Findings - PZ - 2025 - A-2024-02/RZDA-2024-04/CU-2024-09/PPUD-2024-02/PP-2024-06 - Tavira Subdivision - Tavira Sub A/RZDA/CU/PPUD/PPBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION, REZONE WITH A )
DEVELOPMENT AGREEMENT FROM RUT [RURAL )
URBAN TRANSITION — ADA COUNTY DESIGNATION] )
TO R-3-DA-P [RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT-PUD], CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN, AND )
PRELIMINARY PLAT FOR TAVIRA SUBDIVISION )
FOR DRAKE INVESTMENTS, LLC, REPRESENTED BY )
MARY WALL WITH PROFESSIONAL ENGINEERING )
SERVICES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2024-02/RZDA-2024-04/CU-2024-09/PPUD- 2024-02/PP-2024-06
The above -entitled annexation, rezone with a development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on December 6, 2021, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Drake Investments, LLC, represented by Mary Wall with Professional Engineering Services, is
requesting annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to
R-3-DA-P (Residential with a development agreement — PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for Tavira Subdivision, an 88-lot
(79-buildable, 9-common) residential planned unit development. The 30.95-acre site is located at
the northwest corner of W. Broken Arrow Street and N. Hamlin Avenue.
A. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 660 East Civic Lane, Eagle, Idaho at 6:00 PM, on Monday,
September 16, 2024, in compliance with the application submittal requirement of Eagle City
Code. The applications for this item were received by the City of Eagle on November 1, 2024.
Revised preliminary plats, preliminary development plans, narratives, pathway plans, landscape
plans, and fencing plans were received on December 20, 2024. A subsequent submittal was made
on March 23, 2025.
B. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on March 21, 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
March 14, 2025. The site was posted in accordance with the Eagle City Code on March 28, 2025.
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Requests for agencies' reviews were transmitted on November 22, 2024, and on December 20,
2024, in accordance with the requirements of the Eagle City Code.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
There is no history of relevant previous actions.
D. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant proposes to enter into a development agreement, as needed, to guide future
development of the site (as stated in the applicant's narrative dated March 23, 2025, attached
hereto).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Neighborhood
RUT (Rural -Urban
Transition — Ada County
designation)
Agricultural
Proposed
No Change
R-3-DA-P (Residential
with a development
agreement — PUD)
Proposed Residential
Subdivision
North of site
Neighborhood
R-2-DA (Residential
with a development
agreement)
Residential (Terra View
South Subdivision)
South of site
Neighborhood
R-2-DA-P (Residential
with a development
agreement — PUD) and
RUT
Residential (Arvory Crest
Subdivision No. 4)
Agricultural
East of site
Neighborhood
R-4-DA (Residential
with a development
agreement) and RUT
Residential (Millstone
Subdivision No. 1) and
Agricultural
West of site
Neighborhood
R-2-DA (Residential
with a development
agreement)
Residential (Terra View
South Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:
The site located within the city-wide Design Review Overlay District.
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I. SITE DATA:
Total Acreage of Site — 30.95
Total Number of Lots — 88
Residential — 79
Commercial — 0
Industrial — 0
Common — 9
Total Number of Units —
Single-family - 79
Single-family attached - 0
Two-family - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
2.55-dwelling units
g per acre
2.55-dwelling units per
acre maximum (as limited
by the development
agreement)
Minimum Lot Size
7,920-square feet*
10,000-square feet
Minimum Lot Width
62-feet
75-feet
Minimum Street Frontage
25-feet
35-feet
Total Acreage of Common Area
Open Space
6.48-acres
6.19-acres
Percent of Site as Common Area
Open Space
20.94%
20% (minimum)
Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public and/or
private park or open space
facilities in PUDs
* ECC Section 8-6-5-5 (A and B) states that as an incentive to submit a PUD versus a standard subdivision, the initial
starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to
ten percent (10%) of the site. This allowance shall only be permitted under the following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the
"offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting
variation are incorporated into the development and that these factors make up a substantial contribution to the
objectives of the PUD. These design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and
recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind
orientation, circulation pattern, physical environment, variation in building setbacks and building grouping
(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by
landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this
title.
B. An area equal to the square footage utilized to create lots that are larger than the minimum lot size may be credited
toward the creation of lots which are proportionally smaller than the minimum lot size in the underlying zone
established in section 8-2-4 of this title, provided:
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1. There is a favorable finding by the council that the smaller Lots are appropriately integrated into the overall
design and that the building product type is compatible with the PUD and surrounding area.
