Findings - PZ - 2022 - PP-12-22 - Valnova Lot 17 Subdivision Spring Valley - Preliminary Plat For Valnova Lot 17 Subdivision (Spring Valley)BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARYPLAT FOR
VALNOVA LOT 17 SUBDIVISION FOR
GWC CAPITAL, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-12-22
The above -entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on November 21, 2022, at which time public testimony was taken and the public
hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
GWC Capital, LLC, represented by Brook Cole, is requesting preliminary plat approval for Valnova
Lot 17 Subdivision (a re -subdivision of Spring Valley Subdivision No. 1), a 201-lot (188-buildable,
13-common [7-community open space, 1-regional open space, 5-private alleys]) subdivision. The
61.65-acre site is generally located approximately 3/4-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 May 23, 2022. A revised preliminary plat
was received by the City on July 6, 2022. A third revised preliminary plat was received on September
1, 2022. A fourth revised preliminary plat was received on November 4, 2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 6, 2022, and re -transmitted on September 7,
2022 upon the re -submittal of the application under a different name (Valnova) 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 November 3, 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 November 2, 2022. The site was posted in accordance with the Eagle
City Code on October 10, 2022.
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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 Pen -nit associated with the Spring Valley
PUMP No. 1 for Western Construction, Inc.
On October 25, 2022, the City approved Spring Valley Subdivision No. 1, a large lot preliminary plat,
associated with the Spring Valley PUMP No. 1 for GWC Capital, LLC, (PP-17-21).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Rural Residential / Large Lot
Single Family (Gulch Ranch
Existing
Foothills Residential
R-1-DA
Estates Subdivision & Kling
Estates Subdivision) / Vacant
Land / Limited Agriculture
Single Family Residential
Proposed
No Change
No Change
Subdivision and Community
Open Space
North of site
Foothills Residential
R-1-DA
Vacant Land (Designated For
Future Re -Subdivision)
South of site
Foothills Residential
PS (Public/Semi-Public)
Vacant Land and Public Land
(Bureau of Land Management)
East of site
Foothills Residential
PS (Public/Semi-Public)
Vacant Land and Public Land
(Bureau of Land Management)
West of site
Foothills Residential
R-1-DA
Vacant Land (Designated For
Future Re -Subdivision)
G. PLANNING UNIT MASTER PLAN REFERENCE: PUMP No.I (PU-01-21)
H. PLANNING UNIT MASTER PLAN PLANNING AREA: Southern Planning Area
I. SITE DATA:
Total Acreage of Site — 61.65-acres
Total Number of Lots — 201
Buildable — 188
Commercial — 0
Industrial — 0
Common —13 (7-community open space, 1-regional open space, 5-private
alleys)
Total Number of Units — Single-family — 188 (61-SF3, 115-SFA, 12-SFSL)
Duplex — 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0-acres
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ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units per Gross Acre
SF3: 5.89 du/ac
SF3: 10 du/ac max.
SFSL: 7.44 du/ac
SFSL: 12 du/ac max.
SFA: 12.51 du/ac
SFA: 18 du/ac max.
Total: 3.04 du/ac
Total: 3.15 du/ac max.+
Southern PA Total: 0.96/du/ac
Total PUMP No. 1: 2.19/du/ac
max+
Total Spring Valley: 1.19 du/ac
max ++
Minimum Lot Area
SF3: 4,240 square feet
SF3: 4,000 square feet
SFSL: 4,461 square feet
SFSL: 3,000 square feet
SFA: 2,037 square feet
SFA: N/A
Total Acreage of Common Area
34.94 acres
2.77-acres*
Open Space
Percent of Site as Common Area
57.27%
4.55% (minimum)*
Open Space
+ Based on the approved PUMP No. 1.
++ Based on the requirements of the amended and re -instated development agreement
* Based on the Eagle City Code requirement that all subdivisions within the Spring Valley development
are required to have 600 square feet of open space per lot.
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
Lot 1, Block 1 requires a minimum 35-foot (35'W) wide landscape buffer area adjacent to Big Gulch
Parkway, which is identified as a Collector Street within the Master Streets and Circulation Plan, where
single-family residential uses are adjacent to Big Gulch Parkway. Where there are no adjacent single-
family uses adjacent the buffer width may be 20-feet (20' W) wide.
