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Findings - PZ - 2014 - PU-01-12 - Sv Phase 1/722.4 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A PLANNING UNIT MASTER PLAN FOR ) 5 SPRING VALLEY PUMP NO. 1 FOR M3 ) EAGLE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW 10 CASE NUMBER PU-01-12 The above-entitled Planning Unit Master Plan application came before the Eagle Planning and Zoning Commission for their recommendation on May 19, 2014, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission,having heard and taken oral and 15 written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: M3 Eagle LLC, represented by Mark Tate, is requesting approval of the Spring Valley 20 Phase No. 1 Planning Unit Master Plan, a 722.4-acre (232 to be developed, 400-acres of future development area, and 90.4 acre Wastewater Re-use Site) development which includes 249 units and master plans for Land Use, Street and Circulation, Potable Water, Wastewater, Drainage, Pressure Irrigation, Public Facilities (Schools, Library, Police & Fire/Emergency Service), Parks, Trails and Open Space, and Super Pads, pursuant.to the 25 Spring Valley Development Agreement. The 722.4-acre site is generally located on the east side of State Highway 16 at Equest Lane(approximately 1 mile north of Beacon Light Road). B. APPLICATION SUBMITTAL: 30 The application was originally submitted on December 20, 2012. Subsequent updates were made on January 20, 2013, and on October 14, 2014. Final edits to the application were provided to the City on January 16, 2014, March 18, 2014, and April 10, 2014, to make the application consistent with the requirements of ECC 11A-7 as approved by the Eagle City Council on January 14, 2014. 35 C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 28, 2014. Notice of this public hearing was 40 mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 28, 2014. Requests for agencies' reviews were transmitted on January 17, 2014, in accordance with the requirements of the Eagle City Code. The site is anticipated to be posted on April 30, 2014, the official affidavit from the applicant will be provided 7- 45 days before the hearing. D. HISTORY OF PREVIOUS ACTIONS: The M3 Pre-Annexation Development Agreement (RZ-19-06), adopted by the City in Page 1 of 39 K1Planning Dept'Eagle Applications\M3 Spring Valley\Applications'Planning Unit Master Plans\2012'PU-01-12\PU-01-12 pzf.doc November 2007, (herein referred as "PADA") The Eagle City Council approved RZ-19-06 MOD1: M3 Hillside and Grading Standards on November 24, 2009. M3 received a Conditional Letter of Map Revision (CLOMR) from FEMA on February 5 17, 2009. An amendment was submitted in March of 2013, and was approved by FEMA on November 8, 2013. The overall project-wide Habitat Mitigation Plan was approved by the City Council on January 11, 2011. The Eagle City Council approved an amended and restated development agreement for 10 M3/Spring Valley(RZ-19-06 MOD2) on January 14, 2014, (herein referred as "DA") The City council approved the M3/Spring Valley Development Standards on January 14, 2014, and by the adoption of Ordinance 710, established Eagle City Code Title 11 — Planned Developments,Chapter A—Spring Valley. E. COMPANION APPLICATIONS: 15 PP-06-12: Spring Valley Subdivision No. 1: A346.77 acre, 217-lot subdivision(190 residential lots, 22 common/open space lots, 3 future development parcels, 1 well site and 1 wastewater treatment plant site)pursuant to the Spring Valley Development Agreement. Page 2 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pztldoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING CURRENT DESIGNATION DESIGNATION LAND USE Foothills Rural Residential/Large Lot Single Family(Gulch Ranch Existing Residential R1-DA Estates Subdivision&Kling Estates Subdivision)/ Vacant Land/Limited Agriculture 108 acres SF1 (Single Family Residential) Spring 47.4 acres ER(Estate Residential) Valley Proposed No Change No Change 24.4 acres COS (Community Open Space) Land Use (ECC 11A-2) 24.9 acres ROS(Regional Open Space) 8.6 acres WWTP(Wastewater Treatment Plant) Spring No Change Valley No Change RR(Rural Proposed Residential-Ada Rural Residential/Large Lot Single Family/Vacant Land Use Foothills County)RP Land/Limited Agriculture (ECC 11A-2) Residential (Rural Preservation North of site -Ada County) South of site BLM/City PS(Public/Semi- South Land Regional Park Public) RR(Rural Foothills Residential Ada Rural Residential/Single Family(Highlander Estates East of site Residential County)RP Subdivision)/Vacant Land/Limited Agriculture (Rural Preservation - Ada County) RR(Rural Rural Residential Residential-Ada Rural Residential/Single Family(Estates Subdivision& West of site (Ada County) County)RP Kling Ranch Estates Subdivision)/Vacant Land/Limited (Rural Preservation Agriculture - Ada County) 5 G. DESIGN REVIEW: Subject to ECC 11-3 -Spring Valley Design Review Page 3 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-Ol-12 pzf.doc H. GENERAL PUMP DATA/DESIGN: Total Acres: 722.4 acres Developable: 232 acres in Southwest Planning Area 5 (SWPA) Future Development: 400 acres Reuse/Wastewater Land Application: 90.4 acres All calculations below are based on buildable portion of the PUMP: 232 Acres 10 Residential Units in PUMP No.!: 249 units PUMP Density: 1.07 units per acre Remaining units in SWPA: 201 units Max. Density SWPA: 1.07 units per acre 15 Open Space: 98.2 acres Regional Open Space: 19.6 acres Community Open Space: 69 acres Collectors,Arterial and Buffers: 9.6 acres of Developable Acres: 42.3% 20 Minimum Open Space: 20% (46.4 acres) Lots Adjacent to Open Space: 173 lots(91.1% of units in PUMP No. 1) All Units in SWPA: 173 units or 38.4% (50% Minimum) Lots less than 8,000 sq. ft.: No lots less than 8,000 sq. ft. 25 Lots less than 5,000 sq. ft. No lots less than 5,000 sq. ft. Constrained Acres(pre-mitigation): 207.11 acres(89.3% of site) Floodway: 47.61 acres Slopes>25%: 1.5 acres 30 Habitat Areas of Special Concerns: 158 acres Constrained Acres(post-mitigation): 61.36 acres(26.5% of the site) Floodway: 13.46 acres Slopes>25%: .9 acres 35 Habitat Areas of Special Concerns): 47 acres I. ECONOMIC ANALYSIS: The applicant provided an update to the 2006 economic analysis completed by Idaho Economics, John Church, as part of the December 20, 2012, submittal. The economic analysis is incorporated 40 herein by reference. J. LAND USE MASTER PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Land Use Master Plan is addressed in the applicant's narrative received and date stamped by the City on January 16, 2014, updated on March 19, 2014, and the applicant's Planning Unit Master Plan 45 No.1,Land Use Plan -Exhibit 6.B date stamped April 10, 2014. K. STREETS AND CIRCULATION MASTER PLAN: Page 4 of 39 K:\Planning Dept\Eagle Appliications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzfdoc The applicant's justification of the PUMP's compliance with the requirements of the Streets and Circulation Master Plan is addressed in the applicant's narrative received and date stamped by the City on January 16, 2014, and the applicant's Planning Unit Master Plan No.1, Streets and Circulation Plan-Exhibit 6.D date stamped April 10, 2014. 5 L. WATER MASTER PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Water Facilities Master Plan is addressed in the applicant's narrative received and date stamped by the City on January 16, 2014, updated on March 19, 2014,by JUB Engineers. The applicant's Spring 10 Valley Water Facilities Plan-Pump No.1 Amendment received and date stamped by the City on March 19, 2014. M. WASTEWATER MASTER PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Wastewater Master Plan is addressed in the applicant's narrative received and date stamped by the City on 15 January 16, 2014, and the applicant's Wastewater Facilities Plan received and date stamped by the City on October 3, 2013. The location of the 90.4 acre land application site for the effluent is identified on applicant's Planning Unit Master Plan No.1, Land Use Plan - Exhibit 6.B date stamped April 10, 2014. N. DRAINAGE MASTER PLAN: 20 The applicant's justification of the PUMP's compliance with the requirements of the Drainage Master Plan is addressed in the applicant's narrative and the applicant's Planning Unit Master Plan No.1 Drainage Study received and date stamped by the City on January 16, 2014. The City received a letter of approval from FEMA of the M3 CLOMR on November 18, 2013. O. PRESSURIZED IRRIGATION MASTER PLAN: 25 The applicant's justification of the PUMP's compliance with the requirements of the Pressurized Irrigation Master Plan is addressed in the applicant's narrative and the applicant's Pressurized Irrigation Plan received and date stamped by the City on December 20, 2012. A portion of the pressurized irrigation system is addressed in the Water Facilities Master Plan for PUMP No. 1 received on and date stamped by the City on March 19, 2014. The applicant is requesting an 30 Irrigation Master plan be provided at the time of submittal of the construction drawings for the first final plat within PUMP No.1. P. PUBLIC FACILITIES MASTER PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Public Facilities Master Plan is addressed in the applicant's narrative received and date stamped by the 35 City on January 16,2014. There are no Public Facilities identified in PUMP No. 1. Q. PARKS,TRAILS, AND OPEN SPACE MASTER PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Parks, Trail, and Open Space Master Plan is addressed in the applicant's narrative and the applicants Planning Unit Master Plan No.1, Parks, Trails, and Open Space Plan -Exhibit 6.J date stamped January 16, 40 2014, and updated in April 10, 2014. Page 5 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc R. ENVIRONMENTAL DESIGN MASTER PLAN: The applicant submitted an updated Landscape Master Plan including a narrative date stamped by the City on December 20, 2012, a Landscape Plan- Streets (Exhibit 4.B.b) received and date 5 stamped by the City on April 10, 2014, a Habitat Mitigation Plan (Exhibit 4.B.d) date stamped by the City on April 10, 2014, and a Habitat Monitoring Plan date stamped by the City on November 13, 2013. S. SUPER PAD/LARGE PARCEL MASTER PLAN: The applicant's justification of the PUMP's "future development parcels"is contained in the Land 10 Use section of the applicant's narrative date stamped by the City on January 16, 2014, and updated on April 10, 2014. T. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: 15 ACHD-Staff report dated April 15, 2014. Central District Health Department — Letter date stamped by the City on January 28, 2014. Concerns about approval by DEQ and the Eagle Sewer District prior to approval of a future plat. Eagle Fire Department—Letter date stamped by the City on November 20, 2012, and February 20 2, 2014. Eagle Sewer District-Letter date stamped by the City on February 3, 2014, and March 21, 2014 Farmers Union Ditch Company — Letter date stamped by the City on January 22, 2014. Concerns about expiration of the agreement between Farmers Union Ditch Company and M3 for crossing of the canal. Updated contract received on March 19, 2014. 25 FEMA—Conditional Letter of Map Revision date stamped by the City on November 18,2013. Idaho Department of Environmental Quality- Recycled Water Permit Received on October 3, 2013. Idaho Transportation Department — Letter date stamped by the City on June 27, 2013, and March 19, 2014. Addresses access point onto State Highway 16 at Equest Lane/Pollard 30 Lane. U. LETTERS FROM THE PUBLIC: Ken Hamilton - Date stamped by the City on March 10, 2014. Concerns about location of wastewater treatment plant. Doris Schirmer — Date stamped by the City on April 23, 2014. Concerns about the sewer 35 treatment site and the loss of equestrian theme. V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant's narrative did not specifically address the schedule for development but per Table 2 of the Spring Valley Development Agreement and the submittal of PP-06-12(Spring Valley Subdivision No. 1)the development of PUMP No. 1 is proposed to begin in 2014. 40 W. REQUIRED FINDINGS FOR A PLANNING UNIT MASTER PLAN: Page 6 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-Ol-12\PU-Ol-12 pzLdoc 11A-7-5A-2-ACTION BY PLANNING&ZONING COMMISSION: Upon making a recommendation the Commission shall specify in writing: a) The ordinances and standards used in evaluating the application; b) The facts submitted with the application and presented establishes that: 5 i. The PUMP substantially conforms with: the PADA and subsequent amendments;Title 11A; applicable master plans approved by the City; and/or other applicable information reasonably relied on by the City necessary to uphold the intent of the PADA and this Title. ii. Streets and thoroughfares proposed are suitable and adequate to carry 10 anticipated traffic, and increased densities, if any, will not generate traffic is such amounts as to overload the street network. iii. The proposed commercial/non-residential development is justified at the locations proposed and is consistent with the PADA. iv. The information provided from the agencies having jurisdiction over public 15 facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided,to serve any and all uses allowed within the PUMP area. The Planning Unit will be served, or is conditioned to be served, by adequate public services. c) A summary of the current status of overall Planning Area density,Open Space, 20 Community Centers,Neighborhood Centers,re-assignment of densities, and other adjustable factors as set forth in the PADA. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 25 See the Eagle Foothills Subarea Plan and the Findings of Fact and Concisions of law for RZ-19- 06, including MOD 1 and MOD 2. These documents are incorporated herein by reference. B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 30 1.2 Planned Development; 2t d Paragraph: City hereby authorizes Developer to include in Planning Unit Master Plans the types of uses that are the same as or similar to(as reasonably determined by City's Zoning Administrator), and densities and intensities of uses equal to or less than,those set forth in this 35 Agreement and/or Title 11A. Development of the Property may include, without limitation, the planning, design,engineering,construction, acquisition,installation, and/or provision of improvements of any sort or nature, including private infrastructure and Public Infrastructure related to development of the Property, whether located within or outside the Property. City, having exercised City's discretion in approving this Agreement, shall cooperate reasonably in 40 administratively-processing the approval or issuance of such permits,plans, specifications, plats and/or other development approvals of or for the Property as may be requested by Developer in order to implement the Project, and which are reasonably consistent with this Agreement. 