Findings - PZ - 2026 - RZDA-2021-07-MOD1/CUP-2025-14/PPUD-2025-08/PP-2025-12 - Kody Corner Subdivision - Development agreement modificatin, conditional use permit, preliminary development plan, and preliminary plat for Kody Corner Sub.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
DEVELOPMENT AGREEMENT )
MODIFICATION, CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN, AND )
PRELIMINARY PLAT FOR KODY CORNER )
SUBDIVISION FOR MJV PROPERTIES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZDA-2021-07-MOD1/CUP-2025-14/PPUD-2025-08/PP-2025-12
The above -entitled development agreement modification, conditional use permit, preliminary development
plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on May 18, 2026, at which time public testimony was taken and the public hearing was
closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
MJV Properties, LLC, represented by Rodney Evans + Partners, LLC, is requesting development
agreement modification approval to establish a new termination date, along with conditional use
permit, preliminary development plan, and preliminary plat approvals for Kody Corner
Subdivision, a 20-lot (19-buildable; 1-common) residential planned unit development. The 3.50-
acre site is located on the west side of North Parkinson Street, approximately 1,450 feet north of
East State Street, at 525 and 543 North Parkinson Street (Lot 3 and Lot 4, Block 3, of Randall Acres
Subdivision No. 15).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 543 North Parkinson Street at 6:00 PM, on September 17,
2025, for the conditional use permit, preliminary development plan, and preliminary plat in
compliance with the application submittal requirements of Eagle City Code. The applications for
this item were received by the City of Eagle on December 15, 2025.
A revised preliminary plat and pressurized irrigation waiver letter were received by the City of
Eagle on March 27, 2026.
A Neighborhood Meeting was held at 543 North Parkinson Street at 6:00 PM, on April 16, 2026,
for the development agreement modification in compliance with the application submittal
requirement of Eagle City Code. The application for the development agreement modification was
received by the City of Eagle on April 22, 2026.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on May 1, 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 27, 2026. The site was posted in accordance with the Eagle City Code on May 8, 2026.
Requests for agencies' reviews were transmitted on December 18, 2025, in accordance with the
requirements of the Eagle City Code.
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D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On February 8, 2022, the City Council approved requests of a rezone from R-4 (Residential) to R-
6-DA (Residential with a development agreement) and preliminary plat approval for Kody Corner
Subdivision, a 21-lot (I 9-buildable, 2-common) residential subdivision on a 3.50-acre site (RZ-07-
21 & PP-09-21).
On May 24, 2022, the Eagle City Council approved a design review application for the common
area landscaping for Kody Corner Subdivision (DR-21-22).
On May 28, 2024, the City Council approved a request for a 1-year extension of time for the
preliminary plat for Kody Corner Subdivision (PP-2021-09-EXT1).
E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
R-6-DA (Residential
Existing
Compact
with a development
Residential
agreement)
Proposed
No Change
No Change
Proposed Residential
Subdivision
North of site
Compact p
R-4 (Residential)
Residential (Randall Acres
Subdivision)
South of site
Compact
R-4 (Residential)
Residential (Randall Acres
Subdivision)
R-4 (Residential) and
Residential (Randall Acres
East of site
Compact
p
R-6-DA (Residential
with a development
Subdivision and Cadenza
agreement)
Court Subdivision)
West of site
Compact
p
R-4 (Residential)
Residential (Randall Acres
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within the wildland-urban interface overlay district.
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I. SITE DATA:
Total Acreage of Site — 3.50-acres
Total Number of Lots — 20
Total Number of Units -
Residential — 19
Commercial — 0
Industrial — 0
Common — 1
Single-family - 19
Single-family attached - 0
Two-family - 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
5.43-dwelling units per acre
5.44-dwelling units per
acre maximum (as limited
by the development
agreement)
Minimum Lot Size
5,000-square feet
5,000-square feet
Minimum Lot Width
50-feet
50-feet
Minimum Street Frontage
16-feet*
35-feet
Total Acreage of Common Area
0.70-acres
0.70-acres
Open Space
Percent of Site as Common Area
20.2%
20% (minimum)
Open Space
Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public and/or
private park or open space
facilities in PUDs
Percent of Common Area Open
72%
15% (minimum)
Space as Active OS
Lots 8 and 9, Block 1, have proposed access to the public street via a shared driveway.