Lot 1, Block 5, does not require a minimum landscape buffer area adjacent to Big Gulch Parkway, since
this portion of Lot 17 is identified as a Neighborhood Center within the approved PUMP No. 1 which
classifies this portion of Big Gulch Parkway as an Urban Street. Urban Streets do not carry a
requirement for landscape buffers.
The northern portion Lot 49, Block 1 (north of Lots 54-56, Block 49) requires a minimum 35-foot
(35'W) wide landscape buffer area adjacent to Big Gulch Parkway, which is identified as a Collector
Street within the Master Streets and Circulation Plan. The northern portion of Lot 49, Block 1 (north
of Lots 57-67) does not require a minimum landscape buffer area adjacent to Big Gulch Parkway, since
this portion of Lot 17 is identified as a Neighborhood Center within the approved PUMP No. 1 which
classifies this portion of Big Gulch Parkway as an Urban Street. Urban Streets do not carry a
requirement for landscape buffers.
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Open Space:
The preliminary plat, received by the City on November 11, 2022, shows eight (8) open space common
lots (34.94-acres) consisting of seven (7) Community Open Space lots (5.25-acres) and one (1)
Regional Open Space lot (29.72-acres). The total open space accounts for 57.27% of the total area
associated with the preliminary plat.
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 10-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.
K. STREET DESIGN:
Public Streets:
A. w. 2.0
BACK 6 CURa
U'
O'
5/.'.fwA1
EA;Euf r
too'
v'z
sccHE rAxfs
(S I uAx Yth-EJ
alum cuan Aran cUII;N OfR 5U-JUI
:orl AU1D
-u„�rENr Jo iv�ec
—- i9 U'
- BACK tx U.R9
21.0"
IJ o'
l A.3' ]AS' 2.0 SC}"wALK
E.ec�cvr
� J�N;EH � Sn-WALK
1i 1L 1
(EOM SCfSJ
n RESIDENTIAL - 33' LOCAL STREET SECTION (27' ROW)
VA.'� SCK E. 1' - 5'
(21 uAx YP�EJ
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52.0'
R.O.W. 2.O' JP.Gu _
BACK OP CURB
21.0- 20 J6.5" 20" 9.5'
PUE ISLAA'D
IJ 0"
SIDEWALK
EAS£uENT `
!00. 50' 50i
S'0£MPL Kr� PLAfI) ' = I
9
SLOPE VA.'\ 2X (.N.)
(2: t MAX SLOPE)
J' Rat, 0 CURD AND
OU TTER PER 50-702
2D17 ACHO �LESIDENTIAL CUL DE SAC - 52' ROW J- R SO-70�rRSE PAN 7 A
PER SD-702R 2017 ACND
RB
SUPPLFMEflT TO ISPWC SUPPLEM£fIT to ISPAO
VAR SCAL: I- v 5'
Applicant's Justification for Private Streets: None proposed
Private Alleys:
Lot 53, Block 1; Lot 6, Block 3; Lots 50 and 51, Block 4, and Lot 34, Block 5 are private alleys located
within common lots.
20. 0'
R.O. IV.
10.0' --» - 10.0'
20' 2.0'
2X (MfK) � 2X (MIN.)
3' ROLLED CURB AND I 3- ROLLED CURD AND
GUTTER PER SO-702 ASPHALT PA NNG GUTTER PLR SD-702
2017 ACHD 2017 ACHD
SUPPLEMENT TO 15PWC SUPPLEMENT TO ISPWC
PRIVATE ALLEY -20'ROW
VAR SCALE. I- = 5'
Blocks Less Than 500': None proposed.
Cul-de-sac Design:
Copper Hawk Drive: One (1) cul-de-sac is proposed: Approximately 250-feet in length with a 52-foot
radius and 10-foot radius planter island.
Sidewalks:
The street section shown on the preliminary plat shows detached 5-foot-wide sidewalks (separated by
an 8-foot-wide adjacent planter strip) on both sides of the 33' Local Street Section. The private alleys
do not contain sidewalks.
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.
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Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal of a
final plat application.
L. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The applicant is proposing five-foot (5'W) wide detached concrete pathways located within Lot 49,
Block 1; Lot 10, Block 3; Lot 16, Block 4; Lot 24, Block 4; and Lot 1, Block 5.
The applicant is proposing a two -to -four -foot (2-4'W) wide natural surface trail located within Lot 37,
Block 1.
