Findings - PZ - 2026 - CPA-2026-01/A-2026-01/RZDA-2026-01/CUP-2026-05/PPUD-2026-01/PP-2026-01 - Wellspring Subdivision - Comprehensive plan amendment, annexation, rezone from RUT to R-1-DA-P, CUP, PDP, and preliminary plat for Wellspring Sub.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A COMPREHENSIVE PLAN AMENDMENT,
ANNEXATION, REZONE FROM RUT [ADA COUNTY
DESIGNATION] TO R-1-DA-P [RESIDENTIAL WITH
A DEVELOPMENT AGREEMENT-PUD],
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT
FOR WELLSPRING SUBDIVISION FOR ROB R. NASH
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-2026-01/A-2026-01/RZDA-2026-01/CUP-2026-05/PPUD-2026-01/PP-2026-01
The above -entitled annexation, rezone with a development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on June 1, 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:
Rob R. Nash, represented by Dave Yorgason with Tall Timber Consulting, is requesting a
comprehensive plan map amendment to change the future land use map designation from Estate
Residential to Large Lot Residential, annexation and rezone from RUT (Rural -Urban Transition —
Ada County Designation) to R-1-DA-P (Residential with a development agreement — Planned Unit
Development), conditional use permit, preliminary development plan, and preliminary plat approvals
for Wellspring Subdivision, a 49-lot (43-buildable, 6-common [1-private street]) residential planned
unit development. The 45.88-acre site is comprised of two (2) parcels (R8123020011 and
R8123020060) and is generally located north of Trout Road, approximately 2100-feet east of South
Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 660 E Civic Lane, Eagle, Idaho at 6:00 PM, on Thursday,
January 29, 2026, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on February 18, 2026.
A revised compensatory storage report was received by the City of Eagle on March 6, 2026. A
revised narrative and natural features analysis was received by the City of Eagle on March 31, 2026.
A revised preliminary plat and preliminary development plan were received by the City of Eagle on
May 11, 2026.
The owner of the property has consented in writing to the annexation into the City of Eagle.
C. CONTIGUOUS TO CITY LIMITS:
The subject property is contiguous to Eagle City limits along the eastern property boundary.
Page 1 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
D. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on March 2, 2026, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on May 13, 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 May 6, 2026. The site was posted in accordance with the Eagle City Code on
May 18, 2026
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 12, 2025, the Eagle City Council denied an application for a Comprehensive Plan
amendment, annexation and rezone with a development agreement, conditional use permit,
preliminary development plan, and preliminary plat for Evian Subdivision, a 61-lot (50-buildable, 1I-
common [1-private street]) residential planned unit development.
(CPA-2025-04/A-2025-03/RZDA-2025-04/CUP-2025-02/PPUD-2025-02/PP-2025-03 )
F. COMPANION APPLICATIONS:
All applications are inclusive herein.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant is requesting a development agreement to define and limit the uses and residential
density of the site (as stated in the applicant's narrative date stamped by the City on February 18,
2026, 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
Single-family dwelling on
Existing
Estate Residential
Transition — Ada County
an otherwise vacant parcel
designation)
R-1-DA-P (Residential
proposed Single -Family
Proposed
Large Lot Residential
with a development
Residential Subdivision
agreement — PUD)
RUT (Rural -Urban
North of site
Floodway
Transition — Ada County
Boise River
designation)
R6 (Residential -Ada
Mobile Home Parks and
South of site
Estate Residential
County Designation) and
Single -Family Dwellings
RUT
East of site
Public/Semi-Public
PS (Public/Semi-Public)
Eagle Island State Park
RUT (Rural -Urban
West of site
Estate Residential
Transition — Ada County
Single -Family Dwellings
Designation)
Page 2 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
I. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
J. SITE DATA:
Total Acreage of Site — 45.88
Total Number of Lots — 49
Residential — 43
Commercial — 0
Industrial — 0
Common — 6 [1 -private street]
Total Number of Units — 43
Single-family - 43
Single-family attached - 0
Two-family - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
0.94-dwelling units per
0.94-dwelling units per acre
Dwelling Units Per Gross Acre
maximum (as limited by the
acre
development agreement)
Minimum Lot Size
21,819-square feet*
37,000-square feet
Minimum Lot Width
94-feet
75-feet
Minimum Street Frontage
67-feet
35-feet
Total Acreage of Common Area
15.49-acres
14.34-acres
Open Space
Percent of Site as Common Area
33.94%
31.26% (minimum)*
Open Space
Total Acreage of Active Open
2 85-acres (18.43 %)
2.15-acres (minimum) (15%)
Space
*Pursuant to Eagle City Code Section 8-6-5-5, lots within a PUD may be smaller than the
minimum lot size for the underlying zone if the exact square footage of the deficiency is offset by
an equivalent increase in open space.
K. GENERAL SITE DESIGN FEATURES (based on the revised preliminary plat and preliminary
development plan, date stamped by the City on May 11, 2026):
Landscape Screening:
The preliminary plat shows two common lots (Lots 1 and 30, Block 1) located along the frontage of
Hatchery Road at the proposed entrance of Wellspring Subdivision. Lot 1, Block 1, located east of the
proposed entrance, is approximately 0.50-acres and is proposed to include a mailbox cluster and
landscaped open space. Lot 30, Block 1, located west of the proposed entrance, is approximately
8.68-acres and is proposed to contain landscaped open space, an irrigation pond, sewer lift station,
pressurized irrigation pump station, and a large pond.
Page 3 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
Common Area Open Space:
See the preliminary development plan, date stamped by the City on February 18, 2026. Open space
amenities are proposed to include Neighborhood (natural surface) pathways, a covered picnic shelter,
and multiple ponds. The applicant has indicated that the pond located central to the subdivision will
be open for activities such as fishing and paddleboarding. Public access to the Boise River is not
proposed with this subdivision. 33.94% of the overall site is proposed to be open space.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than ten feet (10') wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department.
On -site Septic System:
No on -site septic systems are proposed for the subdivision. Given that the majority of the site lies
within a Special Flood Hazard Area, the use of septic systems would be inconsistent with best
practices for public health, groundwater protection, and floodplain management, and should not be
permitted.
