Ordinance - 2012 - 667 - Amend Title 2/Design Review Board - 02/14/2012 ORDINANCE 667
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 2
"BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW BOARD", SECTIONS 1, 2, 3, 4;
AND AMENDING TITLE 8 "ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAP", ARTICLE
A "DESIGN REVIEW OVERLAY DISTRICT", SECTIONS 3, 9, 13, 16; 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, the Mayor and Council have determined that good cause exists for amending the
Eagle City Code to reflect the changing needs of the community; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
Zoning Ordinance to provide for a more streamlined application review process to facilitate economic
development within the community and to accommodate the modification and expansion needs of
existing businesses within the community; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Eagle City Code Title 2, Chapter 2, Section 1, be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as follows:
2-2-1: BOARD CREATED,MEMBERSHIP, QUALIFICATIONS:
The design review board shall function on behalf of the . . . •-: . . .: . _ .. . ity council.
The board shall be composed of up to seven(7) members, .. . . _ . ••: -•- • ._ . . ._ - : -
the city council. Three members shall constitute a quorum. Members shall be appointed by the mayor and
confirmed by the city council. Members of the board shall be appointed with proper representation from
such fields as architecture, landscape architecture, design. business, engineering, and a citizen at large.
The zoning administrator, upon consent of the city clerk, may seek assistance from other such employees
of the city as is necessary to fulfill the duties of the design review board. (Ord. 419, 3-26-2002)
Section 2: That Eagle City Code Title 2, Chapter 2, Section 2, be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as follows:
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2-2-2: TERMS OF OFFICE,VACANCIES:
The members of the board shall take office as of the date of their appointment, confirmation, and
qualification. The term of the appointment shall be for three (3) years, •. - _ •
.. • - - - . ' - - . ... ' . All
members shall be eligible for reappointment. In the event of a vacancy of a position on the board, the
mayor shall appoint a new member, with the consent of the city council, for the balance of the unexpired
term. (Ord. 284, 1-28-1997)
Section 3: That Eagle City Code Title 2, Chapter 2, Section 3, be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as follows:
2-2-3: ORGANIZATION:
The board shall designate a chairman from its membership and shall adopt the public meeting hearing
procedures pursuant to law. • .. - • . . - •. _ _ . _ . -• .. Three members shall
constitute a quorum. The board shall meet on the second and fourth Thursday of each calendar month,
unless a holiday occurs at which time the meeting shall be rescheduled to the next regularly scheduled
meeting date. The City Clerk shall keep the minutes of all
official meetings. All meetings shall be opened to the public. Minutes shall be typed by the city clerk or
designee, with copies approved at the next regularly scheduled meeting. All board documents shall be
made available to the public subject to the public records laws. (Ord. 307, 9-9-1997)
Section 4: That Eagle City Code Title 2, Chapter 2, Section 4, be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as follows:
2-2-4: DUTIES,JURISDICTION,AND AUTHORITY:
It shall be the responsibility of the board to protect property rights and values, enhance important
environmental features of the city, and to ensure that the general appearance of buildings and structures,
along with development of the land, shall not impair or preclude the orderly and harmonious development
of the community.
The board shall review all development proposals within the design review district. Within this district,
the board, with input from the zoning administrator, shall regulate landscaping and beautification laws,
review building design, and review site planning, signs, grading, development. This includes,but is not
limited to, the regulation and restriction of the type of building, number of stories, size of building,
construction, reconstruction, alteration, repair, or use of buildings and structures. The board shall ensure
compliance with the requirements of the respective design review overlay districts, city of Eagle
comprehensive plan, and relevant ordinances. Additionally, the Zoning Administrator may act on behalf
of the Board where allowed by City Code.
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Lack of a quorum of board members shall require review of pending business by the board on the
Thursday following the scheduled board meeting for which a quorum was not present.
Section 5: That Eagle City Code Title 8, Chapter 2, Article A, Section 3, be and the same hereby
is, amended with the underlined text being added and the strikeout text being deleted to read as follows:
8-2A-3: EFFECT OF OTHER PROVISIONS:
If any provision of this article is found to be in conflict with any other provision of any zoning,building,
fire safety or health ordinance or other provision of this code, the provision which establishes the higher
and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older
districts and comply with unforeseen future needs of the overlay districts, the design review board eitif
may, at their discretion, suspend or relax some or all requirements found in this article soda, if the
design review board sit-eel determines a particular site, setting, or use to be of historical
significance.