2. The number of lots below the minimum lot size do not exceed twenty percent (20%) of the total number of lots
within the development.
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on March 23, 2025, shows a 35-
foot wide common lot (Lot 6, Block 1) along the frontage of the subject property on West Broken
Arrow Street. Common lots with a minimum width of 35-feet also front the entire development
along North Hamlin Avenue (Lots 6 and 29, Block 1, Lot 1, Block 3, Lot 1, Block 4, and Lot 1,
Block 5). The common lots include tree and shrub planting that provides a buffer from West
Broken Arrow Street and North Hamlin Avenue.
Common Area Open Space:
See the preliminary landscape plan, date stamped by the City on March 23, 2025. 20.9% open
space is proposed.
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&R's 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 ten feet (10') wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System:
No septic systems are proposed within the subdivision.
Preservation of Existing Natural Features:
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.
K. STREET DESIGN:
Private or Public Streets:
All streets within the subdivision are public streets. See the ACHD staff report, dated January 3,
2025, attached hereto.
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Sidewalks:
Detached five foot (5') wide concrete sidewalks are proposed (separated by an eight foot (8')
wide planter strip). The five foot (5') wide sidewalks and two feet of the planter strips are located
outside of the proposed right-of-way on both sides of all proposed local streets. The five foot (5')
wide sidewalks and eight foot (8') wide pathway located on the east side of North Hamlin
Avenue is within the proposed right-of-way.
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. Any modifications made to the lighting shall be completed
before the final plat approval.
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 CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on March 23, 2025, shows five foot (5') wide
sidewalks (separated from the curb by an eight foot (8') wide planter strip) on both sides of each
street throughout the subdivision and eight foot (8') wide community pathways located within
three (3) common lots (Lot 6, Block 1, Lot 1, Block 4, and Lot 1, Block 5). Additionally, a ten -
foot -wide (10'W) regional pathway is located within one (1) common lot (Lot 6, Block 1).
• Lot 6, Block 1, provides a pedestrian connection from the ten foot (10') wide regional pathway
to be constructed in Terra View South along the north side of West Broken Arrow Street to the
entrance to Tavira Subdivision and the proposed eight foot (8') wide community pathway
along North Hamlin Avenue.
• Lot 1, Block 4, provides a pedestrian connection through the open space common lot between
North Hamlin Avenue to West Rider Stone Way.
• Lot 1, Block 5, provides a pedestrian connection between the community pathway on the north
side of West Rider Stone Way and the community pathway on west side of North Hamlin
Avenue. The pedestrian connection is provided by an eight foot (8') wide community pathway
that extends beyond the open space lot into proposed right-of-way along North Hamline
Avenue.
M. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the service boundaries of the Eagle Police Department, Star Fire Department,
Eagle Sewer District, and City of Eagle Water Department. The property has not been annexed
into the Eagle Sewer District yet, however, in an email to the City, dated November 27, 2024, and
attached hereto, the District stated that sewer is available and anticipates being able to serve the
development.
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O. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — no
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Q.
No environmental features of concern were identified within the natural features analysis dated
October 25, 2024, attached hereto.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has proposed three (3) phases of development, as shown on sheet C1.2 of the
preliminary plat date stamped March 23, 2025, attached hereto.
R. 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.
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.
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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 cased 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 1O% 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): No such request was provided with this application
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.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter dated February 25, 2025, are of special
concern.
City of Eagle Water Department
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Idaho Transportation Department
Eagle Sewer Department
T. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
All comments within the City's action report dated March 18, 2025, are of special concern,
attached to the staff report.
U. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
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THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
CHAPTER 6: LAND USE
6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building orientation,
increased setbacks, height limitations, size restrictions, design requirements, fencing,
landscaping or other methods as determined through the development review process.
6.12 — Village Planning Area
The Village Planning Area is designated for the establishment of an employment center at Beacon
Light Road that is oriented to the State Highway 16 corridor and the provision of goods and services
in the northwest portion of the City so residents are not required to travel significant distances for
basic amenities. The land uses are intended to be flexible to encourage corporate office, light
manufacturing, and similar uses into the area and to create a unique destination within the City. The
non-residential area along Beacon Light Road will transition into similar sized large lot residential
uses as development approaches Homer Road and the Foothills. Neighborhood Residential uses are
designated south of Beacon Light to Floating Feather Road. This area is not intended to be master
planned but does require great care in planning to ensure that uses are compatible and that the Village
Center serves as the activity center of the area and is not taken over by residential uses.
6.6.1 — Village Planning Area Land Uses/Design
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Residential
designation are encouraged to include apartments, town homes, condominiums, patio
homes, bungalows and live/work units ranging in densities from 4 to 8 units per acre.