GENERAL SITE DESIGN FEATURES:
Common Area Open Space:
Pursuant to the proposed preliminary plat and landscape plan date stamped by the City on February
11, 2026, 20.2% open space is proposed. The 0.70-acres of common area open space includes a
fourteen -foot (14') wide natural surface pathway, landscaping and turf areas within Lot 10, Block
1, and the landscape strips along East Syringa Street, South Parkinson Street and East Elliot Street.
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
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reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than ten -feet (10') wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System:
No septic systems are proposed within the subdivision.
Preservation of Existing Natural Features:
The site contains mature trees located near the existing structures located within the site. The trees
will need to be retained or mitigated if removed.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
K. STREET DESIGN:
Private or Public Streets:
All streets within the subdivision are public streets. See the ACHD staff report, dated January 6,
2026, 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 planter strips and a half foot (0.5') of the sidewalk are located within the
proposed right-of-way along the south side of East Syringa Street, west side of North Parkinson
Street, and north side of East Elliot Street. The remaining four and a half feet (4.5') of sidewalk,
and two feet (2') behind the back of sidewalk will be located within the proposed ACHD sidewalk
easements.
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.
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Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
L. ON AND OFF -SITE PEDESTRIAN CIRCULATION:
The preliminary plat date stamped by the City on March 27, 2026, shows five-foot (5') wide
sidewalks (separated from the curb by an eight -foot (8') wide planter strip) on the south side of
East Syringa Street, west side of North Parkinson Street, and north side of East Elliot Street. A
fourteen -foot (14') wide natural surface pathway is proposed within Lot 10, Block 1, connecting
East Syringa Street to North Parkinson Street.
M. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Police service is provided by the Eagle Police Department. The site is located within the Eagle Fire
District service boundary, annexed into the Eagle Sewer District, and water is provided by Veolia
Water.
O. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none known
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — none known
Unique Plant Life — none known
Unstable Soils — none known
Wildlife Habitat — none known
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
No environmental features of concern were identified within the natural features analysis dated
March 20, 2026, attached to the staff report.
Q. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
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.
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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 cased of large - scale PUDs (incorporating eleven (11) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
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
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district): No such request was provided with this application
16. That the uses are appropriate with the residential uses.
17. That the uses will serve principally the residents of the PUD.
18. That the uses are planned to be an integral part of the PUD.
19. That the uses located and designed to provide direct access to a collector or arterial street.
20. That the proposed street connections will not create congestion or traffic hazards.
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R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter dated January 7, 2026, are of special
concern.
Ada County Highway District
Central District Health Department
COMPASS
Department of Environmental Quality
Idaho Transportation Department
Eagle Fire
Eagle Sewer Department
RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION:
The applications for a preliminary plat and preliminary development plan are associated with a
development agreement that was executed on April 26, 2022 (RZ-07-21). The pathways proposed
with the application are consistent with the concept plan included in the development agreement.
T. LETTERS FROM THE PUBLIC:
No letters have been received for this application.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
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:
Compact
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration, regional trails and connectivity.
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 parcel division applications
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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.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Lot (Acres Or
Zoning Maximum Interior Street Covered F Square
District Height Front Rear Side Side And J* Feet) H*
R-6 35' 20' 20' 7.5' 20' 60% 5,000
Minimum
Lot
Width I*
50'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall
be the minimum lot width specified within the zoning district or 35-feet, whichever is less.
• Eagle City Code Section 8-10-1: Requirements and Restrictions for Development
Agreements:
G. Modification Of Development Agreement: A development agreement may be modified by
the city council only after complying with the notice and public hearing provisions of
section 67-6509 of the Idaho Code.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design:
J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.
