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Findings - CC - 2025 - RZDA-2024-03 & PP-2024-02 - Riverbend Commons Sub Rezone, DA & Preliminary PlatPage 1 of 49
K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons Sub-Findings CC.docx
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A-R [AGRICULTURAL- )
RESIDENTIAL] TO MU-DA [MIXED USE WITH A )
DEVELOPMENT AGREEMENT (IN LIEU OF A PUD )
AND CONDITIONAL USE PERMIT)], A )
DEVELOPMENT AGREEMENT MODIFICATION, AND )
PRELIMINARY PLAT FOR RIVERBEND COMMONS )
SUBDIVISION FOR MCCAULEY INVESTMENTS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZDA-2024-03 & PP-2024-02
The above-entitled rezone with a development agreement [in of a PUD and Conditional Use Permit] and
preliminary plat applications came before the Eagle City Council for their action on February 11, 2025, 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:
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
McCauley Investments LLC, represented by Dave Yorgason with Tall Timber Consulting, is
requesting a rezone from A-R (Agricultural-Residential) to MU-DA (Mixed Use with a
development agreement) [in lieu of a PUD and Conditional Use Permit ]), a development agreement
modification, and preliminary plat approval for Riverbend Commons Subdivision, a 23-lot (21-
buildable [20-commercial; 1-residential]; 2 common lot) mixed use subdivision. The 14.00-acre
site is comprised of six (6) parcels and is generally located 1,500-feet southwest of the intersection
of State Highway 44 and South Urban Gate Avenue at 2603, 2611, 2755 and 2785 West State
Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on July 8, 2024, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on August 20, 2024. A revised narrative was received by the City on
December 4, 2024. A revised plat and representational architectural imagery was received by the
City on December 21, 2024. A revised preliminary plat and alternative concept was received by
the City on December 30, 2024. A revised Exhibit C-2 was received by the City on
December 31, 2024.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on December 22, 2024. Notice of this public hearing was mailed to property owners
within five-hundred feet (500-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on December 19, 2024. The site was posted
in accordance with the Eagle City Code on December 30, 2024. Requests for agencies’ reviews
were transmitted on August 28, 2024, in accordance with the requirements of the Eagle City Code.
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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
January 26, 2025. 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 January 23, 2025.
The site was posted in accordance with the Eagle City Code on January 28, 2025.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 27, 2016, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition – Ada County Designation) to MU-DA (Mixed Use with a development
On November 1, 2016, the City Council a development agreement for Richard and Sharon Terry
for parcels No. S0507346750 and S0507346775.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT’S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant’s narrative date stamped by the City on August 20, 2024 (attached to staff report).
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Professional
Office/Business Park;
Mixed Use
MU-DA (Mixed-Use with a
development agreement),
A-R (Agricultural-
Residential)
Single family
residence; vacant
parcels
Proposed No change MU-DA (Mixed-Use with a
development agreement)
Commercial
subdivision; single
family residence to
remain
North of site Large Lot
R-1 (Residential), RUT
(Rural-Urban Transition –
Ada County designation)
Single-family
residential
subdivision
(Timberland Estates
Subdivision)
South of site Neighborhood RUT (Rural-Urban Transition
– Ada County designation) Boise River
East of site Mixed Use MU-DA (Mixed-Use with a
development agreement)
Commercial and
residential
subdivision
(Stillwater
Subdivision)
West of site Professional
Office/Business Park
MU-DA (Mixed-Use with a
development agreement)
Single family
residence; vacant
parcels
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H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site – 14.00 acres
Total Number of Lots – 23
Residential – 1 (existing residence to remain)
Commercial – 20
Industrial – 0
Common – 2
Total Number of Units – 1
Single-family detached – 1 (existing to residence to remain)
Single-family attached / Two-family – 1 (only if the single-family
detached above is modified or removed, as approved through this
agreement.)
Multi-family - 0
Total Acreage of Any Out-Parcels – none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.14
0.14-units per acre (as limited
within the development
agreement)*
Minimum Lot Size 6,098-square feet 5,000-square feet
Minimum Lot Width 41.67-feet 41.67-feet
Minimum Street Frontage 0-feet 0-feet
Total Acreage of Common Area 4.13-acres* 2.81-acres (minimum)
Percent of Site as Common Area 29.4%* 20% (minimum)
* Inclusive of the commercial landscaped areas, parkway strips, and common lots.
J. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
Landscape Screening:
The applicant is proposing a 20-foot-wide common lot (inclusive of a 10-foot-wide sidewalk and a
10-foot-wide landscape strip within a common lot located adjacent to State Highway 44).
Sheet L1.1 “Conceptual Landscape Plan South” shows a proposed enhanced landscape buffer along
the eastern property line where development abuts the existing residential portion of the Stillwater
development.
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Open Space:
A total of 4.13-acres, approximately 29.4% of the property is open space and is dispersed among
the two common lots (Lot 1, Block 1, and Lot 1, Block 2) adjacent to State Highway 44 and
throughout the commercial portion of the property.
Green Belt Areas:
The preliminary plat, date stamped by the City on December 30, 2024, shows two 20 -foot-wide
common lots (Lot 1, Block 1, and Lot 1, Block 2) located adjacent to State Highway 44 that are
inclusive of a 10-foot (10’) wide concrete sidewalk that will connect the future 10-foot (10’)
sidewalk from the Stillwater development to the east to a future extension of the greenbelt pathway
system to the east.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed
and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff
runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement.
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. The
preliminary plat, date stamped by the City on December 30, 2024, indicates public utility, irrigation,
and lot drainage easements will provided through blanket utility easements throughout the parking
areas. Any overhead power or utility lines are required to be routed underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System: No. Any on site septic system will be required to be abandoned.
Pressurized Irrigation:
The applicant provided an irrigation rotation letter provided by the Ballentyne Ditch Company,
dated April 27, 2023, stating the rotational requirements and share irrigation water share allotment
associated with the property (14 shares). The applicant will be required to submit construction
drawings of the proposed pressurized irrigation system at the time of the submittal of a final plat.
Preservation of Existing Natural Features:
The applicant submitted a Natural Features Analysis, dated August 16th, 2024, prepared by Duran
Environmental Consulting, LLC. The Natural Features Analysis outlines wetland and riparian areas
and states that there are no sensitive plant or animal species on site. Staff is not aware of any existing
natural features on the site which would be required to be preserved.
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.
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K. STREET DESIGN:
Public Streets: The public streets are to be designed and constructed pursuant to the ACHD report,
dated October 4, 2024.
South Pinedale Way, as designed, is to align with North Pinedale Way and will provide right -
in/right-out/left-in access from State Highway 44 with an eastbound right turn lane, per ACHD’s
recommendation.
West Copper Silo Street has been designed as a collector and to be a continuation of the street from
the east within the Stillwater development. This street and will provide a segment of the desired
frontage road to the south of State Highway 44 as specified within the SH-44 & Ballantyne Planning
Area section of the 2017 Eagle is HOME Comprehensive Plan that states, “A new internal collector
parallel to SH‐44 should be built at the time of development to connect the signal at Ballantyne
Lane to the signal at Eagle Island State Park (Fisher Parkway) to move traffic within the area.
The remainder of the vehicular circulation within the site is comprised of commercial drive aisles.
Blocks Less Than 500': None.
Cul-de-sac Design: None.
Sidewalks:
The street section shown on Page PP-1.0 of the preliminary plat, date stamped by the City on
December 30, 2023, shows 5-foot-wide detached sidewalks located on each side of South Pinedale
Way and West Copper Silo Street sections. The sidewalks will provide public access from State
Highway 44 on a north-south access along South Pinedale Way into the development and will
provide a continuation of the east-west pedestrian access from the Stillwater development to the
east through the subject property and to the western property boundary for future access.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
Lighting:
Lighting for the proposed public streets is required. 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.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
The applicant is proposing to construct 5-foot-wide attached sidewalks on both sides of the each of
the public streets. The applicant is also proposing a 10-foot-wide detached sidewalk/pathway along
the southern perimeter of the State Highway 44 right of way.
Bike Paths:
The preliminary plat, date stamped by the City on December 30, 2024, shows two 20-foot-wide
common lots (Lot 1, Block 1, and Lot 1, Block 2) located adjacent to State Highway 44 that are
inclusive of a 10-foot (10’) wide concrete sidewalk that will connect the future 10-foot (10’)
sidewalk from the Stillwater development to the east to a future extension of the greenbelt pathway
system to the east. Additionally, the street rights-of-way will be accessible for bicycle use.
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M. PARKING ANALYSIS:
Land Use: Parking Requirements per ECC Section 8-4-5: Total Required:
Office (Business and
Professional)
1 space per 250
square feet 4,500-square feet 4,500/250
= 18 18-parking spaces
Sports Plex
(Pickleball/Tennis) 3 per court required 13-courts 13*3 = 52 39-required
parking spaces
Sports Plex
(Basketball/Volleyball)
3 per court required;
10 per court (per
applicant)
8-courts 10*8 = 80 80-required
parking spaces
Sports Plex (Medical
Office)
1 space per 200
square feet 8,000-square feet 8,000/200
= 40
40-required
parking spaces
Retail 1 space per 250
square feet
16,300-square
feet
16,300/250
= 65.2 66-parking spaces
Flex Space 1 space per 500
square feet
28,000-square
feet
28,000/500
= 56 56-parking spaces
Restaurant with drive-
through
1 space per 200
square feet; plus
queue space for 5
cars for drive up
service
6,300-square feet 6,300/200
= 31.5 32-parking spaces
Community Event
Indoor
10 spaces per 1,000
square feet 8,650-square feet 8,650/100
= 86.5 87-parking spaces
Single-family dwelling
(lots 15,000 square feet
or more)
2 - - 2-parking spaces
TOTALS:
Total Parking Required 420-parking spaces
Total Parking Required (with 15% reduction) 357-parking spaces
Total Parking Proposed 396-parking spaces
The applicant is requesting a parking reduction of 15% from the required 420 required parking
spaces through the utilization of a joint/collective parking facility that allocates parking to
individual buildings/uses according to their specific needs factoring the type of business and their
days/time of operation, pursuant to ECC Section 8-4-4-3, which provides the City the discretion to
consider a maximum reduction in parking not to exceed 20% of the required total, so long as the
provisions of Chapter 8-4 have been met.
