Findings - DR - 2013 - DR-67-12 - Environmental Planning Unit Master Plan No 1 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF THE REVIEW )
OF ENVIRONMENTAL PLANNING UNIT )
MASTER PLAN NO. 1 FOR )
M3 EAGLE/SPRING VALLEY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-67-12
The above-entitled design review application came before the Eagle Design Review Board for their
review and discussion at a workshop on the following dates:
January 24, 2013
February 14, 2013
February 28, 2013
March 14, 2013
March 20, 2013
and came before the Eagle Design Review Board for their action on April 25, 2013. The Board took oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
M3 Eagle/Spring Valley is requesting approval of the Environmental Planning Unit Master Plan
(Landscape, Signage and Lighting Plans) for Phase 1, a 249 unit residential development. The
232-acre site is generally located on the east side of State Highway 16 at Equest Lane
approximately 1-mile north of Beacon Light Road
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 14, 2012.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 19, 2012, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 11, 2007, the Council approval of A-14-06 &RZ-19-06 for an annexation and
rezone with a development agreement from RR(Rural Preservation—Ada County designation)
and RR(Rural Residential—Ada County Designation)to R-1-DA(Residential One with
Development Agreement)for M3 Eagle.
The M3 Development Agreement,Paragraphs 4.2 identified a process for the review and
adoption of the proposed Development Standards and Design Guidelines for the project. At the
time of the M3 Development approval in 2007, it was understood that these standards would need
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a separate review process and public hearing prior to adoption.
In June of 2010,M3 submitted their Design Standards for staff review. Staff has been working
with M3 to refine the documents and prepare them for the formal review process. The process
has included numerous revisions and edits. On December 14, 2012,M3 Eagle submitted the
current application.
E. COMPANION APPLICATIONS: DR-66-12 (Design Review for Design Guidelines for Landscape,
Signage, and Lighting)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
The entire site is located within the "Foothills Residential" Land Use Designation of the 2011
Eagle Comprehensive Plan. The Zoning of the Site is R-1-DA, Residential One with a
development agreement.
G. PROVISIONS OF THE DEVELOPMENT AGREEMENT:
Paragraph 2.7 of the M3 Eagle PADA states:
(a) Landscape.All development of the Property shall be landscaped and meet or exceed the
landscape requirements in the PUD Standards and/or Design Guidelines and shall, if necessary,
include a threatened or endangered plant relocation program and revegetation guidelines. A
landscape plant list shall be included in the Design Guidelines. Developer shall identify an
Owners'Association or other entity to accept the ownership and maintenance of landscaping and
irrigation systems. All Landscape guidelines shall be reviewed and approved by the Eagle Design
Review Board prior to adoption by the City of Eagle.
(b) Signage.Signage shall be coordinated throughout the entire Property, with different areas
within a Planning Unit potentially having particular signage themes. These areas may include
urban, mixed-use entertainment areas, employment and commercial areas,parks and recreation
areas, residential villages,residential hillsides,resort areas,pathways and trails,public and
private roadways, and areas for temporary directional signage. Although there may be individual
signage themes within different areas of the Property,continuity in appearance shall be
recognizable through the use of color, material, form and character. All signage design shall
conform to the regulations and procedures contained in the PUD Standards and/or the Design
Guidelines. All Sign Standards shall be reviewed and approved by the Eagle Design Review
Board prior to adoption by the City of Eagle.
(c) Lighting.A Lighting Plan shall incorporate "Dark Sky" design principles to reduce excessive
light levels, light trespass and glare and to promote dark skies, to the extent possible.Lighting
criteria will be established through the Design Guidelines. All lighting standards shall be
reviewed and approved by the Eagle Design Review Board prior to adoption by the City of Eagle.
