Findings - PZ - 2025 - RZ-2006-14-MOD4/CUP-2025-09/PPUD-2025-05/PP-2025-08 - Watermark Subdivision - Development Agreement Modification, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Watermark Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
DEVELOPMENT AGREEMENT MODIFICATION, )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY )
PLAT FOR WATERMARK SUBDIVISION FOR )
BOISE HUNTER HOMES )
CASE NUMBER
RZ-2006-14-MOD4/CUP-2025-09/PPUD-2025-05/PP-2025-08
The above-entitled development agreement modification, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on November 3, 2025, and again on December 1, 2025, at which
times public testimony was taken and the public hearings were closed. The Eagle Planning and Zoning
Commission, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Boise Hunter Homes is requesting a development agreement modification, conditional use permit,
preliminary development plan, and preliminary plat approvals for Watermark Subdivision, a 151-lot
(147-buildable [147-single family attached], 4-common) residential planned unit development. The
18.58-acre site is located on the south side of Riverside Drive, approximately 1,600-feet west of the
intersection of Riverside Drive and South Edgewood Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 660 E Civic Lane at 6:30 PM, on Tuesday, July 15,
2025, in compliance with the application submittal requirement of Eagle City Code. The applications
for this item were received by the City of Eagle on August 21,2025.
A Natural Features Analysis was received by the City on October 24, 2025.
A revised preliminary plat was received by the City on October 25, 2025.
A justification letter addressing the applicant's requests for waivers was received by the City on
October 30,2025.
A second revised preliminary plat was received by the City on October 31, 2025.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 15, 2025, in accordance with the
requirements of the Eagle City Code. The first Notice of Public Hearing on the applications for the
Eagle Planning and Zoning Commission was published in accordance with the requirements of Title
67, Chapter 65, Idaho Code and the Eagle City Code on October 17, 2025. Notice of the first public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on October 16, 2025. The site was posted in accordance with the
Eagle City Code on October 24,2025.
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A second Notice of Public Hearing on the applications for the Eagle Planning and Zoning
Commission meeting on December 1, 2025 was published in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 14, 2025. Notice of the
second 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 13, 2025. The site was posted in
accordance with the Eagle City Code on November 14, 2025.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved applications for annexation, rezone with a
development agreement, preliminary plat, and conditional use permit for a height exception for
townhouses/condominiums (a 214-unit multi-family development), and design review for The Lofts
at Eagle River Subdivision(A-12-06/RZ-14-06,PP-15-06,CU-05-06, DR-57-06 and DR-58-06).
On December 18, 2007, the City Council approved an extension of time for the preliminary plat for
The Lofts at Eagle River Subdivision to be valid until June 18, 2009 (PP-15-06).
On March 18,2008,the City Council approved a modification of the conditional use permit extending
the timeframe to August 13, 2009,to obtain building permits for the townhouses/condominiums to be
located at The Lofts at Eagle River Subdivision(CU-05-06 MOD).
On April 8, 2008, the Zoning Administrator approved an extension of time of the design review for
the common area landscaping, residential townhouses, and residential condominiums for The Lofts at
Eagle River Subdivision to be valid until August 13,2009(DR-57-06).
On April 14, 2009, the City Council approved an extension of time of the preliminary plat for The
Lofts at Eagle River Subdivision to be valid until June 18,2010(EXT-01-09).
On June 16, 2010, the County Board of County Commissioners approved a temporary permit for a
summer concert series (eleven (11) concerts) to occur on the property for Shannon Cook to be valid
until October 31,2010(201000242-TP-A).
On September 14, 2010, The City Council approved an extension of time for the preliminary plat for
The Lofts at Eagle River Subdivision with conditions. The extension of time is valid until June 18,
2011 (EXT-03-10).
On June 28,2011,the City Council approved a conditional use permit for a commercial entertainment
facility(outdoor)and live entertainment event(CU-02-11).
On June 21,2011,the City Council approved a design review application for a temporary commercial
entertainment facility(outdoor)(DR-12-11).
On October 25, 2011, the City Council approved an extension of time application for the preliminary
plat for The Lofts at Eagle River(EXT-05-11).
On November 5, 2012,Eagle City Staff approved a lot line adjustment for this site (LLA-04-12).
On November 10, 2014, the City Council approved a development agreement modification
(development agreement in lieu of a PUD) and preliminary plat for Eagle Lofts Subdivision for BHH
Investments II, LLC (an 82-lot [76-buildable, 5-common, 1-private street] residential subdivision)
(RZ-14-06 MOD2 and PP-03-14).
On April 14, 2015, the City Council approved the final plat for Watermark Subdivision (formerly
known as Eagle Lofts Subdivision) (an 82-lot [76-buildable, 5-common, 1-private street] residential
subdivision)for BHH Investments II. LLC (FP-22-14).
On January 12, 2016, the City Council approved a development agreement modification to create a
stand-alone development agreement for the 5.38-acre River's Edge Apartment site and to request
modified setbacks. A portion of The Lofts at Eagle River became known as Watermark Subdivision
and the remaining portion became River's Edge Apartments.
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E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Vacant land and Floodway
development agreement)
Proposed No Change MU-DA(Mixed Use with a Residential subdivision
development agreement) (single-family attached)
North of site Mixed Use MU-DA(Mixed Use with a Office and Vacant Land
development agreement)
South of site Floodway N/A(Boise River North Channel of the Boise
Floodway) River
Attached&Detached
East of site Mixed Use& MU-DA(Mixed Use with a Single-family residences
Floodway development agreement) (Lonesome Dove
Subdivision)&Floodway
West of site Mixed Use& MU-DA(Mixed Use with a Multi-family residential
Floodway development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
H. SITE DATA:
Total Acreage of Site— 18.58
Total Number of Lots— 151
Residential— 147
Commercial—0
Industrial—0
Common—4
Total Number of Units— 147
Single-family detached-0
Single-family attached- 147
Two-family-0
Multi-family-0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
15.82-dwelling 15.82-dwelling units per acre
Dwelling Units Per Gross Acre units per acre* maximum(as limited by the
development agreement)
Minimum Lot Size 1,091-square feet 5,000-square feet
Minimum Lot Width 21.30-feet 50-feet
Minimum Lot Frontage 21.30-feet 35-feet
Total Acreage of Common Area Open Space 9.99-acres 11.76-acres(minimum)**
Percent of Site as Common Area Open Space 53.92% 63.29%(minimum)**
Total Acreage of Active Open Space 9.47-acres 0.56-acres(minimum)
*Eagle City Code Section 8-1-2 defines Gross Density as, The number of dwelling units per acre of
total land to be developed, including public right of way, private streets, and common area open
space; excluding the floodway.
**Pursuant to Eagle City Code Section 8-6-5-5, lots within a PUD may be smaller than the
minimum lot size for the underlying zone if the exact square footage of the deficiency is offset by an
equivalent increase in open space.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The site fronts East Riverside Drive, which has been improved with an approximately 33-foot
landscape buffer, inclusive of a detached ten-foot (10') wide multi-use pathway and street trees. An
eight-foot to ten-foot (8'-10') wide common lot is shown on the preliminary plat on the western
boundary of the subdivision. No landscape buffer or common area is proposed along the eastern
boundary. The southern portion of the development is proposed as common area open space,
inclusive of two regional pathways and private amenities for the residents. The southern boundary of
the site is directly adjacent to the north channel of the Boise River.
Common Area Open Space:
The applicant is proposing a swimming pool and changing facility within the northern portion of the
development (Lot 1, Block 2). A nature-themed play area is proposed within Lot 80, Block 1.
Additionally,a 9.29-acre common lot encompassing the southern portion of the development(Lot 79,
Block 1) is proposed as a private park for the residents of the subdivision. The applicant's narrative
indicates that this private park will include a frisbee-golf course, dog park, and pickleball court for
use by residents only. A network of private trails is also proposed within the common lot, providing
internal connections between these amenities.
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.
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than ten feet(10')wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department.
On-site Septic System:
No on-site septic systems are proposed for the subdivision.
Preservation of Existing Natural Features:
The applicant submitted a Natural Features Analysis, dated October 17, 2025, prepared by Kimley-
Horn & Associates, Inc. The Natural Features Analysis outlines wetland and riparian areas and states
that there are no sensitive plant or animal species on site. Any future development, grading, or
drainage modifications will need to avoid or appropriately mitigate impacts to wetlands in accordance
with local, state, and federal regulations.
The southern 9.28-acres of the proposed development are located within the regulatory floodway.
Pursuant to Eagle City Code Title 10, development within the floodway is prohibited unless the
applicant can demonstrate compliance with Federal Emergency Management Agency (FEMA)
regulations and obtain a no-rise certification verifying that proposed improvements will not increase
base flood elevations. All site grading, utilities, infrastructure, pathways, amenity improvements, or
other development proposed within the floodway will require review and approval by the City
Engineer, Floodplain Administrator, and other applicable agencies to ensure compliance with
floodplain development standards.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets:
See the ACHD staff report, dated September 25,2025, attached hereto.
All streets within the proposed subdivision are identified as public streets. However, the preliminary
plat also depicts several twenty-six-foot (26') wide private drives that appear to function as rear-
access alleys, providing vehicular access to the garages of attached residential units. These private
drives are shown within the individual buildable lots, rather than being located on separate common
lots or within recorded access easements. As currently depicted, this configuration does not establish
clear access rights or maintenance obligations necessary for shared use by multiple property owners.
All public streets, private streets, and private alleys are proposed to be constructed using permeable
pavers,which will function as part of the site's stormwater management system.
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Sidewalks:
Five-foot (5')wide attached sidewalks are proposed on both sides of N. Serene Sands Avenue,which
provides access to the development from Riverside Drive. Five-foot(5')wide attached sidewalks are
also proposed on both sides of the internal loop street.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
Lighting:
Lighting for the proposed private streets is required. Location and lighting specifications
incorporating a"Dark Sky" style of lighting-shall be provided to the City Zoning Administrator prior
to the submittal of the final plat. Any modifications made to the lighting shall be completed before the
final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal of a
final plat application.
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K. ON AND OFF-SITE PEDESTRIAN CIRCULATION:
Pedestrian Walkways:
The residential units are proposed to be connected by a network of paved pedestrian walkways. In the
southern portion of the development which is proposed as a private park for residents of the
subdivision, the amenities and two (2) Regional pathways are proposed to be connected by a private
network of five-foot(5')wide natural surface(gravel)trails.
