Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
Development Agreement - 2014 - Amended And Restated M3 Eagle - 1_15_2014ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 .288-BOISE IDAHO 01/24/14 08:10 AM z,o-a,DEPUTY Lisa Batt
RECORDED—REQUEST OF III 11E11111111IIIIIII111111IIIIII III
Eagle City 1 14006036
Recording Requested By and
When Recorded Return to:
Planning &Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes
Do Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
by and between
CITY OF EAGLE
and
M3 EAGLE L.L.C.
Upon the recordation of this Amended and Restated Development Agreement in the official
records of Ada County, Idaho,that certain Pre-Annexation and Development Agreement, recorded
in the official records of Ada County, Idaho, on December 27,2007, as Instrument Number
107170114 shall be null and void and of no further force or effect.
TABLE OF CONTENTS
DEFINITIONS 1
RECITALS 6
1. MASTER PLANS; PLANNING UNIT PLANS. 8
1.1 Conditions of Development 8
1.2 Planned Development 8
1.3 Mitigation 9
1.4 Planning Concept 9
1.5 Master Phasing Plan 11
1.6 Planning Unit Master Plan (PUMP) 11
1.7 Allocation; Density 12
1.8 Additional Property 12
1.9 Term 13
2. INFRASTRUCTURE AND SERVICES 13
2.1 Traffic & Circulation 13
2.2 Water 15
2.3 Wastewater Treatment and Disposal 17
2.4 Storm Water Drainage 17
2.5 Public Facilities 18
2.6 Parks,Trails and Open Space 20
2.7 Planning Unit Master Environmental Design Plan 21
2.8 Construction 22
2.9 Infrastructure Assurance 22
2.10 Public Infrastructure Development Fee Credit; Reimbursement 22
3. REGULATION OF DEVELOPMENT. 23
3.1 Regulation of Development 23
3.2 Amendment 24
3.3 Changes to Zoning and Development Program 24
3.4 Vested Rights. 24
4. PROJECT GOVERNANCE. 25
4.1 Governance Entities 25
4.2 Development Standards 25
4.3 Design Guidelines 25
5. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION. 25
5.1 Compliance Reviews 25
5.2 Agreement to Cooperate 25
5.3 Default 25
5.4 Dispute Resolution/Remedies 26
5.5 Prevailing Party 26
6. NOTICES AND FILINGS. 26
6.1 Manner of Serving 26
6.2 Mailing Effective 27
7. MISCELLANEOUS. 27
7.1 Operations During Construction 27
7.2 Termination Upon Sale to Public 27
7.3 Termination Upon Completion of Development 27
7.4 Mortgage Provisions 27
ii
8. GENERAL. 28
8.1 Waiver 28
8.2 Counterparts 28
8.3 Headings 28
8.4 Exhibits and Recitals 28
8.5 Further Acts 28
8.6 Time of Essence 28
8.7 Successors and Assigns 28
8.8 No Partnership; Third Parties 29
8.9 Entire Agreement 29
8.10 Construction 29
8.11 Names and Plans 29
8.12 Severability 29
8.13 Choice of Law 29
8.14 Recordation 29
8.15 No Developer Representations 30
8.16 Good Standing; Authority 30
LIST OF TABLES
Table 1 Project Density Allocation Summary
Table 2 Estimate of Timing for Development of Each Planning Area
Table 3 Mitigation—Constrained to Unconstrained Acres
LIST OF EXHIBITS:
Exhibit A Legal Description of the Property
Exhibit B Spring Valley Planning Area Map
Exhibit C Spring Valley Zoning Map
Exhibit D Spring Valley Master Plan
Exhibit D1 Big Gulch Planning Area
Exhibit D2 Northern Residential Planning Area
Exhibit D3 Southern Residential Planning Area
Exhibit D4 Southwestern Residential Planning Area
Exhibit D5 Highway Mixed-Use/Business Park Planning Area
Exhibit E Conceptual Development Plan
Exhibit F Master Phasing Plan
Exhibit G Regional Circulation Plan
Exhibit H Master Streets & Circulation Plan
Exhibit I Master Parks,Trails and Public Facilities Plan
Exhibit J Constrained Lands
Exhibit K BLM Land Exchange Map
Exhibit L Conditional Letter of Map Revision
Exhibit M Grading Guidelines and Hillside Development Standards
Exhibit N Habitat Mitigation Plan
iii
DEFINITIONS
ACHD" is the Ada County Highway District.
ACHD Traffic System" is roadways under the jurisdiction of Ada County Highway District.
Additional Property" is all or any portion of real property now owned, or which may become
owned, by Developer and which is adjacent to or proximate to the Property.
Agreement" is this Amended and Restated Development Agreement inclusive of all Exhibits, as
may be amended from time to time.
Annexation and Rezoning Ordinances" includes City Ordinance No. 634 that duly annexed the
real property described in the Original Development Agreement into City, which Ordinance 634 was:
adopted by the City Council on November 10, 2009; was published on December 21, 2009; was recorded
in the real property records of Ada County, Idaho, on November 19, 2009 as Instrument No. 109129735;
and includes any and all Annexation and Rezoning Ordinances in connection with Additional Property.
Base Project Density" is the total gross residential density for the Project, as set forth in
Table 1 (which equals 3,008 dwelling units), prior to application of Bonus Density provisions.
BLM" is the U.S. Bureau of Land Management.
BLM Lands" are the lands that are owned by the BLM in the area designated in the Eagle
Comprehensive Plan as the "North Eagle Foothills Planning Area."
Bonus Density" is additional density allocated as set forth in section 1.4 below.
CC&Rs" are the Covenants, Conditions and Restrictions, that shall encumber the Property and
which shall govern the Project through one or more Owners' Associations that shall establish quality
control through the Property both during development and during maturing of the community.
City" is the City of Eagle, Idaho.
City BLM Lands" are the approximately 1,915 acres contained in the two BLM-owned parcels
contiguous to the southern border of the Project that City has made application to acquire through long-
term lease or purchase for the Eagle Regional Park, through the Federal Recreation and Public Purpose
Act.
CLOMR" is the Conditional Letter of Map Revision, dated August 21, 2009, and revised on
November 8, 2013, issued by FEMA signifying FEMA's intent to revise its floodway maps to remove areas
from designated floodways, attached hereto as Exhibit N.
Community Center" is a site approximately 100-150 acres in size with up to 350,000 square
feet of Non-Residential Use and contains the highest density and greatest variety of uses and civic
buildings of regional importance. A Community Center may have larger blocks; streets have uniform
street tree plantings and buildings set close to the frontages. A Community Center may include a mix of
office, retail, commercial, institutional, civic, residential, hotel and recreation uses.
Community Open Space" is land which is set aside for recreation, agriculture, habitat,
vegetation, scenic or similar uses primarily to serve the Spring Valley community and as shown on
Exhibit I. Community Open Space may be owned and maintained by an Owners' Association, a private
landowner, or other entity.
Community Park" is a park containing 8 or more acres that will include active and passive areas
designed to serve the Spring Valley community.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 1
Community Trail" is a public trail designed to serve Spring Valley. Some community trails will
connect to Regional Trails and Open Space.
COMPASS" is the Community Planning Association of Southwest Idaho.
Constrained Lands" are those lands within the Property with slopes in excess of 25%, lands
within a FEMA-identified floodway, and lands defined as habitat areas of special concern as set forth on
Exhibit J.
Date of Application" is the date Developer's applications to City for annexation, comprehensive
plan amendment and rezoning in connection with the Property (collectively, the "Application") were
deemed complete by City. The Date of Application is August 23, 2006.
Developer" is M3 Eagle L.L.C., a Texas limited liability company, and all successors in title and
interest to Developer who undertake development of the Property.
Development Plan" is the overall plan for the Project, which Development Plan is depicted on
Exhibit E.
Development Rights" is development allowed to be undertaken by Developer in accordance
with this Agreement.
Drainage System" is a drainage and flood control system and facilities for collection, diversion,
detention, retention, dispersal, use and discharge of drain water.
EASD" is the Eagle Architecture and Site Design Book.
Eagle Comprehensive Plan" is Eagle's 2007 Comprehensive Plan, as may be amended from
time to time.
Eagle Fire District" is the Eagle Fire Protection District.
Eagle Regional Park" is the lands City seeks to acquire from BLM (also referred to herein as
City BLM Lands"), which, when combined with land presently owned by Developer, as more fully
provided herein, would comprise the Eagle Regional Park site, as depicted on Exhibit I.
FEMA" is the U.S. Federal Emergency Management Agency.
Fiber Optics Easement" is an easement within public streets for the installation, operation, and
maintenance of any public or private fiber optics or telecommunications facilities, as described further
herein.
Grading Guidelines and Hillside Development Standards" are those certain Grading
Guidelines and Hillside Development Standards, approved by City for Spring Valley on November 24,
2009, in connection with Eagle City file number RZ-19-6 MOD, and attached hereto as Exhibit L.
Habitat Mitigation Plan" is that certain Habitat Mitigation Plan, dated November 12, 2010,
reviewed and provided with an adequacy statement by City's consultant and presented to City's Council
on January 11, 2011, which Habitat Mitigation Plan is attached hereto as Exhibit M.
Hotel/Resort" is an establishment providing lodging, food and beverage services, meeting
rooms, exercise and spa services and other related facilities. Hotel/Resort rooms are not considered
residential dwelling units within the context of any density calculations or allowable densities set forth in
this Agreement.
IDEA" is the Idaho Department of Environmental Quality.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-2
IDFG" is the Idaho Department of Fish & Game.
IDWR" is the Idaho Department of Water Resources.
Irrigation System" shall be effluent (including reuse) or other systems used for storage, delivery
and use of treated effluent on site, any water right or entitlement associated with ditch company shares,
any surface water or ground water right (excluding Permit # 63-32573 or any existing or future water
rights held by the City) or any additional water right or permits that may be associated with irrigation,
aesthetics, amenities, or Open Space purposes. Connection to the Water System shall be consistent
with paragraph 2.2(a) of this Agreement.
ITD" is the Idaho Transportation Department.
ITD Traffic System" is roadways under the jurisdiction of Idaho Transportation Department.
Master Drainage Study" is that certain Preliminary Master Drainage Study, dated June 14,
2006, prepared for Developer, as may be amended from time to time.
Master Habitat Study" is that certain Final Habitat Study and Natural Features Analysis, dated
June 2006, prepared for Developer, as may be amended from time to time.
Master Phasing Plan" is the phasing plan depicted on Exhibit F.
Master Traffic Study" is that certain Traffic Impact Study, dated June 26, 2006, prepared for
Developer, as may be amended from time to time.
Master Wastewater Study" is that certain Preliminary Master Wastewater Study, dated June 14,
2006, prepared for Developer, as may be amended from time to time.
Master Water Study" is that certain Preliminary Master Potable Water Study, dated June 14,
2006, prepared for Developer, as may be amended from time to time.
Maximum Density" is the total maximum gross residential density for the Project as provided in
this Agreement after application of Bonus Density provisions. The Maximum Density is approximately
1.19 dwelling units/acre or 7,160 dwelling units and 245 acres of Non-Residential Uses.
Maximum Planning Area Density" is the maximum gross residential density for each Planning
Area as described on Table 1.
Mitigation" is the process of converting Constrained Lands to Unconstrained Lands by
application of the: City-approved Grading Guidelines and Hillside Development Standards; the City-
approved Habitat Mitigation Plan; and the CLOMR by FEMA.
Mortgage" is any lien placed upon the Project, or any portion thereof, including the lien of any
mortgage or deed of trust, as a pledge of real property to a creditor as security for performance of an
obligation or repayment of a debt.
Municipal Water Right Application" is that certain application dated November 22, 2006 and
amended August 27, 2007 and filed by Developer with the Idaho Department of Water Resources.
Neighborhood Center" is a site approximately 40-60 acres in size with up to 150,000 square
feet of Non-Residential Use and may include higher density mixed-use building types. Neighborhood
Centers are planned to accommodate local retail uses such as grocery stores; drug stores; restaurants;
neighborhood service tenants; and golf clubhouses as well as civic, institutional, residential, hotel and
recreation uses; and office uses for local and major employers. Neighborhood Centers may contain a
tight network of streets, with wide sidewalks, uniform street tree planting and buildings set close to the
frontages. The shape of Neighborhood Centers is subject to terrain, access, and other site variables.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-3
Neighborhood Park' is a park containing 3 or more acres that will include active and passive
areas designed to serve individual neighborhoods or a combination of neighborhoods within Spring
Valley.
Neighborhood Trail" is a trail designed to serve a neighborhood or combination of
neighborhoods and may connect to a Regional Trail, Community Trail, and Open Space. Neighborhood
Trails may be public or private.
Non-Residential Use" may include retail and office related uses. Non-Residential Use does not
include public and/or civic uses.
North Eagle Foothills Planning Area" is a planning area generally described in the Eagle
Comprehensive Plan.
Open Space" is land which is set aside 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 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 the Project shall be 20% of the Project area or 1,203 acres.
The minimum amount of Open Space within any Planning Area shall be 15% of the total gross acres of
the Planning Area.
Original Development Agreement" is that certain Pre-Annexation and Development
Agreement, recorded in the real property records of Ada County, Idaho on December 27, 2007, as
Instrument No. 107170114.
Owners' Association" is one or more non-profit entities created or to be created by Developer,
that shall be responsible for, without limitation, the perpetual management of the Common Area, as such
is defined in CC&Rs encumbering or to encumber the Property, which management is at the expense of
the ultimate owners of the Project.
P&Z Commission" is Eagle City Planning &Zoning Commission.
Party or Parties" is, individually or collectively, the parties to this Agreement.
Planning Area(s)" are the five individual Planning Areas that make up Spring Valley as further
depicted on Exhibit B and described in Exhibit(s) D, D1, D2, D3, D4 and D5, which exhibits elaborate on
the planning goals and uses for the Property.
Planning Unit" is a distinct parcel of land, or combination of parcels within the Property that is
linked to other Planning Units throughout the Property through an integrated circulation system and
overall thematic character that defines the Project.
Planning Unit Developer" is the developer of all or a portion of a Planning Unit.
Planning Unit Master Plan (PUMP)" is the guide to development of all or a portion of a Planning
Unit and includes, individually and collectively, a Planning Unit Master Land Use Plan, Planning Unit
Master Drainage Plan, Planning Unit Master Street & Circulation Plan, Planning Unit Master Potable
Water Plan, Planning Unit Master Wastewater Plan, Planning Unit Master Pressurized Irrigation Plan,
Planning Unit Master Parks, Trails & Open Space Plan, Planning Unit Master Public Facilities Plan, and
Planning Unit Master Environmental Design Plan applicable to a particular Planning Unit or portion
thereof, and which is developed based on, and consistent with, the Project Master Plan. Planning Unit
Master Plans can represent one or more phases within a Planning Area.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-4
Project" is the approximately 6,017 acres located in Ada County, Idaho, legally described on
Exhibit A, plus any Additional Property that may later be added to the Project, which Project includes the
real property annexed into the City with the Annexation and Rezoning Ordinances, and also the real
property annexed into the City with Ordinance No. 681, approved by the City Council on September 25,
2012 and published on October 1, 2012. The Project is also sometimes referred to herein as "Spring
Valley" and/or the"Property."
Project Master Plan" is the guide to development of the Project as a whole and includes,
individually and collectively, the Master Phasing Plan, Master Drainage Study, Master Street & Circulation
Plan, Regional Circulation Plan, Master Water Study, Master Wastewater Study, Master Parks, Trails &
Public Facilities Plan, and Master Habitat Study, all as may be amended from time to time.
Property" is the approximately 6,017 acres located in Ada County, Idaho, legally described on
Exhibit A, plus any Additional Property that may later be added to the Project, which Property includes
the real property annexed into the City with the Annexation and Rezoning Ordinances, and also the real
property annexed into the City with Ordinance No. 681, approved by the City Council on September 25,
2012 and published on October 1, 2012. The Property is also sometimes referred to herein as "Spring
Valley"and/or the"Project."
Public Infrastructure" is infrastructure facilities and services improvements, including, without
limitation, on-site roads, sewer, water and irrigation facilities, pathways and underlying lands that are
owned or to be owned by City or third-party public service providers.
Regional Hydrogeologic Study" is that certain Regional Hydrogeologic Characterization North
Ada, Canyon and Gem Counties, Idaho, Year One Progress Report, dated May 4, 2007, which may be
amended from time to time.
Regional Open Space" is land which is set aside for Open Space used by the general public
and which is adjacent to or provides connection to large scale Regional Open Space within the North
Eagle Foothills Planning Area and as shown on Exhibit I. Regional Open Space may be active (Regional
Parks and Trails) or passive (hillside areas, conservation areas, picnic areas, agricultural and grazing
areas, undeveloped tracts of land and similar areas). Regional Open Space may be owned and
maintained by City, Owners'Association, land trust or conservation group, or other entity.
Regional Park' is a park containing 20 or more acres that will contain ball fields and other active
areas to serve the entire North Eagle Foothills Planning Area and the City of Eagle.
Regional Trail" is a public trail that will serve the north foothills area and connect to public lands.
School District" is the Joint School District#2.
Sewer District" is the Eagle Sewer District.
Star Fire District" is the Star Joint Fire Protection District.
Term" is the duration of this Agreement as set forth herein.
Treatment Facility(ies)" is the sewage treatment facility and delivery system that also produces
treated effluent to use for irrigation.
Unconstrained Lands" are those lands within the Property with slopes under 25%, lands not
within a FEMA-identified floodway, lands not defined as habitat areas of special concern as set forth on
Exhibit J, or lands that were Constrained Lands at one time, but have undergone Mitigation.
Wastewater System" is a wastewater collection, storage, treatment, and disposal system to
treat and dispose of wastewater generated at the Property that includes, without limitation, Treatment
Facility(ies), major sewer lines and wastewater pumping stations, where required.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-5
Water System" is a water production, storage, treatment, and delivery system to serve all
municipal uses on the Property that includes, without limitation, wells, reservoirs, pumps, diversion
structures, water transmission and distribution pipes and related plumbing, pump houses, well houses,
water treatment facilities, water storage tanks, and meters, together with water rights currently consisting
of Permit No. 63-32573 authorizing the diversion and use of ground water for municipal purposes.
Zoning Administrator" is the administrator of the Eagle Planning &Zoning Department.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-6
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement") is
entered into by and between the CITY OF EAGLE, a municipal corporation organized and existing under
the State of Idaho, by and hrough it Mayor ("City") and M3 Eagle L.L.C., a Texas limited liability
company("Developer") this 10day of Qom , 2013.
RECITALS
A.Developer and City entered into that certain Pre-Annexation and Development
Agreement, recorded in the real property records of Ada County, Idaho on December 27, 2007, as
Instrument No. 107170114 (the "Original Development Agreement"), pursuant to the provisions of:
Idaho Code, Sections 50-222; 50-301; 67-6508; 67-6511; 67-6512; and 67-6511 A; and Eagle City Code,
Title 8, in order to facilitate the annexation, comprehensive planning, zoning designation, adoption of
Annexation and Rezoning Ordinances and development of Property. Upon the recordation of this
Agreement in the official records of Ada County, Idaho, the Original Development Agreement shall be null
and void and of no further force or effect.
B. On August 21, 2009, FEMA issued its Conditional Letter of Map Revision, which
Conditional Letter of Map Revision was revised on November 8, 2013, and which Conditional Letter of
Map Revision is attached hereto as Exhibit L.
C. On October 27, 2009, City's Council unanimously approved RZ-19-06 MOD to modify the
Original Development Agreement to include the City-approved the "Grading Guidelines and Hillside
Development Standards"applicable to Spring Valley, attached hereto as Exhibit M.
D. On November 10, 2009, the City Council adopted Ordinance 634, which Ordinance 634
duly annexed into the City the real property described in the Original Development Agreement.
Ordinance 643 was published on December 21, 2009.
E. On November 12, 2010, the Habitat Mitigation Plan, previously reviewed and provided
with an adequacy statement by City's consultant, was presented to City's Council on January 11, 2011,
which Habitat Mitigation Plan is attached hereto as Exhibit N.
F.On September 25, 2012, the City Council adopted Ordinance 681, which Ordinance 681
duly annexed into the City approximately ten (10) acres owned by Developer. Ordinance 681 was
published on October 1, 2012. These ten (10) acres of Additional Property are hereby made subject to
this Agreement. The real property described in the Original Development Agreement, plus such
Additional Property, collectively, are legally described on Exhibit A (the "Property"). The Property
comprises approximately 6,017 acres and is commonly known as "Spring Valley."
G. The Original Development Agreement required Developer to provide City with
development standards and design guidelines applicable to all development within Spring Valley. Such
development standards and design guidelines have been incorporated into a new draft Eagle City Code
Title 11, which City's Planning & Zoning Commission has recommended be approved by City's Council.
Developer's consent to this Agreement is contingent upon City's adoption of Title 11 immediately
following City's approval of this Agreement and the prompt publication of an ordinance adopting Title 11.
H. Developer and City are entering into this Agreement for the purpose of providing
assurances to City that the Property shall be developed substantially similar to the provisions provided
herein, and for the purpose of providing assurances to Developer that Developer may proceed with the
Development Plan substantially under the terms hereof. City and Developer shall act in good faith when
undertaking their respective obligations and covenants contained herein.
I.This Agreement shall promote and encourage the development of the Property by
providing Developer and Developer's creditors with general assurances of Developer's ability to timely
and economically complete development of the Project. The benefits to be received by City and
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-7
Developer pursuant to this Agreement and the rights granted by City and secured to Developer hereunder
constitute sufficient consideration to support the covenants and agreements of City and Developer. City
recognizes and acknowledges that Developer might be subject to substantial liability if City were to
default in City's obligations in connection with this Agreement.
J.The development of the Property, which is a largely vacant area lacking in necessary
Public Infrastructure, requires the construction of substantial Public Infrastructure early in the
development process, which Public Infrastructure may provide regional as well as local benefits.
K. The zoning designation of R-1-DA contained in the Annexation and Rezoning Ordinances
is the appropriate zoning designation for the Property and, as subject to this Agreement, is designed to
establish proper and beneficial land use designations and regulations, densities, provisions for Public
Infrastructure, design regulations, procedures for administration and implementation and other matters
related to the development of the Property.
L.Prior to the date hereof, all duly noticed and necessary meetings and public hearings
have been held and City has received public comment and has otherwise duly considered all such
matters in connection with this Agreement.
M. The terms and conditions of this Agreement have undergone extensive review by City
and have been found to be fair, just and reasonable and City concludes that the public health, safety and
welfare of City's citizens shall be best served by entering into this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged and agreed, and in consideration of the recitals and definitions above, which
are incorporated below, and in consideration of the premises and the mutual representations, covenants
and agreements hereinafter contained, City and Developer represent, covenant and agree as follows:
1.MASTER PLANS; PLANNING UNIT PLANS.
1.1 Conditions of Development. Developer shall develop the Property subject to the
conditions and limitations set forth in this Agreement. Further, Developer shall submit such applications
regarding design review, preliminary and final plat reviews, condominium plat reviews, PUD and/or any
conditional use permits, as and if applicable, and any other applicable applications as may be required by
Title 11 of Eagle City Code, except as otherwise provided within this Agreement.
1.2 Planned Development. Developer shall be authorized to implement the types of uses,
densities and intensities of uses as set forth in this Agreement and shall be accorded all approvals
necessary to permit Developer to implement this Agreement, subject to City's review and reasonable
approvals described herein, including, but is not limited to the following: Planning Unit Master Plans, site
plans, subdivision plats, grading plans, construction plans and other similar requests in accordance with
the notice and hearing procedures of Title 11 of Eagle City Code; provided, however, in the case of any
conflict between Title 11 and this Agreement,the terms of this Agreement shall control.
City hereby authorizes Developer to include in Planning Unit Master Plans the types of uses that are the
same as or similar to (as reasonably determined by City's Zoning Administrator), and densities and
intensities of uses equal to or less than, those set forth in this Agreement and/or Title 11. Development of
the Property may include, without limitation, the planning, design, engineering, construction, acquisition,
installation, and/or provision of improvements of any sort or nature, including private infrastructure and
Public Infrastructure related to development of the Property, whether located within or outside the
Property. City, having exercised City's discretion in approving this Agreement, shall cooperate
reasonably in administratively-processing the approval or issuance of such permits, plans, specifications,
plats and/or other development approvals of or for the Property as may be requested by Developer in
order to implement the Project, and which are reasonably consistent with this Agreement.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-8
1.3 Mitigation. Developer has established, and City has approved, the Grading Guidelines
and Hillside Development Standards, the Habitat Mitigation Plan and the CLOMR. Through the
application of such documents, Developer can convert Constrained Lands to Unconstrained Lands for
development.
1.4 Planning Concept. The Project consists of approximately 6,017 acres. The Project is a
comprehensive master planned community planned to provide a variety of housing, jobs, recreational,
educational, equestrian, wildlife, Open Space and cultural opportunities integrated into City. In addition,
in keeping with City's resolution to promote viticulture in the City of Eagle, City encourages the
development of vineyards, viticulture industries and services and associated hospitality and tourism uses
in or associated with the Project. Developer shall be entitled to investigate the opportunities for
establishing vineyard and viticulture industries and services and associated hospitality and tourism uses
on the Property, which vineyards and/or viticulture industries and services and associated hospitality and
tourism uses may be located in any Planning Area. City encourages Developer's efforts to establish
vineyards and to obtain suitable water rights or supplies for irrigating vineyards.
The Project is planned for a Base Project Density of 0.5 units per gross acre, or 3,008 dwelling units, and
245 acres for Non-Residential Use. Through the application of the Bonus Density provisions, the
Maximum Density may be increased up to 1.19 units per gross acre, not to exceed 7,160 dwelling units,
and 245 acres for Non-Residential Use. In the event that any of the Non-Residential Use lands within a
Planning Area are developed as residential, Developer may allocate any unused acres for Non-
Residential Use to another Planning Area as provided in this section 1. In the event Additional Property is
annexed the process is set forth in this section 1.
Bonus Density is achieved at the time of City's approval of any PUMP as follows:
2.5 units for each acre of a Community Center shown on such City-approved
PUMP.
10 units for each acre of a Neighborhood Center shown on such City-approved
PUMP.
1 unit for each acre of Regional Open Space shown on each City-approved
PUMP and cumulatively for all prior City-approved PUMPs over and above the
20%Open Space minimum requirement not to exceed 1,250 units.
0.5 units for each acre of Community Open Space shown on each City-approved
PUMP and cumulatively for all prior City-approved PUMPs over and above the
20%Open Space minimum requirement.
10% of the total units for a Regional Open Space funding mechanism as
described further in Section 2.6(f) herein.
To achieve Bonus Density in a PUMP, there must be a minimum Open Space of 20% in such PUMP,
which Open Space shall be first calculated using Community Open Space. Bonus Density shall be re-
calculated upon the submittal of each PUMP and/or plat.
Spring Valley is being planned as five different Planning Areas, as set forth in Exhibit B and
Exhibit(s) D, D1, D2, D3, D4 and D5; the density allocation planned for each Planning Area is
summarized in Table 1 below. Each Planning Area represents a unique design based upon: (i)
topography; (ii) location within the Development Plan; (iii) existing and planned transportation corridors;
iv) a balance of commercial, employment and residential uses to promote trip capture within the Project;
v) a wide array of housing and employment options to create a live/work environment; (vi) regional and
community Open Space; and (vii) dedication or donation of public facility sites for schools, police and fire,
library, parks, public and civic uses. Within all Planning Areas a minimum of 50% of all dwelling units,
and 65% of all single-family detached lots less than 5,000 square feet, and 50% of all single-family
detached lots less than 8,000 square feet shall abut some form of Open Space.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-9
The following Table 1 is an illustration of how the Bonus Density provisions may be applied used to
reach the Maximum Density. The Bonus Density provisions may be applied, without limitation, so long as
the Maximum Density and Maximum Planning Area Density are not exceeded.
Table 1: Project Summary
Planning Areas
South-
Northern Southern western Highway
Spring Valley Big Gulch Residential Residential Residential Mixed Use
Total Acreage 6017 636 2760 2114 419 88
Residential 5772 536 2720 2114 402
Maximum Non-
Residential 245 100 40 17 88
Open Space(Acres)
Minimum Open
Space(15%)per
Planning Area 902 95 I 414 I 317 I 63 I 13
Required Open
Space for Spring
Valley(20%)-Acres 1203
Total Open Space
Goal for Spring
Valley(40%)-Acres 2406
Density(units/acre)
Base(
Density&'Units) 3008 I 0.5 318 I 0.5 1380 I 0.5 1057 10.5 209 I 0.5 44
Bonus Density—Open Space
Community Open
Space(0.5 unit per
acre above 20%
requirement
throughout Spring
Valley)(Acres&
Units) 322 161
Regional Open
Space (1.0 unit per
acre above 20%
requirement
throughout Spring
Valley)
Acres&Units) 880 880
SUBTOTAL UNITS 4049
Bonus Density-Centers
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 10
Table 1:Project Summary
Planning Areas
South-
Northern Southern western Highway
Spring Valley Big Gulch Residential Residential Residential Mixed Use
Community Center
2.5 units/acre)
Acres&Units) 88 220 88 220
Neighborhood
Center(10
units/acre)
Acres&Units) 240 2240 120 1200 80 800 24 240
SUBTOTAL UNITS 6509 1548 2331 1917 449 264
Bonus Density—Open Space
Funding Mechanism
10%)-Units 651
TOTAL UNITS 7160
Maximum Planning Area Density
Maximum Planning
Area Density
Density&Units) 5.24 3335 2.14 5917 .96 2109 1.07 450 5.68 500
1.5 Master Phasing Plan. The development planned for the Property, including the Public
Infrastructure, is contemplated to progress in phases (that may be non-contiguous) and accomplished
over an estimated 20 years as described in the Master Phasing Plan for the Project attached as Exhibit F.
The 20-year estimate is based on the COMPASS model, however, Project build-out may occur sooner
based on the historical growth within Eagle. The Master Phasing Plan is designed to accommodate the
development of the Property from the west to the east, which will initially concentrate the movement of
traffic toward State Highway 16. The Master Phasing Plan may be modified by Developer based upon
changing residential and Non-Residential Use real estate market conditions, industry factors, and/or
business considerations and the subjugation of Additional Property to this Agreement. The exact
boundaries of each phase shall be established in the Planning Unit Master Plan process set forth in this
Agreement. Any such modification(s) shall not necessitate a formal amendment to this Agreement, but
shall be retained in City's official file for the Property. The following table is an example of the timing for
each phase of development using the COMPASS growth model:
Table 2: Estimate of Timing of Development for Each Planning Area
Phase Planning Area Projected Start Date
1 Southwestern, Northern 2014
2 Northern, Big Gulch 2015
3 Northern, Big Gulch, Highway 2021
4 Northern, Southern, Big Gulch, Highway 2026
5 Northern, Southern, Big Gulch, Highway 2031
1.6 Planning Unit Master Plan (PUMP). Each Planning Unit Master Plan shall be based on
the Planning Area plans set forth in Exhibit(s) D, D1, D2, D3, D4 and D5 and the Conceptual
Development Plan set forth in Exhibit E. The Conceptual Development Plan will be updated when
necessary to reflect modifications or to refine phasing within the respective Planning Unit Master Plans. It
is not necessary for Planning Unit Master Plans to encompass the same geographical area as a Planning
Area. A Planning Unit Master Plan should reflect the area within the Project that the Planning Unit
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 11
Developer is proposing to subdivide. The Planning Unit Master Plan may address a portion of one or
more Planning Area(s) or Planning Unit(s), a complete Planning Area or Planning Unit, and/or more than
one Planning Area or Planning Unit. The Planning Unit Master Plan shall be filed with the Zoning
Administrator for review as to completeness and compliance with the application requirements of Title 11
of Eagle City Code and this Agreement. Thereafter, the Planning Unit Master Plan shall be reviewed bythePlanning &Zoning Commission for recommendation to City Council in accordance with the notice and
hearing procedures of Title 11 of Eagle City Code. If the Planning Unit Master Plan is substantially in
conformance with this Agreement and Title 11 of Eagle City Code, the Planning & Zoning Commission
and City Council shall not unreasonably withhold approval.
1.7 Allocation; Density. This Agreement provides for a Maximum Density of 1.19
units/acre, or 7,160 dwelling units, as provided in section 1.4 of this Agreement, and a maximum of 245
acres of Non-Residential Uses within the Property. The number of dwelling units shall not exceed 7,160
dwelling units for the entire Project unless Additional Property is annexed into City and made subject to
this Agreement. Developer shall also have the right to allocate residential density and/or Non-Residential
Use acreage, and the Development Rights associated with such residential density and/or Non-
Residential Use acreage, from Planning Area(s) or Planning Unit(s) to other Planning Area(s) or Planning
Unit(s) at any time, and Developer may allocate any unused residential density or Non-Residential Use
acreage originally allocated to a Planning Area or Planning Unit to another Planning Area or Planning Unit
in the event that the preliminary or final platting of a Planning Area or Planning Unit results in unused
residential density and/or unused Non-Residential Use acreage, provided such allocation: (i) does not
exceed the Maximum Planning Area Density; (ii) does not exceed the Maximum Density for the Property;iii) does not exceed the maximum Non-Residential Use acreage allowed for the Property; (iv) does not
allow a use otherwise prohibited; or (v) cause a material change to this Agreement without prior
amendment to this Agreement and compliance with the notice and hearing requirements of Title 11 of
Eagle City Code. The allocation of residential density and/or Non-Residential Use acreage between
Planning Areas and Planning Units is consistent with City's planning efforts to encourage planning
flexibility based on physical and market conditions while protecting private property rights. Developer
shall deliver notice to City that an allocation of residential density or Non-Residential Use acreage shall
be made from one Planning Area or Planning Unit to another Planning Area or Planning Unit and shall
provide City with a statement of the number of residential units per gross acre and/or Non-Residential
Use acreage being allocated. Any such allocation shall not necessitate a formal amendment to this
Agreement, but shall be retained in City's official file for the Property.
1.8 Additional Property. Additional Property may be included into Spring Valley, thus
providing for Spring Valley's expansion in area. Such Additional Property does not need to be contiguous
to the Property but must be located in the North Eagle Foothills Planning Area. In the event Developer
owns or acquires Additional Property which is not subject to this Agreement and desires to subject such
Additional Property to the benefits and obligations of this Agreement, Developer may request that City
annex the Additional Property into the corporate boundaries of City (if such Additional Property is not
already within City's corporate boundaries). Upon such request, the Parties will commence annexation
proceedings for such Additional Property. Concurrently with the annexation application in connection with
such Additional Property, Developer shall apply to City for any necessary land use zoning approvals for
the Additional Property consistent with this Agreement, including any necessary amendment to this
Agreement. Such amendment to this Agreement may include, without limitation: alternative plans and
land use designations; additional residential density and/or Non- Residential Uses and intensities of such
Additional Property; such additional residential density and/or Non-Residential Uses of such Additional
Property may increase the Maximum Density of the Project (including the Additional Property) and alter
other development parameters in connection with the Project (including the Additional Property); and
residential density and/or Non-Residential Use acreage, and the Development Rights associated with
such residential density and/or Non-Residential Use acreage, may be allocated from existing Planning
Areas or Planning Units to the Additional Property, and vice versa, in the manner set forth in this
Agreement.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 12
1.9 Term. The term of this Agreement commenced on the date of publication of the
Annexation and Rezone Ordinances, which date is December 21, 2009, and shall automatically terminateonthe301h
anniversary of such date (that is, December 21, 2039) without the necessity of any notice,agreement, or recording by or between the Parties (the "Term"). However, if any of the Property has notyetbeendevelopedascontemplatedbythisAgreementbeforeDecember21, 2039, the Term shall
automatically extend, without the necessity of any notice, agreement, or recording by or between theParties, for an additional 10 years, for a total of 40 years (that is, December 21, 2049), at which time this
Agreement and the Term shall automatically terminate as to the Property without the necessity of any
notice, agreement, or recording by or between the Parties.
If Developer has proceeded in good faith but has been prevented from developing the Property, in whole
or in part, during the Term by circumstances beyond Developer's control, including, without limitation,
judicial injunctions, inclement weather, delays due to strikes, inability to obtain materials, civil commotion,
terrorism, fire, acts of God, or delays caused by City, or other local, state or federal agencies, the Term
shall be extended for an additional period of time equal to the period of such delay(s). Nothing in this
Agreement shall be interpreted to preclude the Parties from extending the Term by mutual agreement or
from entering subsequent development agreements or extensions thereof.
2.INFRASTRUCTURE AND SERVICES.
The Parties acknowledge that a general intent of this Agreement is for Developer to provide for its
proportionate share of the Public Infrastructure which will be set forth by coordinated planning, design,
engineering, construction, acquisition, installation, and/or provision of Public Infrastructure as
contemplated by the Planning Unit Master Plan process and as otherwise described herein. Various
public facilities and services as identified in this Agreement and to be identified in the Planning Unit
Master Plan(s) shall be sited, provided, maintained and operated in accordance with this Agreement or in
accordance with separate agreements with other governmental or quasi-governmental entities. City and
Developer recognize that a proportionate share of the costs associated with the development of the
Property and Public Infrastructure shall be borne by Developer and third-party owners of Property within
the development and that many necessary elements of Public Infrastructure should be provided and/or
maintained by other governmental or quasi-governmental entities, and not by City, and that Developer
may enter into separate agreements with such other entities. For clarification, the Parties make specific
note of and acknowledge the following:
2.1 Traffic&Circulation.
a) Ada County Highway District; Idaho Transportation Department.
Improvements to the ACHD and/or ITD Traffic System, as applicable, within the Project shall be provided
at the direction of ACHD, ITD or some other legally-constituted entity with jurisdiction over the ACHD
Traffic System and/or the ITD Traffic System. Unless City has such jurisdiction, City shall not be
responsible for any approvals or access permits required or construction or maintenance costs
associated with the ACHD Traffic System and/or the ITD Traffic System, within the Project.
b) Regional Circulation Plan; Master Traffic Study; Master Streets &
Circulation Plan. Conceptual locations of major roadways within the Property and the North Eagle
Foothills Planning Area are provided in the Regional Circulation Plan, attached hereto as Exhibit G.
Developer is working with City, ACHD, ITD, BLM and adjacent property owners to adopt a regional
roadway network plan to serve as a template to guide the Master Streets & Circulation Plan, to be
developed based on the Master Traffic Study, the Planning Unit Master Plans and construction of the
arterials generally along the alignments shown in the Regional Circulation Plan or as determined by the
agency having jurisdiction. Developer will work with the aforementioned agencies and others to
determine the appropriate funding mechanisms to provide future funding to mitigate the proportionate
impact of the development of the Property on the existing ACHD Traffic System and/or ITD Traffic
System. Developer and City shall cooperate to achieve approval by ITD and/or ACHD of the circulation
interrelationship between the ACHD Traffic System and the ITD Traffic System, such as the location of
highway interchanges and/or roundabouts, as reflected in the proposed Master Streets & Circulation Plan
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 13
attached hereto as Exhibit H. The western primary entry may be proposed as an interchange or
roundabout on State Highway 16.
c) ACHD Traffic System. Developer, with consultation with ACHD, will design,
engineer, construct, acquire, install, permit and dedicate the ACHD Traffic System within and/or
proportional to the Project's impacts in accordance with the Master Streets & Circulation Plan, PlanningUnitMasterStreets & Circulation Plans and the Phasing Plan and all planning and study documents ofACHD.
d) ITD Traffic System. Developer, with consultation with ITD, will design, engineer,
construct, acquire, install, permit and dedicate the ITD System within and/or adjacent and/or proportional
to the Project's impacts in accordance with the Master Streets & Circulation Plan, Planning Unit MasterStreets & Circulation Plans and Phasing Plan and all planning and study documents of ITD. City and
Developer shall cooperate in pursuit of funding from or authorized by the State of Idaho for the
construction of Developer's proportionate share of necessary improvements to the ITD System (which
improvements may include, without limitation, interchanges, roundabouts, traffic signals, turning lanes
and frontage roads) required to implement this Plan.
e) Planning Unit Master Streets & Circulation Plan. A detailed analysis of the
ACHD Traffic System within the Project and the ITD Traffic System within and/or adjacent to the Project
and the ultimate design and locations of streets and circulation improvements shall be consistent with the
Master Streets & Circulation Plan and further defined in each Planning Unit Master Streets & Circulation
Plan, which analysis shall be submitted and approved by ACHD and/or ITD, as appropriate. Each
Planning Unit Master Streets & Circulation Plan shall be prepared by Developer and approved by City
taking into account the Master Streets & Circulation Plan, and any amendments thereto and the
recommendations of ACHD and/or ITD, as applicable. Each Planning Unit Master Streets & Circulation
Plan shall address any increase or decrease in traffic volumes from other Planning Unit Master Plans and
the particular Planning Unit being planned that may occur as development progresses and densities and
intensities are rearranged.
f) Phased Construction. Developer and/or ACHD and/or ITD shall construct or
arrange for the construction of, in phases, and in accordance with the Master Streets & Circulation Plan
and the Planning Unit Master Streets & Circulation Plan: streets, roadways and sidewalks to be used for
motorized vehicular traffic for ingress and egress to, through, within and from the Project; parking;
pedestrian, bicycle and/or other facilities to be used for non-motorized vehicular traffic for ingress and
egress to, through, within and from the Property; street lighting with underground electric service
distribution; all striping, traffic signals, street sign posts, street name signs, stop signs, speed limit signs,
and all other directional/warning/advisory traffic signage as may be reasonably required. City shall not
issue certificates of occupancy for any phase prior to on-site roads being constructed to the capacity
required for full build-out of that phase in accordance with the applicable final plat or approved
improvement plans.
g) Private Roads. All private roads and/or rights-of-way within the Property shall
be constructed by Developer to ACHD and/or ITD, as applicable, standards and maintained by Developer
and/or an Owners' Association. Developer reserves the right to seek approval to limit access through
access control structures, to private roads within the Property, and to determine the location of curb cuts,
provided a qualified engineer determines that their location does not present a significant hazard.
