Findings - CC - 2025 - A-2025-04/RZDA-2025-05/CUP-2025-03/PPUD-2025-03/PP-2025-04 - Sagehill Subdivision •
•
BEFORE THE EAGLE CITY COUNCIL . .
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
RR [RURAL RESIDENTIAL—ADA COUNTY )
DESIGNATION] AND RP [RURAL PRESERVATION- )
ADA COUNTY DESIGNATION] TO R-1-DA-P )
[RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT-PUD],CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN,AND )
PRELIMINARY PLAT FOR SAGEHILL SUBDIVISION )
FOR SAGE INVESTMENT PARTNERS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2025-04/RZDA-2025-05/CUP-2025-03/PPUD-2025-03/PP-2025-04
The above-entitled annexation,rezone with a development agreement, conditional use permit,preliminary
development plan,and preliminary plat applications came before the Eagle City Council for their action on
November 25, 2025, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter,makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Sage Investment Partners, represented by Dave Yorgason with Tall Timber Consulting, is
requesting annexation and rezone from RR(Rural Residential—Ada County Designation)and RP
(Rural Preservation — Ada County Designation) to R-1-DA-P (Residential with a development
agreement-PUD), conditional use permit, preliminary development plan, and preliminary plat
approvals for Sagehill Subdivision, a 214-lot (200-residential; 14 common lot) residential
subdivision. The 736.00-acre site is generally located 1.60-miles southwest of the intersection of
State Highway 55 and North McLeod Way and approximately 2.59-miles east of the intersection
of Willow Creek Road and the future East Aerie Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Homewood Suites Hotel,located at 7100 East Riverside
Drive, at 6:30 PM, on Thursday, February 13, 2025, 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 April 14, 2025. Subsequent application materials were submitted to the City on June
4,2025,June 13,2025,July 29,2025,and August 8,2025.The owner of the property has consented
in writing to the annexation into the City of Eagle.
C. CONTIGUITY TO CITY LIMITS:
The subject property is contiguous to Eagle city limits along the western, northern, and eastern
property boundaries for a total of 3.04-miles.
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D. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on September 21,2025. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
September 21, 2025. The site was posted in accordance with the Eagle City Code on September
26, 2025. Requests for agencies' reviews were transmitted on April 16, 2025, in accordance with
the requirements of the Eagle City Code.
Notice of Public Hearing on this application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November
7, 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 November 6, 2025. The
site was posted in accordance with the Eagle City Code on November 7, 2025.
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 22, 2022, The Eagle City Council approved the Water Service Agreement (Agreement
for Service by and between Avimor Development, LLC, Sage Investment Partners, LLC, and City
of Eagle) for the Sagehill Development,recorded by the Ada County Recorded on April 13, 2022
[Ada County instrument number: 2022-036228].
F. COMPANION APPLICATIONS: All applications are inclusive herein.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
This application includes a development agreement in addition to a Planned Unit Development
(PUD). A development agreement is requested to: 1) follow many of the Avimor Planned
Development codes, 2) approve proposed densities, including encouraging lot clustering and
allowing some reduced lot sizes with offsetting increase in open space, 3) establish direction for a
Fire and Vegetation Management Plan for Sagehill Subdivision, 4) allow extended time for final
platting, 5)adopt the new City of Eagle Water fee schedule applicable to the Valnova and Avimor
foothills water service area, and 6)allow some private streets as required by ACHD.
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H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
RR(Rural Residential—
Ada County designation) Natural Foothills/Open
Existing Foothills Residential &RP(Rural Preservation Space
—Ada County
designation)
R-1-DA-P(Residential Proposed Single-Family
Proposed Foothills Residential with a development Residential Subdivision
agreement—PUD)
RR(Rural Residential—
Ada County designation),
RP(Rural Preservation—
North of site Foothills Residential Ada County designation), Natural Foothills/Open
and APD-DA Space
(Avimor Planned
Development with a
development agreement)
RR(Rural Residential—
Ada County designation) Natural Foothills/Open
South of site Foothills Residential &RP(Rural Preservation Space
—Ada County
designation)
APD-DA Natural Foothills/Open
East of site Foothills Residential (Avimor Planned Space Natural Foothills/
Development with a Open Space(Future Avimor
development agreement) Development)
APD-DA Natural Foothills/Open
West of site Foothills Residential (Avimor Planned Space(Future Avimor
Development with a Development)
development agreement)
DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
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J. SITE DATA:
Total Acreage of Site—736.00 acres
Total Number of Lots—214
Residential—200
Commercial—0
Industrial—0
Common— 14
Total Number of Units—
Single-family-200
Single-family attached-0
Two-family-0
Multi-family-0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 0.27-dwelling units per
0.27-dwelling units per acre acre maximum(as limited
by the development
agreement)+
Minimum Lot Size 15,355-square feet* 37,000-square feet
Minimum Lot Width 130-feet 100-feet
Minimum Street Frontage 49-feet 35-feet
Total Acreage of Common Area 478.13-acres 147.20-acres
Open Space
Percent of Site as Common Area 64.96% 20%(minimum)
Open Space Except that,according to ECC
Section 9-3-8(C)the City may
require additional public and/or
private park or open space
facilities in PUDs
Percent of Common Area as Active 19 7% 15% (minimum)of the
Open Space required 20% open space
* A reduction in minimum lot sizes may be permitted within a Planned Unit Development with
an offsetting increase in open space.
+The Comprehensive Plan states that the density for unconstrained lands in the foothills should
be approximately 1 unit per two acres.
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K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a minimum thirty-foot(30'W) wide landscaped buffer along the entire
length of East Aerie Lane that is within the subject property.
Common Area Open Space:
The preliminary plat, date stamped by the City on August 8, 2025, shows fourteen (14) common
lots (Lots 1 and 17, Block 1; Lots 1, 23, 23,and 53, Block 2; Lot 1,Block 3; Lot 1, Block 4; Lots
1 and 38, Block 5; Lots 1 and 10, Block 6; Lot 1, Block 7; Lot 1, Block 8, and Lot 1, Block 9)
which provide a total of 478.13-acres of common area open space within the subject property.
29.06-acres of the proposed open space is considered to be "Open Space, Active" as defined by
Eagle City Code Section 9-1-6.A majority of the 478.13-acres of open space will remain as natural
open space(inclusive of 7.84-linear miles of publicly accessible natural surface trails and a publicly
accessible ten-foot (10') wide natural gravel pathway north of East Aerie Lane that is
approximately 2.34-miles in length), however community amenities are proposed to be included
throughout the development,including:
• A primary community amenity, including a natural pond area, three (3) pickleball courts, a
picnic shelter,and playground area, in addition to pathway and trail connections (Lot 1,Block
4).
• One (1) "Gazebo lookout location" and two (2) locations for "potential observation point(s),
gazebo location(s)"at the terminus of proposed trails(Lot 1, Block 4).
• Natural surface trails and a bench location(Lot 1,Block 7).
• An observation point with gazebo location and a designated off-leash area for dogs (Lot 43,
Block 1).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat.The plans are to show how swales,or drain piping,
will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.Fire hydrants will be
required to be installed and operational, pursuant to the minimum requirements of the Eagle Fire
District,prior to the submittal of building permits associated with the development.
On-site Septic System:
No on-site septic systems are proposed for the subdivision.
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Preservation of Existing Natural Features:
The development is proposed to retain approximately 65%of the open space including a majority
of the native hillside and riparian areas within the development. Refer to the included Natural
Features Analysis, dated October 10,2023.
Preservation of Existing Historical Assets:
Staff are not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
L. STREET DESIGN:
Private or Public Streets:
The proposed street network within the subject property is proposed to be developed utilizing a
combination of both public and streets. The public street network is comprised of all proposed
through-streets(streets that provide connectivity to another street or parcel)while the private streets
are limited to cul-de-sac streets only. The street sections are to be constructed pursuant ACHD
standards and the typical street sections on sheet 2.0 of 18 of the preliminary plat
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Applicant's Justification for Private Streets(as stated within the applicant's narrative,date stamped
by the City on August 8, 2025):
Recently, the Ada County Highway District (ACHD) has been requiring more local streets to be
private streets.The Sagehill application is requesting some of the internal local streets to be private,
as required by ACHD and as noted on the revised plat. In general, the connecting streets (ie
Tranquill Pass via McLeod Way,Aerie Lane,etc.)will be public and the cul-de-sac streets will be
private streets. The revised preliminary plat shows which streets are to be private vs public. The
private streets will be built to ACHD standards and the Sagehill HOA dues will be higher so that
the HOA can have adequate funds to own and maintain the private streets.
The reasons and justifications to provide private streets include:
• The site is unique due to location and topography as it does not and feasibly cannot provide
access to many surrounding properties. The stub streets to adjacent parcels will be public
streets, and the cul-de-sacs will be private.
• Access and good transportation planning to adjacent property and to the area travel networks
is not adversely affected;
o Adjacent property will not be landlocked by the site layout.
o The private streets do not connect one public street to another, thereby encouraging travel
through the development served by the private street.
o The use or alignment of the private streets do not interfere with the continuity of public
streets.
• The vision for the Sagehill Subdivision is consistent with other adjacent or nearby subdivisions
(Avimor) with private streets. Providing luxury, estate homes in this area with some private
and gated streets will enhance the compatibility of existing homes in this unique area and help
protect existing home values.
• Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking
are provided in the site design.
• Adequate access for service and emergency vehicles is provided. Additional turnarounds can
be added on the cul-de-sac streets, if requested by Eagle Fire Department.
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• Additional dues will be charged to the owners to fulfill a maintenance plan to repair and
maintain the private streets.
Note: We are requesting only those streets required by ACHD to be private and the rest of the
streets to be public. Though the total number of lots accessing a private street is greater than
10 percent,we are requesting the limited number of lots as shown in our plat to take access off
a private street, which will be less than half the total number of lots.
Blocks Less Than 500-feet:
No blocks less than 500-feet are proposed.
Cul-de-sac Design:
The preliminary plat, date stamped by the City on August 8, 2025, shows the cul-de-sacs with a
50-foot radius inclusive of a landscape island with a 10-foot radius.
The preliminary plat includes ten(10)private cul-de-sac streets,named and described as follows:
• North Prairie Ridge Place—Private—2,253-feet in length
• North Brush Basin Place—Private— 1,171-feet in length
• North Basin View Place(west)—Private Street—821-feet in length
• North Basin View Place(east)—Private Street—627-feet in length
• West Granite Flats Court—Private Street—324-feet in length
• North Woodstar Place—Private Street— 1,702-feet in length
• North Laurus Ridge Place—Private Street—562-feet in length
• East Currant Hills Court—Private Street— 1,671-feet in length
• East Hillstar Court—Private Street—945-feet in length
• East Canyon View Court—Private Street—863-feet in length
Sidewalks:
Detached ten-foot(10'W)wide concrete sidewalks are proposed(separated by an eight-foot(8'W)
wide parkway planter strip) on both sides of the entirety of the portion of East Aerie Lane 3 lane
minor arterial)depicted within the subject property.
Attached five foot(5') wide concrete sidewalks are proposed on both sides of the proposed Local
Residential Dual Frontage Street Typical Section and as depicted within the Sagehill Pathways and
Trails Plan.
Attached five foot (5') wide concrete sidewalks are proposed on one side of the proposed Local
Residential Single Frontage Street Typical Section and as depicted within the Sagehill Pathways
and Trails Plan.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
public streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to the
submittal of a final plat application.
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: In addition to the sidewalks described within the"Sidewalk"section above,
the subject property, as proposed, includes 7.84-linear miles of publicly accessible natural surface
trails and a publicly accessible ten-foot(10')wide natural gravel pathway north of East Aerie Lane
that is approximately 2.34-miles in length),
Bike Paths:
Eagle City Code section 9-4-16 speaks to the provisions for trail and pathway development
standards.
N. PUBLIC USES PROPOSED:
The public will be granted use of all sidewalks,pathways and trails within the subject property.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be provided with potable water service by the City of Eagle water system that
was developed initially for use by the Avimor development. Water service was constructed by
Avimor Development along the Aerie Lane and is available for connection. The water service
agreement that was entered into in 2022 by the City of Eagle, Avimor, and Sage Investment
Partners, states that 200 Equivalent Dwelling Units (EDUs) of the current 1,572 EDUs would be
allocated to the Sagehill development.
Central sewer service will be provided by the Avimor Water Reclamation Company (AWRC).
AWRC has the capacity and ability to provide service to the subject property,however sewer lines
have not yet been installed to any of the subject property's boundaries.
The subject property is within the service boundary of the Eagle Fire District and within the service
area of the Eagle Police Department.
The applicant will be required to install fiber-optic conduit within the joint trench for future
connection.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No, there are no habitat or environmental areas of
special concern noted within the property.
Evidence of Erosion—None currently known. General erosion potential of soils can be described
as the soil loss tolerance in tons per acre,or the "T factor."T Factors are integer values assigned to
each soil component ranging from 1 to 5 tons per acre per year are defined as the maximum amount
of erosion at which the quality of a soil as a medium for plant growth can be maintained.The factor
of 1 ton per acre per year is for shallow or otherwise fragile soils and 5 tons per acre per year is for
deep soils that are least subject to damage by erosion. The majority of the project area (64%) is
comprised of soils with a T-factor of 5. Slightly more fragile soils with a T-factor of 3 and 2
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comprise 19% and 17% of the project area, respectively, and are found primarily associated with
steep, north-facing slopes and the valley bottom along Aerie Lane. Geotechnical soils reports and
on site monitoring will be required during the mass grading efforts.
Hazardous Areas-Potentially hazardous areas include,but are not limited to,land that is unsuitable
for development because of flood threat, poorly drained areas, high ground water, steep slopes,
rock formation,buried pipelines,or other similar conditions likely to be encountered. The primary
hazardous areas within the project area are associated with the Big Gulch Creek corridor, steep
slopes, and rocky slope drainages,particularly in the northwest portion of the project area.
Fish Habitat—No fish habitat within the subject property is known.
Floodplain—The subject property contains no mapped floodplain.
Mature Trees—Yes,within the riparian corridors.
•
Riparian Vegetation—Yes
Steep Slopes — Yes, the topography of the project area can be described as hilly and steep, with
highly variable slopes. The average slope within the project area is approximately 19 percent,with
the steepest slopes(approximately 74 percent)occurring in the western portion of the project area.
The valley bottom within the eastern portion of the project area has the shallowest slopes (<1
percent).
Stream/Creek—Yes, seasonally. The lower reaches of Big Gulch Creek lack indicators of stream
channel and wetland indicators, making the nexus between the resources within the project area
and the applicable provisions of Section 404 of the Clean Water Act unclear. It is possible that the
wetlands and stream channels within the project area are not covered under the jurisdiction of the
Clean Water Act.
Unique Animal Life —No, the fauna species observed during field surveys were consistent with
common species found within the Eagle/Boise foothills.
Unique Plant Life — No, there we no instances of Aase's Onion (Allium aaseae) or Slickspot
Peppergrass(Lepidium papilliferum)were observed during targeted intuitive surveys.
Wildlife Habitat — Yes, including a variety of raptors, passerines, upland game birds, small and
medium mammals,reptiles, and ungulates.
R. SUMMARY OF REVIEW OF NATURAL FEATURES ANALYSIS:
The applicant submitted a Natural Features Analysis, dated October 10, 2023,prepared by Duran
Environmental Consulting, LLC. The Natural Features Analysis outlines the projects description
and current uses, aquatic resources, soils, topography, vegetation, wildlife and wildlife habitat,
special species status, historic resources, hazardous areas, agriculture, open space, and mitigation
plan options.