Preservation of Existing Natural Features:
Wetlands have been identified on the property, as shown in the Natural Features Analysis, dated
February 6, 2026. Given the site's proximity to the Boise River and its location within the floodplain,
these wetlands represent a special area of concern and should be preserved. Any future development,
grading, or drainage modifications will need to avoid or appropriately mitigate impacts to wetlands in
accordance with local, state, and federal regulations.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. STREET DESIGN:
See the ACHD staff report, dated March 23, 2026, attached to the staff report.
Private or Public Streets:
All streets within Wellspring Subdivision are proposed to be private. The applicant is requesting a
waiver of Eagle City Code Section 9-3-2-1(I), which limits the proportion of lots that may be served
by private streets. The applicant is also requesting approval for a gated entrance at Hatchery Road,
which is the sole vehicular access point to the subdivision. See page 24 of the applicant's narrative,
date stamped by the City on February 18, 2026, for the applicant's justification of private roads and
gated access.
The applicant is proposing a thirty -two -foot (32') wide private street section with two -foot (2') wide
ribbon curbing. Detached five-foot (5') wide sidewalks and an eight foot (8') wide landscaping Swale
are proposed directly adjacent to the private street.
Page 4 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
PL 58'-0' PL
13'-0'
32'-0'
=13'-0"
8'-0' I 16'-0' f 16'-0' I 8'-0'
V 5'-0'
3'-O' 2' 3'-0' I 2' 14'-0"
14'-0' 2' 13'-0' 2' 3'-0'
5'-0
I
I
T 1.752 SLR. 5` zo0x f. 2.00% SLOPE 2.00% SLOPE -� 2.oD)t .51 --I
PLC j i 1 /C( C
LANDSCAPING SWALE 12' OF 6' I 2'-0' J
MINUS PIT RUN RIBBON CURB
EXTEND (BASE MATERIAL 4' OF iC MINUS LkNDSCAPLNC 4' OF V WNUS
6" BEHIND CURB (TYP) CRUSHED GRAVEL SWALE CRUSHED GRAVEL
3' OF ASPHALT PAVEMENT CONCRETE SIDEWALK PER r4W
STANDARD DRAW SD-709
TYPICAL 32FT PRIVATE STREET
SECTION UNE 35 0" SECTION LINE
17'-6'
I V-6' 6'-0'
I I
2' S'-0" 1'
T 2.00% SLOPE
CONCRETE SIDEWALK PER tSPWC
STANDARD DRAWING SD-709
7174
LATCH EXISTING OR I6' OF 6' OF 34 MIAUS
115E NEW ROAD SECTX)NWHICHEVER
IS GREATER INUS PR RUN USHED GWLVEL
4' OF i:' MINUS D BASE MATERIAL
CRUSHED GRAVEL 6- BEHIND CURB (TYP)
3' OF ASPHALT PAVEMENT STANDARD VERTICAL CURB & GIRTETt PER
ISPWC STANDARD MWNG SD-701
TYPICAL 35FT RIGHT OF WAY (HALF SECTION)
PL 70'-0' PL
13'-0'
44'-0'
34'-0' E 34'-0' I 8'-0'
1' 5'-0' 3'-0' 2' 3'-0' I 2' 32'-0' 32'-0' 2' 13'-0' 2'I 3'-0" 5'-0' 1'
1.75X S(opl-31 � 2.OD% ( 2.00% �� -1 S�OpE 1.75%
.r- 2.002 SLOPE 2.0D% SLOPE - �— —� ii
.� J 1
7LANDSCAPINGE 12' OF6' 2-0'MRR15
PIT RUN RIBBON CURB
ASE MATERIAL 4' OF MINUS LANDSCAPING 4' OF MINUS
6- BEHIND CURB (TYP) CRUSHED GRAVEL SWALE CRUSHED GRAVEL
3' OF ASPHALT PAVEMENT CONCRETE SUEWN.K PER ISPWC
STANDARD DRAWING SD-709
TYPICAL 44FT PRIVATE STREET
Page 5 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
PL
94'-0'
rl
13'-0'
t
68'-0'
t
13'-O'
34'-0'
f
34'-0'
I _
8'-0'
1'
5'-0"
3'-0' 2'
3'-O'
( 2' 32'-0'
'I
32'-0' 2'
13'-0'
2' 3'-0'
5'-0'
1'
I-= Stopt 1
LANDSCAPING SWALE
'Y�
2.00X _ _ 2.00% SLOPE
2.00Z SLOPE . _
2.aoa
9 � �
^�
1.757(
12' OF 6' J
I
2'-0" J
MINUS PR RUN
RIBBON CURB
D(IEND BASE MATERIAL
V BEHIND CURB (TYP)
4' OF Pi MINUS
CRUSHED GRAVEL
LANDSCAPING
SWALE
L 4" OF �' MINUS
CRUSHED GRAVEL
3" OF ASPHALT PAVEMENT
COIICREM
Si7EtWP x PER WK
STMGWD DRAM SD-709
TYPICAL 68FT PRIVATE STREET
Sidewalks:
Detached five-foot (5') wide concrete sidewalks are proposed (separated by an eight -foot [8] wide
landscaping swale), which are located outside of the private street common lot on both sides of the
proposed private streets. Additionally, a five-foot (5') wide natural surface pathway is proposed
within Lot 30, Block 1, adjacent to the ponds within the open space area.
The applicant is proposing the construction of a ten -foot (10') wide multi -use pathway along the
segment of Hatchery Road adjacent to the site.
Curbs and Gutters:
The proposed interior street sections are designed in accordance with Ada County Highway District
and City standards, and include ribbon curbing, detached sidewalks, and landscape swales.
Lighting:
Lighting for the proposed private streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior
to the submittal of the final plat. Any modifications made to the lighting shall be completed before the
final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal of a
final plat application.
M. ON AND OFF -SITE PEDESTRIAN CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation is proposed to be provided by detached five-foot (5') wide sidewalks on both
sides of all private streets.
On April 16, 2026, the Parks, Pathways, and Recreation Commission recommended that all sidewalks
within Wellspring Subdivision be designated for public pedestrian access in perpetuity.
N. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
Page 6 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04P&Z Findings\Wellspring Subdivision -Findings PZ.doc
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The subject property is within the service boundaries of the Eagle Police Department, Eagle Fire
Department, and the Eagle Sewer District. The site is located within a water service boundary that
may potentially be served by either the City of Eagle Water Department or Veolia Water, depending
on service area coordination and infrastructure feasibility. The applicant has expressed an intent to
pursue water service through Eagle City Water.
Regarding central sewer service, the property has not yet been annexed into the Eagle Sewer District,
and public sewer infrastructure is not presently available in the immediate vicinity. However, the area
is identified in the Eagle Sewer District Master Plan as a future service area. According to
correspondence received from the Eagle Sewer District on March 17, 2026, the applicant has initiated
coordination with the District to define the design and location of a new lift station that would be
required to serve the development. The applicant has also reached a preliminary agreement with the
property owner at 4171 Old Valley Road, north of the Boise River, to provide a sewer easement,
which may be executed upon project approval. Further coordination will be necessary to finalize
annexation into the Sewer District and to confirm long-term service availability.
P. SPECIAL ON -SITE FEATURES (Based on the Natural Features Analysis Report for Evian
Subdivision, date stamped by the City on May 5, 2025, and the Aquatic Resources Delineation Report
for Wellspring Subdivision, date stamped by the City on February 18, 2026):
Areas of Critical Environmental Concern — yes; 100-year floodplain and wetlands
Evidence of Erosion — no
Fish Habitat — no
Floodplain — AE Zone (FIRM Panel #16001C0134J) covers the northern 40 +/- acres of the subject
property
Mature Trees — yes; adjacent to the northern property line, within the wetland areas, and in proximity
to Hatchery Road
Riparian Vegetation — yes; riparian trees and vegetation associated with the Boise River
Steep Slopes — no
Stream/Creek — yes; ponds which appear to be hydraulically connected to the north channel of the
Boise River are located within Lots 6 and 30, Block 1
Unique Animal Life — none identified
Unique Plant Life — none identified
Unstable Soils — none identified
Wildlife Habitat — yes; 20 avian species were determined to possibly be impacted by the project, as
well as two insect species and one plant species (see Natural Features Analysis for specific species
information)
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
(The following excerpt was taken from the Aquatic Resources Delineation Report for Wellspring
Subdivision, date stamped by the City on February 18, 2026):
5 1 Summary
Wetland areas were identified at ten of the 18 wetland determination from survey points completed in
the project area during field investigations to the project on May 28, 2025, and May 29, 2025.
Specifically, wetlands were identified at transect points E-1, E-3, E-4, E-6, E-8, E-10, E-13, E-14, E-
16, and E-18. Four types of wetlands were identified in the project area, including Palustrine
Emergent (PEM) wetland areas, Palustrine Forested (PFO) wetland areas, Palustrine Scrub -Shrub
(PSS) wetland areas, and Riverine Unconsolidated Bottom (RUB) wetland areas. The wetlands found
in the proposed Wellspring Subdivision project were determined to exist along earthen and concrete -
lined waterways, ponds, in forested/shrub depressional areas, and in depressional pasture features.
Page 7 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
The wetlands found in the project are influenced by surface irrigation practices, seasonal high flows
from the nearby Boise River, and shallow soil profiles. The total extent of wetlands found in the
project is approximately 6.38-acres in size. However, it is likely that not all of the aquatic resources
identified in the project are jurisdictional, including along the concrete -lined and earthen ditches in
the eastern half of the project.
(The following excerpt was taken from the Natural Features Analysis associated with Evian
Subdivision, date stamped by the City on May 5, 2025):
4 1 Summary of Impacts on Natural Features
The proposed development would result in the conversion of historic pastureland and excavated
ponds into a residential subdivision in a lower -lying area adjacent to the north channel of the Boise
River. The extent to which the ponds and wetlands will be preserved or relocated is not clear at this
point in the planning process.
No sensitive plant or wildlife species were determined to utilize the project upon review of Idaho
Department of Fish and Game IFWIS data. According to the USFWS' Information and Planning
Center (IPaQ, 20 avian species were determined to possibly be impacted by the project, as well as
two insect species and one plant species. Upon review of the project plans and preliminary wetland
mapping results, it appears that the project will impact 6.5 acres of clear, probable, or likely
wetlands. (Table 2)
Much of the project has been heavily grazed by cattle and as a result there is a proliferation of
nonnative, weedy plant species throughout the site. Much of the area is devoid of vegetation much of
the year due to the impacts of cattle. Such conditions do not provide suitable habitat for the multitude
of wildlife species that might otherwise use the project. However, the open space and ponds present
in the project were found to support the numerous avian species during a site visit to the project on
March 11, 2025. Much of the project is surrounded by in -tact riparian trees and shrubs associated
with preserved habitats along the Boise River that likely contributes to the number of birds seen
during the March 2025 site visit to the project. The future subdivision is likely to contain as much
open water due to the construction of additional ponds, and more woody species suitable for
passerines, as landscaping plantings will contain trees and shrubs not currently on -site.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has not proposed a phasing plan with this application; therefore, it is expected that the
project will be completed in a single phase.
S. EAGLE CITY CODE FINDINGS FOR A CONDITIONAL USE PERMIT, PLANNED UNIT
DEVELOPMENT, AND PRELIMINARY DEVELOPMENT PLAN:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
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.
Page 8 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04P&Z Findings\Wellspring Subdivision -Findings PZ.doc
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 [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.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(No such request was included as part of this application):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
Page 9 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
T. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached hereto:
City Engineer: All comments within the engineer's letter dated April 29, 2026, are of special concern.
Ada County Development Services
Ada County Highway District
Boise River Flood Control District 10
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
U. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION:
All comments within the City's Parks, Pathways, and Recreation Commission action report dated
April 21, 2026, are of special concern, attached to the staff report.
V. LETTERS FROM THE PUBLIC:
The following individuals have submitted written public testimony, which is attached to the staff
report:
Jim Mosier, dated May 13, 2026
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:
Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
Large Lot (Proposed Comprehensive Plan Designation)
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate
Residential and Agricultural/Rural designations.
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.