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and in the Neighborhood Residential
designation, south of Beacon Light Road, should average 1-2 units per
acre. Residential area north of Beacon Light is Large Lot Residential with a
Residential Transition Overlay, transitioning (feathering and clustering) to the north
and east ensuring compatibility with existing residential and foothills development.
c. Lot sizing and compatibility will be paramount as residential development reaches the
existing 2 and 5-acre lots in the area east of Linder Road and north of Floating Feather
Road. Special care should be given to the feathering and clustering of residential units
as development reaches the foothills/Farmers Union Canal. (See Figure 6.10)
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d. All non-residential use in the Village Planning area should be directed to the Village
Center or the commercial center at State Highway 16 and State Highway 44 (See Moon
Valley & State Planning Area Section 6.10).
6.6.2 — Village Planning Area Access
A. The development Village Center Planning Area should include the construction of
north/south boulevards as entry roads into the area. These roads should include planted
medians, detached sidewalks, and traffic circles.
C. The Village Planning Area will be dependent upon the interconnectivity of local roads as
the area develops.
D. Access to the area from State Highway 16 should be limited to Beacon Light Road and, in
the short-term, Floating Feather Road.
G. A collector road should be constructed from the Village Center south to Floating Feather
Road and into the commercial development at the State Highway 44 and State Highway
16 intersection.
H. The design of the area should incorporate non -motorized pathways linking residential
areas to the Village Center, foothills, and the existing Eagle Downtown.
CHAPTER 8: TRANSPORTATION
8.4.1 — Roadway Strategies
P. Local and collector streets through residential neighborhoods are recommended to provide
connectivity while being designed to preserve the character of the surrounding
neighborhoods through appropriate design techniques, including street width, traffic
calming, and traffic control. The goal of the local street system is to provide for local
circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets
should be discouraged. In order to provide this connectivity, new developments should be
required to stub access to adjacent undeveloped or underdeveloped parcels consistent with
ACHD road spacing standards. All new developments should be reviewed for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre. Multi-
family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning
districts, unless approved as part of a planned unit development (PUD). Centralized water and
sewer facilities are required for all subdivision and lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E).
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was
approved by the city as a planned unit development. Density transfers may have been permitted
as a part of the overall development.
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DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions, as may have been incorporated
within the development agreement, are applicable to development within this zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
District Maximum
Height
R-3 35'
Minimum Yard Setbacks
Note Conditions A To E* Maximum Minimum Lot
Lot Area Minimum
Front Rear Interior Street Covered F (Acres Or Square Lot
Side Side And J* Feet) H* Width I*
f
30' 25' 7.5' 20' 40% 10,000 75'
B. Additional 5 feet per story side setback is required for multi -story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7 (J)(4): Landscape and Buffer Area Requirements:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided in combination with the berm, a four foot (4') wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes
vision across such yard above the height of two and one-half feet (21/2') measured from
the centerline grade of the adjacent street. Picket style fences where fifty percent (50%)
of the fence remains open may be permitted up to four feet (4') in height. Chainlink
fencing is prohibited in any front yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the
transportation and pathway network plan in the Eagle comprehensive plan, and on the
street side of all corner lots, shall be an open fencing style such as wrought iron or other
similar see through, decorative, durable fencing material, except as otherwise may be
permitted in subsection 8-2A-7J of this title.
3. Chainlink fencing is prohibited in the R (Residential) Zoning District.
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4. A permit is required prior to the construction of a fence in any front yard area and along
any street within the City subject to the application requirements established in section 8-
7-2 of this title.
• Eagle City Code Section 8-6-1: Purpose, Goals and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that
provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income levels
and lifestyles, and thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and building
types, lot dimensions, yards, building setbacks and area requirements;
2. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the Location of accessory commercial uses, office uses and
services;
3. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation, and prevents the disruption of natural
drainage patterns;
4. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density, transportation
and community facilities as presented in the comprehensive plan. (Ord. 566, 5-15-2007)
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may
be allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20%),
inclusive of the "offsetting increase" square footage.
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2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the 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.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common destinations
such as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the comprehensive plan and trails and pathways master plan
pathway design as it relates to both crime prevention and function, and the responsibilities of
ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways master
plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
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g. Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s) to the above
noted sites; and
h. In similar cases where deemed appropriate.
2. In addition, pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half (1/2) mile alongside a local or collector roadway in order to reach the
desired destination.
