BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN ...

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BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A PLANNING UNIT MASTER PLAN FOR ) SPRING VALLEY PUMP NO. 1 FOR M3 ) 5 EAGLE, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PU-01-12 10 The above-entitled Planning Unit Master Plan application came before the Eagle City Council for their action on August 26, 2014, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; 15

FINDINGS OF FACT:

A. PROJECT SUMMARY: M3 Eagle LLC, represented by Mark Tate, is requesting approval of the Spring Valley Phase No. 1 Planning Unit Master Plan, a 722.4-acre (232 to be developed, 400-acres of future development area, and 90.4 acre Wastewater Re-use Site) development which 20 includes 249 units and master plans for Land Use, Street and Circulation, Potable Water, Wastewater, Drainage, Pressure Irrigation, Public Facilities (Schools, Library, Police & Fire/Emergency Service), Parks, Trails and Open Space, and Super Pads, pursuant to the Spring Valley Development Agreement. The 722.4-acre site is generally located on the east side of State Highway 16 at Equest Lane (approximately 1 mile north of Beacon 25 Light Road).

B. APPLICATION SUBMITTAL: The application was originally submitted on December 20, 2012. Subsequent updates were made on January 20, 2013, and on October 14, 2013. Final edits to the application 30 were provided to the City on January 16, 2014, March 18, 2014, and April 10, 2014, to make the application consistent with the requirements of ECC 11A-7 as approved by the Eagle City Council on January 14, 2014.

C. NOTICE OF PUBLIC HEARING: 35 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 April 28, 2014. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and 40 Eagle City Code on April 28, 2014. Requests for agencies’ reviews were transmitted on January 17, 2014, in accordance with the requirements of the Eagle City Code. The site was posted on April 30, 2014, in accordance with Eagle City Code.

Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City 45 Code on July 21, 2014. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2014. The site was posted in accordance with Eagle City code on July 29, 2014.


D. HISTORY OF PREVIOUS ACTIONS: The M3 Pre-Annexation Development Agreement (RZ-19-06), adopted by the City in November 2007, (herein referred as “PADA”)

The Eagle City Council approved RZ-19-06 MOD1: M3 Hillside and Grading Standards on November 24, 2009. 5

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.

The overall project-wide Habitat Mitigation Plan was approved by the City Council on January 11, 2011. 10

The Eagle City Council approved an amended and restated development agreement for M3/Spring Valley (RZ-19-06 MOD2) on January 14, 2014, (herein referred as “DA”)

The City council approved the M3/Spring Valley Development Standards on January 14, 2014, and by the adoption of Ordinance 710, established Eagle City Code Title 11 – Planned Developments, Chapter A – Spring Valley. 15

E. COMPANION APPLICATIONS:

PP-06-12: Spring Valley Subdivision No. 1: A346.77 acre, 217-lot subdivision (190 residential lots, 22 common/open space lots, 3 future development parcels, 1 well site and 1 wastewater treatment plant site) pursuant to the Spring Valley Development Agreement. 20


F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:

COMP PLAN ZONING CURRENT

DESIGNATION DESIGNATION LAND USE

Existing Foothills

Residential R1-DA

Rural Residential/Large Lot Single Family (Gulch Ranch Estates Subdivision & Kling Estates Subdivision)/

Vacant Land/ Limited Agriculture

Spring Valley Proposed Land Use (ECC 11A-2)

No Change No Change

108 acres SF1 (Single Family Residential)

47.4 acres ER (Estate Residential)

24.4 acres COS (Community Open Space)

24.9 acres ROS (Regional Open Space)

8.6 acres WWTP (Wastewater Treatment Plant)

Spring Valley Proposed Land Use (ECC 11A-2) North of site

No Change Foothills

Residential

No Change RR (Rural

Residential - Ada County) RP

(Rural Preservation - Ada County)

Rural Residential/Large Lot Single Family / Vacant Land/ Limited Agriculture

South of site BLM/City

Regional Park PS (Public/Semi-

Public) Vacant Land

East of site Foothills

Residential

RR (Rural Residential - Ada

County) RP (Rural Preservation

- Ada County)

Rural Residential/Single Family (Highlander Estates Subdivision)/ Vacant Land/ Limited Agriculture

West of site Rural Residential

(Ada County)

RR (Rural Residential - Ada

County) RP (Rural Preservation

- Ada County)

Rural Residential/Single Family (Estates Subdivision & Kling Ranch Estates Subdivision)/ Vacant Land/ Limited

Agriculture

G. DESIGN REVIEW: Subject to ECC 11-3 - Spring Valley Design Review 5


H. GENERAL PUMP DATA/DESIGN:

Total Acres: 722.4 acres Developable: 232 acres in Southwest Planning Area

(SWPA) Future Development: 400 acres 5 Reuse/Wastewater Land Application: 90.4 acres All calculations below are based on buildable portion of the PUMP: 232 Acres Residential Units in PUMP No.1: 249 units PUMP Density: 1.07 units per acre 10 Remaining units in SWPA: 201 units Max. Density SWPA: 1.07 units per acre Open Space: 98.2 acres

Regional Open Space: 19.6 acres 15 Community Open Space: 69 acres Collectors, Arterial and Buffers: 9.6 acres % of Developable Acres: 42.3% Minimum Open Space: 20% (46.4 acres)

20 Lots Adjacent to Open Space: 173 lots (91.1% of units in PUMP No. 1) All Units in SWPA: 173 units or 38.4% (50% Minimum) Lots less than 8,000 sq. ft.: No lots less than 8,000 sq. ft. Lots less than 5,000 sq. ft. No lots less than 5,000 sq. ft. 25 Constrained Acres (pre-mitigation): 207.11 acres (89.3% of site)

Floodway: 47.61 acres Slopes >25%: 1.5 acres Habitat Areas of Special Concerns: 158 acres

30 Constrained Acres (post-mitigation): 61.36 acres (26.5% of the site)

Floodway: 13.46 acres Slopes >25%: .9 acres Habitat Areas of Special Concerns): 47 acres

35 I. ECONOMIC ANALYSIS:

The applicant provided an update to the 2006 economic analysis completed by Idaho Economics, John Church, as part of the December 20, 2012, submittal. The economic analysis is incorporated herein by reference.

J. LAND USE MASTER PLAN: 40

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 and date stamped by the City on January 16, 2014, updated on March 19, 2014, and the applicant’s Planning Unit Master Plan No.1, Land Use Plan - Exhibit 6.B date stamped April 10, 2014.

K. STREETS AND CIRCULATION MASTER PLAN: 45

The applicant’s justification of the PUMP’s compliance with the requirements of the Streets and Circulation Master Plan is addressed in the applicant’s narrative received and date stamped by the City on January 16, 2014, and the applicant’s Planning Unit Master Plan No.1, Streets and


Circulation Plan - Exhibit 6.D date stamped April 10, 2014.

L. WATER MASTER PLAN:

The applicant’s justification of the PUMP’s compliance with the requirements of the Water Facilities Master Plan is addressed in the applicant’s narrative received and date stamped by the City on January 16, 2014, updated on March 19, 2014, by JUB Engineers. The applicant’s Spring 5 Valley Water Facilities Plan-Pump No.1 Amendment received and date stamped by the City on March 19, 2014.

M. WASTEWATER MASTER PLAN:

The applicant’s justification of the PUMP’s compliance with the requirements of the Wastewater Master Plan is addressed in the applicant’s narrative received and date stamped by the City on 10 January 16, 2014, and the applicant’s Wastewater Facilities Plan received and date stamped by the City on October 3, 2013. The location of the 90.4 acre land application site for the effluent is identified on applicant’s Planning Unit Master Plan No.1, Land Use Plan - Exhibit 6.B date stamped April 10, 2014.

N. DRAINAGE MASTER PLAN: 15

The applicant’s justification of the PUMP’s compliance with the requirements of the Drainage Master Plan is addressed in the applicant’s narrative and the applicant’s Planning Unit Master Plan No.1 Drainage Study received and date stamped by the City on January 16, 2014. The City received a letter of approval from FEMA of the M3 CLOMR on November 18, 2013.

O. PRESSURIZED IRRIGATION MASTER PLAN: 20

The applicant’s justification of the PUMP’s compliance with the requirements of the Pressurized Irrigation Master Plan is addressed in the applicant’s narrative and the applicant’s Pressurized Irrigation Plan received and date stamped by the City on December 20, 2012. A portion of the pressurized irrigation system is addressed in the Water Facilities Master Plan for PUMP No. 1 received on and date stamped by the City on March 19, 2014. The applicant is requesting an 25 Irrigation Master plan be provided at the time of submittal of the construction drawings for the first final plat within PUMP No.1.

P. PUBLIC FACILITIES MASTER PLAN:

The applicant’s justification of the PUMP’s compliance with the requirements of the Public Facilities Master Plan is addressed in the applicant’s narrative received and date stamped by the 30 City on January 16, 2014. There are no Public Facilities identified in PUMP No. 1.

