Findings - CC - 2025 - RZDA-2025-06/CUP-2025-04/PPUD-2025-04/PP-2025-05 - Angler's Hamlet Subdivision Rezone from MU-DA to MU-DA-P, Conditional Use Permit, Prelim Development Plan, and Prelim Plat BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM MU-DA [MIXED USE WITH )
A DEVELOPMENT AGREEMENT] TO MU-DA-P )
[MIXED USE WITH A DEVELOPMENT )
AGREEMENT-PUD],CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN,AND )
PRELIMINARY PLAT FOR ANGLER'S HAMLET )
SUBDIVISION FOR DAVE ROYLANCE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZDA-2025-06/CUP-2025-04/PPUD-2025-04/PP-2025-05
The above-entitled rezone with a development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their decision
on November 25,2025, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter,makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Dave Roylance, represented by The Land Group, Inc., is requesting a rezone from MU-DA (Mixed
Use with a development agreement) to MU-DA-P (Mixed Use with a development agreement-PUD),
conditional use permit, preliminary development plan, and preliminary plat approvals for Angler's
Hamlet Subdivision, a 6-lot (5-buildable, 1-common [1-private street]) residential planned unit
development. The 5.00-acre site consists of two (2) parcels and is generally located south of Old
Valley Road, approximately 630-feet west of the intersection of West Old Valley Road and State
Highway 44, at 4171 West Old Valley Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 4171 West Old Valley Road at 6:00 PM, on Monday,
April 28, 2025, in compliance with the application submittal requirements of Eagle City Code.
The applications for this item were received by the City of Eagle on May 22, 2025.
A revised preliminary plat and pressurized irrigation report was received by the City on
October 2,2025.
A request for a two-phase development plan was received by the City on November 21, 2025.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on May 28, 2025, in accordance with the
requirements of the Eagle City Code. 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 3, 2025. Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on October 3, 2025. The site was posted in accordance with the Eagle
City Code on October 10, 2025.
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Notice of Public Hearing on the applications for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 7,
2025. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 4, 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 Eagle City Council approved an annexation, rezone from RUT (Rural-
Urban Transition, Ada County designation) to MU-DA (Mixed Use with a development agreement)
and preliminary plat for Angler's Hamlet Subdivision, a 42-lot(37-residential, 5-common)residential
subdivision.
On December 11, 2008, the development agreement associated with Angler's Hamlet Subdivision
was executed.
On December 11, 2015, the development agreement associated with Angler's Hamlet Subdivision
expired, seven(7)years after its Effective Date.
E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting approval of a new development agreement since the original agreement
associated with the existing zoning designation has expired, and since the design and intensity of the
proposed development differ significantly from the original development agreement. The applicant
intends to retain the current zoning designation (Mixed Use with a development agreement [MU-
DA]); therefore, a new development agreement is required to ensure consistency between the zoning
designation and the proposed development plan.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
MU-DA(Mixed Use Single-family dwelling and
Existing Mixed Use with a development vacant land
agreement)
MU-DA(Mixed Use Proposed single-family
Proposed No Change with a development
residential subdivision
agreement)
North of site Mixed Use RI (Residential-Ada
County designation) Single-family residential
RUT (Rural-Urban
South of site Floodway Transition—Ada County Boise River
Designation)
MU-DA(Mixed Use
East of site Mixed Use with a development Single-family residential
agreement)
RUT (Rural-Urban
West of site Mixed Use Transition—Ada County Vacant land
Designation)
H. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
I. SITE DATA:
Total Acreage of Site—5.00
Total Number of Lots—6
Residential—5
Commercial—0
Industrial—0
Common— 1 [Private Street]
Total Number of Units—5
Single-family - 5
Single-family attached-0
Two-family- 0
Multi-family-0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
1.00-dwelling units per Limited to 5-residential
Dwelling Units Per Gross Acre acre lots within the
development agreement
Minimum Lot Size 17,337-square feet 5,000-square feet
Minimum Lot Width 50-feet 50-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area Open Space 0.00-acres 1-acre(minimum)
Percent of Site as Common Area Open Space 0.00% 20%(minimum)
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing to reconstruct the portion of West Old Valley Road adjacent to the subject
property with a ten-foot (10') wide detached multi-use pathway and eight-foot (8') planter strip. No
other landscape screening or landscaped common areas are proposed with this application.
Common Area Open Space:
No common areas(other than the proposed private street) are proposed with this application.
The applicant is requesting waivers from:
- Eagle City Code Section 8-6-5-2(A),which requires a minimum of 20%open space;
- Eagle City Code Section 8-6-5-2(B),which requires a minimum of 15% of the required open space
to be developed as active open space; and
- Eagle City Code Section 8-6-5-2(D) which requires a minimum of 50% of all lots to be directly
adjacent to,or have direct access to,common area open space.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
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. Any existing on-site septic systems shall
be abandoned upon connection to central sewer in accordance with the requirements and standards of
the Central District Health Department.
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Preservation of Existing Natural Features:
Wetlands have been preliminarily identified on the property, but a formal jurisdictional delineation
has not yet been completed. The applicant has indicated in the letter to the City Engineer, dated
October 3, 2025, that they are currently working with the US Army Corps of Engineers to identify
jurisdictional wetlands, the quality and quantity of wetlands, and opportunities for preservation and
mitigation both on and off-site. Until a full delineation is submitted and reviewed by the City, the
extent and regulatory status of these natural features remain uncertain. 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.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
K. STREET DESIGN:
Private or Public Streets:
All streets within Angler's Hamlet Subdivision are proposed to be private. The applicant is requesting
a waiver of Eagle City Code Section 9-3-2-1(I),which limits the proportion of lots that may be served
by private streets. The applicant is also requesting approval for a gated entrance at West Old Valley
Road,which is the sole vehicular access point to the subdivision.
See the applicant's narrative, date stamped by the City on May 22, 2025, for the applicant's
justification of private roads and gated access.
The applicant is proposing a thirty-foot (30') wide private street section, inclusive of two (2) twelve-
foot (12') wide drive lanes with two-foot (2') wide ribbon curbing. An eight-foot (8') wide planter
strip is shown on one side of the street section.
N
r ,r 11'R/V
1r
C —DORROW DITCH PER
�--3' SLATACING AND STIRNVATER
WIMP"C" TYP. /' SASE DESIGN GUIDELINE'S
B' NINDIMI LANDSCAPE DETAIL 03
CODE SPE2RA CJTY Cr EAGLE 12' SUBMSC OR TALI AS T DITCH NAY BE
7 `—PARE PERL Y PREPARED SUSGRADE DEEPENED TO
Notes FACILITATE DRAINAGE
No pit run, ballast or subbase aggregate shall R�CDUEI l PROXCt GEOTECNNICAI
be placed on any road or street until the BORROW DITCH
Subgrode has been approved by Intermountain TYPICAL PRIVATE 1ADWAY SE TIJy g'ARV .KIL TRAY ION WINDOW
Engineering, P.C. (LOCATIONS VARY)
VEGETATED SWALE
See the ACHD staff report, dated July 7,2025,attached hereto.
