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Findings - PZ - 2023 - PP-20-22 - Valnova Lot 51 Subdivision - Preliminary Plat for Valnova Lot 51 Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A PRELIMINARY PLAT FOR ) VALNOVA LOT 51 SUBDIVISION FOR ) GWC CAPITAL,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-20-22 The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on March 6, 2023, 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 Landon Northey, is requesting preliminary plat approval for Valnova Lot 51 Subdivision (a re-subdivision of Lots 19 and 51 of the Spring Valley Subdivision No. 1),a 50-lot(41-buildable,9-common[7-community open space,2-private alleys])subdivision.The 23.14-acre site is generally located approximately 3/<-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, Title I IA. The application for this item was received by the City of Eagle on September 12, 2022. A revised preliminary plat was received by the City on December 2, 2022. An additional revised preliminary plat was received by the City on February 15,2023.An additional revised preliminary plat was received by the City on February 27,2023 and is referenced herein. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on September 21,2022. 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 February 16,2023.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 February 15,2023. The site was posted in accordance with the Eagle City Code on February 24,2023. Page 1 of 26 K:\Planning DeptT-4e Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ 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 a preliminary plat for the Spring Valley Subdivision No. 1, a large lot plat,associated with the Spring Valley PUMP No. 1 for GWC Capital,LLC,(PP-17-21). E. COMPANION APPLICATIONS:None Page 2 of 26 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51.SV No I\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ 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 Park with a Trailhead North of site Foothills Residential R-1-DA Vacant Land(Designated For Future Re-Subdivision) Single Family Residential South of site Foothills Residential PS(Public/Semi-Public) Subdivision(Lot 17 Subdivision)and Community Open Space East of site Foothills Residential R-1-DA Vacant Land(Designated For Future Re-Subdivision) West of site Foothills Residential R-1-DA Vacant Land(Designated For Future Re-Subdivision) G. PLANNING UNIT MASTER PLAN REFERENCE: PUMP No.l (PU-01-21) H. PLANNING UNIT MASTER PLAN PLANNING AREA: Portions of the Big Gulch Planning Area and the Southern Planning Area I. SITE DATA: Total Acreage of Site—23.14-acres 19.27 acres are within the Big Gulch Planning Area 3.87 acres are within the Southern Planning Area Total Number of Lots—50 Buildable—41 Commercial—0 Industrial—0 Common—9(7-community open space,2-private alleys) Total Number of Units— Single-family—41 (16-SF3,2-SFSL,and 23-SFA) 41 units are within the Big Gulch Planning Area 0 units are within the Southern Planning Area Duplex—0 Multi-family-0 Total Acreage of Any Out-Parcels—0-acres Page 3 of 26 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx ADDITIONAL SITE DATA: PROPOSED: REQUIRED: Dwelling Units per Gross Acre Total: 1.77 du/ac As approved for PUMP No. I for the Within Big Gulch PA: 2.12 du/ac Big Gulch PA: 4.24 du/ac SF3: 5.62 du/ac S173: 10 du/ac max. SFSL: 6.45 du/ac SFSL: 12 du/ac max. SFA: 10.65 du/ac SFA: 18 du/ac max. Total PUMP No. 1: 2.19 du/ac max+ Total Spring Valley: 1.19 du/ac max++ Minimum Lot Area SF3: 5,620 square feet SF3:4,000 square feet SFSL: 3,896 square feet SFSL: 3,000 square feet SFA: 1,700 square feet SFA:N/A Total Acreage of Common 17.31 acres Total 0.69-acres* Area Open Space (13.44 acres are within the Big Gulch Planning Area; 3.87 acres are located within the Southern Planning Area) Percent of Site as Common 74.81% 2.98%(minimum)* Area Open Space(O.S.) 20%O.S.minimum for Valnova 40%O.S. goal for Valnova +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 Section I IA-13C-6 that states all single-family residential subdivisions (except for the RR and ER districts) within the Spring Valley development are required to have a minimum of 600 square feet of open space per lot. J. GENERAL SITE DESIGN FEATURES: Open Space: A total of 17.31-acres(approximately 74.8%of the total subdivision)of open space is proposed within the subdivision. The open space is inclusive of the 7 common lots that are dedicated to open space (exclusive of the 2 private alleys) and two (2) open space easements across Lots 14-15, Block 2, and Lots 17-24, Block 2. The common lots located within Lot 13, Block 2, and Lot 39, Block 2, and the two open space access easements have five-foot(5')wide sidewalks to provide pedestrian circulation throughout the subject property and to adjacent lots within Valnova. Lot 47, Block 2, is designated within the PUMP as a Community Park with a dedicated Trail Head. Pursuant to the approval of PUMP No. 1,the Community Park is to include parking,regional trailhead, restrooms, clubhouse,recreational pool, sidewalks and trails, shade pavilions, picnic tables, barbecue grills,trash receptacles,pet waste stations,benches,and passive turf areas. Page 4 of 26 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Wonting Filea\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx Landscape Screening: Landscape buffers are not required for the residential portion adjacent to Silverberry Loop and Krumholtz Way since they are classified as local streets. A landscape buffer is not required for the residential portion of the project facing Glencara Parkway since the adjacent Lot 21, Block 1 (not a part) is an open space common lot that provides buffering adjacent to Glencara Parkway,which is classified as a Foothills Principal Arterial. A landscape buffer is not required adjacent to Lot 47,Block 2,as it is to be developed as a Community Park and not a residential subdivision. 