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Findings - PZ - 2022 - PU-01-21 - Spring Valley PUMP No. 1 - Spring Valley Planned Unit Master Plan (Pump) No. 1 BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A PLANNED UNIT MASTER PLAN ) (PUMP)NO. 1 FOR SPRING VALLEY FOR ) GWC CAPITAL,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PU-01-21 The above-entitled Planned Unit Master Plan (PUMP) application came before the Eagle Planning and Zoning Commission for their recommendation on March 21, 2022, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT: A. PROJECT SUMMARY: GWC Capital, LLC, represented by Brook Cole, is requesting approval of Planning Unit Master Plan (PUMP)No. 1 for the Spring Valley Planned Development (formerly known as M3 Spring Valley). PUMP No.1 consists of+/-1,005.91 acres, 2,200 residential units, 150,000 square feet of non-residential uses, and 504.39-acres of regional and community open space. The 1,005.91- acre site is generally located 3,000-feet northeast of the intersection of State Highway 16 at Equest Lane (approximately 1 mile north of the Beacon Light Road and Linder Road intersection). B. APPLICATION SUBMITTAL: This application was originally submitted on August 19,2021. Subsequent updates were made on December 1, 2021, and on February 2, 2022. Final edits to the written narrative were provided to the City on March 14,2022. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 04, 2022. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 03, 2022. Requests for agencies' reviews were transmitted on September 17, 2021, in accordance with the requirements of the Eagle City Code. The site was posted on March 11, 2022. The official affidavit of site posting from the applicant was returned to the city 7-days prior to the hearing on March 14, 2022. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: • The M3 Pre-Annexation Development Agreement (RZ-19-06), adopted by the city in November 2007, (herein referred as"PADA") • The Eagle City Council approved RZ-19-06 MOD1: M3 Hillside and Grading Standards on November 24,2009. • M3 received a Conditional Letter of Map Revision (CLOMR) from FEMA on February 17, 2009. An amendment was submitted in March of 2013 and was approved by FEMA on November 8, 2013. Page 1 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\202 I\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx • The overall project-wide Habitat Mitigation Plan was approved by the City Council on January 11, 2011. • The Eagle City Council approved an amended and restated development agreement for M3/Spring Valley(RZ-19-06 MOD2)on January 14, 2014,(herein referred as"DA") • The City council approved the M3/Spring Valley Development Standards on January 14, 2014 and by the adoption of Ordinance 710, established Eagle City Code Title 11 —Planned Developments, Chapter A—Spring Valley. E. COMPANION APPLICATIONS:None. Page 2 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\202I\PUMP Submittal Documents\PUMP#l\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Comprehensive Zoning Designation: Land Use: Plan Designation: Existing Foothills Residential R-1-DA Rural Residential/Large Lot Single Family(Gulch Ranch Estates Subdivision&Kling Estates Subdivision)/Vacant Land/ Limited Agriculture Proposed Foothills Residential R-1-DA(No Change) 12.15-acres MF1 (Medium Density (No Change) Multi-Family) 22.24-acres SFA(Single Family Attached) 32.34-acres SFSL(Single Family Special Lot) 111.16-acres SF3 (Single Family 3) 150.86-acres SF2 (Single Family 2) 332.09-acres ROS (Regional Open Space) 172.98-acres COS (Community Open Space) 31.63-acres WWTP(Wastewater Treatment Plant) North of site Foothills Residential RR(Rural Residential— Rural Residential/Large Lot Single (Ada County Ada County Designation) Family/Vacant Land/Limited Designation) RP(Rural Preservation— Agriculture No Change Ada County Designation) South of site BLM Land PS(Public/Semi-Public) Vacant Land East of site Foothills Residential RR(Rural Residential— Rural Residential/Large Lot Single Ada County Designation) Family (Highlander Estates Subdivision)/Vacant Land/ RP(Rural Preservation— Limited Agriculture Ada County Designation) West of site Rural Residential RR(Rural Residential— Rural Residential/Large Lot Single (Ada County Ada County Designation) Family(Gulch Ranch Estates Designation) Subdivision&Kling Estates Desi g ) RP(Rural Preservation— Subdivision)/Vacant Land/ Ada County Designation) Limited Agriculture Page 3 of 32 K.\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx G. DESIGN REVIEW: Subject to ECC 11A-3 - Spring Valley Design Review H. GENERAL PUMP No. 1 DATA/DESIGN: 1. PUMP No. 1 Overall—Acreage*: (See 1.4 "Planning Concept"and Table 1: Project Summary in the Development Agreement) Total Acreage of Spring Valley: 6,017.00 acres Proposed Total Acreage in PUMP No. 1: 1,005.91 acres Proposed Residential Acreage in PUMP No. 1: 500.84 acres Proposed Non-Residential Area in PUMP No. 1: 150,000 square feet Proposed Open Space in PUMP No. 1: 505.07 acres a. Southwestern Residential PA Acreage*: Total Acreage of PA in Spring Valley: 419.00 acres Total Acreage of PA in PUMP No .1: 307.92 acres Residential Acreage in PA: 147.65 acres Non-Residential Area in PA: 0 square feet Open Space Acreage in PA: 160.27 acres b. Southern Residential PA Acreage*: Total Acreage of PA in Spring Valley: 2,114.00 acres Total Acreage of PA in PUMP No. 1: 153.55 acres Residential Acreage in PA: 38.65 acres Non-Residential Area in PA: 0 square feet Open Space: 114.90 acres c. Northern Residential PA Acreage*: Total Acreage of PA in Spring Valley: 2,76.000 acres Total Acreage of PA in PUMP No .1: 276.49 acres Residential Acreage in PA: 152.08 acres Non-Residential Area in PA: 0 square feet Open Space: 124.41 acres d. Big Gulch PA Acreage*: Total Acreage of PA in Spring Valley: 636.00 acres Total Acreage of PA in PUMP No .1: 267.95 acres Residential Acreage in PA: 151.00 acres Non-Residential Area in PA: 150,000 square feet Open Space: 105.49 acres e. Highway Mixed Use PA Acreage*: Total Acreage of PA in Spring Valley: 88.00 acres Total Acreage of PA in PUMP No .1: 0 acres Residential Acreage in PA: 0 acres Non-Residential Area in PA: 0 square feet Open Space: 0 acres *As proposed within the PUMP No. 1 application—Exhibit DI, dated February 2022 Page 4 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No l PZF.docx 2. PUMP No. 1 Overall Residential Units: (See 1.4 "Planning Concept"and Table 1: Project Summary in the Development Agreement) Maximum Allowable Units in Spring Valley: 7,160 units max.,total+ Number of Units in PUMP No. 1: 2,200 units Remaining Units in Spring Valley: 4,960 units,max. Current Total Development Density: 0.37 du/ac Current PUMP No. 1 Density: 2.19 units per acre Maximum Density Spring Valley: 1.19 du/ac,max. 