Sidewalks:
No sidewalks are proposed within the subdivision. The applicant is requesting a waiver from Eagle
City Code Section 9-4-1-7, which requires sidewalks along private streets.
The ACHD report, dated July 7, 2025, indicates that ACHD is supportive of a ten-foot (10') wide
detached multi-use pathway with an eight-foot(8')planter strip adjacent to West Old Valley Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
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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.
L. ON AND OFF-SITE PEDESTRIAN CIRCULATION:
Pedestrian Walkways:
No pedestrian walkways are proposed within the subdivision.
M. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The subject property is served by the Eagle Police Department and Eagle Fire Department and is
within the service boundaries of the Eagle Sewer District. The applicant has indicated that there is
potential to connect to either Eagle Municipal Water or Veolia Water, since this area is within the
service boundaries of both central water purveyors.
With respect to central sewer service, the subject property has not yet been annexed into the Eagle
Sewer District. However, correspondence from the District dated May 29, 2025, confirms that sewer
service is available in Old Valley Road. The proposed preliminary plat identifies a sewer easement
located centrally within the subdivision, along the proposed private road, to facilitate the extension of
central sewer service to properties located south of the development, across the Boise River.
O. SPECIAL ON-SITE FEATURES (Based on the Natural Features Analysis Report for Angler's
Hamlet Subdivision, date stamped by the City on May 22, 2025):
Areas of Critical Environmental Concern—yes; 100-year floodplain and potential wetlands
Evidence of Erosion—no
Fish Habitat—no
Floodplain — Floodway (FIRM Panel #16001 C0134J) along the southern boundary of the proposed
development
Mature Trees—yes,located throughout the site
Riparian Vegetation—yes;riparian trees and vegetation associated with the Boise River
Steep Slopes—none identified
Stream/Creek—none identified
Unique Animal Life—none identified
Unique Plant Life—none identified
Unstable Soils—none identified
Wildlife Habitat—none identified
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P. NONCONFORMING USES:
The subject property contains one existing nonconforming structure, which is proposed to remain as
part of the subdivision. The existing single-family residence on proposed Lot 2, Block 1, encroaches
into the required 20-foot rear yard setback for the Mixed Use (MU) zoning district. The applicant is
seeking conditional use permit approval of a waiver to permit the continued use and retention of the
structure in its current location. The proposal does not include any expansion or intensification of the
nonconforming structure.
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (The following excerpt
was taken from the Natural Features Analysis Report for Angler's Hamlet Subdivision, date stamped
by the City on May 22, 2025):
4 I Summary of Impacts on Natural Features
The proposed development would result in the conversion of open space, existing residences, and
excavated ponds into a residential subdivision on a stream-terrace bench adjacent to the north
channel of the Boise River. The extent to which the ponds, trees, and wetlands will be preserved or
relocated is not clear at this point in the planning process.
No sensitive plant or wildlife species were determined to utilize the project upon review of Idaho
Department of Fish and Game IFWIS data. According to the USFWS' Information and Planning
Center (IPaC), two insect species and one plant species were determined to possibly be impacted by
the project.
The trees, shrubs, and ponds present in the project were found to support numerous avian species
during site visits to the project on April 14 and April 22, 2025. Much of the project contains intact
riparian trees and shrubs associated with preserved habitats along the Boise River that contribute to
the number of birds seen during the April 2025 site visits to the project.
At the time of drafting this NFA, there was insufficient detail regarding the subdivision footprint to
assess the impacts. However, it is likely that some of the main central pond will be impacted by the
subdivision. The "dry pond" that has wetland vegetation but no longer received artesian well water
to support its hydrology may be a relic feature and will not persist without the artesian water source
whether the subdivision is constructed or not.
The area is already a disturbed and altered environment that has residential housing and human
activity. The impacts of a new subdivision are likely low based on the current condition.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
On November 21, 2025, the applicant submitted a request to revise the project from a single-phase
subdivision to a two-phase development. The original application proposed the subdivision as one
phase.
S. 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.
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.
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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[11J 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.
T. EAGLE CITY CODE FINDINGS FOR PRIVATE STREETS AND PRIVATE ALLEYS:
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.
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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.
U. 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
Idaho Transportation Department
V. RESPONSE FROM THE EAGLE PARKS, PATHWAYS,AND RECREATION COMMISSION:
The City's Parks, Pathways, and Recreation Commission action report, dated September 19, 2025, is
attached hereto.
W. LETTERS FROM THE PUBLIC:
Correspondence from Patrick and Margaret Fanning, dated November 18, 2025
Correspondence from Tim Fease, dated October 14, 2025
Correspondence from Kendra Kenyon, dated October 15, 2025
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S 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.
CHAPTER 6: LAND USE
6.4.3 General Land Use Implementation Strategies
X. Require design treatments to provide compatibility of new development with existing
development by considering such issues as transitional lot sizing, building orientation,
increased setbacks, height limitations, size restrictions, design requirements, fencing,
landscaping or other methods as determined through the development review process.
6.5 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to
formalize an activity center by Eagle High School and the existing residential development in
the area. The goal is to establish a neighborhood center/node with pedestrian scale design
and access to the future transit along State Highway 44. The following land use and
development policies are specific to the Park Lane Planning Area.
6.9.1 Park Lane Uses
A. The area located along Old Valley Road should be a mixture of residential and
Professional Office with Limited Service Commercial. All uses along Old Valley Road
should be designed to be oriented to take access from Old Valley Road and to encourage
pedestrian movement through the area.
C. The area located on the northwest corner of State Highway 44 and Park Lane is
designated Mixed Use for the southern 17-acres, transitioning to neighborhood
residential, up to 3 units per acre, for the northern portion of the property. The
transition area between the mixed use and the residential area shall be reviewed and
conditioned by the City through the use of a development agreement at the time of
rezone.
H. Large lot residential with a transitional overlay should be encouraged south of the
mixed-use area along Old Valley Road and north of the Boise River. Lots may be
clustered to encourage separation and protection of wetlands, floodways, and habitat
areas as open space. The area should be designed to provide formalized river access.
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6.5.2 Park Lane Design
A. Old Valley Road Area
1. The development of this area should be designed to focus on the existing Old Valley
Road arid bring activities and uses closer to the road, creating a pedestrian friendly
area that encourages walking as well as auto traffic.
2. The Old Valley Road area should include pedestrian amenities such as street trees,
benches and sidewalks.
3. Common parking areas at the side of buildings and joint parking agreements should
be encouraged to minimize walking distances between buildings and provide a
pedestrian scale to the area.
4. On-street parking should be encouraged where sufficient right-of-way is available.
5. Formalized river access should be encouraged providing access to the river and the
extension of the Boise River Greenbelt.
