Findings - CC - 2026 - A-2025-07/RZDA-2025-09/CUP-2025-13/PPUD-2025-07/PP-2025-11 - Annexation, rezone from RUT to R-3-DA-P conditional use permit, preliminary development plan, and preliminary plat for Tavira Sub.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION, REZONE FROM RUT
[RURAL -URBAN TRANSITION — ADA COUNTY
DESIGNATION] TO R-3-DA-P [RESIDENTIAL
WITH A DEVELOPMENT AGREEMENT-PUD],
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT
FOR TAVIRA SUBDIVISION FOR SUNDANCE
COMPANY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2025-07/RZDA-2025-09/CUP-2025-13/PPUD- 2025-07/PP-2025-11
The above -entitled annexation, rezone with a development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their decision
on April 28, 2026, 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:
Sundance Company, represented by Mary Wall with Professional Engineering Services, is requesting
annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R-3-DA-P
(Residential with a development agreement — PUD), conditional use permit, preliminary development
plan, and preliminary plat approvals for Tavira Subdivision, a 121-lot (I I0-buildable, 11-common)
residential planned unit development. The 55.00-acre site is generally located on the north side of
West Broken Arrow Street, approximately 0.40-miles west of North Palmer Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 660 East Civic Lane, Eagle, Idaho at 6:30 PM, on Thursday,
November 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 December 2, 2025. A revised
preliminary plat was submitted to the City on February 13, 2026. The owner of the property has
consented in writing to the annexation of this property into the City of Eagle.
C. CONTIGUOUS TO CITY LIMITS:
The subject property is contiguous to Eagle city limits along the entirety of the property boundaries.
D. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 27, 2026. 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
February 23, 2026. The site was posted in accordance with the Eagle City Code on February 25,
2026. Requests for agencies' reviews were transmitted on December 5, 2025, in accordance with the
requirements of the Eagle City Code.
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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 April 10, 2026.
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 April 7, 2026. The site was posted in
accordance with the Eagle City Code on April 8, 2026.
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 14, 2025, the City Council denied requests of annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R-3-DA-P (Residential with a development agreement —
PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for
Tavira Subdivision, an 88-lot (79-buildable, 9-common) residential planned unit development on a
30.95-acre site(A-2024-02/RZDA-2024-04/CU-2024-09/PPUD-2024-02/PP-2024-06).
F. COMPANION APPLICATIONS:
All applications are inclusive herein.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant proposes to enter into a development agreement, as needed, to guide future
development of the site (as stated in the applicant's narrative dated November 26, 2025, attached to
the staff report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
RUT (Rural -Urban
Existing
Neighborhood
Transition — Ada County
Agricultural
designation)
R-3-DA-P (Residential
Proposed Residential
Proposed
No Change
with a development
Subdivision
agreement — PUD)
R-2-DA (Residential
Residential (Terra View
North of site
Neighborhood
with a development
South Subdivision)
agreement)
R-2-DA-P (Residential
Residential (Arvory Crest
South of site
Neighborhood
with a development
agreement — PUD) and
Subdivision No. 4 and
)
Agricultural
RUT
R-4-DA (Residential
Residential (Millstone
East of site
Neighborhood
with a development
Subdivision No. 1) and
agreement) and RUT
Agricultural
R-2-DA (Residential
Residential (Terra View
West of site
Neighborhood
with a development
South Subdivision)
agreement)
I. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
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J. SITE DATA:
Total Acreage of Site — 55.00
Total Number of Lots — 121
Total Number of Units —
Residential — 110
Commercial — 0
Industrial — 0
Common — 11
Single-family - 110
Single-family attached - 0
Two-family - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
2.00-dwelling units per
Dwelling Units Per Gross Acre
2.00-dwelling units per acre
acre maximum (as limited
by the development
agreement)
Minimum Lot Size
10,005-square feet
10,000-square feet
Minimum Lot Width
78-feet
75-feet
Minimum Street Frontage
40-feet
35-feet
Total Acreage of Common Area
12.19-acres
1 1.00-acres
Open Space
20% (minimum)
Percent of Site as Common Area
22.10%
Except that, according to ECC
Section 9-3-8 (C) the City may
Open Space
require additional public and/or
private park or open space
facilities in PUDs
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat landscape plan, date stamped by the City on December 2, 2025, shows forty-
five -foot (45') wide (Lot 1, Block 1) and fifty -three-foot (53') wide (Lot 1, Block 6) common lots
along the frontage of the subject property on West Broken Arrow Street. Common lots with a
minimum width of forty feet (40') also front the entire development along North Hamlin Avenue
(Lots 1 and 20, Block 1, Lot 1, Block 2, Lot 1, Block 3, Lot 1, Block 4, and Lot 1, Block 6). The
common lots include tree and shrub planting that provides a buffer between residential lots and both
collector streets, West Broken Arrow Street and North Hamlin Avenue.
