Ordinance - 2017 - 781 - Amending Title 2 Boards & Commissions/Chapter 2 Design Review Board/Amend Title 8 - 08/08/2017ORDINANCE 781
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE
2 "BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW BOARD",
SECTIONS 1 AND 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.
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 board shall be
composed of up to seven (7) members. Three (3) 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 adminir?tateri-upoweensent-e€
the city cl3r1[,
Section 2: 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
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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.
Lack of a quorum of board members shall require review of pending business by the board
during the next scheduled board meeting. on th3 Thur
Section 3: 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 city council may, at their discretion, suspend or relax some or all requirements
found in this article, if the city council determines a particular site, setting, or use to have special
and/or unique circumstances to warrant an exception to the requirements b
significance.
Section 4: 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:
A. Administrative Level Design Review Applications: Shall be scheduled as stipulated in
subsection 8 -2A -13A of this article. All design review applications shall be reviewed and
shall be acted on by the zoning administrator, except for those listed in subsection B of this
section.
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B. Board Level Design Review Applications: Shall be scheduled as stipulated in subsection 8-
2A -13A of this article. Design Review applications for the following shall be reviewed, and
shall be acted on by the design review board, subiect to final decision by the city council:
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 building facades with material changes.
4. Any addition to an existing twenty thousand (20,000) square foot or larger building.
5. Master sign plans
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.
C. 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.
Section 5: 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 action 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.
B. Action and Required Findings: Following a complete review of the design review
application, the zoning administrator,. OF design review board, or city council. whichever is
applicable, shall approve the application as presented, approve the application with
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supplementary conditions, continue the application for further review, or deny the
application.
1. City Findings: The city shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The zoning administrator, of design review board,
or city council, 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
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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.
C. Action By The City Council: Upon receipt of the recommendation by the design review
board, the city council shall either approve, approve with supplementary conditions. remand to
the design review board for further consideration, or deny the design review application as
presented. In lieu of adopting findings as outlined within Section 8 -2A -13B. the city council may
adopt the design review board's findings. Within seven (7) calendar days after a decision has
been rendered by the city council, the zoning administrator shall provide the applicant with
written notice of the action on the request.
Section 6: That Eagle City Code Title 8, Chapter 2, Article A, Section 14, 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-14: APPEALS:
A. Administrative decisions may be appealed to the design review board and design review
board desisiorr. any . • .. • - • - . 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 written decision
by filing with the administrator a notice of appeal specifying the grounds for the appeal.
The administrator shall transmit to - - ... . - ..: , - - the design review board-ef
the-eity-seuncil, all documents constituting the record upon which the appeal is based. An
appeal stays all proceedings in furtherance of the action taken.
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 subsection 8 -2A -13B of this
article;
b. Inconsistency with the purpose and objectives of this article;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarranted prevention of an allowed land use;
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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 ... • - .. - , - , . esign review board or the city ci', shall either
recommend approval, recommend approval with supplementary conditions, continue for
further review, or recommend denial of the design review application as presented and
shall adopt findings as required within subsection 8 -2A -13B of this article. Within -seven
provide the Y�'-i xmt
a n on the request.
5. Action By The City Council: Upon receipt of the recommendation by the design review
board, the citv council shall either approve, approve with supplementary conditions,
remand to the design review board for further consideration, or deny the appeal as
presented. In lieu of adopting findings as outlined within Section 8 -2A -13B, the city
council may adopt the design review board's findings. Within seven (7) calendar days
after a decision has been rendered by the city council, the zoning administrator shall
provide the applicant with written notice of the action on the request.
Section 7: 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 all
modifications to approved design review applications except for those listed in subsections B
and C of this section.
B. Board/Council Level Approvals: The following modifications to an approved design review
application shall require approval from the design review board, subiect to final approval bv_
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.
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C. City Council Approvals: City Council 4rtrra
C -D. Appeal: Any action on a modification to an approved design review application by cither
the zoning administrator Of-design-review-beardmay be appealed in accordance with
section 8-2A-14 of this article.
D_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.
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.
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 5 day of G/!/Sf
2017.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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Stan Ridgeway
Mayor
ATTEST:
Sharon K. Bergmann
City Clerk/ Treasurer
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SUMMARY OF
ORDINANCE 781
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 2
"BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW BOARD", SECTIONS 1
AND 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 provisions of Ordinance No. 781, of the City of Eagle, Ada County,
Idaho, adopted on August 1, 2017, is as follows:
Section 1: Amends Section 2-2-1, Eagle City Code, relating to the creation, membership and
qualification of the Design Review Board by deleting language relating to the function of the
board.
Section 2: Amends Section 2-2-4, Eagle City Code, relating to duties, jurisdiction and authority
of the Design Review Board by clarifying when business is reviewed when a quorum is not present.
Section 3: Amends Section 8-2A-3, Eagle City Code, relating to Effect of Other Provisions with
the Design Review Overlay District by clarifying the circumstances under which the council may
suspend or relax requirements of this article.