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N. PUBLIC USES PROPOSED:
The applicant is proposing a 10-foot (10’) wide concrete sidewalk/pathway within a 20-foot (20’)
wide common lot along the entirety of the northern property boundary adjacent to State Highway
44. This pathway will be a continuation of the green belt system con necting to the pathway within
the Stillwater development, when completed, to the east and will provide a stub for future
connectivity when the property to the west develops in the future.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisitions map currently exists.
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served with potable water from Veolia Water. The Eagle Sewer District
provided an email, dated September 13, 2024, which indicated the property has not yet been
annexed into the District and that construction drawings to verify allowable pipe slope are required
to be submitted to the District for review.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern – No
Evidence of Erosion – No
Fish Habitat – No
Floodplain – Yes
Mature Trees – Yes; adjacent to existing residential dwellings and along the southern property line.
Riparian Vegetation – Yes
Steep Slopes – No
Stream/Creek – No
Unique Animal Life – No, per the submitted Natural Features Analysis
Unique Plant Life – No, per the submitted Natural Features Analysis
Unstable Soils – No
Wildlife Habitat – Unknown.
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant submitted a Natural Features Analysis, dated August 16th, 2024, prepared by Duran
Environmental Consulting, LLC. The Natural Features Analysis outlines a variation of forested
wetland, riparian area, riverine wetlands, and shrub wetlands. The vegetation on site largely
consists of shrubs, forbs, graminoids, and a variety of tree species including Cottonwoods and
Willows. The soils are largely loam within the northern portion and sandy towards the southern
edge of the property.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
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4. That the development does not involve uses, activities, processes, materials, equipment, and/or
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.
5. That the development 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.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large - scale PUDs (incorporating eleven (11) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
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T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
City Engineer: All comments within the Engineer’s letters dated December 4, 2024, are of special
concern and is attached to the staff report.
Ada County Highway District
Department of Environmental Quality
Idaho Transportation Department
Eagle Fire Department
Eagle Sewer District
Eagle Historic Preservation Commission
U. LETTERS FROM THE PUBLIC: No letters from the public have been 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 CITY COUNCIL’S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Map 6.1 / Figure 6.7 Land Use Map Designations:
The Comprehensive Land Use Map (adopted November 15, 2017), designates portions of this site
as the following:
Non-Residential:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined
on a site by site basis. Uses should complement and not take away from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or development agreement process. See the planning area text for a complete description of
site specific uses.
Professional Office / Business Park
Suitable primarily for the development of technical park/research and development facilities,
professional office/office complexes, and limited manufacturing activities, including small -scale
production, distribution, and storage of goods. Support activities may also be permitted. Retail may
be permitted as an ancillary use within this land use category. Smaller medical uses such as dentist
offices and other outpatient clinics are also encouraged. All development within this land use shall
be designed to be within a landscaped setting and be free of hazardous or objectionable elements
such as noise, odor, dust, smoke, or glare. Such development should be operated entirely within
enclosed structures and generate minimal industrial traffic. Development within this land use
designation should be required to proceed through the PUD process.6.4 General Land Use Goals
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Special Use Areas:
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry
Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space
because of the nature of the floodway which can pose significant hazards during a flood event.
Floodway areas are excluded from being used for calculating residential and development densities.
Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands
area that is open to and usable by the public for open space, such as pathways, ball fields, parks, or
similar amenities, as may be credited toward the minimum open space required for a development,
if approved by the City Council.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown
on the Land Use Map, the adjacent land use designation shown shall be considered to abut the
actual floodway boundary.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow
Creek Scenic Corridor that is to provide increased setbacks and buffering of development including
natural vegetation and restoration, regional trails and connectivity.
6.4 General Land Use Goals
C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation
corridors, will lend themselves to increased activity and non‐residential uses while preserving
larger areas for residential neighborhoods.
D. Preserve the function of regionally significant roadways transecting the city while ensuring
compatibility with land uses and design standards of the city.
E. Identify areas that will provide employment opportunities to the residents of the city of eagle,
thereby supporting the city as a desirable place to live, work, and recreate.
6.4.3 General Land Use Implementation Strategies
D. Allow for planned activity centers and nodes to provide commercial and non-residential needs
within the City; discourage the development of strip commercial.
W. Limit non‐residential uses to designated areas. The scaling, design, and intensity of these areas
will be paramount to the approval of these uses.
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6.16.1 SH-44 & Ballantyne Land Uses:
A. The area is to be developed as a mixed‐use node with business/technical park, residential,
commercial, and limited ancillary uses.
B. The area should be designed to capitalize on the Boise River by providing trails and open space
throughout the area and ensuring public access to the river.
C. The area should be designed to provide sufficient space for corporate headquarters, emerging
technical uses (integrated with commercial uses), and residential uses in a park‐like setting.
D. This area is intended to serve as a unique location for business and technical uses within the City
of Eagle to encourage the location of clean industry into the City while buffering between the Eagle
Sewer District Sewer Treatment facility to the east and Eagle Island State Park to the west.
E. Commercial uses may be considered as complementary uses which should not exceed 10% of the
total land area of the SH‐44 & Ballantyne Planning Area. Commercial uses are intended to be
complementary to the business and technical uses in the planning area and serve as a buffer
between the residential uses and SH‐ 44. Strip commercial uses should be discouraged. Highway‐
oriented uses should be strategically placed at signalized intersections and designed to
accommodate the goals of the Scenic Corridor.
F. The area north of the Boise River should be improved with pathways and other amenities to
encourage active recreation and passive enjoyment of the river and riparian area consistent with
Chapter 7: Natural Area.
G. Special care should be taken in riparian areas and the floodway/floodplain to preserve the natural
drainage and filtration of run off to the Boise River and allow for undisturbed wildlife areas along
the river.
H. All uses in the planning area should be designed with consistent architecture, landscape, and
signage as well as community design and art elements to create a campus feel throughout the
business and commercial area.
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I. Residential uses (including single family, live/work, condos, and temporary/corporate housing)
should be considered as complementary uses in this area and should be scaled and designed to be
pedestrian‐friendly to establish a village feel along collector roadways.
J. Formalized public access and parking should be developed to provide residents, employees, and
guest access to the greenbelt and river, similar to the access provided in the Eagle River Area.
6.16.2 SH-44 & Ballantyne Access:
C. A new internal collector parallel to SH‐44 should be built at the time of development to connect
the signal at Ballantyne Lane to the signal at Eagle Island State Park (Fisher Parkway) to move
traffic within the area. All single‐parcel access points to the State Highway should be eliminated
during the development process. (See Future Roadways Map 8.6)
D. A pathway and trails network should be encouraged to provide pedestrian access along the Boise
River connecting the SH‐44 & Ballantyne Planning Area to the existing City pathway system.
6.16.3 SH-44 & Ballantyne Design:
A. All commercial uses in the planning area should be designed with a park‐like setting
appropriately scaled so as to complement and not overpower the office and residential uses.
B. The area should be developed with consistent and complementary architecture, landscape, and
signage to enhance the small pedestrian‐friendly, mixed‐use feel.
C. The design should capitalize on the extension of Old Valley Road and bring activities
and uses closer to the collector road, creating a pedestrian‐friendly area that encourages
pedestrian circulation from the greenbelt and the residential areas, while also servicing
auto traffic.
D. The planning area should be designed to be internally focused, providing the ability to
capture or collect trips for the larger planning area with some limited trip capturing from
SH‐44 and adjacent residential areas.
E. Common parking areas to the sides of buildings with shared parking should be
encouraged to minimize walking distance between businesses and providing a
welcoming feel to pedestrians and bicyclists entering the area.
F. Signage should be uniform and should be focused to the interior of the development
along the parallel collector to ensure that the highway rights‐of‐way are not cluttered
with individual and monument signs. The planning area should include a single
monument entry sign at the signalized intersections to establish place making reference.
Consistent design elements should be repeated throughout the area to establish and
maintain identity. Tall landscape berms should be avoided along SH‐44 to prevent
business and commercial buildings from being obscured, but a landscaping buffer should
be significant enough to separate the uses from the State Highway and instill a park‐like
atmosphere.
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6.16.4 SH-44 & Ballantyne Issues of Concern:
A. One of the main concerns in developing this area for a variety of uses is the need to maintain a
balance among the various employment opportunities that the Business Park and Mixed‐Use
designations affords. The goal is to create an environment where a broad range of employment
opportunities are available. To achieve this goal, commercial development must be limited to uses
intended to serve the business uses and should be limited to 10% of the total planning area and
should be designed to serve the planning area and regional greenbelt users; big box uses should be
prohibited. Any approved highway‐oriented uses must adhere to stringent design guidelines in
order to conform to the goals of the Scenic Corridor where applicable.
B. If deemed necessary, the planning area should identify a site for an electrical substation. If a
substation is not sited early in the development of the area, it is likely the intent of this planning
area to function as a technical park will be limited.
C. If single‐family residential uses are located in this area, special attention should be given to the
transition between business/technical/commercial uses and single‐family residential uses.
Transitional uses could include open space, live/work units, or light office uses. Single‐use
development (i.e., residential only, office only) should be discouraged in the area. Without a
balance of uses, the intent to create a live, work, and play environment will be compromised.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
ARTS AND CRAFTS SHOWS (OUTDOOR): Display and sale of painting, sculpture, handicrafts
and similar objects.
BED AND BREAKFAST FACILITY: An owner-occupied facility providing overnight
accommodations and breakfast food service to no more than twelve (12) guests at any one time.
No cooking shall be allowed in guestrooms and only breakfast food shall be provided to guests.
Bath facilities shall be shared by no more than two (2) guestrooms.
BOARDING HOUSE, LODGING HOUSE, DORMITORY: A building other than a hotel or motel
where meals and/or lodging are provided for compensation to three (3) or more unrelated persons,
but less than twelve (12) persons, who are not transients, and kitchen facilities are not provided in
the individual rooms.
CHILDCARE FACILITY: Any facility where children regularly receive care and supervision,
usually unaccompanied by the children's parents, guardians or custodians, and regardless of
whether the facility does or does not provide any instruction. This use excl udes the case of: a) the
operator's children or legal wards or children related by blood or marriage, b) occasional personal
guests, and c) children aged twelve (12) years and over. Any home, place, or facility providing
overnight custodial services for lodging or boarding for the occupants therein shall not be
considered a childcare facility.