Paragraph 4.3 Design Guidelines States:
Design Guidelines. Enforceable planning, engineering, architectural,and landscape design
guidelines, including, without limitation, mass grading guidelines and water and native plat
conservation techniques shall be applicable to all development within the foothills area that
comprises the Property, including both new construction and later modification. The general
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elements to be addressed in the design guidelines for the project are:
(From Exhibit P)
Design Criteria;
Site Planning;
Architecture;
Landscape;
Walls and Fences;
Color;
The design guidelines shall be distinct to the project,but shall meet and enhance the design
standards set forth in the EASD and City Code, Section 8-2A. Developer shall provide City with
a draft set of Design Guidelines within 18 months of the effective date of this agreement
(December 27, 2007), which design guidelines shall be reviewed by the 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 approved
separately or in conjunction with the first Final Development Plan for the first Planning Unit or
portion thereof. Upon approval, the agreement shall be amended to include the Design
guidelines, as approved. In the event of conflict between the Design Guidelines and the EASD
Book and/or City Code, Section 8-2A,the Design Guidelines shall prevail. In the event the City
fails to approve the design guidelines then Developer shall have the right to develop the property
in accordance with the adopted EASD Book or City Code, Section 8-2A, as may be amended
from time to time.
H. APPLICANT'S REQUEST:
The applicant requests approval of the Landscape and Signage sections of the Environmental
Planning Unit Mater Plan (PUMP) No.1 under the provision of the M3 PADA and pursuant to the
Design Review Board's Recommendation on DR-66-12 (Design Guidelines for Landscape,
Lighting and Signage).
The Applicant requests that the lighting section of the Environmental PUMP be evaluated at the
time of development consistent with the proposed lighting standards for M3 Eagle/Spring Valley
pursuant to DR-66-12.
J. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Boise Flood Control District No. 10—Outside of District Boundaries
Chevron Pipeline-Provided construction and landscape practice manual for the applicant and
the City
Department of Environmental Quality
Idaho Department of Lands
Idaho Department of Transportation
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Middleton Mill Irrigation District- Outside of District Boundaries
STAFF ANALYSIS:
The Design Review Board is being asked to review DR-67-12 in accordance with the M3 PADA
sections referenced above,the Board's recommendation on DR-66-12, and to provide
recommendation to the Planning and Zoning Commission and City Council.
Paragraph 2.7 of the M3 Eagle PADA states that the Design Review Board must make
recommendation on each of the Environmental Planning Unit Master Plans. The initial
recommendation for Environmental PUMP No.1 will include both content(establishing minimum
requirements for future submittals) and quality of PUMP No.l.
The Environmental PUMP No.1 includes the applicant narrative date stamped by the City on
December 20, 2012, the Signage Plan dated stamped by the City on March 14, 2013 and the
Landscape—Streetscape Master Plan date stamped by the City on March 19, 2013 by the). These
documents address the following:
Landscape:
• Formal vs. Informal streetscape/landscape patterns;
• Areas and acreages for
Lakes
Riparian Areas
Upland Re-vegetation
Native/Undisturbed Areas
Developed Parks, Open Space and amenities
Signage:
• General Location of"community signage" as defined in the M3 Design Guidelines (DR-
67-12) specifically:
Signage Section C:
5: Location of Signs: All permanent signs shall be located on-site and shall be
outside of any rights-of-way and sight triangles. Identification, temporary, portable,
directional and other signs may be located within the public right—of-way, but shall
require the approval and license agreement of the public entity controlling the right-
of way. Signs shall be a minimum of two feet(2')from any sidewalk.
Signage Section D: Specific Provisions and Requirements:
1. Community Signs:
a. Community Entry Signs: One community entry sign shall be permitted
on each side of any entry road into Spring Valley. The entry sign wall
shall not exceed twelve feet(12')in height for a grade-adaptive sign wall
or ten feet(10') in height for a free-standing or non-grade-adaptive sign
wall, and the sign area shall not exceed sixty (60) square feet per sign.
See Exhibits 5-E, 5-F and 5-G.
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b. Community Facility/Amenity Signs:
(1) No more than two (2)types of signs may be allowed at each
facility/amenity
(2) Free-standing signs: One(1)free-standing sign shall be allowed per
street front. The sign shall not exceed six feet(6') in height and eight feet
(8') in width and the sign area shall not exceed forty eight(48) square
feet. See Exhibit 5-H.
(3) Placard type/wall attached signs: One(1) sign shall be allowed on a
pilaster on each side of a vehicular or pedestrian access point into the
facility or amenity. The pilaster shall be a maximum of seven feet(7')
high and four and a half feet(4.5')wide and the sign area shall not exceed
four(4) square feet per sign. See Exhibits 5-I and 5-J.
