Findings - CC - 2014 - PP-06-12 - Spring Valley Subd #1/217 Lot/346.77 Acre/Domestic Well/Waste/Water Treatme BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
SPRING VALLEY SUBDIVISION NO. 1 )
FOR M3 COMPANIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-06-12
The above-entitled Preliminary Plat 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 the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
M3 Companies, LLC, is requesting preliminary plat approval for Spring Valley
Subdivision No. 1, a 217-lot(190-buildable, 1-waste water treatment, 1-domestic well, 22-
common, and 3-future phase) residential subdivision. The 346.77-acre site is generally
located on the east side of State Highway 16 approximately 1,775-feet north of West
Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM,
December 6, 2012, 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, and revised applications were submitted on October 3, 2013, a revised preliminary
plat was submitted on April 10, 2014.
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 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 in
accordance with the Eagle City Code on May 8, 2014.
Notice of Public Hearing on the application for the City Council was published in
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 the Eagle City Code on July 29, 2014.
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. D. HISTORY OF PREVIOUS ACTIONS:
The City Council approved the M3 Pre-Annexation Development Agreement on November
2007 (RZ-19-06).
The City Council approved the M3 Hillside and Grading Standards on November 24, 2009
(RZ-19-06).
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 City Council approved the overall project-wide Habitat Mitigation Plan on January 11,
2011.
The City Council approved an amended and restated development agreement for M3/Spring
Valley on January 14, 2014 (RZ-19-06 MOD2).
The City Council approved the M3/Spring Valley Development Standards on January 14,
2014 and by the adoption of Ordinance 710, established Eagle City Code Title 11 —Planned
Developments,Chapter A—Spring Valley.
E. COMPANION APPLICATIONS:
PU-01-12—Spring Valley PUMP(Planned Unit Master Plan)No. 1
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Foothills Residential and R-1-DA(Residential up to Vacant Land
BLM Ownership one unit per acre with a
(Public/Semi-Public) development agreement)
Proposed No Change No Change Residential Subdivision
North of site Foothills Residential RR(Rural Residential—Ada Vacant Land
County designation)
South of site Foothills Residential, RUT and RR(Ada County Vacant Land and Public
City/BLM(Regional designations),R-1-DA Land(Bureau of Land
Park), and Floodway (Residential up to one unit Management)
per acre with a development
agreement)and PS
(Public/Semipublic)
East of site City/BLM (Regional PS (Public/Semipublic) Vacant Land and Public
Park) Land(Bureau of Land
Management)
West of site Foothills Residential and RUT and RR(Ada County Vacant Land and Single-
City of Star Area of designations) Family Residential(Kling
Impact Estate and Gulch Ranch
Estates Subdivisions)
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G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site—346.77-acres
Total Number of Lots—217
Residential— 190
Waste Water Treatment— 1
Domestic Well— 1
Common—22
Future Phase—3
Total Number of Units— 190
Single-family— 190
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre* .55-units per acre Less than 0.74-units per acre
Minimum Lot Size 9,090-square feet 8,000-square feet(SF1)
Single-Family Detached
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 63.97-acres (residential area) 27.17-acres (residential area)
Percent of Site as Common Area 35.32% 15%
* Note — The proposed dwelling units per acre are based on the residential units divided by the
total area being platted. Required dwelling units per acre are calculated based on the Southwestern
Residential Planning Area identified in the Amended and Restated Development Agreement (Ada
County Instrument#114006036)Condition of Development 1.4.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 11A-3-7(K) requires a transition zone or buffer area to screen
adjacent incompatible features such as highways, railroads, commercial or industrial uses
from proposed residential properties.
Open Space:
A total of 88.6-acres (26%) of recreational and community open space is proposed with
Spring Valley Subdivision No. 1. 15% minimum open space is required except that,
according to Eagle City Code Section 11A-13C-6 (B) the City may require additional
public and/or private park or open space facilities in PUDs or in subdivisions with 50 or
more lots.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 11A-13C-4 requires utility easements to be not less than 12 feet
wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Star Fire District.
On-site Septic System(yes or no)—Yes
Located on parcels containing existing residential dwellings. The applicant will be
required to abandon the existing septic systems.
Preservation of Existing Natural Features:
The applicant submitted a Habitat Mitigation Plan, date stamped by the City on April 10,
2014, and a Habitat Monitoring Plan,date stamped by the City on November 3, 2013.
Wildfire Mitigation Plan (WMP)
The Spring Valley Wildfire Mitigation Plan prepared in November 2012, will provide
requirements and guidelines for Spring Valley homowners through steps taken by the
Spring Valley Homeowners Association (HOA) and/or Master Developer (MD) to
mitigate or reduce the potential risk of wildfire and to improve the health and stability of
the surrounding vegetation and wildlife habitat.
Master Habitat Mitigation Plan
The Habitat Mitigation Plan (HMP) was prepared in November 2010, and will provide
long-term management goals, guidance, and implementation measures to address
development within Habitat Areas of Special Concern (HASC) within the M3 Eagle
property(Spring Valley).
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to construct public streets within the development. The public
streets to be constructed of eight(8)different street sections as identified below:
Big Gulch Parkway(collector roadway):
• A/PP-7: 60-foot wide street section (back of curb to back of curb), a 16-foot wide
center landscape islands, 5-foot wide detached sidewalk with an 8-foot planter
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. strip on the north side of the roadway, and a detached 8-foot "hard surface" trail
on the south side of the roadway.
• B/PP-7: 36-foot wide street section (back of curb to back of curb), 5-foot wide
attached sidewalk on the north side of the roadway, and an attached 8-foot wide
"hard surface"trail on the south side of the roadway.
• C/PP-7: 60-foot wide street section (back of curb to back of curb), a 16-foot wide
center landscape islands, 5-foot wide detached sidewalk on both sides of the
roadway with an 8-foot planter strip on the north side of the roadway.
Ahari Way, Ardi Ct./P1., Erreka Dr., Fiesta Ave., Haize Ave./Ct., Hegi Pl., and Latsa
Dr./PI./Way(local roadways):
• A/PP-10: 36-foot wide street section with 5-foot wide attached sidewalk on both
sides of the roadway.
Azeri Ave., and Hegi St.:
• A/PP-9: 54-foot wide street section, a 10-foot wide center landscape island, and
5-foot wide attached sidewalk on both sides of the roadway.
Aldean Way,Ibar Way, Kale Street, and an unnamed cul-de-sac:
• A/PP-8: 36-foot wide street section, 5-foot wide detached sidewalk and 8-foot
wide planter strips on both sides of the roadway.
Hilargi Ct:
• B/PP-10: 36-foot wide street section and 5-foot wide attached sidewalk on the
south side of the roadway only.
Azeri Ave(south side of Big Gulch Parkway):
• B/PP-9: 54-foot wide street section, 10-foot wide center landscape islands, and 5-
foot wide detached sidewalk and 8-foot wide planter strips on both sides of the
roadway.
Applicant's Justification for Private Streets (if proposed): None proposed
Cul-de-sac Design:
Eight(8)cul-de-sacs are proposed for this site:
• Ardi Ct.: 620-feet in length, 52-foot radius. 10-foot wide islands are proposed.
• Ardi Pl.: 375-feet in length, 52-foot radius. 10-foot wide islands are proposed.
• Haize Ct.: 1775-feet in length, 52-foot radius. 10-foot wide islands are proposed.
• Hegi Pl.: 670-feet in length, 52-foot radius. 10-foot wide islands are proposed.
• Hilargi Ct.: XX-feet in length, 52-foot radius. 10-foot wide islands are proposed.
• Latsa Ct.: 375-feet in length, 52-foot radius. 10-foot wide islands are proposed.
• Latsa Pl. / Latsa Way: 1340-feet in length, 52-foot radius. 10-foot wide islands are
proposed.
• "Unnamed" roadway: 345-feet in length, 52-foot radius, 10-foot wide islands are
proposed.
Two(2)knuckles are proposed for this site:
• Aran Dr./Aldean Way intersection: 50-foot radius. 10-foot wide islands are
proposed.
• Aran Dr./Ibar Way intersection: 50-foot radius. 10-foot wide is proposed.
Three(3)Bulb-outs are proposed for this site:
• Ahari Way: 52-foot radius. 10-foot wide islands are proposed.
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• Haize•Ave.: 52-foot radius. 10-foot wide islands are proposed. •
• Hilargi Ct.: 52-foot radius. 10-foot wide islands are proposed.
Sidewalks: (See comments under Public Streets above.)
Curbs and Gutters:
Vertical curbs and gutters, which meet Ada County Highway District standards, are
proposed for the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street names approved by the Ada County Street Name Committee are shown on the
attached correspondence from that committee.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under Public Streets above.)
The preliminary plat, date stamped by the City on April 10, 2014, shows soft and hard
surface trails varying in size from four feet to eight feet (4'-8') in width provided
throughout the common areas and the detached sidewalk system located adjacent to the
interior streets.
Bike Paths:
Eagle City Code Section 11A-13D-1-7 states that a bicycle pathway shall be provided in
all subdivisions as part of the public right-of-way, within Open Space or separate
easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED:
None are proposed, however the applicant will be required to create a public trail head
with parking for access to the adjacent BLM property.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — The applicant has submitted a Habitat
Mitigation Plan, date stamped by the City on April 10, 2014.
Evidence of Erosion—No
Fish Habitat—No
Floodplain—Yes —The applicant has an approved Conditional Letter of Map Revision (CLOMR)
and approved Floodplain Development Permit for work within the floodplain area.
Mature Trees—Yes—Located adjacent to the existing dwellings and adjacent to High Ridge Lane.
Riparian Vegetation—No
Steep Slopes—Yes—The site contains 1.5-acres of slope area that exceeds 25%
Stream/Creek—Yes—Big Gulch Channel and Farmer's Union Canal
Unique Animal Life—unknown
Unique Plant Life — Yes — See Habitat Mitigation Plan, date stamped by the City on April 10,
2014.
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Unstable Soils—unknown
Wildlife Habitat—Yes—See Habitat Mitigation Plan,date stamped by the City on April 10, 2014.
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant submitted a Habitat Mitigation Plan, which was subsequently reviewed on
behalf of the city by an environmental consultant (ECS) and a letter of adequacy stating
the plan was sufficient was provided. Upon review and approval by ECS the City Council
approved the Habitat Mitigation Plan. The applicant has also submitted the Habitat
Monitoring Plan and ECS has issued a letter of recommendation if approved (with
conditions)for the plan.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated April 30, 2014, are of special
concern(attached to the staff report).
City Attorney: All comments with the City Attorney's memorandum dated April 23, 2014, are of
special concern(attached to the staff report).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company(Jerry Kiser)
Idaho Transportation Department
Settler's Irrigation District
Tesoro Logistics
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Doris Schirmer, date stamped by the City on April 23, 2014,
indicating concerns with the proposed location of the wastewater treatment plant, the loss of the
equestrian theme, and the existing CC&R's associated with Gulch Ranch Estates (portions of
which are being re-platted with the new subdivision).
Correspondence received from Logan Schirmer, date stamped by the City on August 19, 2014,
indicating concerns with the proposed location of the wastewater treatment plant, site distance at
the intersection of the proposed Big Gulch Parkway and SH-16,personal wells running low on
water due to the M3 wells coming online, and the proposed parking area to be located at the
trailhead will not be able to accommodate equestrians with horse trailers.
Correspondence received from Steve Purvis, date stamped by the City on August 19, 2014,
indicating concerns about the number of conditions of approval being required, staff tracking of
the development, implementation and enforcement of the CC&Rs,timing of improvements,
provision of public services, schools, and financial assurances.
Correspondence(with exhibits) received from Ken and Linda Hamilton, date stamped by the City
on August 19, 2014, indicating concerns regarding the proposed location of the wastewater
treatment plant.
Correspondence(with exhibits) received from Doris Schirmer, date stamped by the City on August
19, 2014 and an additional correspondence,date stamped by the City on August 22, 2014.