Section 6: That Eagle City Code Title 8, Chapter 2, Article A, Section 9, be and the same hereby
is, amended with the underlined text being added and the strikeout text being deleted to read as follows:
8-2A-9: ADMINISTRATIVE AND BOARD LEVEL APPLICATIONS:
requirements set forth below: (Ord. 162, 11 11 2003)
A. Administrative Level Design Review Applications: Shall be scheduled as stipulated in subsection 8-
2A-13A of this article. All design review applications . . :• - . • - .. . . .' . .
development or alteration as specified below shall be reviewed and shall be acted on by the zoning
administrator, . . _ . .: ' , •• . : - ' - , _ • - •. . . .
set forth in this article except for those listed in subsection 8-2A-9B.
1. All minor alterations to existing buildings and sites, including signs, special portable signs, and minor
landscaping.
2. An alteration or addition to an existing structure which is twenty five percent(25%) or less of the
to the requirements of an approved master sign plan application and this code. Any signage proposed
1. Applicant must meet all city codes. (Ord. 638, 11 23 2010)
B. Board Level Design Review Applications: A . .. • . : .' • . :. • - .... . . . . . .
board. The application Shall be scheduled as stipulated in subsection 8-2A-13A of this article.-The
large or complicated. A . :• - . • . . : . - • . , - • . •- , • , .
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Design Review applications for the following shall be reviewed, and shall be acted on by the design
review board:
1. Any application that includes one or more new buildings.
2. An addition to an existing building which is greater than twenty five percent(25%)of its gross floor
area.
3. New buildin' facades with material changes.
4. Any addition to an existing twenty thousand (20,000) square foot or larger building.
5. Master sign plans which include five or more businesses.
6. Any application which can only be approved with suspension or relaxation of some or all
requirements found in Article 8-2A in accordance with Section 8-2A-3.
4C. Concurrent Sign and Building Applications: All sign applications (including master sign plans)
made pursuant to this article are required to be submitted for review at the
time the respective building design review application is made. This section is not intended to apply to
sign applications made for the advertisement of businesses in existing buildings where no changes are
proposed to the building at the time of the application.
D. The ultimate decision of whether an administrative level review or board level review will be
required shall be determined by the zoning administrator. (Ord. 462, 11-11-2003)
Section 7: That Eagle City Code Title 8, Chapter 2, Article A, Section 13, be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as follows:
8-2A-13: ' ' ! .. ! - ' _ - ! ' • ' ' ! _ DESIGN REVIEW APPLICATION PROCESSING:
A. Design Review Application Scheduling: At least thirty five(35)days prior to review-by
theaction by the zoning administrator or design review board, anyone required to comply with this
article shall submit their application, together with the required fee, to the zoning administrator. The
zoning administrator may extend the review time for design review applications that are unusually
large or complicated and may decrease review times for applications that are minor or do not require
transmittals to other agencies. 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. (Ord. 618, 2-17-2009)
B. Action and Required FindingsBy The Design Review Board: Following a
complete review of the design review application, the zoning administrator or design review board,
whichever is applicable, shall - . - •• . •- . . . . • . •. .- approved the
application-as presented, approved the application with supplementary conditions, continued the
application-for further review, or disappreveddeny the application. The design-review-beard-city shall
specify make findings which address the following:
a-1_The ordinance and standards used in evaluating the application;
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b,2. The reasons for the recommendation of approval or denial;
e,3. -The actions, if any, that the applicant could take to obtain approval. (Ord. 638, 11-23-2010)
27-4. General Standards For Design Review: The zoning administrator or design review board1
whichever is applicable, -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 this 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 as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the 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
i. 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. (Ord. 618, 2-
17-2009)
B-C_Action By The City CouncilAppeals: Administrative level applications may be appealed to the
design review board and design review board actions may be appealed to the city council. An appeal fee,
as may be adopted by resolution of the city council, shall be required for any appeal. Appeals shall
comply with the following:
1. Any such appeal shall be submitted within ten(10) calendar days after the decision by filing with the
administrator a notice of appeal specifying the grounds for the appeal. The administrator shall transmit to
the appellate body, either the design review board or the city council, all documents constituting the
record upon which the appeal is based. An appeal stays all proceedings in furtherance of the action taken.
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2. Within seven(7) calendar days after receipt of an appeal, the zoning administrator shall fix a date for
the application to be heard and shall notify the appealing party and applicant, if not the appealing party,
with no further notification being required.