The project area is predominately composed of steep slopes with a mixture of native and nonnative
grasslands and sparse, native shrubs. Big Gulch Creek (a small intermittent stream) bisects the
project area and supports trees and other riparian vegetation
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S. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached:
City Engineer
Ada County Highway District
Avimor Water Reclamation Company
Eagle Fire Department
Eagle Sewer District
Idaho Department of Environmental Quality
Idaho Transportation Department
U. LETTERS FROM THE PUBLIC:
A letter from Avimor Development,dated July 17,2025
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to phase the development in five (5) separate phases with the initial
phases of construction beginning in the northeast portion of the site and extending to the south and
west.
The applicant has requested that the standard expiration timeline for the preliminary plat be
extended from the standard two(2)years from the date of approval to six(6)years prior to needing
to request any extensions of time,which could be requested to extend the date of expiration up to
another twelve(12)months with each request that is approved.
The applicant has requested that the standard expiration timeline for the subsequently submitted
final plats be extended from the standard one (1) year to two (2) years from the date of approval
prior to needing to request any extensions of time,which could be requested to extend the date of
expiration up to another twelve(12)months with each request that is approved.
W. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest,advances the general welfare of the community
and neighborhood,and will not be detrimental to the economic welfare of the community.
2. That the development be designed,constructed,operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses,activities,processes,materials,equipment,and/or
conditions of operation that will be detrimental to any persons,property or the general welfare
•
by reason of excessive production of traffic,noise,smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation,and/or other special features which would not typically be provided in
a non-PUD proposal.
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8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits,combination of various land uses,and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large-scale PUDs (incorporating eleven (11) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
For a request of up to 10%of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial,public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
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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:
• COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
CHAPTER 6: LAND USE
Foothills Residential is a unique combination of land uses within the Eagle Foothills that strives to
balance residential, non-residential, and open space (developed and natural) use to create unique
hamlets of development that place urban development within the natural environment without
overcrowding or significantly altering the natural features found on the site.
The density for unconstrained lands in the foothills should be approximately 1 unit per two acres.
Residential densities should be calculated to be commensurate with the existing land conditions.
Priorities for open space areas should be lands with slopes of 25%or greater and important habitat
areas. No residential density should be granted for areas located within the floodway, slopes more
than 25%, or sensitive/critical habitat. These areas should be used as open space. Units should be
arranged in accordance with the transect plan as described in the Foothills planning area.
Scenic Corridor is an overlay designation that is intended to provide significant setbacks from
major corridors and natural features through the city. These areas may require berming, enhanced
landscaping, detached meandering pathways, and appropriate signage controls.
Regional Open Space overlay areas should be designated to capitalize on and expand the open
space areas around natural features and environmentally sensitive areas. Priorities for preservation
include: The most sensitive resources—floodways and floodplains(including riparian and wetland
areas), slopes in excess of 25%, locally significant features, and scenic viewpoints. Fragmentation
of open space areas should be minimized so that resource area are able to be managed and viewed
as a integrated network. Open space areas within the Foothills and along Dry Creek and the Boise
River should be designed to function as part of a larger regional open space network. Where
possible, open space should be located to be contiguous to pubic lands and existing open space
areas.
Village and Community Centers are intended to serve as mixed use centers for goods,services and
employment for areas that are removed from downtown Eagle.Uses and residential densities carry
based on location.
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6.14 EAGLE FOOTHILLS PLANNING AREA
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For over 30 years the Eagle Community has placed significant value on the North Foothills
providing contrast to the green, flat land of the Boise River corridor. For years private land owners
have provided access for horsemen, hikers, hunters, and recreation enthusiasts through an informal
trail and recreation system. In 1999 the Foothills were designated as an area of special concern in
the City's Comprehensive plan.
Over 80% of the Eagle Foothills is held in private ownership by less than 10 families or groups.
Over the recent years the ranch families who historically have lived in the Foothills have begun
looking for new options for the land with many pursuing development options.This desire to change
the historic use of their land coupled with Ada County's significant shift in focus from a rural
preservation agency to promoting urban development outside of cities resulted in the urging by
landowners,neighborhood groups,and citizens for the City of Eagle to engage in a planning process
to bring the Foothills into the City's planning area.
With limited access and transportation options,the Eagle Foothills are intimately linked to the City
and the Eagle downtown. Willow Creek Road is the only improved internal road to the area with
Highway 55 on the east and Highway 16 on the west establishing a clear planning area.As the City
worked through the planning of the foothills a larger geography was noted with large land holdings
crossing east of Highway 55 and north into Gem and Boise Counties.
In 1997 and 2007 the City of Eagle requested Ada County include the area north of Homer Road
into the City's AOI, and both times Ada County requested a full comprehensive Plan for the area.
The North Eagle Foothills Planning Area and associate amendments is the result of the City's
planning efforts in this area.
In late 2006, the City of Eagle entered into a scenario building process to look at the opportunities
and constraints within the Foothills. During this scenario building process the City used existing
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data from public agencies and private groups to analyze the potential of the Foothills for
development. During this review the City looked at land ownership, existing recreational uses,land
cover, slope, hydrology, resident and migratory big game and other wildlife habitat and potential
migration paths, sensitive plant locations, and potential distribution visibility, landscape quality,
distance zones, and overall visual sensitivity. The result of these maps was an overall opportunities
and constraints map(See Map 6.13).
/able i 1,FnctMMs Ccni ri rits
FNtu+a ACM i'Of aria
Slop i 25%t 9.143 19%
Fipodwhr 210 1,1 ti
Noble 12,964 i6
BUM 5.34s 11%
Total 27,735 57%
Once the constraints mapping was completed the City worked with a work group comprised of local
and state agencies, land owners,and citizens to discuss and model potential development scenarios.
The final scenario balanced the natural features of the land with the following values (See Map
6.14):
• The transfer/trade of public lands for a better open space network
• Establishing open space/wildlife corridors
• Providing/preserving a regional recreation system
• Focus development into less visible areas, or ideally non-visible areas (see the City's Foothills
Visual Sensitivity Analysis).
• Primary access to the area from Highway 55&Highway 16 limiting or diminishing access to the
southern part of Willow Creek/Eagle Road.
•
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Mao 6.14:Regional Open Space Concept
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Though these scenarios provided the City an overview of the opportunities and constraints of
development it did not prescribe land use densities or intensities that are needed to determine
infrastructure needs, transportation impacts, build out/absorption, or population. With
Comprehensive plan amendments being requested totaling over 20,000 acres both inside and
adjacent to the planning area, the City felt it necessary to begin the process of a specific area plan
for the North Eagle Foothills.
The City's focus was to establish recommendations and guidelines in order to identify those areas
that could best sustain urban development and those areas which should be prioritized to be best
maintained as open space based on the vision of the community and the actual constraints of the
land.
Due to the number of existing and potential applications at the city and county,the interest by both
large and small landowners to provide a detailed build out plan for the area that provides
predictability in long-term land uses,and the City's concerns about downstream effects from county
development, the City agreed to begin planning for the Foothills through a series of workgroups
using the scenario building process as the backbone of the process associated with a plan for
development within the foothills.
During the drafting of the plan the City of Eagle engaged over 500 participants through a series of
weekly work groups that discussed the foothills transportation,habitat and open space,infrastructure
and facilities, water, activity centers, and landscape and design standards for development within
Foothills. This sub-area text is based upon the work of those individuals who were committed to
finding workable solutions and long-term development options for the Foothills.
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The intent of the North Eagle Foothills sub-area plan is to be a guide for future development as it is
integrated into the Eagle Community and part of the City of Eagle. This will be accomplished
through incorporation of the area into the jurisdictional boundaries while also creating a unique
sense of place that is clearly identifiable as the City of Eagle. It is expected that specific area plans
(Planned Unit Developments)will be drafted by landowners at the time of development that provide
specific implementation measures for the broad community policies of this plan. The North Eagle
Foothills encompass nearly 49,000-acres north of Beacon Light Road.
All land is not equal. Overall, it is agreed that portions of the Eagle Foothills are more suitable for
standard urban development due to the existing land uses, location to regional transportation
corridors and overall site characteristics.Conversely,the foothills are not the flat irrigated farmland
that the City has historically approved for development. The complex fabric of existing constraints
(topography, erosion potential, location of wetlands, existing sensitive plants and animal
communities,riparian areas,and visual impacts)must be considered when urbanization is proposed
(See Table 6.2). It is the vision of the community that development within the Eagle Foothills will
be in a series of small hamlets providing areas of urbanized development nestled into the natural
environment; establishing development areas that are unique and spatially separated by larger
natural areas and open spaces. To create clusters of great living/urbanized areas that are connected
to and contribute to a larger interconnected regional open space network. Land use designs should
ensure that each development area fits into the natural systems of the Foothills(topography,habitat,
and drainage)opposed to significantly altering the natural systems to allow for development. These
principles are in keeping with the design styles of Randall Arendt in"Rural by Design".
Table C.2. Foothills Land Uses
Foothills land llces
%of
Acres Area
Unconstrained 12,089 25%
Residential Rural 2.080 4%
Slopes 25%+ 16,259
Floodway 210 0%
Habit,,t 12,964 26%
BLM 5,398 1
49,001
Community 2
Neighborhood Centel, t.
Adjustment factor:
The build out of the Foothills will be unlike any other area of the City. Environmentally sensitive
areas,public lands, and unique features will affect the overall density and development potential in
the foothills.The overall density of the foothills should remain rural(1 unit per 40 acres and/or lunit
per 10 acres as currently allowed in Ada County)until annexed into the City of Eagle at which time
development should be reviewed for compliance with the Eagle Foothills Plan and for the provision
of adequate public facilities.The overall density of the unconstrained portions of the foothills should
remain rural(1 unit per 2 acres)with options for clustering the base density into transects and density
bonuses for the creation of activity centers and significant open space areas.
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Transects are a pre-described guideline or pattern for constructing the built environment. Transects
help establish a flow from activity centers into natural open space areas.In transect planning density
is anticipated to be high in activity centers and decrease as the distance from the centers increases.
The mixture of land uses also change from mixed use areas including commercial, office and
housing to more traditional homogeneous single family detached units on the fringe. Within the
Eagle Foothills seven(7)transects have been developed to guide the overall development potential
into a pattern that promotes regional open space connections and discreet community and
neighborhood centers. (See Table 6.3)
6.14.1 EAGLE FOOTHILLS GOALS
A. Design a future land use plan that is rooted in the land's capability to sustain development
while preserving the natural features that brought people to the area.
B. Establish a significant regional open space network in order to formalize the existing
recreational uses, environmentally sensitive area and connections between them through
creative design,voluntary dedications, incentive and governmental acquisition or exchange.
C. Create a uniquely identifiable community that blends with the existing city and balances local
land uses with regional growth and services while preserving the uniqueness of the Eagle
Foothills.
6.14.2 EAGLE FOOTHILLS LAND USES
A. Recognizing that the foothills are a complex land form the overall density of the foothills
should be limited while encouraging clustering of the available units into a transect plan that
includes regional activity centers with urban type densities transitioning into permanent open
space areas.
1. The base residential density for all lands within the Foothills Planning Area should be
1 unit per 40 acres and 1 unit per 10 acres until annexed into the City of Eagle and the
provision of adequate public facilities is secured or demonstrated.
2. Lands with slopes in excess of 25%, floodways due to their sensitive nature and the
potential impacts to the health safety and welfare of the general public, and key habitat
areas as identified by State and Federal agencies should be priority areas for open space
and sending area for units being developed in less constrained area as described in the
land use transects of this plan.
3. Governmental lands (BLM)that are to be managed for the general use and enjoyment
of the public should be designated as public/semi-public with no residential density.
• Provide incentives to create development areas that are unique to the foothills, opposed to
standard suburban development patterns, providing for walk-ability to services, schools, and
employment within distinct development areas; establishing a series of hamlets that are
spatially separated by distance, open space, and/or topography but are pedestrian scaled and
designed so to maintain connection to the overall community.
1. Provide incremental increases to the base density commensurate with the provision of
open space, adequate public facilities, and the protection of environmentally sensitive
areas,public lands and unique features.
2. Allow for the transfer of densities within a project/development to create and locate
community and neighborhood centers as described in this plan.
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3. Density incentive/bonus should be considered for the following:
a. The establishment of a permanent non-city funding source to offset the annual
operation and maintenance of the open space areas. This may include endowment
funds,use of land trusts and institutes,transfer fees or other mechanisms.
b. Designing the open space to function on both a neighborhood and regional level
providing both internal and external connectivity for multiple user groups including
pedestrians/hikers,bicyclists and equestrians.
c. Working with adjacent land owners to design and dedicate open space on a large
scale in compliance with the goals of this plan.
d. For the clustering of units into centers and the construction of the land use transect
as describe within this plan.
e. Providing open space greater than 20%of the gross site area.
4. Allow for the waiver of the maximum height requirements when a site specific visual
site analysis shows no impact to the visually sensitive areas described in the visual
impact Study Commissioned by the City.
5. Establish new architectural and site design standards that are unique to the foothills.
• Use a regional open space overlay to establish areas where clustering and conservation
development should be used opposed to standard large lot development in order to provide for
habitat and a regional open space network connecting the Eagle/BLM land to points in and
outside the area including Rocky Canyon,Stack Rock,Montour,the Boise Front and the Boise
National Forest.
• Development should be designed to fit within the natural features of the area. To maximize
the preservation of these features development should be clustered so to preserve as much
open space as possible.
1. Open space should be designed to capitalize on and expand the open space areas around
natural feature and environmentally sensitive areas. Priorities for preservation should
include:
a. The most sensitive resources on the property—Floodways(including riparian and
wetland areas), slopes in excess of 25%, locally significant features, & scenic
viewpoints.
b. Fragmentation of open space areas should be minimized so that resource areas are
able to be managed and viewed as an integrated network.This can be accomplished
through various engineering and design tools i.e.,super pads,hillside engineering,
and others.
c. Open space areas should be designed as part of the larger continuous foothills area
and regional open space network. Where possible open space should be located to
be contiguous to public lands and existing open space areas.
• Work with landowners and developers to establish a structure for funding the long-term
stewardship and maintenance of large areas of open space.
• Work with the BLM to leverage the exchange of discontinuous tracts of public land for
equal or larger tracts of contiguous ownership within the regional open space overlay that
will build onto the existing public ownerships.
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• Use the Foothills Land Use Transect(see Table 6.3)to help provide scaling and a pattern to
clustering within large tracts of land as well as to provide a diversity of housing
opportunities within the Foothills including apartments, town homes, condominiums, and
small and large lot single family versus the homogeneous large lot development.
• Develop Community and Neighborhood scale centers on the principles of mixed use;variety
in form and image;pedestrian orientation; higher density; a focus on transit; and economic
diversity that reflects the patterns of a small town.
1. Community Centers: These are the highest intensity use areas in the foothills. They
should act as density magnets to begin building the transects as described in this
section. These are areas for the clustering of densities from more rural and open space
areas.
These centers are the most intensive development that should occur in the Foothills
planning area. There may be several types of mixed use community centers including
commercial,educational, and research.
