Findings - PZ - 2024 - PU-2024-01 - Valnova - Planned Unit Master Plan (PUMP) No. 5 for Valnova BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A PLANNED UNIT MASTER PLAN )
(PUMP)NO. 5 FOR VALNOVA FOR )
GWC CAPITAL,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PU-2024-01
The above-entitled Planned Unit Master Plan (PUMP) application came before the Eagle Planning and
Zoning Commission for their recommendation on November 4, 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:
Clyde Capital Group is requesting approval of Planning Unit Master Plan No. 5 for the Valnova
Planned Development (formerly known as Spring Valley). Planning Unit Master Plan (PUMP)
No. 5 consists of 1,936.82-acres of land within the Northern Residential and Big Gulch Planning
Areas and is proposed to include 1,674 residential units, 824.96-acres of open space including
community, neighborhood and pocket parks, community trails, 300,000 square feet of non-
residential Neighborhood Center uses, and a potential 18-hole golf course, pursuant to the uses
outlined within Eagle City Code Title 11A and in accordance with the amended and restated
development agreement associated with the Valnova Development. The 1,936.82-acre site is
generally located 7,500-feet east of State Highway 16 at West Roseway Lane.
B. APPLICATION SUBMITTAL:
This application was submitted on February 8, 2024. Additional application mat jrials were
submitted on May 8, 2024. A re-submittal occurred on July 10, 2024. A final partial re-submittal
was made on October 17,2024.
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 September 20, 2024. Notice of this public hearing was mailed to property owners
within three-hundred feet (300') of the boundary of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 17, 2024.
Requests for agencies' reviews were transmitted on February 15, 2024, in accordance with the
requirements of the Eagle City Code.
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Due to the originally scheduled (October 7, 2024) Planning and Zoning Commission meeting
being cancelled, this application was re-noticed for the October 21, 2024 Planning and Zoning
Commission meeting. 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 October 4, 2024. Notice of this public hearing was
mailed to property owners within three-hundred feet (300') of the boundary of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on October 2, 2024. The site was posted on October 3, 2024. The official affidavit of site
posting from the applicant was returned to the city on October 3, 2024, a minimum of 7-days
prior to the hearing on October 2, 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).
• 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).
• On March 12, 2024, the City Council approved Planning Unit Master Plan (PUMP)
No. 4 for Valnova which consists of 24.2-acres of land; (1) Estate Residential lot (9.92-acres)
and(14.28-acres designated as Regional Open Space(PU-03-23).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Comprehensive Zoning Designation: Land Use:
Plan Designation: •
Existing Foothills Residential R-1-DA Vacant Land/Natural Open Space
•
Proposed Foothills Residential R-1-DA 45.32-acres MF1 (Medium Density
(No Change) (No Change) Multi-Family)
39.45-acres SFSL(Single Family
Special Lot)
99.26-acres SF3 (Single Family 3)
774.59-acres SF2 (Single Family 2)
31.49-acres ROS (Regional Open
Space)
794.37-acres COS (Community
Open Space)
North of site Foothills Residential RP(Rural Preservation— Vacant Land/Natural Open Space
(Ada County Ada County Designation)
Designation)
South of site Foothills Residential R-1-DA Future Valnova PUMP No.1
MF 1 (Medium Density Multi-
Family)
SFA(Single Family Attached)
SFSL(Single Family Special Lot)
SF3 (Single Family 3)
SF2 (Single Family 2)
ROS (Regional Open Space)
COS (Community Open Space)
Future Valnova development
East of site Foothills Residential R-1-DA
Vacant Land/Natural Open Space
West of site Foothills Residential RR(Rural Residential— Rural Residential/Large Lot Single
Ada County Designation) Family
RP(Rural Preservation—
Ada County Designation)
G. DESIGN REVIEW: Subject to ECC 11A-3 -Valnova Design Review
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H. GENERAL PUMP No. 5 DATA/DESIGN:
1. PUMP No.5 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: 1,714.33 acres
Current Remaining Acreage in Valnova: 4,302.67 acres
Proposed Total Acreage in PUMP No. 5: 1,936.82 acres
• Proposed Residential Acreage in PUMP No. 5: 1,110.96 acres
• Proposed Non-Residential Area in PUMP No. 5: 35.43 acres
• Proposed Open Space in PUMP No. 5: 825.86 acres
a. Southwestern Residential PA Acreage*:
Total Acreage of SWR PA in Valnova: 419.00 acres
Previously Approved Acreage in SWR PA: 415.30 acres
Current Remaining Acreage in SWR PA: 3.70 acres
Total Proposed Acreage of SWR PA in PUMP No. 5: 0.00 acres
• Proposed Residential Acreage: 0.00 acres
• Proposed Non-Residential Area: 0 square feet
• Proposed Open Space Acreage: 0.00 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. 5: 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. 5: 1,809.02 acres
• Proposed Residential Acreage: 1,049.71 acres
• Proposed Non-Residential Area: 26.89 acres
• Proposed Open Space Acreage: 759.31 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. 5: 127.80 acres
• Proposed Residential Acreage: 61.25 acres
• Proposed Non-Residential Area: 8.54 acres
• Proposed Open Space Acreage: 66.55 acres
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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. 5: 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. 5 application—Exhibit Dl, dated October 2024
2. PUMP No.5 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'
• Maximum Number of Base Density Units 3,008 units max.
• Maximum Number of Bonus Density Units 4,152 units max.+
Previously Approved Units in Valnova: 2,200 units
Current Remaining Units in Valnova: 4,961 units,max.++
Number of Proposed Units in PUMP No. 5: 1,674 units
Maximum Allowable Density for Valnova: 1.19 du/ac,max.
Current Total Development Density in Valnova: 1.06 du/ac
Proposed PUMP No. 5 Density: 0.86 du/ac
+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: 450 units
Current Remaining Units in SWR PA: 0 units
Proposed Units in SWR PA in PUMP No. 5: 0 units
Maximum Allowable SWR PA Density: 1.07 du/ac,max.
Current SWR PA Density(approved du/approved PA ac):1.08 du/ac
Total SWR PA Density(approved du/total PA ac): 1.07 du/ac
Current PUMP No. 5 SWR PA Density: 0.00 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. 5: 0 units
Maximum Allowable PA Density: 0.96 du/ac,max.
Current SR PA Density(approved du/approved PA ac): 0.25 du/ac
Total SR PA Density(approved du/total PA ac): 0.09 du/ac
Current PUMP No. 5 SR PA Density: 0.00 du/ac
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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. 5: 1,261 units
Maximum Allowable NR PA Density: 2.14 du/ac,max.
Current NR PA Density(approved du/approved PA ac): 0.25 du/ac
Total NR PA Density(approved du/total PA ac): 0.61 du/ac
Current PUMP No. 5 NR PA Density: 0.70 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. 5: 413 units
Maximum BG PA Density: 5.24 du/ac,max.
Current BG PA Density(approved du/approved PA ac): 3.97 du/ac
Total BG PA Density(approved du/total PA ac): 2.44 du/ac
Current PUMP No. 5 BG PA Density: 3.23 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. 5: 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)
*As proposed within the PUMP No. 5 application—Exhibit Dl, dated October 2024
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3. PUMP No.5 Bonus Density Allocation:
(See 1.4 "Planning Concept"and Table 1:Project Summary in the Development Agreement)
a. Valnova Totals*:
Maximum Allowable Units in Valnova: 7,160 units max.,total+
• Maximum Number of Base Density Units 3,008 units max.
