Findings - PZ - 2023 - PU-01-23 - Valnova/Spring Valley PUMP No. 2 - Planning Unit Master Plan (PUMP) No. 2 within Valnova/Spring Valley (Regional Open Space) BEFORE THE EAGLE PLANNING&ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR PLANNING UNIT MASTER PLAN )
(PUMP)NO.2 WITHIN VALNOVA/SPRING )
VALLEY FOR THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PU-01-23
The above-entitled Planning Unit Master Plan (PUMP) application came before the Eagle Planning &
Zoning Commission for their action on June 5, 2023, at which time public testimony was taken and the
public hearing was closed. The Eagle Planning&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:
The City of Eagle, represented by Daniel Miller, is requesting approval of Planning Unit Master
Plan(PUMP)No. 2 as part of the Valnova Planned Development. PUMP No. 2 consists of 81.06-
acres and is proposed to designate the land as Regional Open Space(ROS)pursuant to Eagle City
Code Title I I A and in accordance with the amended and restated development agreement
associated with the Spring Valley/Valnova Development. The 81.06-acre site is generally located
at the northeast corner of the intersection of State Highway 16 and Equest Lane.
B. APPLICATION SUBMITTAL:
A neighborhood meeting was held at 6:00pm at Eagle City Hall on May 3, 2023, in compliance
with the application submittal requirements of Eagle City Code. The application for this item was
received by the City of Eagle on May 16,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on May 17, 2023, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code, and the Eagle City Code on May 19, 2023.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 Eagle City Code on May 19,2023.Notice
of this public hearing was mailed in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on May 19,2023. The site was posted in accordance with Eagle
City Code on May 26,2023.The official affidavit of site posting from the applicant was provided
to the City 10-days prior to the hearing on May 26,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
This development received original entitlements and approvals under the working name "M3
Eagle", which was later changed to "Spring Valley" when the property came under new
ownership. This was later changed to "Valnova."
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).
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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 MOD 1).
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 September 27,2022,the City Council approved a zoning ordinance amendment associated with
Eagle City Code Title 11A(ZOA-03-22).
On December 20,2022,the City Council finalized the transfer of this 84-acres of land from GWC
Capital,LLC to the City of Eagle through a structured purchase and park impact fee reimbursement
agreement.
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Comprehensive Zoning Designation: Land Use:
Plan Designation:
Existing Foothills Residential R-1-DA Rural Residential/Large Lot Single
Family(Gulch Ranch Estates
Subdivision&Kling Estates
Subdivision)/Vacant Land/
Limited Agriculture
Proposed Foothills Residential R-1-DA(No Change) 81.06-acres ROS(Regional Open
(No Change) Space for use as a regional sports
park)
North of site Foothills Residential RR(Rural Residential— Rural Residential(Kling Estates)/
(Ada County Ada County Designation) Large Lot Single Family/Vacant
Designation) Land/Limited Agriculture
South of site BLM Land PS(Public/Semi-Public) Vacant Land
East of site Foothills Residential RR(Rural Residential— Rural Residential/Large Lot Single
Ada County Designation) Family
West of site RUT-Rural Urban RUT-Rural Urban Rural Residential/Vacant Land
Transition(Ada Transition(Ada County
County Designation) Designation)
G. DESIGN REVIEW: Subject to ECC 11A-3 -Spring Valley Design Review
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H. GENERAL PUMP No.2 DATA/DESIGN:
1. PUMP No.2 Overall—Acreage*:
(See 1.4 "Planning Concept"and Table 1:Project Summary in the Development Agreement)
Total Acreage of Valnova/Spring Valley: 6,017.00 acres
Total Approved Acreage of prior PUMPs: 1,005.91 acres
Proposed Total Acreage in PUMP No.2: 81.06-acres
Proposed Residential Acreage in PUMP No.2: 0.00-acres
Proposed Non-Residential Area in PUMP No. 2: 0.00-square feet
Proposed Open Space in PUMP No. 2: 81.06-acres
a. Southwestern Residential PA Acreage*:
Total Acreage of PA in Spring Valley: 419.00-acres
Total Acreage of PA in Prior PUMPs: 307.92-acres
Total Acreage of PA in PUMP No.2: 81.0-acres
Residential Acreage in PA: 0.00-acres
Non-Residential Area in PA: 0.00-square feet
Open Space Acreage in PA: 81.06-acres
*As proposed within the PUMP No. 2 application
2. PUMP No.2 Overall Residential Units:
(See 1.4 "Planning Concept"and Table 1:Project Summary in the Development Agreement)
Maximum Allowable Units in Spring Valley: 7,160 units max.,total+
Total Approved Units in Prior PUMPS: 2,199 units max.
Number of Units in PUMP No.2: 0 units
Remaining Units in Spring Valley: 4,961 units,max.
Current Total Development Density: 0.37 du/ac
Current PUMP No.2 Density: 0.00 units per acre
Maximum Density Spring Valley: 1.19 du/ac,max.
'Including all applicable bonus densities or if developed per the D.A.
a. Southwestern Residential PA Residential Units*:
Maximum Allowable Units in PA: 450 units
Proposed Units in PA in PUMP No. 1: 449 units
Proposed Units in PA in PUMP No.2 1 unit
Remaining Units in PA: 1 unit
Maximum Allowable PA Density: 1.07 du/ac,max.
Current Total PA Density: 1.15 du/ac
Proposed PUMP No.2 Density: 0.00 du/ac
• The number of dwelling units shall not exceed 7,160 dwelling units for the entire Project
unless Additional Property is annexed into the City and made subject to the approved
development agreement.
• At no time shall the buildable lot total in any planning area exceed the allowable maximums
as allowed through the development agreement.(See 1.4"Planning Concept"and Table 1:
Project Summary in the Development Agreement)
• Pursuant to the prior approval of PUMP No. 1 (PU-01-21),the Southwestern Planning Area
has consumed 99.7% of the residential units (449 of 450 max. total) allowed within the
Planning Area but has only consumed 73.5%of the acres(307.92 of 419.00 max.total)of
the Planning Area.This application,PUMP No.2,will consume an additional 81.06-acres
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of land within the Southwestern Planning Area's (totaling 388.98 of 419 total maximum
acres). Should this application be approved,the Southwestern Planning Area will one (1)
additional residential lot and 7%of its total area(30.02 acres)remaining.
• PUMP No. 2 designates all the applicable 81.06 acres as Regional Open Space (ROS).
There are no residential units proposed within PUMP No.2.
*As proposed within the PUMP No. 2 application
3. PUMP No.2 Bonus Density Allocation:
(See 1.4 `Planning Concept"and Table 1:Project Summary in the Development Agreement)
a. Spring Valley Totals*:
Maximum Allowable Units in Spring Valley: 7,160 units max.,total'
Total Units Consumed in PUMP No. 1: 2,199 units
Maximum Remaining Units in Spring Valley: 4,961 units,max.