45 Page 7 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc 1.4 Planning Concept; 2,nd Paragraph: The Project is planned for a Base Project Density of 0.5 units per gross acre, or 3,008 dwelling units, and 245 acres for Non-Residential Use. Through the application of the Bonus Density provisions,the Maximum Density may be increased up to 1.19 units per gross acre, 5 not to exceed 7,160 dwelling units, and 245 acres for Non-Residential Use. In the event that any of the Non-Residential Use lands within a Planning Area are developed as residential,Developer may allocate any unused acres for Non-Residential Use to another Planning Area as provided in this section 1. In the event Additional Property is annexed the process is set forth in this section 1. 10 Bonus Density is achieved at the time of City's approval of any PUMP as follows: • 2.5 units for each acre of a Community Center shown on such City-approved PUMP. • 10 units for each acre of a Neighborhood Center shown on such City-approved PUMP. • 1 unit for each acre of Regional Open Space shown on each City-approved PUMP and cumulatively for all prior City-approved PUMPs over and above the 20% Open Space 15 minimum requirement not to exceed 1,250 units. • 0.5 units for each acre of Community Open Space shown on each City-approved PUMP and cumulatively for all prior City-approved PUMPs over and above the 20% Open Space minimum requirement. • 10% of the total units for a Regional Open Space funding mechanism as described further 20 in Section 2.6(f)herein. To achieve Bonus Density in a PUMP,there must be a minimum Open Space of 20% in such PUMP, which Open Space shall be first calculated using Community Open Space. Bonus Density shall be re-calculated upon the submittal of each PUMP and/or plat. 25 Spring Valley is being planned as five different Planning Areas, as set forth in Exhibit B and Exhibit(s)D, D1, D2,D3,D4 and D5;the density allocation planned for each Planning Area is summarized in Table 1 below. Each Planning Area represents a unique design based upon: (i) topography; (ii)location within the Development Plan; (iii)existing and planned transportation 30 corridors; (iv)a balance of commercial,employment and residential uses to promote trip capture within the Project; (v) a wide array of housing and employment options to create a live/work environment; (vi)regional and community Open Space; and(vii)dedication or donation of public facility sites for schools,police and fire, library,parks,public and civic uses. Within all Planning Areas a minimum of 50% of all dwelling units, and 65% of all single-family detached lots less 35 than 5,000 square feet, and 50% of all single-family detached lots less than 8,000 square feet shall abut some form of Open Space. 1.6 Planning Unit Master Plan(PUMP): Each Planning Unit Master Plan shall be based on the Planning Area plans set forth in 40 Exhibit(s)D, D1, D2, D3,D4 and D5 and the Conceptual Development Plan set forth in Exhibit E. The Conceptual Development Plan will be updated when necessary to reflect modifications or to refine phasing within the respective Planning Unit Master Plans. It is not necessary for Planning Unit Master Plans to encompass the same geographical area as a Planning Area. A Planning Unit Master Plan should reflect the area within the Project that the Planning 45 Unit Developer is proposing to subdivide. The Planning Unit Master Plan may address a portion of one or more Planning Area(s) or Planning Unit(s), a complete Planning Area or Planning Unit, and/or more than one Planning Area or Planning Unit. The Planning Unit Master Plan shall be filed with the Zoning Administrator for review as to completeness and compliance with the application requirements of Title 11A of Eagle City Code and this Agreement. Thereafter, the 50 Planning Unit Master Plan shall be reviewed by the Planning&Zoning Commission for Page 8 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-O1-12\PU-Ol-l2 pztldoc recommendation to City Council in accordance with the notice and hearing procedures of Title 11A of Eagle City Code. If the Planning Unit Master Plan is substantially in conformance with this Agreement and Title 11A of Eagle City Code,the Planning&Zoning Commission and City Council shall not unreasonably withhold approval. 5 1.7 Allocation; Density: This Agreement provides for a Maximum Density of 1.19 units/acre, or 7,160 dwelling units, as provided in section 1.4 of this Agreement, and a maximum of 245 acres of Non-Residential Uses 10 within the Property. The number of dwelling units shall not exceed 7,160 dwelling units for the entire Project unless Additional Property is annexed into City and made subject to this Agreement. Developer shall also have the right to allocate residential density and/or Non-Residential Use acreage, and the Development Rights associated with such residential density and/or Non- Residential Use acreage, from Planning Area(s)or Planning Unit(s)to other Planning Area(s) or 15 Planning Unit(s)at any time, and Developer may allocate any unused residential density or Non- Residential Use acreage originally allocated to a Planning Area or Planning Unit to another Planning Area or Planning Unit in the event that the preliminary or final platting of a Planning Area or Planning Unit results in unused residential density and/or unused Non-Residential Use acreage,provided such allocation: (i)does not exceed the Maximum Planning Area Density; 20 (ii)does not exceed the Maximum Density for the Property; (iii)does not exceed the maximum Non-Residential Use acreage allowed for the Property; (iv)does not allow a use otherwise prohibited; or(v)cause a material change to this Agreement without prior amendment to this Agreement and compliance with the notice and hearing requirements of Title 11A of Eagle City Code. The allocation of residential density and/or Non-Residential Use acreage between Planning 25 Areas and Planning Units is consistent with City's planning efforts to encourage planning flexibility based on physical and market conditions while protecting private property rights. Developer shall deliver notice to City that an allocation of residential density or Non-Residential Use acreage shall be made from one Planning Area or Planning Unit to another Planning Area or Planning Unit and shall provide City with a statement of the number of residential units per gross 30 acre and/or Non-Residential Use acreage being allocated. Any such allocation shall not necessitate a formal amendment to this Agreement,but shall be retained in City's official file for the Property. 2.1 Traffic and Circulation: (a)Ada County Highway District; Idaho Transportation Department. Improvements to the 35 ACHD and/or ITD Traffic System, as applicable, within the Project shall be provided at the direction of ACHD, ITD or some other legally-constituted entity with jurisdiction over the ACHD Traffic System and/or the ITD Traffic System. Unless City has such jurisdiction, City shall not be responsible for any approvals or access permits required or construction or maintenance costs associated with the ACHD Traffic System and/or the ITD Traffic System, 40 within the Project. (c)ACHD Traffic System: Developer, with consultation with ACHD, will design,engineer, construct, acquire, install,permit and dedicate the ACHD Traffic System within and/or proportional to the Project's impacts in accordance with the Master Streets &Circulation Plan, 45 Planning Unit Master Streets &Circulation Plans and the Phasing Plan and all planning and study documents of ACHD. (d)ITD Traffic System: Developer,with consultation with ITD, will design, engineer, construct, acquire,install,permit and dedicate the ITD System within and/or adjacent and/or 50 proportional to the Project's impacts in accordance with the Master Streets &Circulation Plan, Page 9 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-O1-12\PU-01-12 pzf.doc Planning Unit Master Streets &Circulation Plans and Phasing Plan and all planning and study documents of ITD. City and Developer shall cooperate in pursuit of funding from or authorized by the State of Idaho for the construction of Developer's proportionate share of necessary improvements to the ITD System(which improvements may include, without 5 limitation, interchanges,roundabouts, traffic signals, turning lanes and frontage roads) required to implement this Plan. (e)Planning Unit Master Streets &Circulation Plan: A detailed analysis of the ACHD Traffic System within the Project and the ITD Traffic System within and/or adjacent to the Project 10 and the ultimate design and locations of streets and circulation improvements shall be consistent with the Master Streets &Circulation Plan and further defined in each Planning Unit Master Streets &Circulation Plan,which analysis shall be submitted and approved by ACHD and/or ITD, as appropriate. Each Planning Unit Master Streets &Circulation Plan shall be prepared by Developer and approved by City taking into account the Master Streets & 15 Circulation Plan, and any amendments thereto and the recommendations of ACHD and/or ITD, as applicable. Each Planning Unit Master Streets &Circulation Plan shall address any increase or decrease in traffic volumes from other Planning Unit Master Plans and the particular Planning Unit being planned that may occur as development progresses and densities and intensities are rearranged. 20 2.2 Water: (a) Municipal Water Right;Monitoring Plan: Pursuant to that certain Assignment of Application and Permit dated and filed with IDWR on June 13, 2011, which remains in effect and is applicable to this Agreement, Developer has conveyed to City ground water right no. 63- 25 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 30 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,City shall be responsible to pay its proportionate share of the total Monitoring Plan costs,its share being calculated as follows: total Monitoring Plan costs (A); multiplied by the results of the number of connections 35 to the Water System by a"customer(s)"or"user(s)"as defined by Eagle City Code Title 6 Chapter 5 (B); divided by the total Project residential density of 7,160 dwelling units (C). (A x (B -C)). Nothing in this Agreement, or action taken pursuant to this Agreement, shall be deemed to convey or grant any interest in the Municipal Water Right to Developer. (b) Irrigation and Related Uses: The Irrigation System shall be effluent(including reuse)or 40 other systems used for storage,delivery and the use of treated effluent on site, any water right or entitlement associated with ditch company shares, any surface water or ground water (excluding Permit#63-32573 or any existing or future water rights held by the City) or any additional water right or permits that may be associated with irrigation, aesthetics, amenities, or open space purposes. Connection to the water system shall be consistent with paragraph 2.2(a) 45 of this Agreement. Developer may provide additional water rights or entitlements for use on the Project,through Developer's own system or otherwise, for irrigation, aesthetic, amenity and/or open space use not served by the Water System within the Project, 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. Page 10 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Appfications\Planning Unit Master Plans\2012WU-O1-12\PU-01-12 pzf.doc The method of providing water for irrigation 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 Sections 2.2(a) and 2.3 below. Any irrigation system shall meet the requirements of Eagle City Code Title 11A. If Developer so requests, City will give 5 good faith consideration to establishing a city irrigation system pursuant to Title 50,Chapter 18, Idaho Code, or otherwise,to deliver irrigation 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 irrigation needs consistent with the provisions of this Section. Nothing in this section shall limit water delivery 10 from City to Developer at a wholesale rate during those times when such water is available under the Municipal Water Right if it 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 irrigation water necessary to serve such needs. 2.3 Wastewater Treatment and Disposal: 15 (a)Eagle Sewer District: Sanitary sewer collection,treatment and disposal shall be provided by Sewer District or some other legally constituted public or private provider allowed to operate in City. Developer agrees to annex to Eagle Sewer District and further agrees not to seek other sewer treatment services unless or until Eagle Sewer District refuses to serve the Project. City shall not be responsible for any treatment,maintenance or costs associated with 20 sanitary sewer collection,treatment and disposal in connection with the Project. (b)Master Wastewater Study;Master Wastewater Plan: Developer has completed the Master Wastewater Study and Master Wastewater Plan which has been submitted to Eagle Sewer District for approval. The Master Wastewater Plan,to be developed based on the Master 25 Wastewater Study provides general locations of the major wastewater infrastructure needed to provide service for the Property. 2.4 Storm Water Drainage: (a)Ada County Highway District: Post-development storm water management includes 30 drainage collection,diversion, detention,retention,dispersal,use and discharge,which shall be provided by ACHD or some other legally-constituted public or private provider allowed to operate in City and having jurisdiction over the Drainage System. Unless City has such jurisdiction,City shall not be responsible for any approval,construction,collection, conveyance or maintenance costs associated with the Drainage System within the Project. 