Q. PARKS, TRAILS, AND OPEN SPACE MASTER PLAN:

The applicant’s justification of the PUMP’s compliance with the requirements of the Parks, Trail, and Open Space Master Plan is addressed in the applicant’s narrative and the applicants Planning Unit Master Plan No.1, Parks, Trails, and Open Space Plan - Exhibit 6.J date stamped January 16, 35 2014, and updated in April 10, 2014.


R. ENVIRONMENTAL DESIGN MASTER PLAN:

The applicant submitted an updated Landscape Master Plan including a narrative date stamped by the City on December 20, 2012, a Landscape Plan- Streets (Exhibit 4.B.b) received and date stamped by the City on April 10, 2014, a Habitat Mitigation Plan (Exhibit 4.B.d) date stamped by the City on April 10, 2014, and a Habitat Monitoring Plan date stamped by the City on November 5 13, 2013.

S. SUPER PAD/LARGE PARCEL MASTER PLAN:

The applicant’s justification of the PUMP’s “future development parcels” is contained in the Land Use section of the applicant’s narrative date stamped by the City on January 16, 2014, and updated on April 10, 2014 (incorporated herein by reference). 10

T. AGENCY RESPONSES:

The following agencies have responded and their correspondence is on file with the City of Eagle. Comments which appear to be of special concern are noted below:

ACHD- Staff report dated April 15, 2014.

Central District Health Department – Letter date stamped by the City on January 28, 2014. 15 Concerns about approval by DEQ and the Eagle Sewer District prior to approval of a future plat.

Eagle Fire Department – Letter date stamped by the City on November 20, 2012, and February 2, 2014.

Eagle Sewer District- Letter date stamped by the City on February 3, 2014, and March 21, 2014 20

Farmers Union Ditch Company – Letter date stamped by the City on January 22, 2014. Concerns about expiration of the agreement between Farmers Union Ditch Company and M3 for crossing of the canal. Updated contract received on March 19, 2014.

FEMA – Conditional Letter of Map Revision date stamped by the City on November 18, 2013.

Idaho Department of Environmental Quality- Recycled Water Permit Received on October 3, 25 2013.

Idaho Transportation Department – Letter date stamped by the City on June 27, 2013, and March 19, 2014. Addresses access point onto State Highway 16 at Equest Lane/Pollard Lane.

U. LETTERS FROM THE PUBLIC: 30

Ken Hamilton - Date stamped by the City on March 10, 2014. Concerns about location of wastewater treatment plant.

Doris Schirmer – Date stamped by the City on April 23, 2014 and August 22, 2014. Concerns about the sewer treatment site, the loss of equestrian theme, and existing CC&R’s for Gulch Ranch Estates. 35

Steve Purvis – Date stamped by the City on August 19, 2014. Concerns about conditions of approval, staff tracking, implementation and enforcement, CC&R’s, timing of improvements, provision of public services, schools, and financial assurances.

Mary Taylor – E-mail received by the City on August 26, 2014. Concerns about water availability, sewage treatment location, Site distance on SH 16 at the proposed Big Gulch 40 Parkway.

V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:


The applicant’s narrative did not specifically address the schedule for development but per Table 2 of the Spring Valley Development Agreement and the submittal of PP-06-12(Spring Valley Subdivision No. 1) the development of PUMP No. 1 is proposed to begin in 2014.

W. REQUIRED FINDINGS FOR A PLANNING UNIT MASTER PLAN:

11A-7-5A-2 - ACTION BY PLANNING & ZONING COMMISSION: 5

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:

i. The PUMP substantially conforms with: the PADA and subsequent amendments; Title 11A; applicable master plans approved by the City; 10 and/or other applicable information reasonably relied on by the City necessary to uphold the intent of the PADA and this Title.

ii. 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. 15

iii. The proposed commercial/non-residential development is justified at the locations proposed and is consistent with the PADA.

iv. The information provided from the agencies having jurisdiction over public facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed within the 20 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. 25

STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:

A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:

See the Eagle Foothills Subarea Plan and the Findings of Fact and Concisions of Law for RZ-19-06, including MOD 1 and MOD 2. These documents are incorporated herein by reference. 30

B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 1.2 Planned Development; 35 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 11A. Development of the Property may include, without limitation, the planning, design, engineering, construction, acquisition, installation, and/or provision of 40 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; 2nd Paragraph: The Project is planned for a Base Project Density of 0.5 units per gross acre, or 5 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 10 provided in this section 1. In the event Additional Property is annexed the process is set forth in this section 1. Bonus Density is achieved at the time of City’s approval of any PUMP as follows: 2.5 units for each acre of a Community Center shown on such City-approved PUMP. 15 10 units for each acre of a Neighborhood Center shown on such City-approved PUMP. 1 unit for each acre of Regional Open Space shown on each City-approved PUMP and

cumulatively for all prior City-approved PUMPs over and above the 20% Open Space minimum requirement not to exceed 1,250 units.

0.5 units for each acre of Community Open Space shown on each City-approved PUMP 20 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.

25 To achieve Bonus Density in a PUMP, there must be a minimum Open Space of 20% in such PUMP, which Open Space shall be first calculated using Community Open Space. Bonus Density shall be re-calculated upon the submittal of each PUMP and/or plat. Spring Valley is being planned as five different Planning Areas, as set forth in Exhibit B and 30 Exhibit(s) D, D1, D2, D3, D4 and D5; the density allocation planned for each Planning Area is summarized in Table 1 below. Each Planning Area represents a unique design based upon: (i) topography; (ii) location within the Development Plan; (iii) existing and planned transportation corridors; (iv) a balance of commercial, employment and residential uses to promote trip capture within the Project; (v) a wide array of housing and employment options to 35 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. 40 1.6 Planning Unit Master Plan (PUMP): Each Planning Unit Master Plan shall be based on the Planning Area plans set forth in Exhibit(s) D, D1, D2, D3, D4 and D5 and the Conceptual Development Plan set forth in Exhibit E. The Conceptual Development Plan will be updated when necessary to reflect 45 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, 50 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 11A 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 5 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 10 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 15 and/or Non-Residential Use acreage, from Planning Area(s) or Planning Unit(s) to other Planning Area(s) or Planning Unit(s) at any time, and Developer may allocate any unused residential density or Non-Residential Use acreage originally allocated to a Planning Area or Planning Unit to another Planning Area or Planning Unit in the event that the preliminary or final platting of a Planning Area or Planning Unit results in unused residential density and/or unused Non-20 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 11A of Eagle 25 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 30 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. 35 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 40 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, 45 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. 50


(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 5 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. 10 (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 15 ACHD and/or ITD, as appropriate. Each Planning Unit Master Streets & Circulation Plan shall be prepared by Developer and approved by City taking into account the Master Streets & Circulation Plan, and any amendments thereto and the recommendations of ACHD and/or ITD, as applicable. Each Planning Unit Master Streets & Circulation Plan shall address any increase or decrease in traffic volumes from other Planning Unit Master Plans and the 20 particular Planning Unit being planned that may occur as development progresses and densities and intensities are rearranged.

2.2 Water:

(a) Municipal Water Right; Monitoring Plan: Pursuant to that certain Assignment of 25 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 30 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 35 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 40 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 45 (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, 50


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 5 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 11A. 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 10 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 15 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 20 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 25 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.

30 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 35 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 40 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 45 connection with any of Developer’s applications to FEMA to modify relevant flood maps to reflect actual conditions.

2.5 Public Facilities:


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 5 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. 10 (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 15 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 20 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 25 connection with the applicable Planning Unit Master Plan or portion thereof. (c) Schools: Public education is provided by the Joint School District No. 2. 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 30 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 35 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. 40 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 45 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 50 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 11A of Eagle City Code and shall be reviewed for approval by Developer. 5

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 10 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 15 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 20 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 25 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 30 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 35 Regional Open Space through an Owners’ Association’s CC&Rs and such funding mechanism is an obligation of all owners governed by such CC&Rs to fund the maintenance of Regional Open Space within that area of Spring Valley governed by such CC&Rs. In no event does the Density Bonus provision, in section 1.4 of this Agreement, apply until the funding mechanism is established by Developer in accordance with this Agreement. 40

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 11A. 45 (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 50 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 5 any approval authority for the Habitat Mitigation Plan to any state or federal agency. Implementation and compliance with the Habitat Mitigation Plan shall be on a Planning Unit by Planning Unit basis. A PUMP shall not be approved if development is proposed and compliance with the Habitat Mitigation Plan has not been approved or conditionally approved in accordance with Eagle City Code Title 11A. 10

3.1 Regulation of Development:

(a) Applicable Rules: The ordinances, rules, regulations, permit requirements, development fees, other infrastructure fees, exactions, other requirements, and/or official policies however denominated, applicable to and governing the development of the Property shall be those that 15 are existing and in force as of the Date of Application, as may be mutually amended by amendment to this Agreement; provided, however, notwithstanding anything to the contrary herein, Titles 8 and 9 of Eagle City Code are not applicable to Spring Valley and have been replaced by Title 11A of Eagle City Code.

20 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, 25 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 30 to be located are not in place prior to occupation of such structure.