6.4.4 Issues of Concern
D. Residential development along the north side of the north channel of the Boise River
should be designed to support and protect the habitat and ecosystem of the river. The
area should be developed to establish and enhance habitat areas and wetlands as part of
the open space and storm water filtration systems.
FIGURE 6.8: ZONING COMPATIBILITY MATRIX
ZONING COMPATABILITY MATRIX
CITY ZONING CLASSIFICATIONS'
Residential faunas Neighbor- Central
Agricultural Residential limited Commercial hood General Highway Business Light lodustnal Heavy Extractive Public/Semi- Mired
Agricultural Residential Estate R-6t0 Office Airport Business Business Business Distnct Industrial Park Industrial Industrial Public Use
flffllRE LAND USE DESIGNATIONS' (A) (AR) (R-E) R.1 R-2 0-3 R-a R S R-10 (l-O) (C-A) (C.11 (C-2) IC.3) (CBD) (14-1) (MAl) (41.2) IM-3) (PS) MN
Agricultural/Rural X X X
Foothills".' X X X X X x x x X x : X - r r f X + X
Estate Residential X % X I I X
urge Lot X % % % I j x
Ne boyhood' X x X z z X z ' x
Compact' X x x X X XXX x _ x
Inhil/HIgh Density' x x X x x x j x _ x x
MXed Shea x X X x 1 I x % I
Downtown' X X X X
Village/Community Center•' X x X x X X X X
Neighborhood Center•' X X X X X X X
Commercial`".' X X % X x x X
ProfessionalOffice/Business Park'''.' X x x x X X
Iisdusmal' X r I X X X
Roadway x
Head of Eagle Isladd y X
Public/Semi-Public i
BLM/Park X l X
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS .
PROPOSAL:
• 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.
• 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 1 Minimum
District Maximum Front Rear Interior Street Covered F ! (Square Feet)H* Lot
Height Side Side And J* 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.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
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• 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;
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)
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• 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 finding 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,
pedestrian way 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;
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.
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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 fording made by the Council that characteristics and qualities of the
development justify the alternate design. Sidewalks and planter strips, as referenced
within subsection 9-4-1-6F of this title, shall not be required along alleys.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to,designated parking and"no parking" areas, speed, stop, and such other signs as
are required for safe pedestrian and vehicle travel.
5. All private streets and private alleys shall, during the progress of construction, be
• inspected and tested, at the expense of the owner or developer,by a qualified inspector in
order to ensure compliance with the construction and design standards set forth in this
section, the construction drawings as prepared by the registered professional engineer,
and good engineering and construction practices. Reports of such inspections and tests
shall be submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
d. Private streets and private alleys not exceeding 150-feet may terminate with no turn-
around if approved by the Eagle Fire District.
7. The design of all private streets and private alleys and related storm drainage facilities
shall be prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of preparation of
the design. Construction drawings, together with a certification of such conformity, shall
be submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail,unless specifically determined otherwise by the city council.
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C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets and private alleys as follows:
1. A plan and schedule for the future repair and maintenance of the private street and private
alley and drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of private streets and private alleys shall be clearly depicted on the face of
the plat and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
streets or private alleys the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private streets or private
alleys cannot be modified and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private streets or private alleys
shall be recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private streets or private alleys in
accordance with the approved plan as provided for in subsection C 1 of this section. Said
restrictive covenant shall also provide that the said covenant shall run with the land and
that the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private streets or private alleys approved in
accordance with the provisions of this section to undertake such repair and maintenance
activities as it may determine is necessary to protect the public health, safety, or welfare
and make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such private
street,be deemed to have agreed to comply with any such order and to reimburse the city
all of its costs, including attorney fees, incurred in obtaining or enforcing any such order.
Any order entered by the council pursuant to this subsection may be enforced by a court
of competent jurisdiction and the city shall be entitled to recover its costs and attorney
fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all
respects, conform to all applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets or private alleys have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the
overall development; provided, however,that any such waiver shall not be injurious to public
health or safety.
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• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common destinations
such as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the comprehensive plan and trails and pathways master plan
pathway design as it relates to both crime prevention and function, and the responsibilities of
ownership,maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways master
plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
g. Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s) to the above
noted sites; and
h. In similar cases where deemed appropriate.
2. In addition,pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half (1/2) mile alongside a local or collector roadway in order to reach the
desired destination.
• Eagle City Code Section 9-4-1-3(A)(2): Curbs and Gutters:
2. Rolled curbs and gutters shall be required on minor streets.
• 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 9-5-4-3: Site and Structure Requirements:
C. Storage Areas: Storage areas may be provided for the anticipated needs of boats, campers and
trailers. For typical residential development, one adequate space should be provided for every
two (2) living units. This may be reduced by the city council if there is a showing that the
needs of a particular development are less.
In lieu of providing an on site storage area, the subdivider shall include provisions within the
subdivision CC&Rs that prohibit the outdoor storage of boats, campers, recreational vehicles,
and trailers and otherwise direct that all such items are to be stored off site.
D. Parking Spaces: One additional parking space beyond that which is required by title 8,
"Zoning[", of this code, may be required for every three (3) dwelling units to accommodate
visitor parking.
E. Maintenance Building: A maintenance building shall be provided of such size and in such
location as is suitable for the service needs that are necessary for the repair and maintenance
of all common areas.
In lieu of providing an on site maintenance building, the subdivider shall include provisions
within the subdivision CC&Rs that require all subdivision common area open space
maintenance to be completed though the use of a landscape maintenance firm with facilities
located outside the boundaries of the subdivision.
• 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:
b. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as
areas of critical concern by the city council or by the state of Idaho. Special consideration
shall be given to any proposed development within an area of critical concern to assure that
the development is necessary and desirable and in the public interest in view of the existing
unique conditions. Hazardous or unique areas that may be designated as areas of critical
concern are as follows:
1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Floodplain;
8. Center city;
9. Areas within the area of city impact 1 ,but outside city boundaries; and
10. Other areas of critical concern.
B. Environmental Assessment Plan: The developer shall prepare and submit an environmental
assessment along with the preliminary plat application for any development that is proposed
within an area of critical concern.
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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.
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').
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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.
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:
a. 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.
b. 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.
c. 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.
d. The bottom of all required flood openings shall be no higher than one foot(1') above
the interior or exterior adjacent grade.
e. Flood openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
f. 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.
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• 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.
E. DISCUSSION:
• The existing single-family residence located on Lot 2 is proposed to remain in its current location.
The existing structure does not conform to the setback requirements of the Mixed Use (MU)
zoning district; however, its continued use may be permitted with the approval of this application.
In the event the existing residence is demolished, removed, or substantially improved as defined in
Eagle City Code Title 10, any new structure or reconstruction on the lot should be required to
comply with the current MU zone setback standards and the provisions of the required 25' riparian
zone easement.
