Minutes - 2009 - Design Review - 12/10/2009 - Regular
DESIGN REVIEW BOARD
MINUTES
The Design Review Board met in regular session, December 10, 2009, Chairman McCullough
presiding.
1. CALL TO ORDER: Chairman McCullough calls the meeting to order at 6:00 p.m.
2. ROLL CALL: The following members were present: MC CULLOUGH, GRUBB,
BUTLER, KOCI, PASCUA. ABSENT: BARNES, WHITTAKER. A quorum is
present.
3. CONSENT AGENDA.
. Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless a Design Review Board
member, City Staff, or a citizen requests an item to be removed from the Consent
Agenda for discussion. Items removed from the Consent Agenda will be placed on the
Regular Agenda in a sequence determined by the Rules of Order.
. Any item on the Consent Agenda that contains written recommendations from the
City of Eagle shall be adopted as part of the Design Review's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of November 12,2009.
B. Findines of Fact and Conclusions of Law for DR-35-09 - Multi-tenant Office Buildine -
The Forum at Eaele, LLC: The Forum at Eagle, LLC, represented by James Gipson with
Gipson Associates, are requesting design review approval to construct a 7,090-square foot
two story multi-tenant office building. The 0.62-acre site is located on the southwest comer
of South Echohawk Lane and East Hill Road at 207 North Echohawk Lane within Piccadilly
Village Subdivision (Lot 12, Block 1).
C. Findines of Fact and Conclusions of Law for DR-36-09 - Master Sien Plan for the Eaele
Forum Buildine - The Forum at Eaele, LLC: The Forum at Eagle, LLC, represented by
James Gipson with Gipson Associates, is requesting design review approval of the master
sign plan for the Eagle Forum Building. The 0.62-acre site is located on the southwest
comer of South Echohawk Lane and East Hill Road at 207 North Echohawk Lane within
Piccadilly Village Subdivision (Lot 12, Block 1).
Butler moves to approve the consent agenda as written. Seconded by Koci. ALL
AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. Amendment of Design Review Board bylaws to modify starting time of Design Review
Board meetings.
Butler moves to change the time for Design Review Board meetings back to 6:00 p.m.
Seconded by McCullough. ALL AYE...MOTION CARRIES.
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B. Title 8 - Design Review Ordinance - Proposed Amendments:
A. Streamlining the City approval process for applications;
B. An allowance for extending expiration times for Design Review applications;
C. Providing criteria on temporary signage for businesses.
For the record, Butler's vote will not be related to item 5, but to everything else in the ordinance.
McCullough moves to approve ordinance 638 with the modifications that were made
here this evening. (Copy of Ordinance attached). Seconded by Grubb. ALL
AYE...MOTION CARRIES. Butler abstaining in regard to extension of time.
6. REPORTS:
A. Design Review Board: Welcome to new member, Heather Pascua. Discussion on
findings of fact.
B. Staff: Discussion on items for January meeting.
7. ADJOURNMENT:
Butler moves to adjourn at 7:00 pm. Seconded by Grubb. ALL AYE...MOTION
CARRIES.
RESPECTFULLY SUBMITTED:
.l~~---r~
SHARO K. BERGMANN
CITY CLERK/TREASURER
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APPROVED:
flYJV
E R.MCCULLOUGH
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL.
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DRAFT ORDINANCE 638
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, 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 need to streamline the approval timeline
process for Design Review applications, 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 8
"Sign Regulations", Subsection D "Special Signs" 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 except as otherwise specified herein:
D. Special Signs: Special portable signs, which are not classified as portable temporary signs
as regulated within this title, which are used on an ongoing daily basis throughout the year
may be permitted by the city if the following criteria is complied with:
1. Special portable signs shall require a design review application anddesign-review-beard
staff level approval.
2. Special portable signs shall be unique in character with styles designed in accordance
with Eagle architecture. Materials shall be weatherproofed and shall be properly
maintained.
3. Illumination for special portable signs is prohibited.
4. No more than one special portable sign shall be permitted for any business.
5. Special portable signs shall be a maximum of sixteen (16) square feet along roadways
with three (3) or less travel lanes with a speed limit of twenty five (25) miles per hour or
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less and twenty five (25) square feet along roadways with more than three (3) travel lanes
or along roadways with a speed limit of over twenty five (25) miles per hour.
6. Special portable signs shall be a maximum of five feet (5') in height along roadways with
three (3) or less travel lanes with a speed limit of twenty five (25) miles per hour or less
and seven feet (7') in height along roadways with more than three (3) travel lanes or
along roadways with a speed limit of over twenty five (25) miles per hour.
7. Special portable signs shall only be permitted on, or on the sidewalk adjacent to, the
parcel on which the business is located and shall not be permitted on any other parcel
except that any multi -tenant site shall have the sign on the site and not on any other site.
8. Special portable signs on a public sidewalk abutting the business's parcel may be
permitted if a minimum of five feet (5') of unobstructed walkway, or ADA required
minimum, remains for pedestrians.
9. Any sign in a driveway or street sight vision triangle shall be a maximum of thirty two
inches (32") high measured from the driveway or street.
