Findings - CC - 2022 - PP-08-20 & CU-01-22 - Preliminary Plat For Maile Meadows Subdivision And A Conditional Use Permit For A Sidewalk WaiverPage 1 of 18
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
MAILE MEADOWS SUBDIVISION AND A )
CONDITIONAL USE PERMIT FOR A )
SIDEWALK WAIVER FOR THOMAS AND )
AND COLLEEN MAILE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-08-20 & CU-01-22
The above-entitled preliminary plat and conditional use permit applications came before the Eagle City
Council for their action on October 11, 2022, 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:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Thomas and Colleen Maile are requesting preliminary plat approval for Maile Meadows
Subdivision, a 2-lot residential subdivision (re-subdivision of a portion of Lot 11, Academy Place
Subdivision). The 5.21-acre site is located on the south side of the terminus of West Rush Road at
885 West Rush Road. The applicant is requesting a waiver of the code section that requires the
construction of a public sidewalk along Rush Road adjacent to the site through the submitted
conditional use permit application.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 7:00 PM, on Wednesday October 7, 2020, in
compliance with the application submittal requirement of Eagle City Code. The preliminary plat
application for this item was received by the City of Eagle on December 16, 2020. A revised
pressurized irrigation waiver letter was received by the City on July 21, 2022. A revised preliminary
plat was received by the City on August 9, 2022. The conditional use permit application was
received by the City of Eagle on January 18, 2022.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications 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 August 17, 2022. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
August 16, 2022. Requests for agencies’ reviews were transmitted on December 28, 2020, in
accordance with the requirements of the Eagle City Code. The site was posted in accordance with
the Eagle City Code on August 25, 2022.
Notice of Public Hearing on the applications 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
September 23, 2022. Notice of this public hearing was mailed to property owners in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 21,
2022. The site was posted in accordance with the Eagle City Code on September 27, 2022.
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D. HISTORY OF REVELANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: All applications are within.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION LAND USE
Existing Estate Residential R-E (Residential Estates) Single Family Residence
Proposed Estate Residential
(No change)
R-E (Residential Estates)
(No change)
Residential Subdivision
consisting of two (2)
buildable lots
North of site Estate Residential R-E (Residential Estates) Academy Place Subdivision
(Residential)
South of site Estate Residential R-3-DA-P Corrente Bello Subdivision
(Residential)
East of site Estate Residential R-E (Residential Estates) Ranch Estates Subdivision
(Residential)
West of site Estate Residential R-E (Residential Estates) Academy Place Subdivision
(Residential)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site – 5.21-acres
Total Number of Lots - 2
Residential - 2
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units -
Single-family - 2
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels – 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.38-units per acre 0.56-units per acre, max.
Minimum Lot Size 1.80-acres 1.80-acres
Minimum Lot Width 280-feet 100-feet
Minimum Street Frontage 46.52-feet 35-feet
Total Acreage of Common Area 0-acres 0-acres (not required in the
R-E zoning district)
Percent of Site as Common Area 0% 0% (not required in the R-E
zoning district)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
This subdivision does not include any greenbelt areas, nor does it abut any highways, railroads,
commercial or industrial uses, thus it is not subject to Eagle City Code Section 9-3-7(a) which
requires a 20-foot-wide landscape strip to screen adjacent incompatible features.
Open Space:
This subdivision will be within the R-E (Residential-Estates) zoning district. The R-E district does
not require a minimum amount of open space, and none is proposed.
Storm Drainage and Flood Control:
The applicant should demonstrate that the storm water from individual lots is handled by a storm
drainage facility or the applicant should place a note on the final plat stating all storm water from
the individual lots is to be retained on the individual lots per Eagle City Code 9-4-1-10.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
The nearest available water service is located approximately 3,600-feet away from the subject
property at the intersection of West Rush Road and North Ballantyne Lane. The applicant is not
required to extend water service or install fire hydrants.