'Including all applicable bonus densities or if developed per the D.A.
b. Base Density*:
Maximum Base Density Units in Spring Valley: 3,008 units
Base Density Units Consumed in Prior PUMPs: 1,141 units
Remaining Base Density Units in Spring Valley: 1,867 units,max.
c. Community Open Space(COS)*:
Total COS Bonus Units Allowed in Spring Valley: 161 units
COS Bonus Units Earned in Prior PUMPs: 0 units
COS Bonus Units Earned in PUMP No.2: 0 units
COS Bonus Units Consumed Prior PUMPS: 0 units
COS Bonus Units Consumed in PUMP No.2: 0 units
Remaining COS Units in Spring Valley: 161 units,max.
d. Regional Open Space(ROS)*:
Total ROS Bonus Units Allowed in Spring Valley: 880 units
ROS Bonus Units Earned in Prior PUMPS: 0 units
ROS Bonus Units Earned in PUMP No. 2: 65 units
ROS Bonus Units Consumed in Prior PUMPS: 0 units
ROS Bonus Units Consumed in PUMP No. 2: 0 units
Remaining ROS Units in Spring Valley: 880 units,max.
e. Community Center(CC)*:
Total CC Bonus Units Allowed in Spring Valley: 220 units
CC Bonus Units Earned in Prior PUMPS: 0 units
CC Bonus Units Earned in PUMP No. 2: 0 units
CC Bonus Units Consumed in Prior PUMPS: 0 units
CC Bonus Units Consumed in PUMP No.2: 0 units
Remaining CC Units in Spring Valley: 220 units,max.
f. Neighborhood Center(NC)*:
Total NC Bonus Units Allowed in Spring Valley: 2,240 units
NC Bonus Units Earned in Prior PUMPS: 1,448 units
NC Bonus Units Earned in PUMP No.2: 0 units
NC Bonus Units Consumed in Prior PUMPs: 1,059 units
NC Bonus Units Consumed in PUMP No.2: 0 units
Remaining NC Units in Spring Valley: 1,181 units,max.
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g. Open Space Funding(OSF)*:
Total OSF Bonus Units Allowed in Spring Valley: 651 units
OSF Bonus Units Earned in Prior PUMPS: 0 units
OSF Bonus Units Earned in PUMP No.2: 0 units
OSF Bonus Units Consumed in Prior PUMPs: 0 units
OSF Bonus Units Consumed in PUMP No. 2: 0 units
Remaining OSF Units in Spring Valley: 651 units,max.
*As proposed within the PUMP No. 2 application
4. PUMP No.2 Open Space Overall*:
(See 2.6(a) `Master Parks, Trails, and Open Space Plan"in the Development Agreement)
Total Open Space in Prior PUMPS: 505.07-acres
Total Open Space in PUMP No.2: 81.06-acres
Regional Open Space in PUMP No.2: 81.06-acres
Community Open Space in PUMP No.2: 0-acres
%Open Space in PUMP No. 2: 100%(of 81.06-acres)
Required Minimum Open Space: 20%(16.2 1-acres)
Total Open Space Goal: 40%(32.42-acres)
a. Southwestern Residential PA Open Space*:
Total Open Space in Prior PUMPs: 160.27-acres
Total Open Space in PUMP No. 2: 81.06-acres
Regional Open Space in Prior PUMPS: 126.80-acres
Regional Open Space in PUMP No.2: 81.06-acres
Community Open Space in Prior PUMPS: 33.47-acres
Community Open Space in PUMP No.2: 0.00-acres
%of Developable Acres: 62.0%(of 388.98-acres)
Required Minimum PA O.S.: 15%(46.19-acres)
*As proposed within the PUMP No. 2 application
5. PUMP No.2 Total Units Adjacent to Open Space(O.S.)*:
(See 1.4 "Planning Concept"in the Development Agreement)
Total Number of Dwelling Units in PUMP No.2: 0 units
Required Dwelling Units Adjacent to Open Space: 0 units(50%)
Proposed Dwelling Units Adjacent to Open Space: 0 units(100%)
*As proposed within the PUMP No. 2 application
6. PUMP No.2 Constrained Lands and Habitat of Special Concern(HASC):
(See 1.3 "Mitigation"in the Development Agreement)
Total Pre-Mitigation Acreage in Spring Valley: 1,160-acres
Total Post-Mitigation Acreage Required for Spring Valley: 580-acres
(580 acres/1,160 acres) 50%
Total Pre-Mitigation Acreage in Prior PUMPs: 453.36-acres
Total Post-Mitigation Acreage in Prior PUMPS: 194.62-acres
(194.62 acres/453.36 acres) 42.9%of Prior PUMP HASC
(901.26 acres/1,160.00 acres) 77.7%of SV HASC
Total Pre-Mitigation Floodplain Area: 147.01-acres
Total Post-Mitigation Floodplain Area: 33.12-acres
Total Pre-Mitigation Slopes>30%: 67.85-acres
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Total Post-Mitigation Slopes>30%: 10.48-acres
Total Existing HASC Area: 453.36-acres
Total Preserved HASC Area: 143.07-acres
Total Riparian HASC Rehabilitation: 11.16-acres
Total Upland HASC Rehabilitation: 40.29-acres
a. Southwestern Residential PA Constrained Lands and HASC*:
Pre-Mitigation Floodplain Area: 90.02-acres
Post-Mitigation Floodplain Area: 16.25-acres
Pre-Mitigation Slopes>30%: 9.16-acres
Post-Mitigation Slopes>30: 1.05-acres
Existing HASC Area: 307.77-acres
Preserved HASC Area: 93.97-acres
Riparian HASC Rehabilitation: 16.25-acres
Upland HASC Rehabilitation: 24.90-acres
b. Southern Residential PA Constrained Lands and HASC*:
Pre-Mitigation Floodplain Area: 7.61-acres
Post-Mitigation Floodplain Area: 5.94-acres
Pre-Mitigation Slopes>30%: 17.79-acres
Post-Mitigation Slopes>30: 0.66-acres
Existing HASC Area: 73.22-acres
Preserved HASC Area: 27.83-acres
Riparian HASC Rehabilitation: 5.94-acres
Upland HASC Rehabilitation: 2.86-acres
c. Northern Residential PA Constrained Lands and HASC*:
Pre-Mitigation Floodplain Area: 0.00-acres
Post-Mitigation Floodplain Area: 0.00-acres
Pre-Mitigation Slopes>30%: 28.92-acres
Post-Mitigation Slopes>30: 6.63-acres
Existing HASC Area: 1.68-acres
Preserved HASC Area: 1.29-acres
Riparian HASC Rehabilitation: 0.00-acres
Upland HASC Rehabilitation: 0.00-acres
d. Big Gulch PA Constrained Lands and HASC*:
Pre-Mitigation Floodplain Area: 49.38-acres
Post-Mitigation Floodplain Area: 10.93-acres
Pre-Mitigation Slopes>30%: 11.98-acres
Post-Mitigation Slopes>30: 2.14-acres
Existing HASC Area: 71.01-acres
Preserved HASC Area: 19.98-acres
Riparian HASC Rehabilitation: 0.00-acres
Upland HASC Rehabilitation: 1.60-acres
e. Highway Mixed Use PA Constrained Lands and HASC*:
Pre-Mitigation Floodplain Area: 0.00-acres
Post-Mitigation Floodplain Area: 0.00-acres
Pre-Mitigation Slopes>30%: 0.00-acres
Post-Mitigation Slopes>30: 0.00-acres
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Existing HASC Area: 0.00-acres
Preserved HASC Area: 0.0-acres
Riparian HASC Rehabilitation: 0.00-acres
Upland HASC Rehabilitation: 0.00-acres
I. ECONOMIC ANALYSIS:
The City contracted with independent economic consulting firm TischlerBise who provided an
economic analysis of the proposed development. Their report was received and dated stamped by
the City on May 11,2021.In conjunction with the analysis provided by TischlerBise,the applicant
provided an independent report completed by Zion's Bank Public Finance, whose report was
received by the City on April 6,2021,and later revised to include the City's approved land values
and Fiscal Impact Tool absorption category classification table and was resubmitted to the City on
July 21,2022.The subject property was identified as open space in both studies.The TischlerBise
economic analysis and the Zion's Bank and Public Finance independent report is incorporated
herein by reference.
