Findings - CC - 2014 - PU-01-12 - Spring Valley #1/Planning Unit Master Plan/722.4 Acre/ BEFORE THE EAGLE CITY COUNCIL
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 City Council for their
action on August 26, 2014, at which time public testimony was taken and the public hearing was closed.
The Eagle City Council, having heard and taken oral and written testimony, and having duly considered
15 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
Phase No. 1 Planning Unit Master Plan, a 722.4-acre (232 to be developed, 400-acres of
20 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
Spring Valley Development Agreement. The 722.4-acre site is generally located on the
25 east side of State Highway 16 at Equest Lane (approximately 1 mile north of Beacon
Light Road).
B. APPLICATION SUBMITTAL:
The application was originally submitted on December 20, 2012. Subsequent updates
30 were made on January 20, 2013, and on October 14, 2013. 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 mailed to property owners within three-hundred feet (300-feet) of the subject
40 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
was posted on April 30, 2014, in accordance with Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
45 accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on July 21, 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 July 15, 2014.
The site was posted in accordance with Eagle City code on July 29, 2014.
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D. HISTORY OF PREVIOUS ACTIONS:
The M3 Pre-Annexation Development Agreement (RZ-19-06), adopted by the City in
November 2007, (herein referred as"PADA")
The Eagle City Council approved RZ-19-06 MOD1: M3 Hillside and Grading Standards
5 on November 24, 2009.
M3 received a Conditional Letter of Map Revision (CLOMR) from FEMA on February
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
10 January 11, 2011.
The Eagle City Council approved an amended and restated development agreement for
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 —
15 Planned Developments, Chapter A—Spring Valley.
E. COMPANION APPLICATIONS:
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
20 Agreement.
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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
Residential
(ECC 11A-2) (Rural Preservation
North of site -Ada County)
of site BLM/City PS(Public/Semi-
South Vacant 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
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H. GENERAL PUMP DATA/DESIGN:
Total Acres: 722.4 acres
Developable: 232 acres in Southwest Planning Area
(SWPA)
5 Future Development: 400 acres
Reuse/Wastewater Land Application: 90.4 acres
All calculations below are based on buildable portion of the PUMP: 232 Acres
Residential Units in PUMP No.!: 249 units
10 PUMP Density: 1.07 units per acre
Remaining units in SWPA: 201 units
Max. Density SWPA: 1.07 units per acre
Open Space: 98.2 acres
15 Regional Open Space: 19.6 acres
Community Open Space: 69 acres
Collectors, Arterial and Buffers:9.6 acres
% of Developable Acres: 42.3%
Minimum Open Space: 20% (46.4 acres)
20
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.
Lots less than 5,000 sq. ft. No lots less than 5,000 sq. ft.
25
Constrained Acres (pre-mitigation): 207.11 acres(89.3% of site)
Floodway: 47.61 acres
Slopes>25%: 1.5 acres
Habitat Areas of Special Concerns: 158 acres
30
Constrained Acres(post-mitigation): 61.36 acres (26.5% of the site)
Floodway: 13.46 acres
Slopes>25%: .9 acres
Habitat Areas of Special Concerns): 47 acres
35
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
herein by reference.
40 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
No.1, Land Use Plan - Exhibit 6.B date stamped April 10, 2014.
45 K. STREETS AND CIRCULATION MASTER PLAN:
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
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Circulation Plan - Exhibit 6.D date stamped April 10, 2014.
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
5 City on January 16, 2014, updated on March 19, 2014, by JUB Engineers. The applicant's Spring
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
10 Master Plan is addressed in the applicant's narrative received and date stamped by the City on
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.
15 N. DRAINAGE MASTER PLAN:
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.
20 O. PRESSURIZED IRRIGATION MASTER PLAN:
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
25 received on and date stamped by the City on March 19, 2014. The applicant is requesting an
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
30 Facilities Master Plan is addressed in the applicant's narrative received and date stamped by the
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
35 Unit Master Plan No.1, Parks, Trails, and Open Space Plan - Exhibit 6.J date stamped January 16,
2014, and updated in April 10, 2014.
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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
stamped by the City on April 10, 2014, a Habitat Mitigation Plan (Exhibit 4.B.d) date stamped by
5 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 Use section of the applicant's narrative date stamped by the City on January 16, 2014, and
10 updated on April 10, 2014(incorporated herein by reference).
T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is on file with the City of Eagle.