• Maximum Number of Bonus Density Units 4,152 units max.+
Previously Approved Units in Valnova: 2,200 units
Number of Proposed Units in PUMP No. 5: 1,674 units
Current Remaining Units in Valnova: 3,286 units,max.++
a. Base Density*:
Maximum Base Density Units in Valnova: 3,008 units
Base Density Units Consumed in prior PUMPs: 1,140 units
Remaining Base Density Units in Valnova: 1,868 units,max.
b. Community Open Space(COS)*:
Total COS Bonus Units Allowed in Valnova: 161 units
COS Bonus Units Earned in PUMPs: 0 units
COS Bonus Units Consumed in PUMPs: 0 units
Remaining COS Units in Spring Valley: 161 units,max.
c. Regional Open Space(ROS)*:
Total ROS Bonus Units Allowed in Valnova: 880 units
ROS Bonus Units Earned in prior PUMPs: 548 units
ROS Bonus Units Proposed in PUMP No. 5: 0 units
Total ROS Bonus Units Earned to Date: 548 units
ROS Bonus Units Consumed in prior PUMPs: 0 units
Banked ROS Units in Valnova: 548 units
Remaining ROS Bonus Units to Earn in Valnova: 332 units,max.
d. Community Center(CC)*:
Total CC Bonus Units Allowed in Valnova: 220 units
CC Bonus Units Earned in prior PUMPs: 0 units
CC Bonus Units Consumed in prior PUMPs: 0 units
Remaining CC Units in Valnova: 220 units,max.
e. Neighborhood Center(NC)*:
Total NC Bonus Units Allowed in Valnova: 2,240 units
NC Bonus Units Earned in prior PUMPs: 1,448 units
NC Bonus Units Earned in PUMP No. 5: 792 units
Total NC Bonus Units Earned to Date: 2,240 units
NC Bonus Units Consumed in prior PUMPs: 1,059 units
Banked NC Units in Valnova: 2,240 units
Remaining NC Units to Earn in Valnova: 0 units,max.
f. Open Space Funding(OSF)*:
Total OSF Bonus Units Allowed in Valnova: 651 units
OSF Bonus Units Earned in prior PUMPs: 0 units
OSF Bonus Units Consumed in PUMPs: 0 units
Remaining OSF Units in Valnova: 651 units,max.
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• 244.80-acres of Neighborhood Center area have been consumed for the property. Upon
approval of PUMP No. 5, 15.2-acres of Neighborhood Center area remain for future use,
but not Neighborhood Center Bonus Density Units are eligible to be allocated to the
project.
• 2,815 Base Units and 1,059 Bonus Units (associated with the implementation of a
Neighborhood Center) have been consumed for the property upon approval of
PUMP.No. 5.
• 1,189 Bonus Units (associated with the implementation of Neighborhood Centers and
Regional Open Space) are unused. These units shall carry over into future PUMP
applications for future use.
*As proposed within the PUMP No. 1 application—Exhibit Dl, dated October 2024
+Including all applicable bonus densities or if developed pursuant to the D.A.
4. PUMP No. 5 Open Space Overall*:
(See 2.6(a) "Master Parks, Trails, and Open Space Plan"in the Development Agreement)
Previously Approved Open Space in Valnova: 1,203.45 acres
Previously Approved Open Space%in Valnova: 70.2%
Open Space%Required in Valnova: 20%min.
Open Space%Goal in Valnova 40%
Regional Open Space Proposed in PUMP No. 5: 31.49 acres
Community Open Space Proposed in PUMP No. 5: 860.92 acres
Open Space%Proposed in PUMP No. 5: 46.1% (of 1,936.82 ac.)
a. Southwestern Residential PA Open Space*:
Previously Approved Open Space in SWR PA: 255.61 acres
Previously Approved Open Space%in SWR PA: 61.55%
Required Minimum PA O.S.: 15%
Proposed Within PUMP No.5:
Proposed Total Open Space in SWR 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 SWR PA: 0.0%
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. 5:
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%
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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. 5:
Proposed Total Open Space in NR PA: 759.31 acres
• Regional Open Space in SWR PA: 31.49 acres
■ Community Open Space in SWR PA: 727.82 acres
%of Developable Acres Proposed in NR PA: 42.0%
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. 5:
Proposed Total Open Space in BG PA: 66.55 acres
• Regional Open Space in SWR PA: 0.00 acres
• Community Open Space in SWR PA: 66.55 acres
%of Developable Acres Proposed in BG PA: 52.1%
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. 5:
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. 5 application—Exhibit Ll, dated October 2024
5. PUMP No. 5 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: 757.53 acres
Total Post-Mitigation Acreage within Prior PUMPs: 354.66 acres
Current Preservation/Mitigation%: 46.82%
Total Current Preservation/Mitigation% 64.90%
Total Pre-Mitigation Acreage in PUMP No. 5: 0.00 acres
Total Post-Mitigation Acreage in PUMP No. 5: 0.00 acres
(14.91 acres/25.12 acres) 0.00%of PUMP No. 5
*As proposed within the PUMP No. 5 application
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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. 5 application on February 8, 2024, as Exhibit A7 and Exhibit A8. 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 July 10, 2024, and
the applicants Planning Unit Master Plan No. 5 Exhibit Dl — Land Use Plan, dated October
2024.
K. PHASING PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Phasing
Plan is addressed in the applicant's narrative received by the City on July 10, 2024, and the
applicants Planning Unit Master Plan No. 5 Exhibit E—Phasing Plan, dated July 2024.
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 July 10,
2024, and the applicants Planning Unit Master Plan No. 5 Exhibit F - Street and Circulation Plan,
dated October 2024.
The Ada County Highway District (ACHD) issued a letter dated March 18, 2024. The applicant
provided a Traffic Impact Study (TIS), dated September 24, 2021, prepared by Kittleson and
Associates to Idaho Transportation Department(ITD). ITD issued an email dated March 5, 2024.
Both are attached herein.
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 July 10,
2024, and the applicant's Planning Unit Master Plan No. 5 Exhibit G — Master Potable Water
Plan, dated June 2024.
The City Engineer issued a letter of approval on October 16,2024, which is attached herein.
N. WASTEWATER MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Wastewater
Facilities Master Plan is addressed in the applicant's narrative received by the City on July 10,
2024, and the applicant's Planning Unit Master Plan No. 5 Exhibit H— Wastewater Plan, dated
June 2024.
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O. DRAINAGE MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the Drainage
Master Plan is addressed in the applicant's narrative received by the City on July 10,2024 and the
applicant's Planning Unit Master Plan No. 5 Exhibit I—Master Drainage Plan, dated June 2024.
All development within Valnova PUMP No. 5 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 July 10,
2024, and the applicant's Planning Unit Master Plan No. 5 Exhibit J — Master Pressurized
Irrigation Plan,dated June 2024.
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 July 10, 2024,
and the applicant's Planning Unit Master Plan No. 5 Exhibit N — Master Power and Gas Plan,
dated June 2024.
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 July
10, 2024, and the applicant's Planning Unit Master Plan No. 5 Exhibit Ll — Parks, Trails, and
Open Space Plan,dated July 2024.
Exhibit L1 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
July 10, 2024and the applicant's Planning Unit Master Plan No. 5 Exhibit L2 — Open Space
Adjacency Plan,dated July 2024.
