Findings - PZ - 2023 - PP-11-22 - Valnova - Preliminary PLAT for Valnova Lots 32-35 Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
VALNOVA LOTS 32-35 SUBDIVISION FOR )
GWC CAPITAL,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-11-22
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on June 19,2023,at which time public testimony was taken and the public hearing
was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written
testimony,and having duly considered the matter,makes the following Findings of Fact and Conclusions
of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
GWC Capital, LLC, represented by Landon Northey, is requesting preliminary plat approval for
Valnova Lots 32-35 Subdivision(Lots 32,33,34,and 35 of Spring Valley Subdivision No. 1),a 78-lot
(72-residential, 6-common [1-public infrastructure]) subdivision. The 56.51-acre site is generally
located 3.0-miles northeast of the intersection of State Highway 16 at Equest Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 8285 West Equest Lane, Eagle, at 6:00 PM, Thursday,
September 16, 2021, in compliance with the application submittal requirement of Eagle City Code,
Title 11A.A second neighborhood meeting was held on site at 8285 West Equest Lane,Eagle,at 6:00
PM,Tuesday,June 6,2023. The application for this item was received by the City of Eagle on March
30,2022.A revised preliminary plat was received by the City on March 7,2023. A subsequent revised
preliminary plat was received by the City on June 13,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on March 24,2023.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 the Eagle City Code on June 1,2023.Notice of
this public hearing was mailed to property owners in accordance with the requirements of Title 67,
Chapter 65,Idaho Code and Eagle City Code on June 1,2023.The site was posted in accordance with
the Eagle City Code on June 8,2023.
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D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On December 11, 2007, the City Council approved an annexation and rezone application with a
development agreement from RP (Rural Preservation - Ada County designation) and RR (Rural
Residential-Ada County designation)to R-1-DA(Residential One with a development agreement)for
M3 Eagle(A-14-06&RZ-19-06).
On November 24,2009,the City Council approved a development agreement modification to adopt the
M3 Hillside and Grading Standards on November 24,2009(RZ-19-06 MOD1).
M3 received a Conditional Letter of Map Revision(CLOMR)from FEMA on February 17,2009. An
amendment was submitted in March of 2013 and was approved by FEMA on November 8,2013.
On January 11,2011,the City Council approved the overall project-wide Habitat Mitigation Plan.
On January 14,2014,the City Council approved an amended and restated development agreement for
M3/Spring Valley(RZ-19-06 MOD2).
On January 14,2014,the City Council approved the M3/Spring Valley Development Standards and by
the adoption of Ordinance 710,established Eagle City Code Title 11-Planned Developments,Chapter
A-Spring Valley.
On March 18,2022, the City of Eagle Floodplain Administrator approved a Floodplain Development
Permit for Alliance Consulting(FPDP-06-21).
On May 24, 2022, the City Council approved a Planned Unit Master Plan (PUMP) No. 1 for Spring
Valley for GWC Capital,LLC,(PU-01-21).
On May 24,2022,the City Council approved a design review for the common area landscaping along
Aerie Way within Spring Valley PUMP No. 1 for GWC Capital,LLC,(DR-22-22).
On May 24,2022,the City Council approved a design review for the common area landscaping along
Big Gulch Parkway,Linder Road,and Aerie Way(East)within Spring Valley PUMP No. 1 for GWC
Capital,LLC,(DR-23-22).
On May 24, 2022,the City Council approved a two(2) community entry monument signs for Spring
Valley Subdivision for GWC Capital,LLC(DR-24-22).
On August 24, 2022, the City approved a Mass Grading Permit associated with the Spring Valley
PUMP No. 1 for Western Construction,Inc.
On September 27, 2022, the City Council approved a zoning ordinance amendment associated with
Eagle City Code Title 1 IA(ZOA-03-22).
On October 25,2022,the City approved a preliminary plat for the Spring Valley Subdivision No. 1,a
large lot plat,associated with the Spring Valley PUMP No. 1 for GWC Capital,LLC,(PP-17-21).
On January 10,2023,the City Council approved a zoning ordinance amendment associated with Eagle
City Code Title 11A(ZOA-05-22).