L. PUBLIC USES PROPOSED:
The applicant proposes to construct two (2) Regional Greenbelt pathways within the southern portion
of the development. The northern Regional pathway is proposed to be paved with asphalt and
designed to match the width, tread, and alignment of the existing Greenbelt pathways located to the
east and west. The southern Regional pathway, located adjacent to the Boise River, is proposed as a
ten-foot(10')wide natural surface trail.
Both pathways are proposed to be open to the public and dedicated to the City for incorporation into
the existing Greenbelt system.
M. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The subject property is within the service boundaries of Veolia Water and the Eagle Sewer District
and will be served by the Eagle Police Department and Eagle Fire Department.
N. SPECIAL ON-SITE FEATURES (Based on the Natural Features Analysis Report for Watermark
Subdivision, date stamped by the City on May 22, 2025):
Areas of Critical Environmental Concern — yes; 100-year floodplain, designated floodway, and
wetlands
Evidence of Erosion—no
Fish Habitat—no
Floodplain—Floodway within the southern portion of the development(FIRM Panels #16001C0154J
and#16001C0162J)
Mature Trees—yes, located throughout the site. The mature trees in the southern portion are proposed
to be retained as an amenity
Riparian Vegetation—yes; riparian trees and vegetation associated with the Boise River
Steep Slopes—none identified
Stream/Creek—yes; the southern boundary is adjacent to the north channel of the Boise River
Unique Animal Life—none identified
Unique Plant Life—none identified
Unstable Soils—none identified
Wildlife Habitat—none identified
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
See the applicant's Natural Features Analysis, dated October 17,2025,attached hereto.
P. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has not proposed a phasing plan with this application, therefore, it is expected that the
project will be completed in a single phase.
Q. EAGLE CITY CODE FINDINGS FOR A CONDITIONAL USE PERMIT, PLANNED UNIT
DEVELOPMENT,AND PRELIMINARY DEVELOPMENT PLAN:
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.
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2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
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 case 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
(No such request was included as part of this application):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
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R. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached hereto:
City Engineer
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Historic Preservation Committee
Eagle Sewer District
Boise River Flood Control District 10
Idaho Transportation Department
West Ada School District
S. RESPONSE FROM THE EAGLE PARKS,PATHWAYS, AND RECREATION COMMISSION:
The City's Parks, Pathways, and Recreation Commission action report, dated October 17, 2025, is
attached hereto.
T. LETTERS FROM THE PUBLIC:
The City has received written correspondence from the following individuals:
Elam&Burke Attorneys at Law;Abagail R. Germaine, dated October 27,2025
Rich Felix,dated October 29,2025
Mary Ford, dated October 26,2025
Jarod Furguson,dated October 26,2025
Doug Gamble,dated October 25,2025
Laura Gamble,dated October 25,2025
Steve Germain,dated October 24, 2025
Steve and Sharon Germain, dated November 25,2025
David Greer,dated October 27,2025
Steve Humke,dated October 27, 2025
Nikki Hyer,dated October 26,2025
Ross Kerns,dated October 26,2025
Aaron Miller,dated October 27,2025
Bev Nightengale, dated October 27,2025
Eric Olson,dated October 24, 2025
Ronnie Reid,dated October 27, 2025
Bob Rice,dated October 27, 2025
River District Homeowner's Association Board of Directors,dated October 8, 2025
River District Homeowner's Association Board of Directors, dated November 25, 2025
Leonard Ruminski,dated October 26,2025
Dan Smith, dated November 25, 2025
Joy Smith, dated October 25,2025
Linda Stewart, dated October 26,2025
Cindy Swanson, dated October 27,2025
Bernie and Steve Tobiason, dated October 27, 2025
Ellen Tracy,dated October 26, 2025
Lori Turner,dated October 27, 2025
Brett and Kelly Tyner, dated October 27,2025
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THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FACTS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined
on a site by site basis. Uses should complement and not take away from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD and/or
development agreement process. See the planning area text for a complete description of site specific
uses.
Scenic Corridor
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. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
CHAPTER 6: LAND USE
6.4.3 I General Land Use Objectives
A. Encourage the conservation and preservation of open spaces(sensitive habitat for plant, wildlife,
and species and unique areas)based on diverse values within the City of Eagle.
D. Establish and enforce a Future Land Use Map and associated policies as the official guide for
development in the City of Eagle.
E. Implement the land use map and associated policies through the zoning ordinance and
development review process.
6.4.3 I General Land Use Implementation Strategies
A. Conserve the natural features that make Eagle unique.
B. Establish land use patterns and zoning districts that do not exhaust available services such as
sewer,water,police,fire,recreational areas,highways, and transportation systems.
C. Provide for a broad spectrum of housing types including apartments, townhouses,
condominiums, single family attached, manufactured homes, affordable housing, and large
acreage developments.
F. Locate higher-density residential development closest to Downtown Eagle and activity
centers/nodes as shown on the Comprehensive Plan Land Use Map.
P. Support City of Eagle flood and storm drainage regulations to achieve protection of property
rights, environmental protection, and flood damage reduction for community residents.
CC. Work with other jurisdictions, developers, and land owners to obtain land dedications for a
city-wide trail network connecting the Foothills to the Boise River.
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CHAPTER 7:NATURAL FEATURES, HAZARD AREAS,AND SPECIAL SITES
7.1 I Background
Eagle has some of the most desirable places to live in the Treasure Valley-two channels of the Boise
River, Eagle Island, Dry Creek, and the Eagle Foothills. These natural features provide tremendous
views and easy access to amenities and recreation but are also prone to hazardous conditions that
require special consideration during planning, engineering, and development. Areas such as the
Boise River,Eagle Island, the Eagle Foothills, and the historic downtown area provide residents with a
sense of place, small town feel, and community identity. Much of the quality of life that the
community enjoys is derived from these areas. As the community grows, more pressure will be put on
the existing natural features, hazard areas and special sites. This chapter will provide direction for the
long-term management and protection of these areas. By establishing a clear vision, managing
growth, and planning for change, Eagle can protect its' citizens and these sensitive areas from over
use, degradation, and natural disasters
7.1.2 I Hazard Areas
FLOODWAY/FLOODPLAIN: The Floodplains of the Boise River and Dry Creek constitute a
significant hazard area within Eagle and its' planning area. Future areas may be added to the
Comprehensive Plan when deemed necessary. Areas of flooding consist of two parts: (1) the floodway
which is the most severe area of flooding characterized by deep and fast-moving water; and (2) the
floodplain which is less severe than the floodway and is characterized by shallower and slower moving
waters at the time of flooding. The floodway is shown as a generalized area on the Future Land Use
Map (See Chapter 6: Land Use). The Federal Emergency Management Administration (FEMA)
maps show specifically where the floodway and floodplain boundaries are located. (Also, see Eagle
City Code Title 10 for definitions of terms relating to the floodplain areas.) The Dry Creek floodplain
has a potential for flash flooding while the Boise River is more likely to experience seasonal flooding
due to winter run off and weather conditions. Retaining the 100-year floodplain of the Boise River and
Dry Creek in a native state, wildlife habitat, agricultural, and open space area, should be encouraged.
Trail and open spaces uses may be encouraged when not in conflict with native uses.
7.1.3 I Special Areas and Sites
"Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological,
architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to
their defined function. Whenever possible, these sites should be preserved and conserved as open
spaces or for educational and cultural centers. Development of Special Areas or Sites should take
place in a manner that reflects harmony with their natural environment and recognizes qualities which
render them distinctly unique. The Boise River Floodplain, the Head of Eagle Island, the Dry Creek
Floodplain, and the North Foothills each possess a recognized function as a wildlife habitat, floodway
and scenic natural resource reflective of Eagle's rural character. Eagle has a rich architectural
heritage. This legacy is evident in many of the City's downtown buildings and homes. The purpose
of this chapter in part is to identify unique areas or sites for conservation or protection. It is a vision of
the Comprehensive Plan to sustain those elements of the City's heritage and culture which contribute
to the appeal of the City for both residents and visitors. Much of the character of Eagle lies with its
historic buildings. These buildings enhance the quality of life and help make Eagle unique. It is
important to continue to re-use these buildings to maintain a sense of historic continuity and link with
the past. Unless the City takes steps to protect historically significant buildings, that lend character to
Eagle, the buildings may be subject to insensitive renovation, restoration or demolition. These special
areas will require comprehensive and specific planning to ensure that such topographical,
hydrological, ecological, architectural and scenic concerns have been thoroughly addressed and
incorporated into any engineering and development plans. The special review process should include,
but not be limited to the following:
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• Area wide drainage plans including hillsides, foothills and gulches
• Water quality
• Sanitation
• Area-wide traffic plans
• Pathways and trail access
• Wetlands issues
• Fish and wildlife habitat
• Existing trees and natural features
• River and creek greenbelt areas
• Potential for permanent open space and natural preserves including steep hillside terrain, rock
outcroppings and foothill gulches.
Recognized special areas and sites include:
BOISE RIVER FLOODPLAIN: The Boise River Floodplain is designated as a special area due to its
ecological and scenic significance. The area comprises the two channels of the Boise River, the
island formed by the two channels and the land immediately adjacent to the channels as generally
depicted on the Comprehensive Plan Land Use Map. Additional discussions of the Boise River
Floodplain can be found in Chapter 9: Parks,Recreation&Open Space.
7.2 I Natural Features,Hazard Areas, and Special Sites Goals
A. To provide special concern and attention to the preservation of native wildlife, fish and plants,
water resources, air quality, agriculture, open space and recreation/natural areas when
implementing planning and zoning decisions.
B. To promote the conservation and efficient management of all special areas and sites.
C. To plan for and mitigate hazard areas to protect the health, safety, and welfare of the community.
7.3 I Objectives
F. To ensure that citizens are aware of natural hazards and that land use decisions do not put
citizens in harm's way.
7.4 I Implementation
A. Encourage development with a small footprint on the land, leaving large contiguous areas of
open space in perpetuity.
L. Require development in sensitive areas (Foothills or riparian areas) to retain at least 40% of the
gross acreage as open space in large contiguous blocks.
M. Protect and improve natural and man-made waterways. Work with appropriate agencies to
ensure proper maintenance of the facilities.