T. ENVIRONMENTAL DESIGN MASTER PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the
Environmental Design Plan is addressed in the applicant's narrative received by the City on July
10, 2024, and the applicant's Planning Unit Master Plan No. 5 Exhibit M — Environmental
Design Plan,dated July 2024.
U. CONSTRAINED LANDS PLAN:
The applicant's justification of the PUMP's compliance with the requirements of the
Environmental Design Plan is addressed in the applicant's narrative received by the City on July
10, 2024, and the applicant's Planning Unit Master Plan No. 5 Exhibit C—Slope Analysis, dated
July 2024.
V. HABITAT AREA OF SPECIAL CONCERN PLAN:
The applicant did not submit a habitat of special concern (HASC) exhibit for PUMP No. 5 since
no portion of the PUMP No. 5 application contains habitat of special concern, pursuant to the
requirements of the development agreement.
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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 July 10, 2024, and
the applicant's Planning Unit Master Plan No. 5 Exhibit K—Master Public Facilities Plan, dated
July 2024.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached:
• City Engineer
• Ada County Highway District
• Idaho Department of Environmental Quality
• Eagle Fire District
• Eagle Sewer District
• Historic Preservation Commission
• Idaho Transportation Department
• Star Middleton Fire Protection District
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;
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.
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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 2nd 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.
• 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;
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(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.
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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 Non-
Residential 245 100 40 - 17 88
Open Space(Afros)
Minimum Open
Space(15%)per
Planning Area 902 95 I 414 1 317 63 13
Required Open
Space for Spring
Valley(20%)-Acres 1203
Total Open Space
Goal for Spring
Valley(40%)-Acres 2406
Density{units/acre)
Base Density
(Density&Units) 3008 0,5 318 0.5 1360 0.5 ?057 0.5 209 0.5 44
Bonus Density Open Space
Community Open
Space(0.5 unit per
acre above 20%
requirement
throughout Spring
Valley)(Acres a
Units) 322 161
Regional Open
Space (1.0 unit per
acre above 20%
requirement
throughout Spring
Valley)
(Acres&Units) 880 880
SUBTOTAL UNITS 4049
Bonus Density-Centers
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Table 1:Project Summary
Planning Areas
South-
Northern Southern western Highway
Spring Valley Big Gulch Residential Residential Residential Mixed Use
Community Center -
(2.5 unitalacre)
{Acres 8 Units) 88 2201 — 88 220
Neighborhood
Center{10
units/sere)
(Acres&Units) 240 2240 120 1200 80 800 24 249
1
1
SUBTOTAL UNITS 6509 1548 l-2331 1917 449 264
Bonus Density Open Space
Funding Mechanism
(10%i-Units $51
TOTAL UNITS 7160
Maximum Planning Area Density
Maximum Planning
Area Density
(Density&Units) • 5.24 3335 2.14 5917 .96 2109 1.07 150 5.68 500
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 11A of Eagle City
Code. If the Planning Unit Master Plan is substantially in conformance with this Agreement and
Title 11A of Eagle City Code, the Planning & Zoning Commission and City Council shall not
unreasonably withhold approval.
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
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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.
(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
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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.
(g) Private Roads: All private roads and/ or rights- of-way within the Property shall be
constructed by Developer to ACHD and/ or ITD, as applicable, standards and maintained by
Developer and/or an Owners' Association. Developer reserves the right to seek approval to
limit access through access control structures, to private roads within the Property, and to
determine the location of curb cuts, provided a qualified engineer determines that their
location does not present a significant hazard. Developer shall have the right to retain
ownership of private roads and/or rights-of-way. Some or all of private roads and/or rights-
of-way may be conveyed to one or more Owners' Associations. Developer may seek City
approval to install access control structures within the medians of the private roads and/ or
rights-of-way at any portion of the Property. Developer shall grant to the appropriate service
providers license for police, fire, ambulance, garbage collection, water or sewer line
installation and repair, and other similar public purposes, over such private roads and/ or
rights- of-way. Application for private streets shall be made to City as allowed under Title 11
of Eagle City Code.
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
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provided, including a source of supply consistent with Sections 2.2(a) and 2.3 below. Any
irrigation system shall meet the requirements of Eagle City Code Title 11. If Developer so
requests, City will give good faith consideration to establishing a city irrigation system
pursuant to Title 50, Chapter 18, Idaho Code, or otherwise, to deliver irrigation water to the
Project. If City decides not to establish a city irrigation system, Developer may establish or
contract with an irrigation or other special district, a canal company, or similar entity to serve
the Project's irrigation needs consistent with the provisions of this Section. Nothing in this
section shall limit water delivery from City to Developer at a wholesale rate during those times
when such water is available under the Municipal Water Right if it is not needed to serve other
municipal water needs in the Project, and Developer has not yet constructed the facilities or
generated the re-use or other irrigation water necessary to serve such needs.
2.3 Wastewater Treatment and Disposal:
(a) Eagle Sewer District: Sanitary sewer collection, treatment and disposal shall be provided
by Sewer District or some other legally constituted public or private provider allowed to
operate in City. Developer agrees to annex to Eagle Sewer District and further agrees not to
seek other sewer treatment services unless or until Eagle Sewer District refuses to serve the
Project. City shall not be responsible for any treatment, maintenance or costs associated with
sanitary sewer collection,treatment and disposal in connection with the Project.
(b)Master Wastewater Study;Master Wastewater Plan: Developer has completed the Master
Wastewater Study and Master Wastewater Plan which has been submitted to Eagle Sewer
District for approval. The Master Wastewater Plan, to be developed based on the Master
Wastewater Study provides general locations of the major wastewater infrastructure needed
to provide service for the Property.
2.4 Storm Water Drainage:
(a) Ada County Highway District: Post-development storm water management includes
drainage collection, diversion, detention, retention, dispersal, use and discharge, which shall
be provided by ACHD or some other legally-constituted public or private provider allowed to
operate in City and having jurisdiction over the Drainage System. Unless City has such
jurisdiction, City shall not be responsible for any approval, construction, collection,
conveyance or maintenance costs associated with the Drainage System within the Project.
(b) Master Drainage Study; Master Drainage Plan: Developer shall complete the Master
Drainage Plan, based on the Master Drainage Study to describe pre-development drainage
characteristics of the Property and a conceptual hydrologic and hydraulic analysis of the
Property's existing and proposed Drainage System. In connection with such Master Drainage
Plan, Developer determined the applicable 100-year floodway elevations for the Property and
shall obtain from FEMA a Conditional Letter of Map Revision ("CLOMR") that adjusts the
floodway boundaries. City shall use all good faith efforts to cooperate with Developer in
connection with any of Developer's applications to FEMA to modify relevant flood maps to
reflect actual conditions.
2.5 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
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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
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.
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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
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
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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:
ta) Applicable Rules: The ordinances, rules, regulations, permit requirements, development
fees, other infrastructure fees, exactions, other requirements, and/or official policies however
denominated, applicable to and governing the development of the Property shall be those that
are existing and in force as of the Date of Application, as may be mutually amended by
amendment to this Agreement; provided, however, notwithstanding anything to the contrary
herein, Titles 8 and 9 of Eagle City Code are not applicable to 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.