Common Area Open Space:
Pursuant to the proposed preliminary plat and concept plan, date stamped by the City on December 2,
2025, 22.1% open space is proposed. The 12.19 acres of common area open space are comprised of
the landscape buffers along Broken Arrow Street and North Hamlin Avenue, neighborhood pathway
corridors, playfields, a playground, community pool, and bocce ball courts.
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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 Star Fire District.
On -site Septic System:
No septic systems are proposed within the subdivision.
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 any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. STREET DESIGN:
Private or Public Streets:
All streets within the subdivision are public streets. See the ACHD staff report, dated December 18,
2025, attached to the staff report.
Sidewalks:
Detached five-foot (5') wide concrete sidewalks are proposed (separated by an eight -foot (8') wide
planter strip). The five-foot (5') wide sidewalks and one foot of the planter strips are located outside
of the proposed right-of-way on both sides of all proposed local streets. The five-foot (5') wide
sidewalks on the east side of North Hamlin Avenue and the eight -foot (8') wide pathway located on
the west side of North Hamlin Avenue are outside of the proposed right-of-way.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications incorporating
a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the
submittal of the final plat. Any modifications made to the lighting shall be completed before the final
plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal of a
final plat application.
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M. ON AND OFF -SITE PEDESTRIAN CIRCULATION:
Pedestrian Walkways: i
The preliminary plat, date stamped by the City on December 2, 2025, shows five-foot (5') wide
sidewalks (separated from the curb by an eight -foot (8') wide planter strip) on both sides of each
street throughout the subdivision. A ten -foot (10') wide regional pathway is proposed along the north
side of West Broken Arrow Street, and an eight -foot (8') wide community pathway is proposed along
the west side of North Hamlin Avenue and connecting West Broken Arrow Street and West Casa
Maria Street. Additionally, six-foot (6') wide neighborhood pathways are proposed within Lot 1,
Block 3, and Lot 7, Block 5.
• As shown in the pathway plan, date stamped date stamped by the City on December 2, 2025, the
ten -foot (10') wide regional pathway proposed along the north side of West Broken Arrow Street
connects regional pathways approved in Millstone Farm Subdivision to the east and in Terra View
South Subdivision to the west.
• The proposed eight -foot (8') wide community pathway along the west side of North Hamlin
Avenue connects to the community pathway along North Hamlin Avenue approved in Terra View
South Subdivision to the north.
N. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is within the service boundaries of the Eagle Police Department, Star Fire Department, Eagle
Sewer District, and City of Eagle Water Department. The property has not been annexed into the
Eagle Sewer District yet, however, in an email to the City, dated December 15, 2025, and attached to
the staff report, the District stated that the property is included in the master plan and sewer is
available nearby.
P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — no
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — none identified
Unique Plant Life — none identified
Unstable Soils — none identified
Wildlife Habitat — none identified
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
No environmental features of concern were identified within the natural features analysis dated
October 24, 2025, attached to the staff report.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has proposed four (4) phases of development, as shown on sheet C 1.2 of the
preliminary plat date stamped December 2, 2025, attached to the staff report.
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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.
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 [H] 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.
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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. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
City Engineer: All comments within
concern.