C. PLANNED DEVELOPMENTS ORDINANCE PROVISIONS WHICH ARE OF SPECIAL

CONCERN REGARDING THIS PROPOSAL:

11A-7-1: PURPOSE, GOALS, AND OBJECTIVES: 35

A. The purpose of the Planning Unit Master Plan is to ensure that the land uses and densities prescribe for development are consistent with the PADA and this Title 11A prior to subdivision;

B. A Planning Unit Master Plan should reflect an area within Spring Valley that the Planning Unit developer is proposing to subdivide in the future; 40

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 45 infrastructure requirements found within the PADA. The PUMP does not provide or constitute approval(s) to construct or develop the site.


An application for approval of a PUMP may be filed by a property owner or a person having an existing interest in the property to be included in the PUMP. 11A-7-3: OWNERSHIP REQUIREMENTS: 5 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. 10 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 15 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 20 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 25 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. 30

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; 35 2. The appropriate utility companies, irrigation companies or districts and drainage

districts; 3. The superintendent of the school district; and 4. Other agencies having an interest in the proposed subdivision. 40

C. A PUMP application shall include the following information, on forms or in a format deemed appropriate by the Zoning Administrator:

2. Project Narrative

a) Name, address, phone number and email address of the applicant, engineer and/or planner. 45

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 5 outlined in the PADA and the Spring Valley Master Plan. If the PUMP is not in substantial conformance with any component of the Spring Valley Master Plan, an amendment of the nonconforming component of the Master Plan shall be submitted contemporaneously with the PUMP application.

e) A tabulation of proposed residential units and non-residential acres in the 10 Planning Unit compared to the number of units and non-residential acres allowed in the Spring Valley Master Plan and the applicable Planning Area in which the PUMP is located, including cumulative totals approved in connection with previous PUMPs. Such tabulation shall show the trend toward achieving the Planning Area requirement that fifty percent (50%) of all dwelling units in the 15 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-20 mitigation) acreage for the PUMP and the Planning Area.

g) A vicinity map at a scale approved by the Administrator showing the relationship of the PUMP to the Spring Valley Master Plan and Eagle Comprehensive Plan.

3. Economic Impact Analysis

An Economic Impact Analysis & Demographic Forecast, dated October 25, 2006, and 25 revised July 2007, by Idaho Economics was provided to the City in connection with the 2007 approval of Spring Valley. 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 Spring Valley Master Plan 30 such as an increase in the maximum density in Spring Valley.

4. 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 35 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. 40

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. 45


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. 5

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.

5. Planning Unit Master Streets & Circulation Plan 10

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 15 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 Spring Valley Master Streets & Circulation Plan with reference to traffic volumes associated with previously approved PUMP(s). The narrative shall 20 include a description of the location of private roads and the number of residential units served by such private roads.

6. Planning Unit Master Potable Water Plan

a) An updated Spring Valley Water Facility Plan will be provided if the PUMP application requires modifications to the existing Spring Valley Water Facility 25 Plan. If the municipal transmission potable water system complies with the existing Spring Valley 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, 30 pump stations, pressure reducing stations and storage facilities needed to serve the Planning Unit.

c) A phasing plan for the construction of the necessary municipal transmission potable water system.

d) A narrative or evidence showing how this component of the PUMP complies 35 with the Spring Valley Master Water Facility Plan and the Spring Valley RAFN water right.

7. Planning Unit Master Wastewater Plan

a) A plan showing the location, size, type and capacity of the backbone wastewater collection, transmission and treatment system components, including effluent 40 and/or re-use storage, transmission and/or disposal facilities needed to serve the Planning Unit.


b) A phasing plan for the construction of the necessary wastewater collection and re-use systems.

c) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Wastewater Facility Plan, including a discussion of re-use goals and feasibility. 5

8. 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. 10

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 15 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 Spring Valley Master Drainage Plan. 20

9. Planning Unit Master Pressurized Irrigation Plan

a) An updated Spring Valley Master Pressurized Irrigation Plan will be provided if the PUMP application requires modifications to the existing Spring Valley Master Pressurized Irrigation Plan. If the pressurized irrigation system complies with the existing Spring Valley Master Pressurized Irrigation Plan, an update is 25 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 30 with the Spring Valley Master Pressurized Irrigation Plan.

10. 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. 35

b) A narrative or evidence showing how this component of the PUMP complies with the Spring Valley Master Public Facilities Plan.

c) Evidence from public facility providers to the effect such provider(s) will serve the Planning Unit.

11. Planning Unit Master Parks, Trails & Open Space Plan 40

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 5 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. 10

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 15 with the Spring Valley 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. 20

12. Environmental Design Plan

a) Landscape – An exhibit or exhibits showing landscape areas that will use upland or riparian landscape palettes included in Title 11A Chapter 3. The exhibit shall also include the location of formal versus informal street sections as defined in Title 11A Chapter 3. 25

b) Signage - An exhibit showing the location of the proposed community signs for the PUMP identified in Title 11A Chapter 3. Approval of the PUMP signage plan does not waive the requirement for all community signs to comply with the location, size and spacing standards of Title 11A Chapter 3 and/or the Community Master Sign Plan once approved by the City, and, if the Community 30 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 Spring Valley Habitat Mitigation Plan.

12. Super Pad/Large Parcel Plan 35

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 40 with Title 11A Chapter 13 of Eagle City Code.

c) Super pads/large parcels are not considered buildable lots until re-platted and reviewed for compliance with Title 11A Chapter 13 of Eagle City Code.


D. DISCUSSION:

The Eagle Comprehensive Plan designates the property as Foothills Residential and the project, as approved in the Development agreement dated January 14, 2014, was found to be consistent with the Eagle Comprehensive Plan.

This application was submitted in compliance with Eagle City Code 11A-7 and pursuant to 5 the requirements of Paragraph 1.6 for the Spring Valley Development Agreement.

Pursuant to the applicant’s submittal “Spring Valley PUMP No.1 Exhibit 6.C Existing Topographic Conditions” date stamped by the City on April 10, 2014, the applicant proposes to grade 0.6 acres of slopes in excess of 25%. The Eagle City Council approved RZ-19-06 MOD1: M3 Hillside Development and Grading Standards on November 24, 2009. Pursuant 10 to the Spring Valley Hillside Development and Grading Standards and ECC 11A, the applicant shall receive City approval of all grading plans prior to site disturbance.

The applicant’s submittal “Spring Valley PUMP No.1 Exhibit 6.C Existing Topographic Conditions” date stamped by the City on April 10, 2014, does not show topography and necessary grading associated with the reuse/wastewater land application. The applicant 15 should be required to submit an updated Spring Valley PUMP No.1 Exhibit 6.C-Existing Topographic Conditions which includes the reuse/wastewater land application site.

The applicant is requesting the approval of 249 units on 232 developable acres. The density provisions in paragraph 1.4 of the Spring Valley Development Agreement establish that the PUMP based residential allocation is 1 unit per 2 acres (116 units) which shall be removed 20 from the overall base project allocation of 3,008 units. The PUMP may achieve bonus density based on design components, the provision of additional open space, and the funding of regional open space. The table below details the residential unit calculations and bonus provision for PUMP No. 1:

SWPA - PUMP No. 1

Base Density

Acres

PUMP Base Density

(acres x .5 units)

PUMP No.1 232 116

Bonus Density

Centers

Neighborhood Community

Acres

Units (acres x 10 units/acre)

Acres

Units (acres x 2.5 units/acre)

0 0 0 0

Open Space (above 20% minimum)

Regional Open Space Community Open Space

Acres Units

(acres above Min. x 1) Acres Units

(acres above Min. x .5)

19.6 19.6 32.2 16.1

Funding of Open Space

10% of units (base plus bonus)

Bonus Units

0

Bonus Units Earned 35.7

PUMP Base Density 116

PUMP Planned Units 249


Units needed to achieve PUMP density (planned units-earned units) 97.3 Base Units Remaining after PUMP (M3 base - (PUMP base +extra units needed) 2,794.7

According to Paragraph 1.7 of the Spring Valley Development Agreement, units once achieved (either through the base density or bonus density provisions) may be allocated to current planning area or placed in a bank to be applied to a future planning areas within the project so long as the overall maximum density of the planning area (as identified in Exhibit 5 D4 of the Spring Valley Development Agreement) is not exceeded. PUMP No.1 through the base allocation of 1 unit per 2 acres (116 units) and bonus provisions (35.7 units) does not achieve the desired residential allocation for PUMP No. 1 (249 units) so the additional units needed (97.3 units) must be deducted from the overall project base allocation thus reducing the remaining unallocated residential allocation for the project to 2,987 units. 10

The applicant has not identified in the Spring Valley PUMP No.1 a neighborhood center (no community center is planned in the Southwest Planning Area) consistent with paragraph 1.4 of the Spring Valley development agreement so no density bonus was applied.

The applicant has not provided the City a funding source for regional open space consistent with paragraph 1.4 and 2.6(f) of the Spring Valley development agreement so no density 15 bonus was applied.

