Findings - CC - 2025 - A-2024-03/RZDA-2024-06/CUP-2024-10/PPUD-2024-02/PP-2024-07 - Annexation, rezone from RUT to R-2-DA-P, conditional use permit, preliminary development plan, and preliminary plat for Flicker Pointe SubBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION, REZONE FROM
RUT [RURAL URBAN TRANSITION — ADA
COUNTY DESIGNATION] TO R-2-DA-P
[RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT-PUD], CONDITIONAL USE
PERMIT, PRELIMINARY DEVELOPMENT
PLAN, AND PRELIMINARY PLAT FOR
FLICKER POINTE SUBDIVISION FOR STEVE
ARNOLD, A -TEAM LAND CONSULTANTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2024-03/RZDA-2024-06/CUP-2024-10/PPUD-2024-02/PP-2024-07
The above -entitled annexation, rezone with a development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their action
on August 12, 2025, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Steve Arnold, A -Team Land Consultants, is requesting annexation, rezone from RUT (Rural -
Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development
agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat
approvals for Flicker Pointe Subdivision, a 12-lot (9-buildable [1-existing], 3-common)
residential planned unit development. The 6.88-acre site is located on the south side of West
Floating Feather Road, approximately 875-feet east of North Linder Road at 1435 Weldon Place.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 1435 North Weldon Place, Eagle, Idaho at 6:00 PM, on
Monday, June 14, 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 21, 2024.
Revised preliminary plats, pathway plans, landscape plans, and fencing plans were received on
February 26, April 16, May 2, May 5, and May 9, 2025. The owner of the property has consented
in writing to the annexation into the City of Eagle.
C. CONTIGUOUS TO CITY LIMITS:
The subject property is contiguous to Eagle city limits along the northern and southern property
boundaries.
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D. 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 June 13, 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
June 12, 2025. The site was posted in accordance with the Eagle City Code on June 17, 2025.
Requests for agencies' reviews were transmitted on December 20, 2024, in accordance with the
requirements of the Eagle City Code.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
July 25, 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 July 23, 2025. The site
was posted in accordance with the Eagle City Code on July 30, 2025.
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
There is no history of relevant previous actions.
F. COMPANION APPLICATIONS:
All applications are inclusive herein.
G. 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 November 15, 2024, (attached
to the staff report).
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H. 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 and Residential
(1 single-family dwelling)
Proposed
P
No Change
R-2-DA-P (Residential
with a development
agreement — PUD)
Proposed Residential
Subdivision
North of site
Neighborhood
R-2-DA (Residential
with a development
agreement)
Agricultural
South of site
Neighborhood
R-2-DA (Residential
with a development
agreement)
Residential (Copperfield
Subdivision)
East of site
Neighborhood
RUT (Rural -Urban
Transition — Ada County
designation) and R-E-
DA (Residential -Estate
with a development
agreement)
Estate Residential
West of site
Neighborhood
RUT (Rural -Urban
Transition — Ada County
designation)
Agricultural and Residential
I. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
J. SITE DATA:
Total Acreage of Site — 6.88
Total Number of Lots — 12
Residential —9
Commercial — 0
Industrial — 0
Common — 3
Total Number of Units —
Single-family - 9
Single-family attached - 0
Two-family - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Proposed
Required
DwellingUnits Per Gross Acre
1.31-dwelling units per acre
1.31-dwelling units per
acre maximum (as limited
by the development
agreement)
Minimum Lot Size
17,021-square feet
17,000-square feet
Minimum Lot Width
80-feet
75-feet
Minimum Street Frontage
67-feet
35-feet
Total Acreage of Common Area
Open Space
1.41-acres
1.38-acres (minimum)
Percent of Site as Common Area
Open Space
20.5%
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
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on May 9, 2025, shows a 61-foot
wide common lot (Lot 1, Block 1) along the frontage of the subject property on West Floating
Feather Road. The common lot includes tree and shrub planting that provides a buffer from the
minor arterial road.
