Findings - CC - 2023 - PU-02-23 - Planning Unit Master Plan (PUMP) No. 3 Within Valnova/Spring Valley BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR PLANNING UNIT MASTER PLAN )
(PUMP)NO.3 WITHIN VALNOVA/SPRING )
VALLEY FOR THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PU-02-23
The above-entitled Planning Unit Master Plan (PUMP) No. 3 application came before the Eagle City
Council for their action on July 11,2023,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:
The City of Eagle, represented by Daniel Miller, is requesting approval of Planning Unit Master
Plan(PUMP)No.3 as part of the Valnova Planned Development.PUMP No.3 consists of 603.04-
acres and is proposed to designate the land as Regional Open Space(ROS),pursuant to Eagle City
Code Title 11A and in accordance with the amended and restated development agreement
associated with the Spring Valley/Valnova Development.The 603.04-acre site is comprised of(2)
parcels and is generally located on the east side of Willow Creek Road,approximately three and a
half miles north of the intersection of Beacon Light Road and Willow Creek Road.
B. APPLICATION SUBMITTAL:
A neighborhood meeting is not a required pursuant to Eagle City Code Title 11A, however, a
neighborhood meeting was held at Eagle City Hall at 6:00pm 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 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.
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 June 23,
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 June 23,2023. The site was posted in accordance
with Eagle City Code on June 26,2023.
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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).
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 September 27,2022,the City Council approved a zoning ordinance amendment associated with
Eagle City Code Title 11A (ZOA-03-22) that included revisions to the land use chart to include
"Shooting Ranges / Gun Clubs (Outdoor) as a use permitted by right through the planning unit
master plan or permitted by conditional use permit as defined in the specific land use standards for
that use."
On December 20,2022,the City Council accepted this 603.04-acres as a land donation from GWC
Capital, LLC.
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Comprehensive Zoning Designation: Land Use:
Plan Designation:
Existing Foothills Residential R-1-DA(Residential with Undeveloped Land
a development agreement)
Proposed Foothills Residential R-1-DA(Residential with 603.04-acres Regional Open Space
(No Change) a development agreement (ROS)
-no change)
North of site Foothills Residential RP(Rural Preservation— Natural Open Space/Vacant Land
(No Change) Ada County Designation)
South of site Agriculture/Rural& RR(Rural Residential— Large Lot Single Family
Foothills Residential Ada County Designation) (Highlander Estates)/Natural Open
PS(Public/Semipublic) Space/Public Use
East of site Foothills Residential RR(Rural Residential— Natural Open Space/Vacant Land/
Ada County Designation) Large Lot Single Family
RP(Rural Preservation—
Ada County Designation)
West of site Agriculture/Rural& R-1-DA(Residential with Large Lot Single Family
Foothills Residential a development agreement) (Highlander Estates) /Vacant Land
/Public Use
RR(Rural Residential—
Ada County Designation)
PS (Public/Semipublic)
G. DESIGN REVIEW: Subject to ECC 11A-3 - Spring Valley Design Review
H. GENERAL PUMP No. 2 DATA/DESIGN:
1. PUMP No.3 Overall—Acreage*:
(See 1.4 "Planning Concept"and Table 1:Project Summary in the Development Agreement)
Total Acreage of Spring Valley: 6,017.00-acres
Acreage approved in prior PUMPs: 1,005.91-acres
Proposed Total Acreage in PUMP No. 3: 603.04-acres
Proposed Residential Acreage in PUMP No. 3: 0.0-square feet
Proposed Non-Residential Area in PUMP No. 3: 0.00-square feet
Proposed Open Space in PUMP No. 3: 603.04-acres
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a. Southern Residential PA Acreage*:
Total Acreage of PA in Spring Valley: 2114.00-acres
Total Acreage of PA in prior PUMPs: 153.55-acres
Total Acreage of PA in PUMP No. 3: 603.04-acres
Residential Acreage in PA in PUMP No. 1: 38.65 square feet
Residential Acreage in PA in PUMP No. 3: 0.00-square feet
Non-Residential Area in PA in PUMP No. 1: 0.00-square feet
Non-Residential Area in PA in PUMP No. 3: 0.00-square feet
Open Space Acreage in PA in PUMP No. 1: 81.06-acres
Open Space Acreage in PA in PUMP No. 3: 603.04-acres
*As proposed within the PUMP No. 3 application
2. PUMP No.3 Overall Residential Units:
(See 1.4 "Planning Concept"and Table 1:Project Summary in the Development Agreement)
Maximum Allowable Units in Valnova: 7,160 units max.,total+
Total Approved Units in Prior PUMPs: 2,199 units max
Number of Units in PUMP No. 3: 0 units
Remaining Units in Spring Valley: 4,961 units,max.