Community Centers are the highest density,with the greatest variety of uses,and civic
buildings of regional importance.It may have larger blocks;streets have uniform street
tree planting and buildings set close to the frontages. No minimum lot sizes. These
centers are characterized by the following:
a. Limited in total number due to the need for high connectivity to the state highway
system and regional trip capture.
b. Community centers should be designed to aid in the location, design and
construction of grade separated interchanges along the state highway system. At a
minimum Community Centers should be designed to provide for the right-of-way
preservation of these facilities.
c. Compact and mixed use in nature these centers should integrate a combination of
uses including office,retail,commercial, institutional, civic,residential,hotel and
recreation while focusing on the paramount community function.
d. These centers should be pedestrian oriented developments that contain elements of
a live, work and play environment. Walkable communities should have all key
amenities or facilities within a '/4 mile distance of the majority of the developed
units.
e. Mixed Use Community Centers should be approximately 100-150 acres in size and
allow up to 350,000 square feet of gross leasable space.
f. If residential uses are provided they should account for no more than 25% of the
gross total area of the Community Center with allowable densities of up to 8 to 10
units per acres.
g. Community Centers should be designed to integrate and promote the expansion of
public transportation along major regional corridors providing transportation
alternatives between communities in the region.
h. As a guideline for planning urban transition and suburban density patterns should
be located with 'h to 1 mile of these centers. This standard allows for the
implementation of the land use transect and ensure that the overall desired land use
pattern of the foothills is implemented. (See Table 6.3 &Figure 6.12)
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Table 6.3 North Fagle Footh111s Transacts
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2. Neighborhood Centers:These centers have higher density mixed-use building types that
accommodate retail,offices,row houses and apartments.It has a tight network of streets,
with wide sidewalks, uniform street tree planting and buildings set close to the
frontages. These centers, though not mapped, should be located in areas with the
following characteristics:
a. New Mixed-Use Neighborhood Centers should be approximately 40-60 acres in
size and allow up to 150,000 square feet of gross leasable space,though their shape
is subject to terrain, access,and other site variables.
b. Mixed use in nature, these centers will integrate a combination of uses including
office,retail,institutional,civic,residential and recreation while serving as a focal
point for the overall development
c. Neighborhood centers are located at key collector and arterial intersections within
the residential areas of the foothills.
d. Neighborhood Centers are to include residential with allowable densities of up to
6 to 10 units per acres.This clustering/massing adds interest and serves as a magnet
for the base density (from more constrained areas or open space dedications) for
the overall project and implements the land use transects units.
e. These centers should be sized and scaled to be compatible with the surrounding
single family uses ensuring a transition of intensities and massing at the edges.
f. Residential uses should account for a minimum of 50% of the gross developable
area of neighborhood centers.
g. Located on level areas of the foothills that can be developed with the least
disturbance of the sensitive hillsides, natural drainage area and important open
space and habitat areas.
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h. The boundaries of these areas normally follow the existing terrain of the immediate
surroundings.
i. Neighborhood centers are spatially separated from each other by rural residential
uses and/or significant open space areas that allow for each neighborhood center
to be independent and avoid the unintentional over-intensification of the
neighborhood centers into Community Centers or something more intensive. (See
Figure 6.12)
j. Neighborhood centers are normally open-air shopping areas, often sharing a
central plaza.
k. Neighborhood centers should have a central focal point that may include open
spaces,plazas, schools,recreational facilities,or civic uses.
1. Buildings in the neighborhood centers should be oriented to the street or public
plazas to encourage pedestrian scaling and access,to promote a neighborhood feel.
m. As a guideline for planning urban transition and suburban land uses should be
located with '/2 to 1 mile of these centers or as topography allows. This standard
allows for the implementation of the land use transect and ensure that the overall
desired land use pattern of the foothills is implemented. (See Figure 6.12)
Figure 6.12: Neighborhood Center/Open Space Cluster Concept
•
Permed open space
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Create an overlay district to highlight a discreet geographic region within Eagle's
Comprehensive Plan that showcases the emerging viticulture industry unfolding in this area.
(See Map 6.15)
1. Consider modification of the City Code to allow ancillary uses (Bed & Breakfasts,
tasting rooms,bistros,etc.)to be easily applied for and achieved.
2. Consideration in this area should include: uniform signage,modified roadway design,
limits on conflicting land uses including massing and scaling of buildings and
structures(including cell towers), increased limitations on building coverage.
3. Establish City signage and promotion of this emerging agricultural industry.
4. Research how industrial revenue bonding may further the establishment of this region.
J. Due to the unique feature of the foothills and the Eagle Foothills AVA additional hospitality,
resort and tourist uses may be developed in the foothills. These uses should be sited so not
to deteriorate prime habitat or environmentally sensitive area and should be exchanged for
the underlying residential densities in the specific area.
K. Due to the unique scenic and economic value of the agricultural/viticulture uses these uses
should be reviewed as a component of the overall open space design.
L. Work with ACHD to establish a unique road cross section for the district that may include:
wider shoulders for parking, gravel driveways and limited use of sidewalks.
M. Design a community that is the pinnacle of water conservation promoting limited
use/extraction,reuse and innovative irrigation and landscape design. If necessary, land use
entitlements may be limited until sufficient potable and irrigation water is established.
N. Establish a land use pattern that promotes large scale and regionally significant services
located along existing regional transportation routes (State Highwayl6 & 55) while
promoting neighborhood scale services internally to the area.
O. Work with Ada, Gem, and Boise Counties to ensure that the intent of City of Eagle plan is
understood by these jurisdictions.
1. The intent of the Eagle Foothills plan is to provide direction and incentive for land to
develop and incorporate within the jurisdictional boundaries of the City of Eagle.
2. It is the intent of the City of Eagle that all development using this plan as a guide
connects to the City of Eagle municipal water system or be otherwise designated in this
plan or waived by the City of Eagle.
3. It is the intent that land uses within the Eagle Area of City impact remain rurally zoned
(RP&RR)until they are annexed to the City of Eagle.
6.14.3 EAGLE FOOTHILLS ACCESS
A. Design a Foothills transportation network that is sized appropriately for the demands of
development in the foothills. (See Map 6.16)
1. Explore the use of roundabouts, multi-purpose trails and water efficient boulevard
treatments throughout the area. (See ACHD's NW Foothills Transportation Plan)
2. Promote the use of the unique road cross sections within the community and
neighbbrhood centers within the foothills. (See Figure 6.13)
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3. Work with the development community, ACHD and ITD to design the following
roadways as gateway corridors for the Foothills and the City of Eagle:
• Willow Creek Road
• State Highway 16
• State Highway 55
B. Promote internal City connections to the foothills to limit the use of the regional
transportation system for local trips,provide connections within the fabric of the overall
1. Promote Linder Road and Hartley Road as the main north/south internal connections.
2. Work with land owners, developers and ACHD to assess the best alignment and
connection of N. Eagle Road/Willow Creek Road into the Foothills.
3. When possible limit roads across major open space areas.
C. Establish design criteria for the crossing and the potential separation of vehicular and
pedestrian/equestrians at major roadways.
D. Ensure that development plans include both motorized and non-motorized circulation.
E. Establish a mechanism to ensure that transportation impacts are planned for and funded
while multi-modal options are integrated into the design of the overall system.
F. Work with the appropriate transportation agencies to establish an achievable means for the
funding and construction of new rights of way in a previously underserved area.
Consideration may include extra- ordinary impact fees, concurrency ordinances, local
improvement districts and latecomer's fees.
G. connection between State Highway 16 & 55 to provide internally generated regional trips
to move safely and efficiently to/through the regional system.
H. Work with the Idaho Transportation Department to limit access to the State Highway system
through the development process and to establish thresholds for improvements to the
system, including grade separated interchanges, to limit the impacts on the regional traffic
flow.
I. Work with the ITD, ACHD and land owners to ensure that a regional roadway system is
developed to serve both the proposed development and the City at large.
J. Work with ACHD, ITD, Idaho Fish and Game, and land owners to establish locations and
standards for animal and recreation crossings and signage to ensure safe migration and
recreation throughout the Eagle Foothills and the region.
1. Locate potential animal and recreational crossings on the transportation and open space
maps within the comprehensive plan.
2. Establish standards for recreation and habitat crossing and signage standards as port of
the wildlife mitigation plan and preliminary plat process.
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6.14.4 EAGLE FOOTHILLS DESIGN
A. The design and development of the Eagle Foothills should include: water efficiency, fire
resistance, native plants and drought tolerance plants and, respect the rural foothills
character.
1. Water Efficiency: Develop an ordinance for water efficiency in the foothills that
includes:
a. Establish appropriate irrigation criteria for the Foothills including maximum
irrigated area,plants types and evapotranspiration rates.
b. The implementation of water efficient automatic irrigation systems for landscape
areas that include:
1. Moisture sensor
2. Automatic controller capable of multiple start times/zones
3. Limit spray heads to turf/flower beds only
4. Encourage the use of reclaimed water for irrigation
5. Limits/regulate the use of outdoor water features(fountains/pools)
c. Encourage the use of water efficient fixtures and appliances within buildings.
2. Landscaping: Develop landscape criteria, guidelines, ordinances and a community
education program appropriate to Foothills that includes the following:
a. A plant list of recommended/prohibited plants
b. Encourage the use of drought resistant native plants
c. Prepare a list of recommended plants that are native to the Eagle Foothills
d. Limit/regulate the use of turf(define maximum percentage of total landscape area
that can be turf) with adjustments based on the type of turf used i.e., a greater
percentage for lawns utilizing drought tolerant fescue and rye turf rather than more
water dependent Kentucky bluegrass
e. Encourage public education on progressive landscape principles
f. Establish policies for the re-vegetation of disturbed areas in the Foothills
g. Establish policies for use of native plants on non-irrigated slopes
3. Architecture and Design:Develop a Foothills specific architecture and site design book
that includes the following:
• Architectural styles appropriate to foothills
• Regulates Colors/materials
• Ensure that development relates to surroundings
• Promote high quality of design and workmanship
• Provide incentives for Green buildings/water efficiency
• Establish criteria for individual building siting
• Clustering/range of densities and housing types
• Forms/massing/scale
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• Roofs below significant ridgelines
• Fire Resistant Materials
• Utilization of best practices for defensible space,fire protection and suppression
a. Develop guidelines for development in the foothills that includes the following:
1. Establish a pattern language for the Eagle Foothills that gives particular
attention to the use of appropriate forms,massing and scale that relates to the
Foothills landscape and topography.
2. Encourage progressive, creative, high quality and environmentally sensitive
development within a range of product types through the use of appropriate
materials, colors and design.
3. Develop standards that throughout this process promote efficient clustered
varied and significant architectural projects.
4. Establish a foothills residential design review board that is composed of highly
qualified informed citizens and that all projects submitted to the board be
required to be designed by an Idaho registered architect.
4. Site Planning Criteria: Develop site development plans sensitive to existing foothills
characteristics including visually sensitive area, open space and existing/sensitive land
forms(See Map 6.17).
a. Encourage clustered development to ensure quality open space is provided. (See
Figure 6.14)
Figure 6.14: Comparison of Standard versus Cluster Development
II
II • • 9•
•
•rill-17IFV) .
•
tr......
....../..,,ka4, 7,
Standard Development (Duster I)eveloornent
b. Establish policies for road design and building placement sensitive to topography
and view sheds.
c. Establish policies for grade adaptive structure placement to mitigate the visual
impact of development. (See Figure 6.15)
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Figure 6.15: Grade Adaptive Structures
.• "woo_ IV" • M
w
'trade(
d. Encourage contour grading that blends with existing landforms. (See Figure 6.16)
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Figure 6.16: Contour Grading
1 '
r",f4,
gola011 C. 4ntta;
Jo
..-� Y f
e. Require lateral and structural grading to be conducted by licensed engineers.
f. Buffer and plantings in Foothills should be sensitive to foothills characteristics and
should not include uniform berms with mass plantings. Berms, if used, should be
shaped to blend in with the existing topography.
g. The City recognizes that the placement of development within the foothills will
create the need for significant improvements both internally and externally to the
area. These impacts should be adequately assessed and distributed among the land
owners within the foothills.
D. 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.
P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation
noted on the official zoning map of the city(i.e.,R-4-P), indicates that the development was
approved by the city as a planned unit development. Density transfers may have been permitted
as a part of the overall development.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city(i.e., C-2-DA), indicates that the zoning was approved by
the city with a development agreement. Specific provisions,as may have been incorporated
within the development agreement, are applicable to development within this zoning designation.
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• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E* Maximum Minimum Lot
Zoning Lot Area Minimum
District Maximum Front Rear Interior Street Covered F (Acres Or Square Lot
Height Side Side And J* Feet)H* Width I*
R-1 35' 30' 30' 15' 30' 40% 37,000 75'
B. Additional 5 feet per story side setback is required for multi-story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
C. Retention, Removal, and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species
identified in section 8-2A-7Q of this article is required. For each caliper inch of
deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For
each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall
be replanted.
J. Buffer Areas/Common Lots:
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of way
line of the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway(measured at the centerline)to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
b. Any road designated as a minor arterial on the master street map typologies map in
the Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred(100) linear feet of right of way:
five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees,
and twenty four(24)shrubs.Each required shade tree may be substituted with two(2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
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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.
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.
2. In all required applications, excluding residential developments, one street tree,
selected from the approved tree list in subsection Q of this section, shall be planted per
thirty five(35)linear feet of street frontage.
3. Within residential developments one shade class (class II) tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all
streets within the eight foot (8') wide landscape strip between the sidewalk and the
curb. Trees shall be planted at the front of each lot generally located on each side lot
line corner with the distance between trees to be a minimum of thirty five feet(35')and
a maximum of eighty feet(80')of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
1. In any front yard area,no fence or wall shall be permitted which materially impedes vision
across such yard above the height of two and one-half feet (21/2') measured from the
centerline grade of the adjacent street. Picket style fences where fifty percent(50%)of the
fence remains open may be permitted up to four feet (4') in height. Chainlink fencing is
prohibited in any front yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the
transportation and pathway network plan in the Eagle comprehensive plan,and on the street
side of all corner lots, shall be an open fencing style such as wrought iron or other similar
see through,decorative,durable fencing material,except as otherwise may be permitted in
subsection 8-2A-7J of this title.
3. Chainlink fencing is prohibited in the R(Residential)Zoning District.
4. A permit is required prior to the construction of a fence in any front yard area and along
any street within the City subject to the application requirements established in section 8-
7-2 of this title.
• Eagle City Code Section 8-6-1: Planned Unit Developments: Purpose,Goals, and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that provide exemplary
open spaces and recreational opportunities, that encourage a diversification of housing
types,styles and living options for a wide range of income levels and lifestyles,and thereby
enhance the living experience within the city of Eagle.
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B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing,open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit
development(PUD)to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and
building types, lot dimensions,yards,building setbacks and area requirements;
2. A more useful pattern of open space and recreation areas and, if permitted as part of
the project,more convenience in the location of accessory commercial uses,office uses
and services;
3. A development pattern which preserves and utilizes natural topography and geologic
features,scenic vistas,trees and other vegetation,and prevents the disruption of natural
drainage patterns;
4. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density,
transportation and community facilities as presented in the comprehensive plan.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title,except that a decrease in the minimum lot size may
be allowed if there is an"offsetting increase"of the same square footage in open space and
a favorable finding is made by the council that the smaller lots are appropriately integrated
into the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision,the initial starting point for
minimum open space,prior to any"offsetting increase"being added, shall be the area that
is equal to ten percent(10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent
(20%),inclusive of the "offsetting increase" square footage.
2. A favorable fording by the council must be obtained assuring that character, identity
and architectural and siting variation are incorporated into the development and that
these factors make up a substantial contribution to the objectives of the PUD. These
design elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
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3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit,conditions may be
attached to said permit including,but not limited to,those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
• Eagle City Code Section 8-7-5(D): General Procedure for Amendments: Zoning districts shall be
amended in the following manner:
4. If the request is not in accordance with the Comprehensive Plan,the request shall be submitted
to the planning or planning and zoning commission, or in its absence, the council, which shall
recommend, and the council may adopt or reject an amendment to the comprehensive plan,under
the notice and hearing procedures in section 67-6509, Idaho Code. After the comprehensive plan
has been amended,this title may then be amended as hereinafter provided for.
E. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-2-3(E): Preliminary Plat:
E. Approval Period:
1. The preliminary plat shall be null and void if a final plat application is not received by the
city and deemed complete by the Zoning Administrator within two years from the
approval date of the city council findings of fact and conclusions of law for the preliminary
plat.
If an application for extension of time is received by the city prior to the expiration date
of the preliminary plat a maximum twelve (12) month extension of the time limit on the
approved preliminary plat may be granted by the city council,at its sole discretion, if the
following findings are made:
a. There are no outstanding city code or plat approval violations on the subject property.
