Findings - CC - 2025 - A-2022-01/RZDA-2022-01 & PP-2022-04 - Reining Horse Subdivision ca
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BEFORE THE EAGLE CITY COUNCIL
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-IN LIEU OF )
A PUD] AND PRELIMINARY PLAT )
FOR REINING HORSE SUBDIVISION )
FOR MARK T.BECKMAN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2022-01/RZDA-2022-01 &PP-2022-04
The above-entitled annexation,rezone with a development agreement [in lieu of a PUD], and preliminary
plat applications came before the Eagle City Council on September 23, 2025, at which the applications
were continued to the October 28, 2025, City Council meeting for their decision. At that 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:
Mark T. Beckman, represented by Shawn L. Nickel with SLN Planning, is requesting an
annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-1-DA
(Residential with a development agreement), and preliminary plat approvals for Reining Horse
Subdivision, an 8-lot (7-buildable, 1-common) residential subdivision. The 7.68-acre site is
located on the north side of West Floating Feather Road approximately 380-feet east of the
intersection of West Floating Feather Road and North Meridian Road at 3050 West Floating
Feather Road.
A. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 3050 West Floating Feather Road at 12:00 PM,on
Saturday, October 23,2022, in compliance with the application submittal requirement of Eagle
City Code. The applications for this item were initially received by the City of Eagle on
December 16,2022. Revised preliminary plats were received by the City of Eagle on April 26,
2022 and again on August 5,2022. A revised narrative was received by the City on October 31,
2022. A revised preliminary plat and narrative were again submitted to the City on July 31,2025.
A revised plat,narrative, and evidence of additional water shares were provided on September 15,
2025.
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B. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on October 19, 2022. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
October 19, 2022. The site was posted in accordance with the Eagle City Code on October 26,
2022. Requests for agencies' reviews were transmitted on January 26, 2022, in accordance with
the requirements of the Eagle City Code.
Notice of first Public Hearing on the applications for the Eagle City Council was originally
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on March 22, 2023. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
March 22, 2023. The site was posted in accordance with the Eagle City Code on March 24, 2023.
Upon resubmittal of the application materials to the City, Notice of Public Hearing on the
applications for the Eagle City Council was again published in accordance with the requirements
of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 5, 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 September 3, 2025. The site was posted in
accordance with the Eagle City Code on September 12, 2025.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 16,2021,the original application submittal for this item was submitted to the City.
On November 7, 2022, the Eagle Planning & Zoning Commission held a public hearing and
evaluated this application, closed the public hearing,and made their recommendation at that time.
On November 21, 2022, the Eagle Planning & Zoning Commission approved the findings of fact
and conclusions of law. However, prior to the application being noticed for a public hearing
before the Eagle City Council, it was found that the Planning&Zoning Commission meeting was
improperly noticed and that a subsequent meeting needed to be held.
On February 21, 2023, the Eagle Planning & Zoning Commission held a public hearing and re-
evaluated this application, closed the public hearing, and made their recommendation at that time.
On March 6, 2023, the Eagle Planning & Zoning Commission approved the findings of fact and
conclusions of law.
On April 11, 2023, the applications were evaluated by Eagle City Council. At that time, the City
Council made a motion to remand the applications back to staff so that the applicant could revise
the proposal to lower the proposed number of residential units and provide better lot transition to
existing adjacent subdivisions.
On September 24, 2024, after approximately fifteen (15) months of not having received
resubmittal documents, the City issued a letter to the applicant and the applicant's representative
stating that if no action was made by the applicant by October 24, 2024, that the application
would be deemed withdrawn or formally inactive.
On October 10, 2024, the applicant provided a letter to the City requesting that the application
remain active for an additional six(6)months(to April 24,2025).
On April 23,2025, the applicant's representative submitted an additional letter requesting that the
City allow the application to remain active for an additional six(6)months(to October 23,2025).
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On July 31, 2025, the applicant made a formal resubmittal of the application materials showing a
reduction of buildable lots from the seven (7) lots proposed within the original proposal to four
(4)buildable lots.
D. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The development agreement will allow the applicant the ability to annex/rezone this property
with a zoning designation (R-1-DA) that will provide for a single-family residential development,
while also providing the City with the ability to lock down the density, site layout and condition
any design and development standards that the applicant is requesting and that is allowed by
Code, including the waivers for sidewalk on one side of the proposed private street.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION LAND USE
Existing Large Lot RUT(Rural-Urban Transition— Single-Family Dwelling
Ada County designation)
Single-Family Residential
Proposed Large Lot R-1-DA (Residential with a Subdivision
development agreement)
(Reining Horse Subdivision)
Single Family Residential
North R-E-DA(Residential-Estates Subdivision
of Site Large Lot with a development agreement)
(Castlerock Subdivision)
Southwest
Large Lot R-E (Residential-Estates) Single Family Dwellings
of Site
Single Family Residential
Southeast R-E-DA(Residential-Estates Subdivision
of Site Large Lot with a development agreement)
(Pumpkin Patch Subdivision)
Single Family Residential
East R-E-DA(Residential-Estates Subdivision
of Site Large Lot with a development agreement)
(Canterbury Subdivision No. 1)
West RUT (Rural-Urban Transition—
of Site Large Lot Ada County designation) Single Family Dwelling
H. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
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SITE DATA:
Total Acreage of Site—7.68 acres
Total Number of Lots—5
Residential—4
Commercial—0
Industrial—0
Common— 1 [private street and landscape area]
Total Number of Units—
Single-family—4
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
0.52-dwelling units per acre,
Dwelling Units Per Gross Acre 0.52-dwelling units per acre maximum(as limited within the
development agreement)
Minimum Lot Size 57,063 square feet 37,000 square feet
Minimum Lot Width 189-feet 70-feet
Minimum Street Frontage 109-feet 35-feet
Total Acreage of Common Area
(exclusive of the private street) 0.24-acres 1.54-acres
20% (minimum)
Percent of Site as Common Area Except that,according to ECC Section 9-
(exclusive of the private street) 3.13% 3-8(C)the City may require additional
public and/or private park or open space
facilities in PUDs
Percent of Common Area Open Space 0% 15%(of total required open
as Active Open Space space)
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J. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
Lot 1, Block 1, is a 0.94-acre total common lot that contains the private street and adjacent
landscape area. The total area of proposed landscape area (exclusive of the private street) is
10,355-square feet(0.29-acres).No other common area open space is provided.
