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Findings - PZ - 2024 - PU-03-23 - Valnova - Planned Unit Master Plan (PUMP) No. 4 for Valnova BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A PLANNED UNIT MASTER PLAN ) (PUMP)NO.4 FOR VALNOVA FOR ) GWC CAPITAL,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PU-03-23 The above-entitled Planned Unit Master Plan (PUMP) application came before the Eagle Planning and Zoning Commission for their recommendation on January 22, 2024, 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: STAFF FINDINGS OF FACT: A. PROJECT SUMMARY: GWC Capital, LLC, represented by Langvardt Design Group, is requesting approval of Planning Unit Master Plan (PUMP) No. 4 for the Valnova Planned Development (formerly known as Valnova). Planning Unit Master Plan No. 4 consists of 26.32-acres of land within the Southwestern Planning Area and includes one (1) 9.92-acre Estate Residential parcel and one(1) 14.28-acre Regional Open Space (ROS) lot, pursuant to Eagle City Code Title 11A and in accordance with the amended and restated development agreement associated with the Valnova Development. The 26.32-acre site is generally located 2,800-feet northeast of State Highway 16 at Equest Lane. B. APPLICATION SUBMITTAL: This application was submitted on October 31,2023. C. NOTICE OF PUBLIC HEARING: 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 January 5, 2024. Notice of this public hearing was mailed to property owners within three-hundred feet (300') of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 4, 2024. Requests for agencies' reviews were transmitted on October 31, 2023, in accordance with the requirements of the Eagle City Code. The site was posted on January 12, 2024. The official affidavit of site posting from the applicant was returned to the city a minimum of 7-days prior to the hearing on January 12,2024. 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). Page 1 of 34 Valnova PUMP No 4 pzf • 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 May 24, 2022, the City Council approved Planning Unit Master Plan (PUMP) No. 1 for Valnova which consists of 1,005.91-acres (503-acres of open space), 2,199 residential units, and 150,000-square feet of non-residential uses(PU-01-21). • On July 11, 2023, the City Council approved Planning Unit Master Plan (PUMP) No. 2 for Valnova which consists of 81.06-acres of land designated as Regional Open Space (PU-01-23). • On July 11, 2023, the City Council approved Planning Unit Master Plan (PUMP) No. 3 for Valnova which consists of 603.04-acres of land designated as Regional Open Space (PU-02-23). E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Comprehensive Zoning Designation: Land Use: Plan Designation: Existing Foothills Residential R-1-DA Vacant Land/Natural Open Space Proposed Foothills Residential R-1-DA 9.92-acres ER(Estate Residential) (No Change) (No Change) 14.28-acres ROS(Regional Open Space) North of site Foothills Residential PS(Public/Semi-Public) Vacant Land/Natural Open Space South of site Foothills Residential PS(Public/Semi-Public) Vacant Land/Natural Open Space East of site Foothills Residential PS(Public/Semi-Public) Vacant Land/Natural Open Space West of site Foothills Residential RR(Rural Residential— Rural Residential/Large Lot Single Ada County Designation) Family G. DESIGN REVIEW: Subject to ECC 11A-3 -Valnova Design Review Page 2 of 34 Valnova PUMP No 4 pzf H. GENERAL PUMP No.4 DATA/DESIGN: 1. PUMP No.4 Overall—Acreage*: (See 1.4 "Planning Concept"and Table 1:Project Summary in the Development Agreement) Total Acreage of Valnova: 6,017.00 acres Previously Approved Acreage in Valnova: 1,690.01 acres Current Remaining Acreage in Valnova: 4,300.67 acres Proposed Total Acreage in PUMP No. 4: 26.32 acres • Proposed Residential Acreage in PUMP No. 4: 12.04 acres • Proposed Non-Residential Area in PUMP No. 4: 0 square feet • Proposed Open Space in PUMP No.4: 14.28 acres a. Southwestern Residential PA Acreage*: Total Acreage of SWR PA in Valnova: 419.00 acres Previously Approved Acreage in SWR PA: 388.98 acres Current Remaining Acreage in SWR PA: 30.02 acres Total Proposed Acreage of SWR PA in PUMP No.4: 26.32 acres • Proposed Residential Acreage: 12.04 acres • Proposed Non-Residential Area: 0 square feet • Proposed Open Space Acreage: 14.28 acres b. Southern Residential PA Acreage*: Total Acreage of SR PA in Valnova: 2,114.00 acres Previously Approved Acreage in SR PA: 758.61 acres Current Remaining Acreage in SR PA: 1,355.39 acres Total Proposed Acreage of SR PA in PUMP No.4: 0.00 acres • Proposed Residential Acreage: 0.00 acres • Proposed Non-Residential Area: 0 square feet • Proposed Open Space Acreage: 0.00 acres c. Northern Residential PA Acreage*: Total Acreage of NR PA in Valnova: 2,760.00 acres Previously Approved Acreage in NR PA: 278.49 acres Current Remaining Acreage in NR PA: 2,481.51 acres Total proposed acreage of NR PA in PUMP No.4: 0.00 acres • Proposed Residential Acreage: 0.00 acres • Proposed Non-Residential Area: 0 square feet • Proposed Open Space Acreage: 0.00 acres d. Big Gulch PA Acreage*: Total Acreage of BG PA in Valnova: 636.00 acres Previously Approved Acreage in BG PA: 261.93 acres Current Remaining Acreage in BG PA: 374.07 acres Total proposed Acreage of BG PA in PUMP No.4: 0.00 acres • Proposed Residential Acreage: 0.00 acres • Proposed Non-Residential Area: 0 square feet • Proposed Open Space Acreage: 0.00 acres Page 3 of 34 Valnova PUMP No 4 pzf e. Highway Mixed Use PA Acreage*: Total acreage of HMU PA in Valnova: 88.00 acres Previously Approved Acreage in HMU PA: 0.00 acres Current Remaining Acreage in HMU PA: 0.00 acres Total proposed acreage of HMU PA in PUMP No. 4: 0 acres • Proposed Residential Acreage: 0.00 acres • Proposed Non-Residential Area: 0 square feet • Proposed Open Space Acreage: 0.00 acres *As proposed within the PUMP No. 4 application—Exhibit D, dated September 2023 2. PUMP No.4 Overall Residential Units and Density: (See 1.4 "Planning Concept"and Table 1:Project Summary in the D.A) Maximum Allowable Units in Valnova: 7,160 units max.,total' Previously Approved Units in Valnova: 2,199 units Current Remaining Units in Valnova: 4,961 units,max.++ Number of Proposed Units in PUMP No. 4: 1 unit Maximum Allowable Density for Valnova: 1.19 du/ac,max. Current Total Development Density: 0.37 du/ac Proposed PUMP No.4 Density: 0.04 units per acre 'Including all applicable bonus densities pursuant to the executed D.A. a. Southwestern Residential PA Residential Units*: Maximum Allowable Units in SWR PA: 450 units Previously Approved Units in SWR PA: 449 units Current Remaining Units in SWR PA: 1 unit Proposed Units in SWR PA in PUMP No. 4: 1 unit Maximum Allowable SWR PA Density: 1.07 du/ac,max. Current Total SWR PA Density: 1.07 du/ac Current PUMP No.4 SWR PA Density: 0.04 du/ac b. Southern Residential PA Residential Units*: Maximum Allowable Units in SR PA: 2,109 units Previously Approved Units in SR PA: 192 units Current Remaining Units in SR PA: 1,917 units Proposed Units in PA in PUMP No.4: 0 units Maximum Allowable PA Density: 0.96 du/ac,max. Current Total PA Density: 0.09 du/ac Current PUMP No.4 SR PA Density: 0.00 du/ac Page 4 of 34 Valnova PUMP No 4 pzf c. Northern Residential PA Residential Units*: Maximum Allowable Units in NR PA: 5,917 units Previously Approved Units in NR PA: 422 units Current Remaining Units in NR PA: 5,495 units Proposed Units in PA in PUMP No. 4: 0 units Maximum Allowable