V. Preserve existing healthy and appropriately located trees and establish appropriate landscaping
as a part of new developments.
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CHAPTER 8: TRANSPORTATION
8.2.3 I Pathway System Goals
A. Encourage the development of a local and regional pathway system. The design of the pathway
system should be coordinated with other elements of the City's Comprehensive Plan. The
pathway system is to provide basic mobility for some an and option for everyone to travel without
driving.
CHAPTER 9: PARKS, RECREATION,AND OPEN SPACE
9.2 I Existing and Future Conditions
The City of Eagle is unique as it has Dry Creek and two active channels of the Boise River within the
City limits. Historically,residential development has been attracted to these areas for the tremendous
views and easy access to recreational amenities and natural areas. One of the most notable
recreational amenities within these areas are the trails located along and within the floodway. The
City currently manages 11-miles of greenbelt trail within the City. The City's Boise River greenbelt
trails represent the western terminus of the 26-mile long paved Boise River Greenbelt connecting
Lucky Peak Dam to Boise, Garden City, and Eagle. Through the development approval process, the
City has worked with landowners and developers to acquire and pave the Boise River Greenbelt as
well as establish formalized access points for river management and for recreational access. To date,
the access points have been reviewed on a case-by-case basis as no formal plan exists.
9.3.2 I Active Recreation Objectives
D. Provide a system of interconnected parks, trails, and open spaces throughout the City. Require all
development to provide developed pathways for connection to Eagle's public pathway system
and/or adjoining development's public pathway system.
E. Create a pathway system that reflects the desire to have a pedestrian and bicycle friendly
community including a network of central and neighborhood paths where residents are able to
safely access and utilize alternative forms of transportation.
9.3.3 I Active Recreation Implementation
C. Establish connections from the central city and neighborhoods to the Boise River greenbelt and
the Eagle Foothills.
Q. Greenbelt and pathway development priorities should include: greenbelt/pathway system along
the Boise River, greenbelt/pathway system along the Dry Creek, corridor preservation along
future planned pathways and irrigation features; and road crossings.
9.4 I Open Space
While open space is a broad term, in Eagle open space is land which is not used for buildings or
structures and offers opportunities for passive recreation (viewpoints and trails) or water amenities
and wildlife habitat. Within the City today, the majority of the preserved open space is wildlife areas
along the Boise River and Dry Creek or areas of critical concern like the Head of Eagle Island Special
Use Area or public/semi-public lands set aside for wetlands, see Chapter 6: Land Use. Eagle's
subdivision and development standards establish minimums for both active and passive open space
within the community. Unlike active recreation detailed above, open space areas are often managed to
protect and enhance the intrinsic nature of a site, including steep slopes, view sheds, floodways,
riparian areas, wetlands, and habitat areas that if disturbed are not easily or readily returned to their
previous condition. As the City expands, additional elements should be added into open space
including historic sites and structures. Preservation of these areas will help to further support Eagle's
rural heritage and small-town feel.
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9.4.1 I Open Space Goals
A. Provide wherever possible open space and natural features such as natural river frontage,
greenbelts, river trails and pathways, creeks, floodplains and floodways, drainage ways and
canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public
benefit and enjoyment.
9.5 I Floodway&Floodplain
The City's comprehensive plan has historically preserved the FEMA designated floodway as open
space. To this end, these areas are not provided development densities but these areas are allowed to
be used to meet the open space and recreation requirements for adjacent development. During the
development of the 2017 Comprehensive Plan, significant concern was expressed about the impact
development is having in the wetland, riparian, and habitat areas located within the 100-year
floodplain. It was suggested that we are loving our river and creeks to death, with too many users in
some of the most sensitive areas. To this end, the Future Land Use Map (see Chapter 6: Land Use)
was expanded to include the 100-year floodplain in the regional open space overlay, an area that
limits trails, active recreational, amenities, and development in these areas. To this end, the plan does
not provide development density within the floodway and uses a regional open space overlay to
encourage residential clustering within the 100-year floodplain.
9.5.1 I Floodway/Floodplain Goal
Strive for a balance between the needs of the natural environment(floodway, floodplain, corridors for
habitat, riparian and wildlife areas) and recreational users (greenbelt, pathway, sportsman's access,
and viewpoints.)
9.5.2 I Objectives
A. To protect against hazards that are inherent to flood plains and flood ways.
B. To protect Eagle's unique environmental areas,natural areas, and wildlife habitat.
C. To promote the conservation and efficient management of floodways and floodplains within the
City of Eagle.
9.5.2 I Implementation Strategies
C. Require developers to identify and preserve habitat, riparian, and wetland area at the time of
development.
D. Require developers to provide improved pathway systems with links to adjoining pathway
systems, parks, and open spaces. To protect against hazards that are inherent to flood plains and
flood ways.
K. Balance the desires for public access/pathways with the land and river capabilities to support
access and minimize disturbance.
L. Consider the cost of repairs and maintenance due to flood and highwater events in the cost and
benefit analysis before constructing greenbelt and river trails.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
ALLEY: A right of way or common lot inclusive of an easement which provides vehicular access
to the rear or side of a property and is primarily intended to provide access for alley load garages.
DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more
dwelling units attached to one another by common walls with each dwelling unit being on a
separate lot,commonly referred to as townhouses and/or townhomes.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the
horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE: The front of a lot shall be construed to be the portion adjacent to the street,
except for alley load homes designed to face each other with common area pedestrian access
between fronts. In that case the front of the lot shall be the property line opposite of
the alley and adjacent to the common area pedestrian access. For the purpose of determining
frontage requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be
considered frontage and yards shall be provided as indicated under"Yard" in this section.
• Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure assemblage
of properties in a unified plan with coordinated and harmonious development which shall
promote outstanding design without unsightly and unsafe strip commercial development. Uses
should complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall
occur under the PUD and/or development agreement process in accordance with chapter 6 or 10
of this title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent
parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional
use permit shall be required unless the proposed use is shown as a permitted use in the MU
zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty
(20) dwelling units per gross acre. When a property is being proposed for rezone to the MU
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 (Square Feet)H* Lot ,
Height Side Side And J* Width I*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
B. Additional 5 feet per story side setback is required for multi-story structures.Height not
to exceed maximum allowed within the zone.
I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall
be the minimum lot width specified within the zoning district or 35-feet,whichever is
less
• 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: Purpose,Goals and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that
provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income levels
and lifestyles, and thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit
development(PUD)to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and building
types, lot dimensions,yards,building setbacks and area requirements;
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2. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, office uses and
services;
3. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation, and prevents the disruption of natural
drainage patterns;
4. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with the objective for land use density, transportation
and community facilities as presented in the comprehensive plan. (Ord. 566, 5-15-2007)
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may
be allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable fmding 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 fmding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment,
variation in building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including,but not limited to, those:
1.Minimizing adverse impact on other development;
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2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4.Assuring that development is maintained properly;
5.Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services;and
7. Requiring more restrictive standards than those generally required in this title.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-5: 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.
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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 (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 Cl of this section. Said
restrictive covenant shall also provide that the said covenant shall run with the land and
that the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private 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 9-3-6: Easements
A. Unobstructed utility easements shall be provided along front lot lines,rear lot lines and side
lot lines. Easement width shall be ten(10')feet along rear and front lot lines and five feet
along each side lot line, except that lesser easement widths,to coincide with respective
setbacks,may be considered as part of a planned unit development.
B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction
with the utility easement along each side lot line or as required by the city council, except that
lesser easement widths, to coincide with respective setbacks,may be considered as part of a
planned unit development.
C. All natural drainage courses shall be left undisturbed or be improved in a manner which will
improve the hydraulics and ease of maintenance of the channel.
• Eagle City Code Section 9-4-1-2: Streets and Alleys:
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County Highway District or the Idaho Transportation
Department,whichever the case may be.
• Eagle City Code Section 9-4-1-3: Curbs and Gutters:
A. Generally:
2. Rolled curbs and gutters shall be required on minor streets.
3. All construction shall be in accordance with the standards and specifications adopted by
the Ada County Highway District.
B. Driveways,Curb Cuts: All driveway openings and curbs shall be as specified by the Ada
County Highway District or the Idaho Transportation Department.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common destinations
such as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the comprehensive plan and trails and pathways master plan
pathway design as it relates to both crime prevention and function, and the responsibilities of
ownership,maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate),that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways master
plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
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g. Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s) to the above
noted sites; and
h. In similar cases where deemed appropriate.
2. In addition,pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half (1/2) mile alongside a local or collector roadway in order to reach the
desired destination.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water right
unless a waiver, as outlined herein, is approved by the city council.
The city has adopted supplemental standards and regulations (titled "Pressure Irrigation
Standards", incorporated herein by reference and available at Eagle city hall)pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and
make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water system.
The operation, maintenance, associated costs, and annual inspection of the backup
connection and the backup system's reduced pressure backflow prevention assembly
shall be the responsibility of the entities as determined in "Pressure Irrigation
Standards" of this section. Individual backup connections to individual lots by
individual lot owners shall be prohibited with the exception of the common area lots
owned and maintained by the homeowners'association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by the
city council when the applicant has established that any of the following situations exist
(the sale or transfer of an existing water right shall not be grounds for requesting a waiver
pursuant to this provision):
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a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this case a
waiver shall only be granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied within
two (2)years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the proposed
alternative delivery system to the city engineer at the time the waiver is requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section,
an undue economic hardship shall consist of a showing that the cost per lot to
develop the pressurized irrigation system would be twenty five percent (25%) higher
than the cost per lot for providing a pressurized irrigation system to subdivisions of
similar size and density constructed in the city within the previous two (2) years; or
the cost per lot of the pressurized irrigation system would exceed five percent (5%)
of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the cost per lot for irrigation
systems in those subdivisions built in the last two (2) years as noted above, and the
expected market value of the subdivision lots. For phased developments, costs will be
analyzed over all phases of the development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer, as
outlined herein,compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat application
and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered
professional engineer, stating the location and availability of surface irrigation water and
documenting the basis for the waiver request. If applicable, the irrigation report shall be
accompanied by a letter from the irrigation district or canal company stating that water
rights and/or a delivery system are not available to the property.
• 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.
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• Eagle City Code Section 9-5-7: Subdivision within a Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain of the
City shall comply with all applicable provisions of the floodplain regulations of the City as now
in effect or as may hereafter be amended.