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Email correspondence received from Mary Taylor dated August 26, 2014, indicating concerns
with water availability, location of the wastewater treatment plant, site distance on SH-16 at the
intersection of the proposed Big Gulch Parkway.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan designates this site as:
Foothills Residential
A unique combination of land uses within the Eagle Foothills that strives to balance
residential, non-residential, and open space (developed and natural) use to create unique
hamlets of development that place urban development within the natural environment without
overcrowding or significantly altering the natural features found on the site.
The overall density in the foothills should be approximately 1 unit per two acres. Residential
densities should be calculated to be commensurate with the existing land conditions.
Priorities for open space areas should be lands with slopes of 25% or greater and important
habitat areas. No residential density should be granted for areas located within the Floodway.
Units should be arranged in accordance with the transect plan as described in the Foothills
planning area.
6.8 Land Use Sub Area
The Comprehensive Plan designates this site to be located within the North Eagle Foothills
Planning Area.
B. PLANNED UNIT MASTER PLAN (PUMP) PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
• See Spring Valley PUMP(Planning Unit Master Plan)No. 1, staff report(PU-01-12).
C. PLANNED DEVELOPMENTS SECTION A: M3/SPRING VALLEY (EAGLE CITY CODE
TITLE 11) PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 11A-3-7: Landscape and Buffer Area Requirements:
A. Overview and Intent: The existing (non-developed) landscape character of Spring
Valley, and much of the North Eagle Foothills,is predominantly non-native grasslands
with some shrubs and agriculture and is quite different from the rest of Eagle and the
Boise River corridor which contain dense plantings and large buffer areas along
arterials and collector roadways, irrigated pastures, and riparian woodlands. The
intent of these standards is to provide a landscape character that is appropriate to the
foothills and balances aesthetics and livability with water demands and availability.
These standards promote water conservation through the use of treated effluent for
irrigation, efficient irrigation systems, and the use of native and other plants that
require little or no irrigation to survive. In addition, these Guidelines shall be used in
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•
conjunction with the Grading.Guidelines and Hillside Development Standards,
Habitat Mitigation Plan and Wildfire Management Plan.
The landscape concept for Spring Valley can be best described as a "Foothills
Landscape." This concept is based on the landscape of the northern Rocky Mountain
foothills and high-plains prairie. Foothills Landscape will be characterized by diverse
layers of both deciduous and evergreen shrubs and trees that will create interest
through its broad palette of indigenous material and other plants, including turf,
utilized throughout the region. This concept also takes advantage of soil and exposure
conditions to develop potential vineyard groves throughout the community with the
rolling foothills as the backdrop.
F. Irrigation Required: An underground automatic irrigation system is required for all
development as defined in Chapter 11A-3-1 of this Title except as described below.
1. All required landscaped areas must be provided with an automatic underground
irrigation system except upland re-vegetation areas that are intended to be
naturalized (consisting of plant species that indigenous to or compatible with the
area and do not require permanent irrigation). An above-ground system or hand
watering may be used on a temporary basis until such areas are established and
stabilized. Such areas are considered established and stabilized when a minimum
of seventy percent (70%) of the re-vegetated area can exist without such
supplemental watering.
2. The system shall be equipped with a reduced pressure backflow prevention
device.
8. Use of non-potable water(treated effluent or re-use water) for use in the irrigation
of lawn and plant material is required for public and common areas when
available. Such systems may be phased or transitioned from potable water as
treated effluent becomes available over time. Areas for transition shall be
identified on the irrigation plans. Such public and common areas include:
a. Landscape along arterial and collector roadways
b. Parks and sports fields
c. Golf courses
d. Community gardens
e. Lakes and ponds
f. Slopes
9. Reuse water may also be used for aquifer recharge and recovery subject to IDWR
approval.
10. The master developer shall install the re-use system that is separate from the
potable water system and meets all applicable state and local regulations. Stubs
shall be provided to individual parcels to allow parcel developers to tie into the
system as needed to irrigate common areas within the parcel. Such system may
initially be installed as a dry line system to provide future connection to the re-use
system when re-use water becomes available.
11. All non-potable water access points shall be clearly and permanently labeled with
markers indicating that the water is not safe for human consumption.
12. Maintain all irrigation systems to ensure proper operation and water conservation.
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K. Buffer Areas/Common Lots .
4. Major Roadways: Residential developments within Spring Valley, including, but
not limited to, subdivisions and multi-family developments, shall be buffered from
streets classified as collectors, arterials, and State Highways, as shown on Exhibit
4-A, or as determined by ACHD or ITD, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined
as a common lot located between the residential lots within the subdivision and
the right of way line of the adjacent roadway. This buffer is required as part of the
common area open space owned and maintained by a homeowners' association.
Any landscaping proposed to be within the public right of way shall not be
included as a part of the buffer area required below. The height for
berming/fencing, except as noted below, shall be measured from the elevation of
the final grade of the adjacent roadway (measured at the centerline) to the top of
the proposed berming/fencing. The required buffer area width, plantings, walls
and fencing are described in subsection L below:
7
'.,,lAt•Foothills Principal Arterial
,;j— , B; Foothills Minor Arterial
,rte-- "`E
tc """-fir+a»I coi ctor Street
i^ ) 's D Principal Arterial(Highway 16)
,C 1 0 Potential Round-a-bout Locations g ;
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L. Streetscapes
The following standards shall apply to Spring Valley internal and perimeter roadways
as shown on Exhibit 4-A above. In all cases, any planting within public rights of way
shall be with approval from the public entity owning the property. (The rights of way
widths and pavement areas in the sections below are shown for illustrative purposes
only. Actual rights of way widths and lane configurations will be determined by
ACHD and ITD as appropriate.)
2. Collector Streets
a. The landscape buffer for collector streets shall be twenty feet (20') minimum
except where it is adjacent to single family residential uses where it shall be
thirty five feet(35')minimum(not including right of way). See Exhibit 4-D.
b. A detached sidewalk shall be provided on both sides of the street at least eight
feet(8') from the back of curb. The sidewalk shall be a minimum of five feet
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(5') wide and may or may not meander depending on the streetscape concept
shown on the PUMP. Sidewalks may be attached to the curb in front of bus
pullouts, drop-off areas, on-street parking areas, and similar circumstances as
approved by ACHD and the city, but shall be six feet (6') minimum width in
such locations. An eight foot (8') wide multi-use pathway on one side of the
street may be approved by the city within low density areas (one (1) acre lots
and larger) or along streets adjacent to regional open space depending on the
streetscape approved by the City on the PUMP.
c. The following plant material shall be provided, at a minimum, within the
limits of the buffer area:
(1) Two (2) trees per one hundred (100) linear feet of street frontage except
next to single family residential uses where there shall be three (3) trees
per one hundred(100)linear feet.
(2) One (1) shrub/groundcover per seventy five(75) square feet of buffer area
(excluding sidewalks, drives and other hardscape areas). Turf may be
used in place of shrubs/groundcovers, but the amount used shall not
exceed 50% of the landscape area on a plat by plat or phase by phase
basis.
d. A minimum five foot (5') high, maximum eight foot (8') high, berm,
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or fence, or combination thereof shall be provided within or at
the limits of the buffer area adjacent to single family residential lots or at the
property lines of such lots. The maximum slope for any berm, if provided,
shall be three feet(3')horizontal distance to one foot(1') vertical distance. If a
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided in combination with the berm, a four foot (4')
wide flat area shall be provided for the placement of the decorative wall.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted. Walls or fencing are not required adjacent to multi-family
residential uses except when necessary to provide a buffer to enclose private
outdoor living space, non-residential uses or open space.
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5' Pavement Area Median Pavement Area 5'
2,
Walk, 8' ,,
,2 �, 8' Walk,
R.O.W. �
35'Landscape 20'Landscape
Buffer(Min.) Buffer(Min.)
Adjacent to Single Adjacent to Non-Single
Family Residential Family Residential
Exhibit 4-D
Collector Street Section
4. Local Residential Streets
a. There are no landscape buffers for local residential streets. The minimum setback
for local streets (both public and private) in single and multi-family residential
uses shall correspond to the building setbacks identified in Chapter 2, Land Use
Standards, Table 2.2, Residential District Development Standards, Single Family
Residential Uses and Table 2.3, Multi-Family Residential Uses in the Spring
Valley Development Standards.
b. An attached or detached sidewalk shall be provided on both sides of the roadway
as shown on Exhibit 4-F below. If the sidewalk is detached it must be at least six
feet (6') from the back of curb with a root barrier or eight feet (8') without a root
barrier to support a Class II tree and ten feet (10') to support a Class III tree. The
sidewalk shall be a minimum of five feet (5') wide and may or may not meander
depending on the streetscape concept. The sidewalk requirement may be waived
as part of the PUMP approval in the following conditions:
(1) A single-loaded street adjacent to a slope (sidewalk shall be required on the
loaded side only).
(2) A double-loaded street in a hillside area where topographic constraints allow
sidewalk on one side of the street only to minimize grading.
(3) Single Family Special Lot (SFSL) neighborhoods as detailed in the Spring
Valley Development Standards (sidewalk shall be required on at least one side
of the street).
(4) Low density (one (1) acre and larger lots) neighborhoods (sidewalk
requirement may be waived where a striped four foot (4') wide shoulder is
provided)
c. One shade class (Class II or Class III) selected from the approved tree list in
subsection Y of this Chapter shall be located on both sides of all street with the
landscape strip between the sidewalk and the curb. If the sidewalk is attached,
then the tree shall be planted a minimum five feet (5') in back of the sidewalk.
Trees shall be planted at the front of each lot generally located on each side of the
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lot line corner with the distance between trees to be a minimum of thirty five feet
(35') and a maximum of eighty feet(80')of street frontage.
d. All mailboxes shall be located outside of the minimum sidewalk width and
outside of required site triangles.
See Residential District
51
alk Pavement Area Min. Waik Attached
Development Standards i , or Detached
for Min.Setbacks for Setback f Setback Walk Allowed
Single and Multi-Family 1
Homes R.O.W.(2'b.o.c.)
Exhibit 4-F
Local Street Section
6. State Highway 16
a. The landscape buffer for State Highway 16 shall be one hundred feet (100')
minimum next to residential uses and sixty feet (60') minimum next to non-
residential uses (not including right of way). See Exhibit 4-H.
b. The following plant material shall be provided, at a minimum, within the limits of
the buffer area;
(1) Five (5) trees and twenty (20) shrubs/groundcovers per one hundred (100)
linear feet of right of way. Turf may be used in place of shrubs/groundcovers,
but the amount used shall not exceed 50% of the landscape area on a plat by
plat or phase by phase basis.
(2) Additional plant material may be provided within the ITD right of way subject
to a license agreement with ITD.
c. A minimum ten foot (10') high, maximum twelve foot (12') high, berm,
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area
adjacent to residential lots. The height of the berm and/or wall shall be measured
from the elevation of the grade beneath such berm and/or wall. The maximum
slope for any berm shall be three fee (3') horizontal distance to one foot (1')
vertical distance. If a decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall is to be provided in combination with the berm, a
four foot (4') wide flat area shall be provided for the placement of the decorative
wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted. A berm or decorative wall is not required adjacent to non-
residential uses.
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to
4
a
4,44:14; ,
10 High(Min.)
12 High(Max.(Berm
100'Min.Setback Next To Residential
ROW May Vary 60'Min.Setback Next To Non-Residential
Exhibit 4-1-i
Highway 16 Section
7. Medians
a. The minimum width of a median, if provided, that will support trees is eight feet
(8') for Class II trees and ten feet (10') for Class I and III trees. The minimum
width of a median that will support turf is ten feet(10'). The minimum width of a
median that will support shrubs and groundcovers is four feet (4'). If a median or
median nose is narrower than four feet (4'), the area shall be filled with stamped
concrete, decorative pavers or rock. Medians will generally be provided on
arterial,collector and urban streets.
b. The following plant material shall be provided, at a minimum, within the median:
(1) One (1) tree per fifty(50) linear feet of median. (A minimum of two(2) trees
are required in medians over thirty five feet(35')in length.)
