Findings - 2026 - A-2025-05/RZDA-2025-07/CUP-2025-06/PPUD-2025-06/PP-2025-07 - Annexation, rezone from RUT to R-3-DA-P, conditional use permit, preliminary plat for Mabury SubBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF THE APPLICATIONS
FOR AN ANNEXATION, REZONE FROM RUT
[RURAL URBAN TRANSITION — ADA COUNTY
DESIGNATION] TO R-3-DA-P [RESIDENTIAL
WITH A DEVELOPMENT AGREEMENT — PUD],
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT
FOR MABURY SUBDIVISION FOR STERLING
HOMES INC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-2025-05/RZDA-2025-07/CUP-2025-06/PPUD-2025-06/PP-2025-07
The above -entitled annexation, rezone with a development agreement — PUD, conditional use permit,
preliminary development plan, and preliminary plat applications came before the Eagle City Council for
their consideration on May 12, 2026, at which time public testimony was taken. The City Council
continued the item to the May 26, 2026, City Council meeting, again to the June 23, 2026, City Council
meeting, and again to the July 28, 2026, City Council meeting, at which time additional public testimony
was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Sterling Homes Inc, represented by David Sterling with Ardurra, is requesting annexation, rezone
from RUT (Rural Urban Transition — Ada County designation) to R-3-DA-P (Residential with a
development agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat approvals for Mabury Subdivision, a 13-lot (10-buildable, 3-common [2-open
areas, 1-shared drive]) residential planned unit development. The 5.13-acre site is located on the
south side of West Floating Feather Road, approximately 400 feet east of Park Lane at 1010
North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 574 North Park Lane in the parking lot of Eagle High
School at 6:00 PM, Wednesday, June 18, 2025. A second Neighborhood Meeting was held at 574
North Park Lane in the parking lot of Eagle High School at 6:00 PM, Tuesday, July 8, 2025, in
compliance with the application submittal requirements of Eagle City Code. The applications for
this item were received by the City of Eagle on August 14, 2025.
A revised preliminary development plan and preliminary plat were received on November 24,
2025. A second revised preliminary development plan and preliminary plat were received on
March 12, 2026.
A revised fencing plan was received by the City of Eagle on April 20, 2026. A second revised
fencing plan was received by the City of Eagle on April 23, 2026. The owner of the property has
consented in writing to the annexation into the City of Eagle.
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C. CONTIGUITY TO CITY LIMITS:
The subject property is contiguous to Eagle city limits along the northern, eastern, southern, and a
portion of the western property boundary.
D. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on Friday, February 27, 2026. Notice of this public hearing was mailed to property
owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on February 24, 2026. The site was posted in accordance with the Eagle City Code on
March 2, 2026. Requests for agencies' reviews were transmitted on December 1, 2025, in
accordance with the requirements of the Eagle City Code.
Notice of the Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
April 24, 2026. Notice of the 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 21, 2026. The
site was posted in accordance with the Eagle City Code on April 27, 2026.
E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
No relevant previous actions associated with these applications have been identified.
F. COMPANION APPLICATIONS:
All applications are inclusive herein.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification statement provided in an email to staff dated March 2, 2026.
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING DESIGNATION
LAND USE
Existing
Neighborhood Residential
RUT (Rural -Urban Transition
Single -Family Dwelling,
with a Transitional Overlay
— Ada County designation)
Irrigated Agriculture
Neighborhood Residential
R-3-DA-P (Residential with a
Single -Family
Proposed
with a Transitional Overlay
development agreement —
Residential Subdivision
North of
Neighborhood Residential
R-E (Residential Estate)
Church
site
with a Transitional Overlay
South of
site
public/Semi-Public
PS (Public/Semi-Public)
Public High School
Neighborhood Residential
R-E-DA (Residential Estate
Single -Family
East of site
with a Transitional Overlay
With a development
Dwellings with
agreement)
Accessory Structures
R-3-DA (Residential with a
West of site
Neighborhood Residential
development agreement) and
Residential Subdivision
with a Transitional Overlay
RUT (Rural -Urban Transition
(Monticello Estates)
— Ada County designation)
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I. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the citywide design review overlay district.
J. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within the wildland-urban interface overlay district.
K. SITE DATA:
Total Acreage of Site — 5.13
Total Number of Lots — 13
Total Number of Units — 10
Residential — 10
Commercial — 0
Industrial — 0
Common — 3 [2-open space, 1-private drive]
Single-family - 10
Single-family attached - 0
Two-family - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
1.95 dwelling units per acre
Dwelling Units Per Gross Acre
1.95 dwelling units per acre
(as limited within the
development agreement)
Minimum Lot Size
12,298-square feet
10,000-square feet minimum
Minimum Lot Width
95-feet
75-feet minimum
Minimum Street Frontage
82-feet
35-feet minimum
Total Acreage of Common Area
1.21-acres
0.92-acres
Open Space
Percent of Site as Common Area
23.59%
18% minimum
Open Space
Percent of Common Area Open
19.01%
15%
Space as Active Open Space
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L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat shows two (2) open space common lots (Lot 2, Block 1, and Lot 2, Block 2).
Lot 2, Block 1, consists of 0.61-acres and is located along the northern subdivision boundary,
abutting West Floating Feather Road to the north, and extending southward around the westward
facing portion of the cul-de-sac at the terminus of North Chase Ridge Place. The lot is proposed
to include a 50-foot (50') wide landscape buffer with a 5-foot tall berm, an irrigation pond, and a
pressurized irrigation pump station. Lot 2, Block 2, consists of 0.59-acres and is located on the
southern boundary of the subdivision, which coincides with the centerline of the McHenry
Lateral. The lot contains a 50-foot (50') wide easement from the southern subdivision boundary
in favor of Drainage District #2 (DD2) and is proposed to include a picnic area, an ACHD
seepage bed, and two natural surface pathways.
Common Area Open Space:
Proposed amenities, which attribute to the subdivision's Active Open Space, include a pergola
and picnic area with a bocce ball court overlooking the McHenry lateral and Eagle High School
athletic fields. An 8-foot wide (8') natural surface (gravel) Community pathway is proposed
along the canal and will be accessed by residents via a 6-foot (6') wide natural surface (gravel)
Neighborhood pathway which will traverse the hillside. The irrigation pond in the northerly
common lot is located along the North Chase Ridge Place cul-de-sac sidewalk and will be a
scenic amenity for residents as well.
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&Rs 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 10-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 on -site septic systems are proposed for the subdivision.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
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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.
M. STREET DESIGN:
Public Streets:
All streets within Mabury Subdivision are proposed to be public and include West Monticello
Street, North Chase Ridge Place, North Chase Ridge Avenue, and West Chase Bluff Street.
The applicant is proposing a 33-foot (33') wide residential street section with rolled curbing.
Detached 5-foot (5') wide sidewalks with an 8-foot (8') wide planter strip adjacent to the public
streets.
y
PEHAIANEE41 TTR—TG 'AAY f, PERMA ENI
SIDEWALK EASCMCN' � SIUE'+VAtk CA: CLIENT
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ASPHALTIC PAVEMENT
'a' MINUS AGGREGATE. BASE
r' MINUS III RUN SUBMSI.
I E U SUB(-1
LOCAL RESIDENTIAL STREET SECTION
DRAINAGE SWALE
SHOULDER
- SPJ, 0 5 INCH 0,7) MIA, PG" 2a I IVE INCHES THICK
A' OF 14' MINUS CRUSHED GRAVEL
TS' OF 8' MINUS PIT RUN
COMPACTED STADLE SUSGRADE
FLOATING FEATHER HALF STREET SECTION
See the Ada County Highway District staff report, dated January 1, 2026, attached to the staff
report.
Cul-de-sac Design:
One cul-de-sac with a 50-foot radius is proposed at the terminus of North Chase Ridge Place and
includes a landscape island with a radius of 10-feet.
Sidewalks:
5-foot (5') wide detached sidewalks are proposed along both sides of all local streets within
Mabury Subdivision with an 8-foot (8') wide parkway planter strip, as measured from the edge of
the sidewalk to the back of the curb. The applicant is proposing to provide pedestrian ramps on all
sides of the intersection at West Monticello Street, North Chase Ridge Place, and North Chase
Ridge Avenue.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat.
N. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
An 8-foot (8') wide natural surface (gravel) Community pathway is proposed along the north side
of the McHenry Lateral, located within the Drainage District #2 canal easement. Residential
access to the pathway will be by a 6-foot (6') wide natural surface (gravel) Neighborhood
pathway connection extending from the sidewalk on the south side of the shared drive to the canal
pathway.
A 10-foot (10') wide concrete multiuse pathway is proposed along the south side of West
Floating Feather Road, however a connection to the pathway from the neighborhood is not
proposed. (Also see comments under "Sidewalks" above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified by the
City Council. Local streets will be built to ACHD standards.
O. PUBLIC USES PROPOSED:
No public uses are proposed within these applications.
P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists
Q. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site will be annexed into the Eagle Sewer District, and the developer will install sewer
infrastructure within the site to accommodate development. A sewer main line is currently located
in West Monticello Street.
Central water services will be provided by Veolia. A water main line is currently located in West
Monticello Street.
Emergency services will be available through the Eagle Police Department, which is contracted
through Ada County, and the Eagle Fire District. The nearest fire station is approximately 0.9
miles from the site. The site will be accessed from Park Lane and designed with a stub street for
future eastward extension of West Chase Ridge Bluff Street.