'Including all applicable bonus densities or if developed per the D.A. a. Southwestern Residential PA Residential Units*: Maximum Allowable Units in PA: 450 units Proposed Units in PA in PUMP No. 1: 450 units Remaining Units in PA: 0 units Maximum Allowable PA Density: 1.07 du/ac,max. Current Total PA Density: 1.07 du/ac Current PUMP No.1 PA Density: 1.46 du/ac b. Southern Residential PA Residential Units*: Maximum Allowable Units in PA: 2,109 units Proposed Units in PA in PUMP No. 1: 192 units Maximum Remaining Units in PA: 1,917 units, max. Maximum Allowable PA Density: 0.96 du/ac,max. Current Total PA Density: 0.09 du/ac Current PUMP No.1 PA Density: 1.25 du/ac c. Northern Residential PA Residential Units*: Maximum Allowable Units in PA: 5,917 units Proposed Units in PA in PUMP No. 1: 422 units Maximum Remaining Units in PA: 5,495 units,max. Maximum Allowable PA Density: 2.14 du/ac,max. Current Total PA Density: 0.15 du/ac Current PUMP No.1 PA Density: 1.53 du/ac d. Big Gulch PA Residential Units*: Maximum Allowable Units in PA: 3,335 units Proposed Units in PA in PUMP No. 1: 1,136 units Maximum Remaining Units in PA: 2,199 units,max. Maximum PA Density: 5.24 du/ac,max. Current Total PA Density: 1.79 du/ac Current PUMP No.1 PA Density: 4.24 du/ac e. Highway Mixed Use PA Residential Units*: Maximum Allowable Units in PA: 500 units Proposed Units in PA in PUMP No. 1: 0 units Remaining Units in Spring Valley: 500 units,max. Maximum PA Density: 4.68 du/ac,max. Current Total PA Density 0.00 du/ac Proposed PUMP No.1 PA Density: 0.00 du/ac Page 5 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP 41\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx • The number of dwelling units shall not exceed 7,160 dwelling units for the entire Project unless Additional Property is annexed into the City and made subject to the approved development agreement. • At no time shall the buildable lot total in any planning area exceed the allowable maximums as allowed through the development agreement. (See 1.4 "Planning Concept" and Table 1: Project Summary in the Development Agreement) • Upon approval of PUMP No. 1, the Southwestern Residential Planning Area will have consumed 100% of the units (450 of 450 max. total) allowed within the Planning Area, but will only have consumed 73.5% of the acres (307.92 of 419 max. total) of the Planning Area. No further residential development shall occur within the Southwestern Residential Planning Area. *As proposed within the PUMP No. 1 application—Exhibits DI-DS, dated February 2022 3. PUMP No. 1 Bonus Density Allocation: (See 1.4 "Planning Concept"and Table 1: Project Summary in the Development Agreement) a. Spring Valley Totals*: Maximum Allowable Units in Spring Valley: 7,160 units max.,total' Total Units Consumed in PUMP No. 1: 2,200 units Maximum Remaining Units in Spring Valley: 4,960 units, max. 'Including all applicable bonus densities or if developed per the D.A. b. Base Density*: Maximum Base Density Units in Spring Valley: 3,008 units Base Density Units Consumed in PUMP No. 1: 1,141 units Remaining Base Density Units in Spring Valley: 1,867 units, max. c. Community Open Space(COS)*: Total COS Bonus Units Allowed in Spring Valley: 161 units COS Bonus Units Earned in PUMP No. 1: 0 units COS Bonus Units Consumed in PUMP No. 1: 0 units Remaining COS Units in Spring Valley: 161 units, max. d. Regional Open Space(ROS)*: Total ROS Bonus Units Allowed in Spring Valley: 880 units ROS Bonus Units Earned in Pump No. 1: 0 units ROS Bonus Units Consumed in PUMP No. 1: 0 units Remaining ROS Units in Spring Valley: 880 units, max. e. Community Center(CC)*: Total CC Bonus Units Allowed in Spring Valley: 220 units CC Bonus Units Earned in PUMP No. 1: 0 units CC Bonus Units Consumed in PUMP No. 1: 0 units Remaining CC Units in Spring Valley: 220 units,max. f. Neighborhood Center(NC)*: Total NC Bonus Units Allowed in Spring Valley: 2,240 units NC Bonus Units Earned in PUMP No. 1: 1,448 units NC Bonus Units Consumed in PUMP No. 1: 1,059 units Remaining NC Units in Spring Valley: 1,181 units,max. Page 6 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx g. Open Space Funding(OSF)*: Total OSF Bonus Units Allowed in Spring Valley: 651 units OSF Bonus Units Earned in PUMP No. 1: 0 units OSF Bonus Units Consumed in PUMP No. 1: 0 units Remaining OSF Units in Spring Valley: 651 units,max. • 144.80-acres of Neighborhood Center area have been consumed for the property. Upon approval of PUMP No. 1, 95.2-acres of Neighborhood Center area remain for future use. • 1,141 Base Units and 1,059 Bonus Units (associated with the implementation of a Neighborhood Center) have been consumed for the property upon approval of PUMP.No. 1. • 389 Bonus Units (associated with the implementation of Neighborhood Centers) are unused in PUMP No. 1. These units shall carry over into future PUMP applications for future use. *As proposed within the PUMP No. 1 application-Exhibit Dl, dated February 2022 4. PUMP No. 1 Open Space Overall*: (See 2.6(a) "Master Parks, Trails, and Open Space Plan" in the Development Agreement) Total Open Space: 505.07-acres Regional Open Space: 332.09-acres Community Open Space: 172.98-acres % Open Space: 50.2%(of 1,005.91-acres) Required Minimum Open Space: 20%(201.18-acres) Total Open Space Goal: 40%(402.36-acres) a. Southwestern Residential PA Open Space*: Total Open Space: 160.27 acres Regional Open Space: 126.80 acres Community Open Space: 33.47 acres %of Developable Acres: 52.0%(of 307.92 acres) Required Minimum PA O.S.: 15%(46.19 acres) b. Southern Residential PA Open Space*: Total Open Space: 114.90 acres Regional Open Space: 99.41 acres Community Open Space: 15.49 acres % of Developable Acres: 74.8%(of 153.55 acres) Required Minimum PA Open Space: 15%(23.03 acres) c. Northern Residential PA Open Space*: Total Open Space: 124.41 acres Regional Open Space: 42.60 acres Community Open Space: 81.81 acres %of Developable Acres: 45.0%(of 276.49 acres) Required Minimum PA Open Space: 15%(41.47 acres) d. Big Gulch PA Open Space*: Total Open Space: 105.49 acres Regional Open Space: 63.28 acres Community Open Space: 42.21 acres %of Developable Acres: 39.4% (of 267.95 acres) Required Minimum PA Open Space: 15%(40.19 acres) Page 7 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx e. Highway Mixed Use PA Open Space*: Total Open Space: 0 acres Regional Open Space: 0 acres Community Open Space: 0 acres % of Developable Acres: 0%(of 0 acres) Required Minimum PA Open Space: 0%(0 acres) *As proposed within the PUMP No. 1 application—Exhibit P, dated February 2022 5. PUMP No. 1 Total Units Adjacent to Open Space(O.S.)*: (See 1.4 "Planning Concept" in the Development Agreement) Total Number of Dwelling Units in PUMP No. 1: 2,200 lots Required Dwelling Units Adjacent to Open Space: 1,100 units(50%) Proposed Dwelling Units Adjacent to Open Space: 1,618 units(73.5%) a. Detached Units Less than 5,000 square feet*: Total Number of<5K SF Units in PUMP No. 1: 264 lots Required Number of<5K SF Units Adjacent to O.S: 172 lots(65%) Proposed Number of<5K SF Units Adjacent to O.S.: 182 lots(68.9%) b. Detached Units Less than 8,000 square feet*: Total Number of<8K SF Units in PUMP No. 1: 918 lots Required Number of<8K SF Units Adjacent to O.S: 459 lots(50%) Proposed Number of<8K SF Units Adjacent to O.S.: 607 lots(66.1%) *As proposed within the PUMP No. 1 application—Exhibit Ql, dated February 2022 6. PUMP No. 1 Constrained Lands and Habitat of Special Concern (HASC): (See 1.3 "Mitigation" in the Development Agreement) Total Pre-Mitigation Acreage in Spring Valley: 1,160 acres Total Post-Mitigation Acreage Required for Spring Valley: 580 acres (580 acres/1,160 acres) 50% Total Pre-Mitigation Acreage in PUMP No. 1: 453.36 acres Total Post-Mitigation Acreage in PUMP No. 1: 194.62 acres (194.62 acres/453.36 acres) 42.9%of PUMP No. 1 HASC (901.26 acres/1,160.00 acres) 77.7%of SV HASC Total Pre-Mitigation Floodplain Area: 147.01 acres Total Post-Mitigation Floodplain Area: 33.12 acres Total Pre-Mitigation Slopes>30%: 67.85 