35 (b)Master Drainage Study;Master Drainage Plan: Developer shall complete the Master Drainage Plan,based on the Master Drainage Study to describe pre-development drainage characteristics of the Property and a conceptual hydrologic and hydraulic analysis of the Property's existing and proposed Drainage System. In connection with such Master Drainage 40 Plan, Developer determined the applicable 100-year floodway elevations for the Property and shall obtain from FEMA a Conditional Letter of Map Revision("CLOMR")that adjusts the floodway boundaries. City shall use all good faith efforts to cooperate with Developer in connection with any of Developer's applications to FEMA to modify relevant flood maps to reflect actual conditions. 45 2.5 Public Facilities: Police: City shall provide police protection services to the Property as developed on the same basis as is provided to other residents and businesses within City. Developer shall contribute 1 site(not to exceed 1 acre)for the construction of a police station in accordance with the Page 11 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applcations\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzEdoc Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location. Police. City shall provide police protection services to the Property as developed on the same basis as is provided to other residents and businesses within City. Developer shall contribute 1 site(not to exceed 1 acre)for the construction of a police station in accordance 5 with the Master Parks,Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location. (b)Fire: Fire services are now provided to City by Eagle Fire District and Star Fire District (individually, the"Fire District"and collectively, the"Fire Districts"). Unless City becomes 10 the entity responsible, City shall not be obligated to provide fire services to the Property. Fire water flows shall be provided by the Water System and all fire protection infrastructure will be designed and constructed in conjunction with each Fire District and in accord with all applicable governmental regulations and adopted uniform fire codes. Hydrant locations will be determined following consideration of, without limitation, accessibility, obstructions, 15 building proximity, driveway entrances, signs and light poles. Developer, in consultation with the Fire Districts,has developed a wildfire management plan for implementation within such Fire Districts. Unless otherwise agreed between Developer and Fire District, Developer shall contribute 1 site(not to exceed 1 acre of land per site and in addition to the fire station site combined with the police station site referenced in section 2.5(a)above)for construction of the 20 fire station in accordance with the Master Parks,Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location. The final location is subject to Developer, applicable Fire District and City approval. Such fire station shall be identified in connection with the applicable Planning Unit Master Plan or portion thereof. 25 (c) Schools: Public education is provided by the Joint School District No. 2. City shall not be obligated to provide public education service to the Property. Developer has, and shall continue to work diligently with School District to ensure that the educational needs of Property residents are met. In furtherance of meeting educational needs,Developer may participate with School District in enhancing the technology in one or more schools 30 constructed by School District on the Property. Developer generally has identified potential school sites within the Project, as depicted on the Master Parks,Trails and Public Facilities Plan, attached as Exhibit I,to accommodate the needs of students generated as a result of the development of the Property using School District's student generation rates to determine the probable number of sites. The specific location, specific number of school sites and types of 35 schools (i.e.,elementary,middle and high schools) will be subject to approval by Developer and School District. The school sites will be shown as being dedicated to School District on an applicable Planning Unit Master Plan by Planning Unit Master Plan basis. The final number of school sites,the type of schools and their locations shall be identified in 40 the appropriate Planning Unit Master Plan. (d)Library and Other Municipal Services: City shall provide library and such other municipal services to the Property on the same basis as is provided to other residents and businesses within City. Developer shall offer to City up to a four-acre site(subject to actual needs and 45 based upon an approved site plan)for donation to City, with utilities stubbed, or to be stubbed, to such site to accommodate the development of the type of library and other municipal services necessary to serve the community at a location to be mutually agreed upon between City and Developer. If mutually agreed upon between City and Developer, Developer shall have the right to incorporate the space necessary to accommodate these uses into buildings 50 built by Developer within the Property. It is planned that such site would be located within the Page 12 of 39 K:\Planning Dept\Eagle Applcations\M3 Spring Valley\Apphcations\Planning Unit Master Plans\2012U'U-O1-12\PU-01-12 pzfdoc Big Gulch Planning Area. Design of any library shall be consistent with the EASD and/or Title 11A of Eagle City Code and shall be reviewed for approval by Developer. 2.6 Parks,Trail and Open Space: 5 (a)Master Parks,Trails and Open Space Plan: The Project will contain Open Space, totaling a gross minimum acreage of 20% of the Project area with an overall goal of providing 40% or more of the Project area as Open Space in exchange for Bonus Density described in section 1.4, above. Each Planning Area shall contain a minimum of 15% of its total gross acres as Open Space. A Master Parks,Trails and Open Space Plan for the Project is shown on 10 Exhibit I, which depicts the intent to link neighborhoods and Planning Areas to various common areas and recreational uses. The pathways and trails will be within and through Planning Areas and may be located along Open Space corridors and near or adjacent to community streets and roads. Pathways and trails may also utilize drainage ways and dry gulches between common areas and neighborhoods or may be combined with the drainage 15 system for the Project. The parks,trails and Open Space Plan shown on Exhibit I will be either owned by the Owners' Association City, or another entity, or a combination of all three. Developer will submit to City a more detailed Master Parks,Trails and Open Space Plan concurrently with the submittal of the first Planning Unit Master Plan or portion thereof. 20 (b)A Planning Unit Master Parks,Trails and Open Space Plan: A Planning Unit Master Parks, Trails and Open Space Plan shall be submitted as part of the Planning Unit Master Plan that generally conforms to the Master Parks,Trails and Open Space Plan and will address roadway crossings,habitat,trails within the Eagle Regional Park, ownership or intent to dedicate park facilities if known at the time of submittal. 25 (f)Maintenance of Regional Open Space: Developer acknowledges the significance of the public Regional Open Space being created in the foothills and agrees to cooperate with City to establish an ongoing funding mechanism which is applicable to all residential and Non- Residential Use lands,homes or buildings within the North Eagle Foothills Planning Area 30 and/or City limits. This funding mechanism shall be solely for the Regional Open Space associated with this Project and identified in Exhibit I of this Agreement. The funding mechanism requirement shall be met when Developer provides for funding of maintenance of Regional Open Space through an Owners' Association's CC&Rs and such funding mechanism is an obligation of all owners governed by such CC&Rs to fund the maintenance 35 of Regional Open Space within that area of Spring Valley governed by such CC&Rs. In no event does the Density Bonus provision, in section 1.4 of this Agreement, apply until the funding mechanism is established by Developer in accordance with this Agreement. 2.7 Planning Unit Master Environmental Design Plan:. 40 (a)Landscape; Signage;Lighting: All development of the Property shall comply with the landscape, signage and lighting standards of Eagle City Code Title 11A. (b)Habitat Mitigation Plan: A Habitat Mitigation Plan that addresses development within Constrained Lands, as generally identified on Exhibit J as Habitat Areas of Special Concern, 45 has been prepared by Developer in cooperation with City. The City-approved Habitat Mitigation Plan, attached hereto as Exhibit N, identifies areas where Mitigation is required, the type of Mitigation actions,if any,required, and the rationale for such actions. City and Developer may coordinate,cooperate, and consult with other agencies in the application of the Habitat Mitigation Plan,but approval authority for the application of the Habitat Mitigation 50 Plan shall rest solely with City based on standards commensurate with such Habitat Mitigation Page 13 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applcations\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzfdoc Plan(s)and based on findings that demonstrate a rational nexus Nothing in the Habitat Mitigation Plan may be construed as either incorporating state and/or federal standards and/or regulations that are not applicable to the Property or otherwise conferring any approval authority for the Habitat Mitigation Plan to any state or federal agency. Implementation and 5 compliance with the Habitat Mitigation Plan shall be on a Planning Unit by Planning Unit basis. A PUMP shall not be approved if development is proposed and compliance with the Habitat Mitigation Plan has not been approved or conditionally approved in accordance with Eagle City Code Title 11A. 10 3.1 Regulation of Development: (a)Applicable Rules: The ordinances, rules,regulations,permit requirements, development fees, other infrastructure fees, exactions, other requirements, and/or official policies however denominated, applicable to and governing the development of the Property shall be those that are existing and in force as of the Date of Application, as may be mutually amended by 15 amendment to this Agreement;provided,however,notwithstanding anything to the contrary herein,Titles 8 and 9 of Eagle City Code are not applicable to Spring Valley and have been replaced by Title 11A of Eagle City Code. 3.2 Amendments: 20 2❑d Paragraph: No moratorium,future ordinance,resolution or other land use rule or regulation imposing a limitation on the development or the rate,timing or sequencing of the development, of the Property or any portion thereof shall apply to or govern the development of the Property whether affecting land use permits, subdivision plats,building permits, occupancy permits or other entitlements to use issued or granted by City,except as otherwise 25 provided in this Agreement. Nothing in this section shall prohibit City from withholding the issuance of Certificates of Occupancy for a structure to be occupied if the Public Infrastructure improvements set forth in this Agreement and Planning Unit Master Plans required to serve the applicable portion of the Property on which a structure to be occupied is to be located are not in place prior to occupation of such structure. 30 C. PLANNED DEVELOPMENTS ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 11A-7-1: PURPOSE, GOALS,AND OBJECTIVES: A. The purpose of the Planning Unit Master Plan is to ensure that the land uses and densities 35 prescribe for development are consistent with the PADA and this Title 11A prior to subdivision; B. A Planning Unit Master Plan should reflect an area within Spring Valley that the Planning Unit developer is proposing to subdivide in the future; C. The Planning Unit Master Plan may address a portion of a Planning Area, a complete 40 Planning Area, or more than one Planning Area. Page 14 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applcations\Planning Unit Master Plans\2012\PU-01-12TU-01-12 pzf.doc 11A-7-2: PUMP COMPLIANCE WITH PADA: The PUMP process is intended to demonstrate substantial conformance with the land use and infrastructure requirements found within the PADA. The PUMP does not provide or constitute 5 approval(s)to construct or develop the site. An application for approval of a PUMP may be filed by a property owner or a person having an existing interest in the property to be included in the PUMP. 10 11A-7-3: OWNERSHIP REQUIREMENTS: The PUMP application shall be filed in the name or names of the recorded owner or owners of property included in the development. However,the application may be filed by the holder(s)of an 15 equitable interest in such property. Documentation showing the approval by the Master Developer shall be presented at the time of application submittal. 20 11A-7-4: PLANNING UNIT MASTER PLAN(PUMP)APPLICATION REQUIREMENTS A. A PUMP shall be prepared for each Planning Area as defined in the PADA, or a portion of a Planning Area,detailing substantial conformance with Exhibits D,D1,D2,D3,D4, D5 and E of the PADA which includes but is not limited to the general location and size of development 25 parcels; uses and density ranges for each parcel compared to the maximum allowed density and units with the planning area;circulation system by road classification and the use of private roads;backbone water, wastewater, drainage and irrigation facilities; locations for public facilities; amenities,trails and acres of open space and habitat area;and landscape character. 30 A PUMP application shall be submitted to the Administrator for review and approval by the City. The applicant shall meet with the Administrator prior to the submission of the PUMP. The 35 purpose of this meeting is to discuss informally the proposed PUMP and to inform the applicant of the applicable regulations. B. The Zoning Administrator shall refer the PUMP application to as many governmental agencies as deemed necessary. The Zoning Administrator shall provide that any transmittal will be 40 returned within fifteen (15)days. Such agencies may include the following: 1. Other governing bodies having joint jurisdiction; 2. The appropriate utility companies, irrigation companies or districts and drainage districts; 3. The superintendent of the school district; and 45 4. Other agencies having an interest in the proposed subdivision. C. A PUMP application shall include the following information, on forms or in a format deemed appropriate by the Zoning Administrator: 2. Project Narrative Page 15 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Apptications\Planning Unit Master Plans\2012\PU-Ol-12\PU-01-12 pzf.doc a) Name, address,phone number and email address of the applicant, engineer and/or planner. b) Proof of ownership and,if appropriate,identification of the contract-purchaser along with vesting deed, current Title insurance policy or commitment and legal 5 description. If the PUMP application is submitted by an applicant other than the Master Developer, a letter from the Master Developer approving the submission of the application. c) A submittal letter including a brief description of the project that also briefly describes a history of previous project applications. 