EXIBHIT D2—2: NORTHERN PLANNING AREA: USES/DESIGN:
The Northern Residential Planning Area will primarily consist of single- family neighborhoods
with densities ranging from 1- 10 units/ acre, and multi- family neighborhoods with densities of
4- 20 dwelling units/ acre. The multi- family neighborhoods will be located adjacent to the main
collector roads serving the Planning Area. Approximately 97% of the homes will be single-
family detached or attached and approximately 3% of the homes will be multi-family. Two
Neighborhood Centers totaling 80 acres may be located at the intersection of collector roadways
and are planned for grocery stores, neighborhood services, restaurants, automotive services, dry
goods, and neighborhood offices for professional, medical and dental services, community
amenities, and a range of residential types. Commercial buildings will be placed in appropriate
locations to provide buffering for residential uses.
Land use intensity will generally decrease from south to north as development moves away from
the Big Gulch Planning Area toward the northern, eastern and western boundaries of the Planning
Area. Custom lots or neighborhoods with an average density of 1 unit per acre, which may be
achieved through clustering, will be located at the northern perimeter of the Planning Area. This
zone will provide a transition between the low-density neighborhoods within the Planning Area
and the adjacent lands outside of Spring Valley that are currently rural and generally
undeveloped. This transition generally occurs within 300 to 1, 000 feet of the boundary of Spring
Valley.
Clustered housing designs and placement of homes and other structures on individual lots will be
carefully integrated into the topography, and the City- approved Grading Guidelines and Hillside
Development Standards will be used as appropriate. Homes will be located on moderate slopes
with many steeper, non- graded slopes left as Open Space. Design guidelines will be enforced
through the Owners'Association and recorded Covenants, Conditions and Restrictions, as well as
through Title 11 of Eagle City Code.
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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.
11 A-7-3: OWNERSHIP REQUIREMENTS:
The PUMP application shall be filed in the name or names of the recorded owner or owners of
property included in the development. However, the application may be filed by the holder(s) of
an equitable interest in such property.
Documentation showing the approval by the Master Developer shall be presented at the time of
application submittal.
11A-7-4: PLANNING UNIT MASTER PLAN(PUMP)APPLICATION REQUIREMENTS:
A. A PUMP shall be prepared for each Planning Area as defined in the PADA, or a portion of a
Planning Area, detailing substantial conformance with Exhibits D,D1,D2,D3,D4,D5 and E
of the PADA which includes but is not limited to the general location and size of
development parcels; uses and density ranges for each parcel compared to the maximum
allowed density and units with the planning area; circulation system by road classification
and the use of private roads; backbone water, wastewater, drainage and irrigation facilities;
locations for public facilities; amenities, trails and acres of open space and habitat area; and
landscape character.
A PUMP application shall be submitted to the Administrator for review and approval by the
City.
The applicant shall meet with the Administrator prior to the submission of the PUMP. The
purpose of this meeting is to discuss informally the proposed PUMP and to inform the
applicant of the applicable regulations.
B. The Zoning Administrator shall refer the PUMP application to as many governmental
agencies as deemed necessary. The Zoning Administrator shall provide that any transmittal
will be returned within fifteen(15)days. Such agencies may include the following:
1. Other governing bodies having joint jurisdiction;
2. The appropriate utility companies, irrigation companies or districts and drainage
districts;
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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.
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.
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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
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.
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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
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.
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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.
f) 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.
11. Environmental Design Plan
a) Landscape—An exhibit or exhibits showing landscape areas that will use upland or
riparian landscape palettes included in Title 11 A 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 1 1 A 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.
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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 11 A Chapter 13 of Eagle City Code.
11A-13C-2-5: PRIVATE STREETS:
Private streets and private alleys may be permitted, subject to the following:
A. Compliance: The city council must find that all proposed private streets or private alleys are
in compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets and or private alleys will serve to enhance the overall development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking is pfovided.
3. Adequate access for service and emergency vehicles is provided where needed.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets and private alleys do not
connect one public street to another, thereby encouraging travel through the
development served by the private street; provided, however, that in order to provide
secondary access, a private street may have more than one connection to a
public street and/or may be connected to more than one public street if access thereto is
controlled by automatic gates or other control devices approved by the council.
7. The use or alignment of the private streets or alleys do not interfere with the continuity
of public streets.
8. An appropriate mechanism has been established for the repair and maintenance of
the private streets and alleys,including provisions for the funding thereof.
9. Private streets shall provide access to no more than twenty percent (20%) of the lots
within Spring Valley.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private streets and private alleys shall be designed and constructed in accordance
with Ada County Highway District's standards for streets and alleys unless modified
within this section or approved by the city council.
2. Sidewalks shall be required in accordance with subsection 11A-13D-1-6F of this
chapter. However, alternative sidewalk and landscape strip designs may be approved
by the city council based upon a finding made by the council that characteristics and
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qualities of the development justify the alternate design. Sidewalks and planter strips,
as referenced within subsection 11A-13D-1-6F of this title, shall not be required along
alleys.
3. All private streets shall contain paved travel lanes a minimum of twelve feet (12') in
width and private alleys shall contain paved travel lanes a minimum of ten feet(10') in
width. Private streets shall provide for the safe, convenient, and effective movement of
both vehicular and pedestrian traffic. Private alleys shall provide for the safe,
convenient, and effective movement of vehicular traffic. Vertical curbing shall be
provided for private streets that are less than thirty-four feet (34') in width and on all
arterial streets and on all collector streets that do not have front on housing. Alleys may
utilize other curb types in accordance with subsection 11A-13D-1-3 of this chapter.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including,but not
limited to, designated parking and "no parking" areas, speed, stop, and such other signs
as are required for safe pedestrian and vehicle travel.
5. All private streets and private alleys shall, during the progress of construction, be
inspected and tested, at the expense of the owner or developer, by a qualified inspector
in order to ensure compliance with the construction and design standards set forth in
this chapter, the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such inspections
and tests shall be submitted, together with a certification of such compliance, for the
review and approval by the city engineer.
6. All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 11A-13C-2-
1G of this article and subject to the approval of the fire district with jurisdiction and
city engineer and provided further that proper maintenance of the island is provided
for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the fire
district with jurisdiction and the city engineer;or
c. Such other turnaround area as may be approved by the fire district with jurisdiction,
city engineer, and city council.
d. Private streets and private alleys not exceeding one hundred fifty feet (150') may
terminate with no turn-around if approved by the fire district with jurisdiction.
e. For private alleys, emergency access/connections may be made beyond the one
hundred fifty feet (150') maximum length allowing the connection of a dead
end private alley to an adjacent dead end private street or private alley utilizing
materials such as concrete, pavers, grass pavers, or other like materials deemed
acceptable to support emergency vehicles and as approved by city council and the
fire district with jurisdiction. Any emergency access/connections that direct
emergency vehicles through a pedestrian space such as a courtyard, plaza, pathway,
or sidewalk shall be clearly signed to identify through traffic access patterns for use
by emergency vehicles only. Any private alley exceeding one hundred fifty feet
(150') shall provide an adequate turnaround for service vehicles without the use of
the emergency access/connection.
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7. The design of all private streets and private alleys and related storm drainage facilities
shall be prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of preparation
of the design. Construction drawings, together with a certification of such conformity,
shall be submitted for the review and approval by the city engineer. No part of this
chapter shall be construed as allowing a private street or private alley that is not in
conformance with current engineering and design standards.