(2) One (1) shrub/groundcover per seventy five (75) square feet of landscaped
area. Turf may be used in place of shrubs/groundcovers, but the amount of
turf shall not exceed fifty percent (50%) of the landscaped area on a plat by
plat or phase by phase basis.
(3) In the event a median is less than thirty five feet (35') in length, a single tree
shall be permitted. Shrub/groundcover and turf requirements (above) would
apply.
M. Parks, Open Space and Common Areas
1. Parks within Spring Valley shall be planted, at a minimum, with the following:
a. Turf, either seed or sod.
b. One(1)tree per twelve hundred(1,200) square feet of non-pervious space.
c. Four(4) shrubs/groundcovers per tree.
2. Parks shall contain at least five(5) of the following amenities:
a. Ball field
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b. Sports court
c. Swimming pool and/or spa
d. Recreation/community building
e. Restroom building
f. Play equipment
g. Shade structure
h. Picnic table
i. Bench
j. BBQ grills
k. Trash container
1. Sidewalk/trail
m. Bike rack
n. Pet refuse container
3. Open space tracts and common areas that are not considered parks, roadway
landscape buffers, or parking area perimeters shall be planted, at a minimum, with
the following:
a. One(1)tree per twelve hundred(1,200) square feet.
b. Four (4) shrubs/groundcovers per tree. Hydroseeding may be used in
conjunction with plants or by itself for re-vegetating disturbed areas.
c. If turf is used, every fourteen (14) square feet of turf shall count for one (1)
shrub/groundcover, however, turf shall not exceed thirty percent (30%) of the
open space or common area or the required shrub/groundcover quantities.
N. Wetland/Riparian Areas
Wetland and riparian area construction and maintenance shall follow the principles
and guidelines contained sections 7.4.3 through 7.4.5 and Appendix B of the Spring
Valley Habitat Mitigation Plan. A plant list for wetland/riparian areas is contained
subsection Y of this Chapter.
O. Slope Re-Vegetation for Naturalized Areas
Disturbed and manufactured slopes with the Habitat Areas of Special Concern
(HASC), as identified in the Habitat Mitigation Plan, that are intended to be restored
to a natural-like condition shall be identified on the Planning Unit Master Habitat
Mitigation Plan and re-vegetated with a combination of grasses, forbs and shrubs
native to the region or otherwise favorable to regional climactic and soil conditions.
Re-vegetation may also occur on other existing open space areas to be retained within
the HASC that have been affected by fire or have otherwise been degraded.
1. Re-vegetation shall follow the recommendations and criteria in the Habitat
Mitigation Plan, Sections 7.4.4 through 7.4.5.
2. A plant list for use in natural slope re-vegetation in upland areas is contained in
subsection Y of these guidelines. Seed mixes and rates shall be based on Natural
Resource Conservation Service (NRCS) or other approved guidelines. Seed
mixes may be adjusted as necessary according to the response and success of the
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re-vegetation project. Native and approved non-native shrubs may also be planted
from container material, plugs or transplants to supplement the seed mix to
increase the success rate of the re-vegetation application and for soil stability and
aesthetics.
3. Native species shall be emphasized, but desirable non-native species may also be
included for structural and functional components. Non-native species shall be
sterile or non-aggressive, i.e. they won't compete or displace more desirable
native species.
4. Temporary irrigation may be used to facilitate plant establishment and growth
rates but shall be discontinued after establishment as defined in subsection F-17-d
of this Chapter.
5. Seedings without irrigation shall be allowed to germinate for approximately one
(1) year based on seasonal and time constraints. The following year (early
spring), plugs, super-cells, potted plants and transplants of a variety of grasses,
forbs and shrubs may be added to re-establish a diverse stand of native or desired
species.
6. Seed application shall be by rangeland drill (set to the appropriate depth) or
broadcasting (hydroseeding). Broadcast seeding shall require scarification of the
soil surface.
7. All areas shall be classified in a Noxious Zone at the time of PUMP approval.
Noxious weed control shall comply with the noxious weed containment plan per
section 7.4.5 of the Habitat Mitigation Plan.
8. Success of re-vegetation objectives shall be based on the habitat quality
descriptors defined in Table 2 of the Habitat Mitigation Plan.,
9. All natural slope re-vegetation shall be fully established within five (5) growing
seasons. Such areas shall be considered established when a minimum of seventy
percent (70%) of the plants can exist on rainfall alone, see F-17-d of these
standards.
P. Single Family Residential Neighborhoods
1. Landscape along local streets shall be in accordance with the requirements in
subsection L-4-c.
2. Common Open Space:
a. Single family residential neighborhoods (except those in the RR and ER
districts) shall contain a minimum of six hundred (600) square foot common
open space per lot of which a minimum of fifty percent (50%) shall be an
amenity area for active and/or passive recreation. An amenity area is defined
as ground with a slope of 10% or less.
b. The following shall be provided, at a minimum, within the amenity area:
(1) One (1) tree for every twelve hundred (1,200) square feet of landscapable
area.
(2) Turf in fifty percent(50%) of the landscaped area.
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(3) Seventy five percent (75%) vegetative cover (shrubs/groundcovers) in
non-turf landscaped areas after three(3)years of planting.
(4) A walkway and seating area with bench.
(5) A trash receptacle and pet refuse bag dispenser
(6) Walkway/pathway linkage to a regional or community trail when adjacent
to such trail.
c. Optional items within amenity areas shall include, but are not limited to:
(1) Children's play area with play structure
(2) Shade structure
(3) Picnic table(s) and BBQ grill(s)
3. Landscape within common areas outside of amenity areas shall be in accordance
with the requirements in subsection M-3.
• Eagle City Code Section 11A-3-9: Lighting:
B. Street Lighting
1. The master developer or subdivision developer shall install streetlights at locations
described in subsection B.3 below (and as approved by the Administrator). After
installation and acceptance by the Administrator, the owners association shall pay
the cost of maintenance and power and assume ownership of the streetlights.
4. Street lights shall be generally placed at intersections, at the end of cul-de-sacs
and other locations as necessary and subject to city approval to provide for
roadway and neighborhood safety. Street light spacing between intersections shall
be as follow:
(1) Type A Street Light: One thousand feet (1,000') maximum or as otherwise
determined by the city.
(2) Type B Street Light: Thirteen hundred feet (1,300') maximum or as
otherwise determined by the city.
D. Pathway/Trail Lighting
1. Pathway/trail lighting shall consist of two types — pole lights and bollard lights.
Pole lights are identical to parking area lights and are located at trailheads,
pathway/trail entries and intersections and other focal points, such as seating
areas. Bollard lights shall be located along the paved section of the Big Gulch
Regional Trail. Bollard lights shall be a concrete rusted finish pole, or equal, as
shown in Exhibit A.
• Eagle City Code Section 11A-12C-2-1: Location and Design:
Street and road location and design shall conform to the following standards:
A. Street Location and Arrangements: When an official street plan or comprehensive
development plan has been adopted, streets within a subdivision shall conform to such
approved plans including ACHD, PUMP or Spring Valley Master Streets &
Circulation Plan.
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B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through
traffic.
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in
new subdivisions shall be such that said streets extend to the boundary line of the tract
to make provisions for the future extension of said streets into adjacent areas, and
shall have a cul-de-sac or temporary cul-de-sac if stub street is longer than 150 feet in
length. A reserve street may be required and held in public ownership.
D. Relation to Topography: Streets shall be arranged in proper relation to topography so
as to result in usable lots, safe streets and acceptable gradients.
E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial
subdivisions unless other provisions are made for service access and off street loading
and parking. Dead end public alleys shall be prohibited in all cases.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five thousand feet
(5,000') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of thirty feet (30') of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of curb of the island to the face of curb located on the outside edge of
the street. One traffic control sign stating that on street parking is prohibited within the
turnaround shall be installed at the entrance of the turnaround on the driver's side of
the street. All cul-de-sac streets shall include bulb-outs every seven hundred fifty feet
(750') to allow for emergency vehicles to turn around. No more than forty (40) lots
shall be located on any cul-de-sac street between bulb-outs or beyond the final bulb-
out. Exceptions to the requirements set forth in this paragraph may be considered by
the City Council if approved by the fire department and the highway district having
jurisdiction.
• Eagle City Code Section 11A-13A-6: Rules and Definitions:
COLLECTOR STREET: A street designated for the purpose of carrying traffic from
minor streets to other collector streets and/or arterial streets.
EASEMENT: A grant by a property owner to specific persons or to the public to use land
for specific purposes. Also, a right acquired by prescription.
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river,
stream, lake or other body of water which has been or may be covered by water of a flood
of 100-year frequency. The floodplain includes the channel,floodway or floodway fringe,
as established pursuant to engineering practices of the U.S. Army Corps of Engineers, as
follows:
CHANNEL: A natural or artificial watercourse of perceptible extent, with definite bend
and banks to confine and conduct continuously or periodically flowing water.
OPEN SPACE: Land which is set aside for use by residents of Spring Valley or the
general public for recreation, agriculture,habitat, vegetation, scenic or similar uses. Open
Space may be developed or natural and may include: (i)public and private parks, sports
fields, and trails; (ii)golf courses; (iii)equestrian centers; (iv) vineyards and other
agricultural lands; (v) landscape easements or common areas inside or outside of public
rights of way; (vi)floodplains and floodways; (vii)the lesser of 50 percent of school sites
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or the area of playfields, (viii) scenic corridors; (ix)undeveloped hillsides; (x) wetlands,
wildlife habitat,drainage areas, and unique or sensitive plant areas; and(xi)conservation
easements or permanent open space on private lands or lots subject to deed restriction.
Open Space may be publicly or privately owned and may be accessible or inaccessible to
the public. The minimum Open Space within Spring Valley shall be twenty percent
(20%) of Spring Valley or 1,203 acres. The minimum amount of Open Space within any
Planning Area shall be fifteen (15%) of the total gross acres of the Planning Area.
OPEN SPACE, ACTIVE: Open Space which includes,but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas,community
garden, golf courses or sports courts, children's play area, dog play area, and pathways,
excluding passive open space areas. Landscape buffer areas not required pursuant to
Chapter 2A of this Title 11 may be considered,in part, as active open space provided a
pathway or other active amenity is located within and incorporated into the buffer area.
OPEN SPACE,PASSIVE: Open Space which includes,but is not limited to, landscaped
buffer areas required pursuant to Chapter 2A of this Title 11 (including the sidewalk
within the buffer area), natural areas, wetland areas, ornamental gardens, decorative
fountains, and water bodies, excluding active open space areas.
SUPER PAD/LARGE LOT: One(1)or more lots, each at least two(2) acres in size,
identified as "Super Pad(s)/Large Lot(s)on a plat for grading and/or further development.
Such Super Pad(s)/Large Lot(s)will be graded and will have adequate roads and utilities
stubbed to such lots in preparation for replatting. Such Super Pad(s)/Large Lot(s)are not
considered buildable lots until replatted as provided in Chapter 12 of Title 11.
• Eagle City Code Section 11A-13C-2-2: Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or applicable PUMP and shall be approved by the Ada
County Highway District and/or other agency having jurisdiction.
B. Notwithstanding subchapter A of this chapter, access from a frontage road onto an
arterial street shall be limited to one thousand five hundred feet (1,500') between
points.
• Eagle City Code Section 11A-13C-2-3: Intersections:
Intersections shall conform to the following standards:
A. Angle Of Intersection: Angles of street and driveway intersections shall be approved
by the highway district having jurisdiction.
B. Sight Triangles: Minimum clear sight distance at all street and driveway intersections
shall be approved by the highway district having jurisdiction.
C. Number Of Streets: No more than two(2) streets shall cross at any one intersection.
• Eagle City Code Section 11A-13C-4: Easements:
A. Unobstructed utility easements, where required, shall be provided along front lot lines,
rear lot lines and/or side lot lines not to exceed the required building setbacks.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement alongside lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that
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lesser easement.widths, to coincide with respective setbacks, may be considered as
part of the plat.
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel.
