Findings - CC - 2026 - RZ-2021-15-MOD2 - A Rezone with a Development Agreement ModificationBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE WITH A DEVELOPMENT
AGREEMENT MODIFICATION FOR
AMBERLY RANCH SUBDIVISION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-2021-15-MOD2
The above -entitled development agreement modification application came before the Eagle City Council
for their action on October 28, 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:
Travis Perry with Core Building Company is requesting a rezone with development agreement
modification approval to modify condition #3.10 of the development agreement for Amberly Ranch
Subdivision to reduce the landscape buffer planting requirements along Beacon Light Road. The 7.00-
acre site is located west of North Ballantyne Lane at 2142 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The rezone modification request was received by the City of Eagle on September 11, 2025. A revised
narrative was received by the City on September 30, 2025. A modified landscape plan was received by
the City on October 9, 2025.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 12,
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 10, 2025. The site was posted in
accordance with the Eagle City Code on October 17, 2025.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 14, 2007, the City Council approved applications for annexation, rezone from RUT (Rural
Urban Transition — Ada County designation) to R-E-DA (Residential, one unit per two acres with a
development agreement) and preliminary plat for Tranquil Estate Subdivision (A-09-07/RZ-11-07 &
PP-12-07). These applications are considered to be withdrawn.
On February 8, 2022, the City Council held a public hearing on annexation, rezone, and preliminary
plat applications and remanded the applications back to staff (A- 10-2 1/RZ- 15- 21 & PP- 15-21).
On March 8, 2022, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to R-E-DA (Residential -Estates with a development agreement)
and preliminary plat approvals for Amberly Ranch Subdivision, a 4-lot (3-buildable, 1-private
driveway), residential subdivision (A-10-21/RZ-15-21 & PP-15-21).
On October 11, 2022, the City Council approved a preliminary plat modification to remove the
requirement regarding central water (PP-15-21 MOD).
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On September 12, 2023, the City Council approved a modification to the rezone development
agreement to reduce the required sidewalk width along West Beacon Light Road from 10-feet to 5-feet
(RZ-15-21 MOD).
On June 25, 2024, the City Council approved the design review application for the common area
landscaping within Amberly Ranch Subdivision (DR-2024-07).
On October 22, 2024, the City Council approved the final plat for Amberly Ranch Subdivision
(FP-2024-13).
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• The Comprehensive Plan Land Use Map currently designates this site as 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.
ZONING CODE PROVISISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots
Major Roadways: New residential developments, including, but not limited to, subdivisions and
multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially dangerous,
high-speed roads. The "buffer area" shall be defined as a common lot located between the
residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer
is required as part of the common area open space owned and maintained by a homeowners'
association. Any landscaping proposed to be within the public right of way shall not be included as
a part of the buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the centerline)
to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as a collector on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may
be substituted with two (2) flowering/ornamental trees, provided that not more than fifty
percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (P) vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
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not be permitted.
b. Any road designated as a minor arterial on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided
with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees,
eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs.
Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided
that not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (P) vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
3.10 A landscape buffer area, located within an easement, shall be required along all Beacon Light Road
and Ballantyne Lane frontages. The easement along both frontages shall be 35 feet in width and
shall include a 2-3 foot tall meandering berm height with a 3-4 foot tall split rail fence on top.
However, the frontage along Beacon Light shall be landscaped in accordance with Eagle City Code
8-2A-7(J)(4)(b).
DISCUSSION:
• Item #3.10 of the development agreement associated with Amberly Ranch Subdivision permitted the
applicant to construct a 35-foot-wide landscape buffer along Beacon Light Road (classified as a minor
arterial street) rather than a 50-foot-wide landscape buffer which is the Eagle City Code requirement
for minor arterial streets. However, the applicant was required to construct the 35-foot-wide buffer with
the landscape plantings required by City Code for a 50-foot-wide buffer.