J. LAND USE MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Land Use
Master Plan is addressed in the applicant's narrative received and date stamped by the City on May
17,2023,and the applicant's Planning Unit Master Plan No.2.
K. PHASING PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Phasing Plan
is addressed in the applicant's narrative received and date stamped by the City on May 17,2023,
and the applicants Planning Unit Master Plan No.2.
L. STREETS AND CIRCULATION MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Street and
Circulation Master Plan is addressed in the applicant's narrative received and date stamped by the
City on May 17,2023,and the applicant's Planning Unit Master Plan No.2.
The Idaho Transportation Department (ITD) issued a letter dated May 23, 2023. This letter is
attached hereto and incorporated herein by reference.
M. POTABLE WATER MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Water
Facilities Master Plan is addressed in the applicant's narrative received and date stamped by the
City on May 17, 2023, and the applicant's Planning Unit Master Plan No. 2 attached hereto and
incorporated herein by reference.
N. WASTEWATER MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Wastewater
Master Plan is addressed in the applicant's narrative received and date stamped by the City on May
17, 2023, and the applicants Planning Unit Master Plan No. 2 attached hereto and incorporated
herein by reference.
The Eagle Sewer District issued a letter on May 31,2021,which is attached hereto.
O. DRAINAGE MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Drainage
Master Plan is addressed in the applicant's narrative received and date stamped by the City on May
17, 2023, and the applicant's Planning Unit Master Plan No. 2 attached hereto and incorporated
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herein by reference.
The City received a letter of approval from FEMA of the M3 CLOMR on November 18, 2013
attached hereto and incorporated herein by reference.
All development within Spring Valley PUMP No.2 shall be reviewed and approved consistent with
Eagle City Code Title 10: Floodways.
P. PRESSURIZED IRRIGATION MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Pressure
Irrigation Master Plan is addressed in the applicant's narrative received and date stamped by the
City on May 17, 2023, and the applicant's Planning Unit Master Plan No. 2 attached hereto and
incorporated herein by reference.
Q. POWER&GAS PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Power and
Gas Master Plan is addressed in the applicant's narrative received and date stamped by the City on
May 17, 2023, and the applicant's Planning Unit Master Plan No. 2 attached hereto and
incorporated herein by reference.
R. PARKS,TRAILS,AND OPEN SPACE PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Parks,Trails,
and Open Space Plan is addressed in the applicant's narrative received and date stamped by the
City on May 17, 2023, and the applicant's Planning Unit Master Plan No. 2 attached hereto and
incorporated herein by reference.
S. LOT OPEN SPACE ADJACENCY PLAN:
No residential units are proposed within this PUMP application.Upon approval,the Southwestern
Residential Planning area will remain at 73.6%of dwelling units that abut Open Space.
T. ENVIRONMENTAL DESIGN MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the
Environmental Design Master Plan is addressed in the applicant's narrative received and date
stamped by the City on May 17,2023,and the applicant's Planning Unit Master Plan No.2 attached
hereto and incorporated herein by reference.
U. CONSTRAINED LANDS PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Constrained
Lands Plan is addressed in the applicant's narrative received and date stamped by the City on May
17, 2023, and the applicant's Planning Unit Master Plan No. 2 attached hereto and incorporated
herein by reference.There are no constrained lands within this proposed subject property.
V. HABITAT AREA OF SPECIAL CONCERN PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Habitat Area
of Special Concern Plan is addressed in the applicant's narrative received and date stamped by the
City on May 17, 2023, and the applicant's Planning Unit Master Plan No. 2 attached hereto and
incorporated herein by reference.
W. SUPER PAD/LARGE PARCEL MASTER PLAN:
A super pad/large parcel plan is not applicable to this PUMP application.
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X. PUBLIC FACILITIES MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Master Public
Facilities Plan is addressed in the applicant's narrative received and date stamped by the City on
May 17,2023,and the applicants Planning Unit Master Plan No.2 attached hereto and incorporated
herein by reference.
Y. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
• Ada County Highway District(email dated September 16,2022)
• Eagle Sewer District(email correspondence dated May 31,2023)
• Historical Preservation Commission(email correspondence dated May 18,2023)
• Idaho Department of Environmental Quality(letter dated May 25,2023)
• Idaho Fish&Game(email correspondence dated May 24,2023)
• Idaho Transportation Department(letter dated May 23,2023)
• Marathon Pipe Line LLC(email correspondence dated May 19,2023)
Z. LETTERS FROM THE PUBLIC(attached hereto and incorporated herein by reference):
• Email correspondence from Joyce D'Agostino,received by the City on May 3,2023.