The applicant requesting for an alternate method of compliance in lieu of the minimum buffer
requirements for a residential subdivision adjacent to a "MINOR ARTERIAL" (8-2A-7(J)(4)(b)
which requires a berm and/or wall in addition to minimum tree and shrub quantities. Due to the
minimal frontage of the subdivision(50-feet-wide total)where it intersects West Floating Feather
Road, the separation of the proposed residential lots from West Floating Feather Road, and the
difficulty of including a 5-0'H minimum berm and/or wall while maintaining the required site
vision triangles, the applicant is requesting to approval to not be required to install a berm. A
landscape plan will be required to be submitted at the time of submittal for a design review
application.
While the this proposed zoning designation of the subject property will be R-1 (Residential)
zoning district which does not require a minimum amount of open space, however since the
application is submitted as a rezone with a development agreement(in lieu of a PUD),the subject
property is still required to comply with the minimum common area requirements of a planned
unit development which is 20% (minimum) with a minimum of 15% of the required common
area open space considered to be active open space.
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:
The preliminary plat indicates that all rear lot lines will include a 10-foot-wide rear property line
easement and that all side lot lines contain a 5-foot-wide utility access easement. Eagle City Code
section 9-3-6 requires utility easements to be not less than 10 feet wide.
The subject property has overhead power that services the existing residence. Eagle City Code
section 9-5-3-8 requires all new service utilities to be placed underground.
Fire Hydrants and Water Mains:
The preliminary plat includes a total of two (2) fire hydrants along the proposed private road. Fire
hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:
The existing septic system on site is to be abandoned.
Pressurized Irrigation:
The development will contain a pressurized irrigation system which is supplied with water from
the Dry Creek Canal.
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Preservation of Existing Natural Features:
The preliminary plat shows five(5) existing trees that are noted to be removed. The five (5)trees
scheduled for removal are:
• Three(3) 15"caliper Russian Olives (Eleagnus angustifolia)
• One(1)36"caliper Weeping Willow(25%dead) (Salix babylonica)
• One(1)36"caliper Weeping Willow(50%dead) (Salix babylonica)
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Staff is not aware of any additional existing natural features on the site which would be required
to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. STREET DESIGN:
Applicant's Justification for Private Streets (as provided by the applicant; received by the City on
October 31, 2022 and revised by the applicant on September 15, 2025):
The property has one access and frontage point of 50' along W. Floating Feather Road. The
proposed private street is planned to be 24' paved surface and ribbon curbing with a drainage
borrow ditch on the other side. Section 9-4-1-6(F)1 of the ECC allows a sidewalk exception for
one side where the average width of the proposed lots is over 100'. With the private street not
providing frontage to the majority of the buildable lots on both sides, the applicant believes that
not including a sidewalk is justified. A private street repair and maintenance agreement shall be
included as part of the recorded CC&R's for the development. Street trees will be provided along
the street and in front of all buildable lots. Because of the proposed 24' roadway width, no
parking shall be permitted along the private street. The applicant is proposing that the private
street length exceed the 750' maximum length requirement. Because there are no stub streets
coming into this property from other existing subdivisions, it is necessary to have a longer street
length in order to provide access to the entire subdivision as proposed. The Fire District has
approved the additional length and the applicant believes that approval would not negatively
affect the public health, safety or welfare within the community.
Regarding Section 9-3-2-5(A) 1-9 required Findings for Private Streets, the following is
addressed:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private streets
and or private alleys will serve to enhance the overall development.
The property being developed has only one access point and does not have the ability to
connect to adjacent subdivisions or parcels. A private street provides the best opportunity to
develop the property.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking
are provided.
The private cul-de-sac street is designed with consideration for vehicular movement. A four
(4) lot large lot residential subdivision serviced by a cul-de-sac street should not warrant the
need for a sidewalk.
3. Adequate access for service and emergency vehicles is provided.
The Eagle Fire District has reviewed the proposed access and emergency turn-around and has
provided an approval letter. The street will be properly signed, including no parking.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
Approval of the private street will not adversely affect adjacent property.No stub streets were
provided to the subject property to provide cross connection with other neighborhoods.
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5. Adjacent property will not be landlocked by the site layout.
Properties adjacent to the proposed property will not be landlocked because of the proposed
private street.
6. Other than to provide emergency access, the private streets, or private alleys, do not connect
one public street to another, thereby encouraging travel through the development served by
the private street; provided, however, that in order to provide secondary access, a private
street may have more than one connection to a public street and/or may be connected to more
than one public street if access thereto is controlled by automatic gates or other control
devices approved by the council.
The proposed private street does not connect one public street to another.
7. The use or alignment of the private streets or alleys do not interfere with the continuity of
public streets.
The proposed private street is aligned to Colony Cove Street to the south on Floating Feather
Road.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys, including provisions for the funding thereof.
Appropriate mechanisms for repair and maintenance, including future funding will be
established in the recorded CC&R's.
9. Private streets and private alleys are only permitted within a planned unit development and
are limited to providing access to no more than ten percent (10%) of the lots, except that
private streets and private alleys may serve all single family attached dwelling lots.
A development agreement, in leu of a PUD will provide the ability to approve the private
street proposed for this development.
Blocks Less Than 500':
There are no blocks less than 500' that are proposed within this application.
Cul-de-sac Design:
The proposed subdivision includes a+/-908-foot-long private road with a cul-de-sac with a radius
of 50-feet(50')wide with a ten-foot(10')wide required center planting island.
Sidewalks:
No new sidewalks are proposed within this application adjacent to the proposed private street. An
existing 5-foot-wide (5'W) sidewalk along the northerly side of West Floating Feather Road will
remain.
Curbs and Gutters:
The proposed private street has been designed to utilize concrete ribbon curbs that are designed to
be flush with the asphaltic paving on both sides of the private street.
Lighting:
No streetlights are proposed internal to the subdivision. If any streetlights are to be installed or
required along West Floating Feather Road, as may be required by ACHD, the location and
lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City
Zoning Administrator at the time of the submittal of a final plat application.
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Street Names:
The preliminary plat does not include a street name. Street names should be approved by the Ada
County Street Naming Committee prior to the submittal of a final plat application.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
Except for the existing sidewalk located on the north side of West Floating Feather Road, no
other pedestrian walkways are proposed for the subject property.
M. PUBLIC USES PROPOSED:
No public uses are proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The subject property is within the service boundaries of the Eagle Police Department, Eagle Fire
Department,the Eagle Sewer District, and Veolia Water.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—no
Evidence of Erosion— no
Fish Habitat— no
Floodplain—no
Mature Trees—Mature trees existing to the south of the existing residence within Lot 2.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—none known to date
Unique Plant Life—none known to date
Unstable Soils—none known to date
Wildlife Habitat—none known to date
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An environmental assessment plan for this project was not required at the time of the submittal of
this application.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated October 11, 2022, are of special
concern(see attached).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department, dated January 27, 2022 and September 11, 2025
Eagle Sewer District
New Dry Creek Ditch Company
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S. LETTERS FROM THE PUBLIC:
Correspondence from Jeff Gilbertson, received by the City on October 26, 2022, February 9,
2023, and September 15, 2025.