• Eagle City Code Section 11A-13C-6: Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
A. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
B. Open Space: The minimum amount of open space that must be set aside for open
space within Spring Valley shall comply with Chapter 3 of this Title 11A. The
minimum amount of open space in all single family residential subdivisions (except
for the RR and ER land use districts) shall be six hundred(600) square feet per lot,
The minimum amount of Open Space within any PUMP shall be fifteen percent
(15%) of the total gross acres of the PUMP. No plat shall be approved within any
Planning Area if, with the approval of such plat, the platted and unplatted Open Space
in the PUMP would fall below fifteen percent (15%) of the total gross acres of the
PUMP.
Plats may be denied if the City finds the applicant is unable to show 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.
If a plat contains Community Park(s), as defined in the PADA, any Community Park
shall contain a minimum of eight(8) acres of active and passive Open Space. If a plat
contains Neighborhood Park(s), as defined in the PADA, any Neighborhood Park
shall contain a minimum of three(3)acres of active and passive Open Space.
C. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open
space who is responsible for maintaining the open space and facilities located
thereon. If a homeowners'association is the owner, membership in the association
shall be mandatory and automatic for all homeowners of the subdivision and their
successors. If a homeowners' association is the owner, the homeowners'
association shall have lien authority to ensure the collection of dues from all
members. The responsibility for maintaining the open space and any facilities
located thereon shall be borne by the owner.
b. Management Plan: Applicant shall submit a plan for management of open space
and common facilities (plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of
the open space and any facilities located thereon, including provisions for
ongoing maintenance and for long term capital improvements;
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(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for,the open space and outlines the means by
which such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
c. Temporary Maintenance By City; Corrective Action: In the event the party
responsible for maintenance of the open space fails to maintain all or any portion
in reasonable order and condition, the city of Eagle may assume temporary
responsibility for its maintenance and may enter the premises and take corrective
action, including the provision of extended maintenance. The costs of such
maintenance shall be charged to the owner, homeowners' association, or to the
individual property owners that make up the homeowners' association, and may
include administrative costs and penalties. Such costs shall become a lien on all
subdivision properties. The exercise by the city of Eagle of its right to assume
temporary maintenance responsibility to take corrective action shall not relieve the
property owner of their maintenance responsibility nor should it be construed as
the city assuming permanent responsibility for such maintenance.
• Eagle City Code Section 11A-13C-8: Fences:
Any fencing located adjacent to Open Spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style,durable
fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in Chapter 3 of this Title 11A. Chainlink,cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
areas. A chapter within the subdivision CC&Rs shall be created for the regulation of
fences to this effect.
• Eagle City Code Section 11A-13D-1-3: Curbs and Gutters:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters, or other treatments acceptable to ACHD, may be
required on minor streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County Highway District.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the
Ada County Highway District or the Idaho transportation department.
• Eagle City Code Section 11A-13D-1-5: Streetlights:
The Developer or subdividers within Spring Valley shall be required to install, at the
Developer's or subdivider's expense, streetlights that are not the obligation of ACHD in
accordance with specifications and standards set by Chapter 3 of this Title 11A and at
locations designated by the Administrator. After installation and acceptance by the
Administrator, the homeowners' association shall pay the cost of maintenance and power
and assume ownership of the streetlights that are not the obligation of ACHD.
• Eagle City Code Section 11A-13D-1-6: Pedestrian/Bicycle Pathway and Sidewalk
Regulations:
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A. Intent: The placement of pathways is intended to encourage nonmotorized forms of
travel, and to provide safe, convenient and aesthetic alternative travel routes to
common destinations such as schools, parks, shopping centers, etc. The following
factors will be considered in the placement of any pathway: the utility and need for a
given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the Spring Valley Master Parks, Trails
and Open Space Plan, pathway design as it relates to both crime prevention and
function, and the responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases
where it is shown to be inappropriate),that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the Spring Valley Master Parks, Trails and
Open Space Plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
g. Transportation or other community facilities, and vacant parcels,held either
publicly or privately which could provide future neighborhood connection(s)
to the above noted sites; and
h. In similar cases where deemed appropriate.
In addition, pathways may be required to connect sites other than those noted
above when there is evidence that a pedestrian/cyclist would otherwise be
forced to travel alongside a designated arterial roadway, or other roadway that
may be hazardous for nonmotorized forms of travel, in order to reach the
desired destination, or
D. Pathway Design: While the city may exercise considerable discretion in determining
the design of pathways,the following minimum standards shall be followed:
1. Paved pathways: Neighborhood pathways within subdivisions which are designed
for primary use by the residents of the subdivision shall be a minimum four feet
(4') wide and shall be located within a minimum sixteen foot(16') wide pedestrian
access easement. Community pathways within Spring Valley that are designed for
primary use by residents, workers and visitors in Spring Valley shall be a
minimum of five feet (5') wide and shall be located within a minimum of sixteen
foot(16') wide pedestrian access easement. Regional pathways such as the within
the Big Gulch Regional Park and pathways located adjacent to major roadways
shall be a minimum eight feet (8') to ten feet (10') wide and shall be located
within a minimum twenty foot(20') wide pedestrian access easement.
2. Unpaved or soft pathways: Neighborhood pathways widths within subdivisions
may range from four feet (4') to six feet (6') and be located within a minimum
sixteen foot (16') wide access easement. Community pathways within the
community at large may range from five feet (5') to six feet (6') and be located
within a minimum sixteen foot (16') wide access easement. Regional trails are
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those trails along.highly trafficked corridors or with access to or from major
trailheads and shall be a minimum six feet(6') to eight feet (8') wide and shall be
located within a minimum twenty foot(20')wide pedestrian access easement.
3. Barriers may be placed at the terminal ends of paths to restrict use by motor
vehicles while allowing use by bicycles, wheelchairs and other modes of travel.
4. A minimum five foot (5') wide landscaped area/building and fence setback, as
measured from both edges of the path, shall be required, and will be owned by
either the abutting property owner(s) or a homeowners' association unless
accepted by a public entity. The five foot (5') wide landscaped area on either side
of the pathway may be decreased to a minimum of two feet(2') wide(as measured
from the edge of asphalt to the easement line) when used in conjunction with a
meandering pathway, however, the total width of the landscape area shall not be
less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other).
For safety purposes, planting material in this area is limited to three feet (3') in
height. The landscape, fence and building regulations for this area shall be
indicated by a note on the plat.
5. The official design standards for pathways set forth in the following manuals are
to be used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the
"Design Guide For Accessible Outdoor Recreation", and the "Guide For The
Development Of Bicycle Facilities", or other nationally recognized design
standards.
6. A root barrier shall be placed along the side of the paved pathways when trees are
planted within five feet (5') for Class 1 and III trees and four feet (4') for Class II
trees of a paved pathway to prohibit tree roots from damaging the pathway
surface. The root barrier shall consist of black injection molded panels with a
minimum of 0.085 inch wall thickness in modules a minimum of twenty-four
inches (24") long by twenty-four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness
protruding one-half inch (1/2") at ninety degrees (90°) from the interior of the
panel, spaced six inches (6") apart. A minimum of nine (9) antilift tabs, three (3)
each between the vertical ribs, shall be integrated into each panel, measuring a
minimum of 0.085 inch thickness and protruding three-eighths inch(3/8")from the
panel wall. An integrated joining system shall be employed for instant assembly
by sliding one panel into the other. An alternative type barrier system of equal root
penetrative resistance may be considered on a case by case basis, subject to the
approval of the zoning administrator.
7. In order to design for crime prevention, the following design standards will be
followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as
it provides better visibility from adjacent homes or buildings. View walls
consisting of part wall (one half the height or less of the barrier) and part
fence are also acceptable. Solid fencing is discouraged.
b. Adequate lighting along regional trails may be provided per Chapter 3 of this
Title 11A, as determined by Eagle city council and may be owned and
maintained by the city of Eagle once the path is turned over to the city for
maintenance.
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c. The use of sharp corners and curves in the design of the paved paths is
discouraged.
8. Consideration shall be given to off street parking where paths connect to popular
destination points and nearby streets may become congested with vehicles parked
by pathway users. Where pathway links connect to major public open space that
require vehicular parking, the council may request the developer to designate land
to be purchased and maintained by the appropriate public authority for public
parking. Buffering of surrounding residential uses shall be considered in the area
for purchase.
E. Responsibility: The following provisions are intended to provide guidance to those
entities that are responsible for construction, maintenance and/or liability for a
pathway. Installation costs, which may include construction of the pathways, are the
responsibility of the developer. Regional pathway construction costs are eligible for
park impact fee credit.
1. Homeowners'Association:
a. Pathway systems, such as neighborhood and community pathways, within a
proposed subdivision providing access to private common space and/or other
amenities that are used solely by the residents of a subdivision shall be the
responsibility of the homeowners'association.
b. Where the residents of a subdivision will be the primary beneficiaries of a
pathway, and travel from adjoining neighborhoods will be minimal, a
homeowners' association may be required to take responsibility for that path.
2. City of Eagle: When location, length and design of a path have been agreed upon
by the city of Eagle and the developer, the city may accept maintenance and
liability for the pathway as designated in the Spring Valley Master Parks, Trails
and Open Space Plan, so long as the pathway is in good condition and repair.
F. Sidewalk Design:
1. Sidewalks: An attached or detached sidewalk, a minimum five feet (5') wide,
shall be required on both sides of the street, except as provided herein. Sidewalks
may be eliminated on one or both sides of the street in hillside areas to minimize
topographic impacts and grading. Sidewalks on only one side of the street may
also be allowed in the following conditions:
a. The average width of lots, as measured at the street frontage line or at the
building setback line,is over one hundred fifty feet(150').
b. Within ER and RR neighborhoods.
c. On single-loaded streets (that is, streets with lot access on only one side of the
street).
d. Sidewalks may be eliminated on both sides of a local street under the
following conditions and in compliance with Ada County Highway District
standards. The applicant shall show a means of alternative pedestrian
movement in the area:
(i) When the existing slope of the hillside exceeds eighteen(18)percent.
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(ii) When lots exceed an average of five(5) acres in.size within a plat.
• Eagle City Code Section 11A-13D-1-7: Bicycle Pathways:
A bicycle pathway system shall be provided within all subdivisions as part of the public
right of way, within Open Space, or separate easement, as may be specified by the city
council.
• Eagle City Code Section 11A-13D-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 11A-13D-1-9: Water Supply and Sewer Systems:
Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. The Developer is constructing a new City-owned public
water supply system and a new sewer systems in Spring Valley The City shall be the
exclusive municipal supplier of water to the lands within the Spring Valley development.
The City may allow connection to the City-owned water system in Spring Valley if it is
deemed to be in the best interest of the City.
B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho
department of health and welfare or its authorized agent for approval in accordance
with the provisions of chapter 50-1326,Idaho Code.
C. Pressurized Irrigation Facilities:
1. Irrigation water for all residential dwelling units shall be provided with water from
the municipal system or from available surface water, as outlined herein.
Plans and documents completed in accordance to the required standards and
regulations shall be submitted with the application for a preliminary plat in
accordance with the Spring Valley Irrigation and Reuse Master Plan and in
accordance with the adopted supplemental standards and regulations (Titled
"Pressure Irrigation Standards", incorporated herein by reference).
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized
irrigation system. These standards shall supplement all other regulations, and
where at variance with other laws, regulations, ordinances or resolutions,the more
restrictive requirements shall apply. The city council may determine that revisions
to the supplemental standards are warranted and make such revisions by act of a
resolution.
a. When surface water is available, the developer shall install a separate pressure
irrigation system in accordance with the "Pressure Irrigation Standards" and
the "Spring Valley Irrigation and Reuse Master Plan: If no surface water is
available, the developer may be granted a waiver to install individual
irrigation connections to the municipal system.
b. A separate pressurized irrigation system that utilizes surface or reuse waters
shall be designed by a licensed professional engineer registered in the state of
Idaho, and the construction plans for the system shall be reviewed and
approved by the City Engineer. The design shall conform to the "Pressurized
Irrigation Standards"for the City of Eagle.
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c. Development areas that are not provided with a separate pressured irrigation
system shall be provided with a connection to the potable water system with
the approval of the City, City Engineer, and the potable water purveyor. The
following standards shall apply to individual irrigation connections to the
potable water system.