According the Exhibit D4, page D4-1, of the Spring Valley Development Agreement the Residential densities with in the Southwestern Planning Area are to be “1 to 10 units per acre but may also contain estate type equestrian lots on 1-2 acres and larger.” The overall density of Spring Valley PUMP No.1 is 1.08, slightly over the 1.07 for the entire southwest planning 20 area. Future submittals within the Southwestern Planning area should be evaluated in conjunction with this approval to ensure the accumulative maximum density of 1.07 units per acres is not exceeded.


PUMP No.1

Planning Area

ECC 11A-2: Land Use District Description

Max. Density per

PUMP

SWA-1, SWA-10

ROS

Regional Open Space: Regional Open Space is intended to serve the general public and may be adjacent to, or provide connection to, large scale regional open space within the City’s North Eagle Foothills Planning Area. Regional Open Space may include many of the amenities provided in Community Open Space as well as active regional parks, regional trail corridors (such as the Big Gulch Regional Park, Trail and Open Space Corridor), and large natural areas planned for dedication as permanent natural open space as part of an Eagle Regional Park and Willow Creek Road Open Space Corridor. Regional Open Space may be owned and maintained by the City, the Spring Valley Community Association, a land trust or other conservation group or entity.

No Residential Density

SWA-2, SWA- 4

ER Estate Residential: Single Family detached, 2 units per gross acre, Minimum lots size .3 acre (13,068 sq. ft.)

SWA-2: 0.65 units/acre;

SWA-4: 1.38 units/ acre

SWA-3, SWA-5, SWA-6

COS

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, and quasi-public facilities, equestrian centers and trailheads, as well as parks, playfields and natural open spaces. Agricultural uses, such as vineyards, wineries and plant nurseries, are considered Community Open Space. Facilities and tracts of land owned by the Spring Valley Community Association are also considered Community Open Space.


SWA-7, SWA-8, SWA-9

SF-1 Single-Family Detached: Single Family detached, Up to 5 units per acre, Minimum lot size 8,000 sq. ft.

SWA-7: 1.46 units/acre,


SWA-9: 2.06 units/acre

According to the applicant’s PUMP No.1 Landscape Plan, date stamped by the City on April

10, 2014, SWA-3 and a portion of three residential lots in SWA-7 are located in “Native Undistributed Open Space.” Similarly, these areas are not included in the Water Facilities 5 Plan PUMP No.1 Amendment for irrigation, date stamped by the City on March 19, 2014. Currently a portion of High Ridge Lane, a private road easement, provides access to Ada County Parcel Numbers S0328449400 and S032844910, by crossing the “native undistributed” area identified in SWA-3. By definition, SWA-3 is to be left in a native landscape - undisturbed and unirrigated which is in conflict with the use as a private road. 10 To this end, the applicant should be required to 1) relocate High Ridge Lane outside of SWA-3 or update the PUMP No.1 Landscape Plan to identify the area as roadway and not open space, and 2) place a deed restriction and/or plat note that SWA-3 and the applicable portion of SWA-7 are native and undisturbed areas and there shall be no irrigation of these areas. 15

According to the applicant’s PUMP No. 1 Landscape Plan, date stamped by the City on April 10, 2014, and the PUMP No. 1 Habitat Mitigation Plan, date stamped by the City on April 10, 2014, SWA-3, SWA, 5, and SWA-7 include “native and undisturbed” open space equaling 23 acres. Prior to approval of a final plat application within each of these areas, the applicant should be required to provide for the City’s approval a plan to identify and protect these areas 20 from disturbance, intentional or incidental, during the construction process. The applicant should also be required to place a deed restriction and/or plat note stating these areas are native and undisturbed areas and no alterations or modifications to this area should occur.


Pursuant to ECC 11A-7C-2 “An update to the Economic Impact Analysis shall be provided to City in connection with the first Planning Unit Master Plan application.” The applicant submitted an updated economic analysis on December 20, 2012, on file with the City of Eagle. The City contracted with Bootstrap Solutions, Dr. Richard Gardner, to review and provide recommendation to the City concerning the economic analysis. After working with 5 M3’s consultant, Dr. Gardner provided a letter of agreement on December 12, 2013, between M3’s consultant, John Church, and himself to be signed by both entities. M3 submitted a signed letter of agreement on March 11, 2014, the agreement is on file with the City of Eagle.

As to the Spring Valley Development Agreement Section 2.1: Traffic and Circulation:

(a) Developer, with consultation with ACHD, will design, engineer, construct, acquire, 10 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. And;

(e) A detailed analysis of the ACHD Traffic System within the Project and the ITD Traffic 15 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. 20

ACHD issued a draft staff report for application number PU-01-12, on April 15, 2014, on file with the City of Eagle. The ACHD Commission heard the application on April 23, 2014, consistent with the staff recommendation. The applicant should comply with the conditions of approval from ACHD and should submit updated Planning Unit Master Plan maps consistent with the decision of ACHD. 25

ITD provided a letter of review on June 27, 2013, approving the access location on State Highway 16. Subsequently, on March 19, 2014, ITD issued a second letter reasserting the District’s approval of the access point onto State Highway 16 in alignment with Pollard Lane.

The Tesoro pipeline is identified on the Streets and Circulations, Parks and Trails, the Landscape Master Plans. The applicant should receive written approval from Tesoro for 30 construction within and crossing of their easement prior to submittal of a final plat for a plat within PUMP No. 1.

The Streets and Circulation Master Plan for PUMP No. 1 includes a looping of the Farmers Union Canal through the site requiring construction adjacent to and crossing of the facility. A letter date stamped on January 22, 2014, was received from Jerry Kiser representing the 35 Farmers Union Ditch Company’s position. Mr. Kiser states that the M3 agreement for crossing the ditch has expired and a new agreement is needed. Further, that the ditch company has concerns about the location and separation between open space uses and the ditch within SWA-1, SWA-2b, SWA-3 and SWA-4. On March 19, 2014, the applicant provided the City a copy of a new agreement with the ditch company for crossing and work 40 within the ditch company easement. The applicant should continue to work with the ditch company to address issues or concerns associated to the design and development of open space along the facility.

The City Engineer has provided a detailed review of the proposed Water Facilities Plan Amendment No.1, date stamped March 19, 2014 (see Engineers letter date stamped by the 45 City on April 15, 2014). Staff recommends the applicant be required to conform to the conditions established in the City Engineer’s letter on file with the City of Eagle.


The Water Facility Plan PUMP #1 Amendment requires DEQ approval prior to the applicant moving forward on the design of any improvements on the water system. In addition, DEQ requires the submittal of a Preliminary Engineering Report for review and approval prior to preparing and submitting detailed plans and specifications.

The applicant’s narrative, date stamped January 16, 2014, states and the Spring Valley PUMP 5 No.1- Land Use Plan (Exhibit 6.B), date stamped by the City on April 10, 2014, depicts that a municipal well site is located in the “future development area.” The applicant should show both (2) municipal well sites on the PUMP No. 1 Land Use Plan. Further, since the one future well site located in the “future development area” will not be platted as part of the first subdivision in PUMP No. 1 (PP-06-12) the applicant should provide a well easement 10 consistent with DEQ standards and an access easement to the site and for any necessary distribution system prior to submittal of a final plat within PUMP No. 1.

Due to the variation of elevations throughout the development and the need for multiple pressure zones, the water system in M3 will require the use of individual on-lot pressure reducing valves associated with domestic use and irrigation in areas where pressures are 15 expected to exceed 80 psi. The home owners will be responsible for the maintenance of these valves. In order to ensure home owner notification and inspection of the valves, a standard should be established for the location of the valves on site and the plat should note which lots will contain PRV. The standards should be reviewed and approved by the City Engineer prior to submittal of the first final plat within PUMP No.1. 20

Since irrigation to the residential lots within the development is planned to be served by the municipal water system, an approved Backflow Prevention Device (BFP) should be installed on the user side of the water meter with the location approved by the City of Eagle Water Department prior to the submittal of the first final plat within PUMP No. 1. The BFPs will be owned and maintained by the individual homeowner. The City will require that the 25 homeowner provide verification that the BFP has been installed and all necessary inspections and testing have been completed. The CC&Rs should include provisions of the ownership and maintenance of the BFPs and identify all lots that are required to have a BFP. The BFP systems should meet the requirements of Eagle City Code Title 6-5A.

The Central District Health Department letter, date stamped by the City on January 28, 2014, 30 states they require certification of approval from the Eagle Sewer District before they can approve the sewer system for the project.

According to the applicant’s Wastewater Facilities Master Plan, the Eagle Sewer District will be the entity responsible for primary treatment of wastewater but initially the applicant will be responsible for disposal of the solids and water. Solids will be trucked to the Star Sewer 35 District for disposal and disposal of the liquid will be the responsibility of M3 and/or the HOA. As part of the PUMP No.1- Land Use (Exhibit 6.B) date stamped by the City on April 10, 2014, M3 has identified a 90.4 acre land application site for the disposal of the liquid wastewater. The land application site will be a required piece of infrastructure until the size of the project allows for additional treatment and the use of reuse water for irrigation. Until 40 that time the sewer transmission lines and the land application site should be included within easements for access to the site and line. The specific wording of the easements shall be reviewed and approved by the City Engineer and City Attorney prior to approval of the final plat.