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Foothills Residential R-1-DA Vacant Land/Undisturbed
Existing Land
Foothills Residential R-1-DA Single Family Residential
Proposed (No Change) (No Change) Subdivision
Vacant Land(Designated for
North of site Foothills Residential R-1-DA Future Re-Subdivision)
South of site Foothills Residential R-1-DA Vacant Land(Designated for
Future Re-Subdivision)
East of site Foothills Residential R-1-DA Vacant Land(Designated for
Future Re-Subdivision)
West of site Foothills Residential R-1-DA Vacant Land(Designated for
Future Re-Subdivision)
G. PLANNING UNIT MASTER PLAN REFERENCE: PUMP No.1 (PU-01-21)
H. PLANNING UNIT MASTER PLAN PLANNING AREA:
Portions of the Big Gulch Planning Area and the Northern Planning Area
I. SITE DATA:
Total Acreage of Site—56.51-acres
24.21-acres are within the Big Gulch Planning Area
32.30-acres are within the Northern Planning Area
Total Number of Lots—78
Buildable—72
Common—6(6-community open space[1-public infrastructure])
Total Number of Units— Single-family—78(72-SF8)
41 units are within the Big Gulch Planning Area
31 units are within the Northern Planning Area
Duplex—0
Multi-family-0
Total Acreage of Any Out-Parcels—0-acres
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units per Gross Acre Total: 1.27 du/ac SF2: 7 du/ac max.
As approved for PUMP No. 1 for
the Big Gulch PA: 5.24 du/ac
As approved for PUMP No. 1 for
the Northern PA: 2.14 du/ac
Total PUMP No. 1: 2.19 du/ac
max+
Total Spring Valley: 1.19 du/ac
max++
Minimum Lot Area SF2: 8,304 square feet SF2: 6,000 square feet
Total Acreage of Common Area 27.12-acres total 1.07-acres*
Open Space
(13.36-acres are within the Big
Gulch Planning Area; 13.76-acres
are located within the Northern
Planning Area)
Percent of Site as Common Area 47.99% 1.90%(minimum)*
Open Space(O.S.) 20%O.S.minimum for Valnova
40%O.S. goal for Valnova
+Based on the approved PUMP No. 1.
++Based on the requirements of the amended and re-instated development agreement.
*Based on the Eagle City Code Section 11A-13C-6 that states all single-family residential subdivisions
(except for the RR and ER districts) within the Spring Valley development are required to have a
minimum of 600 square feet of open space per lot.
J. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 27.12-acres(approximately 48.0%of the total subdivision)of open space is proposed within
the subdivision. The open space is inclusive of the six (6) common lots, one (1) being dedicated to
public infrastructure uses. Lot 16, Block 1, has a five-foot (5') wide pathway and sidewalk, with
easements,that provide pedestrian circulation into the subject property and to adjacent lots within the
Valnova development.
Landscape Screening:
Lot 16,Block 1 is required to be a minimum 50-foot(50'W) wide landscape buffer area adjacent to
Valnova Parkway, which is identified as a Foothills Principal Arterial within the Master Streets and
Circulation Plan,where single-family residential uses are adjacent to Valnova Parkway.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney,requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 11A-13C-4 requires utility easements to be not less than 10-feet-wide.
Common lots have blanket easements.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Middleton Star Fire Protection
District.
On-site Septic System—No
Preservation of Existing Natural Features:
The applicant is proposing to 26.75-acres as community open space(COS)which is proposed to remain
as undeveloped open space. The subject parcel is not located within an area designated as Habitat of
Special Concern(HASC).
The overall Valnova project is trending towards compliance relative to the approved PUMP No.1 (PU-
01-21)as it relates to Habitat of Special Concern.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site.If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
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K. STREET DESIGN:
Public Streets:
f2;
7.0'
10.0'RUE ' 28.0' 20'—SIDEWALK :02'PUE
Am� EASEMENT
R.O.W.?F 14.5' L /s.5' ALI RO.W.20'BALK
BACK OF WAL WALK BACK of WALK
SLOE macs Xzq
OE VARIES
(21 MAX stop() a MAX SLOPE)
2A(M:N.j 0'� IX LM) i.41
S'ROLLED CURB AND r,, 5-ROLLED CURB AND
GUTTER PER SD-702 `C GUTTER PER 50-702
2077 ACHE. 2017 ACHO
SUPPLEMENT ID ISPWC SUPPLEMENT TO ISPlIC
eRESIDENTIAL -33'LOCAL STREET SECTION(47'ROW)
SCAIE.1 =5•
57.0"
RaW fD•MOW air ,.e *5'OSL �'i;
NO(fir M . sate
T0.e Pile— s
540FT PARES N2:, g
at YUXY
ii t TT 4
(5.ROUNDABOUT CURB
e RESIDENTIAL CUL DE SAC-57'ROW AER tS0'C 5D-700
W MAR.