D. DISCUSSION:
• Pursuant to Eagle City Code Section 8-6-1, the intent of the PUD is "to create livable
communities that provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income levels and
lifestyles, and thereby enhance the living experience within the city of Eagle."
Through the approval of a conditional use permit, through the PUD, the applicant may request to
modify the design standards with city code including, but not limited to setbacks, minimum lot
width, and frontage requirements. The City Council has the discretion to evaluate the unique
design and site characteristics of the proposed PUD, along with the requested deviations from city
code, as summarized below, to ensure the purpose goals of the PUD are met through this
application.
o The applicant is requesting a R-3-DA-P (Residential with a development agreement — PUD)
zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks,
maximum lot coverage, and minimum lot width are required within the R-3 (Residential)
zone:
R-3 (Residential) zoned area:
Front 30-feet
Rear 25-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 75-feet
* A single-family dwelling that utilizes a side entry garage is permitted to have a 5-foot
reduction in the minimum required front yard setback provided that the distance in no less
than 20-feet within the R-2 zoning district.
* All front load garages shall be setback a minimum of 25-feet from the back of sidewalk.
The applicant has requested an 8-foot reduction of the front setback, a 15-foot reduction of
the rear setback, and a 13-foot reduction of the minimum lot width as shown:
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R-3-DA-P (Residential) zoned area:
Front 22-feet (living area) 31-feet (garage)
Rear 10-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 62-feet
o The applicant is requesting a R-3-DA-P (Residential with a development agreement — PUD)
zoning designation. Pursuant to Eagle City Code Section 8-2-4, the minimum residential lot
size within the R-3 (Residential) zone is 10,000-square feet. The applicant is proposing a
minimum lot size of 7,920-square feet. Pursuant to Eagle City Code Section 8-6-5-5(A), "a
decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the
same square footage in open space and a favorable finding is made by the council that the
smaller lots are appropriately integrated into the overall design and that the building product
type is compatible with the PUD and surrounding area."
Additionally, Eagle City Code Section 8-6-5-5(A) states that the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. 10% of the proposed site is 3.10-acres.
The applicant has provided an open space calculation on sheet No. C1.1 of the preliminary
plat showing the difference between the minimum required lot size and the proposed lot sizes
that are smaller than 10,000-square feet. The calculation provided indicates that 71,024-
square feet (1.63-acres) of offsetting increase would be required. The initial starting point for
open space (10% of the proposed 30.95-acre site) with the addition of the required offsetting
increase would result in a sum of 4.73-acres (15.3% of the site) of required open space.
However, the applicant has proposed 6.48-acres (20.94%) of open space and Eagle City Code
Section 8-6-5-5(A)(1) states that "The total common area open space shall be equal to or
greater than twenty percent (20%), inclusive of the `offsetting increase' square footage."
Pursuant to Eagle City Code Section 8-6-5-5(A) a favorable finding must be made by the
council that the smaller lots are appropriately integrated into the overall design and that the
building product type is compatible with the PUD and surrounding area.
o Pursuant to Eagle City Code Section 8-6-5-5(A)(3) "Setbacks for modified lots sizes shall
conform with the closest compatible base zone under section 8-2-4 of this title."
The proposed minimum lot size is 7,920-square feet, therefore the closest compatible base
zone is R-5 with the following setbacks, pursuant to Eagle City Code Section 8-2-4:
R-5 (Residential) zoned area:
Front 20-feet
Rear 25-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
The applicant has requested that the following setbacks:
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R-3-DA-P (Residential) zoned area:
Front 22-feet (living area) 31-feet (garage)
Rear 10-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
o The applicant has proposed that Lot 1, Block 1, have 25-feet of lot frontage adjacent to West
Feather Edge Street. Pursuant to Eagle City Code Section 8-2-4(I), "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."
The applicant should be required to submit a revised preliminary plat with Lot 1, Block 1,
shown to have at least 35-feet lot frontage. The revised preliminary plat should be provided
prior to submittal of a final development plan and final plat application.
• The applicant's narrative, dated March 23, 2025, indicates that the common lot open space areas
will contain a yard -games court, a sports court, picnic areas, and concrete pathways. The
preliminary plat landscape plan identifies the locations of the amenities. The Owner should be
required to construct all the amenities as identified within the provided narrative and shown on
the preliminary plat landscape plan overview. The amenities should be constructed with the first
phase of development prior to the City Clerk signing the first final plat.
