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Findings - CC - 2023 - PP-12-22 - Preliminary Plat For Valnova Lot 17 Subdivision BEFORE THE EAGLE CITY COUNCIL 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 City Council for their action on January 10,2023,at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT: A. PROJECT SUMMARY: 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. 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 December 15, 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 December 14, 2022.The site was posted in accordance with the Eagle City Code on December 21, 2022. Page 1 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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 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 Page 2 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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.1 (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 Page 3 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022Walnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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') 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')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') 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. Page 4 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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 I IA-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: Raw 10'Epav ......_.......... ....�p'........ __-___- R.aw.10'!Fa✓ Ito" 'vo' rce rao• raa' ^ ' .YtWR 10' rAs' SAS' 10' 9f Ea uarNr a usnrtNr rn0' a0' 0 °' 10' In0' So1 Y( 2 RiP Aor0. 1 e xMv/ L.v7 am vmn � RME evecs (11 YiU'Anr'rI (11 Nix AOPF.) a ieurm CfA11I.w0 smffru r wrrp HR 50-nt (aON sas) Smr.ao scmmrr m rsvac a'ear /1 RESIDENTIAL-33'LOCAL STREET SECTION(27'ROW) Page 5 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx -32.0' R.aw 10'PROW BACK OF CUM PUE ISLVp ISO' E EASEMENT 10.0' SOFWALK PLAN I 9 2X(AN'L) �. SLOPE VARIES (2'1 MAX SLOPE) 77E ROILED RGRa AND p1R PER SO-70M7 J'I�tLRY PAN CUPB �;01 ;ACMPOC E RESIDENTIAL CUL DE SAC-52'ROW ��T ro� V SYNC I'-,' 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.W. 2.0' ?.0' ro-d� n rywL) J'ROLLED CURB AND J RED CURB AND GUTTER PER SD-702 ASPHALT PANNG WAR�R SD-702 2017 ACHD 2017 ACHD SUPPLEMENT TO ISPWC SUPPLEMENT TO ISPWC PRIVATE ALLEY-20'ROW VA SCALE 1'-S' - 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. Page 6 of 30 KAPlanaing Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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 PEDESTRIANBICYCLE 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 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—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) 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. Page 7 of 30 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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 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 Q. LETTERS FROM THE PUBLIC: None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED 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. Page 8 of 30 K:\Nl ing Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx C. SPRING VALLEY DEVELOPMENT ORDINANCE (EAGLE CITY CODE TITLE IIA) PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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: �A)—F—Chills Principal Adwial t B kwthilk Minox Artenal tC; Collector Street �)—Principal Artwial(Highway W Potential Rrwnd-bnut Locations BNa .w!ffro n A(Hl)at rwrna ao nmr o d ne/oryr.�o - yC ti i A r ` J � 3 f Exhibit 3-A: Master Streets and Circulation Plan 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.) Page 9 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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. 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 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. Page 10 of 30 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx y. ilk r t 1 WO&�8' 1'c'vcnuM Area Median Pavement Area 8' Wolk -+ 2 2' +1` } R.O.W. 35'Landscape 20'Landscape Buffer(Min.) Buffer(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. Page 11 of 30 K:\Planning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.dom Trees in Sidewalk 5'Walkway 8'Outdoor within tree grates Clearanc eating Area ,7 44 Building ( "' Building Face ? p, Face Attached Attached or Detached Walk Pavement Area Median Pavement Area or Detached Walk Allowed Walk Allowed 16'Min.Setback 1 16'Min.Setback R.O.W.(2'b.o.c.) Exhibit 3-E: Urban Street Section 4. Local Residential Streets: a. There are no landscape buffers for local residential streets.The minimum setback for local streets (both public and private) in single- and multi-family residential uses shall correspond to the building setbacks identified in 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 II tree and ten feet(10')to support a class III tree. The sidewalk shall be a minimum of five feet (5') wide and may or may not meander depending on the streetscape concept.The sidewalk requirement may be waived as part of the PUMP approval in the following conditions: (1) A single loaded street adjacent to a slope (sidewalk shall be required on the loaded side only). (2) A double loaded street in a hillside area where topographic constraints allow sidewalk on one side of the street only to minimize grading. (3) Single-family special lot(SFSL)neighborhoods as detailed in the Spring Valley development standards(sidewalk shall be required on at least 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). C. One shade class (class 11 or class 111) 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 (Y) 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. Page 12 of 30 K:\Planning Dept\Fagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.dmx See Residential District 5 ' 8 5 Attached Development Standards wain Pavement Area Min. walk or Detached for Min.Setbacks for Setback 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 cut-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: 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 Page 13 of 30 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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. 5. Adjacent property will not be landlocked by the site layout. 6. 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. 7. The use or alignment of the private streets or alleys do-not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets and alleys, including provisions for the funding thereof. 9. 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: 1. 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 13-1-6F 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. Page 14 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx Sidewalks and planter strips, as referenced within subsection 11A-13D-1-6F of this title, shall not be required along alleys. 3. 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. 5. 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. 6. All dead end private streets and private alleys shall terminate 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 c. 