If such violations exist, they may be conditioned by the city council to be cured as a
condition of the extension of time;
b. The preliminary plat,as previously approved,remains in the best interests of the health,
safety, and general welfare of the city;
c. There have been no significant changes to this code between the date of preliminary
plat approval and the application date of the time extension request that would require
substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on
the project site;
e. The public facilities and services required for the project remain adequate;
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f. The applicant has provided a viable and acceptable plan which demonstrates that the
final plat application will be filed within the year; and
g. The applicant has provided a schedule that depicts the anticipated timing for the filing
of the final plat application within the year.
2. The city council reserves the right to revoke the extension of time approval if it finds that
any of the criteria herein are not met.
3. This section does not limit the number of extensions the city council may grant to an
applicant so long as the criteria set forth in subsection El of this section are met.Nothing
in this section requires the city council to grant any extension of an approval period.Upon
filing an extension of time application, the timing for expiration of the preliminary plat
shall be tolled until final action on the application has been made by the City Council.
4. Projects with approved phasing plans do not need time extensions, so long as the
construction of improvements do not cease for more than one year in any given phase.
5. In the event that the development of the preliminary plat is made in successive,contiguous
segments through an approved phasing plan in an orderly and reasonable manner, and
conforms to such segments, if submitted within successive intervals for one year, it may
be considered for final approval without resubmission for preliminary plat approval.
• Eagle City Code Section 9-2-4: Final Plat:
E. Approval Period: The final plat shall be filed with the county recorder within one year after the
date of written approval by the city council. Otherwise such approval shall become null and
void unless the subdivider, prior to said expiration date, applies for an extension of time and
such extension is granted by the city council.
1. A maximum twelve(12)month extension of the time limit of the approved final plat may
be granted by the city council, at its sole discretion, if the following findings are made:
a. There are no outstanding city code or plat approval violations on the subject property.
If such violations exist,they may be conditioned by the city council to be cured as a
condition of the extension of time;
b. The final.plat, as previously approved, remains in the best interests of the health,
safety,and general welfare of the city;
c. There have been no significant changes to this code between the date of final plat
approval and the application date of the time extension request that would require
substantial modifications to the project;
d. There are no hazardous conditions which have developed or have been discovered on
the project site;
e. The public facilities and services required for the project remain adequate;
f. The applicant has provided a viable and acceptable plan which demonstrates how
recordation of the final plat will occur within the year; and
g. The applicant has provided a schedule that depicts the anticipated progress for
completion of the final plat within the year.
2. The city council reserves the right to revoke the extension of time approval if it finds that
any of the criteria herein are not met.
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3. This section does not limit the number of extensions the city council may grant to an
applicant so long as the criteria set forth in subsection El of this section are met.Nothing
in this section requires the city council to grant any extension of an approval period.
• Eagle City Code Section 9-3-2-5: Private Streets and Private Alleys:
Private streets and private alleys may be permitted, in the discretion of the council, subject to the
following:
A. Compliance: The council must find that any proposed private streets or private alleys are in
compliance with each of the following criteria:
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.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
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.
7. The use or alignment of the private streets or alleys do not interfere with the continuity of
public streets.
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.
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.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
1. All private street and private alley construction shall be in accordance with Ada County
highway district's structural standards for streets and alleys 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 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 and private alleys 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 and private alleys shall contain paved travel lanes a minimum of ten feet
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(10') in width and shall provide for the safe, convenient, and effective movement of both
vehicular and pedestrian traffic for private streets and vehicle traffic for private alleys.
Vertical curbing shall be provided for private streets that are less than thirty-four feet(34')
in total width. Alleys must utilize other curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.However,
alternative sidewalk and landscape strip designs may be approved by the City Council
based upon a finding made by the Council that characteristics and qualities of the
development justify the alternate design. Sidewalks and planter strips,as referenced within
subsection 9-4-1-6F of this title, shall not be required along alleys.
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 and private alleys 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 dead-end private streets and private alleys shall terminate 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. •
d. Private streets and private alleys not exceeding 150-feet may terminate with no turn-
around if approved by the Eagle Fire District.
7. The design of all private streets and private alleys 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.
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C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and private
alley 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 private streets and private alleys 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
streets or private alleys 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 streets or private
alleys 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 streets or private alleys
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 streets or private alleys in accordance
with the approved plan as provided for in subsection C 1 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 streets or private alleys 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 and private alleys 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 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.
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• Eagle City Code Section 9-3-9: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of
this code.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits shall be required to install,at the subdividers'expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator,the subdivider(and subsequent homeowners' association) shall assume ownership
of the streetlights and shall pay the cost of maintenance and power in perpetuity. (Ord. 566, 5-15-
2007; amd. Ord. 820, 12-10-2019)
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,and
to provide safe,convenient and aesthetic alternative travel routes to common destinations such
as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the comprehensive plan and trails and pathways master plan
pathway design as it relates to both crime prevention and function, and the responsibilities of
ownership,maintenance,and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways master
plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
g. Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s)to the above noted
sites; and
h. In similar cases where deemed appropriate.
2. In addition,pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half(1/2)mile alongside a local or collector roadway in order to reach the desired
destination.
• Eagle City Code Section 9-4-1-8: UNDERGROUND UTILITIES:
Underground utilities are required. (Ord. 566, 5-15-2007)
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• Eagle City Code Section 9-5-4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the City may permit a variety in type,design,
and arrangement of structures; and enable the coordination of project characteristics with features
of a particular site in a manner consistent with the public health,safety and welfare.A planned unit
development allows for innovations and special features in site development,including the location
of structures, conservation of natural land features,conservation of energy and efficient utilization
of open space. Large scale developments as defined herein shall be submitted as planned unit
developments.
• Eagle City Code Section 9-5-8: Subdivision within an Area of Critical Concern:
B. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as
areas of critical concern by the city council or by the state of Idaho. Special consideration shall
be given to any proposed development within an area of critical concern to assure that the
development is necessary and desirable and in the public interest in view of the existing unique
conditions. Hazardous or unique areas that may be designated as areas of critical concern are
as follows:
1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Floodplain;
8. Center city;
9. Areas within the area of city impact 1 ,but outside city boundaries; and
10. Other areas of critical concern.
B. Environmental Assessment Plan: The developer shall prepare and submit an environmental
assessment along with the preliminary plat application for any development that is proposed
within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary team of
professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the proposed
development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the environment
including, but not limited to, animal life, plant life, social concerns, economic, noise,
visual, available farmland and other items.
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C. Areas Of Critical Concern: The following areas are specifically identified as areas of critical
concern:
1. Boise River Floodplain: The Boise River floodplain and certain intervening and
immediately adjacent areas are designated as areas of critical concern due to their
ecological and scenic significance. This area comprises the two (2) channels of the Boise
River and intervening and immediately adjacent areas, as depicted on the land use
designation map of the most recently adopted comprehensive plan, as a "special area",
including that portion in the Eagle impact area.
F. TITLE 11B AVIMOR DEVELOPMENT CODE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
• Eagle City Code Section 11B-3-5: Avimor Design Guidelines:
The purpose of the Avimor Design Guidelines(ADG)book is to show,through the use of figures,
photographs,and text,specific period architectural styles,themes,and elements envisioned through
the requirements of this Chapter. The ADG book, established through a resolution of the City
Council, contains many of the exhibits referenced in this Chapter and is incorporated herein by
reference. The architecture styles found in the ADG book are permitted architecture styles. All
applications made pursuant to this Chapter shall be reviewed in accordance with the ADG and this
Chapter. If any provision of the ADG book is found to be in conflict with any other provision of
this Chapter,the provision established in this Chapter shall prevail. (Ord. 895,4-25-2023)
• Eagle City Code Section 11B-3-6: Design Requirements, Objectives and Considerations:
A. General Objectives And Considerations: The following, including the provisions set forth in
this Chapter contain a listing of objectives applied to each application, and a listing of matters
that shall be considered by the Design Review Board.The objectives are separated into two(2)
sections: site design and building design. Specific aspects of design should be examined to
determine whether the proposed development will provide a desirable environment for its
occupants as well as for its neighbors, and whether, aesthetically, the composition, materials,
textures and colors meet the intent of this Chapter. The Design Review Board shall consider
the following criteria in reviewing the application:
1. Site Design Objectives
2. Site Landscaping
3. Site Grading and Drainage
4. Signage
5. Utilities
6. Building Design
B. Architectural Requirements, Building Materials, Colors, Exterior Areas And Building
Height/Mass Limitation: Unless specified as prohibited herein,materials listed in this Chapter
are allowed.If a material proposed for construction is not listed in this Chapter it shall be upon
the discretion of the Avimor Design Review Committee,the Administrator,the Design Review
Board, and the City Council, whichever the case may be, to determine the appropriateness of
such material.
7. Exterior Wall and Soffit
8. Roofs
9. Colors
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• Eagle City Code Section 11B-3-7: Landscape and Buffer Area Requirements:
A. Overview and Intent: The built landscape within Avimor will embrace the surrounding natural
landscape as the foundation for design. Preservation and integration of native vegetation and
materials is critical to preserving a sense of place. It also provides an opportunity to enhance
habitat and to create a seamless transition to the more urban environments which bind the
development together. This transition will occur in accordance with the following practices:
1. Preserve native vegetation and plants in all undisturbed areas;
2. Plant selection shall be from the preferred plant list, see Section 11B-3-7(W) of this
Chapter, appropriate to varied site locations and land uses;
3. When adjacent to undisturbed natural features, blend structures with the existing terrain
through landscape design and selection of plant material;
4. Use plant materials to reduce Building scale and mass to help integrate the structure into
its surroundings;
5. Protect areas disturbed by construction from erosion by revegetation as soon as possible
after completion of such activity as seasonal conditions allow;
6. Climate conditions and Building orientation shall guide the type and location of trees and
shrubbery;
7. Water conservation and sustainability shall guide plant location and groupings, and
mulching shall be encouraged to preserve moisture in planting beds;
8. Mixed Use/Commercial planting may include deciduous trees of a minimum of a two(2")
inch caliper in size and character to provide shading for pedestrians, roadways, and
Buildings during the summer, and conversely, to enable solar gain during winter months;
9. Windbreaks and buffering of noise and light will be considered in the design and placement
of trees and shrubbery;
10. Except for fire-defensible areas,undeveloped land and undisturbed Lot Areas shall not be
irrigated or landscaped, other than for enhancement or restoration of drought resistant
plants and grasses; and
11. Where appropriate,new landscaping should be less or nonpalatable to wildlife as outlined
in Section 11B 3-7 W,Plant Section Guide.
B. Landscape as Percent of Site
C. Retention, Removal and Replacement of Trees
D. Prohibited Materials and Landscaping
E. Installation and Minimum Standards
F. Maintenance
G. Completion Time
H. Irrigation Required
I. Buffer Areas/Common Lots
J. General Landscaping Guidelines
K. Landscaping Materials
L. Streetscapes
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a. The landscape buffer for Foothills Principal Arterials shall be twenty feet(20') minimum
except adjacent to single family residential uses where it shall be thirty feet(30')minimum.
See Exhibit 3.3 and 3.4 for example;
b. The landscape buffer for Foothills Minor Arterials shall be ten feet(10') minimum except
adjacent to single family residential uses where it shall be fifteen feet(15')minimum. See
Exhibit 3.3 and 3.4 for example;
c. A detached sidewalk shall be provided on both sides of the street at least eight feet (8')
from the back of curb.The sidewalk shall be a minimum of eight feet(8')wide and may or
may not meander depending on the Streetscape approved by the City with the preliminary
plat. Sidewalks may be attached to the curb in front of bus pullouts but shall be six feet(6')
minimum width in such locations. An eight-foot (8') wide multi-use pathway on one side
of the road, in lieu of sidewalks,may be implemented;
d. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape. These
areas shall be reseeded back to their natural state; and
e. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along arterial streets:
(1) One (1) tree per eighty (80) linear feet of street frontage on each side of the street
except next to single-family residential uses where there shall be one(1)tree per sixty(60)
linear feet
(2) One (1) shrub/ground cover per one hundred (100) s.f. of buffer area (excluding
sidewalks, drives and other Hardscape areas). Turf may be used in place of shrubs/ground
covers, but the amount used shall not exceed twenty-five percent (25%) of the landscape
area on a plat by plat or phase by phase basis.
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FOOTHILLS PRINCIPAL ARTERIAL STREETS
Page 41 of 75
K:\Planning Dept\Eagle Applications\Subdivisions\Sagehill\03-Working Files\04-City Council\Sagehill Subdivison-Findings CC.docx
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M. Wildlife Crossings
N. Wetland/Riparian Areas
O. Slope Revegetation and Naturalized Areas
R. Wildfire Protection
V. Grading and Drainage
W. Plant Selection Guide
• Eagle City Code Section 11B-3-9: Lighting:
• Eagle City Code Section 11B-11C-2-1: Location and Design:
F. Cul-De-Sac Streets: Cul-De-Sac Streets shall not be more than three thousand feet(3,000')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 paved surface 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. All Cul-De-Sac Streets shall include
bulb-outs every seven hundred fifty feet(750')to allow for emergency vehicles to turn around.
No more than thirty (30) Lots, without Eagle Fire Departments written approval, shall be
located on any Cul-De-Sac Street between bulb-outs or beyond the final bulb-out.Exceptions
to the requirements set forth in this paragraph may be considered by the Council if approved
by the fire department and the Highway district having jurisdiction.
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G. DISCUSSION:
• There is an existing Water Service Agreement(Agreement for Service by and between Avimor
Development, LLC, Sage Investment Partners, LLC, and City of Eagle), recorded April, 13,
2022 [Ada County instrument number: 2022-036228] that establishes specific processes,
requirements, and understandings of how the subject property is to be provided with water
service. The subject property should be required to be developed pursuant to the terms
established within the Water Service Agreement.
• Owner shall comply with the terms and conditions of the Water Service Agreement for the
construction and dedication of the Project's Water System. Owner's obligation to construct
Water System improvements shall be carried out in phases as the development progresses and
such water system improvements are necessary. Following dedication of any water system
facilities, pursuant to this Agreement or the Water Service Agreement, City shall own and
maintain the dedicated Water System facilities.Master Developer may seek reimbursement for
eligible Water System costs pursuant to the Water Service Agreement.
• The Water Service Agreement (Agreement for Service by and between Avimor Development,
LLC,Sage Investment Partners,LLC,and City of Eagle),recorded April, 13,2022[Ada County
instrument number: 2022-036228] states within the"Terms of Agreement",Item#6,"The City
of Eagle agrees to provide municipal water to the area of service ... Prior to submittal of
development plans to the City of Eagle, Sage shall submit a supplemental Master Water Plan
detailing the project for review and approval by City of Eagle."The applicant has not submitted
a formalized supplemental Master Water Plan for the subject property to the City, for review
and approval. The Owner should be required to submit a Master Water Plan to the City for
review and approval prior to submitting to IDEQ for approval. The Owner should be required
to submit the Water Master Plan to the City for review and approval with the first final plat
application associated with the subject property.
• The water rights for the subject property were transferred to the City of Eagle upon execution
of the Water Service Agreement(Agreement for Service by and between Avimor Development,
LLC,Sage Investment Partners,LLC,and City of Eagle),recorded April, 13,2022[Ada County
instrument number: 2022-036228], states that the Owner has surrendered their existing water
rights for the subject property to the City of Eagle.In exchange,the City,by means of the water
system built by Avimor Development and subsequently transferred to the City of Eagle, will
allocate 250 EDUs (Equivalent Dwelling Units) of water (200 EDUs for domestic water and
lot irrigation and 50 EDUs for development irrigation purposes)to the Sagehill development.