Applicant's Justification for Private Streets: None proposed
Private Alleys: None proposed.
Blocks Less Than 500': None proposed.
Cul-de-sac Design:
Copper Hawk Drive: One (1) cul-de-sac is proposed: approximately 785-feet (785') in length with a
52-foot(52')radius and 10-foot(10')radius planter island in the center.
Sidewalks:
The street section shown on page GNO2 "Road Sections"of the preliminary plat shows attached 5-foot
(5') wide sidewalks on both sides of the 33-foot (33') wide Local Street Section. The five-foot (5')
sidewalks are located within the right of way.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior
streets.
Lighting:
Lighting for the proposed public streets and along pathways is required. Location and lighting
specifications shall comply with Eagle City Code Section 11 A-3-9 and"Dark Sky"initiatives.Location
and lighting specifications shall be provided to the City Zoning Administrator prior to the submittal of
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the final plat.Any modifications made to the lighting shall be completed before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal of a
final plat application.
L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
In addition to sidewalks,the applicant is proposing a five-foot(5'W)wide detached concrete pathway
located within Lot 1,Block 1,which is a common lot.
M. PUBLIC USES PROPOSED:
The applicant is proposing to dedicate the following uses to the public:
• Public pathways
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No—As identified within Exhibit U"Habitat of Special
Concern Plan"(dated February 2022),of PUMP No. 1
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No—As identified within Exhibit T"Constrained Lands Plan"(dated February 2022),of
PUMP No. 1. The applicant has an approved Conditional Letter of Map Revision (CLOMR) and
approved Floodplain Development Permit for work within the floodplain area(FPDP-06-21).
Mature Trees—No
Riparian Vegetation—No
Steep Slopes —Yes — As identified within Exhibit S "Environmental Design Plan" (dated February
2022),of PUMP No. 1.
Stream/Creek—No
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat — Yes — As identified within Exhibit U "Habitat of Special Concern Plan" (dated
February 2022),of PUMP No. 1
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
A Habitat Mitigation Plan was previously submitted and subsequently reviewed on behalf of the City
by an environmental consultant (ECS) and a letter of adequacy stating the plan was sufficient was
provided. Upon review and approval by ECS the City Council approved the Habitat Mitigation Plan.
The applicant submitted a Habitat Areas of Special Concern Plan(HASC)as part of the Spring Valley
PUMP No. 1 application to address concerns identified within the Habitat Mitigation Plan.
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O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
City Engineer:All comments within the engineer's letter dated March 30,2023,are of special concern
(see attached).
City Trails and Pathways Superintendent
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation District
Star Fire Protection District
P. LETTERS FROM THE PUBLIC:None received to date.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan designates this site as:
Foothills Residential
A unique combination of land uses within the Eagle Foothills that strives to balance
residential, non-residential, and open space (developed and natural) use to create unique
hamlets of development that place urban development within the natural environment
without overcrowding or significantly altering the natural features found on the site.
The overall density in the foothills should be approximately 1 unit per two acres.
Residential densities should be calculated to be commensurate with the existing land
conditions. Priorities for open space areas should be lands with slopes of 25%or greater
and important habitat areas. No residential density should be granted for areas located
within the Floodway. Units should be arranged in accordance with the transect plan as
described in the Foothills planning area.
6.14 Land Use Sub Area:
The Comprehensive Plan designates this site to be located within the North Eagle Foothills
Planning Area.
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B. PLANNED UNIT MASTER PLAN (PUMP) PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
• See Planning Unit Master Plan(PUMP)No. 1 for Spring Valley,City Council findings of fact
and conclusions of law,dated May 24,2022.
C. SPRING VALLEY DEVELOPMENT ORDINANCE (EAGLE CITY CODE TITLE 1IA)
PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
• 11A-3-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
C. Landscape As Percent of Site:
2. Landscaping shall cover a minimum of ten percent(10%)of the property on all other
(non-multifamily) developments. Hardscape plaza areas, such as decorative
concrete/paver patios that are integrated into the design of the landscaped area,may be
included in the ten percent(10%)landscape coverage requirement.
