Findings - CC - 2026 - PPFP-2025-01 & CUP-2025-06 - A Combined Preliminary/Final Plat for Academy Valley Sub and a Conditional Use Permit for a Waiver of Eagle Code Section 9-4-1-7 (A&F)BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A COMBINED PRELIMINARY/FINAL PLAT )
FOR ACADEMY VALLEY SUBDIVISION )
AND A CONDITIONAL USE PERMIT FOR A )
WAIVER OF EAGLE CITY CODE SECTION )
9-4-1-7(A & F) FOR GREENCASTLE )
BUILDING, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPFP-2025-01 & CUP-2025-06
The above -entitled combined preliminary/final plat and conditional use permit applications came before
the Eagle City Council for their consideration on February 10, 2026, at which time public testimony was
taken, and the item was continued to February 24, 2026, at which time their decision was made. 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:
Greencastle Building LLC, represented by Jim Milian with South Beck & Baird, is requesting
combined preliminary/final plat approval for Academy Valley Subdivision, a 2-lot (2-buildable)
residential subdivision and conditional use permit approval for a waiver of Eagle City Code Section
9-4-1-7(A & F) to not require the installation of a 5-foot-wide sidewalk or a 5-foot-wide striped
path on the north side of West Rush Road. The 4.84-acre site is located on the south side of West
Rush Road, approximately 1,620-feet east of North Ballantyne Lane at 1439 West Rush Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 1439 West Rush Rd, Eagle, ID at 6:00 PM, on March 13,
2025, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on June 25, 2025.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application 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 1, 2025. Notice of this public hearing was mailed to property owners within
five -hundred feet (500-feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on October 1, 2025. Requests for agencies'
reviews were transmitted on July 10, 2025, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on October 2, 2025.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 23,
2026. Notice of this public hearing was mailed to property owners within five -hundred feet (500-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on January 21, 2026. The site was posted in accordance with the Eagle
City Code on January 19, 2026.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
A plat for Academy Place Subdivision was recorded with Ada County in 1908.
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E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Estate Residential
R-E (Residential -Estates)
Single-family
dwelling
Proposed
No Change
No Change
Two single-family
dwellings
North of site
Estate Residential
R-E (Residential -Estates)
Single-family
dwellings
South of site
Large Lot
R-E (Residential -Estates)
Agriculture
East of site
Estate Residential
R-E (Residential -Estates)
Single-family
dwellings
West of site
Estate Residential
R-E (Residential -Estates)
Single-family
dwellings
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
H. SITE DATA:
Total Acreage of Site — 4.84-acres
Total Number of Lots -
Total Number of Units -
Residential - 2
Commercial - 0
Industrial - 0
Common - 0
Single-family - 2
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
Dwelling Units Per Gross Acre
0.4 1 -dwelling units
1-dwelling unit per two acres
per acre
(0.50-units per acre, maximum)
Minimum Lot Size
1.81-acres
1.80-acres (minimum)
Minimum Lot Width
295-feet
100-feet
Minimum Street Frontage
36-feet
35-feet
Total Acreage of Common Area
0-acres
n/a
Open Space
Percent of Common Area Open
0%
n/a
Space as Active OS
Open space is not required for
subdivisions within the R-E zoning
district that are not also a PUD.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Open Space:
Pursuant to the requirements of Eagle City Code Section 9-3-8 (D), a minimum amount of open
space is not required since this is a residential subdivision located within the R-E zoning district.
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. Lots are required to be graded so that all runoff
runs either over the curb, or to drainage easements, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 10-feet-wide.
Fire Hydrants and Water Mains:
No new fire hydrants are proposed with the applications.
On -site Septic System:
On -site septic is proposed to remain. The applicant is proposing individual septic systems to be
utilized on each lot.
On -site Well:
On -site well is proposed to remain. The applicant is requesting that the City Council permit the
continued use of well water pursuant to Eagle City Code Section 8-2-1.
Pressurized Irrigation:
The applicant has requested a waiver of the requirement that a pressurized irrigation plan be
submitted and approved in order to continue utilizing the existing flood irrigation system that has
historically irrigated with the property from the Farmers Union canal.
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Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development
of the site, any historical artifacts are discovered, state law requires immediate notification to the
state.
J. STREET DESIGN:
Private or Public Streets:
No new streets, street widening, or dedication of right-of-way to the Ada County Highway District
is proposed or required with this application. The proposed subdivision will be accessed by two
private driveways located on Lot 1 and 2, Block 1, at West Rush Road.
Applicant's Justification for Private Streets (if proposed):
No private streets are proposed within these applications.
Blocks Less Than 500-feet:
No blocks less than 500-feet are proposed within these applications.