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. Common lots have blanket easements. 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 where required. The southern portion of Lot 51 falls within the area labeled as Habitat of Special Concern,however the applicant is not required to preserve or mitigate any of the HASC in this location,pursuant to the approved Exhibit U"Habitat Area of Special Concern Plan" (dated February 2022)within the approved PUMP NO. 1 (PU-01-21). The project is trending towards compliance relative to the approved PUMP No.1 (PU-01-21) as it relates to Habitat of Special Concern. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site,state law requires immediate notification to the state. Page 5 of 26 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx K. STREET DESIGN: Public Streets: A 33-foot(33)local street section is proposed for Silverberry Loop Way and Krumholtz Way. The public streets will be constructed based on the street and alley section details shown on page GN02 "Road Sections" of the preliminary lot and curve tables and street sections contained within the preliminary plat,date stamped by the City on February 27,2023. J7.0' JJ.O' R.Oa 7.0'iROY �.0. A61 7.0'MW BAa C<CURR 9A[R 0!ttrPR 11.0- 11.0" PI.E IJ.d 4 IJ.O' [ASOaI/r YO' 1.3' 4 1.3' YO' wYLCNI SL[YNIR PLAN I 2R 9C(YMLR e d IR IR 111R1J �) �' 1; (T4W ARCS 40RC YARCS I IA4'40RE) (I:I Wa'4MC) J"IIT Al SrR[il V(Rlt dJrIER P R Wa1 20177 AC ( a0M 90(S) SNPiL11EHr N iSfaC J BOC PRESIDENT/AL-33'LOCAL STREET SECTION Or ROW) SOAP I r.3 Applicant's Justification for Private Streets: None proposed. Private Alleys: Lot 45 and Lot 46, Block 2,are private alleys located within common lots. Lot 45, Block 2, is a private alley that provides two (2) points of access (Grist Mill Lane and Arete Lane) to a public street (Krumholtz Way). Grist Mill Lane and Arete Lane are connected by Farside Lane. Lot 46,Block 2,is a private alley that provides one(1)point of access(Hidden Forest Lane)to a public street(Krumholtz Way). Emergency only access is provided through a 14-foot(14')wide Emergency Ingress/Egress Easement that runs over the eastern portions of Lots 18 and 23,Block 2. The private alleys will be constructed based on the street and alley section details shown on page GN02 "Road Sections" of the preliminary lot and curve tables and street sections contained within the preliminary plat,date stamped by the City on February 27,2023. R..O.O. W. 12.0' 12.0' 2.0' J"ROLLED CURB AND 3"ROLLED CURB AND GUTTER PER SO-702 GUTTER PER SD-702 2017 ACHD 2017 ACHD SUPPLEMENT TO ISPNC SUPPLEMENT TO /SPOC PRIVATE ALLEY-24'ROW VAR SCALE.• 1'= 5' Page 6 of 26 KAPlanning Dept\FAgle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zooing\Valnova Sub Lot 51 PZ Findings.docz 20.0' w R.O.W. 4 1a0' 10.0' 2.0' 20' as ) o- 2V l�.J J'ROLLED CURB AND 3'ROLLED CURB AND GUTTER PER SD-702 GUTTER PER SD-702 2017 ACHD 2017 ACHD SUPPLEMENT TO /SPMc SUPPLEMENT TO 1SPW 4z PRIVATE ALLEY- 20'ROW \Yt,Rl SCAM. t'- 5' Blocks Less Than 500': None proposed. Cul-de-sac Design: None proposed. Sidewalks: The street section shown on page GN02"Road Sections"of the preliminary plat shows detached 5-foot (5') wide sidewalks (separated by an 8-foot (8') wide adjacent planter strip) on both sides of the 33- foot(33')wide Local Street Section. The five-foot(5') sidewalk and six-feet(6') of the planter strip are located within the lots. The private alleys are not required to have sidewalks within them and they are not proposed with them. Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets and alleys. Lighting: Lighting for the proposed public streets and along pathways is required. Location and lighting specifications shall comply with Eagle City Code Section 11A-3-9 and"Dark Sky"initiatives.Location and lighting specifications shall be provided to the City Zoning Administrator prior to the submittal of the final plat.Any modifications made to the lighting shall be completed before the final plat approval. Street/Alley 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: In addition to sidewalks, the applicant is proposing five-foot(5'W) wide detached concrete pathways located within Lots 13 and 39, Block 2,which are common lots. The applicant is also proposing five- foot(5') wide detached concrete pathways within Lots 14 and 15, Block 2; Lots 17-24, Block 2; and Lots 26-34,Block 2,which are located within 16-foot(16')wide pedestrian access easements. Page 7 of 26 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planing and Zoning\Valnova Sub Lot 51 PZ Findings.dom M. PUBLIC USES PROPOSED: The applicant is proposing to dedicate the following uses to the public: • Portions of the Community Park(Lot 47,Block 2) • Public pathways N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—Yes—As identified within Exhibit U"Habitat of Special Concern Plan"(dated February 2022),of PUMP No. 1 Evidence of Erosion—No Fish Habitat—No Floodplain—Yes—As identified within Exhibit T"Constrained Lands Plan"(dated February 2022),of PUMP No. 1. 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 — As identified within Exhibit U "Habitat of Special Concern Plan" (dated February 2022),of PUMP No. 1 P. 