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Findings - CC - 2022 - PP-17-21 - Preliminary Plat For Spring Valley Subdivision No. 1 BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A PRELIMINARY PLAT FOR ) SPRING VALLEY SUBDIVISION NO. 1 ) FOR GWC CAPITAL,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-17-21 The above-entitled preliminary plat application came before the Eagle City Council for their action on October 25, 2022, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT: PROJECT SUMMARY: A. GWC Capital, LLC, represented by Brook Cole, is requesting preliminary plat approval for Spring Valley Subdivision No. 1, a 53-lot (25 designated for future re-subdivision, 21-common, 7-future roadways) subdivision. The 996.84-acre site is generally located approximately 1-mile northeast of the intersection of State Highway 16 and Equest Lane(approximately 1 mile north of Beacon Light Road and Linder Road intersection). B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 8285 West Equest Lane, Eagle, at 6:00 PM, Thursday, September 16, 2021, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on December 1, 2021. A revised preliminary plat was received by the City on December 1, 2021. A second revised preliminary plat and a pre-plat exhibit were received by the City on March 17, 2021. A revised application and a third revised preliminary plat were received by the City on August 30, 2022. A revised pre-plat exhibit was received by the City on August 31,2022. A revised narrative was received by the City on September 7, 2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on December 22, 2021, in accordance with the requirements of the Eagle City Code. 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 September 2, 2022. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 1, 2022. The site was posted in accordance with the Eagle City Code on September 8, 2022. Notice of Public Hearing on the applications for the Eagle City Council was published in accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on October 7, 2022. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 7, 2022. The site was posted in accordance with the Eagle City Code on October 14,2022. Page 1 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.I cefdoc D. HISTORY OF REVELANT PREVIOUS ACTIONS: On December 11, 2007, the City Council approved an annexation and rezone application with a development agreement from RP (Rural Preservation —Ada County designation) and RR (Rural Residential — Ada County designation) to R-1-DA (Residential One with a development agreement) for M3 Eagle(A-14-06&RZ-19-06). On November 24, 2009, the City Council approved a development agreement modification to adopt the M3 Hillside and Grading Standards on November 24, 2009 (RZ-19-06 MOD1). 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. On January 11, 2011,the City Council approved the overall project-wide Habitat Mitigation Plan. On January 14, 2014, the City Council approved an amended and restated development agreement for M3/Spring Valley(RZ-19-06 MOD2). On January 14, 2014, the City Council approved the M3/Spring Valley Development Standards and by the adoption of Ordinance 710, established Eagle City Code Title 11 — Planned Developments, Chapter A—Spring Valley. On March 18, 2022, the City of Eagle Floodplain Administrator approved a Floodplain Development Permit for Alliance Consulting(FPDP-06-21). On May 24, 2022, the City Council approved a Planned Unit Master Plan (PUMP) No. 1 for Spring Valley for GWC Capital, LLC, (PU-01-21). On May 24, 2022, the City Council approved a design review for the common area landscaping along Aerie Way within Spring Valley PUMP No. 1 for GWC Capital, LLC, (DR-22-22). On May 24, 2022, the City Council approved a design review for the common area landscaping along Big Gulch Parkway, Linder Road, and Aerie Way(East) within Spring Valley PUMP No. 1 for GWC Capital,LLC, (DR-23-22). On May 24, 2022, the City Council approved a two (2) community entry monument signs for Spring Valley Subdivision for GWC Capital,LLC (DR-24-22). On August 24, 2022, the City approved a Mass Grading Permit associated with Spring Valley PUMP No. 1 for Western Construction, Inc. E. COMPANION APPLICATIONS: None Page 2 of 29 K\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.I ccfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION LAND USE Eagle Foothills Rural Residential/Large Lot Single Family(Gulch Ranch ExistingResidential with a R-1-DA Estates Subdivision&Kling Regional Open Space Estates Subdivision)/Vacant Overlay Land/Limited Agriculture Large Lot Subdivision(to Proposed No Change No Change Allow For Future Re-subdivision) Foothills Residential with RR(Rural Residential— Rural Residential/Large Lot North of site a Regional Open Space Ada County Designation) Single Family/Vacant Land/ Overlay RP (Rural Preservation— Limited Agriculture Ada County Designation) Foothills Residential with Vacant Land and Public Land South of site a Regional Open Space PS (Public/Semi-Public) (Bureau of Land Overlay Management) Foothills Residential with RR(Rural Residential— Rural Residential/Large Lot East of site a Regional Open Space Ada County Designation) Single Family(Highlander Overlay RP(Rural Preservation— Estates Subdivision)/Vacant Ada County Designation) Land/Limited Agriculture RR(Rural Residential— Rural Residential/Large Lot Foothills Residential with Single Family(Gulch Ranch a Regional Open Space Ada County Designation) Estates Subdivision& Kling of site g p p Overlay RP (Rural Preservation— Estates Subdivision)/Vacant Ada County Designation) Land/Limited Agriculture G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site—996.84-acres Total Number of Lots—53 Buildable—25 (for future re-subdivision only) Common— 21 Future Roadways—7 Total Number of Units— 2,199 (maximum) Total Acreage of Any Out-Parcels— 9.07+/- acres(based on the approved PUMP No. 1) Page 3 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Development Area 996.84-acres(inclusive of 1005.91-acres (maximum)* buildable lots, common areas, and future roadways) Total Acreage of Common Area 224.83-acres 505.07-acres* Percent of Site as Common Area 22.5% 50.2% (minimum)* * Based on conditions contained within Spring Valley PUMP No. 1 (the remaining required open space will be platted as part of re-subdivision of the lots located within Spring Valley Subdivision No. 1) GENERAL SITE DESIGN FEATURES: Landscape Screening: During the re-subdivision of the large lots the applicant will be required to provide landscape buffers between the residential lots and all collectors and arterials. Open Space: The preliminary plat, date stamped by the City on August 30, 2022, shows twenty-one (21) community open space and regional open space lots consisting of 224.83-acres (22.55%) of total area of associated with the preliminary plat. The proposed subdivision will contain a large linear regional park with a multi-use pathway system running the length of the Big Gulch land feature. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 11A-13C-4 requires utility easements to be not less than 12-feet-wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Star Fire Protection District. On-site Septic System—No Preservation of Existing Natural Features: As part of the Planned Unit Master Plan(PUMP)No. 1 for Spring Valley the applicant is required to comply with the Habitat of Special Concern Plan(dated February 2022) at the time of final plat submittal. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. Page 4 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccfdoc J. STREET DESIGN: Public Streets: See the ACHD "Spring Valley—Large Lot/EPP-21-0012/PP-17-21" report, date stamped by the City on August 17,2022(attached to the staff report). Applicant's Justification for Private Streets(if proposed): None proposed Blocks Less Than 500': None proposed. Cul-de-sac Design: Big Gulch Parkway: One (1) cul-de-sac is proposed: Approximately 8,740-feet in length, 50-foot radius Sidewalks: See the ACHD "Spring Valley—Large Lot/EPP-21-0012/PP-17-21"report, date stamped by the City on August 17,2022(attached to the staff report). Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The applicant is proposing 10-foot wide detached greenways (pathways) located on each side of Big Gulch Parkway,Aerie Way,and Linder Road. L. PUBLIC USES PROPOSED: The applicant is proposing to dedicate the following uses to the public: • Wastewater treatment plant(dedicated to Eagle Sewer District upon completion) • Two(2)potable water wells(dedicated to the City of Eagle) • Two(2)potable water storage tanks and booster stations(dedicated to the City of Eagle) • School site(dedicated to the West Ada School District) • Public trailways M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 5 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.1 crfdoc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — Yes — As identified within the Habitat of Special Concern Plan(dated February 2022) Evidence of Erosion—No Fish Habitat—No Floodplain—Yes—The applicant has an approved Conditional Letter of Map Revision(CLOMR) and approved Floodplain Development Permit for work within the floodplain area(FPDP-06-21). Mature Trees—No Riparian Vegetation—No Steep Slopes—Yes—The site contains 67.85-acres that exceeds 30% Stream/Creek—Yes—Big Gulch Channel and Farmer's Union Canal Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—Yes—Habitat of Special Concern Plan(dated February 2022) O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: A Habitat Mitigation Plan was previously submitted and subsequently reviewed on behalf of the City by an environmental consultant (ECS) and a letter of adequacy stating the plan was sufficient was provided. Upon review and approval by ECS the City Council approved the Habitat Mitigation Plan. The applicant submitted a Habitat Areas of Special Concern Plan (HASC) as part of the Spring Valley PUMP No. 1 application to address concerns identified within the Habitat Mitigation Plan. The plans are incorporated herein by reference. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. City Engineer: All comments within the engineer's letter dated September 9, 2022 are of special concern(attached to the staff report). Ada County Highway District Ballentyne Ditch Company Central District Health Department of Environmental Quality Idaho Transportation Department Marathon Pipe Line Star Fire Protection District Q. LETTERS FROM THE PUBLIC: None received to date. Page 6 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files Spring Valley Sub No.I cctdoc THE CITY COUNCIL RECEIVED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6—Land Use 6.3 Land Use Designations The Comprehensive Plan designates this site as: Foothills Residential A unique combination of land uses within the Eagle Foothills that strives to balance residential, non-residential, and open space (developed and natural) use to create unique hamlets of development that place urban development within the natural environment without overcrowding or significantly altering the natural features found on the site. The overall density in the foothills should be approximately 1 unit per two acres. Residential densities should be calculated to be commensurate with the existing land conditions. Priorities for open space areas should be lands with slopes of 25% or greater and important habitat areas. No residential density should be granted for areas located within the Floodway. Units should be arranged in accordance with the transect plan as described in the Foothills planning area. 6.14 Land Use Sub Area The Comprehensive Plan designates this site to be located within the North Eagle Foothills Planning Area. B. PLANNED UNIT MASTER PLAN (PUMP) PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: See Planning Unit Master Plan (PUMP) No. 1 for Spring Valley, City Council findings of fact and conclusions of law,dated May 24, 2022 (attached to the staff report). C. SPRING VALLEY DEVELOPMENT ORDINANCE (EAGLE CITY CODE TITLE 11A) PROVISINS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 11A-3-7: Landscape and Buffer Area Requirements: A. Overview and Intent: The existing (non-developed) landscape character of Spring Valley, and much of the North Eagle Foothills, is predominantly non-native grasslands with some shrubs and agriculture and is quite different from the rest of Eagle and the Boise River corridor which contain dense plantings and large buffer areas along arterials and collector roadways, irrigated pastures, and riparian woodlands. The intent of these standards is to provide a landscape character that is appropriate to the foothills and balances aesthetics and livability with water demands and availability. These standards promote water conservation through the use of treated effluent for irrigation, efficient irrigation systems, and the use of native and other plants that require little or no irrigation to survive. In addition, these Guidelines shall be used in conjunction with the Grading Guidelines and Hillside Development Standards, Habitat Mitigation Plan and Wildfire Management Plan. Page 7 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc The landscape concept for Spring Valley can be best described as a "Foothills Landscape." This concept is based on the landscape of the northern Rocky Mountain foothills and high-plains prairie. Foothills Landscape will be characterized by diverse layers of both deciduous and evergreen shrubs and trees that will create interest through its broad palette of indigenous material and other plants, including turf, utilized throughout the region. This concept also takes advantage of soil and exposure conditions to develop potential vineyard groves throughout the community with the rolling foothills as the backdrop. F. Irrigation Required: An underground automatic irrigation system is required for all development as defined in Chapter 11A-3-1 of this Title except as described below. 1. All required landscaped areas must be provided with an automatic underground irrigation system except upland re-vegetation areas that are intended to be naturalized (consisting of plant species that indigenous to or compatible with the area and do not require permanent irrigation). An above-ground system or hand watering may be used on a temporary basis until such areas are established and stabilized. Such areas are considered established and stabilized when a minimum of seventy percent(70%) of the re-vegetated area can exist without such supplemental watering. 2. The system shall be equipped with a reduced pressure backflow prevention device. 8. Use of non-potable water(treated effluent or re-use water) for use in the irrigation of lawn and plant material is required for public and common areas when available. Such systems may be phased or transitioned from potable water as treated effluent becomes available over time. Areas for transition shall be identified on the irrigation plans. Such public and common areas include: a. Landscape along arterial and collector roadways b. Parks and sports fields c. Golf courses d. Community gardens e. Lakes and ponds f. Slopes 9. Reuse water may also be used for aquifer recharge and recovery subject to IDWR approval. 10. The master developer shall install the re-use system that is separate from the potable water system and meets all applicable state and local regulations. Stubs shall be provided to individual parcels to allow parcel developers to tie into the system as needed to irrigate common areas within the parcel. Such system may initially be installed as a dry line system to provide future connection to the re-use system when re-use water becomes available. 11. All non-potable water access points shall be clearly and permanently labeled with markers indicating that the water is not safe for human consumption. 