Eagle City Code Section 9-4-1-6(D)(5): Pathways and Trails Regulations: Pathways:
Classifications:
b. Community:
(1) Shall be eight -foot (8') in width unless otherwise approved by the City.
(2) Shall be constructed to the City Pathways and Trails Design and Construction
Standards, Idaho Standards for Public Works Construction (ISPWC), or Ada
County Highway District (ACHD) Sidewalk Standard as determined by the City.
(3) Shall be maintained by the City, HOA, developer, or property owner, as
determined by City.
(4) Tread surface shall be determined by the City.
(5) Shall include a twenty-five foot (25') wide public access easement for City
maintained Pathways. All Pathways not dedicated to the City shall have an
easement width of a minimum of the tread width plus four feet (4') on each side
unless the pathway is located within a public right-of-way, then an easement is not
required. The City may grant an exception to the required easement width.
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• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units and subdivision common areas shall be provided with a
pressurized irrigation system to be served with irrigation water from a surface water
right unless a waiver, as outlined herein, is approved by the city council.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist (the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property.
The lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this case
a waiver shall only be granted for that portion of the subdivision that cannot be
served.
3. Should installation of a pressurized irrigation system be waived by the city engineer,
as outlined herein, compliance to Idaho Code 3 1-3 805 is still required.
D. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
5.3 If the terms of this Development Agreement expires prior to completion of the
Conditions of Development or without an amendment to this Agreement for its extension
being in process in accordance with the notice and hearing provisions of Idaho Code
Section 67-6509, as required by Eagle City Code Section 8-10-1, use of the property shall
be limited to those uses allowed within an R-4 (Residential) zoning designation until City
enacts and records an ordinance changing the property to the R-4 (Residential) zoning
designation.
8.11 Termination: If the Property is not developed as conditioned herein, this agreement shall
terminate 5-years after the Effective Date.
E. DISCUSSION:
• The applicant is requesting to renegotiate the time frame for completion of the project and is
proposing a termination date five (5) years from the Effective Date of the executed
development agreement modification.
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Condition of development 3.9 of the original development agreement associated with Kody
Corner Subdivision requires the Owner to work with the City to establish a Conservation and
Education Program (CEP) Funding Plan. The conditions, covenants and restrictions for the
Kody Corner Subdivision should contain the Conservation and Education Program (CEP)
Funding Plan. The Funding Plan should be included as a separate, independent Assessment
within the Covenants, Conditions, and Restrictions (CC&Rs) associated with Kody Corner
Subdivision and should require the Homeowner's Association to collect $5.00 per lot, per
month. The CC&Rs should 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 should be
executed by the Owner and the City prior to the City Clerk signing the final plat.
The preliminary plat, date stamped by the City on March 27, 2026, identifies the locations of
the existing buildings, canopy, and concrete areas within the property. The preliminary plat
shows that most of the structures will be removed except for the residential dwelling, accessory
structure, and well house located within Lot 13, Block 1.
The applicant should remove all existing buildings, canopy, and concrete, as shown on the
preliminary plat, prior to the City Clerk signing the final plat. The existing house, accessory
structures, and well house located on Lot 13, Block 1, are permitted to remain as shown on the
preliminary plat.
The well located on Lot 13, Block 1, should only be permitted to remain for supplemental
irrigation, or should be abandoned according to Central District Health, Idaho Department of
Water Resources, or Department of Environmental Quality requirements.