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. Q. 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 December 22, 2022, are of special concern and is attached to the staff report. City Trails and Pathways Superintendent Ada County Highway District Department of Environmental Quality Eagle Fire Department Eagle Sewer District Star Fire Protection District R. LETTERS FROM THE PUBLIC:None received to date. Page 8 of 26 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planing and Zoning\Valnova Sub Lot 51 PZ Findings.docx 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: • Eagle City Code Section I IA-3-7: Landscape and Buffer Area Requirements: C. Landscape As Percent Of Site: 2. Landscaping shall cover a minimum often percent(10%)of the property on all other (non-multifamily)developments. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area,may be included in the ten percent(10%)landscape coverage requirement. Page 9 of 26 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx K. Buffer Areas/Common Lots: 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 11 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 (Y) 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 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 comer 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. See Residential District ?Waf1k7Pavement Emin. S' Attached Development Standards Area Walk or Detached for Min.Setbacks for Walk Allowed Setback etback Single and Multi-Family Homes R.O.W. V b.o.c.) Exhibit 3-F: Local Residential Street Section Page 10 of 26 K:\Planning Dept\Eagte Applications\Spring Valley\2022\Vatnova-Lot 51.SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.do- • Eagle City Code Section 11A-3-9: Lighting: B. Street Lighting 1. The master developer or subdivision developer shall install streetlights at locations described in subsection B4 below(and as approved by the Administrator). After installation and acceptance by the Administrator,the owners' association shall pay the cost of maintenance and power and assume ownership of the streetlights. 4. Streetlights shall be generally placed at intersections,at the end of cul-de-sacs and other locations as necessary and subject to city approval to provide for roadway and neighborhood safety. Streetlight spacing between intersections shall be as follow: (1) Type A Street Light: One thousand feet (1,000') maximum or as otherwise determined by the city. (2) Type B Street Light: Thirteen hundred feet(1,300')maximum or as otherwise determined by the city. D. Pathway/Trail Lighting 1. Pathway/trail lighting shall consist of two types —pole lights and bollard lights. Pole lights are identical to parking area lights and are located at trailheads, pathway/trail entries and intersections and other focal points,such as seating areas. Bollard lights shall be located along the paved section of the Big Gulch Regional Trail. Bollard lights shall be a concrete rusted finish pole, or equal, as shown in Exhibit A. • Eagle City Code Section 11A-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. Page 11 of 26 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx 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 I I A-1313-1-6F 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. Sidewalks and planter strips, as referenced within subsection I IA-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 I IA-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. Page 12 of 26 K:\PlanningDept\EagicApplications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Plaming and Zoning\Valnova Sub Lot 51 PZ Findings.docx 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 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. Page 13 of 26 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx 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. 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 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 Page 14 of 26 K:\Planning Dept\Eag1e Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx 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) 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. • 11A-13C-6: PUBLIC SITES AND OPEN SPACES: Public sites and open spaces shall conform to the following standards: B. Open Space: 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. 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 term "direct access" means all building lots are to be located a maximum of two hundred fifty feet (250') away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway shall be deemed to have achieved direct access.The required planter strip located between the sidewalk and the street will not be permitted to fulfill this requirement. If a plat contains community park(s), as defined in the PADA, any community park shall contain a minimum of eight(8)acres of active and passive open space. If a plat contains neighborhood park(s),as deemed in the PADA,any neighborhood park shall contain a minimum of three(3)acres of active and passive open space. Page 15 of 26 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-La 51.SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx • 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 1 IA. 