Common Area Open Space:
See the preliminary landscape plan, date stamped by the City on May 9, 2025. 20.5% 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:
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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.
L. STREET DESIGN:
Private or Public Streets:
All streets within the subdivision are public streets. See the ACHD staff report, dated January 7,
2025, attached to the staff report.
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 are located outside of the right-of-way and
are proposed on the east side of Flicker Way and both sides of Flicker Court. The ten foot (10')
wide pathway located on the south side of West Floating Feather Road is outside of 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.
M. ON AND OFF -SITE PEDESTRIAN CIRCULATION:
Pedestrian Walkways:
The preliminary plat, date stamped by the City on May 9, 2025, shows 5-foot wide sidewalks
(separated from the curb by an 8-foot wide planter strip) on both sides of Flicker Court and the
east side of Flicker Way, as well as an 8-foot wide community pathways located within one (1)
common lot (Lot 3, Block 2) along the Ada County Drainage District No. 2 drainage ditch.
Additionally, a 10-foot wide regional pathway is located within one (1) common lot (Lot 1, Block
1).
• There is no existing pedestrian infrastructure that will be connected by the proposed
walkways, however future development to the east and west would provide pedestrian
connections to the proposed sidewalks and pathways.
N. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
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O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the service boundaries of the Eagle Police Department, Eagle Fire Department,
Eagle Sewer District, and Veolia Water. The property has not been annexed into the Eagle Sewer
District yet, however, in an email to the City, dated January 6, 2025, and attached to the staff
report, the District stated that sewer is available and anticipates being able to serve the
development.
P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — no
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
Q.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
No environmental features of concern were identified within the natural features analysis dated
November 1, 2024, attached to the staff report.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has proposed one (1) phase of development.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1 That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
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.
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7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In 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 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district): 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.
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T. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter dated June 10, 2025, are of special
concern.
Ada County Highway District
Ada County Drainage District No. 2
Central District Health Department
Idaho Transportation Department
Veolia Water
Eagle Sewer Department
U. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
All comments within the City's action report dated May 20, 2025, are of special concern, attached
to the staff report.
V. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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.
6.5 — Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to formalize
an activity center by Eagle High School and the existing residential development in the area. The
goal is to establish a neighborhood center/node with pedestrian scale design and access to the
future transit along State Highway 44. The following land use and development policies are
specific to the Park Lane Planning Area.
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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.
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:
Minimum Yard Setbacks
Note Conditions A To E* Maximum ' Minimum Lot
Zoning Lot Area Minimum
District Maximum Front Rear Interior Street Covered F (Acres Or Square Lot
Height Side Side And J* Feet) IF Width I*
R-2
20' 40% 17,000 75'
B. Additional 5 feet per story side setback is required for multi -story structures. Height
not to exceed maximum allowed within the zone.
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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:
b. Any road designated as a minor arterial on the master street map typologies map in
the Eagle comprehensive plan:
A minimum of fifty feet (50') 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:
five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental 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.
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 8-3-5: Unique Land Uses:
A. Accessory Structure:
1. Will not be located in any required front or street side yard area within the R-E,
R, and MU zoning districts. Accessory structures located with the A and A-R
zoning districts may be permitted within the front or street side yard area and
shall comply with the minimum setbacks as required in section 8-2-4 of this title,
in which case the exterior design of the accessory structure will be compatible
with the principal residence on the lot and shall not detract from the single-family
appearance of the lot or obscure and confuse the front entrance of the principal
structure. For the purposes of implementing this section, the term compatible
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shall mean similar exterior building materials and form, including but not limited
to similar: building shape and height, roof pitch, colors, siding, wainscoting,
windows, and doors;
• 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 OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips
B. Reserve Strips:
1. Private Reserve Strips: Privately held reserve strip access to streets shall be
prohibited.