K. Buffer Areas/Common Lots:
1. Definition:
A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities,or different intensities of use,such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
4. Major Roadways: Residential developments within Spring Valley, including, but not
limited to,subdivisions and multi-family developments, shall be buffered from streets
classified as collectors, arterials,and State Highways, as shown on Exhibit 3-A, or as
determined by ACHD or ITD, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right of way shall not be included as a part of the
buffer area required below. The height for berming/fencing, except as noted below,
shall be measured from the elevation of the final grade of the adjacent roadway
(measured at the centerline)to the top of the proposed berming/fencing. The required
buffer area width,plantings,walls and fencing are described below:
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--7I A Foothills Principal Arterial
(� , ! ii �:�Foothills Minor Arterial
(` (,dlxtor Street
D 111111111111111111111111 Principal Arterial(Highway lt,
Hv /l' O Potential Roundabout Locations .
1 3 sub,rcl to ACHD approval at time d development
--- , ram_ C
; A)7.ii
A
r 1
it (
Exhibit 3-A:Master Streets and Circulation Plan
L. Streetscapes:
The following standards shall apply to Spring Valley internal and perimeter roadways as
shown on Exhibit 4-A above. In all cases, any planting within public rights of way shall
be with approval from the public entity owning the property. (The rights of way widths
and pavement areas in the sections below are shown for illustrative purposes only. Actual
rights of way widths and lane configurations will be determined by ACHD and lTD as
appropriate.)
1. Foothills Arterial Streets:
a. The landscape buffer for foothills principal arterials shall be thirty feet (30')
minimum except adjacent to single-family residential uses where it shall be fifty feet
(50')minimum(not including right of way). See exhibit 3-B of this section.
b. The landscape buffer for foothills minor arterials(not including Willow Creek Road
which is described below) shall be twenty four feet(24') minimum except adjacent
to single-family residential uses where it shall be thirty five feet(35')minimum(not
including right of way). See exhibit 3-C of this section.
c. A detached sidewalk shall be provided on both sides of the street at least eight feet
(8') from the back of curb. The sidewalk shall be a minimum of five feet(5') wide
and may or may not meander depending on the streetscape approved by the city with
the PUMP. Sidewalks may be attached to the curb in front of bus pullouts but shall
be six feet (6') minimum width in such locations. An eight foot (8') wide multiuse
pathway on one side of the road may be approved by the city within low density
areas(1 acre lots and larger)or along roadways adjacent to regional open space.
d. The following plant material shall be provided, at a minimum, within the limits of
the buffer area along arterial streets:
(1) Three(3)trees per one hundred(100)linear feet of street frontage on each side
of the street except next to single-family residential uses where there shall be
four(4)trees per one hundred(100)linear feet.
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(2) One shrub/ground cover per seventy five (75) square feet of buffer area
(excluding sidewalks, drives and other hardscape areas). Turf may be used in
place of shrubs/ground covers, but the amount used shall not exceed fifty
percent(50%)of the landscape area on a plat by plat or phase by phase basis.
(3) The landscape planting along Linder Road and the Highway 16 principal.
arterial through BLM shall be determined in consultation with BLM and the
city.
e. A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or fence,
or combination thereof shall be provided within or at the limits of the buffer area
adjacent to single-family residential lots or at the property line of such lots. The
maximum slope for any berm,if provided,shall be three feet(3')horizontal distance
to one foot(1')vertical distance.If a decorative block wall,cultured stone,decorative
rock, or similarly designed concrete wall is to be provided in combination with the
berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly
fencing shall not be permitted. Walls or fencing are not required adjacent to multi-
family residential uses,except when necessary to provide a buffer to enclose private
outdoor living space,nonresidential uses or open space.
50'Landscape Pavement Area Median I Pavement Area 5• 30'Landsca e
Butler(Min.) wol i 8' I . L 8' �walt� Buller(Min.)
Adjacent to 11 Adjacent to
Single Family Residential 2 Non-Single Family Residential
Foothills Principal Arterial Section
4. Local Residential Streets:
a. There are no landscape buffers for local residential streets.The minimum setback
for local streets (both public and private) in single- and multi-family residential
uses shall correspond to the building setbacks identified in section 11 A-2-4,tables
2.2, "Single-Family Residential District Development Standards", and 2.3,
"Multi-Family Residential District Development Standards",of this title.
b. An attached or detached sidewalk shall be provided on both sides of the roadway
as shown on exhibit 3-F of this section. If the sidewalk is detached it must be at
least six feet(6')from the back of curb with a root barrier or eight feet(8')without
a root barrier to support a class II tree and ten feet(10')to support a class III tree.