On-site Septic System: Yes
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Private or Public Streets: None proposed
Applicant’s Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None proposed
Cul-de-sac Design: None proposed
Sidewalks: None required.
Curbs and Gutters: None proposed
Lighting:
The applicant is not required to install a streetlight within their subdivision adjacent to West Rush
Road. Location and lighting specifications incorporating a “Dark Sky” style of lighting shall be
provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications
made to the lighting shall be completed before the final plat approval.
Street Names: None proposed
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: None proposed
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern – none
Evidence of Erosion – no
Fish Habitat – no
Floodplain – no
Mature Trees – yes; to be preserved
Riparian Vegetation – no
Steep Slopes – no
Stream/Creek – no
Unique Animal Life – unknown
Unique Plant Life – unknown
Unstable Soils – unknown
Wildlife Habitat – unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
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P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
City Engineer: All comments within the engineer’s letter dated July 29, 2022, are of special concern
(see attached).
City Trails and Pathways Superintendent: No pathway implications
Ada County Highway District
Central District Health
Eagle Fire Department (Revised letter issued and dated September 1, 2022; Original letter issued
and dated December 20, 2020)
Q. LETTERS FROM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE PLANNING AND ZONING COMMISSION’S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6 - Land Use
6.3 Land Use Designations
The Comprehensive Plan Foothills Future Land Use Map (adopted November 14, 2017), designates
this site as the following:
Residential - Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low density
residential land use compatible with the topography and public service capacities. Gross
density shall not exceed one single-family dwelling unit per two (2) acres.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Requirements:
Zoning
District
Maximum
Height
Minimum Yard Setbacks
Maximum
Lot
Coverage
Minimum
Lot Area
Minimum
Lot
Width Front Rear
Interior
Side
Street
Side
R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100'
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• 8-7-3-1: Purpose And Interpretation Of Conditional Use:
C. Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3 “Variances” may be permitted
through issuance of a conditional use permit.
• 8-7-3-2 General Standards For Conditional Uses:
The Commission/Council shall review the particular-facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in-fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved, or section 8-7-3-1 (C) of this chapter,
or as may otherwise be established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic-feature of
major importance.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3(C)(3) Preliminary Plat – Required Information and Data:
l. A site report as required by the appropriate health district where individual wells or septic
tanks are proposed.
• Eagle City Code Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as
when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so
as to allow for future re-subdividing into smaller parcels. Lot arrangements shall allow for
the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such
future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the
City Council prior to taking of such action.
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• Eagle City Code Section 9-3-5 (C) - Sufficient Area for Septic Tanks:
Where individual septic tanks have been authorized, sufficient area shall be provided for a
replacement sewage disposal system.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corn er
lots shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material, unless the fence is located on the property line between the required roadway
buffer area and the residential lot, in which case the fence may be a solid wood picture frame
or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is
designed so that the fence is visible from the adjacent roadway, then the fence shall include
decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and
decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted
within the above designated areas. A section within the subdivision CC&Rs shall be created
for the regulation of fences to this effect. (Ord. 566, 5-15-2007; amd. Ord. 820, 12-10-2019
• 9-4-1-6(F): Sidewalks:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), and the street is designated a local
street, sidewalks on only one side of the street may be allowed. This sidewalk exception
shall not be permitted on collectors, arterials, or section line streets.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by
a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with two inch (2") minimum caliper shade class
trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection F1 of
this section), then the trees on the side of the street with no sidewalk shall be placed within
five feet (5') of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres
and at the council's discretion, a four foot (4') wide striped path (with pedestrian
designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of
all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be
placed within five feet (5') of the edge of roadway.
• Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required. (Ord. 566, 5-15-2007)
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• Eagle City Code 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to
be served with irrigation water unless a waiver, as outlined herein, is approved by the
city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city hall)
pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the supplemental
standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable wate r
system. The operation, maintenance, associated costs, and annual inspection of the
backup connection and the backup system's reduced pressure backflow prevention
assembly shall be the responsibility of the entities as determined in "Pressure
Irrigation Standards" of this section. Individual backup connections to individual
lots by individual lot owners shall be prohibited with the exception of the common
area lots owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist (the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property.
The lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this case
a waiver shall only be granted for that portion of the subdivision that cannot be
served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling.
In these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied
within two (2) years.
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c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver is
requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section,
an undue economic hardship shall consist of a showing that the cost per lot to
develop the pressurized irrigation system would be twenty five percent (25%)
higher than the cost per lot for providing a pressurized irrigation system to
subdivisions of similar size and density constructed in the city within the previous
two (2) years; or the cost per lot of the pressurized irrigation system would exceed
five percent (5%) of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs
of construction of the pressurized irrigation system, and the co st per lot for
irrigation systems in those subdivisions built in the last two (2) years as noted
above, and the expected market value of the subdivision lots. For phased
developments, costs will be analyzed over all phases of the development rather
than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer,
as outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat application
and shall be accompanied by an irrigation report, prepared by a licensed Idaho
registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable, the
irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property. (Ord. 566, 5-15-2007)
D. DISCUSSION (Based on the revised preliminary plat received by the City on August 9, 2022):
• The applicant is requesting preliminary plat approval for Maile Meadows Subdivision, a 5.21-
acre, two (2) lot residential subdivision, as well as a conditional use permit to waive the code
section requiring a sidewalk along West Rush Road. The subdivision design complies with the
technical requirements (or will comply pursuant to the conditions outlined herein) of Eagle
City Code.
• The property is designated as Estate Residential on the Eagle Comprehensive Plan Land Use
Map with a density range of one (1) unit per two acres to one (1) unit per five acres. The
proposed Maile Meadows Subdivision includes two (2) residential lots with an overall density
of one unit per 2.86 acres.
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• The provided preliminary plat does not include a proposed public sidewalk along West Rush
Road. Eagle City Code Section 9-4-1-6(F)(1) states that, “Sidewalks, a minimum five feet (5')
wide, shall be required on both sides of the street; except, that where the average width of lots,
as measured at the street frontage line or at the building setback line, is over one hundred feet
(100'), sidewalks on only one side of the street may be allowed.” The applicant is requesting
that the requirement for a sidewalk be waived by the City Council through conditional use
permit approval. No portions of West Rush Road currently contain any sidewalk and there are
no known plans by ACHD to widen or modify the street to include sidewalks along West Rush
Road.
• The applicant is not proposing any streetlights. Per Eagle City Code Section 9-4-1-5, unless
determined otherwise by the City Council as part of the design of the subdivision, all
subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners’ association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
The applicant’s desire is to ask City Council to waive this requirement due t o the rural nature
of West Rush Road and because there are currently no other streetlights on West Rush Road.
• The applicant is requesting a waiver of the pressurized irrigation system to allow the property
owners to continue to provide irrigation water utilizing the existing pond and pump system for
Lot 2, Block 1 and gravity flood irrigation using a system of existing ditches within the
proposed Lot 1.” The applicant provided an Irrigation Waiver request to the City on November
20, 2020, and resubmitted a revised Irrigation Manual to the City on July 21, 2022 that which
has been reviewed by the City Engineer. Unless granted a pressurized irrigation waiver in
accordance with ECC 9-4-1-9(C)(2), the applicant should comply with all necessary
requirements stated within Eagle City Code Section 9-4-1-9(C).”
• The provided preliminary plat does not show onsite utilities. As plans are developed, the
applicant is to ensure that all proposed site utilities are located underground in accordance
with Eagle City Code Section 9-4-1-8.
• The applicant is proposing to retain use of the existing well and septic system that is currently
utilized by the existing residence on part of the property. The applicant is proposing to install
a new septic system and well for the additionally proposed lot. Eagle City Code Section 8-2-1
states in part that, “centralized water and sewer facilities are required for all subdivision and
lot split applications submitted after the effective date hereof in all districts exceeding one
dwelling unit per two (2) acres (R-E).”