Stormwater conveyance and facilities will be designed in accordance with City of Eagle and Ada
County Highway District requirements.
A traffic impact study has been completed and has been reviewed and approved by the Ada
County Highway District and the developer is required to comply with all requirements of the
traffic study and the Ada County Highway District.
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R.
S.
l8J
SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — None known
Evidence of Erosion — None known
Fish Habitat — None known
Floodplain — None known
Mature Trees — There are existing trees located along the McHenry Lateral within the DD2 canal
easement which are required by DD2 to be removed as a condition of any development within the
DD2 canal easement.
Riparian Vegetation — None known
Steep Slopes — The southern portion of the site slopes downward from the north to the south at
roughly 10-feet horizontal to 1-feet vertical (10:1) with approximately 20-feet of total relief.
Stream/Creek — The McHenry Lateral flows from east to west along the southern boundary of the
subdivision.
Unique Animal Life — None known
Unique Plant Life — None known
Unstable Soils — None known
Wildlife Habitat — None known
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
A Natural Features Analysis for the subject site was completed on July 22, 2025, and did not
indicate that an environmental assessment plan would be needed for development of the site.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has stated in an email to staff, received on December 11, 2025, that the entire
project including all improvements will be constructed in one phase and that dates have not been
set for start or completion of work.
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.
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.
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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.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
City Engineer: All comments within the engineer's letter dated December 3, 2023, are of special
concern (attached to the staff report)
Department of Environmental Quality
Drainage District #2
Eagle Fire District
Eagle Sewer District
Idaho Transportation Department
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W. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION
COMMISSION:
All comments within the City's Parks, Pathways, and Recreation Commission action report, dated
December 18, 2025 and attached to the staff report, are of special concern.
X. LETTERS FROM THE PUBLIC:
Correspondence from Craig A. Carnes Jr., was received by the City of Eagle on February 20,
2026 (attached to the staff report).
Correspondence from Jim and Mary Ann Langan was received by the City of Eagle on February
21, 2026 (attached to the staff report).
Correspondence from Jim and Mary Ann Langan and Craig A. Carnes was received by the City
of Eagle on May 4, 2026 (attached to the staff report).
Correspondence from Craig A. Carnes and Jim and Mary Ann Langan was received by the City
of Eagle on May 18, 2026 (attached to the staff report).
Correspondence from Conor Hiney and Kristen Ford was received by the City of Eagle on May
25, 2026 (attached to the staff report).
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be
paramount in this overlay to ensure appropriate transition between uses.
CHAPTER 6: LAND USE
6.4 GENERAL LAND USE GOALS
• 6.4.3 GENERAL LAND USE IMPLEMENTATION STRATEGIES
X. Require design treatments to provide compatibility of new development with
existing development by considering such issues as transitional lot sizing,
building orientation, increased setbacks, height limitations, size restrictions,
design requirements, fencing, landscaping or other methods as determined
through the development review process.
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6.5 PARK LANE PLANNING AREA
• 6.5.1 PARK LANE USES
D. The land use for the properties north of Flint Drive and extending north to
Floating Feather Road, east of Eagle High School, is Neighborhood Residential
with a Residential Transition Overlay. Development in this area should be
designed to ensure compatible residential lot sizing (I-acrelots) adjacent to the
Colony Subdivision and transition to a density of up to 3 per acre near the high
school. The overall density of the area should not exceed 2 units per acre.
• 6.5.3 PARK LANE ACCESS/CONNECTIVITY
D. New residential roads in the area east of Eagle High School should provide
connectivity to Floating Feather Road to the north, Park Lane to the west, and
Breanna Drive to the east.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
The following sections of Eagle City Code, Title 8, which have been found to be of special
concern regarding this proposal, include:
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 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
Minimum
Note Condition A to E*
Maximum
Lot Area
Minimum
Zoning
Maximum
Lot
(Acres Or
Lot
Interior
Street
District
Height
Covered
S q
Square
Width I*
Front
Rear
Side
Side
F and J*
Feet) H
R-3
35'
30'
25'
7.5'
20'
40%
10,000
75'
B. Additional 5 feet per story side setback is required for multi -story structures. Height not to
exceed maximum allowed within the zone.
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G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
8-3-3: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes
vision across such yard above the height of two and one-half feet (21/2') measured from
the centerline grade of the adjacent street. Picket style fences where fifty percent (50%)
of the fence remains open may be permitted up to four feet (4') in height. Chainlink
fencing is prohibited in any front yard area.
2. Fencing located adjacent to any street identified as a collector or arterial on the
transportation and pathway network plan in the Eagle comprehensive plan, and on the
street side of all corner lots, shall be an open fencing style such as wrought iron or other
similar see through, decorative, durable fencing material, except as otherwise may be
permitted in subsection 8-2A-7J of this title.
3. Chainlink fencing is prohibited in the R (Residential) Zoning District.
4. A permit is required prior to the construction of a fence in any front yard area and along
any street within the City subject to the application requirements established in section 8-
7-2 of this title.
8-2A-7 (J)(4)(a): LANDSCAPE AND BUFFER AREA REQUIREMENTS:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners association. Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing.
The required buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (3') horizontal distance to one foot (F) vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided in combination with the berm, a four foot (4') wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
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b. Any road designated as a minor arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (3') horizontal distance to one foot (P) vertical distance. If a decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided, in combination with the berm, a four foot (4') wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
Purpose, Goals and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that
provide exemplary open spaces and recreational opportunities, that encourage a
diversification of housing types, styles and living options for a wide range of income levels
and lifestyles, and thereby enhance the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit
development (PUD) to achieve the following:
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)
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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:
A. 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.
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.
8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The following sections of Eagle City Code, Title 9, which have been found to be of special
concern regarding this proposal, include:
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9-1-6: RULES AND DEFINITIONS:
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of ten
percent (10%) or more.
9-3-10: FENCES:
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 subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
9-4-1-5: STREETLIGHTS:
All subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners association) shall assume ownership
of the streetlights and shall pay the cost of maintenance and power in perpetuity.
9-4-1-8: UNDERGROUND UTILITIES:
Underground utilities are required.
9-4-1-6: PATHWAY AND TRAIL REGULATIONS:
A. Intent: The placement of Pathways and Trails are intended for management of motorized and
non -motorized forms of use, to provide safe, convenient, and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers, etc., and to promote
economic development and recreation options in areas that allow it. The following factors
will be considered in the placement of any Pathway or Trail: the utility, need, and impact to
existing neighborhoods; soils and hydrology; erosion potential; impacts to native wildlife
habitat; special status plant; wildlife species; cultural resources; compliance with the City of
Eagle Comprehensive Plan; compliance with the City of Eagle Pathways and Trails Master
Plan; compliance with any approved Open Space, Wildlife Mitigation Plan, or similar
document for the development; design as it relates to both crime prevention and function; and
the responsibilities of ownership and maintenance.
B. Pathway and Trail Terms:
1. Pathways: Facilities that are designed to improve connectivity throughout the Pathway
system and developments. The term Pathways shall refer to those facilities that are
regulated and managed by the City or depicted in the City's Pathways and Trails Master
Plan.
5. Community Pathway: Facilities that are intended to provide routes to and through
developments connecting to or providing linkage to regional facilities, arterials and
collectors that provide alternative transportation features, or adjacent developments.
6. Neighborhood Pathways: Facilities that are intended to be integrated into the design of
common area open spaces within neighborhoods and provide connectivity on a
neighborhood scale.
7. Tread: the finished usable surface of a pathway or trail:
b. Natural Surface: Refers to tread materials made of stone and other natural materials
that have been engineered for specific applications such as gravel, and road mix.
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C. Management and Regulations:
3. Pathways within a platted area shall be identified on the plat with a note, creating a public
access easement for the pathway.
4. Details for pavers and rigid permeable composites, used on a pathway, shall be approved
by the City.
D. Pathways:
1. Signage:
a. Within public access easement(s) granted to the City; the City shall reserve the right
to display signage.
b. The physical form including materials, placement, and messaging of any signage that
the developer or HOA wishes to display within the public access easement(s) granted
to the City, or signage placed within a five hundred feet (500') of a City -managed
pathway with messaging directed to pathway users, must be approved in writing by
the City.
c. Developer shall add language to the governing documents of the development (i.e
CCR's, charters, bylaws, etc.) that ensures signage will not be placed in any area that
would otherwise mislead the public regarding their right to public access of the
Pathways.
2. Pet Waste Stations and Trash Receptacles:
a. For the health and safety of the public, pet waste bag stations and trash receptacles
may be required by the City within public access easement(s) granted to the City.
b. Shall be maintained by the property owner or the City as determined by the City.
3. Location:
a. The City shall require general conformity with the City's Pathways and Trails Master
Plan, the approved Open Space and Wildlife Mitigation Plan, or similar document for
that development. In addition to conformity with the aforementioned plans,
consideration shall be given for connectivity to the following facilities:
( 1 ) Schools;
(2) Park areas and open space;
(3) Other pathway and trail facilities, including nearby trailheads;
(4) Nearby residential areas;
(5) Public land;
(6) Public and private transit facilities; and
(7) Future subdivision phases.
b. Pathways may be required to connect sites other than those noted above 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 non -
motorized forms of travel, in order to reach the desired destination.
c. Pathways may be required to connect to locations other than those noted above to
adapt to the changing needs of the public or to mitigate bike/pedestrian hazards or
safety concerns.