Ada County Highway District
Central District Health Department
COMPASS
Department of Environmental Quality
Idaho Transportation Department
Eagle Sewer Department
the engineer's letter dated January 7, 2026, are of special
U. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION:
An application for Tavira Subdivision (A-2024-02/RZDA-2024-04/CU-2024-09/PPUD-2024-02/PP-
2024-06) was presented to the Parks, Pathways, and Recreation Commission on February 6, 2025.
City Council denied the application on May 13, 2025, however, the conditions of approval
recommended by PPRC remain applicable to this application and are included in the site specific
conditions of approval.
V. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date regarding this application.
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:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
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.
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6.12 — Village Planning Area
The Village Planning Area is designated for the establishment of an employment center at Beacon
Light Road that is oriented to the State Highway 16 corridor and the provision of goods and services
in the northwest portion of the City so residents are not required to travel significant distances for
basic amenities. The land uses are intended to be flexible to encourage corporate office, light
manufacturing, and similar uses into the area and to create a unique destination within the City. The
non-residential area along Beacon Light Road will transition into similar sized large lot residential
uses as development approaches Homer Road and the Foothills. Neighborhood Residential uses are
designated south of Beacon Light to Floating Feather Road. This area is not intended to be master
planned but does require great care in planning to ensure that uses are compatible and that the Village
Center serves as the activity center of the area and is not taken over by residential uses.
6.6.1 — Village Planning Area Land Uses/Design
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Residential
designation are encouraged to include apartments, town homes, condominiums, patio
homes, bungalows and live/work units ranging in densities from 4 to 8 units per acre.
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and in the Neighborhood Residential designation,
south of Beacon Light Road, should average 1-2 units per acre. Residential area north
of Beacon Light is Large Lot Residential with a Residential Transition Overlay,
transitioning (feathering and clustering) to the north and east ensuring compatibility with
existing residential and foothills development.
c. Lot sizing and compatibility will be paramount as residential development reaches the
existing 2 and 5-acre lots in the area east of Linder Road and north of Floating Feather
Road. Special care should be given to the feathering and clustering of residential units as
development reaches the foothills/Farmers Union Canal. (See Figure 6.10)
d. All non-residential use in the Village Planning area should be directed to the Village
Center or the commercial center at State Highway 16 and State Highway 44 (See Moon
Valley & State Planning Area Section 6.10).
6.6.2 — Village Planning Area Access
A. The development Village Center Planning Area should include the construction of
north/south boulevards as entry roads into the area. These roads should include planted
medians, detached sidewalks, and traffic circles.
C. The Village Planning Area will be dependent upon the interconnectivity of local roads as
the area develops.
D. Access to the area from State Highway 16 should be limited to Beacon Light Road and, in
the short-term, Floating Feather Road.
G. A collector road should be constructed from the Village Center south to Floating Feather
Road and into the commercial development at the State Highway 44 and State Highway 16
intersection.
H. The design of the area should incorporate non -motorized pathways linking residential areas
to the Village Center, foothills, and the existing Eagle Downtown.
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CHAPTER 8: TRANSPORTATION
8.4.1 — Roadway Strategies
P. Local and collector streets through residential neighborhoods are recommended to provide
connectivity while being designed to : preserve the character of the surrounding
neighborhoods through appropriate design techniques, including street width, traffic
calming, and traffic control. The goal of the local street system is to provide for local
circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets
should be discouraged. In order to provide this connectivity, new developments should be
required to stub access to adjacent undeveloped or underdeveloped parcels consistent with
ACHD road spacing standards. All new developments should be reviewed for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
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 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 lot split applications submitted after the
effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E).
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.
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 Minimum
District Maximum Front Rear Interior Street
Covered F
(Acres Or Square ; Lot
Height Side Side
And J*
Feet) H* ` Width I*
R-3 35' 30'
25'
mok-
[ 7.5' 20'
.1_ Amw
40%
10,000 75'
B. Additional 5 feet per story side setback is required for multi -story structures. Height not to
exceed maximum allowed within the zone.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
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• Eagle City Code Section 8-2A-7 (J)(4): Landscape and Buffer Area Requirements:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan 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 not be permitted.
• 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:
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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)
• 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.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common destinations
such as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the comprehensive plan and trails and pathways master plan
pathway design as it relates to both crime prevention and function, and the responsibilities of
ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways master
plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
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g. Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s) to the above
noted sites; and
h. In similar cases where deemed appropriate.