NR PA Density: 2.14 du/ac,max. Current Total NR PA Density: 0.15 du/ac Current PUMP No.4 NR PA Density: 0.00 du/ac d. Big Gulch PA Residential Units*: Maximum Allowable Units in PA: 3,335 units Previously Approved Units in BG PA: 1,136 units Current Remaining Units in BG PA: 2,199 units Proposed Units in BG PA in PUMP No. 4: 0 units Maximum BG PA Density: 5.24 du/ac,max. Current Total BG PA Density: 1.79 du/ac Current PUMP No.4 BG PA Density: 0.00 du/ac e. Highway Mixed Use PA Residential Units*: Maximum Allowable Units in PA: 500 units Previously Approved Units in BG PA: 0 units Current Remaining Units in BG PA: 0 units Proposed Units in PA in PUMP No.4: 0 units Maximum PA Density: 4.68 du/ac,max. Current Total PA Density 0.00 du/ac Proposed PUMP No.4 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) • Upon approval of PUMP No. 4, the Southwestern Residential Planning Area will have consumed 100% of the units (450 of 450 max. total) allowed within the Planning Area, but will only have consumed 99.12% of the acres (415.30 of 419 max. total) of the Planning Area. No further residential development shall occur within the Southwestern Residential Planning Area. *As proposed within the PUMP No. 4 application—Exhibit D, dated September 2023 Page 5 of 34 Valnova PUMP No 4 pzf 3. PUMP No.4 Bonus Density Allocation: (See 1.4 "Planning Concept"and Table 1:Project Summary in the Development Agreement) Valnova Totals*: Maximum Allowable Units in Valnova: 7,160 units max.,total+ Previously Approved Units in Valnova: 2,199 units Current Remaining Units in Valnova: 4,961 units,max.++ Proposed Units in SWR PA in PUMP No.4: 1 unit +Including all applicable bonus densities or if developed pursuant to the D.A. 4. PUMP No.4 Open Space Overall*: (See 2.6(a) "Master Parks, Trails, and Open Space Plan"in the Development Agreement) Previously Approved Open Space in Valnova: 1,189.17 acres Previously Approved Open Space%in Valnova: 69.37% Open Space%Required in Valnova: 20%min. Open Space%Goal in Valnova 40% Regional Open Space Proposed in PUMP No.4: 14.28 acres Community Open Space Proposed in PUMP No.4: 0.00 acres Open Space%Proposed in PUMP No.4: 54.3%(of 26.32 acres) a. Southwestern Residential PA Open Space*: Previously Approved Open Space in SWR PA: 241.33 acres Previously Approved Open Space%in SWR PA: 58.11% Required Minimum PA O.S.: 15% Proposed Within PUMP No.4: Proposed Total Open Space in SWR PA: 14.28 acres • Regional Open Space in SWR PA: 14.28 acres • Community Open Space in SWR PA: 0.00 acres %of Developable Acres Proposed in SWR PA: 54.3%(of 26.32 acres) b. Southern Residential PA Open Space*: Previously Approved Open Space in SR PA: 717.94 acres Previously Approved Open Space%in SR PA: 94.64% Required Minimum PA O.S.: 15% Proposed Within PUMP No.4: Proposed Total Open Space in SR PA: 0.00 acres • Regional Open Space in SWR PA: 0.00 acres • Community Open Space in SWR PA: 0.00 acres %of Developable Acres Proposed in SR PA: 0.0% Page 6 of 34 Valnova PUMP No 4 pzf c. Northern Residential PA Open Space*: Previously Approved Open Space in NR PA: 124.41 acres Previously Approved Open Space%in NR PA: 44.67% Required Minimum PA O.S.: 15% Proposed Within PUMP No.4: Proposed Total Open Space in NR PA: 0.00 acres • Regional Open Space in SWR PA: 0.00 acres • Community Open Space in SWR PA: 0.00 acres %of Developable Acres Proposed in NR PA: 0.0% d. Big Gulch PA Open Space*: Previously Approved Open Space in BG PA: 105.49 acres Previously Approved Open Space%in BG PA: 40.27% Required Minimum PA O.S.: 15% Proposed Within PUMP No.4: Proposed Total Open Space in BG PA: 0.00 acres • Regional Open Space in SWR PA: 0.00 acres • Community Open Space in SWR PA: 0.00 acres %of Developable Acres Proposed in BG PA: 0.0% e. Highway Mixed Use PA Open Space*: Previously Approved Open Space in BG PA: 0.00 acres Previously Approved Open Space%in BG PA: 0.0% Required Minimum PA O.S.: 15% Proposed Within PUMP No.4: Proposed Total Open Space in SR PA: 0.00 acres • Regional Open Space in SWR PA: 0.00 acres • Community Open Space in SWR PA: 0.00 acres %of Developable Acres Proposed in SR PA: 0.0% *As proposed within the PUMP No. 4 application—Exhibit H, dated September 2023 5. PUMP No.4 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.4: 1 lot Required Dwelling Units Adjacent to Open Space: 1 lot(50%min.) Proposed Dwelling Units Adjacent to Open Space: 1 lot(100%) a. Detached Units Less than 5,000 square feet*: Total Number of<5K SF Units in PUMP No.4: 0 lots Required Number of<5K SF Units Adjacent to O.S: 0 lots(65%) Proposed Number of<5K SF Units Adjacent to O.S.: 0 lots(NA%) b. Detached Units Less than 8,000 square feet*: Total Number of<8K SF Units in PUMP No.4: 0 lots Required Number of<8K SF Units Adjacent to O.S: 0 lots(50%) Proposed Number of<8K SF Units Adjacent to O.S.: 0 lots(NA%) *As proposed within the PUMP No. 4 application—Exhibit I, dated September 2023 Page 7 of 34 Valnova PUMP No 4 pzf 6. PUMP No.4 Constrained Lands(CL)and Habitat of Special Concern(HASC): (See 1.3 "Mitigation"and Exhibit N in the Development Agreement) Total Pre-Mitigation Acreage in Valnova: 1,160 acres Total Post-Mitigation Acreage Required: 580 acres (580 acres/1,160 acres) 50% Total Pre-Mitigation Acreage within Prior PUMPs: 732.41 acres Total Post-Mitigation Acreage within Prior PUMPs: 339.75 acres Current Preservation/Mitigation%: 46.39% Total Current Preservation/Mitigation% 66.15% Total Pre-Mitigation Acreage in PUMP No. 4: 25.12 acres Total Post-Mitigation Acreage in PUMP No. 4: 14.91 acres (14.91 acres/25.12 acres) 59.4%of PUMP No.4 *As proposed within the PUMP No. 4 application—Exhibits K, L and M, dated September 2023 I. ECONOMIC ANALYSIS: The City contracted with independent economic consulting firm TischlerBise who provided an economic analysis of the proposed development as part of the PUMP No. 1 submittal. 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 including the City's approved land values and Fiscal Impact Tool absorption category classification table was submitted to the City on July 21, 2022, and resubmitted as part of this PUMP No. 4 application on October 31, 2023, as Exhibit A6 and Exhibit A7. The economic analysis is incorporated hereto 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 October 31, 2023, and the applicants Planning Unit Master Plan No. 4 Exhibit D—Land Use Plan, dated September 2023. K. PHASING PLAN: The applicant did not submit a phasing plan due to the size and nature of the PUMP No. 4 application. 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 by the City on October 31, 2023,and the applicants Planning Unit Master Plan No. 4 Exhibit Fl - Street and Circulation Plan,dated September 2023. The Ada County Highway District (ACHD) issued a letter dated December 4, 2023. The applicant provided a Traffic Impact Study (TIS), dated September 24, 2021, prepared by Kittleson and Associates to Idaho Transportation Department (ITD). ITD issued a letter dated January 24,2022.Both are attached herein. Page 8 of 34 Valnova PUMP No 4 pzf 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 by the City on October 31, 2023, and the applicant's Planning Unit Master Plan No. 4 Exhibit E —Wastewater, Water, and Irrigation Plan,dated September 2023. The City Engineer issued a letter of approval on December 21, 2022,which is attached herein. N. WASTEWATER 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 by the City on October 31, 2023, and the applicant's Planning Unit Master Plan No. 4 Exhibit E —Wastewater, Water, and Irrigation Plan,dated September 2023. 