Written correspondence from Steve Cutter,received by the City on October 31, 2022.
Email correspondence from Wes Jones, dated October 31, 2022.
Email correspondence from Cheryl Bloom, dated City on September 15, 2025.
Written correspondence from Robert Starr, received by the City on September 15, 2025.
Email correspondence from Nicole Cromwell, representing Canterbury HOA, received by the
City on September 16, 2025, including a letter from HDR Inc., dated November 30, 2023.
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:
CHAPTER 6: LAND USE
Figure 6.7: Land Use Designations
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities
higher than 1 unit per 2 acres. Once space and parks in this area will be generally limited. Land
uses in this category tend to appear as suburban large lot and generally less agrarian than the
Estate Residential and Agricultural/Rural designations.
Figure 6.8: Zoning Compatibility Matrix
ZONING COMPATABILITY MATRIX
OTT ZONING CLASSIFICATIONS`
Residential Districts Neighbor. Central
Agricultural Residential Limited Commercial hood General Highway Business Light Industrial Heavy Extractive Public/Semi- Mired
Agricultural Residential Estate R-6 to Office Airport Business Business Business District industrial Park Industrial Industrial Public Use
FUTURE LAND USE DESIGNATIONS' (A) (AR) (R.E) P 1 R 2 R 3 R A R 5 R-10 (1.0) (CA) (C 1) (C•Z) (C 3) (CB0) (M.1) (M.A1) (M.3) IMT3) (PS) (MU)
Agricultural/Rural X X X
Foothills' X X X X X X X X X X X X X X X X X
Estate Residential
•rye toy X s x a
Neighborhood' X X X c X X % X
Compact' % X X r X X X X X X
!Mill/High Density' X % % % X X X % X
Mixed Use X X X X X X
Downtown' _ M X % X
Village/Community Center' X X X X X X X X
Neighborhood Center' X X X X X X X
CommeMal"'I`' X X X X X X X
Professional Office/Business Park ' X X X X X X
Industrial' X X X X X X
Floodway X X
Head of Eagle Island X X
Public'/$eml.Publlc X
BLM/Park X X
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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.
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 parcel division applications
submitted after the effective date hereof in all zoning districts except the city council may
permit the use of individual well(s) and septic system(s) in the A, A-R and R-E zoning
districts upon a determination that the public health, safety, and welfare will not be negatively
impacted. 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. When a property is being proposed for rezone to the R zoning district,
a development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., R-4-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
Maximum Minimum
Zoning Maximum Interior Street Lot Minimum Lot
District Height Front Rear Side Side Covered Lot Area Width
R-E 35' 30' 30' 15' 30' 35% 37,000• 100'
square
feet
immn
a. Additional 5 feet per story side setback is required for multi-story structures. Height not to
exceed maximum allowed within the zone.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
4. Major Roadways:
b.Any road designated as a minor arterial on the master street map typologies map in the
Eagle comprehensive plan:
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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 8-2A-7(M): Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. An eight foot (8') wide
minimum parkway planter strip planted with shade class (class II) trees shall be required
between the sidewalk and street to provide a canopy effect over streets.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance
is a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more
of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city
with a written request if an alternative method of compliance is proposed. The request
shall state which requirement as set forth within this section is to be modified, what
project conditions stated within subsection 01 of this section justify using the
proposed alternative, and how the proposed alternative equals or exceeds said
requirement.
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• Eagle City Code Section 8-3-3(G): Transitional Lot Sizing:
When development is planned with residential lots that directly abut existing residential lots
that the Council finds are not likely to be re-subdivided based upon the Comprehensive Plan
and other evidence provided as part of any application, a transition shall be provided to ensure
lot compatibility. Transitions shall take into consideration site constraints that may exist.
Examples of transition options, subject to City approval, include development of similar lot
sizes along the boundary, clustering of the new lots in order to provide open space directly
abutting the existing lots, including setbacks for the new lots similar to the lots directly
abutting, or other elements in the site design and building design that the city finds will soften
the impact and create a compatible transition. (Ord. 298, 10-14-1997; amd. Ord. 405, 1-23-
2002; Ord. 756, 9-12-2016; Ord. 820, 12-10-2019; Ord. 827, 10-22-2020; Ord. 858, 10-26-
2021)
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1 —Streets and Alleys—Location and Design:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way including a landscape island with a
minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be
provided between the landscape island and the outside edge of the street as measured
from the face of curb of the island to the face of curb located on the outside edge of the
street. One traffic control sign stating that on street parking is prohibited within the
turnaround shall be installed at the entrance of the turnaround on the driver's side of the
street. The following exceptions may be considered by the council:
1. In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be permitted by the city if approved by the fire department
and the highway district having jurisdiction. No more than twenty (20) dwelling
units shall be permitted on said cul-de-sac.
• Eagle City Code Section 9-3-2-4—Streets Names:
The naming of streets shall conform to the following standards:
A. A street name shall not duplicate any existing street name within the county except
where a new street is a continuation of an existing street. Street names that may be
spelled differently but sound the same as existing street names shall not be used.
B. All new streets shall be named as follows:
1. Streets having a predominately north-south direction shall be named "avenue",
except for section line streets which shall be named "road".
2. Streets having a predominately east-west direction shall be named "street",
except for section line streets which shall be named "road".
3. Meandering streets having a predominately north-south direction shall be named
"way".
4. Meandering streets having a predominately east-west direction shall be named
"drive".
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5. Cul-de-sacs having a predominately north-south direction shall be named
"place".
6. Cul-de-sacs having a predominately east-west direction shall be named "court".
(Ord. 566, 5-15-2007)
• Eagle City Code Section 9-3-5 (B) -Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots(such as
when large lots are approved for septic tanks), the parcels shall be divided,where feasible, so
as to allow for future re-subdividing into smaller parcels. Lot arrangements shall allow for
the ultimate extension of adjacent streets through the middle of wide blocks.Whenever such
future subdividing or lot splitting is contemplated,the plan thereof shall be approved by the
City Council prior to taking of such action.
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent (10%) of the
lots within a planned unit development provided the council determines that
the private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel
layout.