Pursuant to Eagle City Code Section 9-4-1-9(C), all residential dwelling units and subdivision
common areas shall be provided with a pressurized irrigation system to be served with
irrigation water from a surface water right unless a waiver is approved by the city council. In
the applicant's narrative, date stamped by the City on December 15, 2025, the applicant
indicates that the property does not have irrigation water rights for the subdivision. Irrigation
water is proposed to be supplied through potable water services on each lot and a dedicated
potable water meter will be provided from the common area landscaping. The City Engineer
has reviewed the request for a pressurized irrigation waiver, pursuant to ECC 9-4-1-9(C)(3),
and has indicated that City Council shall determine if the request meets the intent of the
provision for a waiver. If the waiver for pressurized irrigation is approved, the applicant should
provide a letter from Veolia Water agreeing to providing irrigation service prior to submitting
the final plat.
• The applicant is proposing a fourteen -foot (14) wide natural surface pathway located within
Lot 10, Block 1, with a blanket public access easement. Pursuant to Eagle City Code Section
9-4-1-6, the pathway should be constructed according to the City's Pathway and Trail Design
and Construction Standards (Resolution 23-19) for natural surface community pathways.
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• The property has a zoning designation of R-6-DA (Residential with a development agreement).
Pursuant to Eagle City Code Section 8-2-4, the following setbacks, maximum lot coverage, and
minimum lot width are required within the R-6 (Residential) zone:
R-6 (Residential) zoned area:
Front
Rear
Interior Side
Street Side
Maximum Lot Coverage
Minimum Lot Width
20-feet
20-feet
7.5-feet (first story) 5-feet (each additional story)
20-feet
60%
50-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-6 zoning district.
* All front load garages shall be setback a minimum of twenty-five feet (25') from the back of
sidewalk.
• Since the four and a half feet (4.5') of sidewalk is proposed to be located within the front of
the residential lots fronting the public streets, the following setbacks, minimum lot width, and
lot coverage requirements should apply to ensure all front load garage setbacks are no less than
twenty-five feet (25'):
R-6-DA (Residential with a development agreement) zoned area:
Front
— Living
Front —
Garage (Front Load)
Front —
Garage (Side Load)
Rear
Interior Side
Street Side
Maximum Lot Coverage
Minimum Lot Width
20-feet
30-feet
25-feet
20-feet
7.5-feet (first story) 5-feet (each additional story)
20-feet
60%
50-feet
• The preliminary plat does not include a plat note referencing the development agreement
associated with the rezone. The applicant should provide a revised preliminary plat with a new
plat note which states, "All development within this subdivision shall be consistent with the
conditions of development within the development agreement (Instrument No. _) and any
subsequent modifications to the development agreement." The revised preliminary plat should
be provided prior to submittal of a final plat application.
• The preliminary plat does not include a plat note prohibiting the reduction of lot sizes without
the approval from the health authority. The applicant should provide a revised preliminary plat
with a new plat note which states, "Lots shall not be reduced in size without prior approval
from the health authority." The revised preliminary plat should be provided prior to submittal
of a final plat application.
The preliminary plat does not include a plat note recognizing an ACHD license agreement. The
applicant should provide a revised preliminary plat with a new plat note which states, "This
subdivision is subject to the terms of ACHD License Agreement Instrument No.
." The revised preliminary plat should be provided prior to submittal of
a final plat application.
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• The preliminary plat does not include a plat note prohibiting driveways across common lots.
The applicant should provide a revised preliminary plat with a new plat note which states,
"Driveways are prohibited across all common lots." The revised preliminary plat should be
provided prior to submittal of a final plat application.
The preliminary plat includes a plat note stating, "Surface storm water drainage shall be
directed to proposed onsite storm water management facilities as shown." The applicant
should provide a revised preliminary plat with the plat note revised to say, "A portion of
Lot(s) _, Block(s) _, is servient to and contains the ACHD storm water drainage system.
The lots are encumbered by the certain first amended master perpetual storm water drainage
easement recorded on November 10, 2015, as Instrument No. 2015-103256 within the official
records of Ada County, and incorporated herein by this reference as if set forth in full (the
"Master Easement"). The Master Easement and the storm water drainage system are
dedicated to ACHD pursuant to Section 40-2302 of Idaho Code. The Master Easement is for
the operation and maintenance of the storm water drainage system." The revised preliminary
plat should be provided prior to submittal of a final plat application.