PUBLIC USES PROPOSED:
The applicant is proposing to dedicate the following uses to the public:
• Public pathways
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M. 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 —No
Stream/Creek — No
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — Yes — Habitat of Special Concern Plan (refer to approved PUMP No. 1 (PU-01-21),
dated February 2022)
N. 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.
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O. 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 October 4, 2022, are of special concern
(see attached).
City Trails and Pathways Superintendent
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Star Fire Protection District
P. LETTERS FROM THE PUBLIC: None received to date.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'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.
C. SPRING VALLEY DEVELOPMENT ORDINANCE (EAGLE CITY CODE TITLE IIA)
PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
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• Eagle City Code Section I IA-3-7: Landscape and Buffer Area Requirements:
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
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right of way shall not be included as a part of the
buffer area required below. The height for berming/fencing, except as noted below,
shall be measured from the elevation of the final grade of the adjacent roadway
(measured at the centerline) to the top of the proposed berming/fencing. The required
buffer area width, plantings, walls and fencing are described in subsection L below:
EXMI t 3—A: Master Ntreets and (Arculation Flan
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.)
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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 3-D.
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 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 (T) horizontal
distance to one foot (1') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided in
combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chain link, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted. Walls or fencing are not required
adjacent to multi -family residential uses except when necessary to provide a buffer
to enclose private outdoor living space, non-residential uses or open space.
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11 Pavement Arco
vim, aa�irX�:.
yf
Mcdian I Pavement Area
35'Landscape 20'Landscape
Buffer (Min.) Butter (Min.)
Adjacent to Single Adjacent to Non -Single
Family Residential Family Residential
Exhibit 3-D: Collector Street
3. Urban Streets:
a. Urban streets may be arterials, collectors or local streets, or stretches thereof,
which are located in the VC, HMU, MU, CC and NC districts.
b. There shall be no minimum landscape buffer required, however, the minimum
setback from the back of curb to the front plane of the building shall be sixteen feet
(16'). See exhibit 3-E of this section.
c. Urban streets shall have an attached or detached sidewalk on both sides of the
street. The sidewalk shall be a minimum of eight feet (8') wide. Street trees in the
sidewalk area shall be planted in tree wells with tree grates or cutouts a minimum
of four feet (4') square while providing a minimum five foot (5') clear sidewalk
width. Any patios or outdoor dining and seating areas between the back of curb
and building will also provide a minimum five foot (5') clear sidewalk width.
Paved and/or landscaped bulb outs or thirty to sixty degree (30 - 60o) angle entries
shall be provided at intersections where on street parking is provided.
d. Landscape setbacks not owned by a public entity shall be owned and maintained
by an individual property owner or owners' association, whichever the case may
be.
e. The following plant material shall be provided at a minimum, between the back of
curb and building:
(1) One tree per thirty five (35) linear feet of street frontage (including
driveways) on each side of the street.
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Trees in Sidewalk
within tree grates
Building
Face
Attached
or Detached
Walk Allowed
Exhibit 3-E: Urban Street Section
4. Local Residential Streets:
5' Walkway
Clearance
`8' Outdoor
Seating Area
R'
Building
Face
Attached
or Detached
Walk Allowed
a. There are no landscape buffers for local residential streets. The minimum setback
for local streets (both public and private) in single- and multi -family residential
uses shall correspond to the building setbacks identified in section 1 1 A-24, tables
2.2, "Single -Family Residential District Development Standards", and 2.3,
"Multi -Family Residential District Development Standards", of this title.
b. An attached or detached sidewalk shall be provided on both sides of the roadway
as shown on exhibit 3-F of this section. If the sidewalk is detached it must be at
least six feet (6) from the back of curb with a root barrier or eight feet (8') without
a root barrier to support a class Il tree and ten feet (10') to support a class III tree.
The sidewalk shall be a minimum of five feet (5') wide and may or may not
meander depending on the streetscape concept. The sidewalk requirement may be
waived as part of the PUMP approval in the following conditions:
(1) A single loaded street adjacent to a slope (sidewalk shall be required on
the loaded side only).
(2) A double loaded street in a hillside area where topographic constraints
allow sidewalk on one side of the street only to minimize grading.
(3) Single-family special lot (SFSL) neighborhoods as detailed in the Spring
Valley development standards (sidewalk shall be required on at least 1 side
of the street).