0. 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 by the City on October 31, 2023 and the applicant's Planning Unit Master Plan No. 4 Exhibit F2 — Drainage Plan, dated September 2023. The City received a letter of approval from FEMA of the M3 CLOMR on November 18,2013. All development within Valnova PUMP No. 4 shall be reviewed and approved consistent with Eagle City Code Title 10:Floodways. P. PRESSURIZED IRRIGATION MASTER PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Water Facilities Master Plan is addressed in the applicant's narrative received by the City on October 31, 2023, and the applicant's Planning Unit Master Plan No. 4 Exhibit E —Wastewater, Water, and Irrigation Plan,dated September 2023. 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 by the City on October 31, 2023, and the applicant's Planning Unit Master Plan No. 4 Exhibit G — Power and Gas Plan, dated September 2023. 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 by the City on October 31,2023, and the applicant's Planning Unit Master Plan No. 4 Exhibit H—Parks,Trails, and Open Space Plan,dated September 2023. Exhibit H was reviewed by Staff in compliance with the approved Habitat Master Plan and approved Trails and Pathway Standards within Title 11A. S. LOT OPEN SPACE ADJACENCY PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Lot Open Space Adjacency Master Plan is addressed in the applicant's narrative received by the City on October 31, 2023, and the applicant's Planning Unit Master Plan No. 4 Exhibit I — Lot Open Space Adjacency Plan,dated September 2023. Page 9 of 34 Valnova PUMP No 4 pzf 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 by the City on October 31, 2023, and the applicant's Planning Unit Master Plan No. 4 Exhibits J and K— Environmental Plan,each dated September 2023. U. CONSTRAINED LANDS PLAN: The applicant's justification of the PUMP's compliance with the requirements of the Constrained Lands Master Plan is addressed in the applicant's narrative received by the City on October 31, 2023,and the applicant's Planning Unit Master Plan No.4 Exhibit L — Constrained Lands Plan, dated September 2023. V. HABITAT AREA OF SPECIAL CONCERN 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 by the City on October 31, 2023, and the applicant's Planning Unit Master Plan No.4 Exhibit M—Habitat Area of Special Concern Plan,dated September 2023. W. 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 City on October 31,2023. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached: • City Engineer • Ada County Highway District • Idaho Department of Environmental Quality • Middleton Star Fire Protection Districts Y. LETTERS FROM THE PUBLIC: None received to date. 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. The ordinances and standards used in evaluating the application; b. The facts submitted with the application and presented establishes that: 1) The PUMP substantially conforms with: the PADA and subsequent amendments; this Title; 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, 3) The proposed commercial/non-residential development is justified at the locations proposed and is consistent with the PADA; Page 10 of 34 Valnova PUMP No 4 pzf 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. STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: See the Eagle Foothills Subarea Plan and the Findings of Fact and Conclusions of law for RZ-19- 06,including MOD 1 and MOD 2. These documents are incorporated herein by reference. B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 1.2 Planned Development: 2nd 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"a 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: • 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. Page 11 of 34 Valnova PUMP No 4 pzf • 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. Valnova is being planned as five different Planning Areas, as set forth in Exhibit(s) D, D1, D2, D3, D4, and D5; the Conceptual Development Plan set forth in Exhibit B; the density allocation planned for each Planning Area is summarized in Table 1 below. Each Planning Area represents a unique design based upon: (i) topography; (ii) location within the Development Plan; (iii)existing and planned transportation corridors; (iv)a balance of commercial, employment and residential uses to promote trip capture within the Project; (v) a wide array of housing and employment options to create a live/work environment; (vi) regional and community Open Space; and(vii)dedication or donation of public facility sites for schools,police and fire, library,parks, public and civic uses. Within all Planning Areas a minimum of 50% of all dwelling units, and 65% of all single-family detached lots less than 5,000 square feet, and 50% of all single-family detached lots less than 8,000 square feet shall abut some form of Open Space. Page 12 of 34 Valnova PUMP No 4 pzf The following Table 1 is an illustration of how the Bonus Density provisions may be applied used to reach the Maximum Density. The Bonus Density provisions may be applied,without limitation,so long as the Maximum Density and Maximum Planning Area Density are not exceeded. Table 1:Project Summary Planning Areas [ ' — ......_ South- Northern Southern western Highway Spring Valley Big Gulch Residential _ Residential Residential Mixed Use Total Acreage 6017 636 2760 2114 419 88 Residential 5772 536 2720 2114 402 - Maximum Nan- Residential 245 100 40 - 171 88 Open Space(Acres) Minimum Open Space(15%)per Planning Area 902 95 1 414 1 317 63 I 13 Required Open Space for Spring Valley 120%h•Acres 1203 Total Open Space Goal for Spring Valley(4010-Acres 2406 Density(units/acre) Base Density (Density&Units) 3008 0.5 318 0.5 1380 0.5 1057 0.5 209 I 0.5 44 Bonus Density-Open Space Community Open Space(0.5 unit per acre above 20% requirement throughout Spring Valley)(Acres& Units) 322 161 Regional Open Space (1.0 unit per acre above 20% requirement throughout Spring valley) (Acres&Unite) 880 880 SUBtOTAL UNITS 4049 Bonus Density-Centers Page 13 of 34 Vatnova PUMP No 4 pzf Table 1:Project Summary Planning Areas South- Northern Southern western Highway Spring Valley Big Gulch Residential Residential Residential Mixed Use Community Center (2.5 unitaracre) (Acres&Units) 88 220 88 220 Neighborhood Center(10 u nits/acre) !Acres&Uni1s) 240 2240 120 1200 80 800 24 240 SUBTOTAL UNITS 55010 1548 2331 1917 449 264 Bonus Density Open Space Funding Mechanism -Units 651 TOTAL UNITS 7160 Maximum Planning Area Density Maximum Planning Area Density (Density&Units) . &.24 3335 2.14 1111117 At 2100 1.07 4110 SAS 600 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; the Conceptual Development Plan set forth in Exhibit B. 