• Eagle City Code Section 9-5-8: Subdivision within an Area of Critical Concern:
A. 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 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?
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.
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D. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 10-1-2: Objectives and Methods of Reducing Flood Losses:
In order to accomplish its purposes,this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards,or which result in damaging increases in flood heights,velocities, or
erosion;
B. Requiring that development which is vulnerable to floods, including structures and facilities
necessary for the general health, safety, and welfare of citizens, be protected against flood
damage at the time of initial construction;
C. Preserve and restore natural floodplains, stream channels and natural protective barriers
which help accommodate or channel floodwaters;
D. Control filling, grading, dredging and other development which may increase flood damage
or erosion;and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
• Eagle City Code Section 10-1-4: Compliance with Provisions:
No structure or land shall hereafter be constructed, located, extended, converted, developed, or
altered without full compliance with the terms of this chapter and other applicable regulations.
• Eagle City Code Section 10-1-5: Rules and Definitions:
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot(1').
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
• Eagle City Code Section 10-1-8-5(F): Subdivisions
All subdivision plats shall contain note(s) that refer to the required twenty five foot(25') setback
from all waterways, called the riparian zone, in which no improvement is permitted and require
that riparian vegetation shall be maintained in its natural state for the protection and stabilization
of the riverbank and that removal of trees or other vegetation is regulated.
• Eagle City Code Section 10-1-8-6: Specific Standards
In all cases of special flood hazards where the base flood elevation(BFE) data has been provided
as set forth in section 10-1-6 of this chapter,the provisions of this section shall be required:
A. Residential Construction:
1. Connection to a central sewage treatment system shall be required. This requirement may
be waived by the City Council if the Central District Health Department recommends
approval of an alternate method of sewage treatment and disposal. Residential
development within the floodplain may be clustered (through approval of a PUD) to
facilitate the economics of the sewage infrastructure.
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2. New construction and substantial improvement of any residential structure (including
manufactured homes) shall have a finish floor elevated no lower than the flood protection
elevation, as defined in section 10-1-5, and the lowest floor, including basement and
crawl space, shall be elevated to a minimum of one foot (1') above the base flood
elevation.
3. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
e. A minimum of two (2) openings on different sides having a total net area of not less
than one square inch for every square foot of enclosed area subject to flooding shall
be provided.
f. The total net area of all flood openings must be at least one (1) square inch for each
square foot of enclosed area subject to flooding.
g. If a building has more than one(1)enclosed area, each enclosed area must have flood
openings to allow floodwaters to automatically enter and exit.
h. The bottom of all required flood openings shall be no higher than one foot(1') above
the interior or exterior adjacent grade.
i. Flood openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
j. Enclosures made of flexible skirting are not considered enclosures for regulatory
purposes, and, therefore, do not require flood openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and requires
flood openings as outlined above.
• Eagle City Code Section 10-1-8-7(C)(6):
No development is permitted within the twenty five foot (25') setback from all waterways called
the riparian zone and riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank, and removal of trees or other vegetation is regulated in
accordance with this chapter.
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E. DISCUSSION (Waiver requests are based on the applicant's justification letter, dated October
30, 2025):
• All streets within the proposed subdivision are identified as public streets. However, the
preliminary plat shows several twenty-six-foot (26') wide "private streets" (as identified on
page 2 of the revised preliminary plat, date stamped by the City on October 31, 2025), which
appear to function as rear-access alleys providing vehicular access to the garages of the
attached residential units.
These private alleys are shown within individual buildable lots, rather than being located on
separate common lots or within recorded access easements. As currently depicted, this
configuration does not establish clear access rights or maintenance obligations necessary for
shared use by multiple property owners, including the permeable paver surfaces that function
as part of the site's drainage system. The applicant should provide an easement agreement for
all portions of the private alleys located within individual buildable lots. The easement
agreement should:
(a) Grant permanent access rights for all properties served by the alleys;
(b) Establish maintenance, repair, and replacement responsibilities, including maintenance of
permeable pavers and associated drainage functions; and
(c) Include a funding mechanism for ongoing or incidental alley maintenance.
The easement agreement should be reviewed and approved by the City Attorney and recorded,
and the recorded instrument number should be shown on the final plat, along with a clear
delineation of all areas subject to the easement,prior to the City Clerk signing the final plat.
• The proposed rear-loaded garages are accessed from private alleys located behind the attached
single-family units. To ensure adequate alley function and prevent obstruction of vehicle
circulation, driveway lengths between the garage door and the edge of the alley should be
minimized. Extended driveway aprons may encourage residents or visitors to park partially
within the driveway and partially within the alley,restricting access for other users and service
vehicles.
To maintain clear alley access and maneuvering space, driveway lengths to rear-loaded
garages should be limited to between three-feet and five-feet (3'-5'), measured from the
garage door to the face of the ribbon curb.
• The applicant has requested a waiver of the required setbacks and maximum lot coverage
associated with the Mixed Use (MU) zoning designation. Pursuant to Eagle City Code Section
8-2-4, setbacks and maximum lot coverage are required as follows:
Front: 20-feet
Rear: 20-feet
Interior Side: 7.5-feet
Street Side: 20-feet
Maximum Lot Coverage: 50%,
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• The applicant has requested the following setbacks:
Front: 5-feet
Front(Adjacent to Street): 10-feet
Rear: 7.5-feet
Interior Side(Attached): 0-feet
Interior Side: 5-feet
Street Side: 5-feet
Maximum Lot Coverage: 100%
• Pursuant to Eagle City Code Section 8-2-4, the required standards for minimum lot size, lot
width, and street frontage for the MU zone are as follows:
Minimum Lot Area: 5,000-square feet
Minimum Lot Width: 50-feet
Minimum Lot Frontage: 35-feet
The applicant has requested the following reductions to the minimum lot size, lot width, and
street frontage standards:
Minimum Lot Area: 1,091-square feet
Minimum Lot Width: 21.30-feet
Minimum Lot Frontage: 21.30-feet*
*Eagle City Code Section 8-1-2, in part, defines lot frontage as, "The front of a lot shall be
construed to be the portion adjacent to the street, except for alley load homes designed to face
each other with common area pedestrian access between fronts.In that case the front of the lot
shall be the property line opposite of the alley and adjacent to the common area pedestrian
access.
A waiver of Eagle City Code Sections 8-2-4: Official Height and Area Regulations and
8-2-4(I)is required for approval of this item.
• The applicant has requested a waiver of Eagle City Code Section 9-4-1-7(C), which requires
an eight-foot(8')wide landscaped parkway strip between the curb and sidewalk. The applicant
is proposing five-foot(5')wide attached sidewalks on both sides of the internal public streets.
The justification letter states that approximately half of the site is dedicated to open space and
that providing detached sidewalks would reduce developable area and lot size. The applicant
further notes that the internal street design includes traffic-calming measures such as on-street
parking and curvilinear alignment, and that a 10-foot-wide regional pathway along East
Riverside Drive provides enhanced pedestrian connectivity.
A waiver of Eagle City Code Section 9-4-1-7(C) is required for approval of this item.
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• The applicant has requested a waiver of Eagle City Code Sections 9-3-6(A) and (B), which
require a five-foot (5') wide side yard utility and drainage easement along each side lot line
and ten-foot (10') wide easements along front and rear lot lines. The applicant states that the
proposed attached single-family units share a common wall with a zero-lot line interior side
setback, which precludes providing side yard easements between attached units. The applicant
has proposed modified easement widths as follows:
Front Street Side: 10-feet
Front(No Street Side): 5-feet
Rear: 5-feet
Side: 5-feet(Except where units share a common wall)
The applicant's justification letter states that the requested modification reflects the attached
single-family product type and maintains adequate utility and drainage access throughout the
subdivision.
A waiver of Eagle City Code Sections 9-3-6 (A)and(B)is required for approval of this item.
• The applicant has requested a waiver from the offsetting open space requirement outlined in
Eagle City Code Section 8-6-5-5(A). This section allows a reduction in the minimum lot size
for a Planned Unit Development (PUD) when the total lot area deficiency is offset by an
equivalent increase in common open space. All lots within the proposed development are
below the 5,000-square foot minimum lot size required in the MU zone, resulting in a
combined deficiency of 431,285-square feet (9.84 acres). Based on this deficiency, the total
required open space equals the base 10% of the site area (1.86 acres) plus the offsetting
increase of 9.84 acres, for a total requirement of 11.76 acres of common open space.
Required Base Open Space based on Gross Acreage: 1.86-acres
Minimum Lot Area Deficit(Required Offsetting Increase in Open Space): 9.84-acres
Required Base+Offsetting Increase: 11.76-acres
Total Open Space Provided: 9.99-acres
Open Space Deficit: 1.77-acres
Under the provisions of Section 8-6-5-5(A),the total required open space for this development
is 11.76-acres, and the proposed 10.02 acres results in an overall deficiency of approximately
1.77-acres of additional open space needed to adequately offset the reduced lot sizes.
A waiver of Eagle City Code Section 8-6-5-5 is required for approval of this item.
• In accordance with Eagle City Code Section 9-4-1-9(C)(2), the applicant has requested to
waive the requirement to provide pressurized irrigation to the site. The applicant's justification
letter indicates that irrigation water is not delivered to the subject property and that the
landowner does not have irrigation water rights that can be provided to the site.As a result, the
applicant asserts that there is no feasible means to establish a pressurized irrigation system.
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• Several of the proposed subdivision amenities, including portions of the open space and
pathway system, are located within the regulatory floodway of the Boise River. Any
development, grading, or installation of improvements within the floodway is subject to the
requirements of Eagle City Code Title 10 (Flood Control Regulations), as well as applicable
state and federal floodplain management standards. The applicant will be required to
demonstrate through engineering analysis that the proposed improvements will not result in a
rise in the base flood elevation.
In accordance with Title 10, all fencing located within the floodway shall be designed as
breakaway fencing, and a no-rise certification prepared and stamped by a professional
engineer must be submitted for any proposed development activity. In addition, the applicant
shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency
Management Agency (FEMA) prior to construction within the floodway and submit a
corresponding Letter of Map Revision(LOMR)upon completion of the improvements.