The sidewalk shall be a minimum of five feet (5') wide and may or may not
meander depending on the streetscape concept.The sidewalk requirement may be
waived as part of the PUMP approval in the following conditions:
(1) A single loaded street adjacent to a slope (sidewalk shall be required on
the loaded side only).
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(2) A double loaded street in a hillside area where topographic constraints
allow sidewalk on one side of the street only to minimize grading.
(3) Single-family special lot(SFSL) neighborhoods as detailed in the Spring
Valley development standards(sidewalk shall be required on at least 1 side
of the street).
(4) Low density(1 acre and larger lots)neighborhoods(sidewalk requirement
may be waived where a striped 4 foot wide shoulder is provided).
c. One shade class (class II or class III) selected from the approved tree list in
subsection Y of this section shall be located on both sides of all streets with the
landscape strip between the sidewalk and the curb. If the sidewalk is attached,
then the tree shall be planted a minimum five feet (5') in back of the sidewalk.
Trees shall be planted at the front of each lot generally located on each side of the
lot line corner with the distance between trees to be a minimum of thirty five feet
(35')and a maximum of eighty feet(80')of street frontage.
d. All mailboxes shall be located outside of the minimum sidewalk width and
outside of required sight triangles.
t
See Residential District 5 8' I 5' Attached
Development Standards
walk Pavement Area Min.I Walk, or Detached
> 4 for Min.Setbacks for Setback Setback Walk Allowed
Single and Multi-Family
Homes
R.O.W.(2'b.o.c.)
Exhibit 3-F: Local Residential Street Section
11A-3-9: LIGHTING:
B. Street Lighting
1. The master developer or subdivision developer shall install streetlights at locations
described in subsection B4 below(and as approved by the Administrator). After
installation and acceptance by the Administrator,the owners'association shall pay
the cost of maintenance and power and assume ownership of the streetlights.
4. Streetlights shall be generally placed at intersections,at the end of cul-de-sacs and
other locations as necessary and subject to city approval to provide for roadway
and neighborhood safety. Streetlight spacing between intersections shall be as
follow:
(1) Type A Street Light: One thousand feet (1,000') maximum or as otherwise
determined by the city.
(2) Type B Street Light: Thirteen hundred feet(1,300')maximum or as otherwise
determined by the city.
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D. Pathway/Trail Lighting
1. Pathway/trail lighting shall consist of two types —pole lights and bollard lights.
Pole lights are identical to parking area lights and are located at trailheads,
pathway/trail entries and intersections and other focal points,such as seating areas.
Bollard lights shall be located along the paved section of the Big Gulch Regional
Trail. Bollard lights shall be a concrete rusted finish pole, or equal, as shown in
Exhibit A.
11A-13C-2: STREETS AND ALLEYS:
Street and road location and design shall conform to the following standards:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five thousand feet
(5,000')in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet(50')of right of way including a landscape island with a
minimum radius of ten feet(10').A minimum of forty feet(40')of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of vertical curb of the island to the face of vertical curb located on the
outside edge of the street.Where flush ribbon curbs or rolled curbs are used,the forty
feet(40') of dimension may be taken from the back of curb of the island to the back
of curb located on the outside edge of the street. All cul-de-sac streets shall include
bulb outs every seven hundred fifty feet(750')to allow for emergency vehicles to turn
around.No more than forty(40)lots shall be located on any cul-de-sac street between
bulb outs or beyond the final bulb out.Exceptions to the requirements set forth in this
subsection may be considered by the city council if approved by the fire district with
jurisdiction and the highway district having jurisdiction.
11A-13C-6: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following standards:
B. Open Space: The minimum amount of open space that must be set aside
for open space within Spring Valley shall comply with chapter 3 of this title. The
minimum amount of open space in all single-family residential subdivisions(except
for the RR and ER land use districts)shall be six hundred(600)square feet per lot.
The minimum amount of open space within any PUMP shall be fifteen percent(15%)
of the total gross acres of the PUMP. No plat shall be approved within any planning
area if, with the approval of such plat, the platted and unplatted open space in the
PUMP would fall below fifteen percent(15%)of the total gross acres of the PUMP.