1. The installation of a DEQ approved reduced pressure backflow (RPB)
prevention assembly or an air gap separating the irrigation system and the
potable water system will be required on the property side of the domestic
water meter.
2. The RPB prevention assembly shall be installed, owned, and maintained
by the property owner. Failure to properly maintain the RPB will result in
a shutoff of municipal water supply to the property until fully mitigated in
accordance with City shutoff policy.
3. The RPB shall be installed within 5 feet of the City water meter and shall
be accessible to City staff.
4. The property owner shall have the RPB inspected by an appropriately
licensed inspector and in accordance with State requirements annually
and shall provide the results of a passing inspection to the City. Failure to
complete the required inspection will result in a shutoff of water service
until completed.
5. The City may assess a monthly service fee as part of the water bill to cover
costs associated with the testing and monitoring of the RPB prevention
assembly and administration of the City's cross connection control policy.
d. Irrigation water may consist of a combination of surface water,treated
effluent, and ground water as identified within the Spring Valley Irrigation
and Reuse Master Plan.
2. All development which is required to be served by a separate pressurized
irrigation system must be constructed, operated, and maintained in accordance
with this chapter and in accordance with the approved Spring Valley Irrigation
and Reuse Master Plan that may be amended from time to time. The Spring
Valley irrigation system shall be served by a Permit to Appropriate Water issued
by the State of Idaho Department of Water Resources (Permit No. 63-32573) or
other acquired water rights, surface water, or treated effluent in accordance with
the Spring Valley Irrigation and Reuse Master Plan that may be amended from
time to time.
• Eagle City Code Section 11A-13D-1-10: Storm Drainage;Flood Controls:
A. Adequate Storm Drainage System: An adequate storm drainage system to
accommodate storm water runoff from the public rights of way shall be required in all
subdivisions. The requirements for each particular subdivision shall be established by
the Ada County Highway District and/or the Idaho Transportation Department, and
construction shall follow the specifications and procedures established by said Ada
County Highway District or Idaho Transportation Department.
B. Interceptor Ditches: Interceptor ditches shall be established above all cut/fill slopes,
and the intercepted water conveyed to a stable channel or natural drainageway with
adequate capacity.
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C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall be such
that water on roadways is prevented from flowing off the roadway.
D. Natural Drainageway Treatment: Natural drainageways shall be riprapped or
otherwise stabilized below drainage and culvert discharge points for a distance
sufficient to convey the discharge without channel erosion.
E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover
(for example, roofs, driveways and roads) shall be collected and transported to a
natural drainageway with sufficient capacity to accept the discharge without undue
erosion.
F. Deposit Of Waste Material Prohibited: Waste material from construction, including
soil and other solid materials, shall not be deposited within the 100-year floodplain.
G. Drainageways Or Hydraulic Structures In Major Waterways: Drainageways or
hydraulic structures in major waterways (defined as draining a basin area of 10 acres
or more) shall be designed for the 100-year flood or to accommodate the runoff
projected in the soil conservation service hydrology guide for residential development
of the Boise front, whichever is greater. In minor waterways (defined as draining a
basin area of less than 10 acres), such structures shall be designed for the 50-year
flood or to accommodate the runoff projected in the soil conservation service
hydrology guide for residential development of the Boise front, whichever is greater.
H. Storm Drainage Retention Facilities: Storm drainage retention facilities consistent
with the Spring Valley Master Drainage Plan and the conditional letter of map
revision issued by FEMA, as may be amended from time to time, shall be designed in
connection with the final plat and implemented with a flow control system that
achieves the following objectives: (1) minimize downstream impacts by not increasing
pre-development flows from land development activities; and (2) accommodate pre-
development flows from upstream land by providing adequate conveyance facilities
through the project site; 3) designed in accordance with the Eagle Drainage Standards
and consistent with the Spring Valley Master Drainage Plan as approved by the City;
and 4) provide a mechanism to insure that all facilities shall be maintained on an
ongoing basis in order to perform as designed. As part of construction drawings, a
stormwater drainage plan shall be developed and approved by the City Engineer that
promotes each of these objectives.
I. Sediment retention facilities: These facilities shall be constructed and maintained
downstream from development consistent with best management practices. Any such
facility used shall provide for the removal of surface debris and contaminants, as well
as sediment retention.
J. Completion And Operation Deadline: The overall drainage system shall be completed
and made operational at the earliest possible time during construction.
K. Alterations Of Major Drainageways: Alterations of major drainageways shall be
prohibited except for approved road crossings and drainage structures or as provided
for in Title 10 of this Code.
L. Natural Or Improved Open Channel Drainageways: Natural or improved open channel
drainageways shall be preserved or provided for in major waterways; except, that at
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road crossings, conduits.may be permitted. Minor waterways shall be permitted to be
enclosed in conduits.
M. Reservation Of Right To Require: The City reserves the right to require installation of
hydrologic measuring devices in drainageways within any development at public
expense.
N. Drainage System Plans: Drainage system plans shall show how lots will be graded so
that all runoff runs either over the curb, or to a drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
• Eagle City Code Section 11A-13E-3: Hillside Subdivisions:
All development in Spring Valley shall proceed in accordance with the Grading
Guidelines and Hillside Development Standards, dated June 25, 2009 and approved by
city council on November 24, 2009, as the same may be amended from time to time.
• Eagle City Code Section 11A-13E-4: Subdivision Within A Floodplain:
In addition to the provisions of this Chapter 13 of Title 11A, any subdivision within the
designated floodplain of the city shall comply with all applicable provisions of the
floodplain regulations of the city as now in effect or as may hereafter be amended.
Provided, notwithstanding any provision in the applicable floodplain regulations, an
alternate means of compliance in connection with fill requirements will include the use of
detention basin(s) and channelization to offset the impacts of fill placed within an existing
floodplain. Such detention basin(s) shall provide a sufficient amount of storage of
stormwater runoff such that the post-development flowrate will be no greater than the pre-
development rate. In addition, the result of the development and drainage improvements
shall include a reduction in the existing flood hazard boundaries through the CLOMR/
LOMR approval process from FEMA and the City of Eagle.
D. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as Foothills Residential and the project
as proposed is in conformance with the Eagle Comprehensive Plan and the executed
development agreement (Ada County instrument#114006036). The applicant has submitted a
preliminary plat application for Spring Valley Subdivision No. 1. The proposed development
plat consists of 346.77-acres inclusive of total open space area of 84.19-acres.The applicant is
proposing the development to have 217-lots (190-buildable, 1-waste water treatment, 1-
domestic well, 22-common, and 3-future phase) with a density of 1.05-dwelling units per acre.
• The preliminary plat, date stamped by the City on April 10, 2014, identifies three (3) houses
and nine (9) accessory structures to be removed. The preliminary plat also identifies three (3)
septic systems to be abandoned. The developer should remove all structures (houses and
accessory structures - as designated on the preliminary plat "to be removed" from the site)
prior to the City Clerk signing the final plat. Demolition permits should be obtained prior to
the removal of said structures. Applicable agency approvals for the removal of the existing
wells and septic tanks (associated with the existing residences that are to be removed) should
be provided to the City prior to the City Clerk signing the final plat.
• The preliminary plat, date stamped by the City on April 10, 2014, identifies various access
easements. The applicant should provide a revised preliminary plat with new plat notes
identifying location and for whom the access easements are being provided. The revised
preliminary plat should be provided prior to submittal of a final plat application.
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• The preliminary plat;date stamped by the City on April 10, 2014, delineates overhead power
lines located in proximity to the existing dwellings. The preliminary plat also indicates that the
overhead power lines are to be relocated. Pursuant to Eagle City Code Section 11A-13D-1-8,
underground utilities are required within the development. The applicant should be required to
bury all power lines within the proposed subdivision. All overhead power lines should be
buried or a surety should be provided for the burial of the overhead power lines prior to the
City Clerk signing the final plat.
• Plat note No. 2 of the preliminary plat, date stamped by the City on April 10, 2014, indicates
that Lot 6, Block 3, is designated for a waste water treatment plant. The preliminary plat
identifies the water treatment plant is to be located on Lot 2, Block 2. The applicant should
provide a revised preliminary plat with a revised plat note No. 2 indicating that Lot 2,Block 2,
is designated for a waste water treatment plant. The revised preliminary plat should be
provided prior to submittal of a final plat application.
Lot 2, Block 2, also contains the 16-foot Tesoro/Chevron Pipeline Easement and an area
identified on the Planning Unit Master Plan #1, Habitat Mitigation Plan, Exhibit 4.B.d, as
having an Upland Revegetation and Native/Undisturbed areas. The applicant is working with
Eagle Sewer District to provide a sewer treatment plant within this area. It is unknown who
will be responsible for the continued monitoring of the Upland Revegetation and
Native/Undisturbed areas. It is also unknown if the Eagle Sewer District will be operator only
or have ownership of the facilities and land associated with the sewer treatment plant. The
applicant should provide clarification regarding the location of the proposed sewer treatment
plant and whether the Eagle Sewer District will be the owner of the lot associated with the
location or a portion of the lot. Should the Eagle Sewer District only require ownership of a
portion of Lot 2, Block 2, the applicant should provide a revised preliminary plat showing a
new lot for the location of the sewer treatment plant. The revised preliminary plat should be
provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on April 10, 2014, delineates a driveway
located across the northern portion of Lot 2, Block 3, which provides access to a residence
located at 5002 North Emmett Highway. Neither the plat notes nor the preliminary plat
describes an ingress/egress easement for the aforementioned driveway. The applicant shall
provide a revised preliminary plat with a new plat note calling out an ingress/egress easement
located on Lot 2, Block 3, in favor of the residence located at 5002 North Highway 16. The
revised preliminary plat should also show the location of the ingress/access easement. The
revised preliminary plat should be provided prior to the submittal of a final plat application.
• The preliminary plat, date stamped by the City on April 10, 2014, shows an approximate
location of a domestic water well located north of Lot 138, Block 3, outside of the area to be
platted. The preliminary plat also delineates a 30-foot wide well access easement. The well
access easement is shown to connect to an existing road located on the site. The applicant
should provide a revised preliminary plat indicating the exact easement location for the
proposed well site located north of Lot 138, Block 3. The revised preliminary plat should also
contain a new plat note identifying the ingress/egress access easement on Lot 138,Block 3, for
the domestic water well. The revised preliminary plat should be provided prior to the submittal
of a final plat application.
• The preliminary plat, date stamped by the City on April 10, 2014, delineates a 16-foot wide
Tesoro/Chevron pipeline easement but does not identify the Ada County instrument number
associated with the recordation of the easement. The applicant should provide a revised
preliminary plat which identifies the Ada County instrument number associated with the
recordation of the Tesoro/Chevron pipeline easement. The revised preliminary plat should be
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provided prior to submittal of a final plat application.
• The preliminary plat, date stamped by the City on April 10, 2014, shows the removal of
approximately 600-feet of the Equest Lane (gravel road section) providing access to State
Highway 16. The applicant is proposing a new access point from Big Gulch Parkway to the
two (2) homes currently taking access from Equest Lane. With the removal of the gravel road
section Equest Lane will no longer have a connection to the state highway. The applicant is
proposing to connect the remaining portion of Equest Lane to Big Gulch Parkway and
constructing an all-weather surface turn around approximately 450-feet west of the intersection
of Equest Lane and Big Gulch Parkway. Equest Lane should be closed prior to the issuance of
any residential building permits within the development.
• A substantial portion of the developable area of Spring Valley Subdivision No. 1 is located
within an area of special flood hazard and is designated Zone A on the Flood Insurance Rate
Map (FIRM), panel number 16001C130 H, which has an effective date of February, 2003.
The applicant is proposing to revise the floodplain line by constructing a channel (Big Gulch
Channel)to contain the conveyance of water during a flood event. The applicant has submitted
a Conditional Letter of Map Revision (CLOMR) to FEMA and a Flood Plain Development
Permit to the city to allow for the construction of the channel. FEMA approved the CLOMR
on November 8, 2013. The applicant should construct Big Gulch Channel in conformance
with the FEMA approved CLOMR and the city approved flood plain development permit.