The Wastewater Facility Plan, dated April 9, 2013, was approved by DEQ on May 24, 2013, 45 and date stamped received by City October 3, 2013, and Technical Report for a Permit to Apply Recycled Water, Dated June 17, 2013; DEQ approved August 16, 2013; Date stamped received by City October 3, 2013, must be amended to reflect the applicant’s current proposal


to not use supplemental irrigation, including municipal water, at the land application site. The amended reports should be approved by the Eagle Sewer District and DEQ prior to submittal of the first final plat within PUMP No.1. In addition, DEQ requires the submittal of a Preliminary Engineering Report for review and approval prior to preparing and submitting detailed plans and specifications. 5

According to the applicant’s Water Facilities Plan PUMP No.1 Amendment (WFP), date stamped by the City on March, 19, 2014, the number of units planned for within the WFP is 232 but according to PUMP No. 1 Land Use Master Plan (Exhibit 6.B), date stamped by the City on April 10, 2014, the applicant is requesting approval of 249 units. The applicant should be limited to platting 232 units until an updated Water Facilities Plan is submitted and 10 approved by the City and DEQ.

The applicant received a conditional letter of map revision (CLOMR) from FEMA, date stamped by the City on November 18, 2013, on file with the City of Eagle. The applicant should be required to comply with all floodway construction, development, and permitting requirements in Eagle City Code. 15

According to the applicant’s PUMP No.1 Drainage Study, dated stamped by the City on October 3, 2013, the developed drainage flow rates will not exceed the existing conditions. A storm water drainage report that accounts for existing and proposed drainage flows should be submitted with the first final plat application within PUMP No. 1 and be updated with each successive submittal. The applicant should demonstrate that project runoff does not exceed 20 historical rates at any point in the development.

Due to the limited analysis of the irrigation system presented in the Water Facility Plan PUMP No. 1 Amendment, the applicant is required to submit an Irrigation Master Plan prior to submittal of a final plat application within PUMP No.1. The Irrigation Master Plan should provide more specific analysis and include how the pressurized irrigation system will interact 25 between the surface water, irrigation groundwater, municipal water system, and the reuse of effluent. A revised irrigation master plan should be reviewed and approved by the City Engineer as part of the first final plat submittal within PUMP No. 1.

No public facilities are proposed in PUMP No.1 and the City has not received requests from the affected agencies requesting mitigation as allowed pursuant to paragraph 2.5 of the Spring 30 Valley Development Agreement.

The M3 project is split into two fire districts, Eagle and Star. Prior to November of 2013, the two districts were operating under a joint management structure. Pursuant to the Development Agreement, M3 is required to receive approval of a Wildfire Management Plan from the applicable fire districts. On November 20, 2012, the City received a letter of 35 approval from the Eagle Fire District (acting as a joint approval for Star Fire District) of the Wildfire Management Plan (on file with the City of Eagle). Since receipt of the wildfire plan approval, the two districts are no longer operating under a joint management structure and are now individually managed districts. PUMP No. 1 is located within the jurisdictional boundary of the Star Fire District. To date, the City has not received a letter of comment or 40 approval from the Star Fire District addressing the implementation of the Wildfire Management Plan or PUMP No.1. Staff is concerned that in the restructuring of the fire departments Star Fire District may not be aware of the requirements to enforce the Wildfire Management Plan. The applicant should be required to provide a letter from Star Fire District recognizing the Wildfire management Plan and the District’s ability to serve the project. 45

Per ECC 11A-7-4C-1(e) the applicant shall illustrate how residential units comply with the minimum number of residential units abutting open space. The applicant’s submittal, date


stamped by the City on January 16, 2014, provides the following standard to be complied with at the time of preliminary plat approval:

PUMP Planning Area Units

1 SWA-7 60

1 SWA-8 64

1 SWA-9 49

Sub-Total Units 173

Sub-Total Percent within PUMP No. 1

91.1%

Per the applicant’s submittal Exhibit 6.J, date stamped by the City on April 10, 2014, the 5

developed portion of Spring Valley PUMP No. 1 shall include 98.2 acres (42.3% of the site) as open space comprised of a minimum of 19.6 acres of regional open space, a minimum of 69 acres of community open space, and a minimum of 9.2 acres of right-of-way buffers and landscape islands. At the time of preliminary plat approval within PUMP No.1, the open space associated with the Southwest Area subareas (SWA#) should be documented and found 10 to be equal to or greater than the total shown on Exhibit 6.J.

The applicant’s submittal, date stamped by the City on March 19, 2014, proposes a timeline for the phased construction of open space and parks within the project. The phasing of the construction of the open space shall be reviewed at the time of preliminary plat approval and 15 consistent with the table on the following page:

Spring Valley PUMP No. 1: Open Space Construction Schedule

All Neighborhood and Community Open Space will be developed at the time of the first final plat approval in the subarea with the following exceptions:

SWA-1

ROS 23.1 acres With first Final Plat in PUMP No.1

SWA-2

COS @ SH16 1.7 acres With first Final Plat in PUMP No.1

SWA-3

COS 11.4 acres With first Final Plat in SWA-2 or SWA-4

SWA-5

COS 13 acres Shall be constructed with the construction of the WWTP

SWA-6

COS 16 acres

Phase 1 - public access easement and parking at the trail head at the time of 1st final plat in PUMP No.1

Phase 2- Park, Community Center, pool, and formalized trailhead facilities shall be constructed with the last final plat in PUMP No.1 or prior to the issuance of the 196th building permit in PUMP No.1, whichever occurs first.

SWA-10

ROS 1.8 acres With the first final plat in SWA-9


PUMP No.1

Planning Area


Max. Density per PUMP

SWA-1, SWA-10

ROS



SWA-2, SWA- 4




SWA-3, SWA-5, SWA-6

COS



SWA-7, SWA-8, SWA-9






PUMP No.1 Planning Area

ECC 11A-2: Land Use District

Description Max. Density per PUMP

SWA-1, SWA-10

ROS



SWA-2(a & b), SWA- 4




SWA-3, SWA-5, SWA-6

COS



The applicant’s narrative does not identify any parks, trails or open space facilities for

operation, maintenance, or dedication to the City of Eagle. The narrative does identify a 6- mile “Regional Open Space” along Willow Creek. According to the Spring Valley 5 Development agreement regional open space is defined as being “used by the general public.” The Applicant should address how the access to the general public will be maintained over the life of the project prior to the submittal of a final plat within PUMP No.1.

Pursuant to ECC 11A-7C-10b the applicant should provide: 10

“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.”

In staff’s review the following concerns have been found:

The applicant’s narrative addresses that each neighborhood shall have access to 15 regional and community trails within the project. PUMP No.1 Parks, Trail and Open Space Plan only identifies Regional Trails but pursuant to ECC 11A-7C-10(e) the PUMP shall include the “Location of regional and community pathway and trail facilities, including typical pathway and trail cross-sections, materials and trail signage.” The applicant should be required to update the PUMP No.1 20 Parks, Trail and Open Space Plan to identify trails and the trail cross section consistent with ECC 11A-7C-10(e) as well as be required to demonstrate at the


time of preliminary plat how each sub planning area, specifically SWA-2 & SWA-4, have access to the regional or community trail system.

The applicant’s narrative (pg. 7) details that the community park located in SWA-6 will include: “a regional trailhead for pedestrians and cyclists with 5 parking for 25 cars. This community park exceeds the area of a planned neighborhood park…as shown on DA Exhibit I and replaces the equestrian facility.” When the development agreement modification was heard before the City Council the concern about the removal of equestrian facilities was raised as part of the hearing and this trailhead was cited as a location for equestrian users 10 to gain access to the regional BLM trails. In the applicant’s letter, date stamped by the City on March 19, 2014, the applicant states their agreement is to provide parking and access for five (5) trucks with trailers for equestrian users. Due to the proposed timing of construction the trailhead (with last final plat or prior to the issuance of the 196th building permit) the applicant proposes to grant to the 15 City a temporary access and use easement for a temporary trailhead until the time the formal trailhead is developed. The Parks and Pathways Development Commission should review the temporary access and use easement and provide recommendation to the City Council prior to approval of the first preliminary plat in PUMP No.1. The design of the facility should be reviewed by the Eagle 20 Design Review Board and the Parks and Pathways Development Commission prior to City Council action on a final plat, including the site.

The City’s environmental consultant ECS reviewed the applicant’s Habitat Mitigation Plan (HMP) in 2010 and on November 12, 2010, issued a letter of adequacy stating that the plan was sufficient “if all actions identified in the 2010, M3 Habitat Mitigation Plan will be 25 implemented.” The applicant, in association with PUMP No.1, submitted the Habitat Monitoring Plan as required in the HMP. In the letter date stamped by the City on February 20, 2014, ECS states that the document as currently drafted is not sufficient and that additional work and submittals are required. The applicant has subsequently worked with ECS and ECS has provided a letter of recommendation, date stamped by the City on March 30 31, 2014. ECS has expressed concern regarding the structure of the habitat maintenance authority and that No.1 should be conditioned consistent with this recommendation.