Comments which appear to be of special concern are noted below:
ACRD- Staff report dated April 15, 2014.
15 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
2, 2014.
20 Eagle Sewer District- Letter date stamped by the City on February 3, 2014, and March 21, 2014
Farmers Union Ditch Company— Le tter 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.
FEMA—Conditional Letter of Map Revision date stamped by the City on November 18, 2013.
25 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
Lane.
30 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 and August 22, 2014. Concerns
about the sewer treatment site, the loss of equestrian theme, and existing CC&R's for
35 Gulch Ranch Estates.
Steve Purvis — Date stamped by the City on August 19, 2014. Concerns about conditions of
approval, staff tracking, implementation and enforcement, CC&R's, timing of
improvements, provision of public services, schools, and financial assurances.
Mary Taylor — E-mail received by the City on August 26, 2014. Concerns about water
40 availability, sewage treatment location, Site distance on SH 16 at the proposed Big Gulch
Parkway.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
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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. I)the development of PUMP No. 1 is proposed to begin in 2014.
W. REQUIRED FINDINGS FOR A PLANNING UNIT MASTER PLAN:
5 1 IA-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:
i. The PUMP substantially conforms with: the PADA and subsequent
10 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
anticipated traffic, and increased densities, if any, will not generate traffic is
15 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
facilities needed for the site indicate that adequate public facilities exist,or
20 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,
Community Centers, Neighborhood Centers, re-assignment of densities, and
25 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:
See the Eagle Foothills Subarea Plan and the Findings of Fact and Concisions of Law for RZ-19-
30 06, including MOD I and MOD 2. These documents are incorporated herein by reference.
B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
35 1.2 Planned Development;
2°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
Agreement and/or Title 11A. Development of the Property may include, without limitation,the
40 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
administratively-processing the approval or issuance of such permits, plans, specifications, plats
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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.
1.4 Planning Concept;
5 2' 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, 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,
10 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 l.
Bonus Density is achieved at the time of City's approval of any PUMP as follows:
15 • 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.
• I 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
minimum requirement not to exceed 1,250 units.
20 • 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
in Section 2.6(f) herein.
25
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.
30 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 corridors; (iv)a balance of commercial,employment and residential uses to
35 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 than 5,000 square feet, and 50%of all single-family detached lots less than
40 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
Exhibit(s) D, D1, D2, D3, D4 and D5 and the Conceptual Development Plan set forth in
45 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
Unit Developer is proposing to subdivide. The Planning Unit Master Plan may address a portion
50 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
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filed with the Zoning Administrator for review as to completeness and compliance with the
application requirements of Title 1 1 A of Eagle City Code and this Agreement. Thereafter,the
Planning Unit Master Plan shall be reviewed by the Planning&Zoning Commission for
recommendation to City Council in accordance with the notice and hearing procedures of
5 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.
1.7 Allocation; Density:
10 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
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-
15 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 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
20 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; (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
25 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 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-
30 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 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.
35
2.1 Traffic and Circulation:
(a)Ada County Highway District; Idaho Transportation Department. Improvements to the
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
40 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,
within the Project.
45 (c)ACIID 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, Planning Unit Master Streets& Circulation Plans and the Phasing Plan and all planning
and study documents of ACRD.
50
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(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
proportional to the Project's impacts in accordance with the Master Streets&Circulation
Plan, Planning Unit Master Streets& Circulation Plans and Phasing Plan and all planning and
5 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
limitation, interchanges, roundabouts,traffic signals,turning lanes and frontage roads)
required to implement this Plan.
10
(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 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
15 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
& 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
20 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.
2.2 Water:
25 (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.
63-32573 (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,
30 storage, residential, commercial, industrial, and other municipal uses. The Municipal Water
Right requires ground water monitoring in accordance with its Attachment B, which is a
March 17, 2011 Technical Memorandum setting forth a water level/water production
monitoring and reporting plan (the "Monitoring Plan"). Developer has been implementing the
Monitoring Plan and is responsible for all costs of implementing the Monitoring Plan until a
35 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 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
40 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
other systems used for storage, delivery and the use of treated effluent on site,any water right
45 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) of this Agreement. Developer may provide additional water rights or entitlements for
50 use on the Project, through Developer's own system or otherwise, for irrigation, aesthetic,
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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. The method of providing water for irrigation uses shall be at the discretion,
5 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 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
10 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 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
15 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:
(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
20 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
sanitary sewer collection, treatment and disposal in connection with the Project.
