Ordinance - 1980 - 55 - Repeal The Design Review Section Of Ordinance - 04/23/1980ORDINANCE NO. 55
AN ORDINANCE REPEALING THE DESIGN REVIEW SECTION OF ORDINANCE
NO. 40 STATING THE PURPOSE, USES, AREA, GOAL AND CRITERIA
OF THE DESIGN REVIEW OVERLAY DISTRICT, PRESCRIBING THE
REQUIREMENTS FOR THOSE BUILDING WITHIN THE DESIGN REVIEW
DISTRICT, CREATING THE DESIGN REVIEW BOARD, PRESCRIBING
THE CONDITIONS AND AUTHORITY OF THE DESIGN REVIEW BOARD,
PRESCRIBING THE ENFORCEMENT PROVISIONS FOR COMPLIANCE WITH
THE DESIGN REVIEW REGULATIONS AND THE APPELLATE PROCEDURES
FOR DESIGN REVIEW ACTIONS AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF EAGLE, ADA COUNTY, IDAHO:
SECTION A. PURPOSE
1. The general opinion of the Eagle Business Community is that
this plan would increase the economy of Eagle. Perhaps
far more important, however, is that Eagle would be a
more attractive place both to live and to shop. The
element of beauty and pride is an overriding factor in
this design review overlay district.
2. The purpose of a Design Review Overlay District is to:
A. Recognize the interdependence of land values and
esthetics and to provide a'method by which Eagle
may implement this interdependence to its benefit.
B. Encourage development of private property in harmony
with the desired character of Eagle and in conformance
with the guidelines herein provided with due regard
to the public and private interests involved.
C. Foster attainment of those sections of the Eagle
Comprehensive Plan which specifically refer to
preservation and enhancement of the particular
character of Eagle and its harmonious development,
through encouraging private interests to assist in
their implementation.
D. Assure that the public benefits derived from expenditures
of public funds for improvement and beautification of
streets and other public structures and spaces shall
be protected by the exercise of reasonable controls
over the character and design of private buildings
and open spaces.
SECTION B. USES
All uses are permitted in the respective district with which the
DR District is combined, subject to provisions of those
districts.
SECTION C. AREA
Attached as Annex "A" is a map of the Design Review Overlay
District which is superimposed over other districts.
SECTION D. GOAL AND CRITERIA
1. The general theme of the DR District is to present the
City of Eagle in a "western" or "turn of the century"
appearance. (There has been a definite expressed desire
by a large majority of the Eagle Business Community to
eventually accomplish this goal.)
2. Annex "B" contains a detailed listing and graphics of
materials and architectural designs permitted in the
DR District. (This appendix was written by a cross
section of community minded citizens striving for a
better community which they believe will be beneficial
to everyone, the business persons and residents of
Eagle.)
SECTION E. DESIGN REVIEW APPLICATION REQUIRED
1. Prior to application for a permit to erect, construct,
alter, move, remodel, reface or repaint or otherwise
change a building or structure in the Design Review
Overlay District, the applicant must file an application
(upon a form prescribed by the Council) with the City
Clerk. All districts with which the Design Review
Overlay District is combined shall be required to apply
for Deisgn Review consideration.
2. All applications shall be accompanied by appropriate
architectural and site development plans to scale which
shall show:
A. Site plan showing roof plan of building; location of
existing trees and structures, if any; location and
dimensions of streets and highway designations; location
of off-street parking and loading facilities; location
of points of entry and exit for vehicles and internal
circulation patterns; location of walls and fences
and indication of their height and material of
construction; exterior lighting standards and devices;
and grading and slopes, where these affect the
relationship of the buildings.
B. Architectural drawings showing the plan to scale; four
elevations to include all sides of development,
perspectives, models or other suitable graphic
materials may be submitted at the option of the applicant;
preliminary landscape plan, including the plant names;
site photographs (snapshots) of the site itself and
adjacent properties to intersections; color and texture
chips of actual samples of materials may be submitted
at the option of the applicant; proposed color scheme;
and scale drawings of all signs showing size, material,
text or other graphic symbols, colors, and illumination.
SECTION F. DESIGN REVIEW BOARD
1. The Eagle City Council hereby creates a Design Review Board.
2. DUTIES: The duties of the Design Review Board shall be to
make recommendations to the City Council on any matter
requiring qualified esthetic and architectural judgment
to the end that the general appearance of any improve-
ment shall preserve or enhance the physical environment
and character of the community. The Design Review Board
shall review all design review applications.