• The preliminary development plan/preliminary plat does not identify the existing zoning of the
land located adjacent to the proposed subdivision. Pursuant to Eagle City Code Section 9-2-
3(C)(3)(h), the land use and existing zoning of the adjacent land is required to be shown on the
preliminary plat. The applicant should be required to provide a revised preliminary development
plan/preliminary plat that identifies the current zoning designations of the subject property and
the properties located adjacent to the proposed subdivision. The revised preliminary development
plan/preliminary plat should be provided prior to submittal of a final development plan and final
plat application.
• The preliminary plat does, not include a plat note addressing the provision of irrigation water. The
applicant should be required to provide a revised preliminary plat with a plat note that states,
"Irrigation water has been provided by in compliance with Idaho Code Section
31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares
and individual lots will remain subject to assessments from the applicable irrigation entities, to be
paid through fees assessed by the homeowner's association. The pressurized irrigation system
shall be owned and maintained by the Tavira Subdivision Homeowner's Association, or its
assigns." The revised preliminary plat should be provided prior to submittal of a final
development plan and final plat application.
• The preliminary plat does not include a plat note addressing an ACHD license agreement. The
applicant should be required to provide a revised preliminary plat with a plat note that states,
"This subdivision is subject to the terms of ACHD License Agreement Instrument No.
." The revised preliminary plat should be provided prior to submittal of
final development plan and final plat application.
• The preliminary plat does not include a plat note addressing the ACHD storm water drainage
system. The applicant should be required to provide a revised preliminary plat with a plat note
that states, "A portion of Lot(s) _, Block(s) _, is servient to and contains the ACHD storm
water drainage system. The lots are encumbered by the certain first amended master perpetual
storm water drainage easement recorded on November 10, 2015, as Instrument No. 2015-013256
within the official records of Ada County, and incorporated herein by this reference as if set forth
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in full (the "Master Easement"). The Master Easement and the storm water drainage system are
dedicated to ACHD pursuant to Section 40-2302 of Idaho Code. The Master Easement is for the
operation and maintenance of the storm water drainage system." The revised preliminary plat
should be provided prior to submittal of a final development plan and final plat application.
• The applicant has proposed a ten foot (10') wide regional pathway along the north side of West
Broken Arrow Street. A 10-foot wide pathway should be constructed to the City standards for
concrete pathways along the north side of West Broken Arrow Street and should be constructed
with the first phase of development. The pathway should be located in a recorded 25-foot wide
easement or easements dedicated to and accepted by the City of Eagle. The instrument number of
the recorded easement or easements should be referenced on the face of the plat, upon recordation
of the final plat(s) wherein the pathway is located. The City should also have the option to erect
wayfinding and other signage as needed.
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 24-03, a portion of the water capitalization fee shall be collected at the
time of preliminary plat submittal and the remainder of the fee shall be collected at the time of
final plat submittal. The applicant should be required to pay the remainder of the water
capitalization fee prior to the City Clerk signing the final plat.
• The Eagle Parks, Pathways, and Recreation Commission (PPRC) reviewed the proposed
pathways associated with the development and the Commission's recommendations are reflected
in the action report, dated March 18, 2025, attached hereto. The applicant should be required to
comply with the site specific conditions as outlined in the report, dated March 18, 2025. The
required pathways and amenities should be completed with the first phase of development prior to
the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April 7,
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
three (3) individuals (not including the applicant's representative) who indicated the following:
• The proposed subdivision offers appealing lot sizes.
• The north -south pathway along North Hamlin Avenue is a desirable aspect of the active open
space.
• The versatile sports -court and yard games -court are unique amenities.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on upon the information provided
by staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 01:07:58):
https ://eagl e-id.granicus. com/player/clip/205 8?view_id=1 &redirect=true
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COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 2 to 0 (Wright and Smith absent, Guerber recused) to recommend approval of
A-2024-02/RZDA-2024-04 for an annexation and rezone from RUT (Rural -Urban Transition — Ada
County designation) to R-3-DA-P (Residential with a development agreement — PUD) with the following
staff recommended conditions to be placed within a development agreement:
3.1 The maximum density for the Property shall be 2.55 dwelling units per acre (79 single-family
detached dwellings).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner 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.
3.3 The Concept Plan (Exhibit C) represents 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. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 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 landscaping, pressurized irrigation facilities, fences shown, and 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 and that the homeowners 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 D). All
other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited.
(c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to
maintain and operate the light fixtures including the repair and replacement of the fixture, any
associated electrical supply, and light bulbs, in perpetuity.
(d) 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 to comply with the applicable rule, regulation, law or ordinance.