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-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 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-13D-1-8: Underground Utilities: Underground utilities are required. • Eagle City Code Section I IA-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. D. DISCUSSION: • Lot 47,Block 2 is designated within Exhibit P"Parks,Trails,and Open Space Plan"of PUMP No. 1 as a Community Park with a dedicated Trail Head. Pursuant to the development agreement, a Community Park is defined as "a park containing 8 or more acres that will include active and passive areas to serve the Spring Valley community". The development agreement states that the Community Park within the Southwestern Planning Area shows a regional trailhead within the Southern Planning Area that includes a parking lot with parking for twenty-five(25)cars. Exhibit P "Parks, Trails and Open Space Plan" of the approved PUMP No. 1 (PU-01-21) states that the future Community Park is to include parking,regional trailhead,restrooms,clubhouse,recreational pool, sidewalks and trails, shade pavilions, picnic tables, barbeque grills, trash receptacles, pet waste stations,benches,and passive turf areas. Page 16 of 26 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planing and Zoning\Valnova Sub Lot 51 PZ Findings.docx The applicant should submit a design review application that includes a detailed design of the Community Park improvements including a trailhead, parking (including a minimum of (25) parking stalls for users of the trailhead),regional trailhead,restrooms,clubhouse,recreational pool, sidewalks, ten-foot (10') wide minimum regional trails, shade pavilions, picnic tables, barbeque grills, trash receptacles,pet waste stations,benches, and passive turf areas within Lot 47,Block 2 for review and approval prior to the approval of the final plat application associated with Lot 47, Block 2. • The single-family dwellings and any accessory structures should be constructed in substantial conformance to the styles of architecture shown within the within the Valnova Pattern Book (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 City 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 applications 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 I IA-8-8-1. • The approved PUMP No. 1 (PU-01-21) shows Lots 1 and 2, Block 1 and Lot 47, Block 2 as Community Open Space(COS). The applicant should submit a revised preliminary plat with plat designations of COS on Lots 1 and 2, Block 1 and Lot 47, Block 2 at the time of the submittal of the final plat associated with those lots. • 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. 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 50 total lots (41-buildable; 9 common) which equates to a total open space requirement of 30,000-square feet (0.69-acres) of open space. The applicant is proposing 754,024-square feet of open space which equates to 74.81%of the total land within the proposed application. In addition,of the 41 buildable lots,all 41 (100%)abut open space,pursuant to the definition with 11A-13C-6(B).This portion of the Valnova subdivision,as approved through PUMP No. 1 (PU-01-21) application, is trending towards compliance of the minimum open space and open space adjacency requirements. Page 17 of 26 K:\Plenning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx • 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): 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 SFSL(Single-family special lot): See subsection G(within ECC 11A-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 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 Maximum Height: 38-feet 11A-24(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." • The submitted preliminary plat contains references to"Valnova Subdivision No. 3". The applicant should submit a revised preliminary plat that correctly specifies the subject property as Valnova Lot 51 Subdivision at the time of the 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 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&Pathways Superintendent provided a letter dated February 28, 2023, for the Valnova Lot 51 Subdivision application stating that the application is in general conformance with the approved PUMP. • Eagle City Code Section 11A-13C-2-5(B)(12) states, "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." Lots 18 and 23, Block 2 contain a 14-foot (14') wide emergency fire ingress/egress easement to Page 18 of 26 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx allow for the adequate access and turn around of a fire apparatus, as needed. This easement is intended to be used by emergency vehicles/personnel only and not by utility trucks,moving trucks, delivery trucks, or personal vehicles. The applicant should install bollards at both ends of the emergency access easement that runs across the eastern portion of Lots 18 and 23,Block 2,in order to restrict access onto Lots 18 and 23,Block 2 from non-emergency vehicles.The applicant should obtain approval of the bollards and their locations from the fire district with jurisdiction over the property prior to the issuance of a certificate of occupancy from the City. • Eagle City Code Section I IA-13C-2-5(B)(13)states,"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." All forty-one(41)buildable lots within the subject property are proposed to have primary vehicular access from a private alley so all buildable lots should be required to have building addressing located on the alley side of the building (near the garage) in addition to any other primary addressing or wayfinding signage.The applicant should submit approval from the fire district with jurisdiction over the property stating that adequate wayfinding signage throughout the residential portion of the subdivision(as required by the fire district)and building addressing at each unit that is accessed by an alley has been approved prior to the issuance of a certificate of occupancy from the City. If wayfinding signage is provided, the applicant should also submit a design review application for review and approval. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on March 6, 2023, 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 following link(Granicus time: 00:51:51): https://eagle-id.granicus.comzpla e�p/1695?meta id=79193. COMMISSIONS DECISION: The Commission voted 4 to 0 (Guerber absent) to recommend approval of PP-20-22 for a preliminary plat for Valnova Lot 51 Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval to be added by the Commission. Page 19 of 26 KAPlanning Dept\Fagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.doex 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 1 IA- 13C-2-5. 8. The applicant shall install bollards at both ends of the emergency access easement that runs across the eastern portion of Lots 18 and 23, Block 2, allowing the easement to be used by emergency vehicles only.The applicant shall obtain approval of the bollards from the fire district with jurisdiction over the property prior to the issuance of a certificate of occupancy from the City. 9. The applicant shall submit approval from the fire district with jurisdiction over the property stating that adequate wayfinding signage throughout the residential portion of the subdivision(as required by the fire district)and building addressing at each unit that is accessed by an alley has been approved prior to the issuance of a certificate of occupancy from the City. If wayfinding signage is provided, the applicant shall submit a design review application for review and approval. 10. The applicant shall submit a design review application that includes a detailed design of the Community Park improvements including a trailhead,parking(including a minimum of(25)parking stalls for users of the trailhead), restrooms, clubhouse, recreational pool, sidewalks, ten-foot (10') wide minimum regional trails, shade pavilions, picnic tables, barbeque grills, trash receptacles, pet waste stations, benches,and passive turf areas within Lot 47,Block 2 for review and approval prior to the approval of the final plat application associated with Lot 47,Block 2. 11. The single-family dwellings and any accessory structures shall be constructed in substantial conformance to the styles of architecture shown within the within the Valnova Pattern Book(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 City 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 applications 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 11A- 8-8-1. Page 20 of 26 K:\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.doca 12. The applicant shall submit a revised preliminary plat with plat designations of"COS" (Community Open Space) shown on Lots 1 and 2, Block 1 and Lot 47, Block 2 at the time of the submittal of the final plat associated with those lots. 13. The applicant shall submit a revised preliminary plat with references to "Spring Valley Subdivision No. 3 /Valnova Subdivision No. 3 removed from the plat at the time of the 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 I IA-13C-8.All fencing shall comply with the requirements of the Habitat Mitigation Plan. 15. The Valnova Lot 51 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 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. 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. Page 21 of 26 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.dom 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 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. Page 22 of 26 KAPlanning Dept\Eaee Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.dom 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. 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. Page 23 of 26 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping,common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or 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. 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. Page 24 of 26 KAPlanning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No I\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx 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 CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat(PP- 20-22) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title I IA(Planned Developments)because: a. The requested preliminary plat complies with the approved zoning designation of R-1-DA (Residential with a development agreement) and the land use districts within the preliminary plat are consistent with the land use districts approved within PUMP No. 1 (PU-01-21). Page 25 of 26 KAPlanning DepMagle ApplicationASpring Valle1\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx b. Will be harmonious with and in accordance with the general objectives of Title 1 IA 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 the City of Eagle Municipal Water system. 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. DATED this 3rd day of April, 2023. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chai an •.•• .� OF FqC•'•. • •,/�' Ito s l S. AraAIAOsb agle City Cleit E A L •s S Page 26 of 26 KAPlanning DeptTagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No 1\03-Working Files\03-Planning and Zoning\Valnova Sub Lot 51 PZ Findings.docx �t 1 y� �I. .. ,. x r.�, •'� '� � b a s ,., ... e .. 0 r { r f ''';g;� p t; �,`'�f f» t