8. If any provision of this chapter is found to be in conflict with any other applicable
provision of this chapter, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the city
council.
9. Curb and gutter shall be required in accordance with subsection 11A-13D-1-3 of this
chapter.
10. For all private alleys providing fire apparatus access, the minimum centerline radius
and the interior radii shall be approved by the fire district with jurisdiction. For all
other private alleys, the minimum centerline radius and interior radii shall follow good
engineering practice and shall consider access for service vehicles.
11. Driveways connecting to alleys shall be three to five feet(3'-5')or nineteen feet(19')or
more to discourage parking parallel to the alley travel way and end-in parking that
encroaches into the travel way. In all cases, a backout distance of twenty-six feet (26'),
as measured from garage door from one side of the alley to the garage door on the
opposite side of the alley, shall be maintained. Designated parking outside of the travel
lanes shall also be allowed in alleys where space and proper design allow and in
accordance with 11A-5-4-2 of this title.
12. Private alleys may be allowed to serve as the sole means of vehicular access to a
residential dwelling in instances where a pedestrian pathway within a common lot or an
easement is designed to provide secondary access to the front of the residential
dwelling.
13. Where private alleys provide the sole means of vehicular access to a residential
dwelling, clear address wayfinding signage shall be located throughout the subdivision
for use by emergency services and individual building addresses shall be included
adjacent to each garage door within the alley or as approved by the fire district with
jurisdiction.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of
the private street,private alley, and drainage facilities for the period of the expected
lifetime thereof and a cost estimate therefor prepared by a licensed professional
engineer in the state, together with a proposed method for funding the same, including,
but not limited to, the creation and maintenance of a reserve fund for that purpose, shall
be submitted with the final plat application for review and approval by the city engineer
and city council.
2. The location of private streets and private alleys shall be clearly depicted on the face of
the plat and notes shall be included on the face of the plat which shall:
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a. Act to convey to each lot owner within the subdivision to be served by
the private streets or private alleys the perpetual right of ingress and egress over the
described private streets or private alleys;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of
the private streets or private alleys cannot be modified and the
homeowners'/property owners' association or other entity cannot be dissolved
without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private streets or private alleys
shall be recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private streets or private alleys in
accordance with the approved plan as provided for in subsection Cl of this section. Said
restrictive covenant shall also provide that the said covenant shall run with the land and
that the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private streets or private alleys approved in
accordance with the provisions of this chapter to undertake such repair and maintenance
activities as it may determine is necessary to protect the public health, safety, or welfare
and make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any
such private street, be deemed to have agreed to comply with any such order and to
reimburse the city all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the council pursuant to this subsection
may be enforced by a court of competent jurisdiction and the city shall be entitled to
recover its costs and attorney fees incurred in connection therewith.
D. Conformity to Applicable PUMP: All private streets and private alleys shall, in all respects,
conform to all applicable PUMPs.
E. Waiver: The city council may waive or modify any of the standards or requirements of this
section when the private streets or private alleys have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the
overall development; provided, however, that any such waiver shall not be injurious to
public health or safety. (Ord. 710, 1-14-2014; amd. Ord. 884, 9-27-2022; Ord. 889, 1-10-
2022)
D. DISCUSSION:
• Portions of the previously approved PUMP No.1 and the currently evaluated PUMP No. 5
applications contain portions of land under the jurisdiction of each the Eagle Fire District and the
Star/Middleton Fire District,respectively. The current fire district boundary in this location of the
property is drawn along section/township lines and do not correspond to feasible development
pattens within the foothills nor to the proposed land use pattern. As a result, the current fire
district boundary lines would bisect proposed residential lots and future subdivisions meaning
that individual residential lots would eventually be serviced by both fire districts. City staff, the
applicant, Eagle Fire Chief Tyler Lewis and Star/Middleton Fire Chief Greg Timinsky met on
June 26, 2024, to discuss the concerns of having individual residential lots serviced by two fire
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districts and how this concern can be resolved. It was discussed in that meeting that the two fire
districts would work through a process of re-determining the fire district boundaries in this area
of the City through a process of de-annexing portions of the development from one fire district
and into another. As a result, the applicant submitted an exhibit (Exhibit D3 - Fire District
Boundary Exhibit) that proposes re-drawn district lines along the boundaries of both PUMPs No.
1 and No. 5. Both Eagle Fire and Star/Middleton Fire District have provided response to this
proposal stating that they are generally in agreement with the new district lines. If approved, the
applicant should work with the two fire districts to adjust the fire district boundary lines, as
shown in the included exhibit. The de-annexation/annexation process to adjust the fire district
boundary lines would ideally be completed prior to the to the City Clerk signing the final plat for
each phase of development where jurisdictional authority by a fire district is impacted by the
adjusted district boundary lines, but ultimately the applicant will have not ability to require the
fire districts to complete this task without their assistance. The City would still encourage the
applicant to diligently work with both fire districts on this matter as the final plats for this phase
of development are contemplated. The applicant should be required to submit a letter requesting
de-annexation/annexation of the portions of the property shown in Exhibit D3, or as the fire
districts agree, to each fire district or provide the City evidence of the completion of the de-
annexation/annexation process having already been completed at the time of the submittal of a
final plat application for each phase of development where jurisdictional authority by a fire
district is impacted by the adjusted district boundary lines.
• Exhibit D2 —2 of the executed development agreement states "approximately 97% of the homes
[in the northern planning area] will be single-family detached or attached and approximately 3%
of the homes will be multi-family."The applicant is proposing 217 MF1 (Medium Density Multi-
Family) lots within the Northern Planning Area in this PUMP No. 5 application. (No prior PUMP
applications have been approved with any multi-family residential units in the Northern Planning
Area). The 217 MF1 lots proposed within PUMP No. 5 would account for 13% of the total
Northern Planning Area units to date (217/1,664 total units) which exceeds the approximate 3%
total pursuant to the language of the development agreement. Table 1: Project Summary within
the development agreement (pg. 11) states that the maximum allowable residential units within
the Northern Planning Area could total 5,917 units. If that number were realized, the 217
proposed MF 1 units would account for 3.67% of the total possible residential units. It is not
anticipated that the Northern Planning Area will be realized with the total possible 5,917 units nor
would that achieve the maximum 3%allowance for multi-family residential units, as stated within
the development agreement. The applicant's narrative states that while the 217 MF 1 units are
located within the Northern Planning Area, that they will solely be accessed from the Big Gulch
Planning Area and Valnova Parkway(Foothills Collector designation); no vehicular access would
occur that provides access from the MF1 lots directly into the Northern Planning Area. The
developer's intent is to focus density within the portions of the property that are less encumbered
by existing topography and to lessen the densities of the project as the uses transition further
north into the Northern Planning Area. If the Council chooses to approve the 217 MF 1 units
within the Northern Planning, as shown within PUMP No. 5, the 217 MF1 units should be
permitted as designed with vehicular access being provided from Valnova Way. If Council
chooses to deny this proposal, the applicant should be required to amend the PUMP No. 5
application to limit the number of MF1 lots within the Northern Planning Area to be
approximately 3%of the total residential units in the planning area.