• 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;
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.
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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. Pathways:
5. Classifications
a. Regional:
(1) The tread shall be a minimum of ten feet (10') in width
(2) Shall be constructed to the City Pathways and Trails Design and
Construction
Standards, unless otherwise approved by the City.
(3) Shall be maintained by the City, HOA, developer, or property owner, as
determined by the City.
(4) Tread surface shall be determined by the City
(5) Shall include a twenty-five foot (25') wide public access easement for
City maintained Pathways. All Pathways not dedicated to the City shall have
an easement width of a minimum of the tread width plus four feet (4') on
each side unless the pathway is located within a public right-of-way, then an
easement is not required. The City may grant an exception to the required
easement width
(6) Adequate lighting for bridges and tunnels may be required as determined
by the City.
(7) To mitigate congestion along roadways related to regional pathways, off-
street public parking may be required by the City.
D. DISCUSSION:
• The applicant has proposed a common lot (Lot 1, Block 3) along the west side of Flicker Way
that consists of a planter strip and is partially dedicated as right-of-way. By only dedicating a
portion of the common area as right-of-way, the privately held lot prohibits future
development to the west from gaining driveway access from Flicker Way. Pursuant to site
specific condition #6 in the City Engineer's letter of approval dated June 10, 2025, and site
specific condition #4 of ACHD's report dated January 7, 2025, the applicant should be
required to dedicate Lot 1, Block 3, as right-of-way up to the western property boundary. The
applicant should provide a revised preliminary plat showing Lot 1, Block 3, dedicated as
right-of-way. The revised preliminary plat should be provided prior to submittal of a final
development plan and final plat application.
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• The applicant has proposed that the right-of-way along Flicker Way and Flicker Court to
terminate within the 8-foot planter strips between the road and 5-foot concrete sidewalks. As
proposed, the sidewalk is not included within any public access easements or right-of-way.
Pursuant to ACHD's report dated January 7, 2025, the applicant should reduce the right-of-
way to 2-feet behind back of curb and provide a permanent right-of-way easement from the
right-of-way line to 2-feet behind back of sidewalk. The applicant should provide a revised
preliminary plat showing the planter strip, sidewalk, and 2-feet behind back of sidewalk
included within public right-of-way and right-of-way easements. The revised preliminary plat
should be provided prior to submittal of a final development plan and final plat application.
• The applicant plans to move the existing shop located on Lot 6, Block 2, as noted on the
preliminary plat. The structure is located 43-feet from the proposed road and located within
the proposed 10-foot side setback. Pursuant to Eagle City Code Section 8-3-5(A), accessory
structures will not be located in any front or side yard area within the R zoning district, and
shall comply with the minimum setbacks. The applicant should be required to remove the
existing shop or relocate it to Lot 5, Block 2, where the existing single-family dwelling is
intended to remain. If the existing shop is relocated, it should be placed within the rear yard
area and should comply with the proposed setbacks.
• The applicant has proposed for one existing single-family dwelling to remain on the property
on Lot 5, Block 2. Driveway access for the existing dwelling will remain from the private
road to the east of the development. Lot 6, Block 2 is proposed to abut Flicker Court to the
west and North Weldon Place (private) to the east. Driveway access from North Weldon
Place should be prohibited except for Lot 5, Block 2. The applicant should provide a revised
preliminary plat with a plat note stating "Direct lot access from North Weldon Place shall be
prohibited except for Lot 5, Block 2". The revised preliminary plat should be provided prior
to submittal of a final development plan and final plat application.
• The applicant has proposed an 8-foot wide community pathway along the Ada County
Drainage District No. 2 (DD2) drainage ditch to the south of the site. The instrument number
of the recorded license agreement and pathway agreement between the applicant and
Drainage District No. 2 over the 8-foot wide community pathway should be referenced on the
face of the plat, upon recordation of the final plat wherein the pathway is located.