A license agreement between the Lateral 78 Water Association, Inc, and Core Building Company (Ada
County Instrument No. 2024-050654) has been executed and recorded for the purpose of realigning
and piping a portion of the lateral pipeline within the Amberly Ranch property, granting an easement
to the Lateral 78 Water Association on the property, and overlapping the Lateral easement with the
landscape berm. The license agreement states, "Developer shall not plant anything other than grasses
and low shrubs that are no more than four (4) feet in height at maturity within 10 feet of the Lateral
pipeline in the Easement."
The applicant states in their narrative that it is not feasible to accommodate the restrictions of the license
agreement along with the required planting density within the buffer and is requesting (with the
exception of the portion within the Lateral 78 easement) that the frontage along Beacon Light and
Ballantyne be permitted to be planted with the 35-foot buffer requirements. The applicant is requesting
that the portion of the frontage within the Lateral 78 easement be permitted to be landscaped with less
than the standard 35-foot buffer plantings due to the requirements and landscaping restrictions of the
Lateral 78 license agreement.
• Item #3.10 of the development agreement also required a 2-3 foot tall meandering berm within the
landscape easement. The applicant has stated that, due to the alignment of the pipe installed for Lateral
78 and the requirements of the associated license agreement, a meandering berm was not possible. The
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applicant is requesting that the requirement for a meandering berm be removed. The berm has been
constructed to be 4 feet in height and does not meander.
• The applicant should be required to submit a design review modification application with the revised
landscape plan showing the proposed landscaping along the Beacon Light and Ballantyne frontages
and the reduced landscaping within the Lateral 78 easement. The application should be reviewed and
approved by staff prior to the issuance of a notice to proceed with construction letter.
PUBLIC HEARING OF THE COUNCIL:
A public hearing on the application was held before the City Council on October 28, 2025, at which time
testimony was taken and the public hearing was closed. The City Council made their decision at that time.
A. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony neither in favor nor in opposition of the application was presented to the City Council
by two (2) individuals who indicated the following:
• Large trees and their roots can cause disruptions to irrigation laterals and to powerlines that run
underground.
D. No rebuttal was presented by the applicant.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-2021-15-MOD2 for a rezone with development agreement
modification for Amberly Ranch Subdivision, to amend item #3.10 of the development agreement as
follows, with underlined text to be added by the Council and strikethrough text to be deleted by the Council:
3.10 A landscape buffer area, located within an easement, shall be required along all Beacon Light Road
and Ballantyne Lane frontages. The easement along both frontages shall be 35 feet in width and shall
include a 24 4 foot tall fnea-ader-in berm height with a 3-4 foot tall split rail fence on top. Iewever-;
tThe frontage along Beacon Light Road and Ballantyne Lane shall be landscaped in accordance with
Eagle City Code 8-2A-7(J)(4)(b)�) with the exception of the frontage within the Latera178 irrigation
easement which shall be permitted to be landscaped with reduced planting requirements in
accordance with the conditions of the Lateral 78 license agreement (Ada County Instrument No.
2024-050654) The buffer area impacted by the Lateral 78 easement shall include a minimum of 18
conifers 14 shade trees 7 flowering trees and 175 shrubs The owner shall submit a design review
modification application that includes the entirety of the buffer area for City review and approval of
the revised landscape plan 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 rezone with
development agreement modification (RZ-2021-15-MOD2) 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 with development agreement modification is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The zoning designation of R-E-DA (Residential Estates with a development agreement) is
consistent with the Estate Residential designation as shown on the Comprehensive Plan Land Use
Map, and the proposed modification does not alter the land use, so the property remains in
conformance with the R-E (Residential Estates) zone;
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b. The applicant has extended the public facilities needed for this site pursuant to the conditions of
approval of the preliminary plat and final plat;
c. The R-E-DA (Residential Estates with a development agreement) zone has previously been
determined to be compatible with the zoning and land uses to the south, north, west and east, and
the proposed modification does not consist of any changes to the current land use;
d. The land proposed for modification to the development agreement is not located within a "Hazard
Area" and "Special Area" as described within the Comprehensive Plan; and
e. No nonconforming uses will be created with this modification to the rezone with development
agreement.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 10" day of March, 2026.
XIWKK619J0NJ I
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
ATTEST: p21311211,I"
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Tracy E. Osborn, lerk
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