6. Other than to provide emergency access, the private streets do not connect one
public street to another, thereby encouraging travel through the development served
by the private street;provided, however, that in order to provide secondary access,
a private street may have more than one connection to a public street and/or may be
connected to more than one public street if access thereto is controlled by automatic
gates or other control devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of
the private streets, including provisions for the funding thereof
B. Construction And Design Standards: Private streets shall conform to the following
construction and design requirements:
1. All private street construction shall be in accordance with Ada County highway
district's structural standards for streets including base course and asphaltic concrete
mat thickness utilizing the appropriate traffic index or as may be recommended by
the city engineer and approved by the city council, and shall further be in accordance
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with Ada County highway district's intersection design and drainage requirements, or
as may be recommended by the city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section,private streets shall meet such
design and dimensional requirements as the council may determine are appropriate
considering the proposed use and the site upon which the private streets are to be
placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet(12') in width (except as noted herein) and shall otherwise provide for the
safe, convenient, and effective movement of both vehicular and pedestrian traffic.
Vertical curbing shall be provided for streets that are less than thirty-four feet(34') in
total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but
not limited to, designated parking and "no parking" areas, speed, stop, and such other
signs as are required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested,
at the expense of the owner or developer, by a qualified inspector in order to ensure
compliance with the construction and design standards set forth in this section, the
construction drawings as prepared by the registered professional engineer, and good
engineering and construction practices. Reports of such inspections and tests shall be
submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public
right of way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G
of this chapter and subject to the approval of the Eagle fire district and city
engineer and provided further that proper maintenance of the island is provided
for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the
Eagle fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared
by a licensed professional engineer in the state in substantial conformance with
engineering and design standards in effect at the time of preparation of the design.
Construction drawings, together with a certification of such conformity, shall be
submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more
restrictive standard shall prevail, unless specifically determined otherwise by the city
council.
C. Access And Maintenance Requirements: Provisions shall be made for the future
maintenance of and access to private streets as follows:
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1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and
notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by
the private street the perpetual right of ingress and egress over the
described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot
be modified and the homeowners'/property owners' association or other entity
cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with the
approved plan as provided for in subsection Cl of this section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that the
said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
city. The said restrictive covenant shall be reviewed and approved by the city
attorney prior to certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private street approved in accordance
with the provisions of this section to undertake such repair and maintenance activities
as it may determine is necessary to protect the public health, safety, or welfare and
make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any
such private street,be deemed to have agreed to comply with any such order and to
reimburse the city all of its costs, including attorney fees, incurred in obtaining or
enforcing any such order. Any order entered by the council pursuant to this
subsection may be enforced by a court of competent jurisdiction and the city shall be
entitled to recover its costs and attorney fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to
all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets have been determined to be an integral element of the
overall plan and scheme of the development or will serve to enhance the overall
development; provided, however, that any such waiver shall not be injurious to public
health or safety.
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• Eagle City Code Section 9-3-10: Fences: •
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,unless the fence is located on the property line between the required
roadway buffer area and the residential lot, in which case the fence may be a solid wood
picture frame or premium vinyl picture frame fence as identified in the EASD book. If the
buffer area is designed so that the fence is visible from the adjacent roadway,then the fence
shall include decorative columns spaced a maximum of sixty feet(60') apart. Specific buffer
area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J
of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted within the above designated areas. A section within the subdivision CC&Rs
shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6: Pedestrian Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County Highway District.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required. (Ord. 566, 5-15-2007)
D. DISCUSSION:
• This item was originally submitted to the City on December 16, 2021 and the application was
evaluated by Eagle City Council on April 11, 2023, at that time the Council remanded the
application back to staff so that the applicant could continue to work on items regarding
densities and lot transitions. City staff and the applicant team then met on June 26, 2023, to
discuss the Council's direction and potential next steps. On September 24, 2024, after
approximately 15 months of not having received resubmittal documents, the City issued a letter
to the applicant and the applicant's representative stating that if no action was made by the
applicant by October 24, 2024, that the application would be deemed withdrawn or formally
inactive. The applicant provided a letter to the City on October 10, 2024, requesting that the
application remain active for an additional six (6 months). The applicant team and city staff
then met on February 7, 2025, to discuss potential next steps and to request that the applicant
remain active. The applicant's representative then submitted an additional extension request on
April 23, 2025, requesting an additional six (6) months before the City deemed the application
formally withdrawn or inactive. On July 31, 2025, the applicant made a formal resubmittal
showing a reduction of buildable lots from the original proposal (7 lots) to four (4) buildable
lots. Additionally, the applicant has requested to remove the previously proposed 4-foot (4'W)
wide sidewalk and to shorten the length of the private street from 1,160-feet to 908-feet.
• When the Reining Horse Subdivision applications were evaluated by the Planning and Zoning
Commission on February 21, 2023, the adjacent neighbor to the northwest of the subject
property, Jeff Gilbertson; 3100 W Floating Feather Road) requested that the Commission
include an additional condition of approval that would require the dedication of an easement
behalf of Mr. Gilbertson so that he could continue to utilize the drive access/private street that
will service Reining Horse to access his land with farm equipment and machinery, as he has
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done for the past 28 years, according to Mr. Gilbertson. At the February 21, 2023,the applicant
stated general agreement to the addition of such a condition and the Planning & Zoning
Commission included the condition within their motion. Mr. Gilbertson has again stated his
desire to have such an easement be provided.
• The applicant is requesting the pump for the pressure irrigation system for the subdivision be
provided through access to the Dry Creek Canal located in the northwest portion of Lot 4,
Block 1. The submitted preliminary plat does not include any additional easements that would
provide access to the pump or point of access to the canal. The applicant should be required to
submit a revised preliminary plat delineating a minimum 12-foot (12'W) wide utility access
easement, in favor to the HOA and its assigns, to provide access to the irrigation pump through
Lot 4, Block 1. The 12-foot (12'W) wide easement shall run along the westerly and northly
property lines. The applicant is proposing the use of a private street to serve all four (4)
buildable lots. Pursuant to Eagle City Code Section 9-3-2-5(A), private streets may provide
access to no more than 10-percent (10%) of the lots within a planned unit development
provided the Council determines that the private streets are in compliance with specific
standards. Those standards include safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking; private streets do not adversely affect access to
adjacent property and to the area travel networks; private streets do not land lock adjacent
property; the private streets do not connect one public street to another, and the alignment of
the private streets does not interfere with the continuity of public streets. Eagle City Code
Section 9-3-2-5(E) states that the Council may waive or modify any of the standards or
requirements of the section (ECC 9-3-2-5) when the private streets have been determined to be
an integral element of the overall plan and scheme of the development or will serve to enhance
the development; provided, however, that any such waiver shall not be injurious to public
health or safety. The applicant is requesting a waiver of Eagle City Code Section 9-3-2-5(A) to
permit the private street to serve 100%of the lots within the subdivision.