• There is a 39.36-acre out parcel (Parcel No. S031444900) in the northern portion of this phase of
the Big Gulch Planning Area that is not owned by the developer of the Valnova project and is
fully encompassed by property owned by the developer of the Valnova project. As construction
of the development progresses and access to that parcel becomes plausible, the developer should
be required to include an access easement to Parcel No. S031444900 to allow for the future
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potential access. Any future access to Parcel No. S031444900 would not be required to be
constructed by the developer of the Valnova project. The access easement providing future
possible access to Parcel No. S031444900 should be included on the plat at the time of the
submittal of preliminary plat application associated with that phase of development.
• The applicant is proposing private streets, as shown within Exhibit F — Master Street and
Circulation, dated October 2024. Eagle City Code Section 11A-13C-2-5 speaks on the
requirements and conditions of private streets within the development and ultimately places the
authority with the City Council to evaluate and approve the design and applicability of the private
streets beyond what city code states. ECC Section 11A-13C-2-5(A)(9) states that private streets
shall provide access to no more than twenty percent (20%) of the lots within [Valnova], unless
the City Council elects to waive or modify the private street standards (ECC Section 11A-13C-2-
5(E).
r. LEGEND �. In this
L _ _ • PUMP No.
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the
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-•.; ',,,..., proposing
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! 11,-. °�'�"� 1,030 units
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(of the total
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i _i 1,674 lots
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—•.;' PUMP No.
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Q F-MASTER STREET AND CIRCULATION streets. To
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' F PLANNING UNIT MASTER PLAN#5 through
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PUMP approvals (PUMPs No. 1 and 4) and if this current PUMP No. 5 application is approved,
the applicant has been/will be approved for a maximum total residential lot count of 5,796
residential units, when considering bonus densities that have been earned, as designated in the
development agreement. The 1,030 residential units proposed to be serviced by private streets
accounts for 17.8% (1,030/5,796) of the total approved lots for the development and 14.3%
(1,030/7,160) of the total possible units within the development, if all bonus densities are
achieved. If approved, the private streets should be submitted for review at the time of the
submittal of a preliminary plat application associated with each phase of development and should
conform to the requirements stated within the development agreement (Section 2.1(g)), Title
11A-13C-2-5,and the approved Traffic Impact Study(TIS),dated May 2021.
• If private streets are approved, as shown within Exhibit F — Master Street and Circulation, dated
October 2024,the applicant should place public access easements over the portions of the private
streets labeled as "Private Road with Public Access", to remain in perpetuity, at the time of the
submittal of a preliminary plat application associated with that phase of development.
• If private streets are approved, as shown within Exhibit F —Master Street and Circulation, dated
October 2024, as shown within the"private roadways"portion of the project, the applicant should
be required to include an access easement for use by emergency services, to remain in perpetuity,
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on all private streets at the time of the submittal of a preliminary plat application associated with
each phase of development that includes private streets.
• If private streets are approved, the applicant should work to establish a funding mechanism to
allow for the continual maintenance of the private streets in perpetuity. The funding mechanism
should be included within the governing documents of the HOA and should be required to be
reviewed and approved by the City prior to the City Clerk signing the first final plat associated
with PUMP No. 5.
• The applicant is requesting approval to include up to nineteen (19) vehicular gates on portions of
the development that will be served by private streets, as shown within Exhibit F —Master Street
and Circulation, dated October2024. Section 2.1(g) Private Roads within the executed
development agreement states, "the developer reserves the right to seek approval to limit access
through access control structures, to private roads within the property ... provided a qualified
engineer determines that their location does not present a significant hazard." If the applicant is
approved by Council to locate vehicular gates at the locations shown, the applicant should be
required to include the proposal to install vehicular gates for that phase of development at the
time of a preliminary plat application associated with that phase of development. The preliminary
plat application should include a letter from a qualified engineer stating that the inclusion of such
gate(s) does not present a significant hazard. If the gate(s) are proposed to be installed after the
approval of the preliminary plat application associated with that phase of development, the
applicant should be required to notify City staff of their intention to erect the gate(s) through the
submission of a letter stating their intent to do so. The submittal of that letter should also include
a letter from a qualified engineer stating that the proposed access controls structures do not
present a significant hazard to the City for review by the City Staff and the City Engineer.
Additionally, any proposed vehicular gate designs should be required to be approved as part of a
Design Review application.
• The Valnova pathways and trails masterplan was evaluated the City of Eagle's Parks Pathways
and Recreation Committee (PPRC) on May 9, 2024. Their memo, including their recommended
conditions of approval, is referenced herein. Unless otherwise conditioned by the City Council,
the applicant should be required to comply with the requirements within the PPRC's memo, dated
May 3,2024.
• The Eagle Fire Department policy states that the development of residential units be limited to a
maximum of thirty (30) residential dwellings until such a time that more than one (1) means of
access that can facilitate clear and unobstructed use by a fire apparatus be provided. To satisfy
this requirement, the applicant should be required to develop no more than thirty (30) residential
dwelling units until a sufficient portion of the street network within PUMP No. 5 is developed to
provide a minimum of two (2) access points in and out of PUMP No. 5 to provide clear and
unobstructed access as approved by the fire jurisdiction with authority over this portion of the
development.
• The applicant is proposing to capture 800 bonus density units associated with the inclusion of the
proposed Neighborhood Centers within the Northern Planning Area, per Exhibit D1 — Overall
Land Use Plan, dated October 2024,pursuant to the allowances within the approved and executed
development agreement, see Table 1: Project Summary.
If PUMP No. 5 is approved as proposed, the approved base density of the Valnova development
should be 5,256 total residential units (3,008 base units + 1,448 approved bonus density units
from PUMP No. 1 + 800 bonus density units from PUMP No. 5) and the overall project base
density should be 0.87 du/ac, until such a time that any future PUMP applications are approved
with additional base density. No further Neighborhood Center bonus densities should be allowed
to be granted in the Northern Planning Area.
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Valnova PUMP No 5 pzfdocx
• Exhibits D2-2 and D2-3 of the development agreement state, "Land use intensity [within the
Northern Planning Area] will generally decrease from south to north as development moves away
from the Big Gulch Planning Area to the northern, eastern, and western boundaries of the
Planning Area. Custom lots or neighborhoods with an average density of 1 unit per acre, which
may be achieved through clustering, will be located at the northern perimeter of the Planning
Area. This zone will provide a transition between the low-density neighborhoods within the
Planning Area and the adjacent lands outside of Spring Valley that are currently rural and
generally undeveloped. This transition generally occurs within 300 to 1,000 feet of the boundary
of Spring Valley. This transition is diagrammatically shown in the development agreement
exhibit below.
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proposed PUMP No. 5 land use plan (D1 —Overall Land Use Plan, dated October 2024) includes
a mix of COS (Community Open Space)and SF2 (Single-Family detached)along the western and
northern portions of the property within the boundary of this PUMP No. 5 application. For
reference,pursuant to Eagle City Code 11A-2-4, Table 2.2, the SF2 lot type includes a minimum
lot size of 6,000 square feet. In initial reviews of the application, City staff raised concern
regarding the proposal to include SF2 lots with a minimum 6,000 square foot lot size in a portion
of the project that is intended to transition to lower density and carry an approximate density of 1
du/ac, pursuant to the development agreement. In response, the applicant provided an additional
exhibit(D2—Transitional Density Plan, dated October 2024)that provides a diagrammatic layout
for potential locations of future residential lots within a 0-300' buffer and within a 300'-1,000'
buffer. The exhibit contains potential lot locations,quantities, and anticipated residential densities
within those buffer zones. Additionally, the applicant has stated that the intent of specifying the
SF2 land use district designation in this area is not to necessarily develop residential lots with
6,000 square foot lot sizes, but rather to be able to utilize the less restrictive front yard setbacks
that the sub district allows and to allow for clustering, where needed, in order to utilize the hilly
terrain and retain on lot open space. The applicant's intent is to have the future builders of the
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residential lots in this area to located houses on their respective lots in such a way that would
preserve larger rear yards abutting the project boundary and to utilize the smaller front setback
requirements of the SF2 district. In discussions with staff, the applicant has stated their
willingness to require a more restrictive rear yard setback for residential lots within the 300-foot
buffer area to achieve the desired transition to the rural/undeveloped lots that are adjacent to the
development. The applicant has proposed to impose both a minimum lot size of 0.5 acres (21,780
square feet) and a minimum rear yard setback of 50-feet(instead of the typically required 20-foot
rear yard setback) for the SF2 lots that are within 300-feet of the perimeter of the project
boundary within PUMP No. 5.