Current Total Development Density: 0.37 du/ac
Current PUMP No. 3 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. Southern Residential PA Residential Units*:
Maximum Allowable Units in PA: 2,109 units
Proposed Units in PA in PUMP No. 1: 192 units
Proposed Units in PA in PUMP No. 3 0 units
Remaining Units in PA: 1,917 units
Maximum Allowable PA Density: 0.96 du/ac,max.
Current Total PA Density: 0.09 du/ac
Current PUMP No.3 PA 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 approval of PUMP No. 1, the Southern Residential Planning Area has
consumed 9% of the residential units (192 of 2,109 units max. total) allowed within the
Planning Area and has consumed 7% of the acres(153.55 of 2,114 total maximum acres)
of the Planning Area. PUMP No. 3 (this application) will consume an additional 603.04
acres towards the Southern Residential Planning Area's acreage (756.59 of 2,114 total
maximum acres). Should this application be approved, the Southwestern Planning Area
will have consumed 35.8%of its total acres with 1,357.4-acres remaining.
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• PUMP No. 3 designates all the applicable 603.04 acres as Regional Open Space (ROS).
There are no residential units proposed within PUMP No. 3.
*As proposed within the PUMP No. 3 application
3. PUMP No.3 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 Prior PUMPs: 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: 1,140 units
Base Density Units Consumed in PUMP No. 3: 0 units
Remaining Base Density Units in Spring Valley: 1,868 units,max.
c. Community Open Space(COS)*:
Total COS Bonus Units Allowed in Spring Valley: 161 units
COS Bonus Units Earned in PUMP No. 1: 0 units
COS Bonus Units Earned in PUMP No. 3: 0 units
COS Bonus Units Consumed in PUMP No. 1: 0 units
COS Bonus Units Consumed in PUMP No. 3: 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: 65 units
ROS Bonus Units Earned in PUMP No. 3: 483 units
ROS Bonus Units Consumed in Prior PUMPs: 0 units
ROS Bonus Units Consumed in PUMP No. 3: 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. 3: 0 units
CC Bonus Units Consumed in Prior PUMPs: 0 units
CC Bonus Units Consumed in PUMP No. 3: 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. 3: 0 units
NC Bonus Units Consumed in Prior PUMPs: 1,059 units
NC Bonus Units Consumed in PUMP No.3: 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 PUMP No. 1: 0 units
OSF Bonus Units Earned in PUMP No. 3: 0 units
OSF Bonus Units Consumed in PUMP No. 1: 0 units
OSF Bonus Units Consumed in PUMP No. 3: 0 units
Remaining OSF Units in Spring Valley: 651 units,max.
• 389 Bonus Units (associated with the implementation of Neighborhood Centers) are
unused in accordance with the approval of PUMP No. 1. PUMP No. 3 (this application)
will add an additional 483 Bonus Units (associated with the implementation of Regional
Open Space) to the ROS Bonus Units Total. PUMP No. 3 will not consume any Bonus
Units.These units shall carry over into future PUMP applications for future use.
*As proposed within the PUMP No. 3 application
2) PUMP No.3 Open Space Overall*:
(See 2.6(a) "Master Parks, Trails, and Open Space Plan"in the Development Agreement)
Total Open Space: 603.04-acres
Regional Open Space: 603.04-acres
Community Open Space: 0-acres
%Open Space: 100%(of 603.04-acres)
Required Minimum Open Space: 20%(120.8-acres)
Total Open Space Goal: 40%(241.62-acres)
a. Southern Residential PA Open Space*:
Total Open Space: 603.04-acres
Regional Open Space: 603.04-acres
Community Open Space: 0-acres
%Open Space: 100%(of 603.04-acres)
Required Minimum Open Space: 20%(120.8-acres)
Total Open Space Goal: 40%(241.62-acres)
*As proposed within the PUMP No. 3 application
3) PUMP No.3 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. 3: 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. 3 application
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4) PUMP No.3 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 PUMP No. 1: 453.36-acres
Total Post-Mitigation Acreage in PUMP No. 1: 194.62-acres
(194.62-acres/453.36-acres) 42.9%of PUMP No. 1 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
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: 93.9-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
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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
Existing HASC Area: 0.00-acres
Preserved HASC Area: 0.00-acres
Riparian HASC Rehabilitation: 0.00-acres
Upland HASC Rehabilitation: 0.00-acres
*As proposed within the PUMP No. 3 application
**The development agreement for this site (Ada County Inst. No. 114006036) is incorporated herein by
reference.