Upon completion of the portion of Big Gulch Channel associated with Spring Valley
Subdivision No. 1, the applicant should submit a Letter of Map Revision (LOMR) to FEMA
prior to the issuance of any building permits associated with the site.
Pages PP-2 through PP-6 of the preliminary plat, date stamped by the City on April 10, 2014,
have three (3) plat notes. Note#3 reads, "Portions of this property are in Zone A of the Flood
Insurance Rate Map No. 16001C0130 H Community Panels No. 0130 H, which bears an
revised effective date of February, 2003. Flood plain line to be revised per the Conditional
Map Letter of Map Revision dated June 10, 2009 upon the completion of the construction of
the flood channel." The Flood Insurance Rate Map No. 16001C130 H, Community Panel No
130 H, has a revised effective date of February 19, 2003. Also, the FEMA CLOMR case
number is 13-10-1031R. The applicant should be required to provide a revised preliminary
plat with plat note#3 on pages PP-2 through PP-6, revised to read, "Portions of this property
are in Zone A of the Flood Insurance Rate Map No. 16001C0130 H Community Panels No.
0130 H, which bears a revised effective date of February 19, 2003. Flood plain line to be
revised per the Conditional Map Letter of Map Revision Case No. 13-10-1031R, upon the
completion of the construction of the flood channel." The revised preliminary plat should be
provided prior to the submittal of a final plat application.
• The preliminary plat, date stamped by the City on April 10, 2014, identifies approximately 20-
lots as open space/drainage lots. Pursuant to Eagle City Code Section 11A-13C-8, open style
fencing is required adjacent to open space and on the street side of all corner lots. All fencing
located adjacent to open space and on the street side of all corner lots should be an open
fencing style such as wrought iron or other similar decorative style, durable fencing material.
The CC&Rs should contain a provision regulating the style of fencing to this effect.
• The preliminary plat, date stamped by the City on April 10, 2014, identifies several existing
utility, power, and irrigation easements that are proposed to be vacated. The applicant should
be required to vacate the existing utility and irrigation easements (identified"to be vacated"on
the preliminary plat, date stamped by the City on April 10, 2014) prior to submittal of a final
plat application.
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• The applicant is proposing "drainage swales" throughout the development within the Upland
Revegetation areas as identified within the Habitat Mitigation Plan. While the City
understands that sedimentation will occur over time, maintenance/landscaping of these areas
should be restricted. The applicant should be required to provide a revised preliminary plat
with a new plat note which indicates, maintenance/landscaping of the drainage swales located
within the Upland/Revegetation areas as identified within the Habitat Mitigation Plan should
be restricted, and pursuant to the Habitat Mitigation Plan, the drainage swales located within
the Upland Revegetaion areas should not to be altered or landscaped. The plat note should be
reviewed and approved by the City Attorney prior to submittal of the revised preliminary plat.
The revised preliminary plat should be provided prior to submittal of a final plat application.
• Pursuant to the letter from the Farmers Union Ditch Company, date stamped by the City on
January 22, 2014, the applicant should provide a 25-foot wide ingress/egress easement/right-
of-way from the top of bank on both sides of the Farmers Union Canal to the Farmers Union
Ditch Company to be used for operation and maintenance access. The easement area should
not be considered "greenbelt" or amenity. Additionally, per the letter from the Farmers Union
Ditch Company, fencing should be required along the edge of the easement area to prevent the
public from accessing the easement/right-of-way area. The applicant should be required to
provide written approval from the Farmers Union Ditch Company for any improvements
proposed within the Farmers Union Canal easement area. The applicant should be required to
provide a revised preliminary plat identifying an ingress/egress easement/right-of-way
providing access to Farmers Union Ditch Company for the operation and maintenance of their
facility. The easement/right-of-way should be 25-feet in width measured from the top of bank
on both sides of the Farmers Union Canal. The applicant should be required to provide written
approval from the Farmers Union Ditch Company for any improvements proposed within the
easement/right-of-way area The revised preliminary plat should be provided prior to the
submittal of a final plat application.
• The applicant has provided a conceptual grading plan, date stamped by the City on April 10,
2014, which shows slopes located between some of the residential and open space lots located
within the SWA-7 &SWA-8 planning areas as identified within the Spring Valley PUMP No.
1. Staff is concerned how the slopes located between individual lots and those open space lots
located directly adjacent to the residential lots can be protected, especially areas that have
significant slope percentages. The applicant should be required to provide a revised
conceptual grading plan that identifies all slope percentages, especially those slopes located
adjacent to residential lots. The applicant may be required to provide slope easements in the
future at the recommendation of the City Engineer. The applicant should be required to
provide a revised conceptual grading plan prior to the submittal of a final plat application.
• The Boundary/Site Plan (PP-1) of the preliminary plat, date stamped by the City on April 10,
2014, does not identify a curb cut located on Big Gulch Parkway that provides access to the
domestic water well located on Lot 6, Block 3. The applicant should be required to provide a
revised Boundary/Site Plan (PP-1) of the preliminary plat identifying a driveway access onto
Big Gulch Parkway to Lot 6, Block 3, (Domestic Water Well site). The revised preliminary
plat should be provided prior to submittal of a final plat application.
• Pursuant to Eagle City Code 11A-12C-2-1(C), which states, "Where adjoining areas are not
subdivided, the arrangement of streets in new subdivisions shall be such that said streets
extend to the boundary line of the tract to make provisions for the future extension of said
streets into adjacent areas, and shall have a cul-de-sac or temporary cul-de-sac if stub street is
longer than 150 feet in length." Other than Big Gulch Parkway, there are no stub streets to the
adjacent "future development" parcel located at the terminus of Big Gulch Parkway.
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Therefore, the applicant should be required to provide a stub street from Aldean Way to the
adjacent"future development"parcel (Lot 138,Block 3).
• Pursuant to the ACHD staff report, date stamped by the City on Friday, April 25, 2013,Equest
Lane should be closed. Sheet PP-7 of the preliminary plat, date stamped by the City on April
10, 2014, shows a curb cut being provided from Big Gulch Parkway to the adjacent property
located at 8600 W. Equest Lane (Parcel # R3314130200). The curb cut is 24-feet in width
(back of curb to back of curb). The proposed width does not allow for a future roadway
extension, should this parcel redevelop in the future. The applicant should be required to
provide a revised sheet PP-7 of the preliminary plat showing a curb cut from Big Gulch
Parkway to the adjacent property located at 8600 W. Equest Lane (Parcel #R3314130200) to
be a minimum of 36-feet in width (back of curb to back of curb)to allow for a future roadway
should the parcel be developed in the future. The revised preliminary plat should be provided
prior to submittal of a final plat application.
• The preliminary plat application date stamped by the City on January 12, 2014, identifies
rolled curb/gutter for residential streets. The preliminary plat date stamped by the City on
April 10, 2014, shows vertical curb/gutter on all roadways within the development. The
applicant should clarify where the rolled curb/gutter will be used within the development prior
to submittal of a final plat application.
• The preliminary plat, date stamped by the City on April 10, 2014, identifies both "hard
surface" and "soft surface" trails throughout the development. The application date stamped
by the City on January 21, 2014, identifies that the open space trails will consist of asphalt and
compacted decomposed granite pathways, but the plat does not identify what the materials will
be on any given pathway. The applicant should be required to provide a revised preliminary
plat with a detail that identifies what materials the "hard surface" and "soft surface" trails are
proposed to be constructed of. The proposed materials should be reviewed and approved by
the Parks and Pathway Commission, Design Review Board, Eagle Parks and Pathways
Commission and the City Engineer prior to the submittal of a final plat application.
• Sheet PP-8 of the preliminary plat, date stamped by the City on April 10, 2014, shows a detail
for Big Gulch Parkway, north of where SWA-7 planning area(identified within Spring Valley
PUMP No. 1)ties into the roadway, as street section A/PP-7 which shows a detached five-foot
(5') wide sidewalk on one side of the roadway, and an eight-foot (8') wide detached "hard
surface trail" on the other. Sheet PP-8 does not show the "hard surface trail" located adjacent
to Big Gulch Parkway in certain areas. The applicant should be required to provide a revised
Sheet PP-8 that details an eight-foot (8') wide "hard surface trail" located adjacent to the east
side of Big Gulch Parkway in its entirety. The revised preliminary plat should be provided
prior to the submittal of a final plat application.
• Pursuant to the requirement of the ACHD Commission staff report, date stamped by the City
on April 25, 2014,the applicant is required to provide a street connection between the existing
terminus of Hilargi Ct. and Erreka Dr. as a 36-foot wide local street. Therefore, the applicant
should be required to submit a revised preliminary plat that identifies a street connection
located between the existing terminus of Hilargi Ct. and Erreka Dr. The revised preliminary
plat should be provided prior to submittal of a final plat application.
• Sheets PP-10 &PP-11 of the preliminary plat show a 30-foot wide access roadway from the
terminus of Big Gulch Parkway to the well site located north of Lot 138,Block 3. The
preliminary plat identifies an "All weather access section"(C/PP-8)for the section of the will
access easement where the access easement connects to an existing road in proximity to the
domestic water well site,however it does not identify the condition or standards of the first
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2,080-feet of the existing road. Also, the preliminary plat does not delineate the location(s) of
the water line to the well. The applicant should provide a revised preliminary plat showing the
detail C/PP-8 (All Weather Access Section)for the entire length of the 30-foot wide well
access easement to the domestic water well(Sheets PP-10/PP-11). The revised preliminary
plat should also delineate the location of the domestic water line and associated easement to
the domestic water well site. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• Portions of Lots 2, 5, 26, 27, 28, 29, and 33, Block 3 and Lots 1 and 2, Block 2 are located
within the Native/Undisturbed areas within the HASC (Habitat Area of Special Concern) as
identified in the Planning Unit Master Plan #1, Habitat Mitigation Plan, Exhibit 4.B.d. The
Native/Undisturbed areas were not identified on the preliminary plat, date stamped by the City
on April 10, 2014, nor was a plat note provided identifying these areas. The applicant should
be required to place a deed restriction and/or a plat note that states portions of Lots 2, 5, 26,
27, 28, 29, and 33, Block 3 and Lots 1 and 2, Block 2 are Native/Undisturbed areas and there
should be no irrigation proposed within these areas. The Native/Undisturbed areas should be
clearly delineated on the plat. The applicant should provide verification of a deed restriction
and/or a plat note identifying the area and restrictions prior to the submittal of a final plat
application.
• The preliminary plat, date stamped by the City on April 10, 2014,identifies a four-six foot(4'-
6') wide soft surface trail and two (2) road crossings located within the Tesoro/Chevron
Pipeline Easement. The applicant should be required to provide written approval from
Tesoro/Chevron Pipeline for the regional trail and roadway crossing located within the
Tesoro/Chevron Pipeline Easement prior to the submittal of a final plat.
• In accordance with the requirements of Spring Valley PUMP No. 1, prior to the submittal of
the first final plat located within the planning area of PUMP No.1, the applicant should be
required to identify the mechanism for the permanent public use access and use of the
Regional Open Space and trails located within Spring Valley PUMP No.1. This mechanism
should be reviewed by the Parks and Pathways Commission for recommendation to the City
Council and shall be considered by the City Council at the time of final plat approval. Such
easements and/or assurance shall be noted on all plats.
• In accordance with the requirements of Spring Valley PUMP No. 1, the applicant should
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. The
applicant should be required to provide a trail/pathway plan that identifies how each
neighborhood will have access to the regional and community trail system and pedestrian
access to community amenities and public lands. The plan should be reviewed and approved
by the Parks and Pathway Commission and Design Review Board prior to the submittal of a
final plat application.
• In accordance with the requirements of Spring Valley PUMP No. 1, the SWA-9 planning area
as identified within the Spring Valley PUMP No. 1, should contain a minimum of 49 lots
located adjacent to open space. The preliminary plat, date stamped by the City on April 10,
2014, currently shows a total of 40 lots located adjacent to open space. Therefore, the
applicant should be required to provide a revised preliminary plat showing a minimum of 49-
lots located adjacent to open space with the SW-9 planning area as identified within the Spring
Valley PUMP No. 1. The revised preliminary plat should be provided prior to submittal of a
final plat application.