3. MEMBERSHIP
The Design Review Board shall consist of five (5) members
appointed by the Mayor and confirmed by the Council.
Insofar as possible, two of the members shall be architects,
one member shall be a landscape architect and two members
shall be representatives of the community who have
demonstrated a knowledge of, or experience in the visual
arts. Members shall be residents of Eagle or its Impact
Area. No person holding any public office or position in
the Eagle City Government shall be eligible for membership
on this board. Members shall serve without compensation.
4. TERM OF OFFICE
The members of the first board shall take office as of
the date of their appointment and qualification. Initial
appointments shall be, one for one year, two for two years,
and two for three years, and thereafter members shall be
appointed for a term of three years. All members shall
be eligible for reappointment, and vacancies shall be
filled by appointment for the balance of the unexpired
term.
5. OFFICES
The Board shall designate a chairman and vice-chairman
from its membership, and shall adopt its own rules regarding
its meetings and procedures. The Mayor shall designate a
secretary to keep the minutes and other appropriate
records of the Design Review Board.
SECTION G. PROCEDURES AND CONSIDERATIONS.
Annex "C" contains a listing of the procedures to be followed
by the Design Review Board and a listing of the matters which
shall be considered by the Design Review Board and the Eagle
City Council in reviewing a design review application.
SECTION H. DESIGN REVIEW BOARD ACTION
Within 30 days of the date that the drawings, plans and
other materials along with the application for design review
are accepted by the City Clerk, and the appropriate fee has
been paid, the Design Review Board shall review the application
and the materials submitted therewith in the light of the
purposes of this chapter and the design guidelines prescribed
in the Annexes, and shall transmit a report to the Eagle City
Council containing the Board's recommendation which shall
approve, approve with modifications, or disapprove the design
or site plan. If modification is required or if the proposed
design is rejected, the Board shall prepare a statement of
the reasons for its action. The Board's recommendation shall
be submitted to the Eagle City Council within 10 days after it
has reviewed an application unless the applicant asks for a
postponement or the Board postpones final determination while
awaiting further data. All official meetings of the Design
Review Board shall be open to the public.
SECTION I. CITY COUNCIL ACTION
ANNEX B
LISTING AND GRAPHICS OF MATERIALS AND ARCHITECTURAL DESIGNS
PERMITTED IN THE DESIGN REVIEW DISTRICT.
1. MATERIALS
A. Materials permitted: Wood board and bat, logs,
old or rustic brick.
B. Materials permitted, with review: Rock and stone,
stucco, horizontal wood drop siding, cedar shingles.
C. Materials not allowed: Plywood sidings (except in a
board -and -bat pattern), metal sidings.
D. Other materials will be subject to review by the staff.
E. Surface finishes: Rough sawn or milled board and
bat surfaces may be left unfinished or oiled and/or
stained to protect the surface material. Cedar or
redwood both contain natural oils that protect the
wood. The use of a sealer or oil base or solid color
stain is acceptable. Horizontal wood drop siding may
be painted, or left unfinished, or sealed or stained.
Where boardwalks are used instead of concrete walks,
pressure treated wood members are to be used.
F. These criteria shall apply to all exterior walls which
are visible to the public.
2. ROOFS
A. Materials may be wood shakes or shingles, or asphalt or
composition shingles with appropriate colors.
B. Metal with standing or batten/rib seams will be
permitted by review.
C. Flat roofs may be acceptable in some instances but
the surface should be covered with gravel or other
non -reflective material in earth tones or dark gray.
3. COLORS
A. Bright, contrasting "flashy" colors are not permitted.
B. Earthen tones such as yellows, reds, browns, and
greens are encouraged.
C. Black and white may also be used by review.
D. Rough sawn or milled board and batten, particularly
cedar and redwood, may be retained in a natural finish
which will ultimately weather to silver-gray in color.
E. Flat or low -gloss finishes should be utilized rather
than high -gloss finishes.
F. The large area surface colors should generally be
contrasted with white trim at the cornice, vertical
corner trim at the edges of the building, windows
and doors, porches and balustrades.
G. Penetrating stains are favored over paint on wood
surfaces.
H. Roof -top heating and air conditioning equipment, large
vent stacks, and similar features should be avoided,
and if essential, will be painted so as to be non -
reflective and, insofar as feasible, will be screened
from view.
I. Exposed metal flashing or trim will be anodized or
painted to blend with the exterior colors of the
building.
ANNES "B"
Page 2
4. SIGNS
A. Self -lighted signs (neon, flashing, etc.) are not
permitted.