Pursuant to Eagle City Code 9-4-1-6(D)(5)(b), community pathways not dedicated to the City
shall have an easement width of a minimum of the tread width plus four feet on each side.
The applicant should provide a revised preliminary plat showing an 16-foot permanent
pathway easement in the favor of the City of Eagle over the 8-foot community pathway, with
four feet on each side. The revised preliminary plat should be provided prior to submittal of a
final development plan and final plat application. The instrument number for the pathway
easement should be referenced on the face of the plat prior to the City Clerk signing the final
plat.
• The applicant has proposed a 10-foot wide regional pathway within Lot, 1, Block 1, along
West Floating Feather Road. Pursuant to Eagle City Code Section 9-4-1-6(D)(5)(a), regional
pathways not dedicated to the City shall have an easement width of a minimum of the tread
width plus four feet on each side. The applicant should provide a revised preliminary plat
showing an 18-foot permanent pathway easement in the favor of the City of Eagle over the
10-foot regional pathway, with four feet on each side. The revised preliminary plat should be
provided prior to submittal of a final development plan and final plat application. The
instrument number for the pathway easement should be referenced on the face of the plat
prior to the City Clerk signing the final plat.
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• The applicant has proposed a 61-foot wide common lot (Lot 1, Block 1) between West
Floating Feather Road, a minor arterial road, and the buildable lots within Flicker Pointe
Subdivision. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), a minimum of a 50-foot
wide buffer area (not including right-of-way) shall be provided with a minimum 5-foot high,
maximum 8-foot 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 applicant should provide a revised preliminary plat showing the buffer located on
Lot 1, Block 1, designed pursuant to Eagle City Code Section 8-2A-7(J)(4)(b). The
preliminary plat should be provided prior to submittal of a design review application.
• 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 May 20, 2025, attached hereto. The applicant should be
required to comply with the site specific conditions as outlined in the report, dated May 20,
2025. The required pathways and amenities should be completed prior to the City Clerk
signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on July 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
no one (not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning
and Zoning Commission by four (4) individuals who indicated they have the following concerns and
questions:
• The applicant should provide screening to prevent light pollution from cars on Flicker Way from
trespass into the backyards of homes across the drainage ditch to the south.
• The applicant should limit the proposed homes within Flicker Pointe that back up to the drainage
ditch to one-story to preserve the privacy of the existing residences across the ditch.
• The applicant should state what type of screening would be provided between the site and the
property to the west.
• The applicant should dedicate Lot 1, Block 3, as right-of-way to allow for future driveway access
to be taken from Flicker Way if development to the west occurs in the future.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 03:17:48): https://eagle-id.granicus.com/player/clip/2105?view id=l &redirect=true
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 4 to 0 (Smith absent) to recommend approval of A-2024-03/RZDA-2024-06 for
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R-2-DA-P
(Residential with a development agreement — PUD) with the conditions to be placed within a
development agreement as provided within their findings of fact and conclusions of law document, dated
July 21, 2025.
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COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Smith absent) to recommend approval of CUP-2024-10/PPUD-2024-
02/PP-2024-07 for a conditional use permit, preliminary development plan, and preliminary plat for
Flicker Pointe Subdivision with the site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document, dated July 21, 2025.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on August 12, 2025, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City
Council by one (1) individual who indicated they have the following concerns:
• The applicant should be required to dedicate the landscape strip on the west side of Flicker Way
as public right-of-way.
• The applicant should be required to stub sewer and water to the west.
COUNCIL DELIBERATION:
Upon closing the public hearing, the City Council made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 01:52:30): https://eagle-id.granicus.com/player/clip/2122?view_id=1&redirect=true
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 4 to 0 to approve A-2024-03/RZDA-2024-06 for annexation and rezone from RUT
(Rural -Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development
agreement — PUD) with the following conditions to be placed within a development agreement:
3.1 The maximum density for the Property shall be 1.31 dwelling units per acre (9 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.