This provision allows the Sagehill development the ability to connect to the "City of Eagle —
Avimor" water system for the purposes of providing domestic and irrigation water. The
allocation of the 250 EDUs is to be authorized by the City Council of the City of Eagle, but
Avimor Development has provided a letter stating their acknowledgement of the allocation of
250 EDUs and that the allocation of EDUs will contribute to the declining balance of EDUs
for the Avimor and Sagehill projects of 1,572 EDUs. The 250 EDUs should remain in place
until Sagehill is able to utilize them,leaving Avimor Development with a total of 1,322 EDUs
for their use. If the Eagle City Council chooses to approve this request, the Sagehill property
should be allocated 250 Equivalent Dwelling Units (EDUs) of water(200 EDUs for domestic
water and lot irrigation and 50 EDUs for development-specific (common area) irrigation
purposes),to be utilized by the subject property.
• The applicant has requested that the irrigation water for all irrigated common areas and
individual lots be provided by the City of Eagle's potable water system and it is possible that
the irrigation system be converted to a reclaimed system when reclaimed water becomes
available to the property by the Avimor Water Reclamation Company (AWRC). The
applicant's pressurized irrigation plan,submitted by the applicant and date stamped by the City
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on August 8, 2025, delineates the maximum area of irrigatable area within each residential lot
(inclusive of grass (spray/rotor style irrigation) or shrub area (drip irrigation). The maximum
allowable irrigatable area,when potable water is to be utilized for irrigation water,for each lot
should be limited pursuant to the following:
• Lots 2-16, Block 1: 2,500 square feet,max.
• Lots 18-20,Block 1: 2,500 square feet,max.
• Lots 2-22,Block 2: 2,500 square feet,max.
• Lots 25-52, Block 2: 2,500 square feet,max.
• Lots 2-40, Block 3: 2,500 square feet,max.
• Lots 2-10, Block 4: 2-10 2,500 square feet,max.
• Lots 2-8,Block 5: 2,500 square feet,max.
• Lots 9-37,Block 5: 3,500 square feet,max.
• Lots 2-9, Block 6: 2,500 square feet,max.
• Lots 11-18, Block 6: 2,500 square feet, max.
• Lots 2-10, Block 7: 3,500 square feet,max.
• Lots 2-11, Block 8: 2,500 square feet,max.
• Lots 12-25, Block 8: 3,500 square feet,max.
The Owner should be required to include a provision within the CC&Rs specifying the
maximum allowable irrigatable area for each lot,including an irrigation schedule and irrigation
run time allowances that reflect the pressurized irrigation report. The applicant should also be
required to include a table on the face of the final plat that includes the lot specific maximum
irrigatable area.
o The subject property should be permitted to utilize City of Eagle water for the purposes of
irrigation for all irrigatable common areas and buildable residential lots until such a time
that reclaimed water become available to the perimeter of the property. At that time, the
applicant should be required to convert all irrigation water systems to utilize reclaimed
water. The Owner should be required to submit a letter from AWRC at the time of the
submittal of the first final application that states the availability or anticipated timing of
availability of reclaimed water to the property.
o If the City of Eagle potable water system is approved as a means of providing irrigation
water, backflow preventers should be required to be installed to inhibit possibly
contaminated irrigation water from re-entering the potable water system. There should be
a limited number of backflow preventers (not one backflow preventer per lot) and they
should be required to be inspected by an authorized third-party inspector (managed and
paid for by the HOA)on an annual basis and a report submitted to the City of Eagle Water
Department substantiating compliance.
• On March 25, 2025, Eagle City Council adopted a water rate structure for the two(2) existing
foothills developments (Valnova (fka Spring Valley) and Avimor developments) [Resolution
25-04]. The resolution amended the fee and deposit schedules for the City Water Department
to establish new fees charged for services. The applicant has requested that the City adopt the
same water rate structure($39.45 Base Monthly Fee per EDU; $8.34 Replacement Reserve Fee
per EDU). for the Sagehill Development. Pursuant to the timing established by the City
Council, staff will assist in preparing a subsequent public hearing and resolution to bring back
to City Council for authorization.
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• The applicant should be required to add a plat note to both the preliminary plat and final plat
which states,"Direct lot access from East Aerie Way is prohibited unless approved by the Ada
County Highway District and the City of Eagle."
• Sheet 2.0 of 18 "Roadway Cross Sections"of the submitted preliminary plat, does not include
a private street section for the private cul-de-sac streets. The applicant should be required to
submit a revised preliminary plat that includes a private street section showing the sidewalk(s)
located within the common lot and not within the buildable lots. The revised preliminary plat
should be submitted prior to the submittal of a final plat application.
• The preliminary plat, date stamped by the City on August 8, 2025, delineates the intended
ownership(public vs.private of each proposed street within the Sagehill Subdivision,however,
the preliminary plat does not show that the proposed streets are to be located within common
lots. Eagle City Code requires that private streets be placed within a common lot and that
ownership and maintenance of those common lots be a commitment of the HOA.The applicant
should be required to submit a revised preliminary plat and a final plat showing each private
street located within its own common lot at the time of the submittal of the final plat associated
with each phase of the development.
• The applicant should include an additional note on the face of the plat that states,"Each owner
within the subdivision that is to be served by the private streets is conveyed the perpetual right
of ingress and egress over the described private streets,that such perpetual easement shall run
with the land, and 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." The note should be included on the revised
preliminary plat prior to the submittal of the first final plat application and on each final plat at
the time of the submittal of a final plat application.
• The applicant should include an additional note on the face of the plat that states, "Lots _,
Blocks_are private streets which shall have a blanket public utility, drainage, and irrigation
easement. The residential lots located adjacent to Lots _, Blocks _ shall have a) non-
exclusive perpetual right of ingress and egress easement over said lot,b)the easement shall run
with the land, c) the homeowners association shall be responsible for the operation and
maintenance of the private street,and d)the restrictive covenant for operation and maintenance
of the private street cannot be dissolved or modified without the express consent of the City of
Eagle." The note should be included on the revised preliminary plat prior to the submittal of
the first final plat application and on each final plat at the time of the submittal of a final plat
application.
• The preliminary plat delineates the intended ownership (public vs. private) of each proposed
street within the Sagehill Subdivision. The report provided by ACHD, dated August 7, 2025,
states that the necessary information has not yet been provided to ACHD regarding the
feasibility of constructing public roadways within the site and that the topography, along with
the potential for collapsible soils and landslides that may impact the future roadways are
unknown for this development at this time. Until that information can be provided, ACHD is
not able to commit to the allowance of any streets to be dedicated as public right of way and
may require that some or all of the proposed streets be private streets.Eagle City Code Sections
9-3-2-5(C) (and 11B-11C-2-5) prohibit the connection of one public street to another public
street by means of a private street.As proposed,the preliminary plat provides public streets for
all streets that provide access to an adjacent parcel or to another street. The only streets
currently proposed to be private streets are the ten (10) cul-de-sac streets that provide no
connectivity to adjacent parcels or streets. The only streets that should be permitted to be
private are the following cul-de-sac streets:
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• North Prairie Ridge Place
• North Brush Basin Place
• North Basin View Place(west)
• North Basin View Place(east)
• West Granite Flats Court
• North Woodstar Place
• North Laurus Ridge Place
• East Currant Hills Court
• East Hillstar Court
• East Canyon View Court
If the Owner desires,or ACHD requires,that additional streets be private streets,the applicant
should be required to submit a revised preliminary development plan and preliminary plat to
the City of Eagle for approval.
• As proposed, the private streets provide access to 95 out of the proposed 200 residential lots
within the development (47.5%). Eagle City Code Section 9-3-2-5(A)(9) specifies that,
"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. Unless otherwise
approved by the Council, the applicant should submit a revised preliminary plat wherein the
private streets provide access to no more than 20(10%)residential lots.The revised preliminary
plat should be submitted prior to the submittal of the first final plat associated with the
development.
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• Through the conditional use permit, the applicant may request setbacks that differ from the
setbacks required in Eagle City Code Section 8-2-4. The applicant is seeking a zoning
designation of R-1-DA-P for the development but is requesting that the setbacks be permitted
to differ from the standard setbacks of the R-1 zone based on the lot size within the
development.
For reference,the lot regulations and development standards of the R-1 zoning are as follows:
Minimum Lot Size:
• 37,000-square feet
Minimum Setbacks:
• Front-Front Load Garage: 30-feet
• Front- Side Load Garage: 25-feet
• Front-Living: 25-feet
• Interior Side: 15-feet
• Street Side: 30-feet
• Rear: 30-feet
Maximum Height:
• 35-feet
Maximum Lot Coverage:
• 35%
Minimum Lot Width:
• 100-feet
If approved,the setbacks and lot regulations should be as follows:
Lots 37,000 Square Feet and Larger:
Minimum Lot Size:
• 37,000-square feet
Minimum Setbacks:
• Front-Front Load Garage: 30-feet
• Front- Side Load Garage: 25-feet
• Front-Front Living: 25-feet
• Interior Side: 10-feet(+5 feet per additional story)
• Street Side: 20-feet
• Rear: 20-feet
Maximum Height:
• 35-feet
Maximum Lot Coverage:
• 35%
Minimum Lot Width:
• 100-feet
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Lots 36,999 Square Feet and Smaller:
Minimum Lot Size:
• 15,000-square feet
Minimum Setbacks:
• Front-Front Load Garage: 30-feet
• Front-Side Load Garage: 25-feet
• Front-Living: 20-feet
• Interior Side: 10-feet(+5-feet per additional story)
• Street Side: 20-feet
• Rear: 20-feet
Maximum Height:
• 35-feet
Maximum Lot Coverage:
• 40%
Minimum Lot Width:
• 75-feet
All lots should be required to adhere to the minimum setbacks established above, unless the
approved Wildfire Safety Plan requires setbacks that would be more stringent, in which case
the setbacks required by the Wildfire Safety Plan would take precedence.
• The applicant is requesting a R-1-DA-P (Residential with a development agreement - PUD)
zoning designation. Pursuant to Eagle City Code Section 8-2-4, the minimum residential lot
size within the R-1 zone is 37,000 square feet. The applicant is proposing a minimum lot size
of 15,335 square feet. Pursuant to Eagle City Code Section 8-6-5-5(A), "a decrease in the
minimum lot size may be allowed if there is an"offsetting increase"of the same square footage
in open space and a favorable finding is made by the council that the smaller lots are
appropriately integrated into the overall design and that the building product type is compatible
with the PUD and surrounding area."
Additionally, Eagle City Code Section 8-6-5-5(A) states that the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent(10%)of the site. 10%of the proposed site is 73.60-acres.
Based on the number of lots below the minimum lot size required in the R-1 zone(57 residential
lots), 20.85-acres of offsetting increase in open space is required. The initial starting point
required for open space (73.60 acres) with the addition of the required offsetting increase
(20.85-acres)results in a sum of 94.45-acres,or 12.83%of the site.The applicant has proposed
478.13-acres of open space,or 64.96%of the site.Eagle City Code Section 8-6-5-5(A)(1)states
that"The total common area open space shall be equal to or greater than twenty percent(20%),
inclusive of the `offsetting increase' square footage."
Pursuant to Eagle City Code Section 8-6-5-5(A), a favorable finding must be made by the
council that the smaller lots are appropriately integrated into the overall design and that the
building product type is compatible with the PUD and surrounding area.
• All development within the Sagehill Subdivision should be required to comply with the
Wildfire Safety Plan, dated June 2025 (Exhibit F).
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• The applicant has submitted a development-specific Wildfire Safety Plan,date stamped by the
City on June 13,2025,which was prepared by a certified wildland fire specialist. The plan has
been reviewed and approved by Eagle Fire District. In order to ensure compliance with the
Wildfire Safety Plan, the applicant should be required to develop a wildland-urban interface
checklist to be utilized by all builders(commercial [required improvement of the subdivision]
and residential development) and submitted to the City at the time of the submittal of each
building permit associated with the subject property.
• All grading within the Sagehill Subdivision should be required to comply with the Grading
Guidelines and Hillside Development, dated July 17,2025 (Exhibit G).
• All buildable lots are anticipated to be graded to a "finish grade condition" through the mass
grading process. The City anticipates no additional individual lot grading (beyond 8-feet of
elevation change that the drainage patterns are not altered from what was approved in the mass
grading permit). All lots that are left in a"native"hillside condition or are proposed to be re-
graded beyond the 8-feet in elevation change from the mass graded condition should require
the submittal of an individual lot grading and drainage application for approval by the City at
the time of the submittal of the corresponding building permit application submittal. All
residential lots that require an additional grading and drainage application should be noted on
the final plat with a plat note that states, "Lot X, Block X are hereby notified that any
modification(s)to the slopes will be required to be permitted under the City of Eagle Hillside
Ordinance. The owners of these lots shall continuously maintain and repair all graded surfaces
and erosion prevention devices, retaining walls, drainage structures or means, and other
protective devices, plantings, and groundcover installed or completed. See slope stabilization
and re-vegetation plan within the Sagehill CC&Rs."
• Eagle City Code Section 9-2-3(E)(1) states, "The preliminary plat shall be null and void if a
final plat application is not received by the city and deemed complete by the Zoning
Administrator within two years from the approval date of the city council findings of fact and
conclusions of law for the preliminary plat." The applicant is requesting that the preliminary
plat remain active for six (6) years until it is deemed expired if no final plat application is
submitted.The proposed timeline may create a preliminary plat approval by the City that does
not meet future standards at the time that development. If approved by the City Council, the
preliminary plat should remain active and should not expire for six(6)years from the approval
date of the city council findings of fact and conclusions of law for the preliminary plat.
• Eagle City Code Section 9-2-4(E) states, in part, "The final plat shall be filed with the county
recorder within one year after the date of written approval by the city council. Otherwise, such
approval shall become null and void unless the subdivider,prior to said expiration date,applies
for an extension of time and such extension is granted by the city council." The applicant is
requesting that each final plat remain active for two (2) years until it is deemed expired. If
approved by the City Council, the final plats should remain active and should not expire for
two(2)years from the date of written approval by the city council.
• Given the applicant's request to extend the initial preliminary plat approval time frame from
two (2) years to six (6) years, the termination date within the development agreement should
contemplate an adjusted time frame to extend the to the termination date of the development
agreement associated with the property to align with the anticipated timing of development
commencing. If City Council approves the requested six(6)year preliminary plat date prior to
the plat expiring or requiring an extension of time, the termination clause within the
development agreement should be, "If the Property has not commenced development as
conditioned herein,this agreement shall terminate 8-years after the Effective Date."
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• The Phasing Plan(Exhibit E)represents the Owner's current anticipated phasing plan for the
project. As development begins, the City understands and agrees that certain changes in the
phasing plan may occur as final plats are submitted to the City for approval. Phasing plans
should be required to be submitted with each final plat application that is submitted to the City.
• East Aerie Lane is designated as a minor arterial on the ACHD Master Street Map. Eagle City
Code 8-2A-7(J)(4)(b) states and any road designated as a minor arterial on the master street
map should have a,"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." The applicant has requested that the required landscape buffer width be
reduced from 50-feet to 30-feet, to be consistent with the approvals granted to Avimor
Development, which abuts the subject property at both terminus points of the proposed Aerie
Lane.Additionally,the applicant is requesting that the required landscape improvements within
the 30-foot(30'W) wide buffer area be pursuant to the requirements of Eagle City Code 11B-
3-7(1)(e). Unless otherwise approved by the City Council, the landscape buffer width,where
residential lots abut East Aerie Lane,should be required to be increased from 30-feet to 50-feet
in width.