B. Flood -lit signs are permitted.
C. The sign may be painted directly on the facade of the
building, either directly on the finished material or
on a signboard affixed to the building. Ornamentation
may be achieved at the edge of the signboard by its
particular shape, and the application of edge holding
or individual cut -raise letters may be utilized for
relief and contrast.
D. Other acceptable signing methods include projecting
double-faced boards, affixed high on a facade of the
building, and structurally supported by wires.
E. Free-hag*ingsignboards, attached under covered porches,
may also be used.
F. Lettering may be ornamental and/or shaded and painted
in contrasting colors on flat surfaces. Individual
cut-out letters applied to the sign surface and routed
letters are also acceptable.
5. WINDOWS AND GLASS
A. Wood frame windows, or windows trimmed in wood, are
encouraged.
B. Windows larger than 3 feet wide by 4 feet high shall
be divided by mullion bars, which can be applied in
such a way as to permit large individual sheets of
glass.
6. LANDSCAPING
A. Planting of street trees will be required where public
right-of-way space permits. These trees will be of a
variety indicated by the City, and will be planted in
a container or planting well. Applicants may petition
for relief from this requirement.
B. Additional landscaping will be required for new
construction, and shall cover a minimum of 5% of the
portion of the building site which is not covered by
a building. Exceptions to the 5% minimum may be
granted for unique designs.
C. All landscaping will be maintained in a healthy manner.
D. Automatic sprinkling systems will be installed wherever
practical.
E. A detailed landscaping plan, indicating the names of
all planting material, plus their size at the time
of planting will be submitted for review prior to
issuance of a building permit.
F. Exterior walks and paths, if surfaced, will harmonize
with the materials used in structures on the site, and
should be surfaced with non -reflective material of a
type and color that is compatible with the natural
setting.
%1,
ANNEX "B"
Page 3
G. Landscaping in parking areas will be designed to achieve
as much screening as possible by the use of trees,
large shrubs, hedges, fences, berms, and similar features.
7. ACCESSORY STRUCTURES
The design of accessory structures, fences, and walls
will be harmonious with the main building and other
buildings on the site. Insofar as practical, the same
building materials will be used on all structures on a
site.
8. MISCELLANEOUS
A. Deep eaves, overhangs, canopies, and other architecutral
features that provide shelter from the elements in
winter and shade in summer will be incorporated in
the building wherever feasible.
B. Buildings should not be sited where they block scenic
vistas from public roads.
C. Alteration of natural landforms by grading should be
minimized and should include only that necessary for
building foundations, parking areas, access roads and
drives, utilities, and outdoor living space; however,
screening berms are encouraged.
D. Roads and building sites on hillsides should conform
with the natural terrain as much as possible, and
where grading is necessary, cut and fill slopes
should be sculptured in form to blend with the natural,
undisturbed terrain.
E. The design of structures located on hillsides should
be adopted to fit specific site conditions rather
than being based on standard plans, and normally the
long dimension of a structure should follow the natural
contours of the land.
ANNEX C
ADMINISTRATIVE STANDARDS
A. Specific aspects of design should be examined to
determine whether the proposed development will
provide desirable environment for its occupants as well
as for its neighbors, and whether, esthetically, it is
of good composition, materials, textures and colors.
B. The Board/Council shall consider the following criteria
in reviewing the application:
1. Overall mass as well as parts of any structure
(buildings, walls, screens, towers or signs)
and effective concealment of exposed mechanical and
electrical equipment.
2. A limited palette of colors.
3. A limited number of materials on the exterior
face of the building or structure.
4. Avoidance of repetition of identical entities
wherever possible.
5. Harmonious relationship with existing and proposed
adjoining developments, avoiding both excessive
variety and monotonous repetition, but allowing
similarity of style, if warranted.
6. Site layout, orientation and location of structures
and relationship to one another and to open spaces
and topography, definition of pedestrian and
vehicular areas, i.e., sidewalks as distinct from
parking lot areas.
7. Location and type of planting, with due regard to
preservation of specimen and landmark trees, and to
maintenance of all plantings.
8. Design and appropriateness of signs as well as of
exterior lighting and, where subject to control,
of overhead utility lines.
9. Harmony of material, colors and composition of those
sides of a structure which are visible simultaneously.
10. The effect of the site development plan in relation
to the adequacy of the storm and surface water
drainage proposals.
Within 30 days after the Board forwards its recommendation,
the City Council shall review the application and either approve,
approve with modifications, or disapprove the design or site
plan. If modification is required or if the proposed design
is rejected, the Council shall prepare a statement of the
reasons for its action.