25 (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
Wastewater Study provides general locations of the major wastewater infrastructure needed
to provide service for the Property.
30
2.4 Storm Water Drainage:
(a)Ada County Highway District: Post-development storm water management includes
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
35 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.
(b)Master Drainage Study; Master Drainage Plan: Developer shall complete the Master
40 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
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
45 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.
2.5 Public Facilities:
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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
I site (not to exceed 1 acre)for the construction of a police station in accordance with the
Master Parks,Trails and Public Facilities Plan, attached as Exhibit I,which defines a general
5 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
with the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which defines a
general location.
10
(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
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
15 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,
building proximity, driveway entrances, signs and light poles. Developer, in consultation
with the Fire Districts, has developed a wildfire management plan for implementation within
20 such Fire Districts. Unless otherwise agreed between Developer and Fire District, Developer
shall contribute I site(not to exceed I 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 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
25 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.
(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
30 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
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
35 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
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
40 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
the appropriate Planning Unit Master Plan.
45 (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 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
50 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,
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Developer shall have the right to incorporate the space necessary to accommodate these uses
into buildings built by Developer within the Property. It is planned that such site would be
located within the 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
5 Developer.
2.6 Parks,Trail and Open Space:
(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
10 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
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
15 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
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
20 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.
(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
25 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.
(f)Maintenance of Regional Open Space: Developer acknowledges the significance of the
30 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
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
35 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
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
40 funding mechanism is established by Developer in accordance with this Agreement.
2.7 Planning Unit Master Environmental Design Plan:.
(a) Landscape; Signage; Lighting: All development of the Property shall comply with the
landscape, signage and lighting standards of Eagle City Code Title 11A.
45
(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,
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,
50 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
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the Habitat Mitigation Plan, but approval authority for the application of the Habitat
Mitigation Plan shall rest solely with City based on standards commensurate with such
Habitat Mitigation 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
5 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 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
10 in accordance with Eagle City Code Title 11 A.
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
15 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
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 1 1 of Eagle City Code.
20
3.2 Amendments:
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
25 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
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
30 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.
C. PLANNED DEVELOPMENTS ORDINANCE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
35 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
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
40 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
Planning Area, or more than one Planning Area.
1 1A-7-2: PUMP COMPLIANCE WITH PADA:
45 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
approval(s)to construct or develop the site.
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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.
5 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 equitable interest in such property.
10
Documentation showing the approval by the Master Developer shall be presented at the time of
application submittal.
11A-7-4: PLANNING UNIT MASTER PLAN (PUMP)APPLICATION REQUIREMENTS
15
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 parcels; uses and density ranges for each parcel compared to the maximum
20 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.
25 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
purpose of this meeting is to discuss informally the proposed PUMP and to inform the
30 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 returned within fifteen (15)days. Such agencies may include the following:
35 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
4. Other agencies having an interest in the proposed subdivision.
40
C. A PUMP application shall include the following information, on forms or in a format deemed
appropriate by the Zoning Administrator:
2. Project Narrative
a) Name, address,phone number and email address of the applicant, engineer
45 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
description. If the PUMP application is submitted by an applicant other than the
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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.
5 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.
10 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
15 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.
20 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
25 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
30 PUMP application if a substantial 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
35 scale appropriate to the sheet and legible enough to read all details and containing the
following:
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,
40 address and phone number of the person(s)or firm(s)preparing the land use plan.
b) The name of the proposed Planning Unit.
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
45 parcels may be identified on the land use plan.
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e) A summary table describing the land use, number of acres and/or units for each
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.
5 standard. This information could be shown on a separate exhibit.
h) Existing topographic characteristics showing slopes over 25% and the location
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.
10 5. Planning Unit Master Streets& Circulation Plan
a) A plan showing the arterial and collector roadway network.
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
15 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
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
20 volumes associated with previously approved PUMP(s). The narrative shall
include a description of the location of private roads and the number of
residential 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
25 application requires modifications to the existing Spring Valley Water Facility
Plan. If the municipal transmission potable water system complies with the
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
30 Planning Unit) municipal water mains(that is, not service lines), municipal wells,
pump stations, pressure reducing stations and storage facilities needed to serve
the Planning Unit.
c) A phasing plan for the construction of the necessary municipal transmission
potable water system.
35 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.