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d. Where environmental concerns are observed, the Pathway may be redesigned
pursuant to the City's approval.
4. Design: The City will be responsible for approving the design of Pathways. While the
City may exercise considerable discretion in determining the design of Pathways, the
following minimum standards shall be followed:
a. Those standards adopted by resolution of the City Council titled, "The City of Eagle
Pathways and Trails Design and Construction Standards.
b. For all Pathways maintained by the City, a minimum of a four foot (4') wide
landscaped area, natural open space, area/building and fence setback, as measured
from both edges of the path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners association unless accepted by a public
entity. The four foot (4') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (T) wide (as measured from the edge of the tread
to the easement line) when used in conjunction with a meandering pathway.
However, the total width of the landscape area shall not be less than eight feet (8')
(i.e., two feet (T) on one side of the path and six feet (6) on the other). For safety
purposes, planting material in this area is limited to three feet (3') in height.
Exceptions may be granted by the City based on site limitations or alternative
management guidelines.
c. Alternative design(s) may be approved by the City.
5. 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.
c. Neighborhood:
( 1 ) Shall be six feet (6) 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 ) Tread surface shall be determined by the City.
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d. Special Use Pathways:
( 1 ) Tread may vary in width depending on the location.
( 2 ) No required maximum grade shall be implemented.
( 3 ) Tread surface shall be determined by the City.
G. Waiver: The council may waive or modify any of the standards or requirements of this
section upon the determination that the proposed alternative will enhance the overall project;
provided, however, that any such waiver shall not be injurious to public health or safety.
9-4-1-12: LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas. (Ord. 566, 5-15-2007)
9-5-3: HILLSIDE SUBDIVISIONS:
All hillside subdivisions shall be submitted as a Planned Unit Development. (Ord. 858, 10-26-
2021)
9-5-3-1: PRESERVATION OF NATURAL FEATURES:
In order to preserve, retain, enhance and promote the existing and future appearance, natural
topographic features, qualities and resources of hillsides, special consideration shall be given to
the following:
A. Skyline and ridge tops;
B. Rolling grassy landforms, including knolls, ridges and meadows;
C. Tree and shrub masses, grass, wildflowers and topsoil;
D. Rock outcroppings;
E. Streambeds, draws and drainage swales, especially where tree and plant formations occur;
and
F. Characteristic vistas and scenic panoramas. (Ord. 566, 5-15-2007)
9-5-3-2: DEVELOPMENT EVALUATION:
A. All development proposals shall take into account and shall be judged by the way in which
land use planning, soil mechanics, engineering geology, hydrology, civil engineering,
environmental and civil design, and architectural and landscape design are applied in hillside
areas, including, but not limited to:
1. Planning on development to fit the topography, soils, geology, hydrology and other
conditions existing on the proposed site;
2. Orientation of development on the site so that grading and other site preparation is kept to
an absolute minimum;
3. Shaping of essential grading to blend with natural landforms and to minimize the
necessity of padding and/or terracing of building sites;
4. Division of large tracts into smaller workable units on which construction can be
completed within one construction season so that large areas are not left bare and exposed
during the winter -spring runoff period;
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5. Completion of paving as rapidly as possible after grading;
6. Allocation of areas not well suited for development because of soil, geology or hydrology
limitations for open space and recreation uses;
7. Minimizing and disruption of existing plant and animal life; and
8. Consideration of the view from and of the hills.
B. Areas having soil, geology or hydrology hazards shall not be developed unless it is shown
that:
1. Their limitations can be overcome;
2. Hazard to life or property will not exist;
3. The safety, use or stability of a public way or drainage channel is not jeopardized; and
4. The natural environment is not subjected to undue impact. (Ord. 566, 5-15-2007)
9-5-3-3: ENGINEERING PLANS:
The developer shall retain a professional engineer(s) to obtain the following information:
A. Soils Report: For any proposed hillside development, a soils engineering report shall be
submitted with the preliminary plat. This report shall include data regarding the nature,
distribution and strength of existing soils, conclusions and recommendations for grading
procedures, design criteria for corrective measures and opinions and recommendations
covering the adequacy of sites to be developed.
B. Geology Report: For any proposed hillside development, a geology report shall be submitted
with the preliminary plat. This report shall include an adequate description of site geology
and an evaluation of the relationship between the proposed development and the underlying
geology and recommendations for remedial remedies.
The investigation and subsequent report shall be completed by a professional geologist registered
in the state of Idaho.
C. Hydrology Report: For any proposed hillside development, a hydrology report shall be
submitted with the preliminary plat. This report shall include an adequate description of the
hydrology, conclusions and recommendations regarding the effect of hydrologic conditions
on the proposed development, and opinions and recommendations covering the adequacy of
sites to be developed. (Ord. 566, 5-15-2007)
9-5-3-4: GRADING PLANS:
The developer shall retain a professional engineer(s) to obtain the following information:
A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each hillside
preliminary plat proposal and shall include the following information:
1. Approximate limiting dimensions, evaluations or finish contours to be achieved by the
grading, including all cut and fill slopes, proposed drainage channels and related
construction;
2. Preliminary plans and approximate locations of all surface and subsurface drainage
devices, walls, dams, sediment basins, storage reservoirs and other protective devices to
be constructed; and
3. A description of methods to be employed in disposing of soil and other material that is
removed from the grading site, including the location of the disposal site.
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B. Final Grading Plan: A final grading plan shall be submitted with each final plat and shall
include the following information:
Limiting dimensions, evaluations or finish contours to be achieved by the grading,
including all proposed cut and fill slopes and proposed drainage channels and related
construction;
2. Detailed plans and locations of all surface and subsurface drainage devices, walls, dams,
sediment basins, storage reservoirs and other protective devices to be constructed; and
A schedule showing when each stage of the project will be completed, including the total
area of soil surface which is to be disturbed during each stage together with estimated
starting and completion dates. In no event shall the existing natural vegetative ground
cover be destroyed, removed or disturbed more than fifteen (15) days prior to grading.
(Ord. 566, 5-15-2007; amd. Ord. 858, 10-26-2021)
9-5-3-5: DEVELOPMENT STANDARDS:
A. Soils:
1. Fill areas shall be prepared by removing organic material such as vegetation and rubbish,
and any other material which is determined by the soils engineer to be detrimental to
proper compaction or otherwise not conducive to stability. No rock or similar irreducible
material with a maximum dimension greater than eight inches (8") shall be used as fill
material in fills that are intended to provide structural strength.
2. Fills shall be compacted to at least ninety five percent (95%) of maximum density, as
determined by AASHTO T99 and ASTM D698.
3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface drainage
shall be provided as necessary for stability.
4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be
located on natural slopes two to one (2: 1) or steeper, or where fill slopes toes out within
twelve feet (12') horizontally of the top of an existing or planned cut slope.
5. Tops and toes of cut and fill slopes shall be set back from property boundaries a distance
of three feet (3') plus one -fifth (115) of the height of the cut or fill but need not exceed a
horizontal distance of ten feet (10'). Tops and toes of cut and fill slopes shall be set back
from structures, including pools and water features, a distance of six feet (6') plus one -
fifth (115) the height of the cut or fill, but need not exceed ten feet (10').
6. The maximum horizontal distance of disturbed soil surfaces shall not exceed seventy five
feet (75').
B. Roadways:
1. Road alignments should follow natural terrain and no unnecessary cuts or fills shall be
allowed in order to create additional lots or building sites.
2. One-way streets shall be permitted and encouraged where appropriate for the terrain and
where public safety would not be jeopardized. Maximum width shall be seventeen feet
(I T) between the backs and curbs.
3. The width of the graded section shall extend three feet (3) beyond the curb back or edge
of pavement on both the cut and fill sides of the roadway. If sidewalk is to be installed
parallel to the roadway, the graded section shall be increased by the width of the sidewalk
plus one foot (1') beyond the curb back.
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4. Standard six inch (6tt) vertical curb and gutter shall be installed along both sides of all
paved roadways.
C. Driveways And Parkings: Combinations of collective private driveways, cluster parking areas
and on street parallel parking bays shall be used to attempt to optimize the objectives of
minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic
sensitivity. (Ord. 566, 5-15-2007; amd. Ord. 858, 10-26-2021)
9-5-3-6: VEGETATION AND REVEGETATION:
A. The developer shall submit a slope stabilization and revegetation plan which shall include a
complete description of the existing vegetation, the vegetation to be removed and the method
of disposal, the vegetation to be planted and slope stabilization measures to be installed. The
plan shall include an analysis of the environmental effects of such operations, including the
effects on slope stability, soil erosion, water quality and fish and wildlife.
B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each
stage of grading is completed. Areas not contained within lot boundaries shall be protected
with perennial vegetal cover after all construction is completed. Efforts shall be made to plant
those species that tend to recover from fire damage and do not contribute to a rapid rate of
fire spread.