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 are 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 by the City on May 16,2023,and the
applicant's Planning Unit Master Plan No.3 attached to the staff report and incorporated herein by
reference.
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 16, 2023,
and the applicant's Planning Unit Master Plan No. 3 attached to the staff report and incorporated
herein by reference.
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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 16, 2023, and the applicant's Planning Unit Master Plan No. 3 attached to the staff
report and incorporated herein by reference.
Ada County Highway District (ACHD) issued approval on September 15, 2022. This letter is
attached to the staff report 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 16, 2023, and the applicant's Planning Unit Master Plan No. 3. A letter of approval
was received on May 30,2023,from the City of Eagle Water Department attached to the staff report
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
16, 2023,and the applicants Planning Unit Master Plan No. 3.
The Eagle Sewer District issued comment on May 18, 2023, which is attached to the staff report
and incorporated herein by reference.
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
16, 2023, and the applicant's Planning Unit Master Plan No. 3. The applicant will be required to
submit final design drawings to the City Engineer for review and approval.
All development within Spring Valley PUMP No. 3 will be reviewed in accordance 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 16, 2023, and the applicant's Planning Unit Master Plan No. 3 attached to the staff
report 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 16,2023,and the applicant's Planning Unit Master Plan No. 3 attached to the staff report 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 16, 2023, and the applicant's Planning Unit Master Plan No. 3 attached to the staff
report and incorporated herein by reference.
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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 16,2023,and the applicant's Planning Unit Master Plan No.3 attached
to the staff report 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
16, 2023, and the applicant's Planning Unit Master Plan No. 3 attached to the staff report and
incorporated herein by reference.
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 16, 2023, and the applicant's Planning Unit Master Plan No. 3 attached to the staff
report 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.
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 16,2023,and the applicant's Planning Unit Master Plan No.3 attached to the staff report and
incorporated herein by reference.
Y. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report and
incorporated herein by reference:
• Ada County Highway District(email dated September 16, 2022)
• City of Eagle Water Department(letter dated May 30,2023)
• City of Eagle Historical Preservation Committee(email dated May 18,2023)
• Eagle Fire Department(letter dated May 25,2023)
• Eagle Sewer District(email dated May 18,2023)
• Idaho Transportation Department(email dated May 22,2023)
• Star Fire Protection District(letter dated January 7, 2022)
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Z. LETTERS FROM THE PUBLIC(attached to the staff report and incorporated herein by reference):
• A letter from Layne Lewis,dated stamped by the City on May 23, 2023.
• Correspondence from Erica Zamorano,received by the City on May 23, 2023.
• Correspondence from Matthew Parks,received by the City on May 29,2023.
• A letter from Edwina Barats,dated stamped by the City on May 30, 2023.
• A letter from Kurt Barats,date stamped by the City on May 30,2023.
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 11A,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 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:
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
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 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:
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.
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B. DEVELOPMENT AGREEMENT CONDITIONS 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 2°d Paragraph: 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.
• 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, Dl, D2, D3, D4 and D5; 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
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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.
2.2 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 _ C)). 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
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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
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,Trail 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,
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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
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:
(a) Landscape; Signage; 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 to the staff report 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.
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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, 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 11 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.
C. PLANNED DEVELOPMENTS CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
11A-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)
11A-2-3: LAND USE STANDARDS:
Districts
Uses Open Space
COS ROS
Shooting ranges/gun clubs(outdoor) P/C P/C
*P/C = Use either permitted by right or permitted by conditional use permit as defined in the
specific land use standards for that use.
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11A-4-4(VV): SHOOTING RANGES GUN CLUBS:
1. The applicant or owner shall obtain written approval from the federal bureau of alcohol,
tobacco,and firearms(ATF).
2. Indoor facilities shall be housed totally within an enclosed structure and designed for safety and
noise factors involved in the type of use.
3. If located on the ground level,accessory uses such as gun sales,gun repair,and training courses
may be allowed when such uses take up no more than twenty five percent (25%) of the gross
floor area on the ground level.
4. If gun sales or gun repair is conducted within the facility,the owner of the indoor shooting range
shall secure and maintain a valid federal firearms license from the ATF.
5. The applicant shall provide written documentation that the proposed target backstops conform
to the standards for indoor ranges in"The NRA Range Source Book"published by the National
Rifle Association.