C. Daycare center: A childcare facility for thirteen (13) or more children.
LIVE ENTERTAINMENT EVENTS: Temporary concerts and other cultural events lasting less
than seven (7) days or ongoing occasional events such as barn dances, square dances, weddings
and receptions; temporary events such as corn mazes, hayrides, retail pumpkin patches and petting
zoos lasting less than forty five (45) days per calendar year.
RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating, which
includes drive-up window service for ordering food to go.
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RETAIL SALES:
A. General: The retail sale of merchandise not specifically listed under another use classification.
This classification includes department stores, clothing stores, video stores, and furniture
stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,
jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods,
bicycles, kitchen utensils, hardware, appliances, art antiques, art supplies and services, paint
and wallpaper, carpeting and floor coverings, and office supplies.
B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering, and
similar uses.
C. Pharmacies And Medical: Establishments primarily selling prescription drugs, and medical
supplies and equipment.
D. Artisan: Handmade items, foodstuffs, and crafts made on the premises. Artisan sales is the only
retail sales subclassification that is permitted as part of a home occupation use.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties,
the dedication of which has been officially accepted. The term "street" also includes the terms
highway, thoroughfare, parkway, road, avenue, boulevard, lane, place or other such terms.
Access Street: A minor street which has the primary purpose of providing access to abutting
properties.
• Eagle City Code Section 8-2-1: Districts Established, Purposes, and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall
occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent
parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use
permit shall be required unless the proposed use is shown as a permitted use in the MU zoning
district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20)
dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning
district, a development agreement may be utilized in lieu of the PUD and/or conditional use process
if approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process. (Ord. 673, 11-27-2012)
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Arts and crafts shows, bed and breakfast facilities, boarding or lodging house or dormitory,
commercial entertainment facilities (indoor), daycare centers, live entertainment events, restaurant
(with drive-through), retail sales (general), retail sales (limited), and residential (single-family
attached dwelling, single-family dwelling (existing), and two-family dwellings located within an
MU (Mixed Use) zoning district require the approval of a conditional use permit.
Cemetery, drive-in theater, and residential (mobile home; all) located within an MU (Mixed Use)
zoning district require the approval of a conditional use permit located within an MU (Mixed Use)
zoning district require the approval of a conditional use permit.
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• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
District
Maximum
Height Front Rear Interior
Side
Street
Side
Maximum
Lot
Covered
Minimum
Lot Area
Minimum
Lot
Width
MU 35' 20' 20' 7.5' 20' 50% 5,000 SF 50'
C-1 35' 15' 0' 0' 10' 50% 2,000 SF 25'
C-2 35' 15' 0' 0' 10' 50% 2,000 SF 25'
I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be the
minimum lot width specified within the zoning district or 35-feet, whichever is less.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
B. Landscape As Percent of Site:
2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area, may be included in the ten percent (10%)
landscape coverage requirement.
K. Parking Lot Landscaping:
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordin ation among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along
the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree
and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway
openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way and
the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative block
or concrete fence if the board finds the following:
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(A) The applicant must design, document, and obtain city approval representing
that the overall planting design, at the time of planting, results in an effective
barrier such that the landscape strip shields the view of parked cars from
passing pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site
design of the entire project and is compatible with the surrounding area.
Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be considered
as providing parking spaces for any other use except where a joint/collective parking facility
has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by the
applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
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b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses
has not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent (20%) of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty
percent (20%) of the sum of the number required for each use served unless a conditional
use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided. (Ord. 309, 1-27-1998)
• Eagle City Code Section 8-7-3-1: Purpose and Interpretation of Conditional Use:
D. Conditions of Permit:
A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing
daily, and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location, design, size, method
of operation, circulation and public facilities that each specific use must be considered
individually.
B. Interpretation of Conditional Use: Any use which is permitted as a conditional use in a
district under the terms of this title shall not be deemed a nonconforming use in such
district, but shall, without further action, be considered a conforming one.
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.
• Eagle City Code Section 8-7-3-5(D): Conditions of Permit:
Upon granting of a conditional use permit, conditions may be attached to said permit
including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
(Ord. 40, 10-1978, rev. 9-1980)
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D. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2: Streets and Alleys:
9-3-2-1: Location and Design:
Street and road location and design shall conform to the following standards:
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-
de-sac or temporary cul-de-sac. A reserve street may be required and held in public
ownership.
E. Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be required
that there be frontage roads approximately parallel to and on each side of such arterial
street; or, such other treatment as is necessary for the adequate protection of residential
properties and to separate through traffic from local traffic.
J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than ten feet (10'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than ten feet (10'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet (6'). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty-five foot (25') wide pedestrian
access easement.
F. Sidewalk Design:
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'), sidewalks on only one side
of the street may be allowed.
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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 three inch (3") 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.
F. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code, Section 10-1-8-5: Subdivisions:
D. Base flood elevation data shall be provided for subdivision proposals and other
proposed development located within any area of special flood hazard.
E. All subdivision plats shall identify and designate the 100-year floodplain boundary and
the floodway boundary including a certification by a registered surveyor that the
boundaries were established consistent with the FIRM map (in effect at the time of
approval of the plat) for the city of Eagle. All subdivision plats shall contain a note or
notes that warn prospective buyers of property that sheet flooding can and will occur
and that floods of greater magnitude may inundate areas outside identified floodway
and floodplain boundary lines.
Within the special flood hazard areas designated as zone A (also known as unnumbered
A zones) and established in section 10-1-6, where no base flood elevation (BFE) data
has been provided by FEMA, the following provisions, in addition to the provisions of
section 10-1-8-2 and section 10-1-8-6, shall apply.
The BFE used in determining the flood protection elevation (FPE) shall be based on
the following criteria:
3. All subdivision, manufactured home park, and other development proposals shall
provide base flood elevation (BFE) data if development is greater than five (5)
acres or has more than fifty (50) lots/manufactured home sites. Such base flood
elevation (BFE) data shall be adopted by reference in accordance with section 10-
1-6 and utilized in implementing this chapter. The applicant/developer shall submit
an application for a conditional letter of map revision (CLOMR) prior to
preliminary plat approval and have obtained a letter of map revision (LOMR) prior
to any building permits for structures being issued.
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G. DISCUSSION:
Note: All references to the preliminary plat refer to the preliminary plat date stamped by the City on
December 30, 2024.
• These applications went before the City of Eagle Parks, Pathways and Recreation Commission
(PPRC) on November 21, 202, and their recommendations are contained as site specific conditions
of approval within the staff report. The applicant should comply with the PPRC’s
recommendations, unless otherwise directed by the City Council.
• The applicant should be required to install the sidewalk and landscape improvements, including
any berming, walls, trees, shrubs, groundcovers, and irrigation, within the common lots (Lot 1,
Block 1, and Lot 1, Block 2) adjacent to State Highway 4 4 in their entirety with the first phase of
development and prior to the issuance of the first certificate of occupancy associated with the
property.
• The owner should be required to landscape and maintain the area between the northern most portion
of the property to within 9-feet of the paved surface of State Highway 44. The applicant should
submit a landscape plan that includes this area to be sodded turf. The landscape plan should b e
reviewed and approved by the Design Review Board and the City Council prior to installation of
the landscaping. The owner should provide a recorded copy of the ITD license agreement
associated with the landscaping located within the right-of-way area. The landscaping should be
installed prior to the city clerk signing the first final plat.
• The property is located adjacent to State Highway 44 and within the Scenic Corridor overlay within
the City’s Eagle is Home Comprehensive Plan. The Comprehensive Plan states that the scenic
corridor is intended to provide significant setbacks from major corridors through the city. These
areas may require berming, enhanced landscaping, detached meandering pathways and appropriate
signage controls. The applicant has included a 10-foot (10’) wide sidewalk within 20-foot (20’)
wide common lots (Lot 1, Block 1, and Lot 1, Block 2) adjacent to State Highway 44. The proposed
buildings (Lots 12-15 , Block 1 (Retail), Lot 2, Block 1 (QSR), and Lot 2, Block 2 (Office)) adjacent
to State Highway 44 are located 40-feet (40’), 50-feet (50’), and 40-feet (40’) away from the
property’s northern boundary line, respectively. To create a sense of uniformity and buffering along
State Highway 44, the applicant should be required to install a 30 -inch (30”) high earthen berm
(ECC Section 8-2A-7(K)(2)(b)) and plant, at a minimum, one shade tree and ten (10) shrubs) per
thirty five (35) linear feet of frontage, excluding driveway openings, (ECC Section 8-2A-
7(K)(2)(a)) within the 10-foot (10’) wide landscape strip between the southern edge of the sidewalk
within Lot 1, Block 1, and Lot 1, Block 2 and the northern facades of the buildings within Lots 12-
15, Block 1, Lot 2, Block 1, and Lot 2, Block 2). The improvements should be installed in their
entirety with the first phase of development or prior to the issuance of the first cert ificate of
occupancy associated with the property.
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• Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed-Use District land uses
allowed by the Eagle City Code Section 8-2-3 “Official Schedule of District Regulations”, existing
at the time a design review application or conditional use permit application (whichever the case may
be) is made for individual building use.
All uses shown as “P” permitted under the MU zoning designation within Eagle City Code Section
8-2-3 “Official Schedule of District Regulations,” shall be considered permitted uses and all uses
shown as “C” conditional uses under the MU zoning designation shall require a conditional use
permit except that the following uses shown as “C” conditional uses in Eagle City Code Section 8-2-
3 shall be approved conditional uses approved with this development agreement, as specifically noted
below, within the Property:
▪ “Arts and Crafts Shows” shall be permitted within the building typologies listed as Sports
Complex, Office Flex, Existing Home, and Community Event Building on Exhibit C-1 and
Exhibit C-2.
▪ “Bed and Breakfast Facilities” shall be permitted as an ancillary use within the building
typologies listed as Existing Home and Community Event Building on Exhibit C-1 and
Exhibit C-2.