3. The grounds for the appeal may address,but is not limited to, the following:
a. Inconsistency with the required findings specified within Section 8-2A-13B;
b. Inconsistency with the purpose and objectives of the ordinance as defined herein;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarrantedprevention of an allowed land use;
f. Undue interference with the design integrity of the proposal;
g. Prohibition or unwarranted restriction of building type or material;
h. Violation of law.
4. The appellate body, either the design review board or the city council=shall either approve, approve
with supplementary conditions, or deny the design review application as presented and shall adopt
findings as required within Section 8-2A-13B. Within seven (7) calendar days after a written decision
has been rendered by the city council, the zoning administrator shall provide the applicant with written
notice of the action on the request. (Ord. 638, 11-23-2010)
Section 8: That Eagle City Code Title 8, Chapter 2, Article A, Section 16, be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as follows:
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 Level Approvals: The zoning administrator is authorized to approve filifiOF
:-• • • •- . . all modifications to approved design review applications except for
those listed in subsection 8-2A-16B and subsection 8-2A-16C:•. - . ., - • - - : • s - . -
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3. An increase or decrease in a proposed setback provided ordinance requirements are still met.
'1. A change in building design relating to items such as materials, colors, window and door locations
the design review board.
reduction.
7. A minor change to parking lot/site plan.
B. Design Review Board And City Council Action Level Approvals: The following modifications to an
approved design review application 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 approved
design of the site and/or building(s) in a manner such that design review board review and approval
should be required.
3•:C. City Council Approvals: City Council approval is required for any A-request to change or delete a
condition of approval which was established by the council as part of their approval of any design
review application which was appealed to the City Council for their action.
D. Any action on a modification to an approved design review application by either the zoning
administrator or design review board may be appealed in accordance with subsection 8-2A-13C
C-7-E. Failure To Obtain Approval: 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. (Ord. 618, 2-17-2009)
Section 9: That Eagle City Code Title 8, Chapter 5, Section 2, be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as follows:
Section 10: 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 11: 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 12: 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 /`i day of F t-&
2012.
CITY OF EAGLE, IDAHO
Ad�County, Idaho
L,/� :'G,1 Y OFFgOe
GORPpR7 �,e'1
mes D. Reynolds # �•_ �'
Mayor
v)%s�SEAL
ATTEST: ,9T C F O F 1 n '\\O
'a,C , /4014-1/1/ cteP't)- l-ti 1('
47/
Sharon K. Bergmann
City Clerk/Treasurer
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SUMMARY OF
ORDINANCE NO. 667
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE
2 "BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW BOARD",
SECTIONS 1, 2, 3, 4; AND AMENDING TITLE 8 "ZONING", CHAPTER 2 "ZONING
DISTRICTS AND MAP", ARTICLE A "DESIGN REVIEW OVERLAY DISTRICT",
SECTIONS 3, 9, 13, 16; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
A summary of the principal proyilsions of Ordinance No. 667 of the City of Eagle, Ada
County, Idaho, adopted on February IL/ , 2012, is as follows:
Section 1: Amends Eagle City Code Title 2, Chapter 2, Section 1, pertaining to the
creation, membership and qualifications of the design review board by providing for a design
review board of up to seven members, three of which shall constitute a quorum for conducting
business, and deleting the reference to a city council representative.
Section 2 Amends Eagle City Code Title 2, Chapter 2, Section 2, relating to terms of
office for the design review board by deleting the reference to a city council representative.
Section 3 Amends Eagle City Code Title 2, Chapter 2, Section 3, relating to
organization of the design review board, by providing that three members shall constitute a
quorum and providing that the City Clerk shall keep the minutes of the design review board
meetings.
Section 4: Amends Eagle City Code Title 2, Chapter 2, Section 4, relating to the duties,
jurisdiction and authority of the design review board,by providing that the Zoning Administrator
may act on behalf of the design review board where allowed by City Code.
Section 5: Amends Eagle City Code Title 8, Chapter 2, Article A, Section 3, by
providing for discretion of the design review board to suspend or relax some or all of the
requirements of this article.
Section 6: Amends Eagle City Code Title 8, Chapter 2, Article A, Section 9, by
providing for administrative and board level design review applications.
Section 7 Amends Eagle City Code Title 8, Chapter 2, Article A, Section 13, relating to
design review application processing by providing for administrative or design review board
approval, and providing for an appeal procedure.
Section 8: Amends Eagle City Code Title 8, Chapter 2, Article A, Section 16, by
providing regulations applicable to administrative, design review board, or city council approval
of design review applications.