acres Total Post-Mitigation Slopes>30%: 10.48 acres Total Existing HASC Area: 453.36 acres Total Preserved HASC Area: 143.07 acres Total Riparian HASC Rehabilitation: 11.16 acres Total Upland HASC Rehabilitation: 40.29 acres Page 8 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#l\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx a. Southwestern Residential PA Constrained Lands and HASC*: Pre-Mitigation Floodplain Area: 90.02 acres Post-Mitigation Floodplain Area: 16.25 acres Pre-Mitigation Slopes>30%: 9.16 acres Post-Mitigation Slopes>30: 1.05 acres Existing HASC Area: 307.77 acres Preserved HASC Area: 93.97 acres Riparian HASC Rehabilitation: 16.25 acres Upland HASC Rehabilitation: 24.90 acres b. Southern Residential PA Constrained Lands and HASC*: Pre-Mitigation Floodplain Area: 7.61 acres Post-Mitigation Floodplain Area: 5.94 acres Pre-Mitigation Slopes>30%: 17.79 acres Post-Mitigation Slopes>30: 0.66 acres Existing HASC Area: 73.22 acres Preserved HASC Area: 27.83 acres Riparian HASC Rehabilitation: 5.94 acres Upland HASC Rehabilitation: 2.86 acres c. Northern Residential PA Constrained Lands and HASC*: Pre-Mitigation Floodplain Area: 0.00 acres Post-Mitigation Floodplain Area: 0.00 acres Pre-Mitigation Slopes>30%: 28.92 acres Post-Mitigation Slopes>30: 6.63 acres Existing HASC Area: 1.68 acres Preserved HASC Area: 1.29 acres Riparian HASC Rehabilitation: 0.00 acres Upland HASC Rehabilitation: 0.00 acres d. Big Gulch PA Constrained Lands and HASC*: Pre-Mitigation Floodplain Area: 49.38 acres Post-Mitigation Floodplain Area: 10.93 acres Pre-Mitigation Slopes>30%: 11.98 acres Post-Mitigation Slopes>30: 2.14 acres Existing HASC Area: 71.01 acres Preserved HASC Area: 19.98 acres Riparian HASC Rehabilitation: 0.00 acres Upland HASC Rehabilitation: 1.60 acres e. Highway Mixed Use PA Constrained Lands and HASC*: Pre-Mitigation Floodplain Area: 0.00 acres Post-Mitigation Floodplain Area: 0.00 acres Pre-Mitigation Slopes>30%: 0.00 acres Post-Mitigation Slopes>30: 0.00 acres Existing HASC Area: 0.00 acres Preserved HASC Area: 0.00 acres Riparian HASC Rehabilitation: 0.00 acres Upland HASC Rehabilitation: 0.00 acres *As proposed within the PUMP No. 1 application-Exhibits S, T and U, dated February 2022 Page 9 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx I. ECONOMIC ANALYSIS: The City contracted with independent economic consulting firm TischlerBise who provided an economic analysis of the proposed development. Their report was received and dated stamped by the City on May 11, 2021. In conjunction with the analysis provided by TischlerBise, the applicant provided an independent report completed by Zion's Bank Public Finance, whose report was received by the City on April 6, 2021 and later revised including the City's approved land values and Fiscal Impact Tool absorption category classification table was submitted to the City on July 21, 2022 as Exhibit A6 and Exhibit A7. The economic analysis is attached to the staff report and incorporated herein by reference. J. LAND USE MASTER PLAN: The applicant's justification of the compliance with the requirements of the Land Use Master Plan within PUMP No. 1 is addressed in the applicant's narrative received by the City on August 19, 2021 (updated on March 14, 2022) and the applicants Planning Unit Master Plan No. 1 Exhibit D1 —Overall Land Use Plan, in addition to Exhibits D2-D5, each dated February 2022, respectively,which are attached to the staff report and incorporated herein by reference. K. PHASING PLAN: The applicant's justification of the compliance with the requirements of the Phasing Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicants Planning Unit Master Plan No. 1 Exhibit E — Phasing Plan, dated February 2022, which are attached to the staff report and incorporated herein by reference. L. STREETS AND CIRCULATION MASTER PLAN: The applicant's justification of the compliance with the requirements of the Street and Circulation Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicants Planning Unit Master Plan No. 1 Exhibit F - Street and Circulation Plan and Exhibit G— Street Sections, each dated December 2021, respectively, which are attached to the staff report and incorporated herein by reference. The Ada County Highway District(ACHD) issued an email dated November 11, 2021. The Idaho Transportation Department (ITD) issued a letter dated January 24, 2022. Both are attached to the staff report and incorporated herein by reference. M. POTABLE WATER MASTER PLAN: The applicant's justification of the compliance with the requirements of the Water Facilities Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No. 1 Exhibit H—Potable Water Plan and Exhibit I—Potable Water Plan with Pressure Zones, each dated June 2021, respectively, which are attached to the staff report and incorporated herein by reference. The City Engineer issued a letter of approval on December 23, 2021, which is attached to the staff report and incorporated herein by reference. Page 10 of 32 K.\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF docx N. WASTEWATER MASTER PLAN: The applicant's justification of the compliance with the requirements of the Wastewater Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022)and the applicants Planned Unit Master Plan No. 1, Exhibit J - Wastewater Plan, dated June 2021. The location of the 32.19-acre wastewater treatment plant site for the effluent is identified on applicant's Planning Unit Master Plan No.1,Land Use Plan-Exhibit D1—Overall Land Use Plan, dated February 2022, which are attached to the staff report and incorporated herein by reference. The Eagle Sewer District issued a letter on December 15, 2021, which is attached to the staff report and incorporated herein by reference. O. DRAINAGE MASTER PLAN: The applicant's justification of the compliance with the requirements of the Drainage Master Plan within PUMP No.1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No. 1 Exhibit K— Drainage Plan Existing, Exhibit L — Drainage Plan Proposed Overall, and Exhibit M—Drainage Plan Proposed, each dated June 2021, respectively, which are attached to the staff report and incorporated herein by reference. The City received a letter of approval from FEMA of the M3 CLOMR on November 18, 2013. All development within Spring Valley PUMP No. 1 shall be reviewed and approved consistent with Eagle City Code Title 10: Floodways. P. PRESSURIZED IRRIGATION MASTER PLAN: The applicant's justification of the compliance with the requirements of the Pressure Irrigation Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No. 1 Exhibit N-Pressure Irrigation Plan,dated June 2021,which are attached to the staff report and incorporated herein by reference. Q. POWER&GAS PLAN: The applicant's justification of the compliance with the requirements of the Power and Gas Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No. 1 Exhibit 0-Pressure Irrigation Plan, dated June 2021,which are attached to the staff report and incorporated herein by reference. R. PARKS,TRAILS, AND OPEN SPACE PLAN: The applicant's justification of the compliance with the requirements of the Parks, Trails, and Open Space Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No. 1 Exhibit P—Parks, Trails, and Open Space Plan, dated February 2022,which are attached to the staff report and incorporated herein by reference. Exhibit P—Parks, Trails, and Open Space went before the City's PPRC for