(4) Low density (1 acre and larger lots) neighborhoods (sidewalk requirement
may be waived where a striped 4 foot wide shoulder is provided).
One shade class (class II or class III) selected from the approved tree list in
subsection Y of this section shall be located on both sides of all streets with the
landscape strip between the sidewalk and the curb. If the sidewalk is attached,
then the tree shall be planted a minimum five feet (5') in back of the sidewalk.
Trees shall be planted at the front of each lot generally located on each side of the
lot line corner with the distance between trees to be a minimum of thirty five feet
(35') and a maximum of eighty feet (80') of street frontage.
d. All mailboxes shall be located outside of the minimum sidewalk width and
outside of required sight triangles.
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y -- -_
See Residential District 5 1 $ 5 Attached
Development Standards
Walk PavementAreaMin. Walk or Detached
for Min. Setbacks for Setback Walk Allowed
Single and Multi -Family
Homes R.O.W. (2' b.o.c.)
Exhibit 3-F: Local Residential Street Section
• 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
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:
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 forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of vertical curb of the island to the face of vertical curb located on the
outside edge of the street. Where flush ribbon curbs or rolled curbs are used, the forty
feet (40') of dimension may be taken from the back of curb of the island to the back of
curb located on the outside edge of the street. All cul-de-sac streets shall include bulb
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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
subsection may be considered by the city council if approved by the fire district with
jurisdiction and the highway district having jurisdiction.
• Eagle City Code Section 11A-13C-2-5: Private Streets and Alleys
Private streets and private alleys may be permitted, subject to the following:
A. Compliance: The city council must find that all proposed private streets or private
alleys are in compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings
such that private streets and or private alleys will serve to enhance the overall
development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks,
and parking is provided.
3. Adequate access for service and emergency vehicles is provided where needed.
4. Access and good transportation planning to adjacent property and to the area
travel networks is not adversely affected.
Adjacent property will not be landlocked by the site layout.
Other than to provide emergency access, the private streets and private alleys do
not connect one public street to another, thereby encouraging travel through the
development served by the private street; provided, however, that in order to
provide secondary access, a private street may have more than one connection
to a public street and/or may be connected to more than one public street if access
thereto is controlled by automatic gates or other control devices approved by the
council.
The use or alignment of the private streets or alleys do -not interfere with the
continuity of public streets.
An appropriate mechanism has been established for the repair and maintenance
of the private streets and alleys, including provisions for the funding thereof.
Private streets shall provide access to no more than twenty percent (20%) of the
lots within Spring Valley.
B. Construction And Design Standards: Private streets and private alleys shall conform
to the following construction and design requirements:
All private streets and private alleys shall be designed and constructed in
accordance with Ada County Highway District's structural standards for streets
and alleys unless modified within this Section or as may be approved by the city
council.
2. Sidewalks shall be required in accordance with subsection 11 A-13 D-1-6F of this
chapter. However, alternative sidewalk and landscape strip designs may be
approved by the city council based upon a finding made by the council that
characteristics and qualities of the development justify the alternate design.
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Sidewalks and planter strips, as referenced within subsection 11A-13D-1-6F of
this title, shall not be required along alleys.
All private streets shall contain paved travel lanes a minimum of twelve feet
(12') in width and private alleys shall contain paved travel lanes a minimum of
ten feet (10') in width. Private streets shall provide for the safe, convenient, and
effective movement of both vehicular and pedestrian traffic. Private alleys shall
provide for the safe, convenient, and effective movement of vehicular traffic.
Vertical curbing shall be provided for private streets that are less than thirty-four
feet (34') in width and on all arterial streets and on all collector streets that do
not have front on housing. Alleys may utilize other curb types in accordance with
subsection 11A-13D-1-3 of this chapter.
4. The design engineer shall identify on the construction drawings for the review
and approval by the city engineer, all traffic signs needed for the project,
including, but not limited to, designated parking and "no parking" areas, speed,
stop, and such other signs as are required for safe pedestrian and vehicle travel.
All private streets and private alleys shall, during the progress of construction,
be inspected and tested, at the expense of the owner or developer, by a qualified
inspector in order to ensure compliance with the construction and design
standards set forth in this chapter, the construction drawings as prepared by the
registered professional engineer, and good engineering and construction
practices. Reports of such inspections and tests shall be submitted, together with
a certification of such compliance, for the review and approval by the city
engineer.