7. Planning Unit Master Wastewater Plan
a) A plan showing the location, size,type and capacity of the backbone wastewater
40 collection, transmission and treatment system components, including effluent
and/or re-use storage,transmission and/or disposal facilities needed to serve the
Planning Unit.
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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
5 of re-use goals and feasibility.
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
10 background information and/or calculations.
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;
15 and the regional design of storm water management systems that mitigate
flooding 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
20 with the Spring Valley Master Drainage Plan.
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
25 with the existing Spring Valley Master Pressurized Irrigation Plan, an update is
not 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.
30 c) A narrative or evidence showing how this component of the PUMP complies
with the Spring Valley Master Pressurized Irrigation Plan.
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
35 and facilities.
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.
40 1 1. Planning Unit Master Parks, Trails& Open Space Plan
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,
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natural open space, and other open space and recreation areas, including a
description of what amenities are provided.
b) A tabulation of Open Space acreage by Regional Open Space, Community Open
Space(including Open Space within neighborhoods or parcels)and other Open
5 Space(including on-lot Open Space) including cumulative totals in connection
with previous PUMPs.
c) Golf course locations.
d) Location of vineyards and other agricultural areas.
e) Location of regional and community pathway and trail facilities, including
10 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.
g) A phasing plan for the construction of the regional and community parks,trails
and Open Spaces within the Planning Unit.
15 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
maintenance of Regional Open Space.
j) A letter of recommendation from the Eagle Parks and Pathway Committee for all
20 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
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
25 Title 11 A 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 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
30 Community 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
Spring Valley Habitat Mitigation Plan.
35 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
may be identified on the land use plan.
40 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.
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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.
5 • 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
10 MOD1: 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
15 necessary grading associated with the reuse/wastewater land application. Th e 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
20 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:
SWPA-PUMP No.1
Base Density
PUMP Base
Density
Acres (acres x.5 units)
PUMP No.1 232 116
Bonus Density
Neighborhood Community
Units Units
Centers (acres x 10 units/acre) (acres x 2.5 units/acre)
Acres 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 Mm.x.5)
19.6 19.6 32.2 16.1
Funding of 10%of units Bonus Units
Open Space (base plus bonus)
0
Bonus Units Earned 35.7
PUMP Base Density 116
PUMP Planned Units 249
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Units needed to
achieve PUMP
density(planned units-
earned units) 97,3
Base Units
Remaining after
PUMP
(M3 base-(PUMP
base+extra units
needed) 2,794.7
• 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
5 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
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
10 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.
• The applicant has not provided the City a funding source for regional open space consistent
15 with paragraph 1.4 and 2.6(f) of the Spring Valley development agreement so no density
bonus was applied.
• According the Exhibit D.4, 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
but may also contain estate type equestrian lots on 1-2 acres and larger." The overall density
20 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.
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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
SWA-1, ROS regional parks,regional trail corridors(such as the Big Gulch Regional No Residential
SWA-10 Park,Trail and Open Space Corridor),and large natural areas planned Density
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, Estate Residential:Single Family detached,2 units per gross acre, 0.65 units/acre;
SWA- ER 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
SWA-3, including areas outside of a dedicated right-of-way,greenbelts,
SWA-5, COS cultural,community,educational,and quasi-public facilities, No Residential
SWA-6 equestrian centers and trailheads,as well as parks,playfields and Density
natural open 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.
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
5 Undistributed Open Space." Similarly,these areas are not included in the Water Facilities
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
undistributed" area identified in SWA-3. By definition, SWA-3 is to be left in a native
10 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
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.
15
• 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,
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
20 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
native and undisturbed areas and no alterations or modifications to this area should occur.
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• 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,on file with the City of
Eagle. The City contracted with Bootstrap Solutions,Dr. Richard Gardner,to review and
5 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 on file with the City of Eagle.
• As to the Spring Valley Development Agreement Section 2.1: Traffic and Circulation:
10 (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 Master Streets & Circulation Plans and the Phasing Plan and all planning and study
documents of ACHD. And;
15 (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 &
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
20 appropriate.
ACHD issued a draft staff report for application number PU-01-12, on April 15, 2014, on file
with the City of Eagle. The ACHD Commission heard the application on April 23, 2014,
consistent with the staff recommendation. The applicant should comply with the conditions of
approval from ACHD and should submit updated Planning Unit Master Plan maps consistent
25 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
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
30 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
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.
