Ordinance - 1997 - 307 - Amend Title 2/Design Review - 09/09/1997ORDINANCE # 307
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE
CITY CODE, TITLE 2 `BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW
BOARD", SECTION 1 "BOARD CREATED MEMBERSHIP, QUALIFICATIONS",
SECTION 3 "ORGANIZATION" AND SECTION 4 "DUTIES, JURISDICTION, AND
AUTHORITY" AND TITLE 8 "ZONING", CHAPTER 2A "DR DESIGN REVIEW
OVERLAY DISTRICT", SECTION 13 "PROCEDURE FOR APPROVAL" SECTION 14
"APPEALS" SECTION 15 "TERM OF APPROVAL" AND SECTION 17 "RESTRICTIONS
ON OTHER REQUIRED DOCUMENTS" .
WHEREAS, The City of Eagle proposes: to amend ordinances to allow the Design Review
Board to become the approval body for design review applications, to provide for an appeal
process, to establish meeting dates, to establish meeting procedures, and to provide public notice
procedures.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: Eagle City Code is amended to delete the strike -through text and add the underlined
text follows:
2-2-1: BOARD CREATED MEMBERSHIP, QUALIFICATIONS: The Design
Review Board shall function on behalf of the Planning and Zoning Commission
and City Council. The Board shall be composed of five (5) members, and one (1)
non-voting member which shall be from the City Council. 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, 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.
2-2-3: ORGANIZATION: The Board shall designate a chairman from its membership
and shall adopt the public hearing procedures as outlined in Sections 1-8-3A and
1-8-3E, Eagle City Code. The Board shall meet on the second (2nd) and fourth
(4th) Thursday of each calendar month, unless a Holiday occurs at which time the
meeting shall be re -scheduled to the next regularly scheduled meeting date. The
chairman shall designate a secretary to 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
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Records Laws.
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.
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 auorum was not present.
8-2A-13: PROCEDURE FOR APPROVAL
A.
Design Review Board Action: At least twenty -elle thirty five (24- 35) days prior to
review by the Design Review Board, anyone
required to comply with this Chapter 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.
Board level landscape applications and sign applications shall reauire notification to all
abutting property owners fifteen (15) days prior to the public hearing. Other Board level
applications shall require notification to all property owners within 300 feet of the
property boundary fifteen (15) days prior to the public hearing and legal notice of the
hearing shall be published fifteen (151 days prior to the public hearing. Staff level
reviews by the Zoning Administrator shall not require any notification to property owners
or the newspaper.
The Design Review Board shall
approve, approve with conditions or
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disapprove the application. If modification is required or if the application is denied, the
Board shall prepare a statement of the reasons for its action. The Board' a
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B. Notice of Design Review Board Decision: Within ten (10)
working days after a decision has been rendered by the GefliffiiSSiOfi Board, the Zoning
Administrator shall provide the applicant with written notice of the action on the request.
8-2A-14: APPEALS
A. Appeals of I'_carixg Ar_ Design Review Board Decisions;
Any final decision of the ✓arnmissien Design Review Board may
be appealed to the City Council by the applicant, any aggrieved person, or the Zoning
Administrator. An aggrieved person is a person, or entity who participated personally, or
in writing before the Numktg-and Zoning-Goxtrsiw en-er the Design Review Board on
the application being appealed. The appealing party shall file a written notice of appeal
stating specifically which requirements are to be addressed by the City Council and the
grounds for the appeal with the Zoning Administrator before 5:00 p.m. of the tenth
calendar day after the final decision or determination has been made by the Design
Review Board. The basis of the appeal shall include the following:
1. Name, mailing address, and telephone number of the appealing party.
2. Date and subject matter of the final decision being appealed.
3. Inconsistency with the purpose and objectives of the ordinance effected by
the final decision.
4. Unreasonable economic hardship of the final decision (if applicable).
5. Undue interference with the design integrity of the proposal.
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6. Discriminatory prevention of allowed land use (if applicable).
7. Consideration by the Design Review Board of improper motive or
irrelevant information such as the race, ethnic origin, incomes, or other attributes
of the proposed occupants or owners (if applicable).
8. Unwarranted restriction of building type, material, or method.
B. Action by the City Council. Within twenty one (21) calendar days after receipt of
an appeal, the Zoning Administrator shall fix a date for a public hearing of the appeal
before the City Council and notify the appealing party and the applicant, with no further
notification being required.