• The proposed private street, as submitted, is designed with a 24-foot (24'W) wide paved
section, inclusive of the ribbon curbs. Eagle Fire District does not
• The applicant is requesting a waiver of the requirement to install a sidewalk and a landscaped
parkway within a proposed subdivision. Eagle City Code 9-4-1-6 that specifies, in part, that,
"sidewalks, a minimum five feet (5'W) wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at the
building setback line, is over one hundred feet (100'), sidewalks on only one side of the street
may be allowed." Eagle City Code Section 8-2A-7(M)(1) states, in part, that, "an eight-foot
(8'W) wide minimum parkway planter strip planted with shade class (class II) trees shall be
required between the sidewalk and street to provide a canopy effect over streets." Unless the
City Council approves the design of the subdivision without a sidewalk and/or a parkway
planter strip, the applicant should be required to submit a revised preliminary plat reflecting the
addition of a five-foot (5'W) wide sidewalk and eight-foot (8') wide parkway planter strip
along one side of the private street that connects with Floating Feather Road. The applicant
should be required to submit a revised preliminary plat with a sidewalk and parkway planter
strip that meets the requirements of Eagle City Code at the time of the submittal of a final plat
application.
• The applicant is proposing a private street with a four-foot (4') wide sidewalk adjacent to a
five-foot (5') wide parkway planter strip that is proposed to connect to the existing sidewalk
along West Floating Feather Road at the west side of the private street and continue along the
north side of the private road and terminate at Lot 5. Eagle City Code Section 9-4-1-6 states, in
part, that "Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street frontage line or at
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the building setback line, is over one hundred feet (100'), sidewalks on only one side of the
street may be allowed." Eagle City Code Section 8-2A-7(M)(1) states, in part, that, "an eight
foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be
required between the sidewalk and street to provide a canopy effect over streets." Unless the
City Council approves the proposed design of the sidewalk and adjacent parkway planter strip
(or an approved alternative), the applicant should resubmit a revised preliminary plat with a
sidewalk and parkway planter strip that meets the requirements of Eagle City Code prior to the
submittal of a final plat application.
• The proposed development, as proposed, contains only 10,355 square feet of open space within
Lot 1, Block 1 (exclusive of the proposed private street). The 10,355 square feet provided
accounts for 3.5% of the total subject property (0.24-acres/ 7.68-acres = 3.5%). The minimum
open space requirement for a planned unit development is 20% of the site, with the active open
space accounting for a minimum of 15% of the minimum required open space). However, the
R-1 zoning designation, when submitted outside of a planned unit development, would not
carry a minimum open space requirement. The applicant is requesting a waiver of the minimum
open space requirement of 20% and the 15% active open space requirement. Unless otherwise
approved by the City Council, the applicant should be required to submit a revised preliminary
plat that contains a minimum of 20% open space and 15% (of the required open space) active
open space at the time of the submittal of a final plat application associated with the subject
property.
• The applicant is proposing to construct one-foot(1')wide flush concrete ribbon curbs along the
entire length of the 26-foot-wide (26') private street (measured from back of curb to back of
curb). Pursuant to Eagle City Code Section 9-3-2-5(B)(2), private streets that are less than
thirty-four feet (34') in width require vertical curbing. The applicant is requesting a waiver of
this section in order to allow for on street drainage to flow into adjacent borrow ditch on the
southern side of the street. If the City Council approves the use of a private street, then ribbon
curbing may be used in lieu of vertical curbing. If the Council does not approve this waiver
request,then the applicant should submit a revised plat that either reflects a private street that is
a minimum of thirty-four feet(34')wide or that has vertical curbing.
• The applicant is proposing to implement one-foot (1') wide flush concrete ribbon curbs along
the entire length of the 26-foot-wide(26'W)private street(measured from back of curb to back
of curb) to allow for the use of the proposed stormwater swale system. If the City Council
approves the use of a private street, then the applicant should be required to submit the
necessary plans and calculations demonstrating that the proposed swale system provides
sufficient stormwater capture to ensure adjacent properties are not subject to stormwater run-
off. The applicant should submit plans and calculations with the final plat application for
review and approval by the City Engineer prior to approval of the final plat.
• The subdivision, as designed, is proposed to include a private street with cul-de-sac that is
approximately 908-feet in length. Eagle City Code Section 9-3-2-1(G) limits the total length of
a cul-de-sac street to 750-feet. However, City Council maintains the ability to waive or modify
any of the standards or requirements of the private street section of code when the private
streets or private alleys have been determined to be an integral element of the overall plan and
scheme of the development or will serve to enhance the overall development; provided,
however, that any such waiver shall not be injurious to public health or safety. If the City
Council approves the use of a private street, then the applicant should obtain approval of the
1,160-foot-long cul-de-sac street by Eagle Fire Department prior to the submittal of the final
plat application.
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• The proposed private street was not submitted with a street name. The applicant shall submit a
revised preliminary plat and documentation of approval of the proposed street name from Ada
County.
• West Floating Feather Road is considered a minor arterial, per the Functional Classification
Map 2040, which requires a fifty-foot (50') landscaped buffer, pursuant to Eagle City Code
Section 8-2A-7(J)(4)(b). The subject property, as submitted, is designed with a common lot that
contains a private street, sidewalk, and landscaped turf area within the right of way, however,
the requirements of this specific code section are not met. 8-2A-7(J)(4)(b) states, "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." The applicant
•
should submit a revised landscape plan that includes the requirements stated above within the
private street common lot right of way. If the applicant is not able to comply with the
requirements of this code section because of the limited street frontage along West Floating
Feather Road, the applicant should submit for an alternative method of compliance to be
reviewed by the Design Review Board prior to the submittal of a final plat application.
• Eagle City Code Section 8-3-3(G) states, "When development is planned with residential lots
that directly abut existing residential lots that the Council finds are not likely to be re-
subdivided based upon the Comprehensive Plan and other evidence provided as part of any
application, a transition shall be provided to ensure lot compatibility. Transitions shall take into
consideration site constraints that may exist. Examples of transition options, subject to City
approval, include development of similar lot sizes along the boundary, clustering of the new
lots in order to provide open space directly abutting the existing lots, including setbacks for the
new lots similar to the lots directly abutting, or other elements in the site design and building
design that the city finds will soften the impact and create a compatible transition."