Developer shall have the right to retain ownership of private roads and/or rights-of-way. Some or all of
private roads and/or rights-of-way may be conveyed to one or more Owners' Associations. Developer
may seek City approval to install access control structures within the medians of the private roads and/or
rights-of-way at any portion of the Property. Developer shall grant to the appropriate service providers
license for police, fire, ambulance, garbage collection, water or sewer line installation and repair, and
other similar public purposes, over such private roads and/or rights-of-way. Application for private streets
shall be made to City as allowed under Title 11 of Eagle City Code at the same time as a preliminary plat
application is filed which includes one or more private road(s).
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 14
h) Fiber Optics Easement. Developer shall reserve, prior to dedication to ACHD
and/or ITD, as applicable, in any public street on the Property, a non-exclusive Fiber Optics Easement
reasonably acceptable to Developer and ACHD and/or ITD as applicable. Such facilities may connect to
facilities external to the Property. Developer shall have the exclusive right to select providers of fiber
optics and telecommunications services in connection with the Project.
2.2 Water.
a) Water Provider. An addition to City's Water System shall be constructed by
Developer sufficient to serve the Project. The Water System shall include, without limitation, all water
rights, wells, pumps, distribution and service mains and lines, meters, electrical equipment, storage tanks
or reservoirs, emergency back-up generators, and related facilities necessary to divert, treat, deliver and
account for water used by Developer and customers within the Project, together with all easements and
rights-of-way sized to construct, operate, maintain, upgrade, repair and replace such facilities. The Water
System shall not include the Irrigation System as defined in paragraph 2.2(g) of this document. However,
the City may allow the Water System to supply water for Irrigation uses so long as any physical
connection to the Water System is approved by City and Developer has shown no other surface water
right is available.
Developer shall convey the Water System to City as reasonably directed and approved by City in
portions or phases as such portions are constructed, tested and put into operation to serve an area within
the Project (a"Completed Portion"). As each Completed Portion of the Water System has been approved
and accepted in writing by City, City shall be responsible for the operation and maintenance of such
Completed Portion of the Water System. The City may allow connection to the City-owned water system
in Spring Valley if it is deemed in the best interest of the City. City shall provide water service to the
Property from the Water System on the same basis as City provides water to other residents and
businesses in the City of Eagle under ordinances in place at the time of this Agreement; provided,
however, City shall establish fees, for the costs of considerable special or reserve equipment and
significant unique costs (such as Monitoring Plan costs) necessary to operate the Water System, which
are different from and may have exceptions to the regularly published water rates, rules and regulations.
City shall be under no obligation to provide service that requires special or reserve equipment or
significant unique costs unless there is a special contract for the payment of these costs which shall be in
writing between the Parties and approved by the City Council. Such special contracts shall be timely
executed in order to avoid undue delay of the project.
b) Municipal Water Right; Monitoring Plan. Pursuant to that certain Assignment
of Application and Permit dated and filed with IDWR on June 13, 2011, which remains in effect and is
applicable to this Agreement, Developer has conveyed to City ground water right no. 63-32573 (the
Municipal Water Right"), which is to be used to provide municipal water service to the Project for all of its
municipal uses, including without limitation irrigation, storage, residential, commercial, industrial, and
other municipal uses. The Municipal Water Right requires ground water monitoring in accordance with
its Attachment B, which is a March 17, 2011 Technical Memorandum setting forth a water level/water
production monitoring and reporting plan (the "Monitoring Plan"). Developer has been implementing the
Monitoring Plan and is responsible for all costs of implementing the Monitoring Plan until a Completed
Portion is conveyed to City. As Completed Portions are conveyed to City, City shall be responsible to pay
its proportionate share of the total Monitoring Plan costs , its share being calculated as follows: total
Monitoring Plan costs (A); multiplied by the results of the number of connections to the Water System by
a "customer(s)" or "user(s)" as defined by Eagle City Code Title 6 Chapter 5 (B); divided by the total
Project residential density of 7,160 dwelling units (C). (A x (B _ C)). Nothing in this Agreement, or action
taken pursuant to this Agreement, shall be deemed to convey or grant any interest in the Municipal Water
Right to Developer.
c) Water System Construction. Developer shall design, engineer, construct,
install, permit and then convey the Water System to City in accordance with the terms of this Agreement
and any applicable City-approved Planning Unit Master Plan(s) and applicable federal, state and local
laws and ordinances. In designing and constructing the Water System, Developer shall consult regularly
with City and construct the Water System to City's standards. The location and construction of the Water
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 15
System components shall comport with the phasing of the Project's development. As part of the
conveyance of the phase or portion of the Water System to City, Developer shall provide City with all
applicable as-built drawings, operation and maintenance manuals, operation records, and water right
records and other necessary information for City to operate and maintain the Water System.
d) Assured Water Supply. Developer has represented the Municipal Water Right
provides an entitlement to divert adequate ground water to serve municipal uses for the Project. City
agrees not to use the Municipal Water Right on properties outside of the Project unless City has adequate
water to serve such other properties and the Project, and City completes any necessary proceedings
before IDWR for such purpose. If the quantity of water authorized under the Municipal Water Right, as
defined above, is inadequate to serve the Project's municipal water demands, City and Developer shall
meet to evaluate other alternative sources of supply, including temporary source(s) of supply, to provide
an additional supply of water for the Project. Except as expressly provided for herein, City will be the
exclusive municipal water service provider for the Project.
e) Reimbursement. If Developer, at Developer's cost and expense, constructs
water facilities, such as production wells, water storage tanks or reservoirs, emergency back-up
generators, and similar facilities (but excluding local service and distribution lines) for the Project, which
reasonably have been determined by City to benefit properties other than the Property, or if City requires
Developer to develop a portion of the Water System in excess of that necessary to serve the Project so
as to allow City to serve other properties, City and Developer shall, in good faith, enter into an agreement
to the effect that the portion of the costs attributable to such construction shall be reimbursed to
Developer from the service connection charges collected from those benefited property owners who
otherwise have not paid or contributed their proportionate share toward development of the Water System
Water Reimbursement Agreement"). Each such Water Reimbursement Agreement shall establish a
reimbursement period (commencing as soon as practicable following completion of the portion of the
Water System for which reimbursement is sought) with such duration to be mutually agreed between
Developer and City, which period shall be reasonably estimated to allow for reimbursement and shall be,
in no event, less than fifteen years. Such Water Reimbursement Agreement shall provide, in part, that: (i)
interest be paid to Developer at the then applicable municipal bond rate; (ii) City shall charge an
administrative fee for handling the accounting, auditing, and payment of the reimbursement payments to
be made to Developer; (iii) the Water Reimbursement Agreement shall be binding on Developer and City
and their respective successors and assigns; and (iv) the Water Reimbursement Agreement may be
recorded as an encumbrance against the benefited property(ies).
f) Water User Charges. When Developer has constructed and conveyed the
Completed Portion(s) of the Water System to City pursuant to this section, City shall provide water service
to the Property, or those parts of the Property served by a Completed Portion, in quantity and quality
sufficient to satisfy the municipal water needs of the Project as and when required in connection with the
development of the Property, subject to any water disruption or degradation of water quality or quantity
that is outside the control of City and further subject to City's reasonably-enacted and imposed standard
terms and conditions for delivery. All water service using the Water System shall be metered.
g) Irrigation and Related Uses. The Irrigation System shall be effluent (including
reuse) or other systems used for storage, delivery and the use of treated effluent on site, any water right or
entitlement associated with ditch company shares, any surface water or ground water (excluding Permit #
63-32573 or any existing or future water rights held by the City) or any additional water right or permits that
may be associated with irrigation, aesthetics, amenities, or open space purposes. Connection to the Water
System shall be consistent with paragraph 2.2(a) of this Agreement. Developer may provide additional
water rights or entitlements for use on the Project, through Developer's own system or otherwise, for
irrigation, aesthetic, amenity and/or Open Space use not served by the Water System within the Project,
and shall make best efforts to provide for these uses with surface water, such as Farmers Union Canal
Company or Re-Use Water or existing irrigation wells on the Property that are not part of the Water
System. The method of providing water for irrigation uses shall be at the discretion, and under the control,
of Developer so long as an adequate system and source of supply is provided, including a source of supply
consistent with Sections 2.2(a) and 2.3 below. Any irrigation system shall meet the requirements of Eagle
City Code Title 11. If Developer so requests, City will give good faith consideration to establishing a city
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 16
irrigation system pursuant to Title 50, Chapter 18, Idaho Code, or otherwise, to deliver irrigation water to
the Project. If City decides not to establish a city irrigation system, Developer may establish or contract
with an irrigation or other special district, a canal company, or similar entity to serve the Project's irrigation
needs consistent with the provisions of this Section. Nothing in this section shall limit water delivery from
City to Developer at a wholesale rate during those times when such water is available under the Municipal
Water Right if it is not needed to serve other municipal water needs in the Project, and Developer has not
yet constructed the facilities or generated the re-use or other irrigation water necessary to serve such
needs.
2.3 Wastewater Treatment and Disposal.
a) Eagle Sewer District. Sanitary sewer collection, treatment and disposal shall be
provided by Sewer District or some other legally constituted public or private provider allowed to operate
in City. Developer agrees to annex to Eagle Sewer District and further agrees not to seek other sewer
treatment services unless or until Eagle Sewer District refuses to serve the Project. City shall not be
responsible for any treatment, maintenance or costs associated with sanitary sewer collection, treatment
and disposal in connection with the Project.
b) Master Wastewater Study; Master Wastewater Plan. Developer has
completed the Master Wastewater Study and Master Wastewater Plan which has been submitted to
Eagle Sewer District for approval. The Master Wastewater Plan, to be developed based on the Master
Wastewater Study provides general locations of the major wastewater infrastructure needed to provide
service for the Property.
c) Assured Treatment Facilities. Concurrently with the submittal of a preliminary
plat, Developer shall submit engineering report(s) describing the Wastewater System which shall
evidence the adequacy of the Wastewater System to satisfy all proposed uses in connection with the
development of such Planning Unit or portion thereof. A letter of approval shall be provided to City from
the Eagle Sewer District, Idaho Department of Environmental Quality and/or Central District Health,
and/or other applicable governmental agency, prior to issuance of any certificate of occupancy as
required by law.
d) Re-use Water. Developer shall retain, for irrigation, irrigation and aesthetic
storage, recreational or aquifer recharge purposes, all rights, title and interest in any and all water
discharged from any wastewater system Developer constructs or uses for the Project ("Re-use Water").
City disclaims any rights, title and interest in the Re-use Water and acknowledges that Developer will be
using Re-use Water for, without limitation, irrigation of its Open Space and potentially recharging the
aquifer, both of which uses will be subject to applicable governmental agency approvals; provided,
however, that no use of Re-use Water shall be used to protest or curtail any City water right, application,
permit, license or decree.
2.4 Storm Water Drainage.
a) Ada County Highway District. Post-development storm water management
includes drainage collection, diversion, detention, retention, dispersal, use and discharge, which shall be
provided by ACHD or some other legally-constituted public or private provider allowed to operate in City
and having jurisdiction over the Drainage System. Unless City has such jurisdiction, City shall not be
responsible for any approval, construction, collection, conveyance or maintenance costs associated with
the Drainage System within the Project.
b) Master Drainage Study; Master Drainage Plan. Developer shall complete the
Master Drainage Plan, based on the Master Drainage Study to describe pre-development drainage
characteristics of the Property and a conceptual hydrologic and hydraulic analysis of the Property's
existing and proposed Drainage System. In connection with such Master Drainage Plan, Developer
determined the applicable 100-year floodway elevations for the Property and shall obtain from FEMA a
Conditional Letter of Map Revision ("CLOMR") that adjusts the floodway boundaries. City shall use all
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 17
good faith efforts to cooperate with Developer in connection with any of Developer's applications to FEMA
to modify relevant flood maps to reflect actual conditions.
c) Assured Drainage. In connection with each Planning Unit Master Drainage
Plan, concurrently with the submittal of a preliminary plat, Developer shall submit evidence that the
Drainage System is or shall be adequate to satisfy all proposed uses in connection with the development
of such plat.
d) Drainage Re-use. Developer shall retain all rights, title and interest in any and
all drainage water on the Property for or for aquifer recharge. City acknowledges that Developer may be
using drainage water for irrigation of Open Space and potentially recharging the aquifer, which use will be
subject to applicable governmental agency approvals.
2.5 Public Facilities.
a) Police. City shall provide police protection services to the Property as developed
on the same basis as is provided to other residents and businesses within City. Developer shall
contribute 1 site (not to exceed 1 acre) for the construction of a police station in accordance with the
Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location.
Such site may be combined with a fire station site, if feasible. After Developer and City consultation with
City's police chief and Fire District, the final location is subject to Developer and City approval. Such
police station shall be identified on the applicable Planning Unit Master Plan or portion thereof.
Developer shall cooperate with City in determining Developer's proportionate share of funds in connection
with construction of such site, facility equipment, personnel and operations, but not to exceed
1,000,000.00 unless Developer's proportionate share exceeds such monetary amount, said additional
amount shall be paid by Developer (the "Police Fees"); provided however, City and Developer
acknowledge and agree that such Police Fees paid in connection with non-capital improvements are
intended to be and shall be a one-time payment meant to cover that initial period of time when ad valorem
taxes have not yet been collected to cover the costs of such non-capital improvements. Any contribution
by Developer shall be contingent upon: (i) review and approval of construction; (ii) 180 days' notice
provided to Developer by City; and (iii) evidence that the demand for such facility is based upon the
demand created by the Project. Such buildings shall be designed to be consistent with the requirements
necessary to provide service to the Project. Design of the facility shall be consistent with the EASD
and/or Title 11 of Eagle City Code, and shall be reviewed for approval by Developer and City in accord
with the notice and hearing procedures of Title 11 of Eagle City Code. In the event that impact fees are
implemented in connection with police service, Developer shall receive a credit against such impact fees
equal to that portion of the Police Fees paid for capital improvements (as defined in Idaho Code §67-
8203).
b) Fire Services. Fire services are now provided to City by Eagle Fire District and
Star Fire District (individually, the "Fire District" and collectively, the "Fire Districts"). Unless Citybecomestheentityresponsible, City shall not be obligated to provide fire services to the Property. Fire
water flows shall be provided by the Water System and all fire protection infrastructure will be designed
and constructed in conjunction with each Fire District and in accord with all applicable governmental
regulations and adopted uniform fire codes. Hydrant locations will be determined following consideration
of, without limitation, accessibility, obstructions, building proximity, driveway entrances, signs and light
poles. Developer, in consultation with the Fire Districts, has developed a wildfire management plan for
implementation within such Fire Districts. Unless otherwise agreed between Developer and Fire District,
Developer shall contribute 1 site (not to exceed 1 acre of land per site and in addition to the fire station
site combined with the police station site referenced in section 2.5(a) above) for construction of the fire
station in accordance with the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which
defines a general location. The final location is subject to Developer, applicable Fire District and City
approval. Such fire station shall be identified in connection with the applicable Planning Unit Master Plan
or portion thereof. Unless otherwise agreed between Developer and Fire District, Developer shall
cooperate with City and the Fire Districts in determining Developer's proportionate share of funds in
connection with construction of such site, facility equipment, personnel and operations, not to exceed
1,000,000.00 unless Developer's proportionate share exceeds such monetary amount said additional
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 18
amount shall also be paid by Developer (the "Fire Fees"); provided however, City and Developer
acknowledge and agree that such Fire Fees paid in connection with non-capital improvements are
intended to be and shall be a one-time payment meant to cover that initial period of time when ad valorem
taxes have not yet been collected to cover the costs of such non-capital improvements. Any contributionbyDevelopershallbecontingentupon: (i) review and approval of construction budgets; (ii) 180 days'
notice provided to Developer by City or Fire District(s); and (iii) evidence that the demand for such facilityisbaseduponthedemandcreatedbytheProject. Such buildings shall be designed to be consistent with
the requirements necessary to provide service to the Project. Design of the facility shall be consistent
with the EASD and/or Title 11 of Eagle City Code, and shall be reviewed for approval by Developer andCityinaccordwiththenoticeandhearingproceduresofTitle11ofEagleCityCode. In the event that
impact fees are implemented in connection with fire service, Developer shall receive a credit against such
impact fees equal to that portion of the Fire Fees paid for capital improvements (as defined in Idaho Code
67-8203).
c) Schools. Public education is provided by the School District. City shall not be
obligated to provide public education service to the Property. Developer has, and shall continue to work
diligently with School District to ensure that the educational needs of Property residents are met. In
furtherance of meeting educational needs, Developer may participate with School District in enhancingthetechnologyinoneormoreschoolsconstructedbySchoolDistrictontheProperty. Developer
generally has identified potential school sites within the Project, as depicted on the Master Parks, Trails
and Public Facilities Plan, attached as Exhibit I, to accommodate the needs of students generated as a
result of the development of the Property using School District's student generation rates to determine the
probable number of sites. The specific location, specific number of school sites and types of schools (i.e.,
elementary, middle and high schools) will be subject to approval by Developer and School District. The
school sites will be shown as being dedicated to School District on an applicable Planning Unit MasterPlanbyPlanningUnitMasterPlanbasis.
Developer shall use good faith efforts to enter into an agreement with School District to contribute the
necessary school sites to School District to accommodate for the development of schools in accordance
with the Master Public Facilities Plan and applicable Planning Unit Master Plan. Developer shall
coordinate a demographic study with School District to determine the demonstrated need for a school site
caused by students generated from households within the Property. Developer shall contribute the
school sites pursuant to the findings of such demographic study. Provided such a need is demonstrated
and that such school site would predominantly serve students generated from the Property, Developer
shall offer a site (or sites) for donation to School District on a free and clear basis in the appropriate
number of acres, typical for a particular type of school (e.g., high school, middle school or grade school)
and utilities stubbed to the site to accommodate the development of the type of public school planned.
The site or sites shall contain the acreage needed to locate a public school or schools within the Property
consistent with the typical acreage for such schools presently found in School District. The final number
of school sites, the type of schools and their locations shall be identified in the appropriate Planning UnitMasterPlan. Developer shall identify the site(s) on a plat or scaled drawing at the time the site(s) is
offered to School District. If School District does not accept the offered site(s) within 2 years of the
original offer, the offer shall terminate and Developer shall have no further obligation to offer property toSchoolDistrictthereafter. Design of any school and school grounds shall be consistent with the EASD
and/or Title 11 of Eagle City Code, and shall be reviewed for approval by Developer. Notwithstanding the
above, Developer may also provide sites for private school facilities which may or may not affect the
number of public school sites needed on the Property in connection with the Project.
d) Library and Other Municipal Services. Library and other municipal services
presently are provided by City. City shall provide library and such other municipal services to the
Property on the same basis as is provided to other residents and businesses within City. Developer shall
offer to City up to a four-acre site (subject to actual needs and based upon an approved site plan) for
donation to City, with utilities stubbed, or to be stubbed, to such site to accommodate the development of
the type of library and other municipal services necessary to serve the community at a location to be
mutually agreed upon between City and Developer. If mutually agreed upon between City and Developer,
Developer shall have the right to incorporate the space necessary to accommodate these uses into
buildings built by Developer within the Property. It is planned that such site would be located within the
AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 19
Big Gulch Planning Area. Design of any library shall be consistent with the EASD and/or Title 11 of Eagle
City Code and shall be reviewed for approval by Developer.
2.6 Parks,Trails and Open Space.
a) Master Parks, Trails and Open Space Plan. The Project will contain Open
Space, totaling a gross minimum acreage of 20% of the Project area with an overall goal of providing40% or more of the Project area as Open Space in exchange for Bonus Density described in section 1.4,
above. Each Planning Area shall contain a minimum of 15% of its total gross acres as Open Space. A
Master Parks, Trails and Open Space Plan for the Project is shown on Exhibit I, which depicts the intent
to link neighborhoods and Planning Areas to various common areas and recreational uses. The
pathways and trails will be within and through Planning Areas and may be located along Open Space
corridors and near or adjacent to community streets and roads. Pathways and trails may also utilize
drainage ways and dry gulches between common areas and neighborhoods or may be combined with the
drainage system for the Project. The parks, trails and Open Space Plan shown on Exhibit I will be either
owned by the Owners' Association City, or another entity, or a combination of all three. Developer will
submit to City a more detailed Master Parks, Trails and Open Space Plan concurrently with the submittal
of the first Planning Unit Master Plan or portion thereof.
b) Planning Unit Master Parks, Trails and Open Space Plan. A Planning Unit
Master Parks, Trails and Open Space Plan shall be submitted as part of the Planning Unit Master Plan
that generally conforms to the Master Parks, Trails and Open Space Plan and will address roadway
crossings, habitat, trails within the Eagle Regional Park, ownership or intent to dedicate park facilities if
known at the time of submittal.
c) Eagle Regional Park and Willow Creek Open Space Corridor. City has
applied to acquire 1,915 acres of BLM Lands for the proposed Eagle Regional Park, which 1,915 acres
are contiguous to the southern border of the Project. The purpose of City's acquisition of BLM Lands is to
create a regional park that would preserve Open Space in the vicinity for trails and other recreational
enjoyment, buffer neighboring properties, and create and/or improve wildlife habitat by providing a wildlife
mitigation corridor in and through the vicinity. Subject to: (i) City completing City's acquisition of BLM
Lands on or before December 27, 2017; and (ii) failure of Developer to complete the BLM Exchange as
described below in section (d), immediately below, Developer may donate approximately 800 acres of
private land to City, as set forth in Exhibit K, which when combined with City BLM Lands, would create the
Eagle Regional Park totaling 2,715 acres. Those 800 acres contain important wildlife habitat and
vegetative communities and the 800 acres are planned for low-density residential neighborhoods and
Open Space. The two portions of the Park (that is the 1,915 acres and the 800 acres) would be
connected by Open Space at least 100 feet in width. Developer will create a tract to be maintained by the
Owners' Association of approximately 80 acres of private land as part of the Willow Creek Open Space
Corridor. Developer will work with and assist City on City's planning of the Park and Open Space
Corridor with such improvements as trailheads, trails, lookouts and fencing along this boundary, including
providing, at no expense to City, underlying topographical data, planning data and biological and wildlife
studies. Notwithstanding anything to the contrary herein, in the event that City fails to complete the
acquisition of the BLM Lands on or before December 27, 2017, Developer shall have the right to develop
and plat the 800 acres in accordance with the terms of this Agreement and Eagle City Code Title 11.
d) BLM Exchange. In an attempt to consolidate lands and prevent fragmentation
of Open Space, Developer has filed a request with BLM to exchange approximately 800 acres of
Developer's lands for 815 acres of BLM Lands. The exchange would be subject to BLM designating the
Spring Valley 800 acres as Open Space. The Parties acknowledge the appraised value of the Developer-
owned 800 acres may be less than the appraised value of the BLM-owned 815 acres. In the event the
BLM-owned 815 acres is appraised at a higher value than the Developer-owned 800 acres, Developer
shall include additional, contiguous acres of Developer-owned land with such 800 acres to bring the
appraised value of the Developer-owned lands to roughly the appraised value of the BLM-owned 815
acres as required by applicable law. In the event that the exchange is completed, the 815 acres presently
owned by BLM would become Additional Property as defined herein and become a part of the Highway
Mixed-Use/Business Park Planning Area upon receiving the appropriate approvals from City. In the event
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-20
that the exchange does occur, Developer shall not receive any Bonus Density for such 800 acre parcel.
In the event that the BLM exchange is not completed within 10 years from the date of this Agreement
that is, December 27, 2017), Developer may donate the 800 acres to City for use as a regional park or
develop the 800 acres as described in this Agreement. Subject to: (i) City completing City's acquisition of
BLM Lands on or before December 27, 2017; and (ii) in Developer's reasonable discretion, the BLM
exchange is proceeding on track toward completion, the Spring Valley 800 acres will be available for
public use during the pending exchange as if it were a part of the Eagle Regional Park. City agrees that it
will reasonably cooperate as necessary to accommodate the exchange transaction.
e) Reimbursement. If Developer, at Developer's cost and expense, develops
and/or constructs and dedicates to City any portion of Developer's land for community or regional public
park(s), Regional Open Space regional trails or publicly dedicated regional equestrian center or
contributes to the improvements to the Eagle Regional Park, City, upon approval of the improvement
costs ("Approved Park Costs"), shall either credit or reimburse Developer from park impact fees collected
at the time of a building permit (or similar funding mechanisms) from each home that is permitted within
the Project ("Spring Valley Park Impact Fees"). City and Developer shall work to mutually track such
Approved Park Costs and receipt and repayment of the Spring Valley Park Impact Fees as required by
the City's impact fee ordinance. ("Park Reimbursement Agreement"). Such Park Reimbursement
Agreement shall have a duration that ends the earlier of: (i) 10 years following completion of the portion
of the applicable Park System for which reimbursement is sought; or (ii) when Developer has been fully
reimbursed for costs in connection with development of any portion of the applicable Park System that
benefits properties other than the Project. As an alternative to the reimbursement of Approved Park
Costs the City and Developer may enter into an agreement whereby Developer is credited for park impact
fees if Developer develops any of the park, Open Space or trail improvements listed above within a
timeframe acceptable to City. Reimbursement shall be consistent with the Eagle Park Impact Fee
Ordinance.
f) Maintenance of Regional Open Space. Developer acknowledges the
significance of the public Regional Open Space being created in the foothills and agrees to cooperate
with City to establish an ongoing funding mechanism which is applicable to all residential and Non-
Residential Use lands, homes or buildings within the North Eagle Foothills Planning Area and/or City
limits. This funding mechanism shall be solely for the Regional Open Space associated with this Project
and identified in Exhibit I of this Agreement. The funding mechanism requirement shall be met when
Developer provides for funding of maintenance of Regional Open Space through an Owners'
Association's CC&Rs and such funding mechanism is an obligation of all owners governed by such
CC&Rs to fund the maintenance of Regional Open Space within that area of Spring Valley governed by
such CC&Rs. In no event does the Density Bonus provision, in section 1.4 of this Agreement, apply until
the funding mechanism is established by Developer in accordance with this Agreement.
g) Mutual Cooperation. City and Developer shall each use all good faith efforts to
support each and every exchange of lands between Developer and BLM and/or City and BLM.
2.7 Planning Unit Master Environmental Design Plan.
a) Landscape; Signage; Lighting. All development of the Property shall comply
with the landscape, signage and lighting standards of Eagle City Code Title 11.
b) Habitat Mitigation Plan. A Habitat Mitigation Plan that addresses development
within Constrained Lands, as generally identified on Exhibit J as Habitat Areas of Special Concern, has
been prepared by Developer in cooperation with City. The City-approved Habitat Mitigation Plan,
attached hereto as Exhibit N, identifies areas where Mitigation is required, the type of Mitigation actions,
if any, required, and the rationale for such actions. City and Developer may coordinate, cooperate, and
consult with other agencies in the application of the Habitat Mitigation Plan, but approval authority for the
application of the Habitat Mitigation Plan shall rest solely with City based on standards commensurate
with such Habitat Mitigation Plan(s) and based on findings that demonstrate a rational nexus Nothing in
the Habitat Mitigation Plan may be construed as either incorporating state and/or federal standards and/or
regulations that are not applicable to the Property or otherwise conferring any approval authority for the
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-21
Habitat Mitigation Plan to any state or federal agency. Implementation and compliance with the Habitat
Mitigation Plan shall be on a Planning Unit by Planning Unit basis. A PUMP shall not be approved if
development is proposed and compliance with the Habitat Mitigation Plan has not been approved or
conditionally approved in accordance with Eagle City Code Title 11.
2.8 Construction. To the extent Developer develops the Property, the Parties shall have the
right and the obligation, at any time after the commencement of the Term, to dedicate land, subject to
City's or other applicable governmental jurisdiction's acceptance, and/or construct or cause to be
constructed and installed any or all portions of the Public Infrastructure that relates to the segments of the
Property developed by Developer.
All such construction performed by Developer shall be performed to minimize disturbance to native and
existing plant cover outside of areas being developed. Developer shall comply with all applicable
requirements, standards, codes, rules, or regulations of City and in compliance with all applicable permit
requirements, standards, codes, rules or regulations of: (a)the State of Idaho; (b)the United States of
America; and (c) other applicable governmental agencies. Developer shall have the right, upon receipt
from City (or other applicable governmental jurisdiction, as may be applicable) of an appropriate
encroachment permit, to enter and remain upon and cross over any City-held (or other applicable
governmental jurisdiction, as may be applicable) easements or rights-of-way to the extent reasonably
necessary to facilitate such construction, or to perform necessary maintenance or repairs of such Public
Infrastructure, provided that Developer's use of such easements and rights-of-way shall not impede or
adversely affect City's use and enjoyment thereof and provided that Developer shall substantially restore
such easements and rights-of-way to their condition prior to Developer's entry upon and completion of
such construction, repair or maintenance. To the extent permitted by law and subject to obtaining an
encroachment permit from City (or other applicable governmental jurisdiction), the prior dedication of any
easements or rights-of-way shall not affect or proscribe Developer's right to construct, install, and/or
provide Public Infrastructure thereon or thereover. City, as necessary to implement the installation of
Public Infrastructure, shall cooperate reasonably with and assist in: (a) the abandonment of any
unnecessary public rights-of-way or easements currently located on the Property and not otherwise used
or required by other members of the public; (b)the acquisition of any necessary public rights-of-way or
easements not currently located on the Property and required to be consistent with the Planning Unit
Master Plans or provide access to the Property pursuant to the Planning Unit Master Plans except on
lands currently filed with and under review by the City of Eagle for development approvals; and
c) submitting requests or filing applications, or entering into intergovernmental agreements with
appropriate governmental entities regarding the abandonment or acquisition of public rights-of-way or
easements necessary to develop the Property.
2.9 Infrastructure Assurance. It shall be a condition to the issuance of a building permit or
permits that City shall have been provided with bonds or letters of credit sufficient to ensure completion of
Public Infrastructure in connection with the applicable plat, in accordance with City's existing policies or
ordinances for the amount of such bonds or letters of credit sufficient to ensure the full and faithful
completion of the public improvement associated with the applicable plat. The Infrastructure
Assurance(s) shall be reduced accordingly as construction of the infrastructure subject to such assurance
is completed. Within 60 days from City's approval of the particular completed Public Infrastructure for
which City has required and Developer has provided Infrastructure Assurance, City shall release (or, in
the case of a letter of credit, accept a substitute letter of credit) such assurance, in whole or in part as
may be appropriate under the circumstances.
2.10 Public Infrastructure Development Fee Credit; Reimbursement. Notwithstanding
anything to the contrary herein, the Public Infrastructure to be provided by Developer shall confer a
benefit on the Property and, in certain instances, may confer a benefit on land areas outside the Property.
In recognition of such benefits to the Property, in connection only with the Public Infrastructure under the
jurisdiction of City, City shall take into account and credit and/or reimburse Developer against the sum
total of all applicable public infrastructure development fees, under City's jurisdiction and control, now
existing or adopted by City in the future, owed by Developer or anticipated builders/residents on the
Property. In recognition of such benefits to land areas outside of the Property, City shall take into account
and reimburse Developer against the sum total of all of Developer's costs and expenses associated with
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-22
constructing, acquiring, and/or installing such Public Infrastructure benefiting such other land areas. This
section shall survive the termination of this Agreement.
3.REGULATION OF DEVELOPMENT.
3.1 Regulation of Development.
a) Applicable Rules. The ordinances, rules, regulations, permit requirements,
development fees, other infrastructure fees, exactions, other requirements, and/or official policies
however denominated, applicable to and governing the development of the Property shall be those that
are existing and in force as of the Date of Application, as may be mutually amended by amendment to
this Agreement; provided, however, notwithstanding anything to the contrary herein, Titles 8 and 9 of
Eagle City Code are not applicable to Spring Valley and have been replaced by Title 11 of Eagle City
Code. City shall not amend this Agreement and/or Title 11 of Eagle City Code without written approval of
Developer as set forth herein.
b) Permissible Additions to the Applicable Rules. Except as otherwise provided
in this Agreement City may enact the following provisions, and take the following actions, which shall be
applicable to and binding on the development of the Property provided, however, City shall provide
Developer with an opportunity to suggest methods of enacting and implementing such provisions to the
Property:
i) future land use ordinances, rules, regulations, permit requirements, other
requirements and official policies of City that are consistent with the
express provisions of this Agreement and/or Title 11 of Eagle City Code,
and not contrary to the existing land use regulations applicable to and
governing the development of the Property, provided that such land use
ordinances, rules, regulations, permit requirements, other requirements,
and official policies shall, to the extent applicable, not involve the
modification of any factual determinations of City memorialized in this
Agreement and shall not materially impair Developer's ability to develop
the Property in the manner provided in this Agreement and/or Title 11 of
Eagle City Code. In the event of conflict between this Agreement and/or
Title 11 of Eagle City Code, and/or such future land use ordinances,
rules, regulations, permit requirements, and/or other requirements and
policies of City, this Agreement shall control;
ii) other future land use ordinances, rules, regulations, permit requirements,
development fees, other requirements, and/or official policies that
Developer may agree, in writing apply to the development of the
Property;
iii) future land use ordinances, rules, regulations, permit requirements, other
requirements and official policies of City enacted as necessary to comply
with this Agreement or mandatory requirements imposed on City by state
or federal laws and regulations, court decisions, and other similar
superior external authorities beyond the control of City; provided,
however, that in the event any such mandatory requirement prevents or
precludes compliance with this Agreement, such affected provisions of
this Agreement shall be modified as may be necessary to achieve the
minimum permissible variance from the terms of this Agreement in order
to achieve compliance with such mandatory requirement. To the extent
such compliance requires any discretionary factual determination by City,
such determinations shall be consistent with City's findings memorialized
in this Agreement;
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-23
iv) future land use and other ordinances, rules, regulations, permit
requirements, other requirements and official policies of City of uniform
application throughout City and reasonably necessary to alleviate
legitimate threats to public health and safety, provided that such land use
ordinances, rules, regulations, permit requirements, other requirements
and official policies shall, to the extent applicable, not involve the
modification of any material factual determinations of City memorialized
in this Agreement; and
v) future updates of, and amendments to, existing building, fire, plumbing,
mechanical, electrical, dangerous buildings, drainage, and similar
construction and safety related codes, such as the International Building
Code, which updates and amendments are generated by a nationally
recognized construction/safety organization, such as the International
Conference of Building Officials, or by the state or federal governments.
3.2 Amendment. City and Developer acknowledge that amendments to this Agreement may
be necessary or appropriate from time to time. When the Parties agree that an amendment is necessary
or appropriate, the Parties shall, unless otherwise required by applicable law as established in this
Agreement or by state or federal statute, effectuate minor amendments administratively approved by the
Zoning Administrator which include: (i) Any minor alteration to the list of permitted uses of the Property
set forth in Title 11 of Eagle City Code and/or this Agreement; and (ii)Any reallocation of residential
density or Non-Residential Use acreage between Planning Areas so long as the Maximum Planning Area
Density or Maximum Density allowed per this Agreement is not exceeded. The approval of such minor
amendments shall not necessitate formal amendment of this Agreement, but shall be retained in City's
official file for the Property. All amendments to this Agreement shall be reviewed and approved by City
Council in accord with the notice and public hearing procedures of Title 11 of Eagle City Code. The
Parties shall cooperate in good faith to agree upon and use reasonable efforts to process any
amendments to this Agreement.
No moratorium, future ordinance, resolution or other land use rule or regulation imposing a limitation on
the development or the rate, timing or sequencing of the development, of the Property or any portion
thereof shall apply to or govern the development of the Property whether affecting land use permits,
subdivision plats, building permits, occupancy permits or other entitlements to use issued or granted by
City, except as otherwise provided in this Agreement. Nothing in this section shall prohibit City from
withholding the issuance of Certificates of Occupancy for a structure to be occupied if the Public
Infrastructure improvements set forth in this Agreement and Planning Unit Master Plans required to serve
the applicable portion of the Property on which a structure to be occupied is to be located are not in place
prior to occupation of such structure.
3.3 Changes to Zoning and Development Program. Any requests for changes or
modifications to Title 11 of Eagle City Code and/or this Agreement shall be processed in the manner then
set forth in Title 11 of Eagle City Code and/or this Agreement and/or other applicable law. Any such
requests that are initiated by City shall become effective only upon Developer's written consent. Nothing
in this section shall be deemed to require City approval of requested changes to the zoning or land use
designations applicable to this Property. The approval of any plat which contains less density than is
achieved in the Planning Unit Master Plan approved as detailed in section 1.4 of this Agreement shall not
have the effect of reducing the Project's overall Maximum Density but Developer shall be able to
reallocate such density in accordance with this Agreement.
3.4 Vested Rights. As set forth in this Agreement, Developer shall have a vested right to
develop the Property in accordance herewith. This section shall survive termination of this Agreement.
The determinations of the Parties memorialized in this Agreement, together with the assurances provided
to the Parties in this Agreement, including this section, are bargained for and in consideration for the
undertakings of the Parties set forth herein and contemplated by this Agreement, and are intended to be
and have been relied upon by the Parties to the Parties' detriment in undertaking the obligations of the
Parties under this Agreement.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-24
4.PROJECT GOVERNANCE.
4.1 Governance Entities. Developer shall create appropriate entities including, without
limitation, a non-profit Owners' Association, and record CC&Rs consistent with this Agreement which bind
all present and future owners within the Project and provide for the perpetual support and maintenance of
the Project's governance entities, processes and common areas and to establish quality control
throughout the Property both during development and during maturing of the community after the last
house is built. Developer provided City with a draft set of CC&Rs concurrently with the submittal of the
first Planning Unit Master Plan in December 2012.
4.2 Development Standards. Enforceable planning and development standards shall be
applicable to all development within the Property, including both new construction and later modifications.
City and Developer have drafted such standards, which are contained in Title 11 of Eagle City Code.
4.3 Design Guidelines. Enforceable planning, architectural and landscape design
guidelines, including, without limitation, water and native plant conservation techniques, shall be
applicable to all development within the Property, including both new construction and later modifications.
City and Developer have drafted such standards, which are contained in Title 11 of Eagle City Code. In
the event of any conflicts between the EASD and Title 11 of Eagle City Code, Title 11 of Eagle City Code
shall prevail.
5.COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION.
5.1 Compliance Reviews. As long as Developer owns any of the Property, Developer's
Representative shall meet with City's Representative at least once per year during the Term, to review
development completed in the prior year and the development anticipated to be commenced or
completed in the ensuing year. Developer shall be required to provide City with such information as may
reasonably be requested including: acreage of the Property sold in the prior year; acreage of the
Property under contract; the number of certificates of occupancy issued in the prior year; the number of
certificates of occupancy anticipated to be issued in the ensuing year; and Development Rights allocated
in the prior year and anticipated to be allocated in the ensuing year.
5.2 Agreement to Cooperate. In the event of any legal or equitable action or other
proceeding instituted by a third-party or other governmental entity or official challenging the validity of any
provision of this Agreement, the Parties hereby agree to cooperate in defending such action or
proceeding. City and Developer may agree to select mutually agreeable legal counsel to defend such
action or proceeding with the parties sharing equally in the cost of such joint counsel, or each party may
select its own legal counsel at each party's expense. All other costs of such defense(s) shall be shared
equally by the parties. Each party shall retain the right to pursue its own independent legal defense.
5.3 Default. Failure or unreasonable delay by either Party to perform or otherwise act in
accordance with any term or provision of this Agreement for a period of 30 days following written notice
thereof from the other Party (the "Cure Period"), shall constitute a default under this Agreement;
provided, however, that if the failure or delay is such that more than 30 days would reasonably be
required to perform such action or comply with any term or provision hereof, then such Party shall have
such additional time as may be reasonably necessary to perform or comply so long as such Party
commences performance or compliance within such 30-day period and diligently proceeds to complete
such performance or fulfill such obligation (the "Extended Cure Period"). The written notice provided for
above shall specify the nature of the alleged default and the manner in which said default may be
satisfactorily cured, if possible. In the event a default of Developer is not cured within the Cure Period or
the Extended Cure Period, if applicable, the zoning of that portion of the Property related to such default
shall convert to the A-R (Agricultural-Residential) zoning designation. In the event a default of City is not
cured within the Cure Period or the Extended Cure Period, if applicable, upon written notice from
Developer, City shall take all steps to immediately de-annex the Property and this Agreement shall
automatically terminate.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-25
5.4 Dispute Resolution/Remedies.
a) Process. Notwithstanding anything to the contrary herein, if an event of default
is not cured within the Cure Period or the Extended Cure Period, if applicable, the non-defaulting Party
may initiate the process by providing written notice initiating the process to the alleged defaulting Party.
Within 15 days after delivery of such notice, each Party shall appoint one person to act as mediator on
behalf of such Party and notify the other Party. Within 15 days after delivery of such notice, the persons
appointed shall themselves appoint one person to serve as the sole mediator. The mediator shall set the
time and place of the mediation hearing and shall give reasonable notice of the hearing to the Parties.
The Parties may agree to hold the hearing by telephone.
b) Hearing. The Parties have structured this dispute resolution process with the
goal of providing for the prompt and efficient resolution of all disputes falling within the purview of this
process. The hearing of any dispute shall commence as soon as practicable, but in no event later than
30 days after selection of the mediator. This deadline can be extended only with the consent of both
Parties. Proceedings shall be under the control of the mediator and as informal as practicable. In order
to effectuate the Parties' goals, the mediation, once commenced, shall proceed from business day to
business day until concluded, absent a showing of unforeseen or emergency circumstances. If those
receiving a request for mediation fail to appoint a mediator within the time above specified, or if the result
of such mediation is unsatisfactory to one or more Parties, then any Party may avail itself of any legal or
equitable remedy available under Idaho law.
c) Fees. Each Party shall pay one-half of all fees and costs associated with the
mediation process.
d) Condemnation. The process and remedies set forth herein shall not apply to an
action to condemn or acquire by inverse condemnation all or any portion of the Property, and in the event
of any such action, Developer shall have all rights and remedies available to it at law or in equity.