review. Their letter of recommendation is attached to the staff report and incorporated herein by reference. Page 11 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#l\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx S. LOT OPEN SPACE ADJACENCY PLAN: The applicant's justification of the compliance with the requirements of the Lot Open Space Adjacency Master Plan within PUMP No.1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No. 1 Exhibit Q1 —Lot Open Space Adjacency Plan, dated February 2022,which are attached to the staff report and incorporated herein by reference. T. ENVIRONMENTAL DESIGN MASTER PLAN: The applicant's justification of the compliance with the requirements of the Environmental Design Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No.1 Exhibits R and S — Environmental Design Plan, each dated February 2022, which are attached to the staff report and incorporated herein by reference. U. CONSTRAINED LANDS PLAN: The applicant's justification of the compliance with the requirements of the Environmental Design Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No.1 Exhibit T — Constrained Lands Plan, dated February 2022, which are attached to the staff report and incorporated herein by reference. V. HABITAT AREA OF SPECIAL CONCERN PLAN: The applicant's justification of the compliance with the requirements of the Environmental Design Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No.1 Exhibit U — Habitat Area of Special Concern Plan, dated February 2022, which are attached to the staff report and incorporated herein by reference. W. SUPER PAD/LARGE PARCEL MASTER PLAN: The applicant's justification of the compliance with the requirements of the Super Pad / Large Parcel Master Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicant's Planning Unit Master Plan No.1 Exhibit V — Master Developer Parcel Inventory Map, dated February 8, 2022,which are attached to the staff report and incorporated herein by reference. X. PUBLIC FACILITIES MASTER PLAN: The applicant's justification of the compliance with the requirements of the Master Public Facilities Plan within PUMP No. 1 is addressed in the applicant's narrative received and date stamped by the City on August 19, 2021 (updated on March 14, 2022) and the applicants Planning Unit Master Plan No.1 Exhibit W—Master Public Facilities Plan, dated February 2022, which are attached to the staff report and incorporated herein by reference. Page 12 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No l PZF.docx Y. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: • City Engineer: All comments within the engineer's noted and dated below are of special concern: o Planning Unit Master Streets and Circulation Plan(letter dated February 28,2022) o Planning Unit Master Potable Water Plan(letter dated December 23, 2021) o Planning Unit Master Wastewater Plan(letter dated February 28, 2022) o Planning Unit Master Drainage Plan(letter dated February 28,2022) o Planning Unit Master Pressurized Irrigation Plan(letter dated February 28,2022) • City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo are of special concern(letter dated February 23,2022) • Ada County Highway District(email dated November 15, 2021) • COMPASS (letter date stamped by the City on March 18, 2022) • Eagle Fire Department(letter dated October 6, 2021) • Eagle Sewer District(email dated December 15,2021) • Farmer's Union Ditch Company,Ltd. (letter dated March 11, 2022) • Idaho Transportation Department(letter dated January 24, 2022) • Star Fire Protection District(letter dated January 7, 2022) • West Ada School District(letter dated October 29,2021) Z. LETTERS FROM THE PUBLIC:None received to date. AA. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: Page 7 of Exhibit A6—Economic Impact Analysis, provided by Zion's Public Finance, outlines a tentative development schedule beginning in 2023 with an anticipated completion date for Spring Valley in 2037. The applicant's narrative, dated March 14, 2022, states, on page 2, item C, that the overall development will occur of a 20-to-30-year timespan. Exhibit E —Phasing Plan, dated February 2022, reflects the developer's anticipated progression of development within PUMP No. 1. BB. REQUIRED FINDINGS FOR A PLANNING UNIT MASTER PLAN: 11A-7-5A-2 -ACTION BY PLANNING&ZONING COMMISSION: Upon making a recommendation the Commission shall specify in writing: a. The ordinances and standards used in evaluating the application; b. The facts submitted with the application and presented establishes that: 1) The PUMP substantially conforms with: the PADA and subsequent amendments; this Title; applicable master plans approved by the City; and/or other applicable information reasonably relied on by the City necessary to uphold the intent of the PADA and this Title: 2) Streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities, if any, will not generate traffic is such amounts as to overload the street network, Page 13 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#l\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF docx 3) The proposed commercial/non-residential development is justified at the locations proposed and is consistent with the PADA; 4) The information provided from the agencies having jurisdiction over public facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed within the PUMP area. The Planning Unit will be served, or is conditioned to be served, by adequate public services. c) A summary of the current status of overall Planning Area density, Open Space, Community Centers, Neighborhood Centers, re-assignment of densities, and other adjustable factors as set forth in the PADA. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: See the Eagle Foothills Subarea Plan and the Findings of Fact and Conclusions of law for RZ-19- 06, including MOD 1 and MOD 2. These documents are incorporated herein by reference. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 1.2 Planned Development: 2nd Paragraph: City hereby authorizes Developer to include in Planning Unit Master Plans the types of uses that are the same as or similar to (as reasonably determined by City's Zoning Administrator), and densities and intensities of uses equal to or less than, those set forth in this Agreement and/or Title 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. 1.4 Planning Concept: Starting at 2nd Paragraph: The Project is planned for a Base Project Density of 0.5 units per gross acre, or 3,008 dwelling units, and 245 acres for Non-Residential Use. Through the application of the Bonus Density provisions, the Maximum Density may be increased up to 1.19 units per gross acre,not to exceed 7,160 dwelling units, and 245 acres for Non-Residential Use. In the event that any of the Non-Residential Use lands within a Planning Area are developed as residential, 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. Page 14 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF docx • 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, Dl, 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. 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 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 by the Planning & 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 Page 15 of 32 K\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx 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. 