AA. REQUIRED FINDINGS FOR A PLANNING UNIT MASTER PLAN:
11A-7-5A-2-ACTION BY PLANNING&ZONING COMMISSION:
Upon making a recommendation the Commission shall specify in writing:
a. This Planning Unit Master Plan (PUMP) application was reviewed for conformity
against Title 11 A,the recorded development agreement for the Valnova development,
and previously approved PUMP applications;
b. The facts submitted with the application and presented establishes that:
1) The PUMP substantially conforms with:the PADA and subsequent amendments;
this Title(Title I IA);applicable master plans approved by the City;and/or other
applicable information reasonably relied on by the City necessary to uphold the
intent of the PADA and this Title:
2) Streets and thoroughfares proposed are suitable and adequate to carry anticipated
traffic,and increased densities,if any,will not generate traffic is such amounts as
to overload the street network because the subject property is located immediately
adjacent to the state highway system with direct access to State Highway 16, as
approved by the Idaho Transportation Department. The internal vehicular
thoroughfare is a private,internal looped drive that solely provides access to the
park and does not provide connectivity or resulting traffic to other public streets;
3) The proposed commercial/non-residential development is justified at the
locations proposed and is consistent with the PADA because the location adjacent
to the highway supports the proposed park use;
4) The information provided from the agencies having jurisdiction over public
facilities needed for the site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed within the PUMP
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area. The Planning Unit will be served, or is conditioned to be served, by
adequate public services.
c) A summary of the current status of overall Planning Area density, Open Space,
Community Centers, Neighborhood Centers, re-assignment of densities, and other
adjustable factors as set forth in the PADA has been provided within the staff report.
THE 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 COMMISSIONS FINDINGS OF FACT
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
See the Eagle Foothills Subarea Plan and the Findings of Fact and Conclusions of law for RZ-19-
06,including MOD 1 and MOD 2. These documents are incorporated herein by reference.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
1.2 Planned Development:
2°d Paragraph:City hereby authorizes Developer to include in Planning Unit Master Plans the types
of uses that are the same as or similar to (as reasonably determined by City's Zoning
Administrator), and densities and intensities of uses equal to or less than, those set forth in this
Agreement and/or Title 11. Development of the Property may include, without limitation, the
planning, design, engineering, construction, acquisition, installation, and/or provision of
improvements of any sort or nature, including private infrastructure and Public Infrastructure
related to development of the Property,whether located within or outside the Property. City,having
exercised City's discretion in approving this Agreement, shall cooperate reasonably in
administratively-processing the approval or issuance of such permits, plans, specifications, plats
and/or other development approvals of or for the Property as may be requested by Developer in
order to implement the Project,and which are reasonably consistent with this Agreement.
1.4 Planning Concept:Starting at 21 Paragrayh:The Project is planned for a Base Project Density
of 0.5 units per gross acre,or 3,008 dwelling units,and 245 acres for Non-Residential Use. Through
the application of the Bonus Density provisions, the Maximum Density may be increased up to
1.19 units per gross acre, not to exceed 7,160 dwelling units, and 245 acres for Non-Residential
Use. In the event that any of the Non-Residential Use lands within a Planning Area are developed
as residential, Developer may allocate any unused acres for Non-Residential Use to another
Planning Area as provided in this section 1. In the event Additional Property is annexed the process
is set forth in this section 1.
Bonus Density is achieved at the time of City's approval of any PUMP as follows:
■ 2.5 units for each acre of a Community Center shown on such City-approved PUMP.
■ 10 units for each acre of a Neighborhood Center shown on such City-approved PUMP.
■ 1 unit for each acre of Regional Open Space shown on each City-approved PUMP and
cumulatively for all prior City-approved PUMPS over and above the 20% Open Space
minimum requirement not to exceed 1,250 units.
■ 0.5 units for each acre of Community Open Space shown on each City-approved PUMP and
cumulatively for all prior City-approved PUMPS over and above the 20% Open Space
minimum requirement.
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■ 10% of the total units for a Regional Open Space funding mechanism as described further in
Section 2.6(f)herein.
To achieve Bonus Density in a PUMP, there must be a minimum Open Space of 20% in such
PUMP,which Open Space shall be first calculated using Community Open Space. Bonus Density
shall be re-calculated upon the submittal of each PUMP and/or plat.
Spring Valley is being planned as five different Planning Areas, as set forth in Exhibit B and
Exhibit(s)D, D1, D2, D3, D4 and 135; the density allocation planned for each Planning Area is
summarized in Table 1 below. Each Planning Area represents a unique design based upon:
(i) topography;(ii)location within the Development Plan;(iii)existing and planned transportation
corridors; (iv)a balance of commercial, employment and residential uses to promote trip capture
within the Project; (v)a wide array of housing and employment options to create a live/work
environment;(vi)regional and community Open Space;and(vii)dedication or donation of public
facility sites for schools,police and fire,library,parks,public and civic uses. Within all Planning
Areas a minimum of 50%of all dwelling units,and 65%of all single-family detached lots less than
5,000 square feet,and 50%of all single-family detached lots less than 8,000 square feet shall abut
some form of Open Space.
1.6 Planning Unit Master Plan(PUMP): Each Planning Unit Master Plan shall be based on the
Planning Area plans set forth in Exhibit(s)D, D1, D2, D3, D4 and D5 and the Conceptual
Development Plan set forth in Exhibit E. The Conceptual Development Plan will be updated when
necessary to reflect modifications or to refine phasing within the respective Planning Unit Master
Plans. It is not necessary for Planning Unit Master Plans to encompass the same geographical area
as a Planning Area. A Planning Unit Master Plan should reflect the area within the Project that the
Planning Unit Developer is proposing to subdivide. The Planning Unit Master Plan may address a
portion of one or more Planning Area(s)or Planning Unit(s),a complete Planning Area or Planning
Unit, and/or more than one Planning Area or Planning Unit. The Planning Unit Master Plan shall
be filed with the Zoning Administrator for review as to completeness and compliance with the
application requirements of Title 11 of Eagle City Code and this Agreement. Thereafter, the
Planning Unit Master Plan shall be reviewed by the Planning & Zoning Commission for
recommendation to City Council in accordance with the notice and hearing procedures of Title 11
of Eagle City Code. If the Planning Unit Master Plan is substantially in conformance with this
Agreement and Title 11 of Eagle City Code,the Planning&Zoning Commission and City Council
shall not unreasonably withhold approval.
2.1 Traffic and Circulation:
(a) Ada County Hi way District; Idaho Transportation Department. Improvements to the
ACHD and/or ITD Traffic System, as applicable, within the Project shall be provided at the
direction of ACHD, ITD or some other legally-constituted entity with jurisdiction over the
ACHD Traffic System and/or the ITD Traffic System. Unless City has such jurisdiction,City
shall not be responsible for any approvals or access permits required or construction or
maintenance costs associated with the ACHD Traffic System and/or the ITD Traffic System,
within the Project.