Cul-de-sac Design:
No cul-de-sac streets are proposed within these applications.
Sidewalks:
The applicant is requesting conditional use permit approval for a waiver of Eagle City Code Section
9-4-1-7(A) which requires the construction of sidewalks within a subdivision.
Curbs and Gutters:
No curbs or gutters are proposed within these applications.
Lighting:
No lighting is proposed within these applications. Streetlights are required within a subdivision,
unless otherwise determined by the zoning administrator. To remain consistent with current
development on West Rush Road, no streetlights are determined to be required.
Street Names:
No new streets are proposed within these applications.
K. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
No sidewalks are proposed within these applications.
Bike Paths:
No bike paths are proposed within these applications.
L. PUBLIC USES PROPOSED:
No public uses are proposed with these applications.
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M.
0
A
P.
N
R.
S
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — no
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — along the eastern and southern property lines, and within Lot 1, Block 1
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — none known
Unique Plant Life — none known
Unstable Soils — none known
Wildlife Habitat — none known
Historical Sites — none known
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
A natural features analysis was not submitted with these applications.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Police service is provided by the Eagle Police Department. The site is located within the Eagle Fire
District service boundary. The site is not annexed into the Eagle Sewer District and service is not
available nearby. The applicant is requesting to continue utilizing septic. The site is located within
Veolia Water's service area, however connection to the water system is not available nearby. The
applicant is requesting to continue utilizing the well on the property.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
City Engineer
Ada County Highway District
Central District Health
Eagle Fire Department (follow-up letter dated February
staff report)
Eagle Sewer District
Idaho Transportation Department
Idaho Department of Environmental Quality
LETTERS FROM THE PUBLIC:
18, 2026, included as an addendum to the
No letters have been received for this application.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular -facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
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A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. 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; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of
major importance.
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 COUINCIL FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R-E RESIDENTIAL -ESTATES DISTRICT: To provide opportunities for very low density
residential land use compatible with the topography and public service capacities. Gross
density shall not exceed one single-family dwelling unit per two (2) acres.
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R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi -family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and parcel division applications
submitted after the effective date hereof in all zoning districts except the city council may
permit the use of individual well(s) and septic system(s) in the A A-R and R-E zoning districts
won a determination that the public health safety, and welfare will not be negatively impacted.
Whenever there is a conflict or difference between the provisions of this section and those of
other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail. When a property is being proposed for rezone to the R zoning district, a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the
city council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
District
R-E
Minimum Yard Setbacks
Note Conditions A To E*
Minimum
Maximum Lot Area
Lot (Acres Or
Maximum
Interior
Street
Covered F
Square
Height Front
Rear Side
Side
And J*
Feet) H*
35' 50'
30' 20'
35'
15%
1.8 acres
Minimum
Lot
Width I*
100'
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-2-3(B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
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• Eagle City Code Section 9-4-1-5
Unless determined otherwise by the city council as part of the design of the subdivision, all
subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
• Eagle City Code Section 9-4-1-7
A. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or at
the building setback line, is over one hundred feet (100'), and the street is designated a
local street, sidewalks on only one side of the street may be allowed. This sidewalk
exception shall not be permitted on collectors, arterials, or section line streets.
F. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres
and at the council's discretion, a five foot (5') wide striped path (with pedestrian designation
markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal
roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within
five feet (5') of the edge of roadway.
• Eagle City Code Section 94-1-9
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water right
unless a waiver, as outlined herein, is approved by the city council.
D. DISCUSSION:
The provided preliminary plat does not include a proposed public sidewalk along West Rush
Road. Eagle City Code Section 9-4-1-7 states that, "Sidewalks, a minimum 5-feet-wide, shall
be required on both sides of the street; except, that where the average width of lots, as measured
at the street frontage line or at the building setback line, is over one hundred feet
(100% sidewalks on only one side of the street may be allowed" and that "In zoning districts
which prohibit densities greater than one dwelling unit per two (2) acres and at the council's
discretion, a 5-foot-wide striped path (with pedestrian designation markings such as diamonds
or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu
of constructing sidewalks."
The applicant is requesting that the requirement for a sidewalk as well as the provision to
construct a striped path in lieu of sidewalks be waived by the City Council through conditional
use permit approval. No portions of West Rush Road currently contain sidewalks and there are
no known plans by ACHD to widen or modify the street to include sidewalks along West Rush
Road.
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0 The applicant is not proposing a pressurized irrigation system for Academy Valley Subdivision.