5.5 Prevailing Party. In the event that either party to this Agreement shall file suit or action
at law or equity to interpret or enforce this Agreement, the unsuccessful party to such litigation agrees to
pay to the prevailing party all costs and expenses including reasonable attorneys' fees incurred by the
prevailing party. Similarly, all fees and costs associated with an appeal to any appellate court thereafter,
including, without limitation, the prevailing Party's attorneys' fees, shall be paid by the non-prevailing
party.
6.NOTICES AND FILINGS.
6.1 Manner of Serving. All notices,filings, consents, approvals and other communications
provided for herein or delivered in connection herewith shall be validly delivered, filed, made, or served if
in writing and delivered personally or delivered by a nationally recognized overnight courier or sent by
certified United States Mail, postage prepaid, return receipt requested, if to:
City: City Clerk Developer: M3 Eagle L.L.C.
City of Eagle c/o William I. Brownlee
660 E. Civic Lane 4222 E. Camelback Road #H100
P.O. Box 1520 Phoenix, AZ 85018
Eagle, ID 83616
With a copy to: Susan E. Buxton With a copy to: JoAnn C. Butler
Moore Smith Buxton &Turcke Spink Butler, LLP
950 W. Bannock, Suite 520 251 E. Front Street, Suite 200
Boise, ID 83702 Boise, ID 83702
or to such other addresses as either Party hereto may from time to time designate in writing and delivery
in a like manner.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-26
6.2 Mailing Effective. Notices, filings, consents, approvals and communication given by
mail shall be deemed delivered immediately if personally delivered, 24 hours following deposit with a
nationally recognized courier, or 72 hours following deposit in the U.S. mail, postage prepaid and
addressed as set forth above.
7.MISCELLANEOUS.
7.1 Operations During Construction. Developer intends to, and hereby does, reserve
mineral and/or royalty rights on minerals located on or under the Property. Mining (for purposes of on-site
material usage),blasting and batch plant operations shall be allowed on-site during construction of the
Project in accordance with Title 11 of Eagle City Code and/or this Agreement. The location of such
operations shall be subject to reasonable regulation and approval by the appropriate governmental
agencies that have jurisdiction over such operations. Portions of the Property not currently under
development may be used for agricultural purposes.
7.2 Termination Upon Sale to Public. Except as otherwise provided herein, this
Agreement is not intended to and shall not create conditions or exceptions to title or covenants running
with the Property beyond the development of the Property. Therefore, in order to alleviate any concern
as to the effect of this Agreement on the status of title to any portion of the Property, this Agreement shall
terminate without the necessity of any notice, agreement or recording by and/or between the Parties in
connection with any lot that has been finally subdivided and individually (and not in "bulk") leased (for a
period of longer than one year) or sold to the end-purchasers or users thereof (a "Public Lot") and
thereupon such Public Lot shall be released from and no longer be subject to or burdened by the
provisions of this Agreement. Notwithstanding such termination and/or release, nothing in this Agreement
extinguishes City's right to enforce Developer's obligations under this Agreement and/or final plat
approvals to provide necessary Public Infrastructure easements and/or lots.
7.3 Termination Upon Completion of Development. City shall, upon written request of
Developer, execute appropriate and recordable evidence of termination of this Agreement if City has
determined reasonably that Developer has fully performed Developer's obligations under this Agreement
in connection with all or a portion of the Property. Upon final approval of any detailed phase of the
Property, or portion thereof, by City, and the recordation of the final plat in connection therewith, City
shall, as soon as practicable, execute and record an appropriate instrument of release of the Agreement
in connection with such phase of development of the Property. Status Statements. Any Party may, at
any time, and from time to time, deliver written statement to any other Party requesting that such other
Party provide in writing that, to the knowledge of such other Party: (a)this Agreement is in full force and
effect and a binding obligation of the Parties; (b)this Agreement has not been amended or modified, and
if so amended, identifying the amendments; (c)the requesting Party is not in default in the performance of
its obligations under this Agreement, or if in default, to describe therein the nature and amount of any
such defaults. A Party receiving a request hereunder shall execute and return such statement within a
reasonable time following the receipt thereof. City acknowledges that such statement hereunder may be
relied upon by transferees and mortgagees. City shall have no liability for monetary damages to
Developer, and transferee or mortgagee, or any other person in connection with, resulting from or based
upon the issuance of any statement hereunder.
7.4 Mortgage Provisions.
a) Mortgagee Protection. This Agreement shall be superior and senior to any
future lien placed upon the Property, or any portion thereof, including the lien of any Mortgage. However,
no breach hereof shall invalidate or impair the lien of any Mortgage made in good faith and for value, and
any acquisition or acceptance of title or any right or interest in or with respect to the Property, or any
portion thereof, by a mortgagee (herein defined to include a beneficiary under a deed of trust), whether
under or pursuant to a mortgage foreclosure, trustee's sale or deed in lieu of foreclosure or trustee's sale,
or otherwise, shall be subject to all of the terms and conditions contained in this Agreement. No
mortgagee shall have an obligation or duty under this Agreement to perform Developer's obligations or
other affirmative covenants of Developer hereunder, or to guarantee such performance; except that to the
extent that any covenant to be performed by Developer is a condition to the performance of a covenant
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-27
by City, the performance thereof shall continue to be a condition precedent to City's performance
hereunder.
b) Bankruptcy. If any mortgagee is prohibited from commencing or prosecuting
foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by
any court of competent jurisdiction or by reason of any action by any court having jurisdiction of any
bankruptcy or insolvency proceeding involving Developer, the times specified above for commencing or
prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition, provided
that such mortgagee is proceeding expeditiously to terminate such prohibition and in no event for a period
longer than 2 years.
8.GENERAL.
8.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver by either
Party thereof, and no waiver by City or Developer of the breach of any covenant or condition of this
Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any
other covenant or condition of this Agreement.
8.2 Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together constitute one and the same instrument. The
signature pages from one or more counterparts may be removed from such counterparts and such
signature pages all attached to a single document so that the signatures of all Parties may be physically
attached to a single document.
8.3 Headings. This Agreement shall be construed according to its fair meaning and as if
prepared by both Parties hereto. Titles and captions are for convenience only and shall not constitute a
portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the
singular or plural number shall each be deemed to include the others wherever and whenever the context
so dictates.
8.4 Exhibits and Recitals. Any exhibit attached hereto shall be deemed to have been
incorporated herein with the same force and effect as if fully set forth in the body hereof. The Recitals set
forth above shall be deemed to have been incorporated herein with the same force and effect as if fully
set forth in the body hereof. The Definitions set forth prior to the Recitals shall be deemed to have been
incorporated herein with the same force and effect as if fully set forth in the body hereof.
8.5 Further Acts. Each of the Parties shall promptly execute and deliver all such documents
and perform all such acts as reasonably necessary, from time to time, to carry out the matters
contemplated by this Agreement.
8.6 Time of Essence. Time is of the essence in implementing the terms of this Agreement.
8.7 Successors and Assigns. The burdens of this Agreement are binding upon, and the
benefits inure to, all successors in interest of the Parties to this Agreement and constitute covenants that
run with the land. Developer's rights and obligations hereunder shall be assigned to a person or entity
that has acquired the Property, or a portion thereof, and shall be assigned by a written instrument,
recorded in the official records of Ada County, Idaho, expressly assigning such rights and obligations. In
the event of a complete or partial assignment of Developer's rights and obligations hereunder, except an
assignment for collateral purposes only, Developer's liability under this Agreement shall terminate.
Nothing in this Agreement shall operate to restrict Developer's ability to assign less than all of Developer's
rights and obligations under this Agreement to those persons or entities that acquire any portion of the
Property. Notwithstanding the foregoing, the ongoing ownership, operation and maintenance obligations
in connection with this Agreement may be assigned to an Owners' Association. Developer shall provide
City with written notice of any assignment and acceptance of such assignment of Developer's rights or
obligations to such Owners' Association within a reasonable period of time following such assignment.
Notwithstanding any other provisions of this Agreement, Developer may assign all or part of Developer's
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-28
rights and duties under this Agreement as collateral to any financial institution from which Developer has
borrowed funds for use in developing the Property
8.8 No Partnership; Third Parties. It is hereby specifically understood, acknowledged and
agreed that neither City nor Developer shall be deemed to be an agent of the other for any purpose
whatsoever. It is not intended by this Agreement to, and nothing contained in this Agreement shall,
create any partnership, joint venture or other arrangement between Developer and City. No term or
provision of this Agreement is intended to, or shall, be for the benefit of any third-party, person, firm,
organization or legal entity not a party hereto, and no such other third-party, person, firm, organization or
legal entity shall have any right to cause of action hereunder.
8.9 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter hereof. All prior and contemporaneous agreements,
representations and understandings of the Parties, oral or written, are hereby superseded and merged
herein. No modification or amendment to this Agreement of any kind whatsoever shall be made or
claimed by Developer or City shall have any force or effect whatsoever unless the same shall be
endorsed in writing and signed by the Party against which the enforcement of such modification or
amendment is sought, and then only to the extent set forth in such instrument. Such approved
amendment shall be recorded in the Official Records of Ada County, Idaho. Any alteration or change to
this Agreement shall be made only after complying with the notice and hearing provisions of Eagle City
Code Title 11.
8.10 Construction. All Parties hereto have either been represented by separate legal
counsel or have had the opportunity to be so represented. Thus, in all cases, the language herein shall
be constructed simply in accord with its fair meaning and not strictly for or against a Party, regardless of
whether such Party prepared or caused the preparation of this Agreement.
8.11 Names and Plans. Developer shall be the sole owner of all names, titles, plans,
drawings, specifications, ideas, programs, designs and work products of every nature at any time
developed, formulated or prepared by or at the request of Developer in connection with the Property and
the Project; provided, however, that in connection with any conveyance of portions of the Property to City,
such rights pertaining to the portions of the Property so conveyed shall be assigned to City to the extent
that such rights are assignable.
8.12 Severability. If any provision of this Agreement is declared void or unenforceable, such
provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If
any applicable law or court of competent jurisdiction prohibits or excuses one Party from undertaking any
contract commitment to perform any act hereunder, then the other Party may, at such other Party's sole
discretion, terminate this Agreement or proceed with that portion of the Agreement not prohibited by law.
It is the Parties' express intention that the terms and conditions be construed and applied as provided
herein, to the fullest extent possible. It is the Parties' further intention that, to the extent any such term or
condition is found to constitute an impermissible restriction of the police power of City, such term or
condition shall be construed and applied in such lesser fashion as may be necessary to not restrict the
police power of City.
8.13 Choice of Law. This Agreement shall be construed in accordance with the laws of the
State of Idaho in effect on the Date of Application. Any action brought in connection with this Agreement
shall be brought in a court of competent jurisdiction located in Ada County, Idaho.
8.14 Recordation. After its execution, this Agreement shall be recorded in the office of the
Ada County, Idaho Recorder at the expense of Developer. Each commitment and restriction on the
Project shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and
shall run with the land. This Agreement shall be binding on Developer and owners, and their respective
heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided,
however, that if all or any portion of the Project is sold, the sellers shall thereupon be released and
discharged from any and all obligations arising under this Agreement in connection with the portion of the
Property sold. The new owner of the Property or any portion thereof (including, without limitation, any
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-29
owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all
commitments and other obligations arising under this Agreement with respect to the Property or portion
thereof.
8.15 No Developer Representations. Nothing contained herein shall be deemed to obligate
Developer to complete any part or all of the development of the Property in accordance with this
Agreement, the Development Plan or any other plan, and this Agreement shall not be deemed a
representation or warranty by Developer of any kind whatsoever.
8.16 Good Standing; Authority. Each of the Parties represents to the other that:
a) Developer is a Texas limited liability company duly qualified to do business in Idaho; (b) City is a
municipal corporation duly qualified to do business in the State of Idaho; and (c)the individual(s)
executing this Agreement on behalf of the Parties are authorized and empowered to bind the Party on
whose behalf each such individual is signing.
End of Text]
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-30
IN WITNESS WHEREOF, the Parties hereto, having been duly authorized, have executed thisAmendedandRestatedDevelopmentAgreementtobeeffectiveonthedatefirstwrittenabove.
CITY: M3 EAGLE:
CITY OF EAGLE, IDAHO, a municipal corporation M3 Eagle L.L.C., a Texas limited liability companyorganizedandexistingunderthelawsoftheState
of Idaho By: Project Holdings, LLC, an Arizona
limited liability company, its sole Member
le By: M3 BUILDERS,L.LC.,an Arizona
By . i. . 111 A.../i limited liability company, its Manager
es D. -eynolds, T'or
By: The M3 Companies,L.L.C.,an
Attest: Arizona limited liability company, its
sole Member
i $ _ A• :411.4..(
haron k. Bergmann,City Clerk By:A
a.., William I. Brownlee, Member
OF E40
G,• VORAT[[•'' 1.
O Notary Acknowledgements Follow]
a iv•
alos
to
gjtj ,:o
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-31
STATE OF IDAHO )
ss.
County of Ada
On this`5- day ofk J4nqu 201 , before me,the undersigned,a NotaryPublicinandforsaidState, personally appeared James D. Reynolds, known or identified to me to be the
Mayor of the City of Eagle,the municipal corporation that executed the instrument or the person who
executed the instrument on behalf of said municipal corporation, and acknowledged to me that such
municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyearinthiscertificatefirstabovewritten.
i
Ind -...‘e ../ flidellA _
Notary Pu; - •; daho I
Residing A Ai/ : 'i_i un.h..
My commissi• expires: d 4• E O 4,8 '
1%
O d
r •• a •y
TA s rpj
i „,w 1UBL"G
Z
I'
s
I 4•••m1A••• ,e,' 0,
STATE OF ARIZONA ) ro,•o.•••
County of avepet
p )ss
On this
Ion
tdayof .1006 . 201 before me,the undersigned,a NotaryPublicinandforsaidState, personally appe red William I. Brownlee, member of The M3 Companies,
L.L.C.,an Arizona limited liability company,the sole member of M3 Builders, L.LC.,an Arizona limited
liability company,the manager of Project Holdings,LLC,an Arizona limited liability company, known oridentifiedtometobethesolememberofM3EagleL.LC.,the Texas limited liability company that
executed the instrument,or the person who executed the instrument on behalf of said limited liabilitycompany,and acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyearinthiscertificatefirstabovewritten.
6'
I
0 KELLYANME. N• : P •lic or ArizonakWartPublic- .,of Adana
MNICOM -•tf Resi• gat u064Gnu. . _..,-. --
My commission expires: 11-1344
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-32
Exhibit A
J-U-B MR
J-U-B COMPANIES NONN ji
GATEWAY
J•U•B ENGINEERS,INC.
DESCRIPTION FOR
M3 PROPERTIES
December 21, 2012
PARCEL 1
A PARCEL OF LAND BEING PORTIONS OF SECTIONS 10, 11, 12, 13, 14, 15, 22, 23,
24, 26, 27, 28 AND 33, TOWNSHIP 5 NORTH, RANGE 1 WEST, B.M. AND
SECTIONS 7, 17, 18, 19 AND 20, TOWNSHIP 5 NORTH, RANGE 1 EAST, B.M., ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 33, T.5 N.,
R.1 W., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 51°51'16"W 1038.72 FEET TO A POINT;
THENCE S 08°04'51" E 54.22 FEET TO A POINT;
THENCE S 63°02'18" W 382.31 FEET TO A POINT;
THENCE S 67°11'38"W 254.57 FEET TO A POINT;
THENCE S 52°16'06" W 535.08 FEET TO A POINT;
THENCE S 38°40'25" W 715.30 FEET TO A POINT;
THENCE S 21°05'40" W 84.42 FEET TO A POINT;
THENCE N 88°57'16" W 182.70 FEET TO A POINT ON A CURVE ON THE EAST
RIGHT OF WAY OF HIGHWAY 16;
ALONG THE EAST RIGHT OF WAY OF HIGHWAY 16 THE FOLLOWING:
THENCE 283.91 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 1859.86 FEET, A DELTA ANGLE OF 8°44'47", A TANGENT OF 142.23
FEET AND A CHORD BEARING N 13°10'13"W 283.63 FEET TO A POINT OF
SPIRAL CURVATURE;
4/ IONp
Ate, .
4 _,: •
Prepared, correcting certain scrivener errors and summarizing areas, o
from information of record:the original description signed by Michael o
Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. J p
4 qT `pp ,
Page 1 of 14 CHq£L
0
S
0y
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
lB 1 U B COMPANIES I B is GATEWAYNAPPING
INC.
J•U•B ENGINEERS,INC.
THENCE 355.29 FEET ALONG A SPIRAL CURVE, HAVING A RADIUS OF 1897.44
FEET, A THETA ANGLE OF 5°21'51"AND A CHORD BEARING
N 05°11'07"W 355.15 FEET TO A POINT OF TANGNECY;
THENCE N 03°23'51"W 974.07 FEET TO A POINT;
LEAVING THE EAST RIGHT OF WAY OF HIGHWAY 16:
THENCE N 87°34'55" E 181.86 FEET TO A POINT;
THENCE N 68°21'01" E 96.70 FEET TO A POINT;
THENCE N 58°25'55" E 150.10 FEET TO A POINT;
THENCE N 00°37'49" E 303.23 FEET TO A POINT;
THENCE S 67°20'45" E 25.66 FEET TO A POINT OF CURVATURE;
THENCE 167.31 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 140.00 FEET, A DELTA ANGLE OF 68°28'28", A TANGENT OF 95.28
FEET, A CHORD BEARING N 78°25'01" E 157.53 FEET TO A POINT OF
TANGENCY;
THENCE N 44°10'47" E 140.31 FEET TO A POINT OF CURVATURE;
THENCE 25.96 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 250.00 FEET, A DELTA ANGLE OF 05°57'01", A TANGENT OF 12.99
FEET, A CHORD BEARING N 41°12'17" E 25.95 FEET TO A POINT ON A CURVE;
THENCE N 81°23'04" E 27.32 FEET TO A POINT;
THENCE S 68°29'37" E 45.40 FEET TO A POINT;
THENCE N 65°02'00" E 50.04 FEET TO A POINT;
THENCE N 23°32'44" E 64.53 FEET TO A POINT;
AN0
Prepared, correcting certain scrivener errors and summarizing areas, o 4frominformationofrecord:the original description signed by Michael a- 1 4 0
Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me.
Page 2of14 yg E
F
et kk•
L S .
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
T1iJBB 1-U-B COMPANIES u NOOaa eu v 'wao
noun I wc.
14•B ENGINEERS,INC.
THENCE N 20°06'56" E 67.97 FEET TO A POINT;
THENCE N 48°34'57" E 51.57 FEET TO A POINT;
THENCE N 78°24'30" E 51.93 FEET TO A POINT;
THENCE S 86°36'10" E 58.11 FEET TO A POINT;
THENCE S 79°22'07" E 63.34 FEET TO A POINT;
THENCE N 68°30'06" E 48.40 FEET TO A POINT;
THENCE N 55°37'43" E 50.14 FEET TO A POINT;
THENCE N 03°55'40"W 113.44 FEET TO A POINT;
THENCE N 55°04'43" E 50.18 FEET TO A POINT;
THENCE S 60°15'33" E 99.46 FEET TO A POINT;
THENCE N 80°09'11" E 33.37 FEET TO A POINT;
THENCE N 56°26'36" E 395.71 FEET TO A POINT;
THENCE S 01°06'40" E 119.64 FEET TO A POINT;
THENCE N 75°37'00" E 356.02 FEET TO A POINT;
THENCE N 01°07'57"W 597.00 FEET TO A POINT;
THENCE S 88°42'53" E 660.70 FEET TO THE NORTHEAST CORNER OF THE
SE % OF THE SE '/, SECTION 28;
THENCE N 00°30'21" E 1315.63 FEET TO THE NORTHWEST CORNER OF THE SW
SECTION 27;
THENCE S 89°21'49" E 1316.18 FEET TO THE SOUTHWEST CORNER OF THE SE
1/
4 OF THE NW '/, SECTION 27;
Ay- . ND
Prepared, correcting certain scrivener errors and summarizing areas,
from information of record: the original description signed by Michael a -1 1 4 c)Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. JI
TF O 0' `2
Page 3of14 ey4ELs . `
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
JUB WICOnN
i
CONWAY
J•U•B ENGINEERS,INC.
THENCE N 00°28'47" E 1316.75 FEET TO THE NORTHWEST CORNER OF THE SE
1/4 OF THE NW 1/4, SECTION 27;
THENCE S 89°24'56" E 1315.09 FEET TO THE NORTHEAST CORNER OF THE SE %
OF THE NW 1/4, SECTION 27;
THENCE S 89°24'55" E 1321.60 FEET TO THE NORTHEAST CORNER OF THE SW
1/4 OF THE NE 1/4; SECTION 27;
THENCE N 00°06'10" E 1319.18 FEET TO THE NORTHWEST CORNER OF THE NE
OF THE NE 1/4, SECTION 27;
THENCE S 89°28'02" E 1314.00 FEET TO THE SECTION CORNER COMMON TO
SECTIONS 22, 23, 26 AND 27;
THENCE N 01°29'36" E 1317.12 FEET TO THE NORTHWEST CORNER OF THE SW
1/
4 OF THE SW%, SECTION 23;
THENCE N 89°24'31"W 1319.64 FEET TO THE SOUTHWEST CORNER OF THE NE
OF THE SE 'A, SECTION 22;
THENCE N 01°14'51" E 1318.39 FEET TO THE NORTHWEST CORNER OF THE NE
1/4 OF THE SE '/4, SECTION 22;
THENCE N 01°14'53" E 2631.45 FEET TO THE NORTHWEST CORNER OF THE NE
4 OF THE NE %, SECTION 22;
THENCE N 89°27'52"W 1336.59 FEET TO THE SOUTHWEST CORNER OF THE SE
4, SECTION 15;
THENCE N 89°12'37"W 2642.31 FEET TO THE SECTION CORNER COMMON TO
THE SECTION 15, 16, 21 AND 22;
THENCE N 00°27'13" E 2630.95 FEET TO THE NORTHWEST CORNER OF THE SW
4 OF SECTION 15;
Prepared, correcting certain scrivener errors and summarizing areas,
from information of record:the original description signed by Michael Q- 1 !Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. J
02f
4 41
OF
Page 4of14 ygEL S .
6y
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.con
B GATEWAY-U-B COMPANIES I Corgur ® "
J•U•B ENGINEERS,INC.
THENCE S 89°29'08" E 3967.38 FEET TO THE SOUTHWEST CORNER OF THE SE
4 OF THE NE '/ SECTION 15;
THENCE N 00°09'50" E 2626.90 FEET TO THE NORTHWEST CORNER OF THE NE
1/4 OF THE NE 1/4, SECTION 15;
THENCE N 00°16'02" E 2629.59 FEET TO THE NORTHWEST CORNER OF THE NE
OF THE SE '/ OF SECTION 10;
THENCE S 89°18'05" E 1306.55 FEET TO THE NORTHEAST CORNER OF THE NE
OF THE SE '/ OF SECTION 10;
THENCE N 00°43'51" E 1313.10 FEET TO THE NORTHWEST CORNER OF THE SW
OF THE NW' OF SECTION 11;
THENCE S 88°48'23" E 2640.93 FEET TO THE NORTHWEST CORNER OF THE SW
OF THE NE '/ OF SECTION 11;
THENCE S 88°48'22" E 1322.75 FEET TO THE NORTHEAST CORNER OF THE SW
1/4 OF THE NE 1/4, SECTION 11;
THENCE S 00°08'01° W 1315.01 FEET TO THE SOUTHEAST CORNER OF THE SW
OF THE NE '/ OF SECTION 11;
THENCE S 88°46'53" E 1328.84 FEET TO THE NORTHEAST CORNER OF THE SE '/
OF SECTION 11;
THENCE S 88°41'55" E 1300.16 FEET TO THE SOUTHWEST CORNER OF THE SE
OF THE NW ' OF SECTION 12;
THENCE N 00°14'37" E 1310.85 FEET TO THE NORTHWEST CORNER OF THE SE
OF THE NW ' OF SECTION 12;
THENCE S 88°29'38" E 1308.82 FEET TO THE NORTHEAST CORNER OF THE SE 1/4
OF THE NW '/ OF SECTION 12;
THENCE S 88°54'05" E 2618.91 FEET TO THE NORTHEAST CORNER OF THE SE '
OF THE NE 1/4 OF SECTION 12;
Prepared, correcting certain scrivener errors and summarizing areas,
from information of record: the original description signed by Michael 11 34 c>Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. r) ,Zi//
Page 5of14 ck4 E L S .
y
a 250 S.Beechwood Avenue,Suite 2M,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
JIJB ) 1 U B COMPANIES I GATEWAY
J•U•B ENGINEERS,INC.
THENCE S 00°38'47"W 2630.61 FEET TO THE NORTHWEST CORNER OF THE SW
1/
4 OF THE SW % OF SECTION 7, T.5N., R.1 E.,OF THE B.M.;
THENCE N 89°27'42" E 1320.99 FEET ALONG THE NORTH LINE OF THE SW 1/4 OF
THE SW ' TO A POINT ON THE CENTERLINE OF WILLOW CREEK ROAD;
ALONG THE CENTERLINE OF WILLOW CREEK ROAD THE FOLLOWING;
THENCE S 17°08'49" E 211.69 FEET TO AN ANGLE POINT;
THENCE S 21°38'20" E 468.10 FEET TO A POINT OF CURVATURE;
THENCE 170.12 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 365.00 FEET, A DELTA ANGLE OF 26°42'14", A TANGENT OF 86.63
FEET, A CHORD BEARING S 08°17'13" E 168.58 FEET TO A POINT OF
TANGENCY;
THENCE S 05°03'53"W 109.20 FEET TO A POINT OF CURVATURE;
THENCE 190.35 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 310.00 FEET, A DELTA ANGLE OF 35°10'52", A TANGENT OF 98.28
FEET, A CHORD BEARING S 12°31'32" E 187.37 FEET TO A POINT OF TANGENCY;
THENCE S 30°06'58" E 168.08 FEET TO AN ANGLE POINT;
THENCE S 34°03'01" E 298.62 FEET TO AN ANGLE POINT;
THENCE S 10°42'30" E 414.87 FEET TO A POINT OF CURVATURE;
THENCE 220.70 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 225.00 FEET, A DELTA ANGLE OF 56°12'00", A TANGENT OF 120.14
FEET, A CHORD BEARING S 38°48'30" E 211.96 FEET TO A POINT OF TANGENCY;
THENCE S 66°54'30" E 1186.00 FEET TO A POINT OF CURVATURE;
THENCE 243.68 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 1000.00 FEET, A DELTA ANGLE OF 13°57'43", A
g6,
F
s
Prepared, correcting certain scrivener errors and summarizing areas,
er
from information of record: the original description signed by Michael 1Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by t
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. J / p
4C 4T
O f \
pP 4?
Page 6of14 394a S .
y
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
JU-13
1-U-B COMPANIES I u1eiar MAC"
CROUP INC.
J•U•B ENGINEERS,INC.
TANGENT OF 122.45 FEET, A CHORD BEARING S 59°55'39" E 243.08 FEET TO A
POINT OF TANGENCY;
THENCE S 52°56'47" E 351.88 FEET TO A POINT OF CURVATURE;
THENCE 214.22 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING ARADIUSOF635.00 FEET, A DELTA ANGLE OF 19°19'45", A TANGENT OF 108.14
FEET, A CHORD BEARING S 44°01'28" E 213.21 FEET TO A POINT OF TANGENCY;
THENCE S 34°21'35" E 166.76 FEET TO A POINT OF CURVATURE;
THENCE 205.28 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING ARADIUSOF480.00 FEET, A DELTA ANGLE OF 24°30'13", A TANGENT OF 104.23
FEET, A CHORD BEARING S 24°11'03" E 203.72 FEET TO A POINT OF TANGENCY;
THENCE S 11°55'56" E 513.68 FEET TO A POINT OF CURVATURE;
THENCE 177.05 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 395.00 FEET, A DELTA ANGLE OF 25°40'56", A TANGENT OF 90.04
FEET, A CHORD BEARING S 24°46'24" E 175.58 FEET TO A POINT OF TANGENCY;
THENCE S 37°36'51" E 2385.82 FEET TO A POINT OF CURVATURE;
THENCE 470.67 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 720.00 FEET, A DELTA ANGLE OF 37°27'17", A TANGENT OF 244.09
FEET, A CHORD BEARING S 18°53'12" E 462.33 FEET TO A POINT OF TANGENCY;
THENCE S 00°09'34" E 210.73 FEET TO A POINT ON THE NORTH LINE OF SAID
SECTION 20;
LEAVING SAID CENTERLINE:
THENCE N 89°58'31" E 4449.98 FEET TO THE SECTION CORNER COMMON TO
SECTION 16, 17, 20 AND 21;
THENCE S 00°15'26" E 1316.05 FEET TO THE SOUTHEAST CORNER OF THE NE %
OF THE NE 1/4, SECTION 20;
itFird:NO
Prepared, correcting certain scrivener errors and summarizing areas, o
from information of record: the original description signed by Michael Q.
Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed byWalterNeitz, PLS 797, on 10/31/07. No survey was performed by me. 1%:/ /
02/11-•
Page 7 of 14 cygEL°S gy
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
CJUB J U B COMPANIES IGROUP INC.
J•U•B ENGINEERS,INC.
THENCE S 00°13'25" E 1316.49 FEET TO THE SOUTHEAST CORNER OF THE NE
SECTION 20;
THENCE N 89°57'10"W 1326.37 FEET TO SOUTHWEST CORNER OF THE SE 1/4 OF
THE NE 1/4 OF SECTION 20;
THENCE S 00°18'35" E 1314.75 FEET TO SOUTHEAST CORNER OF THE NW 1/4 OF
THE SE '/ OF SECTION 20;
THENCE N 89°57'26" W 827.46 FEET TO A POINT ON THE WESTERLY RIGHT OF
WAY OF WILLOW CREEK ROAD;
ALONG THE WESTERLY RIGHT OF WAY OF WILLOW CREEK ROAD THE
FOLLOWING:
THENCE N 41°13'22" W 186.71 FEET TO A POINT OF CURVATURE;
THENCE 208.60 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 949.44 FEET, A DELTA ANGLE OF 12°35'19", A TANGENT OF 104.72
FEET, A CHORD BEARING N 47°31'02"W 208.18 FEET TO A POINT OF A
REVERSED CURVATURE;
THENCE 204.80 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 1297.79 FEET, A DELTA ANGLE OF 9°02'30", A TANGENT OF 102.61
FEET, A CHORD BEARING N 49°17'26"W 204.59 FEET TO A POINT OF
TANGENCY;
THENCE N 44°46'11" W 411.88 FEET TO AN ANGLE POINT;
THENCE N 42°05'07"W 231.38 FEET TO A POINT OF CURVATURE;
THENCE 331.68 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 1899.41 FEET, A DELTA ANGLE OF 10°00'18", A TANGENT OF 166.26
FEET, A CHORD BEARING N 37°04'58"W 331.25 FEET TO A POINT OF
TANGENCY;
THENCE N 32°04'49" W 223.05 FEET TO A POINT OF CURVATURE;
ND
I'C'I'%
Prepared, correcting certain scrivener errors and summarizing areas, vr'
from information of record: the original description signed by Michael 71Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by 4
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. P,1142/8_.q
Page 8 of 14 cy4EL°S .
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www jub.com
JUB J U B COMPANIES THE GATEWAY
4 ap
Q
J•U•B ENGINEERS,INC.
THENCE 234.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 1040.80 FEET, A DELTA ANGLE OF 12°55'34", A TANGENT OF 117.90
FEET, A CHORD BEARING N 25°37'02"W 234.31 FEET TO A POINT OF REVERSE
CURVATURE;
THENCE 200.60 FEET TO A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 573.50 FEET, A DELTA ANGLE OF 20°02'27", A TANGENT OF 101.33
FEET, A CHORD BEARING N 29°10'29"W 199.58 FEET TO A POINT OF
TANGENCY;
THENCE N 39°11'42"W 233.00 FEET TO A POINT OF CURVATURE;
THENCE 476.94 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 970.55 FEET, A DELTA ANGLE OF 28°09'20", A TANGENT OF 243.39
FEET, A CHORD BEARING N 25°07'02"W 472.15 FEET TO A POINT OF
TANGENCY;
THENCE N 11°02'22"W 144.76 FEET TO A POINT OF CURVATURE;
THENCE 113.94 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 400.40 FEET, A DELTA ANGLE OF 16°18'14", A TANGENT OF 57.36
FEET, A CHORD BEARING N 19°11'29"W 113.55 FEET TO A POINT OF
TANGENCY;
THENCE N 27°20'36"W 62.21 FEET TO A POINT ON THE NORTH LINE OF THE SE
OF THE NW%, SECTION 20;
LEAVING THE WESTERLY RIGHT OF WAY OF WILLOW CREEK ROAD:
THENCE N 89°59'20"W 9.92 FEET TO THE NORTHEAST CORNER OF THE SW
OF THE NW'/ OF SECTION 20;
THENCE S 00°32'40" E 3941.70 FEET TO THE SOUTHEAST CORNER OF THE SW
OF THE SW 1/4 OF SECTION 20;
THENCE N 89°52'12"W 1321.63 FEET TO THE SECTION CORNER COMMON TO
SECTIONS 19, 20, 29 AND 30;
0l ANA
Prepared, correcting certain scrivener errors and summarizing areas, from information of record:the original description signed by Michael a 4 0
Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. WA`
Page 9 of 14
OF
dyN-L
S .
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
hJIIJ ,,
1.) J U B COMPANIES uixenox MTEWAY
OROYP N74
J•U•B ENGINEERS,INC.
THENCE S 89°36'15" W 2663.86 FEET TO THE SOUTHWEST CORNER OF THE SE
OF SECTION 19;
THENCE N 00°25'12" W 2625.76 FEET TO THE NORTHWEST CORNER OF THE SE
1/4 OF SECTION 19;
THENCE S 89°33'40" W 2335.42 FEET TO THE SOUTHEAST CORNER OF THE NE
OF SECTION 24, T.5N., R.1W., OF THE B.M.;
THENCE S 00°22'27" W 1312.13 FEET TO THE SOUTHEAST CORNER OF THE NE
4 OF THE SE 1/4 OF SECTION 24;
THENCE N 89°08'33"W 3934.61 FEET TO THE SOUTHWEST CORNER OF THE NE
1/4 OF THE SW 1/4 OF SECTION 24;
THENCE N 00°43'27" E 1309.91 FEET TO THE SOUTHEAST CORNER OF THE SW
1/
4 OF THE NW' OF SECTION 24;
THENCE N 89°10'27" W 1309.03 FEET TO THE SOUTHWEST CORNER OF THE NW
1/4 OF SECTION 24;
THENCE S 00°50'15" W 1309.18 FEET TO THE SOUTHEAST CORNER OF THE NE
4 OF THE SE 1/4 OF SECTION 23;
THENCE N 88°41'36" W 1322.58 FEET TO THE SOUTHWEST CORNER OF THE NE
1/4 OF THE SE 1/4 OF SECTION 23;
THENCE S 01°00'18" W 1311.15 FEET TO THE SOUTHEAST CORNER OF THE SW
1/4 OF THE SE '/ OF SECTION 23;
THENCE N 88°46'46"W 2652.80 FEET TO THE SOUTHEAST CORNER OF THE SW
1/4 OF THE SW '/ OF SECTION 23;
THENCE S 00°08'13"W 1318.99 FEET TO THE SOUTHEAST CORNER OF THE NW
1/4 OF THE NW 1/4 OF SECTION 26;
THENCE N 88°50'07"W 1318.00 FEET TO THE SOUTHWEST CORNER OF THE NW
OF THE NW% OF SECTION 26;
s, .,''`'
Prepared, correcting certain scrivener errors and summarizing areas,
from information of record:the original description signed by Michael Q 1 q 3Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by f
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. J. ,/--
4/ 9T ov \
OP $2
Page 10 of 14
c'''
4EL S
gyp
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
J-UB J-U-B COMPANIES rwo. I Miwt
wY
GROUP INC.
J•U•B ENGINEERS,INC.
THENCE S 00°13'35" E 1320.46 FEET TO THE SOUTHEAST CORNER OF THE SE '/OF THE NE '/ OF SECTION 27;
THENCE N 89°21'49"W 1329.19 FEET TO THE SOUTHWEST CORNER OF THE SE
OF THE NE ' OF SECTION 27;
THENCE S 00°43'20" W 1316.23 FEET TO THE SOUTHEAST CORNER OF THE NW
OF THE SE '/ OF SECTION 27;
THENCE N 89°24'53"W 1322.53 FEET TO THE SOUTHEAST CORNER OF THE NE1/ OF THE SW '/ OF SECTION 27;
THENCE N 89°19'29"W 1317.26 FEET TO THE SOUTHWEST CORNER OF THE NE
OF THE SW 1/OF SECTION 27;
THENCE S 00°28'44"W 1316.52 FEET TO THE SOUTHEAST CORNER OF THE SW
OF THE SW'/ OF SECTION 27;
THENCE N 89°17'09"W 1317.43 FEET TO THE REAL POINT OF BEGINNING OF
THIS DESCRIPTION. THIS PARCEL CONTAINS 5,658.92 ACRES, MINUS THE
EXCEPTION PARCELS (49.36 ACRES) FOR A NET AREA OF 5,609.56 ACRES.
EXCEPT THE FOLLOWING TWO PARCELS:
1ST
EXCEPTION PARCEL)
A PARCEL OF LAND BEING THE SE '/OF THE SE 4 OF SECTION 14, TOWNSHIP
5 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 14, T.5N., R.1W., B.M.,
THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 88°25'48" W 1311.65 FEET TO THE SOUTHWEST CORNER OF THE SE
OF THE SE '/;
THENCE N 00°11'03"W 1312.45 FEET TO THE NORTHWEST CORNER OF THE SE
OF THE SE %;
LAND
j? fir SG.
Prepared, correcting certain scrivener errors and summarizing areas, o
from information of record:the original description signed by Michael 4 o
Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. 0
Page 11of14
4;11111)
F7\
2411
cygECsYa250S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
J-U-B wv1-U-B COMPANIES 13 =nom p
J•U•B ENGINEERS,INC.
THENCE S 88°17'02" E 1305.96 FEET TO THE NORTHEAST CORNER OF THE SEOFTHESE '/;
THENCE S 00°26'15" E 1309.31 FEET TO THE REAL POINT OF BEGINNING OF
THIS DESCRIPTION.
THIS EXCEPTION PARCEL CONTAINS 39.36 ACRES.
2nd
EXCEPTION PARCEL)
LOT 2, BLOCK 1, OF GULCH RANCH ESTATES SUBDIVISION, RECORDED IN
BOOK 61, PAGES 6097-6098, OF ADA COUNTY RECORDS OF IDAHO:
THIS EXCEPTION PARCEL CONTAINS 10.00 ACRES.
PARCEL 2
A PARCEL OF LAND LOCATED IN THE SE 1/4 OF SECTION 21 AND THE NE ' OF
SECTION 28, TOWNSHIP 5 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN,
ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21, T.5N., R.1W., B.M.,
THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 88°39'16"W 1325.31 ALONG THE SOUTH LINE TO THE SOUTHWEST
CORNER OF THE SE 1/
4 OF THE SE % OF SAID SECTION 21;
THENCE S 00°26'35"W 2632.13 FEET TO THE SOUTHEAST CORNER OF THE SW1/
4 OF THE NE % OF SECTION 28;
THENCE N 88°41'42"W 933.28 ALONG THE SOUTH LINE OF SAID SW 1/4 OF THE
NE ' TO A POINT ON THE RIGHT-OF-WAY OF HIGHWAY 16;
ALONG THE RIGHT-OF-WAY OF HIGHWAY 16 THE FOLLOWING:
THENCE N 12°48'04" E 1004.84 FEET TO A POINT;
Prepared, correcting certain scrivener errors and summarizing areas,from information of record:the original description signed by Michael 1 o
Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed byWalterNeitz, PLS 797, on 10/31/07. No survey was performed by me. J, ajl`7o
Page 12 of 14 cy4Ei_
o S . R'N
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
J-U-B COMPANIES LAMGoON
GATEWAY
GROUP Rig.
J•U•B ENGINEERS,INC.
THENCE N 13°45'48" W 22.36 FEET TO A POINT;
THENCE N 12°48'04" E 1748.40 FEET TO A POINT OF SPIRAL CURVATURE;
THENCE 208.46 FEET ALONG A SPIRAL CURVE HAVING A RADIUS OF 3342.70, A
THETA ANGLE OF 1°47'12"AND A CHORD BEARING N 12°12'20" E 208.45 FEET
TO A POINT;
THENCE N 37°30'45" E 108.57' FEET TO A POINT ON A CURVE;
THENCE 946.18 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 2401.85 FEET, A DELTA ANGLE OF 22°34'16", A TANGENT OF 479.31
FEET AND A CHORD BEARING N 02°14'04"W 940.08 FEET TO A POINT ON A
CURVE ON THE NORTH LINE OF THE SOUTH 1/2 OF THE SE 1/4 OF SAID
SECTION 21;
LEAVING THE RIGHT-OF-WAY OF HIGHWAY 16;
THENCE S 88°48'04" E 1619.66 FEET TO THE NORTHEAST CORNER OF THE
SOUTH 1/2 OF THE SE 1/4 OF SAID SECTION 21;
THENCE S 00°49'56"W 1322.34 FEET TO THE REAL POINT OF BEGINNING OF
THIS DESCRIPTION, CONTAINING 87.54 ACRES, MORE OR LESS.
PARCEL 3
A PARCEL OF LAND LOCATED IN THE SW%OF SECTION 15, THE NORTH '/ OF
SECTION 21 AND THE NW 1/4 OF THE NW 1/4 OF SECTION 22, TOWNSHIP 5
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 15, 16, 21 AND 22,
T.5N., R.1 E., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 00°26'10" E 2637.96 FEET TO THE NORTHWEST CORNER OF THE SW
SECTION 15;
ar
7.r?"
Prepared, correcting certain scrivener errors and summarizing areas,
from information of record:the original description signed by Michael a
112)”4 C>Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. s
9
Page 13 of 14 C'yq£L
O
T. S?;
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
JJB
MAPPINOCOMPANIESTHEGATEWAY
J•U•B ENGINEERS,INC.