2. In addition, pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half (1/2) mile alongside a local or collector roadway in order to reach the
desired destination.
D. DISCUSSION:
As shown in the preliminary plat and preliminary development plan, the applicant is proposing
vehicular access to the subdivision from the south via West Broken Arrow Street, from the east
via West Bed Mill Street, and from the north via North Hamlin Avenue. At the time of this
application being submitted to the City, the only existing access to the site is from the south via
West Broken Arrow. Pursuant to International Fire Code 2018 Appendix D, Section D107.1,
secondary access is required when dwelling units in a residential development exceed 30. The
applicant has proposed a phasing plan shown on sheet C 1.2 of the preliminary plat that shows 28
buildable lots. The Owner should provide secondary access prior to the City Clerk signing the
final plat of any phase that results in the entire development exceeding 30 buildable, recorded
lots. If the streets providing secondary access to Tavira Subdivision from Millstone Farm
Subdivision to the east, and Terra View South Subdivision to the north are not constructed prior
to the development's 3151 buildable lot being recorded, the applicant should provide an approval
letter from Star Fire for a temporary secondary access.
The submitted preliminary plat and phasing exhibit show a variety of community amenities
within common lots. Owner should be required to construct the following amenities with the
associated subdivision phase:
o Lot 1, Block 1 — Ten -foot (10') wide regional pathway and eight -foot (8') wide community
pathway (Phase 4)
o Lot 9, Block 1 — Play field, bocce ball court with horse shoes (Phase 4)
o Lot 20, Block 1 — Eight -foot (8') wide community pathway (Phase 2)
o Lot 1, Block 2 — Eight -foot (8') wide community pathway (Phase 2)
o Lot 1, Block 3 — Play field, pool, changing rooms, playground, benches, six-foot (6') wide
neighborhood pathway (Phase 2)
o Lot 7, Block 5 — Six-foot (6') wide neighborhood pathway (Phase 1)
o Lot 1, Block 6 — Ten -foot (10) wide regional pathway and eight -foot (8') wide community
pathway (Phase 1)
Idaho Transportation Department indicated in a letter dated November 18, 2024, that based on the
size of the proposed subdivision and its proximity to State Highway 16 and 44, impacts on the
State Highway System can be anticipated. If Idaho Transportation Department requires a
transportation mitigation agreement for Tavira Subdivision, the Owner should provide an
executed copy of the agreement to the City prior to issuance of building permits.
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The applicant is requesting a R-3-DA-P (Residential with a development agreement — PUD)
zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks, maximum
lot coverage, and minimum lot width are required within the R-3 (Residential) zone:
R-3 (Residential) zoned area:
Front
30-feet
Rear
25-feet
Interior Side
7.5-feet (first story) 5-feet (each additional story)
Street Side
20-feet
Maximum Lot Coverage
40%
Minimum Lot Width
75-feet
* A single-family dwelling that utilizes a side entry garage is permitted to have a 5-foot
reduction in the minimum required front yard setback provided that the distance in no less
than twenty feet (20') within the R-3 zoning district.
* All front load garages shall be setback a minimum of twenty-five feet (25') from the back
of sidewalk.
The applicant has requested an 5-foot reduction of the front living setback, as shown:
R-3-DA-P (Residential) zoned area:
Front 25-feet (living area) 31-feet (garage)
Rear 25-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
Minimum Lot Width 75-feet
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 24-03, a portion of the water capitalization fee shall be collected at the
time of preliminary plat submittal and the remainder of the fee shall be collected at the time of
final plat submittal. The applicant should be required to pay the remainder of the water
capitalization fee prior to the City Clerk signing the final plat.
• The Eagle Parks, Pathways, and Recreation Commission (PPRC) reviewed the proposed
pathways associated with the first application for Tavira Subdivision (A-2024-02/RZDA-2024-
04/CU-2024-09/PPUD-2024-02/PP-2024-06) and the Commission's recommendations are
reflected in the action report, dated March 18, 2025, attached hereto. The City Council denied the
application on May 13, 2025.