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• Sheet PP-8 of the preliminary plat, date stamped by the City on April 10, 2014, shows a storm
drainage pond and storm drain structures located within Lot 5, Block 3. This lot is located
within the Native/Undisturbed area, as identified in the Planning Unit Master Plan#1, Habitat
Mitigation Plan (Exhibit 4.B.d), provided within the Spring Valley PUMP No. #1, application
and as such, it should be left undisturbed. Therefore, the applicant should submit a revised
preliminary plat removing the storm drainage pond/structures from Lot 5, Block 3 prior to the
submittal of a final plat application.
• In accordance with the requirements of Spring Valley PUMP No. 1, the applicant shall provide
19.6-acres of regional open space and 69-acres of community open space. The applicant
should be required to provide a revised preliminary plat and calculations showing how this
requirement will be achieved. Detailed calculations have not been provided to date. The
applicant should be required to provide the revised preliminary plat and open space
calculations that include tabulations by lot/block and square footages of each type of open
space prior to the submittal of a final plat application.
• Pursuant to Eagle City Code 11A-3-7(P)(2), single family residential neighborhoods should
contain a minimum of six hundred (600) square foot common open space per lot of which a
minimum of fifty percent (50%) shall be an amenity area. An amenity area is defined as
ground with a slope of 10% or less. There are three separate neighborhoods proposed with the
preliminary plat.
Additionally, Spring Valley PUMP No. 1, Parks, Trails, and Open Space Plan, Exhibit 6.J,
identifies SWA-7 as having a total of 15.5-acres of open space, SWA-8 as having a total of
11.6-acres of open space, and SWA-9 as having a total of 5.0-acres of open space. Pursuant to
Eagle City Code 11A-13B-3(D)(3)(a)(1)), the open space should comply with the minimums
shown on Spring Valley PUMP No.1 Parks Trails and Open Space Plan (Exhibit 6.J) date
stamped by the City on March 19, 2014. The total open space identified in the Neighborhood
Open Space exhibit is not consistent with what was submitted for Exhibit 6.J. SWA-7
(Neighborhood 1) shows a total of 14.7-acres of open space, and SWA-9 (Neighborhood 3)
shows a total of 4.5-acres of open space.
Therefore, the applicant should be required to submit a revised Neighborhood Open Space
exhibit identifying where slopes exceeds 10%, the total open space by acreage/square footage,
percentage of "type" of open space (amenity/non-amenity), square footage of amenity open
space per neighborhood, and total open space to be consistent with the open space identified
on Exhibit 6.J (Parks Trails and Open Space Plan). See submitted Neighborhood Open Space
Exhibit, date stamped by the City of May 7, 2014 below:
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NEIGHBORHOOD OPEN SPACE TABLE
DESCRIPTION NEIGHBORHOOD 1 NEIGHBORHOOD 2 NEIGHBORHOOD 3
NUMBER OF LOTS 64 64 62
TOTAL OPEN SPACE 641,840 SF 507,805 SF 197,059 SF
OPEN SPACE PER LOT 10,030 SF 7,935 SF 3,178 SF
APPROXIMATE AMENITY
100.670 SF 46.295 SF 75,116 SF
OPEN SPACE
% AMENITY OPEN SPACE 16% 9% 38%
AMENITY OPEN SPACE 1,573 SF 723 SF 1,212 SF
PER LOT
LEGEND
APPROXIMATE LOCATION OF AMENITY OPEN SPACE
AREA FOR ACTIVE AND/OR PASSIVE RECREATION
NON AMENITY OPEN SPACE AREA
• In accordance with the requirements of Spring Valley PUMP No. 1, the proposed 5-acre
community park located on Lots 3 & 4, Block 2 should include recreational building,
swimming pool, sports courts, children's play structure, picnic area, and open turf area. The
final design for the 5-acre Community Park and amenities shall be reviewed and approved by
the Parks and Pathway Development Commission and Design Review Board prior to approval
by the City Council in conjunction with the submittal of the last final plat located within
Spring Valley PUMP No. 1, or the issuance of the 196th building permit located within the
area contained by Spring Valley PUMP No. 1, whichever comes first.
• In accordance with the requirements of Spring Valley PUMP No. 1, the applicant should
construct a regional trail head to be located within Lot 4, Block 2. The regional trail head
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should contain 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.
The final design for the trail head should be reviewed and approved by the Parks and Pathway
Development Commission and Design Review Board prior to approval by the City Council in
conjunction with the submittal of the last final plat within Spring Valley PUMP No. 1, or the
issuance of the 196th building permit located within the area contained by Spring Valley
PUMP No. 1, whichever comes first. A public access easement to the trailhead location and a
temporary access and parking easement at the trail head should be provided with the first final
plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Preliminary Plat
with conditions 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.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by 10 individuals who expressed the following concerns:
• Visibility, access, and traffic on State Highway 16.
• Impacts on local roads.
• Fire protection and emergency response.
• Water and irrigation demands due to the development of the area.
• 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
C. Oral testimony in favor of the application was presented by no one (other than the
applicant/representatives).
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed development is in conformance with the executed development agreement.
• In regard to the placement of the waste water treatment plant, plans changed based on
economic considerations.
• The removal of the equestrian center and subsequent development agreement modification
were based on economic considerations and a market study.
• The applicant needs to be cognizant of the impacts to neighbors.
• Aesthetics need to be addressed regarding the waste water treatment plant.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Smith absent)to recommend approval of the preliminary plat for Spring
Valley Subdivision No. 1 (PP-01-12) for M3 Companies, LLC, with the site specific and standard
conditions of approval as provided within 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.
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 staff has worked on this project and this PUMP application by
itself put in 347 hours since it was filed this application and when this application was filed in
October including the Title 11 and development standards there has been 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 conducting ongoing monitoring of the water wells since the water right was
approved three years ago.
C. Oral Testimony neither in favor nor against to this proposal was provided 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.
• 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 Deputy Chief/Fire Marshal Kurt
McClenney and Chief Mike Winkle clarifying jurisdiction and the need for secondary access
to the project under the Eagle Fire District
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:
• The number of conditions on the preliminary plat 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
• 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.
• IDWR's approval of the water right and the potential need for mitigation if wells are impacted.
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• Historical flooding in the area being developed •
• Removal of private equestrian facility
• Limited fire access with a single access road from SH 16.
• Confusion over which fire district has jurisdiction over the first phase of the development
versus the overall project area.
• 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
equestrian users.
• Concerns about vision creep and the need to be diligent in requiring M3 to conform to the
development agreement.
COUNCIL DELIBERATION:
Upon closing the public hearing,the Council discussed during deliberation that:
• Impacts of the recession since the initial entitlement in 2007.
• The proposed PUMP/preliminary plat is consistent with the development agreement and many
of the issues brought forward are not under the jurisdiction of the City or were addressed at the
time of the initial entitlement in 2007.
• 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 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:
The Council voted 4 to 0 to approve Spring Valley Subdivision No. 1 (PP-01-12) for M3 Companies,
LLC, with the following Planning and Zoning Commission recommended site specific and standard
conditions of approval with strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the amended and restated development agreement associated
with rezone application RZ-19-06 (Ada County instrument #114006036) and subsequent
modifications.
2. Comply with the Site Specific Conditions of Approval and Standard Conditions of Approval of the
Spring Valley Planned Unit Master Plan (PUMP)No. 1, application PU-01-12.
3. Comply with all requirements of the City Engineer.
4. The applicant shall submit payment to the City for all city attorney and engineering review fees
incurred for reviewing this project,prior to the City Clerk signing the final plat.
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5. The developer shall remove all structures (houses and accessory structures - as designated on the
preliminary plat "to be removed" from the site) prior to the City Clerk signing the final plat.
Demolition permits shall be obtained prior to the removal of said structures. Applicable agency
approvals for the removal of the existing wells and septic tanks (associated with the existing
residences that are to be removed) shall be provided to the City prior to the City Clerk signing the
final plat.
6. Provide a revised preliminary plat with new plat notes identifying location and for whom the
access easements are being provided. The revised preliminary plat shall be provided prior to
submittal of a final plat application.
7. Provide a revised preliminary plat identifying the separate residential "neighborhoods" as shown
within Spring Valley PUMP No. 1. The revised preliminary plat shall also show all re-
vegetation/upland areas consistent with Spring Valley PUMP No.1. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
8. Provide a revised preliminary plat with a new plat note which indicates, maintenance/landscaping
of the drainage swales located within the Upland/Revegetation areas as identified within the
Habitat Mitigation Plan shall be restricted, and pursuant to the Habitat Mitigation Plan, the
drainage swales located within the Upland Revegetaion areas shall not to be altered or landscaped.
The plat note shall be reviewed and approved by the City Attorney prior to submittal of the revised
preliminary plat. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
9. Provide a revised preliminary plat identifying the top of bank for both the Farmers Union Canal
and the Big Gulch Channel. The revised preliminary plat shall be submitted prior to the submittal
of a final plat application.
10. The applicant shall provide a revised preliminary plat identifying an ingress/egress easement/right-
of-way providing access to Farmers Union Ditch Company for the operation and maintenance of
their facility. The easement/right-of-way shall be 25-feet in width measured from the top of bank
on both sides of the Farmers Union Canal. The applicant shall provide written approval from the
Farmers Union Ditch Company for any improvements proposed within the easement/right-of-way
area. The revised preliminary plat shall be provided prior to the submittal of a final plat
application.
11. The applicant shall provide written approval from the Farmers Union Ditch Company for the
regional trail and roadway crossing of the canal facilities prior to the submittal of a final plat
application.
12. The applicant shall provide a revised conceptual grading plan that identifies all slope percentages.
The applicant may be required to provide slope easements in the future at the recommendation of
the City Engineer. The applicant shall provide a revised conceptual grading plan prior to the
submittal of a final plat application.
13. Provide a revised Boundary/Site Plan (PP-1) of the preliminary plat identifying a driveway access
onto Big Gulch Parkway to Lot 6, Block 3, (Domestic Water Well site). The revised preliminary
plat shall be provided prior to submittal of a final plat application.
14. Provide a stub street from Aldean Way to the adjacent "future development" parcel (Lot 138,
Block 3). The applicant shall provide a revised preliminary plat identifying the stub street prior to
the submittal of a final plat application. ECC 11A-12C-2-1(C)
15. The applicant shall construct a temporary cul-de-sac to be located within a temporary easement at
the terminus of Big Gulch Parkway. The applicant shall provide a revised preliminary plat
showing the cul-de-sac prior to the submittal of a final plat application. ECC 11A-12C-2-1(C).
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16. Provide a revised sheet PP-7 of the preliminary plat showing a curb cut from Big Gulch Parkway
to the adjacent property located at 8600 W. Equest Lane(Parcel#R3314130200)to be a minimum
of 36-feet in width (back of curb to back of curb) to allow for a future roadway should the parcel
be developed in the future. The revised preliminary plat shall be provided prior to submittal of a
final plat application. ECC 11A-12C-2-1(C)
17. The applicant shall provide a revised preliminary plat identifying where rolled curb/gutter will be
used within the development prior to submittal of a final plat application.
18. Provide a revised preliminary plat with pathway cross sections that detail what materials the "hard
surface" and "soft surface" trails are proposed to be constructed of. The proposed materials shall
be reviewed and approved by the Parks and Pathway Commission, Design Review Board, and the
City Engineer prior to the submittal of a final plat application.
19. Provide a revised Sheet PP-8 that details an eight-foot (8') wide "hard surface trail" located
adjacent to the east side of Big Gulch Parkway in its entirety. The revised preliminary plat shall be
provided prior to the submittal of a final plat application.
20. The applicant shall provide a revised preliminary plat showing a street connection located between
the existing terminus of Hilargi Ct. and Erreka Dr. as a 36-foot wide local roadway prior to the
submittal of a final plat application.