Plats may be denied if the city finds the applicant is unable to show that fifty percent
(50%)of all dwelling units in the planning area,sixty five percent(65%)of all single-
family detached lots less than five thousand(5,000)square feet in the planning area,
and fifty percent (50%) of all single-family detached lots less than eight thousand
(8,000)square feet in the planning area,will abut some form of open space.The term
"direct access" means all building lots are to be located a maximum of two hundred
fifty feet (250') away from a pathway connecting to a common area open space lot.
Building lots separated from a common area open space lot by a local roadway shall
be deemed to have achieved direct access.The required planter strip located between
the sidewalk and the street will not be permitted to fulfill this requirement.
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If a plat contains community park(s), as defined in the PADA, any community park
shall contain a minimum of eight(8)acres of active and passive open space.If a plat
contains neighborhood park(s),as defined in the PADA,any neighborhood park shall
contain a minimum of three(3)acres of active and passive open space.
• 11A-13C-8: FENCES:
Any fencing located adjacent to Open Spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in Chapter 3 of this Title 11A. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
areas.A chapter within the subdivision CC&Rs shall be created for the regulation of fences
to this effect.
• 11A-13D-1-3: CURBS AND GUTTERS:
A. Generally:
1. Vertical curbs and gutters shall be constructed on collector and arterial streets.
2. Rolled curbs and gutters,or other treatments acceptable to ACHD,may be required
on minor streets.
3. All construction shall be in accordance with the standards and specifications
adopted by the Ada County Highway District.
B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the
Ada County Highway District or the Idaho transportation department.
• 11A-13D-1-5: STREETLIGHTS:
The Developer or subdividers within Spring Valley shall be required to install, at the
Developer's or subdivider's expense, streetlights that are not the obligation of ACHD in
accordance with specifications and standards set by Chapter 3 of this Title 11A and at
locations designated by the Administrator. After installation and acceptance by the
Administrator,the homeowners' association shall pay the cost of maintenance and power
and assume ownership of the streetlights that are not the obligation of ACHD.
• 11A-13D-1-8:UNDERGROUND UTILITIES:
Underground utilities are required.
• 11A-13E-3:HILLSIDE SUBDIVISIONS:
All development in Spring Valley shall proceed in accordance with the Grading Guidelines
and Hillside Development Standards,dated June 25,2009,and approved by City Council
on November 24,2009,as the same may be amended from time to time.
D. DISCUSSION:
• Cul-de-sac streets are limited to a maximum length of 5,000-feet (5,000') and are required to
include bulb outs a maximum of every 750-feet (750') to allow for emergency vehicles to turn
around,pursuant to Eagle City Code Section 11A-13C-2-1(G). The proposed cul-de-sac(Morgan
Point Court)is+/-784-feet(784')in length and does not include any turnaround locations prior to
reaching its terminus. Eagle City Code Section 11A-13C-2-1(G)grants the City Council the ability
to make an exception to the bulb out requirements set forth in this subsection if the applicant can
obtain approval of the design by the fire district with jurisdiction and the highway district having
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jurisdiction. If the city council chooses to approve the exception to this code,the applicant should
submit approval from the Middleton Star Fire District and ACHD at the time of the submittal of a
final plat application. If the city council chooses not to approve this exception to the code, the
applicant should submit a revised preliminary plat either including a bulb out within the cul-de-sac
to allow for emergency vehicles to turn around or a preliminary plat that shows a cul-de-sac that is
750-feet(750')or less in total length prior to the submittal of a final plat application.
• The single-family dwellings and any accessory structures should be constructed in substantial
conformance to the styles of architecture shown within the within the Valnova Pattern Book
(Exhibit"A").
To assure compliance with this condition, the applicant shall create an architectural control
committee(ACC)as a component of the development's CC&Rs.Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein,the City reserves the right to deny,at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit"A". If a building permit is denied,the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 11A-8-8-1.
• The subject property contains lands designated as both standard grading and moderate grading
areas,pursuant to the grading guidelines and hillside development standards.The applicant should
obtain a fine grading permit from the City Engineer prior to any fine grading occurring on site.
• Lot 1, Block 1, is a common lot that contains a booster pump associated with the City of Eagle
municipal water system and will include a service driveway. The driveway should take access off
of Clockwork Drive as to limit curb cuts and vehicular access onto Valnova Parkway.