(e) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Terra View South Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat
3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "E".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
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The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.6 Owner shall not file a protest with the Idaho Department of Water Resources against the City of
Eagle regarding water rights application(s) for the construction of any municipal wells located
within the City of Eagle water service area. Owner shall not apply for additional ground water
rights associated with the Property irrigation system.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 2 to 0 (Wright and Smith absent, Guerber recused) to recommend approval of
CU-2024-09/PPUD-2024-02/PP-2024-06 for a conditional use permit, preliminary development plan, and
preliminary plat for Tavira Subdivision with the following staff recommended site specific conditions of
approval and standard conditions of approval with underline text to be added by the Commission and
strike through text to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZDA-2024-
04.
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.
4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) 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 eight foot (8') wide landscape strip between the five foot (5')
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 for the homes.
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.
5. Tavira Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-
8[D][4])
6. The applicant shall provide CC&Rs stating that the Homeowner'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])
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7. 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.
8. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final development plan/final plat application.
9. The applicant 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.
10. The applicant shall be required to construct all the amenities as identified within the provided
narrative and shown on the preliminary plat landscape plan overview. The amenities shall be
constructed with the first phase of development prior to the City Clerk signing the first final plat.
11. The following setbacks, minimum lot width, and lot coverage requirements shall apply:
Front - Living 22-feet
Front — Garage (Front Load) 31-feet
Rear 10-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 62-feet
12. The applicant shall be required to submit a revised preliminary plat showing Lot 1, Block 1, having a
minimum of 35-feet of lot frontage. The revised preliminary plat shall be provided prior to submittal
of a final development plan and final plat application.
13. The applicant shall be required to provide a revised preliminary development plan/preliminary plat
that identifies the current zoning designations of the subject property and the properties located
adjacent to the proposed subdivision. The revised preliminary development plan/preliminary plat
shall be provided prior to submittal of a final development plan and final plat application.
14. The applicant shall be required to provide a revised preliminary plat with a plat note that states,
"Irrigation water has been provided by in compliance with Idaho Code Section 31-
3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and
individual lots will remain subject to assessments from the applicable irrigation entities, to be paid
through fees assessed by the homeowner's association. The pressurized irrigation system shall be
owned and maintained by the Tavira Subdivision Homeowner's Association, or its assigns." The
revised preliminary plat shall be provided prior to submittal of a final development plan and final plat
applications.
15. 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).
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16. The applicant shall be required to provide a revised preliminary plat with a plat note that states, "This
subdivision is subject to the terms of ACHD License Agreement Instrument No.
." The revised preliminary plat shall be provided prior to submittal of a final
development plan and final plat application.
17. The applicant shall be required to provide a revised preliminary plat with a plat note that states, "A
portion of Lot(s) Block(s) _, is servient to and contains the ACHD storm water drainage system.
The lots are encumbered by the certain first amended master perpetual storm water drainage easement
recorded on November 10, 2015, as Instrument No. 2015-013256 within the official records of Ada
County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The
Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section
40-2302 of Idaho Code. The Master Easement is for the operation and maintenance of the storm water
drainage system." The revised preliminary plat shall be provided prior to submittal of a final
development plan and final plat application.
18. A 10-foot wide pathway shall be constructed to the City standards for concrete pathways along the
north side of West Broken Arrow Street and shall be constructed with the first phase of development.
The pathway shall be located in a recorded 25-foot wide easement or easements dedicated to and
accepted by the City of Eagle. The instrument number of the recorded easement or easements shall be
referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located.
The City shall also have the option to erect wayfinding and other signage as needed.
19. The applicant shall be required to pay the remainder of the water capitalization fee prior to the City
Clerk signing the final plat.
20. The applicant shall be required to comply with the site specific conditions as outlined in the report,
dated March 18, 2025. The required pathways and amenities shall be completed with the first phase
of development 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 March 4, 2025:
21. For all alignments in EXHIBIT A of the PPRC action report shown as NEIGHBORHOOD — the
developer shall provide a six foot (6') wide (minimum) concrete pathway built to approved City
standards.
22. For all alignments in EXHIBIT A of the PPRC action report shown as COMMUNITY — the
developer shall provide an eight foot (8') wide (minimum) concrete pathway built to approved City
standards.
23. For all alignments in EXHIBIT A of the PPRC action report shown as REGIONAL — the developer
shall provide a ten foot (10') wide (minimum) concrete pathway built to approved City standards.
24. The developer shall provide public access easements in favor or the City of Eagle for all alignments
in EXHIBIT A of the PPRC action report shown as "REGIONAL", "COMMUNITY" and
"NEIGHBORHOOD". Public use shall be limited to the pathway tread and connecting facilities and
equipment intended for pathway users which may include, but are not limited to, benches, drinking
water sources, dog bag dispensers/waste receptacles, and bike repair stations.
