Minutes - 2013 - City Council - 11/21/2013 - Special THE CITY OF EAGLE
V ° CITY COUNCIL
Special Meeting Minutes
November 21, 2013 6:30 P.M.
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:35 pm.
2. ROLL CALL: GRASSER, DEFAYETTE, BUTLER, PIERCE. All present, a quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. NEW BUSINESS:
A. Professional Services Agreement between the City of Eagle and Negotiation Services LLC
for the City of Eagle Pathway Project: (SEB)
City Attorney Buxton asks the council to review the agreement and make a motion for the Mayor to
sign the agreement and addendum.
Butler moves to approve the Professional Services Agreement between the City of Eagle and
Negotiation Services LLC to conduct appraisals and negotiations for the City of Eagle pathway
project,and authorize the Mayor to sign this and the addendum to the special services
agreement. Seconded by Defayette. Discussion.
Roll Call Vote: Grasser; Nay,Defayette; Aye,Butler; Aye,Pierce; Aye. THREE AYES,ONE
NAY...MOTION CARRIES
5. PUBLIC HEARINGS:
Public Hearings are legally noticed hearings required by state law.The public may provide formal
testimony regarding the application or issue before the City Council. This testimony will become part of
the hearing record for that application or matter.
The Mayor asks if any of the council have had any exparte contact in regard to this application.
Council members state that they have forwarded all a-mails they have received in regard to this
application to staff. Council members state that they can fairly review this application and make an
unbiased decision. Council members state they do not have any conflicts of interest.
A. M3/Spring Valley—RZ-19-06 MOD2—M3 Eagle,LLC: M3 Eagle, LLC, is requesting a
modification to the rezone Pre-Annexation/Development Agreement(PADA) Condition of
Development. The 6,014-acre site is generally located between Willow Creek Road (N. Eagle
Road)and State Highway 16 approximately 1 mile north or Homer Road. (NBS)
Bill Brownlee, address the council and gives a review of the project. Mark Tate, 533 E Riverside
Drive, Eagle Idaho addresses the council and the development agreement. Joanne Butler, 251 E.
Front Street, Boise, counsel for M3 addresses the council.
City Planner,Nichoel Baird-Spencer addresses the council.
Council calls for a ten minute recess at 8:54 pm.
Council resumes at 9:05 pm.
Leslie Goranson, 102 Rush Road, opposed to untimely agreement wants more time so the public has
time to review the new revised agreement.
Terry Hoebelheinrick, 3241 W Beacon Light Road, Eagle has grave concerns that the council is
handing over their authority to change the agreement to the developer. Concerns about land swap
with BLM. Would like the council to delay the decision on this tonight.
Larry Fischer, 1275 W. Beacon Light Road, would like to review the master traffic impact study that
was done.
Page 1 of 3
cc-11-21-13spmin
Steve Purvis, 3939 Brookside,North Ada County Foothills Association, would agree that they need
more time to review the information. Has many concerns with development agreement.
Patricia Minkiewicz, Deerfield Court, Eagle, Buckhorn Estates—area of impact is very impressed
with the previous speakers. Water rights issues raised a lot of issues in her mind. All very
complicated for her, she wants to be assured that the area of impact will not be used to place a
wireless tower.
Logan Schirmer, 4430 N Double S Lane, Eagle. Not opposed to M3 but has concerns, especially
about sewer plant located near his property, would like the plant moved to another location.
Concerned about water aquifer.
Terry Murrison, 2380 W Beacon Light Road. Concerned with water issue. Believes that they need
more time to review the development agreement and other documents. Not opposed to growth,
prudent that council is in agreement on water rights and traffic studies/impacts. Beacon Light Road
issues.
Ken Hamilton, 4210 N. Double S Lane, generally been in favor of M3 development, concerned
about water rights,concerned about waste water treatment plant. Ingress/egress to M3 off of Hwy
16, concerned about this issue. Getting in and out of driveway is already and issue now.
Ryan Wilhite, 1825 W Beacon Light Road, not against development as long as it is done well. What
will be done to mitigate traffic on beacon light the entire community.
Cindy Andrews, 3241 Beacon Light Road, opposed to the revision before you tonight and ask that
you delay your decision so we can have more time to review these documents and become more
informed. The language in the document is weakening your position by giving all decision making
to the developer.
Barb Jeckyl, 2862 N Haven Drive, water issue concerns and protest rights.
Butch Growthis, 3490 N. Saddleman Place, wants to caution you, was at a Meridian City Council
meeting where they were discussing expansion of Franklin to five lanes, and part of their discussion
was that ACHD when you expand to five lanes insist on a median being placed.
Butler moves to continue this item to December 10,leave it open for public testimony and
encourage written testimony to be provided to the city by Thursday,the 5th,encourage the city
and the applicant to provide any revised documentation onto the city's web site by November
27th. Seconded by Pierce. Discussion. Oral testimony to be open on December 10th. Second
concurs. ALL AYE...MOTION CARRIES.
B. M3/Spring Valley—ZOA-01-13—M3 Eagle,LLC: M3 Eagle, LLC, is requesting a zoning
ordinance amendment to establish development standards and processes for the M3/Spring Valley
Planned Development consistent with the Pre-Annexation/Development Agreement(PADA)and
the condition of development. The 6,014-acre site is generally located between Willow Creek
Road (N. Eagle Road)and State Highway 16 approximately 1 mile north or Homer Road. (NBS)
6. ADJOURNMENT:
Butler moves to adjourn at 10:24 pm. Seconded by Pierce. ALL AYE...MOTION CARRIES.
Page 2 of 3
cc-11-21-13spmin
Respectfully submitted:
F Ell
SHARON K. BERGMANN ; G•.•• Q0R , ,
CITY CLERK/TREASURER ? Iv ,,Tc{+�s i
* -
*
APPROVED: . SEAL, �
ES D. REYNOLD')
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
Page 3 of 3
cc-11-21-13spmin
EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
s.'Snrine Valley—RZ-19-06 MOD2 — M3 Eagle. LLC: M3 Eagle , L.LC, is requesting a modification to the rezone
Pre-Annexation/Development Agreement (PADA) Condition of Development. The 6,014 -acre site is generally
located between Willow Creek Road (N. Eagle Road) and State I tighway 16 approximately 1 mile north or Homer
Road. (NI3S)
November 21, 2013
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EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
M3/Spring Valley—ZOA-01-13— M3 Eagle, LLC: M3 Eagle, LLC, is requesting a zoning ordinance amendment to
establish development standards and processes for the M3/Spring Valley Planned Development consistent with the
Pre-Annexation/Development Agreement (PADA) and the condition of development. The 6,014 -acre site is generally
located between Willow Creek Road (N. Eagle Road) and State Highway 16 approximately 1 mile north or Homer
Road. (NI3S)
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November 21, 2013
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EAGLE PLANNING & ZONING
PUBLIC HEARING SIGN-UP SHEET
M3/Spring Valley—ZOA-01-13— M3 Eagle, LLC: M3 Eagle, LLC, is requesting a zoning ordinance amendment to
establish development standards and processes for the M3/Spring Valley Planned Development consistent with the
Pre-Annexation/Development Agreement (PADA) and the condition of development. The 6,014 -acre site is generally
located between Willow Creek Road (N. Eagle Road) and State Highway 16 approximately 1 mile north or Homer
Road. (NBS)
NAME
November 21, 2013
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
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November 21, 2013
I will preface my remarks by saying I have generally been in favor of the M3 development. I agree
however with Logan Schirmer regarding concerns with the location of the Waste Water Treatment
plant. Having worked many years across the street from "state of the art waste water treatment" I know
that under the best of circumstances, foul odor can be a major problem. Since Logan is addressing the
waste water issue I won't take up your time repeating his dialogue.
My concern is with the ingress/egress to M3 off of highway 16. As it was explained to us by Mark Tate
from M3 the ingress /egress to M3 from HW 16 will take place at the intersection of Pollard Lane and
HW16.
I have two major concerns:
First, from a personal aspect, it has turned into a nightmare to get in and out of our driveway onto
HW16. We have lived on N. Double S Lane for 20 years. When we first built our house and moved in,
there was very little traffic on HW16. Now we take our lives into our hands to get in and out of our
driveway. There have been numerous wrecks and several fatalities on HW16 between Beacon Light
and the area of Pollard Lane during our 20 years at our current location. When trying to turn into our
driveway while going south on H16 we have frequently driven past the driveway down to Beacon Light
to turn around and go back North on H16 to get to our driveway. Even then it is VERY risky as drivers
frequently nearly rear end us when we turn off the highway. Trying to pull out of our driveway turning
south while pulling a horse trailer can sometimes take 5 to Ten minutes and is still a risk. Adding
several hundred more vehicles going south on HW 16 could make it nearly impossible to get onto HW
16. When Corinthian was talking abou6t building 600 to 800 homes below our place a few years ago
they were at least going to put in a "backage" road from our driveway to Beacon Light. Our mailboxes
on highway 16 were destroyed 4 times since we moved here. Finally the post office asked us to move
the boxes off the highway and onto our driveway as they were afraid to deliver mail on that corner
where our mailboxes were located.
Second, in 1992 our neighbor, Logan Schirmer was trying to sell lots for 4 houses east of HW16 north
of where Pollard Lane enters H16. He was required to move Equest Lane further north, to it's current
location, than he had planned as ITD told him there had to be at least 800 feet line of sight both ways
from the entry point onto HW16. There isn't that much line of sight south from the Pollard/H16
intersection. In fact, the Northwest Foothills Transportation Study published in 2013 stated an interim
signal may also be installed at the new Equest Lane/Pollard Lane intersection but that it would be
removed with the extension of Aerie Way to HW16, and the widening of HW16 to five lanes. At that
time the interim signal would be removed and Equest Lane would become right in/right out only.
As I understand it now, there are no plans to extend Aerie Way to HW 16 according to Mark Tate.
Ken Hamilton
4210 N. Double S Lane
Eagle, Idaho
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Comments on Amended M3 (Spring Valley) Development Agreement
November 21, 2013 Public Hearing
Submitted by: Steve Purvis
Representing: NACFA
Thank you for the opportunity to comment.
My first pass through the document left me with 9 pages of notes including 55 comments. Some were
questions, some are comments, some are concerns over the type of changes made. I am not going to
attempt to share them all with you. I will limit my comments to only a few items.
1. ACCESS TO MATERIALS - I was able to have access through the City web site on Tuesday but
struggled with the site on Wednesday. I got locked out due to the number of people attempting
to access the system. I did call Nicole of Wednesday afternoon when I could not get on. She was
able to get me back on. Later in the day I emailed Councilmen Grasser and Butler because of the
lack of access I was experiencing again. Nicole took a look at it in the early evening and was able
to access the documents. I logged out due to my frustration. I was able to get back on this
morning and early afternoon.
THE QUESTION THAT COMES OUT OF THIS IS WHETHER OR NOT THE GENERAL PUBLIC HAS
HAD SUFFICIENT TIME TO ACCESS, READ AND UNDERSTAND THE HUGE AMOUNT OF
INFORMATION AVAILABLE.
1 RECOMMEND THAT YOU PROVIDE ADDITONAL TIME FOR REVIEW AND COMMENT BY THE
GENERAL PUBLIC BEFORE YOU CONSIDER ADOPTING THE AMENDED AGREEMENT.
2. LENGTH OF AGREEMENT—The term of the agreement was reset for 30 years plus an automatic
extension for an additional 10 years. The developers updated financial forecast is for 20 years,
The November 7, 2012 CID update reflects phases 1-4 completed by 2025 including 3,350 homes
(almost 50%). The Northwest Foothills Transportation Plan for the period through 2035 included
5,700 homes (80+%) completion. At the same time the clock was not reset on the timeline for
Eagle to obtain an agreement with BLM on the open space park. An interesting side note is that
the City cannot make any changes to Title 11 without the developer's concurrence during the
term of the Development Agreement. Is this the only Title 11 project the City will consider in
the next 40 years?