C. The developer shall be fully responsible for any destruction of native vegetation proposed for
retention. He shall carry the responsibility both for his own employees and for all
subcontractors from the first day of construction until the notice of completion is filed. The
developer shall be responsible for replacing such destroyed vegetation. (Ord. 566, 5-15-2007)
9-5-3-7: MAINTENANCE REQUIRED:
The owner of any private property on which grading or other work has been performed pursuant
to a grading plan approved or a building permit granted under the provisions of this title shall
continuously maintain and repair all graded surfaces and erosion prevention devices, retaining
walls, drainage structures or means, and other protective devices, plantings and ground cover
installed or completed. (Ord. 566, 5-15-2007)
9-5-3-8: UNDERGROUND UTILITIES:
All new service utilities shall be placed underground. (Ord. 566, 5-15-2007)
9-5-3-9: ADDITIONAL PLAT REQUIREMENTS:
A. All subdivision plats shall identify and designate the tops and toes of cut and fill slopes and
the associated structure setback line as required by Section 9-5-3-5 (A)(5).
B. All subdivision plats shall contain note(s) that warn prospective buyers of property that any
modification(s) to the slopes will be required to be permitted under the city of Eagle hillside
ordinance.
C. All subdivision plats shall contain note(s) that refer to the required Vegetation and
Maintenance plans required under Section 9-5-3-6 and 9-5-3-7 of this code. (Ord. 858, 10-26-
2021)
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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.
D. DISCUSSION:
The Future Land Use Map within Chapter 6 of the Eagle Comprehensive Plan shows that the
subject site has a Future Land Use Designation of Neighborhood Residential, which is
described as suitable for densities of 2 to 4 units per acre, and Residential Transition Overlay,
which is described as commonly requiring a transition/change in density, lot sizing, and
building scaling. The proposed density for Mabury Subdivision is 1.95 units per gross acre.
The adjacent subdivision to the west of the subject site, Monticello Estates, was approved with
a zoning of R-3-DA-P and a density of 2.16 units per gross acre. To the east, the adjacent
subdivision, Eusterman, was approved as R-E-DA with a density of 0.35 units per gross acre.
Lot 3, Block 2, which is located adjacent to the south side of the intersection of North Chase
Ridge Avenue and West Chase Bluff Street, is proposed to be a common lot which will
contain a shared drive for emergency fire apparatus turnaround. The shared drive will also
provide driveway access to a maximum of two residential lots (Lot 4, Block 1, and Lot 1,
Block 2). For emergency services to utilize the shared drive as a turnaround, it is necessary
that the drive remain clear of obstructions. There is a reasonable possibility that residents and
guests will utilize the shared drive for parking. The applicant should be required to provide
enforcement of no -parking as well as maintenance and operation of the lot to ensure
unobstructed access for emergency services. The applicant should be required to include
provisions for enforcement of no -parking to be approved by the Design Review Board prior to
approval of a design review application.
The responsibility of enforcement and operation of the shared drive should be the duty of the
homeowner's association, and a maintenance and enforcement manual should be provided and
approved by the City attorney prior to approval of a final plat.
The City Pressure Irrigation Standards, which are included by reference within Eagle City
Code Section 9-4-1-9, require that an easement for pond maintenance be provided a minimum
of 30-feet from the top of bank. Lot 2, Block 2, includes an irrigation pond for which a 30-foot
perimeter easement would extend approximately 19-feet into the side yard of the adjacent
buildable lot (Lot 1, Block 1). The applicant is requesting a waiver of the requirement and for
approval of a pond maintenance easement with 12-foot perimeter from top of bank. The
applicant has stated in an email to staff, dated March 10, 2026, that 12-feet provides sufficient
space for maintenance of the proposed irrigation pond.
If a waiver is not approved, then a condition should be included for Lot 1, Block 1, to have a
required minimum interior side setback of 20-feet to ensure development does not encroach
into the easement.
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Site Specific Condition of approval #23, which was recommended by the Parks, Pathways, &
Recreation Commission on December 18, 2025, states that the applicant shall provide pathway
a 10-foot (10') wide concrete Community pathway to connect the residential uses of the
subdivision to the 10-foot (10') wide concrete multiuse regional pathway proposed along
Floating Feather Road. The applicant is not proposing a pathway connection and is requesting
that the condition be removed, stating that the location of the proposed landscape berm and
existing and proposed irrigation facilities and pond do not provide enough space for a pathway
connection in this location, and that the alternatives, which would be to route the pathway
through the landscape berm or northeast between the landscape berm and the side lot line of
Lot 3, Block 1, are solutions that are problematic.
The proposed 10-foot (10') wide multiuse pathway on the south side of Floating Feather is
planned by ACHD to provide a regional route for pedestrians and bicycists which will serve
the community as a recreational amenity as well as an alternate transportation corridor.
According to Eagle City Code 9-4-1-6(A), the placement of pathways is intended for
management of motorized and non -motorized forms of use, to provide safe, convenient, and
aesthetic alternative travel routes to common destinations such as schools, parks, etc.
Eagle City Code 9-4-1-6(1))(3)(a), states that consideration shall also be given for connectivity
for facilities such as schools, nearby residential areas, among others. A connection to the
regional Floating Feather pathway would provide access to the residents of two subdivisions
(Mabury and Monticello Estates). There is currenity no alternative connection to the pathway
for the residents of these subdivisions. Mabury Subdivision is also located between two of
Eagle's largest schools, Eagle Middle School and Eagle High School. Eagle City Code would
support the City in requiring the applicant to provide a pathway connection to the Floating
Feather pathway.
The applicant should provide an 8-foot (8') wide concrete Community pathway as the
connection. In accordance to Eagle City Code 9-4-1-6(D)(4), the City may exercise
considerable discretion in determining the design of pathways. For the pathway connection,
the applicant could instead be required to install a 6-foot (6') wide concrete Neighborhood
pathway because Neighborhood pathways are defined in Eagle City Code 9-4-1-6(B)(6) as
facilities intended to provide connectivity on a neighborhood scale. If Council approves the
connection to be a 6-foot (6') wide concrete Neighborhood pathway, Site Specific Condition
#23, should be revised accordingly.
Without a connection, the Floating Feather pathway cannot be included in the Active Open
Space calculation, pursuant to the definition of Active Open Space under Eagle City
Code 9-1-6, leaving the subdivision with 13% of the 15% of Active Open Space required by
Eagle City Code 9-3-8(D)(1). If the connection is not required, the applicant will need a
waiver of the requirement for Active Open Space and Site Specific Condition #6 should be
removed, as it is only applicable if the pathway connection is required.
The proposed development is a Hillside Subdivision as defined in Eagle City Code 9-1-6
because the southern portion of the site contains slopes greater than 10%, and is subject to the
requirements in Title 9, Chapter 5, for Special Development Subdivisions. The applicant
should be required to place a note on the plat which states that any modification to slopes
within the subdivision will require permitting under the city of Eagle hillside ordinance
pursuant to Eagle City Code 9-5-3-9(B).
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Additionally, Lot 1, Block 2, which is a buildable lot located in the southeastern portion of the
site and contains slopes greater than 10%, is contemplated to include a home with a daylight
basement. A note should be placed on the plat which states that any development of Lot 1,
Block 2, requires the provision of a grading and drainage plan, certified by an engineer
licensed in the state of Idaho, upon submittal of an application for a building permit. Pursuant
to Eagle City Code 9-5-3-7. The note should also state that the owner of Lot 1, Block 2, shall
maintain and repair all graded surfaces and erosion prevention devices, retaining walls,
drainage structures or means, and other protective devices, plantings, and ground cover
installed or completed, and abide by all requirements of the subdivision's approved Vegetation
and Maintenance plan.
Lastly, Lot 2, Block 2, is a common lot which will be maintained by the homeowners
association and contains slopes greater than 10%. The homeowners association should provide
a vegetation and maintenance plan for the subdivision, as required under Eagle City Code 9-5-
3-6 and 9-5-3-7, to be approved by the City attorney prior to approval of a final plat. A note
which references the Vegetation and Maintenance plan should be required on the final plat
prior to the City Clerk signing the final plat in order to comply with Eagle City Code 9-5-3-
9(C).
The applicant is proposing setbacks consistent with the proposed R-3 zone. The proposed
minimum lot size is 12,298-square feet which is above the 10,000-square foot minimum lot
size within the R-3 zone. The proposed minimum lot width is 95-feet, which is above the
75-foot minimum lot width within the R-3 zone. The detached sidewalks and a portion of the
parkway planter strips are proposed to be included within lots and to be protected by
easements for public access for sidewalks and for the installation and maintenance of utilities
and drainage. Eagle City Code Section 8-2-4(G) requires that all front load garages be set back
a minimum of 25-feet from back of sidewalk. To ensure that this requirement is met, a
condition should be included which provides the required setbacks for the subdivision. The
front setback for a front load garage should be shown as 36-feet (25-feet from back of
sidewalk) in order to comply with Eagle City Code 8-2-4(G). Eagle City Code Section 8-2-
4(A)(4) allows for a 5-foot reduction to the required front setback for a side entry garage,
therefore the front setback for a side entry garage should be 31-feet. The front setback in the
R-3 zone is 30-feet, which means that the living area of the residential homes will be set back
a minimum of 19-feet from the back of sidewalk.
The preliminary development plan street light plan shows two proposed streetlights. One is
shown at the northwest corner of the intersection of West Monticello Street, North Chase
Ridge Place, and North Chase Ridge Avenue, and the other is shown southeast of the
intersection of North Chase Ridge Avenue and West Chase Ridge Bluff. The applicant should
be required to provide lighting at the location of the cul-de-sac at the terminus of North Chase
Ridge Place within Lot 1, Block 2, pursuant to Eagle City Code 9-4-1-5.
