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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. Page 1 of 47 Valnova PUMP No 5 pzfdocx 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. Page 2 of 47 Valnova PUMP No 5 pzfdocx 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 Page 3 of 47 Valnova PUMP No 5 pzf docx 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 Page 4 of 47 Valnova PUMP No 5 pzfdocx 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 Page 5 of 47 Valnova PUMP No 5 pzf.docx 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 Page 6 of 47 Valnova PUMP No 5 pzfdocx 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. Page 7 of 47 Valnova PUMP No 5 pzfdocx • 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% Page 8 of 47 Valnova PUMP No 5 pzfdocx 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 Page 9 of 47 Valnova PUMP No 5 pzfdocx 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. Page 10 of 47 Valnova PUMP No 5 pzf.docx 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. Page 11 of 47 Valnova PUMP No 5 pzfdocx 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. Page 12 of 47 Valnova PUMP No 5 pzfdocx 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; Page 13 of 47 Valnova PUMP No 5 pzf.docx (iii)existing and planned transportation corridors; (iv) a balance of commercial, employment and residential uses to promote trip capture within the Project; (v) a wide array of housing and employment options to create a live/work environment; (vi) regional and community Open Space; and (vii) dedication or donation of public facility sites for schools, police and fire, library, parks, public and civic uses. Within all Planning Areas a minimum of 50% of all dwelling units, and 65% of all single-family detached lots less than 5,000 square feet, and 50% of all single-family detached lots less than 8,000 square feet shall abut some form of Open Space. Page 14 of 47 Valnova PUMP No 5 pzf.docx 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 Page 15 of 47 Valnova PUMP No 5 pzf.docx 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 Page 16 of 47 Valnova PUMP No 5 pzf.docx 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 Page 17 of 47 Valnova PUMP No 5 pzf.docx 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 Page 18 of 47 Valnova PUMP No 5 pzfdocx 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 Page 19 of 47 Valnova PUMP No 5 pzf.docx 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. Page 20 of 47 Valnova PUMP No 5 pzfdocx 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 Page 21 of 47 Valnova PUMP No 5 pzf.docx 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. Page 22 of 47 Valnova PUMP No 5 pzfdocx 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; Page 23 of 47 Valnova PUMP No 5 pzfdocx 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. Page 24 of 47 Valnova PUMP No 5 pzf.docx 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. Page 25 of 47 Valnova PUMP No 5 pzfdocx 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. Page 26 of 47 Valnova PUMP No 5 pzf.docx 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. Page 27 of 47 Valnova PUMP No 5 pzfdocx 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 Page 28 of 47 Valnova PUMP No 5 pzf.docx 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. Page 29 of 47 Valnova PUMP No 5 pzf.docx 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: Page 30 of 47 Valnova PUMP No 5 pzfdocx 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 Page 31 of 47 Valnova PUMP No 5 pzfdocx 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 Page 32 of 47 Valnova PUMP No 5 pzfdocx 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. >ea„mN " ff55 'J application, ..< 4s, Pmo.l Me#watt r� NA.WMP.I . i:� m:�rw. a .rota-1 :- . the ;� 's—ASSI applicant is -•.; ',,,..., proposing \ to service ! 11,-. °�'�"� 1,030 units il (of the total r._"i proposed i _i 1,674 lots 7j ..- within —•.;' PUMP No. 2 'N,,,,,, 5) with t private Q F-MASTER STREET AND CIRCULATION streets. To �'i.`. : ... CI owc VALNOVA date, ' F PLANNING UNIT MASTER PLAN#5 through . ,�., m� u. ,wP.; . ,w. .,P, .� ..n„ prior 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, Page 33 of 47 Valnova PUMP No 5 pzfdocx 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. Page 34 of 47 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. The Of NM, 0.503,10.4a lift di RESKXNiiAt '.,.....` • RESIDENTIAL 41 fital RESIDENTIAL ' • s 4/4"1 Ogg CR �■I 1 1 �+. ,.. RESK?ENTIAL \ r s u , ri leNa ham NORTHERN RESIDENTIAL AREA 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 Page 35 of 47 Valnova PUMP No 5 pzfdocx 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 Page 36 of 47 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 J Ali 1' RESIDE*.n ' Ain * ,1 0 '''N - U _ vif- ,,, , ... ..... \ I RSMENTIAE� \ µ audent plk NORTHERN RESIDENTIAL AREA M' 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. Page 37 of 47 Valnova PUMP No 5 pzfdocx 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. Page 38 of 47 Valnova PUMP No 5 pzf docx 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 Page 39 of 47 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). Page 40 of 47 Valnova PUMP No 5 pzf docx 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 Page 41 of 47 Valnova PUMP No 5 pz£docx 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 Page 42 of 47 Valnova PUMP No 5 pzfdocx 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. Page 43 of 47 Valnova PUMP No 5 pzfdocx 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. Page 44 of 47 Valnova PUMP No 5 pzf.docx 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. Page 45 of 47 Valnova PUMP No 5 pzfdocx 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. Page 46 of 47 Valnova PUMP No 5 pzfdocx 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 • SEAL • •i�r,RI'ORA�\,\"10 Page 47 of 47 Valnova PUMP No 5 pzfdocx