The applicant submitted the subject application on December 2, 2025, with an additional 24.05
acres from the first application, showing a similar pathway plan as reviewed by the PPRC.
Therefore, the PPRC recommendation remains applicable to this application and the relevant
conditions of approval are included herein.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
16, 2026, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one, except by the applicant's representative.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the applicant.
A summary can be found at: https://ea lg eid.granicus.com/player/clip/2207?view id=1&redirect=true
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Wright absent) to recommend approval of A-2025-07/RZDA-2025-09 for
an annexation and a rezone from RUT (Rural -Urban Transition — Ada County designation) to R-3-DA-P
(Residential with a development agreement — PUD) with the conditions of development provided within
the Commission's findings of fact and conclusions of law document, dated April 6, 2026.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent) to recommend approval of CUP-2025-13/PPUD- 2025-
07/PP-2025-11 for a conditional use permit, preliminary development plan and preliminary plat for Tavira
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 April 6, 2026.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on April 28, 2028, 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.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council made a motion based upon the information provided by staff
and the applicant.
A summary can be found at: https:Heagle-id.granicus.com/player/clip/2227'?view id=1&redirect=true
COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-2025-07/RZDA-2025-09 for an annexation and a rezone from
RUT (Rural -Urban Transition — Ada County designation) to R-3-DA-P (Residential with a development
agreement — PUD) with the following Planning and Zoning Commission recommended conditions to be
placed within a development agreement, with underlined text to be added by the Council and
strikethrough text to be deleted by the Council:
3.1 The maximum density for the Property shall be 2.00 dwelling units per acre (110 single-family
detached dwellings).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
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3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fences, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowners association or other
entity cannot be dissolved without the express consent of the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit D). All
other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited.
(c) A requirement that any fencing located adjacent to common area open spaces and on the street
side of all corner lots shall be an open fencing style such as wrought iron or other similar
decorative style, durable fencing material. Specific buffer area fences and decorative walls
may be allowed as otherwise required in ECC Section 8-2A-7 (.I).
(d) A maintenance manual for the streetlights requiring that the association shall have the duty to
maintain and operate the light fixtures including the repair and replacement of the fixture, any
associated electrical supply, and light bulbs, in perpetuity.
(e) A requirement stating that the Homeowner's Association shall have the duty to maintain the
pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing
and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
(f) 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.
(g) The owner, together with the City of Eagle, shall execute a Conservation and Education
Program (CEP) Funding Plan. The Funding Plan shall be included as a separate, independent
Assessment within the Covenants, Conditions, and Restrictions (CC&Rs) associated with
Tavira Subdivision and shall require the Homeowner's Association to collect $5.00 per lot, per
month. The CC&Rs shall clearly define the CEP assessment within the Assessments section of
the CC&Rs, state that any amendment to this Declaration removing or changing the CEP
Assessment in any way must also be approved in writing by the City of Eagle within the
"Terms and Amendments" section of the CC&Rs, acknowledge that the development of the
Project has contributed to the reduction of natural habitat and open space, and that the purpose
of the CEP Assessment is to promote the recreation, health, safety, and welfare of the
Members by funding conservation and/or management of natural or cultural resources, or
conservation -based education and outreach programs. Funds collected from the CEP
Assessment shall be delivered to the City of Eagle annually and deposited in a dedicated fund
exclusively for the Conservation Education Program and as approved by the City Council. The
CEP Funding Plan shall be executed by the Owner and the City prior to the City Clerk signing
the final plat.
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3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "E".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the ACC. Building permit
applications that do not have an approval letter attached will not be accepted.
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 "E". 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.
Similar residential home exterior elevations shall not be used twice within a five (5) home radius of
each other.
3.6 Owner shall not file a protest with the Idaho Department of Water Resources against the City of
Eagle regarding water rights application(s) for the construction of any municipal wells located
within the City of Eagle water service area. Owner shall not apply for additional ground water
rights associated with the Property irrigation system.