Page 10 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
6.9 Eagle Island Planning Area
The Eagle Island Planning Area is designated for open space, recreation, and limited
residential. This area should contain trails, open space, and parks in conjunction with limited
residential densities of up to 1 unit per 1-2 acres. The visioning for this area is to complete a
pathway and recreation connection across Eagle Island while allowing residential uses that
are sensitive to and set back from critical habitat, wetlands, and Boise River Flood areas. The
following land use and development policies are specific to the Eagle Island Planning Area.
6.9.1 Eagle Island Land Uses
B. Due to the sensitive nature of the planning area and the limited availability of utilities and
sanitation services, residential uses should be limited to large lot residential (1-2 acre
lots) and/or clustered residential lots at the same overall density to preserve areas of
special concern.
C. A pathway and trails network should be encouraged to provide pedestrians/bicycle access
along the Boise River corridor connecting the City to the State Park and beyond.
D. Flood control and sportsman's access to the Boise River should be planned for and
formalized during the development approval process to limit the impacts of informal
access on sensitive habitat, wetland, and floodway areas.
E. Wetlands, habitat, and floodway issues are of great concern in the Eagle Island Planning
Area. Unique land uses such as Eagle Island State Park and the Idaho Fish and Game
Fish Hatchery provide an opportunity to educate the public on the important functions of
the Boise River including habitat, wetlands, and water quality.
6.9.2 Eagle Island Access and Connectivity
A. The primary access to the Eagle Island Planning Area is from Linder Road, Mace Road
via Eagle Road, and the access into Eagle Island State Park at Eagle Island Parkway via
State Highway 44.
B. Linder Road is identified as a major mobility corridor. Due to the limited number of river
crossings, Linder Road will continue to be an important arterial roadway within the City
and region. Access to Linder Road should be consolidated to help limit the impacts to the
Linder Road and the river crossing.
D. A pathway and trails network should be encouraged to provide pedestrian access along
the Boise River corridor and along the interior of the Island from Eagle Road to Eagle
Island State Park. Eagle Island State Park should be a trail hub providing access from all
directions.
E. Special attention should be given to bike and pedestrians crossing of the State Highway
and arterial system into the park. The City should work with ITD, ACHD, and Idaho
Parks and Recreation to ensure that signalized crossings are provided.
6.9.3 Eagle Island Design
A. This area should be recognized as a recreation and open space hub within the City. The
design of the area should focus on pedestrian and bicycle accessibility.
B. The area should be developed with recognition of the sensitivity of the island and the
opportunity to implement management practices in storm water, reuse, conservation, and
environmental design, and education.
Page 11 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
C. Design of lots and homes sites should take into consideration the scenic, wildlife, and
river corridor, and provide sufficient setback and buffering to accommodate the sensitive
habitat and floodway areas.
D. The integration of lot sizes should be seamless with continuity of street design, open
space, trails, and housing throughout the area.
6.9.4 Issues of Concern
A. The focus for the City should be balancing and protecting the interests of the public
ownership, recreational access, private land owners, and the environmentally sensitive
areas (wetlands, habitat, and floodway) located on the island.
B. With a large state park and thousands of annual visitors, the City should work with IP&R
to ensure that the park and surrounding areas are not loved to death. The City should
review options that ensure the preservation and enhancement of the sensitive , areas by
promoting wetlands banking, habitat restoration, and conservation easements instead of
"active" open space.
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 F*
Maximum
Minimum Lot
Zoning
Lot
Area
Minimum
District Maximum Front Rear Interior Street
Covered F
(Square Feet) H*
Lot
Height Side Side
And J*
Width I*
R-1 35' 30' 30' 15' 30'
35%
37,000
100'
Page 12 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
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.
• 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.
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:
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.
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.
Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and building
types, lot dimensions, yards, building setbacks and area requirements;
2. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, office uses and
services;
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)
. Page 13 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
• Eagle City Code Section 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land
area developed in any residential PUD project shall be reserved for common area open space
and recreational facilities for the residents or users of the area being developed.
B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in title 9 of this code.
C. Compliance: All common area open space shall be evaluated for its compliance with the
following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment.
D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent
to, or at a minimum, have direct access to common area open space. The term "direct access"
means all building lots are to be located a maximum of two hundred fifty feet (250') away
from a pathway connecting to a common area open space lot. Building lots separated from a
common area open space lot by a local roadway shall be deemed to have achieved direct
access. The required planter strip located between the sidewalk and the street will not be
permitted to fulfill this requirement.
E. Dedication Of Land For Public Use: A required amount of common open space land reserved
under a PUD shall either be held in corporate ownership by owners of the project area for the
use of each owner who buys property within the development or be dedicated to the public
and retained as common open space for parks, recreation and related uses. Public utility and
similar easements and right of way for watercourses and other similar channels are not
acceptable for common open space dedication unless such land or right of way is usable as a
trail or other similar purpose and approved by the council.
F. Maintenance: The responsibility for the maintenance of all open spaces shall be specified by
the developer before approval of the final development plan.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
B. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may
be allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent (20%),
inclusive of the "offsetting increase" square footage.
Page 14 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment, variation in
building setbacks and building grouping (such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone
under section 8-2-4 of this title.
C. An area equal to the square footage utilized to create lots that are larger than the minimum lot
size may be credited toward the creation of lots which are proportionally smaller than the
minimum lot size in the underlying zone established in section 8-2-4 of this title, provided:
1. There is a favorable finding by the council that the smaller lots are appropriately
integrated into the overall design and that the building product type is compatible with
the PUD and surrounding area.
2. The number of lots below the minimum lot size do not exceed twenty percent (20%) of
the total number of lots within the development.
• Eagle City Code Section 8-6-6: Procedure for Approval of a Planned Unit Development:
When the PUD also qualifies as a subdivision, the processing of the conditional use permit and
subdivision application shall occur at the same time. The granting of a conditional use permit for
a PUD shall require a preapplication, the submission of a preliminary development plan and
approval by the council of a final development plan as specified within this title. a
• 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.
• Eagle City Code Section 8-7-5(D): General Procedure for Amendments: Zoning districts shall be
amended in the following manner:
4. If the request is not in accordance with the Comprehensive Plan, the request shall be
submitted to the planning or planning and zoning commission, or in its absence, the council,
which shall recommend, and the council may adopt or reject an amendment to the
comprehensive plan, under the notice and hearing procedures in section 67-6509, Idaho Code.