(c) ACHD Traffic System: Developer, with consultation with ACHD, will design, engineer,
construct, acquire, install, permit and dedicate the ACHD Traffic System within and/or
proportional to the Project's impacts in accordance with the Master Streets&Circulation Plan,
Planning Unit Master Streets & Circulation Plans and the Phasing Plan and all planning and
study documents of ACHD.
(d) ITD Traffic System: Developer, with consultation with ITD, will design, engineer,
construct, acquire, install,permit and dedicate the ITD System within and/or adjacent and/or
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proportional to the Project's impacts in accordance with the Master Streets&Circulation Plan,
Planning Unit Master Streets&Circulation Plans and Phasing Plan and all planning and study
documents of ITD. City and Developer shall cooperate in pursuit of funding from or authorized
by the State of Idaho for the construction of Developer's proportionate share of necessary
improvements to the ITD System (which improvements may include, without limitation,
interchanges, roundabouts, traffic signals, turning lanes and frontage roads) required to
implement this Plan.
(e)Planning Unit Master Streets&Circulation Plan: A detailed analysis of the ACHD Traffic
System within the Project and the ITD Traffic System within and/or adjacent to the Project and
the ultimate design and locations of streets and circulation improvements shall be consistent
with the Master Streets &Circulation Plan and further defined in each Planning Unit Master
Streets&Circulation Plan,which analysis shall be submitted and approved by ACHD and/or
ITD,as appropriate. Each Planning Unit Master Streets&Circulation Plan shall be prepared
by Developer and approved by City taking into account the Master Streets&Circulation Plan,
and any amendments thereto and the recommendations of ACHD and/or ITD, as applicable.
Each Planning Unit Master Streets & Circulation Plan shall address any increase or decrease
in traffic volumes from other Planning Unit Master Plans and the particular Planning Unit being
planned that may occur as development progresses and densities and intensities are rearranged.
2.2 Water:
(a) Municipal Water Right; Monitoring Plan: Pursuant to that certain Assignment of
Application and Permit dated and filed with IDWR on June 13,2011,which remains in effect
and is applicable to this Agreement,Developer has conveyed to City ground water right no.63-
32573(the"Municipal Water Right"),which is to be used to provide municipal water service to
the Project for all of its municipal uses, including without limitation irrigation, storage,
residential, commercial, industrial, and other municipal uses. The Municipal Water Right
requires ground water monitoring in accordance with its Attachment B, which is a March 17,
2011 Technical Memorandum setting forth a water level/water production monitoring and
reporting plan(the"Monitoring Plan"). Developer has been implementing the Monitoring Plan
and is responsible for all costs of implementing the Monitoring Plan until a Completed Portion
is conveyed to City. As Completed Portions are conveyed to City,City shall be responsible to
pay its proportionate share of the total Monitoring Plan costs, its share being calculated as
follows:total Monitoring Plan costs(A);multiplied by the results of the number of connections
to the Water System by a "customer(s)" or "user(s)" as defined by Eagle City Code Title 6
Chapter 5(B);divided by the total Project residential density of 7,160 dwelling units(C). (A x
(B _ Q. Nothing in this Agreement, or action taken pursuant to this Agreement, shall be
deemed to convey or grant any interest in the Municipal Water Right to Developer.
(b) Irrigation and Related Uses: The Irrigation System shall be effluent (including reuse) or
other systems used for storage, delivery and the use of treated effluent on site, any water right
or entitlement associated with ditch company shares, any surface water or ground water
(excluding Permit # 63-32573 or any existing or future water rights held by the City) or any
additional water right or permits that may be associated with irrigation,aesthetics,amenities,or
open space purposes. Connection to the water system shall be consistent with paragraph 2.2(a)
of this Agreement.Developer may provide additional water rights or entitlements for use on the
Project,through Developer's own system or otherwise,for irrigation,aesthetic,amenity and/or
open space use not served by the Water System within the Project,and shall make best efforts
to provide for these uses with surface water,such as Farmers Union Canal Company or Re-Use
Water or existing irrigation wells on the Property that are not part of the Water System. The
method of providing water for irrigation uses shall be at the discretion, and under the control,
of Developer so long as an adequate system and source of supply is provided,including a source
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of supply consistent with Sections 2.2(a)and 2.3 below. Any irrigation system shall meet the
requirements of Eagle City Code Title 11. If Developer so requests, City will give good faith
consideration to establishing a city irrigation system pursuant to Title 50, Chapter 18, Idaho
Code,or otherwise,to deliver irrigation water to the Project. If City decides not to establish a
city irrigation system, Developer may establish or contract with an irrigation or other special
district,a canal company,or similar entity to serve the Project's irrigation needs consistent with
the provisions of this Section. Nothing in this section shall limit water delivery from City to
Developer at a wholesale rate during those times when such water is available under the
Municipal Water Right if it is not needed to serve other municipal water needs in the Project,
and Developer has not yet constructed the facilities or generated the re-use or other irrigation
water necessary to serve such needs.
2.3 Wastewater Treatment and Disposal:
(a) Eagle Sewer District: Sanitary sewer collection, treatment and disposal shall be provided
by Sewer District or some other legally constituted public or private provider allowed to operate
in City. Developer agrees to annex to Eagle Sewer District and further agrees not to seek other
sewer treatment services unless or until Eagle Sewer District refuses to serve the Project. City
shall not be responsible for any treatment,maintenance or costs associated with sanitary sewer
collection,treatment and disposal in connection with the Project.
(b)Master Wastewater Study; Master Wastewater Plan: Developer has completed the Master
Wastewater Study and Master Wastewater Plan which has been submitted to Eagle Sewer
District for approval. The Master Wastewater Plan, to be developed based on the Master
Wastewater Study provides general locations of the major wastewater infrastructure needed to
provide service for the Property.
2.4 Storm Water Drainage:
(a) Ada County Highway District: Post-development storm water management includes
drainage collection, diversion, detention, retention, dispersal, use and discharge, which shall
be provided by ACHD or some other legally-constituted public or private provider allowed to
operate in City and having jurisdiction over the Drainage System. Unless City has such
jurisdiction, City shall not be responsible for any approval, construction, collection,
conveyance or maintenance costs associated with the Drainage System within the Project.
(b) Master Drainage Study; Master Drainage Plan: Developer shall complete the Master
Drainage Plan, based on the Master Drainage Study to describe pre-development drainage
characteristics of the Property and a conceptual hydrologic and hydraulic analysis of the
Property's existing and proposed Drainage System. In connection with such Master Drainage
Plan, Developer determined the applicable 100-year floodway elevations for the Property and
shall obtain from FEMA a Conditional Letter of Map Revision ("CLOMR')that adjusts the
floodway boundaries. City shall use all good faith efforts to cooperate with Developer in
connection with any of Developer's applications to FEMA to modify relevant flood maps to
reflect actual conditions.