6. Outdoor shooting ranges are only permissible if owned and operated by a government entity.
7. All ranges shall comply with Idaho Code sections 55-2601 and 67-9102.
11A-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.
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11A-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;
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
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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 shooting sports park.
• Eagle City Code Section 11A-4-4(VV)(1)requires that that applicant or owner pursuing approval
of a shooting range obtain written approval from the Federal Bureau of Alcohol, Tobacco, and
Firearms (ATF). The applicant(The City of Eagle) should be required to obtain written approval
from the Bureau of Alcohol, Tobacco, and Firearms (ATF) prior to receiving a Certificate of
Completion for the proposed shooting sports park.
• Central services,including water and sewer,are not currently available to Parcel No.S0220110550
where the shooting sports park is proposed to be developed. The applicant(The City of Eagle) is
proposing to drill an onsite well to provide the needed water for fire suppression until central water
is available to the site,at which time the City will be able to determine if it will continue use of the
well or if it will connect to the City of Eagle water system.The City of Eagle Water Superintendent
has provided a letter,dated May 30,2023,stating that use of an onsite well is acceptable.
• Central services,including sewer,are not currently available to Parcel No. S0220110550 where the
shooting sports park is proposed to be developed. The applicant(The City of Eagle) is proposing
to utilize either on site septic or"porta potties"in lieu of central sewer service.The applicant should
obtain Central District Health(CDH)approval for the use of either on site spetic or"porta potties"
onsite prior to the issuance of a Certificate of Completion.
• If central sewer is made available to the site,the City will at that time determine if it will continue
use of the septic system or "porta potties" or if it will connect to central Sewer. If the City
determines to connect to central sewer in the future, the City should annex into the Eagle Sewer
District(ESD)and comply with the conditions of development established through ESD.
• The applicant (The City of Eagle) should be required to submit final design drawings of the
proposed shooting sports park to the Eagle Fire Department for review and approval prior to the
issuance of a Zoning Certificate.
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• Since the 603.04-acres that is part of this application was land that was included within the
development agreement for the Spring ValleyNalnova development, the applicant (the City of
Eagle) should comply with the Hillside Grading Standards established within the development
agreement associated with the Spring ValleyNalnova development. The applicant should submit
final design drawings of the proposed shooting sports park within Parcel No. S0220110550 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 applicant(The City of Eagle) is proposing an outdoor shooting sports park that is anticipated
to be approximately 85-acres in size within the northwestern most portion of Parcel No.
S0220110550.The size of the shooting sports park should not substantially exceed 85-acres in size
and the remainder of Parcel No. S0220110550 and the entirety of Parcel No. S0215336000 should
be preserved as regional open space.
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
one(1) individual(not including the applicant/representative)who indicated the following:
• The proposed shooting sports park will consolidate the individuals that shoot within the Eagle
foothills and provide a training location for local law enforcement.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by seventeen(17)individuals who indicated the following:
• Using the Nampa Rod and Gun Club as a template for the noise study conducted for this site does
not accurately represent the use on this site.
• The "shooting range" land use was prohibited within the original amended and restated
development agreement associated with the Spring ValleyNalnova Development.
• A serial meeting may have been conducted during the conduction of the noise study.
• The construction of a shooting sports park in this location will produce a significant amount of
noise and decrease the quality of life for the surrounding residents and other users of the Eagle
foothills.
• The construction of a shooting sports park will increase traffic to the area and decrease the safety
of cyclists and pedestrians in the area.
• The proposed shooting sports park should be relocated to the eastern-most parcel within PUMP
No. 3 to provide a better buffer between neighboring residents and the range.
• The proposed shooting sports park will pose a safety hazard to neighboring residents and other
users of the Eagle foothills.
• The proposed shooting sports park is not guaranteed to yield a positive income to the City of Eagle
and may be a financial liability.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The testimony provided to the Planning and Zoning Commission will go forth to the City Council as
part of the record.
• The public will have further opportunities to provide input regarding the construction layout and site
plan for the proposed shooting sports park.
• The Council should heavily consider the location of the proposed shooting sports park and its layout
on the site. Consider relocating the ranges to the eastern side of the property and give special
consideration to an indoor range.
• A fiscal analysis should be provided to ensure a long term net positive fiscal impact to the City of Eagle.
• The Commission is making a recommendation as to if the proposed PUMP No.3 is in compliance with
Title 11A and the amended and restated development agreement related to the Spring ValleyNalnova
Development.