After the comprehensive plan has been amended, this title may then be amended as
hereinafter provided for.
Page 15 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-2-5: Private Streets and Private Alleys:
Private streets and private alleys may be permitted, in the discretion of the council, subject to the
following:
D. Compliance: The council must find that any proposed private streets or private alleys are in
compliance with each of the following criteria:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets and or private alleys will serve to enhance the overall development.
2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and
parking are provided.
3. Adequate access for service and emergency vehicles is provided.
4. Access and good transportation planning to adjacent property and to the area travel
networks is not adversely affected.
5. Adjacent property will not be landlocked by the site layout.
6. Other than to provide emergency access, the private streets, or private alleys, do not
connect one public street to another, thereby encouraging travel through the development
served by the private street; provided, however, that in order to provide secondary access,
a private street may have more than one connection to a public street and/or may be
connected to more than one public street if access thereto is controlled by automatic gates
or other control devices approved by the council.
7. The use or alignment of the private streets or alleys do not interfere with the continuity of
public streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets and private alleys, including provisions for the funding thereof.
9. Private streets and private alleys are only permitted within a planned unit development
and are limited to providing access to no more than ten percent (10%) of the lots, except
that private streets and private alleys may serve all single family attached dwelling lots.
B. Construction And Design Standards: Private streets and private alleys shall conform to the
following construction and design requirements:
All private street and private alley construction shall be in accordance with Ada County
highway district's structural standards for streets and alleys including base course and
asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be
recommended by the city engineer and approved by the city council, and shall further be
in accordance with Ada County highway district's intersection design and drainage
requirements, or as may be recommended by the city engineer and approved by the city
council.
Page 16 of 27
K\Planning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
2. Except as may be otherwise set forth in this section, private streets and private alleys
shall meet such design and dimensional requirements as the council may determine are
appropriate considering the proposed use and the site upon which the private streets are to
be placed, however, all private streets shall contain paved travel lanes a minimum of
twelve feet (12) in width and private alleys shall contain paved travel lanes a minimum
of ten feet (10') in width and shall provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic for private streets and vehicle traffic
for private alleys. Vertical curbing shall be provided for private streets that are less than
thirty-four feet (34') in total width. Alleys must utilize other curb types.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
However, alternative sidewalk and landscape strip designs may be approved by the City
Council based upon a finding made by the Council that characteristics and qualities of the
development justify the alternate design. Sidewalks and planter strips, as referenced
within subsection 9-4-1-6F of this title, shall not be required along alleys.
4. The design engineer shall identify on the construction drawings for the review and
approval by the city engineer, all traffic signs needed for the project, including, but not
limited to, designated parking and "no parking" areas, speed, stop, and such other signs as
are required for safe pedestrian and vehicle travel.
5. All private streets and private alleys shall, during the progress of construction, be
inspected and tested, at the expense of the owner or developer, by a qualified inspector in
order to ensure compliance with the construction and design standards set forth in this
section, the construction drawings as prepared by the registered professional engineer,
and good engineering and construction practices. Reports of such inspections and tests
shall be submitted, together with a certification of such compliance, for the review and
approval by the city engineer.
6. All dead end private streets and private alleys shall terminate at one of the following
approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle
fire district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city
engineer, and city council.
d. Private streets and private alleys not exceeding 150-feet may terminate with no turn-
around if approved by the Eagle Fire District.
The design of all private streets and private alleys and related storm drainage facilities
shall be prepared by a licensed professional engineer in the state in substantial
conformance with engineering and design standards in effect at the time of preparation of
the design. Construction drawings, together with a certification of such conformity, shall
be submitted for the review and approval by the city engineer. No part of this section
shall be construed as allowing a private street that is not in conformance with current
engineering and design standards.
If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
Page 17 of 27
KAPlanning Dept\F.agle Applications\Subdivisions\Wellspring\03-Wonting Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets and private alleys as follows:
A plan and schedule for the future repair and maintenance of the private street and private
alley and drainage facilities for the period of the expected lifetime thereof and a cost
estimate therefor prepared by a licensed professional engineer in the state, together with a
proposed method for funding the same, including, but not limited to, the creation and
maintenance of a reserve fund for that purpose, shall be submitted with the final plat
application for review and approval by the city engineer and city council.
2. The location of private streets and private alleys shall be clearly depicted on the face of
the plat and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
streets or private alleys the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private streets or private
alleys cannot be modified and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private streets or private alleys
shall be recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private streets or private alleys in
accordance with the approved plan as provided for in subsection Cl of this section. Said
restrictive covenant shall also provide that the said covenant shall run with the land and
that the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city.
The said restrictive covenant shall be reviewed and approved by the city attorney prior to
certification and signing of the final plat by the city engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the
entity responsible for the maintenance of any private streets or private alleys approved in
accordance with the provisions of this section to undertake such repair and maintenance
activities as it may determine is necessary to protect the public health, safety, or welfare
and make such expenditures from the funds reserved therefor as may be required thereby;
and the owner or responsible entity shall, as a condition of approval of any such private
street, be deemed to have agreed to comply with any such order and to reimburse the city
all of its costs, including attorney fees, incurred in obtaining or enforcing any such order.
Any order entered by the council pursuant to this subsection may be enforced by a court
of competent jurisdiction and the city shall be entitled to recover its costs and attorney
fees incurred in connection therewith.
D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all
respects, conform to all applicable components of the comprehensive plan.
Page 18 of 27
KAPlanning Dept\Eagle Applications\Subdivisious\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
E. Waiver: The council may waive or modify any of the standards or requirements of this
section when the private streets or private alleys have been determined to be an integral
element of the overall plan and scheme of the development or will serve to enhance the
overall development; provided, however, that any such waiver shall not be injurious to public
health or safety.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common destinations
such as schools, parks, shopping centers, etc. The following factors will be considered in the
placement of any pathway: the utility and need for a given pathway, impacts to existing
neighborhoods, compliance with the comprehensive plan and trails and pathways master plan
pathway design as it relates to both crime prevention and function, and the responsibilities of
ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where it
is shown to be inappropriate), that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways master
plan;
d. Neighborhoods;
e. Shopping areas;
f. Public lands;
g. Transportation or other community facilities, and vacant parcels, held either publicly
or privately which could provide future neighborhood connection(s) to the above
noted sites; and
h. In similar cases where deemed appropriate.
