISTRATOR: An official having knowledge in the principles and practices of zoning who
is appointed by the mayor, with the consent of the council, to administer this title.
ADULT BUSINESS: Establishments based primarily on materials or performances that depict
describe, or relate to specified sexual activities. Adult businesses must be a minimum distance
of one-half (1/2) mile from any church, school, daycare, and/or any other business or use
which is primarily intended for individuals under the age of eighteen (18) years old. The
distance shall be measured in a direct line from the front door of the adult business to the front
door of said business or use.
AGRICULTURE AND FOREST: The use of land for farming, dairying, pasturage, agriculture
horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory
uses for parking, treating or storing the produce; provided , however, that:
A. The operation of any such accessory uses shall be secondary to that of normal
agricultural activities; and
B. The above uses shall not include the feeding or sheltering of animals or poultry in
penned enclosures within one hundred feet (100'of any residential zoning district.
Agriculture does not include the operation or maintenance of a commercial feedlot or
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stockyard where large numbers of livestock are fed concentrated feeds particularly for the
purpose of fattening for market.
AIRPORT: Any area of land or water which has been set aside, designated, classified and duly
established by jurisdictional authorities which may be used for aircraft terminals for people
mail, and freight, airport traffic control and weather stations, aircraft repair, storage and tie
down areas, gasoline, jet fuel , oil and other aircraft supplies and parts storage areas, aircraft
landing strips , taxiways, clear areas, hangars, offices and such other facilities, buildings or
structures necessary therefor.
AMBULANCE SERVICES: Provision of nonemergency medical care transportation, including
incidental storage , maintenance and parking of medical transport vehicles.
ANIMAL SHOWS: Exhibitions of domestic or large animals for a maximum of seven (7) days.
This classification includes sales of animals and related merchandise.
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.
ARTIST STUDIOS: Work space for artists and artisans, including individuals practicing one of
the fine arts or performing arts, or skilled in an applied art or craft.
ARTS AND CRAFTS SHOWS (Outdoor): Display and sale of painting, sculpture, hand crafts
and similar objects.
AUCTION FACILITY: Facilities operated primarily for the sale of new and/or used merchandise
by auctioning.
AUTOMOTIVE BODY SHOP: Automobile collision service, repair and painting.
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk
building covered by a canopy.
AUTOMOTIVE GAS STATION/SERVICE SHOP: Buildings and premises where gasoline, oil
grease, batteries , tires and motor vehicle accessories may be supplied and dispensed at retail
and where, in addition , the following services may be rendered and sales made:
A. Sales and service of spark plugs , batteries and distributors' parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hose , fan belts , brake fluid , light bulbs
fuses, floormats, seat covers, windshield wipers and blades, grease retainers, wheel
bearings, mirrors and the like;
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2: RULES AND DEFIN1TIONS:Page 3 of 18
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps , oil pumps, lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing the
motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service
station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational materials to customers and provision of
restroom facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at an automotive gas station/service shop do not include major
mechanical and body work, straightening of body parts, paintin9, welding, storage
automobiles not in operating condition or other work involving noise , glare , fumes, smoke
or other characteristics to an extent greater than normally found at an automotive gas
station/service shop. An automotive gas station/service shop is not a repair garage nor a
body shop.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENT SALES: The
sale or rental of new and used motor vehicles, mobile homes, travel trailers and/or farm
implements , but not including repair work except incidental warranty repair of same, to be
displayed and sold on the premises.
AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts
thereof, excluding collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE STORAGE: Storage of parking tow aways , impound yards, and storage lots for
automobiles, trucks, buses and recreational vehicles.
AUTOMOTIVE WASHING FACILITY: Facilities for washing, waxing or steam cleaning of
automobiles or similar light vehicles.
AUTOMOTIVE WRECKING YARD OR SALVAGE: The dismantling or wrecking of two (2) or
more used motor vehicles , mobile homes, trailers or the storage, sale or dumping of
dismantled, partially dismantled , obsolete or wrecked vehicles or their parts. Any premises,
excluding fully enclosed buildings , where more than two (2) motor vehicles not in operating
condition are standing more than thirty (30) days, or where used motor vehicles or parts
thereof are dismantled or stored.
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2: RULES AND DEFINITIONS:Page 4 of 18
BANKS/FINANCIAL INSTITUTIONS: Financial institutions that provide retail banking services
to individuals and businesses. This classification includes those institutions engaged in the
site circulation of cash money and businesses offering check cashing facilities.
A. With Drive Up Service: Institutions providing services accessible to persons who remain
in their automobiles. Drive up service is classified separately because it is not appropriate
at all locations,
BAR: An establishment for which a license under title 3. chapter 2. article A, B , and/or C of this
code is required and the principal business of which is the sale of alcoholic beverages to be
consumed on premises.
BASEMENT: A dwelling unit, all or partly underground, but having at least one-half (1/2) of its
height below the average level of the adjoining ground.
BED AND BREAKFAST FACILITY: An owner occupied facility providing overnight
accommodations and breakfast food service to no more than twelve (12) guests at anyone
time. No cooking shall be allowed in guest rooms and only breakfast food shall be provided to
guests. Bath facilities shall be shared by no more than two (2) guest rooms and one off street
parking space for each guest room and employee shall be provided and maintained by the
applicant.
BOARDING HOUSE, LODGING HOUSE, DORMITORY: A building other than a hotel or motel
where meals and/or lodging are provided for compensation to three (3) or more unrelated
persons , but less than twelve (12) persons, who are not transients, and kitchen facilities are
not provided in the individual rooms.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection
of persons , animals, chattels or property of any kind.
BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot
as the principal building, the use of which is incidental and accessory to that of the main
building or use.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the
proposed finished grade at the front of the building to the highest point of the roof for flat roofs
to the deck line of mansard roofs , and the top of the peak for gable, hip and gambrel roofs.
BUILDING , PRINCIPAL: A building in which is conducted the main or principal use of the lot on
which said building is situated.
BUILDING SUPPLY OUTLET: A commercial establishment storing and offering for sale
building supplies, coal, heavy equipment, feed, grain , and similar goods, for wholesale or retail
sale. This use does not include hardware stores.
CATERING SERVICE: Preparation and delivery of food and beverages for off site
consumption without provision for on site pickup or consumption.
CEMETERY: Land used or intended to be used for the burial of human remains and dedicated
for cemetery purposes. Cemetery purposes include columbariums, crematoriums
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mausoleums, and mortuaries operated in conjunction with the cemetery.
CENTRAL SEWER SYSTEM: Any system that receives blackwaste or wastewater in volumes
exceeding two thousand five hundred (2 500) gallons per day; any system which receives
blackwaste or wastewater from more than two (2) dwelling units or more than two (2) buildings
under separate ownership.
CHILDCARE FACILITY: Any facility where children regularly receive care and supervision
usually unaccompanied by the children s parents , guardians or custodians , and regardless of
whether the facility does or does not provide any instruction. This use excludes the case of: a)
the operator s children or legal wards or children related by blood or marriage, b) occasional
personal guests, and c) children aged twelve (12) years and over. Any home, place, or facility
providing overnight custodial services for lodging or boarding for the occupants therein shall
not be considered a childcare facility.
There are three (3) types of childcare facilities:
A. Family Daycare Home: A childcare facility for six (6) or fewer children. Baby sitting
services are an accessory use to residential uses.
B. Group Daycare Facility: A childcare facility for seven (7) to twelve (12) children.
C. Daycare Center: A childcare facility for thirteen (13) or more children.
CHRISTMAS TREE SALES: Retail sales of Christmas trees between Thanksgiving and
December 26.
CIRCUSES AND CARNIVALS: Provisions of games, eating and drinking facilities, live
entertainment, animal exhibitions , or similar activities, which may be conducted outdoors , or in
a tent or other temporary structure, for a maximum of seven (7) days. This classification
excludes events conducted in a permanent entertainment facility.
CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured
persons or those who are in need of medical and surgical attention; but which building does
. - not provide board, room or regular hospital care and services.
CLU B OR LODGE: A building or portion thereof or premises owned or operated by an
organized association of persons for a social, literary, political , educational or recreational
purpose primarily for the exclusive use of members and their guests; but still not including any
organization , group or association , the principal activity of which is to render a service usually
and ordinarily carried on as a business.
COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which is generally
related to the entertainment field such as motion picture theaters, performing arts theaters
sports stadiums and arenas , amusement parks , bowling alleys, billiard parlors , poolrooms
dance halls, ice/roller skating rinks, health/fitness clubs, recreation clubs, arcades, nightclubs
cocktail lounges and similar entertainment activities.
COMMISSION/HISTORIC PRESERVATION: The historic preservation commission, Eagle,
Idaho.
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COMMISSION/PLANNING AND ZONING: The zoning, planning and zoning, joint zoning or
joint planning and zoning commission with individuals appointed by the mayor and confirmed
by the council.
COMMUNICATION FACILITIES: Broadcasting, recording, and other communication services
accomplished through electronic or telephonic mechanisms, but excluding public service
facilities and personal wireless service facilities. This classification includes radio , television, or
recording studios; telephone switching centers; and telegraph offices.
COMPREHENSIVE PLAN: A plan, or any portion thereof, adopted by the council including
such things as the general location and extent of present and proposed physical facilities
including housing, industrial and commercial uses, major transportation, parks, schools and
other community facilities.
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 district are listed in the
official schedule of district regulations , section
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CONVENIENCE STORE: Retail sales of food , beverage and small convenience items typically
found in establishments with long or late hours of operation.
COUNCIL: The city council of the city of Eagle.
DAIRY FARM: A farm whose principal function is the production of milk and milk products and
which may include the processing of milk so produced. A dairy farm further refers to a dairy
barn , processing facility or feeding area where animals are kept, raised or fed in a restricted
area, and where the milking area is subject to the approval of the Idaho state department of
health and welfare.
DENSITY: A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density: The number of dwelling units per acre of total land to be developed
including public right of way.
B. Net Density: The number of dwelling units per acre of land when the acreage involved
includes only the land devoted to residential uses, excluding public right of way.