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 A of Eagle City Code. If the Planning Unit Master Plan is substantially in conformance with this Agreement and Title 1 1A of Eagle City Code, the Planning & Zoning Commission and City Council shall not unreasonably withhold approval. Page 14 of 34 Valnova PUMP No 4 pzf 1.7 Allocation; Density: This Agreement provides for a Maximum Density of 1.19 units/acre, or 7,160 dwelling units, as provided in section 1.4 of this Agreement, and a maximum of 245 acres of Non-Residential Uses within the Property. The number of dwelling units shall not exceed 7,160 dwelling units for the entire Project unless Additional Property is annexed into City and made subject to this Agreement. Developer shall also have the right to allocate residential density and/or Non- Residential Use acreage, and the Development Rights associated with such residential density and/or Non-Residential Use acreage, from Planning Area(s)or Planning Unit(s)to other Planning Area(s) or Planning Unit(s) at any time, and Developer may allocate any unused residential density or Non-Residential Use acreage originally allocated to a Planning Area or Planning Unit to another Planning Area or Planning Unit in the event that the preliminary or final platting of a Planning Area or Planning Unit results in unused residential density and/or unused Non- Residential Use acreage, provided such allocation: (i)does not exceed the Maximum Planning Area Density; (ii)does not exceed the Maximum Density for the Property; (iii) does not exceed the maximum Non-Residential Use acreage allowed for the Property; (iv) does not allow a use otherwise prohibited; or(v)cause a material change to this Agreement without prior amendment to this Agreement and compliance with the notice and hearing requirements of Title 11 of Eagle City Code. The allocation of residential density and/or Non-Residential Use acreage between Planning Areas and Planning Units is consistent with City's planning efforts to encourage planning flexibility based on physical and market conditions while protecting private property rights. Developer shall deliver notice to City that an allocation of residential density or Non- Residential Use acreage shall be made from one Planning Area or Planning Unit to another Planning Area or Planning Unit and shall provide City with a statement of the number of residential units per gross acre and/or Non-Residential Use acreage being allocated. Any such allocation shall not necessitate a formal amendment to this Agreement, but shall be retained in City's official file for the Property. 2.1 Traffic and Circulation: (a) Ada County Highway District; Idaho Transportation Department. Improvements to the ACHD and/or ITD Traffic System, as applicable, within the Project shall be provided at the direction of ACHD, ITD or some other legally-constituted entity with jurisdiction over the ACHD Traffic System and/or the ITD Traffic System. Unless City has such jurisdiction,City shall not be responsible for any approvals or access permits required or construction or maintenance costs associated with the ACHD Traffic System and/or the ITD Traffic System, within the Project. (c) ACHD Traffic System: Developer, with consultation with ACHD, will design, engineer, construct, acquire, install, permit and dedicate the ACHD Traffic System within and/or proportional to the Project's impacts in accordance with the Master Streets & Circulation Plan,Planning Unit Master Streets &Circulation Plans and the Phasing Plan and all planning and study documents of ACHD. (d) ITD Traffic System: Developer, with consultation with ITD, will design, engineer, construct, acquire, install, permit and dedicate the ITD System within and/or adjacent and/or proportional to the Project's impacts in accordance with the Master Streets & Circulation Plan,Planning Unit Master Streets&Circulation Plans and Phasing Plan and all planning and study documents of ITD. City and Developer shall cooperate in pursuit of funding from or authorized by the State of Idaho for the construction of Developer's proportionate share of necessary improvements to the ITD System (which improvements may include, without limitation, interchanges, roundabouts, traffic signals, turning lanes and frontage roads) required to implement this Plan. Page 15 of 34 Valnova PUMP No 4 pzf (e) Planning Unit Master Streets & Circulation Plan: A detailed analysis of the ACHD Traffic System within the Project and the ITD Traffic System within and/or adjacent to the Project and the ultimate design and locations of streets and circulation improvements shall be consistent with the Master Streets & Circulation Plan and further defined in each Planning Unit Master Streets & Circulation Plan, which analysis shall be submitted and approved by ACHD and/or ITD, as appropriate. Each Planning Unit Master Streets & Circulation Plan shall be prepared by Developer and approved by City taking into account the Master Streets & Circulation Plan, and any amendments thereto and the recommendations of ACHD and/or ITD, as applicable. Each Planning Unit Master Streets & Circulation Plan shall address any increase or decrease in traffic volumes from other Planning Unit Master Plans and the particular Planning Unit being planned that may occur as development progresses and densities and intensities are rearranged. 2.2 Water: (a) Municipal Water Right; Monitoring Plan: Pursuant to that certain Assignment of Application and Permit dated and filed with IDWR on June 13, 2011, which remains in effect and is applicable to this Agreement, Developer has conveyed to City ground water right no. 63-32573 (the "Municipal Water Right"), which is to be used to provide municipal water service to the Project for all of its municipal uses, including without limitation irrigation, storage, residential, commercial, industrial, and other municipal uses. The Municipal Water Right requires ground water monitoring in accordance with its Attachment B, which is a March 17, 2011 Technical Memorandum setting forth a water level/water production monitoring and reporting plan(the"Monitoring Plan"). Developer has been implementing the Monitoring Plan and is responsible for all costs of implementing the Monitoring Plan until a Completed Portion is conveyed to City. As Completed Portions are conveyed to City, City shall be responsible to pay its proportionate share of the total Monitoring Plan costs, its share being calculated as follows: total Monitoring Plan costs (A); multiplied by the results of the number of connections to the Water System by a "customer(s)" or "user(s)" as defined by Eagle City Code Title 6 Chapter 5 (B); divided by the total Project residential density of 7,160 dwelling units(C). (A x(B-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 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 Page 16 of 34 Valnova PUMP No 4 pzf 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. 2.5 Public Facilities: (a) Police: City shall provide police protection services to the Property as developed on the same basis as is provided to other residents and businesses within City. Developer shall contribute 1 site (not to exceed 1 acre) for the construction of a police station in accordance with the Master Parks, Trails and Public Facilities Plan,attached as Exhibit I,which defines a general location. Police. City shall provide police protection services to the Property as developed on the same basis as is provided to other residents and businesses within City. Developer shall contribute 1 site(not to exceed 1 acre)for the construction of a police station in accordance with the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location. (b) Fire: Fire services are now provided to City by Eagle Fire District and Star Fire District (individually,the "Fire District" and collectively, the"Fire Districts"). Unless City becomes Page 17 of 34 Valnova PUMP No 4 pzf the entity responsible,City shall not be obligated to provide fire services to the Property. Fire water flows shall be provided by the Water System and all fire protection