10 d) Description of how the PUMP is consistent with the existing and planned uses outlined in the PADA and the Spring Valley Master Plan. If the PUMP is not in substantial conformance with any component of the Spring Valley Master Plan, an amendment of the nonconforming component of the Master Plan shall be submitted contemporaneously with the PUMP application. 15 e) A tabulation of proposed residential units and non-residential acres in the Planning Unit compared to the number of units and non-residential acres allowed in the Spring Valley Master Plan and the applicable Planning Area in which the PUMP is located, including cumulative totals approved in connection with previous PUMPs. Such tabulation shall show the trend toward achieving the 20 Planning Area requirement that fifty percent(50%)of all dwelling units in the Planning Area, sixty-five percent(65%) of all single-family detached lots less than five thousand(5,000) square feet in the Planning Area, and fifty percent (50%)of all single-family detached lots less than eight thousand(8,000) square feet in the Planning Area, will abut some form of Open Space. 25 f) A tabulation of the constrained(pre-mitigation)and unconstrained(post- mitigation)acreage for the PUMP and the Planning Area. g) A vicinity map at a scale approved by the Administrator showing the relationship of the PUMP to the Spring Valley Master Plan and Eagle Comprehensive Plan. 3. Economic Impact Analysis 30 An Economic Impact Analysis &Demographic Forecast, dated October 25, 2006, and revised July 2007,by Idaho Economics was provided to the City in connection with the 2007 approval of Spring Valley. An update to the Economic Impact Analysis shall be provided to City in connection with the first Planning Unit Master Plan application. Thereafter, an update to the Economic Impact Analysis shall only be required with a PUMP application if a substantial 35 change is proposed for the Spring Valley Master Plan such as an increase in the maximum density in Spring Valley. 4. Planning Unit Master Land Use Plan A land use plan on a minimum sheet size of 11" x 17"but not greater than 24"x 36"at a scale 40 appropriate to the sheet and legible enough to read all details and containing the following: Page 16 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-Ol-12 pzf.doc a) The Title block should be located in the lower right hand corner along with the date of preparation, owner's name, address and phone number, and the name, address and phone number of the person(s) or firm(s)preparing the land use plan. b) The name of the proposed Planning Unit. 5 c) North arrow and the scale of the drawing. d) Location and acreage for each development parcel within the Planning Unit. Land use districts will be identified with different colors. Superpads/large parcels may be identified on the land use plan. e) A summary table describing the land use, number of acres and/or units for each 10 development parcel. f) Existing and proposed arterial and collector streets. g) Topography at 2-foot or other appropriate intervals referenced to a U.S.G.S. standard. This information could be shown on a separate exhibit. h) Existing topographic characteristics showing slopes over 25% and the location 15 and acres for development to be graded pursuant to the Grading Guidelines and Hillside Development Standards. This information may be shown on a separate exhibit and may be combined with the submittal listed immediately above. 5. Planning Unit Master Streets &Circulation Plan a) A plan showing the arterial and collector roadway network. 20 b) A streets and circulation phasing plan. c) A traffic impact study(TIS)of the ACHD traffic system within the PUMP and ITD traffic system adjacent to the PUMP for compliance with the Master Traffic Study and the ACHD Northwest Foothills Transportation Study will be provided to ACHD and/or ITD. Such TIS may be submitted prior to the rest of the PUMP 25 application. d) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Streets &Circulation Plan with reference to traffic volumes associated with previously approved PUMP(s). The narrative shall include a description of the location of private roads and the number of residential 30 units served by such private roads. 6. Planning Unit Master Potable Water Plan a) An updated Spring Valley Water Facility Plan will be provided if the PUMP application requires modifications to the existing Spring Valley Water Facility Plan. If the municipal transmission potable water system complies with the 35 existing Spring Valley Water Facility Plan, an update is not necessary. b) A plan showing the location and size of municipal transmission potable water system components, including both on-and off-site(that is,outside of the Planning Unit)municipal water mains (that is,not service lines), municipal wells, pump stations,pressure reducing stations and storage facilities needed to serve the 40 Planning Unit. c) A phasing plan for the construction of the necessary municipal transmission potable water system. Page 17 of 39 K:\Planning Dept\Eagle Applications'M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-Ol-12 pzf.doc d) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Water Facility Plan and the Spring Valley RAFN water right. 5 7. Planning Unit Master Wastewater Plan a) A plan showing the location, size,type and capacity of the backbone wastewater collection,transmission and treatment system components,including effluent and/or re-use storage,transmission and/or disposal facilities needed to serve the Planning Unit. 10 b) A phasing plan for the construction of the necessary wastewater collection and re- use systems. c) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Wastewater Facility Plan, including a discussion of re- use goals and feasibility. 15 8. Planning Unit Master Drainage Plan a) A plan showing the location and estimated size of major drainage channels and major retention/detention basins, and the location of existing major drainage ways and designated 100-year flood plains within the Planning Unit including background information and/or calculations. 20 b) Location and acreage removed from the floodway pursuant to the FEMA- approved CLOMR. c) A narrative describing: proposed measures necessary to comply with the ACHD Storm Water Policy Manual for drainage located within ACHD rights-of-way; and the regional design of storm water management systems that mitigate flooding 25 potential, including peak discharge reduction and storage facilities consistent with applicable ACHD or City requirements and the basis of design for flood protection for all structures. d) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Drainage Plan. 30 9. Planning Unit Master Pressurized Irrigation Plan a) An updated Spring Valley Master Pressurized Irrigation Plan will be provided if the PUMP application requires modifications to the existing Spring Valley Master Pressurized Irrigation Plan. If the pressurized irrigation system complies with the existing Spring Valley Master Pressurized Irrigation Plan, an update is not 35 necessary. b) Description of the irrigation measures to be used for the PUMP including groundwater,potable water and reuse. Evidence of sufficient means/rights to provide irrigation. c) A narrative or evidence showing how this component of the PUMP complies with 40 the Spring Valley Master Pressurized Irrigation Plan. Page 18 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley■Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc 10. Planning Unit Master Public Facilities Plan a) A plan showing the locations of public facilities including schools, fire and police stations, a library and other civic facilities, and public utility easements and facilities. 5 b) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Public Facilities Plan. c) Evidence from public facility providers to the effect such provider(s)will serve the Planning Unit. 11. Planning Unit Master Parks,Trails &Open Space Plan 10 a) A plan showing the locations and sizes of public and private common areas outside of a development parcel, which may include neighborhood,regional and community parks, lakes and ponds,floodways, drainage ways and dry gulches, natural open space, and other open space and recreation areas,including a description of what amenities are provided. 15 b) A tabulation of Open Space acreage by Regional Open Space,Community Open Space(including Open Space within neighborhoods or parcels)and other Open Space(including on-lot Open Space)including cumulative totals in connection with previous PUMPs. c) Golf course locations. 20 d) Location of vineyards and other agricultural areas. e) Location of regional and community pathway and trail facilities,including typical pathway and trail cross-sections, materials and trail signage. 0 Identification of who will own and maintain the regional and community parks, trails and open space facilities. 25 g) A phasing plan for the construction of the regional and community parks,trails and Open Spaces within the Planning Unit. h) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Parks,Trails &Open Space Plan. i) Discussion of the funding mechanism proposed in connection with the 30 maintenance of Regional Open Space. j) A letter of recommendation from the Eagle Parks and Pathway Committee for all facilities to be dedicated, operated and/or maintained by and to the City. 12. Environmental Design Plan a) Landscape—An exhibit or exhibits showing landscape areas that will use upland 35 or riparian landscape palettes included in Title 11A Chapter 3. The exhibit shall also include the location of formal versus informal street sections as defined in Title 11A Chapter 3. b) Signage-An exhibit showing the location of the proposed community signs for the PUMP identified in Title 11A Chapter 3. Approval of the PUMP signage plan 40 does not waive the requirement for all community signs to comply with the location, size and spacing standards of Title 11A Chapter 3 and/or the Community Page 19 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-O1-12\PU-01-12 pzf.doc Master Sign Plan once approved by the City, and,if the Community Master Sign Plan has not been approved by the City,then City Code. c) Habitat Mitigation Plan -Location of any Areas of Special Concern, and if present, a narrative or evidence of showing how the PUMP complies with the 5 Spring Valley Habitat Mitigation Plan. 12. Super Pad/Large Parcel Plan a) A plan showing the conceptual locations and sizes of super pads/large parcels for sale and transfer for further development. The plan should include timing and phasing of platting. The conceptual location and sizes of super pads/large parcels 10 may be identified on the land use plan. b) All platting of such super pads/large parcels shall be conducted in compliance with Title 11A Chapter 13 of Eagle City Code. c) Super pads/large parcels are not considered buildable lots until re-platted and reviewed for compliance with Title 11A Chapter 13 of Eagle City Code. 15 D. DISCUSSION: • The Eagle Comprehensive Plan designates the property as Foothills Residential and the project, as approved in the Development agreement dated January 14, 2014, was found to be consistent with the Eagle Comprehensive Plan. 20 • This application was submitted in compliance with Eagle City Code 11A-7 and pursuant to the requirements of Paragraph 1.6 for the Spring Valley Development Agreement. • Pursuant to the applicant's submittal "Spring Valley PUMP No.1 Exhibit 6.0 Existing Topographic Conditions" date stamped by the City on April 10, 2014, the applicant proposes to grade 0.6 acres of slopes in excess of 25%. The Eagle City Council approved RZ-19-06 25 MOD 1: M3 Hillside Development and Grading Standards on November 24, 2009. Pursuant to the Spring Valley Hillside Development and Grading Standards and ECC 11A, the applicant shall receive City approval of all grading plans prior to site disturbance. • The applicant's submittal "Spring Valley PUMP No.1 Exhibit 6.0 Existing Topographic Conditions" date stamped by the City on April 10, 2014, does not show topography and 30 necessary grading associated with the reuse/wastewater land application. The applicant should be required to submit an updated Spring Valley PUMP No.1 Exhibit 6.C-Existing Topographic Conditions which includes the reuse/wastewater land application site. • The applicant is requesting the approval of 249 units on 232 developable acres. The density provisions in paragraph 1.4 of the Spring Valley Development Agreement establish that the 35 PUMP based residential allocation is 1 unit per 2 acres (116 units) which shall be removed from the overall base project allocation of 3,008 units. The PUMP may achieve bonus density based on design components, the provision of additional open space, and the funding of regional open space. The table below details the residential unit calculations and bonus provision for PUMP No. 1: 40 Page 20 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-Ol-12\PU-01-12 pzf.doc 5 SWPA-PUMP No.1 ';'$t„,1;1 -;"rvi1 r3 3dfrJ t`, w,: PUMP Base Density Acres (acres x.5 units) PUMP No.l 232 116 <.rt„f �"� !'✓ r Neighborhood Community Units Units Centers (acres x 10 (acres x 2.5 units/acre) Acres units/acre) Acres 0 0 0 0 Regional Open Space Community Open Space Open Space (above 20% Units Units minimum) Acres (acres above Min.x 1) Acres (acres above Min.x.5) 19.6 19.6 32.2 16.1 Funding of 10%of units Bonus Units Open Space (base plus bonus) 0 ru rr ;,.