THENCE S 89°13'00" E 2637.98 FEET TO THE NORTHEAST CORNER OF THE SW
1/4; SECTION 15;
THENCE S 00°04'45"W 2611.85 FEET TO THE SOUTHEAST CORNER OF THE SW
1/4; SECTION 15;
THENCE N 89°47'01"W 1326.69 FEET TO THE NORTHEAST CORNER OF THE NW
OF THE NW V4; SECTION 22;
THENCE S 00°11'26" E 1318.17 FEET TO THE SOUTHEAST CORNER OF THE NW
1/4 OF THE NW' OF SECTION 22;
THENCE N 89°49'56"W 1324.65 FEET TO THE SOUTHWEST CORNER OF THE NW
1/4 OF THE NW 1/4; SECTION 22;
THENCE N 89°52'44"W 2672.12 FEET TO THE SOUTHEAST CORNER OF THE NE
1/4 OF THE NW'/; SECTION 22;
THENCE N 89°52'55" W 1306.10 THE SOUTHWEST CORNER OF THE NE % OF
THE NW 1/4; SECTION 22;
THENCE N 00°17'22" W 1318.61 FEET TO THE NORTHWEST CORNER OF THE NE
OF THE NW 1/4; SECTION 21;
THENCE S 89°53'23" E 3977.62 FEET TO THE REAL POINT OF BEGINNING OF
THIS DESCRIPTION, CONTAINING 320.04 ACRES, MORE OR LESS.
TOTAL AREA OF THESE PARCELS:
PARCEL 1: 5658.92-39.36- 10.00 = 5609.56 ACRES
PARCEL 2: 87.54 ACRES
PARCEL 3: 320.04 ACRES
SUM: 6017.14 ACRES
i
ANO
i,. Fo
Prepared, correcting certain scrivener errors and summarizing areas,
from information of record: the original description signed by Michael
Marks, PLS 4998, on 10/12/09 and Record of Survey 8110 signed by
Walter Neitz, PLS 797, on 10/31/07. No survey was performed by me. J'J./ /
4/ 4
o£
OF 0'
Page 14 of 14 eL S . g`l
a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
Exhibit B
W
2a10c04,
4
ZVis
s
Cr
0
W
Q
E%
kr,„'
O
f
0
wa
t
3w
w
4
c7
WW=
1
i
d
m4
3o
o
cz
z
10
Qw
e
OPo
o
Zw
I-
0CA
R
Qw
cQ
Q
0
t: - ..
0
a
25
W
cZ0.W
SZ
VIZUj
w
QwQZw
D0
s
N
Q
0
ti
x
y
4
Exhibit C
I.i
I
sr
y
e
1
v
LRp
idp'
0
oi
ay
u
aye
I"
In
rfa.
r..-.'', ___.
0 -._-_-.4110 -
1—' ''''''-''''''',.:
f'
41, ---'
1,— ..-
V:,,?-
ii,,
M
Exhibit D
EXHIBIT D
SPRING VALLEY MASTER PLAN
NORTHERN RESIDENTIAL AREA
U S'
4 ,
3IAGB
11M1130.11.4 '
t>< >..40I12000.1Ht....
BIG GULCH AREA SOUTHERN RESIDENTIAL AREA
5Ln
HIGHWAY
MIXED USE
SOUTHWESTERN
RESIDENTIAL AREA
5,;"' F U k./Z4- x5,1:;,;
Exhibit D-1
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
SPRING VALLEY
Spring Valley contains approximately 6,017 acres and is located north of Beacon Light Road, between
State Highway 16 and Willow Creek Road. Spring Valley is located within the North Eagle Foothills
Planning Area, which is comprised of approximately 49,000 acres. Spring Valley (also referred to herein
as the "Property") represents approximately 12% of the North Eagle Foothills Planning Area. Spring
Valley will reflect the planning principles, regional roadway network, regional utility corridors, and
Regional Open Space and trail network of the Eagle Comprehensive Plan for the North Eagle Foothills
Planning Area.
TOPOGRAPHY
Spring Valley has a wide variation of topography. Approximately 31% of the Property contains slopes
25% or steeper. The Spring Valley Master Plan is designed to work with the land, placing the highest
intensity of development in areas of the Property that can best accommodate the intensity, either by using
existing gradients or with sensitive grading techniques.
Spring Valley will use special design standards to accommodate development on hillsides. Design and
placement of homes and other structures will be carefully integrated into the topography and sensitive
hillside grading techniques will be used as appropriate in accordance with the Spring Valley Grading
Guidelines and Hillside Development Standards.
11: \ ''• .'"
t, ,,-%
V' .'ck. -2t .
f,\,'\ .; . tk k
5g,
ga"'
d4'
1
0• WILLOW CREEK ROAD REGIONAL
9i,1 t7n' SS tj t OPEN SPACE CORRIDORt;. d PROPOSED BLM EXCHANGE
4` A
6 ,\ ':
Is
EAGLE REGIONAL PARK
S4 ' • 4 4 ' *
A-': '
is,;)4 ,
y. fit
Y V'
a
r
i r 3,752 ACRES < 25%SLOPE = 73.0%
i
I 1,385 ACRES > 25% SLOPE = 27.0%
I I
I 880 ACRES IN REGIONAL OPEN SPACE
Spring Valley Planning Area with Topography.
Exhibit D-2
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
i• l NORTHERN RESIDENTIAL AREA 4„'S r,,
b' kl 4tt,”: L 41\‘,,
itv„, ,,„.._- N,, ig-,
1' -7'‘‘ '-'1,k ''
3
1k 6.
ff//1111••
81G GULCH AREA 2 SOUTHERN RESIDENTIAL AREA or!, LTA
a
HIGHWAY p!•
MIXED USE
r
I. ' `. 1'i
i
I' .,.
t
11. .
AREA ACREAGE <25%AC. >25%AC.
SOUTHWESTERN RESIDENTIAL AREA 417 414 3
souTHWESTERN SOUTHERN RESIDENTIAL AREA 2,116 1,220 896
RESIDENTIAL AREA NORTHERN RESIDENTIAL AREA 2,760 1,849 911
BIG GULCH AREA 636 610 26
a
HIGHWAY MIXED USE 88 82 6
TOTALS: 6,017 4,175 1,842
I
Topography over the five Planning Areas within Spring Valley.
AREAS OF CRITICAL CONCERN
Eagle City Code designates the North Eagle Foothills as an Area of Critical Concern for topographic,
ecological and scenic significance. Developer committed to submit grading guidelines and hillside
development standards to the City for approval prior to project development. This requirement has been
completed and the City-approved (November, 2009) Grading Guidelines and Hillside Development
Standards are attached to the Development Agreement as Exhibit M. Spring Valley contains
approximately 264 acres that are designated within a floodplain. Developer committed to obtain a
CLOMR and construct drainage improvements to remove areas proposed for residential and commercial
development from the floodplain. FEMA issued a CLOMR on August 21, 2009, as amended on
November 8, 2013, which is attached to the Development Agreement as Exhibit L. Spring Valley also
contains two habitat areas of special concern (as identified by Developer's consultant and IDFG) located
in the Southern Planning Area (predominately southeasterly of the Little Gulch area), and the
Southwestern Residential Planning Area west of the proposed Linder Road alignment. The City-
approved (December 2010) Habitat Mitigation Plan is attached to the Development Agreement as Exhibit
N.
Exhibit D-3
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
w4
t I . ', {! t FLOODWAY
S
I ,, ° r11
0 ,j' t`
y\ ,h'
Y
y .
HABITAT AREAS OF irftp'
iyPP 1:jj, ' @
E,
j
a
SPECIAL CONCERN
BIM
y ?;'
fJ
fxr ,, `
G s )*
tF\3= _ ,':
SLOPE>25%
41\ fir yt f /„ it, Y"i .
1.„,,,, .,‘),\.. ,,, ,,,,-,,,, ,i _
I:l'
m,
11 BLitt 4 's. y.}3C. .,
i
t.
RL41 NP\RK3
oI OFF
s
j' 1
Y
7-
I
I/
REGIONAL OPEN SPACE
The Eagle Comprehensive Plan Amendment for the North Eagle Foothills proposes a Regional Open
Space network for recreation and preservation of wildlife and other biological resources. The cornerstone
of this network is the proposed Eagle Regional Park on 1,915 acres of existing BLM land south of the
Property. Developer may convey 800 acres of its land for Regional Open Space either through:
1) exchange with the BLM for the 815-acre BLM parcel located adjacent to State Highway 16 and then
BLM working with the City of Eagle for inclusion into the Eagle Regional Park; or 2) Developer may
donate the 800 acres to the City for the Eagle Regional Park subject to the City's acquisition of the 1,915
acres of BLM land for the Eagle Regional Park by December 27, 2017. Developer proposes to convey an
additional 80 acres of land as Regional Open Space along Willow Creek Road for the Willow Creek Road
Regional Open Space Corridor. The Regional Open Space Plan for the foothills will build upon the
framework created by the planned Eagle Regional Park and the proposed conveyances. Open Space
dedications from private landowners should be encouraged (through contributions of land for tax credits,
density bonuses, or reassignment of dwelling units and concentration of development in suitable areas)
and appropriate public lands should be acquired through public financing to create a Regional Open
Space plan that is a hallmark for planning in the region. The conveyance of Regional Open Space by
Developer to the City shall be in accordance with the Development Agreement.
Exhibit D-4
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
J
IMAM WILLOW CREEK
REGIONAL OPEN 9PAa
C oIlEIDOA'y.
1,.1
1,1
11111111h‘
I rr[:.
1',I r.
TOTAL M3 EAGLE PROPERTY DESIGNATED
FOR EAGLE REGIONAL PARK 800
ACa,.
WILLOW CREEK REGIONAL
t/PEN SPACE CORRIDOR 80 AC.
IOTAL OPEN SPACE DESIGNATED -880 AC.
40 AC.-1=1.6%OF M3 EAGLE 6,015 AC
I1M LAND IN EAGLE REGIONAL PARK -1,915 AC..70.5%
r II EAGLE DESIGNATED 800 AC.,29.5%
0,TAI REGIONAL PARK 2,715 AC..1000%
CIRCULATION
The Eagle Comprehensive Plan Amendment for the North Eagle Foothills contains a regional circulation
plan that generally defines corridors and roadway types (e.g., arterial or collector streets). This plan is
designed to move traffic efficiently throughout Spring Valley, provide a connection between State
Highway 16 and State Highway 55, extend planned arterial and collector streets, minimize the impact on
existing neighborhoods to the south, and minimize the impacts to the Regional Open Space network.
Roadways developed within Spring Valley will incorporate appropriate design standards and amenities,
such as medians, traffic calming devices, bike paths, sidewalks and landscape, to accommodate
projected traffic flow at community build-out. A primary goal of the foothills development is to create
effective activity centers to capture as many vehicle trips as possible within the foothills area for office,
retail, schools and civic uses to lessen the impact on existing roadways to the south and State Highway
16 and State Highway 55. Spring Valley is planned with a goal of capturing a minimum of 25% of the
daily vehicle trips generated by the community. In addition, the Spring Valley activity centers will capture
vehicle trips from surrounding developments within the North Eagle Foothills Planning Area thereby
reducing downstream traffic impacts into other areas of Eagle.
SPRING VALLEY PARKS, TRAILS, AND PUBLIC FACILITIES
Spring Valley is planned to provide a mix of regional, community and neighborhood parks and trails and
other community open space and recreation areas. The overall goal is to provide a variety of recreational
opportunities and a network of open space and non-motorized pedestrian, cycling and equestrian trails in
appropriate locations throughout the community. In addition, the parks and trails system will be
connected to the Regional Open Space and trails network being developed within the North Eagle
Foothills Planning Area. The parks and trails system shown on the map immediately below are planned
as public parks and trails. Community Open Space within Spring Valley, including parks, golf courses,
trails, and other open spaces, is planned to approximate 25% of the Property. The 800 acres for the
proposed Eagle Regional Park (subject to the City's acquisition of approximately 1,915 acres of BLM land
for the Eagle Regional Park as referenced above) and the 80 acres for the Willow Creek Road Regional
Open Space Corridor represent approximately another 14% of the Property planned as Regional Open
Exhibit D-5
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
Space. Collectively, these acres would be applied toward the planning goal of 40% Open Space in
Spring Valley.
A public equestrian center and trailhead are proposed on Willow Creek Road and Little Gulch. The
equestrian facility is envisioned to be a full-service, 80-160-stall facility with covered riding arenas,
training facilities, paddocks and boarding facilities. This facility would be owned and operated by the
Spring Valley Owners' Association or other entity. The proposed location would accommodate trail
access at the center of the planned Eagle Regional Park.
The Spring Valley Master Plan is planned for 2 fire stations and 1 police station, 4 elementary schools, 1
middle school and 1 high school, the numbers of which are subject to change depending on demand.
REGIONAL PARKS '
I.
11 p _ COMMUNITY PARKS(S)
I
1 / NEIGHBORHOOD PARKS(13)
L
ddd
TILAILHEADS PUBLIC EQUESTRIAN CENTER
i 1 REGIONAL TRAIL SYSTEM
k ''I'-.I COMMUNITY TRAIL SYSTEM
vP
EXISTING REGIONAL PARK TRAILS
C
r
f) NEIGHBORHOOD'MAILS NOT SHOWN arTxls
1 rxHwrcwlu.canracrtonuovExAutK.ussrnern
a BLM j ,
II . :—,—
rJ---S,-
yFA(
1—
LE R_EG—
M
P K \\`a _
J'
z . -"-.-
1,635 f., x--
i J \ f
1\) )
t/ FIRE&POLICE STATION(1)
III:-/-
I I POTENTIAL
t V \i ES ELEMENTARY SCHOOL/K-81 I
V
a
If,
HS 'POTENTIAL HIGH SCHOOL
34
Spring Valley Parks, Trails, and Public Facilities Plan.
SPRING VALLEY PLANNING AREAS
Spring Valley is divided into five distinct but interrelated Planning Areas. These reflect the variation in
topography across the Property, sensitivity to Regional Open Space planning, and the transition of uses
and land use intensities from the south to the north. These Planning Areas provide for a diversity of
housing types, employment, office, retail, lodging, viticulture, recreational, civic and educational uses.
The densities and intensity of uses transition from highest in the Big Gulch Planning Area at the center of
the Property to lowest at the boundaries of Spring Valley.
Exhibit D-6
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
BASE PROJECT DENSITY AND MAXIMUM DENSITY
Spring Valley will have a Base Project Density of 0.5 dwelling units per gross acre or 3,008 dwelling units.
The density may incrementally increase to a Maximum Density of 1.19 dwelling units per gross acre or
7,160 dwelling units based on the application of bonus density provisions as provided further in the
Development Agreement. Spring Valley is also planned for 245 acres of commercial and mixed-use
development, which uses are further set forth in the Development Agreement and Title 11 of Eagle City
Code. Each Planning Area will also have a Base and Maximum Density. Developer shall be allowed to
reassign dwelling units between Planning Areas so long as the Maximum Density for any Planning Area
and the Property are not exceeded. The Master Plan includes Community and Neighborhood Centers
and a goal of 40%Open Space.
a
i-. I
NORTHERN RESIDENTIAL AREA
f,
1111
ri
I
BIG GULCH AREA SOUTHERN RESIDENTIAL AREA
OW
N HIGHWAYMIXEDUSE I I, , ,, _ ___
b
4,v., ,,
SOUiHW ESTERN l
RESIDENTIAL AREA
The Planning Areas contain several guiding principles:
1. An integrated, harmonious community will create a sense of place and high quality of life.
2. Development will be based on land suitability and topography.
3. Land use intensities will generally decrease as development moves away from the Big Gulch
Planning Area at the center of the community. Low densities adjacent to existing
development and planned Regional Open Space will maintain a rural feel that complements
the City.
4. Roadway and pathway systems will provide efficiency of movement and interconnect
neighborhoods and activity areas.
5. A hierarchy of non-motorized public trails will serve equestrians, pedestrians, hikers and
cyclists. Trails and Open Space corridors will tie planned Regional Open Space with
Community Open Space.
6. The Property is planned with an overall goal of providing 40% Open Space. Community
Open Space will be comprised of active recreational areas such as neighborhood,
Exhibit D-7
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
community, and regional parks and golf courses, natural Open Space and improved Open
Space. Regional Open Space will be open to the public and part of a regional network of
open space that could include the 800 acres for the Eagle Regional Park (subject to the City's
acquisition of approximately 1,915 acres of BLM land for the Eagle Regional Park as
referenced above) and 80 acres for the Willow Creek Road Regional Open Space Corridor.
7. Development abutting Regional Open Space will be designed as cluster housing or larger lot
single-family housing or will contain increased setbacks abutting the Regional Open Space.
8. An Open Space corridor along Willow Creek Road will protect the viewshed from the road
and provide a regional corridor for equestrian and pedestrian trail connections to lands north
of Spring Valley. This corridor (the "Willow Creek Road Regional Open Space Corridor") will
be approximately 1.6 miles long and contain 80 acres as it runs through Spring Valley. The
Willow Creek Road Regional Open Space Corridor is designed to work with the existing
topography and will provide generous setbacks (a minimum of 100 feet up to approximately
1,000 feet), landscaping and context sensitive design to minimize viewshed intrusion and
provide useable Open Space.
9. Hillside development will be designed to comply with the City-approved Grading Guidelines
and Hillside Development Standards.
10. The Property is located in the Western Snake River Plain Viticultural District, which District
was created by the U.S. Alcohol and Tobacco Tax and Trade Bureau in March 2007. The
City, through the adoption of Resolution 07-14, has created the Eagle Wine District Overlay,
which overlay extends over the Property and includes all south facing slopes. The City
recognizes that the creation of the overlay complements and supports the unique qualities
and economic vitality of the City, and promotes viticulture industries including crushing,
distilling and associated hospitality uses and tourism within the City and the Property.
Viticulture uses may be developed in any Planning Area on the Property.
11. A mixed-use community will provide for employment and shopping opportunities and help
capture vehicle trips. Spring Valley is planned with the goal of capturing up to 25% of the
vehicle trips generated by the community and reduce external traffic.
12. The Big Gulch Planning Area is best suited to accommodate the development of a mixed-use
village given its central location within Spring Valley, its accessibility from other development
within the foothills, and its relatively flat topography. The Big Gulch Planning Area will
provide a concentrated employment, shopping, civic and activities area within the North
Eagle Foothills Planning Area.
13. Mixed-use development will reduce trip generation, spread peak hour flows on arterial roads
and allow more people the option of living closer to their work. The concentration of higher
density development along the planned arterial roadway connecting State Highway 16 to
State Highway 55 will be compatible with traffic patterns in the area.
14. A wide variety of housing options will create a diverse community with a wide array of
housing options and pricing.
15. Creation of multiple gathering places and recreational opportunities will enhance the social
fabric of the community.
16. Landscape design will incorporate environmentally sensitive and drought tolerant plants and
include reuse water for common area irrigation to enhance the nature of the foothills and
promote water conservation.
Exhibit D-8
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
17. Contribution, dedication and enhancement of Regional and Community Open Space will
improve wildlife habitat and create recreation opportunities.
18. Eradication of non-native and invasive plants will help protect native vegetative communities.
Exhibit D-9
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
EXHIBIT D1
BIG GULCH PLANNING AREA
Big Gulch Planning Area
The Big Gulch Planning Area contains 636 acres and is located along a gently sloping valley known as
Big Gulch, which runs through the center of the M3-owned Property. The Big Gulch Planning Area will be
built in several phases. Topographically, over 95% of this area is less than 25% slope. This Planning
Area is the heart of the community and will contain the highest intensity of uses of all of Spring Valley.
The area is planned for a mix of residential and non-residential uses with a Planning Area Density of 2.97
dwelling units per gross acre, or 1,891 dwelling units, and 100 acres of Non-Residential Use land. The
gross density of 2.97 may be increased to a Maximum Planning Area Density of 5.24 units/acre, or 3,335
dwelling units, but would require the reassignment of additional dwelling units from other Planning Area(s)
to this Planning Area.
AFr
F5
BIG GULCH AREA
rj
Uses
Land uses will include offices and businesses, civic uses, commercial uses, schools, and residential
neighborhoods. Neighborhood Center sites totaling approximately 100 acres are located in the Planning
Area with the highest intensity of mixed-use development located in the center. The central
Neighborhood Center site may be increased by up to 95 acres of commercial, office and business uses to
promote and recruit additional employment opportunities that will allow Eagle residents to live and work
within the City. This Planning Area may also contain hotel or resort uses and a medical office campus
with a clinic or hospital.
Residential neighborhoods are anticipated to contain single and multi-family homes with densities ranging
from 2-20 units/acre. Housing options will include apartments, townhouses, condominiums, patio homes,
and high-density single-family detached and attached homes. Clustered housing designs and placement
of homes and other structures on individual lots will be carefully integrated into the topography, and the
Grading Guidelines and Hillside Development Standards will be used as and if applicable in this flatter
area of Spring Valley.
EXHIBIT D1 -1
S:\Docs1M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
The Big Gulch Planning Area creates a mix of commercial uses that will provide effective trip capture for
employment, retail and civic-related uses. The goal is to capture 25% of all vehicle trips generated within
Spring Valley to activity centers within the community. In addition, the most affordable housing within the
Spring Valley community will be located within this Planning Area to meet the housing demands of
employees who work there. This housing location will encourage walking to and from work, as well as
shorter vehicle trips, further reducing traffic.
Design
The Big Gulch Planning Area will have an urban feel at what is being called the village center with
appropriate landscape, monumentation, signage and place-making features integrated into the design of
the area. The heart of the Big Gulch Planning Area is planned near the intersection of Linder Road and
Spring Valley Parkway and will include several interconnected Neighborhood Center providing for
employment, shopping, recreational, and housing opportunities. Housing, commercial/office uses,
roadways and landscape will tend to be arranged in formal patterns with tree-lined Spring Valley Parkway
and pedestrian scale amenities. Buildings along the main arterial roadway may be close to the roadways
to create pedestrian-friendly areas with sidewalks, street trees and benches. Shared surface parking
areas and parking garages will be encouraged at the sides and rear of buildings or within building
clusters, to reduce large areas of paving. On-street parking will be provided where sufficient right-of-way
exists. The architectural character will create an interesting visual experience as one travels through the
community.
The village center, planned for location at the intersection of the central arterial Spring Valley Parkway
and Linder Road, is planned to contain a central park, a community recreation center and water amenities
around which the highest density of commercial and residential development will be located. This area
will have businesses, restaurants, civic uses and possibly residential integrated with office/retail. Parking
will be dispersed in the interior of the parcels and along the streets to minimize the visual impact of large
conventional parking lots and to create a pedestrian-friendly environment.
EXHIBIT D1 -2
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
1
RESIDENTIAL
0Qf
4
ESORT c10.,:
y,1., ,),
BIG GULCH
PLANNINGAREA 'RIOHvLPARK ."1' `
1MIXEO Negh
USE <'"""
elan"—
I'ANk
C MIXED •
14'' ` USE
PA1<K
t, (_ ‘,
1,
H1,11 \t ItIP
LEM. v ueaK
SCHOOL
Illustration of the planned uses within the Big Gulch Planning Area. This area will serve not only
Spring Valley but also other areas within the greater foothills and help reduce vehicle trips leaving
the area. Big Gulch is one of the few areas within the foothills area that can accommodate higher
intensity development.
EXHIBIT D1 -3
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
tE fir? n -4-ap..[TM
7,,..- , -*it ri:g-A.4.,..4it. .,... A,.., ____ --,..,:4,;; _- :00e!!. iir of*.
ajidiki„,--
a
x
a s s,
u
y
s
jittego
Ir
477`7 '
5
Illustration of the central Big Gulch Neighborhood Center containing the village center, lakes and
central park area. This will be designed to create pedestrian activity areas with interesting
spaces. The intensity of commercial and residential uses increase as development moves toward
the Neighborhood Center. The Neighborhood Center is envisioned to be a mix of retail, office,
hotel, residential and civic uses. Linder Road is shown running left to right and Spring Valley
Parkway is shown running top to bottom.
Special consideration will be given to the design and placement of land uses next to Willow Creek Road,
within the Willow Creek Road Regional Open Space Corridor, to promote the sense of open space.
Significant setbacks from the roadway, landscape screening and context sensitive design, will all reduce
visual intrusion. A park is planned at the intersection of Willow Creek Road and Spring Valley Parkway to
enhance that Open Space Corridor. Building setbacks within this Corridor will be a minimum of 100 feet
from the edge of the right-of-way.
Parks,Trails, Schools and Public Services
The Big Gulch Planning Area is planned to have multiple Community Parks as well as Regional,
Community and Neighborhood Trails. A Community Park will be located at the intersection of Spring
Valley Parkway and Willow Creek Road as part of the Willow Creek Road Regional Open Space Corridor
as well as at various locations along the Big Gulch Regional Park.
The Big Gulch floodplain is the primary drainage area within the Spring Valley community. Big Gulch will
be reshaped and redesigned based upon an approved LOMR that will be the precursor to creating a flood
management system as well as an approximate 55-acre linear park through the center of Spring Valley.
The Big Gulch Regional Park will extend through the Southwestern Planning Area and Big Gulch
Planning Area and connect to State Highway 16 and Willow Creek Road. The Big Gulch floodplain will
become the Big Gulch Regional Park, containing both improved and native areas, lakes and ponds with
wetlands, play and picnic areas, and a Regional Trail.
Access and Circulation
The Big Gulch Planning Area will be served by a pedestrian-friendly Spring Valley Parkway that runs
through the middle of the community. Spring Valley Parkway is an arterial roadway that will ultimately
EXHIBIT D1 -4
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
connect State Highway 16 and State Highway 55 as additional developments to the east of Spring Valley
occur. The intersection of Spring Valley Parkway and Willow Creek Road may provide a minor access to
Spring Valley. Roundabouts are being proposed as traffic control devices at intersections requiring traffic
control.
EXHIBIT D1 -5
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
0:-;;;-., i ,4,
ail,,,: tr.
s..._,:
i:*" - rij f'
14D9e7Ft
I I ti ,k, 1, '''Ibit(
t )4
tititi
ji: k \
1/4 _. .
ii,
7 .
Ni". 017.
1.
rAs
i 'I'I.' 't,.._k '''''.,11-
i A. \ ". --411v.,. '
4,-„,,,
IN V..-'/-Tbi;\,'-..4 ''' '
1. ,_ , .,...- 4441, :- ' ,,,,. t41.,..'
N '
44ti.‘k.1
if4
4x Y
F
A - ‘''' \NORTHERN RESIDENTIAL AREA
SLOPE ANALYSIS
t 2.760 AC.
1.849 AC.< 25%SLOPE = 67%
911 AC. > 25% SLOPE = 33%
Illustration of the Northern Residential Planning Area topography. The red on the map illustrates
those areas that exceed 25% slope which account for approximately 33% of the site. The Open
Space within the Planning Area is planned to reach approximately 36%. Design of the Planning
Area will incorporate hillside development standards, sensitivity to viewshed, and placement of a
minimum of 50% of the homes next to some form of Open Space.
Uses/Design
The Northern Residential Planning Area will primarily consist of single-family neighborhoods with
densities ranging from 1-10 units/acre, and multi-family neighborhoods with densities of 4-20 dwelling
units/acre. The multi-family neighborhoods will be located adjacent to the main collector roads serving the
Planning Area. Approximately 97% of the homes will be single-family detached or attached and
approximately 3% of the homes will be multi-family. Two Neighborhood Centers totaling 80 acres may be
located at the intersection of collector roadways and are planned for grocery stores, neighborhood
services, restaurants, automotive services, dry goods, and neighborhood offices for professional, medical
and dental services, community amenities, and a range of residential types. Commercial buildings will be
placed in appropriate locations to provide buffering for residential uses.
Land use intensity will generally decrease from south to north as development moves away from the Big
Gulch Planning Area toward the northern, eastern and western boundaries of the Planning Area. Custom
lots or neighborhoods with an average density of 1 unit per acre, which may be achieved through
clustering, will be located at the northern perimeter of the Planning Area. This zone will provide a
transition between the low-density neighborhoods within the Planning Area and the adjacent lands
EXHIBIT D2-2
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
outside of Spring Valley that are currently rural and generally undeveloped. This transition generally
occurs within 300 to 1,000 feet of the boundary of Spring Valley.
Clustered housing designs and placement of homes and other structures on individual lots will be
carefully integrated into the topography, and the City-approved Grading Guidelines and Hillside
Development Standards will be used as appropriate. Homes will be located on moderate slopes with
many steeper, non-graded slopes left as Open Space. Design guidelines will be enforced through the
Owners' Association and recorded Covenants, Conditions and Restrictions, as well as through Title 11 of
Eagle City Code.
MITU fFr sItt T1t 4noUnl 11)4
ELEM1L
r -e Ilk °
RESIDENTIAL
i RESIDENTIAL r `
I
I-10A/Rec.G
GolfClub
s
4 cos
P
J
4(
101
rvRK W
RESIDENTIAL , Zp\
Eliivi.:,.; ;,,,,iz
EnwEe oErvsnvr smorvet zorve
RESIDENTIAL
u,
Clubhouse/
YNE NinaY
Potential `°
Hipp School
It student
qa`is
Inc iNDI NORTHERN RESIDENTIAL AREAteJ.
Preliminary Lot and Community Concept for the Northern Residential Planning Area. At least 50%
of the homes will be adjacent to Open Space.
Utilizing clustered housing and grade adaptive design techniques, this Planning Area is planned for an
overall density of 1.65 dwelling units per gross acre with approximately 36 Open Space. The design of
the Northern Residential Planning Area creates a wide array of housing types, which adds to the
affordability range of Spring Valley and the socio-economic diversity of the community.
Special consideration will be given to the design and placement of homes next to Willow Creek Road,
within the Willow Creek Road Regional Open Space Corridor. Such design and placement will promote
the sense of open space and, with the use of significant setbacks from the roadway, landscape screening
and context-sensitive design, will reduce visual intrusion. Building setbacks within this corridor will be a
minimum of 100 feet from the edge of the right-of-way.
EXHIBIT D2-3
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
EXHIBIT D2
NORTHERN RESIDENTIAL PLANNING AREA
Northern Residential Planning Area
The Northern Residential Planning Area contains 2,760 acres and is located between the Big Gulch
Planning Area and the northern boundary of the Property. This area is planned for a Planning Area
Density of 1.65 dwelling units per gross acre, or 4,547 dwelling units, and may include two Neighborhood
Centers totaling 80 acres. The Maximum Planning Area Density is 2.14 units per gross acres, or 5,917
units, which would require the reassignment of additional dwelling units from other Planning Area(s) to
this Planning Area. Topographically, approximately 67% of this Planning Area is less than 25% slope.
The Northern Residential Planning Area is planned to incorporate approximately 36% of its total acres as
Open Space.
20 ACRE WILLOW CREEK ROAD
NORTHERN RESIDENTIAL AREA REGIONAL OPEN SPACE CORRIDOR
I°o,0
1 1
The Northern Residential Planning Area contains the most homes within Spring Valley. The
overall density averages 1.65 dwelling units per acre;the commercial development is targeted for
neighborhood uses.
EXHIBIT D2-1
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
Parks, Trails and Schools
The Northern Residential Planning Area is designed to have two Community Parks and nine
Neighborhood Parks. Two golf courses may also be located within the Planning Area. If the golf courses
are located in this Planning Area, the golf courses will be placed in appropriate locations to create Open
Space corridors that work well with native Open Space. The golf courses will be irrigated using treated
effluent (re-use water) when available.
20 of the 80 acre Willow Creek Road open space corridor are included in the Northern Planning Area.
This Planning Area will also be served by non-motorized multi-use trails (separated or combined) that will
link neighborhoods within this Planning Area, with the rest of the community, and with planned Regional
Open Space. These trails will also provide looping opportunities with other Community and Regional
Trails. Trails through neighborhoods not adjacent to public right-of-ways or connecting to public parks
may be private.
Three elementary schools are planned for this area. These schools will be placed in locations that
provide pedestrian access from adjacent neighborhoods with trails and sidewalk systems designed to
accommodate walking to school by children.
Access and Circulation
This Planning Area will be served by a series of neighborhood collector streets that radiate from Spring
Valley Parkway running through the Big Gulch Planning Area. A minor access may be located on Willow
Creek Road. Roads will generally curve to follow topography and provide interest. Intersections requiring
traffic control will utilize roundabouts as traffic control devices.
EXHIBIT D2-4
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
EXHIBIT D3
SOUTHERN RESIDENTIAL PLANNING AREA
The Southern Residential Planning Area
The Southern Residential Planning Area contains 2,114 acres and is located between the Big Gulch
Planning Area and the southern border of the Property, which abuts the proposed Eagle Regional Park.
The maximum number of dwelling units for this Planning area is 2,109, based on Bonus Density
provisions, however, it is projected that over 1,900 dwelling units will be reassigned to other Planning
Areas if the 800 acres to be designated as Regional Open Space are dedicated to the City as a regional
park, as provided below. The western edge of the Southern Residential Planning Area is bisected by
Linder Road. Based on its close proximity to transportation and the center of Spring Valley, this area is
well suited for a mixed use designation that could include residential, education or employment uses.
Topographically, 61% of this Planning Area is less than 25% slope. Areas of steeper topography will
contain low-density residential neighborhoods that nestle into the hillsides. Homes will generally be
located along flat-to-moderate slopes while steeper, non-graded slopes will remain as Open Space.
Subject to appropriate annexation, entitlement and/or exchange approvals with the local and federal
governments, the 800 acres (shown below) in this Planning Area will either: (1) be exchanged for 815
acres of BLM-owned lands located near State Highway 16 or, if the BLM exchange does not occur;
2) may be donated by Developer to the City of Eagle (subject to the City's acquisition of approximately
1,915 acres of BLM land for the Eagle Regional Park by December 27, 2017). The 800 acres would then
become part of the Eagle Regional Park. In addition, 60 of the 80 acres located along Willow Creek
Road will be set aside as Open Space for the Willow Creek Road Regional Open Space Corridor with the
management of the 80 acres being the responsibility of the Spring Valley Owners' Association or other
entity.
PF,,
O
60 ACRE WILLOW CREEK ROAD
REGIONAL OPEN SPACE CORRIDOR
SOUTHERN ILAREA
f-i800AC.M3 EAGLE REGIONAL
r OPEN SPACE
BLM EXCHANGE AREA
a
The Southern Residential Planning Area. The lighter green area represents the development area
and the darker green represents the Regional Open Space within the Planning Area.
Slope and Habitat
EXHIBIT D3-1
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
The Southern Residential Planning Area has the highest concentration of steep slopes of any of the five
Planning Areas. Topographically, approximately 39% of the Planning Area exceeds 25% slope. In
addition, this Planning Area contains some of the highest concentration of suitable habitat (based upon
environmental surveys by Developer's consultant and as identified by IDFG) on the Property. Much of
this habitat is located in the 800 acres which may be designated for Regional Open Space use, subject to
the terms and conditions of the Development Agreement.
SOUTHERN RESIDENTIAL AREA
SLOPE ANALYSIS n.
2.114 AC.
1.218AC<25%SLOPE=58 c.
iw
Ifies,11 }
896 AC.>25° SLOPE=42% f
A5
L{
I
i'i 1"SI. '{ Ws. _
A.
Southern Residential Planning Area illustrated with topography. The red indicates slopes which
exceed 25% which comprise approximately 39% of the Planning Area. This Planning Area
contains the highest percentage of slopes exceeding 25%of the entire Spring Valley.
Uses/Design
The Southern Residential Planning Area will consist primarily of Open Space and residential clusters with
custom home neighborhoods with densities averaging 0.2 units/acre. Low-density, single-family
detached homes and single-family attached homes with densities up to 3 units/acre may also exist where
topography allows. Mixed use and commercial designations will also be permitted along either side of
Linder Road.
Custom homes and ancillary improvements will be restricted to development within designated building
envelopes. These envelopes will increase the amount of Open Space within the community, protect
valuable habitat which has been identified in this Planning Area, and control viewsheds for adjacent
properties inside and outside the community. Privacy walls will be minimized in favor of open or no
fencing to preserve vistas and allow wildlife movement. Design and placement of homes and other
structures shall be carefully integrated into the topography, and sensitive hillside grading techniques shall
be used as appropriate. The community design guidelines will dictate special standards to minimize
disturbance to the environment. Design guidelines will be enforced through the Owners' Association and
recorded Covenants, Conditions and Restrictions (CC&Rs), as well as the City of Eagle, to ensure
compliance with the development standards.
EXHIBIT D3-2
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
SPRING VALLES
SOUTHERN 320As
RESIDENTIAL AREA
EAGLE REGIONAL PARK
SPNINC VALLEY
4110 At
VVER
Preliminary lot and community concept for the Southern Residential Planning Area. This
illustration assumes the City completes the acquisition of the BLM Lands and the 800 acres of
Spring Valley lands are a part of the Eagle Regional Park(which has the potential to occur)along
with 60 of the 80 acres within the Willow Creek Road Regional Open Space Corridor.
80
IO'
At9LLOIY
CREEK R
3REGIONALOPENSPACE
1 : ,..._
Al"...._
f
MLE Y IGNATED—
ID n-
FOR
TOTAL
EAGLE
3
REGIONAL
EAGPROPERT
PARK
DES -
Roo-A
i
WILLOW CREEK REGIONAL
OPEN SPACE CORRIDOR BO AC.
TOTAL OPEN SPACE DESIGNATED -880 AC. .,
MO AC.-14.6%OF M3 EAGLE 6,015 AC.
a BLM LAND IN EAGLE REGIONAL PARK -1,915 AC.,705%
aM3 EAGLE DESIGNATED 800 AC.,225M
TOTAL REGIONAL PARK 2 715 AC..100.0°x„
This map illustrates the location of the 880 acres of Spring Valley lands designated as potential
Regional Open Space. The 80 acres along Willow Creek will be Regional Open Space and the 800
acres may be donated as Regional Open Space subject to City's timely acquisition of the
proposed Eagle Regional Park. The City's planned Eagle Regional Park will have over 7 miles of
boundary common with Spring Valley.
EXHIBIT D3-3
S:\Docs\M3 Eagle L.L.0\Development Issues 20131EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
Willow Creek Road Regional Open Space Corridor
Developer is establishing the Willow Creek Road Regional Open Space Corridor to provide: (1) a varying
corridor width based upon topography; (2) large setbacks to reduce viewshed intrusion; and (3) regional
trail connectivity for equestrian and pedestrian users.
Special consideration will be given to the design and placement of homes adjacent to the corridor to
promote a sense of open space. Significant setbacks from the roadway, landscape screening and
context sensitive design will be used to reduce visual intrusion. Building setbacks within this corridor will
be a minimum of 100 feet from the edge of the Willow Creek Road right-of-way.
fr'v
7;,C? vate
st,1J -'-
1
f' x
a.\ '.-"
1
4 ``
4 J,; '57 0 A€RE . CREEK RP/ D
T
1 _ \ REGION. L OPE SPACE GORR, R
i tit
f4çj \ .:lJ ' jl I
r
t
i v t f
p b1
it-
t,,rl fr —l
1.\----------:(
Tin ----(--"\-) \',,.__--\`' ‘)/, -,,, I'
sj:\\.-1 \\-----C\ c ..).-.-_-----="-- ,, _ , __ „ - , ,
J
7,- --....,,,,0,-
s .
00.,...,0,,,
1 I w
bid
c'1) 0:''''--
1,
7 \\''\V (--)1,--,, \,„ --
k ,
r)
5 54 r_ ,...', \\_) :
Y ' ,', iI, )\
r> S I .. 5
f
1 , , % a ., n a_ ,
This illustration shows the Willow Creek Road Regional Open Space Corridor in the Southern
Residential Planning Area and Big Gulch Planning Area. Note the setbacks range from
approximately 260' to 1430' from the centerline of Willow Creek Road providing an excellent
corridor for viewshed protection and trails.
EXHIBIT D3-4
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
Parks,Trails and Schools
Amenities will include a Community Park, a Neighborhood Park, Community and Regional Open Space
subject to conditions set forth above), regional equestrian and pedestrian trails, and a public equestrian
center on the west side of Willow Creek Road. The combination of Community and Regional Open
Space may total approximately 1,000 acres, or approximately 50%, of the Southern Residential PlanningArea.
This Planning Area will be served by non-motorized multi-use trails (separate or combined) that will link
neighborhoods within this Planning Area and with the rest of the community. In turn, this will provide
looping opportunities with other Community Trails and Regional Trails within the Eagle Regional Park. A
public trailhead will be located on the east side of Willow Creek Road. Trails through neighborhoods not
adjacent to public right-of-way or connecting to public parks may be private. Trails through low-density
neighborhoods may be on one side of the street.
Equestrian Center
It is envisioned that an equestrian center would be built as part of the Southern Residential Planning Area
that would provide for resident and non-resident boarding facilities. The facility would be a full-service
training facility with professional management and training services. The public equestrian center will be
on approximately 30 to 40 acres and is envisioned to contain a covered riding arena, turn-outs, and
boarding facilities for 80-160 horses. This center would be owned and operated by the Spring Valley
Owners' Association or other entity.
i'17'''
y:
2 .J J 0
1 , t .
viaticii‘, :.
E..-
0 -2. `.
I a j_..1__, ......,,,,,_
j
r 4
vi „..,:f.„-,4-/
tot
31110NiiiiN 4,
fn'''-'
4*P 01ril "".-
n_
Ts au. n
ii,
1 (3 ::I-1 0-
r
o .
EXHIBIT D3-5
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
Example of another an equestrian center which Developer has developed at its American Ranch
project in Arizona. This is an 40-stall facility with a climate controlled arena, covered round pen
and covered outdoor riding arena, with turnouts and paddocks.
Access and Circulation
This Planning Area will be served by a series of neighborhood collector streets that radiate from the
Spring Valley Parkway running through the Big Gulch Planning Area. A minor access may be located on
Willow Creek Road. Upon development of this Planning Area, the connection between Willow Creek
Road and State Highway 55 will need to be completed. Roads will generally curve to follow topography
and be designed to provide interest. Intersections requiring control will utilize roundabouts as traffic
control devices.