12. Maintain all irrigation systems to ensure proper operation and water conservation. K. Buffer Areas/Common Lots 4. Major Roadways: Residential developments within Spring Valley, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, and State Highways, as shown on Exhibit 3- A, or as determined by ACHD or ITD, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a Page 8 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.I cctdoc common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, except as noted below, shall be measured from the elevation of the fmal grade of the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width,plantings, walls and fencing are described in subsection L below: Exhibit 3-A MASTER STREETS AND CIRCULATION PLAN rA;.• Foothills Principal Arterial co Foothills Minor Arterial e �Cv®Collector Street (U 1mi is Principal Arterial(Highway 16) Potential Roundabout Locations B Note: Subject so ACHD approval at me of dev bpma• : A A !�, f � - r car tifi:arnAi.rnat; ,VS k. dr L. Streetscapes The following standards shall apply to Spring Valley internal and perimeter roadways as shown on Exhibit 4-A above. In all cases, any planting within public rights of way shall be with approval from the public entity owning the property. (The rights of way widths and pavement areas in the sections below are shown for illustrative purposes only. Actual rights of way widths and lane configurations will be determined by ACHD and ITD as appropriate.) 2. Collector Streets a. The landscape buffer for collector streets shall be twenty feet (20') minimum except where it is adjacent to single family residential uses where it shall be thirty five feet(35')minimum(not including right of way). See Exhibit 4-D. b. A detached sidewalk shall be provided on both sides of the street at least eight feet (8') from the back of curb. The sidewalk shall be a minimum of five feet (5') wide and may or may not meander depending on the streetscape concept shown on the PUMP. Sidewalks may be attached to the curb in front of bus pullouts, drop-off areas, on-street parking areas, and similar circumstances as approved by ACHD and the city, but shall be six feet (6') minimum width in Page 9 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.I ccfdoc such locations. An eight foot (8') wide multi-use pathway on one side of the street may be approved by the city within low density areas(one(1)acre lots and larger) or along streets adjacent to regional open space depending on the streetscape approved by the City on the PUMP. c. The following plant material shall be provided, at a minimum, within the limits of the buffer area: (1) Two (2)trees per one hundred(100) linear feet of street frontage except next to single family residential uses where there shall be three (3) trees per one hundred(100)linear feet. (2) One (1) shrub/groundcover per seventy five (75) square feet of buffer area (excluding sidewalks, drives and other hardscape areas). Turf may be used in place of shrubs/groundcovers, but the amount used shall not exceed 50% of the landscape area on a plat by plat or phase by phase basis. d. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or fence, or combination thereof shall be provided within or at the limits of the buffer area adjacent to single family residential lots or at the property lines of such lots. The maximum slope for any berm, if provided, shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. Walls or fencing are not required adjacent to multi-family residential uses except when necessary to provide a buffer to enclose private outdoor living space, non- residential uses or open space. • • I � l „Walk, g' Pavement Area 1, Median Pavement Area 8' Wolk y2, �/ „Walk, R.O.W. 2� 35'Landscape 20'Landscape Buffer(Min.) Buffer(Min.) Adjacent to Single Adjacent to Non-Single Family Residential Family Residential Exhibit 4-D Collector Street Section Page 10 of 29 K\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 cctdoc 7. Medians a. The minimum width of a median, if provided, that will support trees is eight feet (8') for Class II trees and ten feet (10') for Class I and III trees. The minimum width of a median that will support turf is ten feet(10'). The minimum width of a median that will support shrubs and groundcovers is four feet(4'). If a median or median nose is narrower than four feet (4'), the area shall be filled with stamped concrete, decorative pavers or rock. Medians will generally be provided on arterial, collector and urban streets. b. The following plant material shall be provided, at a minimum,within the median: (1) One (1) tree per fifty (50) linear feet of median. (A minimum of two (2) trees are required in medians over thirty five feet(35')in length.) (2) One (1) shrub/groundcover per seventy five (75) square feet of landscaped area. Turf may be used in place of shrubs/groundcovers, but the amount of turf shall not exceed fifty percent (50%) of the landscaped area on a plat by plat or phase by phase basis. (3) In the event a median is less than thirty five feet(35') in length, a single tree shall be permitted. Shrub/groundcover and turf requirements (above) would apply. N. Wetland/Riparian Areas Wetland and riparian area construction and maintenance shall follow the principles and guidelines contained sections 7.4.3 through 7.4.5 and Appendix B of the Spring Valley Habitat Mitigation Plan. A plant list for wetland/riparian areas is contained subsection Y of this Chapter. O. Slope Re-Vegetation for Naturalized Areas Disturbed and manufactured slopes with the Habitat Areas of Special Concern (HASC), as identified in the Habitat Mitigation Plan, that are intended to be restored to a natural- like condition shall be identified on the Planning Unit Master Habitat Mitigation Plan and re-vegetated with a combination of grasses, forbs and shrubs native to the region or otherwise favorable to regional climactic and soil conditions. Re-vegetation may also occur on other existing open space areas to be retained within the HASC that have been affected by fire or have otherwise been degraded. 1. Re-vegetation shall follow the recommendations and criteria in the Habitat Mitigation Plan, Sections 7.4.4 through 7.4.5. 2. A plant list for use in natural slope re-vegetation in upland areas is contained in subsection Y of these guidelines. Seed mixes and rates shall be based on Natural Resource Conservation Service (NRCS) or other approved guidelines. Seed mixes may be adjusted as necessary according to the response and success of the re- vegetation project. Native and approved non-native shrubs may also be planted from container material, plugs or transplants to supplement the seed mix to increase the success rate of the re-vegetation application and for soil stability and aesthetics. 3. Native species shall be emphasized, but desirable non-native species may also be included for structural and functional components. Non-native species shall be sterile or non-aggressive, i.e. they won't compete or displace more desirable native species. Page 11 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccfdoc 4. Temporary irrigation may be used to facilitate plant establishment and growth rates but shall be discontinued after establishment as defined in subsection F-17-d of this Chapter. 5. Seedings without irrigation shall be allowed to germinate for approximately one (1) year based on seasonal and time constraints. The following year (early spring), plugs, super-cells, potted plants and transplants of a variety of grasses, forbs and shrubs may be added to re-establish a diverse stand of native or desired species. 6. Seed application shall be by rangeland drill (set to the appropriate depth) or broadcasting (hydroseeding). Broadcast seeding shall require scarification of the soil surface. 7. All areas shall be classified in a Noxious Zone at the time of PUMP approval. Noxious weed control shall comply with the noxious weed containment plan per section 7.4.5 of the Habitat Mitigation Plan. 8. Success of re-vegetation objectives shall be based on the habitat quality descriptors defined in Table 2 of the Habitat Mitigation Plan., 9. All natural slope re-vegetation shall be fully established within five (5) growing seasons. Such areas shall be considered established when a minimum of seventy percent(70%)of the plants can exist on rainfall alone, see F-17-d of these standards. • Eagle City Code Section 11A-3-9: Lighting: B. Street Lighting 1. The master developer or subdivision developer shall install streetlights at locations described in subsection B4 below (and as approved by the Administrator). After installation and acceptance by the Administrator, the owners' association shall pay the cost of maintenance and power and assume ownership of the streetlights. 