2. In addition, pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half (1/2) mile alongside a local or collector roadway in order to reach the
desired destination.
• Eagle City Code Section 9-5-4: Planned Unit Development Subdivisions:
A planned unit development is a mechanism by which the City may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics with
features of a particular site in a manner consistent with the public health, safety and welfare. A
planned unit development allows for innovations and special features in site development,
including the location of structures, conservation of natural land features, conservation of energy
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments.
Page 19 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
• Eagle City Code Section 9-5-7: Subdivision within a Floodplain:
In addition to the provisions of this title, any subdivision within the designated floodplain of the
City shall comply with all applicable provisions of the floodplain regulations of the City as now
in effect or as may hereafter be amended.
• Eagle City Code Section 9-5-8: Subdivision within an Area of Critical Concern:
E. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as
areas of critical concern by the city council or by the state of Idaho. Special consideration
shall be given to any proposed development within an area of critical concern to assure that
the development is necessary and desirable and in the public interest in view of the existing
unique conditions. Hazardous or unique areas that may be designated as areas of critical
concern are as follows:
1. Earthquake location;
2. Unstable soils;
3. Unique animal life;
4. Unique plant life;
5. Scenic areas;
6. Historical significance;
7. Floodplain;
8. Center city;
9. Areas within the area of city impact 1 , but outside city boundaries; and
10. Other areas of critical concern.
B. Environmental Assessment Plan: The developer shall prepare and submit an environmental
assessment along with the preliminary plat application for any development that is proposed
within an area of critical concern.
The contents of the environmental assessment shall be prepared by an interdisciplinary team
of professionals that shall provide answers to the following questions:
1. What changes will occur to the area of environmental concern as a result of the proposed
development?
2. What corrective action or alternative development plans could occur so as not to
significantly change the area of environmental concern?
3. What changes in the area of environmental concern are unavoidable?
4. What beneficial or detrimental effect would the development have on the environment
including, but not limited to, animal life, plant life, social concerns, economic, noise,
visual, available farmland and other?
C. Areas Of Critical Concern: The following areas are specifically identified as areas of critical
concern:
Boise River Floodplain: The Boise River floodplain and certain intervening and
immediately adjacent areas are designated as areas of critical concern due to their
ecological and scenic significance. This area comprises the two (2) channels of the Boise
River and intervening and immediately adjacent areas, as depicted on the land use
designation map of the most recently adopted comprehensive plan, as a "special area",
including that portion in the Eagle impact area.
Page 20 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Worldng Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
D. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 10-1-2: Objectives and Methods of Reducing Flood Losses:
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in flood heights, velocities, or
erosion;
B. Requiring that development which is vulnerable to floods, including structures and facilities
necessary for the general health, safety, and welfare of citizens, be protected against flood
damage at the time of initial construction;
C. Preserve and restore natural floodplains, stream channels and natural protective barriers
which help accommodate or channel floodwaters;
D. Control filling, grading, dredging and other development which may increase flood damage
or erosion; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
• Eagle City Code Section 10-1-4: Compliance with Provisions:
No structure or land shall hereafter be constructed, located, extended, converted, developed, or
altered without full compliance with the terms of this chapter and other applicable regulations.
• Eagle City Code Section 10-1-5: Rules and Definitions:
BASE FLOOD ELEVATION (BFE): A determination by the federal insurance administrator of
the water surface elevations of the base flood, that is, the flood level that has a one percent (1%)
or greater chance of occurrence in any given year. When the BFE has not been provided in a
special flood hazard area, it may be obtained from engineering studies available from a federal,
state, or other source using FEMA-approved engineering methodologies. This elevation, when
combined with the freeboard, establishes the flood protection elevation.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all
sides.
CRAWL SPACE: The area of a house or structure between the lowest finish floor and the bottom
of the foundation excavation enclosed by continuous foundation walls.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but
not limited to, the construction of buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a
floodplain development permit; such as: the construction of buildings, structures, or accessory
structures; additions or substantial improvements to existing structures; bulkheads, retaining
walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of
materials; the construction or elevation of dikes, berms and levees.
FINISHED FLOOR: The finished floor is the first habitable walking surface referenced in the
elevation certificate (FEMA form 81-31 sections C2a and C2b) as the top of the next highest floor
or the top of a slab on grade floor.
Page 21 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard
A. In special flood hazard areas where base flood elevations (BFEs) have been determined, this
elevation shall be the BFE plus two feet (2') of freeboard
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot (F).
LETTER OF MAP CHANGE (LOMC): An official FEMA determination, by letter, to amend or
revise effective flood insurance rate maps, flood boundary and floodway maps, and flood
insurance studies. LOMCs are issued in the following categories:
C. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the
special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on
the placement of fill outside the existing regulatory floodway. The LOMR-F does not change
the FIRM, FBFM, or FIS report.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
• Eagle City Code Section 10-1-8-6: Specific Standards
In all cases of special flood hazards where the base flood elevation (BFE) data has been provided
as set forth in section 10-1-6 of this chapter, the provisions of this section shall be required:
A. Residential Construction:
1. Connection to a central sewage treatment system shall be required. This requirement may
be waived by the City Council if the Central District Health Department recommends
approval of an alternate method of sewage treatment and disposal. Residential
development within the floodplain may be clustered (through approval of a PUD) to
facilitate the economics of the sewage infrastructure.
2. New construction and substantial improvement of any residential structure (including
manufactured homes) shall have a finish floor elevated no lower than the flood protection
elevation, as defined in section 10-1-5, and the lowest floor, including basement and
crawl space, shall be elevated to a minimum of one foot (F) above the base flood
elevation.
3. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
a. A minimum of two (2) openings on different sides having a total net area of not less
than one square inch for every square foot of enclosed area subject to flooding shall
be provided.
b. The total net area of all flood openings must be at least one (1) square inch for each
square foot of enclosed area subject to flooding.
c. If a building has more than one (1) enclosed area, each enclosed area must have flood
openings to allow floodwaters to automatically enter and exit.
d. The bottom of all required flood openings shall be no higher than one foot (F) above
the interior or exterior adjacent grade.