• Correspondence was received from Boise River Flood Control District 10 on September 22,
2025,which includes a request for the applicant to provide sufficient access to the Boise River
for river maintenance and flood control operations. The applicant should provide written
correspondence from Boise River Flood Control District 10 indicating that the development
provides adequate access for inspection, maintenance, and emergency response activities
associated with the Boise River and its flood control structures prior to submittal of a design
review application.
• The applicant is requesting approval of an alternative design for the private streets that connect
that rear-access alleys to the main public street loop. Eagle City Code Section 9-3-2-5 requires
sidewalks on both sides of private streets; however, the applicant proposes to omit these
sidewalks and instead utilize pedestrian walkways that connect the front entrances of the
residential units to the paved greenbelt pathway to the south. Section 9-3-2-5(E) allows the
City Council to approve alternative private street designs, including modified sidewalk
configurations, when the Council determines that the alternative is an integral element of the
overall development plan or enhances the project. If the Council determines that the proposed
walkway system is consistent with this standard, the alternative design may be acceptable as
proposed.
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PUBLIC HEARING OF THE COMMISSION (November 3, 2025):
A. The Planning and Zoning Commission conducted an initial public hearing on the applications on
November 3, 2025, at which time public testimony was received and the public hearing was closed.
Following deliberation, the Commission voted to remand the applications to staff to allow the
applicant to prepare revisions. The applications were subsequently re-noticed for a second public
hearing held on December 1,2025.
B. A total of thirty-three (33) individuals signed the public hearing sign-in sheet. Of those, nine (9)
signed in favor of the application, eight (8) signed in opposition, and sixteen (16) signed as neutral.
Signing the public hearing sign-in sheet does not necessarily indicate that the individual provided oral
testimony.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one.
D. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by two (2) individuals who expressed concerns regarding:
• The peaceful and serene character of the surrounding neighborhood contributes significantly to the
quality of life in Eagle.
• Uncertainty regarding the aesthetics of the proposed attached residential units and their visual
compatibility with existing surrounding development.
• Wildlife habitat will be impacted by the proposed development.
• A request that the Commission consider options to mitigate impacts on wildlife, open space, and
other natural features.
• The surrounding neighborhood functions as a close-knit residential community with limited access
points and only two primary entrances.
• Children regularly play and ride bicycles within the neighborhood and increased traffic volumes
could create safety issues.
• The proposed residential density exceeds that of surrounding developments.
• A significant portion of project-related traffic would utilize roadways within the adjacent River
District[Lonesome Dove] subdivision.
• Over approximately 30-years, the River District Homeowner's Association has addressed
numerous development-related issues and asserted that the current proposal has generated more
concern among homeowners than prior projects.
• While many homeowners may not understand all regulatory and technical aspects of the
application, their concerns are genuine, and that a representative was retained to present testimony
on behalf of the association.
E. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by three(3)individuals who indicated:
• A single representative of the River District Homeowner's Association (also known as Lonesome
Dove Subdivision)presented the following requests and statements on behalf of the River District
Homeowner's Association Board:
• Boise Hunter Homes generally produces a quality product; however, there is concern over
whether the proposed development is appropriate for this location.
• Ada County Highway District (ACHD) has estimated traffic volumes of approximately 1,000-
vehicle trips per day generated by the proposed subdivision, which is nearly double the traffic
currently experienced within the River District [Lonesome Dove] Subdivision.
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• While the proposal meets the maximum residential density permitted within the Mixed-Use
zoning district, it does not meet the open space requirements of the Eagle City Code and relies
on waivers to provide less open space than otherwise required.
• The proposed street layout and circulation design do not reflect pedestrian-friendly design
principles.
• The project, as proposed, does not comply with multiple provisions of the Eagle City Code and
requires numerous waivers in order to proceed.
• A substantial portion of the property is located within the regulatory floodway and that the
proposal concentrates residential density within the remaining buildable portions of the site.
• The proposal differs substantially from development patterns anticipated by the Eagle City
Code and the Comprehensive Plan. Amenities proposed within the floodway are not consistent
with the vision and policies of the Eagle Comprehensive Plan. Although no residential
structures are proposed within the floodway, infrastructure and amenities within the floodway
would still disturb the natural condition and function of the floodway. Constructing amenities
within the regulatory floodway would be a disservice to the natural functions and visual
benefits that the existing open space currently provides to the users of the greenbelt.
• The significantly reduced minimum lot sizes necessitate additional waiver requests related to
setbacks, easements, and lot coverage.
• The proposed development would impact wetland areas located on or near the site.
• Floodway areas are intended to accommodate passive recreational uses, such as trails and
viewpoints, and active recreation amenities, including pickleball courts, are not appropriate
within the floodway.
• A previously approved plat associated with this property from 2014 allowed approximately 82-
residential units with an average lot size of 4,000-square feet, which reflects a substantially
lower development intensity than the current proposal.
• The prior approval did not contemplate development within the floodway and provided
emergency-only access from Lone Creek Drive, with a wider access point from Riverside
Drive.
• The River District HOA is not requesting denial of the application,but rather revisions to better
align the project with the Comprehensive Plan. Specifically, the River District is requesting
that:
• The intersection of Serene Sands Drive and Riverside Drive be improved to address access
concerns;
• Project density be reduced to limit the need for waivers;
• Infrastructure and amenities be removed from the floodway;
• Garages be sized adequately to reduce on-street parking demand;
• The proposed fence design between the River District and the Watermark Subdivision be
reviewed;
• The increase in maximum lot coverage from fifty-percent (50%) to one hundred-percent
(100%)be reconsidered; and
• The CC&Rs include restrictions on short-term rentals unless an exception is approved by the
Watermark HOA.
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F. Rebuttal was presented to the Commission by the applicant who indicated the following:
• Regarding the location of private alleys within individual buildable lots, the applicant
acknowledged that reciprocal access and maintenance easements would be required and stated that
the CC&Rs would establish maintenance and repair responsibilities for each group or "pod" of
homes utilizing a common alley. All property owners would retain access over the alleys, but that
maintenance would be shared only among affected units rather than the entire homeowners'
association. Placing the alleys within common lots would increase the amount of required common
open space and exacerbate the need for a waiver of the offsetting open space requirement. Similar
easement-based maintenance arrangements have been implemented successfully in other
developments and the applicant requested the ability to use the same approach for this project.
• Regarding short-term rentals, the applicant stated they are not opposed to defining and restricting
short-term rentals to prohibit leases of less than thirty (30) days and are willing to include such a
restriction within the CC&Rs.
• The applicant is willing to include CC&R restrictions prohibiting parking on driveways less than
twenty-feet (20') in length. On-street parking is available on both sides of the proposed public
streets.
• In response to concerns regarding the proposed pickleball courts within the floodway, the
applicant stated they believe the courts can be accommodated without adverse impact and that
removable nets could be used. The applicant also indicated a willingness to relocate the courts
farther from adjacent residences to mitigate potential noise impacts and noted the presence of an
existing vegetated buffer between the proposed courts and nearby development.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link:
(Granicus time: 02:15:37) https://eagle-id.granicus.com/player/clip/2157
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION,PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 4 to 1 (McCauley against) to remand RZ-2006-14-MOD4/CUP-2025-09/
PPUD-2025-05/PP-2025-08 to staff for a development agreement modification, conditional use permit,
preliminary development plan, and preliminary plat for Watermark Subdivision to work with the
applicant to achieve the following revisions:
• Add a condition that the CC&Rs shall prohibit short term rentals of less than thirty(30)days;
• Add a condition that the CC&Rs shall prohibit parking on driveways less than twenty-feet (20') in
length;
• Require shared access and maintenance easements for rear-access alleys in lieu of placing the alleys
within common lots;
• Strike Condition of Development#17 regarding sidewalks;
• Strike Condition of Development#18 regarding the open space requirement; and
• Remove the pickleball courts from the floodway area.
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SECOND PUBLIC HEARING OF THE COMMISSION (December 1, 2025):
A. The second public hearing on the applications was held before the Planning and Zoning Commission
on December 1, 2025, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. A total of 24 individuals signed the public hearing sign-in sheet. Of those, ten (10) signed in favor of
the application, four (4) signed in opposition, and ten (10) signed as neutral. Signing the public
hearing sign-in sheet does not necessarily indicate that the individual provided oral testimony.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one.
D. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by one(1)individual who expressed concerns regarding:
• Traffic conditions on Lone Creek Drive are already concerning and converting Lone Creek Drive
to a cul-de-sac would alleviate traffic issues.
E. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by four(4) individuals who indicated:
• A single representative of the River District Homeowner's Association (also known as Lonesome
Dove Subdivision)presented the following requests and statements on behalf of the River District
Homeowner's Association Board:
• The primary remaining concerns have been narrowed to access via Lone Creek Drive and the
location of the pickleball courts.
• Boise Hunter Homes has been willing to address concerns, and noted appreciation that the
applicant agreed to remove the pickleball courts from the proposal.
• Access through Lone Creek Drive remains the principal unresolved issue. The River District
requests that a condition of approval be added to address concerns related to the connectivity
through Lone Creek Drive without delaying the Watermark application process.
• Boise Hunter Homes and the River District HOA have met with Ada County Highway District
(ACHD)on multiple occasions to discuss potential access alternatives.
• ACHD has indicated it will not evaluate or consider alternative access configurations unless a
formal application is submitted, and Boise Hunter Homes and the River District are currently
working collaboratively on an alternative proposal for ACHD review.
• ACHD policy does not support emergency-access only where two public rights of way connect,
unless at least one public right of way is eliminated or reconfigured.
• The representative provided explanation to the Commission regarding potential options for
alternative access at Lone Creek Drive.
• The intersection of Riverside Drive and Lone Brook Drive formerly served as a school bus stop
location and was unsafe for children. The bus company has recently changed, resulting in
relocation of the bus stop by the school district or bus provider. This history contributes to ongoing
safety concerns at the access point.
• The current ACHD reduced-road width standard is approximately 27-feet, compared to the former
29-foot standard, and that Lone Creek Drive and Lone Brook Drive were built to reduced-width
standards at the time of subdivision development.
• The proposed development includes an average residential lot size of approximately 2,100-square
feet.
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• The Watermark development should provide a wide, clearly marked entrance and exit, and that
appropriate traffic mitigation measures should be implemented to reduce traffic impacts.