21. The applicant shall provide a revised preliminary plat showing the detail C/PP-8 (All Weather
Access Section) for the entire length of the 30-foot wide well access easement to the domestic
water well (Sheets PP-10/PP-11). The revised preliminary plat shall also delineate the location of
the domestic water line and associated easement to the domestic water well site. The revised
preliminary plat shall be provided prior to submittal of a final plat application.
22. The applicant shall place a deed restriction and/or plat note that states portions of Lots 2, 5, 26, 27,
28, 29, and 33, Block 3 and Lots 1 and 2, Block 2 are Native/Undisturbed areas and there shall be
no irrigation proposed with the areas identified as Native/Undisturbed areas. The
Native/Undisturbed areas shall be clearly delineated on the preliminary plat. The applicant shall
provide verification of a deed restriction and/or a revised preliminary plat with a new plat note
identifying the area and restrictions prior to the submittal of a final plat application.
23. Provide a revised preliminary plat which identifies the Ada County instrument number associated
with the recordation of the Tesoro/Chevron pipeline easement. The revised preliminary plat shall
be provided prior to submittal of a final plat application.
24. Provide written approval from Tesoro Pipeline for the regional trail and roadway crossing located
within the Tesoro Pipeline Easement prior to the submittal of a final plat application.
25. Prior to the submittal of the first final plat located within the planning area of Spring Valley
PUMP No.1, the applicant shall identify the mechanism for the permanent public use access and
use of the Regional Open Space and trails located within Spring Valley PUMP No.1. This
mechanism shall be reviewed by the Parks and Pathway Development Commission for
recommendation to the City Council and shall be approved by the City Council at the time of final
plat approval. Such easements and/or assurance shall be noted on all plats.
26. Provide a trail/pathway plan that identifies how each neighborhood will have access to the regional
and community trail system and pedestrian access to community amenities and public lands. The
plan shall be reviewed and approved by the Parks and Pathway Commission and Design Review
Board prior to submittal of a final plat application.
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27. ' •• •.. . . . • . •• . . ..•. . - -. • .. -
with the SW 9 planning area as identified within the Spring Valley PUMP No. 1. The revised
28. The applicant shall submit a revised preliminary plat removing the storm drainage pond/structures
from the Native/Undisturbed areas located on Lot 5, Block 3 prior to the submittal of a final plat
application.
29. Provide a revised preliminary plat showing 19.6-acres of regional open space and 69-acres of
community open space. The applicant shall also provide open space calculations showing how
this requirement will be achieved. The applicant shall provide the revised preliminary plat and
open space calculations that include tabulations by lot/block and square footages of each type of
open space prior to the submittal of a final plat application.
30. The applicant shall submit a revised Neighborhood Open Space exhibit identifying slopes that
exceeds 10%, total open space by acreage/square footage, percentage of "type" of open space
(amenity/non-amenity), square footage of amenity open space per neighborhood, and total open
space to be consistent with the open space identified on Planning Unit Master Plan#1, Exhibit 6.J
(Parks Trails and Open Space Plan). The Neighborhood Open Space exhibit shall be provided
prior to submittal of a final plat application. ECC 11A-3-7(P)(2)
31. The proposed 5-acre community park located on Lots 3 and 4, Block 2 shall include a recreational
building, swimming pool, sports courts, children's play structure, picnic area, and open turf area.
The final design for the 5-acre community park and amenities shall be reviewed and approved by
the '.. . . '. .- .. --- - • -- . Design Review Board prior to approval by
the City Council in conjunction with the submittal of the last final plat located within Spring
Valley PUMP No. 1, or the issuance of the 196th building permit located within the area contained
by Spring Valley PUMP No. 1, whichever comes first.
32. The applicant shall construct a regional trail head to be located within Lot 4,Block 2. The regional
trail head shall contain 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.
The final design for the trail head shall be reviewed and approved by the Parks and Pathway
Development Commission and Design Review Board prior to approval by the City Council in
conjunction with the submittal of the last final plat within Spring Valley PUMP No. 1, or the
issuance of the 196th building permit located within the area contained by Spring Valley PUMP
No. 1, whichever comes first. A public access easement to the trailhead location and a temporary
access and parking easement at the trail head shall be provided with the first final plat.
33. As part of the Design Review application, the applicant shall be required to submit a lighting plan
for the all pathways/trails constructed pursuant to Eagle City Code 11A-3-9(D).
34. The developer shall provide a landscape plan to be reviewed and approved by the Design Review
Board showing the required improvements (berming, landscaping, sidewalks/trails, etc.) within the
common lots pursuant to Eagle City Code 11A-3-7. Additionally, the landscape plan shall show
shade-class trees along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review
Board. Where detached sidewalk is being proposed, the trees shall be located in an 8-foot wide
landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk
signing the final plat the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping. ECC 11A-
3-7
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35. The applicant shall submit a plan for the management of open space and common facilities. The
applicant shall submit the plan prior to the submittal of a final plat application. ECC-11A-13C-6
(C)(b).
36. 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 (ECS, Inc.). Prior to the
submittal of a final plat application, the applicant shall provide CC&R's for the City's review that
addresses an adaptive management, perpetual funding, and an oversight mechanism for the habitat
as well as enforcement and assessment authority in the event the property owners fails to fund its
proportionate share of the costs
37. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the applicable zoning and subdivision regulations at the time of issuance of a
building permit or as specifically approved and/or required."
38. Provide a revised preliminary plat with a revised plat note No. 2 indicating that Lot 2, Block 2, is
designated for a waste water treatment plant. The revised preliminary plat shall be provided prior
to submittal of a final plat application.
39. Provide clarification regarding the location of the proposed sewer treatment plant and whether the
Eagle Sewer District will be the owner of Lot 2, Block 2, or a portion of the lot. Should the Eagle
Sewer District only require ownership of a portion of Lot 2, Block 2, the applicant should provide
a revised preliminary plat showing a new lot for the location of the sewer treatment plant. The
revised preliminary plat should be provided prior to submittal of a final plat application.
40. Provide a revised preliminary plat with a new plat note calling out an ingress/egress easement
located on Lot 2, Block 3, in favor of the residence located at 5002 North Highway 16. The
revised preliminary plat shall also show the location of the ingress/egress access easement. The
revised preliminary plat shall be provided prior to the submittal of a final plat application.
41. Provide a revised preliminary plat indicating the exact easement location for the proposed well site
located north of Lot 138, Block 3. The revised preliminary plat shall also contain a new plat note
identifying the ingress/egress access easement on Lot 138, Block 3, for the domestic water well.
The revised preliminary plat shall be provided prior to the submittal of a final plat application.
42. Vacate the utility and irrigation easements shown to be vacated on the preliminary plat, date
stamped by the City on April 10, 2014. The utility, power, and easements shall be vacated prior to
submittal of a final plat application. In the event any existing irrigation (access) easement(s)
benefiting the Schirmer property are vacated, substitute easements shall be shown on the final plat.
43. Provide a revised preliminary plat with plat note#3 on pages PP-2 through PP-6, revised to read,
"Portions of this property are in Zone A of the Flood Insurance Rate Map No. 16001C0130 H
Community Panels No. 0130 H, which bears a revised effective date of February 19, 2003. Flood
plain line to be revised per the Conditional Map Letter of Map Revision Case No. 13-10-1031R,
upon the completion of the construction of the flood channel." The revised preliminary plat shall
be provided prior to the submittal of a final plat application.
44. Construct Big Gulch Channel in conformance with the FEMA approved CLOMR and the city
approved flood plain development permit. Upon completion of the portion of Big Gulch Channel
associated with Spring Valley Subdivision No. 1, the applicant shall submit a Letter of Map
Revision(LOMR)to FEMA prior to the issuance of any building permits associated with the site.
45. Equest Lane shall be closed prior to the issuance of any residential building permits within the
development.
46. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
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otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal
of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's
direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
47. All fencing located adjacent to open space and on the street side of all corner lots shall be an open
fencing style such as wrought iron or other similar decorative style, durable fencing material. The
CC&Rs shall contain a provision regulating the style of fencing to this effect.
48. All overhead power lines shall be buried or a surety should be provided for the burial of the
overhead power lines prior to the City Clerk signing the final plat.
49. The Spring Valley Subdivision shall remain under the control of one Homeowners Association.
50. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association. ECC 11A-13D-1-
9(C).
51. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty
to maintain the pressurized irrigation system and all common landscape areas in the subdivision
are maintained in a competent and attractive manner, including the watering, mowing, fertilizing
and caring for shrubs and trees in perpetuity.
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.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Environmental Quality approval of the sewer and water facilities is required
prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
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7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9 4 1 9(C) 11A-13D-1-9(C), which provides overriding and
additional specific criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company,ditch association, drainage district,drainage entity
or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
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The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Title 11A,Eagle City Code, prior to the City Engineer signing the
final plat.
15. An approval letter from the fire department/district having jurisdiction over the proposed
subdivision shall be submitted to the City prior to the City Engineer signing the final plat. The
letter shall include the following comments and minimum requirements, and any other items of
concern as may be determined by the fire department/district officials:
a. The applicant has made arrangements to comply with all requirements of the fire
department/district.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
fire department/district prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the fire department/district prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the fire
department/district prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area or any other area designated by the City
Council or Park and Pathway Development Commission for a path or walkway shall be approved
in writing by the Park and Pathway Development Commission and Design Review Board prior to
approval of the final plat by the City Council.
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20. Conservation and recreation access easements (if applicable) shall be approved by the Park and
Pathway Development Commission and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Title 11A, Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to the City Engineer signing the
final plat.
23. 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.
24. Basements in homes in the flood plain are prohibited.
25. The Americans with Disabilities Act, Uniform Building Code, Title 11A, Eagle City Code, Eagle
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 Title 11A,
City of Eagle Codes unless specifically approved by the Commission and/or Council.
26. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
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.
27. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9 6 5 (A)(2)11A-13F-5).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
28. In accordance with Title 11A-13B-4E, Eagle City Code, failure to obtain a recorded final plat for
null and void, unless a time extension is granted by the City Council Approval Period: The final
plat shall be filed with the County Recorder within one (1) year after the date of written approval
by the City Council. Otherwise such approval shall become null and void unless the subdivider,
prior to said expiration date, applies for an extension of time and such extension is granted by the
City Council.
29. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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30. The City's actions on the 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.
31. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
32. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
33. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
34. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, December 6,
2012, 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, and revised applications were
submitted on October 3, 2013, a revised preliminary plat was submitted on April 10, 2014.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on April 28, 2014. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 28, 2014. Requests for agencies' 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 May 8, 2014.
Notice of Public Hearing on the application for the City Council was published in 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 the Eagle City Code on July 29, 2014.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-06-
12) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 11A because:
a. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 11A, and
the Spring Valley Development Agreement, as shown within the findings provided within
this document and the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan;
i. Pursuant to ECC 11A-13B-3(D)(4) within forty five(45) days after receiving the Planning
and Zoning Commission's recommendation , the City Council may approve, conditionally
approve, or deny a preliminary plat, The Planning and Zoning Commission's
recommendation was issued on June 2, 2014, but due to notification issues pursuant to
ECC 11A-8-13-E3, the public hearing before the City Council was not held until August
26, 2014;
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b. The subdivision will be in conformance with the Planned Unit Master Plan (PUMP)(PU-01-
12), or will be conditions of approval as set forth within the conditions of approval herein;
c. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water and sewer; or is
conditioned to be served,by adequate public facilities;
d. That there are no known capital improvement programs for which this development would
prevent continuity;
e. That based upon agency verification and additional written comments of the Ada County
Highway District, Eagle Sewer District, and Idaho Transportation Department indicate that
adequate public facilities exist, or are expected to be provided as conditioned herein, there is
adequate public financial capability to support the proposed development;
f. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
DATED this 10th day of November, 2014
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
It.4. ID gag.,
J es D. Reynolds, :yor
1.1.*OF '•
QOR A TF si
ATTEST: U v 0, �~ �
Sharon K. Bergmann,Eagle City C -rk �•'•.�, ATE•�••O••,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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