Pursuant to Eagle City Code Section 9-4-1-9(C), all residential dwelling units and subdivision
common areas shall be provided with a pressurized irrigation system unless a waiver is
approved by the City Council. The applicant is requesting a waiver of the pressurized irrigation
system to allow the property owners to continue the use of gravity irrigation. In a letter received
by the City on September 17, 2025, the City Engineer stated that the pressurized irrigation
report includes calculations showing that the development has sufficient water shares and that
the City shall determine of the pressurized irrigation waiver is acceptable. Unless granted a
pressurized irrigation waiver in accordance with ECC 9-4-1-9(C)(2), the applicant should
comply with all necessary requirements stated within Eagle City Code Section 9-4-1-9(C).
• The applicant is proposing to retain use of the existing well and septic system that is currently
utilized by the existing residence on part of the property. The applicant is proposing to install
a new septic system and well for the additionally proposed lot. Eagle City Code Section 8-2-1
states in part that, "Centralized water and sewer facilities are required for all subdivision and
parcel division applications submitted after the effective date hereof in all zoning districts
except the city council may permit the use of individual well(s) and septic system(s) in the A,
A-R and R-E zoning districts upon a determination that the public health, safety, and welfare
will not be negatively impacted."
In a transmittal received by the City on July 24, 2025, Central District Health's only comments
were that a land development application, fees, test holes, and a full engineering report are
required. If City Council permits the use of wells and septic systems on the property, the
applicant should meet all the requirements of Central District Health.
• West Rush Road, which takes access from North Ballantyne Lane, currently provides access to 43
residential dwellings and terminates in a cul-de-sac with no secondary access. Pursuant to
International Fire Code 2018 Appendix D, Section D107.1, secondary access is required when
dwelling units in a residential development exceed 30. Citing this requirement in a letter dated
September 8, Eagle Fire District stated it is not in support of the proposed subdivision.
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 public testimony was taken, the public hearing was closed. The Commission
made a motion to continue the applications to the November, 17, 2025, Planning and Zoning
Commission meeting. The Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual who indicated:
• The Fire Department's determination is inconsistent with previous letters regarding subdivisions
and lot splits on West Rush Road.
• The proposed subdivision will be a great place to live.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual who indicated:
• The subdivision is not supported by Eagle Fire because it doesn't comply with the fire code
requirement for secondary access. Adding another residential unit to the dead-end road poses a
safety risk by not offering additional emergency access.
• The closest fire hydrant is approximately half a mile from the site.
• The subdivision is not consistent with the Comprehensive Plan's goal of maintaining a rural feel and
avoiding undue concentration of population in the City.
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• West Rush Road is a narrow, rural road that already struggles to support the transportation and
emergency needs of the residents.
• The proposed development is not aligned with the small-scale agriculture use described in the Estate
Residential zoning designation.
• There is wildlife that lives harmoniously on the site with neighboring properties.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by no one.
E. Rebuttal was presented to the Commission by the applicant who indicated the following:
• The Comprehensive plan designation of Estate Residential allows for density up to one unit per two
acres, which the proposed subdivision complies with. Lot sizes in the Estate Residential designation
support rural land uses such as owning farm animals.
• The testimony against the subject subdivision was delivered by an individual who lives on a property
on West Rush Road that is a product of a lot split similar to Academy Valley.
• A two -lot subdivision is not undue concentration of population because the Comprehensive Plan
supports density of one unit per two acres in this area.
• Eagle Fire supported the most recent subdivision on West Rush Road. The applicant is requesting
an equal determination as it relates to previous property divisions on this road.
• The applicant is willing to have a condition of approval to require fire sprinklers installed with the
home built on the new lot produced by this subdivision.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony received.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of PPFP-2025-01 and CUP-2025-06 for a combined
preliminary and final plat for Academy Valley Subdivision and a conditional use permit for waiver of Eagle
City Code Section 9-4-1-7(A & F) with the site specific conditions of approval and standard conditions of
approval included in the findings of fact and conclusions of law document dated December 1, 2025.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on February 10, 2026, at which
time public testimony was taken. The applications were continued to February 24, 2026, so that the
applicant could meet with Eagle Fire District to address their concerns regarding secondary access, fire
sprinklers and a driveway turnaround. The application then came before the City Council on February
24, 2026, where new information regarding Eagle Fire's recommendation was presented to the City
Council. No public testimony was presented to the Council on February 24, 2026, and the public hearing
was closed, at which time the City Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by one (1) individual who
indicated:
• The Fire Department's determination is inconsistent with previous letters regarding subdivisions
and lot splits on West Rush Road.
• West Rush Road provides a wide road for fire trucks to access the neighborhood.
• The proposed subdivision will be a great place to live.