▪ “Boarding or Lodging House or Dormitory” shall be permitted as an ancillary use within the
building typologies listed as Existing Home or Community Event Building on Exhibit C-1 and
Exhibit C-2.
▪ “Commercial Entertainment Facility (Indoor)” shall be permitted within the building
typologies listed as Sports Complex, Office Flex, and Retail on Exhibit C-1 and Exhibit C-2.
▪ “Daycare Center” shall be permitted within the building typologies listed as Existing Home,
Office Flex, and Office (within buildings 2,300 square feet or less) on Exhibit C-1 and
Exhibit C-2.
o If a daycare center use is proposed, the applicant should be required to submit a vehicular
circulation plan reflecting proposed drop-off and pick-up routes and hours of operation at
the time of the submittal of a change of tenant/change of use application to the City, to be
reviewed and approved by City staff.
o A conditional use permit is required if a daycare center that occupies an “Office” building
that is greater than 2,300 square feet in size.
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▪ “Live Entertainment Events” shall be permitted within the building typologies listed as
“Existing Home” and “Community Event Building” on Exhibit C-1 and Exhibit C-2.
o All live entertainment events shall be limited to a maximum of 350 attendees.
o For “large events,” (considered to be 151 or more occupants) there shall be a maximum of
104 events per calendar year. The hours of operation shall be limited to 5:00pm-10:00pm
on weekdays (Monday through Friday) and 6:00am-10:00pm on weekends (Saturday and
Sunday).
o For “small events” (considered to be 150 or fewer occupants) there shall be no maximum
number of events, and the hours of operation shall be limited to be 6:00am-10:00am every
day of the week.
▪ “Restaurant (with drive through)” shall be permitted within the building typology listed as
“QSR” on Exhibit C-1 and Exhibit C-2.
▪ Retail Sales (General) and Retail Sales (Limited) shall be permitted within the building
typology listed as “Retail” on Exhibit C-1 and Exhibit C-2.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property, the following uses shall also be prohibited on the Property:
▪ Residential, Mobile Home (Single Unit Primary Residence);
▪ Residential, Mobile Home (Single Unit Temporary Living Quarters);
▪ Residential, Mobile Home Court (RV)
▪ Residential, Mobile Home Park;
▪ Adult Business;
▪ Cemetery;
▪ Drive-In Theatre;
▪ Equipment Rental and Sales Yard;
▪ Kennel (limited boarding shall be permitted [resident’s pets only]);
▪ Mortuary;
▪ Riding Academies/Stables;
▪ Small Engine Repair;
▪ Storage (fenced area)
• If the existing residential dwelling within Lot 5, Block 3, is used for any use other than a single -
family residential dwelling, the owner shall obtain all necessary building permits, all required design
review approvals, plat approvals (as required), and update the joint parking agreement to include the
proposed commercial use prior to receiving the required change of use or change of tenant approval.
• If the existing residential dwelling within Lot 5, Block 3, is ever converted to commercial use, it shall
not also remain as a residential dwelling, unless that commercial use is approved as a home
occupation, pursuant to the requirements of Eagle City Code section 8-3-5(L).
• The applicant has submitted two (2) concept plans (Exhibits C-1 and C-2) that shows different
proposed floorplans for the two (2) sports complex buildings within Lots 1 and 2, Block 3, to allow
for design flexibility dependent on specific uses within each building. City staff recommends that the
total square footage of the two (2) sports complex buildings within Lots 1 and 2, Block 3, should not
be permitted to exceed 102,100-square feet and that the maximum allowable footprint for any one
(1) building should not exceed 70,100-square feet in size with the remaining square footage being
utilized within the other sports complex building.
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• The applicant submitted an addendum to the original narrative (dated December 4, 2024) requesting
a height exception for the Sports Complex building (Lot 2, Block 3) to allow for the building to be a
maximum of 45-feet (45’) in height, inclusive of the parapet walls and any rooftop appurtenances.
The maximum building height allowance in the requested Mixed Use (MU) zone is 35-feet (35’). If
the City Council chooses to approve the requested height exception request, the maximum height of
the Sports Complex building within Lot 2, Block 3 only should be permitted to be 45-feet (45’) in
total height.
• The applicant is requesting a rezone with a development agreement in lieu of a planned unit
development (PUD) and Conditional Use Permit (CUP). As part of the planned unit development
process, the applicant may request lot area regulations that differ from those required pursuant to
Eagle City Code Section 8-2-4 “Schedule of Building Height and Lot Area Regulations.” The
established height and lot area regulations pursuant to ECC Section 8-2-4, at the time of the submittal
of this application, are:
MU (Mixed-Use) Zoning District:
Maximum Height: 35-feet
Front: 20-feet
Rear: 20-feet
Side: 7.5-feet
Street Side: 20-feet
Maximum Lot Coverage: 50%
Minimum Lot Area: 5,000 square feet
Minimum Lot Width: 50-feet
C-1 (Neighborhood Business) Zoning District (For Reference):
Maximum Height: 35-feet
Front: 15-feet
Rear: 0-feet
Side: 0-feet
Street Side: 0-feet
Maximum Lot Coverage: 50%
Minimum Lot Area: 2,000 square feet
Minimum Lot Width: 25-feet
C-2 (General Business) Zoning District (For Reference):
Maximum Height: 35-feet
Front: 0-feet
Rear: 0-feet
Side: 0-feet
Street Side: 0-feet
Maximum Lot Coverage: 92%
Minimum Lot Area: 1,300 square feet
Minimum Lot Width: 25-feet
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The applicant is requesting the following setbacks:
Lots 2-15, Block 1; Lots 2-3, Block 2; and Lots 1 & 3-4, Block 3:
• Maximum Height: 35-feet
• Front: 15-feet
• Rear: 0-feet
• Side: 7.5-feet where adjacent to a drive aisle or parking; 0-feet at common wall
• Street Side: 10-feet
• Maximum Lot Coverage: 75%
• Minimum Lot Area: 2,000 square feet
• Minimum Lot Width: 25-feet
• Minimum Street Frontage: 0-feet
Lot 2, Block 3 (if developed as a Sports Complex):
• Maximum Height: 45-feet
• Front: 15-feet
• Rear: 0-feet
• Side: 7.5-feet where adjacent to a drive aisle or parking
• Street Side: 10-feet
• Maximum Lot Coverage: 75%
• Minimum Lot Area: 2,000 square feet
• Minimum Lot Width: 25-feet
Note: As stated above in 3.11.2, if the two (2) Sports Complex buildings are combined into one (1)
Sports Complex building, the maximum footprint of the building shall not exceed 102,100
square feet in size and the height shall not exceed 45 -feet, inclusive of architectural
appurtenances, parapet walls, and roof-mounted utilities.
Lot 2, Block 3 (if developed as a 2-Story Office Building):
• Maximum Height: 35-feet
• Front: 15-feet
• Rear: 0-feet
• Side: 7.5-feet where adjacent to a drive aisle or parking
• Street Side: 10-feet
• Maximum Lot Coverage: 75%
• Minimum Lot Area: 2,000 square feet
• Minimum Lot Width: 25-feet
Lot 5, Block 3 (Existing Residence):
• Maximum Height: 35-feet
• Front: 20-feet
• Rear: 20-feet
• Side: 7.5-feet
• Street Side: 20-feet
• Maximum Lot Coverage: 50%
• Minimum Lot Area: 5,000 square feet
• Minimum Lot Width: 50-feet
• Minimum Street Frontage: 0-feet
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• Eagle City Code section 8-2-4(I) states that, “the minimum lot frontage for all residential zoning
districts shall be the minimum lot width specified within the zoning district or 35-feet, whichever
is less. Lot 5, Block 3, is an existing residential dwelling that does not have street frontage, as
designed. Instead, it is serviced by a private drive aisle. Through the applicant’s request for a
development agreement (in lieu of a PUD and CUP), the applicant is requesting that the minimum
lot frontage requirement be waived for Lot 5, Block 3 and that in lieu of the required lot frontage,
access can be provided through the vehicular drive aisle in Lot 1, Block 3. If approved, the
applicant should be required to provide an access easement over Lots 1 and 5, Block 3, to allow
for vehicular access to occur across each lot. The cross-access easement should be recorded as a
separate agreement and noted on the final plat prior to City Clerk signing the final plat.
• The applicant is requesting a parking reduction of 15% from the required 420 required parking
spaces through the utilization of a joint/collective parking facility that allocates parking to
individual buildings/uses according to their specific needs factoring the type of business and their
days/time of operation, pursuant to ECC Section 8-4-4-3, which provides the City the discretion
to consider a maximum reduction in parking not to exceed 20% of the required total, so long as
the provisions of Chapter 8-4 have been met. The applicant will be required to submit and
maintain a joint parking agreement that reflects the final built condi tion of the Property and
individual use tenants within each lot/tenant space.
• The portion of the development south of the proposed West Copper Silo Street and east of the
proposed Sports Complex buildings is proposed as a commercial parking lot intended to service
the proposed sports complex uses. This area of parking abuts single-family residential homes.
The owner should be required to provide a landscape buffer along the entirety of the western
façade of the Sports Complex building within Lot 2, Block 3, to match the “additional landscape
buffer” shown on Exhibit E (Conceptual Landscape Plan) along the eastern façade of the Sports
Complex facility in Lot 1, Block 3. The landscape buffer shall be reflected within the landscape
plans submitted with the Design Review application for this phase of the development.
Additionally, the owner should be required to provide Owner shall provide a landscape buffer
along the entirety of the western property line of Lot 2, Block 3, to match the “enhanced landscape
buffer” adjacent to the Stillwater development shown on Exhibit E (Conceptual Landscape
Plan). The landscape buffer shall be reflected within the landscape plans submitted with the
Design Review application for this phase of the development.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
6, 2025, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
eight (8) individuals who were in favor of the commercial uses proposed for the subject property, who
indicated the following:
• The requested height exception to allow the Sport Complex Building to be a maximum of forty -
five-foot (45’) allows for the ability to host professional level tournaments and that the taller
building request would not impede views of the mountains given the location of the building within
the site.
• The Sports Complex use would be beneficial to the community throughout the year and would be
an amenity for the local high school athletic teams and the local youth in general.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who indicated the following:
• The uses within the site will necessitate adequate parking and thus the requested 15% parking
reduction made by the applicant should not be approved.