�w rry�xlr;rrt�r�rrr^' 9����; r�e✓� . g � oirc ��yrei �7y r 4, tif:W eta w , g4w gym:' w irra ': , '00,W,",„,n 9y� 3,`r„�1, 10 • According to Paragraph 1.7 of the Spring Valley Development Agreement, units once achieved (either through the base density or bonus density provisions) may be allocated to current planning area or placed in a bank to be applied to a future planning areas within the project so long as the overall maximum density of the planning area (as identified in Exhibit D4 of the Spring Valley Development Agreement) is not exceeded. PUMP No.1 through the 15 base allocation of 1 unit per 2 acres (116 units) and bonus provisions (35.7 units) does not achieve the desired residential allocation for PUMP No. 1 (249 units) so the additional units needed (97.3 units) must be deducted from the overall project base allocation thus reducing Page 21 of 39 K:Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzfdoc the remaining unallocated residential allocation for the project to 2,987 units. • The applicant has not identified in the Spring Valley PUMP No.1 a neighborhood center (no community center is planned in the Southwest Planning Area)consistent with paragraph 1.4 of the Spring Valley development agreement so no density bonus was applied. 5 • The applicant has not provided the City a funding source for regional open space consistent with paragraph 1.4 and 2.6(f) of the Spring Valley development agreement so no density bonus was applied. • According the Exhibit D4,page D4-1, of the Spring Valley Development Agreement the Residential densities with in the Southwestern Planning Area are to be"1 to 10 units per acre 10 but may also contain estate type equestrian lots on 1-2 acres and larger." The overall density of Spring Valley PUMP No.1 is 1.08, slightly over the 1.07 for the entire southwest planning area. Future submittals within the Southwestern Planning area should be evaluated in conjunction with this approval to ensure the accumulative maximum density of 1.07 units per acres is not exceeded. 15 PUMP No.1 ECC 11A-2: Max.Density Planning Land Use per Area District Description PUMP Regional Open Space:Regional Open Space is intended to serve the general public and may be adjacent to,or provide connection to,large scale regional open space within the City's North Eagle Foothills Planning Area. Regional Open Space may include many of the amenities provided in Community Open Space as well as active regional SWA-1, ROS parks,regional trail corridors(such as the Big Gulch Regional Park, No Residential SWA-10 Trail and Open Space Corridor),and large natural areas planned for Density dedication as permanent natural open space as part of an Eagle Regional Park and Willow Creek Road Open Space Corridor. Regional Open Space may be owned and maintained by the City,the Spring Valley Community Association,a land trust or other conservation group or entity. SWA-2: SWA-2, ER Estate Residential:Single Family detached,2 units per gross acre, 0.65 units/acre; SWA-4 Minimum lots size.3 acre(13,068 sq.ft.) SWA-4: 1.38 units/acre Community Open Space:may include public,semi-public,and private recreational facilities,amphitheaters,golf courses,pathways and trails, landscape zones in and adjacent to major roadways including areas SWA-3, outside of a dedicated right-of-way,greenbelts,cultural,community, SWA-5, COS educational,and quasi-public facilities,equestrian centers and No Residential SWA-6 trailheads,as well as parks,playfields and natural open spaces. Density Agricultural uses,such as vineyards,wineries and plant nurseries,are considered Community Open Space. Facilities and tracts of land owned by the Spring Valley Community Association are also considered Community Open Space. SWA-7: SWA-7, 1.46 units/acre, SWA-8, SF-1 Single-Family Detached:Single Family detached,Up to 5 units per SWA-8: SWA-9 acre,Minimum lot size 8,000 sq.ft. 1.75 units/acre, SWA-9: 2.06 units/acre • According to the applicant's PUMP No.1 Landscape Plan,date stamped by the City on April 10, 2014, SWA-3 and a portion of three residential lots in SWA-7 are located in"Native Undistributed Open Space." Similarly,these areas are not included in the Water Facilities 20 Plan PUMP No.1 Amendment for irrigation,date stamped by the City on March 19, 2014. Currently a portion of High Ridge Lane, a private road easement,provides access to Ada County Parcel Numbers S0328449400 and S032844910,by crossing the"native Page 22 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-O1-12\PU-01-12 pzf.doc undistributed"area identified in SWA-3. By definition, SWA-3 is to be left in a native landscape-undisturbed and unirrigated which is in conflict with the use as a private road. To this end,the applicant should be required to 1)relocate High Ridge Lane outside of SWA- 3 or update the PUMP No.1 Landscape Plan to identify the area as roadway and not open 5 space, and 2)place a deed restriction and/or plat note that SWA-3 and the applicable portion of SWA-7 are native and undisturbed areas and there shall be no irrigation of these areas. • According to the applicant's PUMP No. 1 Landscape Plan, date stamped by the City on April 10, 2014, and the PUMP No. 1 Habitat Mitigation Plan,date stamped by the City on April 10, 10 2014, SWA-3, SWA, 5, and SWA-7 include"native and undisturbed"open space equaling 23 acres. Prior to approval of a final plat application within each of these areas,the applicant should be required to provide for the City's approval a plan to identify and protect these areas from disturbance, intentional or incidental,during the construction process. The applicant should also be required to place a deed restriction and/or plat note stating these areas are 15 native and undisturbed areas and no alterations or modifications to this area should occur. • Pursuant to ECC 11A-7C-2"An update to the Economic Impact Analysis shall be provided to City in connection with the first Planning Unit Master Plan application." The applicant submitted an updated economic analysis on December 20, 2012, attached hereto. The City 20 contracted with Bootstrap Solutions, Dr. Richard Gardner, to review and provide recommendation to the City concerning the economic analysis. After working with M3's consultant,Dr. Gardner provided a letter of agreement on December 12, 2013,between M3's consultant,John Church, and himself to be signed by both entities. M3 submitted a signed letter of agreement on March 11, 2014,the agreement is attached hereto. 25 • As to the Spring Valley Development Agreement Section 2.1: Traffic and Circulation: (a) Developer, with consultation with ACHD, will design, engineer, construct, acquire, install, permit and dedicate the ACHD Traffic System within and/or proportional to the Project's impacts in accordance with the Master Streets & Circulation Plan,Planning Unit 30 Master Streets & Circulation Plans and the Phasing Plan and all planning and study documents of ACHD. And; (e) A detailed analysis of the ACHD Traffic System within the Project and the ITD Traffic System within and/or adjacent to the Project and the ultimate design and locations of streets and circulation improvements shall be consistent with the Master Streets & 35 Circulation Plan and further defined in each Planning Unit Master Streets & Circulation Plan, which analysis shall be submitted and approved by ACHD and/or ITD, as appropriate. ACHD issued a draft staff report for application number PU-01-12, on April 15, 2014, see attached document. The ACHD Commission heard the application on April 23, 2014, 40 consistent with the staff recommendation. The applicant shouldcomply with the conditions of approval from ACHD and should submit updated Planning Unit Master Plan maps consistent with the decision of ACHD. ITD provided a letter of review on June 27, 2013, approving the access location on State Highway 16. Subsequently, on March 19, 2014, ITD issued a second letter reasserting the 45 District's approval of the access point onto State Highway 16 in alignment with Pollard Lane. • The Tesoro pipeline is identified on the Streets and Circulations, Parks and Trails, the Landscape Master Plans. The applicant should receive written approval from Tesoro for construction within and crossing of their easement prior to submittal of a final plat for a plat Page 23 of 39 K:\Planning Dept\Eagle Applications\M3 Sprang Va ley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc within PUMP No. 1. • The Streets and Circulation Master Plan for PUMP No. 1 includes a looping of the Farmers Union Canal through the site requiring construction adjacent to and crossing of the facility. A letter date stamped on January 22, 2014, was received from Jerry Kiser representing the 5 Farmers Union Ditch Company's position. Mr. Kiser states that the M3 agreement for crossing the ditch has expired and a new agreement is needed. Further,that the ditch company has concerns about the location and separation between open space uses and the ditch within SWA-1, SWA-2b, SWA-3 and SWA-4. On March 19, 2014,the applicant provided the City a copy of a new agreement with the ditch company for crossing and work within the ditch 10 company easement. The applicant should continue to work with the ditch company to address issues or concerns associated to the design and development of open space along the facility. • The City Engineer has provided a detailed review of the proposed Water Facilities Plan Amendment No.1, date stamped March 19, 2014(see Engineers letter date stamped by the City on April 15, 2014). Staff recommends the applicant be required to conform to the 15 conditions established in the City Engineer's letter. • The Water Facility Plan PUMP #1 Amendment requires DEQ approval prior to the applicant moving forward on the design of any improvements on the water system. In addition, DEQ requires the submittal of a Preliminary Engineering Report for review and approval prior to preparing and submitting detailed plans and specifications. 20 • The applicant's narrative, date stamped January 16, 2014, states and the Spring Valley PUMP No.1-Land Use Plan (Exhibit 6.B), date stamped by the City on April 10, 2014, depicts that a municipal well site is located in the "future development area." The applicant should show both (2) municipal well sites on the PUMP No. 1 Land Use Plan. Further, since the one future well site located in the "future development area" will not be platted as part of the first 25 subdivision in PUMP No. 1 (PP-06-12) the applicant should provide a well easement consistent with DEQ standards and an access easement to the site and for any necessary distribution system prior to submittal of a final plat within PUMP No. 1. • Due to the variation of elevations throughout the development and the need for multiple pressure zones, the water system in M3 will require the use of individual on-lot pressure 30 reducing valves associated with domestic use and irrigation in areas where pressures are expected to exceed 80 psi. The home owners will be responsible for the maintenance of these valves. In order to ensure home owner notification and inspection of the valves, a standard should be established for the location of the valves on site and the plat should note which lots will contain PRV. The standards should be reviewed and approved by the City Engineer prior 35 to submittal of the first final plat within PUMP No.1. • Since irrigation to the residential lots within the development is planned to be served by the municipal water system, an approved Backflow Prevention Device (BFP) should be installed on the user side of the water meter with the location approved by the City of Eagle Water Department prior to the submittal of the first final plat within PUMP No. 1. The BFPs will be 40 owned and maintained by the individual homeowner. The City will require that the homeowner provide verification that the BFP has been installed and all necessary inspections and testing have been completed. The CC&Rs should include provisions of the ownership and maintenance of the BFPs and identify all lots that are required to have a BFP. The BFP systems should meet the requirements of Eagle City Code Title 6-5A. 45 • The Central District Health Department letter, date stamped by the City on January 28, 2014, states they require certification of approval from the Eagle Sewer District before they can approve the sewer system for the project. Page 24 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pal doe • According to the applicant's Wastewater Facilities Master Plan, the Eagle Sewer District will be the entity responsible for primary treatment of wastewater but initially the applicant will be responsible for disposal of the solids and water. Solids will be trucked to the Star Sewer District for disposal and disposal of the liquid will be the responsibility of M3 and/or the 5 HOA. As part of the PUMP No.1- Land Use (Exhibit 6.B) date stamped by the City on April 10, 2014, M3 has identified a 90.4 acre land application site for the disposal of the liquid wastewater. The land application site will be a required piece of infrastructure until the size of the project allows for additional treatment and the use of reuse water for irrigation. Until that time the sewer transmission lines and the land application site should be included within 10 easements for access to the site and line. The specific wording of the easements shall be reviewed and approved by the City Engineer and City Attorney prior to approval of the final plat. • The Wastewater Facility Plan, dated April 9, 2013, was approved by DEQ on May 24, 2013, and date stamped received by City October 3, 2013, and Technical Report for a Permit to 15 Apply Recycled Water, Dated June 17, 2013; DEQ approved August 16, 2013; Date stamped received by City October 3, 2013, must be amended to reflect the applicant's current proposal to not use supplemental irrigation, including municipal water, at the land application site. The amended reports should be approved by the Eagle Sewer District and DEQ prior to submittal of the first final plat within PUMP No.1. In addition, DEQ requires the submittal of a 20 Preliminary Engineering Report for review and approval prior to preparing and submitting detailed plans and specifications. • According to the applicant's Water Facilities Plan PUMP No.1 Amendment (WFP), date stamped by the City on March, 19, 2014, the number of units planned for within the WFP is 232 but according to PUMP No. 1 Land Use Master Plan (Exhibit 6.B), date stamped by the 25 City on April 10, 2014, the applicant is requesting approval of 249 units. The applicant should be limited to platting 232 units until an updated Water Facilities Plan is submitted and approved by the City and DEQ. • The applicant received a conditional letter of map revision (CLOMR) from FEMA, date stamped by the City on November 18, 2013, attached hereto. The applicant should be 30 required to comply with all floodway construction, development, and permitting requirements in Eagle City Code. • According to the applicant's PUMP No.1 Drainage Study, dated stamped by the City on October 3, 2013, the developed drainage flow rates will not exceed the existing conditions. A storm water drainage report that accounts for existing and proposed drainage flows should be 35 submitted with the first final plat application within PUMP No. 1 and be updated with each successive submittal. The applicant should demonstrate that project runoff does not exceed historical rates at any point in the development. • Due to the limited analysis of the irrigation system presented in the Water Facility Plan PUMP No. 1 Amendment, the applicant is required to submit an Irrigation Master Plan prior to 40 submittal of a final plat application within PUMP No.1. The Irrigation Master Plan should provide more specific analysis and include how the pressurized irrigation system will interact between the surface water, irrigation groundwater, municipal water system, and the reuse of effluent. A revised irrigation master plan should be reviewed and approved by the City Engineer as part of the first final plat submittal within PUMP No. 1. 