The preliminary development plan existing conditions map shows the site contains an existing
well to be abandoned. The well is located within the proposed public utilities and drainage
easement on Lot 1, Block 2, of the preliminary plat. Any infrastructure associated with the
well should be removed to avoid obstructions within the easement which could impact the
installation and maintenance of utilities or any other necessary work within the easement. The
applicant should submit a revised preliminary development plan which shows the well as to be
abandoned and removed. The applicant should be required to provide evidence of the well's
abandonment and removal of any associated infrastructure prior to submittal of a mylar.
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Also shown within the existing conditions map are two irrigation ditches, one which will be
removed, and another (running parallel to West Floating Feather Road), which is planned to
be relocated and piped. The associated gravity irrigation junction boxes, of which there are
four, are also shown, however, only three are identified as to remain or to be removed and one
is unspecified. The applicant should be required to submit a revised preliminary development
plan which identifies all existing structures on the site as to be removed, to remain, or
otherwise, prior to submittal of a design review application. The applicant should be required
to remove all existing structures, unless identified and approved otherwise, prior to the
submittal of a mylar.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
16, 2026, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of these applications was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in opposition to these applications was presented to the Planning and Zoning
Commission by three (3) individuals, who indicated the following:
• The proposed density for Mabury Subdivision to the east of the subject property is higher than
that of the existing residential development to the east (Eusterman Subdivision) which consists of
two residential lots. The applicant should be required to remove one of the six (6) proposed
buildable lots from the eastern property boundary, or from the subdivision altogether, in order to
improve the transition in lot sizes between the two adjacent subdivisions.
The existing grade of the neighboring Eusterman Subdivision is above the existing grade of
subject site by several feet, and therefore the fence, which the applicant is proposing to be 6-feet
(6') in height on the boundary between the two subdivisions, will not provide sufficient screening
for the current residents of Eusterman Subdivision. The applicant should be required to construct
perimeter fencing to be a minimum of 6-feet (6') in height, measured from the existing grade of
the existing driveway within the Eusterman Subdivision, otherwise 8-feet (8') of fencing should
be installed to ensure that the screening will be tall enough to provide privacy for the current
residents of Eusterman Subdivision.
• The applicant should be prohibited from constructing two-story homes along the eastern property
line of Mabury Subdivision to protect the privacy of the residents of Eusterman Subdivision.
D. Oral testimony, neither in opposition to nor in favor of these applications was presented to the
Planning & Zoning Commission by one (1) individuals who indicated they have the following
concerns and questions:
The existing home on the subject site and the adjacent property to the west share a driveway
which runs along the north side of the irrigation canal. There is an existing gate which is utilized
to restrict access to the subject site from North Park Lane. It is undetermined within which
property the gate is located; however, the gate is located within the canal easement in favor of
Drainage District #2 (DD2). The applicant is proposing a pathway along the canal, within the
DD2 easement, and has not proposed fencing along the section of the western property line
adjacent to the western terminus of the pathway. A gate or an alternative fencing is needed at this
location to prevent unwanted access between the properties. If the gate is determined to be on the
subject property, the applicant should not be required to remove the gate. If the City or DD2
require the gate to be removed, the applicant should work with DD2 to ensure that fencing is
installed in this location.
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E. Rebuttal was presented to the Commission by the applicant who indicated the following:
• Regarding the neighbor's concern about the gate along the west property line within the Drainage
District No. 2 (DD2) easement, the applicant is willing to leave the gate intact or to work with the
City and DD2 to install a new gate.
• The proposed 50 to 70-foot distance between the eastern property line of the subject property and
the homes within the Eusterman Subdivision is an adequate buffer.
• The applicant is amenable to raising the existing grade along the eastern property boundary to the
level of the existing grade of the driveway within the Eusterman Subdivision in order to address
the neighbors' concerns about the height of the fence on the eastern subdivision boundary.
• The applicant is unwilling to reduce the number of proposed buildable lots expressing concerns
over the economic feasibility of the development if the density is reduced. Design requirements,
dedication of right-of-way, and existing conditions have limited options for reconfiguration of
buildable lots and open space.
• The pathway connection between the proposed cul-de-sac and the 10-foot (10') wide ACHD
multi -use pathway would be difficult to include in the design due to the existing irrigation
junction box and the proposed locations of the irrigation pump house and pond in relation to the
required landscape berm. The ACHD required pathway on West Floating Feather Road is
sufficient to activate the space and would be accessible to the residents of Mabury Subdivision
through Monticello Estates Subdivision to North Park Lane, which connects to West Floating
Feather Road.
The waiver request is for a waiver of the active open space requirement which would otherwise
be achieved with a direct connection to the future ACHD pathway on West Floating Feather Road
from Mabury Subdivision.
• A 30-foot (30') wide maintenance easement around the irrigation pond is unnecessary, and the
nearby irrigation pond within Monticello Subdivision only has approximately 10-feet (10') of
space from the top of bank for maintenance. The applicant also states that in his experience with
irrigation pond design, he has never been required to include a 30-foot (30') wide maintenance
easement around an irrigation pond.
The applicant presented an exhibit showing the approved densities of developments within the
surrounding area. After the development of the Cavallo Estates Subdivision, which was around
2002, the approved densities for the area have ranged from 1.74 to 2.51 units per acre, with
densities for new developments within proximity of Eagle High School ranging from 2.00 to 2.40
units per acre. The lower -density subdivisions in the area are larger developments which, due to
their size, generally offer more options for lot configurations which can meet design
requirements. The applicant asserts that the proposed density of 1.95 units per acres is appropriate
for the proposal.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony received. A video of the deliberation can be found at the following link:
(Granieus time: 01:15:18): htUrs:id==1&-redirect=tntc
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COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Wright absent) to recommend approval of A-2025-05 and RZDA-2025-07
for annexation and rezone from RUT (Rural Urban Transition — Ada County designation) to R-3-DA-P
(Residential with a development agreement — PUD) with the conditions of development provided within
the Commission's findings of fact and conclusions of law document, dated April 6, 2026.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent) to recommend approval of CUP-2025-06, PPUD-2025-06,
and PP-2025-07 for a conditional use permit, preliminary development plan, and preliminary plat for
Mabury Subdivision with the site specific conditions of approval and standard conditions of approval
provided within the Commission's findings of fact and conclusions of law document, dated April 6, 2026.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on May 12, 2026, at
which time public testimony was received. Following deliberation, the Council voted to continue the
applications to the May 26, 2026, City Council meeting, and the public hearing remained open.
B. Oral testimony in favor of the application was presented to the City Council by no one.
C. Oral testimony in opposition to the application was presented to the City Council by three (4)
individuals who indicated the following:
• The proposed density is too high and incompatible with adjacent development and the
surrounding area. The number of lots on the eastern boundary should be reduced to mitigate
impacts to the adjacent subdivision which is zoned R-E-DA and is much less dense. The same
developer was approved for less lots on a similarly sized parcel nearby (Shetland Point
Subdivision).
• Lots along the eastern boundary should have restrictions to height so as not to allow for a row of
two-story houses adjacent to Eusterman Subdivision and to protect privacy.
• The fence along the eastern boundary should be 8-feet (8') high instead of 6-feet (6') high,
because the existing grade of the development is lower than the existing grade within the
Eusterman Subdivision. A 6-foot (6') high fence will appear shorter to the neighbors and will not
provide adequate screening or privacy.
• Communications with the developer have been cordial, but the developer has not followed
through with any of the requests or concerns expressed by the neighbors.
• Agricultural land within the surrounding area has been consistently replaced over time with new
development. The City should preserve agricultural land uses and temper development.
• The proposed community pathway along the canal will encourage trespassing onto the
unincorporated Ada County properties located along the canal between the subject property and
North Park Lane.
• The two-story homes in Monticello Estates Subdivision impact the privacy for the residences of
the properties to the southwest of the proposed development located within unincorporated Ada
County. Two-story homes on Mabury's southwest boundary pose similar adverse impacts to
privacy.
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D. Rebuttal was presented to the Council by the applicant who indicated the following:
• The applicant intends to leave the existing gate within the canal easement on the subject
property's western perimeter undisturbed.
• The applicant is willing to raise the grade along the eastern property line to mitigate concerns
about the fence height. An 8-foot (8') high fence is not the best solution. The applicant would
prefer to have the fence measured in relation to the existing driveway to ensure that the height is
sufficient to address the neighbor's concerns about fencing.
• On the portion of the western property line which abuts Lot 4, Block 2, Monticello Estates
Subdivision, the applicant intends to either construct a new vinyl fence or to relocate the existing
vinyl fence within Lot 4, Block 2, Monticello Estates Subdivision (at the request of the property
owner) to the subdivision boundary line.
• The proposed density is in accordance with the comprehensive plan. The homeowners of the lots
within Eusterman Subdivision purchased their homes after the adoption of the comprehensive
plan which is in effect today. Therefore, the homeowners should have been aware at that time that
the property could develop as proposed.
• The applicant is willing to restrict lots that are closest to the existing homes to the east to single -
story. Market demand is anticipated to call for a mix of single -story and multi -story homes for the
subdivision.