THE QUESTION I5 WHY SO LONG? WHY SHOULD FUTURE CITY COUNCILS STATUTORY
RESPONSIBILITIES FOR SETTING POUCY BE DICTATED BY THIS EXTRAORDINARILY LONG
AGREEMENT?
1 RECOMMEND THAT THE TERM OF THE AGREEMENT BE SHORTENED SUBSTANTIALLY AND
INCLUDE EXTENSIONS THAT ARE BASED UPON THE CIRCUMSTANCES IN PLACE AT THE TIME.
WHY SHOULD A DEVELOPER BE ABLE TO TAKE THE PLACE OF THE ELECTED CITY COUNCIL IN
SETTING OR AMMENDING CITY POLICY?
3. THE ORDER OF THINGS — Title 11 of the City Code is on the agenda after the consideration of the
Amended Development Agreement. A huge part of the changes to the development agreement
are to reflect Title 11.
THE QUESTION IS WHY WOULD YOU ADOPT AND AMENDED DEVELOPMENT AGREEMENT
THAT INCORPORATES A NEW TITLE 11 THAT IS NOT AN OFFICIAL CITY DOCUMENT?
I RECOMMEND THAT YOU COMPLETE THE TITLE 11 PROCESS BEFORE YOU FINALIZE THE
AMENDED DEVELOPMENT AGREEMENT.
4. FINANCIAL FORECASTS AND ASSURANCES — The amended agreement does not appear to reflect
the recommendation of the City's economic consultant in the terms of frequency or update.
Also, the requirement for financial assurance appears to now be for phases rather than the
public infrastructure amounts. A letter of credit and bonds has replaced a letter of credit. The
authority to issue bonds through the CID does not assure the sale of the bonds but only the
authority to pursue their issuance. The status of the project and the market will determine the
availability of such funds.
1 RECOMMEND THAT YOU INCORPORATE THE RECOMMENDATION OF THE CITY CONSULTANT
AS IT RELATES TO THE UPDATE OF FINANCIAL FORECASTS.
ALSO, REDO THE SECTION ON THE SOUCE OF FUNDS AVAILABLE FOR ASSURANCE TO REFLECT
THAT AVAILABLE FUNDS MUST TRULY MEET THIS OBJECTIVE. THE SOURCE OF FUNDS MAY
INCLUDE A LETTER OF CREDIT, AVAILABLE FUNDS, AND BOND FUNDS HELD FOR
CONSTRUCTION OF PUBLIC INFRASTRUCTURE.
5. LESSENING OF DEVELOPER RESPONSIBILITIES —1 notice three places where the responsibility of
the developer was changed from "shall or will" to "may" or "result in" to "promote".
IS REDUCING THE RESPONSIBILITY OF THE DEVELOPER IN THESE CASES IN THE BEST INTEREST
OF THE CITY?
6. ADDITIONAL PROPERTY — Section 1.8 provides that additional North Foothills property can be
added to the Development Agreement. However, it does not have to be contiguous or
integrated with the current development. It would provide the added property with the same
level of entitlements as exist in the Development Agreement.
WHY SHOULD ADDITIONAL PROPERTY ACQUIRED DURING THE TERM OF THE DEVELOPMENT
AGREEMENT RECEIVE THE ENTITLEMENTS INCLUDED IN THIS AGREEMENT WHEN IT IS NOT
CONTIGUOUS AND INTERGRATED?
I RECOMMEND THAT ADDITIONS NOT CONTIGUOUS AND INTEGRATED NOT BE SUBJECT TO
THE AMENDED DEVELOPMENT AGREEMENT BUT SHOULD BE TREATED AS A NEW AND FREE
STANDING PROJECT SUBJECT TO ALL OF THE POLICIES AND APPROVALS REQUIRED ON ANY
NEW PROJECT.
1 WOULD ASK THAT YOU PROVIDE MORE TIME AND OPPORTUNITY FOR THE GENERAL PUBLIC TO
STUDY THE AMENDED DEVELOPMENT PLAN AND SEEK CLARIFICATION AND A GREATER
UNDERSTANDING OF ITS CONTENTS AND IMPACTS.
I will be glad to share my thoughts, questions and rationale with staff if you so desire.
I will stand for questions.
W.C.Rt wiu Ow l,kEE.
N� •�EGOv�i
TRAILHEADNN.
PUBLIC`
EQUESTRIAN
C ENTER
BLM
PRIVATE
EQUESTRIAN
CENTER
M3 EAGLE PARKS & TRAILS MAP
1: REGIONAL PARK
5: COMMUNITY PARK
13: NEIGHBORHOOD PARKS
TRAILHEAD
PUBLIC EQUESTRIAN CENTER
EQUESTRIAN TRAIL
PEDESTRIAN TRAIL
REGIONAL TRAIL
TAKING IT NICE AND SLOW.
Communities naturally take time to grow. So over the next 20 years, the 6,005 acres of M3 Eagle will be developed in a thoughtful
way. By proceeding in a planned, deliberate manner, we can be sure that community standards will remain consistently high and, more
important) you can be assured of our long-term commitment to the city of Eagle — twenty years — we're in this for the long haul!
SOUTHWESTERN
RESIDENTIAL AREA 7 AC.
130 CUSTOOMIOTS
94 SINGE AMILY LOTS
224UNITS, 0.55 DU/AC.
44 AC. OPEN SPACE = 10.8%
PRIVATE
EQUESTRIAN.
CENTER
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Phase 1 Preliminary Plat
DIN ember 6 2011
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OtoilY
November 10, 2013
Concerns of the Residents that live on N. Double 5 Lane, Eagle, Idaho.
1. We are concerned that the location of the sewer plant, to accommodate the M3 development,
is now shown to be directly to the north of our property. The original M3 plan showed the
location directly to the north of our property to be an equestrian center, not a sewer plant. We
are concerned because of the potential decrease in our property value.
2. The proposed access point from Highway 16 does not have the minimum sight vision required
by lTD to the south.
Our only access is off of Highway 16 across from the Winery, and the present volume of traffic
makes our ingress and egress very dangerous. There have been 3 fatalities at the intersection
of Beacon Light and Highway 16 over the last 4 years.
3. There is no public water in our area, so we all have individual wells. We are all concerned about
the quantity of water needed to support the proposed M3 development and all of the other
developments proposed for our surrounding area in relation to how that will effect us.
‘11
A a I
P&Z Recommendation for Title 11 (ZOA-1-13) Worksheet
_imitation September 16th Hearing Draft M3 September 9th Request
CHAPTER 1- Interpretation and Definitions
11.1-3. A. Scope And Content
5
Grading Guidelines and Hillside Development
Standards A Bauman: approved by mu ON Ma!
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Definitions term managomonl goals. and guidance and
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M3 Comment
Staff Response
I &Z Commission Recommendation
I 21.13
Revise as TNS Trhe Shall consist of the tee heleol
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The PADA Is not pan 01 Title 11 The PADA is a separate
contract 0210 the City and in 910 event 01 a Conll1010216 Title 11
and the PADA, the PADA vMl control Fu000r, Ire PADA
curtains pWrwng 9udange for Spring Valley INPlanning
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See Ta0 A 10r general edtag comments
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M3 and S1,0n•O
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The changes ,000 0 0no04 by the PnZoning
arng & Zong
Coa.m.ss'on are acceptable to 113
However as holed by Staff at the Compassion 5 heanng in
September. a C0.?e5pdahng section, l Chapter 2A needs 10 be
muddied 10 be consistent
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n1,
DOhml.On$ 000110 De modified 10 De Cons slenl hitt 111e PADA
hoot[ 01,011
-I)yOtd( M11si I,on Plan" I31Nd certain HapitaLMipgdpgn Pldn 94jdd
Ntagmt?tl 17...:414.1gv.umal a0a provided unilLEAJE.pagy
it•atilMent by CELE,OnStelant and oreSenled 19 Cnys C,pi1Kb on
f 100.171 11 '011 ongn 1labaaf Mingalion Plan 15 .10.4151010 the
'4'vylx°00' dpre0•s0l0 d5 f 10 nl? M
1H 011, 131, 1'? n,. 5:.. .I V., _, I.
'1,, Het CmmenOa: n" 00,041, the 041,0 WWI, a.. 011.mr
Nn Nr. nmmendat'on 00181,11.1111• '0004801)11011.1,1,011,,? 111,• 11
0111,
10.0 is contradictory to HIM lOgurlemonl5 of the Design Review
Chapter)? 1 2A) The Cay mcogm2es that 0510n Chapter 8 2A was
adopted this se0lbn in Chapter 2 became outdated and the more
specific standard in 2A has consistently been 00)3100 waren Me City
When Iwo stanaar05 are in conflict the city 001or00s t110 more slnng05?
Standard thus the exemption language being requested is not Currently
1,&I
011o0ed Per/,41091046 11 25.6 A 5 5 'au unhary
roof mounted meccals racommanded m.o.., the 11-2A'
4090090In
Shall be compMlo1 Scroen44 from vew try pa,49el wan when ul.hvlrp a1, Hoof mounted mecfa n10IS 50011 be Cp5000ned
a 1101 1001005VA CO shall ee enclosed OUNn 1110 building when uteibng Von now a parapet 0911 wlpn utilizinga a IlBat al loot
01 design 01
a tool design 01601 than 8 Ilan rxl' This 51000014 coupled 0016150 Shall oo 000105ed 00900 Ine bulld.09 0000 uel'2'rg a fool
definition building height Building The height d a building as design other than a 110t rod'
measured from the Iie,shed ?loon elevation closest 10 e o Corresponding Saa page 6 01150 052 recommendation tor ELC11 2A
6011000 grace to me Ibp at me r001. Tne 0Mgnt d the °seining may
fo1lw the same Slope as the contour of the fit (grade edePine
archtecluie) Top d loot means nage1ne or the honest pain d any
arctvlenurdl etement coryeali?'9 roof lop egup.00raEstaWisnen leaf
the eaem lion being mastered 00503 never x 4*1,/0d
I I AI) wog) II apy..1141m0
f146oaH 6uxping
1(1 fir-11 AP) wa51) 11 +IPI u0,0,dw0, aP,S AQ AP5U5I W
a
9g
S
u3
A-
6
AQ a75USnv\E[OZ $.1.151i E0.1.40 nap\;Ila
0
N y
n H
mn
si
1 p:t't
Systems—
)ADA
CONSISTENCY
59
Wel
Sewol systems Isorving 2 or mote sugara1u parcels of
Ilousenoasl stall oe Cnr.Savolo0 n 0GCOralnCo mm
any .O051e0 IOC,I pl.ms 000 speof.ranuns IAnste'
Developer 15100511.031010 a new lily 14w1µ•0 51012
water Supply system 000 a 110w 50 M•1 system In
Spring Valley Tr. C.ly 55.11 De 1110 o.CluSlvc Supole,
CI municipal wale, 1010110111055,10 mato 90110v
OCrelopmOnl Tete CA, may a.Cw CO 000l,On
C Ybwreo *ate' 500(:4, sy51Om n ',51301,1 va'.Iey 1
d0emeo .' Me GOO ,1.'010S' :.1100 C'!
.1.p?y of
50wmr ;,stems j 1orwn92 or mare suparale orc011 et
.1140 a00paeC 1001 pons and speCaca'1J11
eto.aoper is constructing d new Cdy.e110d pt.44.
591x, 0 • Water Supply system and a nos Sever 50515?