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C. Oral testimony in opposition to the application was presented to the City Council by one (1) individual
who indicated:
• The subdivision is not supported by Eagle Fire because it doesn't comply with the fire code
requirement for secondary access. Adding another residential unit to the dead-end road poses a
safety risk by not offering additional emergency access.
• The applicant should build a road that connects to Washam Road to the south as a secondary access
to the neighborhood.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the City Council
by one (1) individual who indicated:
• The applicant's requests for waivers of pressurized irrigation, central sewer and water should not be
granted.
• Waiving the requirement for sidewalk and landscaping would be consistent with the aesthetics of
the rest of the neighborhood.
• Lack of the Fire Department's support is concerning.
E. Rebuttal was presented to the City Council by the applicant who indicated the following:
• Eagle Fire supported the most recent subdivision on West Rush Road, only requiring fire
sprinklers. The applicant is requesting an equal determination as it relates to previous property
divisions on this road.
• The location of the site is not in the foothills, and does not have the same conditions as the locations
of the fires mentioned by the individual who testified about the increased safety risk of having
another home on West Rush Road.
• The applicant's intent is to irrigate the site with pressurized irrigation.
F. On February 24, 2026, a letter from Eagle Fire District, dated February 18, 2026, was entered into the
record to update the Fire District's response to the proposed applications. The letter (attached as an
addendum to the staff memorandum, dated February 18, 2026) states that the District is in support of
the subdivision with the condition that fire sprinklers are required in any new dwelling unit (primary
or accessory) constructed on Lots 1 and 2, Block 1, within Academy Valley Subdivision and an
approved fire apparatus turnaround is required for any driveway over 150-feet in length.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PPFP-2025-01 and CUP-2025-06 for a combined preliminary and
final plat for Academy Valley Subdivision and a conditional use permit for waiver of Eagle City Code
Section 9-4-1-7(A & F) with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval with text shown with underline to
be added by the Council and text shown with strikethrough to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first.
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3. All living trees shall be preserved, unless otherwise approved by the City. An arborist report and
detailed landscape plan and showing how the trees will be integrated into the private lots shall be
submitted to the City prior to City Clerk signing the final plat. Construction fencing shall be
installed to protect all trees that are to be preserved, prior to the commencement of any construction
on the site.
4. Pursuant to Eagle City Code Section 9-4-1-10, the applicant shall demonstrate that storm water
from individual lots is handled by a storm drainage facility or shall place a note on the final plat
stating that all storm water from the individual lots is to be retained on the individual lots prior to
the City Clerk signing the final plat.
5. The Academy Valley Subdivision shall remain under the control of one Homeowners Association.
6. The applicant shall provide a copy of the Central District Health (CDH) application and engineering
report or correspondence from CDH indicating the subdivision has been reviewed and approved by
CDH prior to the City Clerk signing the final plat.
7. The applicant shall provide a copy of the subdivision CC&R's to the City for review and approval
by the city attorney prior to the City Clerk signing the final plat.
The following conditions of approval reflect requests made by the applicant for waivers or deviations
from standard code requirements, as stated in the applicant's narrative, date stamped June 25, 2025:
8. The requested waiver of Eagle City Code Section 9-4-1-7(A&F) associated with required sidewalks
is hereby granted.
9. The appliesant submitted a pressurized iffigatien waiver- stating an a4temative ii+igatiefi defive
t1, . 7 (gravity ..:+..: ♦:...1 ♦l.e '+ 1 1 r� 7 will .,+:., o + . be „t:t: �o a TF Oka methed (gravity ifigation) tv�sicc useady exists aac�=oiill If Oka u s�vcr
r-eqtiest is appFevedby the City , The pressurized irri ag do waiver request is hereby granted
with the following conditions:
9.1 The applicant shall utilize irrigation pumps located within irrigation weir(s) on the property
to provide pressurized water for sprinkling the lots within the subdivision.
9.2 The applicant shall not utilize flood irrigation to water the lots within the subdivision.
OR(if the City Cooneil does not appr-eve ther-e"est forwaiven..)
The appheaa4 shall stibmit a revised pr-elifniaar-y plat, eefistmetion drawings, and pr-essu
r-e"kemeats of Eagle City Code Seetien 9 4 1 9(G) to the City Engineer- for- approval pr-ieF to
City Clerk sigaing the final plat. The applieafit shall iftelude fevised language withift the CC&Rs
asseeiated with Aeadefay Valley Subdivision stating that the pr-essuFized iffigatien system sha
maintained in pefpetuity, and shall inelade an eper-atien and fnaintenanee manual appr-eved by -the
City Engineer- pr-ier- to the City Qer-k signing the fina4".