• The distance between buildable lots on the eastern boundary and the existing homes to the east is
greater than the distance between the existing homes and the Church buildings to the east of
Eusterman Subdivision.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council made a motion based on the information provided by staff
and the testimony provided. A video of the deliberation can be found at the following link:
Granicus time 2:47:22 httL)s. �.%ea,,le-id.,(rrariirrr.,;.(-n,nit)l(lrel- t•li ))/?230?i,rc it id-J &rcdir cc t _tryc_
COUNCIL ACTION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to continue A-2025-05, RZDA-2025-07, CUP-2025-06, PPUD-2025-06, and
PP-2025-07 for annexation, rezone from RUT (Rural Urban Transition - Ada County designation) to
R-3-DA-P (Residential with a development agreement - PUD), a conditional use permit, preliminary
development plan, and preliminary plat for Mabury Subdivision, and provided directions to the applicant
regarding the overall density, building scale, and fencing. The applications were continued to the May 26,
2026, City Council meeting.
CONTINUATION OF THE PUBLIC HEARING OF THE COUNCIL (May 26, 2026, June 23, 2026,
and July 28, 2026):
A. A continuance of the public hearing on the applications was held before the City Council on May 26,
2026, at which time the applicant requested a continuance to allow additional time for continued
discussions with the neighbors and to complete revisions to the proposal. No public testimony was
received, and the Council voted to continue the applications to the June 23, 2026, City Council
meeting.
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B. A continuance of the public hearing on the applications was held before the City Council on June 23,
2026, at which time the applicant again requested a continuance to allow additional time for
continued discussions with the neighbors and to complete revisions to the proposal. No public
testimony was received, and the Council voted to continue the applications to the July 28, 2026, City
Council meeting.
C. A continuance of the public hearing on the applications was held before the City Council on June 23,
2026, at which time public testimony was received, and the public hearing was closed. The Council
made their decision at that time.
D. Oral testimony in favor of the application was presented to the City Council by five (5) individuals
(not including the applicant/representative) who indicated the following:
The revised proposal is acceptable with 10 buildable lots that are restricted to single -story. They
would prefer the single -story restriction on all of the lot, than a reduction in the total number of
lots but allowance for some multi -story buildings. They are also in support of the 6-foot (6')
fence as measured from the crown height of the driveway within the Eusterman Subdivision. The
neighbors are grateful of Derek Rush with Sterling Homes for his efforts to address their
concerns, as well as to the Council for taking their concerns seriously.
• The neighbor to the east in Monticello Estates Subdivision is happy with the revised proposal,
however, expresses that he did not like the process and feels like development should be
regulated more strictly.
The neighbor to the southwest who lives within the unincorporated Ada County property is
grateful to the Council and Sterling homes for their efforts. She states that she is in support of the
revised proposal with a new gate along the canal between her home and the new development.
E. Oral testimony neither in favor nor in opposition to the applications was presented to the City Council
by no one.
F. Rebuttal was presented to the Council by the applicant who indicated the following:
• The artist rendering of the new fencing and plantings shown along the fence line. Applicant
explains that the rendering is showing the eastern property line and that the plantings will be
located on the neighbor's property. He acknowledges that the City cannot include a condition to
require plantings on the neighbor's property, however reiterates that he has mentioned the private
agreement so that it may be on the public record.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council made a motion based on the information provided by staff
and the testimony provided. A video of the deliberation can be found at the following link:
Granicus time 1:41:55 {raps: / � crglc�-icl. ��runiclrs. co�n)�/cn e,>'clifzi??73:'i�ietii idl ]&-rcdirecr--t� ile
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-2025-05 and RZDA-2025-07 for annexation and rezone from RUT
(Rural Urban Transition — Ada County designation) to R-3-DA-P (Residential with a development
agreement — PUD) with the following Commission recommended site specific conditions of approval and
standard conditions of approval:
3.1 The maximum density for the Property shall be 1.95 dwelling units per acre (10 single-family
detached dwellings).
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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 Owner shall provide evidence of the abandonment of the existing well located within Lot 2, Block
2, and removal of any associated infrastructure, prior to the issuance of a notice to proceed with
construction letter from the City.
3.4 All existing structures shall be removed prior to the submittal of a mylar to the City.
3.5 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held
on any proposed changes in the Concept Plan, notice shall be provided as may be required by the
City.
3.6 The conditions, covenants and restrictions (CC&Rs) for the Property shall contain at least the
following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fences shown, and amenities. The owner
shall provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs, that the repair and maintenance requirement shall run with the land
and cannot be modified, and that the homeowner's association or other entity cannot be
dissolved without the express consent of the City. (ECC 8-2A-20 & 9-3-2-5[C][2][c])
(b) A requirement that the homeowners association shall have the duty to own and maintain the
pressurized irrigation system and all common landscape areas (including landscape islands
and parkway planter strips) within the subdivision in a competent and attractive manner,
including the watering, mowing, pruning, fertilizing, and caring for grass, shrubs, and trees,
in perpetuity. (ECC 9-4-1-9[C] [ 1 ])
(c) A maintenance manual for the shared drive and emergency fire apparatus turnaround within
Lot 3, Block 2, requiring the homeowners association to have the duty to maintain and
operate the shared drive to provide for emergency fire apparatus turnaround including repair
and replacement of asphalt and sidewalks, including provisions for snow removal and for the
enforcement of no -parking and maintenance of unobstructed access for emergency fire
apparatus turnaround, in perpetuity.
(d) A Vegetation and Maintenance plan requiring landowners to maintain and repair all graded
surfaces and erosion prevention devices, retaining walls, drainage structures or means, and
other protective devices, plantings and ground cover installed or completed, as required by
the city of Eagle hillside ordinance for Hillside Subdivisions. (ECC 9-5-3-6 & 9-5-3-7)
(e) A maintenance manual for the streetlight(s) requiring that the homeowner's association shall
have the duty to maintain and operate the light fixtures including the repair and replacement
of the fixtures, any associated electrical supply, and light bulbs, in perpetuity.
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(f) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit D). Any
additional fencing located adjacent to open space and corner lots shall be open -style such as
wrought iron, extruded aluminum (which looks identical to wrought iron), or three -rail -type
decorative fencing; all other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited.
(ECC 9-3-10)
(g) A requirement that the 12-foot (12') wide pond maintenance and pressure irrigation easement
located around the irrigation pond shall remain clear of any encroachments.
(h) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Mabury Subdivision. The CEP Funding Plan shall be executed
by the Owner and City prior to the City Clerk signing the final plat.
(i) 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.
3.7 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 Architectural Control
Committee. 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 in 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.
3.8 Owner shall provide and construct all pathways and associated easements as identified in the Parks,
Pathways, and Recreation Commission Action Letter, dated December 18, 2025 (Exhibit "F").
The pathways shall be constructed in accordance with City of Eagle standards. In lieu of immediate
construction, the Owner may provide a surety in a form and amount determined in accordance with
Eagle City Code Section 9-4-2-2, to guarantee completion of the pathway(s) prior to the City
Clerk's signature on the final plat.
The specific location and design of all pathways shall be approved by the Design Review Board
and the City Council prior to the submittal of any final plat application. The instrument number(s)
of the recorded easement or easements shall be referenced on the face of the final plat.
3.9 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. 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.
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3.10 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house, 4) landscape screening details of the irrigation pump house, 5) useable
amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all
proposed fencing throughout the development, and 7) street lights. The design review application
shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to
the submittal of a final plat.
3.11 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat. Owner shall comply with all applicable regulations and conditions of the Eagle
Sewer District prior to the City Clerk signing the final plat.
3.12 The owner shall connect the subject property to central water service prior to the City Clerk signing
the final plat.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CUP-2025-06, PPUD-2025-06, and PP-2025-07 for a conditional use
permit, preliminary development plan, and preliminary plat for Mabury Subdivision with the following
Commission recommended site specific conditions of approval and standard conditions of approval, with
underline text to be added by the Council and strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application
RZDA-2025-07.
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 following minimum setbacks shall apply to the development:
Front (living)
30-feet
Front (front load garage)
36-feet (25-feet from back of sidewalk)
Front (side entry garage)
31-feet
Rear
25-feet
Interior Side
7.5-feet (first story) 5-feet (each additional story)
Street Side
20-feet
Maximum Lot Coverage 40%
5. All enclosed structures shall be restricted to sinele-story (except that bonus rooms located above
eara2es or within the trusses may be permitted). Bonus room windows shall not directiv face
residential lots outside of the subdivision boundary.
6. A note shall be added to the final plat that states that the future owner of Lot 1, Block 2, shall be
required to submit an engineered grading and drainage plan to the City at the time of submittal of a
building permit. The note shall also state that the owner of Lot 1, Block 2, shall maintain and repair
all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means, and
other protective devices, plantings, and ground cover installed or completed, and abide by all
requirements of the subdivision's approved Vegetation and Maintenance plan.
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7. The applicant shall submit a revised preliminary development plan and fencing plan modifying the
location of the berm and fence within Lot 2, Block 1, to all for a pathway connection to the future
10-foot (10') wide ACHD multiuse pathway along West Floating Feather Road, at the time of
submittal of a design review application.
8. The applicant shall submit a revised preliminary development plan and lighting plan including
lighting at the location of the cul-de-sac at the terminus of North Chase Ridge Place, at the time of
submittal for design review.