Page 22 of 27
KRIanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
e. Flood openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
f. Enclosures made of flexible skirting are not considered enclosures for regulatory
purposes, and, therefore, do not require flood openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and requires
flood openings as outlined above.
E. DISCUSSION:
• The applicant is requesting to amend the Comprehensive Plan Land Use Map to redesignate the
subject property from "Estate Residential" to "Large Lot Residential" in support of a concurrent
request to rezone the site to R-1-DA-P (Residential with Development Agreement - Planned Unit
Development).
The "Estate Residential" Comprehensive Plan designation is intended to function as a transitional
land use between agricultural and urban development, with densities ranging from 1 unit per 5
acres to 1 unit per 2 acres and encourages small-scale agriculture and horticulture. Development
intensity within the Estate Residential designation may be limited by the availability of
infrastructure and roadway capacity.
The "Large Lot Residential" designation, by contrast, is intended to support suburban, large lot
residential development with densities ranging from 1 unit per acre to 1 unit per 2 acres.
The subject property is located within the Eagle Island Planning Area within the Comprehensive
Plan, which is guided by policies emphasizing low -density residential development (generally 1
unit per 1-2 acres), integration of open space and recreational amenities, and protection of
environmental features such as wetlands, wildlife habitat, and floodplain areas.
The applicant is proposing a residential density of 0.94-dwelling units per acre, which is consistent
with the density range associated with the Large Lot Residential designation and is generally
consistent with the density framework identified for the Eagle Island Planning Area.
• These applications were reviewed by the Parks, Pathways, and Recreation Commission (PPRC) on
April 16, 2026. During deliberation of the application, the PPRC expressed a preference for the
incorporation of a public pathway connection along the northern portion of the site adjacent to the
Boise River, generally consistent with the future pathway alignment identified in the 2019 City of
Eagle Pathways and Trails Master Plan. The applicant is not proposing a public pathway
connection in this location with this application. No formal pathway alignment, easement location,
or feasibility analysis associated with such a connection has been submitted for review at this time.
• Sewer service is not currently available to the subject property, and the site is not annexed into the
Eagle Sewer District. The subdivision lies within a future service area identified in the Eagle
Sewer District's Master Plan, but public sewer infrastructure must be extended to serve the
development. At this time, the applicant has initiated coordination with the Sewer District and has
engaged in preliminary discussions with the owner of 4171 Old Valley Road, located directly
north of the subject site and the adjacent Boise River, regarding a potential sewer easement to
facilitate service. Due to the lack of existing sewer infrastructure on or adjacent to the site, it is
likely that a sewer easement across one or more off -site properties will be required to establish
service connectivity. While the City does not require that sewer access be obtained from or
through a specific location, the route through 4171 Old Valley Road appears to be the most
accessible location based on the applicant's preliminary discussions with Eagle Sewer and
adjacent property owners, current site constraints, and proximity to existing infrastructure. A
recorded sewer easement and confirmation of service capacity should be required prior to
submittal of a final development plan and final plat application.
Page 23 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
• The applicant is requesting an annexation and rezone to R-1-DA-P (Residential with Development
Agreement — PUD). The applicant is not requesting any deviations from the applicable R-1 zoning
standards; therefore, development of this site should be subject to the requirements of the R-1 zone
as set forth in Eagle City Code. Pursuant to Eagle City Code Section 8-2-4, the setbacks and lot
area regulations for the R-1 zoning designation are as follows:
Front: 30-feet
Rear: 30-feet
Interior Side: 15-feet
Street Side: 30-feet
Maximum Lot Coverage: 35%
Minimum Lot Area: 37,000-square feet
Minimum Lot Width: 100-feet
However, the proposed private street section includes detached sidewalks and landscape swales
located within individual lots, with the property line located immediately adjacent to the ribbon
curb. The proposed street section includes an eight -foot (8') wide landscape swale and a five-foot
(5') wide detached sidewalk located between the property line and the back of sidewalk.
Because front setbacks are measured from the property line, the proposed street section effectively
reduces the distance between the principal structure and the back of sidewalk by approximately
thirteen -feet (13'). Accordingly, a standard thirty-foot (30') front setback measured from the
property line would result in an effective setback of approximately seventeen feet (17') from the
back of sidewalk.
Additionally, pursuant to Eagle City Code, front -load garages are required to maintain a minimum
setback of twenty-five feet (25') as measured from the back of sidewalk. To maintain compliance
with this standard, a minimum front setback of thirty-eight feet (38') for front -load garages should
be required. As such, the required setbacks and lot area regulations should be as follows:
Front — Living:
Front — Garage (Front Load):
Rear:
Interior Side:
Street Side:
Maximum Lot Coverage:
Minimum Lot Width:
30-feet (or 17-feet measured from back of sidewalk)
38-feet (or 25-feet measured from back of sidewalk)
30-feet
15-feet (first story) +5-feet (each additional story)
30-feet
35%
100-feet
A minimum 100-foot (100') setback, measured from the edge of the designated
floodway, shall be maintained on Lots 17-30, Block 1.
The applicant is utilizing the provisions of Eagle City Code Section 8-6-5-5, which allows for
reduced lot sizes within a Planned Unit Development when offset by an increase in common open
space. While the proposal includes an overall open space area that exceeds the minimum required,
Eagle City Code also limits the number of lots that may be below the minimum lot size to no more
than twenty percent (20%) of the total lot count. As proposed, the subdivision exceeds this
threshold. Accordingly, the applicant is requesting a waiver from Eagle City Code Section 8-6-5-
5(B)(2) to allow a greater percentage of lots below the minimum lot size.
• Regarding private streets, the applicant is requesting a waiver from Eagle City Code Section
9-3-2-1(I), which limits the number of residential lots that may be served by private streets within
a Planned Unit Development (PUD) to no more than ten percent (10%) of the total lot count. As
proposed, 100% of the lots within the subdivision would be served by a private street network.
Page 24 of 27
K\Planning Dept\Fagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
• The applicant is also requesting approval for a private gated entry at Hatchery Road, which is the
sole vehicular access point to the subdivision. Pursuant to Eagle City Code, private gated access to
residential subdivisions must be specifically approved by City Council. If gated access is approved
with this application, the final design and configuration of the gate should be reviewed and
approved by the Design Review Board and City Council prior to submittal of a final development
plan and final plat application.