(4) Hanging signs: One(1) sign hanging from a pilaster shall be allowed
on each side of an entry drive into a facility or amenity. The pilaster shall
be a maximum of ten feet(10')high and five feet(5') wide and the sign
area shall not exceed nine(9) square feet per sign. See Exhibit 5-K.
c. Subdivision/Neighborhood Signs
(1) One subdivision/neighborhood sign may be permitted on each side of
any entry road into a subdivision, or within the landscape median at the
entry road if approved by ACHD, and at the intersection of any collector
and/or arterial streets abutting the subdivision.
(2) Subdivision/neighborhood signs shall not exceed eight feet(8') in
height and the sign shall not exceed sixty (60) square feet per side. See
Exhibit 5-L.
d. Regional and Community Trail Signs:
(1)Trailhead informational signs: One (1) trailhead information sign
showing information about the trail (map,points of interest, rules, etc.)
shall be allowed at each designated regional and community trailhead and
shall not exceed nine feet(9') in height and twenty one(21) square feet in
sign area. See Exhibit 5-M.
(2)Trailhead portal sign and monuments: One(1) sign and entry portal
monument shall be allowed at each designated regional trailhead. The
portal shall consist of two (2) columns a maximum of fourteen and one
half feet(14.5') high and three feet(3') wide and shall contain the Spring
Valley logo sign hanging from a beam between the columns. The logo
sign shall not exceed four and one half(4.5) square feet in area. See
Exhibit 5-N.
(3)Trail informational and directional signs: Trail directional and
informational signs shall be located as needed at trail entrances and road
crossings and along trails to indicate directional changes, distances and
similar information. Informational signs shall not exceed six feet(6') in
height and the sign area shall not exceed eight(8) square feet. Directional
signage shall not exceed five feet(5') in height and three(3) square feet in
sign area. Such signs may be combined. See Exhibit 5-M.
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e. Community Directional Signs: A community directional sign shall be
permitted on each side of an arterial or collector street or within a median
or round-a-bout of such streets(subject to ACHD approval). Such sign
shall be located at or before an intersection to direct the public to a
community facility. Such sign may be single or double sided and shall
not exceed six feet(6') in height and forty eight(48) square feet per side.
Such sign shall contain a maximum of five (5)panels with each panel a
maximum of nine inches(9") in height. See Exhibit 5-0. A community
directional sign may be required to co-locate/be combined with a builder
directional sign to reduce signage clutter along the street. If separate,the
minimum separation between such signs shall be six hundred and sixty
feet(660').
f. Builder Directional Signs: A builder directional sign shall be permitted
on each side of an arterial or collector street or within a median or round-
a-bout of such streets (subject to ACHD approval). Such sign shall be
located at or before an intersection to direct the public to a project or
residential neighborhood. Such sign may be single or double sided and
shall not exceed six feet(6') in height and forty eight(48) square feet per
side. Such sign shall contain a maximum of five(5)panels with each
panel a maximum of nine inches(9") in height. See Exhibit 5-0. A
builder directional sign may be required to co-locate/be combined with a
community directional sign to reduce signage clutter along the street. If
separate,the minimum separation between such signs shall be six hundred
and sixty feet(660').
g. Community Marketing Signs: A maximum of two(2)community
marketing signs may be located along a state highway outside the ITD
right of way. The signs shall not exceed ten feet(10')in height and one
hundred forty (140) square feet in area. The sign permit duration shall be
limited to two (2) years after which the the sign may be removed or the
permit may be renewed in successive two(2) year periods upon approval
by the city. Such sign shall be removed not later than three(3) months
after obtaining the final residential building permit for Spring Valley. See
Exhibit 5-P.