• Members of the River District HOA have previously met with ACHD to raise traffic concerns
related to Lone Creek Drive and Riverside Drive, with limited success. Speakers stated they seek
to be good neighbors and want the proposed development to succeed while addressing safety and
access concerns.
• Lone Creek Drive has functioned as a dead-end street for more than thirteen(13)years and has not
operated as a through street during that time.Public access at this location is not necessary and that
emergency-only access could be sufficient.
• Traffic congestion on Riverside Drive has increased over time, independent of the proposed
development.
F. Rebuttal was presented to the Commission by the applicant who indicated the following:
• The applicant is willing to continue working with ACHD and the River District HOA to explore
and evaluate access options related to Lone Creek Drive. A mutually agreeable condition of
approval and process for addressing this item has been drafted by Boise Hunter Homes and the
River District HOA.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link:
(Granicus time: 01:07:23) https://eagle-id.granicus.com/player/clip/2164
COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT
MODIFICATION:
The Commission voted 3 to 1 (Guerber against, Oland absent) to recommend approval of
RZ-2006-14-MOD4 for a development agreement modification for Watermark Subdivision with the
following staff recommended conditions to be placed within a development agreement, with underlined
text to be added by the Commission:
3.1 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.
3.2 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, in its sole discretion, 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 and notice shall be
provided as may be required by the City.
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3.3 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, fencing, pressurized irrigation facilities, borrow ditches, mailboxes, and
other community improvements or amenities. The owner shall provide an operation and
maintenance manual including the funding mechanism as an addendum to the CC&Rs and the
repair and maintenance requirement shall run with the land and that the requirement cannot be
modified and that the homeowner's association or other entity cannot be dissolved without the
express consent of the city.
(b) An allocation of responsibility for repair and maintenance of the pressurized irrigation system
and all common landscape areas within the subdivision in a competent and attractive manner,
including the watering, mowing, pruning, fertilizing, and caring for grass, shrubs, and trees in
perpetuity.
(c) An allocation of responsibility for repair and maintenance of all community and privately
owned drive aisles and/or alleys. The private alleys with permeable pavers within the
development, which provide access to the attached residential units, shall be designed and
maintained to ensure adequate site drainage in perpetuity. The owner shall provide an operation
and maintenance manual, including the funding mechanism, as an addendum to the CC&Rs.
The repair and maintenance obligations shall run with the land and may not be modified
without express consent of the City. Additionally, the homeowner's association— or any other
responsible entity—may not be dissolved without express consent of the City.
(d) A requirement for all fencing located adjacent to open space and corner lots to be open-style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three-rail-type
decorative fencing. The open style fencing located adjacent to all common areas shall be
wildlife protective style of fencing. All other fencing (i.e. cedar fencing, vinyl, chainlink) shall
be prohibited.
(e) A requirement that development (including fencing) within the floodway area is prohibited
unless certification by a registered professional hydraulic engineer is provided demonstrating
that encroachments shall not result in any increase in flood levels during the occurrence of the
base flood discharge, and uses within the floodway shall be restricted to those which are
required for public necessity.
(f) 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.
(g) A requirement that the Association shall collect a Conservation Education Program Assessment
("CEP Assessment") of $5.00 per Lot per month. The development of the Project has
contributed to the reduction of natural habitat and open space. The purpose of the CEP
Assessment is to promote the recreation,health, safety, and welfare of the Members by funding
conservation and/or management of natural or cultural resources, or conservation- based
education and outreach programs. The monies collected from CEP Assessments shall be
delivered to the City of Eagle annually and deposited in a fund that is only to be used for a
Conservation Education Program.
(h) 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.
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(i) A requirement that short-term rentals of less than thirty (30) consecutive days shall be
prohibited for all dwelling units within the subdivision.
(j) A requirement that vehicle parking shall be prohibited on driveways less than twenty-feet(20')
in length.
3.4 The owner, together with the City of Eagle, shall execute a Conservation and Education Program
(CEP) Funding Plan. The Funding Plan shall be included as a separate, independent Assessment
within the Covenants, Conditions, and restrictions (CC&Rs) associated with Watermark
Subdivision and shall require the Homeowner's Association to collect$5.00 per lot,per month. The
CC&Rs shall clearly define the CEP assessment within the Assessments section of the CC&Rs,
state that any amendment to this Declaration removing or changing the CEP Assessment in any way
must also be approved in writing by the City of Eagle within the"Terms and Amendments" section
of the CC&Rs, acknowledge that the development of the Project has contributed to the reduction of
natural habitat and open space, and that the purpose of the CEP Assessment is to promote the
recreation, health, safety, and welfare of the Members by funding conservation and/or management
of natural or cultural resources, or conservation-based education and outreach programs. Funds
collected from the CEP Assessment shall be delivered to the City of Eagle annually and deposited
in a dedicated fund exclusively for the Conservation Education Program and as approved by the
City Council. The CEP Funding Plan shall be executed by the Owner and the City prior to the City
Clerk signing the fmal plat.
3.5 There shall be a twenty-five-foot (25') wide riparian zone easement measured landward from the
mean high water mark, in which no improvement or development is permitted and riparian
vegetation shall be maintained in its natural state for the protection and stabilization of the
riverbank. Removal of trees or vegetation within the riparian zone shall be regulated by the City of
Eagle and the US Army Corps of Engineers.
3.6 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. Any trees approved for
removal from the Property shall be mitigated in accordance with Eagle City Code Section
8-2A-7(C).
3.7 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 fmal plat application.
3.8 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable regulations and conditions of the
Eagle Sewer District prior to the City Clerk signing the final plat.
3.9 Owner shall provide proof of central sewer service to the proposed residential lots prior to the City
Clerk signing the final plat.
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3.10 The owner shall connect the subject property to central water service prior to the City Clerk signing
the fmal plat.
3.11 The attached single-family dwellings shall be constructed in substantial conformance to the styles
of architecture as shown in Exhibit"D".
3.12 To assure compliance with condition 3.11 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 fmal plat.
3.13 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.
3.14 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.
3.15 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 Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate governmental 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 the rules and regulations pertaining to regulated
wetlands prior to submittal of a final plat application.
3.16 Owner shall construct a minimum ten-foot (10') wide asphalt pathway as shown in YELLOW on
Exhibit "E". This Regional pathway shall be constructed in accordance with the City of Eagle
Pathway and Trail Design Standards (Resolution No. 23-19) and the requirements of Eagle City
Code Section 9-4-1-6 and shall align with the existing pathways at each terminus.
3.17 Owner shall construct a minimum ten-foot (10') wide gravel pathway as shown in LIGHT BLUE
on Exhibit "E". This trail shall be constructed in accordance with the City of Eagle Pathway and
Trail Design Standards (Resolution No. 23-19) and the requirements of Eagle City Code Section 9-
4-1-6 and shall align with the existing pathways at each terminus.
3.18 Owner shall provide minimum twenty-five-foot (25') wide public access easements in favor of the
City of Eagle for all alignments shown as REGIONAL (shown in YELLOW and LIGHT BLUE on
Exhibit "E"). Public use shall be limited to the pathway tread and connecting facilities and
equipment intended for pathway users which may include, but are not limited to, benches, drinking
water sources, dog bag dispensers/waste receptacles, and bike repair stations. The easements shall
be granted to the City within 30-days of execution of this Agreement, and the recorded instrument
number(s)of the agreement shall be shown on the face of the final plat.
3.19 All fencing located within the floodway shall be prohibited, unless a no-rise certification prepared
and stamped by a professional engineer is submitted for any proposed development activity. If
necessary, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the
Federal Emergency Management Agency (FEMA) prior to construction within the floodway and
submit a corresponding Letter of Map Revision (LOMR) upon completion of the improvements in
accordance with Eagle City Code Title 10.
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3.20 Owner shall provide written correspondence from Boise River Flood Control District 10 indicating
that the development provides adequate access for inspection, maintenance, and emergency
response activities associated with the Boise River and its flood control structures prior to submittal
of a design review application.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 3 to 1 (Guerber against, Oland absent) to recommend approval of
CUP-2025-09/PPUD-2025-05/PP-2025-08 for a conditional use permit, preliminary development plan,
and preliminary plat for Watermark Subdivision with the following staff recommended site specific
conditions of approval and standard conditions of approval, with underlined text to be added by the
Commission and strikethrough text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application
RZ-2006-14 and subsequent modifications.
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 fmal plat and/or upon receipt of an invoice
by the City,whichever occurs first.
4. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. 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.
A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed, including street
trees that have been installed. On-going surety for street trees for all undeveloped portions of the
development will be required through project completion.
5. Watermark Subdivision shall remain under the control of one Homeowners Association.
6. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas within the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing, pruning, and caring for
grass, shrubs, and trees in perpetuity.
7. 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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8. The applicant shall install one or more 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. Sign(s) shall be installed prior to issuance
of a Notice to Proceed with Construction letter.
9. The applicant shall submit a revised preliminary plat which delineates the private roar access alley&
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The applicant shall provide an easement agreement for all portions of the private alleys located within
individual buildable lots. The easement agreement shall:
(a) Grant permanent access rights for all emergency and service vehicles, as well as lot owners
within the development;
(b) Establish maintenance, repair, and replacement responsibilities, including maintenance of
permeable pavers and associated drainage functions; and
(c) Include a funding mechanism for ongoing or incidental alley maintenance.
The easement agreement shall be reviewed and approved by the City Attorney and recorded, and the
recorded instrument number shall be shown on the fmal plat, along with a clear delineation of all
areas subject to the easement,prior to the City Clerk signing the final plat.
10. Pickleball court(s) shall not be permitted in the designated floodway. The applicant shall provide a
revised preliminary development plan which shows that the proposed pickleball courts have been
removed from the floodway prior to submittal of a design review application.
11. The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways, and
Recreation Commission action report, dated October 17, 2025.
The required pathway improvements within the southern portion of the development (the two [2]
regional greenbelt pathways, as shown in YELLOW and LIGHT BLUE on Exhibit "E" of the
Development Agreement associated with this application) shall be completed with the first phase of
development prior to the City Clerk signing the first final plat.
12. 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 the first final plat
associated with Watermark Subdivision.
13. 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 fmal plat.