Gated private streets may present operational challenges for routine services such as trash
collection, mail delivery, utility maintenance, and parcel delivery. If the gated concept is approved,
to avoid future access conflicts and ensure continuity of essential services, the applicant should
obtain written confirmation from all applicable service providers (specifically Hardin Sanitation
and the US Postal Service, at minimum), verifying that the proposed private street and gated
access configuration are acceptable for the agencies' operational needs.
• The applicant is proposing a thirty-two foot (32) wide private street section to serve all residential
lots within the subdivision. Pursuant to Eagle City Code Section 9-3-2-1(B)(2), private streets are
required to include vertical curbing when the total width of the street section is less than thirty-four
feet (34'). As proposed, the street section does not include vertical curbing.
While the applicant's design meets the required travel lane width, the absence of vertical curbing
on a 32-foot wide street is a deviation from the standard design criteria. However, Eagle City Code
Section 9-3-2-1(E) grants the City Council discretion to approve alternative private street
configurations based on the specific use and site context, provided that the design ensures safe,
convenient, and effective movement of vehicular and pedestrian traffic.
If the City Council finds that this deviation from private street standards is appropriate, the design
of the private streets within Wellspring Subdivision may be acceptable as proposed.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
June 1, 2026, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. A total of eleven (11) individuals signed the public hearing sign -in sheet. Of those, one (1) signed in
favor of the applications and ten (10) signed in opposition. Signing the public hearing sign -in sheet
does not necessarily indicate that the individual provided oral testimony.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
one (1) individual who stated the following:
• One speaker expressed support for the applications, citing the extension of centralized water and
sewer services to the area, concerns regarding the continued use of individual septic systems, and
the property owner's ability to develop the site consistent with applicable regulations.
D. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by eight (8) individuals who stated the following:
Several members of the public expressed concerns regarding potential floodplain and drainage
impacts associated with the proposed development. Testimony referenced historical flooding
events in the area, including the 2017 flood event, observations of groundwater and surface water
flooding, uncertainty regarding the routing and storage of floodwaters, and concerns that
additional development could adversely affect existing flood conditions. Some testimony
requested additional hydraulic analysis or third -party review of floodplain impacts.
Page 25 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
• Several members of the public raised concerns regarding the presence of wetlands, riparian habitat,
and wildlife within and adjacent to the project site. Testimony indicated that the area contains
significant environmental resources and wildlife activity and expressed concern regarding
potential impacts to wetlands, wildlife habitat, and the surrounding natural environment.
• Testimony was provided regarding transportation and access concerns, including the capacity of
Hatchery Road and Linder Road, existing traffic conditions, anticipated construction traffic,
roadway safety, and the timing of planned transportation improvements within the area. Concerns
were also expressed regarding emergency access and evacuation during flood events.
• Several speakers stated that they have personally experienced flooding impacts in the vicinity of
the project site, including property damage, standing water, groundwater intrusion, road closures,
and evacuation activities during previous flood events.
• One speaker expressed concern that the extension of sewer infrastructure to the area could
facilitate future redevelopment or increased development intensity on nearby properties.
E. Rebuttal was presented to the Commission by the applicant who indicated the following:
• The applicant stated that development at a higher residential density may be permissible under Ada
County jurisdiction and indicated that the proposed subdivision density is lower than what could
potentially be developed under county regulations.
• The applicant stated that the natural features analysis and wetland evaluations submitted with the
application were prepared by independent third -party consultants and were not prepared by the
applicant.
• In response to traffic concerns, the applicant stated that nearby mobile home communities currently
exist at a higher residential density than the proposed subdivision and noted that emergency access
would be provided via Pitkin Lane.
• The applicant stated that groundwater monitoring was conducted over two seasons and that the
resulting data was incorporated into the preliminary compensatory storage analysis submitted with
the application. The applicant further stated that the analysis was reviewed by the City Engineer.
• In response to concerns regarding transportation infrastructure, the applicant stated that the planned
expansion of Linder Road is independent of the proposed development and would occur regardless
of whether the subdivision is approved. The applicant also noted that future residents would
contribute impact fees associated with transportation improvements.
• The applicant stated that substantial effort had been made to address floodplain requirements and
expressed the opinion that some public concerns regarding flooding may be based on a
misunderstanding of the proposed floodplain mitigation measures.
• The applicant stated that the Ada County Highway District (ACHD) determined that a Traffic
Impact Study was not required for the proposed development.
• The applicant stated that the proposed development will be required to demonstrate compliance
with applicable floodplain regulations, including demonstration that the project will not adversely
impact adjacent properties. The applicant further stated that the site includes the compensatory
storage necessary to support the proposed development.
Page 26 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on the information provided by
the applicant and the testimony provided. A summary of the deliberation can be found at the following
link:
(Granicus time: 00:06:38) https:Ilea le-id.granic•us.corn/plcaver/clip/2243
COMMISSION DECISION:
The Planning and Zoning Commission considered the application and, on a 2 to 2 vote with one member
absent (Oland and Guerber in favor, Wright and Smith against, McCauley absent), failed to achieve a
majority on a motion to recommend denial. Accordingly, no recommendation is forwarded to City
Council for CPA-2026-01/A-2026-01/RZDA-2026-01/CUP-2026-05/PPUD-2026-01/PP-2026-01 for a
comprehensive plan amendment to change the future land use map designation from Estate Residential to
Large Lot Residential, annexation, rezone from RUT (Rural -Urban Transition, Ada County designation)
to R-1-DA-P (Residential with a development agreement — Planned Unit Development), conditional use
permit, preliminary development plan, and preliminary plat for Wellspring Subdivision.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 15`h day of June 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
n
Trent Wright, Chairman
ATTEST:
Trac �. Osborn, Eagle City Clerk
��.•` OF Eq "",,
%SEALq; *
., qpF OF �pP ��.•
Page 27 of 27
KAPlanning DeptTagle Applications\Subdivisions\Wellspring\03-Working Files\03-Planning and Zoning\04-P&Z Findings\Wellspring Subdivision -Findings PZ.doc