When this application was previously heard before the City Council on April 11, 2023, Council
determined that the proposal did not meet the intent of the code and the application was
remanded back to staff so that the applicant could reduce the total number of buildable lots so
that the proposed lot lines and lot sizes provided a better transition to the existing adjacent
residential lots. The applicant has since re-submitted a revised preliminary plat that reduces the
total number of buildable lots from seven (7) to four (4) in an attempt to respond to the
direction provided by Council and to meet the intent of the code. Please see exhibits of the
previous (remanded) and current submittals. Council is to determine if the proposed
subdivision, as revised, complies with the intent of ECC Section 8-3-3(G) and that reduction in
lots and re-orientation of lot lines meets the intent of the code. If City Council determines that
the proposed subdivision does not meet the intent of the code then the applicant should submit a
revised plat that provides transitional lot sizing, as directed by the Council, for City Council
approval prior to the submittal of a design review application.
Page 20 of 36
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Page 21 of 36
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• The applicant should connect to central water service prior to the City Clerk signing the final
plat.
• In its current state, the subject property contains a single-family residential lot which includes
an existing residence, riding stables, and accessory structure (shop). The proposed plat shows
that the applicant is requesting that the existing residence and accessory structure (barn) are
proposed to remain with Lot 2, Block 1. As the proposed private street is included and the
current 7.68-acre lot is subdivided, the orientation of Lot 2, Block 1, locates the accessory
structure in the front yard area of the existing residence. Eagle City Code 8-3-5(A)(1) states,
"[Accessory structures] will not be located in any required front or street side yard area
within the R-E, R, and MU zoning districts." The applicant is requesting a waiver of this
requirement to allow for the accessory structure to remain in the front yard side area of Lot 2,
Block 1. Unless otherwise approved by City Council, the applicant should be required to
remove the accessory structure from the front yard area of Lot 2,Block 1.
• The proposed plat shows that the applicant is requesting that the existing residence and
accessory structure (barn) are proposed to remain with Lot 2, Block 1. As the proposed
private street is included and the current 7.68-acre lot is subdivided, the orientation of the
new Lot 2, Block 1, locates the accessory structure approximately 6-feet 6-inches (6.5') away
from the southerly property line. The applicant is requesting a waiver of the code
requirements of Eagle City Code Section 8-2-4 for the R-1 zoning designation that specifies
that buildings shall be setback a minimum of 30-feet from the property line to the foundation
of a structure. The applicant is requesting a reduction of that 30-foot minimum requirement to
instead be 6-feet 6-inches (6.5') for the existing accessory structure only within Lot 2, Block
1. Unless otherwise approved by City Council, the applicant should be required to remove or
relocate the accessory structure from the front yard area of Lot 2, Block 1 to comply with the
requirements of ECC Section 8-2-4. The applicant should be required to submit a revised
preliminary plat showing the removal of the existing accessory structure within Lot 2, Block
1, at the time of the submittal of a final plat application associated with the property.
• The applicant shall provide a letter stating that the existing stables located within Lot 3,
Block 1,have been removed from the site prior to the City Clerk signing the final plat.
• To allow for the future installation of municipal fiber-optic cable, the applicant should be
required to install two (2) one inch and a quarter (1 1/4") fiber-optic conduit lines along both
sides of all public streets. Upon completion of the installation of the municipal fiber-optic
conduit lines, the applicant should 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 should be dedicated to the City prior to
the City Clerk signing the final plat.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
November 7, 2022, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by nine (9)individuals who expressed concerns regarding the following:
• The adjacent residential lots that abut the subject property are, on average, approximately two (2)
acres in size. The subject property, as proposed, contains residential lots that are, on average, less
than one (1) acre in size. The overall density and lot size transitions parcels are not similar to the
adjacent properties.
• Irrigation water access is a concern without having seen the pressurized irrigation report that was
submitted as part of the application.
• The application materials state that the property is 7.68-acres in size, but the Ada County
assessor's office states that the property is only 7.40-acres. If the property is smaller than stated it
should be considered when discussing lot sizes.
• On-street and overflow residential parking could be an issue for the proposed subdivision given
the narrow design of the proposed private street.
• The heavy truck traffic that would be required to access the site is not currently being directed
from entering into adjacent subdivisions.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant's representative).
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission entered into deliberation prior to making a
recommendation.A video of their deliberation can be found at the following link beginning at 1:53:56
Granicus Time: https://eagle-id.granicus.com/player/clip/1641
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT (IN LIEU OF A PUD):
The Commission voted 3 to 2 (Smith and Guerber against)to recommend approval of A-2022-01 and RZ-
2022-01 for a rezone from RUT (Rural-Urban Transition) to R-1-DA (Residential with a development
agreement [in lieu of a PUD]) for Mark T. Beckman with the amended text as provided within their
findings of fact and conclusions of law document, dated March 6, 2023.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 2 (Smith and Guerber against) to recommend approval of PP-2022-04 for
Reining Horse Subdivision for Mark T. Beckman, with the site specific conditions of approval and
standard conditions of approval as provided within their findings of fact and conclusions of law
document,dated March 6, 2023.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on April 11, 2023, at which
time testimony was taken, and the Council made a motion to remand the application back to staff to
address Council comments regarding residential density and transition.
B. A public hearing on the applications was held before the City Council on October 28, 2025, at which
time testimony was taken, and the public hearing was closed. The Council made their decision at that
time.
C. Oral testimony in favor of the applications was presented to the City Council by one (1) individual
(not including the applicant/representative)who indicated:
• That because the Owner of the subject property has purchased additional irrigation water rights
through New Dry Creek Ditch, any prior concerns with irrigation water issues with the adjacent
Canterbury Subdivision seem to be resolved.
• The revised,larger lot sizes are an improvement to the previously submitted plat.
D. Oral testimony in opposition to the applications was presented to the Council by no one.
E. Oral testimony neither in favor of nor in opposition to the applications was presented to the Council
by two(2)individuals who stated:
• A request to the City Council to approve the inclusion of an access easement across the subject
property for the use of farm-related equipment to his adjacent property to the northwest.
• Pedestrian accessibility is an important and necessary part of the development of any subdivision
and that a sidewalk should be required to be constructed within this subject property.
COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT
(IN LIEU OF A PUD):
The Council voted 4 to 0 to approve A-2022-01 and RZ-2022-01 for a rezone from RUT (Rural-Urban
Transition) to R-1-DA (Residential with a development agreement [in lieu of a PUD]) for Mark T.
Beckman, with the following conditions of development to be placed into a development agreement with
underline text added by the Council and strike through text deleted by the Council:
3.1 The maximum gross density for the Property shall be 0.52 dwelling units per acre (4 single-
family lots).
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 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 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
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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.