• The applicant is requesting a waiver from the open space standards outlined in Eagle City Code
Sections 8-6-5-2(A), (B), and (D), which require a minimum of 20% total open space, that at least
15% of the required open space be developed as active open space, and that a minimum of 50% of
all lots be directly adjacent to or have direct access to common open space. The applicant is not
proposing any designated open space or common area within the subdivision other than the
proposed private street and has therefore requested relief from these requirements. If approved, a
waiver of the minimum open space requirements should be granted with this application and the
design of the subdivision should be acceptable as proposed.
• The applicant is proposing to construct Old Valley Road as half (lh) of a 37-foot (37') wide
collector roadway with curb, gutter, and five-foot (5') wide attached sidewalk abutting the site on
Old Valley Road.
The Ada County Highway District (ACHD) report, dated July 7, 2025, includes the following as
Site Specific Condition of Approval No. 1, "Construct Old Valley Road as 1/2 of a 37-foot wide
collector roadway with vertical curb, gutter, and either 7-foot wide attached concrete sidewalk or
5-foot wide detached concrete sidewalk with a minimum 8-foot wide planter strip abutting the site
on Old Valley Road. If desired or required by the City of Eagle, construct a 10-foot wide multi-use
pathway with an 8-foot wide planter strip abutting the site on Old Valley Road."
As described within the Comprehensive Plan, the Old Valley Road area is intended to be
developed with a pedestrian-oriented design, including features such as sidewalks, street trees,
benches, and other amenities that support walkability and pedestrian activity. A 10-foot wide
multi-use pathway with an 8-foot wide planter strip more effectively implements these policies
than a standard attached or detached sidewalk. The wider facility provides sufficient space for
pedestrian amenities and is consistent with the Comprehensive Plan's objectives for Old Valley
Road to function as a pedestrian-friendly corridor accommodating both vehicular and non-
vehicular travel.
Accordingly, if the multi-use pathway option is required, the applicant should submit a revised
preliminary plat depicting a 10-foot (10') wide multi-use pathway with an eight-foot (8') wide
planter strip along the portion of Old Valley Road abutting the site, prior to submittal of a design
review application.
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• The applicant is not proposing any sidewalks interior to the subdivision and is requesting a waiver
from City Code requirements, which require that sidewalks (minimum five-feet [5'] wide) be
installed on both sides of private streets. In lieu of providing sidewalks, the applicant has proposed
to stripe the private streets with pedestrian designation markings, such as pedestrian symbols on
one side of the roadway.
• Regarding private streets, the applicant is requesting a waiver from Eagle City Code Section
9-3-2-1(I), which limits the number of residential lots that may be served by private streets within
a Planned Unit Development (PUD) to no more than ten percent (10%) of the total lot count. As
proposed, 100%df the lots within the subdivision would be served by a private street network.
• The applicant is also requesting approval for a private gated entry at Old Valley Road,which is the
sole vehicular access point to the subdivision. Pursuant to Eagle City Code,private gated access to
residential subdivisions must be specifically approved by City Council. If gated access is approved
with this application, the final design and configuration of the gate should be reviewed and
approved by the Design Review Board and City Council prior to submittal of a final development
plan and final plat application.
• Gated private streets may present operational challenges for routine services such as trash
collection,mail delivery, utility maintenance, and parcel delivery. The applicant has not submitted
documentation confirming that service providers — namely Hardin Sanitation and the US Postal
Service—have reviewed the access plan and verified that their operational needs can be met. If the
gated concept is approved, to avoid future access conflicts and ensure continuity of essential
services, the applicant should obtain written confirmation from all applicable service providers
(specifically Hardin Sanitation and the US Postal Service, at minimum), verifying that the
proposed private street and gated access configuration are acceptable for the agencies' operational
needs.
• The proposed preliminary plat shows a thirty-foot (30') wide private street section to serve all
residential lots within the subdivision. Pursuant to Eagle City Code Section 9-3-2-1(B)(2), private
streets are required to include vertical curbing when the total width of the street section is less than
thirty-four feet(34').As proposed, the street section does not include vertical curbing.
While the applicant's design meets the required travel lane width, the absence of vertical curbing
on a 32-foot wide street is a deviation from the standard design criteria. However,Eagle City Code
Section 9-3-2-1(E) grants the City Council discretion to approve alternative private street
configurations based on the specific use and site context, provided that the design ensures safe,
convenient, and effective movement of vehicular and pedestrian traffic.
If the City Council finds that this deviation from private street standards is appropriate, a waiver of
Eagle City Code Section 9-3-2-1(B) should be granted with this application, and the design of the
private streets within Angler's Hamlet Subdivision should be acceptable as proposed.
• The proposed Landscape and Fencing Plan, date stamped by the City on May 22, 2025, shows a
landscaped planting area on the north perimeter of both Lots 5 and 6, Block 1 (labeled Lots 4 and
6, Block 1 of the revised preliminary plat, date stamped by the City on October 2, 2025) adjacent
to Old Valley Road. The preliminary plat does not depict an easement that ensures access to the
landscape improvements that would allow for the Homeowner's Association, or its assigns, to
access and maintain the landscape area. The applicant should include a landscape and access
easement along the northern boundaries of Lots 4 and 6, Block 1, to allow for perpetual upkeep
and maintenance of the landscape improvements adjacent to Old Valley Road. The easement
should be shown and depicted on a revised preliminary plat prior to the submittal of a design
review application and should be included on the final plat.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
October 20, 2025, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by two (2)individuals who indicated:
• The irrigation ditch on the subject property (owned by the Ballantyne Ditch Company) is in
disrepair which is impeding downstream properties from receiving irrigation water.
• A significant number of trees on the subject property are dead or fallen, which is contributing to
the deterioration of the irrigation ditch and the inability of irrigation water to reach downstream
property owners.
• The driveway access to the portion of the property which is proposed as Lot 1, Block 1, of the
subdivision is in disrepair.
• A storage facility on Lot 6,Block 1, should not be permitted.
E. Rebuttal was presented to the Commission by the applicant who indicated the following:
• Four (4) property owners from the surrounding area attended the required neighborhood meeting
for this application. The meeting proceeded in an orderly manner and no significant opposition or
contentious discussion occurred.
• The irrigation ditch located on and adjacent to the property is currently in disrepair due to
burrowing activity and associated soil instability. To address this concern, the applicant intends to
install a tile system within the ditch concurrent with subdivision construction to improve
functionality.
• The applicant noted that the property contains a historic artesian well, reportedly constructed circa
1920, with a measured discharge of approximately 30-gallons per minute. This water source
contributes to soil saturation, which may have resulted in instability and the loss of several mature
trees during wind events.
• All trees will be evaluated by a qualified arborist who will determine which trees are safe to
remain and which should be removed and mitigated.
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• The concept for a potential storage building on Lot 6,Block 1, is not a part of this application. Any
such structure would be subject to further review and approval by the City, and would be regulated
through the subdivision's Covenants, Conditions, and Restrictions(CC&Rs), if pursued.