EXHIBIT D3-6
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
EXHIBIT D4
SOUTHWESTERN RESIDENTIAL PLANNING AREA
Southwestern Residential Planning Area
The Southwestern Residential Planning Area is planned as the first phase of Spring Valley and contains
306 dwelling units and 17 acres of Non-Residential Use land. The Planning Area consists of 419 acres
and is located in a flat corridor within Big Gulch between State Highway 16 and the Big Gulch Planning
Area. The Gross Density of 0.73 dwelling units per acre may be increased to a Maximum Planning Area
Density of 1.07 dwelling units per gross acre or 450 dwelling units, but would require the reassignment of
additional dwelling units from other Planning Area(s) to this Planning Area, so long as the Maximum
Density for the Project is not exceeded. The area is also planned for 17 acres of Neighborhood Center.
Topographically, 99% percent of this Planning Area is less than 25%slope.
o9Q
II
I--
ri
1--
SOUTHWESTERN
RESIDENTIAL AREA
The Southwestern Residential Planning Area is located adjacent to State Highway 16 and will have
access from the planned improvements to State Highway 16.
Uses/Design
This Planning Area is planned to contain single-family homes with densities of 1-10 units/acre, but may
also contain estate type and equestrian lots on 1-2 acres and larger. Densities will increase from west to
east as they get closer to the Big Gulch Planning Area. This Planning Area is also planned to have a 17-
acre Neighborhood Center which may be part of the village center. Residential units and commercial
buildings shall maintain a minimum 50-foot setback adjacent to the planned Eagle Regional Park to
provide a buffer area to the Eagle Regional Park.
Estate and equestrian lots (if provided) would be located in the western portion of the Planning Area and
would incorporate common fencing, and irrigated pastures and restrictive building envelopes (for
equestrian lots).
EXHIBIT D4-1
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
This Planning Area contains a significant stand of sagebrush as identified by Developer's consultant and
IDFG. Most or all of this sagebrush will be removed, but will be mitigated in accordance with the City-
approved Habitat Mitigation Plan.
The Southwestern Residential Planning Area is relatively flat with limited constraints.
SOUTHWESTERN RESIDENTIAL AREA
C
Residential
Residential Co'
ec`
ec
Residential P P"
4-
Residential a_o Q'
ajo
k. Big W.+.
0
c`\
Cds/
04.
Residential wwTP e
Illustration of the Southwestern Residential Planning Area. The Open Space is planned for a
minimum of 25%.
Parks and Trails
This Planning Area will be served by the Big Gulch Regional Park, a Community Park and Neighborhood
Park. The Community Park will consist of approximately 16 acres and may include the following
amenities: recreation building, swimming pool, sports courts, children's play area, pick areas, lake, and a
trailhead and parking area for pedestrians and cyclists to access the Big Gulch Regional Park and BLM
Lands (i.e., the planned Eagle Regional Park). The final scope of amenities and planning for this Planning
Area will be determined based upon market considerations. In addition, other ponds and small lakes
holding treated effluent water will be located throughout this Planning Area. These water bodies will
serve as irrigation reservoirs, community amenities, wildlife and wetlands habitat. This Planning Area is
planned to contain approximately 100 acres of Open Space or approximately 25% of the Planning Area.
EXHIBIT D4-2
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
This Planning Area will also include non-motorized multi-use trails that will link the neighborhoods within
this Planning Area and with the rest of the community, and that will provide looping opportunities, as
appropriate, with Community Trails and Regional Trails within the Big Gulch Regional Park and Eagle
Regional Park.
rim `
r .. Open Turf Area
7f/ tAree
P ig `
i?J++"
Pond~4 Club/Rec
A,: Building Area ! Trailhead
Overlook Parking(25)
11.Z,.
J /Play`s
i' Structural
l, O en Turf /J`
AY i j P iy jr p J r$" Regional Trailhead
fp / 00,
ad
Tennis
m1
j:
fa :
o -
Big444 Gulch Regional Park
4'
j" 4N '
The conceptual plan for the community park in the Southwest Planning Area. The park is planned
to include a community recreation building, swimming pool, sports courts and play areas, a lake
and a regional trailhead with parking for 25 cars.
Access and Circulation
Access to this Planning Area from State Highway 16 (subject to ITD approval) is planned at the
intersection of Pollard and State Highway 16 with connections to Linder Road to the east. The new
collector roadway extending east into Spring Valley will be renamed and improved as a collector road with
landscaped median and extend to the Big Gulch Planning Area. When State Highway 16 is improved, as
expected, to a limited access expressway, a signalized or traffic controlled intersection at State Highway
16 may be required.
EXHIBIT D4-3
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
EXHIBIT D5
HIGHWAY MIXED-USE/BUSINESS PARK PLANNING AREA
Highway Mixed-Use/Business Park
The Highway Mixed-Use/Business Park contains 88 acres along State Highway 16 and is planned to be
developed as a Community Center site with retail and mixed-use office, a fire station, and an existing
cellular tower site. 290 residential units may also be developed into this Planning Area as well as a hotel.
The gross density of 3.30 may be increased to a Maximum Planning Area Density of 5.68 units/acre or
500 dwelling units, but would require the reassignment of dwelling units from other Planning Area(s) to
this Planning Area so long as the Maximum Density for the Property is not exceeded. This Planning Area
may be expanded in the future to include the adjacent 815-acre BLM parcel. This would create a
commercial and employment center at the primary entry to the community and provide easy access and
visibility from the highway corridor. Topographically, over 93% of the Planning Area is less than 25%
slope. Uses planned for this Planning Area will require the support of a larger population base in the
foothills, higher traffic on State Highway 16 and the development of a substantial residential base in
Spring Valley.
rj`
Po
HIGHWAY
MIXED USE
i7
Highway Mixed-Use/Business Park is located along State Highway 16 on the western boundary of
Spring Valley.
Uses/Design
This Planning Area will combine highway-oriented commercial, retail, office and business park uses to
capitalize on its adjacency and visibility from the regional transportation corridor, the planned interchange
on State Highway 16, and the State Highway 16 to State Highway 55 arterial roadway. The site may also
include 290 high density single- and multi-family homes as well as hotel uses, a fire station and the
retention of an existing cellular tower. Eventually, this area will be the gateway to Spring Valley with
appropriate landscape, entry and place-making features integrated into the design of the area with
appropriate buffering along State Highway 16.
EXHIBIT D5-1
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
This Planning Area may be expanded in the future to include the adjacent 815-acre BLM parcel provided
the land exchange between Developer and BLM occurs. This Planning Area is envisioned to contain
mixed-use development (up to 50% of the land area), civic and educational uses, parks, and residential
uses (at 2 units per gross acre).
HIGHWAY MIXED USE 88 AC.
290 UNITS
3.30 DU/AC.
COMMUNITY
COMMERCIAL=
CELL
TOWER.
T.
r 10 galas lji _ ill INNS
J+° j.
1 FIRE STATION`
9
Go Y MIXED USE
T'CE
4 ,
V
Highway Mixed-Use/Business Park.
EXHIBIT D5-2
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
Access and Circulation
Access to this Planning Area is planned to be a future grade-separated interchange on State Highway 16
which will be two miles north of a future interchange on State Highway 16 and Beacon Light Road. This
access will also serve as a primary entry into the community as well as connect to Spring Valley Parkway,
the primary arterial that is proposed to serve as a connection between State Highway 16 and State
Highway 55.
EXHIBIT D5-3
S:\Docs\M3 Eagle L.L.0\Development Issues 2013\EXH\Exhibit D to Amended&Restated Dev Agr 11-27-13.DOCX
Exhibit E
1
Q O„.
i',,/ •.
gt
i.'.
L".;'..: ,
7''
F'..,.'”,'. • --':-.
74:'''" 7''''' ...:V14 -i'C—'"'-?'kit -:'1-'1' '
L-•.! ' -" ' :-,.:, ,:z•l_.r]..._ ' '•,...:-."''''',';
t'':::. -J t a:-,,,!: ',.-..-
4' ,: . .t.'-?.;,.,,,-„,.7.,;.''.?-I:.'. '..i'' . ...2,.—---**
1
g:'-:::""''''±,r'"1-,'...'"' '.• •""i%::- '411.1...,',.- ,
i,
Kpiii 4' - '' '''''..`"":'_11,ff.1 ti.43%,..•:... _1 ::,:-,
CL.
0,
7
H
4 U.J
Ikr-----
1
1 11 1
1404V I
1
7
Yce
0 ",..
Pc,
j#,.'m''*it
1
u,Z <
1 0cOu 2
imm I
1••• <
1 A .--.. .4.
De
1. _ 4),, -_,., ,...;_ .._„,........ ..,.......L.L.1
A 0,1001,141k* -'1 ''
i 1.-11„;, 04•10---- --_. i
ot,....
4...„-- . ,gr!E ., ....
Ct
7-' . Ili\
Ail
Ilk
7s.i.- '-' ' '. % 1...4 E 1111111=:-.-•,,,,,.
1.
44,,,,Z, .' -'',i
igiriii,!!
kIllq
L..
J in
7,7,":."'„'",:::,:,:,,,",,,,-:`'i;*' -','-,'",--'';`•
12
1, cfl,--so
k"
r-
27-:;...----;:;.-T2-:=--;----;`,,,,,----'-f'7'7!;::::','::--."--.'„'.7,,,f----=-•-:
Exhibit F
E
r
rl`
Imo
t.,;_„,,,,2,.:::„.
4( ''..
454'. .' -'V--'::_,,,4 , 1,c,i-,-... .,..,,,..,
f„,0,..,,,:i,.,.. .7.-„.. _..:1,-,x-_,-..-
y
fi
1` c 1j" L k _,"
7 \;•''''
x
t 3
3
d _ k . tt{
i
S*-=:,,,,,-
1-!;-.:2 '.:
S' `
i!_,
rl
yf # a,7 7rt '
As . , Sgr
p
xsE +
r r
r j,
r s
i '-,',.L,..-.;,-,,_.: v-h t
w',
te
a PS N
k .
Qs'
NQVO
to-
wLLvr..«.
h q
v Q g W
Exhibit G
TS 0
CeCo
e <:
ce LVCoJ
Oaa
P
Ct U s ^
L.- a) o 0
Lp N
HIGHWAY 55 O
Q U 0
11:dIIIIIIIIIIIpe
O
1111Lorl
Q 2
4• O^
U y
rZ
Cr) l
tt; ,,,. ,.......'.,--
4,-.
T r i. .
rf
alb"`"2;,- 4'
wag j
AA,, ' L-d's. ;
o T- `
d.
as
t
a
E
CL M,V
3.." "RG
GAFF
1 :2
C
H
J
fC LINDER ROAD y
U 1
E,
k M
Q f
N
POTENTIAL HARTLEY ROAD e, „_
IIF'REQUIRED r
j.
killiii-1;:'''', --, illi.I.
Mt '—iff"' ' ?-:
111°1
r
1111111111111111L110
HIGHWAY 16
AC,
C
C
C
1_
Ada County
Canyon County
Exhibit H
cC as O -0 "gas
L L bA CD
4,-,., a_
T — , /
V O ro t
C C
cL Q Y Q
or'
in cn 0 RS as
Cl.
t '.= 0 s
U
O O
C O V
k'
N
a,L
LL. L U 0- a o c ' ,,1 _ -
tj YYr ` _ ' . YCU
Q `\
0 r
Z s.-.-`
p it eC. a_• -_• ,, ,..„..- C)C)CDCD 0. ..0
0„.-.,00-,-,:..--„,-3.,_,,,0„.0, ,,,,:_„: _...„0 „, .
1:-..-:..,..,:._ . ,
y ,,, ,,.
0 _
Tr__ . _
k' . - - '
r L
r1544
0
K
d p
J '
Q
Z
r O
4 d.,.,
m w`
W
x ,<
0 L 0 0,,,,,„„
0,-,01
it.,.
l \•
al
4
e '
Q e
m Q
4
s
9O 1!
Exhibit I
CCLEI
ti
r-
O s ii C v >
q 0 r`
VA
r
uJ L
vy 0 d cn ¢ <
3z -
U (
3
J J
z 2
HOG-
c Z z z
Z p Z
x Nt
Q 2
c6 is Z C? v
5 OI = O z o cpOcciLL,
xZtV -w V
eo ,..Na. i 1 U r
j
i___ , ,„N.
4'4 I/4P'
4..,4;--.---'4 , . ..,,,,"
1„.e--- :,..
t...,,:,x-,2 •,
ilz,„ ,; 7,.,,,:,,,...i
L Y
Pte' \
ACb
f
a
N
IX(
II
Z,,
c.
J
fs ,
0 '
1.27— A
4,',7„7..',.;5:7' GIs
5,.
0
d
cs
U 1
h
M
r
r
ri'
s '''''''''. ,
2
i' I
f _ 91.4N,y f/:
lF/3jy1S
Exhibit J
IQ:, • 7: = ' - — -„,,- ' . -':-- ' -"--.„'
4'..;
a- 1
i
q r LL Z
5--4•-."4"
e-slY
uj
111 44 _7 1
3
U.J
1a <<
0 0
LUI=
a_
U- _I_‘,/, V)7---0,14.---I_ : .:-.._____-
t.. 1
1
d.
741-11! 4-il•^"
1
i.`•./1..4 *11'Yii r 1 S':''.. /
1 1:0) .-s" , .--- ,
60.?„1/4s. -
1-' ;41..j.,N• 1 *11J
2,:.... ....tr. ' 5.-`.f_ rir "Ja7 *-N •-*-,,-....c. -'. .-
n*.---5. .
4-*.Z.'-'"----.• !.'--<:.„' ,*.
f '
A.-leplr- ****''''
4*-r".
T.P''a •N i A VV.'1.
4? .--\ 4---
A
x.%,
4---7-$
r
f/ALV,.„.„---- 't44
t
J---::-•-!--,--`'.'
p-"--ri
A.„,:
r;
7t-.•., -, \
I,,\\c,,\
V,..,...-,,-
3-',.
L-,
d5".•.,,,.',''A,
i..
e\.:
sf'
P.
e..
N--,
k>
31.'
2•
v-
4`.:<..<
1.•
3.',...„,„.7
1:.----'•,..„.„/
lci•e,.•--,--;------q...-.-<N;,
F.,------.----<-,`\,-!,-
r,,,,?-
T,--
s-
P....)\'4"A”v4•-4
f„. , —
c,-„,r„`
s:-.t.
7
7.( _
1.-- ..- .....„,.,.. .,_._ d„.. .s---
31_, -..1',.v..-T-'3'\4\---vr" --9 -_,,,-----7"
S J.,,,,
s , --'4,-+,, _ ,-''' =4!----"--..,-- ,F f
S` Ze • ''`'FA—'2' 4 1 -
0,! 1.../,..e 4,-j
r5f
r ,..,,„
4,,
1,
t/
s'-.. (-;-
T
3;)
f-:r
se
s\\
l _ 3 , . z/ N
1. c. ..„,,,
d•- ..„,..,, ,..
tf.,,,§1. ,- - --.„1
a,4.d....16..-, \'.
I 2<
4.
1 41'11,-1'j/L13.;1_ts N -
i N
7 1
Exhibit K
L1
I '
OF,...... '-•
ei,t..
1.,,, . ,- _,... „. z 'F...
I r
U
U 11 0
1
aej , •_ -"
Z:C CZ
r
I _
e.
tr;
t,-,
LLJ
I-0
CO CZ
ricii.
1_
CO i
1
1
7
NI - - -- 1
17
Li u
i
Lga,
NOUJItaft
1
4Z) Cv) 71
s6
I .
i
mr,.., „...,, _,,,,ajuitt10 • "..-r--' 0 mak _:: '',, •-41 i,....,111111NVVIIII:
a -,- ,---
4,
i
CV)
A
mrlf,-
j•4 P + '''' tr",,,,'- *°*rwitm --0
I,A\1\1 N Itliiin '--- - %.1
ssi, ..
t.t.;140.-1- 7-'4''- •;:l.;244:itc-;–.Lim I ..-, 111,4 13
n e -* ,' ‘- =
1114 %,, >; '*':' ‘,"
1.
0,::-as.Tr:-,.., - p
Walt 14... 4, If::::o
ft--6,71•Thiii74 ple)
falidipt. II a1/41. TX:jiiiiii., .4 emu mew*
Exhibit L
Federal Emergency Management AgencySDle-
4, a Washington, D.C. 20472
ND 5*.
August 21, 2009
CERTIFIED MAIL IN REPLY REFER TO:
RETURN RECEIPT REQUESTED Case No.: 09-10-0476R
The Honorable Fred Tillman Community: Ada County,ID
Chairman,Ada County Community No.: 160001
Board of Commissioners
200 West Front Street 104
Boise,ID 83702
Dear Mr.Tillman:
This responds to a request that the Department of Homeland Security's Federal Emergency Management
Agency(FEMA)comment on the effects that a proposed project would have on the effective Flood
Insurance Rate Map(FIRM)and Flood Insurance Study(FIS)report for Ada County,Idaho and
Incorporated Areas,in accordance with Part 65 of the National Flood Insurance Program(NFIP)
regulations. In a letter dated March 4,2009,Mr.W. Scott Wonders,P.E.,Stanley Consultants,Inc.,
requested that FEMA evaluate the effects that new topographic information,floodway analysis,revised
hydrologic and hydraulic analyses, and proposed developments along Big Gulch Creek from just
upstream of Emmett Highway(State Highway 16)to just downstream of Willow Creek Road would have
on the flood hazard information shown on the effective FIRM and FIS report.
The proposed construction along Big Gulch Creek will include channelizing and relocating the majority
of the creek. The maximum shift in channel location,approximately 1,200 feet east,will occur from
approximately 2,800 feet downstream to approximately 1,130 feet downstream of Willow Creek Road.
The channel will be approximately 5.36 miles long and 20 feet wide,with 5:1 side slopes. The channel
will rejoin with Big Gulch Creek after exiting a newly constructed detention pond through triple
42-inch-diameter circular reinforced-concrete pipe culverts.
All data required to complete our review of this request for a Conditional Letter of Map Revision
CLOMR)were submitted with letters from Mr.Wonders.
The effective Special Flood Hazard Area(SFHA),the area that would be inundated by the base flood,for
the proposed area of revision along Big Gulch Creek is designated Zone A,with no Base Flood
Elevations(BFEs)determined.
We reviewed the submitted data and the data used to prepare the effective FIRM for your community
and determined that the proposed project meets the minimum floodplain management criteria of the
NFIP. The submitted existing conditions HEC-RAS hydraulic computer model,dated June 1,2009,
based on updated topographic information,was used as the base conditions model in our review of the
proposed conditions model for this CLOMR request. We believe that,if the proposed project is
constructed as shown on the plans entitled"Big Gulch Channel Design Plans—By M3 Eagle,L.L.C.,"
dated December 24,2008,and the data listed below are received,the boundaries of the base
1-percent-annual-chance)floodplain and regulatory floodway will be delineated as shown on the
topographic work map entitled"M3 Eagle—Big Gulch,HEC-RAS Proposed Conditions Study Map,"
prepared by Stanley Consultants,Inc.,dated June 9,2009.
2
As a result of the proposed project,the base flood Water Surface Elevations(WSELs)along Big Gulch
Creek will increase and decrease compared to the existing conditions WSELs.The maximum increase in
WSEL,approximately 7.6 feet,will occur approximately 1,600 feet downstream of Willow Creek Road.
The maximum decrease in WSEL, approximately 7.0 feet,will occur approximately 2.4 miles upstream of
Emmett Highway.
As a result of the revised hydrologic and hydraulic analyses,updated topographic data,and proposed
project,the width of the Special Flood Hazard Area(SFHA),the area subject to inundation by the base
flood,along Big Gulch Creek will decrease compared to the effective SFHA width. The maximum
decrease in SFHA width,approximately 775 feet,will occur approximately 2,520 feet upstream of
Emmett Highway.
Upon completion of the project,your community may submit the data listed below and request that we
make a fmal determination on revising the effective FIRM and FIS report.
Detailed application and certification forms,which were used in processing this request,must be
used for requesting fmal revisions to the maps. Therefore,when the map revision request for the
area covered by this letter is submitted,Form 1,entitled"Overview&Concurrence Form,"must
be included. (A copy of this form is enclosed.)
The detailed application and certification forms listed below may be required if as-built
conditions differ from the preliminary plans. If required,please submit new forms(copies of
which are enclosed)or annotated copies of the previously submitted forms showing the revised
information.
Form 2,entitled"Riverine Hydrology&Hydraulics Form"
Form 3,entitled"Riverine Structures Form"
Hydraulic analyses,for as-built conditions,of the base flood and the regulatory floodway,
together with a topographic work map showing the revised floodplain and floodway boundaries,
must be submitted with Form 2.
Effective October 1,2007,FEMA revised the fee schedule for reviewing and processing requests
for conditional and final modifications to published flood information and maps.In accordance
with this schedule,the current fee for this map revision request is$4,800 and must be received
before we can begin processing the request.Please note,however,that the fee schedule is subject
to change,and requesters are required to submit the fee in effect at the time of the submittal.
Payment of this fee shall be made in the form of a check or money order,made payable in U.S.
funds to the National Flood Insurance Program,or by credit card(Visa or MasterCard only).The
payment,along with the revision application,must be forwarded to the following address:
LOMC Clearinghouse
6730 Santa Barbara Court
Elkridge,MD 21075
As-built plans,certified by a registered professional engineer,of all proposed project elements
Community acknowledgment of the map revision request
3
A copy of the public notice distributed by your community stating its intent to establish a
regulatory floodway,or a statement by your community that it has notified all affected property
owners and affected adjacent jurisdictions.
A letter stating that your community will adopt and enforce the regulatory floodway,OR,if the
State has jurisdiction over either the regulatory floodway or its adoption by your community,a
copy of your community's letter to the appropriate State agency notifying it of the establishment
of the regulatory floodway and a copy of the letter from that agency stating its approval
An officially adopted maintenance and operation plan for proposed Detention Basins DBXA,
DBXD1,and DBXEl. This plan,which may be in the form of a written statement from the
community Chief Executive Officer,an ordinance,or other legislation,must describe the nature
of the maintenance activities,the frequency with which they will be performed,and the title of
the local community official who will be responsible for ensuring that the maintenance activities
are accomplished.
Evidence of notification of all property owners who will be affected by any increases in width
and/or shifting of the base floodplain. This documentation may take the form of certified mailing
receipts or certification that all property owners have been notified,with an accompanying
mailing list and a copy of the letter sent.
An annotated FIRM,at the scale of the effective FIRM,that shows the revised base floodplain
and floodway boundary delineations,as shown on the submitted work map,and how they tie into
the base floodplain delineation shown on the effective FIRM at the downstream and upstream
ends of the revised reach.
After receiving appropriate documentation to show that the project has been completed,FEMA will
initiate a revision to the FIRM and FIS report. Because BFEs would be established as a result of the
project,a 90-day appeal period would be initiated,during which community officials and interested
persons may appeal the revised BFEs based on scientific or technical data.
The basis of this CLOMR is,in whole or in part,a channel modification/culvert project.NFIP
regulations,as cited in Paragraph 60.3(b)(7),require that communities assure that the flood-carrying
capacity within the altered or relocated portion of any watercourse is maintained. This provision is
incorporated into your community's existing floodplain management regulations. Consequently,the
ultimate responsibility for maintenance of the modified channel and culverts rests with your community.
This CLOMR is based on minimum floodplain management criteria established under the NFIP. Your
community is responsible for approving all floodplain development and for ensuring all necessary permits
required by Federal or State law have been received. State,county,and community officials,based on
knowledge of local conditions and in the interest of safety,may set higher standards for construction in
the SFHA. If the state,county,or community has adopted more restrictive or comprehensive floodplain
management criteria,these criteria take precedence over the minimum NFIP criteria.
4
If you have any questions regarding floodplain management regulations for your community or the NFIP
in general,please contact the Consultation Coordination Officer(CCO)for your community. Information
on the CCO for your community may be obtained by calling the Director,Mitigation Division of FEMA
in Bothell,Washington,at(425)487-4682. If you have any questions regarding this CLOMR,please call
our Map Assistance Center,toll free,at 1-877-FEMA MAP(1-877-336-2627).
Sincerely,
Siamak Esfandiary,Ph.D.,P.E.,CFM, For: Kevin C.Long,Acting Chief
Program Specialist Engineering Management Branch
Engineering Management Branch Mitigation Directorate
Mitigation Directorate
Enclosures
cc: Mr.John Traylor
Director
Ada County Development Services
Mr.W.Scott Wonders,P.E.
Stanley Consultants,Inc.
Change of Address for Letter of Map
Change (LOMC) Submissions
Starting July 9,2009,all new Letter of Map
Change (LOMC) requests or additional data
submittals for requests in progress should be sent
to the address listed below.
LOMC Clearinghouse
6730 Santa Barbara Court
Elkridge, MD 21075
To expedite processing, please address your
request to the attention of the following processing
specialists:
ATTENTION:LOMA MANAGER
Use for MT 1 Requests, including Letters of Map
Revision-Based on Fill (LOMR-Fs), Letters of Map
Amendment(LOMAs),Conditional Letters of-Map
Revision-Based on Fill(CLOMR-Fs), and Conditional
Letters of Map Amendment(CLOMAs).
ATTENTION:LOMR MANAGER
Use forMT2 Requests, including Letters of Map
Revision (LOMRs)and Conditional Letters of'Map
Revision (CLOMRs).
Starting July 9,2009,for MT-3- Requests and
August 3,2009,for MT2 Requests,responsibility
for review and processing of these requests
has been assigned by FEMA Region to the
following Production and Technical Services (PTS)
contracting teams:
Regions I, V,VII, X: STARR
Regions II, Ill, VI:"''RAMPP
Regions IV, VIII, IX: BakerAECOM
If you have any questions about your type of
request, please contact our Map Assistance Center
at 1-877 FEMA MAp'(1-877-336-2627j or visit our
website at WWW.fema.gov/11 a za rd/m ap/lomc.sht m.
tvAitrafe
2 Federal Emergency Management Agency
7'4>Washington, D.C. 20472
1I ss- November 8,2013 E © I II V E1.
NOV 182013
CERTIFIED MAIL IN REPLY REFER TO:
BRETURNRECEIPTREQUESTEDCaseNo.: 13-10-1031R
Community Name: City of Eagle,IDTheHonorableJamesD.Reynolds Community No.: 160003
Mayor,City of Eagle
660 East Civic Lane
Eagle,ID 83616
Dear Mayor Reynolds:
We are providing our comments with the enclosed Conditional Letter of Map Revision(CLOMR)on a proposed
project within your community that,if constructed as proposed,could revise the effective Flood Insurance Study report
and Flood Insurance Rate Maps for your community.
If you have any questions regarding the floodplain management regulations for your community,the National Flood
Insurance Program(NFIP)in general,or technical questions regarding this CLOMR,please contact the Director,
Mitigation Division of the Federal Emergency Management Agency(FEMA)Regional Office in Bothell,Washington,
at(425)487-4682,or the FEMA Map Information eXchange(FMIX)toll free at 1-877-336-2627(1-877-FEMA
MAP). Additional information about the NFIP is available on our website at http://www.fema.gov/nfip.
Sincerely,
Luis Rodriguez,P.E.,Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
List of Enclosures:
Conditional Letter of Map Revision Comment Document
cc: Mr.William E.Vaughan,AICP
City of Eagle
Mr.Dave Case
Ada County Board of Commissioners
Ms.Keri Smith-Sigman,CFM
Idaho Department of Water Resources
Mr.W. Scott Wonders,P.E.
J-U-B Engineers,Inc.
Page 1 of 5 Issue Date: November 8,2013 Case No.: 13-10-1031R I CLOMR-APP
9seART.40
X
ot.
Federal Emergency Management Agency
Washington, D.C.20472
Into Ss-
CONDITIONAL LETTER OF MAP REVISION
COMMENT DOCUMENT
COMMUNITY INFORMATION PROPOSED PROJECT DESCRIPTION BASIS OF CONDITIONAL REQUEST
City of Eagle CHAN EL RELOCATION NEW TOPOGRAPHIC DATA
Ada County CULVERT HYDRAUUC ANALYSIS
Idaho HYDROLOGIC ANALYSIS
COMMUNITY
COMMUNITY NO.: 160003
IDEIfI MAR Spring Valey APPROXIMATE LATITUDE&LONGITUDE: 43.739.-118.38
SOURCE: Other DATUM: NAD 83
AFFECTED MAP PANELS
TYPE: FIRM' NO.: 18001C0050H DATE: February 19,2003
FIRM-Flood insurance Rate MapTYPE: FIRM' NO.: 18001C0130H DATE February 19.2003
TYPE FIRM' NO.: 18001C0135H DATE: February 19.2003
FLOODING SOURCE AND REACH DESCRIPTION
Big Gulch Creek—From Willow Creek Road to just downstream of Emmett Highway
PROPOSED PROJECT DESCRIPTION
Flooctng Source Proposed Project Location of Proposed Project
Big Gulch Creek Detention Bash Modification South of Wflow Creek Road
New Farmers Union Canal Culvert At the Farmers Union Canal Crossing
Ch anndizaton From just upstream of Willow Creek Road to just
downateram of Emmet Highway
SUMMARY OF IMPACTS TO FLOOD HAZARD DATA
Flooding Source Effective Flooding Proposed Flooding Increases Decreases
Big Gulch Creek Zone A Zone AE Yes Yes
No BFES• BFEs Yes None
BFEE-Base(1-percent-annual-chance)Flood Elevations
COMMENT
This document provides the Federal Emergency Management Agency's(FEMA's)comment regarding a request for a CLOMR for the project described above.This document is not a final determination;it only provides our comment on the proposed project in relation to the flood hazard information shown on the effectiveNationalFloodInsuranceProgram(NFIP)map. We reviewed the submitted data and the data used to prepare the effective flood hazard information for your
community and determined that the proposed project meets the minimum floodplain management criteria of the NFIP. Your community is responsible for
approving all floodpiain development and for ensuring that all permits required by Federal or State/Commonwealth law have been received. State/Commonwealth,
county,and community officials,based on their knowledge of local conditions and in the interest of safety,may set higher standards for construction in the SpecialFloodHazardArea(SFHA),the area subject to inundation by the base flood). If the State/Commonwealth,county,or community has adopted more restrictive orcomprehensivefloodplainmanagementcriteria,these criteria take precedence over the minimum NAP criteria.
This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map information eXchange(FMIX)tollfreeat1.877-338-2827(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Picket Street,Alexandria,VA 22304.4805. Additional informationabouttheNFIPisavailableontheFEMAwebsiteathttp:llwww.fema.gov/nip.
Luis Rodriguez,P.E.,Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
13-10-1031R 104
Page 2 of 5 Issue Date: November 8,2013 Case No.: 13-10.10318 CLOMR-APP
ieART,
Federal Emergency Managemente.g Y g Agency
F Washington,D.C. 20472
41/VD stiff
CONDITIONAL. LETTER OF MAP REVISION
COMMENT DOCUMENT(CONTINUED)
COMMUNITY INFORMATION
To determine the changes in flood hazards that will be caused by the proposed project,we compared the hydraulic modeling reflecting the proposed
project(referred to as the proposed conditions model)to the hydraulic modeling reflecting the existing conditions.
The table below shows the changes in the base flood water-surface elevations(WSELs).
Base Flood WSEL Comparison Table
Flooding Source:Big Gulch Creek Base Flood WSEL Location of maximum change
Change(feet)
Proposed vs. Maximum increase 1.7 Approximately 4.000 feet downstream of the Emmett highway CrossingExistingbfaximmdecrease2.5 Approximately 3,300 feet downstream of the Emmett Highway Crossing
NFIP regulations Subparagraph 60.3(b)(7)requires communities to ensure that the flood-canying capacity within the altered or relocated portion of anywatercourseismaintained. This provision is incorporated into your community's existing floodplain management ordinances;therefore,responsibility formaintenanceofthealteredorrelocatedwatercourse,including any related appurtenances such as bridges,culverts,and other drainage structures,rests
with your community. We may request that your community submit a description and schedule of maintenance activities necessary to ensure thisrequirement
Although the proposed area of revision is shown on the effective FIRM as located within Ada County,this area has been annexed by the City of Eagle.
This comment to based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)tollfreeat1-877-338-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Pickett Street,Alexandria,VA 22304-4805. Addltionat InformationabouttheNFIPisavailableontheFEMAwebsiteathttpJlwww.feme.gov/nfip.
Luis Rodriguez.P.E.,Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration 13-10-10318 104
Pape 3 of 5 'Issue Date: November 8,2013 ICase No.: 13-10-1031R I CLOMR-APP
Gs 0
Federal Emergency Management Agency
1.-.0 Washington,D.C. 20472
44ND SS ,
CONDITIONAL LETTER OF MAP REVISION
COMMENT DOCUMENT(CONTINUED)
COMMUNITY INFORMATION(CONTINUED)
DATA REQUIRED FOR FOLLOW-UP LOMR
Upon completion of the project,your community must submit the data listed below and request that we make a final determination on
revising the effective FIRM and FIS Report. If the project is built as proposed and the data below are received,a revision to the FIRM and
FIS report would be warranted.
Form 1,entitled"Overview&Concurrence Form".Detailed application and certification forms must be used for requesting final
revisions to the maps. Therefore,when the map revision request for the area covered by this letter is submitted,Form I must be included.
If as-built conditions differ from the proposed plans,please submit new forms,which may be accessed at
http://www.fema.gov/plan/prevent/fhm/dl_mt-2.shtm,or annotated copies of the previously submitted forms showing the revisedinformation.
Form 2,entitled"Riverine Hydrology&Hydraulics Fonn"
Form 3,entitled"Riverine Structures Form"
Hydraulic analyses,for as-built conditions,of the base flood together with a topographic work map showing the revised floodplain
boundaries.Please ensure that the revised information ties in with the current effective information at the downstream and upstream ends of
the revised reach.
Annotated copies of the FIRMS,at the scale of the effective FIRMs,that show the revised floodplain boundary delineations shown on the
submitted work map and how they tie into the floodplain boundary delineations shown on the current effective FIRMs at the downstream
and upstream ends of the revised reach
As-built plans,certified by a registered professional engineer,of all proposed project elements
Documentation of the individual legal notices sent to property owners who will be affected by any widening/shifting of the base
floodplain and/or any BFE establishment along Big Gulch Creek
Evidence that your community has,prior to approval of the proposed encroachment,adopted floodplain management ordinances that
incorporate the increased BFEs to reflect the post-project conditions,as stated in Paragraph 65.12(b)
This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)tollfreeat1-877-336-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Picket Street,Alexandria,VA 22304-4605. Additional InformationabouttheNFIPisavailableontheFEMAwebsiteathttp-Jlwww.fema.govMfip.
Luis Rodriguez,P.E.,Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration 13404031R 104
Page 4 of 5 !Issue Date: November 8,2013 Case No.: 13-10-1031R I CLOMR-APP
svArahr
cv
u Wash'
Federal Emergency Management Agency
t9an s
4 ington, D.C.20472
CONDITIONAL LETTER OF MAP REVISION
COMMENT DOCUMENT (CONTINUED)
COMMUNITY INFORMATION(CONTINUED)
FEMA's fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and
maps may be accessed at http://www.fema.gov/plan/prevent/fhm/fm fees.shtm. The fee at the time of the map revision submittal must be
received before we can begin processing the request. Payment of this fee can be made through a check or money order,made payable in
U.S.funds to the National Flood Insurance Program,or by credit card(Visa or MasterCard only). Please forward the payment,along withthe-revision-application,to-the-following address.
LOMC Clearinghouse
847 South Pickett Street
Alexandria,VA 22304-4605
After receiving appropriate documentation to show that the project has been completed,FEMA will initiate a revision to the FIRM and FIS
report. Because the flood hazard information(i.e.,base flood elevations,base flood depths,SFHAs,zone designations,and/or regulatoryfloodways)will change as a result of the project,a 90-day appeal period will be initiated for the revision,during which community officialsandinterestedpersonsmayappealtherevisedfloodhazardinformationbasedonscientificortechnicaldata.
This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Information eXchange(FMIX)totfreeat1-877-338-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Pickett Street.Alexandria,VA 22304-4605. Additional InformationabouttheNFIPisavailableontheFEMAwebstteathttp//ww v.ferna.govhdip.
Luis Rodriguez,P.E.,Chief
Engineering Management Branch
Federal Imams and Mitigation Administration 13-10-1031R 104
Page 5 of 5 tissue Date: November 8,2013 Case No.: 13-10-10318 I CLOMR-APP
0oARTAI.
Federal Emergency Management Agency
ND
scJ
1 Washington,D.C. 20472
CONDITIONAL LETTER OF MAP REVISION
COMMENT DOCUMENT(CONTINUED)
COMMUNITY INFORMATION(CONTINUED)
We have designated a Consultation Coordination Officer(CCO)to assist your community. The CCO will be the primary liaison between
your community and FEMA. For information regarding your CCO,please contact:
Mr.Mark Carey
Director,Mitigation Division
Federal Emergency Management Agency,Region X
Federal Regional Center
130 228th Street,Southwest
Bothell,WA 98021-8627
425)487-4682
This comment is based on the flood data presently available. If you have any questions about this document,please contact the FEMA Map Infom ation eXchange(FMIX)tollfreeat1-877-338-2627(1-877-FEMA MAP)or by letter addressed to the LOMC Clearinghouse,847 South Pickett Street,Alexandria,VA 22304-4605. Additional InformationabouttheNFIPisavailableontheFEMAwebshteathttp://www.ferna.gov/nfip.
Luis Rodriguez,P.E..Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
13-10-1031R 104
Exhibit M
RECEIVED FIL
CITY OF EAGLE
JUL 2 8 2009
PitFile:,
M3 EAGLE
GRADING GUIDELINES AND
HILLSIDE DEVELOPMENT STANDARDS
IMO@ IA ? 0 0 9
1 1
LI
COM•arite
FINAL 5
APPROVED BY CITY COUNCIL
11/24/09
Table of Contents
INTRODUCTION
1
M3 EAGLE PRE-ANNEXATION AND DEVELOPMENT AGREEMENT 1
EXISTING CONDITIONS
2
1. Topography
2
2. Soils
2
3. Vegetation
2
4. Viewshed
3
GRADING AND DEVELOPMENT CRITERIA
3
1. Conceptual Grading Plan
3
2. Grading Typologies
3
a. Restricted Grading
5
b. Limited Grading
6
c. Moderate Grading
7
d. Standard Grading
8
3. General Grading Principles and Guidelines
8
4. Specific Grading and Siting Guidelines
11
a. Streets and Roadways
11
b. Development Pads/Lots
13
c. Structures
17
d. Retaining Walls
18
e. Driveways
19
f. Drainage
19
g. Compaction
19
5. Landscape/Erosion Control
20
iiPage
GRADING PLAN REQUIREMENTS, REVIEW, and APPROVAL 21
1. Engineering Reports
21
a. Soils Report
21
b. Geology Report
22
c. Hydrology Report
22
2. Grading Plans
23
a. Mass Grading Plan
23
b. Mass Grading Permit
23
c. Final Grading Plan
27
d. Final Grading Permit
27
3. Grading Plan Review Process
28
List of Exhibits
Exhibit A-Conceptual Grading Plan
4
Exhibit B-Grading Typologies
5
Exhibit C-Slope Rounding
9
Exhibit D-Slope Variation
10
Exhibit E- Road Grading
11
Exhibit F- Road Integration
12
Exhibit G -Lot Line at Top of Slope
13
Exhibit H -Lot Line Along Slope
14
Exhibit I-Minimum Slope Setback Example
15
Exhibit J - Building Envelope Example
15
Exhibit K- Flat Pad Design
16
Exhibit L-Grade Adaptive Pad Design
16
Exhibit M- Building Envelope Design
17
iii Page
Exhibit N-Grade Adaptive Architecture
17
Exhibit 0- Retaining Wall
19
Appendices
Appendix A- Existing Landforms
308
Appendix B-Existing Slopes
3129
Appendix C- Existing Vegetation
32.30
Appendix D-Visual Sensitivity Analysis
333231
iii Page
INTRODUCTION
The North Eagle Foothills have been designated by the City as an Area of CriticalConcernfortopographic, ecological and scenic significance. Although M3 Eaglecontainssomeofthemostdevelopablelandinthefoothills, the property istopographicallyvariedandcontainshillsideswithsomeslopesexceeding25% grade,which are considered constrained lands for development purposes. Due to the uniquesize, intensity, and nature of the M3 Eagle project and unique conditions of the M3
Eagle property, the M3 Eagle Pre-Annexation and Development Agreement requires the
submission and approval of "grading guidelines and hillside development standards"
prior to development on such lands in order to establish the appropriate gradingtechniquesandmitigationactionsthatwillhelpminimizedevelopmentimpactson
existing topography. Once these standards are adopted they will serve as the guide for
preparing and reviewing engineering reports, development proposals, and grading plansfortheproperty.
This document replaces existing Eagle City Code 9-5-3, Hillside Subdivisions, and
establishes a set of principles and specific techniques that will guide grading,improvement design, and site development on hillsides and other areas within M3Eagle. It also describes the reports and plans that will be required of the developer for
review and approval by the City prior to grading. These criteria include and exceed the
standards from existing Eagle Code and provide more site specific restrictions and
additional grading criteria. Ultimately, they will reduce the impact of development on the
land and provide for a harmonious blending of development with landform while
establishing clear and measurable standards for the developer and the City to workfrom.
M3 EAGLE PRE-ANNEXATION AND DEVELOPMENT AGREEMENT
The City of Eagle approved the M3 Pre-Annexation and Development Agreement onDecember11, 2007. Section 1.6 of the agreement provides for a maximum base
project density (Pre-Mitigation Density) of 5,127 dwelling units prior to conversion of
constrained lands to unconstrained lands. Slopes over 25% are considered constrained
non-buildable) lands, but may be converted to unconstrained (buildable) lands byimplementinggradingtechniquesdescribedinthisdocument. Existing slopes on thepropertygreaterthan25% total approximately1,842 acres of which approximately 660acresareproposedtobeconvertedtobuildablelands.