Consistent with the Spring Valley Development Agreement and ECC 11A the following future applications should be anticipated within Spring Valley PUMP No. 1:

35 PUMP No.1 Sub-Planning

Area Future Application Submittal

SWA-1, SWA-5, SWA-6, SWA-7, SWA-8, SWA-9,

SWA-10 Currently part of PP-06-12

SWA-2 Part of PP-06-12 as a large lot. Will require re-

platting in the future to create residential lots

SWA-2b, SWA-3, SWA-4 Require a future Preliminary Plat Application

Future Development Area Requires a new PUMP application

Re-Use/Wastewater Land Application Site

Design Review and Zoning Certificate. Restricted until WWTP is fully constructed and operational consistent with WWMP. Requires a future PUMP

application


Staff response to the written testimony received from Ken Hamilton on March 10, 2014 and Doris Schirmer on April 23, 2014, Concerns were expressed to the City Council during the development agreement

modification hearings in 2013 and to the Eagle Sewer District at the time of Spring Valley’s annexation into the district and the ESD’s approval of the Wastewater Master 5 Plan in 2014. Neither the City nor the ESD Board recommended relocation of the facility. Since the sewage treatment plant location is consistent with previous approvals by the City, is not under the jurisdiction of the City, and the location of said facility is a matter of engineered standards, staff does not recommend a change of location at this time. 10

During the negotiations with the Developer on the DA amendment and drafting of Title 11A, City staff and legal counsel expressed their concerns to the Developer regarding the commitments within the DA, Title 11A, and several master plans concerning perpetual funding and ongoing operation and maintenance. Based on the language of the DA, Title 11A, proposed master plans, and representation by the Developer, it is our understanding 15 that the Spring Valley Community Association or another Owner’s Association will be responsible for some or all of these development commitments through their respective condition, covenants, and restrictions (“CC&R’s”). On April 23, 2014, the City received a memo from the City attorney addressing these issues on file with the City of Eagle. The applicant should be required to address these concerns prior to the submittal of a 20 final plat within PUMP No. 1.

STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff to date, staff recommends approval with the site specific conditions of approval and standard conditions of approval as provided within the staff report. 25

PUBLIC HEARING OF THE COMMISSION:

A. A public hearing on the application was held before the Planning and Zoning Commission on May 19, 2014, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time.

B. Oral testimony in opposition to the application was presented by 10 people expressing concerns 30 about the following: Visibility, access, and traffic on State Highway 16. Impacts on local roads. Fire protection and emergency response. Water and irrigation demands. 35 Location of the wastewater treatment plant and the impact on neighbors Consistency with the development agreement Timing of the development. Lack of an equestrian center and theme in the Southwest Planning Area

40 C. Oral testimony in favor of the application was presented by no one.

COMMISSION DECISION:

The Commission voted 4 to 0 (Smith absent) to recommend approval of PU-01-12 for a Planning Unit Master Plan for Spring Valley PUMP No.1 with the site specific conditions of approval and standard conditions of approval as provided in their findings of fact and conclusions of law document, dated 45 June 2, 2014.


PUBLIC HEARING OF THE COUNCIL:

A. A public hearing on the application was held before the City Council August 26, 2014, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time.

B. Oral testimony in favor of this proposal was presented to the City Council solely by the 5 applicant/Representatives: Bill Brownlee, Mark Tate, and JoAnn Butler.

Bill Brownlee testified that the staff has worked on this project and this PUMP application by itself put in 347 hours since filed this application and when this application was filed in October including the Title 11 and development standards there has been over 1,650 hours put in by the staff alone. 10

We’ve worked closely with the staff over 1600 hours in the last 18 months. It’s a lot of time. I appreciate it.

We’ve been doing ongoing monitoring since the water right was approved three years ago.

C. Oral Testimony neither in favor nor against was provided to the City Council by Jonathan Seel, 15 Janet Zandersmith, and Paul Hudson. Testimony included the following:

The City Attorney’s memo addressing the CC&R’s and the funding of improvements. The need for an equestrian center to make the project successful. Number of parking stalls for trailers at the regional trail head. Alignment of Star and Eagle Fire Districts and clarification about who has jurisdiction 20

over the first phase of the project. Response from the Eagle Fire District was provided by Kurt McClenney and

Chief Winkle clarifying jurisdiction and the need for secondary access to the project under the Eagle Fire District

25 D. Oral testimony in opposition to this proposal was presented to the City Council by Steve Purvis,

Logan Schirmer, Linda Hamilton, Kent Hamilton, Jaylene Groeninger, Doris Schirmer, Matt Schirmer, Patricia Mickiewicz, Joan Mantel, Wayne Swanson, Teresa Johnson, Loren Macey, Marc Radsman, Bob VanArnem, and Kathy Pennisi. Testimony included the following:

The number of conditions on the PUMP are too many, issues should be resolved before 30 approval

Confusion on the reuse water plan and application on the site for irrigation CC&R’s and funding/financing of obligations of the home owners association for

ongoing operation and maintenance of open space The triggers for an update to the financial forecast update 35 Location of wastewater treatment plant and its proximity to existing residential uses The access point onto SH16 at the blind curve The impacts of the development on Beacon Light Road Water availability and impact to existing wells in the area IDWR’s approval of the water right and the potential need for mitigation if wells are 40

impacted Historical flooding in the area being developed Removal of private equestrian facility Limited fire access with a single access road from SH 16 Confusion over which fire district has jurisdiction over the first phase of the development 45

versus the overall project area


Concerns about the previous wildfires in the areas and the potential in the future Concerns expressed about a development this size being a burden on the tax payers

within the City The location of trail heads and ensuring public access and parking within the project for

equestrian users 5 Concerns about vision creep and the need to be diligent in requiring M3 to conform to the

development agreement

COUNCIL DELIBERATION:

Upon closing the public hearing, the Council discussed during deliberation that: 10

Impacts of the recession since the initial entitlement in 2007 The proposed PUMP is consistent with the development agreement and many of the

issues brought forward are not under the jurisdiction of the City or were addressed and the time of the initial entitlement in 2007

Secondary fire access and distance to emergency fire services. Discussion of which 15 district has jurisdiction

Fire impact fees versus the provision of a fire station location and facility The overall development is huge and the applicant has chosen to develop in the City

versus the County. Large scale planned development will allow for the inclusion of large areas of open spaces, trails, and equestrian facilities that are not possible in smaller 20 developments

Desire for a site visit to provide the Council a “global perspective” of the site

COUNCIL DECISION:

The Council voted 4 to 0 to approve PU-01-12 for a Planning Unit Master Plan for Spring Valley 25 PUMP No.1 with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval.

SITE SPECIFIC CONDITIONS OF APPROVAL:

1. All PUMP No.1 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 30 boundary of PUMP No. 1.

2. Comply with all requirements of the Ada County Highway District and the Idaho Transportation Department. All Planning Unit Master Plan maps shall be updated consistent with ACHD & ITD approvals.

3. The applicant shall submit payment to the City for all outstanding fees (planning, engineering, 35 and legal) incurred for reviewing this PUMP, prior to approval of a preliminary plat for the area contained within the PUMP.

4. No grading shall occur on the site, including the wastewater land application site, until the applicant has received approval from the City in accordance with the Spring Valley Grading and Hillside Development Standards. 40

5. Upon approval of Spring Valley PUMP No. 1 the buildable overall base project density is reduce from 3,008 to 2,794.

6. Upon approval of the Spring Valley PUMP No. 1, the project has consumed/allocated 249 of the 450 maximum units assigned to the planning area. The remaining development potential within the planning area is 201 units and will require allocation from the project’s overall base density, 45 bonus units pursuant to the development agreement, and/or transfer from another planning area


within the project.

7. In accordance with the applicant’s Water Facilities Plan PUMP No.1 Amendment, date stamped by the City on March 19, 2014, and the City Engineers letter dated April 15, 2014, PUMP No.1 is limited to 232 units until an updated Water Facilities Plan is submitted and approved by the City and DEQ. 5

8. Upon approval of Spring Valley PUMP No.1 the remaining “planned units” to be constructed within the Southwest Planning Area, as described in Exhibit D4 of the Spring Valley Development Agreement, is 59 units unless additional density is allocated to the planning area from another portion of the development.

9. The maximum total residential units within PUMP No.1 as delineated by the subareas of the 10 southwest planning area shall comply with PUMP No.1 Land Use Master Plan Exhibit 6.B date stamped by the City on April 10, 2014.

10. Pursuant to the Spring Valley Development Agreement, at no time shall the overall development intensity in the SWPA exceed 450 units or 1.07 units per acre.

11. The development intensity in Spring Valley PUMP No.1 is 1.08 units per acre and exceeds the 15 overall development intensity within the Southwest Planning Area. Future PUMP applications within the Southwest Planning Area shall be averaged with Spring Valley PUMP No.1 to ensure the overall development intensity does not exceed 1.07 dwelling units per acre.

