A. Design Review Application Scheduling: At least thirty five (35) days prior to action by the administrator or design review board, anyone required to comply with this title shall submit their application, together with the required fee, to the administrator. The 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 administrator or design review board, whichever is applicable, shall approve the application as presented, approve the application with 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 administrator or design review board, 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;
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; and
j. Will be consistent with the Spring Valley PADA.
C. Appeals: 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.
2. Within seven (7) calendar days after receipt of an appeal, the 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 B of this section;
b. Inconsistency with the purpose and objectives of this title;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarranted prevention 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 subsection B of this section. Within seven (7) calendar days after a written decision has been rendered by the city council, the administrator shall provide the applicant with written notice of the action on the request. (Ord. 710, 1-14-2014)