Findings - 2026 - RZDA-2020-10-MOD1/CUP-2026-11/PPUD-2026-05/PP-2026-05 - Mosey Hill Subdivision - Development agreement modification, conditional use permit, preliminary development plan, and preliminary plat for Mosey Hill Sub.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
DEVELOPMENT AGREEMENT )
MODIFICATION, CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN, AND )
PRELIMINARY PLAT FOR MOSEY HILL )
SUBDIVISION FOR RE ONE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZDA-2020-10-MOD1/CUP-2026-11/PPUD-2026-05/PP-2026-05
The above -entitled development agreement modification, conditional use permit, preliminary development
plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on August 3, 2026, at which time public testimony was taken and the public hearing was
closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
RE ONE LLC, represented by Kelli Black with Bailey Engineers, is requesting a development
agreement modification approval to establish a new termination date, along with conditional use
permit, preliminary development plan, and preliminary plat approvals for Mosey Hill Subdivision,
a 58-lot (53-buildable; 5-common) residential planned unit development. The 28.01-acre site is
located on the south side of West Beacon Light Road, approximately 1,000-feet west of North
Lanewood Road, at 6001 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle Middle School at 6:00 PM, on January 6, 2026, for the
applications in compliance with the application submittal requirements of Eagle City Code. The
applications for this item were received by the City of Eagle on April 17, 2026.
A revised pressurized irrigation report was received by the City of Eagle on May 28, 2026.
Revised preliminary plats were received by the City of Eagle on June 16, 2026 and July 27, 2026.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on July 17, 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 July
15, 2026. The site was posted in accordance with the Eagle City Code on July 20, 2026. Requests
for agencies' reviews were transmitted on April 29, 2026, in accordance with the requirements of
the Eagle City Code.
Page 1 of 27
KAPlanning Dept\Eagle Applications\SubdivisionsNosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD. CUP\03-Working Files\03-Planning and Zoning\02-P&Z PacketWosey Hill
Subdivision - PZF.docx
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On February 18, 2021, the City Council approved the annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement —
PUD), conditional use permit, preliminary development plan, and preliminary plat for Mosey Hill
Subdivision (formerly known as Brookway North Subdivision) (A-2020-08/RZ-2020-10/CU-
2020-08/PPUD-2020-03/PP-2020-05).
The development agreement was executed on June 23, 2021. This date is the "Effective Date."
On October 12, 2021, the City Council approved design review applications for the common area
landscaping plan within Mosey Hill Subdivision (DR-2021-35) and the Mosey Hill Subdivision
monument sign (DR-2021-36).
On April 26, 2022, the City Council approved a final development plan and final plat for Mosey
Hill Subdivision (FPUD-2021-09/FP-2021-15). The final development plan and final plat approval
expired on April 26, 2023.
The design review applications (DR-2021-35 and DR-2021-36) and subsequent final development
plan and final plat applications (FPUD-2021-09/FP-2021-15) expired on April 26, 2023.
E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
R-2-DA-P (Residential
Existing
Neighborhood
with a development
Vacant
agreement — PUD)
Proposed
No Change
No Change
Residential Subdivision
RUT (Rural -Urban
Large Lot and
Transition — Ada County
Agricultural (portion of the
North of site
Transitional Large
g
Designation) and R-E-
property to the north is
Lot
DA (Residential Estate
subject to the J&M Land
with a development
development agreement)
agreement)
R-2-DA-P (Residential
Residential (Brookway and
South of site
Neighborhood
with a development
Stags Crossing
agreement — PUD)
Subdivisions)
RUT (Rural -Urban
East of site
Neighborhood
Transition — Ada County
Residential
Designation)
R-2-DA-P (Residential
Residential (Stags Crossing
West of site
Neighborhood
with a development
Subdivision)
agreement — PUD)
Page 2 of 27
K:\Planning Dept\Eagle Applications\Subdivisions\Mosey HilhMosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within the Wildland-Urban Interface Overlay District.
I. SITE DATA:
Total Acreage of Site — 28.01-acres
Total Number of Lots — 58
Total Number of Units -
Residential — 53
Commercial — 0
Industrial — 0
Common — 5
Single-family - 53
Single-family attached - 0
Two-family - 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
1.89-dwelling units per acre
1.89-dwelling units per acre
maximum (as limited by the
development agreement)
Minimum Lot Size*
10,239-square feet
17,000-square feet
Minimum Lot Width
80-feet
75-feet
Minimum Street Frontage
37-feet
35-feet
Total Acreage of Common Area
7.54-acres
7.48-acres (minimum)
Open Space
Percent of Site as Common Area
26.93%
26.70% (minimum)
Open Space
Except that, according to ECC
Section 9-3-8 (C) the City may
require additional public and/or
private park or open space
facilities in PUDs
Percent of Common Area Open
45% (3.42-acres)
15% (1.12-acres)
Space as Active OS
(minimum)
* Pursuant to Eagle City Code Section 8-6-5-5, all lots within the PUD shall comply with the minimum
lot size in the underlying zone as established in section 8-2-4, 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.