2.1 Traffic and Circulation: (a) Ada County Highway District; Idaho Transportation Department. Improvements to the ACHD and/or ITD Traffic System, as applicable, within the Project shall be provided at the direction of ACHD, ITD or some other legally-constituted entity with jurisdiction over the 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. (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, Planning Unit Master Streets& Circulation Plans and the Phasing Plan and all planning and study documents of ACHD. (d) ITD Traffic System: Developer, with consultation with ITD, will design, engineer, construct, acquire, install, permit and dedicate the ITD System within and/or adjacent and/or proportional to the Project's impacts in accordance with the Master Streets & Circulation Plan, Planning Unit Master Streets& Circulation Plans and Phasing Plan and all planning and 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 Page 16 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx 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. 2.2 Water: (a) Municipal Water Right; Monitoring Plan: Pursuant to that certain Assignment of Application and Permit dated and filed with IDWR on June 13, 2011, which remains in effect and is applicable to this Agreement, Developer has conveyed to City ground water right no. 63-32573 (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. (b) Irrigation and Related Uses: The Irrigation System shall be effluent (including reuse) or other systems used for storage, delivery and the use of treated effluent on site, any water right 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 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. Page 17 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx 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. 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 good faith efforts to cooperate with Developer in connection with any of Developer's applications to FEMA to modify relevant flood maps to reflect actual conditions. 2.5 Public Facilities: (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. 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. (b) Fire: Fire services are now provided to City by Eagle Fire District and Star Fire District (individually, the "Fire District" and collectively, the "Fire Districts"). Unless City becomes the entity responsible, City shall not be obligated to provide fire services to the Property. Fire water flows shall be provided by the Water System and all fire protection infrastructure will 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 Page 18 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP kl\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx 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. (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 enhancing the technology in one or more schools constructed by School District on the Property. Developer generally has identified potential school sites within the Project, as depicted on the Master Parks, Trails and Public Facilities 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 Master Plan by Planning Unit Master Plan basis. The final number of school sites, the type of schools and their locations shall be identified in the appropriate Planning Unit Master Plan. (d)Library and Other Municipal Services: City shall provide library and such other municipal services to the Property on the same basis as is provided to other residents and businesses within City. Developer shall offer to City up to a four-acre site (subject to actual needs and based upon an approved site plan) for donation to City, with utilities stubbed, or to be stubbed, to such site to accommodate the development of the type of library and other 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 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 providing 40%or more of the Project area as Open Space in exchange for Bonus Density described in section 1.4, above. Each Planning Area shall contain a minimum of 15% of its total gross acres as Open Space. A Master Parks, Trails and Open Space Plan for the Project is shown on 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 Page 19 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF docx three. Developer will submit to City a more detailed Master Parks, Trails and Open Space Plan concurrently with the submittal of the first Planning Unit Master Plan or portion thereof. (b) A Planning Unit Master Parks, Trails and Open Space Plan: A Planning Unit Master Parks, Trails and Open Space Plan shall be submitted as part of the Planning Unit Master Plan that generally conforms to the Master Parks, Trails and Open Space Plan and will address roadway crossings, habitat,trails within the Eagle Regional Park, ownership or intent to dedicate park facilities if known at the time of submittal. (f) Maintenance of Regional Open Space: Developer acknowledges the significance of the 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. 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 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. 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. Page 20 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx 3.2 Amendments: 2nd Paragraph: No moratorium, future ordinance, resolution or other land use rule or regulation imposing a limitation on the development or the rate,timing or sequencing of the development, of the Property or any portion thereof shall apply to or govern the development of the Property whether affecting land use permits, subdivision plats, building permits, occupancy permits or other entitlements to use issued or granted by City, except as otherwise 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. B. PLANNED DEVELOPMENTS CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 11A-7-1: PURPOSE, GOALS,AND OBJECTIVES: A. The purpose of the Planning Unit Master Plan is to ensure that the land uses and densities prescribe for development are consistent with the PADA and this Title 11 A prior to subdivision; B. A Planning Unit Master Plan should reflect an area within Spring Valley that the Planning Unit developer is proposing to subdivide in the future; C. The Planning Unit Master Plan may address a portion of a Planning Area, a complete Planning Area, or more than one Planning Area. 11A-7-2: PUMP COMPLIANCE WITH PADA: The PUMP process is intended to demonstrate substantial conformance with the land use and infrastructure requirements found within the approved PADA dated January 15, 2014. The PUMP does not provide or constitute approval(s)to construct or develop the site. An application for approval of a PUMP may be filed by a property owner or a person having an existing interest in the property to be included in the PUMP. 11A-7-3: OWNERSHIP REQUIREMENTS: The PUMP application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holder(s) of an equitable interest in such property. Documentation showing the approval by the Master Developer shall be presented at the time of application submittal. D. DISCUSSION: • Per Exhibit D2—"Southwestern Planning Area", dated February 2022, Lot 13 (located within the Southwestern Residential PA) 12.10-acres in size is identified for"future public facilities and/or HOA amenities", these amenities include a school site, police station, Library of other municipal services. The West Ada School District, in a letter dated October 29, 2021, has requested that the site be preserved for a future potential school site while the district evaluates their needs for a school within the Spring Valley development, as well as if this is the appropriate location within the project. Additionally, the City may accept a portion of the site to fulfill the obligation under paragraph 2.5 "Public Facilities", sections (a) "Police" and (d) "Library and Other Municipal Services".