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Minutes - 2009 - Design Review - 09/24/2009 - Regular DESIGN REVIEW BOARD MINUTES The Design Review Board met in regular session September 24,2009, 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, BARNES, BUTLER. ABSENT: WHITTAKER, KOCI. 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 September 10, 2009. B. Findine;s of Fact and Conclusions of Law for DR-29-09 - Monument Sie;n for Eae;le Hills Golf Course - Dave Bee;row: Dave Begrow is requesting design review approval to construct a monument sign for Eagle Hills Golf Course. The site is located on the west side of North Edgewood Lane approximately y,.-mile south of Floating Feather Road at 605 North Edgewood Lane. Barnes moves to approve the consent agenda as written. Seconded by Grubb. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: A. DR-77-05 MOD2 - Modification to the Common Area Landscapine; within Corrente Bello Planned Unit Development - Gemstar Development. LLC: Gemstar Development, LLC, represented by Scott Noiyuki with Northside Management, is requesting a modification to the design review application for the common area landscaping within Corrente Bello Planned Unit Development. The 94.89-acre site is located on the north side of Floating Feather Road approximately ~- mile west of Eagle Road on the west and north sides of Eagle Middle School. This item was continuedfrom the September 10, 2009 meeting. The applicant is present. Board discussion. 1 McCullough moves to approve DR-77-05 MOD2 - Modification to the Common Area Landscaping within Corrente Bello Planned Unit Development with the following modifications to the site specific conditions: Site specific condition #4: Strike completely. Site specific condition #5: Strike completely. The Design Review Board unanimously accepts the plans date stamped 8/6/09. Seconded by Barnes. ALL AYE...MOTION CARRIES. 6. REPORTS: A. Design Review Board: Discussion on continuation of the Design Review Board. B. Staff: More discussion on the Board. 7. ADJOURNMENT: Grubb moves to adjourn at 6:10 pm. Seconded by Barnes. ALL AYE...MOTION CARRIES. RESPECTFULLY SUBMITTED: "",.... """" ,., ..J OF b '. ," ~ ~ <<;A'. ," ,.'\" .......0 ... ~'-I .('. ! O"PO~-1 .... ~ .... .... c; ~. '. . \..... . : et.~:. . . .. \ lft. -:"SEAL .: '. ~ ..('>" ~... .. " .., ";~~R ATt!) \\.. ('\ -.. )'t~ ....... \' .....: OF 1\1 e... '. f J U.~' i-/m.l~ ~ i~ ~ ClLvlc , L,).( SHARON K. BERGMANN '-/[) v CITY CLERK/TREASURER APPROVED: A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL. 2 '1,123 1‘1-1- Ptil/Cau) 9 (4g/O 7 September 21, 2009 SENT VIA E-MAIL TO BARB CERDA (bcerda@cityofeagle.org) City of Eagle DESIGN REVIEW BOARD Board Members Eric McCullough - Chairman Robert Grubb - Vice -Chairman Debbie Barnes Christine Whittaker Mark Butler John Rimbey Trent Koci RE: DR -77-05 MOD2 — Modification to the Common Area Landscaping within Corrente Bello Planned Unit Development — Gemstar Development, LLC: ,,."., Board Members: I am writing this letter (in the form of an e-mail) to provide written testimony regarding the above referenced matter scheduled for a public meeting on September 24, 2009. I have not been asked by Gemstar to provide this testimony. I am a resident of Corrente Bello. I purchased a vacant lot in January of 2008 and hired a builder to build my home and moved to Eagle in October 2008. During the construction process I became active in a variety of matters at the development and subsequently was elected to the Homeowner's Association Board. I am currently the President and Treasurer. When I purchased my lot, I did not know that a different tree was specified along the entry drive than the ones planted. I did not know this was an issue until recently. I have spoken with Gemstar and have had brief conversations with City staff members and the matter has been defined to me in summary form as follows: 1. The conditions of approval specified different trees along the main entry drive than those which were planted by the developers. 2. Gemstar provided financial security for a portion of the trees which would have been along their portion of the two subdivisions and the City retains that security. 3. Corrente Bello LLC (the other developer) either did not provide financial security or it was not maintained by the City without the improvements being completed as specified. Corrente Bello LLC 1 lost it's ownership in the subdivision to its lender in January of 2009. The lender acquired the real estate, not the LLC. The lender has since been taken over by the F.D.I.C. 4. Gemstar is requesting that the existing ash trees be permitted to remain and their financial security be released. The Corrente Bello Subdivision Homeowners Association Board has considered the matter as it has been described to us. Since Corrente Bello LLC no longer exists, we believe the City is faced with the following primary options. 1. Require Gemstar to place the specified trees on one side of the street. 2. Require Gemstar to place the specified trees on one side of the street and the City attempt to persuade the HOA to replace the trees on the opposite side of the street. 3. Modify the approved specification, permit the existing trees to remain and release the financial security to Gemstar. We have unanimously agreed that our recommendation to the Design Review Board is to proceed with number 3 above. Our judgment may have been different if sufficient financial security were in place to do the replacement. We will admit, we have not seen the specified trees and would likely prefer your choice of them but we also are satisfied with the existing ash trees. We do not want to see two different tree types on opposite sides of the entry drive. The HOA is not responsible for what occurred and would resist any effort by the City to place it in the role of Corrente Bello LLC. This has been a difficult year for this subdivision financially and that will likely be the case for the next few years. The HOA simply does not have the funds to participate in the replacement of the trees. We are working diligently in maintaining the significant amount of plant material within the subdivision together with the maintenance of the other amenities with the limited funds we have. We wish to express our gratitude to the City for its substantial role in making Corrente Bello what it is and providing the opportunity for us to invest and live in this fine subdivision in Eagle. Once again, based on our understanding of this issue, we support the requested modification by Gemstar. Sincerely, TERRY W. OLSEN President & Treasurer Corrente BeIIo Subdivision Homeowner's Association Home address: 1905 N. Valle BeIIo Way, Eagle, Idaho Office telephone: 938-3648 terrvwolsen@a.com 2