• For consistency with the adjacent Avimor Development, future design review applications for
the Sagehill Development should be designed and reviewed for compliance with the following
sections of the Eagle City Code:
Avimor Development Code:
o 11B-3-6(A): General Objectives and Considerations
o 11B-3-6-7(B)(7): Exterior Wall and Soffit
o 11B-3-6-7(B)(8): Roofs
o 11B-3-6-7(B)(9): Colors
o 11B-3-6-7(B)(10)(c): Fences,Decorative Wall, Screening Elements
o 11B-3-7: Landscape and Buffer Requirements
o 11B-3-9: Lighting
The applicant should specify within a written narrative submitted with each design review
application that is submitted for this development stating how these sections of code were
complied with,when applicable.
• Similar to the item above, the Owner has also requested that they be approved to utilize the
same surety process,including the provision to submit surety bonds in addition to the typically
required cash surety or letter of credit,that Eagle City Code Title 9 permits.With City Council
approval,the applicant should be permitted to submit sureties consistent with Eagle City Code
Title 11B-11D-15.
• Eagle City Code Section 9-3-2-1(G)(2) allows for cul-de-sac street lengths in zoning districts
with density that is less than one dwelling unit per two acres to be a maximum of 1,500-feet in
length,with approval by the City and the Eagle Fire District.The preliminary plat,as proposed,
includes two(2)private cul-de-sac streets(of the 10 total proposed)that exceed the maximum
allowable cul-de-sac street length of 1,500-feet. The applicant has requested a waiver of this
code requirement so that the development can be consistent with the allowable cul-de-sac street
length within the adjacent Avimor development, which permits cul-de-sac streets to a
maximum of 3,000-feet in length, so long as the cul-de-sac streets have bulb out that allow for
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T
emergency vehicle turnarounds every 750-feet, pursuant to Eagle City Code 11 B-11 C-2.
Unless approved by the Eagle City Council,the applicant should be required to submit a revised
preliminary plat with cul-de-sac streets less than 750-feet in length or, if approved to be a
maximum of 3,000-feet in length, to contain bulb-outs every 750-feet on center to allow for
emergency vehicle turnaround. The applicant should be required to submit a revised
preliminary plat containing the approved cul-de-sac street design prior to the submittal of a
design review application.
• The submitted preliminary plat and phasing exhibit show a variety of community amenities
within common lots. Owner should be required to construct the following amenities with the
associated subdivision phase:
o Lot 38,Block 5 -Gazebo(Phase 1)
o Lot 1,Block 8—Gazebo(Phase 2)
o Lot 1,Block 5 -Pond,three(3)pickleball courts,picnic shelter, &playground(Phase 2)
o Lot 24, Block 2—Dog Area
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
20,2025,at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual who indicated the following:
• As Avimor planned and developed the central water system that services portions of the Avimor
development, the developer of the Sagehill Subdivision property was consistently assistive in
establishing the terms of the water agreement and in allowing Avimor to build required water
improvements through the necessary easements across the Sagehill property.
• It would be favorable to allow the developer of the Sagehill Subdivision to utilize portions of the
City code that is used by the Avimor Development(Title 11B)so that the visual aesthetic,firewise
standards, and irrigation regulations of the subject property will be consistent with Avimor since
Avimor will develop property on three sides of the Sagehill property.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 00:56:45): https://eagle-id.granicus.com/player/clip/2150?meta_id=113708
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 3 to 0 (Smith absent; McCauley recused) to recommend approval of A-2025-
04/RZDA-2025-05 for a rezone from RR (Rural Residential —Ada County Designation) and RP (Rural
Preservation—Ada County Designation) to R-1-DA-P (Residential with a development agreement-PUD)
for Sage Investment Partners with conditions of development to be placed within a Development
Agreement,as provided within their findings of fact and conclusions of law document, dated November 3,
2025.
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COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith absent; McCauley recused) to recommend approval of CUP-2025-
03/PPUD-2025-03/PP-2025-04 for a conditional use permit, preliminary development plan, and
preliminary plat for Sagehill Subdivision with the site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document, dated
November 3,2025.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 25,2025,at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the City Council by four (4) individuals
who indicated the following:
• The property owners and development team have been very transparent and assistive throughout
their application process.
• The design of the subdivision is thoughtful and the property owners have been mindful of designing
the property in consideration of the adjacent property owners, including future street access,
utilities,and residential lot layout.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-2025-04/RZDA-2025-05 for a rezone from RR(Rural Residential
— Ada County Designation) and RP (Rural Preservation — Ada County Designation) to R-1-DA-P
(Residential with a development agreement-PUD) for Sage Investment Partners with the following
Planning and Zoning Commission's recommended conditions of development to be placed within a
Development Agreement:
3.1 The maximum density for the Property shall be 0.27 dwelling units per acre (200 single-family
attached dwellings).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review,design review,preliminary and final plat reviews,and/or any conditional
use permits,if applicable,and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
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3.4 The conditions, covenants and restrictions (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 watering, mowing, pruning, fertilizing, and caring for grass, shrubs, and trees in
perpetuity.
(c) A maintenance manual for the private streets, requiring the association to have the duty to
maintain and operate the private including the repair and replacement of asphalt and sidewalks,
provisions for snow removal from the road, and the planting and maintenance of the landscape
planter islands within the cul-de-sac streets, in perpetuity.
(d) 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.Fencing
shall be wildlife friendly (made of highly visible material (e.g. wood or metal), fence bottoms
shall be in contact with the ground, and top rails shall be free of extruding objects). All other
fencing(i.e. cedar fencing,vinyl, chainlink) shall be prohibited.
(e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required 25-foot-wide setback or riparian zone be maintained.
(f) A provision for the establishment and funding of a Conservation and Education Program(CEP)
Funding Plan associated with Sagehill Subdivision. The CEP Funding Plan shall be executed by
the Owner and City prior to the City Clerk signing the final first plat.
(g) A provision that establishes the maximum allowable square footage of irrigatable area per lot and
a schedule that specifies the availability of water and the permissible irrigation schedule
(including number of days allowed and length of irrigation run time) for each lot with irrigation
water.
(h) A maintenance and repair manual for individual lot slope stabilization and revegetation plans that
reflect the requirements of the approved Hillside and Grading Standards, that specify
maintenance responsibilities and provide a schedule for said maintenance.
(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.
3.5 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property
and any such change shall be contingent upon approval by the Army Corps of Engineers,Idaho Fish
& Game (if applicable), the Idaho Department of Water Resources (if applicable), and any other
appropriate government agencies,and shall be in accordance with the Eagle Comprehensive Plan and
City Code. Owner agrees all development and improvement of the Property shall comply with rules
and regulations pertaining to regulated wetlands prior to submittal of the final development plan/final
plat application.
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3.6 Owner shall provide proof of central sewer service to the proposed residential lots prior to the City
Clerk signing the final plat.
3.7 A letter of approval shall be provided to the City from the Avimor Water Reclamation Company
indicating that the property has been annexed into the Avimor Water Reclamation Company's service
boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable
regulations and conditions of the Avimor Water Reclamation Company prior to the City Clerk signing
the final plat.
3.8 Owner shall develop the subject property pursuant to the terms established within the Sage Water
Service Agreement, (Agreement for Service by and between Avimor Development, LLC, Sage
Investment Partners, LLC, and City of Eagle), recorded April 13, 2022 [Ada County instrument
number: 2022-036228].
3.9 Owner shall submit a Master Water Plan to the City for review and approval prior to submittal to
IDEQ for approval. Owner shall be required to submit the Master Water Plan to the City for review
and approval with the first final plat application associated with the subject property.
3.10 Owner shall submit a letter from the Avimor Water Reclamation Company that states the current
availability or anticipated timing of availability of reclaimed water to the property for the purpose of
providing reclaimed irrigation water to the property at the time of the submittal of the first final plat
application.
3.11 If reclaimed water for the purpose of providing irrigation water to the property is not available at the
time that development commences, Owner shall install a dual-system that allows for the immediate
use of potable water for irrigation purposes but allows for the future conversion to reclaimed water.
Owner shall install a minimum of one (1) water meter and one (1) City backflow preventer within
each pressure zone, as approved by the City. Individual backflow preventers per buildable lot shall
not be permitted.
3.12 Owner shall be required to connect to the reclaimed water system and utilize reclaimed water for
irrigation purposes when it becomes available to the property. At that time, the Owner shall be
required to abandon the potable water irrigation system.
3.13 Owner shall have all backflow preventers inspected by an authorized third-party inspector(managed
and paid for by the HOA) on an annual basis,at a minimum. The inspection reports produced by the
inspector shall be submitted to the City of Eagle Water Department on an annual basis to substantiate
compliance.
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3.14 Owner shall include a note or table on each final plat that includes the maximum square footage of ,
irrigatable area to be irrigated by potable water for each residential lot as follows:
• Lots 2-16, Block 1: 2,500 square feet,max.
• Lots 18-20, Block 1: 2,500 square feet, max.
• Lots 2-22, Block 2: 2,500 square feet,max.
• Lots 25-52,Block 2: 2,500 square feet, max.
• Lots 2-40, Block 3: 2,500 square feet,max.
• Lots 2-10,Block 4: 2,500 square feet,max.
• Lots 2-8,Block 5: 2,500 square feet,max.
• Lots 9-37, Block 5: 3,500 square feet,max.
• Lots 2-9,Block 6: 2,500 square feet,max.
• Lots 11-18, Block 6: 2,500 square feet,max.
• Lots 2-10, Block 7: 3,500 square feet,max.
• Lots 2-11, Block 8: 2,500 square feet,max.
• Lots 12-25, Block 8: 3,500 square feet,max.
3.15 If the Eagle City Council approves this application, the Sagehill property shall be allocated 250
Equivalent Dwelling Units (EDUs) of water(200 EDUs for domestic water and lot irrigation and 50
EDUs for development-specific(common area)irrigation purposes),to be utilized within the subject
property. 250 EDUs shall be reserved for the Sagehill development.
3.16 The water usage rates and fees shall be established through a separate public hearing before the Eagle
City Council and adopted by Resolution prior to the beginning of development of the property.
3.17 The only streets permitted to be private are the following cul-de-sac streets:
• North Prairie Ridge Place
• North Brush Basin Place
• North Basin View Place(west)
• North Basin View Place(east)
• West Granite Flats Court
• North Woodstar Place
• North Laurus Ridge Place
• East Currant Hills Court
• East Hillstar Court
• East Canyon View Court
If the Owner desires, or ACHD requires that additional streets be developed as private streets, the
applicant shall submit a revised preliminary development plan and preliminary plat application to the
City of Eagle for approval.
3.18 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"D".
3.19 To assure compliance with condition 3.18 herein, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
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3.20 Each building permit application submitted to the City for any structure within the development shall
be accompanied by a written approval letter from the Architectural Control Committee.Applications
submitted without the required letter of approval shall be deemed incomplete and will not be accepted
for processing.
3.21 To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "D". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1.
3.22 The Phasing Plan (Exhibit E) represents the Owner's current anticipated plan for developing the
property.As development begins,the City understands and agrees that certain changes in the phasing
plan may occur as final plats are submitted to the City for approval. Phasing plans shall be required
to be submitted with each final plat application that is submitted to the City.
3.23 All development within the Sagehill Subdivision shall comply with the requirements of the approved
Wildfire Safety Plan(Exhibit F).
3.24 To ensure compliance with the Wildfire Safety Plan (Exhibit F), the applicant shall develop a
Wildland-Urban Interface checklist to be utilized by all builders (commercial [required
improvements of the subdivision] and residential development) and submitted to the City at the time
of the submittal of each building permit associated with the subject property.
3.25 All earthwork and site grading within the Sagehill Subdivision shall comply with the approved
Grading Guidelines and Hillside Development, dated July 17,2025 (Exhibit G).
3.26 Vegetation management and slope stabilization practices for the Sagehill Subdivision shall comply
with the Sagehill Vegetation Management Plan, dated July 24, 2025 (Exhibit H).
3.27 Future design review applications for the Sagehill Development shall be designed and reviewed for
compliance with the following sections of the Eagle City Code, where applicable:
Eagle City Code—Title 11B: Avimor Development Code:
• 11B-3-6(A): General Objectives and Considerations
• 11B-3-6-7(B)(7): Exterior Wall and Soffit
• 11B-3-6-7(B)(8): Roofs
• 11B-3-6-7(B)(9): Colors
• 11B-3-6-7(B)(10)(c): Fences, Decorative Wall, Screening Elements
• 11B-3-7: Landscape and Buffer Requirements
• 11 B-3-9: Lighting
Unless specified above, all other design review items will be reviewed for compliance with Eagle
City Code Title 8. The applicant shall specify within a written narrative submitted with each design
review application that is submitted for this development stating how these sections of code were
complied with,when applicable.
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3.28 Future development applications for the Sagehill Development shall be reviewed for compliance with
the following sections of the Eagle City Code,where applicable:
Eagle City Code—Title 11B: Avimor Development Code:
• 11 B-11 D-1: Improvements Required
• 11B-11D-2: Monuments
• 11 B-11 D-3: Streets and Alleys
• 11 B-11 D-4: Curb and Gutter
• 11B-11D-5: Street Signs
• 11 B-11 D-6: Streetlights
• 11B-11D-7: Pathway and Trail Regulations
• 11B-11D-8: Underground Utilities
• 11B-11D-9: Water Supply and Sewer Systems
• 11B-11D-10: Storm Drainage,Flood Controls
• 11B-11D-12: Landscape Buffer Areas
• 11B-11D-13: Construction of Improvements
• 11B-11D-14: Construction Plans
• 11 B-11 D-15: Guarantee of Improvements
Unless specified above, all other development specific items will be reviewed for compliance with
Eagle City Code Title 9. The applicant shall specify within a written narrative submitted with each
design review application that is submitted for this development stating how these sections of code
were complied with,when applicable.
3.29 Owner shall construct the following subdivision amenities (or submit a financial surety) with each
associated phase of development:
• Lot 38,Block 5 -Gazebo(Phase 1)
• Lot 1, Block 8—Gazebo(Phase 2)
• Lot 1, Block 5 — Intermittent Pond, three (3) pickleball courts, picnic shelter, & playground
(Phase 2)
• Lot 24,Block 2—Dog Run Area(Phase 4)
3.30 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify,at a minimum,species,size, and health of the
trees.The arborist report and map shall be provided with the submittal of a design review application.
Owner shall provide a narrative indicating which trees will be incorporated into the design of the
subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed
from the site prior to city approval of a tree removal plan.
3.31 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage,2)planting details within the proposed and required landscape islands and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or
similar amenities,6)all proposed fencing throughout the development,and 7)street lights.The design
review application shall be reviewed and approved by the Eagle Design Review Board and Eagle
City Council prior to the submittal of a final plat application.
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3.32 Owner shall provide and construct all pathways and associated easements as identified in the Parks,
Pathways, and Recreation Commission Action Letter, dated June 23, 2025 (Exhibit "I"). The
pathways shall be constructed in accordance with City of Eagle standards. In lieu of immediate
construction, the Owner may provide a surety in a form and amount determined in accordance with
Eagle City Code Section 9-4-2-2,to guarantee completion of the pathway(s)prior to the City Clerk's
signature on the final plat.
The specific location and design of all pathways shall be approved by the Design Review Board and
the City Council prior to the submittal of any final plat application. The instrument number(s)of the
recorded easement or easements shall be referenced on the face of the final plat.
3.33 Owner shall work with the City to establish a Conservation and Education Program(CEP) Funding
Plan associated with Sagehill Subdivision. The CEP Funding Plan shall be executed by the Owner
and City prior to the City Clerk signing the final plat.
3.34 Owner shall place a 4' x 8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CUP-2025-03/PPUD-2025-03/PP-2025-04 for a conditional use
permit, preliminary development plan, and preliminary plat for Sagehill Subdivision with the following
Planning and Zoning Commission recommended conditions with strike through text to be deleted by the
Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZDA-2025-05.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project,prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
4. If approved by the Eagle City Council, the preliminary plat shall not expire for six (6) years from the
approval date of the City Council Findings of Fact and Conclusions of Law for the preliminary plat.