C. The Zoning Administrator shall ascertain that all procedural requirements have
been met and schedule the appeal for the City Council hearing following the cut-off date
subsequent to submittal of the appeal. All pertinent information shall be forwarded to the
Ceneil far review ke City Council who may sustain, deny, amend, or modify the
appeal. the Design Review Board action, or anv conditions which are a Hart of the action
taken by the Design Review Board.
8-2A-15: TERM OF APPROVAL
Any approval given pursuant to the provisions of this Chapter shall lapse and become
null and void twelve (12) months following the date on which it was given, unless, prior
to the expiration date, construction or development is commenced and diligently pursued
toward completion on the site which was the subject of the application. Upon written
request to the NArrirg and Zoning Design Review Board containing the
reasons thereof, the Cemmiesien Design Review Board may grant an extension of time
for development not to exceed an additional twelve (12) months.
8-2A-17: RESTRICTIONS ON OTHER REQUIRED DOCUMENTS
A. Building/Zoning Permits. The Zoning Administrator shall not issue a building/zoning
permit to any applicant from within the Design Review Overlay District until the
design review application has been specifically approved in writing by the Zoning
Administrator or, Design Review Board -awl -the ✓ircriie,im
and is in full compliance with the Eagle City Code.
Section 2: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
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portions of this ordinance.
Section 3: This ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED this 9th day of September, 1997.
CITY OF EAGLE
Ada County, Idaho
RICK YZAGUI
MAYOR
ATTEST:
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SUMMARY OF
ORDINANCE NO. 307
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE
CITY CODE, TITLE 2 "BOARDS AND COMMISSIONS," CHAPTER 2 "DESIGN REVIEW
BOARD," SECTION 1 "BOARD CREATED MEMBERSHIP, QUALIFICATIONS,"
SECTION 3 "ORGANIZATION" AND SECTION 4 "DUTIES, JURISDICTION, AND
AUTHORITY" AND TITLE 8 "ZONING," CHAPTER 2A "DR DESIGN REVIEW OVERLAY
DISTRICT," SECTION 13 "PROCEDURE FOR APPROVAL," SECTION 14 "APPEALS,"
SECTION 15 "TERM OF APPROVAL," AND SECTION 17," RESTRICTIONS ON OTHER
REQUIRED DOCUMENTS"
A summary of the principal provisions of Ordinance No. 300 of the City of Eagle, Ada
County, Idaho, adopted on September 9, 1997, is as follows:
Section 1: Amends Eagle City Code, as follows:
A. Section 2-2-1, "Board Created Membership, Qualifications," is amended to allow
the Design Review Board to function on behalf of the Planning and Zoning
Commission as well as the City Council;
B. Section 2-2-4, "Duties, Jurisdiction, and Authority," is amended to establish that
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;
C. Section 8-2A-13, "Procedure for Approval," is amended to lengthen the period
prior to review by the Design Review Board, in which to submit the required
application and fee, from twenty-one (21) days to thirty-five (35) days; to identify
a procedure for notification of abutting or nearby property owners regarding board
level landscape and sign applications; and to remove references to review and
approval by the Planning and Zoning Commission;
D. Section 8-2A-14, "Appeals," is amended to remove references to "Planning and
Zoning Commission," making the City Council the appeal body for Design Review
Board action, or any conditions which are a part of that action; and
E. Sections 8-2A-15 and 8-2A-17 are amended to remove reference to "Planning and
Zoning Commission," and replace them with "Design Review Board."
Section 2: States that the provisions of Ordinance No. 307 are declared to be severable,
and that if any provision or application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of
Ordinance No. 307.
Page 1
Section 3: States that Ordinance No. 307 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 307 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 307 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the 9th day of September, 1997.
CITY OF EAGLE
Ada County, Idaho
M r
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. 307 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 9th day of September, 1997.
La_r.)z
City Attorney
Page 2
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Public. pion
STATE OF IDAHO
COUNTY OF ADA
Scott Crosby
deposes and says:
That I am the
} SS.
Summary of Ordinance No. 307
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
. bei:
Managing Editor of WEST A
twice weekly newspaper published at Eagle, in the County of,
Idaho; that said newspaper has been and is in general circulatic
aforesaid, and in the vicinity of Eagle; that the advertisement,
attached hereto, was published in said newspaper once a week
consecutive weeks in the regular and entire issue of said pap
and time of publication, and was published in the newspaper p
supplement; that said paper has been established and regularly
than seventy-eight consecutive weeks prior to the date of first
advertisement.