All dead end private streets and private alleys shall tenminate at one of the
following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of
subsection 11A-13C-2-1G of this article and subject to the approval of the
fire district with jurisdiction and city engineer and provided further that
proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
fire district with jurisdiction and the city engineer; or
Such other turnaround area as may be approved by the fire district with
jurisdiction, city engineer, and city council.
d. Private streets and private alleys not exceeding 150-feet may terminate with
no turn -around if approved by the fire district with jurisdiction.
For private alleys, emergency access/connections may be made beyond the
150-feet maximum length allowing the connection of a dead end private
alley to an adjacent dead end private street or private alley utilizing
materials such as concrete, pavers, grass pavers, or other like materials
deemed acceptable to support emergency vehicles and as approved by city
council and the fire district with jurisdiction. Any emergency
access/connections that direct emergency vehicles through a pedestrian
space such as a courtyard, plaza, pathway, or sidewalk shall be clearly
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signed to identify through traffic access patterns for use by emergency
vehicles only. Any private alley exceeding 150-feet shall provide an
adequate turnaround for service vehicles without the use of the emergency
access/connection.
The design of all private streets and private alleys and related storm drainage
facilities shall be prepared by a licensed professional engineer in the state in
substantial conformance with engineering and design standards in effect at the
time of preparation of the design. Construction drawings, together with a
certification of such conformity, shall be submitted for the review and approval
by the city engineer. No part of this chapter shall be construed as allowing a
private street or private alley that is not in conformance with current engineering
and design standards.
8. If any provision of this chapter is found to be in conflict with any other applicable
provision of this chapter, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the
city council.
9. Curb and gutter shall be required in accordance with subsection 11A-13D-1-3 of
this chapter.
10. For all private alleys providing fire apparatus access, the minimum centerline
radius and the interior radii shall be approved by the fire district with jurisdiction.
For all other private alleys, the minimum centerline radius and interior radii shall
follow good engineering practice and shall consider access for service vehicles.
11. Driveways connecting to alleys shall be 3 to 5 feet (3'-5') or 19 feet (19') or
more to discourage parking parallel to the alley travel way and end -in parking
that encroaches into the travel way. In all cases, a backout distance of twenty-six
feet (26'), as measured from garage door from one side of the alley to the garage
door on the opposite side of the alley, shall be maintained. Designated parking
outside of the travel lanes shall also be allowed in alleys where space and proper
design allow and in accordance with I IA-5-4-2 of this title.
12. Private alleys may be allowed to serve as the sole means of vehicular access to
a residential dwelling in instances where a pedestrian pathway within a common
lot or an easement is designed to provide secondary access to the front of the
residential dwelling.
13. Where private alleys provide the sole means of vehicular access to a residential
dwelling, clear address wayfinding signage shall be located throughout the
subdivision for use by emergency services and individual building addresses
shall be included adjacent to each garage door within the alley or as approved by
the fire district with jurisdiction.
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C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street,
private alley, and drainage facilities for the period of the expected lifetime
thereof and a cost estimate therefor prepared by a licensed professional engineer
in the state, together with a proposed method for funding the same, including,
but not limited to, the creation and maintenance of a reserve fund for that
purpose, shall be submitted with the final plat application for review and
approval by the city engineer and city council.
2. The location of the private streets and private alleys shall be clearly depicted on
the face of the plat and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private streets or private alleys the perpetual right of ingress and egress over
the described private streets or private alleys;
b. Provide that such perpetual easement shall run with the land; and
C. Provide that the restrictive covenant for maintenance of the private street
streets or private alleys cannot be modified and the homeowners'/property
owners' association or other entity cannot be dissolved without the express
consent of the city.
A restrictive covenant for repair and maintenance of the private streets or private
alleys shall be recorded at the time of recording the plat which said covenant
shall create a homeowners'/property owners' association or substantially similar
entity and make provision for the perpetual maintenance of the private streets or
private alleys in accordance with the approved plan as provided for in subsection
CI of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified
and that the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city. The said restrictive covenant
shall be reviewed and approved by the city attorney prior to certification and
signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners
or the entity responsible for the maintenance of any private streets or private
alleys approved in accordance with the provisions of this chapter to undertake
such repair and maintenance activities as it may determine is necessary to protect
the public health, safety, or welfare and make such expenditures from the funds
reserved therefor as may be required thereby; and the owner or responsible entity
shall, as a condition of approval of any such private street, be deemed to have
agreed to comply with any such order and to reimburse the city all of its costs,
including attorney fees, incurred in obtaining or enforcing any such order. Any
order entered by the council pursuant to this subsection may be enforced by a
court of competent jurisdiction and the city shall be entitled to recover its costs
and attorney fees incurred in connection therewith.