Section 9: Provides a severability clause.
SUMMARY OF ORDINANCE NO. 667- 1
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 667 of the City of Eagle and
that the same is true and complete and provides adequate notice to the public of the contents of
said Ordinance.
DATED as of the 2day ofytW72O12.
0/1
#.401111.
By ill ill S. "'oh a, City At orney
SUMMARY OF ORDINANCE NO. 667-3
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
C 6.f Em �t
Address: `C 0 F. C t' i La h
1a(41 �..a. L o
r
3G 14
Attention:
SUMMARY OF
ORDINANCE NO. 667
-REL;EIVED & FILED
CITY OF EAGLE
MAR 01 2012
File'
Route to.
Identification: � � r.0.1 c. ger (,
Run Dates: .Z - 2"7-- "2-6I
Number Lines 11 b Amount
Other
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TIT
2 `BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW BOARD
SECTIONS 1, 2, 3, 4; AND AMENDING TITLE 8 "ZONING", CHAPTER 2 "ZONIN
DISTRICTS AND MAP", ARTICLE A "DESIGN REVIEW OVERLAY DISTRIC
SECTIONS 3, 9, 13, 16; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
EFFECTIVE DATE.
Frank Thomason, being duly swom, deposes
Id says: That he is the Principal Clerk of
rimes, a weekly newspaper published at
kda County, State of Idaho; that the said
paper is in general circulation in the said
Ayof Ada, and in the vicinity of Meridian,
and Eagle, and has been uninterruptedly
lblished in said County during a period of
-eight consecutive weeks prior to the first
of this notice, a copy of which is attached
reto, and that the notice was published in
Times, in conformity with Section 60-108,
iho Code, as amended, for 1 time(s)
agular and entire issue of said paper, and
ted in the newspaper proper, and not in a
anent; and that said notice was published
on the following dates:
f;,ti n�a•� �.� 2.012
LE
",
G
AN
A summary of the principal pmvipions of Ordinance No. 667 of the City of Eagle,
County, Idaho, adopted on Febnmy iY , 2012, is as follows:
Section I: Amends Eagle City Code Title 2, Chapter 2, Section I, pertaining to
creation, membership and qualifications of the design review board by providing for a desi
review board of up to seven members, three of which shall constitute a quorum for oonduotin
business, and deleting the reference to a city council representative.
Section Z: Amends Eagle City Code Tide 2, Chapter 2, Section 2, relating to terms
p office for the design review board by deleting the reference to a city council representative.
a Section 3: Amends Eagle City Code Title 2, Chapter 2, Section 3, relating
organization of the design review board, by providing that three members shall constitute
z quorum and providing that the City Clerk shall keep the minutes of the design review board
meetings.
Ada
the
ea
8
of
to
a
Section 4: Amends Eagle City Code Title 2, Chapter 2, Section 4, relating to the duties,
jurisdiction and authority of the design review board, by providing that the Zoning Administrator
may act on behalfof the design review board where allowed by City Code.
Section 5: Amends Eagle City Code Title 8, Chapter 2, Article A, Section 3, by
providing for discretion of the design review board to suspend or relax some or all of the
requirements of this article.
Section 4: Amends Eagle City Code Title 8, Chapter 2, Article A, Section 9, by
providing for admin1shative and board level design review applications.
Section 7: Amends Eagle City Code Tide 8, Chapter 2, Article A, Section 13, :dating to
design review application processing by providing for administrative or design review board
approval, and providing for an appeal procedure.
Section 8: Amends Eagle City Code Title 8, Chapter 2, Article A, Section 16, by
providing regulations applicable to administrative, design review board, or city council approval
of design review applications.
,Section 9: Provides a severability clause.
Aggligg..10: Provides a repealer clause.
figeggg11.: States that Ordinance No. 667 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a etnnrnaty of Ordinance
No. 667 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Coda
The dill text of Ordinance No. 667 is available at City Hall and will be provided to an
citizen upon personal request during normal office hours. y
;inning
ding a {, rti►te 2 z.e I .
STATE OF IDAHO )
)SS
COUNTY OF ADA )
day of in the year of 2012
me, a Notary Public, personally appeared
known or identified to me to be the person
One is subscribed to the within instrument,
g by me first duIfrwo , declared that the
pi are true, an a Le : • ged to me that
}; �L = ,)ted the same.
�rr���LLLIII
Notary Public for Idaho
Resid' t Boise, ID
I
My Commission expires: - C 1