Findings - PZ - 2025 - A-2025-02/RZDA-2025-03/PP-2025-02 - Sintra Subdivision - Annexation, rezone from RUT [Rural Urban Transition - Ada County Designation] to R-1-DA [Residential with a development agrement], and preliminary plat for Sintra SubBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION, REZONE FROM
RUT [RURAL URBAN TRANSITION — ADA
COUNTY DESIGNATION] TO R-1-DA
[RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT], AND PRELIMINARY PLAT
FOR SINTRA SUBDIVISION FOR DRAKE
INVESTMENTS, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
CASE NUMBER A-2025-02/RZDA-2025-03/PP-2025-02
The above -entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on August 18, 2025,
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 and rezone from RUT (Rural -Urban Transition — Ada County designation)
to R-1-DA (Residential with a development agreement), and preliminary plat approval for Sintra
Subdivision, a 10-lot (8-buildable, 2-common) residential subdivision. The 9.66-acre site is
generally located on the west side of North Park Lane, approximately 1,780-feet south of West
Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 660 East Civil Lane, Eagle, Idaho at 6:00 PM, on
Thursday, February 27, 2025, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were received by the City of Eagle on March 19, 2025.
Revised narratives, preliminary plats, landscape plans, pressurized irrigation report, and fencing
plans were received on April 21, May 28, June 25, July 11, and July 22, 2025. The owner of the
property has consented in writing to the annexation of this property into the City of Eagle.
C. CONTIGUOUS TO CITY LIMITS:
The subject property is contiguous to Eagle city limits along the eastern, southern, and
southwestern 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 August 1, 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
August 1, 2025. The site was posted in accordance with the Eagle City Code on August 1, 2025.
Requests for agencies' reviews were transmitted on April 1, 2025, in accordance with the
requirements of the Eagle City Code.
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 to guide future development of the
site, as stated in the applicant's narrative dated July 22, 2025 (attached hereto).
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
No Change
R-1-DA (Residential
with a development
agreement)
Proposed Residential
Subdivision
North of site
Neighborhood
R1 (Residential - Ada
County Designation)
Agricultural
South of site
Neighborhood
R-2-DA (Residential
with a development
agreement)
Residential Subdivision
(Henry's Fork)
East of site
Neighborhood
R-2-DA (Residential
with a development
agreement)
Residential Subdivision
(Soaring Feather)
West of site
Neighborhood
R-2-DA-P (Residential
with a development
agreement — PUD) and
RUT (Rural -Urban
Transition — Ada County
designation)
Agricultural and Residential
(1 single-family dwelling)
and Residential Subdivision
(Soaring Feather)
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I. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
J. SITE DATA:
Total Acreage of Site — 9.66
Total Number of Lots — 10
Residential — 8
Commercial — 0
Industrial — 0
Common — 2
Total Number of Units —
Single-family - 8
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
per
0.83-dwellingunits acre
0.83-dwelling units per
acre maximum (as limited
by the development
agreement)
Minimum Lot Size
37,140-square feet
37,000-square feet
Minimum Lot Width
142-feet
100-feet
Minimum Street Frontage
36-feet
35-feet
Total Acreage of Common Area
Open Space
0.88-acres
n/a
Percent of Site as Common Area
Open Space
9.1%
n/a
Open space is not required for
subdivisions within the R-1
zoning district that are not also
a PUD.
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on June 25, 2025, shows a 50-foot
wide common lot (Lot 7, Block 1) along the frontage of the subject property on North Park Lane.
The common lot includes tree and shrub planting that provides a buffer from North Park Lane,
which is designated as a collector road.
Common Area Open Space:
Pursuant to the proposed preliminary landscape plan, date stamped by the City on June 25, 2025.
9.1% open space is proposed and is composed of the buffer area along North Park Lane and Dry
Creek Canal.
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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:
The Eagle Register of Historic Sites lists the existing house on the property as "N Park Lane
house". This house is an 1891 Tudor Revival that was moved to the site from Boise and has a
Boise Architectural Landmark plaque labeling it as the "Wilson -Mott House". The house and
surrounding improvements will be retained on one of the residential lots so this historic building
will be preserved. 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 July 25,
2025, attached hereto.
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 proposed on both sides of the streets and
are located outside of public right-of-way, except for along the eastern side of Lot 1, Block 1. The
ten foot (10') wide pathway located on the west side of North Park Lane is within the right-of-
way, while the pathway connection along the New Dry Creek Canal is located outside of the
public 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.
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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 July 11, 2025, shows 5-foot wide sidewalks
(separated from the curb by an 8-foot wide planter strip) on both sides of the street. 10-foot wide
regional pathways are proposed within one (1) common lot (Lot 7, Block 1) along North Park
Lane and the New Dry Creek Canal that connect to an existing 8-foot wide pathway in Brush
Creek Subdivision to the south and an existing 10-foot wide pathway along the New Dry Creek
Canal to the north.