D. Conformity to Applicable PUMP: All private streets and private alleys shall, in all
respects, conform to all applicable PUMPS. (Ord. 710, 1-14-2014)
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E. Waiver: The city council may waive or modify any of the standards or requirements
of this section when the private streets or private alleys have been determined to be
an integral element of the overall plan and scheme of the development or will serve
to enhance the overall development; provided, however, that any such waiver shall
not be injurious to public health or safety.
• Eagle City Code Section I IA-13C-8: Fences:
Any fencing located adjacent to Open Spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in Chapter 3 of this Title 11A. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
areas. A chapter within the subdivision CC&Rs shall be created for the regulation of fences
to this effect.
• Eagle City Code Section I IA-13D-1-3: Curbs and Gutters:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
Rolled curbs and gutters, or other treatments acceptable to ACHD, may be required
on minor streets.
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 I IA- 13D-1-5: Streetlights:
The Developer or subdividers within Spring Valley shall be required to install, at the
Developer's or subdivider's expense, streetlights that are not the obligation of ACHD in
accordance with specifications and standards set by Chapter 3 of this Title 11A and at
locations designated by the Administrator. After installation and acceptance by the
Administrator, the homeowners' association shall pay the cost of maintenance and power
and assume ownership of the streetlights that are not the obligation of ACHD.
• Eagle City Code Section 11A-13D-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 11A-13D-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with chapter 3 of this title, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, or other features. Subdivision plats shall show the
location of all buffer areas. (Ord. 710, 1-14-2014)
• 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.
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• 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:
Site Specific Condition of Approval #9 of the approved PUMP No. 1 (PU-01-21) states, "Exhibit
W — Master Public Facilities Plan, dated February 2022, indicates a potential fire station at this
location. The applicant shall work with the applicable fire agencies to determine the number and
location of potential fire stations within the PUMP No. 1 and subsequent PUMP submittals. If no
land dedication for the purpose of developing a fire station within Lot 17 of is requested, the
applicant should provide a written statement to the City from the applicable fire agencies stating
that no land dedication is requested within Lot 17 at the time of the submittal of the preliminary
plat application associated with Lot 17."
The Middleton/Star Fire Protection District (the fire district with jurisdiction over this portion of
the development) provided a letter dated August 18, 2022, (included within for reference) that
states, "The Star Fire District has been working with the Spring Valley Community developer
regarding how emergency services can be provided for the portion of land within the proposed
community that is served by the Star Fire District. Two potential sites were identified during the
Planned Unit Master Planning process for a potential future fire station within the Star Fire Districts
service boundary. One of the two potential fire station sites is located within the Subdivision 6,
Lot 17 boundary which is now being reviewed and specifically being asked to determine if a one -
acre site in this location is where the Star Fire District wants to reserve to build a future fire station
to service portions of the Spring Valley Community and surrounding Star Fire Districts service
area.
The Star Fire District does not plan to use this location within Subdivision 6, Lot 17 for a future
fire station. Our preference at this time is to reserve the site located at the proposed Aerie Way and
Highway 16 intersection to provide fire emergency services for lands located within the Star Fire
District service area."
In summary, the Middleton/Star Fire Protection District has not requested land dedication within
Lot 17 and will continue to work with the developer on potential future locations. This letter serves
as a fulfillment of Condition #9 of the approved PUMP No.I (PU-01-21).
• Eagle City Code section 11A-13C-6(B): Open Space: states, that, "The minimum amount
of open space that must be set aside for open space within Spring Valley shall comply with chapter
3 of this title. The minimum amount of open space in all single-family residential subdivisions
(except for the RR and ER land use districts) shall be six hundred (600) square feet per lot.
The minimum amount of open space within any PUMP shall be fifteen percent (15%) of the total
gross acres of the PUMP. No plat shall be approved within any planning area if, with the approval
of such plat, the platted and unplatted open space in the PUMP would fall below fifteen percent
(15%) of the total gross acres of the PUMP.