Wage
EXISTING CONDITIONS
1. Topography
The topography of the site is varied, as shown on Appendix A. The Property risesinelevationfrom2,590 feet above sea level at the southwest corner of the site to3,150 feet at the northeast corner. The Big Gulch area through the center of the
property is a relatively flat valley while the remainder of the site is primarily rollinghillswithparallelridgesanddrawsgenerallyorientednorthwest/southeast.
Approximately 70% (4,163 acres) of the site contains slopes under 25% while
approximately 30% (1,842 acres) of the site contains slopes over 25%, with a high
concentration of those steep slopes on property east of Willow Creek Road wheretheyareplannedtobepreservedaspartoftheEagleRegionalPark. The property
contains no significant rock features or uniquely defined landforms.
A breakdown of the approximate acreage of slopes under and over 25% by planningareaisshownonAppendixB.
2. Soils
M3 Eagle is underlain by Idaho Group sediments. Soil deposits generally consist of
sands, silts and clays or mixtures of the same and are of moderate constructability.Ridgetops and steep slopes contain in-place soils which are silty or clayey sand andoccasionallypoorlygradedcleansandandclay. In general, soils on the propertyareeasilyerodedandmustbeprotectedafterexposure. Site specific geotechnical
explorations and analyses will be conducted prior to development to formulate
detailed recommendations for grading and design of structures and infrastructure.
3. Vegetation
M3 Eagle vegetation, as shown on Appendix C, is dominated by non-native
grasslands which comprise 90% (5,413 acres) of the property. Low lying shrubs
comprise 7% (420 acres) and disturbed lands (agriculture and development)
comprise 3% (170 acres). Over 92% (5,532 acres) of the vegetation is in poor to
marginal condition while the remainder is in satisfactory to good condition. There
are limited trees associated with existing residences on the western portions of the
property. The Development Agreement identifies two Habitat Areas of Special
Concern related to existing vegetation on the property. A habitat mitigation plan will
be approved by the City prior to submission of any grading plans within those areas.
This plan will identify a mitigation strategy to minimize loss of plant and animal
habitat as described in section 2.7, paragraph (d) of the Development Agreement.
Wage
4. Viewshed
Portions of the property next to Highway 16 and Willow Creek Road are visible fromthoseroadwayswhiletheinteriorispredominantlyhiddenfromview. In addition, the
property is separated both physically and visually from existing residences to thesouthandtheCityofEaglebyBLMlands (the future Eagle Regional Park), which
consist of a ridge form running east and west along the southern border of the
property. These lands provide a natural visual buffer and substantial development
setback from existing rural neighborhood areas. A visual sensitivity analysis of theNorthEagleFoothills, a portion of which is shown on Appendix D, was conducted
by the City in 2006 and shows that the majority of the property exhibits moderate
visual sensitivity. The portion of the property exhibiting the highest visual sensitivityislocatedeastofWillowCreekRoadonlandthatisplannedtobepreservedas
natural open space as part of the future Eagle Regional Park. Visually sensitiveridgeshavealsobeenidentifiedalongthewestsideofWillowCreekRoad, as
shown on Appendix A, and development in those areas will be limited in order to
maintain their aesthetic value in accordance with paragraph 2.6 (c) of theDevelopmentAgreement.
GRADING AND DEVELOPMENT CRITERIA
1. Conceptual Grading Plan
The property contains approximately 1,842 acres of slopes greater than 25%
constrained lands), which represent approximately 30% of the site. About one thirdoftheseslopes, or 660 acres, are planned to be graded, or mitigated, to create
slopes under 25% and make them suitable for development. The general location
and acreage of these slopes, as well as a tabulation by planning area of constrained
slopes planned to be mitigated, is shown on Exhibit A. Refined grading totals will
be provided with each planning unit master plan submittal so a cumulative analysis
of mitigated acreage can be conducted in accordance with section 1.6 of theDevelopmentAgreement.
2. Grading Typologies
Grading will vary in scope and intensity depending on location, existing topographyanddevelopmentpatterns. Each planning area will undergo restricted, limited,
moderate or standard grading as shown on Exhibit B and as described below.
3IPage
Exhibit A-Conceptual Grading Plan
ce
r8,.. . .,
c.
g
UJ" ,
D
Q
LO
0 w
a
O
0 LI°
z
z
0U
Q W
1.- w
Qz Q.
r•-•--
Q Z
C
00 V)0
O W W
on
O Z
Z r 0n.
V)
0
N o
Vo
Z
N) m
V
a _",
LU
a
a "'I <
4.
111,.„
CY W W
a
c
aH0 ? P N
q p
q
d
N W P
O
o
N
00
n
F- Fz
v v<^
O msy.Q
L.,
r,
1 ri
z
a . x o
1 a, `
J
i'U U U
Q Q Q
Q 1 O U
4',
a i.,, N z E S ti.
k rl
y
ci '
w<` e5
j,
aw
1.,
c .
r te il; , z
xx°°
V ,
y
w5
x
f Y `Y
cpo.,
i
4f „ti
g
f
Pl''';',:
j' !,•=0...,'IA:: '... .' °,,,,,:;`,„72%1" '' 'IS; i
µ
is
A
0 W w4
eqw I z<
o
1c4'uopa
t
4 0'0
yciA zn
v,,, yy A
yE`z
wan E<
O i «
u
Watt
Exhibit B-Grading T ploies
09
kr }:\
Q
y r
7 j?
ii
o
Z
0\
Wage
Restricted grading operations are planned for regional open space in the eastern
portion of the property. Grading will be mainly limited to roadways, trails and
public facilities related to any park improvements or trailheads to preserve
existing habitat and open space values. Restricted grading operations will
comply with the following criteria:
1) Grading necessary for roadways, trails, public facilities, drainageimprovements, open space, recreational amenities and their supportive
uses is permitted. Grading will be minimized and sensitive to the existingtopographyandlandscape. Areas disturbed by grading will be restored to
a natural appearing state as much as possible.
2) Grading associated with habitat restoration and enhancement is permitted.
3) Retaining walls may be used to limit grading.
b. Limited Grading
Limited grading operations are planned for low density residential
neighborhoods, many of which will be comprised of custom lots on which limits ofdevelopmentwillbedefinedbybuildingenvelopes. Homes will generally belocatedalongflattomoderateslopeswhilesteeper, non-graded slopes will
remain as open space. The majority of the Southern Planning Area will undergo
limited grading due to its topography and location next to the Eagle RegionalParkandWillowCreekRoad, approximately 50 acres of slopes over 25% in this
planning area will be mitigated, of which half are made up of individual buildingenvelopeareas. About 846 acres of slopes 25% and greater (including theregionalopenspaceareasintherestrictedgradingcategory) are planned to
remain undisturbed. Limited grading operations will comply with the followingcriteria:
1) All grading criteria associated with restricted grading operations will apply.
2) Grading associated with residential, commercial, educational, community,and recreational uses is allowed.
3) Grading associated with residential lots one acre and larger will generallybelimitedtobuildingenvelopes (where appropriate), driveways, pasture
areas and improvements associated with geotechnical engineering,drainage improvements, fuel modifications, and other similar reasons.
4) Grading associated with public utilities, lakes, storage ponds, and
detention basins is allowed.
Wage
5) Drainage channels may be relocated and improved in some areas to
reduce the existing floodplain in accordance with City floodplain
development permit policy (see Eagle City Code title 10).
6) Grading on sites next to the Eagle Regional Park and other regional open
space will blend the characteristics of those landforms into the sites as
much as possible.
7) Grading associated with agricultural uses is allowed which may includehillsideterracedgradingforvineyards.
8) Retaining walls may be used to minimize grading.
c. Moderate Grading
Moderate grading operations will generally occur on gentle to steep slopes thatwillundergoamoderateamountoflandformalterationtoaccommodatedevelopment. The Northern Planning Area is planned to undergo moderate
grading and will contain the most homes in the project along with schools, parks,
golf courses, and small commercial centers. Homes will be clustered and
located on flat areas, moderate slopes, and ridge tops with many steeper, non-graded slopes left as open space. About 67% of the planning area, or 1,849
acres, contains slopes under 25%. Of the 911 acres of slope over 25%,
approximately 585 acres, or about 64%, will be graded to create clusteredbuildingsites. A portion of the Southern Planning Area and SouthwesternPlanningAreaareplannedformoderategradingaswell. This will occur on two
sites along Linder Road and Hartley Road and the primary access roadway toHighway16withintheSouthwesternPlanningArea. These sites are planned for
employment or residential uses. The Highway/Mixed Use Planning Area is
planned to undergo moderate grading and is planned as a community center site
with retail, office and business park uses as well as potential residential units.Over 93% of the planning area is made up of slopes less than 25%. Of the six
acres of slope over 25%, approximately 5 acres will be graded to create buildingsites. Moderate grading operations will comply with the following criteria:
1) All grading criteria associated with limited grading operations will apply.
2) Grading associated with all land uses is allowed.
3) Some existing landforms will be modified and re-contoured, but the overall
effect will be to emulate the general character of the planning area.
4) Retaining walls may be used to minimize grading.
71Page
5) Grading associated with golf courses will be permitted. Golf course edges
will be softened and re-contoured to blend seamlessly with the natural
topography.
d. Standard Grading
Standard grading operations will occur in the Big Gulch and Southwestern
Planning Areas, which are the flattest and least constrained portion of the site..
The Big Gulch Planning Area will contain the highest intensity of uses per acre
on the property and is planned for a mix of residential and commercial, civic and
recreational uses. About 95% of the area, or 610 acres, contains slopes under25%. Of the remaining 26 acres with slopes over 25%, approximately 16 acreswillbegradedtocreatesuitablebuildingsites. The Southwestern Planning Areaisplannedforruralandestatetypehomes, medium density neighborhoods, and
an equestrian center. Over 99% of the area contains slopes under 25% and onlyoneacreoftheseslopeswillbegraded. Standard grading operations will complywiththefollowingcriteria:
1) All grading criteria associated with moderate grading operations will apply.
2) Existing landforms may be significantly altered or eliminated to create
building sites.
3. General Grading Principles and Guidelines
General shapes of landforms in nature are fairly consistent. Ridges erode creating aU" like form. Valleys and drainage courses are cut in the land and create a steeperV" like form. This understanding and incorporation into grading design naturalizes
and blends graded areas into existing ground. Mass grading, like detailed grading,should be an artful process. Planning and design should consider both vertical andhorizontalmovement. Existing landforms and site characteristics should drive
grading concepts and placement of built elements. Landform grading should be
used instead of conventional grading wherever possible.
a. The basic landforms of the site, as depicted in Appendix A, should be
maintained. Existing landforms may be re-graded as necessary for development
so long as the overall site character is retained.
b. Manufactured slopes should resemble natural landforms and blend in with the
existing topography. Harsh angular lines should be avoided, where practicable,
in favor of slope rounding techniques to create a seamless transition between
existing and altered terrain.
Wage
Exhibit C-Slope Rounding
ROUNDED CUT EDGES VARIETY IN UNDULATION AND
CUT SLOPE EDGE CONFORM TO GRADIENTS CREATE A NATURAL
APPEARS UNNATURAL THE EXISTING TERRAIN APPEARANCE AND PLEASING
LANDSCAPE ENVIRONMENT
I iu i f1
l
VT—FM- 1
T\_.:
71., :'--7 -1//,,
L. 1/ // / / //
i 7/7777—
I \ /'''71—'1X, / / / /
7,/
i1i_4 l CONSTAfJT-2:lGRADIENI'
l_.--.
11,., / , \ //
V,-\<\.„...„:"------- r
STANDARD CUT INTO `
NOSE OR RIDGELIKE \ ^.`
1
ma=y—
N ",-.,_ --...--
r yr a sa
Ik• ''
ar
1
a+ ;
as
Conventional Grading Landform Grading
c. Variation and combination of slopes, i.e. 2:1, 3:1, and 4:1 (50%, 33%, 25%), etc.
should be used to create a more natural character within graded areas where soilconditionsandabilitytolandscapeallow. Large graded slopes with a constantgradientarediscouraged.
9JPage
Exhibit D-Slope Variation
VARIETY INT UNDULATION AND
ROUNDED CONTOURS GRADIENTS CREATE A NATURAL
EMULATE EXISTING TERRAIN APPEARANCE AND PLEASING
LANDSCAPE ENVIRONMENT
iikia1 \44, .NNINNNSIIN,
N, (
0'sN„ '‘.'NN`NNN
t. N,,,,4'N
41'4,...
k .
j
N STRAIGHT CONTOURS r
4 •-,,..
1ANDCONSTANTGRADIENTS ~
t
APPEAR ENGINEERED AND , I IUNNATURAL
I I( L_ L_ _ I —
mm'--=•..
c.:
r :' '
S,
A"` sj°.r f .. ..."=
Lna' . l`A ( tzda,<
r
x
Conventional Grading Landform Grading
d. The maximum gradient of any manufactured slope should not exceed 2:1 (50%).Slopes as steep as 1:1 (100%) and as high as ten feet without offsets or benches
may be permitted under certain circumstances and on a case-by-case basis
where geologic or aesthetic conditions allow, or if best management practices
warrant and if certified by a professional geotechnical engineer and approved bytheCityEngineer.
e. Grading necessary for roadways, public facilities, drainage improvements, open
space recreational facilities and their supportive uses should be sensitive to the
existing topography. Grading techniques should restore these areas to a natural
appearing state as much as possible.
f. Significant natural features such as visually sensitive ridgelines shown on
Appendix A, should be preserved or reinforced to the greatest extent possibleandincorporatedintothedevelopmentdesign.
10I ;
g. Grading on sites next to the BLM property/Eagle Regional Park, other regional
open space, and property boundaries adjacent to undeveloped lands should
blend with the characteristics of the existing landforms as much as possible.
4. Specific Grading and Siting Guidelines
a. Streets and Roadways
1) Street alignments should be designed to relate to natural or manufactured
topography. Roads running perpendicular to existing contours on steeper
slopes should be avoided.
Exhibit E-Road Grading
ROUNDED CONTOURS AND
UNDULATING SLOPES CREATE
r
A PLEASING ROADSCAPE
7-
Vii' r 1 ---,
u
f.,/
y94. ./
1-p P
ff
2f'f/
R /'r ` °
I
STRAIGHT SLOPE BANK " tti` / f
Q /::K
HEIGHTENS MONOTONY ','7.' S4 / /
F /
0/
r
OF ROADWAY LANDSCAPE ,/7" s /7
G Or r 4,'"
4." 44/ ,./ , .,,,
7
4,• „, 4, ./." 4/"//,/
9
a'TNa't3t
Conventional Road Grading Landform Road Grading
11JPage
2) Streets should move creatively on and around ridge forms. Ridgelines
and ridge tops should be visible occasionally above adjacent roadways.Exhibit F illustrates how roads should integrate into the existingtopography
Exhibit F-Road Integration
4°'. - -
1.FLAT AREA CREATED
AT INTERSECTIONS
L
tea,
w
u PROPOSED ROUNDED
CONTOURS EMULATE
8 SHOULD RESTORE
THE EXISTING TERRAIN l-z- ' , ``\f
l
RE THESE
AREAS TQ A NATURAL
APPEARANCE ` "
r
M
e`
Ti
iPROPOSEDROADWAYtai\ \ i ,'
CONTOURS FOLLOW iSTREETSARELOCATEDALONGEXISTINGTOPOGRAPHYRIDGES&VALLEYS,IF POSSIBLE TO MINIMIZE DISTURBANCE/ /
1/ \ \ ' f
f
f
3) All grading within ACHD roadway prisms shall be built to ACHD
standards unless alternate street standards are approved by the CityandACHD. Variations from dimensional standards, alternative cross
sections, alternative intersection spacing, multi-tiered divided streets
with sloping medians, reduced radius criteria, and increased street
gradients, and other alternative designs may be used to preserve
existing topography and minimize impacts of grading if approved byACHD, the City, and the applicable emergency service districts.
4) After the completion of grading, the timing of road construction and
paving shall be in accordance with ACHD standards and ITD
standards, if applicable.
12 1 v ,
5) The width of the graded section shall extend three feet (3') beyond the
back of curb or edge of pavement on both the cut and fill sides of the
roadway to provide an adequate shoulder for health and safety. If a
sidewalk is attached to the curb, the graded section shall be increasedbythewidthofthesidewalkplusonefoot (1') beyond the back of curb.
Detached sidewalks may be grade-separated from curbs so long as athreefoot (3') shoulder is maintained, otherwise, approval from the CityEngineerwillberequired.
6) All asphalt roads shall include an edge treatment such as, but notlimitedto, vertical curb, modified vertical curb, rolled curb or ribbon
curb or compacted shoulder.
b. Development Pads/Lots
1) Lot lines shall be set at the top of a slope unless the down slope is a
common lot in which case the lot line may be set at the bottom or alongtheslopewhenadrainageeasementisinplaceonthedownslope
common lot. Deviations must be approved on a case by case basis by theZoningAdministrator.
2) When set at the top of a slope, property lines should generally be set back
a minimum of two feet (2') from the rounded hinge point at the top of anymanufacturedslopeunlessgrade-adaptive design techniques areincorporated. See Exhibit G for an illustration of this concept.
Exhibit G-Lot Line at Top of Slope
I-
cr
W
w
OZ
o-J
2,I
TYP.IHINGEPOINTPAD
13IPage
3) When the lot line is set at the bottom or along the slope a swale, ditch, or
other drainage collection system may be installed at the lot line to limitcrosslotdrainage. Drainage collection may not be necessary if adrainageeasementisprovided. Setbacks for structures shall be the sameasifthelotlinewerelocatedatthetopoftheslope. For an illustration oftheconcept, see Exhibit H.
Exhibit H-Lot Line Along Slope
I- 1
w
Z TYP,
O .7.1 I Q w
I 30
w
I 'f)
PAD
HINGE POINT
DRAINAGE
COLLECTION SYSTEM
4) Structures shall be set back a minimum of five feet (5') from any propertylineadjacenttoaslopeorassetforthinsection1805.3 of theInternationalBuildingCode, whichever is greater. Alternate setbacks arepermittedasdeterminedbytherecommendationofageotechnical
engineer in an approved soils report and with approval of the CityEngineer. For an illustration of this concept, see Exhibit I.
14IPage
A
byg
9
Exhibit I-Minimum Slope Setback Example
10'
o? ++""',,
k 4 ' TOP of SLOPE
15'
H=30'
rrrr ir. Ti. — ss s c
TOE of SLOPE
The IBC states that the setback of a structure at the top of a slope should be at least H/3,where H=the height of the slope, and the setback at the toe of the slope should be H/2. Intheexampleshownabovetheheightoftheslopeisthirtyfeet (H=30'), thus, the setback at
the top of the slope is ten feet (H/3) and the setback at the bottom of the slope is fifteen feetH/2).
5) Grading within natural custom lots in the Southern and Southwestern
Planning Areas should generally be limited to pre-determined and defined
building envelopes. See Exhibit J for an example of a building envelope.
Exhibit 1-Building Envelope Example
UNDISTURBED AREA BUILDING ENVELOPE
LIMIT OF DISTURBANCE
GRADED AREA
W t'
f'
fiki
LOT LINE L +,
15Ipage
6) Lot design should provide a pad with contoured transitional edges thatblendintoexistingtopography. Exhibits K, L, and M show examples oflandformgradingforlotswithflatpads, grade adaptive pads, and abuildingenvelope.
Exhibit K-Flat Pad Design
PROPOSED ROUNDED
CONTOURS EMULATE
THE EXISTING TERRAIN A
A
o
IILVIIIIIIIIIIIIIIIIIINNIMN
j---."------
D??
I
II'
k-- ) 1
s\\
cv1nY \ 1
k ji ' 1‘.._,„............„ 1Iibik.
Ut
r
LOT LINE
FLAT BUILDING PAD WITH
SITE WALLS IF NEEDED EDGES THAT TRANSITION INTO
EXISTING TOPOGRAPHY
2.1 MAXIMUM
SIDE YARD SLOPES
EXISTING TOPOGRAPHY
Exhibit L-Grade Adaptive Pad Design
PROPOSED ROUNDED
CONTOURS EMULATE
THE EXISTING TERRAIN
4
t ;1//
I
l>>,,
f J _ - f
r yVer(Nt j .—....„ `.. ..1-I`` SPLIT PAD
3t 'r SPOT PAD 1 4(
I
1/
ii)
SPOT PAD
I
4
A;i\` I 1N._ 1 '') I I 2 r
1 /
SITE WALLS IF NEEDED
SPLIT PAD TAKES UP GRADE
THROUGH THE STRUCTURE AND
2:1 MAXIMUM PRESERVES AND BLENDS THE HOME
SIDE YARD SLOPES INTO EXISTING TOPOGRAPHY.
EXISTING TOPOGRAPHY
16IPage
Exhibit N
M3 Eagle
Master Habitat Mitigation Plan
November 2010
Prepared for:
M3 Companies
533 E. Riverside Drive, Suite 110
Eagle, Idaho
83616
i.. -
sue,.........
fir s. .
Y
t
r
f iii q 4 `{,-•
V
p
e
i.1 4 f- . el, sIOptt ten
r
7 .,
J fi Pi et)iil'f'd ).
1,
ti
i t l ./ r' i
i 1
44 Jai` ''' 1 ,}
i t," r
I
a r f i-.." i i 1 f t lr,
r r,'
1
j 1 lt!/ /r)f 11;
r r
r ''( r'' 1 '
r '/11Y
kk } ,yiT
u d it
t 1 d:
d./ */1,1
f ///
a 1•/J f O l St+. Stilt( 10))
r (\fit n! f
a
it
f ;
r
fj
i
V 1 } fr i Ir
v _ Idahq 83702 I r /_ `If 4r / f 208 1344-040 . r'
i‘5.''
rp -
i I b
r i
r r t rid . i i?,
to cy'Ve i \ 1 I
its
0,,,ga.,
f_ Lyra. , „
14 oe
N4
l ' xw a w'f ,,,
Nr
TABLE OF CONTENTS
EXECUTIVE SUMMARY
ES-11.0 Introduction
12.0 M3 Eagle
23.0 Project Background and Goals of the HMP 6
3.1 M3 Eagle Pre-Annexation and Development Agreement 6
3.2 Habitat Areas of Special Concern 7
3.3 Goals and Objectives of the HMP 74.0 Methods
10
4.1 Pre-field data collection
10
4.2 Field Investigations
10
4.2.1 Vegetation Cover Type Classification 11
4.2.2 Habitat Condition Classification 11
4.2.3 Species in Need of Conservation 12
5.0 Results
12
5.1 Vegetation
12
5.2 Wildlife
17
5.3 Special Status Species 186.0 Impact Analysis
23
7.0 Habitat Mitigation Plan
26
7.1 Achieving Open Space Goals 26
7.2 Avoiding Impacts to the HASC 26
7.3 Minimizing Impacts to the HASC 27
7.3.1 Low Density Development and Building Envelopes 27
7.3.2 Recreation Management Plan 28
7.3.3 Construction Procedures 28
7.4 Mitigation
29
7.4.1 Establishing Wildlife Movement Corridors 30
7.4.2 Fencing 33
7.4.3 Revegetating Manufactured Slopes 34
7.4.4 Establishing Wetland and Riparian Habitat Areas 36
7.4.5 Preventing Noxious Weeds 38
7.4.6 Minimizing the Effects of Fire 41
7.4.7 Preservation of Regional Open Space Outside of the HASC 41
7.5 HMP Implementation
43
7.5.1 Funding Options for Continued Open Space Management 43
7.5.2 Monitoring Plan
448.0 Conclusion
469.0 References
48
M3 Eagle
Master Habitat Mitigation Plan 1
January 2010
LIST OF TABLES
Table 1. Goals and Objectives of the Habitat Mitigation Plan
Table 2. Seral Stages and Transitions for the Classical Linear Succession and Habitat
Condition Model in the Sagebrush-Grass Vegetation Type
Table 3. Vegetation Cover Types of the M3 Eagle Property
Table 4. Habitat Types and Vegetation Condition Classes of the M3 Eagle PropertyTable5. Special Status Species Known or Suspected to Occur in the M3 Eagle PropertyTable6. Summary of Impacts to Habitat and Wildlife in the HASC
Table 7. Types and Amounts of Open Space in the Project
Table 8. Noxious Weed Occurrences on BLM Administered Public Land in Ada County
LIST OF FIGURES
Figure 1. M3 Eagle Vicinity Map
Figure 2. M3 Eagle Planning Areas
Figure 3. M3 Eagle Conceptual Master Open Space Plan
Figure 4. Distribution of Vegetation Cover Types on the M3 Eagle PropertyFigure5. Habitat Conditions by Vegetation Type within the M3 Eagle PropertyFigure6. Potential Wildlife Movement Corridors
Figure 7. Low Density Development in Southern Planning Area
Figure 8. Wildlife Crossing Fence Designs
Figure 9. Potential Exchange Lands
LIST OF APPENDICES
Appendix A Northwest Ada County Big Game Survey Summary 2009(Map 9)Appendix B Wetland Construction Concept Plan
M3 Eagle
Master Habitat Mitigation Plan
January 2010
EXECUTIVE SUMMARY
This Habitat Mitigation Plan(HMP)provides long-term management goals,guidance,and
implementation measures to address development within Habitat Areas of Special Concern
HASC)within the M3 Eagle property(Property)as identified in the Pre-Annexation and
Development Agreement(PADA)between the City of Eagle and M3 Eagle. The agreement
describes the HASC as lands that are environmentally constrained for development. The
HMP identifies areas where mitigation is required,the type of mitigation actions required,
and the rationale for such actions.The HMP also details plans to minimize and mitigate
adverse impacts to wildlife habitat values and native plant associations from development
within the HASC.Implementation of the HMP will be on a Planning Unit by Planning Unit
basis. This approach will provide an adaptive wildlife habitat management program that
responds to market and environmental conditions that could change over the full build-out of
the project.
M3 Eagle is a proposed master planned community(the Project)consisting of 6,015 acres in
the North Eagle Foothills(Project).It is planned for a maximum of 7,153 dwelling units and
245 acres for non-residential use.The project will contain a minimum of 1,200 acres(20
percent)as open space with a goal of 2,400 acres(40 percent)as open space.Regional and
community open spaces are planned to conserve high quality habitats and create new habitat
opportunities.
Non-native grassland is the dominant habitat type within the Property. Grasslands comprise
5,413 acres(90 percent)of the site while shrubs comprise 420 acres(7 percent)and disturbed
lands(agriculture and development)comprise 180 acres(3 percent).Only 2 acres of riparian
communities are present. Over 5,542 acres(92 percent)of the habitat on the Property is in
poor to marginal condition while the remainder is in satisfactory to good condition.A variety
of wildlife species occur or have the potential to occur on the Property,however,the
Property provides marginal habitat values for most native wildlife due to the overall poor
condition of the vegetation communities,lack of shrub cover,relative lack of key forage and
browse species, and presence of invasive vegetation.This condition is a result of repeated
disturbances,including historic grazing and wildfires.
A plant referred to locally as slickspot peppergrass(Lepidium papilliferum)is known to
occur on the Property and elsewhere in the North Eagle Foothills. This species was recently
listed as threatened under the Endangered Species Act(ESA)of 1973 by the U.S. Fish and
Wildlife Service. However,ESA regulations for this plant do not apply to private lands and
removal of habitat or individual plants on private land incidental to development is not
prohibited. The majority of the areas where this plant species occurs on the Property will be
preserved as regional open space.
M3 Eagle
Master Habitat Mitigation Plan ES-1
January 2010
The Property does not support habitat or occurrences of any other plant or wildlife species
currently listed under the ESA. There are known occurrences and habitats on the Property for
several other species identified by the State of Idaho as species in need of conservation.
The City of Eagle, in cooperation with the Idaho Department of Fish and Game(IDFG),
identified HASC on the property totaling approximately 1,160 acres. These areas generally
contain mature,but isolated sagebrush stands and/or higher quality native vegetation that
supports various wildlife species.Further analysis of the HASC by URS indicates 212 acres
18 percent)of these areas are in good or satisfactory condition while 948 acres(82 percent)
are in poor or marginal condition,including 103 acres of farmland.These areas have been
further refined through field surveys by URS biologists.
Development will occur on approximately 560 acres(48 percent)of the HASC.The
sagebrush stand in the Southwest Planning Area may be fully or partially removed. Some of
the habitat in the Southern Planning Area may also be removed or disturbed. Potential
impacts within the HASC include habitat alteration,traffic,noise,disturbance,displacement,
and mortality of wildlife.
The HMP for the HASC contains the following key provisions:
1. Approximately 600 acres(51 percent)of the HASC will be preserved as natural open
space. Of these,approximately 480 acres of the HASC will be preserved in large
blocks of public regional open space near Willow Creek Road through land exchange
with the Bureau of Land Management(BLM),open space donation to the City,
conservation easement, and/or deed or covenant restrictions. An additional 120 acres
of the HASC will be preserved on residential lots outside of building envelopes.
These preservation areas contain some of the highest quality habitat on the property
and provide connectivity between parcels of public land administered by the BLM to
meet the needs of wildlife.
2. The HASC preservation areas east of Willow Creek Road support the majority of
good and satisfactory habitat on the property including:
Relatively diverse native plant communities;
The only occurrence of riparian habitat in the Property;
Known occurrences of special status plants;
Areas of abundant mule deer use;
A diversity of upland game birds,raptors,and other migratory birds.
M3 Eagle
Master Habitat Mitigation Plan
January 2010 2010
3. Development within the HASC in the Project's Southern Planning Area will consist
primarily of low-density housing on large(2+acre)lots. Structures and development
on many of these lots will be confined to designated building envelopes to retain
existing vegetation and maximize open space contiguity. Building envelopes will
minimize impacts in the HASC by retaining open space.Areas outside the building
envelopes will be kept in their natural(existing)state,planted in vineyards or
pastures,or planted with naturalistic landscaping in accordance with the M3 Eagle
Design Criteria.In the event that a wildfire impacts these areas,they would be
stabilized through plantings and seedings to match surrounding unburned areas or
restored to their previous state.
4. Landscape guidelines will be developed that emphasize the use of plants native to the
region. Manufactured slopes will be revegetated with regional native vegetation or
other plants favorable to regional wildlife or that mimic the structure and
functionality of regional native plants.
5. Open spaces,including parks and conservation areas,will be positioned strategicallytoincorporatevaluablehabitatandprovidecontiguityandconnectionwithlarger
habitat areas.A minimum of 20 percent(1,200 acres)of the Project will be devoted to
open space. The goal of the Project is to have at least 40 percent(2,400 acres)
devoted to open space.
6. A recreation management plan will minimize potential impacts to wildlife,sensitive
habitat areas,and special status plants in the HASC and vicinity,as appropriate.
Recreation that is not compatible with critical wildlife and native plant objectives will
be restricted in open space areas.
7. Open space corridors will be established to provide for wildlife movement. Road
crossings, either separated or at-grade,will be provided at strategic locations to
reduce conflicts with vehicles and facilitate such movement.
8. Fencing within and adjacent to preserved HASC areas and other natural open space
areas of the Project will generally be placed strategically to limit hazards and
construct a community permeable to wildlife. Wildlife friendly fencing would funnel
wildlife into designated road crossing points where a combination of fence
modifications and traffic control measures will minimize collisions.Fence designs in
other areas will exclude wildlife from potentially hazardous situations.
M3 Eagle
ES-3MasterHabitatMitigationPlan
January 20102010
9. Construction procedures will be enforced in the HASC to minimize direct and
indirect impacts to wildlife.
10. M3 Eagle will provide,subject to the terms and conditions of the PADA, 320 acres in
a parcel at the eastern portion of the property and outside of the HASC for regional
open space preservation. This may be accomplished through land exchange with the
BLM,open space donation to the City,conservation easement,and/or deed or
covenant restrictions. This area contains good quality habitat and two known species
of special status plants. This parcel abuts public land(BLM)and will add to the
permanent continuity of natural open space for wildlife in the foothills. These 320
acres will be combined with the 480 acres of preserved HASC lands described in Item
1 above and,pending the Recreation and Public Purposes Act application, 1,915 acres
of BLM lands to the south to form the proposed Eagle Regional Park totaling 2,715
acres.M3 will provide another 80 acres of land along Willow Creek Road to form a
regional open space and trail corridor for a total of 880 acres of Project lands
designated for the proposed Eagle Regional Park and regional trail corridor.
11. The Project will create approximately 50 acres of open water(lakes,ponds,and other
drainage features)and 40 acres of riparian habitat within the Property. The surface
water of lakes,ponds, and drainage corridors will resemble the seasonal hydrology of
southwestern Idaho's non-riverine wetlands and water features will be planted along
the margins in many areas with native emergent and woody vegetation,creating
valuable wildlife habitat. In addition,a 6-mile regional park,trail,and open space
corridor stretching from one end of the community to the other will be created with
riparian areas 40 to 100 feet wide. Emergent wetland plants and native woody shrubs
will provide excellent cover, food,and nesting habitat for a variety of wildlife.
Wetland construction in the Project will also help meet the objective of the Bird
Conservation Plan for Non-Riverine Wetlands in Idaho,which calls for"...a net
increase in the number of acres of wetlands in Idaho,focusing on the same types and
amounts that historically occurred here",and Idaho's Comprehensive Wildlife
Strategy,(IDFG 2005)which identifies wetland construction as a high priority.
12. M3 will establish an open space fund in cooperation with the City of Eagle to be used
solely for regional open space management associated with lands within the Project.
Notwithstanding the foregoing,some of these funds may be used for habitat
enhancements in other regional open space areas subject to approval from M3.
13. M3 will implement a noxious weed abatement and management plan to control the
spread of existing noxious weeds and to prevent the establishment of new populations
M3 Eagle
Master Habitat Mitigation Plan ES-4
January 2010
of noxious weeds. Weed management zones will be delineated based on the presence
and extent of noxious weeds on the property and management approaches will be
developed for each zone.
14. The Project will reduce the potential for fire to consume wildlife habitat in or around
the HASC by establishing defensible space around homes and enhancing resident and
visitor awareness.
15. M3 will establish a monitoring program that tracks the provisions of this HMP.
In summary,development within the HASC will be mitigated by implementation of the
HMP,as outlined in Section 7. Some of the sagebrush stands and other vegetation will be
removed but their loss will be offset by:
1. Dedication and preservation of the highest quality areas within the HASC as
permanent open space
2. Preservation of good quality regional open space within the Project,but outside of the
HASC,that will extend the potential for habitat connectivity with the proposed Eagle
Regional Park.
3. Creation of new wetland habitats.
4. Revegetation of designated manufactured slopes with shrubs,grasses,and herbs
native to the region capable of providing cover and food to an array of existing
wildlife,or other plants favorable to regional wildlife.
5. Creation of a permanent fund for regional open space management.
6. Creation of a monitoring plan to gauge the success of the HMP.
7. Preservation of existing and/or creation of new wildlife movement corridors.
8. Implementation of a noxious weed abatement plan.
M3 Eagle
ES-5MasterHabitatMitigationPlan
January 2010 2010
1.0 INTRODUCTION
The North Eagle Foothills have been designated by the City of Eagle as an Area of Critical
Concern for topographic, ecological and scenic significance. The City,in cooperation with
the Idaho Department of Fish and Game(IDFG),identified several portions of the M3 Eagle
property(Property)as environmentally significant for their habitat value,herein defined as
the Habitat Areas of Special Concern(HASC). The HASC are considered constrained lands
for development purposes. The M3 Eagle Pre-Annexation and Development Agreement
PADA)requires the submission and approval of a Habitat Mitigation Plan(HMP)for the
HASC prior to development on such lands in order to establish the appropriate actions that
will help minimize the effects of such development.
This HMP provides long-term management goals,guidance,and implementation measures to
address development within the HASC.It identifies areas where mitigation is required,the
type of mitigation actions required, and the rationale for such actions.The HMP also details
measures to minimize and mitigate adverse impacts to wildlife habitat values and native plant
associations from development within the HASC and outlines funding options for long-term
open space management and monitoring of the mitigation program.Implementation of the
HMP for the HASC will be on a Planning Unit by Planning Unit basis. This approach will
provide an adaptive wildlife habitat management program that responds to market and
environmental conditions that could change over the full build-out of the Project.
This HMP culminates several years of environmental studies that URS Corporation(URS)
and others have completed on behalf of the M3 Companies(M3),the developer of the
Project,to gain insight into the ecological relationships and natural resources present on their
property.This HMP has also been developed with input from the IDFG and the City of
Eagle. This document contains the following sections:
Section 2 describes the Project and the Property;
Section 3 reviews the requirements of the PADA with respect to habitat
mitigation and sets forth the goals and objectives of the HMP;
Section 4 describes the methods used in the analysis of existing habitats in the
Property;
Section 5 summarizes the results of the habitat study;
Section 6 describes potential impacts of the Project on wildlife and plants in the
HASC; and
Section 7 describes the HMP.
M3 Eagle
Master Habitat Mitigation Plan l
January 2010
2.0 M3 EAGLE
M3 Eagle(the Project)is a comprehensive master planned community that will provide a
variety of housing,jobs,recreational, educational, equestrian,open space,and cultural
opportunities integrated into the City. The Project totals approximately 6,015 acres located
northwest of downtown Eagle,Idaho,between State Highway 55(SH-55)and State Highway16(SH-16)(Figure 1).
The Project has been approved by the City for a base density of 0.5 units per gross acre,or
3,003 dwelling units,and 245 acres of non-residential use.Density bonuses may be granted
by the City according to the provisions in the PADA. Such bonuses would permit up to 1.19
units per gross acre,totaling 7,153 dwelling units for the entire property. The Project is being
planned as five different planning areas which differ in character and intensity:the Big Gulch
Area,Northern Residential Area, Southern Residential Area,Southwestern Residential Area,
and Highway/Mixed Use Area(Figure 2). The Conceptual Master Open Space Plan is
designed to work with topography,open space opportunities,habitat constraints,and land use
and circulation patterns(Figure 3). The Project will contain a minimum of 1,200 acres(20
percent)as open space with a goal of 2,400 acres(40 percent).Regional and community
open spaces are planned to conserve and create high quality habitats and meet the needs of
wildlife.
Land use patterns surrounding the Project include:
A mixture of farmlands,rural residential areas,and BLM administered public
land to the south;
A mixture of residential and BLM administered public land to the west;
Rangeland and agricultural land with scattered rural homes to the north;and
A combination of rangeland,rural residential development,and agricultural lands
to the east.
M3 Eagle
Master Habitat Mitigation Plan 2
January 2010
M p
ON
77-7*, .tit
N.:
c a
Pi'
1.2„,,,,,„„... i.... ... , _.i* :,„
ar C y
L
m 1
4 '
4 F 'ZJ•,,,,,,,
wie...--:, k,„-,,,,-,,..„..- ,..----.. ,--_,L.:„
Ai
i n A,
7
t r s.
d'/
Z
1
j •off rrotuea
t
1,2._ *
1d ii!r-," .
plat),72, ` di-
c"7,- ...-i • ,
o,i.• ,'''*
r,-,;',"
4.
f:'.-'.' '_,,.,' ' ''.-;
177.4--.T.'.-7-4-.--fl‘'-'1..'','-',A"C-'1--r„iA.
7:- . .--..'
t\,,- "-
tF1,71:11,......,,'"%
e- 7•74.."/ ,
V :::,41.
4..'",'?,kr ;-.1;04t.-',-ri.:4,, . ,,iLl,
1ff
le
er
y,, = ; ,.
S -`
x °'a as gx1 ,, tii
1 wa.rmTae
q.,kith, ,i)
a icy Ufao
yam + <
f` #"Y
a t, ,y
ds'' '
1!
Kam«'
17.}
Ti.:.
p+
3g
ff 6
Y',
es' '
i L.5:,4f, ',..isi-,-,,,,
ilisi,„,„., I.;,,',...-'—ri ;:i7."- -'-'--cEi. . o",i'"r
P-- '' i .:
r} „ iU 1 yes ny Oor
T
S4 `+
w
as
8
g
1,
1', a
1
aka
g
t r
i i 1
eql
S
o13
ci
D%
y wy ScF O iJ 01 I a
I
W
Z
vo
0
N
miN.,..-.; -;<7.;;;'.. ,.;,-,..'. ?1.-*-.",*:-°, '','.
v - , :! -.-t.',-.''.+
c::--;".,, ,,- ----
11','-''-'41k.tt 5 X ''''
1
Q k. k t
1
Al
C
i
aFur"
al'
s ^-++
II
a•
1-1
f' 4` ,
44 - ti b,
ter.
g .10,.:.
40
d
7y,- - r • r 2,
may',?
J 4
2,
er : 4
e +
r'i
I
co
hill
410 74!
a
1
C
i
I it! J
q.
t -
f`'
1111
t 7
Si~
4'''
1`.?..,.-t-
1--- I i j 1 CO
6 410,.
4, is
ezt?
l
W .4,
A,\.
Z
o
I m u= O
vear
a
Z U U
z
O Q ys p
g
1 t v d O R
u+ 0.-0 22zwz0yd -
U L C
N y 3
a
e21 z a c C O_OWWCLNKGQG
a U o x
IUL ai
aI
O u a y a0
a
a J
C N „,
umco
Q Q LL Q m
op W C
m W Z Y J
lu
W W C d ad_
16-
Z Q °C Y C _U
L 4 U Q
4.`,,
s'c r= 'Z
1ItST' -*AU.,AV\
c1...
J.'
w
V a
R
A
t_r”- L v I
0 z
lir`
e..er=_
f..
N. Si w Ll.
z„:,„,..
k-,.„,,
Ie..- iii ...vDI lzce
Z
m 0 CL
CSliliiith... .. __.....„, i
r 6- --.... -,-- - ,,--...--':- -__.