14. Basements are prohibited in residential structures located within the Special Flood Hazard Area.
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The following conditions of approval (15-19) reflect requests made by the applicant for waivers or
deviations from standard code requirements, which are subject to City Council approval in
accordance with Eagle City Code:
15. The setbacks and lot coverage requirements shall be as follows, if a waiver of Eagle City Code
Section 8-2-4 is approved:
Front: 5-feet
Front(Adjacent to Street): 10-feet
Rear: 7.5-feet
Interior Side(Attached): 0-feet
Interior Side: 5-feet
Street Side: 5-feet
Maximum Lot Coverage: 100%
Driveway lengths to rear-loaded garages shall be limited to between three-feet and five-feet
(3'-5'),measured from the garage door to the face of the ribbon curb.
16. The minimum lot size, lot width, and lot frontage requirements shall be as follows, if a waiver of
Eagle City Code Section 8-2-4 is approved:
Minimum Lot Size: 1,091-square feet
Minimum Lot Width: 21.30-feet
Minimum Lot Frontage: 21.30-feet
17. The required public utility and drainage easements shall be as follows, if a waiver of Eagle City Code
Sections 9-3-6(A) and(B)is approved:
Front Street Side: 10-feet
Front(No Street Side): 5-feet
Rear: 5-feet
Side: 5-feet(Except where units share a common wall)
18. The applicant shall submit a revised preliminary plat showing detached sidewalks with a minimum
eight-foot (8') wide planter strip on both sides of the internal streets in accordance with Eagle City
Code Section 9-4-1-7(C) prior to submittal of a design review application. The applicant has
requested a waiver of this condition.
19. The applicant shall submit a revised preliminary plat showing an additional 1.77-acres of open space
to provide the required offsetting increase of open space for the reduced lot sizes prior to submittal of
a design review application. The applicant has requested a waiver of this condition.
The following conditions of approval (19-42) reflect the recommendation made by the City of Eagle
Parks, Pathways, and Recreation Commission at the meeting on October 16, 2025, with underlined
text to be added by the Parks, Pathways, and Recreation Commission, and double underlined text
to be added by the Planning and Zoning Commission:
20. The applicant shall construct a minimum ten-foot (10')wide asphalt pathway as shown in YELLOW
on EXHIBIT E prior to City Clerk signature on the final plat. This pathway shall be constructed in
accordance with the City of Eagle Pathway and Trail Design Standards (Resolution No. 23-19) and
the requirements of Eagle City Code Section 9-4-1-6, and shall align with the existing pathways at
each terminus.
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21. The applicant shall construct a minimum ten-foot (10') wide gravel pathway as shown in LIGHT
BLUE on EXHIBIT E prior to City Clerk signature on the final plat. This trail shall be constructed in
accordance with the City of Eagle Pathway and Trail Design Standards (Resolution No. 23-19) and
the requirements of Eagle City Code Section 9-4-1-6, and shall align with the existing pathways at
each terminus.
22. The applicant shall provide minimum twenty-five-foot(25')wide public access easements in favor or
the City of Eagle for all alignments shown as REGIONAL (shown in YELLOW and LIGHT BLUE
within EXHIBIT E). Public use shall be limited to the pathway tread and connecting facilities and
equipment intended for pathway users which may include, but are not limited to, benches, drinking
water sources, dog bag dispensers/waste receptacles, and bike repair stations. The easements shall be
granted to the City within 30-days of execution of the development agreement associated with
Watermark Subdivision, and the recorded instrument number(s) of the agreement shall be shown on
the face of the fmal plat.
23. The applicant shall construct five-foot (5') wide gravel pathways (as depicted in GREEN on
EXHIBIT E) in accordance with the City of Eagle Pathway and Trail Design Standards (Resolution
No. 23-19)prior to City Clerk signature on the fmal plat.
24. The applicant shall provide minimum ten-foot (10') wide public access easements for the five-foot
(5') wide pedestrian walkways shown in PINK within EXHIBIT E. The easements shall be reviewed
and approved by the City prior to approval of the fmal plat, and the recorded instrument number(s)
shall be shown on the face of the fmal plat.
25. The applicant shall provide and construct the proposed subdivision amenities as they were presented
to the Parks, Pathways, and Recreation Commission on October 16, 2025, including the nature-
themed play area, except for the nickleball courts, which shall be removed from the floodway, and
except where such improvements are prohibited within the floodway due to failure to obtain a no-rise
certification, in which case comparable amenities that comply with the requirements of Eagle City
Code Title 10 shall be provided in a location and manner approved by the City.
26. 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 fmal plat. If the pathway
has not been constructed at the time of fmal 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.
27. 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.
28. 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.
29. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
30. 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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31. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future
shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE
TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access
easement shall extend to the parcel boundary and allow possible connection to adjacent development
and allow the City, or City authorized parties, and adjacent developers, to make alterations within the
easement. Such alterations to elements include, but are not limited to, connection to other trails and
pathways, landscaping,fencing, irrigation equipment, and signage.
32. If trails or pathways are to be maintained by the City, the 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.
33. Easement provision language shall include the following: "The City of Eagle may construct, connect,
or continue within these easements, public pathways as part of future system expansion, and may
authorize staff, contractors, or neighboring developers to facilitate such improvements within these
easements from any boundary to another public pathway easement or easements, or to parcels
included in any public access agreement."
34. The 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.
35. Public access easement agreements and an associated survey (that depicts the location of each
pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk
signing the fmal plat associated with the first phase of the development.
36. Pathways and trails shall be constructed and a survey that depicts the location of each pathway or trail
located within the easement shall be submitted to the City, or a surety shall be provided, prior to the
City Clerk signing the fmal plat for each phase of development.
37. The applicant and future homeowners' association shall provide maintenance of all pathways, in
perpetuity.
38. Within all public access easements, the City shall reserve the right to display signage similar to what
is shown in EXHIBIT F below.
39. Maintenance vehicle access (for City maintained trails) is to be provided. Design to be approved by
the City in writing prior to the beginning of construction of that portion of the trail.
40. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails
where only one access is available or where a trail terminates without access to a public roadway.
41. Material staging areas for large maintenance projects shall be designed and documented, and
available for use within 30-days of written notice provided by the City, for any pathway that will be
maintained by the City.
42. Signage, including the physical form, materials, placement, and message, that the applicant or HOA
wishes to display within public access easement(s)must be approved in writing by the City.
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EXHIBIT E - PATHWAYS AND EASEMENTS
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Page 45 of 56
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EXHIBIT F—STANDARD CITY SIGNAGE
This public pathway is built on PRIVATE PROPERTY Thanks to an easement
an easement granted to the
city of Eagle by the adiacent NO TRESPASSING granted by this
property owtsen to enhance development the City of
our quality of lee. ALL AREAS THIS SIDE OF Eagle has the option of
Please respect theirs. THE PATHWAY ARE CLOSED continuing this public
TO THE PUBLIC pathway in the future.
Stay on the path PLEASE RESPECT OUR
Leash your pets NEIGHBORS
Leave no trace
AGL Thank'KW -pL Ma
For the h.ahh and•safety of everyone For the ha*h and safety of everyone
DOGS MUST BE ON A LEASH ON DOGS MUST BE ON A LEASH IN CPE1 dAl ':''
AND AROUND PATHWAYS THIS PARK AT ALL TIMES
AT ALL TIMES INCLUDING TRAILS
Downtown
Pet waste must be picked up Pet waste must be picked up + Boise
Immediately and placed M waste immediately and placed In waste 10.1 nl
receptacles. receptacles.
Thy C.I •foe OINUI,- sr[a•imirr.oI mil,s.w I.u C ky Peak
I.VOW..w..wA. rdleklat rwwINNI.MINIMI!
toile Ca Coin.1.t.;s, Dam
c■.•..r•b•w.ra. EAGLE c'r...."`"'m`
Lvowc......ta, EAGLE tt i NI
• •
Alterante
• IUnpavedJ ill
The primary purpose of this For the health and
pathway is to maintain the canal. safety of everyone
This Is*rivtte orotaerty and It will
be c used tp di public as required. PET WASTE MUST
Please stay on the path and out of BE PICKED UP 1111111111111%41444, %pi
the canal. IMMEDIATELY
AND PLACED IN
The City thanks this developr.rnl and p.r RECEPTACLES
Irripatton Olcit Coenpany roe alloy mq It,
pubic se an*Met maantenanc.road,
Questions or commit'Catrlracl,as at daalorn my be bsued.
•Ntw.ekra N hkere or raga Ci►Codes
(.20e1 411s-87a11 pczaViN 43,111 J.kJ ��.�w�..,,
• EAGLE • fncl2
THIS AREA IS L I=AfS H
.CSED TO
TH PUBLIC IR I-()lr I RI--._I-L)
Please Stay on the CITY CODES
Pathway
>Aale•o. = di'.5.1 & 14.5.2
•
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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 wastewater
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 fmal plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether
located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall
be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
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 fmal 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 fmal plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
fmal plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle Parks, Pathways and Recreation Commission for a path
or walkway shall be approved in writing by the Eagle City Parks, Pathways and Recreation
Commission prior to approval of the final plat by the City Council.
21. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations prior to the City Engineer signing the fmal plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
23. 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.
24. 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.
25. 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.
26. 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."
27. 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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28. 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.
29. 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]).
30. After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years
following City Council approval the preliminary plat application shall be null and void, unless a time
extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department,.Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash.
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37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
• Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
• State the days and hours in which heavy truck traffic is permitted to utilize the designated route(s).
• Maximize the use of highways and principal arterials while minimizing the use of local residential
streets.
• State that compression braking is prohibited everywhere in Ada County.
• Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub-contractors and for monitoring compliance.
A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted at
the time of the submittal of a final plat application.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
CONCLUSIONS:
1. The Commission reviewed the particular facts and circumstances of this proposed development
agreement modification (RZ-2006-14-MOD4) 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 development agreement modification is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The existing zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Comprehensive Plan. The proposed density of 15.82-dwelling units per acre
(maximum 147 residential units), as limited by the development agreement, is compatible with
the density expectations outlined in the Comprehensive Plan for areas designated as Mixed Use;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities will be provided, as conditioned in the
development agreement, to serve all uses allowed on this property under the proposed zone.
Specifically, central water service will be provided by Veolia Water and central sewer service
will be provided by the Eagle Sewer District, subject to successful annexation into the District.