16.Master Sign Plans:
a. Community Master Sign Plan: A community master sign plan, as defined
by this section, shall be submitted to the Design Review Board for review
and approval. The purpose of a master sign plan is to coordinate signs,
and create a plan that establishes and maintains a consistent and overall
community sign design. The Community Master Sign plan shall include
detailed exhibits containing signage standards for community signage
within Spring Valley including sign locations, sign type, dimensions,
materials, colors and letter font, size and application, consistent with
exhibits 5-E through 5-R of this section. The general phase by phase
location of said signs shall be in compliance with the approved PUMP
Signage Plan for each applicable PUMP. Once the community master sign
plan is approved, community signs adhering to the criteria in the master
plan shall be approved by the zoning administrator. Until such time as the
community master sign plan is approved, the provisions of City Code for
signage approval shall apply to community signs.
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Lighting:
The Applicant requests that the lighting section of the Environmental PUMP be evaluated at
the time of development consistent with the proposed Lighting standards for M3
Eagle/Spring Valley under DR-66-12.
STAFF RECOMMENDATION:
Staff provided comment and recommendations in the staff memos dated January 14, 2013,
February 7, 2013, February 21, 2013, March 7, 2013, and March 15, 2013. The staff memos are
included herein by reference.
PUBLIC MEETING OF THE BOARD:
A. Workshops with the Design Review Board were held on January 24, 2013, February 14, 2013,
February 28, 2013, March 14, 2013, and March 20, 2013. A final meeting to consider the application
was held before the Design Review Board on April 25, 2013, at which time the Board made their
decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0(McCullough and Martin absent)to recommend approval of DR-67-12 for
the M3Eagle/Spring Valley Environmental PUMP No. 1 (Landscape, Lighting and Signage) with
the following staff recommended conditions of approval.
PUMP CONDITIONS OF APPROVAL:
1. Submit a revised Planning Unit Master Plan#1 Landscape-Streetscape Plan(Exhibit 4.B.b)
delineating and identifying the Chevron Pipeline through the PUMP.
2. The approval of Planning Unit Master Plan#1 Signage Plan(Exhibit 4.B.c) date stamped by the
City on March 14, 2013 does not constitute the right to construct any signage on site. The
applicant shall comply with all permitting and approval processed under Eagle City Code, the M3
Eagle PADA and the Spring Valley Design Guidelines. In the event the Spring Valley Design
Guidelines (DR-66-12) are not approved by the Eagle City Council,the applicant shall be
required to submit a new Planning Unit Master Plan#1 Signage Plan evidencing compliance the
Eagle City Code for approval by the Design Review Board.
3. All future Planning Unit Master Plan Landscape Plans shall identify all areas proposed for
dedication,transfer,or operation and maintenance to or by the City of Eagle. All such areas shall
receive a letter of recommendation from the Eagle Parks and Pathways Commission prior to
review and recommendation by the Eagle Design Review Board.
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4. The approval of Planning Unit Master Plan#1 Landscape Plan (Exhibit 4.B.b) does not constitute
the right to grade, alter, install or construct any improvements on site.The applicant shall comply
with all permitting and approval processed under Eagle City Code, the M3 Eagle PADA and the
Spring Valley Design Guidelines. In the event the Spring Valley Design Guidelines (DR-66-17)
are not approved by the Eagre City Council,the applicant shall be required to submit a new
Planning Unit Master Plan#1 Landscape-Streetscape Plan evidencing compliance the Eagle City
Code for approval by the Design Review Board.
5. The M3 Development agreement should be modified to remove the requirement for a Planning
Unit Master Plan#1 Lighting Plan and the standards established under the Spring Valley Design
Guidelines be implemented at the plat and subdivision landscape review level.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 14, 2012.
2. Requests for agencies' reviews were transmitted on December 19, 2012, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-67-12) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, the M3 Eagle PADA, and based upon the information provided with the conditions
required herein, concludes that the proposed design review application is in accordance with the M3
Eagle PADA, Eagle City Code and the Eagle Comprehensive Plan, provided that DR-66-12 is
approved by the Eagle City Council. If DR-66-12 is not approved by the Eagle City Council, the
approval, DR-67-12, is null and void and shall be resubmitted by the applicant to conform to Eagle
City Code and the M3 Eagle PADA.
DATED this 25th day of April 2013.
DESIGN REVIEW BOARD
OF THE CITY 0 E GLE
Ada Cou y Iday•
Robert Grubb, Vice Chairman ♦�.�`` �-s(•OFF q
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Sharon K. Bergmann, Eagle City Jerk $egennee�`�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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