The applicant provided a CDHD Septic System Developability letter, date stamped by the City
on March 03, 2021, to “provide evidence that individual septic systems will be approvable by
the Central District Health Department. The applicant is to review and comply with all CDHD
requirements when siting, designing, and maintaining the septic system in accordance with all
CDHD requirements and Eagle City Code sections 9-2-3 and 9-3-5.
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• The applicant submitted a pressurized irrigation waiver, date stamped by the City on July 21,
2021, stating that an alternative irrigation delivery method (gravity irrigation) to the site already
exists and will continue to be utilized. The applicant has stated that the existing flood irrigation
system that currently exists in place is sufficient to serve the proposed two lots and that the
water shares required to do so exist. The entire 5.21-acre parcel has historically been irrigated
via gravity irrigation. Should the irrigation waiver not be accepted by the City Council, the
applicant shall submit a revised preliminary plat, construction drawings, and calculations of
the pressurized irrigation that complies with the requirements of Eagle City Code Section 9-4-
1-9(C) system to the City Engineer for approval prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
September 6, 2022, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
five (5) individuals (not including the applicant/ representative) who stated:
• They will be building a home on the subdivided lot and they desire the opportunity to build a house
next to their family members who currently live in the existing house on-site and at the property
next door.
• The rural character of West Rush Road should be preserved.
• Since no other streetlights or sidewalks exist along West Rush Road, the inclusion of a sidewalk or
streetlight would not be a benefit to the neighborhood, nor would it match the character.
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony received.
COMMISSION DECISION:
The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of PP-08-20 and CU-01-22 for
a preliminary plat for Maile Meadows Subdivision and a conditional use permit for a sidewalk waiver with
the site specific conditions of approval and standard conditions of approval provided within their findings
of fact and conclusion of law document, dated September 19. 2022.
PUBLIC HEARING OF THE COUNCIL:
(Audio / Video Recording: https://eagle-id.granicus.com/player/clip/1623?meta_id=74413)
A. A public hearing on the applications was held before the City Council on October 11, 2022, 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 the applications was presented to the City Council by three (3) individuals
(not including the applicant/representative) who stated:
• As a result of the pending approval of this subdivision, they look forward to building a house that
will provide the opportunity to be close to family.
• The rural character of West Rush Road does not currently include any streetlights or sidewalks and
that they hope that its character can be preserved through not requiring either a streetlight or a
sidewalk as part of this subdivision.
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C. Oral testimony in opposition to the applications was provided to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-08-20 and CU-01-22 for a preliminary plat for Maile Meadows
Subdivision and a conditional use permit for a sidewalk waiver with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
3. Add a note to the final plat which states that, “Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of i ssuance of a building permit or
as specifically approved and/or required” prior to the final plat application submittal.
4. The applicant shall submit a revised plat with a revised plat note #7 that states, “The owner of Lot 1,
Block 1 shall have use of the pond and irrigation access easement that runs over Lot 2, Block 1, in
perpetuity” prior to the final plat application submittal.
5. The applicant shall provide a revised preliminary plat with a standard note that states, “The required
utility, drainageway, sidewalk, access, and canal easements will run with the land and be provided in
perpetuity” prior to the final plat application submittal.
6. The applicant shall demonstrate that storm water from individual lots is handled by a storm drainage
facility or shall place a note on the final plat stating that all storm water from the individual lots is to
be retained on the individual lots prior to the final plat application submittal. (ECC 9-4-1-10)
7. Any fencing located adjacent to the street side of all corner lots shall be an open fencing style such as
wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and
decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J).
8. [Removed by City Council]
9. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
10. Provide a copy of the Central District Health Department (CDHD) application and engineering report
or correspondence from CDHD indicating the subdivision has been reviewed and approved by CDHD
prior to the final plat application submittal.
11. [Removed by City Council]
12. [Removed by City Council]
13. [Removed by City Council]
14. The applicant submitted a pressurized irrigation waiver stating that an alternative irrigation delivery
method (gravity irrigation) to the site already exists and will continue to be utilized. If the waiver
request is approved by the City Council, the pressurized irrigation waiver request is hereby granted.