45 • No public facilities are proposed in PUMP No.1 and the City has not received requests from the affected agencies requesting mitigation as allowed pursuant to paragraph 2.5 of the Spring Valley Development Agreement. Page 25 of 39 R.\Planning Dept\Eag1e Applications\M3 Spring Valley\Applcations\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc • The M3 project is split into two fire districts, Eagle and Star. Prior to November of 2013, the two districts were operating under a joint management structure. Pursuant to the Development Agreement, M3 is required to receive approval of a Wildfire Management Plan from the applicable fire districts. On November 20, 2012, the City received a letter of approval from 5 the Eagle Fire District (acting as a joint approval for Star Fire District) of the Wildfire Management Plan (see attached). Since receipt of the wildfire plan approval, the two districts are no longer operating under a joint management structure and are now individually managed districts. PUMP No. 1 is located within the jurisdictional boundary of the Star Fire District. To date, the City has not received a letter of comment or approval from the Star Fire District 10 addressing the implementation of the Wildfire Management Plan or PUMP No.1. Staff is concerned that in the restructuring of the fire departments Star Fire District may not be aware of the requirements to enforce the Wildfire Management Plan. The applicant should be required to provide a letter from Star Fire District recognizing the Wildfire management Plan and the District's ability to serve the project. 15 • Per ECC 11A-7-4C-1(e)the applicant shall illustrate how residential units comply with the minimum number of residential units abutting open space. The applicant's submittal, date stamped by the City on January 16, 2014,provides the following standard to be complied with at the time of preliminary plat approval: PUMP Planning Area Units 1 SWA-7 60 1 SWA-8 64 1 SWA-9 49 Sub-Total Units 173 Sub-Total Percent within PUMP No.1 91.1% 20 • Per the applicant's submittal Exhibit 6.J, date stamped by the City on April 10, 2014,the developed portion of Spring Valley PUMP No. 1 shall include 98.2 acres(42.3% of the site) as open space comprised of a minimum of 19.6 acres of regional open space, a minimum of 69 acres of community open space, and a minimum of 9.2 acres of right-of-way buffers and 25 landscape islands. At the time of preliminary plat approval within PUMP No.1,the open space associated with the Southwest Area subareas (SWA#) should be documented and found to be equal to or greater than the total shown on Exhibit 6.J. • The applicant's submittal,date stamped by the City on March 19, 2014,proposes a timeline 30 for the phased construction of open space and parks within the project. The phasing of the construction of the open space shall be reviewed at the time of preliminary plat approval and consistent with the table on the following page: 35 Page 26 of 39 K:\Planning Dept'aagle Applcations\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-O1-12\PU-o1-12 pzEdoc Spring Valley PUMP No.1:Open Space Construction Schedule All Neighborhood and Community Open Space will be developed at the time of the first final plat approval in the subarea with the following exceptions: SWA-1 ROS 23.1 acres With first Final Plat in PUMP No.1 SWA-2 COS @ SH16 1.7 acres With first Final Plat in PUMP No.1 SWA-3 COS 11.4 acres With first Final Plat in SWA-2 or SWA-4 SWA-5 COS 13 acres Shall be constructed with the construction of the WWTP SWA-6 Phase 1-public access easement and parking at the trail head at the time of 1st final plat in PUMP No.1 COS 16 acres Phase 2-Park,Community Center,pool,and formalized trailhead facilities shall be constructed with the last final plat in PUMP No.1 or prior to the issuance of the 196th building permit in PUMP No.1, whichever occurs first. SWA-10 ROS 1.8 acres With the first final plat in SWA-9 PUMP No.1 ECC 11A-2: Planning Land Use Max.Density per Area District Description PUMP Regional Open Space:Regional Open Space is intended to serve the general public and may be adjacent to,or provide connection to,large scale regional open space within the City's North Eagle Foothills Planning Area. Regional Open Space may include many of the amenities provided in SWA-1, Community Open Space as well as active regional parks,regional trail ROS corridors(such as the Big Gulch Regional Park,Trail and Open Space No Residential SWA-10 Density Corridor),and large natural areas planned for dedication as permanent natural open space as part of an Eagle Regional Park and Willow Creek Road Open Space Corridor. Regional Open Space may be owned and maintained by the City,the Spring Valley Community Association,a land trust or other conservation group or entity. SWA-2: SWA-2, ER Estate Residential:Single Family detached,2 units per gross acre, 0.65 units/acre; SWA-4 Minimum lots size.3 acre(13,068 sq.ft.) SWA-4: 1.38 units/acre Conununity Open Space:may include public,semi-public,and private recreational facilities,amphitheaters,golf courses,pathways and trails, landscape zones in and adjacent to major roadways including areas outside SWA-3, of a dedicated right-of-way,greenbelts,cultural,community,educational, SWA-5, COS and quasi-public facilities,equestrian centers and trailheads,as well as No Residential SWA-6 parks,playfields and natural open spaces. Agricultural uses,such as Density vineyards,wineries and plant nurseries,are considered Community Open Space. Facilities and tracts of land owned by the Spring Valley Community Association are also considered Community Open Space. SWA-7: SWA-7, 1.46 units/acre, SWA-8, SF-1 Single-Family Detached:Single Family detached,Up to 5 units per acre, SWA-8: SWA-9 Minimum lot size 8,000 sq.ft. 1.75 units/acre, SWA-9: 2.06 units/acre Page 27 of 39 KA\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc PUMP No.1 ECC 11A-2: Planning Area Land Use Description Max.Density per District PUMP Regional Open Space:Regional Open Space is intended to serve the general public and may be adjacent to,or provide connection to,large scale regional open space within the City's North Eagle Foothills Planning Area. Regional Open Space may include many of the amenities provided in Community Open Space as well as active regional parks, SWA-1,SWA-10 ROS regional trail corridors(such as the Big Gulch Regional No Residential Park,Trail and Open Space Corridor),and large natural Density areas planned for dedication as permanent natural open space as part of an Eagle Regional Park and Willow Creek Road Open Space Corridor. Regional Open Space may be owned and maintained by the City,the Spring Valley Community Association,a land trust or other conservation group or entity. SWA-2:0.65 SWA-2(a&b), ER Estate Residential:Single Family detached,2 units per units/acre; SWA-4 gross acre,Minimum lots size.3 acre (13,068 sq ft) SWA-4:1.38 units/ acre Community Open Space:may include public,semi-public, and private recreational facilities,amphitheaters,golf courses,pathways and trails,landscape zones in and adjacent to major roadways including areas outside of a dedicated right-of-way,greenbelts,cultural,community, SWA-3,SWA-5, COS educational,and quasi-public facilities,equestrian centers No Residential SWA-6 and trailheads,as well as parks,playfields and natural open Density spaces. Agricultural uses,such as vineyards,wineries and plant nurseries,are considered Community Open Space. Facilities and tracts of land owned by the Spring Valley Community Association are also considered Community Open Space. • The applicant's narrative does not identify any parks, trails or open space facilities for operation, maintenance, or dedication to the City of Eagle. The narrative does identify a E- mile"Regional Open Space"along Willow Creek. According to the Spring Valley 5 Development agreement regional open space is defined as being"used by the general public." The Applicant should address how the access to the general public will be maintained over the life of the project prior to the submittal of a final plat within PUMP No.1. • Pursuant to ECC 11A-7C-10b the applicant should provide: 10 "A tabulation of Open Space acreage by Regional Open Space, Community Open Space (including Open Space within neighborhoods or parcels)and other Open Space(including on- lot Open Space)including cumulative totals in connection with previous PUMPs." In staff's review the following concerns have been found: • The applicant's narrative addresses that each neighborhood shall have access to 15 regional and community trails within the project. PUMP No.1 Parks,Trail and Open Space Plan only identifies Regional Trails but pursuant to ECC 11A-7C- 10(e)the PUMP shall include the"Location of regional and community pathway and trail facilities,including typical pathway and trail cross-sections, materials and trail signage."The applicant should be required to update the PUMP No.1 20 Parks,Trail and Open Space Plan to identify trails and the trail cross section consistent with ECC 11A-7C-10(e) as well as be required to demonstrate at the time of preliminary plat how each sub planning area, specifically SWA-2& SWA-4,have access to the regional or community trail system. Page 28 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc • The applicant's narrative (pg. 7) details that the community park located in SWA- 6 will include: "a regional trailhead for pedestrians and cyclists with parking for 25 cars. This community park exceeds the area of a planned neighborhood 5 park...as shown on DA Exhibit I and replaces the equestrian facility." When the development agreement modification was heard before the City Council the concern about the removal of equestrian facilities was raised as part of the hearing and this trailhead was cited as a location for equestrian users to gain access to the regional BLM trails. In the applicant's letter, date stamped by the City on March 10 19, 2014, the applicant states their agreement is to provide parking and access for five (5) trucks with trailers for equestrian users. Due to the proposed timing of construction the trailhead (with last final plat or prior to the issuance of the 196th building permit)the applicant proposes to grant to the City a temporary access and use easement for a temporary trailhead until the time the formal trailhead is 15 developed. The Parks and Pathways Development Commission should review the temporary access and use easement and provide recommendation to the City Council prior to approval of the first preliminary plat in PUMP No.1. The design of the facility should be reviewed by the Eagle Design Review Board and the Parks and Pathways Development Commission prior to City Council action on a 20 final plat,including the site. • The City's environmental consultant ECS reviewed the applicant's Habitat Mitigation Plan (HMP)in 2010 and on November 12, 2010,issued a letter of adequacy stating that the plan was sufficient"if all actions identified in the 2010, M3 Habitat Mitigation Plan will be implemented." The applicant,in association with PUMP No.1, submitted the Habitat 25 Monitoring Plan as required in the HMP. In the letter date stamped by the City on February 20, 2014, ECS states that the document as currently drafted is not sufficient and that additional work and submittals are required. The applicant has subsequently worked with ECS and ECS has provided a letter of recommendation,date stamped by the City on March 31, 2014. ECS has expressed concern regarding the structure of the habitat maintenance authority and that 30 No.1 should be conditioned consistent with this recommendation. • Consistent with the Spring Valley Development Agreement and ECC 11A the following future applications should be anticipated within Spring Valley PUMP No. 1: PUMP No.1 Sub-Planning Future Application Submittal Area SWA-1,SWA-5,SWA-6, SWA-7,SWA-8,SWA-9, Currently Part of PP-06-12 SWA-10 SWA-2 Part of PP-06-12 as a large lot. Will require re- platting in the future to create residential lots SWA-2b,SWA-3,SWA-4 Require a future Preliminary Plat Application Future Development Area Requires a new PUMP application Design Review and Zoning Certificate.Restricted Re-Use/Wastewater Land until WWTP is fully constructed and operational Application Site consistent with WWMP.Requires a future PUMP application Page 29 of 39 K:Wtanning Dept\Eagle Applications\M3 Spring Valley\ApplcationsWlanning Unit Master Plans\2012TU-O1-12TU-01-12 pzf.doc • On March 10, 2014, the City received a letter from Mr. Ken Hamilton, an adjoining property owner. • On April 23, 2014, from Doris Schirmer, an adjoining property owner. • Concerns were expressed to the City Council during the development agreement modification 5 hearings in 2013 and to the Eagle Sewer District at the time of Spring Valley's annexation into the district and the ESD's approval of the Wastewater Master Plan in 2014. Neither the City nor the ESD Board recommended relocation of the facility. Since the sewage treatment plant location is consistent with previous approvals by the City,is not under the jurisdiction of the City, and the location of said facility is a matter of engineered standards, staff does not 10 recommend a change of location at this time. • During the negotiations with the Developer on the DA amendment and drafting of Title 11A, City staff and legal counsel expressed their concerns to the Developer regarding the commitments within the DA, Title 11A, and several master plans concerning perpetual funding and ongoing operation and maintenance. Based on the language of the DA, Title 11A, 15 proposed master plans, and representation by the Developer, it is our understanding that the Spring Valley Community Association or another Owner's Association will be responsible for some or all of these development commitments through their respective condition,covenants, and restrictions ("CC&R's"). On April 23, 2014,the City received a memo from the City attorney addressing these issues (attached hereto). The applicant should be required to address 20 these concerns prior to the submittal of a final plat within PUMP No. 1. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff to date, staff recommends approval with the site specific conditions of approval and standard conditions of approval as provided within the staff report. 25 PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 19, 2014, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to the application was presented by 10 people expressing concerns 30 about the following: • Visibility, access, and traffic on State Highway 16. • Impacts on local roads. • Fire protection and emergency response. • Water and irrigation demands. 35 • Location of the wastewater treatment plant and the impact on neighbors • Consistency with the development agreement • Timing of the development. • Lack of an equestrian center and theme in the Southwest Planning Area 40 C. Oral testimony in favor of the application was presented by no one. COMMISSION DECISION: The Commission voted 4 to 0 (Smith absent) to recommend approval of PU-01-12 for a Planning Unit Master Plan for Spring Valley PUMP No.1 with the following staff recommended site specific conditions of approval and standard conditions of approval with strike through text to be deleted by the 45 Commission and underline text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: Page 30 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012WU-O1-12TU-01-12 pzfdoc 1. All PUMP No.1 Master plans, as approved or conditioned for approval, shall be used to evaluate and establish conditions of approval for any and all preliminary plat submittals within the Boundary of PUMP No. 1. 2. Comply with all requirements of the Ada County Highway District and the Idaho Transportation 5 Department. All Planning Unit Master Plan maps shall be updated consistent with ACHD & ITD approvals. 3. The applicant shall submit payment to the City for all outstanding fees (planning, engineering, and legal) incurred for reviewing this PUMP, prior to approval of a preliminary plat for the area contained within the PUMP. 10 4. No grading shall occur on the site, including the wastewater land application site, until the applicant has received approval from the City in accordance with the Spring Valley Grading and Hillside Development Standards. 5. Upon approval of Spring Valley PUMP No. 1 the buildable overall base project density is reduce from 3,008 to 2,794. 15 6. Upon approval of the Spring Valley PUMP No. 1, the project has consumed/allocated 249 of the 450 maximum units assigned to the planning area. The remaining development potential within the planning area is 201 units and will require allocation from the project's overall base density, bonus units pursuant to the development agreement, and/or transfer from another planning area within the project. 20 7. In accordance with the applicant's Water Facilities Plan PUMP No.1 Amendment, date stamped by the City on March 19, 2014, and the City Engineers letter dated April 15, 2014, PUMP No.1 is limited to 232 units until an updated Water Facilities Plan is submitted and approved by the City and DEQ. 8. Upon approval of Spring Valley PUMP No.1 the remaining "planned units" to be constructed 25 within the Southwest Planning Area, as described in Exhibit D4 of the Spring Valley Development Agreement, is 59 units unless additional density is allocated to the planning area from another portion of the development. 9. The maximum total residential units within PUMP No.1 as delineated by the subareas of the southwest planning area shall comply with PUMP No.1 Land Use Master Plan Exhibit 6.B date 30 stamped by the City on April 10, 2014. 10. Pursuant to the Spring Valley Development Agreement, at no time shall the overall development intensity in the SWPA exceed 450 units or 1.07 units per acre. 11. The development intensity in Spring Valley PUMP No.1 is 1.08 units per acre and exceeds the overall development intensity within the Southwest Planning Area. Future PUMP applications 35 within the Southwest Planning Area shall be averaged with Spring Valley PUMP No.1 to ensure the overall development intensity does not exceed 1.07 dwelling units per acre. 12. Bonus residential units equaling 36 units were granted in accordance with the provisions of paragraph 1.4 of the Spring Valley Development Agreement for the provision of open space in excess of 20% (19.6 acres of Regional Open Space and 32.2 acres of Community Open Space). If, 40 at the time of preliminary plat approval by the Planning and Zoning Commission, the regional and community open space does not meet or exceed these thresholds the overall developable residential units shall be decreased proportionally consistent with the Spring Valley Development Agreement. 13. In accordance with ECC 11A-7-4(C)-(2) the applicant shall update the December 2012, economic 45 analysis with any PUMP or plat application that results in a substantial change to the land uses and maximum densities expressed in Exhibit D of the Spring Valley Development agreement. Page 31 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012WU-O1-12\PU-01-12 pzf.doc All land uses and lots shall comply with the following and shall be subject to ECC 11A-2 at the time of preliminary plat approval: PUMP No.1 ECC 11A-2: Max.Density Planning Land Use per Area District Description PUMP Regional Open Space:Regional Open Space is intended to serve the general public and may be adjacent to,or provide connection to,large scale regional open space within the City's North Eagle Foothills Planning Area. Regional Open Space may include many of the amenities provided in Community Open Space as well as active regional SWA-1, ROS parks,regional trail corridors(such as the Big Gulch Regional Park, No Residential SWA-10 Trail and Open Space Corridor),and large natural areas planned for Density dedication as permanent natural open space as part of an Eagle Regional Park and Willow Creek Road Open Space Corridor. Regional Open Space may be owned and maintained by the City,the Spring Valley Community Association,a land trust or other conservation group or entity. SWA-2: SWA-2, Estate Residential:Single Family detached,2 units SWA-4 ER per gross acre, 0.65 units/acre; Minimum lots size.3 acre(13,068 sq.ft.) SWA-4: 1.38 units/acre Community Open Space:may include public,semi-public,and private recreational facilities,amphitheaters,golf courses,pathways and trails, landscape zones in and adjacent to major roadways including areas SWA-3, outside of a dedicated right-of-way,greenbelts,cultural,community, SWA-5, COS educational,and quasi-public facilities,equestrian centers and No Residential SWA-6 trailheads,as well as parks,playfields and natural open spaces. Density Agricultural uses,such as vineyards,wineries and plant nurseries,are considered Community Open Space. Facilities and tracts of land owned by the Spring Valley Community Association are also considered Community Open Space. SWA-7: SWA-7, 1.46 units/acre, SWA-8, SF-1 Single-Family Detached:Single Family detached,Up to 5 units per SWA-8: SWA-9 acre,Minimum lot size 8,000 sq.ft. 1.75 units/acre, SWA-9: 2.06 units/acre 5 14. Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide written approval from Tesoro Pipeline for the regional trail and roadway crossing located within 10 the Tesoro Pipeline Easement. 15. Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide written approval from Farmer's Union Canal for the regional trail and roadway crossings of the canal facilities. 16. Big Gulch Parkway has been identified as a formal collector and shall be developed, landscaped 15 and maintained as a collector consistent with PUMP No.1 Landscape Plan-Streetscapes (Exhibit 4.B.b)date stamped by the City on April 10, 2014. 17. The applicant shall provide an ingress/egress easement for Ada County Parcel Numbers S0328449400 and S032844910 and specifically address the impact of said easements within the areas identified on the "native undisturbed open space" within SWA-3 to be approved by the City 20 prior to submittal of the first final plat application within PUMP No. 1. All changes in access shall Page 32 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc be reflected on PUMP No.1 Streets and Circulation Master Plan. 18. The applicant shall comply with all conditions contained in the City Engineer's letter dated April 15, 2014,regarding the Water Facility Plan PUMP#1 Amendment. 19. The applicant shall comply with all conditions contained in the City Engineer's letter dated April 5 22, 2014,regarding PUMP No. 1 submittals. 20. Consistent with applicant's Water Facility Plan PUMP No.1 Amendment, no municipal water shall be used on the wastewater land application site identified on the PUMP No. 1 Land Use Master Plan date stamped by the City on April 10, 2014. 21. Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall submit for 10 City approval of an Irrigation Master Plan consistent with the Water Facility Plan PUMP No.1 Amendment, date stamped by the City on March 19, 2014. The Irrigation Master Plan shall include the specific strategy for switching to effluent reuse and how it interacts with irrigation using municipal water, surface water, irrigation groundwater and irrigation ponds. 22. The applicant shall provide a revised PUMP Land Use Master Plan showing the location of both 15 (2) well sites for the municipal water system, including the well site located in SWA-4. 23. The applicant shall identify a minimum two (2) well easements consistent with DEQ requirements, including ingress and egress easements, to be dedicated to the City of Eagle prior to the submittal of the first final plat application with PUMP No.1. 24. In addition to all other uses (storm drainage, reuse, irrigation, etc.), the ponds within SWA-6 shall 20 be sized to accommodate the necessary flushing of the municipal water system and shall be constructed as part of the first final plat within PUMP No. 1. All pond sizing calculations shall be approved by the City of Eagle prior to the first final plat approval. The Applicant shall provide the City easements for the use and access to the ponds associated with the municipal water system. The specific wording of the easements shall be reviewed and approved by the City Engineer and 25 City Attorney prior to approval of the final plat. 25. Applicant shall revise all documents replacing the term "potable system" with "municipal" or "city" water system to provide clarity and consistency with the approved Development Agreement prior to submittal of the first final plat within PUMP No.1. 26. The applicant shall update "Spring Valley PUMP No.1 Exhibit 6.0 Existing Topographic 30 Conditions" to include the wastewater land application site located within the future development area prior to submittal of a grading permit, zoning permit or final plat within PUMP No.1, whichever occurs first. 27. The applicant shall amend the Wastewater Facility Plan and the Technical Report for a Permit to Apply Recycled Water to reflect that supplemental irrigation water will not be utilized at the land 35 application site. The applicant shall obtain approval of the amended reports by DEQ,Eagle Sewer District, and Central District Health prior to submittal of a final plat application within PUMP No. 1. 28. The applicant shall provide evidence that Spring Valley has contracted with a licensed operator for the wastewater transmission and land application prior to the submittal of a final plat application 40 within PUMP No.1. 29. The applicant shall obtain design review approval for the berming, buffering, and fencing of the reuse/land application site as well as a grading permit and a zoning permit prior to the construction/use of the wastewater land application site. 30. The applicant shall provide to the HOA, any necessary entity, and/or operator any access 45 easements to the reuse/land application site and sewer transmission lines prior to the City's Page 33 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc issuance of a zoning certificate for the land application site. 31. All development within Spring Valley PUMP No. 1 shall be reviewed and approved consistent with Eagle City Code Title 10: Floodways and the FEMA approved CLOMR. 32. The applicant shall enter into an agreement as contemplated under Section 2.2 of the Spring 5 Valley Development Agreement with the City for the supplemental water necessary from the Municipal Water System (Water Right No. 63-32573) for irrigation prior to submittal of the first final plat application within PUMP No.1. 33. The applicant shall be required to 1)relocate the ingress/egress easement located north of the Farmers Union Canal outside of SWA-3 or update the PUMP No.1 Landscape Plan to identify the 10 area as roadway and not open space, and 2)place a deed restriction and/or plat note that SWA-3, portions of SWA-5 and SWA-7 are native and undisturbed areas and there shall be no irrigation of these areas. 