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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 Flicker Pointe Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat
3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Owner shall provide proof of central sewer service to the proposed residential use.
3.6 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.
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.
3.7 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.
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COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CUP-2024-10/PPUD-2024-02/PP-2024-07 for a conditional use
permit, preliminary development plan, and preliminary plat for Flicker Pointe Subdivision with the
following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underline text to be added by the Council and strike through text to
be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZDA-2024-
06.
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. The developer shall provide a detailed arborist report and an existing tree inventory map identifying
all existing trees located on site. The report shall identify, at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. The developer shall provide a narrative indicating which trees will be incorporated into
the design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
6. The developer shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and all
common areas throughout the development, 3) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation
pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street
lights. The design review application shall be reviewed and approved by the Eagle Design Review
Board prior to the submittal of a final plat application.
7. Flicker Pointe Subdivision shall remain under the control of one Homeowners Association. (ECC 9-
3-8[D][4])
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8. 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])
9. 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.
10. 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.
11. 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.
12. The following setbacks, minimum lot width, and lot coverage requirements shall apply:
Front 30-feet
Rear 30-feet
Interior Side 10-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 75-feet
13. The rear setback for Lots, 1, 2, and 4, Block 2, shall be 30-feet with an additional 5-feet for each
additional story.
14.
(southern) property boundaries of Lots 1, 2, and 4, Block 2. The applicant shall provide landscape
screening that assists in limiting light produced by vehicular headlights from being visible from
adjacent properties to the south. The proposed screening shall be included in the design review
application.
15. The applicant shall provide a revised preliminary plat showing Lot 1, Block 3, dedicated as right-of-
way. The revised preliminary plat shall be provided prior to submittal of a final development plan and
final plat application.
16. The applicant shall provide a revised preliminary plat showing the planter strip, sidewalk and 2-feet
behind back of sidewalk included within public right-of-way and right-of-way easements. 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 remove the existing shop or relocate it to Lot 5, Block 2, where the
existing single-family dwelling is intended to remain, or to the rear of Lot 6, Block 2. If the existing
shop is relocated, it shall be placed within the rear yard area and shall comply with the proposed
setbacks.
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18. Driveway access from North Weldon Place shall be prohibited except for Lot 5, Block 2. The
applicant shall provide a revised preliminary plat with a plat note stating "Direct lot access from
North Weldon Place shall be prohibited except for Lot 5, Block 2". The revised preliminary plat shall
be provided prior to submittal of a final development plan and final plat application.
19. The instrument number of the recorded license agreement and pathway agreement between the
applicant and Drainage District No. 2 over the 8-foot wide community pathway shall be referenced on
the face of the plat, upon recordation of the final plat wherein the pathway is located.
20. The applicant shall provide a revised preliminary plat showing a 16-foot permanent pathway
easement in the favor of the City of Eagle over the 8-foot community pathway, with four feet on each
side. The revised preliminary plat shall be provided prior to submittal of a final development plan and
fmal plat application. The instrument number for the pathway easement shall be referenced on the
face of the plat prior to the City Clerk signing the final plat.
21. The applicant shall provide a revised preliminary plat showing an 18-foot permanent pathway
easement in the favor of the City of Eagle over the 10-foot regional pathway, with four feet on each
side. The revised preliminary plat shall be provided prior to submittal of a final development plan and
final plat application. The instrument number for the pathway easement shall be referenced on the
face of the plat prior to the City Clerk signing the final plat.
22. The applicant shall provide a revised preliminary plat showing the buffer located on Lot 1, Block 1,
designed pursuant to Eagle City Code Section 8-2A-7(J)(4)(b). The preliminary plat shall be provided
prior to submittal of a design review application.
23. The applicant shall be required to comply with the site specific conditions as outlined in the Parks,
Pathways, and Recreation Commission (PPRC) report, dated May 20, 2025. The required pathways
and amenities shall be completed with the first phase of development prior to the City Clerk signing
the fmal plat.