• Upon completion of the subdivision improvements, all residences within Angler's Hamlet
Subdivision will access their properties from the newly constructed private road. The existing
driveway, identified as being in disrepair, will no longer serve as an access point once the new
infrastructure is completed. Ongoing maintenance of the private road will be the responsibility of
the homeowners' association established for the subdivision.
• In response to written public comments, the applicant reported coordination with City staff
regarding potential property maintenance concerns. Following a site visit by the City's
Development Compliance Inspector, a limited presence of noxious weeds was identified. The
applicant has committed to removing the weeds when weather conditions allow. The applicant
further indicated that vehicles currently stored on-site will be sold, removed, or stored in
compliance with City Code and that efforts are underway to resolve all outstanding code
enforcement matters.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on the information provided by
staff and the testimony provided. A video of the deliberation can be found at the following link:
Granicus time: 01:20:24: https://eagle-id.granicus.com/player/clip/2150
COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
The Commission voted 4 to 0 (McCauley recused) to recommend approval of RZDA-2025-06 for a
rezone from MU-DA (Mixed Use with a development agreement) to MU-DA-P (Mixed Use with a
development agreement - PUD) with the conditions of development provided within the Commission's
findings of fact and conclusions of law document, dated December 16,2025.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (McCauley recused) to recommend approval of
CUP-2025-04/PPUD-2025-04/PP-2025-05 for a conditional use permit, preliminary development plan,
and preliminary plat for Angler's Hamlet Subdivision with the site specific conditions of approval and
standard conditions of approval provided within the Commission's findings of fact and conclusions of
law document, dated December 16,2025.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on November 25, 2025, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the application was presented to the Council by no one.
C. Oral testimony in opposition to the application was presented to the Council by no one.
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D. Rebuttal was presented to the Council by the applicant who indicated the following:
• The applicant requested consideration of a two-phase development plan. Phase 1 would include
the construction of Lots 3 & 4, Block 1, a portion of the improvements to Old Valley Road, and
associated infrastructure improvements. The applicant anticipates strong market demand and
believes that the sale of Phase 1 will generate sufficient funding to complete Phase 2
improvements. Construction of Phase 1 would commence immediately after approval of the
construction(engineered)drawings for the development. Phase 2 construction is projected to begin
the following year, or within approximately 12 to 18 months after completion of Phase 1.
• The applicant requested a waiver of the standard concrete sidewalk requirement. Instead of
traditional sidewalks, the applicant proposed installation of a natural-surface pedestrian pathway
consisting of a pit-run base, 3/4-inch gravel, and approximately four-inches (4") of red cinder
material, similar in texture and appearance to a running track surface. The applicant cited limited
anticipated pedestrian and vehicular traffic within the subdivision and expressed a preference for a
pathway design that maintains a natural aesthetic consistent with the river-front setting.
• The applicant acknowledged the presence of algae growth within the existing ponds on the
property. To address this concern, the applicant intends to install and operate pond aeration
systems during development to improve water circulation and reduce algal accumulation.
• The applicant clarified that maintenance of the portion of the Ballentyne Ditch located on the
subject property is the applicant's responsibility. The applicant intends to tile this segment of the
ditch during construction of the subdivision to improve function and minimize seepage. The
Ballantyne Ditch Company retains maintenance responsibility for the off-site portions of the ditch
located along West Old Valley Road,outside the boundaries of the subject property.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council made a motion based on the information provided by staff
and the testimony provided. A video of the deliberation can be found at the following link:
Granicus time: 02:10:40: https://eagle-id.granicus.com/player/clip/2163?meta id=114624
COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve RZDA-2025-06 for a rezone from MU-DA (Mixed Use with a
development agreement) to MU-DA-P (Mixed Use with a development agreement - PUD) with the
following conditions to be placed within a development agreement:
3.1 The maximum number of residential lots permitted on the Property shall be five(5).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines, 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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3.4 The conditions, covenants and restrictions (CC&Rs) for the Property shall contain at least the
following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, 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) A maintenance manual for the private streets requiring the association to have the duty to
maintain the private streets, including repair and replacement of asphalt and sidewalks,
provisions for snow removal from the road, and the planting and maintenance of any
landscape planter islands within the subdivision, in perpetuity.
(d) A requirement that the homeowner's association work with Veolia Water of Idaho to obtain a
contractor for the operation and maintenance of all fire hydrants located adjacent to the private
streets. The homeowner's association shall be responsible for forwarding all maintenance and
inspection records to the Eagle Fire Department annually.
(e) A requirement for all fencing located adjacent to open space and corner lots to be open-style
such as wrought iron, extruded aluminum (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.
(f) A requirement that the 10-foot (10') wide pond maintenance easement located around the
ponds in Lots 3 and 4,Block 1, shall remain clear of any encroachments.
(g) 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.
(h) 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.
(i) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Angler's Hamlet Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat.
(j) 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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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.
The existing residence located within Lot 2, Block 1 shall be permitted to remain in its current
location. However, if the residence is demolished, removed, or substantially improved as defined in
Eagle City Code Title 10, all structures, additions, or reconstructions shall comply with the setback
requirements of the Mixed Use (MU) zoning district and with the standards and restrictions of this
riparian zone easement.
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.
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 final 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 fmal plat.
3.10 The owner shall connect the subject property to central water service prior to the City Clerk signing
the final plat.
3.11 The 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.
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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 "No Parking Signs" shall be installed on one or both sides of all private streets, as required by the
Eagle Fire Department. Any required signs shall be installed prior to the City Clerk signing the final
plat.
3.16 If the Owner utilizes City of Eagle Municipal Water to serve the Property, the Owner shall pay all
associated water capitalization (CAP) fees for both the preliminary and final plat, in accordance
with the requirements of Resolution 24-03.
3.17 Angler's Hamlet Subdivision shall be constructed in one(1)phase.No phasing plan is approved as
part of this development.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CUP-2025-04/PPUD-2025-04/PP-2025-05 for a conditional use
permit, preliminary development plan, and preliminary plat for Angler's Hamlet Subdivision with the
following Planning and Zoning Commission recommended site-specific conditions of approval and
standard conditions of approval, with underlined text to be added by the Council and strikethrough text to
be deleted by the Council:
1. Comply with all conditions within the development agreement for rezone application
RZDA-2025-06.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City,whichever occurs first.
4. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line and along the frontage of Old Valley Road, or
as approved by the Design Review Board. The trees shall be located within an eight foot (8') wide
landscape strip between the ten-foot (10') wide concrete sidewalk and the curb along Old Valley
Road or within the private residential lots along the private streets. Any and all drainage swales
and/or seepage beds shall be placed so as to not interfere with the required placement of street trees.
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. Angler's Hamlet 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 comply with the site specific conditions as outlined in the Parks, Pathways, and
Recreation Commission action report, dated September 19, 2025. The required pathway and
improvements to West Old Valley Road shall be completed with the first phase of development prior
to the City Clerk signing the first fmal plat.