Future development to the north would provide further pedestrian connections to the proposed
pathways.
N. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
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 been annexed into the Eagle Sewer
District as indicated by an email to the City, dated April 16, 2025, and attached hereto.
P. SPECIAL ON -SITE FEATURES:
Q.
Areas of Critical Environmental Concern — none known
Evidence of Erosion — none known
Fish Habitat — none known
Floodplain — none known
Mature Trees — yes
Riparian Vegetation — none known
Steep Slopes — none known
Stream/Creek — none known
Unique Animal Life — none known
Unique Plant Life — none known
Unstable Soils — none known
Wildlife Habitat — none known
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
No environmental features of concern were identified within the natural features analysis dated
February 27, 2025, attached hereto.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has proposed one (1) phase of development.
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S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached hereto:
City Engineer: All comments within the engineer's letter dated July 28, 2025, are of special
concern.
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Transportation Department
T. 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
hereto.
U. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
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.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be paramount in
this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
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.
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6.6 — Village Planning Area
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 (A) — Village Planning Area Uses/Design
2. Residential Uses should be developed as follows:
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.
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.
6.6.2 — Village Planning Area Access
C. The Village Planning Area will be dependent upon the interconnectivity of local roads as
the area develops.
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.
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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:
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) H* Width I*
R-1 35' 30' 30' 15' 30' 35% 37,000 100'
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 a collector on the master street map typologies map 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 8-3-5: 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 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;
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;
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
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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.
B. DISCUSSION:
• The existing house located on Lot 4, Block 1, is listed in the Eagle Register of Historic Sites and
has a Boise Historic Landmark Plaque highlighting its historic significance. The Tudor Revival
architecture of the primary structure located on Lot 4, Block 1, should be required to be
maintained and should be exempt from conforming to the architectural elevations within the
development agreement.
• The applicant has proposed sidewalks located outside of the public right-of-way, except for
approximately 115-feet along the east side of Lot 1, Block 1. Pursuant to site specific condition
#5 of ACHD's report dated July 25, 2025, sidewalk should be located wholly within right-of-way
or wholly within an easement. The applicant should provide a revised preliminary plat showing
the sidewalk located entirely outside of the right-of-way and within a public access easement that
measures from the right-of-way line to 2-feet behind back of sidewalk. The revised preliminary
plat should be provided prior to submittal of a final plat application.
• The applicant has proposed a 10-foot wide regional pathway located within a 25-foot wide
easement along the New Dry Creek Canal to the northeast of the site. The instrument numbers of
the recorded license agreement with New Dry Creek and the pathway easement in the favor of the
City of Eagle 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 50-foot wide common lot (Lot 7, Block 1) between North Park
Lane, a collector road, and the buildable lots within Sintra Subdivision. Pursuant to Eagle City
Code Section 8-2A-7(J)(4)(a), a minimum of a 35-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 7, 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
August 18, 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
one (1) individual (not including the applicant/representative) who presented the following:
• The applicant is proposing a high -quality residential product.
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 one (1) individual who indicated they have the following concerns:
• The project site has existing Willow trees along the northern property boundary that are a danger
to adjacent properties, due to their age and expected life span.
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: 00:32:10): https://eagle-id.granicus.coin/player/clip/2124?view_id=1&redirect=true
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 5 to 0 to recommend approval of A-2025-02/RZDA-2025-03 for annexation and
rezone from RUT (Rural -Urban Transition — Ada County designation) to R-1-DA (Residential with a
development agreement) with the following staff recommended conditions to be placed within a
development agreement:
3.1 The maximum density for the Property shall be 0.83 dwelling units per acre (8 single-family
detached dwellings).
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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) A requirement that 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])
A requirement to comply with the approved building lot regulations including the minimum
setbacks, maximum height, and maximum lot coverage standards. Additionally, the city
approved architectural imagery or style guidelines that are included within the development
agreement shall be included as reference exhibits within the CC&Rs.
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".
(fl
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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.
3.8 The Tudor Revival architecture of the primary structure located on Lot 4, Block 1, shall be required
to be maintained and shall be exempt from conforming to the styles of architecture shown in
Exhibit "E".
3.9 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.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP-2025-02 for a preliminary plat for Sintra
Subdivision with the following staff recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZDA-2025-
03.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first.
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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. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
8. Sintra Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-
8[D][4]).
9. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
10. 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.
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11. The following setbacks, minimum lot width, and lot coverage requirements shall apply:
Front 30-feet
Rear 30-feet
Interior Side 15-feet (first story) 5-feet (each additional story)
Street Side 30-feet
Maximum Lot Coverage 35%
Minimum Lot Width 100-feet
12. Pursuant to site specific condition #5 of ACHD's report dated July 25, 2025, sidewalks shall be
located entirely within right-of-way or wholly within an easement. The applicant shall provide a
revised preliminary plat showing the sidewalk located entirely outside of the right-of-way and within
a public access easement that measures from the right-of-way line to 2-feet behind back of sidewalk.