For reference, the SF2 (Single-Family Detached) district carries the following development
standards:
Minimum Lot Size:
• 6,000-square feet
Minimum Setbacks:
• Front Garage: 20 feet
• Side Garage: 10 feet
• Front Living: 10 feet
• Interior Side Living: 5-feet
• Street Side Living: 1 S feet
• Rear Living: 20 feet
The applicant's proposal would revise the minimum lot standards for the SF2 lots within 300-feet
of the project boundary within PUMP No. 5 to be the following:
Minimum Lot Size:
0.5-acre (21,780 square feet)
Minimum Setbacks:
• Front Garage: 20 feet
• Side Garage: 10 feet
• Front Living: 10 feet
• Interior Side Living: 5-feet
• Street Side Living: 1 S feet
• Rear Living: 50 feet
If approved, all residential lots (shown as SF2) within PUMP No. 5 that are located within 300-
feet of the exterior property line of the project, as shown on Exhibit D2 — Transitional Density
Plan, dated October 2024, should have the following residential development standards:
Minimum lot size:
• 0.5-acre(21,780 square feet)
Minimum Setbacks:
• Front Garage: 20-feet
• Side Garage: 10-feet
• Front Living: 10-feet
• Interior Side Living: 5-feet
• Street Side Living:15-feet
• Rear Living: 50-feet
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Valnova PUMP No 5 pzfdocx
• The development agreement (Exhibit D2-4) speaks to three (3) elementary schools within the
Northern Planning Area. West Ada School District met with the applicant and City staff to
discuss the potential need for school sites within the Northern Planning Area and the Valnova
project in general. West Ada School District indicated that they would not recommend nor
require any portion of PUMP No. 5 be dedicated to the school district but asked that the applicant
continue to work with the school district as development continues within the project in order to
locate any potential school site(s).
• The development agreement (Table 1: Project Summary) allocates a total of 80 acres of
Neighborhood Center to the Northern Residential Planning Area. The Conceptual Development
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Plan for the project within the development agreement (Exhibit E) shows a potential for the 80
acres of Neighborhood Center to be allocated among 2 Neighborhood Center locations within the
Northern Residential Planning Area. Neighborhood Centers, as defined within the development
agreement (pg.3) are "sites approximately 40-60 acres in size with up to 150,000 square feet of
Non-Residential Use and may include higher density mixed-use building types." The applicant is
proposing to combine the 2-3 Neighborhood Center locations shown in the Conceptual
Development Plan within the Northern Residential Planning area into one (1) central location
within the planning area in order to focus land use intensities stating that the topography of the
Northern Residential Planning Area is not well suited for these centers to be distributed
throughout. The applicant's proposal is to include one (1) centralized Neighborhood Center that
is a total of 80-acres in size with an allowance for up to 300,000 square feet of Non-Residential
Use. If approved, the Northern Planning Area and the Project will have allocated all of the
allowable Neighborhood Center designations.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 4, 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.
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: 01:46:30): https://eagle-id.granicus.com/player/clip/1979
COMMISSION DECISION:
The Commission voted 4 to 0 (Guerber abstained) to recommend approval of PU-2024-01 for a Planned
Unit Master Plan (PUMP) for Valnova with the following staff recommended site specific conditions of
approval and standard conditions of approval with strike through text to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. All PUMP No. 5 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. 5.
2. All public streets within PUMP No. 5 shall comply with all requirements of the Ada County Highway
District, the Idaho Transportation Department and the approved Traffic Impact Study (TIS) dated
May 2021. All Planning Unit Master Plan maps shall be updated consistent with ACHD & ITD
approvals.
3. All private streets within PUMP No. 5 (labeled as Private or Private Road with Public Access on
Exhibit F—Master Street and Circulation Exhibit(dated October 2024) shall be submitted for review
by the City at the time of the preliminary plat application associated with each phase of development
and shall conform to the requirements stated within the development agreement(Section 2.1(g)), Title
11A-13C-2-5, and the approved Traffic Impact Study(TIS),dated May 2021.
4. 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 PUMP No. 5.
5. No grading shall occur on the site until the applicant has received approval from the City in
accordance with the Spring Valley Grading and Hillside Development Standards.
6. The applicant shall comply with all conditions referenced within the City Engineer's letter regarding
the PUMP No. 5,as summarized in the letter provided by the City Engineer dated October 16,2024.
7. 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.
8. Unless otherwise conditioned by the City Council, the applicant shall comply with the requirements
within the PPRC memo, dated May 3, 2024. All subsequently submitted applications pertaining to
pathways and trails within the boundaries of PUMP No. 5 shall be reviewed by City Staff for
compliance with the approvals recommended by the PPRC and given by the City Council and
ultimately evaluated by the City Council.
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9. The applicant shall provide to the HOA, any necessary entity, and/or operator any access easements
to the reuse/land application site and sewer transmission lines prior to the City's issuance of a zoning
certificate for the land application site.
10. 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
within the final plat boundary and as identified in Exhibit L1 — Parks, Trails and Open Space Plan
(dated July 2024)as part of the PUMP No. 5 submittal and in accordance with ECC Section 11A-7.
11. No development or permits shall be issued outside of the established boundary of PUMP No. 5 (or
within any previously approved PUMP)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).
12. The applicant shall work with the Eagle Fire and Star/Middleton Fire Districts to adjust the fire
district boundary lines, as shown in Exhibit D3 —Fire District Boundary Exhibit (dated July 2024).
The applicant shall be required to submit a letter requesting de-annexation/annexation of the portions
of the property shown in Exhibit D3, or as the fire districts agree, to each fire district or provide the
City evidence of the completion of the de-annexation/annexation process having already been
completed at the time of the submittal of a final plat application for each phase of development
where jurisdictional authority by a fire district is impacted by the adjusted district boundary lines.
13. If City Council chooses to approve the 217 MF 1 units within the Northern Planning, as shown
within Exhibit DI — Overall Land Use Plan (dated October 2024) within the PUMP No. 5
application, the 217 MFI (Medium Density Multi-Family)units shall be permitted as designed with
vehicular access being provided from Valnova Way. If Council chooses to deny this proposal, the
within the Northern Planning Arca to be approximately 3% of the to res identia u its i the
14. The applicant shall be required to include an access easement in favor of Parcel No. S031444900 to
allow for future potential access. The access easement providing for future possible access to Parcel
No. S031444900 shall be included on the plat at the time of the submittal of preliminary plat
application associated with that phase of development. Any future access to Parcel No. S031444900
would not be required to be constructed by the developer of the Valnova project.