4. Streetlights shall be generally placed at intersections, at the end of cul-de-sacs and other locations as necessary and subject to city approval to provide for roadway and neighborhood safety. Streetlight spacing between intersections shall be as follow: (1) Type A Street Light: One thousand feet (1,000') maximum or as otherwise determined by the city. (2) Type B Street Light: Thirteen hundred feet (1,300') maximum or as otherwise determined by the city. D. Pathway/Trail Lighting 1. Pathway/trail lighting shall consist of two types—pole lights and bollard lights. Pole lights are identical to parking area lights and are located at trailheads, pathway/trail entries and intersections and other focal points, such as seating areas. Bollard lights shall be located along the paved section of the Big Gulch Regional Trail. Bollard lights shall be a concrete rusted finish pole, or equal, as shown in Exhibit A. • Eagle City Code Section 11A-12C-2-1: Location and Design: Street and road location and design shall conform to the following standards: A. Street Location and Arrangements: When an official street plan or comprehensive development plan has been adopted, streets within a subdivision shall conform to such Page 12 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccfdoc approved plans including ACHD, PUMP or Spring Valley Master Streets & Circulation Plan. C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or temporary cul-de-sac if stub street is longer than 150 feet in length. A reserve street may be required and held in public ownership. D. Relation to Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots,safe streets and acceptable gradients. G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five thousand feet (5,000') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of thirty feet (30') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. All cul-de- sac streets shall include bulb-outs every seven hundred fifty feet (750') to allow for emergency vehicles to turn around. No more than forty(40) lots shall be located on any cul-de-sac street between bulb-outs or beyond the final bulb-out. Exceptions to the requirements set forth in this paragraph may be considered by the City Council if approved by the fire department and the highway district having jurisdiction. • Eagle City Code Section 11A-13A-6: Rules and Definitions: ARTERIAL STREET: A street designated for the purpose of carrying fast and/or heavy traffic. CHANNEL: A natural or artificial watercourse of perceptible extent, with definite bend and banks to confine and conduct continuously or periodically flowing water. COLLECTOR STREET: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets. EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also,a right acquired by prescription. FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100- year frequency. The floodplain includes the channel, floodway or floodway fringe, as established pursuant to engineering practices of the U.S. Army Corps of Engineers, as follows: FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot(1'). FLOODWAY FRINGE: That part of the floodplain which is beyond the floodway. Such areas include those portions of the floodplain which will be inundated by a flood of 100-year frequency. Page 13 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc SUPER PAD/LARGE LOT: One or more lots, each at least two (2) acres in size, identified as super pad(s)/large lot(s) on a plat for grading and/or further development. Such super pad(s)/large lot(s) will be graded and will have adequate roads and utilities stubbed to such lots in preparation for replatting. Such super pad(s)/large lot(s) are not considered buildable lots until replatted as provided in article B of this chapter. • Eagle City Code Section 11A-13C-2-2: Street Widths: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or applicable PUMP and shall be approved by the Ada County Highway District and/or other agency having jurisdiction. • Eagle City Code Section 11A-13C-2-3: Intersections: Intersections shall conform to the following standards: A. Angle Of Intersection: Angles of street and driveway intersections shall be approved by the highway district having jurisdiction. B. Sight Triangles: Minimum clear sight distance at all street and driveway intersections shall be approved by the highway district having jurisdiction. • Eagle City Code Section 11A-13C-4: Easements: A. Unobstructed utility easements, where required, shall be provided along front lot lines, rear lot lines and/or side lot lines not to exceed the required building setbacks. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement alongside lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the plat. C. All natural drainage courses shall be left undisturbed or be improved in a manner which will improve the hydraulics and ease of maintenance of the channel. • Eagle City Code Section 11A-13C-6: Public Sites and Open Spaces: Public sites and open spaces shall conform to the following standards: A. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. C. Ownership And Management Of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. b. Management Plan: Applicant shall submit a plan for management of open space and common facilities (plan)that: Page 14 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccfdoc (1) Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements; (2) Estimates the costs and staffing requirements needed for maintenance and operation of,and insurance for,the open space and outlines the means by which such funding will be obtained or provided; (3) Provides that any changes to the plan be approved by the city council; and (4) Provides for enforcement of the plan. c. Temporary Maintenance By City; Corrective Action: In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city of Eagle may assume temporary responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance shall be charged to the owner, homeowners' association, or to the individual property owners that make up the homeowners' association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. The exercise by the city of Eagle of its right to assume temporary maintenance responsibility to take corrective action shall not relieve the property owner of their maintenance responsibility nor should it be construed as the city assuming permanent responsibility for such maintenance. • Eagle City Code Section 11A-13C-8: Fences: Any fencing located adjacent to Open Spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in Chapter 3 of this Title 11 A. Chainlink,cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas.A chapter within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 11A-13D-1-3: Curbs and Gutters: A. Generally: 1. Vertical curbs and gutters shall be constructed on collector and arterial streets. 2. Rolled curbs and gutters, or other treatments acceptable to ACHD, may be required on minor streets. 