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Plats may be denied if the city finds the applicant is unable to show that fifty percent (50%) of all
dwelling units in the planning area, sixty five percent (65%) of all single-family detached lots less
than five thousand (5,000) square feet in the planning area, and fifty percent (50%) of all single-
family detached lots less than eight thousand (8,000) square feet in the planning area, will abut
some form of open space."
The application, as proposed, contains 201 total lots (188-buildable; 13 common) which equates to
a total open space requirement of 120,600-square feet (2.77-acres) of open space. The applicant is
proposing 1,521,865-square feet of open space equates to 53.53% of the total land within the
proposed application. The portion of the Spring Valley subdivision as approved through PUMP
No. 1 (PU-01-21) is trending towards compliance of the minimum open space requirements.
• Eagle City Code Section I IA-2-4: "Setbacks and General Lot Development Regulations"
provides the following minimum setback requirements for the proposed Land Use Districts:
SF3 (Single-family detached) Lots 28-36 and 38-48, Block 1; Lots 1-5, Block 3:
Front Garage: 20-feet
Side Garage: 10-feet
Living: 10-feet
Interior Side: 5-feet
Street Side: 15-feet
Rear: 15-feet
Alley Garage: 5-feet
Maximum Height: 35-feet
SF3 (Single-family detached) Lots 11-27, Block 1:
Front Garage:
20-feet
Side Garage:
10-feet
Living:
10-feet
Interior Side:
5-feet
Street Side:
15-feet
Rear: 50-feet
Alley Garage: 5-feet
Maximum Height: 35-feet
SFSL (Single-family special lot):
See subsection G (within ECC I IA-24) "Single Family Special Lot Development Standards"
Maximum Height: 38-feet
SFA (Single-family attached):
Front: Front Garage: Either 3-to-5-feet or 19-feet or more
Side Garage:
8-feet
Living:
8-feet
Interior Side:
5-feet
Street Side:
15-feet
Rear:
15-feet
Alley Garage:
Either 3-to-5-feet or 19-feet or more
Maximum Height: 38-feet
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11A-2-4(A)(5) states," Residential setbacks for front, side and rear loaded single- family units
shall be measured from the back of sidewalk, or back of curb if no sidewalk exists, or edge of
pavement if no curb exists, to the foundation of a building or the face of a garage. All other
setbacks shall be measured to the property line or as otherwise noted."
Lot 37, Block 1, is 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 (other than the development of a natural trail) 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.
• The submitted preliminary plat incorrectly labels the subject property as "Valnova Subdivision
No.2" on both the cover sheet (TC01) and within the title block. Additional sheets and tables refer
to the application as Spring Valley Subdivision No. 6. The applicant should be required to submit
a revised preliminary plat that correctly specifies the subject property as Valnova Lot 17
Subdivision on both the cover sheet and within the title block.
• Plat note #6 of the preliminary plat states, in part, that "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 #6 revised to state,
"Direct lot access from Big Gulch Parkway 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 final plat application.
"Exhibit P — Parks, Trails and Open Space Plan", dated February 2022, submitted as part of the
Spring Valley PUMP No. 1 application was considered by the City of Eagle's Parks, Pathways,
and Recreation Commission on February 17, 2022, where the Commission reviewed the application
and made their recommendation. It was determined at that time that the community pathway
network and open space design were generally approved within the boundaries of PUMP No. 1 and
that the trail and open space recommendations for each subsequent plat application would be
submitted to the Trails & Pathway Superintendent for a staff level review. The Trails & Pathway
Superintendent provided a letter dated November 15, 2022, for the Valnova Lot 17 application
stating that the application is in general conformance with the approved PUMP.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Preliminary Plat
with conditions as provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 21, 2022, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission
by no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on upon the information
provided by staff and the testimony provided. A summary of the deliberation can be found at the link
below (Granicus time: 02:59:53): https://eagle-id.granicus.com/player/clip/1653?meta id=76018.
DISSENTING OPINION:
Commissioner Mclaughlin voted against the recommendation stating that this proposed subdivision,
especially as the first subdivision within the Valnova development, is too dense and the lot widths, on
average, are too narrow. Commissioner Mclaughlin also would like to see actual renderings or accurate
representations of the proposed architectural stylings for the single-family homes in order to better
understand what these various lot and home types will become.