infrastructure will be designed and constructed in conjunction with each Fire District and in accord with all applicable governmental regulations and adopted uniform fire codes. Hydrant locations will be determined following consideration of, without limitation, accessibility, obstructions, building proximity, driveway entrances, signs and light poles. Developer, in consultation with the Fire Districts, has developed a wildfire management plan for implementation within such Fire Districts. Unless otherwise agreed between Developer and Fire District,Developer shall contribute 1 site (not to exceed 1 acre of land per site and in addition to the fire station site combined with the police station site referenced in section 2.5(a) above) for construction of the fire station in accordance with the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, which defines a general location. The final location is subject to Developer, applicable Fire District and City approval. Such fire station shall be identified in connection with the applicable Planning Unit Master Plan or portion thereof. (c) Schools: Public education is provided by the School District. City shall not be obligated to provide public education service to the Property. Developer has, and shall continue to work diligently with School District to ensure that the educational needs of Property residents are met. In furtherance of meeting educational needs,Developer may participate with School District in enhancing the technology in one or more schools constructed by School District on the Property. Developer generally has identified potential school sites within the Project, as depicted on the Master Parks, Trails and Public Facilities Plan, attached as Exhibit I, to accommodate the needs of students generated as a result of the development of the Property using School District's student generation rates to determine the probable number of sites. The specific location, specific number of school sites and types of schools (i.e., elementary, middle and high schools) will be subject to approval by Developer and School District. The school sites will be shown as being dedicated to School District on an applicable Planning Unit Master Plan by Planning Unit Master Plan basis. The final number of school sites, the type of schools and their locations shall be identified in the appropriate Planning Unit Master Plan. (d)Library and Other Municipal Services: City shall provide library and such other municipal services to the Property on the same basis as is provided to other residents and businesses within City. Developer shall offer to City up to a four-acre site (subject to actual needs and based upon an approved site plan) for donation to City, with utilities stubbed, or to be stubbed, to such site to accommodate the development of the type of library and other municipal services necessary to serve the community at a location to be mutually agreed upon between City and Developer. If mutually agreed upon between City and Developer, Developer shall have the right to incorporate the space necessary to accommodate these uses into buildings built by Developer within the Property. It is planned that such site would be located within the Big Gulch Planning Area. Design of any library shall be consistent with the EASD and/or Title 11 of Eagle City Code and shall be reviewed for approval by Developer. 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, which depicts the intent to link neighborhoods and Planning Areas to various Page 18 of 34 Valnova PUMP No 4 pzf 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 Valnova 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 hereto as Exhibit N, identifies areas where Mitigation is required, the type of Mitigation actions, if any, required, and the rationale for such actions. City and Developer may coordinate, cooperate, and consult with other agencies in the application of the Habitat Mitigation Plan, but approval authority for the application of the Habitat Mitigation Plan shall rest solely with City based on standards commensurate with such Habitat Mitigation Plan(s) and based on findings that demonstrate a rational nexus Nothing in the Habitat Mitigation Plan may be construed as either incorporating state and/or federal standards and/or regulations that are not applicable to the Property or otherwise conferring any approval authority for the Habitat Mitigation Plan to any state or federal agency. Implementation and compliance with the Habitat Mitigation Plan shall be on a Planning Unit by Planning Unit basis. A PUMP shall not be approved if development is proposed and compliance with the Habitat Mitigation Plan has not been approved or conditionally approved in accordance with Eagle City Code Title 11. 3.1 Regulation of Development: (a) Applicable Rules: The ordinances, rules, regulations, permit requirements, development fees, other infrastructure fees, exactions, other requirements, and/or official policies however Page 19 of 34 Valnova PUMP No 4 pzf 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 Valnova and have been replaced by Title 11 of Eagle City Code. 3.2 Amendments: 2nd 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-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 11 A prior to subdivision; B. A Planning Unit Master Plan should reflect an area within Valnova 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. 11A-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. 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 Page 20 of 34 Valnova PUMP No 4 pzf 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 Valnova Master Plan. If the PUMP is not in substantial conformance with any component of the Valnova 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 Valnova Master Plan and the applicable Planning Area in which the PUMP is located, including cumulative totals approved in connection with previous PUMPs. Such tabulation shall show the trend toward achieving the Planning Area requirement that fifty percent (50%) of all dwelling units in the Planning Area, sixty-five percent (65%)of all single-family detached lots less than five thousand(5,000) square feet in the Planning Area, and fifty percent(50%)of all single-family detached lots less than eight thousand(8,000) square feet in the Planning Area,will abut some form of Open Space. Page 21 of 34 Valnova PUMP No 4 pzf 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 Valnova Master Plan and Eagle Comprehensive Plan. 2. Economic Impact Analysis An Economic Impact Analysis&Demographic Forecast,dated October 25,2006,and revised July 2007, by Idaho Economics was provided to the City in connection with the 2007 approval of Valnova. An update to the Economic Impact Analysis shall be provided to City in connection with the first Planning Unit Master Plan application. Thereafter, an update to the Economic Impact Analysis shall only be required with a PUMP application if a substantial change is proposed for the Valnova Master Plan such as an increase in the maximum density in Valnova. 