The Eagle Fire Department and Ada County Highway District have reviewed the application and
submitted written comments outlining conditions of approval necessary to ensure adequate fire
protection and compliance with roadway standards;
c. The existing MU-DA (Mixed Use with a development agreement) zoning district is compatible
with the MU-DA(Mixed Use with a development agreement)zoning designation and land uses to
the north, which include office uses and vacant land, since the proposed development is
consistent with the permitted land uses, intensity, and development patterns described within the
Mixed Use zoning regulations;
d. The existing MU-DA (Mixed Use with a development agreement) zoning district is compatible
with the designated Floodway (Boise River) to the south. Development within the designated
floodway and floodplain is limited pursuant to Eagle City Code Title 10, which governs
development standards in flood-prone areas. The conditions of development and conditions of
approval herein include provisions and restrictions to ensure compliance with floodplain
development regulations and preserve open space adjacent to the river corridor, thereby
supporting compatibility with the sensitive environmental conditions to the south;
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e. The existing MU-DA (Mixed Use with a development agreement) zoning district is compatible
with the MU-DA (Mixed Use with a development agreement) zoning designation to the east,
which is developed as Lonesome Dove Subdivision (also known as The River District).
Lonesome Dove Subdivision is developed at an approximate density of 8.47-dwelling units per
acre and includes approximately forty eight-percent (48%) open space. The proposed
development provides a compatible transition of residential use within the same zoning
designation. The proposed density of 15.92-dwelling units per acre is higher than the densities of
the adjacent properties to the east; however, the land use type remains residential in nature. Given
the similarity in use, this difference in density is not expected to create adverse land use conflicts
or functional incompatibilities between the properties, pursuant to the conditions of approval
herein;
f. The MU-DA (Mixed Use with a development agreement) zoning district is compatible with the
MU-DA(Mixed Use with a development agreement) zoning designation and land use to the west,
which is developed as The River's Edge Apartments with an approximate density of 14.87-
dwelling units per acre. The proposed development provides a compatible transition of residential
use within the same zoning designation; and
g. The land proposed for this development agreement modification is partially located within a
"Hazard Area" and"Special Area" as defined by the Comprehensive Plan, due to the presence of
mapped floodplain, designated floodway associated with the Boise River, and potential wetland
areas. Development within these sensitive areas is subject to all applicable local, state, and federal
regulations. Floodplain development is regulated pursuant to Eagle City Code Title 10, and the
applicant is required to comply with all provisions therein. Any disturbance of wetlands must
comply with applicable regulations of the U.S. Army Corps of Engineers and shall not occur
without proper review and mitigation. Conditions of approval incorporated into the Development
Agreement and this decision require compliance with these standards to ensure appropriate
protection of environmentally sensitive features.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CUP-2025-09/PPUD-2025-05/PP-2025-
08) and based upon the information provided concludes that the application is in accordance with the
City of Eagle Title 9 (Subdivisions)because:
a. The proposed PUD is in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare of the community. The project
introduces residential development at a gross density of 15.98-dwelling units per acre, which is
consistent with surrounding density patterns and the Mixed Use Comprehensive Plan designation.
The applicant will bear all costs of development associated with infrastructure development and
extension, including water, sewer, and roadway improvements, ensuring no undue burden is
placed on the public.
b. The development will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity. The
project includes waivers from certain dimensional standards; however, the development
agreement, including the exhibits governing architectural design and aesthetic standards, together
with the conditions of approval herein, establish site specific requirements that ensure a cohesive
and compatible visual character within the Planned Unit Development and in relation to the
surrounding land uses.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses,
since the development is residential in nature and is located adjacent to other residential and
public open space areas. The development is not expected to introduce new land use types or
intensities that would be incompatible with existing or future neighborhood uses.
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d. 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. No commercial or
industrial uses are proposed, and residential development is not anticipated to generate impacts
beyond those typical of surrounding residential areas.
e. The development will be adequately served by essential public facilities, including law
enforcement by the Eagle Police Department, fire protection by the Eagle Fire District(subject to
compliance with Eagle Fire Department conditions of approval), and central sewer and water
services, which the applicant will be required to extend at their own cost. Street and right of way
improvements have been conditioned by ACHD, and no deficiencies in other public services have
been identified.
f. The development will not create excessive additional requirements at public cost for public
facilities and services, since all infrastructure and utility extensions are to be financed and
constructed by the applicant.
g. The preliminary development plan incorporates a combination of common area open space,
regional pathway connections, and recreational amenities that differ from standard subdivision
design. The project includes areas of floodplain and riparian corridor that are proposed to remain
undeveloped or limited in use, subject to compliance with Eagle City Code Title 10 and
applicable state and federal requirements. The development relies on approved waivers from
certain code standards, which are intended to allow flexibility in site design while achieving the
objectives of the Planned Unit Development.
h. Vehicular access will be provided by a network of internal public roads,private streets (of limited
extent serving individual residential units), and private rear-access alleys,with external access via
Riverside Drive and Lone Creek Drive. ACHD has reviewed the proposal and conditioned the
necessary street and right of way improvements. No traffic impact study was required, and no
significant off-site transportation impacts have been identified.
i. The development is not anticipated to result in the destruction or loss of any natural, scenic, or
historic features of major importance. Development within the designated floodway is prohibited
pursuant to Eagle City Code Title 10, unless an engineered no-rise certification can be provided.
Sensitive wetland areas will be preserved unless property mitigated in accordance with applicable
federal and local regulations. No other natural, scenic, or historic features of major importance
associated with these applications have been identified.
j. The proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan. The land use designation
within the Comprehensive Plan is Mixed Use, and the density,use type, infrastructure provisions,
and open space preservation are consistent with the goals and policies specified for this
designation.
k. The proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8. The proposed dimensional
standards, including setbacks and lot sizes, require approvals of waivers to certain code
provisions; however, approval of this application, together with the associated waivers and
conditions of approval, ensures that the development remains consistent with the intent and
purpose of the Planned Unit Development standards and the provisions and regulations of the
Eagle City Code.
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1. The applicant has requested deviations from underlying zoning dimensional standards and
proposes private streets and rear-access alleys throughout the site, which are permitted subject to
Council approval. These design features, along with the project's open space and environmental
preservation components, support the PUD as an appropriate tool for regulating land use in this
area.
m. Conditions established through the conditional use permit and preliminary development plan are
intended to ensure that the proposed development complies with the use allowances and
dimensional standards of the MU (Mixed Use) zoning district, thereby preventing the creation of
any non-conforming lots, structures,or uses;
In case of large scale development(incorporating eleven (11) or more lots or dwelling units):
n. Public services shall be provided to the development including, but not limited to, fire protection,
police protection, central water, central sewer, road construction, parks and open space,
recreation,maintenance, schools, and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The Eagle Fire Department will serve the development and has issued conditions of approval that
must be satisfied prior to the issuance of any building permits associated with this development.
Police Protection
Law enforcement will be provided by the Eagle Police Department.
Water Service
The applicant is coordinating with Veolia Water for central water connection and will extend
service at their own cost.
Sewer
Service will be provided by Eagle Sewer District upon completion of annexation and
infrastructure extension.
Road Construction
ACHD has conditioned the improvement of the public streets and right of way internal to the
subdivision.
Open Space
Approximately 53.92% of the site is reserved for open space, including a private pool, dog park,
nature-themed playground,two(2)greenbelt pathways, and a trail system.
Maintenance
Maintenance of all private infrastructure and open space areas will be the responsibility of the
homeowner's association, as conditioned herein.
Schools
Residential development is expected to be served by West Ada School District.
Solid Waste Collection
Service will be provided by Hardin Sanitation, in accordance with City requirements.
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In case of the incorporation of private streets or private alleys:
o. The primary streets which provide vehicular access to and through the subdivision are
proposed to be public. However, the applicant has proposed private streets and rear-access
alleys to provide access to individual residential lots. The use of private streets and alleys is
intended to allow maintenance and repair responsibilities to be allocated to the property
owners who directly utilize those facilities, rather than to the Ada County Highway Disrict or
the Watermark Subdivision Homeowner's Association. As conditioned, the private streets
and rear-access alleys will be subject to recorded access and maintenance provisions,
ensuring continued functionality of the permeable pavers and access.
P. The proposed internal street system provides safe and efficient vehicular circulation for
residents and service vehicles within the subdivision. The internal streets are primarily
proposed to be public,with limited exceptions for the private streets and alleys which provide
access to the individual residential lots.
q. The project provides adequate access for emergency and service vehicles, as confirmed by
the Eagle Fire Department.
r. Existing public access to the subdivision is maintained through Riverside Drive and Lone
Creek Drive, which are both public roadways constructed to Ada County Highway District
(ACHD) standards. The proposed private streets and alleys will not alter or diminish the
function of the existing public road network. Given the limited extent and function of the
proposed private streets, their inclusion will not adversely affect adjacent properties or overall
circulation patterns in the surrounding area. ACHD has reviewed the proposal and provided
conditions to ensure compliance with adopted roadway specifications.
s. The subdivision's layout maintains legal access to all adjacent parcels and does not create any
condition that would landlock neighboring properties. The private street system terminates
internally within the development, and all adjoining lands retain access from existing public
rights of way. Therefore, the proposal complies with code provisions ensuring that no
property is deprived of access.
t. The proposed private streets and private alleys do not function as through connections
between public streets and do not encourage cut-through traffic within the development. The
alignment of the proposed private streets and alleys do not interfere with or disrupt the
planned or existing continuity of the public street system.
u. A homeowners' association (HOA) will be established through the subdivision's covenants,
conditions, and restrictions (CC&Rs); however, responsibility for the repair and maintenance
of private streets and rear-access alleys shall be allocated to the individual groups of
homeowners ("pods") that utilize those facilities. The CC&Rs and recorded easement
agreements will establish funding, management, and enforcement mechanisms applicable to
each pod, thereby ensuring long-term maintenance, functionality, and safety of private
infrastructure in compliance with City requirements.
v. The proposed private streets and alleys are located within a Planned Unit Development
(PUD), as required by City Code. The private streets and rear-access alleys will serve 122-
residential lots (83%), exceeding the typical ten percent (10%) limitation; however, the City
Council may suspend or relax this limitation where appropriate. Based on the configuration
of the development and the limited length and functional role of the private streets, which
extend only as necessary to provide access to the individual residential units, the Commission
concludes 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 15th day of December, 2025.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright, Chairm
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