15. [Removed by City Council]
16. Any overhead utilities serving the site shall be located underground. (ECC 9-4-1-8)
17. [Removed by City Council]
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18. The applicant shall provide a revised preliminary plat with a new plat note that references a recorded
Flood Irrigation Agreement (Instrument No. ), to be recorded with Ada County, stating the flood
irrigation system will be owned and maintained in perpetuity by the Maile Meadows Subdivision prior
to the final plat application submittal.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house front
to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City
Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in
the drainage easements. The approved drainage system shall be constructed, or a surety shall be
submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R’s shall contain
clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer
signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the
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drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage
easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's
specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer,
for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any
dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside
or outside of the public right-of-way the perpetual maintenance of the street lights shall be the
responsibility of the applicant, subdivider, business owner, homeowner, or homeowner’s/business
owner’s association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the “Dark Sky” concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and as
may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
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accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle
City Attorney which provide for the use, control and mutual maintenance of all common areas, storage
facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City
Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or
walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission
prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise River
floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City
Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and/or Council.
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29. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change. Any change by the applicant in the planned use of the
property which is the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant
or its successors in interest submits application to the City of Eagle for a change to the planned use of
the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 “Land Subdivisions” until the final plat has received the approval of the City Council (ECC 9-6-5 (A)
(2)).
After Council approval of the final plat, the applicant may construct any approved improvements before
the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance
in the amount of 150% of the total estimated cost for completing any required improvements (see
resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a
Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City’s actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that “Digline” has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4’ x 4’ plywood or other hard surface
sign (mounted on two 4”x 4” posts with the bottom of the sign being a minimum of 3 -feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
37. Owner shall provide a “Heavy Truck Traffic Plan” to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic
routes shall maximize use of highways and major arterials while minimizing use of smaller residential
streets. The plan will also cite that compression braking is prohibited everywhere in Ada County.
Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring
compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved
by staff prior to the issuance of a “Notice to Proceed” with construction letter.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-08-
20) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of R-E (Residential
Estates) since it is already zoned as R-E and both of the lots proposed to be created through the
subdivision will meet or exceed the 1.8-acre minimum lot size requirement and will meet all
required setback, building height, and lot coverage requirements associated with the R-E zone;
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Estate Residential and provides the required improvements for a subdivision or as may be
conditioned herein;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area;
d. Will not create excessive additional requirements at public cost for facilities and services as the site
will be served by individual septic systems and will receive potable water from individual wells.
Fire protection will be available from the Eagle Fire Department;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That any health, safety and environmental problems that were brought to the Commission’s
attention have been adequately addressed by the applicant or will be conditions of the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
2. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU-01-
22) in terms of Eagle City Code Section 8-7-3-2, “General Standards For Conditional Uses” and has
concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since
the requirement to install a sidewalk along a residential street may be waived with the approval
of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), (as shown
within the findings provided within this document), with the conditions provided within this
document;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will
not change the essential character of the same area since no other sidewalks exist along the
entirety of West Rush Road;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since Ada County
Highway District does not currently have plans to expand West Rush Road and not including
a sidewalk will not impact any potential future pedestrian network;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community,since the applicant will
bear all costs of development including the addition of septic and potable water (individual
wells);
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons,property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors, since the transportation system has
been found to be adequate by the ACHD and since the development is not expected to generate
any noise, smoke,fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares as approved by the ACHD;and
I. Will not result in the destruction,loss or damage of a natural,scenic or historic feature of major
importance, since the current land use already exists as a residential property and the proposed
residential lot will be developed on existing residential land.
3. Pursuant to Eagle City Code 8-7-3-5(F),a conditional use permit shall not be considered as establishing
a binding precedent to grant other conditional use permits.
DATED this 25th day of October,2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J on 'erce,Mayor
A EST:
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