3.7 The Owner shall provide secondary access prior to any phase that results in the entire development
exceeding 30 buildable, recorded lots. The secondary access shall be established prior to the final
plat being signed by the City Clerk. If the streets providing secondary access to Tavira Subdivision
from Millstone Farm Subdivision to the east, and Terra View South Subdivision to the north are not
constructed prior to the development's 31st buildable lot being recorded, the applicant shall provide
an approval letter from Star Fire for a temporary secondary access.
3.8 Owner shall be required to construct the following amenities with the associated subdivision phase:
Phase 1:
o Lot 1, Block 6 — Ten -foot (10') wide regional pathway and eight -foot (8') wide community
pathway
o Lot 7, Block 5 — Six-foot (6') wide neighborhood pathway
Phase 2:
o Lot 20, Block 1 — Eight -foot (8') wide community pathway
o Lot 1, Block 2 — Eight -foot (8) wide community pathway
o Lot 1, Block 3 — Play field, pool, changing rooms, playground, benches, six-foot (6') wide
neighborhood pathway
Phase 4:
o Lot 1, Block 1 — Ten -foot (10') wide regional pathway and eight -foot (8') wide community
pathway
o Lot 9, Block 1 — Play field, bocce ball court with horseshoes
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The Owner shall develop Tavira Subdivision accordingto the phasing plan (Exhibit F) unless fewer
phases are required, in which case the Owner shall provide a revised phasing plan prior to the
submittal of a final plat application.
nee .f building p ,:miram
3.10 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 Owner 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 Owner 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.
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 CUP-2025-13/PPUD-
2025-07/PP-2025-11 for a conditional use permit, preliminary development plan, and preliminary plat for
Tavira 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:
1. Comply with all conditions within the development agreement for rezone application RZDA-2025-
09.
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, or as approved by the Design Review Board.
The trees shall be located within an eight -foot (8') wide landscape strip between the five-foot (5')
wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed
so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the
final plat the applicant shall either install the required trees, sod, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes.
A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed, including street
trees that have been installed. On -going surety for street trees for all undeveloped portions of the
development will be required through project completion.
5. Tavira Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-
8[D][4])
6. 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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7. The applicant shall place a 4' x 8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
8. The following setbacks, minimum lot width, and lot coverage requirements shall apply:
Front - Living
25-feet
Front — Garage (Front Load)
31-feet
Rear
25-feet
Interior Side
7.5-feet (first story) 5-feet (each additional story)
Street Side
20-feet
Maximum Lot Coverage
40%
Minimum Lot Width
75-feet
9. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to approval of a final plat. (ECC 9-
4-1-2)
10. The applicant shall be required to pay the remainder of the water capitalization fee prior to the City
Clerk signing the final plat.
11. The annlicant shall Drovide a revised nreliminary Dlat showing Lots 14-16, Block 1, redesigned with
the curb knuckle and landscape island adjacent to the lots removed, as presented to the Council on
Anril 28. 2026. The revised Dreliminary plat shall be Drovided prior to submittal of a final plat
application.
12. For all alignments in the pathway plan, date stamped by the City on December 11, 2025, shown as
NEIGHBORHOOD — the developer shall provide a six-foot (6') wide (minimum) concrete pathway
built to approved City standards. A fourteen -foot wide permanent pathway easement in favor of the
City over the six-foot (6') wide Neighborhood Pathways with a minimum four -foot (4') margin on
each side of pathway tread shall be shown on the final plat.
13. For all alignments in the pathway plan, date stamped by the City on December 11, 2025, shown as
COMMUNITY — the developer shall provide an eight -foot (8') wide (minimum) concrete pathway
built to approved City standards. A twenty -five-foot wide permanent pathway easement in favor of
the City over the ten -foot (10') wide Regional Pathways with a minimum four -foot (4') wide margin
on each side of pathway tread shall be shown on the final plat.
14. For all alignments in the pathway plan, date stamped by the City on December 11, 2025, shown as
REGIONAL — the developer shall provide a ten -foot (10') wide (minimum) concrete pathway built to
approved City standards. A twenty -five-foot (25') wide permanent pathway easement in favor of the
City over the ten -foot (10') wide Regional Pathways with a minimum four -foot (4') wide margin on
each side of pathway tread shall be shown on the final plat
15. Permanent pathway easement agreements and an associated survey (that depicts the location of each
pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk
signing the final plat associated with the first phase of the development.