Page 3 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
J. GENERAL SITE DESIGN FEATURES:
Common Area Open Space:
Pursuant to Eagle City Code Section 8-6-5-5, lots within a PUD may be smaller than the minimum
lot size for the underlying zone if the decrease in the minimum lot size is offset by an increase in
open space of the same square footage, with the initial starting point for minimum open space, prior
to offsetting increase being added, being equal to 10% of the site. 10% of the site is 2.80 acres. The
proposed PUD consists of 42 lots below the minimum lot size of 17,000 square feet, with a
cumulative decrease of 4.68 acres. The decreased lot size is offset by a 4.74-acre increase of open
space, totaling 7.54 acres of common area open space, representing 26.93% of the site. Open space
areas are distributed throughout the development and include landscape buffers, community
pathways, and regional pathways.
Pedestrian connectivity consists of detached sidewalks along internal streets, eight -foot (8') wide
Neighborhood Pathways, and a ten -foot (10') wide multi -use Regional Pathway along West Beacon
Light Road and the Dry Creek Canal.
All common open space areas are proposed to be owned and maintained by the Mosey Hill
Subdivision Homeowner's Association.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than ten -feet (10') wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System:
No septic systems are proposed within the subdivision.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site in need of mitigation.
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.
Page 4 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey HilhMosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
K. STREET DESIGN:
Private or Public Streets:
All streets within the subdivision are public streets. See the ACHD staff report, dated May 15,
2026, attached to the staff report.
Sidewalks:
Detached five-foot (5') wide concrete sidewalks are proposed (separated by an eight -foot (8') wide
planter strip). Two feet of the planter strips are located within the proposed right-of-way along the
local streets internal to the subdivision. The remaining six feet (6') of planter strip, five feet (5') of
sidewalk, and two feet (2') behind the back of sidewalk will be located within the proposed ACHD
sidewalk easements.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
L. ON AND OFF -SITE PEDESTRIAN CIRCULATION:
Detached five-foot (5') wide concrete sidewalks are proposed (separated by an eight -foot (8') wide
landscaping strip), which are located on both sides of the proposed internal streets. The proposed
sidewalks show connections to existing sidewalk to the west along West Evita Street.
Eight -foot (8') wide community pathways are proposed along North World Cup Way and within
Lot 4, Block 3, to provide connections between the internal streets and the Dry Creek Canal on the
south side of the development.
A ten -foot (10') wide regional pathway is proposed on the north side of the development along
West Beacon Light Road and along the Dry Creek Canal on the southern and eastern boundaries
of the development. The proposed regional pathway shows connections to existing pedestrian
facilities to the southwest along the Dry Creek Canal, and to the northwest along West Beacon
Light Road.
M. PUBLIC USES PROPOSED:
There are no public uses proposed within the subdivision.
N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Police service is provided by the Eagle Police Department, fire protection service is provided by
Eagle Fire District, sewer service is provided by Eagle Sewer District, and water is provided by the
City of Eagle Water Department.
Page 5 of 27
KAPlanning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CU003-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
O. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none known
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — none known
Unique Plant Life — none known
Unstable Soils — none known
Wildlife Habitat — none known
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
No environmental features of concern were identified within the natural features analysis dated
April 10, 2026, attached to the staff report. The applicant acknowledges that natural features
mitigation, according to Eagle City Code Section 8-6-7(B) can be accomplished through
participation in the City's Conservation and Education Program (CEP) as conditioned herein.
Q. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
Page 6 of 27
KAPlanning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
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.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter dated June 17, 2026, are of special
concern.
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Idaho Transportation Department
Eagle Fire
Eagle Sewer Department
Page 7 of 27
KAPlanning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
S. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION:
An application for Mosey Hill Subdivision (formerly known as Brookway North Subdivision — A-
2020-08/RZ-2020-10/CU-2020-08/PPUD-2020-03/PP-2020-05) was presented to the Parks,
Pathways, and Recreation Commission on July 16, 2020. The Commission's recommendation is
included within the recorded development agreement as Exhibit "F" and referenced in condition of
development 3.9. Conditions of approval applicable to the PPRC's recommended pathways as
shown in Exhibit "F" of the development agreement are included herein.
T. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map, designates this site as the following:
Neighborhood
Intended to be single family residential with densities up to 3 units per acre.
Village Planning Area
6.6.1 Village Planning Area Uses/Design
2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact Neighborhood
Residential designation are encouraged to include apartments, town homes,
condominiums, patio homes, bungalows and live/work units ranging in densities from
1 to 3 units per acre.
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and in the Neighborhood Residential
designation, south of Beacon Light Road, should average 1-2 units per acre.
Residential The residential area north of Beacon Light is designated as Large Lot
Residential with a Residential Transition Overlay, transitioning (feathering and
clustering) to the north and east ensuring compatibility with existing residential and
foothills development.
6.6.2 Village Planning Area Access
C. The Village Planning Area will be dependent upon the interconnectivity of local roads as
the area develops.
H. The design of the area should incorporate non -motorized pathways linking residential areas
to the Village Center, foothills, and the existing Eagle Downtown.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi -family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
Page 8 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
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.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F Square Lot
District Height Front Rear Side Side And J* Feet) H* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall
be the minimum lot width specified within the zoning district or 35-feet, whichever is less.
• Eagle City Code Section 8-2A-7 (J)(4): Landscape and Buffer Area Requirements:
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 (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.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
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.
Page 9 of 27
K:\Planning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
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.
• Eagle City Code Section 8-10-1: Requirements and Restrictions for Development Agreements:
G. Modification Of Development Agreement: A development agreement may be modified by
the city council only after complying with the notice and public hearing provisions of
section 67-6509 of the Idaho Code.
C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
0 Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel,
and to provide safe, convenient and aesthetic alternative travel routes to common
destinations such as schools, parks, shopping centers, etc. The following factors will be
considered in the placement of any pathway: the utility and need for a given pathway,
impacts to existing neighborhoods, compliance with the comprehensive plan and trails and
pathways master plan pathway design as it relates to both crime prevention and function,
and the responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways (except in cases where
it is shown to be inappropriate), that provide access to adjacent:
a. Schools;
b. Public parks;
c. Adopted pathway elements within the comprehensive plan trails and pathways
master plan;
d. Neighborhoods;
Page 10 of 27
K:\Planning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
e. Shopping areas;
f. Public lands;
g. Transportation or other community facilities, and vacant parcels, held either
publicly or privately which could provide future neighborhood connection(s) to
the above noted sites; and
h. In similar cases where deemed appropriate.
2. In addition, pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous
for nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half (1/2) mile alongside a local or collector roadway in order to reach the
desired destination.
D. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified ant that the homeowners association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
(c) A requirement that 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.
3.8 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.
Page 11 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.9 Owner shall provide and construct all pathways as shown in the Parks, Pathways, and Recreation
Commission Pathway Recommendations, dated January 4, 2021 (Exhibit "F"). The pathways
shall be constructed in conformance with the City of Eagle standards or the Owner shall provide
a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated
construction cost of the pathways to guarantee completion prior to the City Clerk signing the
final plat. The specific location and design of the pathway shall be approved by the Design
Review Board and City Council prior to submittal of a final plat application. The pathway along
the Dry Creek Canal shall be located within a recorded easement or easements dedicated to and
accepted by Eagle. The instrument number of the recorded easement or easements shall be
referenced on the face of the plat.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required
by Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed
within an A-R (Agricultural -Residential) zoning designation until City enacts and records an
ordinance changing the property to the A-R (Agricultural -Residential) zoning designation.
8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall
terminate 5-years after the Effective Date.
I—0304LVI 0WIn
• The applicant is requesting approval of a new time frame for completion of the project and is
proposing a termination date four (4) years from the date the development agreement modification
is executed.
The rezone application for Mosey Hill Subdivision (formerly known as Brookway North
Subdivision) was approved on February 18, 2021, with a site specific condition of approval (0)
stating that the applicant shall "provide a revised fencing exhibit showing open style fencing
located adjacent to the common area open spaces and on the street side of all corner lots prior to
execution of the development agreement associated with the rezone." A revised fencing exhibit
was not included in the executed development agreement, however. Additionally, condition of
development 3.4 prohibits the use of vinyl fencing, however, the fencing plan within the executed
development agreement shows vinyl privacy fencing. In accordance with site specific condition #7
and condition of development 3.4 of the Brookway North Subdivision approval, the applicant is
requesting to update the fencing plan (Exhibit "D") within the development agreement to reflect
the revised fencing plan attached hereto.