35 A letter date stamped on January 22, 2014, was received from Jerry Kiser representing the
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
40 provided the City a copy of a new agreement with the ditch company for crossing and work
within the ditch 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
45 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
conditions established in the City Engineer's letter on file with the City of Eagle.
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• 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.
5 • 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
10 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
15 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
20 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
25 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.
30 • 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.
• 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
35 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
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
40 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
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.
45 • 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
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
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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 Preliminary Engineering Report for review and approval prior to preparing and submitting
5 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
City on April 10, 2014, the applicant is requesting approval of 249 units. The applicant
10 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, on file with the City of Eagle. The applicant
should be required to comply with all floodway construction, development, and permitting
15 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
submitted with the first final plat application within PUMP No. 1 and be updated with each
20 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 submittal of a final plat application within PUMP No.1. The Irrigation Master Plan should
25 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.
• No public facilities are proposed in PUMP No.1 and the City has not received requests from
30 the affected agencies requesting mitigation as allowed pursuant to paragraph 2.5 of the Spring
Valley Development Agreement.
• 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
35 from the applicable fire districts. On November 20, 2012, the City received a letter of
approval from the Eagle Fire District (acting as a joint approval for Star Fire District) of the
Wildfire Management Plan (on file with the City of Eagle). 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
40 boundary of the Star Fire District. To date, the City has not received a letter of comment or
approval from the Star Fire District 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
45 recognizing the Wildfire management Plan and the District's ability to serve the project.
• 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
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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 91.1%
PUMP No.1
5 • 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
landscape islands. At the time of preliminary plat approval within PUMP No.1,the open
10 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
for the phased construction of open space and parks within the project. The phasing of the
15 construction of the open space shall be reviewed at the time of preliminary plat approval and
consistent with the table on the following page:
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 a,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 fmal 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
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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
SWA-1, provided in Community Open Space as well as active regional parks, No Residential
SWA-10 ROS regional trail corridors(such as the Big Gulch Regional Park,Trail and Density
Open Space 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
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 trailheads, No Residential
SWA-6 as well as parks,playfields and natural open spaces. Agricultural uses, Density
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-I 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
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PUMP No.I 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 puble 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
SWA-I,SWA- ROS regional parks,regional trail corridors(such as the Big No Residential Density
10 Gulch Regional Padc,Trail and Open Space 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-2:0.65
SWA-2(a&b), Estate Residential:Single Family detached,2 units per units/acre;
SWA-4 ER 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 Density
SWA-6 and trailheads,as well as parks,playfields and natural
open 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 6-
5 mile"Regional Open Space" along Willow Creek. According to the Spring Valley
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.
10 • Pursuant to ECC 11A-7C-10b the applicant should provide:
"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:
15 • The applicant's narrative addresses that each neighborhood shall have access to
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
20 and trail signage."The applicant should be required to update the PUMP No.1
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
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time of preliminary plat how each sub planning area, specifically SWA-2 &
SWA-4, have access to the regional or community trail system.
• The applicant's narrative (pg. 7) details that the community park located in
5 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 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
10 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 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
15 the issuance of the 196t1i 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 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
20 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 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
25 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
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
30 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 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:
35
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
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• Staff response to the written testimony received from Ken Hamilton on March 10, 2014 and
Doris Schirmer on April 23, 2014,
• Concerns were expressed to the City Council during the development agreement
modification hearings in 2013 and to the Eagle Sewer District at the time of Spring
5 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 recommend a change of location at this time.
10
• 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
15 11A, 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 on file with the City of Eagle.
20 The applicant should be required to address 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
25 conditions of approval and standard conditions of approval as provided within the staff report.
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.
30 B. Oral testimony in opposition to the application was presented by 10 people expressing concerns
about the following:
• Visibility, access, and traffic on State Highway 16.
• Impacts on local roads.
• Fire protection and emergency response.
35 • Water and irrigation demands.
• 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 ofPU-01-12 for a Planning Unit
Master Plan for Spring Valley PUMP No.1 with the site specific conditions of approval and standard
45 conditions of approval as provided in their findings of fact and conclusions of law document, dated
June 2, 2014.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council August 26, 2014, at which
time testimony was taken and the public hearing was closed. The Council made their decision at
that time.
5 B. Oral testimony in favor of this proposal was presented to the City Council solely by the
applicant/Representatives: Bill Brownlee, Mark Tate, and JoAnn Butler.
• Bill Brownlee testified that the staff has worked on this project and this PUMP
application by itself put in 347 hours since filed this application and when this application
was filed in October including the Title 11 and development standards there has been
10 over 1,650 hours put in by the staff alone.