DESIGN REVIEW ORDINANCE: The design review ordinance of the city, as adopted by the
city, or as may hereafter be amended and/or codified 30 .
DETENTION FACILITIES: Publicly owned and operated facilities providing housing, care , and
supervision for persons confined by law.
DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units including
townhouses and condominiums with varying arrangements of entrances and party walls. Multi-
family housing may include public housing.
DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated
from other dwelling units by open space. This classification includes manufactured homes and
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any home in which eight (8) or fewer supervised unrelated mentally and/or physically
handicapped or elderly persons reside.
DWELLING , TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which may be
either attached side by side or one above the other.
DWELLING UNIT: Space within a dwelling comprising living, dining, sleeping room or rooms
and storage closets, as well as space and equipment for cooking, bathing and toilet facilities
all used by only one family and its household employees.
EASEMENT: Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of his property.
EMERGENCY HEALTH CARE: Facilities providing emergency medical service with no
provision for continuing care on an inpatient basis.
EMERGENCY SERVICES: Provision of emergency medical care transportation, fire protection
and police protection, including incidental storage and maintenance and parking of emergency
and emergency related vehicles.
FACADE: The front or chief face of a building.
FAMILY: One or more persons occupying a single dwelling unit; provided , that all members are
related by blood , adoption or marriage.
FARM: Buildings and premises used for the raising and processing of farm products in an
agricultural setting by an individual or an association which operates and manages the farm
either as owner or tenant, at a site used for a farm residence and associated farm accessory
buildings.
FEEDLOT OR STOCKYARD: Primarily where large numbers of livestock are fed concentrated
feeds particularly for the purpose of fattening for market.
FLEX SPACE: Allows for uses that generally require substantial amounts of storage and
working area as well as office and/or showroom space. This use is not intended to permit
warehousing or manufacturing that has high levels of truck activity. Loading docks shall be at
the rear of the structure , shall be screened from view from street and neighboring uses, and
loading ramps shall be a maximum of two feet (2') high to discourage tractor trailer use.
Examples of uses include, but are not limited to, custom bookbinding, ceramic studios, candle
making shops, custom jewelry manufacture, lighting/plumbing fixture showrooms , small
merchandise assembly, and low intensity sales and distribution facilities. Gross floor area of
each building used as "flex space" shall be a maximum of thirty thousand (30 000) square feet.
Buildings may be comprised of several lease spaces. Hours of operation shall be limited to
between six o clock (6:00) M. to ten o clock (10:00) P.
FOOD AND BEVERAGE SALES: Retail sales of food and beverages for off site preparation
and consumption. Typical uses include groceries, liquor stores, delicatessens, or bakeries , and
exclude convenience stores and catering services.
FRONTAGE ROAD: A road which has unlimited access to collector and access streets but has
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limited access to arterial streets. Access onto arterial streets is limited to one thousand five
hundred feet (1 500') between points.
GOVERNMENT 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.
HEALTH CLUBS , SPAS , WEIGHT REDUCTION SALONS: Establishments with equipment for
exercise and physical conditioning.
HEIGHT: The height of personal wireless facilities, spires, poles, antennas , steeples, towers
and similar structures shall be determined by measuring the vertical distance from the point of
contact with the ground to the highest point of the structure , including any vertical projection
thereof. When mounted upon other structures, the combined height of the personal wireless
facility, spire, pole, antenna , steeple, tower, and/or similar structure , including the height of the
structure mounted upon , shall be used to determine height.
HELIPORTS: Pads and facilities enabling takeoffs and landings by helicopters.
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.
HISTORIC PROPERTY: Any building, structure , area or site that is significant in the history,
architecture , archaeology or culture of this community, the state , or the nation.
HOME AND BUSINESS SERVICES: Provisions of recurrently needed services for business
and residential uses. Uses include upholsterers, photocopying and small print shops.
HOME OCCUPATION: Any use customarily conducted entirely within a dwelling and carried
on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the
structure for dwelling purposes and which use does not change the character thereof or does
not adversely affect the uses permitted in the zone of which it is a part.
HORTICULTURE: A. General: The raising of vegetables, flowers , ornamental trees and shrubs
as a commercial enterprise, including the storage of nursery equipment and materials and the
erection of nursery structures.
B. Limited: The raising of vegetables, flowers, ornamental trees and shrubs as a
commercial enterprise, provided that no nursery equipment or materials shall be stored and
no structures erected. Commercial horticulture accessory to a dwelling unit shall be
regulated as a home occupation.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for
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the medical or surgical care of patients for twenty four (24) hours or more. This classification
includes incidental facilities for outpatient treatment, as well as training, research , and
administrative services for patients and employees. The term hospital does not include
convalescent, nursing or boarding homes and does not include institutions devoted to the care
of the mentally ill or drug or alcohol addicted.
HOTEL: Establishments offering rooms as lodging on a less than weekly basis to guests.
Hotels typically have eating and drinking service and a dining room where meals are served.
INDUSTRIAL: A. Extractive: Any mining, quarrying, excavating, processing, storing,
separating, cleaning or marketing of any mineral natural resource.
B. Heavy: Manufacturing, processing, assembling, storing, testing and similar industrial
uses which are generally major operati6ns and extensive in character, require large sites
open storage and service areas , extensive services and facilities, ready access to regional
transportation and normally generate some nuisances such as smoke, noise, vibration
dust, glare, air pollution and water pollution , but not beyond the district boundary.
C. Light: Manufacturing or other industrial uses which are usually controlled operations;
relatively clean, quiet and free of objectionable or hazardous elements such as smoke
noise , odor or dust; operating and storing within enclosed structures and generating little
industrial traffic and no nuisances.
INDUSTRY: A. Custom: Establishments primarily engaged in on site production of goods by
hand manufacturing involving the use of hand tools and small scale equipment.
B. Limited: Includes mechanical equipment not exceeding two (2) horsepower of a single
kiln not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only
those goods produced on site. Typical uses include custom bookbinding, ceramic studios
candle making shops, and custom jewelry manufacture.
INDUSTRY RESEARCH AND DEVELOPMENT: Establishments primarily engaged in the
research, development, and production of high technology electronic, industrial or scientific
products or commodities for sale , but prohibits uses that may be objectionable by reason of
production of offensive odor, dust, noise, vibration, or storage of hazardous materials.
Examples of uses include, but are not limited to, biotechnology firms, and computer
component manufacturers.
INSTITUTION: Building and/or land designed to aid individuals in need of mental, therapeutic
rehabilitative counseling or other correctional services.
JUNKYARD: An outdoor space where waste and discarded or salvaged materials are bought
sold , exchanged , baled, packed , disassembled , stored or handled , including house wrecking
yards, used lumberyards and places where such uses are conducted entirely within a
completely enclosed building, such as pawn shops and establishments for the sale, purchase
or storage of used furniture and household equipment or for used cars in operable condition , or
salvaged materials incidental to manufacturing operations.
KENNEL (For Hobby, Commercial Or Boarding Purposes): Any lot or premises or portion on
which three (3) or more dogs, cats and other household domestic animals are maintained
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harbored, possessed, boarded , bred or cared for in return for compensation or kept for sale
including privately or publicly owned , operated or managed dog pounds.
LABORATORIES: Establishments providing medical or dental laboratory services; or
establishments with less than two thousand (2 000) square feet providing photographic
analYtical , or testing services. Other laboratories are classified as industry limited.
LAUNDROMAT: Business providing self service cleaning facilities for clothing and other fabric
articles.
LAUNDRY (With No Drive Up Service): A business which launders and dry cleans clothing and
other fabric articles in bulk.
A. With Drive Up Service: Institutions providing services accessible to persons who remain
in their automobiles. Drive up service is classified separately because it is not appropriate
. at all locations.
LIVE ENTERTAINMENT EVENTS: Temporary concerts and other cultural events lasting less
than seven (7) days or ongoing occasional events such as barn dances , square dances
weddings and receptions.
LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pickups
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 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.
LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use
coverage and area , and to provide such yards and other open spaces as are herein required.
Such lot shall have frontage, as may be required within this code, on an improved public street
or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record , or of portions of lots 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 nearest the street. For
the purpose of determining yard 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
yards" 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.
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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: Terminology used in this title with reference to corner lots, interior lots and
through lots is as follows:
Corner Lot A lot located at the intersection of two (2) or more streets;
Interior Lot A lot with only one frontage on a street;
Reversed Frontage Lot A lot on which frontage is at right angles to the general pattern in
the area. A reversed frontage lot may also be a corner lot; and
Through Lot: A lot other than a corner lot with frontage on more than one street. Through
lots abutting two (2) streets may be referred to as double frontage lots.
MOBILE HOME: A detached single-family dwelling unit with all of the following characteristics:
A. Designed for a long term occupancy and containing sleeping accommodations , a flush
toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections
provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed or other
trailers or detached wheels; and
C. Arriving at the site where it is to be occupied as a dwelling complete, including major
appliances and furniture , and ready for occupancy except for minor and incidental
unpacking and assembling operations, location on foundation supports, connection to
utilities, and the like.
MOBILE HOME COURT (RV): Any site or tract of land whereupon two (2) or more mobile
homes, travel trailers, or recreational vehicles are placed , located and maintained for dwelling
purposes on a temporary basis.
MOBILE HOME PARK: Any site or tract of land under single ownership upon which two (2) or
more mobile homes in habitation are parked , either free of charge or for revenue purposes
including any roadway, building, structure, vehicle or enclosure used or intended for use as
part of the facilities of such park.
MOBILE OFFICE: A detached mobile unit not intended for occupancy as a dwelling unit
designed to be transported after fabrication on its own wheels or on flatbed or other trailers or
detached wheels. Use of mobile office at other than a construction site requires a conditional
use permit.
MODULAR HOME: Constructed with standardized units or dimensions for flexibility and variety
In use.
MOTELS: Establishments offering lodging on less than weekly basis. This classification may
include incidental eating or drinking service.