Spring Va1cy 110 Coy setae be Me ea0lu5100
suppler o' 50'00'5 water to ands mirxn the Spr.ny
Valley dcrelo0" 1 I.a C"9 '101100 - •1B' 4
3.,c ray..owwawa:cw c..:pysycwd • 050.1.9 y.•
41164.6t606.n18w66e4.oais lul00.000 !1431, 1111
:nal 1115 00505 9 /Vo'r0 water sWpne Or sew*, 3i:•'...
he' an erlen500OI 705 emsanciyudK 514[0?r.
ypr1W Va'IOS. thole Snan be a 55Ow'ng by the
vb^.vrde'l al 1(1115x!5'15100 14 rd' 1105.010 an9..gr m
1'11• xf! .000.951 .-1'110 504,0
5 \Docs\Ml Eaglet L C\Developmem Issues 2015\MISC\S,de by side comparison title 11 111400, City 11 19 131-XLSX8C6
1121.13
1110 Criy 0101/004 Ihe e rio�)t•
m
Toani ca .sien?C1 , • trio 1.1300.01144111? I C ,fv
1 �.5lyscre pr: ,',pr„q�•
.eng.s 1 .010'0. =O 14• '95*'0'•
Ana:nate'. easing C'y Co.110-.,I1'r..1- . l in
• 1 9 011 be rese5te0'as ,s In Tr10 P 613 wale' rqt • Linke Consistent write Section 2 of proposed
,S.les Iii , n ,,14101501 0,0:01 system are Peng PADA.
Irdrougl.,y rV:l, ,. - rraa aria Restated Devellrirl
AgreemOnl U,. `T 7.
Le 1dots-,en, 0 , . . S1 Or 0001.01 4 1, . 31.1, .. c 0
..• .. .. a Dere 0011er,
.. .. - 00.50,, '411su9e
C.ty Code St.< 111.59- • •' .•
(very sutxlmara shall 0e ,u eered In Intal[ r1O 1011000147 PUG.
one 011101 improvements m .CCeldar 00 unit 100 tine wln9
cone:llnm..ox15{'.001soo :n,
9 4 1 9 0107110 053551 , AND SEWER SYSTEMS
A. Cons111x:llnn I vl0nslon All public water supply o, Sliver
systems ISonnnu 2 u, ION, su11.5010 premises 01 90USOhOldS)
5114?? 50 COnsbuCl00 in Amor(Mnco ugh any 400010010001 Evans
e,d 55001.0:11005 A,I ee n pool c 0,0'51 SJpoly or Sew.: system,
5110,1 Ile an 0.101,01, o' a'. 5x34109 5000.0 5951001 0neneve'
5055.010 In t1µ. over, 1, 910 11105,0005000.1011.0 wale' Suppl9 or
seem, system 11. gel an a rlen5014 01 an 00151109 public system
15110 srl,ll tree ., snow'n3:!y 11µe subdrvdel that 110 5001451014 r.
.101 1000.0.0 .111111_„11. 1110 ;011111101001 0t 1ne 00001.0
•
,. em It snot'
seshen
I... 1Anna 1 or M310 AnArguments Use etre, poet,
,11,1 510405 Wale/ l0 O'SI,ICIS 01M3 501/1050 11 Is
. nal
to connect 1. Ino eagle system
nfiT
waw? syslcr, G ter
plan should [115.055 110* Tho 00110111 01075 of IIIc rnaSter plan 00es 1101
identify 11 01la;011norl00 miler 5y51Um The enomee, 10,1Me oevelepo?
11;d1 prOwal Clanhullmn I0, e,.5 51.110meni
1110 1.19 0,4110 00.0)1.190 DWI vas:, 1031 Inren00010 6ea. x0:11 0001'1el
0..vci0pnW 141 5,113.11 Ate IA'_ W rips 000140[1 10 me 5y10m A(3 .5 W 10,09
?n:LOd Mal is 01,al a110E.e10Arnera
Within „tem— rcgnrdless 01 wTa 11.
bll101ny or 01x.•111 1<1 was 11x' 5001011 to address 1.1,1009 A13 to
r'r, C :y 05a49'l .114..• :. 01030 5lc00..ry Jl ms''0'v' S ^' ys'e r..t
se
r/A3 eater tgrt Ire Cy'+11 1.p0.rel.v cr .w,: 014'1 'enc:
to ,15y,_ten.'r d
M3 venter se,I.tnnx Con:aster' mar, /
reit rt.so
1110,341) lr.e
.maul cummurlty w.
r. ex a,'.C', Ea;.
p11.,l1u wells ,.I Snsto walnun,ty ?:las wan,0531311eveIOpl nt. 101.(1
.1011 Want Ino oewoln mr 0110310 bong ergumenl1 itte tlyn71 publlC
w,0ul purveyors sl0ul0 ptov,100 1 __•
nut leas0o?0 1015011.0110 connect Inlhe1 lagle system.
` 1 water masa,
pan SElould [ascus, lMS Tnea dike lid mases pian does not
'd0n111� fl a1Conn9G15d W,I 55�rtnnr the engineer Ion Ina Cevea0per
191T 5r5.0m 5.13 5 oU
54:003 :Yr'. u. , de,
within me 1.10 amen s11Gud connect to
PV U,10.' 01 0,.4WOW. 10 Nor ems ane 70 41110 ?
55 145.14141 1{
1
11.120-1-9.C.1 Pressurized Irrlgalon
Facilities
Al residenhel 41000.9 0015 shall be pronde4 0,111
11rga0on 55010, halo the mu espal systema from
110005040 notate water, as 04100001004
112113
The Plannng and Zming Cow mrsaron recommended the
lololwr9 change (Mih Stall cal000once)
I1/11/dL2! _fir er.aj'A1 r89gOnhal dwelling urvle shall be
prowled vett, 0 amen 0lel Iran 0* munapal sys1081 or from
)nation water 10• aar10 00Ma1 dwe4ng tains 5ha1 Ce available S0aaCe water. as whored helm
4ewled 10011 wnga0On water from IIx m,nap0,0
potable water systema earl available surface water. 013 Comment
as 02404ed harem
The sentence e. me City Cos c, oucern.v -15110' Is 1100449
slated as lo0ows. 0ewa% the wad 'nghts -
110910400 9,11119,111".1r TO: 1111 mslental dwceny lams shall be
plovwod veth water from 100 municipal system or Iran available
strand, W9t01, 119 UWI100d Ie rein
5 \Ooe1\M3 f 09101 0 C\Deoelopmert I518e5 70131M15C\Swe by 5.80 488.09018111111e 11 Brom Cay 11 19 131 XL$X8C7
001 Ihu 108110115 M3 aura by:A W 11 10 1 10,009 F0111110r 101 Ir ;01010
M3 aS buualg the sys1Cm 10 cover 1110 M3 arca Mow 0111111e my
IOolnms system Is Duel coonecloa 10 Me 0,,1109 system 1 con 1 know
Bol 100 section was not aod,C51,g 10,,'01 rwnt5
T',ere S system 40'•190001 by 1.13!0 be 'u•red .01'0 Ina 019 1!
O0velo0menl 001100 or me 1.13 a•Ca .s 10 Ce CGMCCC910 110 5y5.08,
001101591011 IA3 wt. 11e 0?y rtlse51001 0005510 M' B'bernee res
rc ate:1E C08510Yed one. '0011915 areas ern •C'O9 toe M3 ball
sys'on Mayty 5o 10.1 OTesn! moan 1101.13 water r9n. 5•0040500
IC•
8'41 08velOprosnt 00 1 800S ec0•w0W090 1110 Cry owns the sysIern
and wet CCCic ! connecting Is .5 11.0 1//101051 of the Coy—avdo Non
10.9101 119111 15180 5 Thaw srould 801 ter an' 113 system Mar 15
nocessanly soperale Isom 11101051,11110' 4119 sys10m—M315 pan o! 010
City The rOIOrerbco to'botanic'10a1500conocl 11.43,s not buIdmy only
a potable water Syslonl 11 C0v0151 18.8,0 88 Plus 00100.0 wale, I5
OIOWSCC 101 un9al.on so Os1.nglash019 between poloOle arc 01.90400
.s ncens.5ler wan Iry par fol ln] voltta :444.9
Staff does net 0l>oose me requested Grange
P10 Recommended the M3 September 91h repuelt Changing
'potab11 to •Mrniepar: see page 29 of the PIS
reoonnreodatian for ECC 31.12
A
'ADA CONSISTENCY ISSUE: 11-12622
loafantee of Improvements
73
a
A Cash De 1:11 f t 1..'x?( t.
'
Deposit D' Ini.v a_lo Baru 1,10,0 Greer; A cesn
oepps• cemtec 00ec+ gent�te 00 Oepc.1 0, an
170x0(10?e Can* .eller 0' (1066: IrSSd7 7y a 1Pnatete,
institution yon a 0,4-101. ,n 112 EagIo Base areal ,e
110 amount equal ID one fluttered hey percent 1150`..1
0, the o5Ii dle0 C0fStlu0l0n 005ts et ire -0000,0^_
,mp'Jveme^is' 00..e0e0 wm.n I^e',nyl Nat C, 171..0
- •'°'
way 52' tea ('05063 by Ire` cane• 0eee•C00r
0^3 'see: ay Inc c ry ,.nt11 sad corslroC.cn
0Omplete COnSI'uctan cost estimates to the
1091.,100 ,mpr0000Am5' ceela ois wm'7 011,14001.,?
w•t/1 C , ,7.l of way Srau 00 revead0 aM 300'0000
77 re C3, 100009 t1. 1.1,
a ceatan10 al sad surety 117.E 0..10.(7ln:N''OO are.
0,10,15,00 1005 51011 De 0511101,5^07 C7 ,e53,.f.00 0,,!
Ire 0,17
I`
5.005':19.^? 011110vwal le Barr.Letter 01
f.!'eat Sr 00010511 003.100 61001 Ce^,tCa'e ='
Peco5? Su'o'y d%a 0, en „'0x0620%0 Gan, 100.0, 01
: 00! 1155020 Cy a ?lnarClal ,75:.1111'01 Ntln n tram-,, et
me Eagg/P.5e areal m 110 enletunt e7ua1 !O Orr,
ru^0•cd r,'•, f+"0' -r' 115:^.) 00 toe 0Stlm:n1V
..• a ..le•v0''loc1 ter< Ned Cy
-6mproro Consrrocuen
etcyerrurft
a, sea I
•;1 the C'ty 001.150,1
9 Ir, ire
extent 61 11th 1',•.1.
voGrarere
'0,91075.00 p.1y^0Onl oat c. 10Cµ5 7.v •.17<01 .1,11 et el, ',ye, de
p.1Y+renl Out a, the Cdsh 300,)5:0, ,0001000 ca 170
70,01,00 00000, t0 IM extent 01 Ir0 6051 OI the
com0101e0 (011.17 00 the regetreO ImprOwee,Grl ,
, 1.l the 00,1,1,03 00101.1 la
COmwe1Cd pangn at me
occonMnae earn a
mer' case ..
moravements sege.,1 .. _ .
'0.!11 . „ry l NA, 1S i',,". '•. . .
,l,0,400017nor
ender Irk .n.tIn151anC“
S \Docs\M3 Lagle L L.0\Development 155000 2013\MISC\SNe by safe comparison Title 11 (horn Gly 11 19 1310050006
'r,u (.'y 5 0,u E.L. ••.
klve'o0er nt. I'
!4••t 1:15 .. rr.I :, .•
lie5•nti0 t)0•. ,
Aire men.
•-1 C1 s
• ,.17.1.1.35and
,:Into Ira•
,• .r, IM loan of .,
Amended h
e Cy 9010U2v010pnenl
0 . '00,07 w`7. 7 0 .1161, r Inc 1 091013,50 area 1.13 00M.0.n,
hus1r05s x11, .r 10111..1: Ca 1,777(11.0 10151"01,07•. 7110 lneest l,.