IN
aa
Aii,
000100100'
ro
CI
C ,1' '' . .-. -- 'N'tc -47'' ''',//:, , ,''.- it4,1‘tt' 72.
lt,4'7 i
CU
OE
aka-.Wit
o
ciao
ilir '
en
O W
4 M
z
3.0 PROJECT BACKGROUND AND GOALS OF THE HMP
3.1 M3 Eagle Pre-Annexation and Development Agreement
The City of Eagle approved the PADA on December 18,2007. Section 1.6 of the agreement
provides for a maximum base project density(Pre-Mitigation Density)of 5,127 dwelling
units prior to conversion of constrained lands to unconstrained lands. Constrained lands are
defined as slopes over 25 percent,lands within a floodplain,and HASC. The previous
approval of Grading Guidelines and Hillside Development Standards for the Project by the
City,and the issuance of a Conditional Letter of Map Revision for the Project by FEMA,
served to convert constrained lands due to slope and floodplain to unconstrained lands.
Approval of this HMP will convert constrained lands due to HASC to unconstrained lands in
order to achieve the maximum density of 7,153 dwelling units. Prior to approval of the HMP,
development within the HASC is limited to a maximum density of 0.2 dwelling units/acre.
Section 2.7 of the PADA states:
A Habitat Mitigation Plan that addresses development within Constrained
Lands, as generally identified on Exhibit Mas Habitat Areas ofSpecial
Concern, shall be prepared by the Developer in cooperation with City. The
Habitat Mitigation Plan shall identify areas where Mitigation is required, the
type of Mitigation actions, if any, required, and the rationale for such actions.
City and Developer may coordinate, cooperate, and consult with other
agencies in the development and review of the Habitat Mitigation Plan, but
approval authority for the Habitat Mitigation Plan shall rest solely with City
based on standards commensurate with such Habitat Mitigation Plan(s)and
based on findings that demonstrate a rational nexus. Nothing in the Habitat
Mitigation Plan may be construed as either incorporating state and/or federal
standards and/or regulations that are not applicable to the Property or
otherwise conferring any approval authority for the Habitat Mitigation Plan
to any state or federal agency. The Habitat Mitigation Plan shall be submitted
to City prior to Developer's submission to City of the first Planning Unit
Master Plan. Implementation ofsuch Habitat Mitigation Plan shall be on a
Planning Unit by Planning Unit basis. The Pre-Mitigation Density for any
Planning Area shall not be increased until such Mitigation Plans are
approved."
Nothing in this HMP shall supersede the provisions of the PADA. In the event of a conflict
between the provision of the HMP and those of the PADA,the provisions of the PADA shall
govern.
M3 Eagle
6
Habitat Mitigation Plan January 2010
3.2 Habitat Areas of Special Concern
The City of Eagle, in cooperation with IDFG,has identified HASC on the property totaling
approximately 1,160 acres occurring in two large blocks. One block(55 percent of the
HASC)falls mostly within the Southwestern Planning Area of the Project,which is primarily
planned for low density housing at a gross density 0.74 dwelling units per acre,and also
includes small portions of the higher density Big Gulch and Northern Planning Areas.The
gross housing density proposed in these planning areas is 2.97 and 1.65 dwelling units per
acre,respectively. The other block(45 percent of the HASC)falls within the Southern
Planning Area which is planned for low density housing at a gross density of 0.06 dwelling
units per acre.
The HASC include mature,but isolated sagebrush stands and/or higher quality native
vegetation that support various wildlife species.Further biological field surveys and studies
of the HASC have refined and classified its habitat and vegetation cover and condition.
These surveys have determined that only 213 acres(18 percent)of the HASC are in good or
satisfactory condition while 843 acres(73 percent)are in poor or marginal condition. The
remaining portion of the HASC is in cultivated crop land totaling 103 acres(9 percent).
Development within the HASC will be mitigated by implementation of the HMP described in
Section 7. Some or all of the sagebrush stands in the Southwestern Planning Area of the
Project will be removed,but their loss will be more than offset by: 1)establishment of an
open space fund that could be used for off-site habitat restoration;2)dedication and
preservation of high quality habitat areas as permanent open space;3)creation of new
wetland habitats;4)implementation of a noxious weed abatement program;5)recreation
management; and 6) a variety of other techniques to avoid,minimize,and mitigate impacts in
the HASC(Section 7).Figures 2 and 3 show the HASC as defined by Exhibit M in the
PADA,and display proposed development areas that could affect them.
3.3 Goals and Objectives of the lIMP
This HMP establishes eight long-term goals and a corresponding set of objectives to meet
each goal. Table 1 summarizes the goals and objectives of the HMP.
M3 Eagle
Habitat Mitigation Plan 7
January 2010
Table 1. Goals and Objectives of the Habitat Mitigation Plan
Goals Objectives
Avoid,minimize and mitigate impacts to • Avoid impacts to HASC where practicableHASC. or desirable.
Minimize impacts to HASC where they can
not be avoided.
Mitigate impacts to HASC through actions
within the Property that offset unavoidable
impacts.
Provide and preserve substantial portions • Provide a minimum of 20%(1,200 acres)
of the Project in various forms of open open space overall with a goal of achievingspaceforwildlifeutilization. 40%(2,400 acres)open space.
Maintain at least 50 percent of the areas
within the HASC as open space.
Preserve the highest quality vegetative areas
as permanent open space.
Preserve natural open space,to the extent
feasible,in large blocks to optimize wildlife
utilization.
Utilize building envelopes in residential
areas with large lots to preserve natural open
space.
Establish new riparian habitats within the • Create lakes,ponds, and other wetland areas
community. with hydrology that resembles natural
wetland hydrology of the region.
Establish regional native wetland and
riparian vegetation in and around
constructed wetlands.
Provide for wildlife movement Provide strategic wildlife movement
throughout the Project
corridors within the community.
Utilize building envelopes and minimise
fencing in large lot residential areas.
Provide wildlife crossings and speed
controls along roadways where wildlife
collision potential is high.
M3 Eagle
8HabitatMitigationPlan
January 2010
Table 1. Goals and Objectives of the Habitat Mitigation Plan
Goals Objectives
Revegetate manufactured slopes to Conserve and retain topsoil duringrestorenativeplantcommunities. construction. Reapply topsoil prior to
planting.
Utilize regionally native plant material and
other desirable species for revegetating
manufactured slopes.
If regional native plant materials or other
desirable species are not available,utilize
plant materials favorable to regional wildlife
or that mimic the structure and function of
regional natives.
Incorporate plant mixes specific to
ecological site conditions.
Plant manufactured slopes within 1 year
following completion of construction,in
accordance with the M3 Eagle Grading
Guidelines and Hillside Development
Standards,and make significant progress
toward plant establishment goals within 5
years.
Prevent the establishment of new noxious • Implement a noxious weed abatement plan.weed species and the spread of existing • Implement construction precautions thatnoxiousweeds,and reduce noxious limit weed establishment and spread.weeds where practical.
Minimize the effects of fire on the Meet or exceed International Urban-
community and the landscape. Establish Wildland Interface Code(IUWIC)a firewise plan.
requirements and Firewise Community
standards.
Provide long-term funding for the Establish a range of options for creating aprojectsnecessarytomeetthegoalsandlong-term funding mechanism.objectives of the HMP and establish a Establish an ongoing habitat monitoringprogramforlong-term monitoring and program to gauge the success of the HMPmanagement.
and prepare annual monitoring reports. .
Provide annual monitoring during the initial
phase of restoration until vegetation is
established and monitor at 5-year intervals
thereafter,as needed,in perpetuity.
M3 Eagle
9HabitatMitigationPlan
January 2010
4.0 METHODS
The analysis of existing habitats on the Property involved a review of existing literature and
data along with field investigations performed by biologists over several years.This sectiondemonstratesthemethodsusedincompletingthestudies.
4.1 Pre-field data collection
Biologists reviewed relevant literature and data to provide context,background,
and a foundation upon which to base field investigations,habitat determinations,
and mitigation elements.
o Literature Review
Idaho Comprehensive Wildlife Conservation Strategy(IDFG 2005)
Atlas of Idaho's Wildlife(IDFG 1997)
Ada County Soil Survey(USDA 1977)
Ecological Site Descriptions(NRCS 2006)
National Vegetation Classification System(Grossman,et al. 1998)
o Data Review
Aerial imagery taken specifically for the Project at high resolution.
Special status species occurrence data(CDC 2005).
Winter mule deer counts(IDFG 2007)
Northwest Ada County Big Game Survey Summary(ECS&WCR 2009)
Biologists created a preliminary vegetation cover classification and special status
species location map using existing literature and data.
4.2 Field Investigations
Biologists surveyed the Property multiple times from 2005 through 2009. Seasonal field
investigations captured vegetation data and wildlife observations during the growing season
and wildlife data during the winter. The objectives of the field investigations were to:
Improve the vegetation cover type classification;
Determine habitat and condition;
Survey for special status species;
Record all wildlife observations.
During the field investigations,biologists kept detailed notes regarding wildlife observations,
plant associations,noxious weeds, and land use patterns. Locations and characteristics of
relevant observations were recorded with cameras and Global Positioning Systems.A Habitat
Study and Natural Features Analysis report was prepared by URS that summarizes fieldinvestigationsconductedin2006(URS 2006).
M3 Eagle
Habitat Mitigation Plan 10
January 2010
4.2.1 Vegetation Cover Type Classification
Biologists surveyed the Property by vehicle and on foot to refine the preliminary map of
major vegetation communities derived from aerial photography.
4.2.2 Habitat Condition Classification
Biologists surveyed the Property traversing a series of transects to classify the condition of
habitats. Habitat conditions are based on the percent cover of key plant species estimated
visually in the field.Four habitat conditions are classified:good,satisfactory,marginal,and
poor. These condition ratings are based on the degree to which a plant community resembles
the potential native plant community. These conditions represent a sliding scale from good
habitat to poor habitat according to the criteria in Table 2.
Table 2. Seral Stages and Transitions for the Classical Linear Succession andHabitatConditionModelintheSaebrush- rass Ve:etation j'e
native perennial grass>50%cover GOOD
sagebrush<50%cover Dominated by native species,with only limited
Potential Natural Community) occurrences of non-native invasive annual grass
and forbs.It has slight to no departure from
potential natural community.
sagebrush>50%cover SATISFACTORY
native perennial grass<50%cover Dominated by native species,with sub-dominant
Late Seral) population of non-native invasive annual grass and
forbs.It has a slight to moderate departure from
potential natural community.sagebrush and/or non-native grass dominant
Mid-seral)
MARGINAL
Co-dominated by native and non-native species.It
mustard and other annual forbs dominant,has high departure from potential natural
community.sagebrush present
Early-Mid-seral)
POOR
annual weeds on bare soil,perennial Dominated by non-native invasive annual grass
vegetation absent and forbs species and little or no remaining natural
Early seral) vegetation.It has extreme departure from potential
natural community.
M3 Eagle
Habitat Mitigation Plan 11
January 2010
Source:(Allen-Diaz and Bartolome 1998)
4.2.3 Species in Need of Conservation
The Idaho Comprehensive Wildlife Strategy(ICWCS)identifies"species of greatest
conservation need"and the Idaho Conservation Data Center(CDC)maintains a database of
occurrences.Biologists reviewed the CDC database and performed a presence/absence
survey for the associated species by walking meandering transects through the Property.Transects were focused in areas of the occurrences identified by the CDC and areas that
exhibited high habitat potential. The locations of all special status species encountered during
surveys were documented on topographic maps and/or with a Global Positioning System,andhabitatconditionsweredocumentedwithphotographs.
5.0 RESULTS
This section summarizes relevant information from the literature and data review and reports
the findings of the field investigations conducted at the Property between the spring of 2005andthespringof2009.
5.1 Vegetation
URS biologists identified four primary vegetation cover types within the Property(Table 3
and Figure 4),grassland, shrub,riparian,and disturbed.Plant communities are
overwhelmingly grasslands with some scattered shrub communities. Riparian communities
are small and isolated but generally have the greatest biodiversity(number of species per unit
area)of any community. The disturbed category includes agricultural lands,residential
development,and other areas of human-caused surface disturbance.
Table 3. Vegetation Cover Types of the M3 Eagle Property
Grassland 5,413 (90%) 834(72%)
Shrub 420(7%) 220(19%)
Riparian 2(<1%) 2(<1%)
Disturbed 180(3%) 103 (9%)
Total 6,015 1,159
HASC is an acronym for Habitat Area of Special Concern
Grasslands are dominant on the Property and are mostly non-native annual grass
communities. Native grasslands are dominated by a variety of perennial
M3 Eagle
Habitat Mitigation Plan 12
January 2010
bunchgrass species and are generally limited to small, isolated patches on steeper
north and east facing slopes.
Shrub communities on the Property are scattered in unconnected patches.
Sagebrush is the dominant shrub present.Shrub patches in the Southwestern
Planning Area and HASC are connected,in part,to shrub patches in adjacent
public lands.
There are approximately 2 acres of riparian plant communities on the Property,
occurring in the HASC east of Willow Creek Road.Neither Big Gulch nor Little
Gulch support riparian vegetation within the Property.
Approximately 180 acres of the Property has been either cultivated or developed.
Alfalfa was the primary crop observed during the field investigations.
Development is generally low density residential with five homes and associated
pastures on 10-acre lots located on the Property next to SH-16.
Table 4 quantifies the results of the habitat condition classifications on the Property and
relates the URS habitat type condition classification to those documented in the ICWCS
IDFG 2005). The ICWCS habitat type column in Table 4 allows the reader to associate each
habitat type on the Property with information in the Strategy.Nearly all of the habitat on the
Property and HASC(92 and 82 percent respectively)is in poor to marginal condition because
the plant communities display an extreme departure from their potential natural plant
community(Figure 5).
M3 Eagle
Habitat Mitigation Plan 13
January 2010
Table 4. Habitat Types and Vegetation Condition Classes of the M3 EagleProle
IF---------
Arable land Disturbed(Poor) 181 (3%) 103 9%
E
Non-native Grassland(Poor) 3,623(60%) 487(42%)herbaceous Grassland Mar8ina1) 1,433(24%) 177(15%)Southern xeric Grassland(Satisfactory)228(4%) 113 10%)shrubland and steppe Grassland(Good) 122(2%) 57(5%)
Shrub(Poor) 52(<1%) 7(<1%)
Shrub(Marginal)253(4%) 172(15%)
Shrub(Satisfactory) 91 (2%) 25(2%)
Shrub(Good) 31 (<1%) 16(1%)
Riparian(Good) 1 (<1%) 1(<1%)
Riparian(Satisfactory) 1 (<1%) 1(<1%)Total
6,015
ICWCS is an acronym for Idaho Comprehensive Wildlife Strategy.
1,159
HASC is an acronym for Habitat Area of Special Concern.
M3 Eagle
Habitat Mitigation Plan 14
January 2010
o
o
N
4.
70E-4r4:?..q.'' i4;
01-p!:” -
i: ''. .,+,, ,,,
ice
v
y A# i -'
x r• w
4...,. .1;,. .' ,,..__.....,..,., ,
iiiga i"1' ,..,,,, ,,
i,,4 -,,,
t.,;.-44.g,‘,...,
ii`:
47.---7_,::_
c—''-`
q.All m' _.. l !
f '% ,.
alr
LA
44:,,,,.4,..
4,..>
l b i i ;,
44._ ,+
art,
z< ' y,
It t
cam
l t I' L ii
t'
Y` !
TM.
t Vic" f •'M
i s r
4 -
g
es.,,,'v: j a 4 O
r
Xi
tc•
L o
I.
7 .t a r .,
In
O
i1*
co
at
l I a fl..; ,_
ice+
le
S etS
CY
411—
n.'
11';'::',..,
r:a.'
rV:......",,,;:::':, .
1-::,,s,„'
ill'''-'\,?-,..:': _ ---
4*
L'''
1 3
o
t
e C
tom_Tir lt . 1 g g +Eii-
4'4"*;-„ . ,
r
rs
fl .{{
J ` lR vt
may
cn d3
r'-!? ,, air- t
6 .
cdW ,g
x
VD 0
N
V
7-,;,!v,ISN, , .; ---,.r.
c
t4.
4,/,--
e
c/
Y!? d f ,i, 5-?.* -
11-
t /7 ash,
c +:
1 l „,-,' - i
9.41.,,‘Tw. :,..-.
1,, ,-;
riekisio„...An7N4iNrte
4-4,:;,:-, `'
r` ,-.:
4,10
4.,
i6 ,
1 . 4
4
i+
r.,,-7,- ` z ! q " 'irk.., ` 9
rc.,
fir rr,'
v
f
is+
1}ry T.: a
ti 0,o
y, a
L
4 ''..
4..'-
til'
il.-rt' r7.1 ",',-.'
ill; 0 .-a a W
f .o-
Y B
In
1
4et
t
a°j d'
a
b
yW''ti in
yy s
Y.
1 1f 5CC¢loie r'',.,7' .„,
az
3
cu
h
c
o
x 1
I
i''. ;-
41 '
pi
i •. f,
ss
1 • J'
1
754;-, D
CO
t0
W
M Cad
x
5.2 Wildlife
The quality and quantity of vegetation on the Property is a key factor in the wildlife habitat
value determinations identified in Table 2 and displayed in Figure 5. While this study does
consider wildlife observations and attempts to characterize actual use by wildlife when
possible, it relies on current condition of plant communities,historic data,literature reviews,
and best professional judgment,to evaluate wildlife habitat value.Regionally native plant
communities associated with the sagebrush steppe ecosystems which resemble their potential
natural community(depicted in Figure 5 as satisfactory and good)provide better quality
habitat for regionally native wildlife than plant communities dominated by non-native
vegetation(depicted in Figure 5 as marginal and poor). The habitat classification study
indicates that the Property provides marginal habitat values for most native wildlife due to
the overall poor condition of the vegetation communities,lack of shrub cover,relative lack of
key forage and browse species,and presence of invasive vegetation.
A variety of wildlife species occur or have the potential to occur on the Property,including
big game species,upland game birds,raptors,passerines, small and big mammals,reptiles,
and amphibians. Several species in most of these wildlife categories were observed on the
Property or immediate vicinity during field visits including the ferruginous hawk, Swainson's
hawk, long-billed,curlew,burrowing owl,Piute ground squirrel,and mule deer. The
Property provides some winter range for big game,and the eastern portion of the area
proposed for regional open space on the Property(Figure 2)is mapped as critical mule deer
winter range by IDFG.However,shrub communities make up a small component of the
Property. This,combined with surrounding land uses(e.g., State Highways),may limit the
remainder of the Property's ability to provide big game winter range. Recent big game winter
surveys in northwest Ada County(ECS&WCR 2009)found few occurrences of big game
on the Property,with mule deer being the only species observed,and the surveys documented
that the vast majority of big game winter east of SH-55(Appendix A). The report for these
surveys concluded that the majority of mule deer observed west of SH-55 are resident
populations(ECS &WCR 2009),thus indicating that the Property is not a seasonal migration
corridor for deer.
Wildlife values on the Property have been limited in the recent past by repeated disturbances
from grazing,fire,and dispersed recreation.The Property now supports a different type of
habitat than it once did. Surrounding land use also affects wildlife species composition and
utilization of the Property.In general,regions east of SH-55 support better overall quality
habitat for a greater number of wildlife species due,in part,to higher levels of precipitation,
greater diversity of vegetative communities(habitats), the amount and connectivity of native
plant communities,the availability of water,and the limited amount of human disturbance.In
comparison, lands west of SH-55 generally support habitat of lower quality, fewer wildlife
species,and a lower number of animals(ECS&WCR 2009).
M3 Eagle
17HabitatMitigationPlan
January 2010
5.3 Special Status Species
Some plants and animals on the Property are rare throughout all or a portion of their ranges,
or depend on specific or declining habitats. This document refers to BLM special status
species because the Property lies adjacent to BLM administered public lands.BLM special
status species are(1)listed or proposed for listing under the ESA,or(2)require special
management consideration to promote their conservation and reduce the likelihood and need
for future listing under the ESA.BLM works with the IDFG to designate sensitive species in
the State of Idaho. The BLM and IDFG rank plants and animals according to their status
within the State:
Type 1 —Threatened,Endangered,Proposed,and Candidate Species listed under
the Endangered Species Act of 1973.
Type 2—Range-wide/globally imperiled: species that are experiencing
significant declines throughout their range with a high likelihood of being listed
in the foreseeable future due to their rarity and/or significant endangerment
factors.
Type 3—Regional/State imperiled:species that are experiencing significant
declines in population or habitat and are in danger of regional or local extinctions
in Idaho in the foreseeable future if factors contributing to their decline
continues.
Type 4—Peripheral: species that are generally rare in Idaho with the majority of
their breeding range largely outside the State.
Type 5—Watch list: these species are not considered BLM sensitive species and
associated sensitive species policy guidance does not apply.
The Endangered Species Act(ESA)is the primary legislation that affords federal legal
protections to threatened and endangered species nationwide. Under the ESA,species maybelistedaseitherendangeredorthreatened. "Endangered"means a species is in danger of
extinction throughout all or a significant portion of its range. "Threatened"means a species
is likely to become endangered within the foreseeable future. The Property,including the
HASC and adjacent lands in the North Eagle Foothills,contain occurrences of a plant
commonly referred to as slickspot peppergrass (Lepidium papilliferum),which is listed as
threatened under the ESA. The primary location of this plant on the Property is in the
southeast portion. However,ESA regulations for this plant do not apply to private lands and
removal of habitat or individual plants on private land incidental to development is not
prohibited. The Property does not contain occurrences or habitat for any threatened and
endangered species other than slickspot peppergrass. Refer to Table 5 for a list of the species
known or suspected to occur on the Property and identified by the State as species in need of
conservation within the region.
M3 Eagle
Habitat Mitigation Plan 18
January 2010
IIIRN
T.' = v)
VJ
3
p fir O
O h f Q4 0
fsl
1 00
N a aO
0 p O wy }. N f
I ti lb" 3
1 :
0
4.a V1 g N
Fr b ti
r
z p At p V
t`
1
0 0 E
Gv
Q 0 "8
t•E a .-,>.1 -.= 0 o f .1
w+
r
0
c.
y $
ago d E' y > a -.
tom, ,
O N O V y , O b d0 . O ti Odi O ,O y O w s b 'p'
cr
3 0
ea pi vs 0 chi .= es
k . i O p 3 p .. 4 t O b
ca O aQ 4e? O .0 O c.,, .0 O
6 4, 0.at Ca b 3i, y A y •..., I U O V 4. el
v,
o o
I. o •-CdO
a.
S 1 e a3 a oa cJ 'Sr 4 y ea
es 2 Ov ° T O y 0 .0[ ap e
ff
en y is il,; u e N v
f i., .G a
O
as
X 1a 4 a haw e ti .gyp j e 9.6Icayoap11 7
CU
Iwo c a o - a s eo as .b it.
p xc. A. x0het a ,_ x > ac r x .°_? .0 . a .sCam:
di
4`
y C
MI
cew -:-c c f a O a
1 : - i
1
I
0
ri E
es
4? s , a.N o' y a
e .°
C al
1
a C u
OS .,,,•*". L.: 5 * Ell a
roc
o '.
Q+p
a dp i
4O,
b b
Vy
y
y aw .aw
OD
a b a y buo g..0.'
11` w 3 3fEt o
1
0 y O o
y G
y 0
0000y 0 ; a 3 O y E 0
0
t:::?) >
o c .
Hof
S1r3 a 3 3 u 'a > °14
i RS >,
11
43 a ,a ,° .-
1 Is ' V x C v „
a 0 a _, a ai 0 ai
p
a c` °
n. y`_. +
rr' •.
p
V,.
Ica:
1 Q.El ° y ° a e d e a s
3
aL. ,
may.
S." p 04 L„ • a 4- 60
es
Gi +
Q L
0 `.
y .
a i+ >, k. z .° %J y Fy y L g J ta.
W V y N 0 J .O
L
i+
7J•
amoo, 1-- a° U 0 u o o 'tt p v 8 A v VV
X' a0 40 :4 I: co : fig I . za :a
a a4414 aF
I:0 y i a a 7 .E 3 ax x x .5
a !--71 a
uE 0 0 0
0 '
4' e ,may y„ A .E +.o
0
y 0., u
V 1.0o Q•a y
I.
C4 = .$ N a S u 0 cH
it§ 18
00) c
E as 5
q -
0 ( _ '°r`e-' M
V i °. 0
M m M M
q - G H H H- H
a I o e`
r..
cl
b No ii p •O C Q PP
4i-11-a
H W O
OD
O E q o
W
o
oo
CZ
k_ - O y '- 0 pOp NN
E o a o t d 0 a" o
rA I O h g . E
O O-w s n u bow
b O g o ti 0
i 42 pp
ca
W7ObOy
w yr.; p ti
JIr. O y
CO^" I hI4" O 0- F esO
O O O O a 20 wF,r.
N
y' y Q O O 0yw
O y O
aa
a d v
p
O a . O . b asaigoq
y, 4 aa) v a'
i w v z u O
o
O E Deled > ca w°
eJ u > .u
u 3o . u
W
a$ .
ssy Ooo Oao by Oo .7 O
c 1I +s of V -a -• o ,V o 'I w" ,
ateyyp
Xi
0waO0wd°a' >a a ; o o o p °° i,
r. di u
L
O p 0 bvti
iOiO. .
O p
p
O O
k--
4 t 4
b
04 o. Oa "
ro : ,, o E c w co.3 w
o r o .
F f:, S t
o j' .
2 5 ,5 o v
v [ ' V'
on or,
cn
3 . o r
o. , A O 0 01 0
a
z o V 0 o
A 4
N.
00
a as O M
111 5
0 N O
g Nr
r
c co c°
u
b I 3
a a 3 0 >
0 a
any „emu
CI CA WI
t ,
09
4' 4 8 a0 ,S '-a a
0 s ul +ca C) r.+ CYO O
7 o 4 0 , U
p `" ' `n a .1 vi V .. b II '
p0.
as ` '"`, t >'' -a
I.
w HU183elG
e+f 1 j
F
4 w a Id• 4 N rX1a ° vs p 0 a
C a E-+ A ° :baJ - x y . v W .
0 ,d y•v O . 4.
O '` =I i; .• 0 C/ as ya
3yoQf1 :J C4 N.,
dA i.j j A" 6 :a 1 II w A6I
a
cb 04 OO
5E. NOkVtC401: ". .i air
F
y
0 44-i
3 0 006f
4 a N 14 'b N '1 lel
a
di
l
Eli A
a , . is Ws >@,
2 rA,1 . ,... ,
74 g
0
co
8 to7'r t O N
II
M p r^. cd
F 0 sy Q Ocn E-, E 1" (.) 4
M
6.0 IMPACT ANALYSIS
This section includes a comprehensive overview of impacts that could potentially occur in
the HASC without mitigation.While some of these impacts will apply more than others,
many will be reduced or mitigated for through the actions described in Section 7.
Activities and land use patterns in the HASC,and to some extent in the remainder of the
Project,are the agents of change for this analysis.For each change agent the impact analysis
considers impact magnitude,area,and duration within the HASC. Basic ecological
relationships and known information about the ecosystem in the HASC and surrounding
areas provide the foundation of this impact analysis.The potential impacts are evaluated
using the best available information about these ecosystems. Table 6 summarizes the
potential impacts to habitat and wildlife in the HASC from the Project.The bullet statements
below expand on the information presented in Table 6.
Table 6. Summary of Impacts to Habitat and Wildlife in the HASC
CAti . J i
c1r`
11 f ,t.1i1'I"°4 I ; ! +f ::::Ni TD--1--°K}Conversion of Construction;Planned Permanent Habitat Loss or AllOpenSpaceCommunityAlteration;Fragmentation
term
Noise Construction; Area Avoidance; Wildlife
Recreation;Planned Disturbance and Potential Avian and Big(
Primarily
Long-termCommunityIncreasedWinterMortalityGamespecies)
of Big Game Species
Increased Traffic Construction Activity; Elevated Potential for Wildlife
Residents and visitors Road Kill Long-term
Increased Residents of Harassment and Stress; AllRecreationCommunity;Visitors Habitat Fragmentation; Long-teenty
Area Avoidance
Pets Community Residents Predation;Harassment; Wildlife(Avian;Big Short-term&and Visitors Area Avoidance Game;and Long-term
Introduction of Construction;Planned Habitat Degradation
Am.hibian
Invasive and Community;
gradation All Long-term
Noxious S. ies Recreation
Wildland Fire Construction; Reduction in fire size;All Long-termRisksRecreation;Possible increase in
Planned Communi i 'lions.
Nuisance Wildlife Human-Wildlife Mortality;Relocation Wildlife
Interactions Long-term
Species Habitat Conversion Elevated Concentrations in WildlifeDisplacement Long-term
Habitats;
Potential for Disease
S'read
Fences and Residential and Decreased Mobility Big Game and Lo ternFragmentationCommercialInjury/Mortality; Raptors
Construction
M3 Eagle
Habitat Mitigation Plan 23
January 2010
Table 6. Summary of Impacts to Habitat and Wildlife in the HASC
Changes in Habitat Alteration Species Alteration; All Long-termWildlifeDisplacement;PredationCommunity
Structure
Sensitive Species Habitat Conversion; Habitat Loss and Aase's Onion;Long-termImpactsDisturbanceDegradation. Slickspot
Peppergrass;
Burrowing Owl;
All: Includes Plant and Wildlife Populations
Lon -Billed Curlew
Conversion of Natural Open Space and Habitat Loss—Removing existing
vegetation and resurfacing will reduce wildlife habitat over the long-term.
Noise—Localized impacts to wildlife species within and adjacent to the HASC
could result from construction and residential noise.
Traffic—Projected increases in traffic could result in increased road kill rates
Case 1978;Oxley et al. 1974).
Recreation—The primary impacts of recreation on wildlife would be harassment
and stress. Harassment could lead to avoidance of areas by wildlife.
Pets—Domestic pets will increase wildlife harassment and could cause predation.
Outdoor feeding areas could encourage wildlife-human interactions.
Invasive Plant and Noxious Weed Species—There could be an initial increase in
weeds during construction phase due to the increase in surface disturbance and
vectors.
Wildland Fire—The Project could reduce the size,frequency,and intensity of
wildland fires in the area due to the alteration of surface fuels over the long-term.
Nuisance Wildlife in the Community—Some wildlife species will be attracted to
features of the Project creating interaction problems with residents.
M3 Eagle
Habitat Mitigation Plan
January 201010
Species Displacement—The Project could displace some wildlife species not
tolerant of land use changes there. Displaced animals could increase competitionforlimitedresourceselsewhere.
Artificial Light—Artificial light will increase as a result of streetlights,traffic,
and residential lights and will affect wildlife in different ways, such as
disorienting them and affecting foraging and reproductive behavior.
Fences and Fragmentation—Fences present barriers to the movement for many
terrestrial wildlife. The fragmentation of habitats that would result from cultural
modifications to the landscape such as fences,roads,and urban encroachment
could displace wildlife to other areas.
Changes in Wildlife Community Structure—Some wildlife species will increase
following development. These species will be drawn to new wetland habitats,
landscaping,or other features of the community. Other upland species less
tolerant of human interaction will decline due to habitat alteration.
Sensitive Species Impacts—The Project could have the following impacts to
special status wildlife and plant species.Note,however,there are no regulations
prohibiting habitat modification or incidental take of the following species on
privately-owned property.
o There could be direct mortality of slickspot peppergrass and Aase's onion
occurrences and there would be a minor reduction in habitat for both these
species. The primary location of these plant species on the Property is in the
southeast portion,of which the majority will be preserved as regional open
space.
o There would be a minor reduction in potential Woodhouse's toad breedinghabitatontheProperty.
o There would be a minor reduction in potential foraging areas available for
prairie falcon and Swainson's hawk on and adjacent to the Property.o There would be a minor reduction in potential breeding areas for Brewer's
sparrow on the Property.
o There could be direct mortality of Piute ground squirrel and a minor reduction
in ground squirrel habitat on the Property.
o There would be a minor reduction in potential long-billed curlew nestinghabitatontheProperty.
o There would be a minor reduction in burrowing owl nesting habitat on the
Property.
M3 Eagle
Habitat Mitigation Plan
January 201010
7.0 HABITAT MITIGATION PLAN
This section provides the framework for achieving the goals and objectives identified in
Section 3.3 and meets the requirements of the PADA by providing a habitat mitigation planspecifictotheHASC.
7.1 Achieving Open Space Goals
The M3 Eagle PADA requires a minimum of 20 percent open space(approximately 1,200
acres)within the Project,however,the open space goal for the Project is 40 percent
approximately 2,400 acres).M3 can achieve this goal by implementing its Master Plan that
creates a variety of open space types and preserves important habitat areas in large blocks.
The majority of open space areas in the Project will be natural open space of a regional
nature.Furthermore,many of the open spaces,including parks,golf courses,and
conservation areas,will be positioned strategically to incorporate valuable habitat and
provide contiguity and connection with open space.The M3 Eagle Conceptual Master Open
Space Plan(Figure 3)displays the types and locations of open space areas planned for the
Project. Table 7 quantifies the open space areas shown in Figure 3.
Table 7. Types and Amounts of Open Space in the Project*
Natural Open Space 14._ v `=
600 860 1,460Vineyards10100110Manufactured/Vegetated Slopes 30 300 330ParksandGolfCourse10400410ManufacturedRiparianZone103040Lakes153550
Note Acreage calculations are based on the M3 Eagle Conceptual Master Open Space Plan and are subjecttochangewithintheconstraintsrequiredbythePADA(Figure 3)
7.2 Avoiding Impacts to the HASC
Avoidance of impacts to the HASC is the primary objective for this HMP.Approximately600acres (51 percent)of the HASC will be undeveloped and preserved as natural open space
through land exchange with the BLM,open space donation to the City,conservation
easements,and/or deed or covenant restrictions(Figure 3). Avoidance of these areas will
help conserve some of best plant and wildlife habitat values within the HASC and on thePropertyincluding:
M3 Eagle
Habitat Mitigation Plan 26
January 2010
Relatively diverse native plant communities;
The only occurrence of riparian habitat on the Property;
Known occurrences of slickspot peppergrass and Aase's onion;
Areas of abundant mule deer use(IDFG 2007;ECS&WCR 2009);
A diversity of upland game birds,raptors,and other migratory birds.
Preserving approximately 480 acres on either side of Willow Creek Road would provide a
large,continuous block of natural open space away from the core of the community and
would establish a permanent link between separated parcels of BLM lands as well as
connectivity to adjacent private lands to meet the needs of existing wildlife.An additional
120 acres of the HASC will be preserved through the use of building envelopes(Section7.3.1).
7.3 Minimizing Impacts to the HASC
The secondary objective of the HMP is to minimize unavoidable adverse impacts.M3
estimates that development will occur on approximately 560 acres(48 percent)of the HASC
Figure 3)and will consist primarily of housing at various densities along with some
commercial,recreation,community facilities, vineyards,and ponds with constructed
wetlands.Minimizing impacts of development to wildlife and vegetation in the HASC
involves an interplay of low density development,deed restricted building envelopes,
recreation management,and sensitive construction procedures.
7.3.1 Low Density Development and Building Envelopes
Developing large lot,low density housing in the HASC provides opportunities to utilize
building envelopes to preserve natural open space areas. Deed restrictions on low-densityhousing(e.g.,2+acre parcels)will retain natural open space outside of a specific buildingenvelopeforthehome, ancillary buildings,driveways,outdoor living areas and landscaping.Construction would only occur within this envelope and the remainder of each lot would
remain in a natural state or enhanced with native or other appropriate plants,as identified in
the M3 Eagle Design Guidelines,which are favorable to wildlife for cover or food.Fencingmaybeallowedoutsideofbuildingenvelopes,but would be wildlife friendly. Building
envelopes would be spaced to allow wildlife movement through the HASC and minimize
fragmentation of habitats associated with adjacent BLM parcels. Spacing between buildingenvelopesinlowdensitydevelopmentareasoftheHASCwouldbevariablebutwould
average approximately 480 ft. wide. In addition,buildings would have a minimum setback of100feetfromBLMadministeredpublicland.
M3 Eagle
Habitat Mitigation Plan 27
January 2010
7.3.2 Recreation Management Plan
The following recreation management plan will minimize potential impacts to wildlife in the
regional open space preservation areas of the Project,which include the HASC on both sidesofWillowCreekRoad(Figure 2). The goal of this plan is to provide public access and use
compatible with the protection and enhancement of wildlife and wildlife habitat. Recreationthatisnotcompatiblewithcriticalwildlifeandnativeplantobjectiveswillberestrictedin
open space areas. The following recreation management actions will be employed in the
natural open space areas designated for the proposed Eagle Regional Park to achieve therecreationmanagementplangoal:
The areas will be restricted to non-motorized recreation use only. Off-road
vehicle recreation will be prohibited.
Trails will be routed or re-routed to avoid special status plant populations.
Trail design will minimize unnecessary cherry stem patterns by promoting astackedlooptrailsystem.
Trails may be closed seasonally to minimize potential conflicts with winteringbiggame. Timing of closures would be dependent on winter severity and would
coincide with IDFG trail closure across the Boise Front.
Trail heads would be posted with erosion hazard advisories when soils are wet.
Dogs will be leashed to reduce wildlife harassment,unless otherwise identified in
the recreation management plan.
Livestock grazing will be controlled through the covenants conditions and
restrictions, as described in the recreation plans and covenants. This area will
continue to be grazed as part of the ranching of the Project during build out.
Prescribed burns could be used as deemed necessary or beneficial to improve
wildlife habitat or reduce fuel loads and risk of wildfire.
7.33 Construction Procedures
M3 and its contractors will employ the following procedures to minimize adverse effects onwildlifehabitatduringconstruction:
Construction equipment and materials will be stored at the construction site or at a limited
number of specified locations to minimize surface disturbance.All equipment used for off-
road construction and grading would be cleaned of soil and debris prior to accessing each sitetoinhibittheintroductionofnoxiousweeds. The cleaning process would utilize pressurized
water, steam, or air to clean tracks or other parts of equipment that could trap soil and debris.
M3 Eagle
Habitat Mitigation Plan
January 201010
Soils exposed by construction activities will be revegetated within 1 year followingcompletionofconstructionwithinthatarea,using regional native or other desirable plantspeciesfavorabletoregionalwildlifeorthatmimicthestructureandfunctionalityofregionalnativeplants. Seed applications would occur in late fall whenever possible to promote greatersuccess. Only certified noxious weed free seed and fill material will be used. Subsequent tothebroadcastapplication,the ground would be lightly raked to cover the seeds with soilunlesshydroseedingtechniquesincludeaweedfreemulchapplication. Topsoil stock pileswillbetreatedevery3yearsforweeds.Erosion control measures would be employed inareaswithhigherosionpotential. Techniques would include covers and barriers such as
straw, straw bales,silt fences,coir rolls,geo-textile grids and fabrics or similar treatments.
All federal, state,and county laws, ordinances,rules,and regulations that pertain to
prevention and suppression of fires shall be adhered to during construction.Parties causingfires,such as contractors,will be responsible for fires started by project related construction
operations.Following an accidental fire,the responsible party or landowner if the responsiblepartyisnotfound,will re-seed or plant the burned area within 1 year with native or desirableplantspecies. Specific construction related activities will be employed to minimize theignitionandspreadofprojectrelatedfires. The following measures will be employed duringconstruction:
All gas powered equipment will be fitted with spark arrestors.
Motor vehicles will stay on existing roads and will be parked in areas free ofvegetation.
Construction crews will maintain an easily accessible cache of fire suppression
equipment including a minimum of five shovels,two backpack pumps withwater,and one fire extinguisher.
M3 or its contractor will notify the BLM when a project related fire occurs in or
adjacent to the construction area. The following fire emergency notification
contact information will be distributed to all employees and contractors workingonsite:
o Boise Interagency Dispatch Center—(208)384-3400
o Emergency Response—911
7.4 Mitigation
Development will occur on approximately 560 acres(48 percent)of the HASC. The HASCintheSouthwestern,Big Gulch and Northern Planning
the sagebrush stand may be removed. Some of eHASC the Southern Planning Areaalsobedevelopedordisturbed.Impacts that cannot be avoided or minimized will be
M3 Eagle
Habitat Mitigation Plan 29
January 2010
mitigated.Mitigation of impacts that occur in the HASC will involve an array of actions asdescribedbelow.
7.4.1 Establishing Wildlife Movement Corridors
Open space areas in the Project plan are positioned to provide connectivity with regionalopenspaceandadjacentpubliclandspermittingwildlifemovementcorridorsthroughout thecommunity(Figure 6). The Willow Creek Road
corridor that will provide a link for wildlife traveling between the HASC an
opene
such a
space,and BLM administered public lands.
regional°
Culverts will be placed, where practicable,where movement corridors cross roads to providepermeabilityforsmallmammalssuchasrodents,coyotes,squirrels,fox,and badgers.Archedculvertswithnaturalbottomswillbeusedinplaceofcorrugatedpipestoprovidesafe
wildlife road crossings at Little Gulch and Big Gulch roadway crossings within the HASC. Inareaswherebiggamecrossingsarelikely,traffic control measures,such as signage andspeedbumpswouldbeincorporatedintoroaddesignstocontrolorreducespeedingandpotentialcollisionswithwildlife.Movement corridors will incorporate plantings along theirmarginsforscreeningtopromotewildlifeutilization.Maintenance will exclude the use of
pesticides and fertilizers. Dead vegetation will be promptly replaced with seedlings. SpacingbetweenbuildingenvelopesinlowdensitydevelopmentareasoftheHASCwouldrangefrom100-feet to 800-feet wide to provide for wildlife movement although this width will bevariable(Figure 7).
M3 Eagle
Habitat Mitigation Plan 30
January 2010
M O
ON
tin ctird
0 c N O
CC
g U 67aoZUZ
re
U L c
U N le
O
x o O
U < a F °ao
1Db
S m m a c
9 g '' ,,, Z Y Lit- i M 1 jill!
RI i
r..,,icl. m k
16\1 41146146,
14ttX1Cti\-14:
TA
i ii y --,gib koli D a-
alt 1---.A`; -:e4 ZO cn
CLLLJ
L
ia
el.