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. e. 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 Page 15 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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. 7. 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 11A-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. Page 16 of 30 KAPlanning Dept\6agle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx 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. 3. 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 Cl 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) Page 17 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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 11A-13C-8: Fences: Any fencing located adjacent to Open Spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in Chapter 3 of this Title 11A. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas.A chapter within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 11A-13D-1-3: Curbs and Gutters: A. Generally: 1. Vertical curbs and gutters shall be constructed on collector and arterial streets. 2. Rolled curbs and gutters,or other treatments acceptable to ACHD,may be required on minor streets. 3. All construction shall be in accordance with the standards and specifications adopted by the Ada County Highway District. B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada County Highway District or the Idaho transportation department. • Eagle City Code Section I IA-1313-1-5: 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 I IA 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-1313-1-8: Underground Utilities: Underground utilities are required. • Eagle City Code Section 11A-1313-1-12: 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. Page 18 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docz • Eagle City Code Section 11A-13E-4: Subdivision Within A Floodplain: In addition to the provisions of this Chapter 13 of Title 11 A, 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.1 (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. Page 19 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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 1,52 1,865-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 11A-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 Page 20 of 30 KAPlanning Dept\Fagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No I\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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. Page 21 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx 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. 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 site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document dated December 5, 2022. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the City Council on January 10,2023, 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 provided to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was provided to the City Council by no one. D. Oral testimony neither in favor or opposition to the application was provided to the City Council by one(1)individual. They inquired about the possibilities of both the short and long term sustainability of the site,potential fire hazard mitigation, and water use. COUNCIL DECISION: The Council voted 4 to 0 to approve PP-12-22 for a preliminary plat for Valnova Lot 17 Subdivision 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 applicable conditions of the Spring Valley Planning Unit Master Plan(PUMP)No.1 (PU-01-21). 4. Comply with all requirements of the mass grading permit associated with Spring Valley Planning Unit Master Plan(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 11A- Page 22 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx 13C-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) 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 ENO 1,Sheet 03.The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 11A-13A-6) l 1. 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 11A-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. 18. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to Page 23 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx 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 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-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 Page 24 of 30 KAPlanning Dept\Fagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx 20. The single-family dwellings and accessory structures shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"A". To assure compliance with this condition,the applicant shall create an architectural control committee (ACC)as a component of the development's CC&Rs.Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the Ci , attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee.Building permit gpplications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein,the City reserves the right to deny,at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit"A". If a building permit is denied,the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 11 A-8-8-1. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include,but not be limited to,extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of 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. Page 25 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working FilmW-City CouncilWalnova Sub Lot 17 CC Findings.docx 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 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. Page 26 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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 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. Page 27 of 30 KAPlanning Dept\Eagle Applications\Spring Va11eyU022\Va1nova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx 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. 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. Page 28 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Film\04-City Council\Valnova Sub Lot 17 CC Findings.docx 36. The applicant shall install at the entrance to the subdivision a 4'x 4'plywood or other hard surface sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash. 37.Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 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. CONCLUSIONS OF LAW: 1. The Council 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 11 A(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 approved development agreement,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 Council'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. Page 29 of 30 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City Council\Valnova Sub Lot 17 CC Findings.docx DATED this 24'day of January,2023. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Jas n ierce, Mayor ATT ST: ••.•'P(jV�:�E••�,• O•,� L4 , ��• Tracy E.Osb , Eagle City Clerk: Page 30 of 30 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 17,SV No 1\03-Working Files\04-City CouncilWalnova Sub Lot 17 CC Findings.docx