'Pit co not neccsue ', dva leanch opentuony a0 e, ; tont
correetry consKlerug +0•e '10901.7100 n Ire PADA 0.0 are ra0 001151
modified '$ule'y Cards' are often relere1e0 10, Pe 050 01 SulO7eS
'ega,0•e55 011400 PIC C 1y ur.Oe0S'.'cs !r„1 ',Fee, COM,' 7.,e
'0'010,Yed a,m,n'M PADA'r0y are 0,01,0,119 Ilan' tree 11x0
n tee uty 10007 TM epwcanl Pas wa.1O0 M 101005, 1. 00(7 I'e Ott
511000 Centro, ,.ertp ',rely 001175' 00.500 eneirLore. Ea7 0 C ly cc3,
Stria Is la enforce 110 Cry s coact ora ae:nen6es PADA
CONSIS0E1IC'Y ISSUE toe PADA phw005 '^e let l,Orc; an9,a0e
to re. woer es Ms
A Bards Ct5r ()eVL.I Cert'00 C'e<.• 000'01.01'(1'1( 1,.5• ()
1„2x00000(1', letmr ()I C'0C11 Any 05101705,' - '
cr00h (100.1 Cate CI 000,0,11 0, an 1111,00:7010 bete '
ss.w.d sr7. 1;1 S., c 7 n a : c
reap-'•• ,,-;,..enter l'is,.a ate., • _.
0 ..4515 71170 'eauaea
Sad Swely Ine Surety ".1.,'
1S',74 -5001j 7.y
B In Me case)
woe. for proge055ov,pryl,e , •
IM Certified ce'eah to 1,0 0010 re 0'' :..
•he rr.uocll 00,0x0 r'v:n! .n)C:..••.v
P62 Recommen II j
page 3213 13 0l the P62 ICE ommenddt for LCC li.i�
TAB A
Editing Corrections
General Editing Comments
• Change "title" to "Title" throughout.
• Change "article" to Title" throughout.
• Capitalize all defined terms throughout.
• Check all references to Sections, Chapters and Titles. Change "Section" to "Chapter" where
appropriate.
• Check all cross references.
• Renumber Chapter 2A to 3 and adjust remaining Chapter numbers.
• Delete references to previous ordinances.
• Change "common open space" or "common area open space" to "Open Space".
• In all instances numbers should be both spelled out and numeric put in parentheses.
• Change any reference to 7,153 units to 7,160 units.
• Change "Master Developer" to "Developer."
Chapter 1 — Development Standards Interpretation and Definitions
• 11-1-2: Purpose
"G" has been deleted. Set up for automatic lettering so remaining paragraphs are correctly
lettered.
• 11-1-3.C:
Revise as:
Conflict Of Laws: In their interpretation and application, the provisions of this adieleTitle
shall be exclusive requirements under this cEaale City Code for development within
Spring Valley.
• 11-1-5: Definitions
Reverse the alpha order of "Height, Building" and Height, Personal Wireless ... "
Revise "Planning Area" as:
Planning Area: One of five different areas that comprise Spring Valley as depicted on
Exhibit B of the PADA and as described in Exhibit(s) F, P1, F2, r3, F4 -and -F -5D, D1.
D2, D3. D4 and D5 of the PADA.
• 11-1-5: Correct typo in "Use, Temporary."
TAB A - 1
Chapter 2 — Permitted Uses
• 11-2-1: Allowed Uses
Change caption to just "Uses", which is more fitting to the text.
Change reference from ECC 8-2 to ECC 8-2-1 for correctness.
Chapter 2A — Design Review
• Exhibits should be renumbered to be consistent with this Chapter. Original numbering (e.g. 4-A;
4-B, etc.) was consistent with Section 4 of the Development Standards.
Chapter 3 — Specific Use Standards
• Change all references from "Spring Valley Design Guidelines" to "Chapter 2A [or to Chapter 3 if
numbering has been adjusted] of this Title."
Chapter 4 — Off -Street Parking and Loading
• Change reference in paragraph 11-4-1.a from "section" to "Chapter."
Chapter 6 — Planning Unit Master Plans
• 11-6-4.A: PUMP Application Requirements
References to Exhibits F, F1, F2, F3, F4 and F5 should be changed to D, D1, D2, D3, D4 and D5.
Reference to Exhibit G should be changed to E.
TAB A-2
- 41111. • ONO •4111.1.
- dEM •/Mis 1.1•11-
Bo
cf)
•,•4 , • Min M.
03 bp
cf) .
031—
-63
*Cr)
5' Sidewalk
6' Landscape Strip ;9
IMO • dminD •alin
5' Sidewalk (Typical)
Paseo Trees
Street Trees
8 Pack
•
Local Residential Street
1
—
Street Tree
6 Pack
5' Sidewalk
6' Landscape Strip
ri c7-1, A!17:.liZ
--,s_r1.4
r-.Th 1: =.. , AP.iliti.;.• ij i'illti ;.,•
...3— _
{..., - --- c • ...-1 i It___I'
......_ ....._, ......
,..-ii.Lai' • .
„.•
—...:
..i.11.- 1 •
-• r_.........•• '..c., ' '
a _. .
ri, , , .• -
!MEE w:31'''. I ....22.,
.. „...,:-= ?....c. : . • .t . 1--- _._
•._::.
• 1 1 ; ,h. - 2 • • : -i• .
'' ' . - '''' • , -. • • ' • . i , [ _... _
4
- .4•:;tr'..
44
"4"
11 1-iLlitar5111 I
1 1111
lt".• .
. .
___LIVIVRiba Ito; ..r,o4 waii%let • okita44410" - • -
_ _
TAB C
Example of Private Road Network — Spring Valley
Private
Community
Gate
\\
Private
Community
Gate
Tab 0— Page 1
TAB D
BBB. Wireless Communication Facilities:
Wireless communication facilities and towers shall comply with the following:.
Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such Structures:
1. Towers In Zoning Districts:
Personal wireless facilities including towers supporting amateur radio antennas shall be prohibited in
all residential land use districts. Personal wireless facilities shall be camouflaged or concealed. not
readily identifiable as such, designed to be aesthetically compatible with existing and proposed uses
on the site in all residential zones.
Wireless antennas in non-residential and open space districts may be permitted to be attached to
existing light standards and power line support devices (or replacement equivalent of same height)
provided, however, the antenna(s) are either flush mounted or mounted in a manner that provide
minimum visual impact. Notwithstanding the foregoing, all provisions of this subsection S shall be
applicable to wireless antennas located on existing light standards and power line support devices.
2. Collocation Requirements:
a. A proposal for a •- _e • • - _ _. _ _ _ _ _ • •• _• _ _ . e _ ower mounted
Personal wireless facility in excess of feet (35') in height shall not be approved unless the city council
finds that the telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or building within the following radii of the
proposed tower:
(1) A two (2) mile radius for towers with a height over one hundred ten feet (110').
(2) A one mile radius for towers with a height over eighty feet (80') but not more than one hundred
ten feet (110').
(3) A one-half (1/2) mile radius for towers with a height over fifty feet (50') but not more than eighty
feet (80').
(4) A one-quarter (1/4) mile radius for towers with a height over thirty five feet (35') but not more than
fifty feet (50').
b. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot
be accommodated on an approved tower or building within the required search radius due to one or
more of the following reasons:
(1) Unwillingness of another tower or facility owner to entertain shared use.
(2) The proposed collocation of an existing tower or facility would be in violation of any local, state or
federal law.
(3) The planned equipment would exceed the structural capacity of the existing or approved tower or
building, as documented by a qualified and licensed professional engineer, and the existing or
approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
(4) The planned equipment would cause interference materially impacting the usability of other
existing or planned equipment at the tower or building as documented by a qualified and licensed
professional engineer and the interference cannot be prevented at a reasonable cost.
(5) Existing or approved towers and buildings within the search radius cannot accommodate the
planned equipment at a height necessary to function reasonably as documented by a qualified and
licensed professional engineer.
(6) Other unforeseen reasons that make it unfeasible to locate the planned telecommunications
equipment upon an existing or approved tower or building as documented by a qualified and
licensed professional engineer, or other professional qualified to provide necessary documentation.
c. Any proposed commercial wireless telecommunication service tower shall be designed,
structurally, electrically, and in all respects, to accommodate both the applicant's antennas and
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Tab D to Title 11 Comments - Wireless Facilities.docx - 1
comparable antennas for at least two (2) additional users if the tower is over one hundred ten feet
(110') in height, for at least 1 additional user if the tower is over fifty feet (50') in height.
d. Towers must be designed to allow for future rearrangement of antennas upon the tower and to
accept antennas mounted at varying heights.
e. Personal wireless facilities proposed at a location which has an approved conditional use permit
(approved after the effective date hereof) for an existing facility which was required to allow
collocation shall not be required to obtain a separate conditional use permit as long as all the
requirements of the previously approved conditional use permit will be complied with. Design
Review, and subsequent building permit, will be required for any such proposal.
3. Tower And Antenna Design Requirements:
a. All personal wireless facilities shall be required to obtain design review approval prior to
construction.
b. Towers and antrur.^rr_ 'pa required to blend into the surrounding environment through the use
••ent, except in innccc where th
c. Personal wireless facility towers shall be of a monopole design unless the city council determines
that an alternative design would better blend into the surrounding environment.
d. With the exception of necessary electric and telephone service and connection lines approved by
the issuing authority, no part of any antenna or tower nor any lines, cable, equipment or wires or
braces in connection with either shall at any time extend across or over any part of the right of way,
public street, highway, sidewalk, or property line.
e. Every tower affixed to the ground shall be protected to discourage climbing of the tower by
unauthorized persons. The climbing pegs within the bottom twenty feet (20') of the tower shall be
removed and shall only be used when the tower is being serviced.
f. Metal towers shall be constructed of, or treated with, corrosive resistant material.
g. Wood poles shall be impregnated with rot resistant substances.
4. Tower Setbacks:
a. Towers shall meet the setbacks of the underlying land use district with the exception of Mixed Use
and Highway Mixed Use land use districts, where towers may encroach into the rear setback area,
provided that the rear property line abuts another Mixed Use or Highway Mixed Use property and the
tower does not encroach upon any easements.
b. The base of the personal wireless facility shall be set back a minimum distance of two times (2x)
the heiaht of the tower from the property line of any residential dwelling.
c. If the tower does not exceed the height limitations of the land use district in which it is located, the
tower shall meet the setback requirement of the land use district except as allowed in subsection
S5a of this section. If the tower exceeds the height limit of the land use district in which it is located,
the tower shall be set back one foot (1') for every ten feet (10') in total tower height. In either case,
the tower shall be constructed to the telecommunications industry association/electronic industries
association (TIA/EIA) 222 revision F standard entitled "Structural Standards for Steel Antenna
Supporting Structures" or as hereinafter may be amended. Otherwise, the tower shall be located a
minimum of one foot (1') for each foot of height from all property lines (the fall zone). No storage or
S:\Docs1M3 Eagle L.L.0\Development Issues 2013\EXH\Tab D to Title 11 Comments - Wireless Facilities.docx - 2
structures other than the accessory utility buildings, are permitted in the fall zone, except as may be
specifically permitted by the city council through a conditional use process.
d. Towers shall be set back from all existing public right of way lines (or planned right of way lines if
additional is to be acquired in the future) by a minimum distance equal to twice the height of the
tower including all antennas and attachments. If this requirement confli-
requirements of this code the setback ,r, ith the gr -e to distance chaff --prevail, except as may be
•is sect+en
e. Towers shall not be located between a principal structure and a public street.
f. A tower's setback may be reduced or its location in relation to a public street varied, at the sole
discretion of the city council, to allow the integration of a tower into an existing or proposed structure
such as a church steeple, light standard, power line support device, or similar structure.
g. If this requirement conflicts with other setback requirements of this code the setback with the
areater distance shall prevail, except as may be allowed in subsection BBB4f of this section.