10. If approved by the City Gouneil and— Central District Health, the subdivision will be permitted to be
served by individual well and septic.
11. The applicant shall comply with all conditions of the Eagle Fire District including the conditions
of approval within their letter dated February 18, 2026.
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.
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STANDARD CONDITIONS OF APPROVAL:
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
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.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof-, or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
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11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district, or drainage entity prior to the City Clerk signing the final plat.
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
streetlights 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.
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Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway
Development Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
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27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 25,000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
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38. Provide a copy of the recorded CC&Rs for the subdivision, two (2) full size copies of the recorded
final plat, and an 8 1 /2" x 11" recorded copy of the final plat of Academy Valley Subdivision, prior
to the issuance of any building permits.
39. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "Notice to Proceed" with construction letter.
CONCLUSIONS OF LAW:
1. The City Council reviewed the particular facts and circumstances of this proposed combined
preliminary and final plat (PPFP-2025-01) and based upon the information provided concludes that the
proposed combined preliminary and final plat application is in accordance with the City of Eagle Title
9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of R-E (Residential -
Estates) because the subdivision has a minimum lot size of 1.81-acres which complies with the
minimum lot size of 1.80-acres within the R-E (Residential -Estates) zoning designation. The
subdivision has a density of 0.41-dwelling units per acre, which complies with the 0.50-dwelling
units per acre maximum density within the R-E (Residential -Estates) zoning designation;
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the density (one unit per two acres) and the single-
family residential use identified in the Estate Residential designation of the Comprehensive Plan.
The development is designed to be consistent and harmonious with the surrounding area by
utilizing similar infrastructure, including well and septic systems, and by maintaining the rural
character of the roadway through the approved waiver of required pedestrian facilities;
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use will
not change the essential character of the same area because the subdivision will have similar lot
sizes as the adjacent lots on West Rush Road and will consist of single-family residential dwellings,
which is consistent with the residential use of the surrounding subdivisions;
d. Will not create excessive additional requirements at public cost for facilities and services as the site
will be served by individual septic systems and will receive potable water from individual wells.
Fire protection will be available from the Eagle Fire Department;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and each lot will be served by private driveways fronting West
Rush Road;
f. There is no capital improvement program related to the site and the City Council has approved the
applicant's request to waive the requirements for public improvements such as central sewer, water
and sidewalk installation because the closest connection to sewer and water is over 1,600 feet from
the site, and there are no sidewalks located anywhere on West Rush Road;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
h. That the Council determined that the subdivision would not impact the health, safety or
environment of the surrounding area because the density, lot size, and single-family residential use
is consistent with neighboring two -lot subdivisions along West Rush Road.
2. The City Council reviewed the particular facts and circumstances of the proposed conditional use
(CUP-2025-06) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional
Uses" and has concluded that the proposed conditional use:
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A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since
the requirement to install a sidewalk along a residential street may be waived with the approval
of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), (as shown
within the findings provided within this document), with the conditions provided within this
document;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will
not change the essential character of the same area since no other sidewalks exist along the
entirety of West Rush Road;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since Ada County
Highway District does not currently have plans to expand West Rush Road and not including
a sidewalk will not impact any potential future pedestrian network;
E. 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; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community, since the applicant will
bear all costs of development including the addition of septic and potable water (individual
wells);
G. Will not involve uses, activities, processes, materials, equipment and 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, since the transportation system has
been found to be adequate by the ACHD and since the development is not expected to generate
any noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares as approved by the ACHD; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since the current land use already exists as a residential property and the proposed
residential lot will be developed on existing residential land.
3. Failure to comply with all provisions and any condition of approval of this conditional use permit may
result in a compliance hearing in front of the City Council at which time the Council may add conditions
to the permit, modify existing permit conditions, or revoke all or part of the permit.
4. In accordance with Eagle City Code Section 8-7-3-1(C), the Council concludes that a waiver of Eagle
City Code Section 9-4-1-7(A & F) requiring the construction of pedestrian facilities along West Rush
Road is appropriate since it is a rural road terminating in a cul-du-sac and since no other portions of the
street have been developed with sidewalk or striped pedestrian facility.
5. In accordance with Eagle City Code Section 8-2-1, the City Council has determined that centralized
water and sewer facilities shall not be required to be extended to serve the subject property due to the
site's distance from existing water and sewer infrastructure and that the public health, safety, and
welfare will not be negatively impacted because any new wells and septic systems shall be reviewed
and approved by Central District Health prior to construction.
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6. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing
a binding precedent to grant other conditional use permits
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this loth day of March, 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
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C10' O R ,1 '�,°
Tracy E. Osbo e City Cler '
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