16. 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 prior to the City Clerk signing the
final plat for each phase of development.
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17. Public use shall be limited to the pathway tread and connecting facilities and equipment intended for
pathway users which may include, but are not limited to, benches, drinking water sources, dog bag
dispensers/waste receptacles, and bike repair stations.
18. The applicant shall include the instrument number for all recorded pathway easements on the final
plat prior to recordation.
19. For all alignments in the pathway plan, date stamped by the City on December 11, 2025, shown as
SIDEWALK, the developer shall provide sidewalks that comply with ACHD requirements.
20. 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.
21. The developer 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.
22. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
23. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to
eliminate sharp turns or blind corners.
24. 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 Pathway
and Trail Design Standards (Resolution No. 23-19). 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.
25. No trails or pathways will be maintained by the City with this development, however, the developer
shall provide permanent pathway easements twenty-five feet (25') 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.
26. 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."
27. The developer 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.
28. The developer and future homeowners association shall provide maintenance of all pathways, in
perpetuity.
29. Within all public access easements, the City shall reserve the right to display signage similar to what
is shown in Exhibit B of the PPRC action report.
30. 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.
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31. 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.
32. 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.
33. Signage, including the physical form, materials, placement, and message, that the developer 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.
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.
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10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a surety
shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's
shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to
the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over
the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot
except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way
unless such obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise
changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of
water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not
otherwise injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and
certification shall be filed with the construction drawing and submitted to the City Engineer prior to
the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
11. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether
located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall
be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Star 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 Star Fire Department
officials:
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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 Star 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 Star Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Star Fire Department
prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas,
storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved
by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the
City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle Parks, Pathways and Recreation Commission for a path
or walkway shall be approved in writing by the Eagle City Parks, Pathways and Recreation
Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance
of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
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26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest submits application to the City of Eagle for a
change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-
6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years
following City Council approval the preliminary plat application shall be null and void, unless a time
extension is granted by the City Council.
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of three feet (3')
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
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37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over
8000 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.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "Notice to Proceed" with construction letter.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-2025-07/RZDA-2025-09) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-3-DA-P (Residential with a development agreement —
PUD) is consistent with the neighborhood designation as shown on the Comprehensive Plan Land
Use Map because the development agreement limits the maximum density of the subdivision to
2.00 dwelling units per acre (110 single-family detached dwellings). The Comprehensive Plan
states that the neighborhood designation is suitable for single-family residential development with
densities ranging from 2 units per acre to 4 units per acres.
The proposed density of 2.00-dwelling units per acre, as limited by the development agreement,
is compatible with the density expectations for this portion of the Village Planning Area. The
Planning Area envisions a transition from mixed -use, commercial and compact residential
development in the Village Center along Beacon Light Road to lower -density residential uses to
the south, which this proposal generally supports through lower density, larger lot sizes and
greater setbacks than the entitled development between the site and Beacon Light Road
The proposal also aligns with the objectives of the Village Planning Area which anticipates the
development of a north/south collector road from Beacon Light Road to Floating Feather Road,
as the proposed subdivision includes a connection of Hamlin Avenue that would complete the
development of the collector road from the Village Center to Floating Feather Road;
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 to serve the residential uses
allowed on this property under the proposed zone. Specifically, central water service will be
provided by Eagle Municipal Water and central sewer service will be provided by the Eagle
Sewer District, subject to successful annexation into the District. The Star 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, respectively;
c. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA (Residential with a development agreement) zone and land use to
the north since that area has been entitled for residential development with lots of similar size,
and since Tavira Subdivision will provide the extension of Hamlin Avenue and the eight -foot (8')
wide pathway from Terra View South Subdivision to Broken Arrow Street;
d. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA-P (Residential with a development agreement — PUD) zone and land
use to the south since that area has been developed with lots of similar size and similar housing
types to those proposed within the Tavira Subdivision;
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e. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-4-DA (Residential with a development agreement) zone and land use to
the east since that area has been entitled for residential development with lots of similar size, and
since Tavira Subdivision will provide a continuation of a ten -foot (10') wide regional pathway
along the north side of Broken Arrow Street from Millstone Farm Subdivision to Terra View
South Subdivision;
f. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-2-DA (Residential with a development agreement) zone and land use to
the west that area has been entitled for residential development with lots of similar size, and since
Tavira Subdivision will provide the connection of a ten -foot (10') wide regional pathway along
the north side of Broken Arrow Street from Terra View South Subdivision to Millstone Farm
Subdivision;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
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.