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MUSEUM: Institutions displaying or preserving objects of interest in one or more of the arts or
sciences. This classification includes museums, and art galleries.
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.
NONPROFIT REHABILITATION CENTER: Facilities operated by established nonprofit
organizations such as goodwill industries , salvation army, etc., which are intended to provide
employment and training for handicapped persons. Such facilities may include, but are not
limited to , activities such as light assembly of products, training, administrative office , repair
and sale of secondhand clothing, furniture and appliances, and may include certain facilities for
persons with profound mental retardation. This use does not include homeless shelters or
other forms of transient or permanent residential accommodation.
NURSERY, PLANT MATERIALS: Land , building or combination thereof for the storage
cultivation , transplanting of live trees , shrubs or plants offered for retail sale on the premises
including products used for gardening or landscaping.
NURSING/CONVALESCENT HOME: Establishments providing care on a twenty four (24) hour
basis for persons requiring regular medical attention , but excluding facilities providing surgical
or emergency medical services. This classification also includes senior assisted living facilities
with provisions for shared kitchen facilities and rooms with private bathrooms.
OFFICES, BUSINESS AND PROFESSIONAL: Offices of firms or organizations providing
professional , executive, management, or administrative services. This classification includes
medical/dental laboratories incidental to an office use, but excludes banks and savings and
loan associations.
OPEN SPACE: A common area platted as a separate lot, provided within a recorded
easement, or dedicated to and accepted by the city. The area shall be substantially open to the
sky, exclusive of streets , buildings and other covered structures, and shall be designated and
intended as a usable and convenient amenity to any proposed development. Wetland areas
drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the
minimum area of open space required.
PAD MOUNTED MECHANICALS: All mechanical and electrical equipment mounted on the
ground , including, but not limited to, transformers, compressors, generators, and other
equipment to establish a controlled interior environment. All pad mounted mechanicals shall be
screened from view.
PARAPET OR PARAPET WALL: That portion of a building wall that rises above the roof level.
PARK AND RECREATION FACILITIES: Noncommercial parks, playgrounds, recreation
facilities and open spaces.
PARKING LOT, PARKING GARAGE: Parking lots or garages offering short term or long term
parking.
PARKING LOT, PARKING GARAGE, COMMERCIAL: Parking lots or garages offering short
term or long term parking to the public for a fee.
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PARKING SPACE, OFF STREET: An off street parking space shall consist of an area
adequate for parking an automobile with room for opening doors on both sides , together with
properly related access to a public street or alley and maneuvering room, but shall be located
totally outside of any street or alley right of way.
PAWNSHOPS: A. General: Establishments licensed by this code and engaged in the buying or
selling of new or secondhand merchandise, including minimal numbers of used autos, and
offering loans secured by personal property.
B. Auto: Exclusive. Auto pawnshops are those businesses dealing exclusively in offering
loans secured by automobiles, trucks, motorcycles, recreational vehicles, travel trailers and
similar vehicles , the storage of which requires one or more large parking areas. An auto
pawn dealer may sell unredeemed pawned vehicles; however, the auto pawn classification
does not include the sale of new vehicles unless auto pawn business is in conjunction with
and on the premises of a new vehicle dealership.
PERFORMANCE BOND OR SURETY BOND: 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.
PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including
photography, fine arts , crafts, dance or music studios , driving schools, riding academies
business and trade schools, and diet centers, reducing salons, and fitness studios.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to
the general public such as shoe repair, watch repair, barbershops, beauty parlors and similar
activities.
PERSONAL WIRELESS FACILITIES: Facilities necessary for the provision of personal
wireless services (i.e., towers, support buildings, etc.
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.
PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential
commercial and industrial uses developed under single ownership or control are
accommodated in a preplanned environment with more flexible standards , such as lot size and
setbacks, than those restrictions that would normally apply under these regulations.
PRIVATE ROAD: A road , street, alley, or bridge that is not laid out or established by the state
of Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and
accepted by such entity or used by the public for a period of not less than five (5) years and
worked and kept up by, at the expense the public during that period of time.
PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional
services as are provided by medical practitioners, lawyers, architects, engineers and similar
professions.
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PUBLIC SERVICE FACILITY: The erection, construction , alteration , operation or maintenance
of buildings, power plants or substations, water treatment plants or pumping stations , sewage
disposal or pumping plants 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 governmental
agency, 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.
RESEARCH ACTIVITIES: Research , development and testing related to such fields as
chemical, pharmaceutical, medical, electrical , transportation and engineering.
RESTAURANT: Any land , building or part thereof, other than a boarding house, where meals
are provided for compensation, including, among others, such uses as cafe, cafeteria, coffee
shop, lunchroom , tearoom , and dining room.
RESTAURANT (Drive In): A restaurant which primarily serves patrons in vehicles parked
outside the principal building. Patrons are served at the vehicle and these facilities typically
have no indoor seating. This use does not include restaurants with drive up window service.
RESTAURANT (With Drive Through): A restaurant, typically with indoor seating, which
includes drive up window service for ordering food to go.
RETAIL SALES: A. General: The retail sale of merchandise not specifically listed under
another use classification. This classification includes department stores, clothing stores, video
stores, and furniture stores, and businesses retailing the following goods: toys , hobby
materials, handcrafted items, jewelry, cameras , photographic supplies, electronic equipment
records , sporting goods, kitchen utensils, hardware, appliances, art antiques, art supplies and
services , paint and wallpaper, carpeting and floor coverings, office supplies, bicycles, and new
automotive parts and accessories , (excluding services and installation).
B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floor covering,
new automotive parts and accessories and similar uses.
C. Pharmacies And Medical: Establishments primarily selling prescription drugs, and
medical supplies and equipment.
RIDING ACADEMIES/STABLES: Establishments offering facilities for instruction in horseback
riding, including rings, stables, and exercise areas, and facilities for the care and exercise of
horses and related equestrian activities.
RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the
roadway, it normally incorporates the curbs, lawn strips, sidewalks , lighting and drainage
facilities, and may include special features (required by topography or treatment) such as
grade separation, landscaped area, viaducts and bridges.
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ROADSIDE STAND: A temporary structure designed or used for the display or sale of
agricultural and related products, the majority of which have been grown on adjacent land.
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.
SCHOOLS , PUBLIC OR PRIVATE: Educational institutions having a curriculum comparable to
that required in the public schools of the state of Idaho.
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) lineal 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.
SETBACK LINE: A line established by this title, generally parallel with and measured from the
lot line , defining the limits of a yard in which no building or structure may be located
aboveground except as may be provided herein.
SHOPPING CENTER: A group of commercial establishments, planned , developed, owned
and/or managed as a unit related in location, size and type of shops to the trade area the unit
serves. Shopping centers shall provide services for a neighborhood or for the community.
Neighborhood centers will typically be comprised of between thirty thousand to one hundred
thousand (30 000 - 100 000) square feet of gross leasable floor area and community centers
will typically be comprised of between one hundred thousand to four hundred fifty thousand
(100 000 - 450 000) square feet of gross leasable floor area.
SHOPPING MALL: A regional shopping facility comprised of many separate shops typically
with two (2) or more major anchors (usually full line department stores) with shops/major
anchors accessed mostly by indoor halls/walking areas. Outdoor access may be provided for
open air shopping malls. A shopping mall shall provide services for a regional area , as well as
the community, and will typically be comprised of between four hundred fifty thousand to eight
hundred fifty thousand (450 000 - 850 000) square feet of gross leasable floor area.
SIDEWALK: The portion of the road right of way outside the roadway which is improved for the
use of pedestrian traffic.
SIGN: A. Any device designed to inform or attract the attention of persons not on the premises
on which the sign is located.
B. Any identification, description , illustration , symbol, statue or device, illuminated or
nonilluminated , which is visible from any public place designed to advertise, identify or
convey information, including any landscaping where letters or numbers are used for the
purpose of directing the public s attention to a product or location, with the exception of
window displays and state or national flags.
1. Illuminated Sign: Any sign illuminated by electricity, gas or other artificial light including
reflecting or phosphorescent light.
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2. Lighting Device Sign: Any light, string of lights or group of lights located or arranged so
as to cast illumination on sign.
3. Off Premises Sign: Any sign unrelated to a business or profession conducted , or to a
commodity or service sold or offered , upon the premises where such sign is located.
4. On Premises Sign: Any sign related to a business or profession conducted, or a
commodity or service sold or offered, upon the premises where such sign is located.
5. Projecting Sign: Any sign which projects from the exterior of a building.
STOCKYARD, SLAUGHTERHOUSE, MEA TPACKING: An establishment maintained for the
use of slaughtering or maintaining stock or preparing or processing of products for human
consumption in order to prepare for sale to outlets.
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 vehicular and pedestrian 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, lane , place or other such
terms.
A. Access Street: A minor street which has the primary purpose of providing access to
abutting properties.
B. Alley: A minor street providing secondary access at the back or side of a property
otherwise abutting a street.
C. Arterial Street: Provides access from one part of the community to another and also
provides for the movement of vehicles through the community.
D. Collector Street: Accommodates circulation within and between neighborhoods.
E. Private Street: A street that is not accepted for public use or maintenance which
provides vehicular and pedestrian access.
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.
TOWER: Any ground or roof mounted pole, spire, similar structure, or combination thereof
with a "height", as defined by this title, in excess of fifteen feet (15'), including supporting lines
cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna
meteorological device, or similar apparatus above grade.
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TRADE FAIRS: Display and sale of goods or equipment related to a specific trade or industry
for a maximum period of seven (7) days.
TRAVEL SERVICES: Establishments providing travel information and travel reservations to
individuals and businesses. This classification excludes car rental agencies , and reservation
services that do not make travel arrangements as a primary function of their operation.
TRUCK STOP, SERVICE STATION: A filling station or business enterprise using the premises
primarily to sell and supply motor fuel, lubricating oils and greases to on premises trade
including large trucks as well as automobiles, including sale of tires, batteries , accessories and
related services. Major and minor motor vehicle repairs, as well as special services to
operators and drivers of trucks operating on an interstate basis provided.