• Vehicular access to and from the site are problematic considering the high traffic speeds on State
Highway 44 between Eagle State Park and Urban Gate.
• The requested heigh exception to allow for the forty-five-foot (45’) high sports complex isn’t
necessary; thirty-five-feet (35’) high is sufficient for the proposed uses.
• One (1) of the individuals provided a history of the comprehensive plan and zoning ordinances
associated with the area. The individual also provided an overview of how minimum lot sizing was
determined based on open space requirements.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• While height exceptions can sometimes be difficult to justify, the applicant’s request for a height
exception for the Sports Complex building given the proposed uses within the building and the
siting of the building within the context of the site means that views both into the site or through
the site will not be adversely impacted.
• The proposed uses, as described and proposed by the applicant, within the subject property will
provide a positive impactful to the residents of the city of Eagle.
• The proposed landscape buffer adjacent to State Highway 44 could be further bolstered to provide
additional screening of views into the property; the commercial uses abutting the highway (retail
back of house; drive through restaurant) are highly visible uses and should be limited in visibility.
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COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT AND DEVELOPMENT AGREEMENT MODIFICATION:
The Commission voted 3 to 0 (Smith absent; McCauley recused) to recommend approval of RZDA-2024-
03 for a rezone from A-R (Agricultural-Residential) to MU-DA (Mixed Use with a development agreement
[in lieu of a PUD and Conditional Use Permit] and a development agreement modification with conditions
to be placed within a development agreement as provided within the Commission’s findings of fact and
conclusions of law document, dated January 21, 2025.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith absent; McCauley recused) to recommend approval of PP-2024-02
for a preliminary plat for Riverbend Commons Subdivision with the site specific conditions of approval
and standard conditions of approval provided within the Commission’s findings of fact and conclusions of
law document, dated January 21, 2025.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on February 11, 2025, 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 six (6) individuals (not
including the applicant/representative) who generally stated the following:
• The requested height exception request that would allow the Sport Complex Building to be a
maximum of forty-five-foot (45’) tall provides the City with a potential tennis facility capable of
hosting professional level tournaments and that the taller building request would not impede views
from the highway or of the mountains given the location of the building within the subject property.
• The Sports Complex use would be beneficial to the community throughout the year and would be
an amenity for the residents of eagle, the high school athletic teams, and the local youth in general.
• There is an existing traffic signal at State Highway 44 and South Urban Gate Avenue that will assist
in providing safe ingress and egress if there are larger events hosted within the property.
C. Oral testimony in opposition to the applications was provided to the City Council by no one.
D. Oral testimony neither in favor of nor in opposition to the applications was provided to the City Council
by one (1) individual who stated:
• Concerns about the alignment of the proposed South Pinedale Way street with the existing North
Pinedale Way across State Highway 44 and how it could make exiting from the Timberline Estates
Subdivision onto State Highway 44 more difficult. The individual inquired about possibly shifting
South Pinedale Way to the westerly property line.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council discussed during deliberation that:
• The requested height exception of up to 45-feet (45’) high is appropriate for the indoor sports facility
building, since the applicant testified that the position of the building (set back into the
development/away from residential units/screened by trees) was intentionally designed to minimize its
visibility, ensuring it does not create an intrusive line of sight from the State Highway 44 corridor.
Granting the height exception qualifies the building to host professional-level tennis matches/events.
• The applicant testified that the event center will be quieter with a restricted capacity since it will be
contained indoors.
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• The applicant will provide a dense landscape buffer adjacent to Stillwater with staggered trees.
• The 15% parking reduction is appropriate since the proposed uses within the development have varied
hours of operation.
• The inclusion of tennis courts within the sports complex would fill a need for the community that was
lost with the closure of the Eagle Tennis Center.
• Traffic studies were conducted to ensure that the traffic created by the development will not result in a
negative impact to the surrounding area, since traffic will be managed by the traffic light and access is
otherwise limited by the right-in, right-out.
COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT
AND DEVELOPMENT AGREEMENT MODIFICATION:
The Council voted 4 to 0 to approve to approve RZDA-2024-03 for a rezone from A-R (Agricultural-
Residential) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD and Conditional Use
Permit] and a development agreement modification with the following Planning & Zoning Commission
recommended conditions to be placed within a development agreement:
3.1 The maximum density for the Property shall not exceed 2-dwelling units (either 1-single family
residential dwelling unit or 1-two family dwelling/attached dwelling unit only) and the maximum
density of the Property shall not exceed 0.14-dwelling units per acre.
3.1.1 The existing residential dwelling within Lot 5, Block 3, shall be permitted to remain.
3.1.2 If the Owner desires a two-family dwelling or attached dwelling within Lot 5, Block 3, the
Owner shall be required to submit either a preliminary plat to further subdivide the property
to create a maximum of one (1) additional residential lot, pursuant to the requirements of
Eagle City Code, or shall submit a condominium plat and associated declaration, to create a
second deeded residence on the Property. At that time, the Owner shall be required to update
the CC&Rs to reflect the amended ownership and be required to record an access easement
granting access through Lot 5, Block 3 to the additional residence on Lot 5, Block 3.
3.1.3 If the existing residential dwelling on Lot 5, Block 3, is used for any use other than a single-
family residential dwelling, the Owner shall obtain all necessary building permits, all
required design review approvals, and plat approvals, respectively, as required. The Owner
shall update the joint parking agreement to include any proposed commercial use prior to
receiving the required change of use or change of tenant approval.
3.1.4 If the existing residential dwelling on Lot 5, Block 3, is converted to commercial use, it shall
not also remain as a residential dwelling, unless that commercial use is approved as a home
occupation, pursuant to the requirements of Eagle City Code section 8-3-5(L).
3.1.5 The conversion of the residential use to a commercial use does not grant the Owner the ability
to develop a new residential dwelling on the property to achieve the maximum allowable
density for the Property. If Lot 5, Block 3, is utilized as a commercial use, the Property shall
have no residential use within.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
made except as otherwise provided within this Agreement.
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3.3 The Concept Plans (Exhibit C-1, Exhibit C-2, and Exhibit C-3) represent the Owner’s current
concept for completion of the Project. As the Concept Plan evolves, the City understands and agrees
that certain changes in that concept may occur or be required. If the City, in its sole discretion,
determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing may be held on any proposed changes in
the Concept Plan and notice shall be provided as may be required by the City.
3.4 If the site is developed pursuant to the uses and site plan within either Exhibit C-1 or Exhibit C-2,
the general use and maximum cumulative square footage restrictions of each commercial use for the
Riverbend Commons development are as follows:
▪ Retail: 16,300 square feet, max. (Lots 12-15, Block 1)
▪ Quick Service Restaurant (QSR): 6,300 square feet, max. (Lot 2, Block 1)
▪ Office / Flex Space: 28,000 square feet, max. (Lots 3-11, Block 1)
▪ Office: 4,300 square feet, max. (Lots 2-3, Block 2)
▪ Sports Complex: 102,100 square feet, max. (Lots 1-2, Block 3)
▪ Community Event Buildings: 8,650 square feet (Lots 3-4, Block 3)
3.4.1 If the site is developed pursuant to the uses and site plan within Exhibit C-3, the general use and
maximum cumulative square footage restrictions of each commercial use for the Riverbend
Commons development are as follows:
▪ Retail: 16,300 square feet, max. (Lots 12-15, Block 1)
▪ Quick Service Restaurant (QSR): 6,300 square feet, max. (Lot 2, Block 1)
▪ Office / Flex Space: 28,000 square feet, max. (Lots 3-11, Block 1)
▪ Office: 64,300 square feet, max. (Lots 2-3, Block 2, and Lot 2, Block 3)
▪ Sports Complex: 35,000 square feet, max. (Lot 1, Block 3)
▪ Community Event Buildings: 8,650 square feet (Lots 3-4, Block 3)
3.5 Owner shall provide a detailed parking analysis for the commercial buildings at the time of submittal
of a design review application.
3.5.1 Owner shall provide a joint/collective parking written agreement in conformance with Eagle
City Code Section 8-4-3-3, prior to issuance of the first building permit. The joint/collective
parking agreement shall be updated with each design review application submittal, including
anytime a change of use or change of tenant for a specific building is requested.
3.5.2 The Property shall be approved, through this development agreement and through an approved
joint/collective parking agreement with the City, pursuant to the limitations and allowances
expressly set forth above and the other terms of this agreement, for a 15% (max.) reduction in
parking for the Property so long as the Owner can substantiate the request for the reduced
parking through specific building uses, non-conflicting days/hours of operation, peak hours
of use, etc. at the time of the submittal of each design review application.
3.5.3 All parking associated with the Riverbend Commons Subdivision shall only be allowed in the
designated parking areas located on site.
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3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed-Use District land uses
allowed by the Eagle City Code Section 8-2-3 “Official Schedule of District Regulations”, existing
at the time a design review application or conditional use permit application (whichever the case may
be) is made for individual building use.
All uses shown as “P” permitted under the MU zoning designation within Eagle City Code Section
8-2-3 “Official Schedule of District Regulations,” shall be considered permitted uses and all uses
shown as “C” conditional uses under the MU zoning designation shall require a conditional use
permit except that the following uses shown as “C” conditional uses in Eagle City Code Section 8-2-
3 shall be approved conditional uses approved with this development agreement, as specifically noted
below, within the Property:
▪ “Arts and Crafts Shows” shall be permitted within the building typologies listed as Sports
Complex, Office Flex, Existing Home, and Community Event Building on Exhibit C-1, Exhibit
C-2, and Exhibit C-3.
▪ “Bed and Breakfast Facilities” shall be permitted within the building typologies listed as Existing
Home and Community Event Building on Exhibit C-1, Exhibit C-2, and Exhibit C-3.
▪ “Boarding or Lodging House or Dormitory” shall be permitted as an ancillary use to the “Live
Entertainment Events” use only within the building typologies listed as Existing Home or
Community Event Building on Exhibit C-1, Exhibit C-2, and Exhibit C-3.
▪ “Commercial Entertainment Facility (Indoor)” (trade shows or conference type use only) shall
be permitted within the building typologies listed as Sports Complex, Office Flex, and Retail on
Exhibit C-1, Exhibit C-2, and Exhibit C-3.
