Ordinance - 2009 - 618 - Amending Title 8/Design Review Overlay District - 02/17/2009
ORDINANCE 618
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE
CITY CODE TITLE 8 "ZONING", CHAPTER 2A "DESIGN REVIEW OVERLA Y
DISTRICT"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State ofldaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council recognize the value of the professional services performed
by architects and landscape architects to preserve and enhance the beauty and livability of the
City of Eagle; and
WHEREAS, to guarantee the safety and health of the residents of Eagle, it is in the best interest
of the City to require those certain protective measures be installed to maintain a viable water
system; and
WHEREAS, in order to maintain and improve the quality and relationship between individual
buildings, structures, and the environment in a manner that contributes to the amenities and
attractiveness of the City, it is in the best interests of the City of Eagle to establish findings to
address and ensure a method by which the city may implement these objectives to the
community's benefit; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Title 8 Zoning Ordinance to acknowledge Idaho Code Title 54, Chapters 3 and 30; and
WHEREAS, the proposed changes to the zoning ordinance are in accordance with Eagle's
comprehensive plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 7
"Landscape and Buffer Area Requirements" be and is hereby amended, in part, with the
underlined text added and the strikethrough text deleted to read as follows, with the remainder of
8-2A-7 to remain unchanged:
8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
E. 8. a. Certification Of Completion: Upon the completion of the landscape installation, or
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other improvement subject to Design Review approval, a written certification of completion
shall be prepared by the licensed landscape architect responsible for the landscape plan. The
certification of completion shall state that the installation of all landscape improvements is
in substantial compliance with the City-approved landscape plan. This certification shall be
submitted prior to the issuance of a certificate of occupancy and is required as a part of, and
not in-lieu of, the inspections performed and certificates issued by the City.
b. In the event that deficiencies are present after the landscape installation, or other
improvements subject to Design Review approval, the licensed landscape architect shall
prepare and file with the City a report noting the deficiencies in the improvements. The City
will not accept a certification of completion, or issue a certificate of occupancy, until the
licensed landscape architect has verified that the deficiencies have been corrected.
c. The licensed landscape architect may, at his or her discretion, appoint an authorized
designee to certify the project provided that the designee is a licensed landscape architect.
I. Irrigation Required: An underground automatic irrigation system is required for all
development as defined in section 8-2A-l of this article.
1. All required landscaped areas must be provided with an automatic underground irrigation
system.
2. Pro'lide an appropriate backflo'vY prevention device. The system shall be equipped with a
reduced pressure backflow prevention device.
3. Provide full one hundred percent (100%) coverage. The system shall be designed and
constructed to provide one hundred percent (100%) spray coverage.
4. Wherever feasible, sprinkler heads irrigating lawn or other high water demand landscape
areas shall be circuited so that they are on a separate zone or zones from those irrigating
trees, shrubbery or other reduced water-demand areas.
5. Sprinkler heads shall be placed as required to reduce direct overthrow onto non-pervious
areas (walks, drives, etc.).
6. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind
velocity on the spray system.
7. Use of non-potable water for use in the irrigation of lawn and plant material is required
when determined to be available.
8. All non-potable water access points shall be clearly and permanently labeled with markers
indicating that the water is not safe for human consumption.
&2. Maintain all irrigation systems to ensure proper operation and water conservation.
P. Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves
more than a simple arrangement of plants with irrigation; plants are not haphazardly placed
in a way that fills up leftover space. Landscape plans should reflect a theme so that site
elements are artfully and technically organized in a way that conveys meaning, coherence,
and spatial organization. Landscaping should enhance the physical environment as well as
the project's aesthetic character. Therefore, landscape plans to be submitted for approval
shall be prepared by or under the responsible control of a licensed landscape architect with
said plans to be duly stamped to clearly identify the preparer, landscape designer, qualified
nurseryman, or someone knmvledgeable in the field of landscape design.
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Section 2: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 8
"Sign Regulations" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows, with the remainder of 8-2A-8 to remain unchanged:
8-2A-8: SIGN REGULATIONS:
F. Landscaping: Landscaping shall be provided at the base of all directional signs and
monument signs. Landscape plans shall be prepared by or under the responsible control of a
licensed landscape architect with said plans to be duly stamped to clearly identify the
preparer. The amount required shall be three (3) times the size of the largest exposed
surface. An example is shown as follows: (example remains unchanged from current code)
Section 3: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 10
"Application Requirements" be and is hereby amended, in part, with the underlined text added
and the strikethrough text deleted to read as follows, with the remainder of 8-2A-l 0 to remain
unchanged:
8-2A-l 0: APPLICATION REQUIREMENTS:
Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or
otherwise change the use of the building or structure in the design review overlay district, the
applicant must file an application, upon a form prescribed by the council, with the zoning
administrator. All application materials supplied or presented to the city including presentation
boards, materials boards and documentation are part of the public record and shall become the
property of the city. The applicant may be required to supply the city with colored photos of the
presentation boards if determined by the zoning administrator. The size of the photos shall be
determined by the zoning administrator and the boards may be returned to the applicant if the
photos are provided to the city.