3. All construction shall be in accordance with the standards and specifications adopted by the Ada County Highway District. B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada County Highway District or the Idaho transportation department. • Eagle City Code Section 11A-13D-1-5: Streetlights: The Developer or subdividers within Spring Valley shall be required to install, at the Developer's or subdivider's expense, streetlights that are not the obligation of ACHD in accordance with specifications and standards set by Chapter 3 of this Title 11A and at locations designated by the Administrator. After installation and acceptance by the Administrator, the homeowners' association shall pay the cost of maintenance and power and assume ownership of the streetlights that are not the obligation of ACHD. Page 15 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc • Eagle City Code Section 11A-13D-1-8: Underground Utilities: Underground utilities are required. • Eagle City Code Section 11A-13D-1-9: Water Supply and Sewer Systems: Construction; Extension: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. The Developer is constructing a new City-owned public water supply system and a new sewer systems in Spring Valley The City shall be the exclusive municipal supplier of water to the lands within the Spring Valley development. The City may allow connection to the City-owned water system in Spring Valley if it is deemed to be in the best interest of the City. B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho department of health and welfare or its authorized agent for approval in accordance with the provisions of chapter 50-1326,Idaho Code. C. Pressurized Irrigation Facilities: 1. Irrigation water for all residential dwelling units shall be provided with water from the municipal system or from available surface water,as outlined herein. Plans and documents completed in accordance to the required standards and regulations shall be submitted with the application for a preliminary plat in accordance with the Spring Valley Irrigation and Reuse Master Plan and in accordance with the adopted supplemental standards and regulations (Titled "Pressure Irrigation Standards", incorporated herein by reference). The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. The city council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. a. When surface water is available, the developer shall install a separate pressure irrigation system in accordance with the "Pressure Irrigation Standards" and the "Spring Valley Irrigation and Reuse Master Plan: If no surface water is available, the developer may be granted a waiver to install individual irrigation connections to the municipal system. b. A separate pressurized irrigation system that utilizes surface or reuse waters shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the City Engineer. The design shall conform to the "Pressurized Irrigation Standards"for the City of Eagle. c. Development areas that are not provided with a separate pressured irrigation system shall be provided with a connection to the potable water system with the approval of the City, City Engineer, and the potable water purveyor. The following standards shall apply to individual irrigation connections to the potable water system. 1. The installation of a DEQ approved reduced pressure backflow (RPB) prevention assembly or an air gap separating the irrigation system and the potable water system will be required on the property side of the domestic Page 16 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc water meter. 2. The RPB prevention assembly shall be installed, owned, and maintained by the property owner. Failure to properly maintain the RPB will result in a shutoff of municipal water supply to the property until fully mitigated in accordance with City shutoff policy. 3. The RPB shall be installed within 5 feet of the City water meter and shall be accessible to City staff. 4. The property owner shall have the RPB inspected by an appropriately licensed inspector and in accordance with State requirements annually and shall provide the results of a passing inspection to the City. Failure to complete the required inspection will result in a shutoff of water service until completed. 5. The City may assess a monthly service fee as part of the water bill to cover costs associated with the testing and monitoring of the RPB prevention assembly and administration of the City's cross connection control policy. d. Irrigation water may consist of a combination of surface water,treated effluent, and ground water as identified within the Spring Valley Irrigation and Reuse Master Plan. 2. All development which is required to be served by a separate pressurized irrigation system must be constructed, operated, and maintained in accordance with this chapter and in accordance with the approved Spring Valley Irrigation and Reuse Master Plan that may be amended from time to time. The Spring Valley irrigation system shall be served by a Permit to Appropriate Water issued by the State of Idaho Department of Water Resources (Permit No. 63-32573) or other acquired water rights, surface water, or treated effluent in accordance with the Spring Valley Irrigation and Reuse Master Plan that may be amended from time to time. • Eagle City Code Section 11A-13D-1-10: Storm Drainage;Flood Controls: A. Adequate Storm Drainage System: An adequate storm drainage system to accommodate storm water runoff from the public rights of way shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the Ada County Highway District and/or the Idaho Transportation Department, and construction shall follow the specifications and procedures established by said Ada County Highway District or Idaho Transportation Department. B. Interceptor Ditches: Interceptor ditches shall be established above all cut/fill slopes, and the intercepted water conveyed to a stable channel or natural drainageway with adequate capacity. C. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall be such that water on roadways is prevented from flowing off the roadway. D. Natural Drainageway Treatment: Natural drainageways shall be riprapped or otherwise stabilized below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion. E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover (for example, roofs, driveways and roads) shall be collected and transported to a natural drainageway with sufficient capacity to accept the discharge without undue erosion. Page 17 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccfdoc F. Deposit Of Waste Material Prohibited: Waste material from construction, including soil and other solid materials, shall not be deposited within the 100-year floodplain. G. Drainageways Or Hydraulic Structures In Major Waterways: Drainageways or hydraulic structures in major waterways (defined as draining a basin area of 10 acres or more) shall be designed for the 100-year flood or to accommodate the runoff projected in the soil conservation service hydrology guide for residential development of the Boise front, whichever is greater. In minor waterways(defined as draining a basin area of less than 10 acres), such structures shall be designed for the 50-year flood or to accommodate the runoff projected in the soil conservation service hydrology guide for residential development of the Boise front,whichever is greater. H. Storm Drainage Retention Facilities: Storm drainage retention facilities consistent with the Spring Valley Master Drainage Plan and the conditional letter of map revision issued by FEMA, as may be amended from time to time, shall be designed in connection with the final plat and implemented with a flow control system that achieves the following objectives: (1) minimize downstream impacts by not increasing pre-development flows from land development activities; and (2) accommodate pre-development flows from upstream land by providing adequate conveyance facilities through the project site; 3) designed in accordance with the Eagle Drainage Standards and consistent with the Spring Valley Master Drainage Plan as approved by the City; and 4) provide a mechanism to insure that all facilities shall be maintained on an ongoing basis in order to perform as designed. As part of construction drawings, a stormwater drainage plan shall be developed and approved by the City Engineer that promotes each of these objectives. I. Sediment retention facilities: These facilities shall be constructed and maintained downstream from development consistent with best management practices. Any such facility used shall provide for the removal of surface debris and contaminants, as well as sediment retention. J. Completion