Section 4: Amends Section 8-2A-9, Eagle City Code, relating to Administrative and Board Level
Applications by clarifying that design review board level applications are subject to final decision
by the City Council and the types of application subject to board level design review.
Section 5: Amends Section 8-2A-13, Eagle City Code, relating to Design Review Application
Processing, by adding provisions for approval by the City Council.
Section 6: Amends Section 8-2A-14, Eagle City Code, relating to Appeals, by clarifying that
administrative decisions are appealed first to the Design Review Board and then to the City
Council and adding the procedure on appeal before the City Council.
Section 7: Amends Section 8-2A-16, Eagle City Code, relating to Modifications, by clarifying
that requests for modifications of approved design review applications are subject to final approval
by the City Council.
Section 8: Provides for severability.
Section 9: Provides a repealer clause.
Section 10: Provides for codification.
The full text of Ordinance No. 781 is available at City Hall and will be provided to any citizen
upon personal request during normal office hours.
Stan Ridgeway, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
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CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel
to the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No.
781 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 this 10th day of August, 2017.
1./.1"41A110
h.) . Holinka
MSBT Law, Chtd.
City Attorney, City of Eagle
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Idaho Statesman
Th. Nsw at this Tr•ssurs Valls"
IDA NOSTAT[SMAN-CDM
PO Box 40, Boise, ID 83707-0040
Account
ll` 263905
LEGAL PROOF OF PUBLICATIO
0003226308 1 LEGAL NOTICE SUMMARY OF ORDINANCE 71
Ad Number Identification
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
LEGAL NOTICE
SUMMARY OF ORDINANCE 781
AN ORDINANCE OF THE CITY OF EAGLE ADA COUNTY IDAHO,
AMENDING TITLE 2 'BOARDS AND COMMISSIONS", CHAPTER 2 "DE-
SIGN REVIEW BOARD", SECTIONS 1 AND 4; AND AMENDING TITLE 8
"ZONING", CHAPTER 2 "ZONING DISTRICTS AND MAP", ARTICLE A
"DESIGN REVIEW OVERLAY DISTRICT", SECTIONS 3 9, 13 16; PRO-
VIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
A summary of the principal provisions of Ordinance No. 781, of the
City of Eagle, Ada County, Idaho, adopted on August 1, 2017, is as
follows:
Section .1: Amends Section 2-2-1, Eagle City Code, relating
to the creation, membership and qualification of the Design Review
Board by deleting language relating to the function of the board.
Section 2: Amends Section 2-2-4, Eagle City Code, relating
to duties, jurisdiction and authority of the Design Review Board by
clarifying when business is reviewed when a quorum is not present.
Secttion 3: Amends Section 8-2A-3, Eagle City Code, relating
to Effect of Other Provisions with the Design Review Overlay District
by clarifying the circumstances under which the council may sus-
pend or relax requirements of this article.
Section 4: Amends Section 8-2A-9, Eagle City Code, relating
to Administrative and Board Level Applications by clarifying that de-
sign review board level applications are subject to final decision by
the City Council and the types of application subject to board level
design review.
Section 5: Amends Section 8-2A-13, Eagle City Code, relat
ing topDesign Review Application Processing, by adding provisions
for
6: by PmiendsuSection 8-2A-14, Eagle City Code, relat-
ing to Appeals, by clarifying that administrative decisions are ap-
pealed first to the Design Review Board and then to the City Council
and addingthe procedure on appeal before the City Council.
Section 7 Amends Section 8-2A-16, Eagle City Code, relat-
ing
elating to Modifications, by clarifying that requests for modifications of
approved design review applications are subject to final approval by
the City Council.
Section 8: Provides for severability.
Section 9: Provides a repealer clause.
Section 19: Provides for codification.
The full text of Ordinance No. 781 is available at City Hall and will be
provided to any citizen upon personal request during normal office
hours.
Stan Ridgeway, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law dulylicensed in the State of
Idaho and serving as counsel to the City of Eagle, Idaho, hereby cer-
ance No. 781 of the
CCity oft I have E Eagle and t at thethe ove same iSummaryuandreomplete and provides
adequate notice to the public of the contents of said ordinance.
Dated this 10th day of August, 2017.
Jill S. Holinka
MSBT Law, Chtd.
City Attorney, City of Eagle
Pub. Aug. 14, 2017
u003226308-01
sssssssss 114,4
RECEIVED &; FILED
CITY OF EAGLE
AUG 18 2017
PO r" "Ly E{vnolapl Iola Lines
Ord 781 I $135.44 2
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'••,'� TE OF
JANICE HILDRETH, being duly swom,
deposes and says: That she is the
Principal Clerk of The Idaho
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 uninterruptedly
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 Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for.
1 Insertions
Beginning issue of: 08/14/2017
Ending issue of: 08/14/2017
uz.k14etti)
gals Clerk)
STATE OF IDAHO )
COUNTY OF ADA )
On this 14th day of August in the year
of 2017 before me, a Notary Public,
personally appeared before me
Janice Hildreth known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true, and acknowledged to me
that she executed the same.
.SS
Notary Public FOR Idaho
Residing at: Boise, Idaho
My Commission expires: