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Minutes - 2011 - Design Review - 01/27/2011 - Regular DESIGN REVIEW BOARD MINUTES The Design Review Board met in regular session, January 27, 2011, 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, BUTLER, KOCI, PASCUA, SAYER. ABSENT: GRUBB, 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 January 13, 2011. B. Findings of Fact and Conclusions of Law for DR-29-10—Two Building Wall Signs for Model Home Furnishings —Todd Kamps: Todd Kamps, represented by Todd Taylor with Young Electric Sign Company, is requesting design review approval to construct two building wall signs for Model Home Furnishings. The site is located on the south side of State Highway 44 at 1041 South Ancona Avenue within Ancona Business Park. C. Findings of Fact and Conclusions of Law for DR-32-10 & WA-02-10— Conversion of a Dance Studio (formerly known as the Eagle Performing Arts Center) to a Multi-tenant Retail-Pharmacy/Retail or Medical Office/Storage Building— Shah Afshar: Shah Afshar, represented by Walter Lindgren with Johnson Architects, is requesting design review and waiver approval to convert a 6,556-square foot dance studio to a multi-tenant retail-pharmacy (3,590-square feet), retail or medical office (1,599-square foot), and storage area(1,367-square feet). The 0.30-acre site is located on the south side of West State Street approximately 60-feet west of Olde Park Place at 149 West State Street. Butler will abstain since he was unable to attend the meeting when these items were heard. Koci moves to approve the consent agenda as written. Seconded by Pascua. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: None. K:\DESI_REV\MINUTES\Temporary Minutes Work Area\DR-01-27-11 MIN.doc 5. NEW BUSINESS: Butler states that he has had discussions with the applicant and others in regard to this matter and he states that he can make an unbiased decision about this matter. A. DR-33-10—Convert Retail Drugstore into an Entertainment Facility—Bill McCarrel: Bill McCarrel is requesting design review approval to convert a retail drugstore into an entertainment facility. The 0.32-acre site is located on the north side of East State Street approximately 130-feet east of Eagle Road at 50 East State Street. Bill McCarrel, 1570 N. Snead, Eagle addresses the Board. City Planner Cerda discusses the findings for the application. Butler moves to approve DR-33-10—Convert Retail Drugstore into an Entertainment Facility with the standard conditions of approval and the site specific conditions of approval, numbers 1-17 as outlined within the findings of fact and conclusions of law for the next item on the agenda on pages 10 and 11 of that document. Seconded by Koci. Discussion. Butler amends the motion to add that this item and the interpretation of the use as an approved use in the downtown has unanimous support of the Design Review Board. Second concurs. ALL AYE...MOTION CARRIES. Al. Findings of Fact and Conclusions of Law for DR-33-10—Convert Retail Drugstore into an Entertainment Facility—Bill McCarrel: Bill McCarrel is requesting design review approval to convert a retail drugstore into an entertainment facility. The 0.32-acre site is located on the north side of East State Street approximately 130-feet east of Eagle Road at 50 East State Street. Butler moves to approve the Findings of Fact and Conclusions of Law for DR-33-10- Convert Retail Drugstore into an Entertainment Facility. Seconded by Pascua. Butler adds that with the understanding that the condition we added on the previous item is included in the findings of fact and conclusions of law. Second concurs. ALL AYE...MOTION CARRIES. 6. REPORTS: A. Design Review Board: None. B. Staff: Nichoel Baird-Spencer, long range planner for the City addresses the Board in regard to M3 Planned unit development and design guide lines. 7. ADJOURNMENT: Butler moves to adjourn at 6:30 pm. Seconded by Pascua. ALL AYE...MOTION CARRIES. K:\DESI_REV\MINUTES\Temporary Minutes Work Area\DR-01-27-11MIN.doc RESPECTFULLY SUBMITTED: 0 OFF '•. SHARON K. BERGMANN pRPpRq)`•C� CITY CLERK/TREASURER • . • oS APPROV �•'•�� OF ID t'",,, E' C R. MCCULLOUGH CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. K:\DESI_REV\MINUTES\Temporary Minutes Work Area\DR-01-27-11 MIN.doc INTER OFFICE To: From: Subject: Date: Attachment(s): Copy '1'o: City of Eagle Zoning Administration Eagle Design Review Board Nichoel Baird Spencer, AICP, Planner ]ll ...YrtiCar— M3 Planned Unit Development and Design Guidelines Review January 27, 2011 Sections of M3 Development Agreement recorded 12/27/2007 City Attorney Zoning Administrator Gerry Robbins, M3 Companies Staff is requesting the Board's input on how the Eagle Design Review Board would like to conduct the required review of the M3 Planned Unit Development (PUD) and Design Standards. It is anticipated that the documents will be ready for the Board in late spring of 2011. Staff will be at your January 27, 2011 meeting to discuss the development agreement and the review process.. Background: The M3 Development Agreement, Paragraphs 4.2 and 4.3 identified a process for the review and adoption of unique Planned Unit Development Standards and Design Guidelines for their project. At the time of the M3 Development approval it was understood that these standards would need a separate review process and public hearing prior to adoption. Understanding the unique qualifications of the Design Board the board was included in the review process. In June of 2010 M3 submitted their PUD and Design Standards for staff review. Staff has been working with M3 to refine the documents and prepare them for their formal review. The process has included numerous revisions and edits. Predevelopment requirements: The Planned Unit Development Standards and Dcsign Guidelines are only part of the numerous submittals established in the M3 DeveIopment Agreement by the City prior to M3 's being able to "develop" the project. The required submittals and approval processes are as follows: 1) Hillside and Grading Standards (Completed) - Paragraph I.3(pg. 12) of the Development agreement required the submittal of site specific Hillside and grading standards. The Eagle City Council approved RZ-19-06 MOD: M3 Hillside and grading standards on November 24, 2009, after receiving a recommendation of approval from the Eagle Planning and Zoning Commission and after completing a public hearing on October 27, 2009. 2) FEMA Letter of Map Revision — Paragraph 2.4 of the Development agreement required the Page I of 2 K:1Planning Dept\Misc Other12010\M3 Status'Dr process Memo final.doc identification and determination of the location of the 100 -year floodplain elevation prior to the development of the property. The initial submittal (prior to Eagle's annexation of the property) was through Ada County Development Services. M3 received a Conditional Letter of Map Revision (CLOMR) from FEMA on February 17, 2009. The Eagle Floodplain administrator will be working with Ada County and FEMA to ensure the Letter of Map Revision (LOMR) is completed. 3) Habitat Mitigation Plan (Letter of Adequacy Received) - Previously addressed herein. 4) Planned Unit Development Standards (Submitted and under review by staff) - Paragraph 4.2 of the M3 Development Agreement requires the applicant to submit PUD standards within 18 months of approval. City Staff is currently working with the applicant to revise and prepare the document for public hearings in front of the Eagle Planning and Zoning Commission and the Eagle City Council. 5) Design Guidelines (Submitted and under review by staff) - Paragraph 4.3 of the M3 Development Agreement requires the applicant to submit design guidelines and standards within 18 months of approval of the M3 Application. City Staff is currently working with the applicant to revise and prepare the document for review by the Eagle Design Review Board and public hearings in front of the Eagle Planning and Zoning Commission and the Eagle City Council. If you have questions about the M3 application or the Board's review process please feel free to contact Nichoel Baird Spencer at 939-0227 or by e-mail at nbairdncitvofeaale.ora. Page 2 of 2 K:\Planning Dept\Misc Other120101M3 Status\Dr process Memo finai.doc 'SCANNED APPLICANT'S PROPOSED PRE -ANNEXATION AND DEVELOPMENT AGREEMENT Re:cordirig Requested By and When. Recorded Return to: Plant ,hg; &:Zoning Administrator City. of Eagle PO.; Box 1520 Eagle,- Idaho 83616 AOA COUN[Y RECouge J. DAVID NAVARIIO AtAOUNt 99460 133 BOISE 16AH01 01.42 PM °"4"4-171•°"8°1/E 111111111111111111111110.1111.11111111. saf�t�uiie�• i� . xe 14 `'>=oi~ �ecocding' Puposes Do Not. Write Above .This Line PRE -ANNEXATION AND. DEVELOPMENT AGREEMENT by.and between, . CITY OF• EAGLE and • M3 EAGLE: L:L.C. a structure to be -occupied. ifthe Public Infrastructure improvernents set forth in this Agreement, Planning Unit Master Plans, and Final Development Plans required to serve the applicable..portion of the Property on which a structure to be occupied is to be located: are not in place prior to occupation of such structure. 3.3 Changes to Zoning, PUD Standards and DeVelopment Program: For the. Extension. Tenn of this Agreement, any requests for changes or modifications to the PUD Standards, this Agreement or the zoning designations applicable to the Property shag be processed in the manner then set forth by Eagle City Code and/or this Agreement and/or other applicable law. Any such requests that are initiated by City shall become. effective. only upon. Developer's- written consent. Nothing in. this . paragraph shall be deemed to require City.approval of requested changes to the Zoning or land use designations applicable to this Property after annexation.' .The approval of any Planning Unit Master Plan(s) or..Final Development Plan(s) which contain less density.than es allocated to.that Planning Unit • Master Plan, shall hot have the effect of reducing the Project's overall, Maximum :Density.but Developer shall be able to reallocate: such density in accor Lance. with this. Agreement: 3.4 Vested Rights.. .As set forth in, this Agreement, Developershail have 'a vested right to develop the Property in ac:Cordance.`herewith:.:this section shall'survive termination of this Agreement: The determinations of the'Parties memorialized In this Agreement; together with the -assurances provided to the Parties in this Agreement, Including this section, are bargained for and in consideration for the undertakings of the Parties set forth herein and contemplated by this- Agreement, and' are intended to be and have been relied upon by the Parties to the Parties' detriment.in undertaking the obligations of the Parties under this Agreement. 4. PROJECT GOVERNANCE. 4.1 Gov.-ernance Entities. Developer shall create appropriate entities including, without .limitation, -a noxi-proft.Ovrners' Association, and record CC&Rs consistent with this Agreement which bind. all present and future owners within the Project and• provlde'for the perpetual;support and 'maintenance of the Project's.governance•entities, processes and common areas. and• to -establish -quality control • throughout. the Property both during development and during maturing .of the c mmunity after the Last house is built. A conceptual outline of- the CC&Rs for the Project is attached as Exhibit O. Developer shall provide City with adraft set of CC&Rs concurrently with the submittal of the Final Development Pian for the first Planning: Unit- or: portion thereof, • 4.2 • PUD Standards Enforceable planning -Standards shall be applicable -to all development within the Property,• including both new construction and later modifications. 'The general elements to be addressed in the PUD Standards.for the Project are described in Exhibit. D. The PUD Standards shall. be distinct to the foothills area that comprises the Project, and shall meet and enhance the PUD standards set forth in- City,Code,2Chapter 6, Developer shall provide: City with a draft set- of PUD Standards within - 1 8 ithin18 months of the Effective Date of this Agreement, which PUD Standards .Shall. be. reviewed by the P.& Z Commission and -approved. by the City Council in -accord with thenotice and. -hearing procedures of Eagle City Code.. Such POD Standards may be.reviewed and approved:separately or in connection with -:the • - Final DevelopmentPlaii'for-the.first Planning Unit or portion thereof, .Upon- approval, this Agreemelit:shali be amended to Include the PUD Standards; •as approved: In the event of:any Conflicts between the. PUD Standards -and the City Code; Chapter 6; the PUD Standards shall prevail: -In the event that City.fails to approve the :PUD -Standards then Developer shall have- the right to develop the Property In accordance- - With, the. adopted City Code, Chapter 6, as -may- be aMended fron, tinie to,tinie. 4.3 .Design Guidelines.. Enforceable planning, engineering, -architectural .and landscape design guidelines; including, without limitation, mass grading guidelines and -water and native plant conservation techniques; shall be applicable to ail development within -the foothilis:area that comprises the Property; ihntuding both new construction and later modlftcations. The general elements to be • addressed in the Design Guidelines for the Project are described in Exhibit P.: The Design Guidelines shall be distinctto the Project, but.shall meet and enhance -the design standards set forth in the EASD and City. Code,. Section 8-2A-5. Developer -shall provide.City with a draft set. of Design Guidelines- within 18 months of the Effective. Date of this Agreement, which. Design Guideline's shall be reviewed• by the PRE -ANNEXATION AND DEVELOPMENT AGREEMENT - 33 A 102 Design Review Board prior.to review by the. P & Z Commission and approved. by the City Council in accord with the notice and hearing procedures .of Eagle City Code. Such Design Guidelines may be reviewed and approved separately or in connection with the Final Development Pian for the first Planning Unit or portion thereof, Upon approval; this-Agreement shall be amended to include the Design Guidelines; as approved. In 'the:event of any contlicts between the De. sign Guidelines and. the EASD and/or City Code, Section 8-2A-5; the Design. Guidelines shall prevail: In the-event that City fails to approve the .Design Guidelines: then DeveloPer shall have. the Might to develop the Property in accordance with the adopted EASD or City Code,. Section.8-.2A-5, as may be amended from time to time. 5. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION. 5,1 Compliance Reviews. Asiong as Developer owns.any..of the Property, Developer's Representative shall meet-with City's Representative at least once per year during the Term, to review development completed. in the prior Year and the development anticipated to be commenced or completed in the ensuing year. Developer shall be required::fo. provide City with such. information as may reasonably be requested. including: acreage of the Property sold in the prior year, acreage of the Property under contract; the number of certifi ates..of occupancy issued in the prior year; the number of certificates of occupancy anticipated, to be• issued in.the ensuing year, .and Development Rights allocated in the prior year and, anticipated to be'allo.cated in the ensuing year: • .5.2 Agreement to Cooperate: In.the event of any legal or equitable action or other proceeding Instituted by a third-party or other governmental entity or official challenging the validity of any provision of this Agreement; the Parties hereby agree to cooperate in defending .such action or proceeding. City:and Developer may agree to select mutually agreeable legal counsel to defend such action or•proceeding with the parties sharing' equally in the cost of such joint, counsel; Or each. party may select its.own legal counsel*at each party's expense. All other costs.of such defense(s) shall-be shared equally by the parties. Each-party shall retain the 'right to pursue its. own independent legal defense. 5:3:: Default. Failure or uilreasonabl delay by either Pa.'rty.to.perform or otherwise act in accordance with any term of provision of this Agreement for a period of 30* days_ following written notice thereof from the'other Party (the "Cure Period"), shall constitute,a default under. this Agreement; provided; however, that- if the failure or delay is such.that more than 30 days would reasonably be required to perform such action or comply any term or provision hereof; then such Party :shall have SUCK •additional time as may be reasonably necessary to .perform:or comply.sp long as sttCh Party commences performance or compliance within such -30-day period and diligently proceeds to complete such. performance or fulfill such obligation (the "Extended Cure Period'), The written .noticeprovided for above shall specify the nature of the alleged default and the Manner in which, said default may be satisfactorily cured, .if possible. In the event a.default of Deveioper.is riot cured within the Cure. Period or the .Extended Cure Period, if applicable, the.zoning of that_portion of.the Property related to such default shall convert to the A-R (Agricultural-Residential). zoning. designation: in the event a default ofCity Is not cured within the Cure Period or the Extended Cure Period; if applicable,, upon written notice from Developer, City shall-take all steps•to immediately de-annex the Property and this Agreement shall automatically terminate: 5.4 Dispute Resofution!Reiiaedies. (a) Process. Notwithstanding anything to the contrary herein, if an event of default is not cured within the Cure Period or the Extended Cure Period, if. applicable, the non-defaulting.Party may initiate the process by providing Written notice initiating. the process to the alleged defaulting Party. Within 15 days after delivery of such notice, each Party shag appoint one person to act as mediator on behalf of such Patty .and notify the-other Party. Within 15• days after delivery of such notice, the persons appointed shall' themselves. appoint One: person tp serve as the sole mediator. The mediator•shall set the time and place of the hearing and shall give reasonable notice of the hearing to the Parties. The Parties may agree to hold the hearing by telephone. PRE -ANNEXATION AND DEVELOPMENT AGREEMENT - 34 • WAIT 13 ,CONCEPTUAL OUTLINE OF PUD STANDARDS [Conceptual outline only; draft- will be drafted by City and applicant in connection With the, first phase.] SECTION' 1: INTRODUCTION • 1.1 PURPOSE 1..2 RELATIONS IP.TO THE CITY'S. ZONING; ORDINANCE 1.3 MTIO1NSFIPk TO.M3 EAGLE DESIGN-GUIDEUNES=&•CC&RS 1.4 . DEFINITIONS .. - . i. SECTION 2: LANQ. •l1SE STANQARQS „: 23 • USi • 2.4: • SP • 2.5 PR -OPE 2.6 SINGLE: • SECTION 3; 3.1 3.2 .3.3 3.4 3:5' • 3.6 3:7• SECTION 4: 4.1 •: 42 M3:. 4.3 P„IZR1V11 r 4.4 §I 4.5 • PRONl61T PAJ liOr. PARING AL .:EBNA? HOTEURESORT,M1 c a. .v,' i��:..! �.!"v /'ni:\v �.awv:... • ' ... + ...r , • .. .a' . ! �... sr S • ECIAL,LOT DEVELOPMENT (SFSD STANDARDS.ANO CRITERIA ..: • D=I ,E PARKING E EQUIREMENTS.• , O *40;.OF'•P RK.INC:-I'RE' Srf::..•.;.:.::.t, - . ; :, :ON=SITE., LOADING St?' 154 DS. - . _ • S1G19AE.STANDARD$ PURPOSE . - •ROVAL ?PUCATl.ON1 . -Ti T;REQUIR NG'ABUILDING PERMITAND SIGN CERTIFICATE ,..r D:SLGNS 4:6. GE iERAL PROVISI.ONS r SECTION.5:F E :0,. CES: : ' Z.. • 5: ' -1 `ADMI 1(ST.. :TION : 5.2 DE1%ELOPMENT. PLAN. REVIEW - 5.3 PI.ANN,I.IyG: 1N,IT 11 ASTER PLANS . _ 5.4 •FINAL:�DE'VELOPNIENT PLANS.:..{ - - 5:5• Silt ,PLAN' REVIE! REQUIREMENTS- 5.6 . .P1r�Al�l•N�ED`COMMUNJT - P ' .Ni.. ' Tl�' ROGRAM.:MODIFiCATl,O S• � :.. 5.7 DEVIATIONSTO .THE :DEVELOPMENTSTANDARDS• • ••.EXI�rBIT•0 ~ - - • • • . C:1Documenb erid Settlhgsljudyb iacal SettingslTeinporaryInternet Files\Content.0ut1ook 72X338CQ xhibitsfo P A DA (revised • 11-294:07).doc EXHIBIT P Conceptual Outline of Design Guidelines SECTION 1. PROJECT OVERVIEW 1.1 INTRODUCTION 1.1.1 Village System 1.1.2 Village Planning Concept 1.2 VILLAGE THEME 1.3 DESIGN CRITERIA ROLE 1.3.1 Purpose and Applicability 1.3.2 Supporting Documents: 1:3.3 Responsibility for Review 1.4 DEFINITIONS NEIGHBORHOOD NAMES 1.5.1 'Street Names. SECTION 2. SITE PLANNING 2.1 NEIGHBORHOOD DESIGN - 2.1.1 .Planning Concept 2.1.2 Streets 2.1.3 Walkways. 2.1.4 Entries 2.1.5 Model Home Complexes 2.2 PARCEL ENGINEERING 2.2.1 Grading 2.2.2 Drainage 2.2:3 Utilities 2.3 SINGLE FAMILY DETACHED DEVELOPMENT 2.3.1 Plotting 2.3,2 Building Setbacks 2.3.3 Driveways 2.3A Parking 2.3.5. Neighborhood Parks 2.4 SINGLE FAMILY -ATTACHED DEVELOPMENT 2.5 MULTI -FAMILY. DEVELOPMENT 2.5.1 Building Setbacks 2.5.2 Parking . 2.5.3 Parcel Amenities SECTION 3. ARCHITECTURE 3.1 ARCHITECTURE CONCEPT 3.2 SINGLE FAMILY DETACHED DEVELOPMENT EXHIBIT P 1 . C:lDocdinents and SettingsVudyblLocai Settings\Temporary Internet FieslContentOutlook172X338CQWXhibits to P -A DA (revised 11-29-07).doc' 3.2.1 Required Thematic Elements 3.2.2 Elevations 3.2.3 Non -Architectural Elements 3.3 SINGLE FAMILY ATTACHED DEVELOPMENT 3.4 MULTI -F AMILY DEVELOPMENT 3.4.1 Required Thematic Elements 342 Building. Elevations 3.4.3 Accessory Elements 3.4.4 Non -Architectural Elements SECTION 4. LANDSCAPE 4.1 GENERAL LANDSCAPE 4.1.1 Landscape Concept 4.1.2 Plant Materials List 4.1.3 .Rock Mulch 4.1.4 Irrigation 4.2 NEIGHBORHOOD ENTRIES 4.3 SINGLE FAMILY NEIGHBORHOODS 4.3.1 Residential Street and Front Yard Landscape 4.3.2 AmenityiOpen: Space Landscape 4.3.3 Model Home Complexes 4A MULTI -FAMILY NEIGHBORHOODS 4.4.1 Parking Lot Landscape 4.4.2 Amenity/Open Space Landscape 4.4.3 Lighting SECTION 5. WALLS AND FENCES 5.1 WALL PROGRAM 5.1.1 Village Walls 5.1.2 Product Walls 5.1.3 Retaining' Walls SECTION 6. CALOR 6.1 DESIGN REVIEW .6.1.1 Village Color Palette 6.1.2 Color Palette Design Kit 6.2 COLOR AND MATERIALS SELECTION & APPLICATION 6.2.1: General Color and Material Me 6.2.2 Specific Color and Material Selection and Application Guidelines 0.3 PROJECT COLOR REQUIREMENTS 6.3.1 Color package Design 6.3.2 Color Plotting Criteria 6:3.3 Color Package Evaluation 6.3.4 Color Package Submittal EXHIBIT P - 2- C:1Documents and SettIngAddyb Local SettingslTemporary Internet i`ites1Content.Outioak172X338CQ1Exhibits to PA DA (revised 11-29 O7).doc SECTION 7. CONSTRUCTION CRITERIA SECTION 8. DESIGN REVIEW 8.1 DESIGN REVIEW 8.1.1 Improvements Requiring Review 8.1.2 Pre -Design Conference 8.1.3 Courtesy Review 8.1.4 Submittal Requirements 8.1.5 Pian Preparation 8.1.6 Applicable Standards 8.1.7. Submittal Response Time 8.1.8 Approval's and Re -Submittals -EXHIBIT P 3' . C:1Documsnts and SetIIngsljudyblLocal $ettiizgslTemporary Internet FleslCogient.Outlook172X338CQQExhibIts to P -A OA (revised 11-29-07).doo