9. The applicant shall provide a revised preliminary development plan with the existing conditions map
showing the existing well to be abandoned and all structures on the subject site identified as to be
removed, to remain, to be replaced, or otherwise, prior to submittal of a final plat.
10. A note shall be added to the final plat that states that any modification to slopes within the
subdivision will require permitting under the city of Eagle hillside ordinance.
11. A note shall be added to the final plat which references the Vegetation and Maintenance plan for the
subdivision.
12. A note shall be added to the final plat which states that direct lot access will not be allowed across
common lots except for Lot 4, Block 1, and Lot 2, Block 3, which are allowed driveway access by
means of the shared drive within Lot 3, Block 3.
13. 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 8-foot (8') wide landscape strip between the 5-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.
14. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the
City Council. A detailed landscape plan showing how the trees will be integrated into the open space
areas or private lots (unless approved for removal by the City Council) shall be provided for City
Council final 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.
15. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to approval of a final plat. (ECC 9-
4-1-2)
16. The Mabury Subdivision shall remain under the control of one homeowner's association. (ECC 9-3-
8[D][4])
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17. 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 applicant shall conduct a pre -application meeting with the City of Eagle Fiber Department
prior to submittal of a final plat. Upon completion of the installation of the municipal fiber-optic
conduit lines, the applicant 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.
18. 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.
19. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final development plan and/or final plat applications.
20. The applicant shall install a 6-foot (6') tall fence along the eastern property line as measured from the
crown grade .,dj ee..t to *tile pr-iv *e of the existing driveway located within Eusterman
Subdivision. to the east, .. the existing grade .,t the edge of the dr-i ,e.. ay The height may be ,,eh e.,e l
21. The applicant shall install a gate within the western perimeter fence at the location of the existing
Drainage District #2 canal easement. The revised fencing plan shall be submitted to the Ci1y of Eagle
prior to the execution of the development agreement. The «heart shall • efk with Tl.-.,:nage Dist "^*
Q-t9 lea, nt.,et the existing gate .. h el, is 1 .,te,l withinand , eatly-estr-iets , o s to the ..ubj
Lane,Lane, 1000
or- to install
altema4ive feneing in the event that the gate is required to be r-effieved, provided that fe i - i
allowed by Drainage Distr-iet #2 within the eanal easement. The appheant shall pr-evide written
e > if gate,
the
The following conditions of approval have been recommended by the Parks, Pathways, and
Recreation Commission:
22. The applicant shall be required to submit a revised preliminary development plan and preliminary plat
showing West Chase Ridge Bluff Street and the associated improvements, including the SIDEWALK
and parkway planter strips, extending to the property line, as shown on EXHIBIT B of the December
18, 2025, PPRC Action Report, prior to submittal of a final plat application.
23. The applicant shall be required to submit a revised preliminary development plan and preliminary plat
showing an 8-foot (8') wide pathway for all alignments shown as "COMMUNITY", with the
specified tread surface, as presented on EXHIBIT B of the December 18, 2025, PPRC Action Report,
and designed to be built to approved City standards, prior to submittal of a final plat application.
24. The applicant shall be required to provide a revised preliminary development plan and preliminary
plat showing pathway easements, with a minimum width of the tread width plus 4-feet (4') on each
side, in favor or the City of Eagle, for the purpose of public access, for all alignments on EXHIBIT B
of the December 18, 2025, PPRC Action Report shown as "COMMUNITY", prior to submittal of a
final plat application. Public use shall be limited to the pathway tread and connecting facilities and
equipment intended for pathway users which may include, but are not limited to, benches, drinking
water sources, dog bag dispensers/waste receptacles, and bike repair stations.
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25. For all alignments shown on EXHIBIT B of the December 18, 2025, PPRC Action Report shown as
"SIDEWALK", the applicant shall provide sidewalks that comply with ACHD requirements and shall
be covered by a 14-foot (14') wide public access easement if such public access easement is not
already required by ACHD.
26. The applicant shall be required to submit a revised preliminary development plan and preliminary plat
showing an 8-foot (8') wide concrete COMMUNITY pathway which connects the neighborhood's
proposed SIDEWALK to the 10-foot (10') wide ACHD multiuse pathway along West Floating
Feather Road prior to submittal of a final plat application. See EXHIBIT B of the December 18, 2025,
PPRC Action Report for recommended location of connection.
27. The applicant shall be required to provide a revised preliminary development plan and preliminary
plat showing a 6-foot (6') wide NEIGHBORHOOD pathway connection from the SIDEWALK to the
8-foot (8') wide COMMUNITY pathway shown on EXHIBIT B of the December 18, 2025, PPRC
Action Report, prior to the submittal of a final plat application. The tread shall be, at a minimum, the
same tread as the 8-foot (8') wide COMMUNITY pathway located along the DD2 drainage ditch.
Hard surface may also be utilized.
28. The applicant shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by
the City in writing) at the time of a design review application submittal.
29. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts,
or where they are permitted by ACHD.
30. The intersections of pathways, sidewalks, and trails shall have a minimum radius of 8-feet (8') to
eliminate sharp turns or blind corners.
31. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future
shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE
TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The pathway easement
shall extend to the parcel boundary and allow possible connection to adjacent development and allow
the City, or City authorized parties, and adjacent applicants, to make alterations within the easement.
Such alterations to elements include, but are not limited to, connection to other trails and pathways,
landscaping, fencing, irrigation equipment, and signage.
32. If trails or pathways are to be maintained by the City, the applicant shall provide maintenance access
easements 25-feet (25') in width in favor of the City of Eagle, with a minimum four (4') margin on
each side of the pathway tread within any part of the easement where possible for all alignments
shown as "REGIONAL" and "COMMUNITY" in EXHIBIT B of the December 18, 2025, PPRC
Action Report. These easements shall not limit the applicant in landscape design beyond the standards
established in the trail and pathway standards and Title 9. Staging and vehicle access locations shall
be determined and included in the maintenance agreement and related easements.
33. Easement provision language shall include the following: "The City of Eagle may construct, connect,
or continue within these easements, public pathways as part of future system expansion, and may
authorize staff, contractors, or neighboring developers to facilitate such improvements within these
easements from any boundary to another public pathway easement or easements, or to parcels
included in any public access agreement."
34. The applicant shall be permitted to obtain easements for pathway and/or trail construction that is
outside of the current project footprint as long as the integrity of the existing pathway and trail
network would not be compromised by any proposed additions and necessary realignments, as is
determined by the City.
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35. Public access 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.
36. Pathways and trails shall be constructed and a survey (that depicts the location of each pathway or
trail located within the easement) shall be submitted to the City prior to the City Clerk signing the
final plat.
37. The applicant and future homeowners' association shall provide maintenance of all pathways, in
perpetuity.
38. The City shall reserve the right to display signage within all pathway easements similar to what is
shown in EXHIBIT D of the December 18, 2025, PPRC Action Report.
39. Maintenance vehicle access (for City maintained trails) is to be provided. Design to be approved by
the City in writing prior to the beginning of construction of that portion of the trail.
40. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails
where only one access is available or where a trail terminates without access to a public roadway.
41. Material staging areas for large maintenance projects shall be designed and documented, and
available for use within 30-days of written notice provided by the City, for any pathway that will be
maintained by the City.
42. Signage, including the physical form, materials, placement, and message, that the applicant or HOA
wishes to display within pathway easement(s) must be provided upon submittal of a design review
application and must be approved in writing by the City.
43. The applicant shall coordinate with Drainage District #2 to determine the exact location and
requirements of the pathway so that it does not interfere with DD2's access and shall submit to the
City the recorded license agreement with DD2, prior to the City Clerk signing the final plat.
44. The applicant shall include a recreational component into the design of the open space provided in the
southerly common lot (Lot 2, Block 2).
site.45. Wier- to the appheations being presented at a meeting of the Planning & Zoning Commission, the
appheant shall ver-ify the teFms of the existing shared dr-iveway aeeess easement, leeated on the
adjaeent pr-epefty te the west of the subjeet site and en the nefth side of the MeHewzy Later -al, whieh
subjeet
46. A revised fencing plan which shows composite style fencing shall be submitted to the Ci1y of Eagle
prior to the execution of a development agreement.
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:
I. 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.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof, or the subdivider shall provide for underground title
or other like satisfactory underground conduit to permit the delivery of water to those landowners
within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of
the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a surety
shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's
shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to
the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over
the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot
except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way
unless such obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise
changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of
water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not
otherwise injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and
certification shall be filed with the construction drawing and submitted to the City Engineer prior to
the City Engineer signing the final plat.
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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
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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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17. Covenants, homeowners 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 homeowners association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowners association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
20, Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle Parks, Pathways and Recreation Commission for a path
or walkway shall be approved in writing by the Eagle City Parks, Pathways and Recreation
Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance
of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the flood plain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
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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 these applications, 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 these applications do 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 these applications.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over
25,000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada
County. Owner is responsible for communicating the approved plan to all sub -contractors and for
monitoring compliance.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "Notice to Proceed" with construction letter.
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CONCLUSIONS OF LAW: (The Council decision is based on the Comprehensive Plan, adopted in
November of 2017, which was in effect at the time of submittal of the applications discussed herein)
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-2025-05/RZDA-2025-07) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided, concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-3-DA-P (Residential with a development
agreement — PUD) is consistent with the Neighborhood Residential and Residential Transition
Overlay future land use designations for the property as shown on the future land use map within
the Comprehensive Plan. The Neighborhood Residential designation is described as suitable for
single family residential, and the property will be limited within the development agreement to
single family residential use.