34. Pursuant to the Spring Valley Development Agreement provide the City a letter of approval from the Star Fire District for PUMP No. 1 stating the District's approval of the Wildfire Management 15 Plan and PUMP No. 1 consistent with the plan. 35. The minimum open space within any PUMP submitted within the planning area of PU-01-12 shall be 15% of the developable area of the PUMP. The overall accumulative open space within the plats comprising the developable portion PUMP No. 1 (excluding future development areas and Re-use/land application site) shall equal 98.2 acres or 42.3% of the PUMP Area. 20 36. The accumulative open space minimum within the Southwest Planning Area shall be 25% of the gross planning area. 37. The open space, both amount and type, within PUMP No.1 and the subareas of the Southwest Planning Area shall comply with the minimums shown on PUMP No. 1 Parks Trails and Open Space Plan (Exhibit 6.J), date stamped by the City on April 10, 2014. 25 38. Prior to the submittal of the first final plat application within the planning area of PUMP No. 1,the applicant shall identify and the mechanism for permanent public access and use of the Regional Open Space and Trails within PUMP No.1. This mechanism shall be reviewed by the City of Eagle Parks And Pathways Development Commission for recommendation prior to City Council action on a final plat including the site. Such easements and/or assurance shall be noted on all 30 plats. Specific wording of the easements shall be reviewed by the City Engineer and the City Attorney prior to approval of the final plat. 39. The applicant shall provide 19.6 acres of regional open space and 69 acres of community open space within PUMP No. 1, to be reviewed and tracked at the time of preliminary plat approval consistent with PUMP No.1 Parks Trails and Open Space Plan (Exhibit 6.J), date stamped by the 35 City on April 10, 2014. 40. At the time of preliminary plat approval the applicant shall demonstrate how each neighborhood has access to the regional and community trail system within the project and pedestrian access to community amenities and public lands. 41. PUMP No.1 shall include a minimum of a five (5) acre community park site that shall include 40 recreational building, swimming pool, sports courts, children's play structure, picnic area, and open turf area consistent with PUMP No.1-Community Park Concept Plan (Exhibit 6L), date stamped by the City on December 20, 2012. 42. The applicant has provided the following timeline for the construction of the community park and open space facilities. The timing and phasing of construction of the open space shown in PUMP 45 No.1-Parks Trail and Open Space Plan (Exhibit 6.J), date stamped by the City on April 10, 2014, shall be as follow: Page 34 of 39 K:\Planning Dept\Eagle Appllcations\M3 Spring Valley\Applcations\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc Spring Valley PUMP No.1:Open Space Construction Schedule All Neighborhood and Community Open Space will be developed at the time of the first final plat approval in the subarea with the following exceptions: SWA-1 ROS 23.1 acres With first Final Plat in PUMP No.1 SWA-2 COS @ SH16 1.7 acres With first Final Plat in PUMP No.1 SWA-3 COS 11.4 acres With first Final Plat in SWA-2 or SWA-4 SWA-5 COS 13 acres Shall be constructed with the construction of the WWTP SWA-6 Phase 1-public access easement and parking at the trail head at the time of 1st final plat in PUMP No.1 COS 16 acres Phase 2-Park,Community Center,pool,and formalized trailhead facilities shall be constructed with the last final plat in PUMP No.1 or prior to the issuance of the 196th building permit in PUMP No.1, whichever occurs first. SWA-10 ROS 1.8 acres With the first final plat in SWA-9 43. Within SWA-6,the applicant shall provide a regional trail head with parking for 25 cars (including 5 parking spaces that are accessible for trucks and trailers for equestrian users) and trail access to the existing trail on the BLM property. A public access easement to the trailhead location and a 5 temporary access and parking easement at the trail head shall be provided with the first final plat within PUMP No.1. The specific wording of the easements shall be reviewed by the City Engineer and the City Attorney prior to approval of the final plat. The final design for the trail head shall be reviewed by the Eagle Design Review Board and the Eagle Parks and Pathways Development Commission prior to approval by the Eagle City Council in conjunction with the submittal of the 10 last final plat within PUMP No.1 or the issuance of the 196th building permit within PUMP No.1, whichever occurs first. 44. At the time of preliminary plat submittal for any plat within the boundary of PUMP No. 1, the applicant shall demonstrate how the plat achieves or will contribute to the overall achievement of 38.1% of the PUMP being dedicated for regional and community open space purposes (19.6 acres 15 of Regional Open Space and 69 acres of community open space). A preliminary plat shall not be approved if the applicant cannot sufficiently demonstrate compliance. 45. At the time of preliminary plat the following thresholds for residential lots abutting open space shall be meet or exceeded the following: PUMP Planning Area Units 1 SWA-7 60 1 SWA-8 64 1 SWA-9 49-40 Sub-Total Units 173 Sub-Total Percent within PUMP No.1 91.1% Page 35 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pzf.doc 46. The applicant shall submit a Design Review application prior to submittal of a final plat application consistent with ECC 11A-3 for all signage, landscape, and common areas identified in the signage,landscape, and parks,trail and open space planning unit master plan and ECC 11A-7. 47. The applicant shall submit a Design Review application prior to final platting of the areas 5 containing the facility for all public facilities (water pump houses, sewage treatment plant, etc.) associated with PUMP No. 1. Specific attention shall be paid to the design and visual aesthetics of the on-site sewage storage ponds with an effort to avoid the conventional rectangular appearance of the ponds. 48. At the time of preliminary plat application the applicant shall show that the plat is consistent with 10 Habitat Mitigation Plan and the Planning Unit Master Plan No.1 —Habitat Mitigation Plan Exhibit 4.B.d, specifically with regard to the number of acres and types of open space. 49. The applicant shall comply with the requirements of the Habitat Review Letter, date stamped by the City on March 31, 2014, from Environmental Conservation Services, Inc. (ECS Inc.). Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide CC&R's 15 for the City's review and approval that establishes Spring Valley Open Space Association, separate from the Spring Valley Owners Association. 50. The applicant shall comply with the requirements of the Habitat Review Letter, date stamped by the City on March 31, 2014, from Environmental Conservation Services, Inc. (ECS Inc.). Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide CC&R's 20 for the City's review and approval that addresses an adaptive management plan,perpetual funding, and an oversight mechanism for the habitat areas as well as enforcement and assessment authority in the event the property owners fails to fund its proportionate share of the costs. 51. The applicant shall be required to submit an updated PUMP No.1 landscape-Streetscape Plan and Habitat Mitigation Plan either re-designating areas within SWA-3, SWA-5, and SWA-7 as 25 "upland re-vegetated" areas or provide at the time of final plat submittal to place a deed restriction and/or plat note on the "Native/Undisturbed" areas within SWA-3, SWA-5, and SWA-7 prior to the submittal of a final plat application. The restriction shall state identifying that these areas are to be managed and maintained as native and undisturbed areas and there shall be no alterations and of modifications to these areas including but not limited to grading, drainage, landscaping or 30 conventional maintenance. The specific wording shall be reviewed by the City Engineer and the City Attorney prior to approval of the final plat. 52. The applicant shall comply with all conditions contained in the City Attorney's Memo dated April 23, 2014 regarding CC&R's, financial assurances, and annual reporting prior to the submittal of a final plat. 35 STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of public rights-of-way, the drainage system, curbs, gutters, streets and sidewalks. 2. Approval of a Planning Unit Master Plan (PUMP) shall not construe to endorse a precise location 40 of uses or configuration of parcels. 3. All conditions of a PUMP approval established by the City Council shall be reviewed and completed prior to or in conjunction with a preliminary plat and/or final plat approval, which ever shall apply, for any portion of the Spring Valley PUMP No.1. 4. The approval of a PUMP does not provide or constitute approvals to construct or develop the site. 45 5. All development, platting and construction shall be reviewed and found to conform to Eagle City Code Title 11-Planned Developments Section A: Spring Valley. Page 36 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-O1-12WU-01-12 pzf.doc 6. Super pads/large parcels/future development parcels are not considered buildable lots until specific plans are provided through the Planning Unit Master Plan Approval process of ECC Title 11A-7 and re-platted and reviewed for compliance with ECC Title 11A-3. 7. The applicant shall obtain approval of the development relative to its effects on wetlands or other 5 natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 8. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be 10 complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 9. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the 15 planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 10. The City's actions on the application does not grant the applicant any appropriation of water or 20 interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, Thursday, December 6, 2012, in compliance with the application submittal requirement of Eagle City Code. The applications for 25 this item were received by the City of Eagle on December 20, 2012. Subsequent updates were made on January 20, 2013, and on October 14, 2014. Final edits to the application were provided to the City on January 16, 2014, March 18, 2014, and April 10, 2014, to make the application consistent with the requirements of ECC 11A-7 as approved by the Eagle City Council on January 14, 2014(Ord. 710). 30 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 28, 2014. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 28, 2014. Requests for agencies' 35 reviews were transmitted on January 17, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on April 30, 2014. 3. The Commission reviewed the particular facts and circumstances of this proposed planning unit master plan (PU-01-12) with regard to Eagle City Code Section 11A-7-5A "Action by the Planning and Zoning Commission", and based upon the information provided concludes that the 40 proposed planning unit master plan is in accordance with the following: a. The requested planning unit master plan is in compliance with Eagle City Code Section 1 1A- 7: Planning Unit Master Plans; b. The facts submitted with the application and presented to the Planning and Zoning Commission establish that: Page 37 of 39 K:\Planning Dept\Eagle Applications\M3 Spring Valley\Appllcations\Planning Unit Master Plans\2012\PU-O1-12\PU-01-12 pzfdoc i. The proposed PUMP, as conditioned herein, conforms to the Spring Valley Development agreement; exhibit D-4 of the Spring Valley Development Agreement and the following master plans: Land Use Master Plan date stamped by the City on April 10, 2014, the Potable Water Master Plan, date stamped by the City on March 19, 2014, 5 Wastewater Master Plan, date stamped by the City on April 10, 2014, Drainage Master Plan as approved by FEMA on November 18, 2014, the Parks, Trails and Open Space Master Plan date stamped by the City on April 10, 2014, Environmental Design Master Plan, date stamped by the City on November 13, 2013. ii. The streets and thoroughfares as proposed for Spring Valley PUMP No. 1 are suitable 10 and adequate to carry anticipated traffic, and increased densities, if any, will not generate traffic in such amounts as to overload the street network as evidenced by the Ada County Highway District approval of PU-01-12 on April 23, 2014, and by the Idaho Transportation Department letter of approval, date stamped by the City on June 27, 2013, and March 19, 2014. 15 iii. The Proposed residential uses are consistent with the M3/Spring Valley Development in location and density. No non-residential use are proposed within PUMP No. 1. iv. The information provided from the agencies having jurisdiction over public facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed within the PUMP area. The Planning Unit 20 Master Plan will be served, or is conditioned to be served,by adequate public facilities. c. Spring Valley Planning Unit No. 1 is summarized as follows: Total Planning Unit Acres: 722.4 acres Developable: 232 acres in Southwest Planning Area(SWPA) Future Development: 400 acres 25 Reuse/Wastewater Land Application: 90.4 acres The following calculations are based on the buildable portion of PUMP No. 1 (232 acres): Residential Units in PUMP No. 1: 249 units 30 PUMP Density: 1.07 units per acre Remaining units in SWPA: 201 units Max. Density SWPA: 1.07 units per acre Units from Base Project Density: 213.3 units Bonus Units Earned: 35.7 units 35 Base Density Units remaining in Spring Valley: 2,794.7 units Open Space: 98.2 acres Regional Open Space: 19.6 acres 40 Community Open Space: 69 acres Collectors,Arterial and Buffers: 9.6 acres % of Developable Acres: 42.3% Minimum Open Space: 20% (46.4 acres) 45 DATED this the 2nd day of June, 2014. Page 38 of 39 K:\Planning Dept\Gagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-O1-12\PU-01-12 pzf.doc PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada C nty, Idaho 5 (R — Ile Don Roehling, Commissioner ��•OF 'EAC� .•. ,(it 4Q R A 7'F•• s 10 ATTEST: : O z Ei IU • •• - P" Sharon K. Bergmann,Eagle City C erk •b;tuarag'. Q'4`.•. 15 4,-��•ITE OF Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 39 of 39 K.\Planning Dept\Eagle Applications\M3 Spring Valley\Applications\Planning Unit Master Plans\2012\PU-01-12\PU-01-12 pztldoc