And Operation Deadline: The overall drainage system shall be completed and made operational at the earliest possible time during construction. K. Alterations Of Major Drainageways: Alterations of major drainageways shall be prohibited except for approved road crossings and drainage structures or as provided for in Title 10 of this Code. L. Natural Or Improved Open Channel Drainageways: Natural or improved open channel drainageways shall be preserved or provided for in major waterways; except, that at road crossings, conduits may be permitted. Minor waterways shall be permitted to be enclosed in conduits. M. Reservation Of Right To Require: The City reserves the right to require installation of hydrologic measuring devices in drainageways within any development at public expense. N. Drainage System Plans: Drainage system plans shall show how lots will be graded so that all runoff runs either over the curb, or to a drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. • Eagle City Code Section 11A-13E-3: Hillside Subdivisions: All development in Spring Valley shall proceed in accordance with the Grading Guidelines and Hillside Development Standards, dated June 25, 2009 and approved by City Council on November 24,2009,as the same may be amended from time to time. Page 18 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.I ccf.doc • Eagle City Code Section 11A-13E-4: Subdivision Within A Floodplain: In addition to the provisions of this Chapter 13 of Title 11A, any subdivision within the designated floodplain of the city shall comply with all applicable provisions of the floodplain regulations of the city as now in effect or as may hereafter be amended. Provided, notwithstanding any provision in the applicable floodplain regulations, an alternate means of compliance in connection with fill requirements will include the use of detention basin(s)and channelization to offset the impacts of fill placed within an existing floodplain. Such detention basin(s) shall provide a sufficient amount of storage of stormwater runoff such that the post-development flowrate will be no greater than the pre-development rate. In addition, the result of the development and drainage improvements shall include a reduction in the existing flood hazard boundaries through the CLOMR/LOMR approval process from FEMA and the City of Eagle. D. DISCUSSION: (based on the approved Spring Valley Planned Unit Master Plan (PUMP) No. 1, the Spring Valley Subdivision No. 1 preliminary plat, date stamped by the City on August 30, 2022, and the applicant's narrative, date stamped by the City on September 7, 2022): • The applicant's narrative identifies the submitted preliminary plat as a large lot preliminary plat associated with the Spring Valley Planned Unit Master Plan (PUMP) No. 1. Pursuant to Eagle City Code Section 11A-13A-6, Rules and Definitions, lots platted as super pad/large lot within a subdivision are not considered a buildable lot until replatted as provided within the article B of Eagle City Code Title 11, Chapter 13. The preliminary plat title block does not identify this preliminary plat as a large lot which upon recordation would allow for building permits within the buildable lots. The applicant should be required to provide a revised preliminary plat with the title block amended to state, "Large Lot Preliminary Plat for Spring Valley Subdivision No. 1."The revised preliminary plat should be provided prior to submittal of a final plat application. Also,based on the lots being non-buildable until replatted,the applicant should be required to provide a revised preliminary plat with a new plat note which states, "All lots are non- buildable until re-subdivision, with the exception of Lots 1, 36, 49, and 52, Block 1, and all common lots." The revised preliminary plat should be provided prior to submittal of a final plat application. • Portions of Lots 2, 9, 10, 15, 17, and 35, Block 1, are located within the Native/Undisturbed areas within the HASC (Habitat Area of Special Concern) as identified in the Habitat Mitigation Plan. The Native/Undisturbed Areas should be clearly delineated on the plat. 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. The applicant should provide verification of a deed restriction associated with Native/Undisturbed areas within the HASC (Habitat Area of Special Concern) prior to submittal of a final plat application. The applicant should be required to provide a revised preliminary plat delineating the Native/Undisturbed areas to be undisturbed as identified within the Habitat of Special Concern (HASC) plan. The applicant should provide a revised preliminary plat with a new plat note which states, "The identified Native/Undisturbed areas shall 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 with the exception of natural trails as required by the City of Eagle." The revised preliminary plat should be provided prior to submittal of a final plat application. Page 19 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc • The subdivision will contain areas where landscaping and other improvements will be installed within ACHD right of way. ACHD will require the applicant to enter into a license agreement associated with the landscaping and improvements located within their right of way. The license agreement should be referenced within the plat notes. The applicant should be required to provide a revised plat with a new plat note which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument No. ." The revised preliminary plat should be provided prior to submittal of a fmal plat application. • The public streets within the subdivision will be served by ACHD. As part of the road system there will be a storm water drainage system. • Plat note#5 of the preliminary plat states, "The subject property falls within FEMA 1%flood hazard zone. Reference firm panel: Panel #16001C0130J dated June 19, 2020, Panel #16001C0135J dated June 19,2020,and Panel#16001C0050H dated February 2,2003." The plat note reference of firm panel should be referenced as FIRM panel since it is an acronym associated with Flood Insurance Rate Map. Also, the last panel referenced has an incorrect date. The actual date of the map is February 19, 2003. The applicant should be required to provide a revised preliminary plat with plat note #5 revised to state, "The subject property falls within a FEMA 1% flood hazard zone as identified by the following FIRM panels: Panel#16001C0130J dated June 19, 2020,Panel#16001C0135J dated June 19, 2020, and Panel #16001C0050H dated February 19, 2003." The revised preliminary plat should be provided prior to submittal of a fmal plat application. • Plat note #7 of the preliminary plat states, "Lots located adjacent to the future right of way lots shall have a permanent 10 foot easement for public utilities,irrigation, and lot drainage as designated herein." Although the plat note identifies the easement is located within lots adjacent to the future right of way the note is silent as to the location of the easement within the lot. The applicant should be required to provide a revised preliminary plat with plat note #7 revised to state, "Lots located adjacent to the future right of way lots shall have a permanent 10 foot easement for public utilities, irrigation, and lot drainage located adjacent to the future right of way lot." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #9 of the preliminary plat states, "Direct lot access from collectors and arterials is prohibited unless approved by the Ada County Highway District and the City of Eagle." The plat note does not identify the specific name of the collector and arterial roads. The applicant should be required to provide a revised preliminary plat with a new plat note #9 revised to state, "Direct lot access from Big Gulch Parkway, Aerie Way and Linder Road is prohibited unless approved by the Ada County Highway District and the City of Eagle." The revised preliminary plat should be provided prior to submittal of a fmal plat application. • Plat note#15 of the preliminary plat states, "ACHD will be granted a non-exclusive drainage easement allowing the District to discharge stormwater into the regional drainage system at specific locations to be identified on the fmal plat." Although a majority of the lots located within Spring Valley Phase 1 will be re-subdivided and storm water drainage will be addressed during those re-subdivisions, there will be storm water drainage facilities located outside of those lots. The storm water drainage will be associated with the proposed collectors and arterials. Upon submittal of a final plat application for Spring Valley Phase 1,plat note#15 of the preliminary plat should be revised on the final plat to state, "A portion of Lot _, Block , is servient to and contain the Page 20 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 cctdoc ACHD storm water drainage system. The lots are encumbered by the certain first amended master perpetual storm water drainage easement recorded on November 15, 2015, as instrument no. 2015-013256 official records of Ada County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage system." PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 19, 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 eight(8)individuals who indicated the following concerns: • The applicant should not be permitted to connect the internal roads to West Beacon Light Road. • Due to the size of the development, there will be a detrimental impact to the wells within the area. • The roads outside of the development are not designed to handle the vehicular impact caused by the traffic from the proposed subdivision. • A concern that BLM will not allow for a road to be constructed across property under BLM control. • The comprehensive plan calls for traffic to be routed through collectors and arterials. • The Commission should make their recommendations on current circumstances and not previous approvals. • The aquifers providing water to the wells is drying up. • Since Beacon Light Road is not proposed to be widened at any time it is not designed to handle additional traffic. • The water rights hearings associated with this development were the longest in state history. The applicant should be required to monitor the wells prior to construction of a subdivision. • The applicant should be required to provide an updated traffic impact study and water study. • Beacon Light Road is a residential street and is not designed to handle additional traffic. • Linder Road is not used by the local community since the road is not designed to handle the capacity of the area. The applicant should be required to utilize SH-16 for all access. • There should be a road constructed between SH-16 and SH-55 to carry traffic from foothills development. • Homer Road east of Linder Road needs to be blocked to restrict access to the east. • The proposed development has too much density for the foothills. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by three (3) individuals who indicated the following concerns: • There have been no agreements established between ACHD, the applicant, and the adjacent property owner regarding the extension of Linder Road to Homer Road. • If Linder Road were to be extended it will split the adjacent property which will impact the current agricultural operation. • As proposed, there is a concern with fire department access and a lack of a secondary access to the site. • How is the infrastructure being extended to the lots which are proposed to be re-subdivided? • The existing rural area is being eroded. Page 21 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc • The applicant should be required to connect to Eagle Road (Willow Creek Road) and not extend Linder Road. Can Linder Road be extended when it is not located within the city? COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The proposed subdivision is in conformance with the comprehensive plan. • The applicant has addressed the requirements of the development agreement and the planned unit master plan associated with the large lot plat. • The applicant has addressed the potable water concerns which were expressed during the public hearing. • The proposed subdivision does not show the extension of Linder Road beyond the area shown on the preliminary plat. • The proposed Linder Road should be restricted to two (2) lanes. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of PP-17-21 for a preliminary plat for Spring Valley Subdivision No. 1 with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated October 3,2022. PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record https://eagle- id.granicus.com/player/clip/1630?view id=1&redirect=true&h=40f2cd0e0275c65e09415c577d361d55): A. A public hearing on the application was held before the City Council on October 25, 2022, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the application was presented to the City Council by two (2) individuals (not including the applicant/representative)who indicated the following: • The western area (located west of Linder Road between SH-44 and the foothills) is developed at two (2) dwelling units/acre. The overall Spring Valley development is proposed at one (1) dwelling unit/acre. • Linder Road has been planned for expansion for years. • The amenities proposed within the Spring Valley development will reduce the number of vehicle trips into the core of Eagle. • The development will eventually have commercial areas located adjacent to SH-16. • The commercial areas which will be located within the proposed development will reduce the number of vehicle trips traveling south. C. Oral testimony in opposition to the application was presented to the City Council by twenty (20) individuals who expressed the following concerns: • Citizens living in proximity to Linder Road were not aware of this development. • Concerned with the width and expansion of Linder Road or any other roads that run through this town. • The City Council should ensure that Linder Road is not expanded to 5-lanes. • The expansion of Linder Road will not benefit the citizens living adjacent to the road. • Constructing a road though the BLM land is taking away from the public. • This style of development removes wetlands and farmlands for migratory birds. • Don't pack more traffic in this area by adding thousands of homes • Per email from ACHD president/commissioner Mary May, there no plans by ACHD to widen Linder Road(email read into record). Page 22 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.I ccf.doc • Adding an additional twenty thousand people to the City of Eagle will dilute the value and brand of the city • The development agreement associated with Spring Valley should have contained a termination clause to terminate within a year from the time of execution. • An increase of 7,000 homes is too large for the area. • If you want to ruin eagle start putting thoroughfares between SH 55 and SH16 • We left our home in Dallas because of the unchecked growth there. This development doesn't feel like a hometown development. • The Spring Valley development is located too close to the proposed gun range. • Residents for 13 years. Moved to S Carolina and missed home and came back. Used to live in Streamside sub and couldn't even sleep because Eagle Road was so busy. So when we came back and learned that Linder was going to get widened, we didn't know. The developer didn't inform the community. • The water aquifer is dropping causing existing wells to dry up. The developer should be responsible for compensating individuals to drill new wells. • The traffic on Linder Road south of SH-44 is already impacted from the existing subdivisions. Adding Spring Valley will further negatively impact Linder Road. • The City of Eagle has grown exponentially. While this approval was obtained years ago, many other developments have since been built. It is the responsibility of the elected officials to protect the current residents. • We need to protect the land with the tools we have to work with and protect the Eagle brand. The community has changed significantly since this development agreement was approved. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City Council by three(3)individuals who indicated the following: • A concern with the expansion of Linder Road. The City should place a restriction on the development to not allow the expansion of Linder Road. • The applicant should be required to submit additional information regarding the expansion of Linder Road. • The design of the development is contradictory to the style of development allowed within the City of Eagle. • The Council needs a commitment from the developer that Linder will not be extended in the future. COUNCIL DECISION: The Council voted 4 to 0 to approve PP-17-21 for a preliminary plat for Spring Valley Subdivision No. 1 (Exhibit "A") with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with the conditions of the Amended and Restated Development Agreement (Ada County instrument#114006036) associated with rezone application RZ-19-06. 2. Comply with the conditions of FPDP-06-21. 3. Comply with all requirements of the mass grading permit associated with Spring Valley PUMP No. 1. 4. Comply with all applicable conditions of PU-01-21. 5. Comply with the conditions of DR-22-22 and DR-23-22. Page 23 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccf.doc 6. Comply with all requirements of the City Engineer. 7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 8. Provide a revised preliminary plat with the title block amended to state, "Large Lot Preliminary Plat for Spring Valley Subdivision No. 1." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 11A-13A-6) 9. Portions of Lots 2, 9, 10, 15, 17, and 35, Block 1, are located within the Native/Undisturbed areas within the HASC (Habitat Area of Special Concern) as identified in the Habitat Mitigation Plan. The applicant shall provide verification of a deed restriction associated with Native/Undisturbed areas within the HASC (Habitat Area of Special Concern)prior to submittal of a final plat application. The applicant shall provide a revised preliminary plat delineating the Native/Undisturbed areas to be undisturbed as identified within the Habitat of Special Concern (HASC) plan. The applicant shall provide a revised preliminary plat with a new plat note which states, "The identified Native/Undisturbed areas shall 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 with the exception of natural trails as required by the City of Eagle."The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised plat with a new plat note which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument No. ." The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. Provide a revised preliminary plat with plat note#5 revised to state, "The subject property falls within a FEMA 1% flood hazard zone as identified by the following FIRM panels: Panel #16001CO130J dated June 19, 2020, Panel #16001C0135J dated June 19, 2020, and Panel #16001C0050H dated February 19, 2003." The revised preliminary plat shall be provided prior to submittal of a final plat application. 12. Provide a revised preliminary plat with plat note #7 revised to state, "Lots located adjacent to the future right of way lots shall have a permanent 10 foot easement for public utilities,irrigation,and lot drainage located adjacent to the future right of way lot." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 11A-13C-4) 13. Provide a revised preliminary plat with a new plat note#9 revised to state,"Direct lot access from Big Gulch Parkway, Aerie Way and Linder Road is prohibited unless approved by the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. Upon submittal of a final plat application for Spring Valley Phase 1, plat note#15 of the preliminary plat should be revised on the final plat to state, "A portion of Lot_, Block_, is servient to and contain the ACHD storm water drainage system. The lots are encumbered by the certain first amended master perpetual storm water drainage easement recorded on November 15, 2015, as instrument no. 2015-013256 official records of Ada County,and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage system." 15. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 11A-13C-8. Page 24 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.1 ccfdoc 16. The Spring Valley Subdivision No. 1 shall remain under the control of one Homeowners Association until such time the lots are re-subdivided. 17. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 18. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a fmal plat application. 19. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. 20. The identified Native/Undisturbed areas located within the HASC (Habitat Area of Special Concern) as identified in the Habitat Mitigation Plan, shall be managed and maintained as native and undisturbed areas. There shall be no alterations or modifications to these areas with the exception of noxious weed abatement and fuels control. The applicant shall submit a rehabilitation plan to be reviewed and approved by the City prior to the commencement of work. 21. All common lot areas located within Spring Valley Subdivision No. 1 shall be deed restricted to prohibit the future redevelopment of the common lots into buildable lots. 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. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer 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. 4. 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). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. 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 fmal plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 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. Page 25 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.I cc£doc 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 11A-13D-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the fmal plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the fmal 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. 13. 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. 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 Page 26 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 cc1doc 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 fmal 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. 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, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. Page 27 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.1 cctdoc 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 fmal 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 11A-13F-5(A)(2)). 31. Prior to submitting the fmal 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. 32. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 33. 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. 34. 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. Page 28 of 29 K:\Planning Dept\Eagle Applications\Spring Valley\2021\.Spring Valley-Sub No.I-Large Lot Plat\Working Files\Spring Valley Sub No.I ccf.doc 35. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-17- 21)and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 11A(Planned Developments)because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 11A, as shown within the findings provided within this document and the proposed use is in accordance with the Eagle Foothills land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Star Fire Protection District, Ada County Highway District, Idaho Department of Transportation, and Central District Health Department as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. DATED this 9t1i day of November 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho J on fierce,Mayor GLE ,,,, ,,• �P••••••••• AT EST: : Q : PT E ••. Tracy E. O Ig e City Clerl v w ��,'Q c , 4 •�,#, STP`c.-' Page 29 of 29 K\Planning Dept\Eagle Applications\Spring Valley\2021\Spring Valley-Sub No.1-Large Lot Plat\Working Files\Spring Valley Sub No.I cctdoc y WNA.wwx4Lw0+IINNrydS ,..„„,,rw9'40 W3 •MB-.9M Pl. 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