USE: The specific purposes for which land or a building is designated , arranged , intended or
for which it is or may be occupied or maintained.
. VARIANCE: A modification of the requirements of this title as to lot size, lot coverage, width
depth, front yard , side yard, rear yard, setbacks, parking space , height of buildings or other
provisions of this title 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 the characteristics of the site and that the variance is not in conflict with the public interest.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming,
diagnosis and treatment of sick, ailing, infirm or injured animals , and those who are in need of
medical or surgical attention and may include overnight accommodations on the premises for
the treatment, observation and/or recuperation. It may also include boarding that is incidental
to the primary activity.
VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of
the proposed developments to other nearby developments or landmarks and community
facilities and services within the general area in order to better locate and orient the area in
question.
WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only, whether or
not along the side of a road.
WALL: A continuous structure designed to enclose an area to be the surrounding exterior of a
building.
WAREHOUSIN~ AND STORAGE: A. Limited: Provision of storage space for household or
commercial goods within an enclosed building without direct public access to individual storage
spaces. This classification includes facilities with a maximum of five thousand (5 000) square
feet of gross floor area , but excludes wholesaling, distribution and storage, ministorage and
vehicle storage.
B. Ministorage: Provision of storage space for household or commercial goods within an
enclosed building with direct public access to individual storage spaces. May include
vehicle storage to a maximum of twenty percent (200/0) of the site. Where greater than
twenty percent (200/0) of the site is allocated to vehicle storage, the vehicle storage must be
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treated as a separate use.
WHOLESALING DISTRIBUTION AND STORAGE: Storage and distribution facilities without
direct public access.
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.
A. 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.
B. 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.
C. 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.
D. 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. (Ord. 298 , 10-14-1997; amd. Ord. 378, 9-18-
2001; Ord. 405 , 1-23-2002; Ord. 422, 4-23-2002)
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3: SCHEDULE OF DISTRICT USE REGULATIONS:Page 1 of 8
3: SCHEDULE OF DISTRICT USE REGULATIONS:
District regulations shall be as set forth in the official schedule of district regulations, in the
performance standards in ~~r:~. of this title, and as otherwise provided within this code.
The official schedule of district regulations is divided into five (5) land use groups: agricultural
residential , commercial, industrial, and public/semipublic. To determine in which district a
specific use is allowed:
A. Find the use in one of the land use groups;
B. Read across the chart until either "P" or "C" appears in one of the columns; and (Ord. 298
10-14-1997)
C. If "P" appears, the use is an allowed use; if "c" appears, the use is only allowed upon the
issuance of a conditional use permit and/or a development agreement upon rezone to an
MU or BP zoning designation; if no letter appears the use is prohibited.
The administrator shall interpret the appropriate district for land uses not specifically mentioned
by determining the district in which similar uses are permitted. If the administrator determines
that a proposed use is not specifically mentioned and is not similar to any specifically
mentioned use the administrator shall determine that the use is prohibited. When several
combined land uses exist, or are proposed, the most intensive land use shall be considered as
the primary activity.
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
(P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use)
LAND USES DISTRICTS
A A- R- R L- C- C- C- C- CBD M- BP M- M- PS
O A
AGRICUL TURAL
Agricultural and forest Dairy farm Farm
Farmer s markets
outdoor)
Feedlot and stockyard C
Horticulture (general)
Horticulture (limited)
Roadside stand
(temporary structure)
Turf and/or tree farm Vineyard
P P P P
P P P P P
P P P P P P
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RESIDENTIAL
Apartment C C
Boarding or lodging C C
house or dormitory
Home occupation P P P
Mobile home (single
unit) (primary
residence)
Mobile home (sif"!gle C C C
unit) (temporary living
quarters)
Mobile home court C C
(RV)
Mobile home park
Multi-family dwelling P C
Planned unit C C C C C C C C C
development
Single-family dwelling P P P
Two-family dwelling
COMMERCIAL
Adult business
Airport
Ambulance services C P
Animal shows or C P
sales
Artist studios
. p
Arts and crafts shows
Auction facility
Automotive body shop
Automotive gas C P
station or fuel islands
Automotive gas
station/ service shop
Automotive , mobile C P
home, travel trailer
and/or farm
implement sales
Automotive repair
Automotive storage
Automotive washing C P
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3: SCHEDULE OF DISTRICT USE REGULATIONS:Page 3 of 8
facility
Bakery plant
(wholesale)
Banks/financial
institutions (no drive
up service)
Banks/financial C p C C
institutions (with drive
up service)
Bar C C C C
Beauty/barber shop C C C
Bed and breakfast C C
facility
Building supply outlet C C
Cabinet shop
Catering service
Cemetery C C C C C C
Childcare Daycare C C C C C C C
center
Family p P P
Group C C C C C C C
Christmas tree sales
Church C C C
Circuses and
carnivals
Clinic
Club or lodge
Commercial C P
entertainment
facilities (indoor)
Commercial
entertainment
facilities (outdoor)
Communication
facilities
Convenience store C p
with fuel service
Convenience store C C C
with no fuel service
Detention facilities
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Drive in theater e e
Drugstore e p
Electronic sales
service , or repair shop
Emergency health e p
care
Emergency services e p
p p
Equipment rental and C e
sales yard
Flex space
Food and beverage
sales
Hardware store
Health clubs, spas
p p
weight reduction
salons
Heliports
Home and business
p p
services
Hospital C P
Hotel
Institution
Kennel C e e c e c
Laboratories
Laundromat
Laundry (with drive up e p p
service)
Laundry (with no drive C p
up service)
Live entertainment e p
events
Massage spa e e c e
Mobile office e e e e e
Mortuary
Motel
Nonprofit
rehabilitation center
Nursery, plant e e e
materials
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3: SCHEDULE OF DISTRICT USE REGULATIONS:Page 5 of 8
Nursing/convalescent C C C C C C C
home
Office, business and
professional
Parking lot, parking
garage
Parking lot, parking P P C P
garage, commercial
Pawnshops (auto)
Pawnshops (general)C C
Personal P P
improvement
Personal services
Personal wireless P P P P P
facilities (height-
feet or less)
Personal wireless C C C C C
facilities (height-over
35 feet)
Photographic studio P P
Printing and/or P P
blueprinting
Professional activities
p p
Restaurant (drive in)P p
Restaurant (no drive C C P P
thru)
Restaurant (with drive P P
thru)
Retail sales (general)C P
Retail sales (limited)P P
Retail sales P P
(pharmacies and
medical)
Riding C C
academies/stables
Shop, contractors C p
(and/or yard)
Shopping center C C C P
Shopping mall C C P
Sign shop, including P P
painting
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3: SCHEDULE OF DISTRICT USE REGULATIONS:Page 6 of 8
Small engine repair C p
(mower, chainsaws
etc.
Storage (enclosed
building)
Storage (fenced area)C C C C C
Street fair
Tire shop, including
recapping
Trade fair
Travel services
Truck stop C P
Upholstery shop p P P C
Vet clinic (animal C C C P P P
hospital)
Welding, tool shop
Woodworking shop
INDUSTRIAL
Asphalt plant
Automotive wrecking
yard or salvage
Beverage bottling
plant
Billboard manufacture
Cement or clay
products
manufacturing
Chemical storage and
manufacturing
Concrete batch plant
Dairy products
processi ng
Food processing plant
Fuel yard
Grain storage
Ice manufacture , cold
storage
Industry
Custom
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3: SCHEDULE OF DISTRICT USE REGULATIONS:Page 7 of 8
Limited
Research and
development
Junkyard
Lumberyard, retail
Machine shop
Manufacturing,
furniture
Mobile home
manufacturing
Monument works
stone
Petroleum storage
Planing mill
Public utility yard
Railroad yard or shop
Recycling operation
Rendering plant
Research activities
Sand or gravel yard
Sanitary landfill
Stockyard
slaughterhouse;
meatpacking
Terminal yard
trucking
Truck and equipment C C
repair and sales
(heavy)
Warehousing,
wholesaling plant
Wood processing
plant
PUBLIC/SEMIPUBLIC
Golf course and C C C C
related services
Government building,
i"""""II \.It:;"
Library C C
Museum C C
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3: SCHEDULE OF DISTRICT USE REGULATIONS:
Park and recreation
facilities
Public service
facilities
School, public or
private
(Ord. 298 , 10-14-
1997; amd. Ord. 325
25-1998; Ord. 334
1998; Ord. 357
25-2000; Ord. 368 , 3-
21-2000; Ord. 373
12-12-2000; Ord. 405
23-2002; Ord. 422
23-2002)
e e e e e c
e e e c c c e
e c e e c c e
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Page 8 of 8
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2A-6 2A-
whichever the case may be, to determine the appropriateness of
such material.
1. Exterior walls and soffits:
a. Wood: cedar (clear) and redwood (clear) - architectural/premium grade. Log siding, wood shingle are permitted for accent
only, twenty five percent (25%). maximum wall coverage (per each
facade) ;
Synthetic board and bat sidings are permitted as accents only.
Plywood is prohibited.
b. Fiber cement;
c. Masonite: horizontal lap only, maximum six inch (611) reveal;
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
e. Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
g. Masonry: brick, natural rock/stone, synthetic stone, decorative
block. Smooth face block for accent only, ten percent (10%)
maximum wall coverage (per each facade);
h. Stucco: twenty five percent (25%) planer change required,additional accents shall be incorporated through the use of other
material(s);
i. EIFS: permitted for accent only, ten percent (10%) maximum
wall coverage (per each facade). Additional accents required through
the use of other materials;
j. Additional encouraged material: exposed beams, fabric
awnings, cornices/dentils, shutters, dormers, cupolas, columns;
k. Metal:metal siding shall be anodized, shall have a concealed
fastener system , shall have a silicon polyester finish or equivalent,and shall include special design treatments to enhance itsappearance. These treatments may include brick or masonrywainscot treatments along exterior walls and accent colored metals.
March 2004
City of Eagle
8-2A-6 2A-6
Metal siding is prohibited on the portion of any building facing a
road. This includes sections within the front facade that may be
perpendicular to the road but within the face of the building oriented
towards the road.