12. Bonus residential units equaling 36 units were granted in accordance with the provisions of paragraph 1.4 of the Spring Valley Development Agreement for the provision of open space in 20 excess of 20% (19.6 acres of Regional Open Space and 32.2 acres of Community Open Space). If, at the time of preliminary plat approval by the Planning and Zoning Commission, the regional and community open space does not meet or exceed these thresholds the overall developable residential units shall be decreased proportionally consistent with the Spring Valley Development Agreement. 25

13. In accordance with ECC 11A-7-4(C)-(2) the applicant shall update the December 2012, economic analysis with any PUMP or plat application that results in a substantial change to the land uses and maximum densities expressed in Exhibit D of the Spring Valley Development agreement.

All land uses and lots shall comply with the following and shall be subject to ECC 11A-2 at the time of preliminary plat approval: 30


PUMP No.1

Planning Area


Max. Density per

PUMP

SWA-1, SWA-10

ROS



SWA-2, SWA- 4




SWA-3, SWA-5, SWA-6

COS



SWA-7, SWA-8, SWA-9





14. Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide written approval from Tesoro Pipeline for the regional trail and roadway crossing located within the Tesoro Pipeline Easement.

15. Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide 5 written approval from Farmer’s Union Canal for the regional trail and roadway crossings of the canal facilities.

16. Big Gulch Parkway (identified as a formal collector) shall be developed, landscaped and maintained as a collector consistent with PUMP No.1 Landscape Plan-Streetscapes (Exhibit 4.B.b) date stamped by the City on April 10, 2014. 10

17. The applicant shall provide an ingress/egress easement for Ada County Parcel Numbers S0328449400 and S032844910 and specifically address the impact of said easements within the areas identified on the “native undisturbed open space” within SWA-3 to be approved by the City prior to submittal of the first final plat application within PUMP No. 1. All changes in access shall be reflected on PUMP No.1 Streets and Circulation Master Plan. 15

18. The applicant shall comply with all conditions contained in the City Engineer’s letter dated April 15, 2014, regarding the Water Facility Plan PUMP #1 Amendment.

19. The applicant shall comply with all conditions contained in the City Engineer’s letter dated April 22, 2014, regarding PUMP No. 1 submittals.

20. Consistent with applicant’s Water Facility Plan PUMP No.1 Amendment, no municipal water 20 shall be used on the wastewater land application site identified on the PUMP No. 1 Land Use Master Plan date stamped by the City on April 10, 2014.


21. Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall submit for City approval of an Irrigation Master Plan consistent with the Water Facility Plan PUMP No.1 Amendment, date stamped by the City on March 19, 2014. The Irrigation Master Plan shall include the specific strategy for switching to effluent reuse and how it interacts with irrigation using municipal water, surface water, irrigation groundwater and irrigation ponds. 5

22. The applicant shall provide a revised PUMP Land Use Master Plan showing the location of both (2) well sites for the municipal water system, including the well site located in SWA-4.

23. The applicant shall identify a minimum two (2) well easements consistent with DEQ requirements, including ingress and egress easements, to be dedicated to the City of Eagle prior to the submittal of the first final plat application with PUMP No.1. 10

24. In addition to all other uses (storm drainage, reuse, irrigation, etc.), the ponds within SWA-6 shall be sized to accommodate the necessary flushing of the municipal water system and shall be constructed as part of the first final plat within PUMP No. 1. All pond sizing calculations shall be approved by the City of Eagle prior to the first final plat approval. The Applicant shall provide the City easements for the use and access to the ponds associated with the municipal water 15 system. The specific wording of the easements shall be reviewed and approved by the City Engineer and City Attorney prior to approval of the final plat.

25. Applicant shall revise all documents replacing the term “potable system” with “municipal” or “city” water system to provide clarity and consistency with the approved Development Agreement prior to submittal of the first final plat within PUMP No.1. 20

26. The applicant shall update “Spring Valley PUMP No.1 Exhibit 6.C Existing Topographic Conditions” to include the wastewater land application site located within the future development area prior to submittal of a grading permit, zoning permit or final plat within PUMP No.1, whichever occurs first.

27. The applicant shall amend the Wastewater Facility Plan and the Technical Report for a Permit to 25 Apply Recycled Water to reflect that supplemental irrigation water will not be utilized at the land application site. The applicant shall obtain approval of the amended reports by DEQ, Eagle Sewer District, and Central District Health prior to submittal of a final plat application within PUMP No. 1.

28. The applicant shall provide evidence that Spring Valley has contracted with a licensed operator 30 for the wastewater transmission and land application prior to the submittal of a final plat application within PUMP No.1.

29. The applicant shall obtain design review approval for the berming, buffering, and fencing of the reuse/land application site as well as a grading permit and a zoning permit prior to the construction/use of the wastewater land application site. 35

30. 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.

31. All development within Spring Valley PUMP No. 1 shall be reviewed and approved consistent with Eagle City Code Title 10: Floodways and the FEMA approved CLOMR. 40

32. The applicant shall enter into an agreement as contemplated under Section 2.2 of the Spring Valley Development Agreement with the City for the supplemental water necessary from the Municipal Water System (Water Right No. 63-32573) for irrigation prior to submittal of the first final plat application within PUMP No.1.

33. The applicant shall be required to: 1) relocate the ingress/egress easement located north of the 45 Farmers Union Canal outside of SWA-3 or update the PUMP No.1 Landscape Plan to identify the area as roadway and not open space, and 2) place a deed restriction and/or plat note that SWA-3,


portions of SWA-5 and SWA-7 are native and undisturbed areas and there shall be no irrigation of these areas.

34. Pursuant to the Spring Valley Development Agreement provide the City a letter of approval from the Star Fire District for PUMP No. 1 stating the District’s approval of the Wildfire Management Plan and PUMP No. 1 consistent with the plan. 5

35. The minimum open space within any PUMP submitted within the planning area of PU-01-12 shall be 15% of the developable area of the PUMP. The overall accumulative open space within the plats comprising the developable portion PUMP No. 1 (excluding future development areas and Re-use/land application site) shall equal 98.2 acres or 42.3% of the PUMP Area.

36. The accumulative open space minimum within the Southwest Planning Area shall be 25% of the 10 gross planning area.

37. The open space, both amount and type, within PUMP No.1 and the subareas of the Southwest Planning Area shall comply with the minimums shown on PUMP No. 1 Parks Trails and Open Space Plan (Exhibit 6.J), date stamped by the City on April 10, 2014.

38. Prior to the submittal of the first final plat application within the planning area of PUMP No. 1, 15 the applicant shall identify and the mechanism for permanent public access and use of the Regional Open Space and Trails within PUMP No.1. This mechanism shall be reviewed by the City of Eagle Parks And Pathways Development Commission for recommendation prior to City Council action on a final plat including the site. Such easements and/or assurance shall be noted on all plats. Specific wording of the easements shall be reviewed by the City Engineer and the 20 City Attorney prior to approval of the final plat.

39. The applicant shall provide 19.6 acres of regional open space and 69 acres of community open space within PUMP No. 1, to be reviewed and tracked at the time of preliminary plat approval consistent with PUMP No.1 Parks Trails and Open Space Plan (Exhibit 6.J), date stamped by the City on April 10, 2014. 25

40. At the time of preliminary plat approval the applicant shall demonstrate how each neighborhood has access to the regional and community trail system within the project and pedestrian access to community amenities and public lands.

41. PUMP No.1 shall include a minimum of a five (5) acre community park site that shall include recreational building, swimming pool, sports courts, children’s play structure, picnic area, and 30 open turf area consistent with PUMP No.1-Community Park Concept Plan (Exhibit 6L), date stamped by the City on December 20, 2012.

42. The applicant has provided the following timeline for the construction of the community park and open space facilities. The timing and phasing of construction of the open space shown in PUMP No.1-Parks Trail and Open Space Plan (Exhibit 6.J), date stamped by the City on April 10, 2014, 35 shall be as follow:


Spring Valley PUMP No. 1: Open Space Construction Schedule

All Neighborhood and Community Open Space will be developed at the time of the first final plat approval in the subarea with the following exceptions:

SWA-1

ROS 23.1 acres With first Final Plat in PUMP No.1

SWA-2

COS @ SH16 1.7 acres With first Final Plat in PUMP No.1

SWA-3

COS 11.4 acres With first Final Plat in SWA-2 or SWA-4

SWA-5

COS 13 acres Shall be constructed with the construction of the WWTP

SWA-6

COS 16 acres

Phase 1 - public access easement and parking at the trail head at the time of 1st final plat in PUMP No.1

Phase 2- Park, Community Center, pool, and formalized trailhead facilities shall be constructed with the last final plat in PUMP No.1 or prior to the issuance of the 196th building permit in PUMP No.1, whichever occurs first.