The proposed density, which is limited within the development agreement to 1.95-dwelling units
per acre, is within the range of densities for residential zoning districts which are identified as
compatible with the Neighborhood future land use designation within the Comprehensive Plan's
Zoning Compatibility Matrix. The description of the Neighborhood Residential and Residential
Transitional Overlay designations provide additional guidelines for density. Densities for
Neighborhood Residential are stated as ranging from 2 to 4 units per acre; however, for properties
within the Residential Transition Overlay, densities may be reduced to increase open space. The
proposed 1.21-acres of open space (23.59% of the property) exceeds the 18% minimum open
space requirement per Eagle City Code and is achieved by restricting the density to below 2 units
per acre.
Furthermore, the proposed density is compatible with the expectations for densities for this
portion of the Park Lane Planning Area. The planning area envisions a transition from densities of
1 unit per acre, for lots adjacent to the Colony Subdivision, to 3 units per acre for lots nearest to
Eagle High School. Overall density for the planning area should not exceed 2 units per acre. Due
to the quantity of developments within the Park Lane Planning Area which have an overall
density that exceeds 2 units per acre, this proposal supports the envisioned overall density for the
planning area.
The development also aligns with the Park Lane Planning Area's objectives for pathway
connectivity, because the applicant is required by the Ada County Highway District (ACHD) to
provide a 10-foot (10') wide multi -use pathway along the south side of West Floating Feather
Road. Site Specific Condition of Approval No. 22 herein requires the applicant to also provide an
8-foot (8') wide concrete community pathway connection between the ACHD pathway and the
subdivision's sidewalk network. The proposal also incorporates a pathway along the McHenry
Lateral in anticipation of future pathway development along the canal;
b. The information provided by the agencies having jurisdiction over the public facilities needed for
this site indicates that adequate public facilities will be provided, as conditioned herein, to serve
the residential uses allowed on this property under the proposed zone. Specifically, central water
service will be provided by Veolia Water and central sewer service will be provided by the Eagle
Sewer District, subject to successful annexation into the District. The Eagle Fire Department and
Ada County Highway District (ACHD) have reviewed the application and submitted written
comments outlining conditions of approval necessary to ensure adequate fire protection and
compliance with roadway standards. The applicant is required, as conditioned herein, to comply
with all requirements of Eagle Fire Department and ACHD. The applicant is also required, at the
applicant's expense, to install the public utility infrastructure for water, sewer, and fiber-optic
conduit line, as well as the roadway and right-of-way improvements;
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c. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-3-DA (Residential with a development agreement) zoning district and land
use designation of the residential subdivision (Monticello Estates) to the northwest which has a
density of 2.46 dwelling units per acre. The existing residential use and density of the adjoining
property provide a land use pattern that is consistent with the proposed development's limited
density and residential form.
The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
also compatible with the RUT (Rural Urban Transition — Ada County designation) zoning
designation of the unincorporated property which is located to the southwest of the subject
property and south of Monticello Estates Subdivision. Building scale and design will be limited,
as conditioned herein, to establish a transition between residential land uses of a different
character and to mitigate land use conflicts;
d. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-E-DA (Residential estates with a development agreement) zoning district
and residential land use of Eusterman Subdivision to the east, which is 0.36-dwelling units per
acre. Due to the difference in residential densities between the proposed and the existing
subdivision, the development has been conditioned to provide additional screening and to restrict
building scale and design to create an interface between land uses that mitigates impacts to
privacy and views;
e. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the R-E (Residential Estate) zoning and church land use to the north, because the
development will include a 50-foot (50') wide landscape buffer and berm between the principal
arterial, West Floating Feather Road, and the residences. Additionally, pathway connectivity, as
conditioned herein, will provide safe pedestrian access to and along West Floating Feather Road
and between land uses;
f. The proposed R-3-DA-P (Residential with a development agreement — PUD) zoning district is
compatible with the PS (Public/Semipublic) zoning district and land use of the high school
property located to the south, because residential uses benefit from the services and amenities
provided by the high school for the community. Proximity to the high school and the
requirements for pathway connectivity and sidewalk also support pedestrian access to the high
school which promotes less traffic to and through the high school parking lot;
g. The land proposed for rezone is not located within a "Hazard Area" as described in the
Comprehensive Plan. The subject site includes a section of the McHenry Lateral, an irrigation
canal. Irrigation canals are identified within the Comprehensive Plan as "Special Areas" intended
to remain open and used as amenities. The development will include a pathway along the canal,
which will connect to the residential uses and open space within the development;
h. The proposed use, as conditioned within the development agreement, does not create a non-
conforming use within the R-3-DA-P (Residential with a development agreement) zoning district,
since single-family residential is the only proposed and approved use for the development.
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2. The Council reviewed the particular facts and circumstances of this conditional use permit,
preliminary development plan, and preliminary plat (CUP-2025-06/PPUD-2025-06/PP-2025-07) and
based upon the information provided, concludes that the applications are 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 project
introduces residential development at a gross density that is consistent with surrounding density
patterns, the future land use and land use overlay designation for the property, and the objectives
of the Park Lane Planning Area. The applicant will bear all costs associated with the development
and extension of infrastructure, including water, sewer, fiber-optic conduit line, power, and
roadway improvements, ensuring no burden is placed on the public;
b. The development will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity since the
lot sizes, minimum setbacks, and other dimensional standards will conform to the R-3-DA-P
(Residential with a development agreement) zoning district as implemented by the development
agreement, which ensures consistency with the surrounding land use;
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 expected to introduce land use intensities that are generally compatible with
surrounding development. Where existing land use intensities differ from the proposed
development design features and restrictions to design and building scale are incorporated to
ensure compatibility between land uses which may otherwise conflict;
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.
As noted, and/or conditioned herein, by the relevant agencies, the development will be adequately
served by essential public facilities, including law enforcement by the Eagle Police Department,
fire protection by the Eagle Fire Department, power service by Idaho Power Company, central
sewer by the Eagle Sewer District, and water service by Veolia Water. Street improvements to
West Floating Feather Road have been conditioned by ACHD, and no deficiencies in other public
services have been identified.
f. The development will not create excessive additional requirements at public cost for public
facilities and services, since all infrastructure and utility extensions are to be financed and
constructed by the applicant.
g. The project retains certain natural and environmental features that are consistent with the intent of
Eagle City Code requiring parks, ponds, open areas, and areas of special interest within PUDs.
The existing canal, the McHenry Lateral, will remain and continue to serve as a visual and
ecological amenity. Existing irrigation on the site will be piped and buried and include an
irrigation pond which will become an additional visual amenity on the site. The hillside will be
included in the common area open space design and include active amenities at the top of the hill
which will provide a south facing viewpoint overlooking the canal and athletic fields on the
adjacent high school property;
h. Vehicular access will be provided by a local roadway network with access to North Park Lane via
West Monticello Street. ACHD has reviewed the proposal and conditioned necessary frontage
improvements. No traffic impact study was required, and no significant off -site transportation
impacts have been identified;
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i. The development is not anticipated to result in the destruction or loss of any natural, scenic, or
historic features of major importance. The McHenry Lateral will remain and no other natural,
scenic, or historic features of major importance associated with these applications have been
identified.
j. The proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan. The property is designated
Neighborhood Residential with a Residential Transition Overlay within the Comprehensive Plan
and lies within the Park Lane Planning Area, which envisions a transition in density of the
residential development between the Colony Subdivision and Eagle High School. The proposed
density for the residential development, at approximately 1.95-dwelling units per acre, is
consistent with the Comprehensive Plan's objectives for this area, which encourage residential
development up to three units per acre adjacent to the high school property with an overall
density within the Park Lane Planning Area not to exceed 2 units per acre;
k. The proposed development will be harmonious with and in accordance with the objectives 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. The applicant has not requested deviations from underlying zoning dimensional standards.
m. 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 development is located within the boundaries of the Eagle Fire District and is approximately
1.0 miles from Eagle Fire Station No. 3.
Police Protection
The project will be served by the Eagle Police Department and is approximately 4.6 miles from
the Eagle Police Station.
Water Service
The project is located within an area that is served by Veolia Water. The water infrastructure will
be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer infrastructure, the developer will be required to comply with the
District's requirements.
Road Construction
The development will include local roads, to be constructed at the developer's expense, and
which will be constructed to the standards and requirements of the Ada County Highway District.
Open Space
The developer will provide open space, pathways, and amenities as conditioned herein and at the
developer's own expense.
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Maintenance
The maintenance of the pressurized irrigation system as well as all common areas including, but
not necessarily limited to, open space areas, landscape parkway strips, and landscape islands, will
be the responsibility of and regulated by the Mabury Subdivision Homeowner's Association. The
roads, sewer, fiberoptic, power, and water infrastructure will be publicly owned and maintained
by the respective agencies.
Schools
Mabury Subdivision is located within the West Ada School District.
Solid Waste Collection
Solid waste collection is provided by Hardin Services through a contract with the City of Eagle.
n. An estimate of the public service costs to provide adequate service to the development has been
provided by the developer.
o. An estimate of the tax revenue that will be generated from the development has been provided by
the developer.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 111' day of August 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
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