The preliminary plat includes a plat note stating, "All buildable lots shall have a public utility,
irrigation, and drainage easement: 12.0' front and rear - 6.0' side - 12.0' street side." The
applicant should provide a revised preliminary plat with the plat note revised to say, "All lots
are hereby designated as having a permanent easement for public utilities, irrigation, and lot
drainage over the 12-feet adjacent to any public street, over the 6-feet adjacent to any interior
side lot line, and over the 12-feet adjacent to any rear lot line or subdivision boundary. The
easement shall not preclude the installation of landscaping or the construction of fencing or
hard -surface driveways, walkways, and parking, or other such non -permanent structures."
The revised preliminary plat should be provided prior to submittal of a final plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 18,
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 favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the applicant. A summary of the deliberation can be found at the following link (Granicus time:
00:07:30): {raps: (tea rle-idgruiricus.cony luher,,cli L1 _ 1nfe
COMMISSION DECISION REGARDING THE MODIFICATION TO THE DEVELOPMENT
AGREEMENT:
The Commission voted 4 to 0 (Smith absent) to recommend approval of RZDA-2021-07-MOD1 for the
requested new termination date of five (5) years from the Effective Date of the executed development
agreement modification, and for the following staff recommended modifications to conditions of
development 3.4 and 3.9, and the addition of condition of development 3.10 and 3.11 to be placed within
the modified development agreement:
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3.1 The maximum density for the Property shall be 5.44 dwelling units per acre (19-single-family lots)
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C), the City understands and agrees that certain changes in that concept
may occur. If the City determines, in its sole discretion, that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, 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, fencing, shared driveway, pathways, 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 ant 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 Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, 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(J).
(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 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) Similar residential home exterior elevations shall not be used twice within a five (5) home radius
of each other.
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential use.
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3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the
trees. The arborist report and map shall be provided with the submittal of a design review application.
Owner shall provide a narrative indicating which trees will be incorporated into the design of the
subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed
from the site prior to city approval of a tree removal plan.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the common areas throughout the development, 3) elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
screening details of the irrigation pump house (if proposed), 5) proposed useable amenities such as
picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all proposed fencing
throughout the development, 7) cluster mail box, and 8) street lights. The design review application
shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final
plat application.
3.8 Owner shall place a 4'x8' 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.
3.9 The conditions, covenants and restrictions for the Kody Corner Subdivision should contain a
Conservation and Education Program (CEP) Funding Plan. The Funding Plan should be included as
a separate, independent Assessment within the Covenants, Conditions, and Restrictions (CC&Rs)
associated with Kody Corner Subdivision and should require the Homeowner's Association to collect
$5.00 per lot, per month. The CC&Rs should 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 should be executed
by the Owner and the City prior to the City Clerk signing the final plat.
3.10 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.
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Similar residential home exterior elevations shall not be used twice within a five (5) home radius of
each other.
3.11 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.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Smith absent) to recommend approval of CUP-2025-14/PPUD-2025-08/PP-
2025-12 for a conditional use permit, preliminary development plan, and preliminary plat for Kody Corner
Subdivision with the following staff recommended site specific conditions of approval and standard
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZDA-2021-07-
MOD 1 or any subsequent approved modification.
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 applicant shall remove all existing buildings, canopy, and concrete from the property, as shown on
the preliminary plat, prior to the City Clerk signing the final plat. The existing house, accessory
structures, and well house located on Lot 13, Block 1, are permitted to remain as shown on the
preliminary plat.
5. The well located on Lot 13, Block 1, shall only be permitted to remain for supplemental irrigation
use, or shall be abandoned if required by, and according to the requirements of Central District
Health, Idaho Department of Water Resources, or Department of Environmental Quality.
6. If approved by the City Council, a pressurized irrigation waiver request is hereby granted. The
applicant shall provide a letter from Veolia Water agreeing to providing irrigation service prior to
submitting the final plat.