— it is at the Council's sole discretion to accept a Page 21 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx portion of this lot or provide direction to the developer as to the desired location for police, library, and other municipal services. In collaboration with the developer, the City should evaluate the lot for municipal use. Until such time as the City and school district determine a desire for the property the site shall be maintained and operated by the HOA as an amenity for the site, this includes open space or garden areas as determined by the developer. The applicant should be required to place a deed restriction and/or plat note on Lot 13 at the time of the preliminary plat submittal associated with Lot 13 stating that there is no further development potential for this lot and that it is reserved for dedication towards future public facilities and/or HOA amenities only. • The applicant is proposing to relocate bonus density units associated with Neighborhood Centers from the Southwestern Residential Planning Area to the Southern Residential Planning Area. Exhibit D4 "Southwestern Residential Planning Area - Uses/Design" of the development agreement states, "This Planning Area is also planned to have a 17-acre Neighborhood Center which may be part of a larger village center." Additionally, paragraph 1.4"Planning Concept,Table 1: Project Summary"of the development agreement reflects the inclusion of up to 24-acres of Neighborhood Center and an associated 240 bonus density units within the Planning Area. The Southern Residential Planning Area does not include any Neighborhood Center acreage or allotted bonus densities, however paragraph 1.7 "Allocation; Density" allows the developer the ability to allocate density and/or non-residential use acreage, from planning areas or planning units to other planning areas or planning units at any time. Upon approval of PUMP No. 1,the Neighborhood Center acreage and associated units should be transferred from the Southwestern Planning Area to the Southern Planning Area. At no time should the property exceed the designed 240-acres and 2,240 units of bonus density associated with Neighborhood Centers. • Exhibit D2-3 within the development agreement shows the Northern Residential PA to contain potential high school within Lot 22. As proposed in the submitted exhibit D-4 "Northern Planning Area Land Use Plan", dated February 2022, no high school site is included within the proposed design. Page 7 of the submitted narrative, dated March 14, 2022, clarifies that, due to the low student generation rate of 0.5 per household, the West Ada School District does not anticipate needing a high school site as was previously located. The developer should continue to work with West Ada School District and the City to plan for these needs in future PUMP submittals. • Exhibit D2-3 within the development agreement shows the Northern Residential PA to contain a golf course, HOA & Recreation Club, Clubhouse/Winery and Vineyards within Lots 24, 25, 26, and 28. As proposed in the submitted exhibit D-4 "Northern Planning Area Land Use Plan", dated February 2022, none of the aforementioned amenities are included within the proposed design. Page 6 of the submitted narrative, dated March 14, 2022, states the amenities associated with the winery and golf course are not included within PUMP No. 1, "but are still anticipated to be included within the overall project and will be located further to the north and east in the Northern Planning Area." • The development agreement requires that of the existing 1,160-acres of land designated as Habitat Area of Special Concern (HASC), that a minimum of 50% (580-acres) are preserved and/or mitigated. 453.36-acres of HASC area are included within PUMP No. 1, of which 194.62-acres are to be preserved or be rehabilitated. The preserved/rehabilitated areas only Page 22 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx equate to 43%of the total HASC area within PUMP No. 1 which is below the 50%minimum requirement for the overall project. However, when areas of the HASC that are outside of PUMP No. 1 are included within the calculations, the preserved or rehabilitated area is 72.5%. The City will continue to track development and mitigation in HASC areas in future PUMP submittals to ensure that the area to be preserved and/or rehabilitated remain above the 50%requirement. • Per Exhibit W—"Master Public Facilities Plan," dated February 2022, Lot 1 is designated as a Waste Water Treatment Plant. If the location is approved, the applicant should place a deed restriction and/or plat note on Lot 1 reserving it for dedication towards the waste water treatment plant at the time of plat submittal. • Per Exhibit W — "Master Public Facilities Plan," dated February 2022, Lot 17 designates a potential Fire Station location within the Southern Planning Area. Additionally, dedication of land and financial support for the inclusion of fire facilities is required within the development agreement. At this time, neither the Eagle Fire District or the Middleton/Star Fire District have stated their intent to locate a fire station at this specific location. The developer should continue to discuss locations of potential fire station locations with the applicable fire districts in future PUMP submittals. The applicant should provide a written statement to the City from the local fire entities stating that no land dedication for the use of a fire station within Lot 17 is requested at the time of the submittal of the preliminary plat application associated with Lot 17. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on March 21, 2022, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The availability of water within the development is a concern and will remain a critical component of planning and design as the region and this development continue to grow. • The information presented by the applicant's engineering team regarding the existing aquifers and the on-going monitoring systems that are in place demonstrates that a high level of work and research into a complex subject was completed. • The aesthetic of the project presented, including the home styles and open space,was very appealing. • The Commission stated concerns with the phasing of the project as it relates to the implementation of commercial and retail land uses within the development. While it is understood that retail development requires support from a residential population base within a serviceable proximity, the planned population growth of this development that is anticipated to occur prior to the implementation of essential services within Spring Valley will increase the number vehicular trips onto the local street and highway network. • The Commission stated that it would have been beneficial to include a mechanism within the development agreement that would establish minimum retail building sizes within Spring Valley to Page 23 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx ensure that essential goods like neighborhood grocery stores would be required to be included within the development. Currently, nothing necessarily precludes the commercial uses to be anything more than small-scale specialty retail which would not greatly reduce vehicle trips outside of the development. • The letter provided by the West Ada School District citing student generation rates that are lower than what has been typically utilized by the school district speaks to the anticipated high cost of housing that is expected within Spring Valley which leads to general unaffordability by families with school age children. The Commission would like to see some aspect of affordability is integrated into the development. COMMISSIONS DECISION: The Commission voted 4 to 0(McCauley absent)to recommend approval of PU-01-21 for a Planned Unit Master Plan (PUMP) for Spring Valley with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. All PUMP No.1 Master plans, as approved or conditioned for approval, shall be used to evaluate and establish conditions of approval for any and all preliminary plat submittals within the Boundary of PUMP No. 1. 