Design Review applications for any commercial building larger than 120-square feet shall be
prepared by or under the responsible control of a licensed architect, unless exempted under Idaho
Code, Section 54309(2), with said plans to be duly stamped to clearly identify the preparer.
Applications shall be accompanied by appropriate architectural and site development plans as
may be required by the zoning administrator and in accordance with the requirements set forth in
this article. The plans shall be legible, to scale and shall include, at a minimum: (Only Item C of
the requirements are subject to change with this ordinance amendment)
C. Engineered Grading And Drainage Plans:
1. A generalized drainage plan showing direction drainage with proposed on site retention.
2. Upon submittal of building/construction plans for an approved design review application,
a detailed site grading and drainage plan, prepared by a registered professional engineer
(PE) or licensed landscape architect (ASLA), shall be submitted to the city for review and
approval by the city engineer.
3. a. Upon the completion of the site grading and drainage structure installation, or other
improvements subject to City Engineer approval, a written certification of completion shall
be prepared by the registered professional engineer (PE) or licensed landscape architect
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(AS LA) responsible for the plan. The certification of completion shall state that the
installation of all drainage improvements are in substantial compliance with the City-
approved drainage plan. This certification shall be submitted prior to the issuance of a
certificate of occupancy and is required as a part of, and not in-lieu of, the inspections
performed and certificates issued by the City.
b. In the event that deficiencies are present after the site grading and drainage structure
installation, or other improvements subject to City Engineer approval, the registered
professional engineer (PE) or licensed landscape architect (ASLA) shall prepare and file
with the City a report noting the deficiencies in the installation. The City will not accept the
certification of completion, or issue a certificate of occupancy, until the registered
professional engineer (PE) or licensed landscape architect (AS LA) has verified that the
deficiencies have been corrected.
Section 4: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 13
"Procedure For Approval" be and is hereby amended, in part, with the underlined text added and
the strikethrough text deleted to read as follows, with the remainder of 8-2A-13 to remain
unchanged:
8-2A-13: PROCEDURE FOR APPROVAL:
A. Design Review Board Action: At least thirty five (35) days prior to review by the design
review board, anyone required to comply with this article shall submit their application,
together with the required fee, to the zoning administrator. At least seven (7) days prior to
any scheduled design review board meeting, all applications to be considered at that meeting
shall be made available to each member of the board.
1. Recommendation By The Board: Following a complete review of the design review
application, the design review board shall recommend to the council that the application be
approved as presented, approved with supplementary conditions, continued for further
review, or disapproved. The board shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the recommendation of approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The design review board shall review the particular
facts and circumstances of each proposed design review in terms of the following standards
and shall find adequate evidence showing that such design review at the proposed location:
a) Will function in conformance with the applicable strategies of the Eagle Comprehensive
Plan and is in accordance with the regulations of Eagle City Code;
b) Is of a scale, intensity, and character that is in harmony with existing conforming and
planned development in the vicinity of the site;
c) Is designed with adequate off-street parking facilities in such a way as to not interfere
with ingress/egress to the site and will serve the intended use so as to not cause conflict
with adjacent uses;
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d) Will not interfere with the visual character, quality, or appearance ofthe surrounding area
and City, and where possible, enhance the continuity of thematically common
architectural features;
e) Will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and
settings;
f) Will not obstruct views and vistas as they pertain to the urban environment and in
relation to artistic considerations;
g) Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h) Is in the interest of public health, safety, and general welfare promoting a pedestrian
friendly and walkable environment in balance with protecting a viable commercial center
in the area; and
D. Will have signs, if proposed, that are harmonious with the architectural design of the
building and adjacent buildings, and will not cover or detract from desirable architectural
features.
B. Action By The City Council: The council shall either approve, approve with supplementary
conditions, or deny the design review application as presented. Within ten (10) working
days after a decision has been rendered by the council, the zoning administrator shall
provide the applicant with written notice of the action on the request.