3.5 The conditions, covenants and restrictions (CC&Rs) 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, 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 homeowner's association or other entity cannot
be dissolved without the express consent of the city.
(b) An allocation of responsibility for repair and maintenance of the pressurized irrigation
system and all common landscape areas within the subdivision in a competent and attractive
manner, including the watering, mowing, pruning, fertilizing, and caring for grass, shrubs,
and trees in perpetuity.
(c) A maintenance manual for the private street, requiring the association to have the duty to
maintain and operate the private street, including repair and replacement of asphalt and
curbing,provisions for snow removal from the road, and the planting and maintenance of the
landscape planter island within the cul-de-sac, in perpetuity.
(d) A requirement that the homeowner's association work with Veolia Water of Idaho to obtain
a contractor for the operation and maintenance of all fire hydrants located within the
subdivision. The homeowner's association. shall be responsible for forwarding all
maintenance and inspection records to the Eagle Fire Department annually.
(e) A requirement for all fencing located adjacent to open space and corner lots to be open-style
such as wrought iron, extruded aluminum, wrought iron, or three-rail-type decorative
fencing. All other fencing(i.e. cedar fencing, vinyl, chainlink) shall be prohibited.
(f) A requirement that the 12-foot-wide pressure irrigation easement that provides access to the
irrigation facilities that service the subdivision shall remain clear of any encroachments.
(g) A requirement that no parking shall be permitted on either side of the private street for the
entire length of the private street (exclusive of the bulb of the cul-de-sac) within Lot 1,
Block 1.
(h) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Reining Horse Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat.
(i) 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.
3.6 The owner shall provide documentation verifying that the existing well that scrvcs the existing
existing residence
within Lot 2, Block 1,house is connected to central water services prior to the City Clerk signing
the final plat.
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3.7 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.
3.8 Owner shall abandon the existing septic system and annex into the Eagle Sewer district and
connect the subject property to sanitary sewer service prior to the City Clerk signing the final
plat.
3.9 All utilities that serve the proposed subdivision shall be required to be underground. Any existing
overhead utility shall be buried underground prior to the submittal of a final plat application to the
City.
3.10 To allow for the future installation of municipal fiber-optic cable, the applicant shall be required
to install two (2) one inch and a quarter (1 1/4") fiber-optic conduit lines along both sides of all
public streets. 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.
3.11 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage (if proposed), 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 and Eagle City Council prior to the submittal of a final plat application.
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COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 4 to 0 to approve PP-2022-04 for Reining Horse Subdivision for Mark T. Beckman
with the following 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 RZ-2022-01.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City,whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. The following minimum setbacks, maximum building height, and maximum lot coverage
requirements shall apply:
Front-Living and Garage: 30-feet*
Side - Interior: 15-feet
Side - Street: 30-feet
Rear: 30-feet
Maximum Height: 35-feet
Lot Coverage: 35%
*Except that the existing accessory structure (barn) within Lot 2, Block 1, shall be permitted to
remain in its current location with a minimum front setback of 6 feet 1-feet 6-inches (1.5' 6-51) from
the property line. If the existing barn is removed or relocated, the setbacks for all future structures
shall be pursuant to the minimum setbacks listed above. Except for the existing barn on Lot 2, Block
1, no additional structures shall be constructed that are not in compliance with the established
setbacks without a modification to this preliminary plat or the approval of a conditional use permit
by the City. The footprint of the existing barn shall not be modified from its current dimensions.
5. The applicant shall submit a revised preliminary plat showing a five-foot (5'W) wide sidewalk
within the private street common lot with an eight foot (8'W) wide parkway planter strip (between
the curb ana sidewalk) along one the north side of the private street including the cul-de-sac prior to
the submittal of a final plat application associated with the subject property.
6. The applicant shall submit a revised preliminary plat showing a ten foot (10'W) wide pedestrian
application associated with the subject property.
7. The applicant shall submit a revised preliminary plat identifying the approved street name, as
approved by the Ada County Street Naming Committee, of the proposed private street prior to the
submittal of a final plat application. (ECC 9-3-2-4)
S. If the Council does not approve the private street as proposed, the applicant shall submit a revised
design the street network within the subdivision so that private street does not serve more than 10°/r
of the lots within the subdivision prior to the submittal of a final plat application
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9. If the Council does-net approve the private street-as-pfenesce applicant shall submit a revised
preliminary plat that either includes a privatestreet Eh t of thirty two fe` (32')
width or that has vertical curbing prior to the submittal of a final plat application.
(ECC 9 3 2 5 [B] [2])
10. If the Council does not approve the private street-as propose'', the applicant shall submit a re v ised
preliminary plat that o the e .,te l de street t„ :g�.be le th of 750
feet(750') in length prior to the submittal of a final plat application.
11. The applicant shall submit a Design Review application for the required landscape/screening buffers
adjacent to West Floating Feather Road, the parkway planter strip landscape improvements, and the
pump house (if proposed). The design review application shall be reviewed and approved by the
Design Review Board and City Council prior to the City Clerk signing the final plat issuance of
building permits for the project.
12. 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 8-foot(8') wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. 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.
13. All living trees shall be preserved unless otherwise determined by the Design Review Board. A
detailed landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. Construction fencing shall be installed(pursuant to the
Design Review Board's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
14. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site (as required)prior to approval of a final
plat. (ECC 9-4-1-2)
15. 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).
16. The Reining Horse Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
17. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
18. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1]).
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19. If a pump house is required to service the subdivision, the applicant shall locate the pump station on
a common lot or within an irrigation easement at the time of final plat submittal. If an irrigation
storage pond is required to service the subdivision, the applicant shall locate the irrigation storage
pond on a common lot or within a 15-foot (15'W) wide easement at the time of final plat submittal.
The pump station, irrigation storage pond, and the associated easements shall be developed and
constructed pursuant to Eagle City Code Section 9-2-3(C)(3)(n) and the City's Pressurized Irrigation
Standards.
for the Reining Horse Subdivision to the entity with jurisdiction over Lateral 75 for their opportunity
to review and comment. A notarized affidavit stating that the submitted construction drawings,
including any reports, ,
comprehensive pressurized irrigation system that provides irrigation water to the Reining Horse
Subdivision in such a way that is not detrimental to the schedule, availability, or infrastructure of
other irrigation users on the lateral has been submitted to the entity with jurisdiction over Lateral 75
shall be submitted at the time of the submittal of a final plat application to the City.