A waiver of this subsection B1 k. on metal siding may be allowed
where the applicant shows that the metal is architecturally
compatible with surrounding buildings; is architecturally compatible
with other nonmetal buildings in the city; and is attractively
landscaped, designed, and situated, to eliminate the stark utilitarian
look intended to be prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection
B1 k, metal siding shall be prohibited in the DDA, TDA, CEDA design
review overlay district areas.
2. Roofs:
a. Wood shakes/shingles: premium on number 1 grade;
b. Architectural grade textured composition shingles;
c. Tile: cemetitous, clay;
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d. Slate;
e. Metal; standing seam, batten seam (concealed fasteners
requ ired);
Metal, standing seam/batten seam is prohibited on mansard roof
sections facing a road.
f. Flat roof specification: single ply, built up (both nonreflective).
3. Fences:
a. Vinyl: integrai coior required;
b. Block (with columns);
c. Brick (with columns);
d. Wrought iron;
March 2004
City of Eagle
8-2A-6 2A-6
c. Existing and proposed storm drainageways, canals, floodwayand floodplains relative to flow or alignment alterations, containment
and endangerment of health; and
d. The maintenance of floodway, floodplains , drainagewayschannels, culverts, head gates, canals, and soils.
4. Signage: Signing for any project shall provide for businessidentification and minimize clutter and confusion on and off the siteand shall be in compliance with section 8-2A-8 of this article and thecurrent edition of the uniform sign code adopted by the city. Thedesign review board shall consider:
a. The "overall sign concepe for multitenant business centers toassure that it addresses the continuity between tenant sign design
and building design;
b. The reduction of hazards to motorists bicyclists and
pedestrians as may be caused by or partially attributable to thedistraction and obstruction of improperly located and designed signs;
c. The provision for effective ~nd necessaryidentification systems adapted to the building design;business
d. The continued maintenance of sighs throughout their life; and
e. The size location, design, . color, texture lighting,landscaping., and hours of operations of all permanent signs and
outdoor advertising structures or features to ensure that any suchproposals do not detract from the function of, or design of, buildings,structures , surrounding properties, neighborhoods, or streets.
5. .Utilities: Utility service systems shall not detract from building orsite design. Cable, electrical, and telephone service systems shall be
installed underground , and the design review board shall consider:
a. Size and iocation of aU service systems for appropriateappearance and maintenance accessibility;
b. The location and design of transformers, pad mount and roofmounted mechanicals and electrical equipment shall be reviewedand approved by the design review board. All roof mountedmechanicals shall be completely screened from view through the use
of a parapet wall, when utilizing a flat roof design or. shall beenclosed within the building when utilizing a roof design other than a
. March 2004
City of Eagle
8-2A-6 2A-
flat roof. "Screened from view" shall mean "not visible " at the same
level or elevation of the parapet wall (e.g., the perspective generallyas shown on an elevation plan);
c. The location and sizes of all utility lines, manholes, poles,
underground cables, gas lines, wells, and similar installations; and
d. The continued maintenance of these service systems.
6. Building Design:
a. Building Mass: The mass of the building shall be reviewed forits relationship with existing development in the immediate
surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new
structures shall be compatible and consistent with the architectural
character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the
building shall provide interest through the use of such features asbalconies, bays, porches, covered entries, overhead structures,awnings, changes in building facade and roofline alignment, to
provide shadow relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review boardshall determine the appropriateness of materials as they relate
building mass, shadow relief, and existing area development. Use of
color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed
building design as it relates to the proposed use shall be considered;
and
e. Allowed Architectural Styles: The architecture styles providedin the EASD book are approved examples for applicants to follow\!'.h...... """"'
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Architectural Requirements, Building Materials, Fence And
Deck/Patio Materials, Colors, And Architectural Appurtenance Height
Limitation: Unless specified as prohibited herein , materials listed in
this section are allowed. If a material proposed for construction is notlisted in this section it shall be upon the discretion of the zoning
administrator, the design review board, and the city council,
March 2004
City of Eagle
8- 2A-6 2A-6
ment will provide a desirable environment for its occupants as wellas for its neighbors, and whether, aesthetically, the compositionmaterials, textures and colors meet the intent of this article. The
design review board shall consider the following criteria in reviewing
the application:
1. Site Design Objectives: The site plan design shall minimize impact
of traffic on adjacent streets, provide for the pedestrian, and provide
appropriate, safe parking lot design.
, a. The functional relationship of the structures and the site inrelation to its surroundings;
b. The impact and effect of the site development plan on trafficconditions on contiguous streets and adjoining properties orneighborhoods;
c. The site layout with respect to separation or integration ofvehicular, pedestrian and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilitiesrelative to access points, building location and total site development
to prevent traffic conflict or congestion;
e. The location, arrangement and dimensions of truck loadingramps, docks , and bays and vehicle service facilities;
f. The access, parking lot, and interior roadway illuminationplans and hours of operation;
g. The required driver, pedestrian and bicycle sight distancerequirements of the project and their relationship to adjacent streets
driveways and properties;
h. The coordination of the site development with planned right ofway alignments, acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid
confusion, congestion and conflicts;
j. The continued maintenance of traffic, parking and lightingsystems;
k. The protection of views and vistas in relation to urban designand aesthetic considerations; and
March 2004
City of Eagle
8-2A-6 2A-6
f. The provision of safe pedestrian and bicycle connections
between neighborhoods and commercial areas.
2. Site Landscaping: The site landscaping shall minimize impact on
adjacent properties through the proper use of screening with soundand sight buffers, and unsightly areas shall be concealed orscreened and the design review board shall consider:
a. The location, height, and materials of walls, fences, hedges
and screen plantings to ensure harmony with adjacent development;
b. The location and type of new plantings, with due regard to
preservation of specimen and landmark trees, and to maintenance of
all plantings;
c. The providing of screen plantings or other screening methodsreasonably required to conceal outdoor storage areas, trash
receptacles, service areas, truck loading areas, utility buildings and
other unsightly developments;
d. The installation of sound and sight buffers, the preservation of
public views, light and air, and the consideration of those landscape
aspects of design which may have substantial effects on neighbor-hood development, land uses, and amenities;
e. The design and use of open spaces and parks; and
f. The permanent maintenance of all landscaped areas and
fencing.
3. Site Grading And Drainage: The on site grading and drainageshall be designed so as to maximize land use benefits and to
minimize off site impact and provide for slope and soil stabilization to
prevent erosion and the design review board shall consider:
a. The existing and proposed grading relative to soil removal, fill
woik, ietainage, soil stabilization, erosion control on the site and the
adjacent terrain and streets, and adoption of the development to the
existing site contours;
b. The planting of ground covers or shrubbery to prevent dust, to
stabilize soils and embankments and to control erosion;
March 2004
City of Eagle
8-2A-3 8-2A-5
particular site, setting, or use to be of historical significance. (Ord. 462,
11-11-2003)
2A-DEFINITIONS: Certain words or phrases used in this article
shall be interpreted as defined within a particular section, as defined within this article, or as defined in section 8-2 of this title, with themore specific and/or more restrictive definition controlling. Any other words
or phrases not specifically defined shall be interpreted to give this article its
most reasonable application. (Ord. 462, 11-11-2003)
2A-DESIGN REVIEW OVERLA Y DISTRICTS; EAGLE
ARCffiTECTURE AND SITE DESIGN BOOK (EASD):
Area Of District: The design review overlay district encompasses the
entire city limits including any land annexed into the city after thedate of adoption hereof.
Proposed Developments: Any proposed development located within
the design review overlay district shall be harmonious with and inaccordance with the general objectives and with any specificobjective of the comprehensive plan.
Areas Of Development:. There are four (4) specifically defined areas
of development within the design review overlay district. The generalpurpose of each of those areas are described below. Any develop-
ment which meets the criteria for design review, as set forth in this
article, that is not within the specific areas described below, shall be
required to comply with the general requirements of this article and
not the specific requirements for the DDA, TDA, CEDA, and DSDA:
1. Downtown Development Area-DDA: The purpose of the DDA is to
establish a distinct area regulated to fulfill the vision of the citycomprehensive plan and to provide for activities conducive to a
compact and concentrated downtown commercial center.
2. Transitional Development Area- TDA: The purpose of the TDA is to
provide areas for public parking and service to the DDA and serve as
an area for future expansion of the DDA as market demands grow.
. 3. Community Entry Development Area-CEDA: The purpose of theCEDA is to fulfill the vision of the city comprehensive plan by
providing a sense of entry into Eagle and transitional development
into the DDA.
March 2004
City of Eagle
March 2004
2A-5 8-2A-6
4. Dunyon/State Development Area-DSDA: The purpose of the
DSDA is to allow unique regulations specific to this district to
facilitate the redevelopment of the area.
Where any parcel lies within more than one development area
described above, the entire parcel shall be considered to be within
the development area with the more restrictive requirements.
However, the development of a parcel located within more than one
development area may be permitted using the criteria from - each
-respective district provided the design review board determines that
the more restrictive criteria is not compromised and that the
development is in harmony with the adjacent properties.
Area Boundaries: The DDA, TDA, CEDA and DSDA are delineated
on the map (exhibit A-1) included as part of EASD book.
Eagle Architecture And Site Design Book-EASD: The purpose of the
EASD book is to show, through the use of pictures and text, specific
period architectural styles, themes, and elements envisioned through
the requirements of this article. The EASD book, established through
resolution of the city council and as may be amended, through
future resolution(s), contains all exhibits referenced in this article and
is incorporated herein by reference. However, exhibit A-1 may onlybe modified through an ordinance amendment. The architecture
styles found in the EASD book are permitted styles. Architectural
styles not shown within the EASD book will not be considered. A
copy of the EASD book is available at Eagle city hall. (Ord. 462,
11-11-2003)
2A-6:REQUIREM1i'.N"T~ ORJECTIVE CON
..... ....... ... ... .....-.-... . ........, .......- .... ......... .....-- ...