▪ “Daycare Center” shall be permitted within the building typologies listed as Existing Home,
Office Flex, and Office (within buildings 2,300 square feet or less) on Exhibit C-1, Exhibit C-
2, and Exhibit C-3.
o If a daycare center use is proposed, the applicant should be required to submit a vehicular
circulation and parking plan that includes, but is not limited to, proposed drop-off and pick-
up routes, parking spaces use, and hours of operation at the time. The vehicular circulation
and parking plan shall be submitted at the time of a design review application submittal to be
reviewed and approved by City staff.
▪ The Zoning Administrator retains the ability to deny a “Daycare Center” use if it is
determined that the proposed vehicular circulation and parking creates vehicular
circulation, parking, or stacking issues within the Property or within adjacent rights-of-
way. Any denial by the Zoning Administrator can be appealed to the City Council
pursuant to Eagle City Code Section 8-7-4-1.
o A conditional use permit is required for a daycare center to occupy any portion of an “Office”
building that is greater than 2,300 square feet in size.
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▪ “Live Entertainment Events” shall be permitted within the building typologies listed as “Existing
Home” and “Community Event Building” on Exhibit C-1, Exhibit C-2, and Exhibit C-3.
o All live entertainment events shall be limited to a maximum of 350 attendees.
o For “large events,” (considered to be 151 or more occupants) there shall be a maximum of
104 events per calendar year. The hours of operation shall be limited to 5:00pm-10:00pm on
weekdays (Monday through Friday) and 6:00am-10:00pm on weekends (Saturday and
Sunday).
o For “small events” (considered to be 150 or fewer occupants) there shall be no maximum
number of events, and the hours of operation shall be limited to be 6:00am-10:00pm every
day of the week.
▪ “Restaurant (with drive through)” shall be permitted within the building typology listed as “QSR”
on Exhibit C-1, Exhibit C-2, and Exhibit C-3.
▪ Retail Sales (General) and Retail Sales (Limited) shall be permitted within the building typology
listed as “Retail” on Exhibit C-1, Exhibit C-2, and Exhibit C-3.
▪ Residential (single-family attached dwelling), Residential (single family dwelling-existing), and
Residential (two-family dwelling) shall be permitted within Lot 5, Block 3, in accordance with
3.1, above.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property, the following uses shall also be prohibited on the Property:
▪ Adult Business;
▪ Automotive Vehicle Vinyl Wrap Shop
▪ Automotive Washing Facility
▪ Cemetery;
▪ Drive-In Theatre;
▪ Equipment Rental and Sales Yard;
▪ Kennel (limited boarding shall be permitted [resident’s pets only]);
▪ Mortuary;
▪ Residential, Mobile Home (Single Unit Primary Residence);
▪ Residential, Mobile Home (Single Unit Temporary Living Quarters);
▪ Residential, Mobile Home Court (RV)
▪ Residential, Mobile Home Park;
▪ Riding Academies/Stables;
▪ Small Engine Repair;
▪ Storage (fenced area)
3.7 The architectural imagery provided (Exhibit D) represent the Owner’s current concept for the project.
The Owner and City understand and agrees that certain changes in the architecture may occur,
however, the architectural elements are subject to change at the discretion of the City Council. Owner
shall submit a design review application for the proposed buildings (as required by Eagle City Code)
and shall comply with all conditions required by the Design Review Board and/or City Council prior
to the issuance of a zoning certificate.
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3.8 The maximum building height of the Sports Complex facility in Lot 2, Block 3, (Exhibit C-1) shall
not exceed 45-feet in height, inclusive of architectural appurtenances, parapet walls, and roof -
mounted utilities.
3.8.1 The building height of the Sports Complex facility in Lot 1, Block 3, (Exhibit C-1) shall be
limited to 35-feet in height, inclusive of architectural appurtenances, parapet walls, and roof -
mounted utilities.
3.8.2 If the two (2) Sports Complex buildings are combined into one (1) Sports Complex building
(Exhibit C-2), the maximum footprint of the building shall not exceed 102,100 square feet in
size and the height shall not exceed 45-feet, inclusive of architectural appurtenances, parapet
walls, and roof-mounted utilities.
3.8.2.1 If the two (2) Sports Complex buildings are combined into one (1) Sports Complex
building, the final plat shall reflect a singular buildable lot to reflect the proposed
condition shown in Exhibit C-2. If the final plat was recorded showing two (2)
buildable lots, the Owner shall submit a lot line adjustment application to combine
the two lots into a single parcel. The lot line adjustment application shall be
reviewed and approved prior to the City Clerk signing the record of survey. Upon
the City Clerk’s signature of the lot line adjustment record of survey, Owner shall
provide a recorded copy of the record of survey to the city prior to the issuance of
any zoning certificates.
3.9 The conditions, covenants and restrictions for the Property shall contain at least the following:
a) An allocation of responsibility for repair and maintenance of all community and privately owned
drive aisles and parking areas including repair and replacement of asphalt), sidewalks, walkways
and plaza areas, landscaping (including the portion to be maintained within the ITD right -of-
way), pressurized irrigation facilities, fencing, and site amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the Property Owners Association or other entity cannot
be dissolved without the express consent of the city.
b) A requirement for all fencing to be installed as shown on the Fencing Plan Exhibit (Exhibit “F”).
All other fencing (i.e. dog-eared cedar fencing, vinyl, chain link) shall be prohibited.
c) A requirement that all lots shall have a perpetual reciprocal cross-parking and cross-access for
vehicular and pedestrian ingress and egress to public rights-of-way. Such perpetual easement
shall run with the land and the restrictive covenant for maintenance cannot be modified and the
owner’s association or other entity cannot be dissolved without the express consent of the city.
d) A requirement that the 12-foot-wide pond maintenance and pressure irrigation easement located
around the irrigation pond shall remain clear of any encroachments.
e) A requirement that development (including fencing) within the floodway area is prohibited unless
certification by a registered professional hydraulic engineer is provided demonstrating that
encroachments shall not result in an any increase in flood levels during the occurrence of the base
flood discharge and uses within the floodway shall be restricted to those which are required for
public necessity.
f) A requirement that riparian vegetation and wildlife habitat, along the riverbank and within the
riparian zone be maintained, unless otherwise authorized by the Army Corps of Engineers, Ada
County, and the City, as required.
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g) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations, or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws, and ordinances of all applicable
government bodies. In the event a governmental rule, regulation, law, or ordinance would render
a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended
and comply with the applicable rule, regulation, law, or ordinance.
h) A provision that the CC&Rs cannot be modified without the approval of the city.
3.10 The building heights, setbacks, and lot area regulations shall be as follows:
Lots 2-15, Block 1; Lots 2-3, Block 2; and Lots 1 & 3-4, Block 3:
• Maximum Height: 35-feet
• Front: 15-feet
• Rear: 0-feet
• Side: 7.5-feet where adjacent to a drive aisle or parking; 0-feet at common wall
• Street Side: 10-feet
• Maximum Lot Coverage: 75%
• Minimum Lot Area: 2,000 square feet
• Minimum Lot Width: 25-feet
• Minimum Street Frontage: 0-feet
Lot 2, Block 3 (if developed as a Sports Complex):
• Maximum Height: 45-feet
• Front: 15-feet
• Rear: 0-feet
• Side: 7.5-feet where adjacent to a drive aisle or parking
• Street Side: 10-feet
• Maximum Lot Coverage: 75%
• Minimum Lot Area: 2,000 square feet
• Minimum Lot Width: 25-feet
Note: As stated above in 3.8.2, if the two (2) Sports Complex buildings are combined into one (1)
Sports Complex building, the maximum footprint of the building shall not exceed 102,100
square feet in size and the height shall not exceed 45 -feet, inclusive of architectural
appurtenances, parapet walls, and roof-mounted utilities.
Lot 2, Block 3 (if developed as a 2-Story Office Building):
• Maximum Height: 35-feet
• Front: 15-feet
• Rear: 0-feet
• Side: 7.5-feet where adjacent to a drive aisle or parking
• Street Side: 10-feet
• Maximum Lot Coverage: 75%
• Minimum Lot Area: 2,000 square feet
• Minimum Lot Width: 25-feet
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Lot 5, Block 3 (Existing Residence):
• Maximum Height: 35-feet
• Front: 20-feet
• Rear: 20-feet
• Side: 7.5-feet
• Street Side: 20-feet
• Maximum Lot Coverage: 50%
• Minimum Lot Area: 5,000 square feet
• Minimum Lot Width: 50-feet
• Minimum Street Frontage: 0-feet
3.11 Owner shall install the sidewalk and landscape improvements, including any trees, shrubs,
groundcovers, and irrigation, within the common lots (Lot 1, Block 1, and Lot 1, Block 2) adjacent
to State Highway 44 in their entirety with the first phase of development and prior to the issuance of
the first certificate of occupancy associated with the property.
3.12 Owner shall landscape and maintain the area between the northern most portion of the property to
within 9-feet of the paved surface of State Highway 44. The applicant shall submit a landscape plan
that includes this area to be sodded turf in perpetuity or until expressly dissolved by the City and ITD.
The landscape plan shall be reviewed and approved by the Design Review Board and the City Council
prior to installation of the landscaping. The owner should provide a recorded copy of the ITD license
agreement associated with the landscaping located within the right-of-way area. The landscaping
should be installed prior to the city clerk signing the first final plat.
3.13 Owner shall complete the design review process for the site and proposed commercial buildings (as
required pursuant to Eagle City Code) and shall comply with all conditions required by City as a part
of the design review approval prior to issuance of a building permit.
3.14 Owner shall provide a 3-foot (3’) high landscaped berm (minimum height) along the entire length of
the property where it abuts State Highway 44. The landscaped berm shall be located between the
south side of the 10-foot (10’) sidewalk within the northern most portions of Lots 2, 12-15, Block 1,
and Lot 2, Block 2. The berm shall be 3-feet (3’) in height and landscape improvements (trees, shrubs,
groundcovers, etc.) shall be commensurate with the landscaping requirements pursuant to Eagle City
Code Section 8-2A-7(K)(2)(a). The landscape plan shall be reviewed and approved by the Design
Review Board and City Council prior to submittal of a design review application associated with the
first building or submittal of a final plat application, whichever comes first.