SECTION J. LAPSE OF DESIGN OR SITE PLAN APPROVAL
Any approval by the City Council given pursuant to the
provisions of this chapter shall lapse and become null and
void one year following the date on which it was given,
unless prior to the expiration date, construction or develop-
ment is commenced and diligently pursued toward completion
on the site which was the subject of the application.
SECTION K. ENFORCEMENT
1. The Zoning Administrator shall not issue a building permit
to any applicant from within the Design Review Overlay
District until the design review application has been
approved by the Council.
2. The Zoning Administrator shall not issue a certificate of
occupancy to the applicant until all of the requirements
of the design review application, as approved by the Council,
have been complied with.
3. The Building Inspector or such other officer appointed
by the Council shall enforce the provisions of this
chapter.
4. Within ten (10) days after a decisions has been rendered
by the Council, the Administrator shall provide the
applicant with written notice of the action on the request.
SECTION L. PENALTIES
Violation of any of the provisions of this Ordinance
or failure to comply with any of its requirements shall
constitute a misdemeanor.
SECTION M. REPEALER
All ordinances or parts of ordinances in conflict
herewith are hereby repealed, particularly Ordinance No.
40, Article IX relating to Design Review Overlay District (DR).
SECTION N. SEPARABILITY CLAUSE
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held invalid, such deci-
sion or decisions shall not affect the validity of the remaining
portions of the ordinance.
PASSED AND APPROVED by the Mayor and Council this .9.A
day of , , 1980.
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ANNEX "A" OF ORDINANCE #55
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City of Eagle Ordin a No. 55:
Design RevieW Gi cW Dtsteict
SUMMARIZAT4CgI4 r" 1420C1-sTY OF
EAGLE OR9INANCP'5h . 5 WHICH
IS AN 0 i A INC DE-
SIGN R OF ORDI-
NANCE�tt : 4F1,� 1HE PUt-
POSE, US'ES, ARE44.iGOAL `ANE ERI-
TERIA OF THE DESIGN R5Y
OVERLAY DISTRICT, PRESC G
THE REQUIREMENTS FOR E
BUILDING WITHIN THE DESIGN
REVIEW DISTRICT, CREATING THE
DESIGN REVIEW BOARD, PRE- I
SCRIBING THE CONDITIONS AND
AUTHORITY OF T*HE DESIGN RE-
VIEW
SCRIBI NG THE
ENFORt MEN1OV{ISiIONS FOR
REV EW REGULCE ATIONS O THE
APPELLATE PROCEDUf�_FOR
DESIGN REVI�L�W A Tibti�,`AND DE-
CLARI ' N"EMERGENCY.
A str 0.. try of the principal provi-
sions o • e Ordlnartihe is as follows:
(a) Any-bertbn wfuhing to erect, con-
strUctk alter, move, or rem der, reface,
or repaint, or otherwise c .. a build-
ing or strUctute in the D i QzReview
Overlay District must fitt applica-
tion for dgn Mile consideration.
The appliMust it accomparifed
by an a opriate architectural and
sited dent plan.
T
(b) T " inence creates the Design
Review decd, to review alt applica•
tionS.
(c) The Ordinance states thefunction
of the Design Review Board, and the
procedure for obtaining City -Council
approval of any construction -within the
Design Revie, f]istrict.
(al) The
0 . rice states that the Or-
dinance s •,: se enforced by the Build-
ing in5 r, rand that a BuIIdin§ Per-
mit wit tissued to do of:VW:nf
within - 'es §n Review Ovetiati Dis-
trict until 4 explication hers been ap-
proved by 1 CoUnoft.
The ❑ View i Wee District:.
OrdinarreW\Ii5IS mediate
tely, and a Rill tegt of t once is
available at the Eagle City al
Pub. April 26,198D 4166
STATE OF IDAHO)
COUNTY OF ADA )
at,d
SS.
, being duly sworn,
deposesnd says: That she is the Principal Clerk
of The Ydaho Statesman, a daily newspaper printed
and published at Boise, Ada County, State of Idaho,
and having a general circulation therein and which
said newspaper has been continuously and uninter-
ruptedly published in said County during a period
of twelve consecutive months prior to the first
publication of the notice, a copy of which is
attached hereto; that said notice was published
in the regular edition of The Idaho Statesman
for one insertion, in the issue of
April 26
, 19 80
, Principal nci al Clerk
Subscri d and sworn to before me this 28th
day of April 19 80
Notary Public for 4'daho,`c -siding at Boise, Idaho