ATIONS:
General Objectives And Considerations: The following apply to the
entire design review overlay district including the DDA, TDA, CEDA,
and DSDA. Additional requirements for the DDA, TDA, CEDA, and
DSDA are set forth in subsections C through G. of this section and, to
the -extent there is a conflict with this section, the requirements for
the DDA, TDA, CEDA,. and DSDA shall control. The following,
including the provisions set forth in the Eagle architecture and site
design book, contains a listing of objectives applied to each
application, and a listing of matters which shall be considered by the
design review board. The objectives are separated into two (2)
sections: site design and building design. Specific aspects of design
should be examined to determine whether the proposed develop-
City of Eagle.. .dU".
Case No. IPC-O4-
Exhibit 136
Facilities map
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Case No. IPC-O4-
Exhibit 137
Eagle Planning and Zoning
Meeting Minutes
December 4, 1995
EAGLE PLANNING AND ZONING MEETING MI
December 4, 1995
The Eagle Planning and Zoning Commission met in regular session onDecember 4, 1995. Chairman BRADLEY presiding.
The following members were present:
RUSSEL MAYER , COLLEEN MAILE.
BERT BRADLEY,DONALD BRINTON,
Moved by BRINTON and seconded by MAILE to approve the minutes of
the November 2 a , 1995, meet ing as corrected.
Page 3, item 3 "objections " to the comprehensive plan is to becorrected to "obj ect i ves
" ,
Page 2 , Datter should read Dater
ALL AYE:MOTION CARRIED.
PUBLIC HEARING/Idaho Power-CUP
Chairman BRADLEY announced this was the time and place for a publichearing regarding the application made by Idaho Power for
Conditional Use Permit.
Applicant:Proposal:Location:
Idaho Power
Upgrade the substation
E. State St. (Across from City Hall)
Susan Grey, Idaho PowerJohnston, Architect.representative,introduced Blaine
Blaine Johnston: Described the landscaping plans.
David Sikes: Electrical Engineer for Idaho Power outlined theupgrading schedule. He said upgrading is needed for about every10, 000 new resident population increase. A new facility may be
upcoming in the future to the west of town.
. none
INTON asked the representatives to talk to Don Crawfo about a
landscaping screening along the property line and recomme ded more
screening type landscaping. MAILE suggested any furth upgradingin the future at this location should not b ~dered. Idaho
ower should look for ano
The public hearing closed at 7: 50 p.
Moved by BRINTON and seconded by MAYER to approve the CUP with the
following conditions: 1. Consult with Crawford. 2. Additional
screening in landscaping.
AYE: MAYER, BRINTON.NAY: MAILE.ALL AYE: MOTION CARRIED.
, ..
EAGLE PLANNING AND ZONING MEETING MINUTES
December 4,. 1995
The Eagle Planning and Zoning Commission met in regular session onDecember 4 , 1995. Chairman BRADLEY presiding.
The following members were present:
RUSSEL MAYER , COLLEEN MAILE.
BERT BRADLEY,DONALD BRINTON,
Moved by BRINTON, and seconded by MAILE to approve the minutes of
the November 20 1995 meet ing as corrected.
Page 3, item 3 "objections" to the comprehensive plan is to becorrected to "obj ecti ves
" ,
Page 2 , Datter should read Dater
ALL AYE:MOTION CARRIED.
PUBLIC HEARING/ldah~ Power-CUP
Chairman BRADLEY announced this was the time and place for a publichearing regarding the application made by Idaho Power for Conditional Use Permit.
Applicant:Proposal:Location:
Idaho Power
Upgrade the substation
E. State St. (Across from Ci ty Hall)
Susan Grey, Idaho Power
Johnston Architect.representative introduced Blaine
Blaine Johnston: Described the landscaping plans.
David Sikes: Electrical Engineer for Idaho Power outlined theupgrading schedule. He said upgrading is needed for about every
10 000 new resident population increase. A new facility may beupcoming in the future to the west of town.
Testimony: none
/hA
-"
BRINTON asked the representati
~f~ talk to Don Crawford about alandscaping screening along th prope ty line and recommended morescreening type landscaping. suggested any further upgrading
should not be considered. daho Power should look for anotherloca t ion.
The public hearing closed at 7: 50 p.
Moved by BRINTON and seconded by MAYER to approve the CUP wi th thefollowing conditions: 1. Consult with Crawford. 2. Additional
screening in landscaping.
AYE: MAYER, BRINTON.NAY: MAILE.ALL AYE: MOTION CARRIED.
.' .
UNFINISHED BUSINESS:
Findings of Fact and Conclusions of Law/Falling Waters
Moved by MAILE and seconded by BRINTON to continue this topic until
the next regularly scheduled meeting. ALL AYE: MOTION CARREID.
Downtown Development - Recommendation of RFP' s:
The topic was explained to the Commission by Joe ' SchreiberChairman of the Downtown Development Committee. The selection wasJenson Bel ts
" .
Council Report: Mary Berent
The Commissioners will meet on January 22, 1996 as both regularmeeting dates in January are holidays. They would like to discuss
the comprehensive plan at that time.
There being no further business the meeting adj ourned at 8: 35
Respectfully submitted:
BARBARA MONTGOMERY
EAGLE CITY CLERK APPROVED:
CHAIRMAN BERT BRADLEY
Correspondence with Black & Veatch
Case No. IPC-O4-
Exhibit 138
~.; :;' .:: '
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Mayor: Nancy C. Merrill CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939~6813
Council: Stanley J. Bastian
Steve Guerber
Scott Nordstrom
Lynne Sedlacek
February 3, 2003
Black & Veatch
Attn: Dave Pleskac
4004 Kruse Way Place, Suite 200
Lake Oswego, Oregon 97035
RE:Request for Engineering Services
The City of Eagle is currently requesting engineering and cos~ analysis services related to theconstruction of high voltage transmission lines. In particular, the City currently has pending before the
Planning and Zoning Commission, an application for a 138K v line approximately two and one-half(2.5) miles in length that will parallel a scenic corridor within the city limits.
We would like to retain an individual or firm to review the cunent application and advise the City ofEagle on the following issues:
1. Is it feasible to place the line underground and at what cost? What would be the least expensive
route?
2. What are designt location and maintenance concerns with placing a high voltage transmissionline underground?
3. Is the cost estimate provided by Idaho Power Company for the above ground line reasonable?
4. What is the best alternative to an underground line, i.e. the least visually obtrusive route?
5. For an overhead line, identify the best materials available to diminish the visual effect of the
line.
6. Other issues that you may deem relevant regarding this issue.
As a part of your analysis , you will likely be asked to appear before the Planning and Zoning
Commission on at least one occasion to present your findings and respond to questions by theCommission.
;, .
If interested, please provide a proposal for the engineering services required to address the above
noted criteria on or before February 28, 2003. As part of the proposal, please indicate the
approximate timeframe necessary to complete your study addressing items 1-6 above.
We understand that due to the nature of this project, multiple phone conversations with the
planning and zoning staff may be necessary. Please feel free to contact myself or Jeff Lowe at 208-
939-0227 with any questions you may have.
Sincerely,
U/~
;-.~
William E. Vaughan, AICP
City of Eagle Zoning Administrator
Attachments: vicinity map of project area
Cc:Mayor Merrill
City Council Members
Layne Dodson, Idaho Power
Page 1 of 1
Jeff Lowe
From:
To:
Cc:
Sent:
Subject:
Aggeler, Ted R." ~AggelerTR~bv.com~
~jlowe (Q) rmcLneb
.:::carroll (Q) rmcLneb
Monday, April 07, 2003 10:58 AM
Idaho Power Eagle - Star 138kv Line
Thanks for the great news that Black & Veatch has been selected to evaluate
Idaho Power s plan to construct the new Eagle - Star 138kv overhead
transmission line. As we discussed, the first thing we need to do is get a
contract signed so that I can start work and I understand the you have
forwarded the agreement I sent for review. The following is some
infornlation that I would like to get from Idaho Power to malce the most
our work.
To evaluate the study area as a potential location for an underground route:
1. Eagle - Star 138kv Line ampacity requirement
2. Special requirements for UG transmission lines on the Idaho Power system
such as duct bank r~quirements , minimum burial depth or access requirements.
To evaluate the Idaho Power overhead line cost estimate:
3. Description of the line; average span length, average structure height
structures type, conductor size, mechanical loading requirements and
applicable design criteria.
As I indicated in our proposal, I am available to meet with Idaho Power to
discuss these requests either at the time of my first meeting with you or byconference call.
Please let me know if you have questions or comments.
Thanks again for selecting Black & Veatch and I look fornard to working with
you and your associates.
Ted Aggeler
Black & Veatch Inc.
11401 Lamar
Overland Park, KS 66211
Office: [phone]
Mobile: [phone]
Fax: [phone]
E-mail: aggelertr0Jbv.com
, ,- - .~-
Mayor: Nancy C. Merrill CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939,6813
Council: Stanley J. Bastian
Steve Guerber
Scott Nordstrom
Lynne Sedlacek
May 7 2004
Black & Veatch Corporation
Attn: Ted Aggeler
11401 Lamar Ave.
Overland Park, KS 66211
RE:Idaho Power Sub-transmission Line Alternative Assessment Study prepared by Black & Veatch
for the City of Eagle, Idaho
Mr. Aggeler
Idaho Power Company has filed a complaint with the Idaho Public Utilities Commission (PUC)
regarding the City of Eagle s denial of a requested 138-kV line transmission line with the city limits of
Eagle. The City of Eagle has been requested by the PUC to provide certain documents to the PUC for
their review in this matter, including a copy of the alternative assessment study prepared by your finn
(a copy of which already has been provided). The City requests that you provide any work papers
notes, and calculations that Black & Veatch used to prepare the aforementioned study. Please fax the
documents to 1.208.938.3854.
Thank you for your time.
Please feel free to contact me at 1.208.939.0227 with any questions you may have.