21. The applicant shall submit a revised preliminary plat that contains a twelve foot(12'W) wide access
casement from the private street that serves the Reining Horse Subdivision to the residential property
Gilbertson, for the sole purpose of allowing the ingress and egress of farming equipment or
machinery for use on the property at 3100 W Floating Feather Road. The twelve foot (12'W) wide
access easement shall be delineated on the final plat at the time of the submittal of a final plat
application to the city.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
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transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile
or other like satisfactory underground conduit to permit the delivery of water to those landowners
within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,
prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way
unless such obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise
changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of
water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will
not otherwise injure any person or persons using or interested in such ditch or their property; and(3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and
certification shall be filed with the construction drawing and submitted to the City Engineer prior to
the City Engineer signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether
located inside or outside of the public right-of-way the perpetual maintenance of the street lights
shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
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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.
A restrictive covenant must be recorded and a note on the face of the final plat is required,providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a
path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation
Commission prior to approval of the final plat by the City Council.
21. Conservation,recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
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22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle for
a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions"until the final plat has received the approval of the City Council (ECC
9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void,unless a time
extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
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34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over
25,000 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-2022-01/RZ-2022-01) 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 [in lieu
of a PUD]) is consistent with the Large Lot Residential designation as shown on the
Comprehensive Plan Land Use Map because the adopted Comprehensive Plan defines Large Lot
Residential as residential densities that that are between 1 dwelling unit per acre(1.0 du/ac) and 1
dwelling unit per 2 acres(0.50 du/ac)that are generally more suburban and less agrarian in nature
which complies with the 0.52 du/ac that was approved for the Reining Horse Subdivision;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone. The Reining Horse Subdivision will
connect to central services including Veolia Water for domestic water use and Eagle Sewer
District for central sewer. The Reining Horse Subdivision will be served by the Eagle Fire
District,Eagle Police(Ada County Sherrif's Office), and Hardin Sanitation;
c. The proposed R-1-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-E-DA (Residential-Estates with a development agreement) zone
and land use to the north since the proposed residential use, average lot sizes and lot layouts
within the Reining Horse Subdivision are generally in alignment with the existing residential lots
within the Castlerock Subdivision;
d. The proposed R-1-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-E-DA (Residential-Estates with a development agreement) and
R-E (Residential-Estates) zones and land uses to the south since the residential use, average lot
sizes and lot layouts within the Reining Horse Subdivision are generally similar with the existing
residential lots. The private street common lot that services the Reining Horse Subdivision
consists of a borrow ditch along the southern perimeter of the subject property which provides
additional buffering from a majority of the residential uses;
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e. The proposed R-1-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the R-E (Residential-Estates) zone and land use to the east since the
proposed residential use, average lot sizes and lot layouts within the Reining Horse Subdivision
are generally in alignment and of a similar nature to the existing residential lots within the
Canterbury Subdivision No. 1. Additionally, The Dry Creek Canal provides an addition buffering
and separation between the two subdivisions;
f. The proposed R-1-DA (Residential with a development agreement [in lieu of a PUD]) zoning
district is compatible with the RUT (Rural-Urban Transition—Ada County designation) zone and
land use to the west because the proposed private street provides a buffer and no buildable lots
abut the existing residential lots to the west;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use is conditioned within the development agreement so not to create a non-
conforming use with the R-1-DA zone.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-
2022-04) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be adequately served by essential public facilities and services (Eagle
Police Department and Eagle Fire District), schools (West Ada School District), drainage
structures, refuse disposal (Hardin Sanitation), water (Veolia Water) and sewer (Eagle Sewer
District); or that the persons or agencies responsible for the establishment of the proposed use
shall be able to provide adequately any such services, as noted in the documentation provided
from said agencies and as required as a part of the conditions of approval. The subdivision will
have direct access to a public street(West Floating Feather Road);
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. Based upon agency verification and additional written comments of the Eagle Fire District,
Eagle Sewer District, and Veolia Water as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth
within the conditions of approval herein.
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3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the
Council has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
West Floating Feather Road borders the southern property line and will provide the only means of
access into the development. The private street will provide access to all residential lots within
the development and flush ribbon curbs that allow for the inclusion of a borrow ditch to be
included adjacent to the south side of the paved street;
The private street within the subdivision will provide safe and effective movement of both
vehicular and pedestrian traffic because of the following:
The proposed private street is designed to a width of 26-feet and will have restricted parking
along the entire length of the street, as required by the Eagle Fire District. Additionally, the
Reining Horse Subdivision will include a five-foot (5'W) wide sidewalk along the northern side
of the street to allow for safe pedestrian access;
2. The private street provides adequate access for service and emergency vehicles:
The proposed private street is designed to a width of 26-feet which is adequate for emergency and
waste collection services when on-street parking is limited to no more than one side of the private
street. The proposed cul-de-sac at the terminus of the private street is conditioned to meet the
standards of Eagle City Code and will require separate Eagle Fire Department approval;
3. The private streets within the subdivision do not adversely affect access to adjacent properties:
The existing adjacent residential subdivision do not provide any existing stub street locations for
future connectivity and the proposed private street within the Reining Horse Subdivision does not
contain any future stub streets that would necessitate future connections. The property only
provides access at a single location to West Floating Feather Road to the south. Neither the Eagle
Transportation Plan nor the Ada County Highway District Master Street Map delineate a public
street at this location;
4. The private streets will not landlock adjacent property due to topography or parcel layout:
The private street will not landlock any properties since the adjoining developments have public
streets or common drives that provide access directly to West Floating Feather Road, North
Meridian Road, or North Chaucer Way. No future street connections into the Reining Horse
Subdivision property were contemplated;
5. Other than to provide emergency access, the private streets do not connect one public street to
another, thereby encouraging travel through the development served by the private street;
provided,however, that in order to provide secondary access, a private street may have more than
one connection to a public street and/or may be connected to more than one public street if access
thereto is controlled by automatic gates or other control devices approved by the Council:
The proposed private street originates at a public street, West Floating Feather Road, and
terminates to the north in a cul-de-sac which directs traffic back to West Floating Feather Road.
There are no secondary connections to public streets and since the development has only(four) 4
single-family lots,the fire department will not require a secondary access;
6. The use or alignment of the private street within the subdivision do not interfere with the
continuity of public streets:
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The proposed private street does not interfere with continuity of public streets since public streets
surround the site and there is no ability to connect the existing streets within the area; and
7. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof:
The applicant will provide provisions within the Reining Horse Subdivision CC&Rs for road
maintenance and snow removal. A funding mechanism will be specified within the CC&Rs to
pay for future maintenance and repair.
DATED this 25th day of November, 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
AT EST: ° OF•..•••.•C:��•,;
ti
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F .
Tracy E. O o ,Eagle City Clerk
• AL,:
, Si: O
• ,477, (l1' Ac),
"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis"
•
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