2. Comply with all requirements of the Ada County Highway District and the Idaho Transportation Department. All Planning Unit Master Plan maps shall be updated consistent with ACHD & ITD approvals, including,but not limited to,the Transportation Mitigation Agreement(TMA). 3. The applicant shall submit payment to the City for all outstanding fees (planning, engineering, and legal) incurred for reviewing this PUMP, prior to approval of a preliminary plat for the area contained within the PUMP. 4. No grading shall occur on the site, including the wastewater land application site, until the applicant has received approval from the City in accordance with the Spring Valley Grading and Hillside Development Standards. 5. The applicant shall comply with all conditions referenced within the City Engineer's letters below regarding the following PUMP No. 1 submittals, as summarized in the letter provided by the City Engineer dated February 28, 2022: a. Planning Unit Master Streets and Circulation Plan(letter dated February 28,2022) b. Planning Unit Master Potable Water Plan(letter dated December 23, 2021) c. Planning Unit Master Wastewater Plan(letter dated February 28,2022) d. Planning Unit Master Drainage Plan(letter dated February 28,2022) e. Planning Unit Master Pressurized Irrigation Plan(letter dated February 28,2022) 6. The applicant shall design the joint trench with fiber optic conduit at the time of preliminary plat submittal as is needed to ensure that all development within Spring Valley can be serviced with fiberoptic interne service as the service becomes available to the area. 7. The applicant shall be required to place a deed restriction and/or plat note on Lot 1, as identified within PUMP No. 1 Exhibit D1 — Overall Land Use Plan (dated February 2022), reserving it for dedication towards the waste water treatment plant at the time of submittal of the plat associated with Lot 1. Page 24 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx 8. The applicant shall be required to place a deed restriction and/or plat note on Lot 13, as identified within PUMP No. 1 Exhibit D1 — Overall Land Use Plan (dated February 2022) reserving it for dedication towards future public facilities and/or HOA amenities at the time of submittal of the plat associated with Lot 13. 9. Exhibit W—Master Public Facilities Plan, dated February 2022, indicates a potential fire station at this location. The applicant shall work with the applicable fire agencies to determine the number and location of potential fire stations within the PUMP No. 1 and subsequent PUMP submittals. If no land dedication for the purpose of developing a fire station within Lot 17 of is requested, the applicant should provide a written statement to the City from the applicable fire agencies stating that no land dedication is requested within Lot 17 at the time of the submittal of the preliminary plat application associated with Lot 17. 10. The applicant shall comply with the PPRC recommendations within the letter dated February 23, 2022. 11. Big Gulch Parkway has been identified as an informal collector and shall be developed, landscaped and maintained as a collector consistent with PUMP No.1 Exhibit R—Environmental Design Plan, dated February 2022. 12. The applicant shall provide evidence that Spring Valley has contracted with a licensed operator for the wastewater transmission or proof of annexation into the Eagle Sewer District prior to the submittal of a final plat application within PUMP No.1. 13. The applicant shall provide to the HOA, any necessary entity, and/or operator any access easements to the reuse/land application site and sewer transmission lines prior to the City's issuance of a zoning certificate for the land application site. 14. The applicant shall submit a Design Review application prior to the submittal of an associated final plat application consistent with ECC Section 11A-3 for all signage, landscape, and common areas identified in Exhibit P — Parks, Trails and Open Space Plan dated February 2022) as part of the PUMP No. 1 submittal and in accordance with ECC Section 11A-7. 15. The applicant shall submit a Design Review application prior to final platting of the areas containing the facility for all public facilities (water pump houses, booster houses, sewage treatment plant, etc.) associated with PUMP No. 1. 16. The applicant shall be required to place a deed restriction and/or plat note on the Native/Undisturbed areas within the Habitat of Special Concern (HASC) areas identified to be preserved in Exhibit U— Habitat Area of Special Concern Plan (dated February 2022) at the time of final plat submittal. These preserved areas shall be identified to be managed and maintained as native and undisturbed areas and there shall be no alterations or modifications to these areas including, but not limited to, grading, drainage, landscaping, conventional maintenance. The specific wording shall be reviewed by the City Engineer and the City Attorney prior to approval of each final plat. Minor disturbance of the HASC areas for the sole purpose of the implementation and use of natural trails, as depicted in the PPRC letter dated February 23, 2022, shall be permitted. Any disturbance beyond what is required for the implementation and use of any natural trails shall be rehabilitated by the developer. 17. No development or permits shall be issued outside of the established boundary of PUMP No. 1 unless it is for an essential public facility (i.e. sewer, water, electrical, roads, or BLM access easements). These services shall remain subject to City approvals(i.e. grading, design review, and/or building permits). Page 25 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP 41\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx 18. All land uses and lots shall comply with the following and shall be subject to ECC 11A-2 at the time of preliminary plat approval: PUMP ECC No. 1 11A-2: Max. Planning Land Use Description: Density: Area: District: Regional Open Space: Regional Open Space is intended to serve the general public and may be adjacent to, or provide connection to, large scale regional open space within the City's North Eagle Foothills Planning Area. Regional Open Space may include many of the amenities provided in Community Open Space as well as active regional parks, SW regional trail corridors (such as the Big Gulch Regional Park, S Trail and Open Space Corridor), and large natural areas No N ROS planned for dedication as permanent natural open space as Residential BG part of an Eagle Regional Park and Willow Creek Road Open Density Space Corridor. Regional Open Space may be owned and maintained by the City, the Spring Valley Community Association, a land trust or other conservation group or entity. 