15. The applicant shall place public access easements over all of the private streets labeled as "Private
Road with Public Access", to remain in perpetuity, at the time of the submittal of a preliminary plat
application associated with that phase of development.
16. The applicant shall include an access easement for use by emergency service providers, to remain in
perpetuity, on all private streets at the time of the submittal of a preliminary plat application
associated with each phase of development that includes private streets.
17. The applicant shall establish a funding mechanism to provide for the continual upkeep and
maintenance of the proposed private streets in perpetuity. The funding mechanism shall be included
within the governing documents of the HOA and shall be required to be reviewed and approved by
the City prior to the City Clerk signing the first final plat associated with PUMP No. 5.
18. If City Council approves the applicant's proposal to locate and install up to nineteen (19) vehicular
gates at the locations shown within PUMP No. 5, the applicant shall be required to include the
proposal to install vehicular gates at the time of a preliminary plat application associated with that
phase of development. The preliminary plat application shall include a letter from a qualified
engineer stating that the inclusion of such gate(s)does not present a significant hazard. If the gate(s)
are proposed to be installed after the approval of the preliminary plat application associated with that
phase of development, the applicant shall notify City staff and the fire district with authority over
that phase of development of their intention to erect the gate(s) through the submission of a letter
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Valnova PUMP No 5 pzfdocx
stating their intent to do so. The submittal of that letter shall also include a letter from a qualified
engineer stating that the proposed access controls structures do not present a significant hazard to the
City for review by the City Staff and the City Engineer. Additionally, any proposed vehicular gate
designs shall be approved as part of a Design Review application.
19. The applicant shall not develop any residential portion of PUMP No. 5 in such a way that more than
thirty (30) residential dwelling units would be accessed by a singular means of vehicular access,
unless otherwise approved by the fire district with authority over that phase of development. The
applicant shall develop a portion of the proposed street network within PUMP No. 5 to sufficiently
provide a minimum of two (2) access points in and out of PUMP No. 5 as approved by the fire
jurisdiction with authority over this portion of the development.
20. If PUMP No. 5 is approved as proposed, the approved base density of the Valnova development
shall be 5,256 total residential units (3,008 base units + 1,448 approved bonus density units from
PUMP No. 1 +800 bonus density units from PUMP No. 5)and the overall project base density shall
be 0.87 du/ac,until such a time that any future PUMP applications are approved with additional base
density. No further Neighborhood Center bonus densities shall be allowed to be granted in the
Northern Planning Area
21. All residential lots (shown as SF2) within PUMP No. 5 that are located within 300-feet of the
exterior property line of the project, as shown on Exhibit D2 — Transitional Density Plan
(dated October 2024), shall have the following residential development standards:
Minimum Lot Size:
• 0.5-acre(21,780 square feet)
Minimum Setbacks:
• Front Garage: 20-feet
• Side Garage: 10-feet
• Front Living: 10-feet
• Interior Side Living: 5-feet
• Street Side Living:15-feet
• Rear Living: 50-feet
All other minimum requirements shall be according to the requirements of the SF2 district standards
pursuant to Eagle City Code Section 11A-2-3.
22. The applicant shall continue to work with West Ada School District as development continues
within the project in order to locate any potential school site(s).
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23. All land uses and lots shall comply with the following and shall be subject to ECC 1 1A-2 at the time
of preliminary plat approval:
PUMP ECC
No. 5 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,
N Trail and Open Space Corridor), and large natural areas No
BG ROS planned for dedication as permanent natural open space as Residential
part of an Eagle Regional Park and Willow Creek Road Open Density
Space Corridor. Regional Open Space may be owned and
maintained by the City, the Spring Valley Community
Association, a land trust or other conservation group or
entity.
31.49 acres of Regional Open Space is proposed within
PUMP No. 5
Community Open Space: may include public, semi-public,
and private recreational facilities, amphitheaters, golf
courses, pathways and trails, landscape zones in and adjacent
to major roadways including areas outside of a dedicated
right-of-way, greenbelts, cultural, community, educational,
N and quasi-public facilities, equestrian centers and trailheads, No
BG COS as well as parks, playfields and natural open spaces. Residential
Agricultural uses, such as vineyards, wineries and plant Density
nurseries, are considered Community Open Space. Facilities
and tracts of land owned by the Spring Valley Community
Association are also considered Community Open Space.
794.37 acres of Community Open Space is proposed within
PUMP No. 5
Medium Density Multi-Family:
N MF1 Minimum open space is 20%of the site. 28 units per
BG acre
612 MF1 units are proposed within PUMP No. 5
Table Continued on Page 42
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PUMP ECC
No. 5 11A-2: Description: Max.
Planning Land Use Density:
Area: District:
Single-Family Special Lot:
N SFSL
Minimum lot area of 3,000 square feet. 12 units per
acre
191 SFSL units are proposed within PUMP No. 5
Single-Family 3—Single-Family Detached:
N Single-family detached units. Minimum lot area of 4,000 10 units per
BG SF3 square feet. acre
188 SF3 units are proposed within PUMP No. 5
Single-Family 2—Single-Family Detached:
Single-family detached units. Minimum lot area of 6,000
N SF2 square feet. 7 units per
acre
683 SF2 units are proposed within PUMP No. 5
N=Northern Res. PA,BG=Big Gulch PA
*FAR: Floor Area Ratio — A measurement of a building's floor area in relation to the size of the
lot/parcel that the building is located on.
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 fmal plat.
6. Wet line sewers will be required and the applicant will be required to furnish the City Engineer
with a letter from the sewer entity serving the property, accepting the project for service, prior to
the City Engineer signing the final plat.
7. 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
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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.
8. 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.
9. 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.
10. 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.
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14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
including fiberoptic internet conduit, and as may be required by the Eagle City Code, prior to the
City Engineer signing the final plat.
16. An approval letter from the Fire District who has jurisdiction over the platted area shall be
submitted to the City prior to the City Engineer signing the final plat. The letter shall include the
following comments and minimum requirements, and any other items of concern as may be
determined by the applicable fire department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire District
who has jurisdiction over the platted area.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Fire
District who has jurisdiction over the platted area prior to the City Engineer signing the final
plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow
rates shall be inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Fire District who has jurisdiction over the platted area prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Fire District who
has jurisdiction over the platted area prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all preserved
and mitigated habitat areas, common areas, storage facilities,recreational facilities, street lights or
open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer
signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
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.
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21. Conservation,recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the
City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The 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.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
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37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed Planned Unit
Master Plan (PUMP) No. 5 (PU-2024-01) 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. Streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic based
on the approved Traffic Impact Study (TIS), and the proposed densities are inline with what
was anticipated within the development agreement and reflected within the approved Traffic
Impact Study for this phase of development. The proposed traffic will not generate traffic in
such amounts as to overload the street network;
c. The proposed commercial/non-residential development is justified to at the location proposed
and is consistent with the PADA because it focus more intensive uses into a single location
within the Northern Residential Planning Area and allow for a transition into less dense
residential neighborhood areas where the terrain is more restrictive for 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.
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DATED this 18th day of November 2024.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
7tAf---
Trent Wright, Chairma
AT EST: •..•`•,O Eq F
Tracy E. Viso , Eagle City Clerk : ,d
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