COMMISSION DECISION:
The Commission voted 4 to 1 (McCauley against)to recommend approval of PU-02-23 for Planning Unit
Master Plan(PUMP)No.3 with the site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document dated,June 19,2023.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 11, 2023, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative)
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PU-02-23 for Planning Unit Master Plan (PUMP) No. 3 with the
following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with the underlined text to be added, and the strikethrough text to be
removed by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. All PUMP No. 3 Master plans,as approved or conditioned for approval,shall be used to evaluate and
establish conditions of approval for all submittals within the Boundary of
PUMP No. 3.
2. The applicant (The City of Eagle) shall comply with all requirements of the Ada County Highway
District.
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.
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4. The applicant shall be required to place a deed restriction and/or nete on the Native/Undisturbed
areas within the Habitat of Special Concern (HASC) areas identified to be preserved prior to the
issuance of a certificate of completion . These preserved areas shall
be identified to be managed and maintained as native and undisturbed areas and there shall be no
alterations or modifications to these areas including,but not limited to,grading,drainage,landscaping,
conventional maintenance. The specific wording shall be reviewed by the City Engineer and the City
Attorney .
a. Disturbance of the HASC areas for the sole purpose of the implementation and use of the shooting
sports park and any natural trails shall be permitted. Any disturbance beyond what is required for
the implementation and use of the shooting sports park and any natural trails shall be rehabilitated
by the City.
5. No development shall occur nor shall any permits be issued outside of the established boundary of
PUMP No. 3 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).
6. 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.
7. The applicant(the City of Eagle),or its assigns,shall establish operations guidelines for the proposed
shooting sports park that includes, but is not limited to, the designated uses and permissible on site
activities, hours of operation, safety measures and requirements, emergency procedures,and general
park operational guidelines,prior to the issuance of a Certificate of Completion.
8. The applicant (the City of Eagle), or its assigns, shall conduct subsequent noise tests on site, as is
required to provide record that the design and operation of the proposed shooting sports park complies
with requirements of Eagle City Code Section 11A-4-4(W)(7)and Idaho State Statutes 55-2601 and
67-9201,prior to the issuance of a Certificate of Completion.
9. The applicant(the City of Eagle)shall
comply with Eagle City Code Section 11A-7-1(A) prior to a Certificate of Completion being issued
for the area proposed to be a shooting sports park.
10. The applicant (Tho City of Eagle), or its assigns, shall obtai
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11. The applicant shall obtain Central District Health(CDH)approval for the use of either an onsite septic
system or "porta potties" prior to the issuance of a Certificate of Completion associated with the
proposed shooting sports park.
12. If central sewer becomes available to the proposed location of the shooting sports park and the City
decides to connect to central sewer at that time, the City shall annex into the Eagle Sewer District
(ESD)and comply with the conditions of development established through the Eagle Sewer District.
13. The applicant(The City of Eagle) shall submit final design drawings of the proposed shooting sports
park to the Eagle Fire Department for review and approval prior to the issuance of a Certificate of
Completion.
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14. All land uses and lots shall comply with the following and shall be subject to ECC 11A-2 a- e
PUMP ECC
No.3 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
Southern 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.
603.04 acres of Regional Open Space (ROS) is proposed
within PUMP No. 3
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.
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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
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.
13. 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.
14. 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
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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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
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City Attorney prior to the City Engineer signing the final plat.
20. 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.
21. 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.
22. 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.
23. 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".
24. 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.
25. 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 11A "Land Subdivisions" until the final plat has received the approval of the City Council
(ECC 11A-13F-5(A)(2)).
31. 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.
32. 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
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shall be submitted prior to the issuance of any building permits for the site.
33. 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.
34. 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 Council reviewed the particular facts and circumstances of this proposed Planning Unit Master Plan
(PUMP)No.3(PU-02-23)and based upon the information provided concludes 1.)that the proposed PUMP
application is in accordance with the City of Eagle Title 1 1 A (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. The ordinances and standards used in evaluating the application;
b. The facts submitted with the application and presented establishes that:
i. The PUMP substantially conforms with: the pre-annexation development agreement (PADA)
and subsequent amendments; this 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. No proposed streets or thoroughfares are proposed as the only proposed vehicular access will
be through an internal drive which will be designed to be suitable and adequate to carry
anticipated traffic,and increased densities, if any.The proposed access will not generate traffic
in such amounts as to overload the street network.ACHD approved the road access and demands
on September 16,2022;
iii. The proposed commercial/non-residential development is justified at the locations proposed and
is consistent with the PADA since this area has been contemplated and designated as Eagle
Regional Park within the development agreement;
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 and all metrics are currently trending towards
compliance with the requirements of the development agreement.
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DATED this 1 1th day of July 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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