• Lots 2 and 21,Block 1,are buildable lots proposed at the corners of Clockwork Drive and Sunrise
Loop Drive and Ashwood Drive and Sunrise Loop Drive, respectively. Given their proximity to
Valnova Parkway and for continuity in design of the other lots within Block 1, vehicular access
should be limited to being taken from Sunrise Loop Drive only.
• Eagle City Code section 11A-13C-6(B): Open Space: states, that, "The minimum amount
of open space that must be set aside for open space within Spring Valley shall comply with chapter
3 of this title. The minimum amount of open space in all single-family residential subdivisions
(except for the RR and ER land use districts)shall be six hundred(600)square feet per lot.
The minimum amount of open space within any PUMP shall be fifteen percent(15%)of the total
gross acres of the PUMP.No plat shall be approved within any planning area if,with the approval
of such plat, the platted and unplatted open space in the PUMP would fall below fifteen percent
(15%)of the total gross acres of the PUMP.
Plats may be denied if the city finds the applicant is unable to show that fifty percent(50%)of all
dwelling units in the planning area,sixty five percent(65%)of all single-family detached lots less
than five thousand(5,000) square feet in the planning area, and fifty percent (50%) of all single-
family detached lots less than eight thousand (8,000) square feet in the planning area, will abut
some form of open space."
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The application, as proposed, contains 78 total lots (72-buildable, 6-common)which equates to a
total open space requirement of 46,800-square feet (1.07-acres) of open space. The applicant is
proposing 1,181,347-square feet of open space equates to 47.99% of the total land within the
proposed application.In addition,of the 72 buildable lots,all 72(100%)abut open space,pursuant
to the definition with 11 A-13C-6(B).This portion of the Valnova subdivision,as approved through
PUMP No. 1 (PU-01-21)application, is trending towards compliance of the minimum open space
and open space adjacency requirements.
• Eagle City Code Section 11A-2-4: "Setbacks and General Lot Development Regulations"
provides the following minimum setback requirements for the proposed Land Use Districts:
SF2(Single-family detached):
• Front Garage: 20-feet
Side Garage: 10-feet
Living: 10-feet
Interior Side: 5-feet
Street Side: 15-feet
Rear: 20-feet(May be reduced to 15-feet if the rear property line is adjacent to open
space that is a minimum of 50-feet wide.)
Maximum Height: 35-feet
11A-2-4(A)(5)states,"Residential setbacks for front,side and rear loaded single-family units
shall be measured from the back of sidewalk,or back of curb if no sidewalk exists,or edge of
pavement if no curb exists,to the foundation of a building or the face of a garage.All other
setbacks shall be measured to the property line or as otherwise noted."
• "Exhibit P—Parks, Trails and Open Space Plan", dated February 2022, submitted as part of the
Spring Valley PUMP No. 1 application was considered by the City of Eagle's Parks, Pathways,
and Recreation Commission on February 17,2022,where the Commission reviewed the application
and made their recommendation. It was determined at that time that the community pathway
network and open space design were generally approved within the PUMP No. 1 and that the trail
and open space recommendations for each subsequent plat application would be submitted to the
Trails & Pathway Superintendent for a staff level review. The Trails & Pathway Superintendent
provided a letter dated June 14, 2023, for the Valnova Lots 32-35 Subdivision application stating
that the application is in general conformance with the approved PUMP.
• The preliminary plat submitted to the City does not include street names properly designating the
proposed public streets. The applicant should be required to submit a revised preliminary plat that
includes street names at the time of the submittal of a final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June
19,2023,at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission
by no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
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COMMISSION DELIBERATION:
A link to the public hearing and the Commission's motion can be found at the following link:
https://eagle-id.granicus.com/player/clip/1749?meta id=84317
Upon closing the public hearing, the Commission made a motion based upon the information contained
within the record.
COMMISSIONS DECISION:
The Commission voted 5 to 0 to recommend approval of PP-11-22 for a preliminary plat for the Valnova
Lots 32-35 Subdivision with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with strike-through to be removed by the Commission,
and text shown with underline to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of the Amended and Restated Development Agreement (Ada County
instrument#114006036)associated with rezone application RZ-19-06.
2. Comply with the conditions of FPDP-06-21.
3. Comply with all applicable conditions of the Spring Valley Planning Unit Master Plan No.1 (PU-OI-
21).