7. The applicant shall construct the natural surface pathway within Lot 10, Block 1, pursuant to the
City's Pathway and Trail Design and Construction Standards (Resolution 23-19) for natural surface
community pathways.
8. The applicant shall include the instrument number for all recorded pathway easements on the final
plat prior to recordation.
9. The developer and future homeowners association shall provide maintenance of all pathways, in
perpetuity.
10. 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.
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11. 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(J).
12. 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.
13. All living trees shall be preserved unless otherwise determined by the Design Review Board. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved for
removal the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's
direction) to protect all trees that are to be preserved, prior to the commencement of any construction
on the site.
14. 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 Section
9-4-1-2).
15. The following setbacks, minimum lot width, and lot coverage requirements shall apply:
Front — Living
20-feet
Front — Garage (Front Load)
30-feet
Front — Garage (Side Load)
25-feet
Rear
20-feet
Interior Side
7.5-feet (first story) 5-feet (each additional story)
Street Side
20-feet
Maximum Lot Coverage
60%
Minimum Lot Width
50-feet
16. 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.
17. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat (ECC Section 9-4-1-8).
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18. Provide documentation from the subdivision contractor indicating that any individual wells located on
the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing
the final plat.
19. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic
systems and drainfields located on -site. Upon removal the applicant shall provide documentation from
the subdivision contractor indicating the septic system and drainfeld were properly abandoned prior to
the City Clerk signing the final plat.
20. Kody Corner Subdivision shall remain under the control of one Homeowners Association.
21. All plat notes that are required on the preliminary development plan/preliminary plat shall be
transferred to the final plat prior to submittal of a final plat application.
22. The applicant shall provide a revised preliminary plat with a new plat note which states, "All
development within this subdivision shall be consistent with the conditions of development within the
development agreement (Instrument No. ) and any subsequent modifications to the development
agreement." The revised preliminary plat shall be provided prior to submittal of a final plat application.
23. The applicant shall provide a revised preliminary plat with a new plat note which states, "Lots shall not
be reduced in size without prior approval from the health authority." The revised preliminary plat shall
be provided prior to submittal of a final plat application.
24. The applicant shall provide a revised preliminary plat with a new plat note which states, "This
subdivision is subject to the terms of ACHD License Agreement Instrument No.
" The revised preliminary plat shall be provided prior to submittal of a final
plat application.
25. The applicant shall provide a revised preliminary plat with a new plat note which states, "Driveways
are prohibited across all common lots." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
26. The applicant shall provide a revised preliminary plat with the plat note revised to say, "A portion of
Lot(s) _, Block(s) _, is servient to and contains the ACHD storm water drainage system. The lots are
encumbered by the certain first amended master perpetual storm water drainage easement recorded on
November 10, 2015, as Instrument No. 2015-103256 within the official records of Ada County, and
incorporated herein by this reference as if set forth in full (the "Master Easement"), The Master
Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302 of
Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage
system." The revised preliminary plat shall be provided prior to submittal of a final plat application.
27. The applicant shall provide a revised preliminary plat with the plat note revised to say, "All lots are
hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over
the 12-feet adjacent to any public street, over the 6-feet adjacent to any interior side lot line, and over
the 12-feet adjacent to any rear lot line or subdivision boundary. The easement shall not preclude the
installation of landscaping or the construction of fencing or hard -surface driveways, walkways, and
parking, or other such non -permanent structures." The revised preliminary plat shall be provided prior
to submittal of a final plat application.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house front
to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City
Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in
the drainage easements. The approved drainage system shall be constructed, or a surety shall be
submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain
clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer
signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage
easement.
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11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation 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 Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle
City Attorney which provide for the use, control and mutual maintenance of all common areas, storage
facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City
Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathway Development
Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise River
floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City
Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and/or Council.
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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 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
■ State the days and hours in which heavy truck traffic is permitted to utilize the designated route(s).