• We've worked closely with the staff over 1600 hours in the last 18 months. It's a lot
of time. I appreciate it.
• We've been doing ongoing monitoring since the water right was approved three years
ago.
15 C. Oral Testimony neither in favor nor against was provided to the City Council by Jonathan Seel,
Janet Zandersmith,and Paul Hudson. Testimony included the following:
• The City Attorney's memo addressing the CC&R's and the funding of improvements.
• The need for an equestrian center to make the project successful.
• Number of parking stalls for trailers at the regional trail head.
20 • Alignment of Star and Eagle Fire Districts and clarification about who has jurisdiction
over the first phase of the project.
• Response from the Eagle Fire District was provided by Kurt McClenney and
Chief Winkle clarifying jurisdiction and the need for secondary access to the
project under the Eagle Fire District
25
D. Oral testimony in opposition to this proposal was presented to the City Council by Steve Purvis,
Logan Schirmer, Linda Hamilton, Kent Hamilton, Jaylene Groeninger, Doris Schirmer, Matt
Schirmer, Patricia Mickiewicz, Joan Mantel, Wayne Swanson, Teresa Johnson, Loren Macey,
Marc Radsman, Bob VanArnem, and Kathy Pennisi. Testimony included the following:
30 • The number of conditions on the PUMP are too many, issues should be resolved before
approval
• Confusion on the reuse water plan and application on the site for irrigation
• CC&R's and funding/financing of obligations of the home owners association for
ongoing operation and maintenance of open space
35 • The triggers for an update to the financial forecast update
• Location of wastewater treatment plant and its proximity to existing residential uses
• The access point onto SH16 at the blind curve
• The impacts of the development on Beacon Light Road
• Water availability and impact to existing wells in the area
40 • IDWR's approval of the water right and the potential need for mitigation if wells are
impacted
• Historical flooding in the area being developed
• Removal of private equestrian facility
• Limited fire access with a single access road from SH 16
45 • Confusion over which fire district has jurisdiction over the first phase of the development
versus the overall project area
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• Concerns about the previous wildfires in the areas and the potential in the future
• Concerns expressed about a development this size being a burden on the tax payers
within the City
• The location of trail heads and ensuring public access and parking within the project for
5 equestrian users
• Concerns about vision creep and the need to be diligent in requiring M3 to conform to the
development agreement
COUNCIL DELIBERATION:
10 Upon closing the public hearing, the Council discussed during deliberation that:
• Impacts of the recession since the initial entitlement in 2007
• The proposed PUMP is consistent with the development agreement and many of the
issues brought forward are not under the jurisdiction of the City or were addressed and
the time of the initial entitlement in 2007
15 • Secondary fire access and distance to emergency fire services. Discussion of which
district has jurisdiction
• Fire impact fees versus the provision of a fire station location and facility
• The overall development is huge and the applicant has chosen to develop in the City
versus the County. Large scale planned development will allow for the inclusion of large
20 areas of open spaces, trails, and equestrian facilities that are not possible in smaller
developments
• Desire for a site visit to provide the Council a"global perspective"of the site
COUNCIL DECISION:
25 The Council voted 4 to 0 to approve PU-01-12 for a Planning Unit Master Plan for Spring Valley
PUMP No.1 with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. All PUMP No.1 Master plans, as approved or conditioned for approval, shall be used to evaluate
30 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
Department. All Planning Unit Master Plan maps shall be updated consistent with ACHD & ITD
approvals.
35 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.
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
40 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.
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
45 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
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within the project.
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
5 and DEQ.
8. Upon approval of Spring Valley PUMP No.1 the remaining "planned units" to be constructed
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.
10 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
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.
15 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
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
20 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, 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
25 Agreement.
13. In accordance with ECC I IA-7-4(C)-(2)the applicant shall update the December 2012, economic
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.
All land uses and lots shall comply with the following and shall be subject to ECC I IA-2 at the
30 time of preliminary plat approval:
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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
SWA-1, ROS regional parks,regional trail corridors(such as the Big Gulch Regional No Residential
SWA-10 Park,Trail and Open Space Corridor),and large natural areas planned Density
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
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
SWA-3, including areas outside of a dedicated right-of-way,greenbelts,
SWA-5, COS cultural,community,educational,and quasi-public facilities, No Residential
SWA-6 equestrian centers and trailheads,as well as parks,playfields and Density
natural open 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.