The revised preliminary plat shall be provided prior to submittal of a final plat application.
13. The instrument numbers of the recorded license agreement with New Dry Creek and the pathway
easement in the favor of the City of Eagle shall be referenced on the face of the final plat prior to the
City Clerk signing the final plat.
14. The applicant shall provide a revised preliminary plat showing the 50-foot buffer located on Lot 7,
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.
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:
15. For all alignments in EXHIBIT B of the PPRC action report shown as REGIONAL — 10-foot wide,
the developer shall provide a 10-foot wide concrete pathway built to approved City standards, at a
minimum.
16. The developer shall provide public access easements in favor or the City of Eagle for all alignments
in EXHIBIT B of the PPRC action report shown as "REGIONAL". 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.
17. For all alignments in EXHIBIT B of the PPRC action report shown as SIDEWALK, the developer
shall provide sidewalks that comply with ACHD requirements.
18. 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.
19. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
20. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to
eliminate sharp turns or blind corners.
21. 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.
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22. If trails or pathways are to be maintained by the City, the developer shall provide maintenance access
easements 25-feet in width in favor of the City of Eagle, with a minimum 4-foot margin on each side
of the pathway tread within any part of the easement where possible for all alignments shown as
"REGIONAL" 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.
23. 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."
24. 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.
25. 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.
26. 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.
27. The developer and future homeowners association shall provide maintenance of all pathways, in
perpetuity.
28. The City shall reserve the right to display signage within all public access easements similar to what
is shown in Exhibit E of the PPRC action report.
29. 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.
30. 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.
31. 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.
32. 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.
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:
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.
1. 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.
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2. 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.
3. 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).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
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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.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether
located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall
be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle
Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
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.
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A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or 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.
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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.
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.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-2025-02/RZDA-2025-03) 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-1-DA (Residential with a development agreement) is
consistent with the Neighborhood designation as shown on the Comprehensive Plan Land Use
Map because Sintra Subdivision will be a single family residential development and have density
of 0.83 du/ac which contributes to an average density of 1-2 du/ac for the Neighborhood
designations south of Beacon Light Road as called for in the Village Planning Area;
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-1-DA (Residential with a development agreement) zoning district is compatible
with the RUT (Rural -Urban Transition — Ada County Designation) zone and land use to the north
since that area consists of a subdivision with single family detached residential dwellings and lots
between one and two acres in size, and the proposed subdivision transitions density and lot size
between subdivisions to the north and south;
d. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-2-DA (Residential with a development agreement) zone and land use to the south
since that area consists of single family detached residential dwellings and density between one
and two units per acre, and the proposed subdivision transitions density and lot size between
subdivisions to the north and south;
e. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-2-DA (Residential with a development agreement) and RUT (Rural -Urban Transition
— Ada County Designation) zones and land uses to the east since the proposed subdivision
transitions single family residential lot sizes in that area from east to west and will be separated
by a 50-foot landscape buffer along the west side of North Park Lane;
f. The proposed R-1-DA (Residential with a development agreement) zoning district is compatible
with the R-2-DA-P (Residential with a development agreement — PUD) and RUT (Rural -Urban
Transition — Ada County Designation) zones and land uses to the west since that area consists of
a property to the southwest that is entitled for single family detached residential dwellings with a
density between one and two units per acre, and a property to the northwest being used for
agriculture and a single family residential dwelling that is anticipated to be developed similarly in
the future due to abutting stub streets to the north and south;
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, western, and
eastern property boundaries.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-2025-02) 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 subdivision 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 pedestrian 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
provides a transition between the smaller lots to the south and the larger lots 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. Sintra 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 will have adequate access and will be developed in a manner harmonious with
existing agricultural and similar to existing residential uses in the immediate vicinity. Sintra
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 0.88-acres (9.1%) of open space, including common lots containing
regional pathways with access to the adjacent canal; 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
North Bottle Creek Avenue and the development will provide local streets internal to the
development; and
Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major
importance since the architecture of the existing historic structure will be maintained pursuant to
the development agreement, no scenic features of major importance exist on site, and the
residents of this development will participate in the City's Conservation Education Program; and
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 Village Planning
Area and by the Neighborhood designation of the Comprehensive Plan; and
g.
J.
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k. Will be harmonious with and in accordance with the general objectives
objective of Eagle City Code Title 8 because no waiver of Eagle City Code
the developer is expected to satisfy those requirements as well as being
conditions herein. In addition, the developer will be required to submit an
review and comply with all Eagle City Codes and conditions of approval
and
1. That no deviations from any standard district regulations are proposed with
none are approved.
DATED this 2nd day of September, 2025.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
AT
Tracy E. orn, Eagle City Clerk
,,,,,,,,,,
or with any specific
is being requested and
required to meet the
application for design
of the design review;
this development and
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