Findings - CC - 2023 - PP-20-22 - Preliminary Plat for Valnova Lot 51 Subdivsion BEFORE THE EAGLE CITY COUNCIL
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 City Council for their
recommendation on April 25, 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 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'/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,
Title 11A. 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.
Notice of Public Hearing on the application 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 April 7, 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 April 6, 2023. The site was posted in
accordance with the Eagle City Code on April 14, 2023.
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D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On December 11, 2007, the City Council approved an annexation and rezone application with a
development agreement from RP (Rural Preservation — Ada County designation) and RR (Rural
Residential—Ada County designation)to R-1-DA(Residential One with a development agreement)for
M3 Eagle(A-14-06 &RZ-19-06).
On November 24,2009,the City Council approved a development agreement modification to adopt the
M3 Hillside and Grading Standards on November 24, 2009 (RZ-19-06 MOD1).
M3 received a Conditional Letter of Map Revision (CLOMR) from FEMA on February 17, 2009. An
amendment was submitted in March of 2013 and was approved by FEMA on November 8,2013.
On January 11, 2011, the City Council approved the overall project-wide Habitat Mitigation Plan.
On January 14, 2014,the City Council approved an amended and restated development agreement for
M3/Spring Valley(RZ-19-06 MOD2).
On January 14,2014,the City Council approved the M3/Spring Valley Development Standards and by
the adoption of Ordinance 710,established Eagle City Code Title 11 —Planned Developments,Chapter
A—Spring Valley.
On March 18, 2022, the City of Eagle Floodplain Administrator approved a Floodplain Development
Permit for Alliance Consulting(FPDP-06-21).
On May 24, 2022, the City Council approved a Planned Unit Master Plan (PUMP) No. 1 for Spring
Valley for GWC Capital,LLC, (PU-01-21).
On May 24, 2022, the City Council approved a design review for the common area landscaping along
Aerie Way within Spring Valley PUMP No. 1 for GWC Capital, LLC, (DR-22-22).
On May 24, 2022, the City Council approved a design review for the common area landscaping along
Big Gulch Parkway, Linder Road, and Aerie Way(East)within Spring Valley PUMP No. 1 for GWC
Capital, LLC, (DR-23-22).
On May 24, 2022, the City Council approved a two (2) community entry monument signs for Spring
Valley Subdivision for GWC Capital, LLC(DR-24-22).
On August 24, 2022, the City approved a Mass Grading 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
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION LAND USE
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
Vacant Land(Designated For
North of site Foothills Residential R-1-DA 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.1 (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
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ADDITIONAL SITE DATA: PROPOSED: REQUIRED:
Dwelling Units per Gross Acre Total: 1.77 du/ac As approved for PUMP No. 1 for the
Within Big Gulch PA: 2.12 du/ac Big Gulch PA: 4.24 du/ac
SF3: 5.62 du/ac SF3: 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 11A-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.
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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.
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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 GNO2
"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.
A.0'
R.O.W.20'MOM L 29.0' f R.O.W 20"MOM
BACK[r COVE, BACK OR CURB
21.0" 21,0"
PAY lie' 110' PCf
- SIDEWALK 20' 14 5' 11.5' 2.0 SIDEWALK
EASEMENT EASEMENT
Sg3rwK.0'„PLZ;EO" Aunru SGEW0'3
Ko 10.0'
°'
SLOPEYAWS —— ,y 2x(MIN.) a 2z(
(2:1 MAK SLOPE) (2, VARCS
(2'I MAY SLCPE)
o ROLLED W SO A02�� STREET L1(S)
GLITTER 2017DACM C (BOWT ACES)
SUPRIMNI IO ISO": J'130C
e RESIDENTIAL-33'LOCAL STREET SECTION(37'ROW)
PALE 1'.5'
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 GNO2
"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.
24.0'
R.O.W.
12.0' 12.0'
2.0'
12.0'+—
2x(MIN.) 2X(N,)
3'ROLLED CURB AND 3"ROLLED CURB AND
CUTTER PER SD—702 CUTTER PER SD-702
2017 ACHE) 2017 ACHD
SUPPLEMENT TO ISPWC SUPPLEMENT TO ISPWC
e
PRIVATE ALLEY- 24'ROW
SCALE 1"= 5'
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K.\Planning Dept\Eagle Applications\Spring Valley\2022\Valnova-Lot 51,SV No I\03-Working Files\04-City Council\Valnova Sub Lot 51 CC Findings.docx
20.0' W
R.O.W.
f0.0' f0.0'
e o
2.0' 2.0'
09(1
2X MIN.) 2X ANN.)
3" ROLLED CURB AND 3"ROLLED CURB AND
GUTTER PER SD-702 GUTTER PER SD-702
2017 ACHD 2017 ACHD
SUPPLEMENT TO ISPWC SUPPLEMENT TO ISPWC
ePRIVATE ALLEY- 20' ROW
l SCALE: 1"= 5'
Blocks Less Than 500': None proposed.
Cul-de-sac Design: None proposed.