Section 5: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 16
"Modifications" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows, with the remainder of 8-2A-16 to remain
unchanged:
8-2A-16: MODIFICATIONS:
After approval of a design review application, the applicant may request a modification(s) to the
approved development plans or conditions. Such request shall be made upon an application form
prescribed by the council and shall be determined pursuant to the standards set forth in this
article.
A. Administrative Approvals: The ZOnIng administrator is authorized to approve mInor
modifications as specified below:
1. Modifications proposed for any development application processed as an administrative
design review in accordance with section 8-2A-9 of this article.
2. Minor relocation of building pads or dwelling units due to conditions such as
unanticipated topography, road alignment or easements; provided that the modification does
not significantly alter the site design in terms of parking layouts, vehicular circulation,
landscape design and other similar components of the development plans provided
ordinance requirements are still met.
3. An increase or decrease in a proposed setback provided ordinance requirements are still
met.
4. A change in building design relating to items such as materials, colors, window and door
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locations and mechanical units, provided the design remains essentially the same as that
previously approved by the design review board.
5. A minor modification to a recreation area or open space design, but not elimination or a
significant reduction.
6. A minor change to landscape design/plant material changes.
7. A minor change to parking lot/site plan.
B. Design Review Board And City Council Action: The following modifications shall require a
recommendation of approval from the design review board and a final approval from the
city council:
1. Any change that may impact an adjoining residential neighborhood.
2. Any requests that in the opinion of the zoning administrator would significantly alter the
design of the site and/or building(s).
3. A request to change or delete a condition of approval established by the council. (Ord.
462, 11-11-2003)
C. Failure of the applicant to obtain approval of any modifications constructed contrary to the
approved design review plans may result in the requirement to reconstruct the development
to comply with the original City-approved design review plan. The City will not issue a
final occupancy or accept a certificate of completion from the licensed architect or licensed
landscape architect until the issue of the modification has been resolved.
Section 6: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 18
"Sureties" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows, with the remainder of 8-2A-18 to remain
unchanged:
8-2A-18: SURETIES:
Prior to the issuance of a temporary certificate of occupancy, a surety in the form of an
irrevocable letter of credit, certificate of deposit, or cash, in the amount equal to one hundred
fifty percent (150%) of the estimated construction costs of site improvements, landscaping and
irrigation shall be provided by the owner/developer to the city afld to be held and deposited by
the city until said construction, landscaping and irrigation is complete. Construction cost
estimates shall be reviewed and approved by the city zoning administrator prior to city
acceptance of said surety. The surety initiation and extension fees shall be established by
resolution of the city council. No final certificate of occupancy shall be issued until the required
construction, landscaping and irrigation is complete pursuant to section 8-2A-19 of this article.
In the event the owner/developer fails to complete all improvements required pursuant to the
city-approved plans the city may, after written notice of intent to proceed, draw on the surety to
completely install, repair, or replace any and all improvements which are the subject of non-
compliance.
Section 7: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 19
"Inspection" be and is hereby amended, in part, with the underlined text added and the
strikethrough text deleted to read as follows, with the remainder of 8-2A-19 to remain
unchanged:
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8-2A-19: INSPECTION:
A. When Required: At the request of the Design Review Board, the Zoning Administrator shall
cause to be inspected each applicant development und shall issue an inspection report to the
Design Review Board. Each project will be inspected based on the requirements of this
Chapter.
For any development that is the subject of a design review application, the Zoning
Administrator shall cause an inspection of the development to be performed to verify that
the development has been completed in accordance with the specifications set forth in this
Title.
B. Certification Of Completion:
1. a. Upon the completion of a building, or any other improvement subject to design review
approval, the licensed architect responsible for the plan shall prepare and file with the City a
written certification of completion. The certification of completion shall state that the
construction of the building is in substantial compliance with the City-approved architectural
plan. This certification shall be submitted prior to the issuance of a certificate of occupancy
and is required as a part of, and not in-lieu of, the inspections performed and certificates
issued by the City.
b. In the event that deficiencies are present in the construction of the building, or any other
improvement subiect to design review approval, the licensed architect shall prepare and file
with the City a report noting the deficiencies in the construction. The City will not accept a
certification of completion, or issue a certificate of occupancy, until the licensed architect
has verified that the deficiencies have been corrected.
c. The licensed architect may, at his discretion, appoint an authorized designee to certify the
proiect provided that the designee is a licensed architect.
BC. Certificate Of Occupancy: The building inspector shall not issue a final certificate of
occupancy to the applicant until all of the requirements of the design review applications, as
approved by the design review board, have been complied with.
Section 8: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
separable from the remaining provisions in this Ordinance and shall in no way affect the validity
of the other provisions of this Ordinance or Eagle City Code.