25. For all alignments in EXHIBIT A of the PPRC action report shown as SIDEWALK, the developer
shall provide sidewalks that comply with ACHD requirements.
26. 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.
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27. 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.
28. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
29. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to
eliminate sharp turns or blind corners.
30. 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 Pathway
and Trail Design Standards (Resolution No. 23-19). 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.
31. No trails or pathways will be maintained by the City with this development, however, the developer
shall provide maintenance access easements 25-feet in width in favor of the City of Eagle, with a
minimum four -foot (4') margin on each side of the pathway tread within any part of the easement
where possible for all alignments shown as "REGIONAL" and "COMMUNITY". 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.
32. 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."
33. 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.
34. 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.
35. 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.
36. The developer and future homeowners association shall provide maintenance of all pathways, in
perpetuity.
37. Within all public access easements, the City shall reserve the right to display signage similar to what
is shown in Exhibit B of the PPRC action report.
38. Maintenance vehicle access (for City maintained trails) is to be provided. Design to be approved by
the City in writing prior to the beginning of construction of that portion of the trail.
39. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails
where only one access is available or where a trail terminates without access to a public roadway.
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40. Material staging areas for large maintenance projects shall be designed and documented, and
available for use within 30-days of written notice provided by the City, for any pathway that will be
maintained by the City.
41. Signage, including the physical form, materials, placement, and message, that the developer or HOA
wishes to display within public access easement(s) must be approved in writing by the City.
42. The developer shall construct a six foot (6') wide Neighborhood Pathway in accordance with the City
of Eagle Pathway and Trail Design Standards (Resolution No. 23-19) within Lot 1, Block 2 and Lot
1, Block 5, connecting open space amenities with nearby sidewalks, as shown in BLUE in EXHIBIT
A of the PPRC action report. A 14-foot wide public access easement over the six foot (6') wide
Neighborhood Pathways with a minimum four -foot (4') margin on each side of pathway tread shall be
shown on the plat.
43. The developer shall construct an eight foot (8') wide Community Pathway along the east west side of
North Hamlin Avenue and within Lot 1, Block 4 in accordance with the City of Eagle Pathway and
Trail Design Standards (Resolution No. 23-19), as shown in RED in EXHIBIT A of the PPRC action
repor-t. A 16-foot wide public access easement over the eight foot (8') wide Community Pathways
with a minimum four foot (4') wide margin on each side of pathway tread shall be shown on the plat.
If the developer cannot construct the eight foot (8') wide Community Pathway along the east side of
North Hamlin Avenue, the developer shall construct the pathway along the west side of North Hamlin
Avenue instead. A five foot (5') wide sidewalk shall be constructed on the east side of North Hamlin
Avenue that does not have the eight foot (8') wide pathway.
44. The developer shall construct a 10-foot wide Regional Pathway along the north side of West Broken
Arrow Street in accordance with the City of Eagle Pathway and Trail Design Standards (Resolution
No. 23-19), as shown in YELLOW in EXHIBIT A of the PPRC action report. An 18-foot wide public
access easement over the ten foot (10') wide Regional Pathways with a minimum four -foot (4') wide
margin on each side of pathway tread shall be shown on the plat.
45. The developer shall provide a revised preliminary plat and development plan with more usable open
space, including the addition of a play structure.
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.
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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 title
or other like satisfactory underground conduit to permit the delivery of water to those landowners
within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of
the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a surety
shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's
shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to
the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over
the curb, or to the 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.
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11. 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 fmal 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 fmal plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the fmal 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.
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19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle 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 the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance
of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain 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.
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31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years
following City Council approval the preliminary plat application shall 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 Depaitment, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 8,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
• Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
• State the days and hours in which heavy truck traffic is permitted to utilize the designated
route(s).
• Maximize the use of highways and principal arterials while minimizing the use of local
residential streets.
• State that compression braking is prohibited everywhere in Ada County.
• Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted at
the time of the submittal of a final plat application.