SWA-10

ROS 1.8 acres With the first final plat in SWA-9

43. Within SWA-6, the applicant shall provide a regional trail head with parking for 25 cars (including 5 parking spaces that are accessible for trucks and trailers for equestrian users) and trail access to the existing trail on the BLM property. A public access easement to the trailhead location and a temporary access and parking easement at the trail head shall be provided with the 5 first final plat within PUMP No.1. The specific wording of the easements shall be reviewed by the City Engineer and the City Attorney prior to approval of the final plat. The final design for the trail head shall be reviewed by the Eagle Design Review Board and the Eagle Parks and Pathways Development Commission prior to approval by the Eagle City Council in conjunction with the submittal of the last final plat within PUMP No.1 or the issuance of the 196th building permit 10 within PUMP No.1, whichever occurs first.

44. At the time of preliminary plat submittal for any plat within the boundary of PUMP No. 1, the applicant shall demonstrate how the plat achieves or will contribute to the overall achievement of 38.1% of the PUMP being dedicated for regional and community open space purposes (19.6 acres of Regional Open Space and 69 acres of community open space). A preliminary plat shall not be 15 approved if the applicant cannot sufficiently demonstrate compliance.

45. At the time of preliminary plat the following thresholds for residential lots abutting open space shall be meet or exceeded the following:

PUMP Planning Area Units

1 SWA-7 60

1 SWA-8 64

1 SWA-9 40

Sub-Total Units 173

Sub-Total Percent within PUMP No. 1

91.1%


46. The applicant shall submit a Design Review application prior to submittal of a final plat application consistent with ECC 11A-3 for all signage, landscape, and common areas identified in the signage, landscape, and parks, trail and open space planning unit master plan and ECC 11A-7.

47. The applicant shall submit a Design Review application prior to final platting of the areas containing the facility for all public facilities (water pump houses, sewage treatment plant, etc.) 5 associated with PUMP No. 1. Specific attention shall be paid to the design and visual aesthetics of the on-site sewage storage ponds with an effort to avoid the conventional rectangular appearance of the ponds.

48. At the time of preliminary plat application the applicant shall show that the plat is consistent with Habitat Mitigation Plan and the Planning Unit Master Plan No.1 – Habitat Mitigation Plan 10 Exhibit 4.B.d, specifically with regard to the number of acres and types of open space.

49. The applicant shall comply with the requirements of the Habitat Review Letter, date stamped by the City on March 31, 2014, from Environmental Conservation Services, Inc. (ECS Inc.). Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide CC&R’s for the City’s review and approval that establishes Spring Valley Open Space Association, 15 separate from the Spring Valley Owners Association.

50. The applicant shall comply with the requirements of the Habitat Review Letter, date stamped by the City on March 31, 2014, from Environmental Conservation Services, Inc. (ECS Inc.). Prior to the submittal of a final plat application within PUMP No. 1, the applicant shall provide CC&R’s for the City’s review and approval that addresses an adaptive management plan, perpetual 20 funding, and an oversight mechanism for the habitat areas as well as enforcement and assessment authority in the event the property owners fails to fund its proportionate share of the costs.

51. The applicant shall be required to submit an updated PUMP No.1 landscape-Streetscape Plan and Habitat Mitigation Plan either re-designating areas within SWA-3, SWA-5, and SWA-7 as “upland re-vegetated” areas or provide at a deed restriction and/or plat note on the 25 “Native/Undisturbed” areas within SWA-3, SWA-5, and SWA-7 prior to the submittal of a final plat application. The restriction shall state that these areas are to be managed and maintained as native and undisturbed areas and there shall be no alterations and of modifications to these areas including but not limited to grading, drainage, landscaping or conventional maintenance. The specific wording shall be reviewed by the City Engineer and the City Attorney prior to approval 30 of the final plat.

52. The applicant shall comply with all conditions contained in the City Attorney’s Memo dated April 23, 2014 regarding CC&R’s, financial assurances, and annual reporting prior to the submittal of a final plat.

35 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 public rights-of-way, the drainage system, curbs, gutters, streets and sidewalks. 40

2. Approval of a Planning Unit Master Plan (PUMP) shall not construe to endorse a precise location of uses or configuration of parcels.

3. All conditions of a PUMP approval established by the City Council shall be reviewed and completed prior to or in conjunction with a preliminary plat and/or final plat approval, which ever shall apply, for any portion of the Spring Valley PUMP No.1. 45

4. The approval of a PUMP does not provide or constitute approvals to construct or develop the site.

5. All development, platting and construction shall be reviewed and found to conform to Eagle City


Code Title 11A- Planned Developments Section A: Spring Valley.

6. Super pads/large parcels/future development parcels are not considered buildable lots until specific plans are provided through the Planning Unit Master Plan Approval process of ECC Title 11A-7 and re-platted and reviewed for compliance with ECC Title 11A-3.

7. The applicant shall obtain approval of the development relative to its effects on wetlands or other 5 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.

8. 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 10 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.

9. 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 15 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.

10. The City’s action on this application does not grant the applicant any appropriation of water or 20 interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application.

CONCLUSIONS OF LAW:

1. A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, Thursday, December 6, 2012, in compliance with the application submittal requirement of Eagle City Code. The applications 25 for this item were received by the City of Eagle on December 20, 2012. Subsequent updates were made on January 20, 2013, and on October 14, 2013. Final edits to the application were provided to the City on January 16, 2014, March 18, 2014, and April 10, 2014, to make the application consistent with the requirements of ECC 11A-7 as approved by the Eagle City Council on January 14, 2014 (Ord. 710). 30

2. 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 April 28, 2014. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 28, 2014. Requests for agencies’ 35 reviews were transmitted on January 17, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on April 30, 2014.

Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 21, 2014. Notice of this public hearing was mailed to property owners within three-hundred 40 feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2014. The site was posted in accordance with Eagle City code on July 29, 2014.

3. The City Council reviewed the particular facts and circumstances of this proposed planning unit master plan (PU-01-12) with regard to Eagle City Code Section 11A-7-5A “Action by the 45 Planning and Zoning Commission”, and based upon the information provided concludes that the


proposed planning unit master plan is in accordance with the following:

a. The requested planning unit master plan is in compliance with Eagle City Code Section 11A-7: Planning Unit Master Plans

i. Pursuant to ECC 11A-7-5[B]-1 “Within forty five (45) days after receiving the Planning and Zoning Commission’s recommendation , the City Council may approve, 5 conditionally approve, or deny a PUMP,” The Planning and Zoning Commission’s recommendation was issued on June 2, 2014, but due to notification issues pursuant to ECC 11A-8-13-[E][3] the public hearing before the City Council was not held until August 26, 2014;

b. The facts submitted with the application and presented to the City Council establish that: 10

i. The proposed PUMP, as conditioned herein, conforms to the Spring Valley Development Agreement; exhibit D-4 of the Spring Valley Development Agreement and the following master plans: Land Use Master Plan date stamped by the City on April 10, 2014, the Potable Water Master Plan, date stamped by the City on March 19, 2014, Wastewater Master Plan, date stamped by the City on April 10, 2014, Drainage 15 Master Plan as approved by FEMA on November 18, 2014, the Parks, Trails and Open Space Master Plan date stamped by the City on April 10, 2014, Environmental Design Master Plan, date stamped by the City on November 13, 2013.

ii. The streets and thoroughfares as proposed for Spring Valley PUMP No. 1 are suitable and adequate to carry anticipated traffic, and increased densities, if any, will not 20 generate traffic in such amounts as to overload the street network as evidenced by the Ada County Highway District approval of PU-01-12 on April 23, 2014, and by the Idaho Transportation Department letter of approval, date stamped by the City on June 27, 2013, and March 19, 2014.

iii. The Proposed residential uses are consistent with the M3/Spring Valley Development 25 Agreement in location and density. No non-residential use are proposed within PUMP No. 1.

iv. The information provided from the agencies having jurisdiction over public facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed within the PUMP area. 30

c. Spring Valley Planning Unit No. 1 is summarized as follows:

Total Planning Unit Acres: 722.4 acres Developable: 232 acres in the Southwest Planning Area

(SWPA) Future Development: 400 acres 35 Reuse/Wastewater Land Application: 90.4 acres The following calculations are based on the buildable portion of PUMP No. 1 (232 acres): Residential Units in PUMP No. 1: 249 units 40 PUMP Density: 1.07 units per acre Remaining units in SWPA: 201 units Max. Density SWPA: 1.07 units per acre Units from Base Project Density: 213.3 units Bonus Units Earned: 35.7 units 45


Base Density Units remaining in Spring Valley: 2,794.7 units Open Space: 98.2 acres

Regional Open Space: 19.6 acres 5 Community Open Space: 69 acres Collectors, Arterial and Buffers: 9.6 acres % of Developable Acres: 42.3% Minimum Open Space: 20% (46.4 acres)

10 DATED this the 14th day of October, 2014. CITY COUNCIL OF THE CITY OF EAGLE 15 Ada County, Idaho _____________________________________ 20 James D. Reynolds, Mayor ATTEST: 25 _____________________________________ Sharon K. Bergmann, Eagle City Clerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a 30 regulatory taking analysis

BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN ...

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