5. Tower Lighting. Signage, And Attachments:
a. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or
installation, any stationary lights, strobe lights, reflectors, flashers, or other illuminating device,
except as specifically required by the federal aviation administration, federal communications
commission, or other federal or state authority.
b. When incorporated into the approved design of the tower, light fixtures used to illuminate ball
fields, parking lots, or similar areas may be attached to the tower if approved by the city.
c. The use of any portion of a tower for signs, other than warning or equipment information signs, is
prohibited.
d. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk,
crow's nest, or like structure, except during periods of construction or repair.
6. Amateur Radio Antennas:
a. In accordance with the federal communications commission's preemptive ruling PRB 1, towers
erected for the primary purpose of supporting amateur radio antennas may exceed thirty feet (30') in
height provided that a determination is made by the city that the proposed tower height is technically
necessary to successfully engage in amateur radio communications. A conditional use permit is
required for any amateur radio antenna in excess of thirty five feet (35').
7. Accessory Utility Buildings:
a. All utility buildings and structures accessory to a tower are required to have design review
approved by the city prior to construction.
8. Abandoned Or Unused Towers Or Portions Of Towers:
a. As a condition of approval of any required conditional use permit for personal wireless facilities, all
abandoned or unused towers and associated facilities shall be required to be removed within 60
days of cessation of use as a personal wireless facility unless a time extension is granted by the city.
A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower
and associated facilities upon cessation of the use as a personal wireless facility, shall be submitted
at the time of application. In the event that the tower and associated facilities are not removed within
the 60 days, the tower and associated facilities may be removed by the city and the costs of removal
assessed against the property.
9. Additional Application Submittal Requirements:
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Tab D to Title 11 Comments - Wireless Facilities.docx - 3
a. In addition to the information required elsewhere in this code, development applications for
personal wireless facilities, shall include the following supplemental information:
(1) Documentation from a qualified and licensed professional engineer showing that the proposed
facility will be in compliance with the FCC standards regarding radio frequency (RF)
emissions.
(2) A report from a qualified and licensed professional engineer which describes the tower height
and design (including a cross section and elevation); documents the height above grade for
all potential mounting positions for collocated antennas and the minimum separation
distances between antennas; describes the tower's capacity, including the number and type
of antennas that it can accommodate; documents what steps the applicant will take to avoid
interference with established public safety telecommunications; includes an engineer's stamp
and registration number; and includes other information necessary to evaluate the request.
(3) For all personal wireless facilities, a letter of intent committing the tower owner and his or her
successors to allow the shared use of the tower, as required by this code, if an additional
user agrees in writing to meet reasonable terms and conditions for shared use.
(4) Documentation showing that the proposed tower complies with regulations administered by
federal aviation administration.
(5) Written approval of the site location with specific reference to the height of the antenna
structure and any lighting issues, from the federal aviation administration, the chief of the
Idaho bureau of aeronautics, and the Boise airport commission and an aviation easement
approved by the Boise airport commission.
(6) Propagation charts showing existing and proposed transmission coverage at the subject site
and within an area large enough to provide an understanding of why the facility needs to be
in the chosen location.
(7) A written analysis demonstrating that the proposed site is the most appropriate site within the
immediate area. For the purposes of this subsection, the analysis shall include all properties
within the search radii stated above. The analysis shall include, but is not limited to, the
following:
(A) Description of the surrounding area, including topography;
(B) Natural and manmade impediments that would obstruct adequate cellular telephone
transmissions;
(C) Physical site constraints that would preclude construction of a cellular telephone facility
on any other site;
(D) Technical limitations of the system that limit siting options.
10. Permits:
a. It shall be unlawful for any person to erect, construct, reerect, or replace, any tower without first
making application to the city and securing a building/zoning permit.
b. A building/zoning permit shall not be required for antennas and/or towers erected temporarily for
test purposes, for emergency communication, or for broadcast remote pick up operations.
Temporary antennas shall be permitted for a maximum of seventy two (72) hours unless specifically
approved by the city council.
c. In addition to the findings required and conditions permitted for conditional use permits, as stated
within section 11-7-4 of this title, the city council shall make an additional finding concerning the
duration of the conditional use permit. Upon finding that the conditional use permit is to be limited in
duration, a condition limiting the duration and the basis for such a condition shall be included within
the findings of fact and conclusions of law for the conditional use permit.
11. Additional Requirements For Notice Of Public Hearing:
a. All personal wireless facilities requiring a conditional use permit shall comply with the conditional
use notice requirements within this code. Tower mounted personal wireless facilities shall comply
with the following additional requirement:
S:\Docs1M3 Eagle L.L.0\Development Issues 2013\EXH\Tab D to Title 11 Comments - Wireless Facilities.docx - 4
(1) All property owners within one thousand feet (1,000') of all property lines of the site (or lease
boundary lines, if applicable) shall be notified of the public hearing by the city, by mail, a minimum
of fifteen (15) days before the scheduled public hearing. The applicant will be required to provide
the names of the property owners to the city.
(2) Any required public notice signs, to be located on a proposed site, shall be reguired to -comply
with the requirements fer posting of a rezone/subdivision (:rir.i~ :rr iiia of sign face t^ bo ^ feet
wide by /1 feet high).
12. Restricted Ar -as:
a. Telecommunications towers in u:itti
b. Telecommunications towers shall b
part;", "week
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Tab D to Title 11 Comments - Wireless Facilities.docx - 5
I
Definitions
Citation
"CLOMR" (page 1)
n {`
Recitals
E, Citation
10
B (page 2)
ection 1 -Master Plans
Citation
It
2007 PADA
'CLOMR' Is the conditional letter of Map
Revision, Issued by FEMA signifying Its intent to
revise its floodway maps 10 remove areas from
designated floodways
New Recital
Section 1.3. Mitlaation (page 5) New Paragraph
Section 1.4: Planning Conceal;
2nd paragraph (page 6)
2007 PADA
2007 PADA
the project is planned for a base density of 0 5
units per acre, or 3,003 dwelling units, and 245
acres of non-residenhal Use Through the
conversion of constrained lands to
unconstrained Lands and application of Bonus
Density provisions, the maximum density will be
1.19 units per gross acre ...
C
M3 November 5th, 2013 Request
'CLOMR- is the conditional letter of Map Revision,_
dated August 21. 2009. and revised on
2013 issued by FEMA signifying ,..
FEMA's intent to revise its floodway maps to
remove areas from designated floodways attached
hereto as Exhibit N
M3 November 5th, 2013 Request
On August 21 2009. FEMA issued its Conditional
Letter of Man Revision which was revisnd on
2013 and which Conditional Lotter of
Mao Revision is attached thereto as Exhibit L
(Note Revision complete- Government Shntdnwn
has delaved delivervl
M3 November 5th, 2013 Request
I u I
M3 Comments
11/21/13
The amended CLOMR, dated
November 8. 2013 has been
received and a copy has been
provided to the City Accordingly,
that date should be inserted into the
definition and the correct Exhibit
(that is. 'L'1 referenced
M3 Comments
1121/13
See comment above regarding the
CLOMR. Insert the date of
November 8, 2013 into the recital.
Stall appears to be recommending
the deletion of Recital B Recital B
(along with Recitals C and E) is
helpful because all 3 recitals
reference the 3 components of
'Mitigabon' which are pound in the
newly attached Exhibits L, M and N.
M3 Comments
Developer has established, and City has approved
11/21/13
the Grading and Hillside Guidelines, the Habitat With the receipt of the CLOMR on
Mitigation Plan, and the CLOMR Through the November 8, 2013, the M3 request
application of such documents, Developer can
convert Constrained Lands to Unconstrained from November 5 should remain as
Lands for development is
The protect is planned tor a base density of 0.5
units per acre, or 3,008 dwelling units, and 245
acres of non-residential Use. Through the
conversion of constrained lands to unconstrained
lands and the application of the Bonus Density
provisions, the maximum density will may be up to
1.19 units per gross acre.
11/21/13
This change is acceptable to M3
5 \Dors\M3 Eagle L L C\Development Issues 2013\MISC\PADA Side by Side companson (from City 11-18-13) xlsrPADA Side by Side comparison (from City 11-18-13) else • 1
Staff Comments
Staff agrees with the language in practice
and concept but the section assumes final
FEMA approval of the CLOMR that has not
been received Clarity the exhibit number for
the CLOMR. Shows as exhibit N here and
exhibit L in the recitals
Staff Comments
The CLOMR has not been approved and the
city is awaiting final approval by FEMA.
These Issues are addressed in the
Definitions and in Section 1 3 of the
agreement (see below) Clarify the exhibit
number for the CLOMR. Shows as Exhibit N
here and Exhibit L in the recitals
Staff Comments
Staff agrees with the language in practice
and concept but the section assumes final
FEMA approval of the CLOMR that has not
been received
Staff requests the Insertion of the word
'increased' to help clanfy the statement
Staff Recommendation
"GLOW" is the conditional letter of Map Revision issued
by FEMA signifying FEMA's . •: approval to revise as
floodway maps to remove areas from designated
floodways The CLOMR submitted in Serino of 2013. is
oendina aooroval by FEMA and noon receipt shall
become Exhibit L of this document, unless
subsenuently amended and aooroved by the City and
FEMA
Staff Recommendation
Delete the recital B; Exhibit L is the correct reference for
the CLOMR
Staff Recommendation
Developer has established and City has approved the
Grading and Hillside Guidelines. and the Habitat
Mitigation Plan .uin The CLOMR submitted in Spring
of 2013, is pending approval by FEMA and upon
receipt will become Exhibit Land apply to the oroiecr
unless subsequently amended and approved by the
City and FEMA Through the appli,.al,on al such
documents, Developer can convert Cunshained Lands to
Unconstrained Lands for development
The project is planned for a base density of 0 5 units per
acre. or 3.008 dwelling units. and 245 acres of non-
residential Use. Through the conversion of constrained
lands to unconstrained lands and the application of the
Bonus Density provisions, the maximum density will may
be increased up to 1 19 units per gross acre. .
Section 1.4. Planning Concept;
4th paragraph under bullets New Paragraph
(page 6)
Section 1.7: Allocation of
Der si (page 19)
11
Section 1.8: Additional
Property; last lone (page 20)
14
11/21/13 The language change
referenced as 'Issue 1' is not quote
acceptable to M3
Minimum Open Space in a PUMP
may be even less than 15% (so long
as the minimum Open Space in a
Planning Area is 15%) However,
there is a minimum PUMP
requirement of 20% Open Space for
Bonus Density to be approved for
Minimum open space of 20' . in any given PUMP ,Open Space above 20%. Suggest
shall first be this first sentence read To acherve
Bonus Density in a PUMP, there
must be a minimum Open Space of
20% in such PUMP, which Open
Space will be first calculated using
Community Open Space
M3 is unclear what conflict the Stall
has regarding 11-12C-6 B (see
'Issue 2') M3 sees no conflict and
refers the Council to the Worksheet
for ZOA-01-13.
This agreement provides for a maximum density This agreement provides for a maximum density of 11/21/13 -
of 1.19 units/acre or 7,153 dwelling units 1.19 units/acre or 71.• 160 dwelling units This change is acceptable to M3.
the manner set torah in paragraph 1 6, above
the manner set forth in • ••, • Ini0 50011011 11/21/13
This chango is acceptable to M3
5 \Oois\M3 Eagle L L C\Development Issues 7013\MIK \PADA Side by Side comparison (from City 11.18-13) xisrPADA 5ide by Side comparison (front Cory 11 18-13) xlsx - 2
Issue 1 Staff requests the Insertion of the
words She' and 'requirement' to help ctanty
the statement
Issue 2 The Statement as read conflicts with given PUMP shall first be
the proposed ECC 11.12C•6(B) Seo
Proposed changes on ZOA-01-13 Worksheet
The Minimum open space requirement of 20O m any
Clanty that the density and dwelling unit
increase is lied to the provisions of section
14
Clardy that the discussion is about section
1 7 of the agreement not the current section
Staff prefers to clarity by stating the
agreement oppose to the section
This agreement provides for a maximum density of 1 19
units/acre or 7,1 • 160 dwelling units as provided for in
section 1.4 of this Agreement
. the manner set forth in .