3. Planning Unit Master Land Use Plan A land use plan on a minimum sheet size of 11" x 17" but not greater than 24" x 36" at a scale appropriate to the sheet and legible enough to read all details and containing the following: a) The Title block should be located in the lower right hand corner along with the date of preparation, owner's name, address and phone number, and the name, address and phone number of the person(s)or firm(s)preparing the land use plan. b) The name of the proposed Planning Unit. c) North arrow and the scale of the drawing. d) Location and acreage for each development parcel within the Planning Unit. Land use districts will be identified with different colors. Superpads/large parcels may be identified on the land use plan. e) A summary table describing the land use, number of acres and/or units for each development parcel. f) Existing and proposed arterial and collector streets. g) Topography at 2-foot or other appropriate intervals referenced to a U.S.G.S. standard. This information could be shown on a separate exhibit. h) Existing topographic characteristics showing slopes over 25% and the location and acres for development to be graded pursuant to the Grading Guidelines and Hillside Development Standards. This information may be shown on a separate exhibit and may be combined with the submittal listed immediately above. 4. Planning Unit Master Streets&Circulation Plan a) A plan showing the arterial and collector roadway network. b) A streets and circulation phasing plan. c) A traffic impact study (TIS) of the ACHD traffic system within the PUMP and ITD traffic system adjacent to the PUMP for compliance with the Master Traffic Study and the ACHD Northwest Foothills Transportation Study will be provided to ACHD and/or ITD. Such TIS may be submitted prior to the rest of the PUMP application. d) A narrative or evidence showing how this component of the PUMP complies with the Valnova Master Streets & Circulation Plan with reference to traffic volumes Page 22 of 34 Valnova PUMP No 4 pzf associated with previously approved PUMP(s). The narrative shall include a description of the location of private roads and the number of residential units served by such private roads. 5. Planning Unit Master Potable Water Plan a) An updated Valnova Water Facility Plan will be provided if the PUMP application requires modifications to the existing Valnova Water Facility Plan. If the municipal transmission potable water system complies with the existing Valnova Water Facility Plan, an update is not necessary. b) A plan showing the location and size of municipal transmission potable water system components, including both on- and off-site (that is, outside of the Planning Unit) municipal water mains (that is, not service lines), municipal wells, pump stations, pressure reducing stations and storage facilities needed to serve the Planning Unit. c) A phasing plan for the construction of the necessary municipal transmission potable water system. d) A narrative or evidence showing how this component of the PUMP complies with the Valnova Master Water Facility Plan and the Valnova RAFN water right. 6. Planning Unit Master Wastewater Plan e) A plan showing the location, size, type and capacity of the backbone wastewater collection, transmission and treatment system components, including effluent and/or re-use storage, transmission and/or disposal facilities needed to serve the Planning Unit. f) A phasing plan for the construction of the necessary wastewater collection and re- use systems. g) A narrative or evidence showing how this component of the PUMP complies with the Valnova Master Wastewater Facility Plan, including a discussion of re-use goals and feasibility. 7. Planning Unit Master Drainage Plan a) A plan showing the location and estimated size of major drainage channels and major retention/detention basins, and the location of existing major drainage ways and designated 100-year flood plains within the Planning Unit including background information and/or calculations. b) Location and acreage removed from the floodway pursuant to the FEMA-approved CLOMR. c) A narrative describing: proposed measures necessary to comply with the ACHD Storm Water Policy Manual for drainage located within ACHD rights-of-way; and the regional design of storm water management systems that mitigate flooding potential, including peak discharge reduction and storage facilities consistent with applicable ACHD or City requirements and the basis of design for flood protection for all structures. d) A narrative or evidence showing how this component of the PUMP complies with the Valnova Master Drainage Plan Page 23 of 34 Valnova PUMP No 4 pzf 8. Planning Unit Master Pressurized Irrigation Plan a) An updated Valnova Master Pressurized Irrigation Plan will be provided if the PUMP application requires modifications to the existing Valnova Master Pressurized Irrigation Plan. If the pressurized irrigation system complies with the existing Valnova Master Pressurized Irrigation Plan,an update is not necessary. b) Description of the irrigation measures to be used for the PUMP including groundwater, potable water and reuse. Evidence of sufficient means/rights to provide irrigation. c) A narrative or evidence showing how this component of the PUMP complies with the Valnova Master Pressurized Irrigation Plan. 9. Planning Unit Master Public Facilities Plan a) A plan showing the locations of public facilities including schools, fire and police stations, a library and other civic facilities, and public utility easements and facilities. b) A narrative or evidence showing how this component of the PUMP complies with the Valnova Master Public Facilities Plan. c) Evidence from public facility providers to the effect such provider(s) will serve the Planning Unit. 10. Planning Unit Master Parks,Trails&Open Space Plan a) A plan showing the locations and sizes of public and private common areas outside of a development parcel,which may include neighborhood,regional and community parks, lakes and ponds, floodways, drainage ways and dry gulches, natural open space, and other open space and recreation areas, including a description of what amenities are provided. b) A tabulation of Open Space acreage by Regional Open Space, Community Open Space (including Open Space within neighborhoods or parcels) and other Open Space (including on-lot Open Space) including cumulative totals in connection with previous PUMPs. c) Golf course locations. d) Location of vineyards and other agricultural areas. e) Location of regional and community pathway and trail facilities, including typical pathway and trail cross-sections,materials and trail signage. I) Identification of who will own and maintain the regional and community parks, trails and open space facilities. g) A phasing plan for the construction of the regional and community parks, trails and Open Spaces within the Planning Unit. h) A narrative or evidence showing how this component of the PUMP complies with the Valnova Master Parks,Trails&Open Space Plan. i) Discussion of the funding mechanism proposed in connection with the maintenance of Regional Open Space. j) A letter of recommendation from the Eagle Parks and Pathway Committee for all facilities to be dedicated,operated and/or maintained by and to the City. Page 24 of 34 Valnova PUMP No 4 pzf 11. Environmental Design Plan a) Landscape—An exhibit or exhibits showing landscape areas that will use upland or riparian landscape palettes included in Title 11A Chapter 3. The exhibit shall also include the location of formal versus informal street sections as defined in Title 11A Chapter 3. b) Signage -An exhibit showing the location of the proposed community signs for the PUMP identified in Title 11A Chapter 3. Approval of the PUMP signage plan does not waive the requirement for all community signs to