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 Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-2024-02/RZDA-2024-04) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
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a. The requested zoning designation of R-3-DA-P (Residential with a development agreement —
PUD) is consistent with the Neighborhood designation as shown on the Comprehensive Plan
Land Use Map because the proposed density (2.55 units per acre) is between 2 units per acre and
4 units per acre;
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 R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA (Residential with a development agreement) zone and land use to
the north since that area has been entitled for development with lots of similar size;
d. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA-P (Residential with a development agreement — PUD) zone and land
use to the south since that area has been developed with lots of similar size;
e. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-4-DA (Residential with a development agreement) zone and land use to
the east since that area has been entitled for development with lots of similar size, and is
compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use
to the east since that area is agricultural land and designate Neighborhood in the Comprehensive
Plan;
f. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA (Residential with a development agreement) zone and land use to
the west that area has been entitled for development with lots of similar size;
The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use as conditioned within the development agreement so not to create a non-
conforming use with the R-3-DA-P zone.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-2024-09/PPUD-2024-02/PP-2024-
06) and based upon the information provided concludes that the application is in accordance with the
City of Eagle Title 9 (Subdivisions) because:
a. 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.
Tavira Subdivision has been proposed for development in conformance with the requirements of
Eagle City Code and in conformance with the development agreement associated with the site.
The contribution to the economic welfare of the Eagle community will be enhanced by the
proposed development improvements and recreational amenities; and
b. 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.
Tavira Subdivision is designed to be harmonious with the adjacent proposed developments and is
in conformance with the development agreement associated with the site; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Tavira Subdivision is proposed to be developed in a manner harmonious with existing
agricultural and residential uses in the immediate vicinity as well as the future uses mentioned
within the Comprehensive Plan, such as commercial uses within the Village Center; and
g.
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d. 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.
The development is planned for residential use, similar to the character of the surrounding area. It
is not anticipated that any uses or activities will be detrimental to the surrounding properties upon
completion of the site work. Tavira Subdivision will be served by West Broken Arrow Street
(collector), North Hamlin Avenue (collector), and an internal street network; and
e. 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.
Tavira Subdivision will be served by West Broken Arrow Street (collector) and North Hamlin
Avenue (collector). All central services (including police and fire protection) are available or may
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; and
f That the development will not create excessive additional requirements at public cost for public
facilities and services.
g.
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, City of Eagle Municipal Water,
and Ada County Highway District; and
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 will contain a minimum of 6.48-acres (20.94%) of open space. The common
lots will include a play structure, community and regional pathways, and two (2) locations with
sports/yard-games courts and picnic areas; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include a local road (West Rider Stone Way) connecting to Millstone Farm
Subdivision to the east, as well as a collector (North Hamlin Avenue) which will provide intra-
neighborhood connectivity to Terra View South Subdivision to the north and Arvory Crest
Subdivision to the south. Access to the development will be provided from West Broken Arrow
Street and North Hamlin Avenue. The design and construction of the roadways and entrances is
regulated by the Ada County Highway District; and
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The site was previously utilized for agricultures uses; therefore, no scenic or historic features of
major importance exist on site; and
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
Condition of Development #1.3 of the development agreement requires that development of the
property shall be in conformance with the City of Eagle's comprehensive plan in effect at the
time the development agreement is recorded. The proposed development will be in conformance
with the comprehensive plan in effect at the time of execution of the development agreement; and
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k. 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.
The applicant has requested approval of a conditional use permit, preliminary development plan,
and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as
will be required to meet the conditions herein. In addition, the developer will be required to
submit an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review; and
1. 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.
Residential is the only use approved for this development, while adjacent developments will
include residential uses and commercial uses as supported by the Comprehensive Plan; and
In case of large scale development (incorporating eleven (I I) or more lots or dwelling units):
m. 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 development is located within the boundaries of the Middleton Rural Fire District/Star Fire
Protection District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by City of Eagle Municipal Water System. The
water infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. The Eagle Sewer
District had a regional sewer lift station located near the proposed development. Prior to the
developer installing the required sewer infrastructure, the developer will be required to comply
with the District's requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion, the roads will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 20.94% of open space. 86% (5.6-acres) of the open
space will be active open space. The applicant is required to provide a yard -games court, a sports
court, picnic areas, and a children's play structure, which will provide the residents living within
the development recreational opportunities. Pathways will provide the public safe and efficient
ways to move through the development.
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Maintenance
The maintenance of any private open space areas will be regulated by the Tavira Homeowner's
Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by
the respective agencies.
Schools
Tavira Subdivision is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Hardin Services through a contract with the City of Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build -out is
approximately $62,620/annually.
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.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development; therefore, the public service providers avoid potential liability and expenses.
P.
DATED this 21 st day of April, 2025.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chai
A EST:
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"Regulatory Taking Notice: In accordance with section; 67,6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis"
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K:\Planning Dcpt\Eaglc Applications \Subdivisions\Tavira\01-Tavira Subdivision A RZ PPUD PP\03-Working Files \03-Planning and Zoning\02-P&Z Packct\Tavira Subdivision pzfdoc