10. 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 Angler's Hamlet.
11. The applicant shall be required to provide a revised preliminary plat with a plat note that states, "This
subdivision is subject to the terms of ACHD License Agreement Instrument No.
." The revised preliminary plat shall be provided prior to submittal of a final
development plan and final plat application.
12. If any portion of the storm water drainage system is located within the public right of way, the
applicant shall be required to provide a revised preliminary plat with a plat note that states, "A portion
of Lot(s)_,Block(s)_, is servient to and contains the ACHD storm water drainage system. The lots
are encumbered by the certain first amended master perpetual storm water drainage easement
recorded on November 10, 2015, as Instrument No. 2015-013256 within the official records of Ada
County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The
Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section
40-2302 of Idaho Code. The Master Easement is for the operation and maintenance of the storm water
drainage system." The revised preliminary plat shall be provided prior to submittal of a final
development plan and final plat application.
13. The applicant shall provide a revised preliminary plat with plat note#12 revised to state, "Portions of
the subdivision are located within a Special Flood Hazard Area (SFHA) as identified on the Flood
Insurance Rate Map (FIRM), Panel Number 16001C0134J, (in effect at this time of final plat
approval) and are subject to the regulations of Eagle City Code Title 10, Flood Control. Sheet
flooding can and will occur and floods of greater magnitude may inundate areas outside of the
identified floodplain and floodway boundary lines"prior to submittal of a final development plan and
final plat application.
14. The applicant shall provide a revised preliminary plat with a plat note that states, "Driveways are
prohibited across all common lots."The revised preliminary plat shall be submitted prior to submittal
of a final development plan and fmal plat application.
15. The applicant shall provide a revised preliminary plat with plat note #18 revised to state, "The
pressurized irrigation system shall be owned and maintained by the Angler's Hamlet Subdivision
Homeowner's Association, or its assigns." The revised preliminary plat shall be submitted prior to
submittal of a final development plan and final plat application.
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16. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master
Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber Department
prior to submittal of a final plat application. Upon completion of the installation of the municipal
fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates
provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk
signing the final plat.
17. Basements are prohibited in residential structures located within the Special Flood Hazard Area.
18. The applicant shall include a landscape and access easement along the northern boundaries of Lots 4
and 6, Block 1, to allow for perpetual upkeep and maintenance of the landscape improvements
adjacent to Old Valley Road. The easement shall be shown and depicted on a revised preliminary
plat prior to the submittal of a design review application and shall be included on the final plat.
19. The applicant shall include an access easement on Lot 6, Block 1, (or wherever the cluster mailbox
unit is ultimately located) to allow for access to the mailbox by the United States Postal Service and
residents within the Angler's Hamlet Subdivision, in perpetuity. The easement shall be located on the
final plat at the time of the submittal of a final plat application to the City.
The following conditions of approval (20-23) 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:
20. teed,a waiver of the minimum open space requirements (Eagle City Code Section 8-6-5-2) is
granted with this application and the design of the subdivision shall be acceptable as proposed.
21. If--appRwed3 a waiver of the requirement to install sidewalks on both sides of each internal street
(Eagle City Code Section 9-4-1-7) is granted with this application and a-sidewalk a five-foot (5')
wide natural-surface pathway shall only be required on one (1) side of the proposed private street.
The applicant shall submit a revised preliminary plat showing and a meandering five-foot(5')
wide sidewalk natural-surface trail on either side of the proposed private street prior to submittal of a
design review application. The natural surface trail shall be permitted to be designed with a red cinder
tread or similar natural material, subject to approval by the City Engineer to ensure durability and
confirm that the material provides a stable,walkable,and pedestrian-safe surface.
22. If approved a waiver of Eagle City Code Section 9-3-2-1(I) is granted with this application, and all
proposed residential lots are permitted to be served by private streets.
23. If private gated access is approved, the final design and configuration of the gate shall be,reviewed
and approved by the Design Review Board and City Council prior to submittal of a final plat
application.
24. , to avoid future access conflicts and ensure continuity of essential
services, the applicant shall obtain written confirmation from all applicable service providers
(specifically, the Eagle Fire Department, Hardin Sanitation, and the US Postal Service, at minimum),
verifying that the proposed private street and gated access configuration are acceptable for the
agencies' operational needs prior to submittal of a final development plan and final plat application.
25. If-approved-5 a waiver of Eagle City Code Section 9-3-2-1(B)(2) is granted with this application, and
the design of the private streets within Angler's Hamlet Subdivision shall be acceptable as proposed.
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The following conditions of approval(26-43) reflect the recommendation made by the City of Eagle
Parks,Pathways, and Recreation Commission at the meeting on June 19,2025:
26. The applicant shall submit a revised preliminary plat depicting a 10-foot (10') wide detached multi-
use pathway with an eight-foot (8')wide planter strip (between the back of curb and pathway) along
the portion of Old Valley Road abutting the subject property, prior to submittal of a design review
application.
27. All required pathways shall be constructed, and a survey depicting the location of each pathway
within the easement must be submitted to the City prior to the City Clerk signing the final plat for
each phase. If the pathway has not been constructed at the time of final plat mylar signature, a surety
may be provided in accordance with Eagle City Code Section 9-4-2-2; however, the applicant shall
still survey the pathway location,record the associated easement, and provide the recorded instrument
number to the City upon completion of the pathway. The surety shall not be released until the
pathway has been constructed in accordance with City standards and the aforementioned
documentation has been submitted to the City.
28. 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.
29. 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.
30. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
31. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to
eliminate sharp turns or blind corners.
32. 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.
33. 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.
34. 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."
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35. 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.
36. 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.
37. Pathways and trails shall be constructed and a survey that depicts the location of each pathway or trail
located within the easement shall be submitted to the City, or a surety shall be provided, prior to the
City Clerk signing the final plat for each phase of development.
38. The applicant and future homeowners' association shall provide maintenance of all pathways, in
perpetuity.
39. Within all public access easements, the City shall reserve the right to display signage similar to what
is shown in Exhibit C below.
40. 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.
41. 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.
42. 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.
43. 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.
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.
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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 fmal 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 fmal plat, requiring that lots be so graded that all runoff runs either over
the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot
except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation 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.
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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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas,
storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved
by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
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19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle Parks, Pathways and Recreation Commission for a path
or walkway shall be approved in writing by the Eagle City Parks, Pathways and Recreation
Commission prior to approval of the final plat by the City Council.
21. 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 final 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.
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 fmal 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.
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31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years
following City Council approval the preliminary plat application shall be null and void, unless a time
extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the
ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 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.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZDA-2025-
06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided concludes that the proposed rezone is in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA-P (Mixed Use with a development agreement —
PUD) is consistent with the Mixed Use Land Use Designation within the Comprehensive Plan,
since the property will be limited to residential use within the development agreement, which is
compatible with the land uses described within the Mixed Use Land Use Designation. The
Comprehensive Plan further encourages development within this designation to proceed through
the PUD and/or development agreement process to ensure site-specific design review and
compatibility with surrounding areas.