■ Maximize the use of highways and principal arterials while minimizing the use of local residential
streets.
■ State that compression braking is prohibited everywhere in Ada County.
■ Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
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A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted at the
time of the submittal of a final plat application.
3 8. 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 Commission reviewed the particular facts and circumstances of the proposed modifications to the
development agreement (RZDA-2021-07-MOD1) with regard to Eagle City Code Section 8-7-5
"Action by the Commission and Council", and based upon the information provided concludes that the
proposed development agreement modification is in accordance with the City of Eagle Comprehensive
Plan and established goals and objectives because:
a. The existing zoning designation of R-6-DA (Residential with a development agreement) is
consistent with the Compact designation as shown on the Comprehensive Plan Land Use Map. The
Compact designation is suitable for single-family residential with densities ranging from 4 to 8
units per acre and the subdivision is proposed with single-family units and maximum density of
5.44 units per acre;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist or are expected to be provided as
conditioned in the development agreement, to serve all uses allowed on this property under the
proposed zone. Central water service will be provided by Veolia. Correspondence has been
received from Eagle Sewer District, Eagle Fire Department, and Ada County Highway District
stating adequate facilities exist to serve the development with the proposed modifications;
c. The existing R-6-DA (Residential with a development agreement) zoning district 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 land use entitled
through the development agreement;
d. The land proposed for a modification to the development agreement is not located within a "Hazard
Area" or "Special Area" as described within the Comprehensive Plan; and
e. The proposed modifications will not create a non -conforming use within the R-6-DA zone, since
single-family residential is the only proposed and approved use for the development.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CUP-2025-14/PPUD-2025-08/PP-2025-
12) 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 5.44-dwelling units per acre,
which is consistent with surrounding density patterns and the Compact 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-6 zoning
district as implemented by the development agreement, which ensures consistency with
surrounding land uses as development occurs within Randall Acres Subdivision.
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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.
e. The development will be adequately served by essential public facilities, including law enforcement
by the Eagle Police Department, fire protection by the Eagle Fire District, and central sewer and
water services, which the applicant will be required to extend at their own cost. Street
improvements to East Syringa Street, North Parkinson Street, and East Elliot Street have been
conditioned by ACHD, and no deficiencies in other public services have been identified.
Irrigation water is to be provided by Veolia Water, pursuant to a waiver of Eagle City Code Section
9-4-1-9(C)(1), and the applicant is to provide a letter from Veolia Water agreeing to providing
irrigation service prior to submitting the final plat.
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 0.70 acres of community open space that are consistent with the intent of
Eagle City Code requiring parks and open areas within PUDs. The proposed subdivision includes
a neighborhood pathway corridor and a grass field internal to the subdivision for residents to
recreate on.
h. Vehicular access will be provided by existing public local roads along the perimeter of the
development with external access from the south via East State Street. Lots 8 and 9, Block 1, will
be served by a shared private driveway, pursuant to Eagle City Code. ACHD has reviewed the
proposal and conditioned the necessary street and right of way improvements. No traffic impact
study was required.
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 Compact
within the Comprehensive Plan, which envisions single-family residential development in this area.
The proposed development, with a maximum density of 5.44-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.
1. 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.
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In case of large scale development (incorporating eleven (11) 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:
Fire Protection
The Eagle Fire Department will serve the development and has issued conditions of approval that
must be satisfied prior to the issuance of any building permits associated with this development.
Police Protection
Law enforcement will be provided by the Eagle Police Department.
Water Service
The proposed development can be adequately served by public water facilities, as the property is
located within the service area of Veolia Water. 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 and improvement 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 20.2% of passive and active open space. The open
space area will contain a neighborhood pathway corridor and playfield. 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 Kody Corner Subdivision
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Kody Corner 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 extension of all public utilities and road construction will be provided by the developer at no
cost to the public.
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DATED this I st day of June, 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST: 01, f-f�
v, 1) 0
Tracy E. Osb agle City Clerk j
OF ID t
"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis"
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