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
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
the Tesoro Pipeline Easement.
5 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 (identified as a formal collector) shall be developed, landscaped and
maintained as a collector consistent with PUMP No.1 Landscape Plan-Streetscapes (Exhibit
10 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
prior to submittal of the first final plat application within PUMP No. 1. All changes in access
15 shall 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
22, 2014, regarding PUMP No. 1 submittals.
20 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.
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21. Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall submit for
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
5 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
(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
10 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
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
15 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 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
20 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
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.
25 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
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.
30 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 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
35 construction/use of the wastewater land application site.
30. The applicant shall provide to the HOA, any necessary entity, and/or operator any access
easements to the reuse/land application site and sewer transmission lines prior to the City's
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
40 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
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.
45 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
area as roadway and not open space, and 2)place a deed restriction and/or plat note that SWA-3,
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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
5 Plan and PUMP No. I 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.
10 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.
15 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
20 on all 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
25 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
30 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
35 No.1-Parks Trail and Open Space Plan (Exhibit 6.J), date stamped by the City on April 10, 2014,
shall be as follow:
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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
5 location and a 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
10 submittal of the last final plat within PUMP No.1 or the issuance of the 196tb 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 40
Sub-Total Units 173
Sub-Total Percent within 91.1%
PUMP No. 1
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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 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 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 conventional maintenance. The
30 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,
40 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
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
45 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.
5. All development, platting and construction shall be reviewed and found to conform to Eagle City
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Code Title 11 A- Planned Developments Section A: Spring Valley.
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.
5 7. The applicant shall obtain approval of the development relative to its effects on wetlands or other
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
10 Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be 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
15 approval of that application prior to commencing any change. Any change by the applicant in the
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.
20 10. The City's action on this application does not grant the applicant any appropriation of water or
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,
25 in compliance with the application submittal requirement of Eagle City Code. The applications
for 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, 2013. 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
30 January 14, 2014 (Ord. 710).
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
35 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 was posted in accordance with the Eagle City Code on April 30, 2014.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
40 July 21, 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 July 15, 2014. The site was posted in accordance with
Eagle City code on July 29,2014.
3. The City Council reviewed the particular facts and circumstances of this proposed planning unit
45 master plan (PU-Ol-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
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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 11A-
7: Planning Unit Master Plans
i. Pursuant to ECC 11A-7-5[B]-1 "Within forty five (45) days after receiving the
5 Planning and Zoning Commission's recommendation , the City Council may approve,
conditionally approve, or deny a PUMP," The Planning and Zoning Commission's
recommendation was issued on June 2, 2014, but due to notification issues pursuant to
ECC 11A-8-13-[E][3] the public hearing before the City Council was not held until
August 26, 2014;
10 b. The facts submitted with the application and presented to the City Council establish that:
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,
15 2014, 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
20 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.
25 iii. The Proposed residential uses are consistent with the M3/Spring Valley Development
Agreement 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
30 provided,to serve any and all uses allowed within the PUMP area.
c. Spring Valley Planning Unit No. 1 is summarized as follows:
Total Planning Unit Acres: 722.4 acres
Developable: 232 acres in the Southwest Planning Area
(SWPA)
35 Future Development: 400 acres
Reuse/Wastewater Land Application: 90.4 acres
The following calculations are based on the buildable portion of PUMP No. 1 (232
acres):
40 Residential Units in PUMP No. 1: 249 units
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
45 Bonus Units Earned: 35.7 units
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Base Density Units remaining in Spring Valley: 2,794.7 units
Open Space: 98.2 acres
5 Regional Open Space: 19.6 acres
Community Open Space: 69 acres
Collectors, Arterial and Buffers: 9.6 acres
% of Developable Acres: 42.3%
Minimum Open Space: 20%(46.4 acres)
10
DATED this the 14th day of October, 2014.
CITY COUNCIL
15 OF THE CITY OF EAGLE
Ada County, Idaho
1
20 i fr ,b , A�/t • •`�,�Pi.�..T E..��� ,,�•�
a mes D. Reynolds(Mayor 44.1 + .Ox
■
ATTEST: v v C, ink
25 , a— •
• r ' IrLeAl..e •,%...,g ;!•••S'tp'.....,,,,
Sharon K. Bergmann, Eagle Cit, Clerk �•�'"141.6"'...
30 Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code,to request a
regulatory taking analysis
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