i. The owner of the property has consented in writing to the annexation into the City of Eagle; and
j. The land proposed for rezone is contiguous to Eagle city limits along the north, south, east and
west property boundaries.
2. The Council reviewed the particular facts and circumstances of this proposed preliminary
development plan, conditional use permit, and preliminary plat (CUP-2025-13/PPUD- 2025-07/PP-
2025-11) 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
subdivision introduces residential development at a gross density of 2.00-dwelling units per acre,
which is consistent with surrounding density patterns and the Neighborhood Residential
designation within the Comprehensive Plan. 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 R-3 zoning
district as implemented by the development agreement, which ensures consistency with
surrounding land uses.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses,
since the development is residential in nature and is located adjacent to other residential areas.
The development is not expected to introduce new land use types or intensities that would be
incompatible with existing or future neighborhood uses identified in the Comprehensive Plan.
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.
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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 Star Fire District, and central
sewer and water services, which the applicant will be required to extend at their own cost. Street
improvements to Broken Arrow Street 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 introduces 12 acres of community open space that are consistent with the intent of
Eagle City Code requiring parks, open areas, and areas of special interest within PUDs. The
proposed subdivision includes neighborhood pathway corridors, large playfields, a playground,
community pool, and activity courts.
h. Vehicular access will be provided by a network of internal public roads with external access via
Hamlin Avenue, Broken Arrow Street and Rider Stone Way. ACHD has reviewed the proposal
and conditioned the necessary street and right of way improvements. No traffic impact study was
required. Idaho Transportation Department (ITD) has required a trip distribution evaluation, and a
condition of development is included to requiring the Owner's cooperation with ITD if a
transportation mitigation agreement is necessary to support highway facility improvements.
i. The development is not anticipated to result in the destruction or loss of any natural, scenic, or
historic features of major importance as no such features have been identified with these
applications.
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
Neighborhood within the Comprehensive Plan and lies within the Village Planning Area, which
envisions a residential uses in this area that decrease in density as distance from Beacon Light
Road increases. The proposed single-family residential development, at approximately 2.00-
dwelling units per acre, is consistent with the Comprehensive Plan's objectives for this area.
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.
A conditional use permit application for a five-foot reduction of the front living setback as
required by Eagle City Code is incorporated in the subdivision application and grants the waiver
to Eagle City Code Section 8-2-4 to allow for a 25-foot front living setback.
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 development (incorporating eleven (I]) or more lots or dwelling units):
in. 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.
The public services that would be provided to the development include the following:
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Fire Protection
The Star 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 is
located within the service area of the City of Eagle municipal water system and the applicant is
required to pay all applicable capitalization fees in accordance with Resolution 24-03. 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 utility
provider.
Sewer
Central sewer service will be provided by Eagle Sewer District upon completion of annexation
and infrastructure extension.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion, the roads will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 22.1% of passive and active open space. The open
space area will contain neighborhood pathway corridors, large playfields, a playground,
community pool, and activity courts. The project will also generate park impact fees to be utilized
for the creation of additional parks or add new equipment to existing parks within the City of
Eagle.
Maintenance
The maintenance of open space areas will be regulated by the Tavira Subdivision Homeowner's
Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by
the respective agencies.
Schools
Tavira Subdivision is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Hardin Services through a contract with the City of Eagle.
n. The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. The developer estimates that the proposed subdivision will generate approximately $77,460 in
annual tax revenue for the City of Eagle.
p. The extension of all public utilities and road construction will be provided by the developer at no
cost to the public.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
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DATED this 1211 day of May 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
/11
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E. Osborn, Eagle City Cler
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