2.6 Parks,Trails and Open Space:
(a)Master Parks,Trails and Open Space Plan:The Project will contain Open Space,totaling a
gross minimum acreage of 20% of the Project area with an overall goal of providing 40%or
more of the Project area as Open Space in exchange for Bonus Density described in section
1.4, above. Each Planning Area shall contain a minimum of 15% of its total gross acres as
Open Space. A Master Parks,Trails and Open Space Plan for the Project is shown on Exhibit I,
which depicts the intent to link neighborhoods and Planning Areas to various common areas
and recreational uses. The pathways and trails will be within and through Planning Areas and
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may be located along Open Space corridors and near or adjacent to community streets and
roads. Pathways and trails may also utilize drainage ways and dry gulches between common
areas and neighborhoods or may be combined with the drainage system for the Project. The
parks, trails and Open Space Plan shown on Exhibit I will be either owned by the Owners'
Association City, or another entity, or a combination of all three. Developer will submit to
City a more detailed Master Parks,Trails and Open Space Plan concurrently with the submittal
of the first Planning Unit Master Plan or portion thereof.
(b)A Planning Unit Master Parks,Trails and Open Space Plan:A Planning Unit Master Parks,
Trails and Open Space Plan shall be submitted as part of the Planning Unit Master Plan that
generally conforms to the Master Parks,Trails and Open Space Plan and will address roadway
crossings, habitat, trails within the Eagle Regional Park, ownership or intent to dedicate park
facilities if known at the time of submittal.
(f) Maintenance of Regional Open Space: Developer acknowledges the significance of the
public Regional Open Space being created in the foothills and agrees to cooperate with City to
establish an ongoing funding mechanism which is applicable to all residential and Non-
Residential Use lands, homes or buildings within the North Eagle Foothills Planning Area
and/or City limits. This funding mechanism shall be solely for the Regional Open Space
associated with this Project and identified in Exhibit I of this Agreement. The funding
mechanism requirement shall be met when Developer provides for funding of maintenance of
Regional Open Space through an Owners'Association's CC&Rs and such funding mechanism
is an obligation of all owners governed by such CC&Rs to fund the maintenance of Regional
Open Space within that area of Spring Valley governed by such CC&Rs. In no event does the
Density Bonus provision,in section 1.4 of this Agreement,apply until the funding mechanism
is established by Developer in accordance with this Agreement.
2.7 Planning Unit Master Environmental Design Plan: Landscape; Sjgnage: Lighting: All
development of the Property shall comply with the landscape, signage and lighting
standards of Eagle City Code Title 11.
(b) Habitat Mitigation Plan: A Habitat Mitigation Plan that addresses development within
Constrained Lands, as generally identified on Exhibit J as Habitat Areas of Special Concern,
has been prepared by Developer in cooperation with City. The City-approved Habitat
Mitigation Plan, attached hereto as Exhibit N, identifies areas where Mitigation is required,
the type of Mitigation actions, if any, required, and the rationale for such actions. City and
Developer may coordinate,cooperate,and consult with other agencies in the application of the
Habitat Mitigation Plan, but approval authority for the application of the Habitat Mitigation
Plan shall rest solely with City based on standards commensurate with such Habitat Mitigation
Plan(s) and based on findings that demonstrate a rational nexus Nothing in the Habitat
Mitigation Plan may be construed as either incorporating state and/or federal standards and/or
regulations that are not applicable to the Property or otherwise conferring any approval
authority for the Habitat Mitigation Plan to any state or federal agency. Implementation and
compliance with the Habitat Mitigation Plan shall be on a Planning Unit by Planning Unit basis.
A PUMP shall not be approved if development is proposed and compliance with the Habitat
Mitigation Plan has not been approved or conditionally approved in accordance with Eagle
City Code Title 11.
3.1 Regulation of Development:(a)Applicable Rules: The ordinances, rules,regulations,permit
requirements, development fees, other infrastructure fees, exactions, other requirements,
and/or official policies however denominated, applicable to and governing the
development of the Property shall be those that are existing and in force as of the Date of
Application, as may be mutually amended by amendment to this Agreement; provided,
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however, notwithstanding anything to the contrary herein, Titles 8 and 9 of Eagle City
Code are not applicable to Spring Valley and have been replaced by Title I I of Eagle City
Code.
3.2 Amendments:
2°d Paragraph: No moratorium, future ordinance, resolution or other land use rule or regulation
imposing a limitation on the development or the rate,timing or sequencing of the development,of
the Property or any portion thereof shall apply to or govern the development of the Property whether
affecting land use permits, subdivision plats, building permits, occupancy permits or other
entitlements to use issued or granted by City, except as otherwise provided in this Agreement.
Nothing in this section shall prohibit City from withholding the issuance of Certificates of
Occupancy for a structure to be occupied if the Public Infrastructure improvements set forth in this
Agreement and Planning Unit Master Plans required to serve the applicable portion of the Property
on which a structure to be occupied is to be located are not in place prior to occupation of such
structure.
B. PLANNED DEVELOPMENTS CODE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
I IA-2-2: LAND USE DISTRICTS:
E. Open Space:Open space districts consist of community open space(COS)and regional open
space(ROS).
2. Regional Open Space: Regional open space is intended to serve the general public and
may be adjacent to,or provide connection to,large scale regional open space within the
city's North Eagle Foothills planning area.Regional open space may include many of the
amenities provided in community open space as well as active regional parks,regional
trail corridors(such as the Big Gulch Regional Park,trail and open space corridor),and
large natural areas planned for dedication as permanent natural open space as part of an
Eagle Regional Park and Willow Creek Road open space corridor. Regional open space
may be owned and maintained by the city,the Spring Valley Community Association,a
land trust or other conservation group or entity. (Ord. 710, 1-14-2014)
Districts
Uses Open Space
ROS
Parks,Open Space,and Open Space Easements P
Recreation Fields,Courts,and Other Sports Facilities P/C
Pump Stations P
Maintenance Facilities Related to Open Space Uses A
*P=Permitted Use
P/C = Use either permitted by right or permitted by conditional use permit as defined in the
specific land use standards for that use.
A =Accessory Use
I IA-7-1: PURPOSE,GOALS,AND OBJECTIVES:
A. The purpose of the Planning Unit Master Plan is to ensure that the land uses and densities
prescribe for development are consistent with the PADA and this Title IIA prior to
subdivision;
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B. A Planning Unit Master Plan should reflect an area within Spring Valley that the Planning
Unit developer is proposing to subdivide in the future;
C. The Planning Unit Master Plan may address a portion of a Planning Area, a complete
Planning Area,or more than one Planning Area.