comply with the location, size and spacing standards of Title 11A Chapter 3 and/or the Community Master Sign Plan once approved by the City, and, if the Community Master Sign Plan has not been approved by the City,then City Code. c) Habitat Mitigation Plan - Location of any Areas of Special Concern, and if present, a narrative or evidence of showing how the PUMP complies with the Valnova Habitat Mitigation Plan. 12. Super Pad/Large Parcel Plan a) A plan showing the conceptual locations and sizes of super pads/large parcels for sale and transfer for further development. The plan should include timing and phasing of platting. The conceptual location and sizes of super pads/large parcels may be identified on the land use plan. b) All platting of such super pads/large parcels shall be conducted in compliance with Title 11A Chapter 13 of Eagle City Code. c) Super pads/large parcels are not considered buildable lots until re-platted and reviewed for compliance with Title 11A Chapter 13 of Eagle City Code. D. DISCUSSION: • The proposed Estate Residential(ER)lot is located within the Southwestern Residential Planning Area. The Southwestern Residential Planning Area was approved with a maximum of 450 residential units at full buildout, considering the potential maximization of any bonus densities, pursuant to Table 1 of Section 1.4 within the development agreement. The Eagle City Council approved the Spring Valley Planning Unit Master Plan (PUMP) No. 1 on May 24, 2022, which approved a total of 449 residential units within the Southwestern Residential Planning Area; leaving only one (1) remaining residential unit within the Southwestern Planning area to be allocated within a future PUMP application. If the proposed PUMP No. 4, as proposed with one (1) residential unit, is approved by City Council, there should be zero (0) remaining residential units available within the Southwestern Residential Planning Area for future approval. • The existing Chevron Gas Pipeline generally runs from the northwestern corner of the proposed Estate Residential (ER) lot to the southwestern corner, as shown within Exhibit G of the submitted application exhibits. The existing pipeline and corresponding easement should be transferred to the future plat documents prior to the submittal of a preliminary plat. • A portion of the proposed Estate Residential (ER) lot is located within the existing FEMA Floodplain. No development should be permitted to occur on the ER lot within the portion that is located within the Floodplain without the approval of a Flood Plain Development Permit from the City of Eagle. • Staff has reviewed the proposed Exhibit H — Parks, Trails, and Open Space Plan within the submitted PUMP No. 4 application and find the proposed trails to be in compliance with the development agreement and in alignment with the goals of the previously approved PUMP No. 1 Page 25 of 34 Valnova PUMP No 4 pzf application. The "natural trail", as shown as the red dashed line should be required to connect with the approved natural trail approved in the adjacent PUMP No. 1 application. Additionally, the proposed ten-foot(10') wide Regional Trail shown as the purple dashed line, should connect with the approved ten-foot (10') wide Regional Trail approved in the adjacent PUMP No. 1 application. Both trails should be required to have public access easements and the applicant should be required to include them on the subsequently submitted final plat drawings and submit recorded public access easements for each,prior to the City Clerk signing the final plat associated with these lots. • The development agreement requires that of the existing 1,160-acres of land designated as Habitat Area of Special Concern (HASC), that a minimum of 50% (580-acres) are preserved and/or mitigated. 25.12-acres of HASC area are included within PUMP No. 4, of which 14.91- acres are to be preserved or be rehabilitated. The preserved/rehabilitated areas equate to 59.4%of the total HASC area within PUMP No. 4, which is above the 50% minimum requirement for the overall project. With the approvals of the prior PUMP No. 1 and PUMP No. 3 applications, the development has been approved with the preservation or rehabilitation of a total of 46.39%, if PUMP No. 4 is approved, as proposed. When areas of the HASC that are outside of the prior and current PUMP applications (which still existin their native state) are included within the calculations, the potential for preserved or mitigated area is 66.15%. The City will continue to track development and mitigation in HASC areas in future PUMP submittals to ensure that the area to be preserved and/or rehabilitated remain above the 50%requirement. • The applicant is proposing a trail sign adjacent to the BLM Land to the east of the Regional Open Space lot. The applicant should be required to submit a Design Review application for review and approval of the proposed signage. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 22, 2024, 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. D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning and Zoning Commission by two(2)individuals who inquired about: • The location of the existing gas pipeline that generally traverses through the subject property from the northwest to the southeast portion. • The location of Habitat Area of Special Concern(HASC) area within the northwestern portion of the subject property. • The proposed vehicular access locations and whether there would be access over the existing canal. • The possibility of increased crime within the development on previously approved phases of the Valnova development since construction has begun. Page 26 of 34 Valnova PUMP No 4 pzf COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided. A summary of the deliberation can be found at the following link (Granicus time: 00:59:09): https://eagle-id.granicus.com/player/clip/1824 COMMISSION DECISION: The Commission voted 4 to 0 (Wright absent) to recommend approval of PU-03-23 for a Planned Unit Master Plan (PUMP) for Valnova with the following site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. All PUMP No. 4 Master plans, as approved or conditioned for approval, shall be used to evaluate and establish conditions of approval for any and all preliminary plat submittals within the boundary of PUMP No. 4. 2. Comply with all requirements of the Ada County Highway District and the Idaho Transportation Department. All Planning Unit Master Plan maps shall be updated consistent with ACHD & ITD approvals. 3. The applicant shall submit payment to the City for all outstanding fees (planning, engineering, and legal) incurred for reviewing this PUMP, prior to approval of a preliminary plat for the area contained within the boundary of PUMP No.4. 4. No grading shall occur on the site until the applicant has received approval from the City in accordance with the Valnova Grading and Hillside Development Standards. 5. The applicant shall comply with all conditions referenced within the City Engineer's letters referenced below, as required, regarding the following PUMP No. 4 submittals, as summarized in the letter provided by the City Engineer dated December 21,2023. 