Planner n
City of Eagle
Cc:Mayor Menill
City Council Members
Page 1 of 2
Jeff Lowe
From:
To:
Sent:
Subject:
Aggeler, Ted A.II -:::AggelerTA~bv.com~
-:::jlowe ~ rmcLneb
Friday, May 02, 2003 5:55 PM
Agenda
The following is intended to identify some things I would like to discuss
with you and Idaho Power next week during my visit to help get a good start
on the evaluation we will be perfonning for you.
First I would like to meet with you and your associates to introduce myself
and give you a brief introduction to Black & Veatch. During our meeting I
would also like to gain understanding of as much history associated with the
proposed transmission line as it relates to the City of Eagle. With this
discussion I intend to identify the City s concerns with the project so that
our evaluation is focused on your questions and concerns. For example, it
has not been discussed but I am assuming that portions of the route are more
sensitive than others.
Also I would like to meet with Idaho Power to gain understanding of their
policies relating to underground subtransmission lines and also to establish
a basis for their cost estimate. Specifically I have identified the
following issues that I need to understand in order to properly evaluate
conditions for constructing, operating and maintaining an underground line
In your area.
1. Identify the ultimate subtransmission system arrangement. How will the
. new line to the Star Substation be connected to the existing subtransmission
system in the Eagle area? Will the connected to the Eagle Substation
directly by reconstructing a portion of the existing line to accommodate a
second circuit or will it connected by tapping the existing circuit outside
of the substation?
2. Will introduction of a cable system in a portion of the new overhead
line have an impact on how Idaho Power intends to operate and maintain the
new line? Some issues that may be involved are control and protective
relaying and circuit breaker rec10sing.
3. What are the Idaho Power design requirements for underground cable
systems?
4. What are the continuous and emergency CUlTent ratings for the new Eagle
- Star subtransmission line?
5. From Idaho Power s prospective, are there any schedule or pennitting
issues associated with constructing a cable system in a portion of the new
Eagle - Star subtransmission line. Does the study area contain
jurisdictional wetlands or sensitive cultural resource areas?
6. In order to evaluate the cost estimate for the overhead line we will
5/5/03
, :
Page 2 of 2
need the design criteria for the overhead line including the average span
length, right-of way width, general description of the soil properties along
the route and the conductor size.
These items listed above identify the type of infonnation we will be
requesting. If some of this infonnation is not available then I think we
can discuss the issue and agree on a basis to move forward with the
evaluation.
I look forward to working with and want to again thank you again for the
opportunity. I will be calling you next week to detennine what time you
want to meet on Wednesday.
Ted Aggeler
Black & Veatch Inc.
11401 Lamar
Overland Park, KS 66211
Office: [phone]
Mobile: [phone]
Fax: [phone]
E-mail: aggelertr(g)bv.com
HOLLADAY
ENGINEERING CO.
MEMORANDUM
.",
RECEIVED & FILEDCITY OF EAGLE
MAR 2 f 2003
File:
Rou to: -W' ~DATE:March 21 , 2003
TO:Mayor Merrill and Council
City of Eagle
FROM:Vernon Brewer, Proj. Mgr.
RE:Recommendation on City' sRequest for Proposals
Eagle-Star 138 kV Sub-Transmission Line Analysis: Ref. No. EGO30803
We have reviewed the responses to the Request for Proposals for the Transmission Line Analysis
dated February 5, 2003. Three Proposals were received by the deadline of February 28. They
were evaluated for responsiveness to the City s specific issues of concern, general application of
professional judgement in assessing those concerns, and communication clarity.
In the order listed, we recommend that the City pursue negotiation of contract for services.1. Black and Veatch2. EES3. Acres International
If you have any further questions or if issues arise in the development of the analysis , please
contact Ken Rice, P.E. or myself on this project.
RECEIVED & FILED
CITY OF EAGLE
11401 Lamar Ave
Overland Park, Kansas 66211 USA
BLACK & VEATCH
FIr",
la~caRa*h Construction, Inc.
FEB 2 8 2003
Tel: [phone]
Fax: [phone]
City of Eagle, Idaho
Engineering and Cost Analysis
Eagle-Star 138 kV Sub-Transmission Project
B&V File 11.0200
February 28, 2003
Overnight Mail
City of Eagle
William E. Vaughan
31 0 E. State St.
Eagle , Idaho 83616
Subject:Proposal for Engineering and Cost
Analysis Services
Gentlemen:
Black & Veatch (B& V) is pleased to submit this Proposal for providing Engineering and Cost
Estimating Services in support of the Planning and Zoning Commission s review of theapplication for permitting of the Eagle-Star 138 kV Sub-Transmission Project. This
Proposal has been prepared in accordance with the City of Eagle s request for proposal
dated February 3, 2003.
To provide the services requested Black & Veatch proposes to have an initial meeting with
the City of Eagle in the City s offices. During this meeting we intend learn the current
issues associated with the project and to fully define the City s needs and desired outcomesof the Engineering and Cost Analysis services. During the trip for the initial meeting we will
also review the study area and proposed routes. Also at the time of the initial meeting wepropose either a meeting or teleconference with Idaho Power Company for the purpose ofcoiiecting information defining the characteristics and design criteria of the proposed lineand to collect available design standards or requirements for underground sub-transmissionlines in the Idaho Power Company System. Thi~ information is necessary to evaluate the
cost estimate for the overhead line and for preparation of an estimate for an equivalentunderground system.
After the initial meeting Black & Veatch will prepare a study report which will address thefollowing:
1 ~ Feasibility to construct and operate and underground line in the study area.
2. Cost estimate for an underground line in the study area based on the lowest cost
route alternative.
3. Design, location, and maintenance concerns, benefits and other issues associated
with underground sub-transmission lines.4. Evaluation of the Idaho Power Company s overhead iine cost estimate for the
Eagle-Star Line.
building a world of differenceTM
Mr. William E. Vaughan
Page 2
February 28, 2003
5. Evaluation of the least visually obtrusive overhead line routes within the study area.
6. Overhead line materials used to diminish the negative visual impact of an overhead
line.
7. Other issues deemed relevant during the initial meeting or during our study period.
After completion. of the report Black & Veatch will submit copies of the report to The City
Eagle for review. Black & Veatch meet with the City in the City s offices for a formal
presentation of the study report. During this second trip to the City it is anticipated that
Black & Veatch will take part in a meeting with the Planning and Zoning Commission for a
formal presentation of the study report and for responses to questions regarding the study.
After this second trip Black & Veatch will revise and reissue a final report to the City as
appropriate to address comments from the City of Eagle.
We propose our Senior Transmission Engineer, Mr. Ted Aggeler to perform the services
described in this proposal. We have attached a copy of his resume for your review. Black
& Veatch has extensive experience in the design and construction of overhead and
underground transmission projects. We have also attached a copy of our experience list for
underground transmission lines.
The price for the proposed services is $17,400. This price includes the costs for two trips to
your offices for meetings and field review. It is anticipated that each trip will require two
days. The price for additional trips that are requested by the City of Eagle is $2 850. This
price includes labor cost and expenses associated with a 2 day trip.
Black & Veatch is available and ready to begin performance of the services upon receipt of
your notice to proceed. We can be available for the first meeting within 10 days of receipt
of your notice to proceed. We anticipate the initial report submittal to occur 3 weeks after
the initial meeting. Black and Veatch will be available for a second meeting at The City'
request following 1 week for scheduling. The final report will be revised and submitted 2
weeks after the final meeting.
For your convenience we have also attached a proposed contract to be used for execution
of the services for your review and comment.
Mr. William E. Vaughan
Page 3
February 28
, .
2003
Please let us know if you have any questions concerning this Proposal by contacting me at
phone umber 913-458-7328 or Mr. Ted Aggeler at telephone number 913-458-2534.
Thank you for your consideration of Black & Veatch.
Very Truly.Yours
BLACK & VEATCH CORPORATION
. ---.
John Rector
Project Manager
naw
Enclosure
cc: Mr. Ted Aggeler B&V
Mr. J. S. Rector - B&V
(Note: All with copy of enclosure)
Project Experience:Year Project I Client
2002-Present 230 kV Double Circuit Cable
System
Infrasource
Specialization:
Background:
Responsibilities:
Ted R. Aggeler
Black & Veatch
Engineering Manager
Electric Transmission Line Design
Ted R. Aggeler is a Transmission Engineer experienced in the fields of overhead and
underground electrical transmission line design. He is responsible for all aspects of
project implementation, including initial proposal development, planning, scheduling,
overhead and staff administration. He has extensive experience in the design and
construction management of electric transmission lines ranging in voltage from 69
through 500 kV. His responsibilities have included routing feasibility studies
preparation, expert witness testimony for pennitting, surveying, right-of-way
acquisition, conceptual and detail design including development of procurement arid
construction specifications, material procurement and testing, and construction
management.
Location
California
Position
Engineering Manager
Project No.
132254
Engineering Manager responsible for pennitting and detail design of a 6.0 mile underground 230 kV double circuit transmission line within the Cities of Livennore and Pleasanton, California, owned by .Pacific Gas & Electric. Scope of Work included pennitting, detail centerline selections and design,development of material procurement specifications and drawings and construction specifications and
drawings.
2001-2002 98874
Responsibilities:
115 kV Double Circuit
Underground Cable System
Platte River Power Authority
Colorado Engineering Manager
Engineering Manager responsible for pennitting and detail design of a 2.7 mile underground 115 kVdouble circuit transmission line within the City of Loveland, Colorado, including detailed centerline
selection and development of material procurement specifications nad drawings and construction
specifications and drawings.
200 I-Present 99084
Responsibilities:
Colorado Engineer Manager
Platte River Power Authority
Engineering Manager responsible for pennitting and detail design of a 3 mile underground and overhead115 kV transmission line including detailed centerline selection and development of material
procurement specifications and drawings and construction specifications and drawings.
200 I-Present 64156
Responsibilities:
01/20103
115 kV Single Circuit
Underground Cable System
Orlando Utilities Commission
Orlando, Florida Engineer Manager
Engineering Manager responsible for full design of one mile of 115 kV single circuit underground cable
system in duct bank. Scope includes engineering and construction coordination.