I IA-7-1:PURPOSE,GOALS,AND OBJECTIVES:
A. The purpose of the Planning Unit Master Plan is to ensure that the land uses and densities
prescribe for development are consistent with the PADA and this Title 11A prior to
subdivision;
B. A Planning Unit Master Plan should reflect an area within Spring Valley that the Planning
Unit developer is proposing to subdivide in the future;
C. The Planning Unit Master Plan may address a portion of a Planning Area, a complete
Planning Area,or more than one Planning Area.
11A-7-2: PUMP COMPLIANCE WITH PADA:
The PUMP process is intended to demonstrate substantial conformance with the land use and
infrastructure requirements found within the approved PADA dated January 15,2014.The PUMP
does not provide or constitute approval(s)to construct or develop the site.
An application for approval of a PUMP may be filed by a property owner or a person having an
existing interest in the property to be included in the PUMP.
11 A-7-3: OWNERSHIP REQUIREMENTS:
The PUMP application shall be filed in the name or names of the recorded owner or owners of
property included in the development.However,the application may be filed by the holder(s)of an
equitable interest in such property.
Documentation showing the approval by the Master Developer shall be presented at the time of
application submittal.
11 A-7-4: PLANNING UNIT MASTER PLAN(PUMP)APPLICATION REQUIREMENTS
A. A PUMP shall be prepared for each Planning Area as defined in the PADA,or a portion of a
Planning Area,detailing substantial conformance with Exhibits D,D1,D2,D3,D4,D5 and E
of the PADA which includes but is not limited to the general location and size of development
parcels;uses and density ranges for each parcel compared to the maximum allowed density and
units with the planning area; circulation system by road classification and the use of private
roads; backbone water, wastewater, drainage and irrigation facilities; locations for public
facilities; amenities,trails and acres of open space and habitat area; and landscape character.
A PUMP application shall be submitted to the Administrator for review and approval by the
City.
The applicant shall meet with the Administrator prior to the submission of the PUMP. The
purpose of this meeting is to discuss informally the proposed PUMP and to inform the applicant
of the applicable regulations.
B. The Zoning Administrator shall refer the PUMP application to as many governmental agencies
as deemed necessary. The Zoning Administrator shall provide that any transmittal will be
returned within fifteen(15)days. Such agencies may include the following:
1. Other governing bodies having joint jurisdiction;
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2. The appropriate utility companies, irrigation companies or districts and drainage
districts;
3.The superintendent of the school district; and
4.Other agencies having an interest in the proposed subdivision.
C. A PUMP application shall include the following information,on forms or in a format deemed
appropriate by the Zoning Administrator:
1. Project Narrative
a) Name, address, phone number and email address of the applicant, engineer and/or
planner.
b) Proof of ownership and, if appropriate, identification of the contract-purchaser along
with vesting deed,current Title insurance policy or commitment and legal description.
If the PUMP application is submitted by an applicant other than the Master Developer,
a letter from the Master Developer approving the submission of the application.
c) A submittal letter including a brief description of the project that also briefly describes
a history of previous project applications.
d) Description of how the PUMP is consistent with the existing and planned uses outlined
in the PADA and the Spring Valley Master Plan. If the PUMP is not in substantial
conformance with any component of the Spring Valley Master Plan,an amendment of
the nonconforming component of the Master Plan shall be submitted
contemporaneously with the PUMP application.
e) A tabulation of proposed residential units and non-residential acres in the Planning
Unit compared to the number of units and non-residential acres allowed in the Spring
Valley Master Plan and the applicable Planning Area in which the PUMP is located,
including cumulative totals approved in connection with previous PUMPS. Such
tabulation shall show the trend toward achieving the Planning Area requirement 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.
f) A tabulation of the constrained (pre-mitigation) and unconstrained (post-mitigation)
acreage for the PUMP and the Planning Area.
g) A vicinity map at a scale approved by the Administrator showing the relationship of
the PUMP to the Spring Valley Master Plan and Eagle Comprehensive Plan.
D. DISCUSSION:
• Eagle City Code Section 11A-7-1 states, in part,that"the purpose of the planning unit master plan
is to ensure that the land uses and densities prescribed for the development are consistent with the
PADA (Pre-Annexation Development Agreement) and this title prior to subdivision' and that "A
planning unit master plan should reflect an area within Spring Valley that the planning unit
developer is proposing to subdivide in the future." In order to comply with these requirements of
Title 11A, the applicant (The City) should submit a subdivision application and obtain final plat
approval prior to a Certificate of Completion being issued for the proposed regional sports park.
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• Central services including domestic water and sanitary sewer that is being developed as part of the
Valnova development will be available to serve the subject property in the future. When central
services are available to the site, the applicant (The City of Eagle) should connect to the City of
Eagle Water system for domestic water and to the Eagle Sewer District system for sanitary sewer.
The applicant should comply with the conditions of development established through the Eagle
Sewer District.
• The applicant should submit final design drawings of the proposed regional sports park to the City
Engineer for approval prior to the issuance of a Zoning Certificate. The grading plans should show
conformance with the Hillside Grading Standards where land is proposed to be disturbed for the
development of the proposed shooting sports park.
• The southern most portion of the proposed property is within the 100-year floodway as designated
by FEMA. The applicant(the City of Eagle)or its assigns should submit for engineering drawings
requesting a Letter of Map Revision(LOMR)prior to the issuance of a Zoning Certificate.
• The applicant(The City of Eagle) should submit a refined concept exhibit to the Parks, Pathways,
and Recreation Commission for review and their recommendations of the proposed regional sports
park prior to the submittal of a design review application.
• The applicant (The City of Eagle), or its assigns, should submit design review applications for
review and approval of all proposed structures,signage,and landscape material prior to the issuance
of a Certificate of Completion.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 5,
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 two(2)individuals who indicated the following:
• Significant considerations should be made as to the location of access points for the proposed
regional sports park due to the significant amount of traffic travelling on State Highway 16.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The subject application is used to approve the concept of a regional sports park and the approval will
be used to begin the requisite studies for a land use of this type.
• Considerations should be made as to the location of access points for the proposed regional sports park.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of PU-01-23 for a Planned Unit Master Plan(PUMP)
for Spring Valley with the following site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. All PUMP No.2 Master plans,as approved or conditioned for approval,shall be used to evaluate and
establish conditions of approval for any and all preliminary plat submittals within the Boundary of
PUMP No.2.
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2. Comply with all requirements of the Idaho Transportation Department.All Planning Unit Master Plan
maps shall be updated consistent with ITD approvals.
3. No grading shall occur on the site, until the applicant has received approval from the City in
accordance with the Spring Valley Grading and Hillside Development Standards.
4. The City shall submit a Conditional Letter of Map Revision(CLOMR)application to be reviewed
and approved by FEMA prior to any commencement of development within the Special Flood
Hazard Area,as identified by the Flood Insurance Rate Map Panel No. 16001 C0130J,effective June
19, 2020.