COMMISSIONS DECISION:
The Commission voted 4 to 1 (McLaughlin against) to recommend approval of PP-12-22 for a
preliminary plat for the Valnova Lot 17 Subdivision with the following staff recommended site
specific conditions of approval and standard conditions of approval with text shown with underline
to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. 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 applicable conditions of the Spring Valley Planning Unit Master Plan No.1 (PU-
01-21).
4. Comply with all requirements of the mass grading permit associated with Spring Valley PUMP No.
1.
5. Comply with all requirements of the City Engineer.
6. 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.
7. The private alleys shall be constructed pursuant to the requirements of Eagle City Code section
11 A-13 C-2-5.
8. Provide a revised preliminary plat with the title block amended to state, "Valnova Lot 17
Subdivision, Re -Subdivision of Lot 17, Block 1 of Spring Valley Subdivision No. L" Remove all
references to "Spring Valley Subdivision No. 6." The revised preliminary plat shall be provided
prior to submittal of a final plat application. (ECC 11A-13A-6)
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9. Provide a revised preliminary plat with an updated open space calculations table that accounts for
all 201 proposed lots when calculating for minimum open space requirements. The revised
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 11A-13A-6)
10. Provide a revised preliminary plat with an updated land use table on page ENO1, Sheet 03. The
revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 11A-
13A-6)
11. Lot 37, Block 1, is 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.
12. Provide a revised preliminary plat with a new plat note #6 revised to state, "Direct lot access from
Big Gulch Parkway 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.
13. Provide a revised preliminary plat with a new plat note #11 revised to state, "Lot 53, Block 1; Lot
6 Block 3; Lots 50 & 51, Block 4; and Lot 34, Block 5 are private alleys which shall have a blanket
public utility, drainage, and irrigation easement. All residential lots within the proposed subdivision
shall have a) non-exclusive perpetual right of ingress and egress easement over said lot, b) the
easement shall run with the land, c) the homeowner association shall be responsible for the
operation and maintenance of the private alley, and d) the restrictive covenant for operation and
maintenance of the private alley cannot be dissolved or modified without the express consent of
the City of Eagle" The revised preliminary plat shall be provided prior to submittal of a final plat
application.
14. 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 1IA- 13C-8. All fencing shall comply with the requirements of the Habitat Mitigation
Plan.
15. The Valnova Lot 17 Subdivision shall remain under the control of one Homeowners Association.
16. 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.
17. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
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18. 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.
19. Setbacks shall be as noted below:
SF3 (Single-family detached) Lots 28-36 and 38-48. Block 1: Lots 1-5. Block 3:
Front Garage:
20-feet
Side Garage:
10-feet
Living:
10-feet
Interior Side:
5-feet
Street Side:
15-feet
Rear:
15-feet
Allege:
5-feet
Maximum Height: 35-feet
SF3 (Single-familv detached) Lots 11-27. Block 1:
Front Garage:
20-feet
Side Garage:
10-feet
Living:
10-feet
Interior Side:
5-feet
Street Side:
15-feet
Rear:
50-feet
Alley Garage:
5-feet
Maximum Height: 35-feet
SFSL (Single-family pecial loth
See subsection G (within ECC I IA-2-4) "Single Family Special Lot Development Standards"
Maximum Height: 38-feet
SFA (Single-family attached):
Front: Front Garage: Either 3-to-5-feet or 19-feet or more
Side Garage:
8-feet
Living:
8-feet
Interior Side:
5-feet
Street Side:
15-feet
Rear:
15-feet
Alley Garage:
Either 3-to-5-feet or 19-feet or more
Maximum Height:
38-feet
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.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of 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. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,
prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
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the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, 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 Eagle Fire Department 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 Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department 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 Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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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 common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
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 the Eagle 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.
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 development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
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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 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in
Ada County. Owner is responsible for communicating the approved plan to all sub -contractors and
for monitoring compliance.
38. 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
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-
12-22) 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 requested preliminary plat complies with the approved zoning designation of R-1-DA
(Residential with a development agreement).
b. Will be harmonious with and in accordance with the general objectives of Title 11A of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Mixed Use and provides the required improvements for a subdivision or as may be
conditioned herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book (EASD);
d. Will not create excessive additional requirements at public cost for facilities and services as the site
will be served with central sewer from the Eagle Sewer District and will use public water to be
served from Eagle Water. Fire protection will be available from the Middleton Star Fire District
and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
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DATED this 5th day of December, 2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
AJTEST:
4_ C (4v�
racy VE. o n, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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