10. Special portable signs shall not be permitted to be on or within any berm or any portion
of a landscaped area unless the sign is placed in a location so it is level and does not
block the irrigation system.
11. Special portable signs shall be moved inside of the building at the end of each business
day.
12. Banner signs shall not be considered special portable signs.
Section 2: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 9
"Procedures", Subsection A "Administrative Design Review" 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-9 to remain unchanged except as otherwise specified herein:
A. Administrative Design Review: All applications for design review of site and building
development or alteration as specified below shall be reviewed by the zoning
administrator in accordance with the criteria listed and set forth in this article. Any
applicant shall be entitled to appeal the zoning administrator's decision to the design
review board.
1. All minor alterations to existing buildings and sites, including signs and minor
landscaping.
2. An alteration or addition to an existing structure which is twenty five percent (25%)
or less of the gross floor area for buildings which are twenty thousand (20,000) square
feet or smaller.
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3. All signs not requiring a master sign plan annlication and Ttenant wall sign
applications made pursuant to the requirements of an approved master sign plan
application and this code. Anv signage proposed with a new building requires Board
level review and approval.
4. Applicant must meet all city codes.
Section 3: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 13
"Procedure for Approval", Subsection A "Design Review Board Action", Item 1 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 except as otherwise specified
herein:
1. Rec-ommendatien Action 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 ac presentedTappreved approve the application as presented, approve the
application with supplementary conditions, continued the application for further review, or
disapproved -the application. The board shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the ieeommexdation of approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
Section 4: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 13
"Procedure for Approval", Subsection B "Action By the City Council" is hereby amended with
the underlined text added and the strikethrough text deleted to read as follows, with the
remainder of 8-2A-13 to remain unchanged except as otherwise specified herein:
B. Action By The City Council: The council shall ' ,- - • :: -, • :: - supplementary condition°, or deny the design re -view application a° presented. Notice of
Design Review Board Decision: Within ten (10) seven (7) working calendar days after a
decicion has been rendered by the the Board adopts findings of fact and
conclusions of law, 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 14
"Appeals" 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
except as otherwise specified herein:
A. Appeal Of Zoning Administrator Decisions: Any final decision on an administrative
design review application by the zoning-adminiatrator may be appealed to the design
review board bytke applicant. The appealing party shall file a written notice of appeal
stating specifically which requirements are to be addressed by the design review board
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and the grounds for the appeal with the zoning administrator before five o'clock (5:00)
P.M. of the tenth calendar day after the final decision or determination has been made
by the zoning administrator. 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 affected by the final
decision.
4. Unreasonable economic hardship of the final decision (if applicable).
5. Undue interference with the design integrity of the proposal.
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 Design Review Board: Within twenty one (21) calendar days after receipt
of an appeal, the zoning administrator shall fix a date for a public meeting of the appeal
before the design review board and notify the appealing party with no further
notification being required.
C. Procedural Requirements Met: The zoning administrator shall ascertain that all
procedural requirements have been met and schedule the appeal for the design review
board meeting following the cutoff date subsequent to submittal of the appeal. All
pertinent information shall be forwarded to the design review board for their action. In
accordance with 8-2A-13, "Procedures for Approval" the Board who may sustain, deny,
amend, or modify the appeal or any conditions which are a part of the action taken by
the zoning administrator.
D. Appeal of the Design Review Board Decision: Anv final decision bv the Design Review
Board may be appealed to the City Council. The appealing party shall file a written
notice of appeal stating specifically which requirements are to be addressed bv the City
Council and the grounds for the appeal with the zoning administrator before five o'clock
(5:00) P.M. of the fourteenth calendar day following the Board's adoption of findings of
fact and conclusions of law for the appealed item. The basis of the appeal shall include
the following:
1. Name, mailing address, and telephone number of the appealing party.
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2. Date and subiect matter of the final decision being appealed.
3. Inconsistency with the purpose and objectives of the ordinance affected by the final
decision.
4. Unreasonable economic hardship of the final decision (if applicable).
5. Undue interference with the design integrity of the proposal.
6. Discriminatory prevention of allowed land use (if applicable).
7. Consideration by the City Council 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.
D. E. Action By The City Council: Upon appeal a zoning
admin ,trator or the -appealing party, the council may either approve, approve with
supplementary conditions, or deny the appeal as presented. Within ten (' 0` working
fourteen (14) calendar 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 6: That Title 8 "Zoning", Chapter 2A "Design Review Overlay District", Section 15
"Term of 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
except as otherwise specified herein:
Any approval given pursuant to the provisions of this article 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. Provided however
that, any Design Review Application which obtained approval between January 1. 2007,
and December 31. 2009. shall not lapse or become null and void until December 31.
2010. Said applications shall comply with Ordinance 618. Upon written request to the
zoning administrator, containing the reasons thereof, the administrator may grant
extensions of time for approved design review applications, provided the administrator
finds the proposed development complies with current ordinance requirements.
Section 7: 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 8: 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 9: 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 day of , 2010.
CITY OF EAGLE, IDAHO
Ada County, Idaho
Phil Bandy
Mayor
ATTEST:
,00k., Sharon K. Bergmann
City Clerk/ Treasurer
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