5. If approved by the Eagle City Council,each final plat shall be granted a two(2)year time frame,starting
from the date of written approval by the City Council to the date that the final plat is recorded with Ada
County,until the plat is deemed expired.
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6. The minimum setbacks and lot regulations shall be as follows:
Lots 37,000 Square Feet and Larger:
Minimum Lot Size: 37,000-square feet
Minimum Setbacks:
Front- Front Load Garage: 30-feet
Front- Side Load Garage: 25-feet
Front- Living: 25-feet
Interior Side(Adjacent to Buildable Lot/ Irrigated Open Space): 10-feet(+5-feet per additional story)
Interior Side(Adjacent to Natural Open Space): 30-feet
Street Side: 20-feet
Rear: 30-feet
Maximum Height: 35-feet
Maximum Lot Coverage: 35%
Minimum Lot Width: 100-feet
Lots 36,999 Square Feet and Smaller:
Minimum Lot Size: 15,000-square feet
Minimum Setbacks:
Front-Front Load Garage: 30-feet
Front- Side Load Garage: 25-feet
Front- Living: 20-feet
Interior Side(Adjacent to Buildable Lot/Irrigated Open Space): 10-feet(+5-feet per additional story)
Interior Side(Adjacent to Natural Open Space): 30-feet
Street Side: 20-feet
Rear: 30-feet
Maximum Height: 35-feet
Maximum Lot Coverage: 35%*
Minimum Lot Width: 75-feet
*Lots beneath 20,000-square feet in size are permitted a maximum lot coverage of up to 40%.
All lots shall adhere to the minimum setbacks established above, unless the approved Wildfire Safety
Plan requires setbacks that would be more stringent,in which case the setbacks required by the Wildfire
Safety Plan would take precedence.
7. Unless approved by the Eagle City Council,the landscape buffer width shall be increased from 30 feet
to 50 feet in width where residential lots abut East Aerie Lane.The applicant shall be required to submit
a re v ised preliminary plat showing the buff r width as 50 feet,where required,prior to the submittal of
tiro first fnal plat, rated with the development
$. Unless approved by the Eagle City Council,the applicant shall submit a revised preliminary plat with
„I de streets redesigned t„ l,e less than 750 f of in len,,+h
9. If approved by the Eagle City Council, cul-de-sac streets shall be permissible to be up to 3,000-feet in
length but shall contain bulb-outs every 750-feet on center to allow for emergency vehicle turnaround.
The applicant shall submit a revised preliminary that includes bulb-outs every 750-feet on center prior
to the submittal of a design review application.
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10. If the Eagle City Council approves cul-de-sac streets more than 750-feet in length, the applicant shall
submit evidence of fire department approval for cul-de-sac streets that exceed 750-feet in length.
11. All buildable lots that are left in a"native"hillside condition upon the completion of the mass grading
work done to the property or are proposed to be re-graded beyond 8-feet in elevation change from the
mass graded condition (if an approved retaining wall specification is approved to 8-feet) shall require
the submittal of an individual lot grading and drainage application for approval by the City at the time
of the submittal of the corresponding building permit application submittal.
12. All residential lots that require an additional grading and drainage application shall be noted on the
final plat with a plat note that states, "Lot X, Block X are hereby notified that any modification(s) to
the slopes will be required to be permitted under the City of Eagle Hillside Ordinance. The owners of
these lots shall continuously maintain and repair all graded surfaces and erosion prevention devices,
retaining walls,drainage structures or means,and other protective devices,plantings, and groundcover
installed or completed. See slope stabilization and re-vegetation plan within the Sagehill CC&Rs."
13. The applicant shall add a plat note to both a revised preliminary and final plat which states, "Direct lot
access from East Aerie Way is prohibited unless approved by the Ada County Highway District and
the City of Eagle."
the private streets provide access to no more than 20 (10%) residential lots. The revised preliminary
15. The applicant shall submit a revised preliminary plat that includes a private street section showing the
sidewalk(s)located within the private street common lot and not within the buildable lots. The revised
preliminary plat shall be submitted prior to the submittal of a final plat application.
16. The applicant shall submit a revised preliminary plat and a final plat showing each private street located
within its own common lot at the time of the submittal of the final plat associated with each phase of
development.
Pnm li r. plat shall be submitted p r to the .,s„bmittl of a design plic,.tion
i
18. The applicant shall include an additional note on the face of the plat that states,"Each owner within the
subdivision that is to be served by the private streets is conveyed the perpetual right of ingress and
egress over the described private streets,that such perpetual easement shall run with the land, and 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." The note shall be included on the revised preliminary plat prior to the submittal
of the first final plat application and on each final plat at the time of the submittal of a final plat
application.
19. The applicant shall include an additional note on the face of the plat that states,"Lots Blocks_are
private streets which shall have a blanket public utility, drainage, and irrigation easement. The
residential lots located adjacent to Lots _, Blocks _ shall have a) non-exclusive perpetual right of
ingress and egress easement over said lot, b)the easement shall run with the land, c) the homeowners
association shall be responsible for the operation and maintenance of the private streets, and d) the
restrictive covenant for operation and maintenance of the private streets cannot be dissolved or modified
without the express consent of the City of Eagle." The note shall be included on the revised preliminary
plat prior to the submittal of the first final plat application and on each final plat at the time of the
submittal of a final plat application.
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20. 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 with an 8-foot-wide landscape strip between the 5-foot-wide concrete
sidewalk and the curb. If there is no parkway strip, the trees shall be placed within the individual
building lot.Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with
the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements.Trees shall be installed prior
to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the
development that is completed,including street trees that have been installed.On-going surety for street
trees for all undeveloped portions of the development will be required through project completion.
21. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the
City Council. A detailed landscape plan showing how the trees will be integrated into the open space
areas or private lots (unless approved for removal by the City Council) shall be provided for City
Council final 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.
22. 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).
23. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2)
24. The Sagehill Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-
8[D][4])
25. 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.
26. 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])
27. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master
Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber Department
prior to submittal of a final plat application.Upon completion of the installation of the municipal fiber-
optic conduit lines,the applicant shall provide GIS coordinates of the locations of the municipal fiber-
optic conduit lines.The municipal fiber-optic conduit lines shall be installed,GIS coordinates provided,
and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final
plat.
28. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final development plan/final plat application.
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29. The applicant shall construct ten-foot(10'W)wide detached concrete sidewalks (in addition to eight-
foot (8') wide minimum parkway planter strips) on both sides of East Aerie Lane for the entirety of
East Aerie Lane, as depicted in Exhibit"I",that is located within the subject property.
30. The applicant shall construct five-foot(5'W)wide concrete sidewalks,with parkway planter strips (as
required by Council),on both sides of North Tranquil Pass Way,as depicted in Exhibit"I".
31. The applicant shall connect the ten-foot (10'W) wide pathway/trail, as depicted in Exhibit "I", to
connect to the sidewalk adjacent to North Tranquil Pass Way.
32. The proposed "natural gravel pathway" shall be permitted to remain as a natural surface trail with a
tread surface that accommodates a variety of users,including equestrian,bicycle,and pedestrian users,
and shall include a public access easement over the entirety of the trail that is located within the subject
property.
33. The applicant shall designate all sidewalks, pathways, and trails as public either through right of way
dedication or through the establishment of public access easements. Public access easements shall be
recorded as separate easement agreements and the instrument number shall be placed, as a note,on the
face of the final plat prior to the City Clerk signing the final plat.
34. The applicant shall revise the submitted"Pathways and Trails Plan"to amend the proposed sidewalk
network to allow for trails to terminate at a sidewalk,as depicted in Exhibit"I".The revised"Pathways
and Trails Plan" shall be submitted with the submittal of the first final plat associated with the
development.
35. The applicant shall provide future connectivity to adjacent parcels through the inclusion of pathways,
trails,or sidewalks,as generally depicted in Exhibit"I". The revised"Pathways and Trails Plan"shall
be submitted with the submittal of the first final plat associated with the development.
36. The applicant shall work with the Eagle Fire District to designate special use trails that provide
appropriate clearance for "side by side" or utility task vehicle access for use by the fire district. The
revised"Pathways and Trails Plan"that includes these special use trails and correspondence from Eagle
Fire District specifying their preferred locations, tread material and dimensional width shall be
submitted with the submittal of the first final plat associated with the development.
37. All pathways shall be constructed, and a survey depicting the location of each pathway within the
easement must be submitted to the City prior to the City Clerk signing the final plat for each phase. If
the pathway has not been constructed at the time of final plat mylar signature,a surety may be provided
in accordance with Eagle City Code Section 9-4-2-2; however, the applicant shall still survey the
pathway location, record the associated easement, and provide the recorded instrument number to the
City upon completion of the pathway. The surety shall not be released until the pathway has been
constructed in accordance with City standards and the aforementioned documentation has been
submitted to the City.
38. All development shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle
City Code. A floodplain development permit shall be obtained prior to the commencement of any
development within the floodplain.
39. The applicant shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by
City staff in writing) at the time of a design review application submittal.
40. Curb ramps shall be provided where sidewalks and pathways meet streets,alleys,or other curb cuts, or
where they are permitted by ACHD.
41. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to
eliminate sharp turns or blind corners.
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42. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future
shall employ a cul-de-sac design at its terminus,as is described in detail in the CITY OF EAGLE TRAIL
AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access easement shall
extend to the parcel boundary and allow possible connection to adjacent development and allow the
City,or City authorized parties,and adjacent developers,to make alterations within the easement. Such
alterations to elements include, but are not limited to, connection to other trails and pathways,
landscaping,fencing, irrigation equipment, and signage.
43. If trails or pathways are to be maintained by the City, the applicant shall provide maintenance access
easements 25-feet in width in favor of the City of Eagle,with a minimum four-foot(4')margin on each
side of the pathway tread within any part of the easement where possible for all alignments shown as
"REGIONAL" and "COMMUNITY". These easements shall not limit the developer in landscape
design beyond the standards established in the trail and pathway standards and Title 9. Staging and
vehicle access locations shall be determined and included in the maintenance agreement and related
easements.
44. Easement provision language shall include the following: "The City of Eagle may construct, connect,
or continue within these easements, public pathways as part of future system expansion, and may
authorize staff contractors, or neighboring developers to facilitate such improvements within these
easements from any boundary to another public pathway easement or easements, or to parcels included
in any public access agreement."
45. The applicant shall be permitted to obtain easements for pathway and/or trail construction that is outside
of the current project footprint as long as the integrity of the existing pathway and trail network would
not be compromised by any proposed additions and necessary realignments, as is determined by City
staff.
46. Public access easement agreements and an associated survey(that depicts the location of each pathway
or trail located within the easement) shall be submitted to the City prior to the City Clerk signing the
final plat associated with the first phase of the development.
47. Pathways and trails shall be constructed and a survey that depicts the location of each pathway or trail
located within the easement shall be submitted to the City, or a surety shall be provided, prior to the
City Clerk signing the final plat for each phase of development.
48. The applicant and future homeowners' association shall provide maintenance of all pathways, in
perpetuity.
49. Within all public access easements,the City shall reserve the right to display signage similar to what is
shown in Exhibit C below.
50. Maintenance vehicle access(for City maintained trails)is to be provided. Design to be approved by the
City in writing prior to the beginning of construction of that portion of the trail.
51. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails
where only one access is available or where a trail terminates without access to a public roadway.
52. Material staging areas for large maintenance projects shall be designed and documented, and made
available for use within 30-days of written notice provided by the City, for any pathway that will be
maintained by the City.
53. 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.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house front
to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805,concerning irrigation rights,transfer and disclosure,the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof;or the subdivider shall provide for underground title or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C)which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
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.
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11.No ditch,pipe or other structure, or canal,or drain,for irrigation water or irrigation waste water owned
by an organized irrigation district,canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal, or
drain,used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district,canal company,ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity,drainage district, or
drainage entity prior to the City Clerk signing the final plat.
11. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's
specifications and standards.
The applicant shall delineate on the face of the final plat an easement,acceptable to the City Engineer,
for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any
dedicated public right-of-way,prior to the City Engineer signing the final plat. Whether located inside
or outside of the public right-of-way the perpetual maintenance of the street lights shall be the
responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business
owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the"Dark Sky"concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,and as
may be required by the Eagle City Code,prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
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.
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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 Eagle Parks, Pathways and Recreation Commission for a path or
walkway shall be approved in writing by the Eagle City Parks, Pathways and Recreation Commission
prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise River
floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City
Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and/or Council.
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29. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change. Any change by the applicant in the planned use of the
property which is the subject of this application, shall require the applicant to comply with all rules,
regulations,ordinances,plans,or other regulatory and legal restrictions in force at the time the applicant
or its successors in interest submits application to the City of Eagle for a change to the planned use of
the subject property.
30. No public board,agency,commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9"Land Subdivisions"until the final plat has received the approval of the City Council(ECC 9-6-5 (A)
(2)).
After Council approval of the final plat,the applicant may construct any approved improvements before
the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance
in the amount of 150% of the total estimated cost for completing any required improvements (see
resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a
Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code,if a final plat application is not filed within two(2)years following
City Council approval the preliminary plat application shall be null and void, unless a time extension
is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer,and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash.
37. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved
by staff prior to the issuance of a"Notice to Proceed"with construction letter.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-2025-04/RZ-2025-05) 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-P (Residential with a development agreement-PUD)
is consistent with the Foothills Residential designation as shown on the Comprehensive Plan Land
Use Map because the clustering of the lots to preserve open space and because the density of the
project is limited to 0.27 dwelling units per acre. The Foothills Residential designation within the
comprehensive plan guides development to be a maximum of 1 unit per 2 acres(0.50 dwelling units
per acre) once the constrained lands (inclusive of slopes in excess of 25%, floodways, and key
habitat areas) are removed from the calculation. The subject property is 736.00 acres in size. 336-
acres of the site are made up of slopes that are in excess of 25% which leaves 400-acres of
unconstrained lands.A requested residential density of 0.50 dwelling units per acre within portions
of the property that are unconstrained land is in alignment aligns with the desired densities as stated
within the comprehensive plan.The property will be developed with firewise standards,as detailed
within the fire management plan,to ensure compatibility as a potential hazard site;
b. The information provided by the agencies having jurisdiction over the public facilities needed for
this site indicates that adequate public facilities exist, or are expected to be provided, to serve the
single family residential subdivision use allowed on this property under the proposed zone. Water
infrastructure which is owned and operated by the City of Eagle and was developed by Avimor
Development for portions of the Avimor property was constructed through the subject property
along the future Aerie Way and is available for use by the Sagehill Subdivision, as stated within
the water agreement between Avimor, Sagehill, and the City (Agreement for Service by and
between Avimor Development, LLC, Sage Investment Partners, LLC, and City of Eagle). The
applicant stated that development of the subject property will not commence until Avimor
Development develops additional transportation (Aerie Way) and sewer infrastructure (Avimor
Water Reclamation Company)to the shared property line to the east;
c. The proposed R-1-DA-P (Residential with a development agreement-PUD) zoning district is
compatible with the RP (Rural Preservation — Ada County Designation) and APD-DA (Avimor
Planned Development with a development agreement) zoning designations and land uses to the
north since that area is undeveloped and remains as native hillside or is in anticipated to be
developed with both Foothills Residential (FR) and preserved Open Space (OS), as shown within
the approved Avimor Master Land Use Plan.The proposed Sagehill Subdivision clusters residential
development along the south side of the proposed Aerie Way and within the eastern portion of the
development which primarily retains the north side of the property as native hillside;
d. The proposed R-1-DA-P (Residential with a development agreement-PUD) zoning district is
compatible with the RP(Rural Preservation—Ada County Designation)and RR(Rural Residential
—Ada County Designation)zones and land uses to the south since that area remains as there as the
residential lots that are to be developed within the Sagehill Subdivision property to the south are
generally setback from the southerly property line and a natural hillside will remain which provides
separation through a natural buffer to the parcels to the south. Additionally, the lots within the
southern portion of the property are generally 1.5-acres in size or larger and will include a
substantial amount of on-lot open space between the residential structures and the adjacent
undeveloped lands to the south;
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e. The proposed R-1-DA-P (Residential with a development agreement-PUD) zoning district is
compatible with the APD-DA(Avimor Planned Development with a development agreement)zone
and land use to the east since that area is contained within Avimor's approved Master Land Use
Plan and is designated as a mix of Village Residential(VR),Foothills Residential(FR), and Open
Space (OS) and is anticipated to be developed with lots of similar size and with development
regulations and standards that are similar to those approved for the Sagehill Subdivision;
f. The proposed R-1-DA-P (Residential with a development agreement-PUD) zoning district is
compatible with the APD-DA(Avimor Planned Development with a development agreement)zone
and land use to the west since that area is contained within Avimor's approved Master Land Use
Plan and is designated as a mix of Foothills Residential (FR) and natural Open Space (OS) and is
anticipated to be developed with lots of similar size and with development regulations and
standards that are similar to those approved for the Sagehill Subdivision;
g. The land proposed for rezone is located within an area designated as "Hazard Area" or "Special
Area" as described within the Comprehensive Plan, however the applicant submitted a natural
features analysis that does not specify any items of concern within the property that will need to be
addressed. No protected species of flora or fauna were able to be located on the site. Additionally,
the property is located within the area designated as the Wildland-Urban Interface (WUI)Overlay
District within the City,however the applicant has submitted a Wildfire Master Plan that provides
development and maintenance standards of development that comply with current fire management
regulations; and
h. The proposed use, as conditioned within the development agreement, of a residential subdivision
does not create a non-conforming use with the R-1 zone;
i. The owner of the property has consented in writing to the annexation into the City of Eagle; and
j. The land proposed for rezone is contiguous to Eagle city limits along the eastern,north,and western
property boundaries.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CUP-2025-03/PPUD-2025-03/PP-2025-04) and
based upon the information provided concludes that the application is in accordance with the City of
Eagle Title 9(Subdivisions)because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community as the
subject property will retain 478.13-acres of open space (inclusive a 2-acre minimum community
park/recreation area) with a network of publicly accessible pathways and trails, will develop a
portion of Aerie Way (Foothills Arterial street designation), which will aid in providing public
access between State Highway 16 and State Highway 55 in the future, and will utilize specific
sections of the Avimor code (Title 11 B)that will permit the Sagehill Subdivision to be developed
in a way that is complementary to the adjacent,planned portions of the Avimor Development. All
improvements,including the construction of streets,water,and sewer improvements within the site
will be completed by the developer of the property.
b. By maintaining approximately 65% of the property as open space, and in accordance with the
submitted hillside development and grading standards, the development will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance with the
existing and intended character of the general vicinity and how such use will not change the
essential character of the same area because the subject property is being developed with large lot
single-family residential uses. The City of Eagle previously approved Avimor's Master Land Use
Plan for the Avimor development which will guide development in the future, who borders the
subject property on three sides.
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c. The Sagehill Subdivision is a residential subdivision comprised of clustered,large lot single family
detached dwellings which will not be hazardous or disturbing to existing or future neighborhood
uses since a majority of the site will either be developed as low-impact residential uses or will
remain as native hillside, similar to the anticipated uses of the adjacent parcels. The adjacent
property on three (3) sides of the subdivision is included within Avimor's Master Land Use Plan
which reflects Avimor's intended land uses for the adjacent land that they own. The Master Land
Use Plan includes Village Residential(VR),Foothills Residential(FR),and Open Space(OS) land
use districts which are similar in nature to this development.
d. Neither the development of the property nor the long-term use of the Sagehill Subdivision involves
any uses, activities, processes, materials, equipment, and/or conditions of operation that will be
detrimental to any person, property or the general welfare by reason of excessive production of
traffic,noise, smoke, fumes,glare or odors.
e. The Sagehill Subdivision will be served by State Highway 55 through the Avimor Development
and will contribute to the public street network in the foothills as a portion of Aerie Way is
developed along with the construction of the subdivision. The developer will construct a network
of internal streets(all streets,except the cul-de-sac streets approved as private,will be public streets
), along with additional improvements to the potable water system (City of Eagle) to service the
users of the subdivision, a potential irrigation water system (City of Eagle/Avimor Water
Reclamation Company [AWRC]), and sewer infrastructure(AWRC). Emergency Services will be
provided by the Eagle Police Department(through the Ada County Sheriff's Office) and the Eagle
Fire District. Trash Service will be provided through Hardin Sanitation. Residents of the
subdivision will be within the West Ada school district's service boundary.
All public facilities and services are to be supplied and constructed by the developer and must be
approved at the time of installation and before acceptance by the Avimor Water Reclamation
Company, Eagle City Water System, Ada County Highway District, or the Idaho Transportation
Department; and
f. Construction of the Sagehill Subdivision will be privately funded and developed. As the individual
residential lots are developed, impact fees will be paid which will assist in offsetting the cost of
services, public facilities, .and infrastructure that will service the new development. Upon
completion of the development, the on-going maintenance of the subdivision, including, but not
limited to,the open space[natural open space(as needed,parks,amenities,trails,pathways,lookout
points, pickleball courts, intermittent pond, playground, shade structures, etc.], sidewalks, private
streets,and irrigation system will be funded by the developer until such a time that the responsibility
is turned over to the home owner's association.
g. The development includes approximately 478-acres of open space;a majority of which is preserved
as natural open space that will have publicly accessible pathways and trails. Additionally, the
development will include private amenities for the residents of the Sagehill Subdivision including
pickleball courts,a shade structure and a park with a playground. There is an intermittent pond that
will be retained in a natural state that will seasonally collect water that will be a focal point of the
community amenity space.
h. The vehicular approaches to the property (Aerie Way), which is designated as a foothills arterial
street and will be constructed as a public street,is designed pursuant to the requirements of the Ada
County Highway District, and will not create an interference with traffic on surrounding public
thoroughfares.
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i. As a foothills development, land that is currently in its natural state will be impacted and modified
to construct roads, sidewalks, pathways, and trails along with the development of residential
dwellings within the buildable lots. However, the natural features analysis demonstrates that no
known historic,scenic,or natural features of major importance were discovered on the site and that
none will be lost through the development of the property.The Sagehill Subdivision will participate
in the Conservation Education Program (CEP) which contributes funds through an annual
assessment collected by the HOA to the on-going preservation and education of open space and
natural resources.
j. The Sagehill Subdivision is harmonious with and in accordance with the general objectives of the
Comprehensive Plan as the proposed density and clustering of the residential lots allow for a large
portion of the site to be preserved and maintained as open space.The approved hillside development
and grading standards require that the areas impacted by grading efforts are returned back to a near-
natural state through the implementation of contour grading and re-seeding of plant materials that
assist in slope stabilization efforts. The development will also comply with the requirements of the
wildfire master plan to ensure best practices are implemented for fire safety.
k. The Sagehill Subdivision will be harmonious with and in accordance with the general objectives
of Eagle City Code Title 8, including the proposed use as a large lot single family subdivision
utilizing the R-1 zoning designation. Components of the site will be developed consistent with the
requirements of Eagle City Code Title 11B to ensure compatibility of future adjacent uses.
1. To ensure that the interrelationship with the surrounding area and with areas planned to be
developed in the future (as shown in the Avimor Master Land Use Map), components of the
Sagehill Subdivision will be developed consistent with the requirements of Eagle City Code Title
11B, including landscape improvements and architectural stylings of constructed improvements.
to ensure compatibility with future adjacent uses.
In case of large scale development(incorporating eleven (11) or more lots or dwelling units):
m. Public services shall be provided to the development including, but not limited to, fire protection
by the Eagle Fire District, police protection by the Eagle Police Department, central water by the
City of Eagle Water, central sewer by Avimor Water Reclamation Company, schools through the
West Ada School District and solid waste collection by Hardin Sanitation.
The public services that will be provided to the development include the following:
Fire Protection
The project is located within the Eagle Fire District service area is approximately 10.6 miles from
Eagle Fire Station No. 3. It is anticipated that by the time development of the subject property
begins that additional Eagle Fire District fire stations that are planned to be developed will be
operable. One fire station location is proposed near the intersection of East Beacon Light Road and
State Highway 55; another along the west side of State Highway 55 within the Avimor
Development.
Police Protection
The project will be served by the Eagle Police Department through the Ada County Sheriff's Office.
The property is approximately 10.4 miles from the Eagle Police Station.
Water Service
The project is located within City of Eagle Water certified area and will be provided served by the
City of Eagle, pursuant to the water service agreement (Agreement for Service by and between
Avimor Development, LLC, Sage Investment Partners, LLC, and City of Eagle) for the Sagehill
Development, recorded by the Ada County Recorded on April, 13, 2022 [Ada County instrument
number: 2022-03 622 8].
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Sewer
The project will be served by the Avimor Water Reclamation Company (AWRC). The applicant
will be required to comply with the requirements of the Avimor Water Reclamation Company.
Road Construction
The construction of all roads will be completed by the developer. Upon completion, the roads
designated as public streets, including East Aerie Drive, North Goldenberry Way, East Sage
Heights Drive, North Clover Hollow Way, North Tranquil Pass Way, East Bitterbark Drive, and
North Woodstar Way will be dedicated to ACHD. The private streets (cul-de-sac streets) will be
owned and maintained by the Sagehill homeowners' association,in perpetuity.
Open Space
The development will be comprised of approximately 478.13-acres (64.96% of the site) of open
space. The development will primarily be comprised of natural hillsides inclusive of publicly
accessible trails,pathways, and scenic outlook opportunities. A portion of the site(within phase 2)
will be developed with community amenities including pickleball courts, a picnic shelter, and a
playground.This area is anticipated to be a minimum of 2-acres in size and will provide recreational
opportunities to residents.
Maintenance
The maintenance of all common lots and private open space areas within property will be regulated
and maintained by the Sagehill Homeowners association,and as regulated through the development
specific wildfire safety plan and grading and hillside development standards. The public roads will
be maintained by ACHD; the private roads (cul-de-sac streets) will be owned and maintained by
the Sagehill homeowners' association,in perpetuity. The water system will be publicly owned and
maintained by the City of Eagle once installed. The sewer system will be owned and maintained
by the Avimor Water Reclamation Company.
Schools
The residents of Sagehill Subdivision are located in the West Ada School District boundaries.
Solid Waste Collection
The residents of Sagehill Subdivision are serviced by Hardin Sanitation Service.
n. The developer has provided an estimate of the public service costs to provide adequate service to
the development has been provided by the developer, which it is stated that the developer will
install sewer and water lines at no cost to the public. After installation, new property owners will
pay monthly service fees,which fees are set by support agencies to cover their costs.
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o. Assuming the residential units are all owner occupied,with a homeowner's exemption of$125,000
each, and an average sales price of$3,000,000,the estimated taxable assessed value is $2,875,000
per home.Using the 2024 levy rates posted on the city's website,the total property taxes generated
from this development are estimated as follows:
Sagehill Subdivision estimated property taxes:
Total Assessed Value each home$2,875,000
Levy Rate Property Taxes
Ada County 0.00154415 $4,439
Emergency Medical 0.000084684 $243
Ada County Highway District 0.000495404 $1,424
School District No. 2 0.000331832 $954
Eagle City 0.000465337 $1,338
Dry Creek Cemetery 0.000020371 $59
Eagle Fire 0.001015337 $2,919
Sewer(estimate) 0.000015242 $44
Mosquito Abatement 0.000015041 $43
College of Western Idaho 0.000085194 $245
Total levy rate 0.004140883
Total property taxes per home $11,905
Total annual property taxes for 200 homes $2,381,008
The total annual estimated property taxes for the site are $2,381,008 per year.
p. Private means of financing the services for the development(should the cost for the public services
not be offset by the tax revenue received from the development)as the builder/developer will pay
hook-up and impact fees to cover the cost burden to public agencies as they set the fee amount to
cover these costs. Based on an estimated value for the development,the tax revenues and hook-up
fees will cover costs. Hook-up fees, impact fees and monthly usage fees will increase if there is a
shortage.
In case of the incorporation of private streets or private alleys:
q. The site is zoned R-1-DA-P(Residential with a development agreement-PUD)and will function as
a low-density large lot, foothills residential subdivision. The property will be access from both the
east and west by the future Aerie Way, a foothills arterial street(public street)that will ultimately
be part of the street network that connects State Highway 55 to the east to Willow Creek Road and
State Highway 16 to the west. Within the property,a comprehensive network of local public streets
provide uninhibited access to the parcel to the south and to a series of internal private cul-de-sac
streets —each acting as an individual residential enclave. The applicant's request for private cul-
de-sac streets is a result of conversations had with ACHD through the application review process
and reflects the site's character. The use as a large lot residential development within the foothills
creates a circumstance where private cul-de-sac streets enhance the overall design by allowing
controlled access,compatible aesthetics, and reduced impacts to public infrastructure.
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r. The proposed primary internal street system is to be developed as a public street network and will
provide safe and efficient vehicular circulation for residents and service vehicles within the
subdivision. The private street network only contains the proposed cul-de-sac streets which are not
utilized for through connections within the development. Sidewalks are required on one side of the
street(in instances where residences are only located on one side of the street) in accordance with
the Planning and Zoning Commission's recommendation, ensuring pedestrian connectivity while
maintaining an appropriate residential scale.
s. The project provides adequate access for emergency and service vehicles, through the provided
public street network. The private cul-de-sacs that exceed 750-feet in total length will be required
to include bulb-outs to provide adequate intermittent bulb-outs in order to safely facilitate
turnarounds by emergency responders and utility service providers, amongst others. The Sagehill
subdivision does include multiple access points which comply with the applicable fire code
standards.
t. Access to the subdivision is provided solely from East Aerie Way (at both the east and west
property boundaries) and will provide access through the site. East Aerie Way will be constructed
to Ada County Highway District(ACHD) standards. The proposed private cul-de-sac streets will
not alter or diminish the function of the existing public road network. ACHD has reviewed the
proposal and provided conditions to ensure compliance with adopted roadway specifications.
u. The subdivision's layout maintains legal access to all adjacent parcels and does not create any
condition that would landlock neighboring properties since all through streets are to remain as
public streets. The private street system consists only of the dead end cul-de-sac streets within the
development, thus all adjoining lands retain access from future public streets. Therefore, the
proposal complies with code provisions ensuring that no property is deprived of access.
v. Each proposed private street takes access from only a single public street and terminates with a cul-
de-sac. The flow of vehicular traffic through or within the development is not impeded by the
connection of two or more public streets through the access of a private street.
w. The alignment of the proposed private streets do not interfere with or disrupt the planned or existing
continuity of the public street system.
x. A homeowners' association (HOA) will be established as part of the subdivision's covenants,
conditions, and restrictions (CC&Rs) to ensure long-term repair and maintenance of the private
streets and associated improvements. The HOA will be responsible for funding,management, and
enforcement of maintenance obligations, thereby ensuring compliance with city requirements for
ongoing functionality and safety of private infrastructure.
y. The proposed private street is located within a Planned Unit Development (PUD), as required by
city code.Although the private street will serve all ninety-four(94)residential lots—exceeding the
typical ten percent(10%) limitation—the City Council may suspend or relax this limitation where
appropriate. Based on the limited scale and configuration of the development, the Commission
finds that the extent of private street use is proportionate to the project size and consistent with the
purpose of the PUD provisions, which allow flexibility without adverse impacts to the
transportation network or surrounding properties.
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DATED this 9th day of December,2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
JEST:
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Tracy E. .ern,Eagle City Clerk •
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"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003, Idaho Code,to request a regulatory taking analysis"
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