The proposed density, as limited by the development agreement, is compatible with the density
expectations for this portion of the Park Lane Planning Area. The Planning Area envisions a
transition from mixed-use development along Old Valley Road to lower-density residential uses
to the north and toward the Boise River, which this proposal generally supports through its
limited scale and residential character. While the development does not include designated open
space, its low overall density and the use of the development agreement process provide an
opportunity for the City to ensure compatibility with surrounding land uses and conditions.
The proposal also aligns with the Park Lane Planning Area's objectives by incorporating
pedestrian-oriented design elements. Site Specific Condition of Approval No. 26 herein requires
the applicant to construct a 10-foot-wide multi-use pathway along West Old Valley Road, which
directly implements the Comprehensive Plan's objective for pedestrian amenities and
connectivity in this corridor, supporting both vehicular and non-motorized access and
contributing to the overall walkability of the area;
b. The information provided by 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 the residential uses allowed on this property under the proposed
zone. Specifically, central water service will be provided by either Veolia Water or Eagle
Municipal Water, at the applicant's discretion, 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. While streets internal to the project are proposed to be
private, West Old Valley Road, which provides access to the development, is required to meet
Ada County Highway District specifications.
The applicant has requested approval of a phasing plan for the subdivision; however, the City
Council did not approve a phased approach with this application. The Council concludes that,
given the small scale of the subdivision and the limited scope of the associated infrastructure
improvements, it is reasonable and appropriate to require the development to be completed in a
single phase. Requiring one-phase construction ensures coordinated installation of all public
facilities serving the project, including the improvements to West Old Valley Road and the
extension of central water and sewer utilities to each proposed lot.
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c. The proposed MU-DA-P (Mixed Use with a development agreement - PUD) zoning district is
compatible with the Mixed Use designation to the north. The properties immediately to the north
of the site are located within Ada County, zoned R1 (Residential—Ada County Designation), and
have not yet been annexed into the City. This context further supports the proposed zoning and
development pattern as an appropriate transitional use between existing residential development
in the County and the planned mixed-use areas within the City's jurisdiction.
The use of a development agreement in conjunction with the MU zoning designation provides a
mechanism to ensure the land use, site design, and access are compatible with adjacent properties
and consistent with the objectives of the Comprehensive Plan;
d. The MU-DA-P (Residential with a Development Agreement — Planned Unit Development)
zoning district is compatible with the designated Floodway located to the south. The subject
property's proximity to the Boise River further supports the appropriateness of a lower-density
residential use, as the Comprehensive Plan includes objectives encouraging development in this
area to be designed in a manner that protects and supports the adjacent river habitat and
ecosystem.
Development within the designated floodway and floodplain is limited pursuant to Eagle City
Code Title 10, which establishes development standards for flood-prone areas. The proposed
development avoids direct disturbance to the floodway and incorporates design elements that
comply with applicable floodplain regulations. In addition,the conditions of development and site
specific conditions of approval include provisions to ensure continued compliance with
floodplain development requirements and to preserve open space adjacent to the river corridor,
thereby supporting compatibility with the sensitive environmental conditions to the south;
e. The proposed MU-DA-P (Mixed Use with a Development Agreement — Planned Unit
Development) zoning district is compatible with the MU-DA (Mixed Use with a Development
Agreement) zoning district and Mixed Use land use designation located to the east, which is
developed as a single-family residence on an approximately five-acre parcel. The existing
residential use and large-lot character of the adjoining property provide a low-intensity land use
pattern that is consistent with the proposed development's limited density and residential form;
f. The MU-DA-P (Mixed Use with a Development Agreement—PUD) zoning district is compatible
with the unincorporated zoning designation and land use to the west,which is zoned RUT(Rural-
Urban Transition — Ada County designation) and includes large-lot and rural residential uses
within Ada County. Although the proposed density of 1.00-dwelling units per acre is higher than
the densities of the adjacent properties to the west, the land use type remains residential in nature.
Given the overall low intensity of the proposed development and the similarity in use, this
difference in density is not expected to create adverse land use conflicts or functional
incompatibilities between the properties;
g. The land proposed for rezone is located within a"Hazard Area"and"Special Area"as defined by
the Comprehensive Plan, due to the presence of 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; and
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h. Conditions established through the Development Agreement are intended to ensure that the
proposed development complies with the use allowances and dimensional standards of the MU
zoning district, thereby preventing the creation of any non-conforming lots, structures, or uses.
One existing nonconforming structure — the single-family residence on Lot 2, Block 1 — is
approved to remain in its current location. The continued use of this structure is recognized as a
lawful nonconforming condition and may remain until such time as the structure is demolished,
destroyed, or substantially improved, at which point any reconstruction or new development shall
conform to the applicable MU zoning district standards and the required riparian easement.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CUP-2025-04/PPUD-2025-04/
PP-2025-05) 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 that 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 since the
lot sizes, minimum setbacks, and other dimensional standards will conform to the MU-zoning
district as implemented by the development agreement, which ensures consistency with
surrounding land use.
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 areas.
The development is not expected to introduce new land use types or intensities that would be
incompatible with existing or future neighborhood uses.
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.
Public testimony during the public hearing identified concerns regarding the condition of the
Ballantyne Ditch located on the subject property, including damage from fallen trees, wildlife
activity, and general disrepair,resulting in reduced irrigation water flow to downstream users. As
required by Standard Condition of Approval No. 11 herein, no ditch, pipe, canal, or drain for
irrigation water or wastewater owner by an organized irrigation district, canal company, ditch
association, drainage district, or other irrigation entity shall be obstructed, rerouted, covered, or
altered in any way without prior written approval from the responsible irrigation entity.
Additionally, the applicant indicated that the portion of the Ballantyne Ditch located on the
subject property will be improved(tiled)with construction of the proposed development.
As conditioned herein, prior to final plat approval, the applicant must coordinate with the
Ballantyne Ditch Company and provide documentation of such coordination to the City Engineer.
Any necessary repairs, stabilization, or maintenance to the ditch shall be completed in compliance
with the Idaho Standards for Public Works Construction and certified by a Registered Engineer to
ensure that the flow of irrigation water is not impeded or increased beyond the carrying capacity
of the downstream ditch and that no adverse impact will occur to downstream users or properties.
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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, and
central sewer and water services, which the applicant will be required to extend at their own cost.
Street improvements to West Old Valley Road 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 project retains certain natural and environmental features that are consistent with the intent of
Eagle City Code requiring parks, ponds, open areas, and areas of special interest within PUDs.
Two existing ponds located on the property will remain and continue to serve as visual and
ecological amenities. Although these ponds are situated within buildable lots and will be privately
owned and maintained by the respective lot owners, their preservation contributes to the overall
character of the development.