4. Comply with all requirements of the mass grading permit associated with Spring Valley PUMP No. 1.
5. Comply with all requirements of the City Engineer.
6. The applicant shall receive a fine grading permit from the City Engineer prior to any fine grading
occurring on site.
7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
8. The single-family dwellings and any accessory structures shall be constructed in substantial
conformance to the styles of architecture shown within the within the Valnova Pattern Book(Exhibit
«A„
To assure compliance with this condition,the applicant shall create an architectural control committee
(ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City
attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building permit
applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein,the City reserves the right to deny, at its
discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit"A". If a building permit is denied,the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 11 A-
8-8-1.
9. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style,durable fencing material.
Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section
11A-13C-8.All fencing shall comply with the requirements of the Habitat Mitigation Plan.
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10. The Valnova Lots 32-35 Subdivision shall remain under the control of one Homeowners Association.
11. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
12. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
13. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon
completion of the installation of the municipal fiber-optic conduit lines,the applicant shall provide GIS
coordinates of the locations of the municipal fiber-optic conduit lines.The municipal fiber-optic conduit
lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated
to the City prior to the City Clerk signing the final plat.
14. Lot 1,Block 1 shall take driveway access from Clockwork Drive only.
15. Lots 2 and 21,Block 1,shall take driveway access from Sunrise Loop Drive only.
16.
feet R-501) le „ total le„gth_ _ th_ s-.b.Yitt_l _f_ final pint _ _l___t___ The applicant shall
submit a letter from the Star Fire Protection District and the Ada County Highway District approving
the 750-foot(750')length of the cul-de-sac street(Morgan Point Court)prior to the City Clerk signing
the final plat.
17. The applicant shall submit a revised preliminary plat that includes street names at the time of the
submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs,gutters,streets and sidewalks.
2. Correct street names,as approved by the Ada County Street Name Committee,shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include,but not be limited to,extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the fmal plat.
6. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the
project for service,prior to the City Engineer signing the final plat.
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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.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C),which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
surety shall be submitted to the City Clerk,prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,
prior to the City Engineer signing the final plat,requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
11. No ditch,pipe or other structure,or canal,or drain,for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction,rerouting,covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12.Encroachments including,but not limited to, landscaping, fencing,lighting,and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district,canal company,ditch association,drainage district,drainage entity
or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
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lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,and
as may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements,and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the fmal plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square
feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction,and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping,common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or the Eagle Parks,Pathways,and Recreation Commission for
a path or walkway shall be approved in writing by the Eagle City Parks,Pathways,and Recreation
Commission prior to approval of the final plat by the City Council.
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21. Conservation,recreation and river access easements(if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan(if applicable)in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable)from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan,and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances,plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board,agency,commission,official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9"Land Subdivisions"until the final plat has received the approval of the City Council(ECC
9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements(see resolution 98-3)prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit,Certificate of Deposit,cash deposit or certified check.
31. In accordance with Eagle City Code,failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators,Registered Land Surveyor,County Engineer,Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer,and City Clerk.
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33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that"Digline"has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4'x 4'plywood or other hard surface
sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above
the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
37.Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in
Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and
for monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat(PP-
12-22) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 11A(Planned Developments)because:
a. The requested preliminary plat complies with the approved zoning designation of R-1-DA
(Residential with a development agreement).
b. The requested preliminary plat will be harmonious with and in accordance with the general
objectives of Title 11A of the Eagle City Code since the development is consistent with the
Comprehensive Plan Land Use Map designation of Mixed Use and provides the required
improvements for a subdivision or as may be conditioned herein;
c. The requested preliminary plat will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area and because this
site will be designed in accordance with the requirements of the proposed development agreement
modification, standards of Eagle City Code and the Eagle Architecture and Site Design book
(EASD);
d. The requested preliminary plat will not create excessive additional requirements at public cost for
facilities and services as the site will be served with central sewer from the Eagle Sewer District
and will use public water to be served from Eagle Water.Fire protection will be available from the
Middleton Star Fire District and fire hydrants will be provided where required;
e. The requested preliminary plat will have vehicular approaches to the property designed to not create
an interference with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved by the Ada County Highway District and is subject to the conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
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g. That based upon agency verification and additional written comments provided,or as conditioned
herein,there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 17th day of July,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Chairman
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