Agreement
- -. in this
Section 2- Infrastructure iServices
lb Citation 2007 PADA
Section 2.2 Water Provider; 1st
paragraph, second sentence
(page 23)
17
Section 2.2 Water Provider; 2nd
paragraph, last sentence (page
24)
18
Section 2.2 Municipal Water
Right; Monitoring Plan; last
sentence (page 24)
19
Water Provider As provided in paragraph
2 2(c), an addition to City's Municipal Water
System. hereinafter referred to as the Water
System, shall be constructed by Developer
sufficient to serve the Protect The Water
System shall include all water nghts necessary
to serve the Protect as it ,s being developed. As
provided further herein. City shall be responsible
for the operation and maintenance of the Water
System City shall provide water service to the
Properly from the Water System on the same
basis as City provides water to other residents
and businesses in the City of Eagle under
ordinances in place at the time of this
Agreement
New section
M3 November 5th, 2013 Request
The Water System shall include. without limitation.
all water rights woIk norms d,Stnhuhnn and
service mains and hnes. meters. electrical
eoummenl and related facilities necessary to ....w.,
divert, treat, deliver and account for water sod for
municipal purposes by Developer and customers
within the Protect toaelher with all easements and
rights -of way sized t0 Construct, operate, maintain,_
uoarade. repair and replace such facilities _
City shall provide water service to the Property
from the Water System on the same basis as City
provides water to other residents and businesses in
the City of Eagle under ordinances in place at the
time of this Agreement provided, however, it the
provision of water requires, for example
considerable special or reserve eau,ornontor
significant unique costs (such as Monitoring Plan
costs) to operate the Water System, City reserves
111e right to make special contracts. the provisions
of which are different horn and may have
exceptions 10 the regularly published water rale!,
rules and regulations Any such special contract
shall be in writing between the Parties and
approved by the City Council
As Completed Portions are conveyed to Cay
Developer and City shall be responsible for
Monitoring Plan costs on a proportionate basis
based ori the number of connections to tho Water
Systern by a "custoinor(st' or -'user(s)' as dclmed
by Eagle City Code Title 6 Chaoter 5 as It relates
to the total Protect residential density of 7,160
dwelllng i1ntlS_
M3 Comments
11/21/13 See Attachment A
11/21/13 See Attachment A
11/21/13. See Attachment A
S \Dors\M3 Eagle l t.C\Developnlent Issues 2013\MlSC\PADA Side by Side comparison (from City 11 18 13) xlsnPADA Side by Side comparison (from City 11-18 13) xlsx 3
Staff Comments
Remove the term "for municipal purposes"
As a general rule, an agreement to agree is
not enforceable, M3 and the City have
consistently agreed that the City will pass on
special costs by the adopting of a fee
resolution that pertains to the Project that is
not borne by other city water customers
outside of the Project
Staff Recommendation
The Water System shall include without limitation all
water rights. wells. euros. distribution and service mains
and lines meters, electrical equipment and related
105114 es necessary to verve divert, treat deliver and
account lor_water used for nlunicgnu purposes
Developer and customers within the Project together with
all easements and nohls-of-way sized to construct,
operate maintain uoorade retir and replace Such
facilities
City shall provide water service to the Property from the
Water System on the same basis as City provides water to
other residents and businesses in the City of Eagle under
ordinances in place at the time of this Agreement
provided, however, the city shall estabhsh
considerable special or reserve egiuprnenl and significant
unique costs (such as Monitoring Plan costs) to operate
the Water System •
-
• .... • which are different from and
may have exceptions to the regularly published water
rates, rules and regulations Any such special contract
for the payment of these costs shall be in writing
between the Partes and auuroved by the City Council
As Completed Portions are conveyed to City Developer
Make language consistent with the defined and City shall be responsible for Monrtorinq Plan costs on
terms and the method to determine the a proportionate basis, based on the number of
proportion of monitoring costs charged to the connections to the Water System by .1 custorner(s)" or
Developer. ' userL' as defined by Eagle City Code Title 6 Chapter 5
as it relates to the total Protect ,.. ,. .,.. i. density of 7,160
dwelling units (r e. Mondorrng cost divided by 7,160,1
32 Section 2- Infrastructure Services
33 Citation
Section 2.2 (0) Assured Water
Supply (page 25)
34
35
2007 PADA
lel Assured Water Supply For each Planning Unt
Master Water Plan. Developer shall submit evidence
That Developer has secured adequate sudace and/or
ground water nght(s) for the Water System. sufficient
for all irrigation. aesthetic. amenity. potable and/or
recreational use in connection with the development
01 each Planning Unit (unless Developer is entitled to
a waiver as prowded by City Code). As pan of the
construction of the Water System and conveyance to
City. Developer shall transler, convey or assign (on a
phase by phase basis) ground water nght(s) to City
for inclusion m Citys municipal water supply system
provided however. Developer shall not convey or
assign more ground water nght(s) than necessary l0
serve the Project as it is being developed and City
shall not use any of the water transferred under such
rights to serve any other properties unless City
demonstrates to Developer that City has obtained
adequate water nghts to serve the Project and such
other properties Cdy shall cooperate with Developer.
at no cost to City. to assist Developer in Developer's
obtaining all permit(s) and licenses for water nghts
sullicrenl to serve the Property as the Property is
developed in accordance Kith this Agreement if any
transfer. amendment or other proceedings are
required under Idaho Code or IDWR rule or pOI'Cy for
the water nghts necessary to serve the Project, C.ty
shall cooperate with developer in Developers efforts
to obtain alt necessary permits and approvals from
IOWR. including, wlhout hmtation approvals in
Connecton with Mitigation that may be reguired
Developer shall have the right to hie for a municipal
wafer 0ght pnor to the annexation As set forth ,n this
Agreement II 15 Cdy s and Developers intent to have
City be the water service provider and not have a
PUC regulated provider serve the Property
M3 November 5th, 2013 Request M3 Comments
(a) Assured Water Supply. For each Nanning 11/21/13 See Attachment A
Unit Master Water Plan, Developer shall submit
evidence that Developer has secured The Municipal
Water Right provides an entitlement to divert
adequate surtace andlor ground water nght(s) for
the Wader System to serve municipal uses for the
Project. Developer also shall provide additional
water rights or entitlements for use on the Project,
through Developer's own non•polable water system
or otherwise, sufficient for all irrigation. aesthesic.
amenity, non -potable 501110/ recreational use In
connection with the development of each Planning
Unit (unless Developer is entitled to a waiver as
provided by City Code). As part of the construction
of the Water System and conveyance to City.
Developer shall transfer. convey or assign (on a
phase by phase basis) ground water right(s) to City
for Inclusion in CIty's municipal water supply
system; provided however. Developer shall not
convey or assign more ground water right(s) than
necessary to serve served by the Water System
within the Project as 111s being developed and. City
shallagrees not use any of the water transferred
under such rights to change the place of use of the
Municipal Water Right to serve any other properties
not part of the Project unless City demonstrates to
Developer that City has obtained first obtains
adequate water and water rights to serve the Project
and such other properties. City shall cooperate with
Developer. at no cost to City. to assist Developer in
Developer's obtaining all permit(s) and licenses for
and the Project. and IOWA both permits the
Municipal Water Right's change in place of use
outside the Project and permits necessary additional
water rights sufficient with a place of use within the
Project
S-\Docs\M3 Cagle L L C\Development Issues 2013\MISC\PADA Side by Side comparison (from City 11.18 11) ids,PADA Side by Side i ompar.son (from City 11-18-13) visa - d
Staff Comments
City stall understands the Municipal Water
Right was obtained by M3 and assigned to
the City The Assignment, the water right
conditions, and the Juno 11, 2011 letter from
Bill Brownlee (attached as Exhibit E tot he
staff report). acknowledge the Municipal
Water Right is adequate for full build out of
the Project and That M3 cannot interfere or
protest other City water right applications. M3
is concerned that the City will use the
Municipal Water Right for property outside
the Project. The City stall does not want M3
10 be able to control or impact how the City
manages this water right or any other City
water right applications or transfer through
this Agreement. The City would have to
provide water to the Project but does not
believe the Developer should have a right to
control how the City manages the water right.
Staff Recommendation
Assured Water Supply ... .. .
— .• — The M.mcipal VJ,a - ,•ntit(ernenl to
divert adequate - ••••• - • 11'uun1 w.dr, - . .. ..
Developer mayprowde agmllpn y water rights or en(i1t5rlaents for
use on the P,oiect through Develop../:: own non pptabte water
system or otherwise sullicient for all irrigation, aeslhelrc.
amenity, noxpotable and/or recreational use; provided
however. that Developer shall nod lake any action to impair.