332.09 acres of Regional Open Space is proposed within PUMP No. 1 Community Open Space: may include public, semi-public, and private recreational facilities, amphitheaters, golf courses, pathways and trails, landscape zones in and adjacent to major roadways including areas outside of a dedicated SW right-of-way, greenbelts, cultural, community, educational, and quasi-public facilities, equestrian centers and trailheads, No N COS as well as parks, playfields and natural open spaces. Residential BG Agricultural uses, such as vineyards, wineries and plant Density nurseries, are considered Community Open Space. Facilities and tracts of land owned by the Spring Valley Community Association are also considered Community Open Space. 172.98 acres of Community Open Space is proposed within PUMP No. 1 Village Center/Non-Residential: No minimum lot area. 4.0 Max. BG VC FAR* 150,000 square feet of MF1 is proposed within PUMP No. 1 Medium Density Multi-Family: Minimum open space is 20%of the site. 28 units per BG MF1 acre 265 MF1 units are proposed within PUMP No. 1 Table Continued on Page 8 Page 26 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx PUMP ECC No. 1 11A-2: Max. Planning Land Use Description: Density: Area: District: Single-Family Attached: SW Minimum lot area is not applicable. 18 units per SFA acre BG 488 SFA units are proposed within PUMP No. 1 Single-Family Special Lot: SW Minimum lot area of 3,000 square feet. 12 units per SFSL acre BG 317 SFSL units are proposed within PUMP No. 1 Single-Family 3—Single-Family Detached: SW Single-family detached units. Minimum lot area of 4,000 S SF3 square feet. 10 units per N acre BG 651 SF3 units are proposed within PUMP No. 1 Single-Family 2—Single-Family Detached: SW Single-family detached units. Minimum lot area of 6,000 N SF2 square feet. 7 units per acre BG 479 SF2 units are proposed within PUMP No. 1 SW= Southwestern Res. PA, S= Southern Res. PA,N=Northern Res. PA,BG=Big Gulch PA *FAR: Floor Area Ratio — A measurement of a building's floor area in relation to the size of the lot/parcel that the building is located on. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks,where applicable. 1. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 2. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer and/or the applicable reviewing agency, as required. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 3. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118). 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 5. Wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. Page 27 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No l PZF docx 6. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. Any homes proposed to be serviced by septic systems shall be identified on the plat and a letter of approval from Central District Health shall be required prior to the City Engineer signing the final plat. 7. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 11A-13D-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 8. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 9. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association, drainage district,drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to City Staff at the time of Design Review application submittal. All construction shall comply with the City's specifications and standards. Page 28 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, including fiberoptic internet conduit, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 16. An approval letter from the Fire District who has jurisdiction over the platted area shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the applicable fire department officials: a. The applicant has made arrangements to comply with all requirements of the Fire District who has jurisdiction over the platted area. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Fire District who has jurisdiction over the platted area prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Fire District who has jurisdiction over the platted area prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Fire District who has jurisdiction over the platted area prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all preserved and mitigated habitat areas, common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. Page 29 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway Development Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The applicant shall obtain written approval of the development relative to the effects on the floodplain (if applicable)from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 11A"Land Subdivisions"until the final plat has received the approval of the City Council(ECC 11 A-13F-5(A)(2)). 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 34. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. Page 30 of 32 K.\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP#1\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF docx 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a"Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed Planned Unit Master Plan (PUMP) No. 1 (PU-01-21) and based upon the information provided concludes that the proposed PUMP application is in accordance with the City of Eagle Title 11 A (Planned Developments): 1. The facts submitted with the application and presented establishes that: a. The PUMP substantially conforms with the PADA and subsequent amendments; this Title; applicable master plans approved by the City; and/or other applicable information reasonably relied on by the City necessary to uphold the intent of the PADA and this Title; b. Streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities, if any, will not generate traffic is such amounts as to overload the street network; c. The proposed commercial/non-residential development is justified at the locations proposed and is consistent with the PADA because it will be centrally located within the development where topography is most suited for commercial uses; d. The information provided from the agencies having jurisdiction over public facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed within the PUMP area. The Planning Unit will be served, or is conditioned to be served,by adequate public services. 2. A summary of the current status of overall Planning Area density, Open Space, Community Centers, Neighborhood Centers, re-assignment of densities, and other adjustable factors as set forth in the PADA is provided herein. Page 31 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\2021\PUMP Submittal Documents\PUMP 4l\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No I PZF.docx DATED this 4th day of April 2022. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman A I EST: GLE ab) : 0 Tracy E. 0 rn, Eagle City q1 r • o ,• Q�' :_ STA` . Page 32 of 32 K:\Planning Dept\Eagle Applications\Spring Valley\202I\PUMP Submittal Documents\PUMP 41\03-Working Files\03-Planning and Zoning\Spring Valley PUMP No 1 PZF.docx