The following conditions of approval reflect the recommendation made by the City of Eagle Parks,
Pathways, and Recreation Commission at the meeting on May 15, 2025:
24. For all alignments in EXHIBIT B shown as COMMUNITY — 8-foot wide, the developer shall
provide an 8-foot wide natural surface pathway built to approved City standards, at a minimum, and
shall have an easement width of a minimum of the tread width plus 4-feet on each side.
25. For all alignments in EXHIBIT B shown as REGIONAL — 10-foot wide, the developer shall provide
a 10-foot wide concrete pathway built to approved City standards, at a minimum, and shall have an
easement width of a minimum of the tread width plus 4-feet on each side.
26. The developer shall provide public access easements in favor or the City of Eagle for all alignments
in EXHIBIT B shown as "REGIONAL" and "COMMUNITY". 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.
27. For all alignments in EXHIBIT B shown as SIDEWALK, the developer shall provide sidewalks that
comply with ACHD requirements, and shall be covered by an 8-foot wide public access easement.
28. 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.
29. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
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30. The intersections of pathways, sidewalks, and trails shall have a minimum radius of 8-feet to
eliminate sharp turns or blind corners.
31. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future
shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE
TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access
easement shall extend to the parcel boundary and allow possible connection to adjacent development
and allow the City, or City authorized parties, and adjacent developers, to make alterations within the
easement. Such alterations to elements include, but are not limited to, connection to other trails and
pathways, landscaping, fencing, irrigation equipment, and signage.
32. If trails or pathways are to be maintained by the City, the developer shall provide maintenance access
easements 25-feet in width in favor of the City of Eagle, with a minimum four (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.
33. 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."
34. 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.
35. 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.
36. 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.
37. The developer and future homeowners association shall provide maintenance of all pathways, in
perpetuity.
38. The City shall reserve the right to display signage within all public access easements similar to what
is shown in Exhibit D.
39. 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.
40. 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.
41. 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.
42. 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.
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43. The developer shall submit a revised preliminary plat and development plan showing only grass and
low lying shrubs within the drainage ditch easement and the gazebo or an alternative amenity located
outside the easement.
44. The developer shall coordinate with Ada County Drainage District 2 to determine the exact location
of the pathway so that it does not interfere with the District's access and shall have a license
agreement with the District noted on the final plat.
The developer shall extend the natural surface pathway located along the drainage ditch to the western
property line and provide a turn -around with a minimum 8-foot radius in accordance with the CITY OF
EAGLE TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground 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.
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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.
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 final plat. Whether
located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall
be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
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b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas,
storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved
by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
fmal 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 fmal 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 fmal plat by the
City Engineer.
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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.
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 Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
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37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over
8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada
County. Owner is responsible for communicating the approved plan to all sub -contractors and for
monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "Notice to Proceed" with construction letter.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-2024-03/RZDA-2024-06) 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:
a. The requested zoning designation of R-2-DA-P (Residential with a development agreement —
PUD) is consistent with the Neighborhood designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
the uses allowed on this property under the proposed zone with development agreement;
c. The proposed R-2-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-2-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 south since that area has been developed with lots of similar size;
e. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transition — Ada County Designation) and the R-E-DA
(Residential -Estate) zone and land use to the east since that area has single family detached
residential lots and is designated Neighborhood in the Comprehensive Plan;
f. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transition — Ada County Designation) zone and land use
to the west since that area is currently utilized as agricultural -residential land but is likely to
develop in the future and is designated Neighborhood in the Comprehensive Plan;
The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. As conditioned within the development agreement, no non -conforming uses will be created with
this rezone.
g.