Ted R. Aggeler
Page 2
Year
2001
Location
New York
Responsibilities:
Project I Client.Position
Project Manager
Project No.
99738
Telergy
Project Manager responsible for contract administration, planning, scheduling, fiscal management and
detail design for a project that involved adding an ADSS fiberoptic cable to existing Niagara Mohawk
transmission lines. The project involved the analysis of various transmission tower types, detailed designof additional steel members required to attach and support the cable and development of procurement and
construction documents.
1998 - 2000
Responsibilities:
California, Oregon Project Manager
Nevada, Utah, Tennessee
Ohio, Pennsylvania and
New York
Williams Communications
Project Manager responsible for proposal development, contract administration, planning, scheduling,
fiscal management and staff administration. The project includes feasibility studies, routing, surveying,
mapping, permit acquisition, and design of various long haul and metropolitan fiber cable routesincluding design and construction of regeneration/OP-Amp sites.
1993 - 1998 24455
Responsibilities:
Kuala-Lumpur
Malaysia
Engineering Manager
Tenaga Nasional Berhad
Engineering Manager responsible for management of the design staff for the conceptual and detail
designs of 520 Ian of 500 kV transmission line, development of the material procurement and
construction specifications, tender evaluation, assistance in contract negotiation, witness material type
testing, and construction management including resolution of construction problems and review of
contractor claims.
1991 - 1993 18088
Responsibilities:
New York Transmission Engineer
Niagara Mohawk
Transmission Engineer responsible for detailed route analysis, permitting support with expert witnesstestimony on transmission line design, conceptual and detailed designs for 22 miles of 345 kV
transmission line including development of construction specifications and drawings.
1990 -1993 SSl' A 1=t";ft""""~... w,u ..u.. V".LJU .LL1VVJ.
Responsibilities:
Texas
Central Power and Light
Transmission Engineer responsible for engineering aspects of a detailed route analysis for an 80 mile 345
kV transmission line, permitting support with detailed cost analysis of route alternatives, structure
selection study, and conceptual and detailed designs including development of specifications and
drawings.
1991 17864
Responsibilities:
Pennsylvania Transmission Engineer
General Public Utilities!
Duquesne Light Co.
Transmission Engineer responsible for a 250 mile 500 kV transmission line routing study consisting or
conceptual line design and evaluation of multiple alternative routes, including a structure selection study
and detailed cost analyses.
01120/03
Ted R. Aggeler
Page 3
Year
1990
Project No.
Responsibilities:
Project I Client Location
New Jersey Transmission Engineer
Position.
Sithe Engineers
Transmission Engineer responsible for feasibility and routing studies for 345 kV transmission line routes
associated with proposed power plant sites.
1984 - 1989 Project Engineer
Responsibilities:
Arizona, California
Oregon, Nevada, Utah
Colorado, Wyoming
AT&T
Project Engineer responsible for route selection and surveying, pennitting support, right-of-wayacquisition, and conceptual and detailed route designs including development of construction.
specifications and drawings for 2 200 miles of fiber-optic cable route.
1983 Construction Manager
Responsibilities:
138 kV Transmission Line Texas
Texas Municipal Power Agency
Construction Manager for 28 miles of 138 kV transmission line. Responsibilities included material
inspection and receiving, construction inspection and testing, construction contract management,contractor progress payment approval, and progress report preparation.
1982 Construction Manager
Responsibilities:
Texas Municipal Power
Agency
Texas Municipal Power Agency
Texas
Construction Manager for 10 miles of double circuit 345 kV transmission line. Responsibilities includedmaterial inspection and receiving, construction inspection and testing, construction contract management
contractor progress payment approval, and progress report preparation.
1981 Design Engineer
Responsibilities:
Missouri
Kansas City Power Light
Electricai Engineer responsible for a detailed energy loss study on a utility transmission and distributionsystem.
1981 Design Engineer
Responsibilities:
115 kV Transmission Line South Carolina
Orangeburg Municipal Utilities
Design Engineer responsible for route selection analysis and conceptual and detailed designs for a 115kV transmission line.
01120/03
Ted R. Aggeler
Page 4
Year
1973 - 1980
Project I Client
Various Transmission Line
Projects
Location
USA
Position Project No.
Transmission Line
Designer/Drafter
Responsibilities:Transmission Designer/Drafter involved in numerous transmission line design projects at voltages
ranging from 69 to 345 kV, responsible for tower spotting, drawing preparation, and bill of material
preparation.
Qualifications:
Education:Bachelors, Electrical Engineering, University of Missouri, 1981
Professional Registration:Engineer (PE), Missouri, 1987
Engineer (PE), Oklahoma, 2000
Year Joined Black & Veatch:1973
Total Years of Experience:
Language Capabilities:English
01/20/03
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ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT Agreement") is made and entered into thisday of , 200 , by and between
, ("
Client"), corporation, and
BLACK & VEATCH CORPORATION B&V"), a Delawarecorporation.
8& V warrants that it shall perform the services ("Services ) for acertain fee ("Fee ), as more fully described in the attached
Exhibit A. Such Services shall be performed in accordance with
the standards of care and diligence normally practiced by
recognized engineering firms in performing services of a similar
nature. If, during the six month period following the earlier of
completion or termination of the Services, it is shown there is an
error in the Services caused solely by 8& V's failure to meet such
standards, and Client has promptly notified 8& V in writing of anysuch error within ten (10) days of its discovery of same, B&Vshall perform, at 8& V's cost, such corrective engineering services
within the original Scope of Services as may be necessary to
remedy such error.
B&V shall maintain in force, during the period that Services are
performed, workers' compensation insurance in accordance with
the laws of the state having jurisdiction over B&V's employees
who are engaged in the Services and employer's liability
insurance with a limit of $1 000,000 each occurrence. B&Valso
shall maintain commercial general liability with a limit of
000 000 per occurrence and in the aggregate, automobileliability insurance with combined single limit of $1 000 000 peroccurrence, and professional liability insurance with an aggregate
limit of $1 000 000. The parties hereby waive all claims for
property damage, and shall require their insurers to waive
subrogation rights against the other party under any applicable
policy of property insurance.
3. Subject to Section 4 below, B&V shall indemnify Client against
any and all claims, demands and causes of action for injury to or
death of persons or for damage to or destruction of property
(other than property of Client) resulting solely from the negligent
acts or omissions of B& V arising out, of B& V's performance of theServices. Client shall indemnify 8& V against any and all claims,
demands and causes of action that may .arise or result from any
negligent act or omission of Client.
4. B&V's entire liability to Client for any and all claims, demands,causes of action, and damages of any kind whatsoever shall not
exceed the compensation received by B& V under thisAgreement.
5. During the performance of the Services, B& V may be supplied
with, and required to rely upon, certain information and/or data
provided by or through Client. It is agreed that B&V shall not beliable for the accuracy or verification of such information.
6. Client may, with or without cause, terminate the Services at any
time upon ten (10) days written notice to B&V. In such case,
B&V shall be paid costs incurred and fees earned to the date of
termination and through demobilization, and neither party shall
be entitled to any other compensation or damages from the
other.
Except as provided in Section 1 above, 8& V disclaims and Client
waives all other express or implied warranties with respect to the
Services, and specifically the implied warranties of merchant-
ability, fitness for a particular purpose, course of dealing, and
usage of trade. Neither party shall be responsible or held liableto the other party for sp~i~I, indirect, incidental, punitive
exemplary, or consequential damages, including, but not
limited to, loss of profit or revenue, loss of opportunity, or
business interruption.
8. The parties' rights, liabilities, responsibilities and remedies
with respect to the Services shall be exclusively those set
forth in this Agreement and are in lieu of any others available
by law or otherwise.
Indemnification against, releases from, and limitations of
liability and waivers of subrogation shall apply notwithstanding
the fault, negligence (whether active, passive, joint or
concurrent), strict liability or other theory of legal liability of the
party indemnified, released or whose liability is limited and
shall be effective to, and only to, the maximum extent
allowable by law. In the event such provision is determined to
exceed the maximum scope allowed by law, said provision
shall be interpreted and enforced so as to preserve the
indemnity, release or limitation to the maximum extent
allowable.
10. Since B&V has no control over the labor, materials, or
equipment furnished by others, or over the resources
provided by others to meet project schedules, 8& V's opinionof probably costs and of project schedules shall be made on
the basis of professional experience and qualifications. 8& V
does not guarantee that proposals, bids or actual project
costs will not vary from B& V's opinion of costs or that actual
schedules will not vary from B&V's projected schedules.
11. This Agreement and the attached Exhibit A constitute the
entire Agreement. No other representations of any kind, oralor otherwise, shall have any effect.
12. This Agreement shall be governed by the laws of the State of
Kansas, without regard to its principles of conflicts of laws:
IN WITNESS WHEREOF the parties have executed this
Agreement as of the day and year first above written.
BLACK & VEATCH CORPORATION
By:
Name:
Title:
(Client)
By:
Name:
Title:
ESA Rev. 11-
EXHIBIT A
Pursuant to the terms and conditions of the Engineering Services Agreement executed and made effective asof the day of , 200 , by and. between Client") andBLACK& VEATCH CORPORATION ("B&V"), Client hereby requests and B&V agrees to perform the following
Services for the Fee hereinafter set forth.
Scope of Services
Commencement Date:
Estimated Completion Date
Cost of the Services (llil
Invoicing and Payment
B&V shall invoice Client at the completion of the Services. Invoices are due for payment uponreceipt. Client agrees to pay B& V a late payment charge of 1.5% per month on all undisputedinvoice amounts remaining unpaid starting on the thirty-first (31 st)day following the invoice dateuntil paid in full.
This Exhibit A, together with any attachments hereto and the above referenced Agreement, constitute thecomplete understanding between the parties with respect to the Services specified herein. Terms andconditions contained in purchase orders, work orders or other documents issued by the Client with respect to
the Services shall be of no force and effect. In the event of a conflict between this Exhibit and the Agreement,the terms of the Agreement shall prevail.
B&V:Client:
I Initials: IDate:
ESA Exhibit A Rev. 11-