Such notice was published in the issue beginning with SE
19 97 , and ending with the issue of September 23
19 97
X
STATE OF IDAHO )
COUNTY OF ADA
On this 27 day of October in the year of 1997 be,
Public, personally appeared Scott Crosby , kn
to me to be the person whose name subscribed to the within ,* ins
being by me first duly sworn, declared that the statements there
acknowledged to me that he/she executed the same.
���t,e�pJ`1Eu14j���-
• '•• , Public for Idah
• IOTA
' Ry •
>�; _0_ :_ Residing at
'OVB LAG •;4.1
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•�rrlhnt: nrrtuvt �.
Copy of Notice
(First Copy)
SUMMARY OF
ORDINANCE N0.307
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
EAGLE CITY CODE, TITLE 2, `BOARDS AND COMMISSIONS," CHAPTER 2
"DESIGN REVIEW BOARD," SECTION 1 "BOARD CREATED MEMBERSHIP,
QUALIFICATIONS," SECTION 3 "ORGANIZATION," AND SECTION 4
"DUTIES, JURISDICTION , AND AUTHORITY" AND 111LE 8 "ZONING,"
CHAPTER 2A 'DR DESIGN REVIEW OVERLAY DISTRICT," SECTION 13
"PROCEDURE FOR APPROVAL," SECTION 14 "APPEALS," SECTION 15
"TERM OF APPROVAL," AND SECTION 17, "RESTRICTIONS ON OTHER
REQUIRED DOCUMENTS"
A summary of the principal provisions of Ordinance No.307 of the City of
Eagle, Ada County, Idaho, adopted on September 9, 1997, is as follows:
Section 1: Amends Eagle City Code, as follows:
A. Section 2-2-1, "Board Created Membership, Qualifications," is
amended to allow the Design Review Board to function on
behalf of the Planning and Zoning Commission as well as the
City Council;
Section 2-2-4, "Duties, Jurisdiction , and Authority," is amend
ed to establish thatlack of a quorum of Board members shall
require a review of pending business by the Board on the
Thursday following the scheduled Board meeting for which a
quorum was riot present;
Section 8-2A-13, "Procedure for Approval," is amended to
lengthen the period prior to review by the Design Review Board,
in which to submit the required application and fee, from twen
ty-one (21) days to thirty-five (35) days; to identify a procedure
for notifications of abutting or nearby property owners regarding
board level landscape and sign applications; and to remove ref
erences to review and approval by the Planning and Zoning
Commission;
Section 8-2A-14, "Appeals," is amended to remove references
to "Planning and Zoning Commission," making the City Coun
cil the appeal body for Design Review Board action, or any
conditions which are a part of that action; and
Sections 8-2A-15 and 8-2A-17 are amended to remove referencc
to "Planning and Zoning Commission," and replace them with
"Design Review Board."
Section 2: States that the provisions of Ordinance No.307 are declareitc
be severable, and that if any provision or application of such provision to any per
son or circumstance is declared invalid for any reason, such declaration shall no
affect the validity of remaining portions of Ordinance No.307.
Section 3: States that Ordinance No. 307 shall take effect and be in fora
from and after its passage, approval, and publication as required by law. Provide
that a summary of Ordinance No. 307 may be published in lieu of the entire ordi
nance in compliance with Section 50-901A, Idaho Code.
The full text of Ordinance No. 307 is available at City Hall and will be prc
a vided to any citizen upon request during normal office hours.
DATED as of the 9th day of September, 1997.
c CITY OF EAGLE
Ada County, Idaho
▪ /s/ Rick Yzaguirre
Mayor
ATTEST:
▪ /s/ Sharon K. Smith
City Clerk
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eag1
Idaho, hereby certify that I have read the foregoing Summary of Ordinance No. 3(
of the City of Eagle and that the same is true and complete and provides adequa
notice to the public of the contents of said Ordinance.
DATED as of the 9th day of September, 1997.
/s/John McFadden
City Attorney
L -216E September 23, 1997
ts.
C.
D.
E.
Number of Lines
ci( -7 frocr.
STATEMENT
West Ada Express
Number of Insertions
65 Lines @
Lines @
TOTAL COST
WILL BE
Eagle, Idaho
65 Lines
1
$1.50 $ 97.50
$ $
$ 97.50
NO.
L -216E