E
tu
elk
Nato
ret
q-..,..-N.N't.r ....,.. 1:44.4.V.t, a
1 a
NV
AI
k 00
LI w •
rre)
6
r
ljil_
1
f `7
tip-./ Q-
s^
ppJ1!jt\
1 M
1
WILDLIFE MOVEMENT CORRIDOR PROTOTYPE s
Ni!f
a
S a, f
e
f h
77..r ,
1111
i 9
s"
6 i !"` I I WILDLIFE MOVEMENT CORRIDOR PROTOTYPE '
b, .' 4 7: ,!. ..1.7"--3-r'-,$
7:•.: +.
Slit
rt
s' } ,
t
wo
5
rlf.1S1"
F_<
ti
4
F u'
b
ji.111ii
QTa
1.1-;:.'
47444::::,,,,T
s pe ffi ;
L' r!
y ,`i
7: : '-'°
r .p
t_...
iYL
a I
9
J„..,.....,,, , ...,_.,_
lir- ' ;,./,,-
7-
i;^
1.. A-...- ..7:::, ,:,.....,........,, ,„,,,,,,,,-- . :
i.,-,;.,
r
j-'a. k..
hf'
P .
9
It
iEt.,,,...,,,..,,„‘. ,„„,,,........,...„..,-.„- ,..,
qk
4,„:„... ..
r a4 s
0r64' `
i
r
liz
r
O
0pOR
I°
ENte.
a U
x.
fit
b Lr..<.n4 cC f.
Figure 7. Low Density Development in Southern Planning Area
M3 Eagle 32
January 2010HabitatMitigationPlan
7.4.2 Fencing
Fence designs and locations will accomplish different objectives within the Project. Fence
designs within medium to high density development areas or along major road corridors will
exclude wildlife from potential hazard areas. Fence design in certain HASC areas and road
crossing areas will allow ease of wildlife passage.
Fencing meant to exclude wildlife from yards or building envelopes in residential areas will
be at least 6 feet high and will be constructed of a highly visible material(e.g.wood,metal or
block)to prevent deer from jumping into yards from which they cannot escape.Fence
bottoms will be in contact with the ground to prevent young deer from getting caught while
attempting to pass beneath.Fences in such areas will also either be solid or open with vertical
spacing narrow enough to prevent big game from getting their heads caught between
members. The top level of residential fencing will be free of protruding objects that could
impale crossing wildlife. Chain link fences(except for dog runs in enclosed backyards)will
not be permitted.
Fencing along regional,community,natural open space areas,and along wildlife corridors
within low density residential areas of the Project will be strategically located or be wildlife
friendly to prevent unnecessary barriers to wildlife movement. The priority for wildlife
friendly fencing in open areas is easy passage and low risk of injury or death.Fences that
accommodate wildlife passage will be no higher than 40 inches and will be avoided on slopes
greater than 25 percent. Fences with horizontal rails or wires will provide spacing of at least
12 inches between the top two cross members and 18 inches between the lower cross
member and the ground. The top level will not have any protruding objects or rails that could
potentially impale crossing wildlife(Figure 8).
Fencing along travel corridors will be designed to funnel wildlife towards designated road
crossing areas where fence and road designs can be modified to reduce safety hazards and
maintain wildlife permeability. Previous wildlife studies in the area indicate that wildlife
crossings along Willow Creek Road at Big Gulch and Little Gulch could be effective
locations(ECS&WCR 2009). At these locations,M3 will install fence modifications
Figure 8)and traffic control measures including but not limited to arched culverts,grade
separations,speed reduction features(e.g.,bumps,dips,round-abouts),and signage designed
to reduce traffic speed. The combination of wildlife friendly fencing and speed reduction
techniques will minimize wildlife collisions. Grade separated crossings are also planned
along Linder and Hartley Roads. Refer to Figure 8 for representative drawings of the
wildlife-suitable fencing that would be installed.
M3 Eagle 33
Habitat Mitigation Plan January 2010
I
M r -
Aa Gates
WrAl
11M.011111111111--k
Modification Allowing Nearly Free Movement
wnw. aws lYCar,
aiMswpaL
soma • I` j
4/1"petered
lii
Figure 8. Wildlife Crossing Fence Designs(CDOW 2005&Paige 2008)
7.4.3 Revegetating Manufactured Slopes
Grading Guidelines and Hillside Development Standards for the Project have been approved
by the City. The standards emphasize the use of plants native to the region.Designated
manufactured slopes within the community(Figure 3)will be planted and seeded with
grasses,forbs,and shrubs native to the region or otherwise favorable to regional native
wildlife. Revegetation will be done on a phase-by-phase basis to establish native or favorable
vegetation in areas that have been affected by construction. Revegetation may also occur in
regional open space areas affected by fire or otherwise degraded,or to stabilize soil.
Revegetation success objectives may be based on the habitat quality descriptors defined in
Table 2,or be deemed successful when the area supports a visually apparent mixture of the
three structural groups appropriate for the region(i.e.,shrubs,grasses,and herbs)are
established on the site.Installed species that are not regionally native will be either favorable
to wildlife or will mimic the structure and functionality of regional natives.All revegetated
areas will be fully established within five growing seasons.
M3 Eagle 34
Habitat Mitigation Plan January 2010
The following guidelines have been identified by land management specialists when
restoring native vegetation in the uplands of sagebrush and grassland ecosystems(Monsen et
al. 2004). These guidelines will be observed during all upland revegetation projects:
1. The proposed changes for the plant community must be needed to obtain
ecological function.
2. The terrain and soil will support the desired changes.Topsoil will be
stockpiled for use in revegetation.
3. Permanent or temporary irrigation will be applied if precipitation is not
adequate to assure establishment and survival of planted species.
4. Competition will be controlled to ensure that planted species can
establish and persist.
5. Plant and manage site-adapted species,subspecies,and varieties.
6. A multispecies seed mixture will be planted.
7. Sufficient seed of acceptable purity and viability will be planted.
8. Seed will be planted on a well-prepared seed bed and covered properly.
9. Plant during the season that provides the most favorable conditions for
establishment. This will generally be in the autumn months.
10. Newly seeded areas will be managed properly to avoid disturbance until
vegetation becomes established.
Revegetation could include any combination of the following tools:
Temporary soil stabilization techniques would be employed to prevent soil erosion
where soil displacement and sedimentation is likely.Techniques would include
covers and barriers.
o Straw,straw bales, silt fences,coir rolls,geo-textile grids and fabrics or
similar treatments. Only certified noxious weed free straw would be
employed.
Controlling undesirable plants&preparing the seedbed
o Chemical control(i.e.,herbicide)
o Biological control agents(e.g.,livestock,insects,fungi)
o Mechanical control(e.g.,mowing,disking,chaining)
o Cultural/prescribed burns
M3 Eagle 35
Habitat Mitigation Plan January 2010
Seedings
o Hydro Seed
o Drill Seed
o Broadcast Seed
o Aerial Seed
Plantings
o Hand Planting
o Mechanical Planting
Native plant propagation
o Nursery space
o Seed gather
o Salvage
Irrigation
o Drip Lines
o Sprinkler Systems
7.4.4 Establishing Wetland and Riparian Habitat Areas
The Project is planned to contain approximately 50 acres of lakes,ponds,and drainage
features(Figure 3 and Table 7,Lakes). Some of these features will support native riparian
vegetation and function as wetlands.An additional 40 acres of riparian habitat will be
manufactured(Figure 3 and Table 7,Riparian Zones).The existing Big Gulch drainage way
will be improved as a 6-mile regional park,trail,and open space corridor stretching from one
end of the community to the other and with riparian areas 40 to 100 feet wide(Appendix B,
Figure B-2). Wetland and riparian area construction within the Project will increase habitat
available for wildlife in the HASC and throughout the remainder of the Property.
Wetlands are among the most important habitats for birds, supporting a large number of
species and individuals,including many high priority species(Idaho Partners in Flight 2000).
The ponds and Big Gulch corridor will mimic the seasonal hydrology of non-riverine
wetlands and will be planted with native emergent and woody vegetation creating wetland
habitats similar to those occurring naturally throughout southern Idaho. Emergent wetland
plants and native woody shrubs will provide excellent cover, food,and nesting habitat for a
variety of wildlife accustomed to human activities.Wetland construction in the Project will
help meet the objective of the Bird Conservation Plan for Non-Riverine Wetlands in Idaho
Idaho Partners in Flight 2000),which calls for"...a net increase in the number of acres of
wetlands in Idaho,focusing on the same types and amounts that historically occurred here",
and Idaho's Comprehensive Wildlife Strategy(IDFG 2005)which identifies wetland
construction as a high priority(page 65). Refer to Appendix B for details on the Wetland
M3 Eagle 36
Habitat Mitigation Plan January 2010
Construction Concept Plan.Wetlands in the Project could benefit a host of wildlife species
including:
Waterfowl& Shorebirds—Several of the following species are known to utilize
marsh wetlands in Southern Idaho for breeding habitat(Idaho Partners in Flight
2000):
western grebe Canada goose
white-faced ibis wood duck
cinnamon teal gadwall
redhead American wigeon
killdeer mallard
black-necked stilt blue-winged teal
American avocet northern shoveler
pied-billed grebe northern pintail
eared grebe green-winged teal
western grebe lesser scaup
Clark's grebe common merganser
American bittern ruddy duck
great blue heron Virginia rail
great egret sora
snowy egret American coot
cattle egret killdeer
black-crowned night heron common snipe
American avocet Wilson's phalarope
spotted sandpiper ring-billed gull
upland sandpiper California gull
Songbirds&Perching Birds—Several of the following species are known to
utilize wetlands for breeding in Southern Idaho(Idaho Partners in Flight 2000):
rough-winged swallow hairy woodpecker
tree swallow willow flycatcher
barn swallow black-billed magpie
common yellowthroat American crow
yellow-breasted chat black-capped chickadee
savannah sparrow red-breasted nuthatch
song sparrow house wren
red-winged blackbird marsh wren
yellow-headed blackbird ruby-crowned kinglet
brown-headed cowbird American robin
M3 Eagle 37
Habitat Mitigation Plan January 2010
black-chinned hummingbird yellow warbler
calliope hummingbird bobolink
downy woodpecker American goldfinch
Upland Game Birds
ring-necked Pheasant mountain quail
California quail
Raptors
northern harrier great horned owl
short-eared owl American kestrel
barn owl
Amphibians
western toad Pacific chorus frog
Woodhouse's toad Great Basin spadefoot
Reptiles
rubber boa garter snake
racer
Mammals
Yuma myotis northern pocket gopher
western pipistrelle muskrat
brown bat raccoon
pallid bat
7.4.5 Preventing Noxious Weeds
The term Noxious is a legal designation given by the Director of the Idaho State Department
of Agriculture to any plant having the potential to cause injury to public health,crops,
livestock,land or other property(Idaho Statute 22-2402). Similarly,invasive plants are alien
or native species whose proliferation is likely to cause economic or environmental harm or
impact human health(Executive Order 13112).Noxious weeds and invasive plants are highly
competitive and persistent,germinate under a wide variety of conditions,and often establish
on disturbed ground.
Nine noxious weed species have been documented on BLM administered lands within Ada
County from 1996 to 2004(Table 8). Of these,rush skeletonweed(Chondrilla juncea)and
M3 Eagle 38
Habitat Mitigation Plan January 2010
whitetop(Cardaria draba)are known to occur on the Property.A tenth noxious weed,yellow
star thistle(Centaurea solstitialis),has recently been identified on the Property,but does not
occur on adjacent BLM administered lands.
Table 8. Noxious Weed Occurrences on BLM Administered Public Land in Ada
Coun
Canada Thistle Cirsium arvense 12 Well Established
Diffuse Knapweed Centaurea diffusa 2 Small Localized Populations
Field Bindweed Convolvulus arvensis 2 Well Established
Perennial Pepperweed Lepidium latifolium 7 Localized Populations
Purple Loofestrife Lythrum salicaria 7 Small Localized Populations
Rush Skeletonweed Chondrilla juncea 30 Well Established
Scotch Thistle Onopordum acanthium 14 Localized Populations
Spotted Knapweed Cetaurea maculosa 2 Small Localized Populations
Whitetop Cardaria draba 45 Well Established
Note: Data from US Bureau of Land Management 1996 through 2004.
Noxious weed abatement will minimize the potential for noxious weed establishment and
spread along the proposed right-of-way corridors during all three phases of the Project
including 1)Construction,2)Reclamation,and 3)Operation.
The Noxious Weed Abatement Plan includes the following weed control measures:
Construction equipment and materials will be stored at the construction site or at a
limited number of specified locations on adjacent private lands to minimize
surface disturbance and spread of weed seed.All equipment used for off-road
construction and grading would be cleaned of soil and debris prior to accessing
the Project o inhibit the introduction of noxious weeds. The cleaning process
would utilize pressurized water,steam,or air to clean tracks or other parts of
equipment that could trap soil and debris.Washing equipment prior to entering
the Project would minimize the potential for transporting weeds.Equipment
traveling only on established roads would not be required to be cleaned.Topsoil
staging areas will be covered and/or treated with herbicides to prevent the
establishment or spread of noxious weeds.
Soils exposed by construction activities will be revegetated within 1 year of
construction using native or desirable plant species and in accordance with the M3
Eagle Grading Guidelines and Hillside Development Standards. Seed applications
M3 Eagle 39
Habitat Mitigation Plan January 2010
would occur in late fall whenever possible to promote greater success. Only
certified noxious weed free seed and fill material will be used. Subsequent to the
broadcast application,the ground would be lightly raked to cover the seeds with
soil unless hydroseeding techniques include a weed free mulch application.
Topsoil piles will be treated for weeds every 3 years.
Populations of noxious weeds will be treated using any combination of methods
including but not limited to annual mowing or herbicide application.If herbicides
are used,M3 shall comply with all applicable Federal and State laws and
regulations.Herbicides shall be used only in accordance with their registered uses
within and within their limitations.Applicator(s)shall hold a current State of
Idaho applicator's license or be under the direct supervision of a licensed
applicator.M3 may utilize the services of a qualified contractor to perform the
weed control. Subsequent Planning Unit Habitat Mitigation Plans will establish
weed management zones.All portions of the Project will be placed into one of
four noxious weed management zones by full build out:
o Zone 1 -Potential New Invaders Identified: There are no known infestations
of the specific noxious weed in this designated zone and the target species will
be treated as a potential new invader. Emphasis will be placed on an
education,awareness,identification,recognition and monitoring program to
prevent introduction.
o Zone 2-New Invaders Exist:These are very limited infestations of specific
noxious weeds in this zone and the target species will be treated as a new
invader.Emphasis will be placed on a community-wide eradication and
extensive monitoring program.
o Zone 3 -Widespread but Limited Infestations Exist: The infestations of the
specific noxious weed in this designated zone will be treated as small enough
that reducing the stand or the vigor of the infestation is achievable.Emphasis
will be placed on area-wide control with the ultimate goal as being
eradication.
o Zone 4-Established Infestations: The infestation of the specific noxious weed
in this designated zone will be treated as being so well established that
eradication is impractical and uneconomical.Various treatment alteratives
will be utilized to control and contain the target species. Specific sites or
rights-of-way will be designated within this zone for receiving special
M3 Eagle 40
Habitat Mitigation Plan January 2010
treatment considerations.Emphasis will be placed on Integrated Pest
Management,resident education,and participation.
7.4.6 Minimizing the Effects of Fire
In addition to the construction precautions outlined in Section 7.3.3,The Project will meet or
exceed the following Firewise Community/USA program standards and the International
Urban-Wildland Interface Code requirements for ignition resistant construction,landscaped
areas,and emergency accessibility.Cedar shake rooftops will be prohibited by M3 Eagle
Covenants,Codes,and Restrictions.Rooftops will be constructed of ignition resistant Class
A materials. Shrubs and trees in natural open space areas and along revegetated slopes will
be spaced to inhibit the spread of fire through the vegetation canopy.Firewise landscaping
will be emphasized throughout the community.Landscape concepts and plant palates will be
shown on the Planning Unit Master Plans. Firewise vegetation areas will display the
following characteristics:
Relatively high moisture content in their leaves;
Little or no seasonal accumulation of dead vegetation;
Low volume of total vegetation;
Open and loose branching habit;
Slow growing.
The Project will contain a central pressurized water system with fire hydrants along
roadways.Ingress and egress will be wide enough to accommodate emergency response
vehicles. Roads will be wide enough to accommodate two-way traffic or will have turnouts
available.Excessively steep roads(>12 percent)with sharp curves will be avoided. Bridges
along access roads will be strong enough to support fire equipment and water tankers(34,000
pounds minimum)with signs clearly visible to identify designed weight capacity. Cul-de-sac
roads(excluding private drives), if present,will contain a minimum 50-foot turnaround
radius.
7.4.7 Preservation of Regional Open Space Outside of the HASC
In accordance with the PADA,M3 has proposed a land exchange with BLM,whereby a 320-
acre parcel at the eastern end of its property(along with the 480 acres of preserved lands
within the HASC within the Project's Southern Planning Area)would be exchanged for some
of BLM's existing lands in the vicinity of Highway 16(Figure 9). If the exchange is
successful,M3 will be required to equalize land values between its private land and the
BLM's land. It may be necessary for M3 to contribute additional land to equalize the values
to satisfy PADA Section 2.6(d). The approximate area from which additional land would be
M3 Eagle 41
Habitat Mitigation Plan January 2010
contributed is shown on Figure 9 as"Approximate area of additional M3 exchange land".
The additional land would meet the requirements of the PADA and simultaneously benefit
wildlife and recreation in the region. The additional land would serve as mitigation for the
development of those BLM exchange lands indentified in Figure 9. If the exchange is not
successful, in accordance with PADA Section 2.6 (c)&(d),the 800 acres will be donated to
the City as part the City's proposed Eagle Regional Park. In either case, the land will be
preserved as regional open space by stipulations in the exchange,a conservation easement,
deed or covenant restriction,or other appropriate restrictions,as described in the PADA.
Regardless of how the land is preserved, it is considered as part of the Project's open space
total. This parcel contains several areas of good and satisfactory habitat(Figure 5)and two
known species of special status plants. This parcel abuts BLM land and will add to the
continuity of natural open space for wildlife in the foothills. It will be combined with the 480
acres of preserved HASC lands in the Southern Planning Area and 1,915 acres of BLM lands
to the south to form the proposed Eagle Regional Park totaling 2,715 acres. In addition,M3
will set aside 80 acres of land along Willow Creek Road for a regional open space and trail
corridor.
BLAI tad
Ifa Acres
M3 Eagle
BLM Land
815 Acres
M3 Land
800 Aaet
Addniom.M3Lndl
Acreage TBD \+}
BLM Land
ELM Land
M3 Exchange Land
Potential BLM Exchange Land
Approximate location of additional
M3 land(number or
contiguous acres to be determined
x r.
by ELM appraisal)
Figure 9. Potential Exchange Land
M3 Eagle 42
Habitat Mitigation Plan January 2010
7.5 HMP Implementation
The HMP will be implemented in phases in conjunction with the development of each
Planning Unit that contains HASC and in accordance with the PADA.Funding for
implementation of this HMP will be established prior to,or along with submittal of the first
Planning Unit Master Plan(PUMP).Design specifics such as location and extent of
manufactured slopes,wetlands,location of drainage,and acreage of revegetation areas will
be included in each PUMP.The PUMP will also include a restoration plan and a list of
regional native species for use in revegetation of manufactured slopes.
73.1 Funding Options for Continued Open Space Management
M3 acknowledges the significance of creating regional open space in the foothills and will
cooperate with the City of Eagle to establish an ongoing funding mechanism for regional
open space maintenance and operations associated with the Project.Notwithstanding the
foregoing,some of these funds may be used for habitat management in other regional open
space areas subject to approval from M3.Mitigation funds may also be used for restoration,
acquisition,recreation, education,and/or trail development.The funding mechanism will be
established concurrently with the first phase of development.The following options for
funding will be considered:
1. A fixed percentage deed transfer fee(for example 0.25—0.5 percent of the sale
price of a home)could be imposed on property transactions. This program has
been employed at other planned community developments in the area with some
success. Subject to agreement with the City,these funds could be earmarked for
use within the community by the M3 Eagle Owner's Association,within the
proposed Eagle Regional Park by the City,or within the foothills by a land
stewardship organization.
2. M3 or other developers may improve or construct regional open space for credit
towards City park impact fees.
3. A local option tax levy could be passed by citizens to fund open space
acquisition,preservation,restoration and management.
4. The M3 Eagle Owner's Association could fund regional open space management
on property that it owns in part or in full though association dues or contributions
from the developer or other sources.
M3 Eagle 43
Habitat Mitigation Plan January 2010
The ongoing funding mechanism for regional open space management may include one or
more of these options. Some regional open space management and mitigation actions may
be necessary and may occur before sufficient funds are available in the funding mechanism.
In such case,developer may provide those management or mitigation actions and be
reimbursed when sufficient funds are available.
7.5.2 Monitoring Plan
The monitoring plan will provide the information necessary to gauge the success of this HMP
during build out of the project on a Planning Unit basis.Monitoring of HMP implementation
measures would be provided by the City of Eagle,the Owner's Association,an independent
consultant hired by the developer,or a consultant hired by the holder of the conservation
easement,if one is established.Monitoring will continue annually until vegetation is re-
established and then in perpetuity,at 5-year intervals thereafter. If deviations to the goals and
objectives of this HMP(Table 1)occur after the initial revegetation effort,such as could
occur after a wildfire,then native or desirable plant species would again be reestablished.
Monitoring will be completed for each PUMP approved by the City of Eagle on a Planning
Unit by Planning Unit basis.A monitoring report will be submitted along with each PUMP,
except the first. The report will document progress towards the HMP goals and objectives of
the previously approved Planning Unit. This approach permits a review of HMP actions
within approved Planning Units and would allow the City to condition additional mitigation
measures on future development phases if HMP goals and objectives are not met.Each
monitoring report will provide an update on progress towards each of the final success
criteria of this HMP,which are identical to the objectives listed in Table 1 of this HMP.
Monitoring in each Planning Unit will cease as each Planning Unit reaches the HMP goals
and objectives.
Manufactured slope revegetation will be deemed successful when a visually apparent
assemblage of shrubs,grasses,and herbs native to the region or that mimic the structure and
function of regional natives are present within 5 years of planting. This assemblage should be
in good condition and reasonably evenly distributed across the treatment area.If significant
progress in not met after 5 years,then further seeding and/or planting of native and desirable
species will occur until ecological integrity of the disturbed slopes is attained.
The contents of each report may not be limited to the HASC and could include information
on mitigation activities elsewhere. Each monitoring report will include the following
information,as applicable:
M3 Eagle 44
Habitat Mitigation Plan January 2010
Acres of HASC removed by development and acres of HASC preserved.
Regional and community open space locations and acreages,including donations
or exchanges of land which result in designation of permanent regional open
space.
The location and size of building envelopes relative to on-lot open space.
Wildlife movement corridors in terms of length,width,and overall connectivity
of corridors through which wildlife could reasonably pass.
The location, extent,and condition of manufactured slopes and constructed
wetlands.Initial reports will document pre-and post-construction conditions with
photographs.Each report will document vegetation treatment specifications
including date,seed mix,planting materials and installation methods. Subsequent
reports will include photos taken from the same location to document condition
over time.Reports will include the date of all vegetation treatments and an
interpretation of success.
Topsoil stockpile areas and treatment of piles for weeds.
Locations and extents of noxious weed populations.Noxious weed treatment
areas with information on the type of treatment and relative success of treatment.
Progress towards Firewise principles including use of ignition resistant building
materials,defensible space,and community awareness campaigns.
Status of the ongoing funding mechanisms that relate to the goals and objectives
of this HMP.
Post development,the party responsible for the monitoring of HMP implementation,whether
it be the City of Eagle,the Owner's Association,an independent consultant,or another entity
will prepare a monitoring report every 5 years. This report will consist of a survey of
revegetated areas to ensure that criteria for successful vegetation establishment have been
met. If the survey identifies that desirable vegetation has not yet been established within 5
years of planting,then the party responsible for ongoing maintenance will be responsible for
revegetation.
M3 Eagle 45
Habitat Mitigation Plan January 2010
8.0 CONCLUSION
Nearly all(92 percent)of the existing habitat on the Property is in poor to marginal condition
because the plant communities display an extreme departure from their potential natural
community.Within the HASC, only 18 percent of the habitat is in good or satisfactory
condition,while 82 percent is in poor or marginal condition,of which approximately 9
percent is farmland. URS suspects that historic repeated disturbance from previous land uses
and wildfire has degraded most of the native Southern Xeric Shrubland Steppe,favoring the
establishment of annual vegetation on most of the Property.
Most of the habitat areas in the HASC that are still in satisfactory or good condition will be
managed as natural open space. The regional open space preservation areas proposed by M3
are situated between parcels of public land(BLM),so preserving them as natural open space
will have cumulative benefits for wildlife.By preserving over 800 acres for natural open
space by land exchange with BLM,donation to the City,conservation easement,and/or deed
or covenant restrictions,M3 will permanently link the BLM parcels,creating a 2,715 acre
block of continuous wildlife habitat that stretches 6 miles across the Eagle Foothills
Figure 2).
The Project's land use changes and activities will affect wildlife utilization in the HASC
differently depending on the species.Water associated species tolerant of human interactions
will increase while less tolerant upland species will decline.The number and variety of birds
on the Property is likely to increase,while the number of burrowing mammals is likely to
decrease. Mule deer are likely to be pressured away from residential areas and streets
because of human interaction,lights,noise,and traffic.
M3 acknowledges that some areas of the 1,160 acre HASC will be developed or affected
indirectly by the Project. Some wildlife species will be adversely affected while other species
will benefit. Species compositions will undoubtedly change to some extent but adverse
impacts to the HASC will be offset by:
Preservation of 41 percent(480 acres)of the existing HASC in an unfragmented
and natural state.These areas contain some of the best habitat values in the
HASC and are located adjacent to public lands to provide long-term connectivity.
Preservation of another 10 percent(120 acres)of the existing HASC outside of
building envelopes on large(2+acre)lots.
M3 Eagle 46
Habitat Mitigation Plan January 2010
Preservation of an additional 400 acres of regional open space outside of the
HASC that will extend the potential for habitat connectivity with the proposed
Eagle Regional Park.
Creating new wetland and riparian habitats.
Providing wildlife movement corridors throughout the Project that include
wildlife road crossing features and traffic control measures at areas of potential
conflict.Positioning low density development with building envelopes to provide
wildlife movement corridors between the HASC,regional open spaces,and BLM
administered public lands.
Revegetating manufactured slopes with shrubs,grasses,and herbs native to the
region,or other plants favorable to regional wildlife,capable of providing cover
and food to an array of existing wildlife.
Providing a mechanism for funding ongoing regional open space management.
Providing a monitoring plan to report the success and on-going effectiveness of
all measures recommended in this HMP.
M3 Eagle 47
Habitat Mitigation Plan January 2010
9.0 REFERENCES
Allen-Diaz,B. H. and J.W. Bartolome. 1998.Understanding Sagebrush-Grass vegetation
dynamics.Ecological Applications 8(3): 795-804.
Case,R. 1978. Interstate highway mad-kill animals: a data source for biologists.Wild. Soc.
Bull. 6:8-13.
CDC(Idaho Conservation Data Center).2005. GIS data layers delineating habitat and
occurrences for sensitive plant and animal species in project area.
CDOW(Colorado Division of Wildlife).2005. Habitat Partnership Program.Fences for Man
and Beast:An Illustrated Guide to Friendly Fences for Livestock and Wildlife.
Received November 20 pgs.
ECS&WCR(Environmental Conservation Services,Inc.and Wildlife Consulting
Resources). 2009.Northwest Ada County Big Game Survey Summary and
Northwest Ada County Wildlife Crossing Assessment.
Grossman,D. H.,et al. 1998. International classification of ecological communities:
terrestrial vegetation of the United States. Volume I.The National Vegetation
Classification System: development, status,and applications.The Nature
Conservancy,Arlington,Virginia,USA.
Idaho Partners in Flight. 2000.Idaho Bird Conservation Plan.Version 1.0
IDFG(Idaho Department of Fish and Game). 2007.Game Management Unit 32 Winter Mule
Deer Counts, Subunits 1-9,State Street—Pearl Hills.
2005. Idaho Comprehensive Wildlife Conservation Strategy.Idaho Conservation
Data Center,Idaho Department of Fish and Game,Boise,ID.Accessed via the World
Wide Web at http://fishandgame.idaho.gov/cros/tech/CDC/cwcs.cfm.
1997.Atlas of Idaho's Wildlife,Integrating Gap Analysis and Natural Heritage
Information.Nongame and Endangered Wildlife Program,Boise,Idaho.
Monsen, Sephen B.; Stevens,Richard; Shaw,Nancy L.,comps.2004.Restoring western
ranges and wildlands. Gen.Tech.Rep. RMRS-GTR-136-vol-l.Fort Collins, CO;
U.S. Department of Agriculture,Forest Service,Rocky Mountain Research Station.
NRCS (Natural Resource Conservation Service). 2006.Ecological Site Descriptions for the
State of Idaho. Accessed via the World Wide Web
http://esis.sc.egov.usda.gov/Welcome/pgReportLocation.aspx?type=Reference%20Sheet
M3 Eagle 48
Habitat Mitigation Plan January 2010
Oxley,D.,M. Fenton,G. Carmody. 1974.The effects of roads on small mammals.J.appl.
Ecol. 11: 51-59
Paige, C.2008.A landowner's guide to wildlife friendly fences. Landowner/Wildlife
Resource Program,Montana Fish,Wildlife and Parks,Helena,MT.44pp.
Scott,J.M.,C.R. Peterson,J. W.Karl,E. Strand,L. K. Svancara,and N.M.Wright.2002.
A Gap Analysis of Idaho:Final Report.Idaho Cooperative Fish and Wildlife
Research Unit.Moscow,ID.
URS Corporation. 2006.Final Habitat Study and Natural Features analysis—M3 Eagle
Proposed Planned Community.June.
USDA(US Department of Agriculture). 1977. Soil Survey of Ada County Area,Idaho.
USDA, Soil Conservation Service
M3 Eagle 49
Habitat Mitigation Plan January 2010
APPENDIX A
Northwest Ada County
Big Game Survey Summary 2009 (Map 9)
ENVIRONMENTAL CONSERVATION SERVICES INC.
A
4r •. 4
4
4 4,41..-
f a
1 t_ r -' .
ilY • r • ..Pr K
i
1 ft
i'1 •
I
Z Q j•+
n-
uYh!, 1,
IBM WA
New •- r p
a'
I/ t I
f 7
o
A
6h
p.. .
e r
L f. ,., , -
r m 111712 •,am
oi
9n
i
lil
J
i Ilk iii
Pigli)lkli
NIIC
1y
T
tf 1
1!
11 _r 1•
1 Iii a' a6
IAi$$ee9
OBI 1.0•0•0 7 . 0J
Map 9: Combined Observations by Subunits within Unit 32 and 39.
Note: There is no IDFG observation data for GMU 32(West side of SH-55).
Northwest Ada County Big Game Survey Summary-2009 Page 31
APPENDIX B
Wetland Construction Concept Plan
Appendix B
Wetland Construction Concept Plan
The M3 Eagle Habitat Mitigation Plan(HMP)identifies the conceptual locations,extents,
and types of wetland and riparian areas to be constructed at M3 Eagle. The information in
this appendix supplements the HMP with wetland construction and management guidance
that will apply to all wetland construction and management projects at M3 Eagle.Wetland
locations and plant species will be shown on each applicable Planning Unit Master Plan.
Guiding Principles
The U.S.Army Corps of Engineers has determined that Big Gulch Creek and Little Gulch
Creek are isolated drainage courses and are not waters of the United States regulated under
Section 404 of the Clean Water act.Therefore,impacts to these drainages associated with
project construction,do not require a Department of the Army(DA)permit.Therefore,it will
not be necessary to contact the U.S.Army Corps of Engineers before any wetland
construction projects are undertaken. Since construction activities will not impact existing
jurisdictional wetlands, mitigation involving restoration of existing wetlands or construction
of an entirely new wetland area will not be necessary.
In an effort to encourage biological diversity,enhance existing habitat,and mitigate impacts
to the HASC,M3 will construct wetlands as part of the M3 Eagle Master Planned
Community.There are two types of wetland construction,wetland restoration and wetland
construction.Wetland restoration involves returning an existing wetland to a previous state.
Wetland construction involves conversion of an upland site into a vegetated wetland area.
Wetland restoration is often the less costly of the two because even degraded wetlands
display the three wetland characteristics naturally 1)hydrology 2)hydric soils and 3)wetland
vegetation.No wetlands have been identified at M3 Eagle,thus M3 will utilize wetland
construction principles.
The following principles have been documented by Mitsch and Gosslink(2000)and will be
employed during wetland construction projects at M3 Eagle:
1. Design the system for minimum maintenance.The system of plants, animals,microbes,
substrate,and water flows will be developed for self-maintenance and self-design.
2. Design a system that utilizes natural energies,such as the potential energy of streams,as
natural subsidies to the system.
3. Design the system with the hydrologic and ecological landscape and climate.Droughts,
muskrats,geese,and storms are expected disturbances.Natural ecosystems generally
recover rapidly from natural disturbances to which they are adapted.
M3 Eagle B_1
Master Habitat Mitigation Plan January 2010
4. Design the system to fulfill multiple goals,but identify at least one major objective and
several secondary objectives. If a wetland is being created or restored to replace a lost
wetland,replacement of function will be an important consideration.
5. Design the system as an ecotone.This may require a buffer strip around the wetland site,
but it also means that the wetland site itself will be a buffer system between upland and
aquatic systems.
6. Give the system time.Wetlands do not become functional overnight. Several years may
pass before plant establishment,nutrient retention,and wildlife enhancement can become
optimal,and mature soils systems may take decades. Strategies that try to short-circuit
ecological succession or over manage it are doomed to failure.
7. Design the system for function,not form. If initial plantings and animal introductions fail
but the overall function of the wetland,based on fulfillment of initial objectives,is being
carried out,then the wetland has not failed.The outbreak of plant diseases and the
invasion of alien species are often symptomatic of other stresses and may indicate false
expectations rather than ecosystem failure.
8. Do not over engineer wetland design with rectangular basins,rigid structures and
channels,and regular morphology.Natural systems will be mimicked to accommodate
biological systems.
Freshwater Marshes and Ponds(Lentic Wetlands)
Some common emergent plant species used for wetland restoration and construction in areas
where water accumulates and ponds will be useful at the DCRPC.These species will include
but won't be limited to:bulrush(Scirpus spp. and Schoenoplectus spp.),cattails(Typha spp.),
and sedges(Carex spp.).Resources spent on submerged plants may be wasted since their
establishment is often limited by algal growth and turbidity.Woody riparian vegetation will
be installed along the margins of marshes and ponds in the transitional area between the
adjacent uplands.Figure B-1 displays the conceptual design of marshes and ponds at M3
Eagle.
Riparian Areas(Lotic Wetlands)
Constructed riparian areas will exhibit periodic flooding or irrigation that mimics flooding
events.Even without periodic flooding, some constructed riparian areas are possible given
the proximity of constructed riparian areas to water features at M3 Eagle. Some common
species used for riparian area construction will include black cottonwood(Populus
balsamifera),willow(Salix spp.),river birch(Betula occidentalis),rushes and sedges.Figure
B-3 displays the conceptual design of riparian areas at M3 Eagle.
M3 Eagle B-2
Master Habitat Mitigation Plan January 2010
I 451 rn CD
puelcin r:e rq
It-
r .
F
N., ..,..,..1•881:r_....;.'1 •
all•
044 -.74,- "
I
1 I
J.: I
oitenbe
3 ...pi.-
I at
at
1 '
t..,
4
4..,
o1 : ca
o
a
o
ct.,
a
a
0
5 E
4
E
os
E
ms
wIJ
E
1
o
c.)
L8
I to
ec
12 rn
c oitenbe I a)
1 I —
ett
a
1
1
Pr
C0
0.0
4.1
I>. pu. ettrin I 1
4 r0 4. .11 t31
A
1. O
W oN
cd
i. 1--- -t i.]:.:4 n
r, 5
ti
r
aY. ZV s, , s
yOV! yy
0 F
I '` i
O
o - z
o w It
6»t. &&
C
d
7 ..
pa
e; Z
O
S L N • s W
t
q . ,
qq gi
1 ,,,,4
Wc
07q,„,maxdbsd u u_
X00 m
f tip v'6 a a U
y 1, Z
ns`
50., •.
3i_ Z z
t t, feC = r U .6
t a 8Z Y to
0.
ce to
c
5 O O L"
O®0 o a
z v J C
7
s i V _U C, s
a fg , < 4,,w !n 4.;
t C7
1 ., ifs \'a
1{' .
r m
E F Z i _a _ M
O
g
C
e ,, Jo
s0
cc 0
E; x
a
W t
M R
9 °
9 A
3
2,
II_& ,_
Lfzi ,
5 -i,_ `k§
6 e!
Jeco
2
Of
f E.
z
i
I 0
zore
col
1
z
tn k 2
I CI
k
t
CS
MN
E w
I1ilk;
2
E d
2 9
k
0 c
2
b 0
aa
otU
A
z }
2 /
Construction
Wetland construction would largely be an earth moving and re-vegetation operation.
Channels and basins would be constructed using power equipment such as a backhoe,dozer,
or similar to excavate below the surrounding grade and to create berms.Channels and ponds
would be constructed with the native soil and may be lined with river cobble or riprap in
certain areas to provide stability.
Channel construction operations would proceed in the following manner:
1. Construction Stakeout—A construction stakeout of the proposed construction site shall
be performed by a duly authorized and certified professional licensed in the State of
Idaho.
2. Erosion and Sediment Control—Prior to any grading,all sediment and erosion control
measures shall be installed and maintained until permanent stabilization of area is
achieved.
3. Clearing—The construction area would be cleared of vegetation,debris,etc.
4. Grading—The grading of ponds,marshes, and riparian areas would be done according to
the limits and grades as shown on the approved improvement plans.Topsoil,if
structurally acceptable,removed during the grading process would be stockpiled for use
in permanent stabilization(step 8).Topsoil stockpiles would be covered and/or wetted
periodically to mitigate fugitive dust as necessary.
5. Temporary Stabilization—Temporary soil stabilization techniques would be employed to
prevent soil erosion where soil displacement is likely.
6. Drainage Interconnect—Culverts would be placed to accommodate drainage where
necessary.Culverts would be sized appropriately for above maximum predicted flows.
Installation would include foundations,bedding,grade,alignment,structure size,length,
backfill,compaction,cover,end treatments.
7. Surface Treatment—Trails and causeways would be treated with a paved base, such as
asphalt or concrete,or left unpaved depending on the site specific design.
8. Permanent Stabilization—The channel would be planted and seeded with an appropriate
mix of species and stabilized with native river cobble.Topsoil, seed,and certified weed
free mulch would be applied to all disturbed areas.Seed mix and plantings will be taken
from the approved plant list included in the M3 Eagle Landscape Design Guidelines.
9. The final step would be the clean up of any debris and the exit by the crew.
M3 Eagle B-6
Master Habitat Mitigation Plan January 2010
Tools
Wetland construction will include the full array of tools available including but not limited to
the following bioengineering techniques:
Wattles/Fascines
Wattles are bundles of live,woody material tied into bundles,generally 4 to 12 inches in
diameter and typically 8 feet long.They will be placed in shallow trenches on banks or
slopes parallel to the stream contour. They will be partially covered with soil.Wedge-like
dead stakes will secure them into place at 2 to 3 foot intervals.This live-rooting material
grows into a live fence-like erosion barrier. The wattle and the trench create a sediment trap.
Straw mulching the site after installation will retain moisture and reduce surface erosion.
This is the most functional and easiest to install of the bioengineering materials.
Brush(branch)Layering
This technique utilizes a 2 to 4-inch layer of readily rooting live branches which are 0.25 to
0.5 inch in diameter and 3 to 6 feet in length.Brush(branch)layerings will be planted on
terraced benches with two-thirds of the basal material covered with soil.Six to 12 inches of
upper growth will be exposed. Before installing, soil terraces can be additionally protected by
putting down geo-fabric. Secondary layers of live branches are added 3 to 4 feet from the
bottom of the slope.Before growth begins,they will add stability and aid in moisture
retention. Straw mulch may be used to provide additional moisture retention and erosion
control.
Brush Mattressing
This technique utilizes live,woody material 0.5 to 3-inches in diameter, at random lengths.
This material is placed 4 to 6 inches deep on sloped areas. Generally starting at the bottom of
the slope,they are laid in a crisscross pattern protecting 6 or more feet of slope.They are
held in place with wedge-like dead stakes and secured with string or wire. Four inches of
loose soil is placed on top to sufficiently cover the majority of the branches. The brush
mattressing will act as an immediate sediment trap and grows into a shrubby carpet-like
protective barrier. This technique is effective on slopes with a 2:1 ratio or flatter.
Live Cuttings
Cuttings are living plant material of un-rooted,woody stems that will root and establish
shrubs in wet,fertile conditions.They are ideal for planting in mass where erosion control
and bank stability are an immediate concern.
Live Whips
Live whips are woody shrub material 0.25 to 1 inch in diameter and 4 feet to 6 feet long.
Live whips are used in conjunction with gabion walls,riprap and geo-fabrics.Two-thirds to
three quarters of live whips will be covered with soil.Whips can be installed laying on their
side or erect in the soil. Live whips must be long enough to reach soil behind or below hard
structures.
M3 Eagle B-7
Master Habitat Mitigation Plan January 2010
Rooted Cuttings and Bareroot Plants
Plants have 8 to 36 inches of above-ground growth and established roots. They are used to
establish shrubs and trees on restoration projects.These materials are to be planted 2 to 8 feet
apart and their roots must be covered with soil. See list of available species above.
Wedge-like Dead Stakes
These are pieces of wood cut in long wedges.They measure 1.5 by 3 inches by 2.5 feet long.
These dead stakes are driven into the soil to secure wattles,brush mattressing,and other
applications of soil bioengineering.
References
Mitsch,William,J. and Gosselink,James,G. 2000. Wetlands. Third edition. John Wiley&
Sons, Inc. New York.
M3 Eagle B-8
Master Habitat Mitigation Plan January 2010