In addition, the area within twenty-five feet (25') of the Boise River will be encumbered by a
riparian easement that prohibits development in perpetuity. This easement ensures long-term
protection of the river corridor and adjacent riparian habitat, supporting the Comprehensive
Plan's objectives for floodplain preservation and environmental stewardship.
Given the limited scale of the subdivision and the City's requirement that developments with
private streets be processed as PUDs, the proposal satisfies the intent of the PUD provisions by
incorporating existing natural features and permanent riparian protection measures, even though
traditional common open space areas are not provided.
h. Vehicular access will be provided by an internal private street, with external access via West Old
Valley Road. ACHD has reviewed the proposal and conditioned necessary frontage
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 not
proposed with this application and is prohibited pursuant to Eagle City Code Title 10. 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 property is designated
Mixed Use within the Comprehensive Plan and lies within the Park Lane Planning Area, which
envisions a mixture of limited commercial,professional office, and residential uses that transition
to decreased intensity toward the Boise River. The proposed low-density residential development,
at approximately 1.00-dwelling units per acre, is consistent with the Comprehensive Plan's
objectives for this area, which encourage residential development adjacent to the river to be
designed in a manner that protects and supports that habitat and ecosystem of the Boise River
corridor.
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 development agreement
in conjunction with the conditions of approval herein ensure that the setbacks, lot sizes, and
dimensional standards will be maintained in accordance with Eagle City Code,with the exception
of the existing nonconforming structure located on Lot 2, Block 1, of the proposed subdivision.
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The existing single-family residence on Lot 2, Block 1, constitutes a nonconforming structure
pursuant to Eagle City Code, as it was established and constructed prior to the current MU zoning
district setback standards. Approval of the conditional use permit associated with this application
allows for the continued use and maintenance of the existing structure in its current location.
However, in accordance with Eagle City Code provisions governing nonconforming uses, if the
structure is demolished, destroyed, or substantially improved in the future, any reconstruction or
new development on the lot must conform to the applicable MU zoning district standards,
including required setbacks and the twenty-five foot(25')riparian easement established along the
Boise River.
1. The applicant has not requested deviations from underlying zoning dimensional standards (with
the exception of the existing residence located in Lot 2, Block 1, and addressed in item k. above),
but proposes private streets throughout the site, which is permitted with the approval of this
application. This design feature supports the PUD as an appropriate tool for regulating land use in
this area.
In case of large scale development(incorporating eleven (11) or more lots or dwelling units):
m. Public services shall be provided to the development including,but not limited to, fire protection,
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 proposed development can be adequately served by public water facilities. The property's
location within the potential service area of both Veolia Water and the City of Eagle municipal
water system provides multiple options for connection to central water service. Should the
applicant elect to utilize City of Eagle municipal water, compliance with condition of
development 3.16 herein and payment of all applicable capitalization fees in accordance with
Resolution 24-03 will ensure consistency with the City's water service and infrastructure
requirements. Regardless of which provider is ultimately selected, the applicant shall be
responsible for all costs associated with extending water service to the property, including any
necessary infrastructure improvements or connection fees required by the chosen utility provider.
Sewer
Central sewer service will be provided by Eagle Sewer District upon completion of annexation
and infrastructure extension.
Road Construction
All internal streets are proposed to be private and will be owned and maintained by the Angler's
Hamlet Subdivision Homeowner's Association in perpetuity. ACHD has conditioned the
improvement of the frontage along West Old Valley Road.
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Open Space
The applicant has requested a waiver from the open space requirements typically applicable to
Planned Unit Developments, pursuant to Eagle City Code. The Council concludes that this
request is justified by the limited scale of the proposed subdivision and the fact that the project
was required to be processed as PUD solely due to the inclusion of private streets, rather than the
scale or intensity of the development.
Although no designated common open space areas are proposed, the subdivision retains natural
site features that support the intent of the City's open space standards and the Comprehensive
Plan. Two existing ponds will remain on the property as visual and ecological amenities, and a
twenty-five foot (25') wide riparian easement along the Boise River will be preserved in
perpetuity,prohibiting any future development within this area.
Accordingly, with the inclusion of the riparian easement and preservation of existing ponds, and
given the subdivision's limited size and low residential density, the waiver from the standard
open space requirements satisfies the intent of the City's regulations and remains in substantial
conformance with the Comprehensive Plan's goals for environmental stewardship and compatible
development along the Boise River corridor.
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.
In case of the incorporation of private streets or private alleys:
n. The site is zoned Mixed Use (MU) but functions primarily as a low-density residential enclave
with limited surrounding traffic activity. The applicant's request for a private, gated street layout
reflects the site's enclosed character and limited connection opportunities to adjacent parcels. The
configuration and intended use as a small, private residential development creates a circumstance
where private streets enhance the overall design by allowing controlled access, compatible
aesthetics, and reduced impacts to public infrastructure.
o. The proposed internal street system provides safe and efficient vehicular circulation for residents
and service vehicles within the subdivision. A five-foot(5')wide meandering natural-surface trail
is required to be constructed on one side of the internal private street, ensuring pedestrian
connectivity while maintaining an appropriate residential scale.
p. The project provides adequate access for emergency and service vehicles, as confirmed by the
Eagle Fire Department. Approved turnarounds are incorporated at the terminus of the private
street to facilitate emergency response and solid waste collection. The subdivision includes only
five single-family residential lots, and therefore, dual access points are not required under
applicable fire code standards. The proposed gate will be equipped with Fire Department-
approved access controls to ensure emergency entry at all times.
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q. Access to the subdivision is provided solely from West Old Valley Road, a public roadway
constructed to Ada County Highway District(ACHD) standards. The proposed private street will
not alter or diminish the function of the existing public road network. Due to its small scale and
single point of entry, the development will not adversely affect adjacent properties or the area's
overall travel patterns. ACHD has reviewed the proposal and provided conditions to ensure
compliance with adopted roadway specifications.
r. 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.
s. The proposed private street connects to a single public street — West Old Valley Road — and
terminates within the subdivision, preventing through traffic or shortcutting between public
streets.
t. The alignment of the proposed private street does not interfere with or disrupt the planned or
existing continuity of the public street system.
u. A homeowners' association (HOA) will be established as part of the subdivision's covenants,
conditions, and restrictions (CC&Rs) to ensure long-term repair and maintenance of the private
street, natural surface trail, and associated improvements. The HOA will be responsible for
funding,management, and enforcement of maintenance obligations, thereby ensuring compliance
with city requirements for ongoing functionality and safety of private infrastructure.
v. The proposed private street is located within a Planned Unit Development (PUD), as required by
City Code. The private street will serve all five (5) residential lots, exceeding the typical ten
percent (10%) limitation, however, the City Council may suspend or relax this limitation where
appropriate. Based on the limited scale and configuration of the development, the Council finds
that the extent of private street use is proportionate to the project size and consistent with the
purpose of the PUD provisions, which allow flexibility without adverse impacts to the
transportation network or surrounding properties.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 16th day of December 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,Mayor
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