6. The applicant shall design the joint trench with fiber optic conduit at the time of preliminary plat submittal as is needed to ensure that all development within Valnova can be serviced with fiberoptic internet service as the service becomes available to the area. 7. The applicant shall submit a Design Review application prior to the submittal of an associated final plat application consistent with ECC Section 11A-3 for all signage, landscape, and common areas identified in Exhibit H —Parks, Trails and Open Space Plan dated September 2023, as part of the PUMP No.4 submittal and in accordance with ECC Section 11A-7. 8. The applicant shall be required to place a deed restriction and/or plat note on the Native/Undisturbed areas within the Habitat of Special Concern(HASC)areas identified to be preserved in Exhibit M— Habitat Area of Special Concern Plan (dated September 2023) at the time of the final plat submittal associated with the lots within PUMP No. 4. 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 prior to approval of each final plat. a. Minor disturbance of the HASC areas for the sole purpose of the implementation and use of trails shall be permitted. Any disturbance beyond what is required for the implementation and use of any natural trails shall be rehabilitated by the developer. 9. No development or permits shall be issued outside of the established boundary of PUMP No. 4 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). Page 27 of 34 Valnova PUMP No 4 pof 10. The applicant shall include a reference to the existing Chevron Gas Pipeline on the associated preliminary plat document of the Estate Residential (ER) lot prior to the submittal of a preliminary plat. 11. No development shall be permitted to occur on the Estate Residential(ER)lot within the portion that is located within the Floodplain without the approval of a Flood Plain Development Permit from the City of Eagle. 12. The "natural trail" (red dashed line on Exhibit H, dated September 2023), shall be required to connect with the natural trail that was approved in the previously approved PUMP No. 1 application (PU-01-21). 13. The proposed "community pathway", shown as a ten-foot (10') wide Regional Trail (purple dashed line on Exhibit H, dated September 2023), shall be required to connect with the approved ten-foot (10')wide Regional Trail approved in the adjacent PUMP No. 1 application(PU-01-21). 14. The proposed natural trail and the Regional Trail (Exhibit H, dated September 2023) shall be required to have public access easements. The applicant shall be required to include a reference to the public access easement on the associated plat drawings and submit recorded public access easements for each trail, respectively, prior to the City Clerk signing the final plat associated with these lots. 15. The applicant shall be required to submit a Design Review application for review and approval of the proposed signage and any associated landscape for the proposed trailhead signage as shown on Exhibit J—Environmental Plan,dated September 2023. Page 28 of 34 Valnova PUMP No 4 pzf 16. All land uses and lots shall comply with the following and shall be subject to ECC 11A-2 at the time of preliminary plat approval: PUMP ECC No.4 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, No SWR ROS Trail and Open Space Corridor), and large natural areas Residential planned for dedication as permanent natural open space as Density 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 Valnova Community Association, a land trust or other conservation group or entity. 14.28 acres of Regional Open Space is proposed within PUMP No.4 Estate Residential—Single-Family Detached: Single-family detached units.Minimum lot area of 0.30- SW ER acres. 2 units per acre 1 ER unit is proposed within PUMP No. 4 SWR=Southwestern Residential Planning Area 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. Page 29 of 34 Valnova PUMP No 4 pzf 6. Wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. Any homes proposed to be serviced by septic systems shall be identified on the plat and a letter of approval from Central District Health shall be required prior to the City Engineer signing the final plat. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 11A-13D-1-9(C),which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to, landscaping,fencing,lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal, or drain,used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. Page 30 of 34 Valnova PUMP No 4 pzf 11. Street light plans shall be submitted and approved as to the location, height and wattage to City Staff at the time of Design Review application submittal. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, including fiberoptic internet conduit, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 16. An approval letter from the Fire District who has jurisdiction over the platted area shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the applicable fire department officials: a. The applicant has made arrangements to comply with all requirements of the Fire District who has jurisdiction over the platted area. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Fire District who has jurisdiction over the platted area prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Fire District who has jurisdiction over the platted area prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Fire District who has jurisdiction over the platted area prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all preserved and mitigated habitat areas, common areas, storage facilities,recreational facilities,street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the fmal 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. Page 31 of 34 Valnova PUMP No 4 pzf 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 Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway Development Commission prior to approval of the final plat by the City Council. 21. Conservation,recreation and river access easements(if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The applicant shall obtain written approval of the development relative to the effects on the floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 11A "Land Subdivisions"until the final plat has received the approval of the City Council(ECC 11A-13F-5(A)(2)). 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners,City Engineer, and City Clerk. Page 32 of 34 Valnova PUMP No 4 pzf 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed Planned Unit Master Plan (PUMP) No. 4 (PU-03-23) and based upon the information provided concludes that the proposed PUMP application is in accordance with the City of Eagle Title 11 A (Planned Developments): 1. The facts submitted with the application and presented establishes that: a. The PUMP substantially conforms with the PADA and subsequent amendments to date; this Title; 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; b. The PUMP does not propose nor require any new streets or thoroughfares. The access for the proposed residential lot is suitable and adequate to carry anticipated traffic which will not generate traffic in such amounts as to overload the street network; c. The PUMP does not propose any commercial/non-residential development; d. 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. 2. 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 is provided herein. Page 33 of 34 Valnova PUMP No 4 pzf DATED this 5th day of February 2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho `' C 45:ZA(7 LZD1 // Trent Wright,Chairman RAT'; racy E. ,Eagle City C1er1 C); 41. ••; �c • o :v �•o L gip : 4( • SAP .• •. . - ♦• •,(Y)RIK)F �• �. Page 34 of 34 Valnova PUMP No 4 pzf