Section 9: All prior ordinances or parts thereof, to the extent inconsistent herewith, are
hereby repealed and shall, to the extent of such inconsistency, have no further force or effect.
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Section 10: This Ordinance, or a summary thereof in compliance with Section 50-901A,
Idaho Code, shall be published once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this Uday of ~'f009.
CITY OF EAGLE, IDAHO
Ada County, Idaho
ATTEST:
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Sharon K. Bergmann
City Clerk! Treasurer
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RECEIVED & FILED
CITY OF EAGLE
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616 FEB 2 6 2009
File:
Route try
LEGAL ADVERTISING PROOF OF PUBLICATION
Account cj. FL` S�
660 E
Address:
Attention:
February 23, 2009
L_C(ne
Q,i. IL
Identification:
Run Dates:
Number Lines
Other
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Amount
535-"6'
Frank Thomason, being duly swom, deposes
urkci says: That he is the Principal Clerk of
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of
ORDINANCE NO. 618
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE
CITY CODE TITLE 8 "ZONING", CHAPTER 2A "DESIGN REVIEW OVERLAY
DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the -State of Idaho; and
WHEREAS, pursuant to Chapter 65, Titte 67, Idaho Code, the Gity of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council recognize the value of the professional services performed
by architects and landscape architects to preserve and enhance the beauty and livability of the .
City of Eagle; and
WHEREAS. to guarantee the safety end health of the residents of fiagle, it is in the best interest
of the City to require those certain protective measures be installed to maintain a viable water
system; and
WHEREAS, in order to maintain and improve the quality and relationship between individual
buildings, structures, and the environment in a manner that contributes to the amenities and
attractiveness of the City, itis in the best interests of the City of Eagle to establish findings to
address and ensure a method by which the city may implement these objectives to the
community's benefit; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Title 8 Zoning Ordinance to acknowledge Idaho Code Title 54, Chapters 3 and 30; and
WHEREAS, the proposed changes to the zoning ordinance are in accordance with Eagle's
comprehensive plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR. AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section I: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 7
"Landscape and Buffer Area Requirements" be and is hereby amended, in part, with the
underlined text added and the strikethrough text deleted to read as follows, with the remainder of
8-2A-7 to remain unchanged:
8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
E. 8. a. Certification Qf Completion: ...lapp the pmpietion of the landscape installation, of
other improvement subject to Design Review approval. a written certification of completion
;;hall be prepared by the licensed landscape architect responsible for the landscape plan. The
certification of completion shall state that the installation oLall.landscane uenrovcmres :e
Lcga
n
intp(edly
g a period of
Section 2: That Title 8 "Zoning", Chapter kr to the first
"Sign Regulations" be and is hereby amended; is attached
strikethrough text deleted to read as follows, w, rbiisbed in
8-2A-8: SIGN REGULATIONS: Lon 60-108,
F. Landscaping: Landscaping shall be pro 1 time(s)
monument signs. landscape plans shall ted paper, and
licensed landscape architect with said o and not In a
preparer. The amount required shall be
surface. An example is shown as follows: $da
Section 3: That Title 8 "Zoning", Chapter 2) lowiri`J q
"Application Requirements" be and is hereby -3 • 2) 4 1
and the strikethrough text deleted to read as t i
unchanged:
8-2A-10: APPLICATION REQUIREMENTS:
Prior to application for a permit to erect, con 2 U 0 CI
otherytise change the use of the building or si
applicant must file an application, upon aft^,
administrator. An application materials suppli_
boards, materials boards and documentation at
property "the city. The applicant may be reqs OF IDAHO )
presentation boards if determined by the zonir
determined by the zoning adrninist ator. and. th )SS
photos are provided to the city. TY OF ADA )
Pesian Review applications for env comment: year of ;p041
prepared by or under the resnonslble controlled -SHY c; r r ,c G „ ,A
Code. Section 54309(21 with said plans to be d)e the person
Applications shall be accompanied by appropP instrument,
may be required by the zoning administrator anjared that the
this article. The plane shall be legible, to scale ed to me that
the requirements are subject to change with aired the same.
C. Engineered Grading And Drainage Plans:
L A generalized drainage plan showing din
2. Upon submittal of buading/constructionlbliC for Idaho
a detailed site grading and drainage p1ana at Boiie, ID
(PE) or licensed landscape architect (ASL
P ry
approval by the city engineer. t 1 r f•
3, a, Upon the completion of the site art
improvements subiect to City £mincer ant
(ASLAI responsible for the pian. The c