imp\vcf, protest. or otherwise chauenoe any permit or
aqoylcation by the City which does not Impair the Municipal
Water Rphf. Mo water shall be diverted tinder the Municipal
Water Right for the irnoation of land haemo appurtenant
surface water n011(5 as a primary source of lrnoation wale/
erceot when Ma surface water rights are not available for
use. This condition applies to all land with appurtenant
surface water nnhts including land ennvened Irnm
Irrigated agricultural use to other land uses but still
reauirino wafer to gnome lawns and landscaping
,, nucd.• , w.,.i ,i..... v..qn •.,u
at ..1,.n V., uuuny llnn
ouoOs .•0011.•.11,•.. w..•v.i.1 •, I,lus.11.vl toy CIiv
Coats As pall .0 ilii. • ,,il.,lr.,• 1 ,,,. ,,! i1,,• 1..1, 1 :. ynl.•,i, ..11.1
....n„eya.•;..• p, (.,iv. 1.i., ,.......d,.n: 0.11 5.(1.(f ...Iv., ••1
.S•s(Orl v , a Uliw..- I.v 1,11,•.•. 1( (r . i ,•„11 +. 11." (a(1/11(... (.•
0 Cityro
agrees t ,.i . r u.. ..,.. • Ir. ,ter.., r.•.r
.•, i..,; r.;- lo use any of the Afunscval Wafer Right
on lands outside of the Prosect boundaries unless the City
has adequate water to serve the Protect and such other
R,(RI.l l., sir., 1r' 1,11 k.•1 i,,, kJ,. Ow..., j,. lI .• 110. 41. .I
• f,r.l ••I,I,i.1,•..1 •,111 Ii• .111.1 ,1j 111 •� 1„
▪ 11 i.•_V iv ..I n,iil ..••, I, .,Ili, , 1.1..j,• •I l .lY • 11.,11
Di•Jr:.11 1).•v.....1,..,. •,1,1,hi..1•I .1, 111
36
37
A a C
11 the quantity of water aulhonled under the Municipal
Wafer Right is inadequate to serve the Property as Ire
Property is developed in accordance with Inas
Agreement Protect's municipal water demands, City
and Developer shall meet Io evaluate other alternative
Sources Of supply, Including Temporary source(sl of
supply, to provide an additional supply 01 water for the
Protect Additional water supply may Include surace
wafer or water secured from other water providers. If
any transfer, amendment or other proceedings areor
approval is required under Idaho Code or IDWR rule or
policy for the additional water rights necessary to Serve
the Protect, City Shall cooperate with developer In
Developers efforts to obtain all necessary permits and
approvals from IDWR, including, without hmltaUOn,
approvals In COnneclron with Mili0ali0n That may De
rr�uued Developer shall have the right to hleDeveloper
agrees t0 cooperate wills City in subsequent
ap0licatiOn(S1 for permits for a municipal water right prior
to the annexation As set forth In this Agreement, 11 15
water rights tal 00 cost t0 City) and Developer agrees to
take no actions contrary 10 Cey's and Developers Intent
to have City be the subsequent necessary appiication(sl
IU Ills evlerlt It'd! SUCII 5uU5IOueill ap1.0.saI,0l4.S1 001101
conflict with this Agreement Except as expressly
provided for herein City will be the exclusive municipa'
water sen1lce provider and not have 0 PUC req„10105
provider serve the Property Ior the Protect
S:\Docs\M3 Eagle L L C\Development Issues 2013\MISC\PADA Side by Side comparison (from City 11-18-13) xlsxPADA Side by Side comparison (from City 11 18-131.xlsx - 5
D
temnnrary 0011110{61 M sul1Ly to provide an additional
supply 01 water tut ole Project Additional water supply
may include surtace water or water secured hum other
water f2.1050/1,05 II any jt.altsttr,allielhclmon or other
proceedings are or al]lu oval 45 termed under Idaho Code
or IDW R rule or policy for the additional water rights
11.506601y to serve the Project, City shall cooperate with
developer In Developer s °ltorls to obtain all necessary
permits and approvals from I0WR including, without
limitation. approval5 111 colaieclw0 with Mitigation 111a1 may,
be required Developer shall have the right to IIIeDeveloper
agrees to cooperate with City in subsequent application s
tor permits loo a mumr.111a1 water rigbl prior to the
annexation. As set lora; 11111116 Arpeenlent it Ib water minis
tat 110 0051 to City) and Developer agrees Io take no actions
contrary 10 Cily . and Devxlupel 6 intent 10 1100e CqW be the
subsequent necessary apple.atiulysj 10 Mx extent Mai such
subsequent app;catwigs.) do 1wl 1.01,11112 with this
Agreement En0ept 05 06511 P5510 provided for herein,Sity
will be the e0Gl1,slvO 11110411 )1 al WatnI S. lvl a 111041(10, .111(1
001 have a PUC regulated 51/001001 1.10 ve ire Prupell� Ism
me PloyeCI
A
Section 2.2 Water User
Charges, Building Permits; last
sentence (page 26)
New Language
40
41 ection 3- Regulation of Development
Section 3.3: Chanae to Zoning:
last sentence (page 35)
47
The approval of any Planning Unit Master
Plan(s) or Final development Plan(s)which
contain less density than is allocated to the
Planning Unit Master Plan shall not have the
effect 01 reducing the projects overall Maximum
Density but developer shall be able to reallocate
such density in accordance with this agreement
c
City shall '0_09.04, m 100 Yu not waue any
certificates 01 occupancy for any phase prior 10
Developer s completion of the components of the
Wafer System sufficient to provide municipal water
service esti. and nn;v Are flow protection tor that
phase 01 the Protect prowled, however. City
63wi><.ry1M0 4.1 anis opera000.0 re:.,pee ,0.r,ty
for the Water Svr,lero aflwr w+urn aui« Cay shall I.. -
entitled 10-001leol hum twee for waier eer vwe ISSUO
building permits for any phase o1 the Prosect
following Developer's completion al the Water
System sufficient to provide lire flow protection and
all-weather vehicle access for mal phase 01 the
Prosect
D
11/21/13 See Attachment A
M3 Comments
The approval of any Planning Unit Master Plan(s)
which contain less
density than is allocated to the Planning Unit 11/21113
Master Plan and/or Planning Areas shall not have This changers acceptable to M3
the effect of reducing the protects overall Maximum
Density but developer shall be able to reallocate
such density in accordance with this agreement.
510ocs\M3 Eagle l.1 C\Development Issues 2013\MISC\PADA Side by Side comparison (from City 11 18-13) ulsaPADA Side by Side comparison (from City 11-18 13) dss • 6
Ensuring consistency with paragraph 2 11
and the proposed ECC Title 11
Bonus Density Is achieved at the PUMP
level according to Section 1.4• Planning
Concepts(page 6) but the plat will determine
it it is unused in the PUMP.
:.. .: .:....... .:... .• .....: City shall not issue
certificates of occupancy !or any phase prior to
DevelapefJ_completion of the components of the
Water System sufficient to provide municipal water
service and lire flow protection of that phase of the
protect and on-site roads beino constructed to the
capacity required for full build -out of that phase in
accordance with the lina�lat or approved
improvement plans or as provide in ECC Title 11,
Chapter 12
The approval 0) any_Plammnq Unn Mabter Plan(e) or
Final development Plaryr I Plat which contain less
density than is alloc,aled achieved in to the Planning Unit
Master Plan aooroyal as detailed in section 1.4 of this
agreement an0.or Planr Areae, shah not have the
effect of reducing the protects overall Maximum Density
but developer shall be able to reallocate such density in
accordance with this agreement.
The following language of Section 2.2 of the Development Agreement was submitted to the City
on November 5, 2013 following negotiation with the City Attorney. Between the time of submittal
and the Staff Report provided to the City, Staff revised this section.
This document has been compiled to assist the Council review the recent Staff proposal and the
response of M3.
2.2 Water.
(a) Water Provider. An addition to City's Water System shall be constructed by
Developer sufficient to serve the Project. The Water System shall include, without limitation, all water
rights, wells, pumps, distribution and service mains and lines, meters, electrical equipment and related
facilities necessary to divert, treat, deliver and account for water used for municipal purposes by
Developer and customers within the Project, together with all easements and rights-of-way sized to
construct, operate, maintain, upgrade, repair and replace such facilities. The Water System shall not
include those portions of the Wastewater System used for the storage, delivery and use of treated
sewage effluent on the Property, any water right or entitlements associated with ditch company shares or
Re -Use Water (as defined below), any surface water or groundwater for irrigation held or acquired by
Developer, or any additional water rights or permits that may be associated with irrigation, storage,
aesthetic, or recreational purposes which is not served by the Water System. However, the Water
System may supply water for non -potable uses so long as any physical connection to the Water System
is protected by a backflow prevention device approved by City.
1st para., 2"° sentence; City proposal:
The Water System shall include, without limitation,
all water rights, wells, pumps, distribution and
service mains and lines, meters, electrical
equipment and related facilities necessary to divert,
treat, deliver and account for water used for
by Developer and customers
within the Project, together with all easements and
rights-of-way sized to construct, operate, maintain,
upgrade, repair and replace such facilities.
Comment:
Remove the term 'for municipal purposes."
1St para., 2"O second sentence; M3 response:
Comment:
Keep "for municipal purposes" so this
sentence is consistent with the sentence
that follows which states that the Water
System does not include the water rights,
wells, facilities, etc., related to Re -Use
Water and surface water.
Developer shall convey the Water System to City as reasonably directed and approved by City in portions
or phases as such portions are constructed, tested and put into operation to serve an area within the
Project (a "Completed Portion"). As each Completed Portion of the Water System has been approved
and accepted in writing by City, City shall be responsible for the operation and maintenance of such
Completed Portion of the Water System. City shall provide water service to the Property from the Water
System on the same basis as City provides water to other residents and businesses in the City of Eagle
under ordinances in place at the time of this Agreement; provided, however, if the provision of water
requires, for example, considerable special or reserve equipment, or significant unique costs (such as
Monitoring Plan costs) to operate the Water System, City, reserves the right to make special contracts,
the provisions of which are different from and may have exceptions to the regularly published water rates,
rules and regulations. Any such special contract shall be in writing between the Parties and approved by
the City Council.
S:\Docs\M3 Eagle L.L.C1Development Issues 2013\EXH\Attachment A - Section 2.2 of Dev. Agr.DOCX - 1
2"° para; 3' sentence; City proposal: 2"O para., 3`° sentence, M3 response:
City shall provide water service to the Property Comment:
from the Water System on the same basis as City
provides water to other residents and businesses in M3 agrees with change.
the City of Eagle under ordinances in place at the
time of this Agreement; provided, however, if-t#e
, the city
shall establish fees for the costs of considerable
special or reserve equipment— and significant
unique costs (such as Monitoring Plan costs) to
operate the Water System, City, reserves the right
which
are different from and may have exceptions to the
regularly published water rates, rules and
regulations. Any such special contract for the
Payment of these costs shall be in writing between
the Parties and approved by the City Council.
(b) Municipal Water Right; Monitoring Plan. Pursuant to that certain Assignment
of Application and Permit dated and filed with IDWR on June 13, 2011, Developer has conveyed to City
ground water right no. 63-32573 (the "Municipal Water Right"), which is to be used to provide municipal
water service to the Project for all of its municipal uses, including without limitation irrigation, storage,
residential, commercial, industrial, and other municipal uses. The Municipal Water Right requires ground
water monitoring in accordance with its Attachment B, which is a March 17, 2011 Technical Memorandum
setting forth a water level/water production monitoring and reporting plan (the "Monitoring Plan").
Developer has been implementing the Monitoring Plan and is responsible for all costs of implementing the
Monitoring Plan until a Completed Portion is conveyed to City. As Completed Portions are conveyed to
City, Developer and City shall be responsible for Monitoring Plan costs on a proportionate basis, based
on the number of connections to the Water System by a "customer(s)" or "user(s)" as defined by Eagle
City Code Title 6 Chapter 5, as it relates to the total Project residential density of 7,160 dwelling units.
para; last sentence; City proposal:
As Completed Portions are conveyed to City,
Developer and City shall be responsible for
Monitoring Plan costs on a proportionate basis,
based on the number of connections to the Water
System by a "customer(s)" or "user(s)" as defined
by Eagle City Code Title 6 Chapter 5, as it relates
to the total Project fesklential-density of 7,160
dwelling units (i.e.. Monitoring cost divided bv
7,160) .
Comment:
Make language consistent with the defined
terms and the method to determine the
proportion of monitoring costs charged to
the Developer.
3`° para; last sentence; M3 response:
As Completed Portions are conveyed to City,
Developer-aed-City shall be responsible for to pay
a proportional share of the total Monitoring Plan
costs t its share
beino calculated as follows: total Monitoring Plan
costs (A) multiplied bv the results of or -the number
of connections to the Water System by a
"customer(s)" or "user(s)" as defined by Eagle City
Code Title 6 Chapter 5 (B) divided bv, as it relates
to the total Project residential density of 7,160
dwelling units (C).. (A x (B / C))
Comment:
Keep the term "residential" to clarify the
type of "total Project density" being
discussed. Clarified formula.
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Attachment A - Section 2.2 of Dev. Agr.DOCX - 2
(c) Water System Construction. Developer shall design, engineer, construct,
install, permit and then convey the Water System to City in accordance with the terms of this Agreement
and any applicable Planning Unit Master Plan(s) and applicable federal, state and local laws and
ordinances. In designing and constructing the Water System, Developer shall consult regularly with City
and construct the Water System to City's standards. Developer and City shall coordinate to ensure that
the Water System can be permitted and operated in conjunction with existing and planned water facilities
of City. Developer and City agree to coordinate as appropriate on development and operation of facilities
such as storage reservoirs, emergency back-up power generators, and similar facilities. The location and
construction of the Water System components shall comport with the phasing of the Project's
development. As part of the conveyance of the phase or portion of the Water System to City, Developer
shall provide City with all applicable as -built drawings, operation and maintenance manuals, operation
records, and water right records and other necessary information for City to operate and maintain the
Water System.