i. The owner of the property has consented in writing to the annexation into the City of Eagle; and
j. The land proposed for rezone is contiguous to Eagle city limits along the southern and eastern
property boundaries.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CUP-2024-10/PPUD-2024-02/PP-2024-07) and
based upon the information provided concludes that the application is in accordance with the City of
Eagle Title 9 (Subdivisions) because:
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a. 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 because the
single-family housing proposed is consistent with the single-family housing outlined for this area
in the Comprehensive Plan and similar to the developments within the subdivision's vicinity, by
offering pathways and vehicular access that can connect to future development; and
b. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity because the subdivision
is similar to the residential developments constructed to the south and approved to the north, and
such use will not change the essential character of the same area because the subdivision will
have similar density to the surrounding developments that are also designated Neighborhood
within the Comprehensive Plan. Flicker Pointe Subdivision will be subject to the building
elevations and architectural requirements included within the development agreement; and
c. Will not be hazardous or disturbing to existing or future neighborhood uses because the
subdivision is designed with similar lot sizes as adjacent subdivisions and will be developed in a
manner harmonious with existing agricultural and residential uses in the immediate vicinity as
evidenced in part by the landscape buffers, fencing and open space along the perimeter of the
development. Flicker Pointe Subdivision will be reviewed and approved through the city's design
review process prior to development occurring on site; and
d. Will 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 because the site will be developed for
residential use, similar to the use and character of the surrounding area. It is anticipated that the
proposed residential use will not be detrimental to the surrounding properties upon completion of
the development of the subdivision; and
e. Will be served adequately by essential public facilities because all central services (including
police and fire protection) are available and will be extended to the site, as noted within the letters
provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets and other urban services will be provided at the developer's expense. The
development is located within the West Ada School District boundaries; and
f. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community, since the developer will
bear all costs of development and all public facilities and services are supplied by the developer
and must be approved at the time of installation and before acceptance by the Eagle Sewer
District, Veolia Water, and Ada County Highway District; and
Will provide a minimum of 1.41-acres (20.5%) of open space, including common lots containing
community and regional pathways with access to the adjacent drainage ditch and a gazebo; and
h. Will have vehicular approaches to the property which are designed to not create an interference
with traffic on surrounding public thoroughfares because access to the development will be from
West Floating Feather Road and the development will provide local streets internal to the
development, and a stub street for future connection to adjacent development to the west which
would assist in limiting the need for future access from West Floating Feather Road; and
Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major
importance since the site was previously utilized for private agriculture use, no scenic or historic
features of major importance exist on site, and the residents of this development will participate
in the City's Conservation Education Program; and
g.
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J•
Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan since the development is designed for single-family
residences which is supported by the residential use called for in this area by the Park Lane
Planning Area and by the Neighborhood designation of the Comprehensive Plan; and
k. Will be harmonious with and in accordance with the general objectives or with any specific
objective of Eagle City Code Title 8 because no waiver of Eagle City Code is being requested and
the developer is expected to satisfy those requirements as well as being 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 no deviations from any standard district regulations are proposed with this development and
none are approved; and
In case of large scale development (incorporating eleven (11) 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 Eagle Fire District and is approximately
0.4 miles from Eagle Fire Station No. 3.
Police Protection
The project will be served by the Eagle Police Department and is approximately 4.6 miles from
the Eagle Police Station.
Water Service
The project is located within an area that is served by Veolia Water. 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 20.5% of open space. 60% (0.84-acres) of the open
space will be active open space. The applicant is required to provide community and regional
pathways as well as a gazebo, which will provide the residents living within the development
with recreational opportunities. Sidewalks and pathways will provide the public safe and efficient
ways to move through the development, as well as future development to the east and west.
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Maintenance
The maintenance of any private open space areas will be regulated by the Flicker Pointe
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Flicker Pointe 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 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; and
o. That the costs of services for the development will be offset by the tax revenue generated by the
residential dwellings located within the Flicker Pointe development; and
p. That the extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public.
DATED this 26th day of August, 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Pike, Mayor
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