Sidewalks:
The street section shown on page GNO2"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 PEDESTRIAN/BICYCLE 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.
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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.
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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.
C. SPRING VALLEY DEVELOPMENT ORDINANCE (EAGLE CITY CODE TITLE 11A)
PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
• Eagle City Code Section 11A-3-7: Landscape and Buffer Area Requirements:
C. Landscape As Percent Of Site:
2. Landscaping shall cover a minimum of ten 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.
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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-2-4,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 II or class III) selected from the approved tree list in
subsection Y of this section shall be located on both sides of all streets with the
landscape strip between the sidewalk and the curb. If the sidewalk is attached,
then the tree shall be planted a minimum five feet (5') in back of the sidewalk.
Trees shall be planted at the front of each lot generally located on each side of the
lot line corner with the distance between trees to be a minimum of thirty five feet
(35')and a maximum of eighty feet(80')of street frontage.
d. All mailboxes shall be located outside of the minimum sidewalk width and
outside of required sight triangles.
See Residential District 5 ' 8. 5' Attached
Development Standards
Walk Pavement Area , Min./Walk/ or Detached
r 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
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• 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.
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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-13D-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 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.
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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 1 IA-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.
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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.
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
C l 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
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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 defined in the PADA,any neighborhood park shall
contain a minimum of three(3)acres of active and passive open space.
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• Eagle City Code Section 11A-13C-8: Fences:
Any fencing located adjacent to Open Spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in Chapter 3 of this Title 11 A. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
areas.A chapter within the subdivision CC&Rs shall be created for the regulation of fences
to this effect.
• Eagle City Code Section 11A-13D-1-3: Curbs and Gutters:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters,or other treatments acceptable to ACHD,may be required
on minor streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County Highway District.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the
Ada County Highway District or the Idaho transportation department.
• Eagle City Code Section 11A-13D-1-5: Streetlights:
The Developer or subdividers within Spring Valley shall be required to install, at the
Developer's or subdivider's expense, streetlights that are not the obligation of ACHD in
accordance with specifications and standards set by Chapter 3 of this Title 11A and at
locations designated by the Administrator. After installation and acceptance by the
Administrator, the homeowners' association shall pay the cost of maintenance and power
and assume ownership of the streetlights that are not the obligation of ACHD.
• Eagle City Code Section 11A-13D-1-8: Underground Utilities:
Underground utilities are required.
• 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.
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.
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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 11A-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.
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• 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 11 A-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-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."
• 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."
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Lots 18 and 23, Block 2 contain a 14-foot (14') wide emergency fire ingress/egress easement to
allow for the adequate access and turn around of a fire ap]paratus, 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 11A-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.com/player/clip/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 site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document dated
April 3,2023.
PUBLIC HEARING OF THE COUNCIL:
A public hearing on the application was held before the City Council on April 25,2023, at which time
testimony was taken and the public hearing was closed. The Council made their recommendation at
that time.
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A. Oral testimony in favor of the application was presented to the City Council by no one (not
including the applicant/representative).
B. Oral testimony in opposition to the application was presented to the City Council Commission by
no one.
COUNCILS DECISION:
The Council voted 4 to 0 to recommend approval of PP-20-22 for a preliminary plat for Valnova Lot
51 Subdivision with the following site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of the Amended and Restated Development Agreement (Ada County
instrument#114006036)associated with rezone application RZ-19-06.
2. Comply with the conditions of FPDP-06-21.
3. Comply with all applicable conditions of the Spring Valley Planning Unit Master Plan No.1 (PU-01-
21).
4. Comply with all requirements of the mass grading permit associated with Spring Valley PUMP No. 1.
5. Comply with all requirements of the City Engineer.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
7. The private alleys shall be constructed pursuant to the requirements of Eagle City Code section 11 A-
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.
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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.
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
11A-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
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to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the
project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C),which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat." The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,
prior to the City Engineer signing the final plat,requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction,rerouting,covering or changing has first been approved in writing by
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.
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12. Encroachments including,but not limited to, landscaping,fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district,canal company,ditch association,drainage district,drainage entity
or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,and
as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square
feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction,and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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.
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Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping,common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or the Eagle Parks,Pathways, and Recreation Commission for
a path or walkway shall be approved in writing by the Eagle City Parks,Pathways,and Recreation
Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan(if applicable)in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan,and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
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.
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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 Council 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 11A(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).
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b. Will be harmonious with and in accordance with the general objectives of Title 11A of the Eagle
City Code since the development is consistent with the Comprehensive Plan Land Use Map
designation of Mixed Use and provides the required improvements for a subdivision or as may be
conditioned herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area and because this site will be designed in
accordance with the requirements of the proposed development agreement modification,standards
of Eagle City Code and the Eagle Architecture and Site Design book(EASD);
d. Will not create excessive additional requirements at public cost for facilities and services as the site
will be served with central sewer from the Eagle Sewer District and will use public water to be
served from 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 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.
DATED this 9th day of May, 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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