(d) Assured Water Supply. The Municipal Water Right provides an entitlement to
divert adequate ground water to serve municipal uses for the Project. Developer also shall provide
additional water rights or entitlements for use on the Project, through Developer's own non -potable water
system or otherwise, sufficient for all irrigation, aesthetic, amenity, non -potable and/or recreational use
not served by the Water System within the Project. City agrees not to change the place of use of the
Municipal Water Right to serve any other properties not part of the Project unless City first obtains
adequate water and water rights to serve such other properties and the Project, and IDWR both permits
the Municipal Water Right's change in place of use outside the Project and permits necessary additional
water rights with a place of use within the Project.
If the quantity of water authorized under the Municipal Water Right is inadequate to serve the Project's
municipal water demands, City and Developer shall meet to evaluate other alternative sources of supply,
including temporary source(s) of supply, to provide an additional supply of water for the Project.
Additional water supply may include surface water or water secured from other water providers. If any
transfer, amendment or other proceedings or approval is required under Idaho Code or IDWR rule or
policy for additional water rights necessary to serve the Project, Developer agrees to cooperate with City
in subsequent application(s) for permits for water rights (at no cost to City) and Developer agrees to take
no actions contrary to City's subsequent necessary application(s) to the extent that such subsequent
application(s) do not conflict with this Agreement. Except as expressly provided for herein, City will be
the exclusive municipal water service provider for the Project.
Assured Water Supply; City proposal:
The Municipal Water Right provides an entitlement
to divert adequate ground water to serve municipal
uses for the Project. Developer alse-shall-may
provide additional water rights or entitlements for
use on the Project, through Developer's own non -
potable water system or otherwise, sufficient for all
irrigation, aesthetic, amenity, non -potable and/or
recreational use - - - - -
?'l' !b..t P.*st: provided however, that
Developer shall not take anv action to impair,
impact. protest. or otherwise challenge anv permit
or application by the City which does not impair the
Municipal Water Right. No water shall be diverted
under the Municipal Water Right for the irrigation of
land having appurtenant surface water rights as a
primary source of irrigation water except when the
surface water riohts are not available for use. This
condition applies to all land with appurtenant
surface water riohts, including land converted from
Assured Water Supply; M3 response:
The Municipal Water Right provides an entitlement
to divert adequate ground water to serve municipal
uses for the Project. Developer also shall may
provide additional water rights or entitlements for
use on the Project, through Developer's own non -
potable water system or otherwise, sufficient for all
irrigation, aesthetic, amenity, non -potable and/or
recreational use not served by the Water System
within the Project.
Comment:
Delete the word "all." This change is
necessary because City's proposal
incorrectly says that Developer may
provide additional water through its own
non -potable system "sufficient for all
irrigation, aesthetic, amenity, non -potable,
and/or recreational use." The Municipal
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Attachment A - Section 2.2 of Dev. Agr.DOCX - 3
irrigated agricultural use to other land uses but still
reauirina water to irriaate lawns and landscapina.
City agrees not to change the place of use any of
the Municipal Water Right on lands outside to-corve
any other properties not -part --of the Project
boundaries unless the City first obtains -has
adequate water aad--water--rights to serve the
Project and such other properties and the Project,
and IDWR beth w--.:4-1'hi "7onicipal Water Right's
change in place of use outside the -Project and
permits necessary additional water rights with a
place of use within the Projoct.
If the quantity of water authorized under the
Municipal Water Right is inadequate to serve the
Project's municipal water demands, City and
Developer shall meet to evaluate other alternative
sources of supply, including temporary source(s) of
supply, to provide an additional supply of water for
the Project. Additional wator supply may include
surface water or water secured from other water
providers. If any transfer, amendment or other
Proceedings or approval is required under Idaho
Water Right covers such uses to the extent
surface water and Re -Use water do not.
Developer shall not protest or otherwise challenge
any application by the City which does not alter or
diminish the Municipal Water Right, Developer's
ability to supply the Proiect's municipal uses, or
Developer's other water riahts and entitlements,
includina.. without limitation. rights and entitlements
associated with surface water and Re -Use Water.
City agrees not to change -the -plane -of -use any of
the Municipal Water Right on lands outside to servo
any other properties -not part of the Project
boundaries unless City hasfirst obtains adequate
water and water right& to serve such other
properties and the Project, and IDWR both permit&
the Municipal Water Right's change in place of uco
outside the Project and permits necessary
ad4itienaa-water-rights with a place of ucc within the
Pr-efeet.
Comment:
M3 agrees with the City's change to the
last sentence, but cannot agree to contract
away its right to challenge any future City
action.
The words "impair" and "impact" are vague
and ambiguous, and should not be used.
The additional language concerning
Developer's rights and entitlements is
necessary for fairness. Developer must
reserve the right to challenge an
application that diminishes the Municipal
Water Right.
The sentence beginning "This condition
applies to all land with appurtenant surface
water rights ...." must be deleted to
ensure that M3 has the ability to move
surface water to other lands within the
Project.
If the quantity of water authorized under the
Municipal Water Right is inadequate to serve the
Project's municipal water demands, City and
Developer shall meet to evaluate other alternative
sources of supply, including temporary source(s) of
supply, to provide an additional supply of water for
the Project. Additional water supply may include
r water secured from other water
providers—If any transfer, amendment or other
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Attachment A - Section 2.2 of Dev. Agr.DOCX - 4
Code or IDWR rule or policy for additional water
rights necessary to serve the Project, Developer
agrees to cooperate with City in subsequent
application(s) for permits for water rights (at no cost
to City) and Developer agrees to tako no actions
Gentrarytc 0 ty'c'c cc?reont nocossary
Except as expressly provided for herein, City will be
the exclusive municipal water service provider for
the Project.
Comment:
City staff understands the Municipal Water
Right was obtained by M3 and assigned to
the City. The Assignment, the water right
conditions, and the June 11, 2011 letter
from Bill Brownlee (attached as Exhibit E to
the staff report), acknowledge the
Municipal Water Right is adequate for full
build out of the Project and that M3 cannot
interfere or protest other City water right
applications. M3 is concerned that the City
will use the Municipal Water Right for
property outside the Project. The City staff
does not want M3 to be able to control or
impact how the City manages this water
right or any other City water right
applications or transfer through this
Agreement. The City would have to provide
water to the Project but does not believe
the Developer should have a right to
control how the City manages the water
right.
proceedings or approval is required under Idaho
Code or IDWR rule or policy for additional water
rights necessary to serve the Project, Developer
agrees to cooperate with City in subsequent
application(s) for permits for water rights (at no cost
to City) and Developer agrees to take no actions
contrary to City's subsequent necessary
application(s) to the extent that such subsequent
application(s) do not conflict with this Agreement.
Except as expressly provided for herein, City will be
the exclusive municipal water service provider for
the Project.
Comment:
Agree with the first change proposed by
Staff. Do not agree with the language that
would delete Developer's right to protest in
the event a future application could
diminish the Municipal Water Right as
provided in the Development Agreement.
The language that staff would delete is
taken from page 2 of the letter from M3
Eagle to the City transmitting the
Assignment of Water Right to the City
(e) Reimbursement. If Developer, at Developer's cost and expense, constructs water facilities, such
as production wells, water storage tanks or reservoirs (but excluding local service and distribution
lines) for the Project, which reasonably have been determined by City to benefit properties other
than the Property, or if City requires Developer to develop a portion of the Water System in
excess of that necessary to serve the Project so as to allow City to serve other properties, City
and Developer shall, in good faith, enter into an agreement to the effect that the portion of the
costs attributable to such construction shall be reimbursed to Developer from the service
connection charges collected from those benefited property owners who otherwise have not paid
or contributed their proportionate share toward development of the Water System ("Water
Reimbursement Agreement"). Each such Water Reimbursement Agreement shall establish a
reimbursement period (commencing as soon as practicable following completion of the portion of
the Water System for which reimbursement is sought) with such duration to be mutually agreed
between Developer and City, which period shall be reasonably estimated to allow for
reimbursement and shall be, in no event, less than fifteen years. Such Water Reimbursement
Agreement shall provide, in part, that: (i) interest be paid to Developer at the then applicable
municipal bond rate; (ii) City shall charge an administrative fee for handling the accounting,
auditing, and payment of the reimbursement payments to be made to Developer; (iii) the Water
Reimbursement Agreement shall be binding on Developer and City and their respective
S.\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Attachment A - Section 2.2 of Dev. Agr.DOCX - 5
(f)
successors and assigns; and (iv) the Water Reimbursement Agreement may be recorded as an
encumbrance against the benefited property(ies).
Water User Charges; Building Permits. When Developer has constructed and conveyed the
Completed Portion(s) of the Water System to City pursuant to this section, City shall provide
water service to the Property, or those parts of the Property served by a Completed Portion, in
quantity and quality sufficient to satisfy the municipal water needs of the Project as and when
required in connection with the development of the Property, subject to any water disruption or
degradation of water quality or quantity that is outside the control of City and further subject to
City's reasonably -enacted and imposed standard terms and conditions for delivery. All water
service using the Water System shall be metered. City shall not issue any certificates of
occupancy for any phase prior to Developer's completion of the components of the Water System
sufficient to provide municipal water service and fire flow protection for that phase of the Project;
provided, however, City shall issue building permits for any phase of the Project following
Developer's completion of the Water System sufficient to provide fire flow protection and all-
weather vehicle access for that phase of the Project.
Water User Charges; last sentence; City proposal: Water User Charges; last sentence; M3 response:
City shall not issue any certificates of occupancy
for any phase prior to Developer's completion of
the components of the Water System sufficient to
provide municipal water service and fire flow
protection for of that phase of the Project; provided,
heweve -Oit ' ctl! .r.'
provide firo flow protoction and all-woathor vohiclo
accocs for that phaso of the Project and on-site
roads being constructed to the capacity required for
full build -out of that phase in accordance with the
final plat or approved improvement plans or as
provided in ECC Title 11, Chapter 12.
City shall not issue any certificates of occupancy
for any phase prior to the recordina of the final plat
and Developer's completion of the components of
the Water System sufficient to provide municipal
water service and fire flow protection for of that
phase of the Project and on-site roads beina
constructed to the capacity required for full build-
out of that phase in accordance with the final plat or
approved improvement plans or as provided in
ECC Title 11. Chapter 12. City
shall issue building permits for model home
complexes and/or spec homesany phaco of tho
Project following Developer's completion of the
Water System sufficient to provide fire flow
protection and all-weather vehicle access for that
phase of the Project.
Comment:
Language ensures timely building permits
for model homes when fire flow and access
for fire engines is assured.
(g) Irrigation and Related Uses. Developer shall secure sufficient water for the Project's non -
potable uses, and shall make best efforts to provide for these uses with surface water, such as
Farmers Union Canal Company or Re -Use Water or existing irrigation wells on the Property that
are not part of the Water System. The method of providing water for non -potable uses shall be at
the discretion, and under the control, of Developer so long as an adequate system and source of
supply is provided, including a source of supply consistent with section 2.3 below. Any irrigation
system shall meet the requirements of Eagle City Code Title 11. If Developer so requests, City
will give good faith consideration to establishing a city irrigation system pursuant to Title 50,
Chapter 18, Idaho Code, or otherwise, to deliver irrigation and other non -potable water to the
Project. If City decides not to establish a city irrigation system, Developer may establish or
contract with an irrigation or other special district, a canal company, or similar entity to serve the
Project's non -potable uses consistent with the provisions of this Section. Nothing in this section
shall limit water delivery from City to Developer at a wholesale rate during those times when such
S:\Docs\M3 Eagle L.L.C1Development Issues 20131EXH\Attachment A - Section 2 2 of Dev. Agr.DOCX - 6
water is available under the Municipal Water Right, is not needed to serve other municipal water
needs in the Project, and Developer has not yet constructed the facilities or generated the re -use
or other non -potable water necessary to serve such needs.
S:1Docs1M3 Eagle L.L.C1Development Issues 20131EXH\Attachment A - Section 2.2 of Dev. Agr.DOCX - 7