3.15 Owner shall provide a landscape buffer along the entirety of the western façade of the Sports Complex
building within Lot 2, Block 3, to match the “additional landscape buffer” shown on Exhibit E
(Conceptual Landscape Plan) along the eastern façade of the Sports Complex facility in Lot 1, Block
3. The landscape buffer shall be reflected within the landscape plans submitted with the Design
Review application for this phase of the development. The Owner understands that additional
screening may be required upon review of the Design Review application associated with the Sports
Complex Facility.
3.16 Owner shall provide a landscape buffer along the entirety of the western property line of Lot 2, Block
3, to match the “enhanced landscape buffer” adjacent to the Stillwater development shown on
Exhibit E (Conceptual Landscape Plan). The landscape buffer shall be reflected within the landscape
plans submitted with the Design Review application for this phase of the development. The Owner
understands that additional screening may be required upon review of the Design Review application
associated with the Sports Complex Facility.
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3.17 The final plat shall be reviewed and approved by the City Council and recorded in the Ada County
Recorder’s Office prior to the issuance of any building permits.
3.18 All non-residential (commercial) mixed-uses shall be subject to reasonable dark-sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns that may
arise. Provide plans showing outdoor lighting plans and specifications showing locations, fixture
style, lumens, and temperature.
3.19 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) detailed planting plans within the proposed and required landscape areas, parking islands,
and all common areas throughout the development, 3) landscape screening details between the sports
complex buildings and the adjacent properties to the east and west of the subject property, 4) buffering
of the Retail, QSR, and Office buildings from State Highway 44, 5) the area to be maintained by the
owner between the paved shoulder of State Highway 44 and the property line 6) architectural site
plans, elevations, and renderings, as needed to accurately convey design intent, for all proposed
common area structures and irrigation pump house (if proposed), 7) landscape screening details of
the irrigation pump house (if proposed), 8) useable site amenities such as picnic tables, covered
shelters, benches, bicycle racks, gazebos, and/or similar amenities, 9) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the
first final plat.
3.20 Owner shall comply with all applicable Eagle Sewer District’s regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential and commercial uses. A letter of approval
shall be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.21 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not
limited to, ITD infrastructure proportionate share payments / mitigation agreement, access
approaches on State Highway 44, proposed internal road locations, and road design.
3.22 As a submittal requirement of the first design review, preliminary plat, or conditional use permit
application, whichever occurs first, Owner shall submit an updated Traffic Impact Study (TIS) which
has been reviewed and approved by Ada County Highway District (ACHD) and Idaho Department
of Transportation (ITD). Owner shall be required to comply with all requirements of ACHD and ITD,
including, but not limited to, approval of drainage systems, curbs, gutters, streets, and sidewalks.
3.23 Owner shall provide a report or analysis of any proposed changes to any wetlands located on the
Propety and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game (if applicable), the Idaho Department of Water Resources (if applicable), Ada
County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Owner agrees that all development and improvement of the
property shall comply with the rules and regulations pertaining to regulated wetlands prior to the
submittal of a final plat application.
3.24 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code.
3.25 Owner shall provide a “Heavy Truck Traffic Plan” (Exhibit G) 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.
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3.26 Owner shall place a 4’ x 8’ subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-2024-02 for a preliminary plat for Riverbend Commons Subdivision
with the following planning & zoning commission recommended site specific conditions of approval and
standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application
RZDA-2024-03.
2. Comply with all requirements of the City Engineer.
3. 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. (ECC 9-2-3 [C] [3] [l])
4. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the city. A detailed landscape plan showing how the trees will be integrated
into the open space areas or private lots (unless approved for removal by the city) shall be provided
for city approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant
to the direction of the city) to protect all trees that are to be preserved, prior to the commencement of
any construction on the site.
5. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
city) along both sides of all streets within this development. Trees shall be placed at the front of each
lot generally at each side property line, or as approved by the Design Review Board. The trees shall
be located within an 8-foot-wide landscape strip between the 5-foot-wide concrete sidewalk and the
curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the
required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy permits. A temporary occupancy may be issued if weather does
not permit landscaping. Partial reduction of the surety may be permitted for any portion of the
development that is completed, including street trees that have been installed. On-going surety for
street trees for all undeveloped portions of the development will be required through project
completion. (ECC 8-2A-7[E] and ECC 8-2A-18)
6. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9 -
4-1-2)
7. The applicant shall provide a license agreement to the City from ITD approving the landscaping
(grass and irrigation) and maintenance of the landscaped portion of the public right -of-way between
the paved section of State Highway 44 and the property line prior to approval of a final plat. (ECC 9 -
4-1-2)
8. The applicant shall be required to provide an access easement over Lots 1 and 5, Block 3, to allow
for vehicular access to occur across each lot. The cross-access easement should be recorded as a
separate agreement and noted on the final plat prior to City Clerk signing the final plat.
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9. Any fencing located adjacent to common area open spaces and on 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 requir ed in
ECC Section 8-2A-7 (J).
10. The Riverbend Commons Subdivision shall remain under the control of one Property Owners
Association. (ECC 9-3-8[D][4])
11. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Property Owner’s Association.
12. The applicant shall provide CC&Rs that the Property Owner’s Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
13. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install municipal fiber-optic conduit lines along all streets in accordance with the City’s Fiber Master
Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber Department
prior to submittal of a final plat application. Upon completion of the installation of the municipal
fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates
provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing
the final plat. Fiber-optic conduit lines shall be provided to each building within the development.
14. The applicant shall remove and dispose of all existing buildings, structures, fences, and vehicular
drives on the property designated for removal on page PP-1.1 of the preliminary plat prior to the City
Clerk signing the final plat.
15. The applicant shall provide documentation from the general contractor constructing the subdivision
that the potable water and septic system have been abandoned prior to the City Clerk signing the final
plat.
The following conditions of approval reflect the recommendation made by the City of Eagle Parks,
Pathways, and Recreation Commission at the meeting on November 21, 2024:
16. The sidewalk within Block 1, Lot 1, and Block 1, Lot 2, shall be considered a REGIONAL pathway,
be a minimum of ten-feet (10’) wide, and shall be constructed of concrete to approved ITD or City
of Eagle standards. The developer shall coordinate with the developer of Stillwater to the east to
determine where the pathway should be located to ensure future connection is achieved.
17. The owner shall either dedicate the sidewalk/ REGIONAL pathway for public use as part of the right-
of-way dedication to ITD or they shall provide a 20-foot-wide public access easement associated with
the REGIONAL pathway within Block 1, Lot 1, and Block 1, Lot 2 as a separate recorded easement
agreement prior to the City Clerk signing the final plat. The easements shall have a minimum 4-foot
margin on each side of pathway tread within any part of the easement, where possible.
18. The sidewalks along the east and west side of the proposed South Pinedale Way and along the north
and south side of the proposed West Copper Silo Street shall be five feet (5’) wide, concrete, and
built to approved ACHD standards, at a minimum.
19. The developer shall provide pedestrian access easements over the entirety of the five-foot (5’) wide
sidewalks along the east and west side of the proposed South Pinedale Way and along the north and
south side of the proposed West Copper Silo Street.
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20. The sidewalks along both the north and south side of the proposed West Copper Silo Street shall be
extended to the westerly property line for future possible connection. The applicant shall submit a
revised preliminary plat exhibit showing the sidewalks extending to the western property line prior
to the submittal of a final plat.
21. The applicant shall coordinate pedestrian crossing locations with ACHD along South Pinedale Way
and West Copper Silo Street.
22. All development shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle
City Code. A floodplain development permit shall be obtained prior to the commencement of any
development within the floodplain.
23. The developer shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by
City staff in writing) at the time of a design review application submittal.
24. Curb ramps shall be provided where sidewalks or pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
25. The intersections of pathways, sidewalks, and trails shall have a minimum radius of 8-feet to
eliminate sharp turns or blind corners.
26. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future
shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE
TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access easement
shall extend to the parcel boundary and allow possible connection to adjacent development and allow
the City, or City authorized parties, and adjacent developers, to make alterations within the easement.
Such alterations to elements include, but are not limited to, connection to other trails and pathways,
landscaping, fencing, irrigation equipment, and signage.
27. The developer shall provide public access easements in favor or the City of Eagle for all alignments
shown as “REGIONAL”, “COMMUNITY”, and “NATURE”. Public use shall be limited to the
pathway tread and connecting facilities and equipment intended for trail users which may include,
but are not limited to, benches, drinking water sources, dog bag dispensers/waste receptacles, and
bike repair stations.
28. If trails or pathways are to be maintained by the City, the developer shall provide maintenance access
easements 25-feet in width in favor of the City of Eagle, with a minimum 4-foot margin on each side
of the pathway tread within any part of the easement where possible for all alignments shown as
“REGIONAL”, “COMMUNITY”, and “NATURE” in Exhibit A. These easements shall not limit the
developer in landscape design beyond the standards established in the trail and pathway standards
and Title 9. Staging and vehicle access locations shall be determined and included in the maintenance
agreement and related easements.
29. Easement provision language shall include the following: “The City of Eagle may construct, connect,
or continue within these easements, public pathways as part of future system expansion, and may
authorize staff, contractors, or neighboring developers to facilitate such improvements within these
easements from any boundary to another public pathway easement or easements, or to parcels
included in any public access agreement.”
30. The developer shall be permitted to obtain easements for pathway and/or trail construction that is
outside of the current project footprint as long as the integrity of the existing pathway and trail
network would not be compromised by any proposed additions and necessary realignments, as is
determined by City staff.
31. Public access easement agreements and an associated survey (that depicts the location of each
pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk
signing the final plat associated with the first phase of the development.
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32. Pathways and trails shall be constructed and a survey (that depicts the location of each pathway or
trail located within the easement) shall be submitted to the City prior to the City Clerk signing the
final plat for each phase of development.
33. The developer and future Property Owner’s Association shall provide maintenance of all
REGIONAL pathways shown in Exhibit A, in perpetuity.
34. Within all public access easements, the City shall reserve the right to display signage similar to what
is shown in Exhibit B below.
35. Signage, including the physical form, materials, placement, and message, that they developer or
Property Owner’s Association wishes to display within public access easement(s) must be approved
in writing by the City.