5. The applicant shall design the joint trench with fiber optic conduit at the time of preliminary plat
submittal as is needed to ensure that all development within Spring Valley can be serviced with
fiberoptic internet service as the service becomes available to the area.
6. The applicant shall submit the proposed regional sports park to the PPRC for their recommendation
prior to the submittal of a design review application.
7. The applicant(the City of Eagle),or its assigns,shall receive Design Review approval of all facilities,
signage, landscape,and common areas to ensure the proposed park will be designed and constructed
to be harmonious and appropriate in appearance with the existing or intended character of the general
vicinity prior to the beginning of construction.
8. No development or permits shall be issued outside of the established boundary of PUMP No.2 unless
it is for an essential public facility (i.e. sewer, water, electrical, roads, or BLM access easements).
These services shall remain subject to City approvals (i.e. grading, design review, and/or building
permits).
9. The applicant(The City of Eagle)shall submit a subdivision application and obtain final plat approval
prior to a Certificate of Completion being issued.
10. The applicant(The City of Eagle)shall connect to the City of Eagle Water system for domestic water
and to the Eagle Sewer District system for sanitary sewer when central services are available to the
site. The applicant shall comply with the conditions of development established through the Eagle
Sewer District.
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11. All land uses and lots shall comply with the following and shall be subject to ECC 1 IA-2 at the time
of development:
PUMP ECC
No.2 11A-2: Max.
Planning Land Use Description: Density:
Area: District:
Regional Open Space: Regional Open Space is intended to
serve the general public and may be adjacent to, or provide
connection to,large scale regional open space within the City's
North Eagle Foothills Planning Area. Regional Open Space
may include many of the amenities provided in Community
Open Space as well as active regional parks, regional trail
corridors (such as the Big Gulch Regional Park, Trail and No
SW* ROS Open Space Corridor), and large natural areas planned for Residential
dedication as permanent natural open space as part of an Eagle Density
Regional Park and Willow Creek Road Open Space Corridor.
Regional Open Space may be owned and maintained by the
City, the Spring Valley Community Association, a land trust
or other conservation group or entity.
81.06 acres of Regional Open Space is proposed within PUMP
No. 2
*SW=Southwestern Residential
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters,streets and sidewalks,where applicable.
2. Correct street names,as approved by the Ada County Street Name Committee,shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer and/or the applicable reviewing agency, as required. Required improvements shall
include, but not be limited to, extending all utilities to the platted property. The developer may
submit a letter in lieu of plans explaining why plans may not be necessary.
4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C.Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Wet line sewers will be required and the applicant will be required to furnish the City Engineer
with a letter from the sewer entity serving the property, accepting the project for service,prior to
the City Engineer signing the 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. Any homes proposed to be
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serviced by septic systems shall be identified on the plat and a letter of approval from Central
District Health shall be required prior to the City Engineer signing the final plat.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 11A-13D-1-9(C),which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the 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
performance bond shall be submitted to the City Clerk,prior to the City Engineer signing the final
plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney,prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction,rerouting,covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district,canal company,ditch association,drainage district,drainage
entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district,or drainage entity prior to the City Clerk signing the final plat.
11. Street light plans shall be submitted and approved as to the location, height and wattage to City
Staff at the time of Design Review application submittal. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
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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,
including fiberoptic internet conduit, and as may be required by the Eagle City Code,prior to the
City Engineer signing the final plat.
16. An approval letter from the Fire District who has jurisdiction over the platted area shall be
submitted to the City prior to the City Engineer signing the final plat. The letter shall include the
following comments and minimum requirements, and any other items of concern as may be
determined by the applicable fire department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire District who
has jurisdiction over the platted area.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Fire
District who has jurisdiction over the platted area prior to the City Engineer signing the final
plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square
feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction,and shall be verified in
writing by the Fire District who has jurisdiction over the platted area prior to issuance of any
building permits.
d. The proposed fire protection system shall be reviewed and approved by the Fire District who
has jurisdiction over the platted area prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all preserved
and mitigated habitat areas,common areas,storage facilities,recreational facilities,street lights or
open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer
signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping,common area and subdivision signage prior to the City Engineer signing the
final plat.
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20. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway
Development 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 applicant shall obtain written approval of the development relative to the effects on the
floodplain(if applicable)from the Corps of Engineers prior to approval of the final plat by the City
Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan,and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances,plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board,agency,commission,official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title I IA "Land Subdivisions" until the final plat has received the approval of the City Council
(ECC IIA-13F-5(A)(2)).
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.
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.
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.
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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.
CONCLUSIONS OF LAW:
The Commission reviewed the particular facts and circumstances of this proposed Planned Unit Master
Plan(PUMP)No. 2(PU-01-23)and based upon the information provided concludes 1.)that the proposed
PUMP application is in accordance with the City of Eagle Title I IA (Planned Developments) and the
Amended and Restated Development Agreement associated with the Valnova Development; and 2.) the
proposal to designated the subject property as Regional Open Space(ROS)is appropriate:
a. This Planning Unit Master Plan(PUMP)application was reviewed for conformity against
Title IIA, the recorded development agreement for the Valnova development, and
previously approved PUMP applications;
b. The facts submitted with the application and presented establishes that:
i. The PUMP substantially conforms with: the PADA and subsequent amendments;
this Title (Title 11A); applicable master plans approved by the City; and/or other
applicable information reasonably relied on by the City necessary to uphold the
intent of the PADA and this Title:
ii. Streets and thoroughfares proposed are suitable and adequate to carry anticipated
traffic,and increased densities,if any,will not generate traffic in such amounts as to
overload the street network because the subject property is located immediately
adjacent to the state highway system with direct access to State Highway 16, as
approved by the Idaho Transportation Department. The internal vehicular
thoroughfare is a private,internal looped drive that solely provides access to the park
and does not provide connectivity or resulting traffic to other public streets;
iii. The proposed commercial/non-residential development is justified at the locations
proposed and is consistent with the PADA because the location adjacent to the
highway supports the proposed park use;
iv. The information provided from the agencies having jurisdiction over public facilities
needed for the site indicate that adequate public facilities exist,or are expected to be
provided, to serve any and all uses allowed within the PUMP area. The Planning
Unit will be served,or is conditioned to be served,by adequate public services.
c. A summary of the current status of overall Planning Area density,Open Space,Community
Centers,Neighborhood Centers,re-assignment of densities,and other adjustable factors as
set forth in the PADA has been provided within the staff report.
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PUMP No2-ROS Designation Findings PZ.doex
DATED this 19th day of June 2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
9
Trent Wright, Chairman Ll-�
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Tracy E. Osb gle City rk p •;*r=
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