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.
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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 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.
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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 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.
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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.
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.
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone with a
development agreement (RZDA-2024-03) [in lieu of a PUD and Conditional Use Permit (CUP)] and
development agreement modification with regard to Eagle City Code 8-7-5 “Action by the Commission
and Council”, and based upon the information provided concludes that the proposed rezone with a
development agreement is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Mixed Use and Professional Office / Business Park designations as shown on
the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a development agreement) zoning district is compatible
with the R-1 (Residential) and R-2-DA-P (Residential with a development agreement-PUD) zones
and land use to the north since that area has been developed consistent with the Large Lot
Residential designation within the Comprehensive Plan while the subject property is contemplated
to be developed consistent with the Professional Office / Business Park and Mixed Use
designations. Further, the residential developments to the north are separated from the subject
property by State Highway 44 and buffered by extensive landscaping;
d. The proposed MU-DA (Mixed Use with a development agreement) zoning district is compatible
with the MU-DA (Mixed Use with a development agreement) zone and the natural state of the
Boise River greenbelt area owned by the State of Idaho Department of Lands and their respective
land uses to the south since that area has remained undeveloped or will remain as open space which
transitions with the undeveloped and low impact development within the subject property;
e. The proposed MU-DA (Mixed Use with a development agreement) zoning district is compatible
with the MU-DA (Mixed Use with a development agreement) zone and land use to the east since
that area is being developed with as a mixed use development consisting of a mix of commercial
and residential uses of various typologies and lot sizes;
f. The proposed MU-DA (Mixed Use with a development agreement) zoning district is compatible
with the RUT (Rural-Urban Transition – Ada County Designation) zone and land use to the west
since that property is currently used for commercial purposes and could potentially be redeveloped
in the future;
g. The land proposed for rezone is not located within a “Hazard Area” or “Special Area” as described
within the Comprehensive Plan; and
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h. The proposed uses, as conditioned within the development agreement, do not to create a non-
conforming use within the MU (Mixed Use) zone.
2. The Council reviewed the particular facts and circumstances of this proposed rezone with a
development agreement (RZDA-2024-03) [in lieu of a PUD and Conditional Use Permit] and
development agreement modification with regard to Eagle City Code Sections 8-6-6-3 “Action by the
Council” (Development Plans) and 8-7-5 “Action by the Commission and Council” (Conditional Use
Permits), and based upon the information provided concludes that the proposed rezone with a
development agreement is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since an
Arts and Crafts Show, Bed and Breakfast Facilities, Boarding or Lodging House or Dormitory,
Commercial Entertainment Facility (Indoor), Daycare Center, Live Entertainment Events,
Restaurant (with drive through), Retail Sales (General), Retail Sales (Limited), Residential
(single-family attached dwelling), Residential (single-family dwelling-existing), and Residential
(two-family dwelling) may be approved conditional uses within the MU (Mixed Use) zoning
district 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 because the proposed uses align with the State
Highway 44 and Ballantyne Planning Area; Riverbend Commons is designed with consistent
architecture, landscape and signage and will be consistent with the mixed use residential and
commercial uses within the Stillwater development.
The proposed uses within the Riverbend Commons Subdivision will provide a mix of
employment-based uses, commercial/retail uses, and limited residential opportunity. These uses
will service the residential land uses in proximity to the subject property. The subdivision will be
maintained by a professionally managed owner’s association and commercial owner’s association.
All green space exclusive of that within the existing residential home lot will be maintained by
the association; and
d. Will not be hazardous or disturbing to existing or future neighborhood uses.
The commercial uses associated with Riverbend Commons Subdivision is designed to conform to
the design guidelines identified within both the Mixed Use designation and the State Highway &
Ballantyne Planning Area contained within the comprehensive plan. The uses promote the desired
business and technical uses will complement the surrounding communities. The Riverbend
Commons Subdivision will be reviewed and approved through the city’s design review process
prior to development occurring on site; and
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;
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer’s expense. The applicant will continue to
work with the Idaho Transportation Department regarding improvements to the site and any
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required mitigation efforts due to the impacts to the state highway system caused by the Riverbend
Commons development; and
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.
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, Veolia Water System, Ada
County Highway District, or the Idaho Transportation Department; and
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.
It is not anticipated that any uses or activities proposed for the subject property will be detrimental
to the surrounding properties upon completion of the site work; and
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 ITD and ACHD.
The development will provide a continuation of West Copper Silo Street (collector) from the east
that will terminate in a stub streets for future connection between South Urban Gate Avenue and
Eagle Island Parkway and for the properties to the west. Access to the development will be from
State Highway 44 (right-in / right-out / left-in only) to the north and from West Copper Silo Street
to the east. The design and construction of the entrances is guided by the Ada County Highway
District and Idaho Transportation Department; and
i. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since no natural, scenic, or historic features of major importance are known to exist
on the site. Any proposed removal of any existing riparian vegetation and wildlife habitat, along
the riverbank and within the riparian zone, as specified within the development agreement, will
require authorization from the Army Corps of Engineers, Ada County, the City of Eagle, and any
other agencies with jurisdiction, as required; and
j. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain
preservation, and/or other special features which would not typically be provided in a non -PUD
proposal.
The development is proposed with common areas that an extension of the Regional Pathway
system for use by the general public. A portion of the site is located within the Boise River
floodplain and will be developed in accordance with Eagle City Code Title 10, Flood Control
District No. 10, and FEMA requirements regarding floodplain development. The portion of the
site located in the floodway will be left in its native riparian state.
k. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development primarily provides a varied mix of commercial uses. The commercial portion of
the development will provide employment opportunities and access to restaurants, shops, and
services for the residents of the development and the surrounding area. The requested deviations
from the standard schedule of district regulations (i.e., Arts and Crafts Show, Bed and Breakfast
Facilities, Boarding or Lodging House or Dormitory, Commercial Entertainment Facility (Indoor),
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Daycare Center, Live Entertainment Events, Restaurant (with drive through), Retail Sales
(General), Retail Sales (Limited), Residential (single-family attached dwelling), Residential
(single-family dwelling-existing), and Residential (two-family dwelling)) and from the schedule
of building height and lot area regulations (i.e., increased lot coverage, reduced lot size, reduced
setbacks, height exception) are warranted based on the contextual location of the site, site design
and proposed architecture of the buildings. The development will contain 29.4% open space.. The
applicant is required to submit a design review application for the subdivision to be reviewed and
approved by the Design Review Board prior to submittal of a final plat application. Also, the
Commission determined the height exception to 45-feet for the Sports Complex building should
be granted based on the proposed use and architecture of the facility and because the design and
architecture of the buildings is required to be reviewed and approved by the Design Review Board
prior to construction.
l. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The project is located within the Eagle Fire District service area and is approximately 2.7 miles
from Eagle Fire Station No. 1.
Police Protection
The project will be served by the Eagle Police Department and is approximately 2.7 miles from the
Eagle Police Station.
Water Service
The project is located within Veolia Water Company certificated area.
Sewer
The applicant will be required to comply with the requirements of the Eagle Sewer District.
Road Construction
The construction of all interior roads (South Pinedale Way and West Copper Silo Street) will be
completed by the developer. Upon completion the roads will be dedicated to ACHD.
Open Space
The development will be comprised of approximately 29.4% open space inclusive of the common
lots adjacent to State Highway 44, the commercial landscaped areas, and parkway strips. The
extension of the regional pathway system that abuts State Highway 44 will extend through the site
from the eastern to the western property line. A system of public sidewalks and commercial plazas
and walkways will provide pedestrians with a safe and efficient way to move throughout the
property.
Maintenance
The maintenance of all common lots and private open space areas within the commercial portion
of the property will be regulated and maintained by the Riverbend Commons Property Owners
Association. The public roads will be maintained by ACHD. The sewer and water systems will be
publicly owned and maintained once installed.
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Schools
The residents of Riverbend Commons Subdivision are located in the West Ada School District
boundaries.
Solid Waste Collection
The property owners of Riverbend Commons Subdivision are serviced by Hardin Sanitation
Service.
m. Provide suggested means of financing the services for the development if the cost for the public
services would not be offset by the tax revenue received from the development.
The costs of public services for the development will be offset by the user fees and tax revenue
generated by the businesses located within the Riverbend Commons development.
For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.;
commercial, industrial, public, and quasi-public uses that are not allowed in the land use district):
n. That the uses are appropriate with the residential uses.
The development is predominately commercial and as a result the retail, office, office/flex uses
are not immediately adjacent to the singular residential lot within the development. These uses,
in addition to the community event and sports complex uses, will serve the residential uses within
the development and the adjacent area.
o. That the uses are planned to be an integral part of the PUD.
The uses on site provide a variety of commercial uses that will complement adjacent uses within
and adjacent to the property.
p. That the uses are located and designed to provide direct access to a collector or arterial street.
The Riverbend Commons development will take direct access from State Highway 44 (principal
arterial) at the proposed South Pinedale Way and from West Copper Silo Road (collector) to the
east.
q. That the proposed street connection will not create congestion or traffic hazards.
The proposed right-in / right-out / left-in only entrance from State Highway 44 will aid in
preventing traffic from exiting from the site to head west. Vehicular traffic will also be able to
access site the from signalized intersection which provides protected, full access to and from State
Highway 44.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-
2024-02) 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 MU-DA (Mixed
Use with a development agreement) in lieu of a PUD and Conditional Use Permit (CUP).
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
designations of Limited Office / Business Park and Mixed Use 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 and because this site will be designed in
accordance with the standards of Eagle City Code and the proposed commercial buildings will be
required to be reviewed and approved by the Design Review Board prior to construction;
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to
be served from Veolia Water Company. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;
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 the Idaho Transportation Department and is subject to the
conditions herein;
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 Council'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.
4. Failure to comply with all provisions and any condition of approval of this conditional use permit may
result in a compliance hearing in front of the City Council at which time the Council may add conditions
to the development agreement [in lieu of a PUD and Conditional Use Permit], modify existing
development agreement conditions, or revoke all or part of the use approvals approved through the
development agreement.
DATED this 25th day of January, 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, May r`
A EST:
a0f,��•; f
�CoR1,O
racy E born, Eagle City Clerk C;
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