Page 12 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
• Condition of development 3.4 of the original development agreement associated with Mosey Hill
Subdivision establishes minimum requirements to be included in the conditions, covenants, and
restrictions for the Property. Condition of development 3.4 should be amended to add the following
requirements to be included in the Mosey Hill Subdivision CC&Rs:
A requirement that any fencing located adjacent to common area open spaces and on the street
side of all corner lots shall be an open fencing style such as wrought iron or other similar
decorative style, durable fencing material. Specific buffer area fences and decorative walls may
be allowed as otherwise required in ECC Section 8-2A-7 (J).
A maintenance manual for the streetlights requiring that the association shall have the duty to
maintain and operate the light fixtures including the repair and replacement of the fixture, any
associated electrical supply, and light bulbs, in perpetuity.
A requirement stating that the Homeowner's Association shall have the duty to maintain all
common landscape areas in the subdivision are maintained in a competent and attractive
manner, including the watering, mowing, fertilizing and caring for shrubs and trees in
perpetuity (ECC 9-4-1-9[C][1]).
Condition of development 3.8 of the original development agreement associated with Mosey Hill
Subdivision requires the establishment of an architectural control committee (ACC) as a component
of the development's CC&Rs, and requires that all single-family dwellings shall be constructed in
substantial conformance to the styles of architecture as shown in Exhibit "E". Condition of
development 3.8 should be amended to add a requirement that similar residential home exterior
elevations shall not be used twice within a five (5) home radius of each other.
• Condition of development 3.9 of the original development agreement associated with Mosey Hill
Subdivision requires the construction of pathways and sidewalks according to the Parks, Pathways,
and Recreation Commission Pathway Recommendations, dated January 4, 2021 (Exhibit "F").
Conditions of approval relevant and applicable to the Commission's recommendation shown in
Exhibit "F" are included herein.
• The proposed development is located within the City of Eagle's Municipal Water Service Area.
Pursuant to Resolution No. 24-03, a portion of the water capitalization fee shall be collected at the
time of preliminary plat submittal and the remainder of the fee shall be collected at the time of final
plat submittal. The applicant should be required to pay the remainder of the water capitalization fee
prior to the City Clerk signing the final plat.
• The property has a zoning designation of R-2-DA-P (Residential with a development agreement —
PUD). Pursuant to Eagle City Code Section 8-2-4, the following setbacks, maximum lot coverage,
and minimum lot width are required within the R-2 (Residential) zone:
R-2 (Residential) zoned area:
Front
Rear
Interior Side
Street Side
Maximum Lot Coverage
Minimum Lot Width
30-feet
30-feet
10-feet (first story) 5-feet (each additional story)
20-feet
40%
75-feet
* A single-family dwelling that utilizes a side entry garage is permitted to have a 5-foot reduction
in the minimum required front yard setback provided that the distance in no less than twenty feet
(20') within the R-2 zoning district.
Page 13 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
* All front load garages shall be setback a minimum of twenty-five feet (25') from the back of
sidewalk.
As stated in the applicant's narrative, dated March 17, 2026, the applicant is requesting a two and
a half foot (2.5') reduction of the interior side setback for lots less than ninety feet (90') in width.
If the request for a waiver of Eagle City Code Section 8-2-4 is granted, the interior side setback for
lots less than ninety feet (90') in width should be seven and a half feet (7.5') with an additional two
and a half feet (2.5') required for each additional story, as identified below.
Since the applicant is proposing eleven feet (I V) to be located between the back of sidewalk and
the edge of right-of-way, the front -garage setback should be no less than thirty-six feet (36'), as
identified below, to ensure all front load garage setbacks are no less than twenty-five feet (25').
The following building setbacks, maximum lot coverage, and minimum lot width should apply:
Front — Living
Front — Garage (Front Load)
Front — Garage (Side Load)
Rear
Interior Side
Interior Side (lots less than 90-feet wide)
Street Side
Maximum Lot Coverage
Minimum Lot Width
30-feet
36-feet
25-feet
30-feet
10-feet (first story) 5-feet (each additional story)
7.5-feet (first story) 2.5-feet (each additional
story)
20-feet
40%
75-feet
The preliminary plat includes a plat note (#8) that references the instrument number of the recorded
development agreement. The number provided, however, is the original rezone application number.
The applicant should provide a revised preliminary plat with a revision to plat note #8 which states,
"All development within this subdivision shall be consistent with the conditions of development
within the development agreement (Instrument No. 2021-108295) and any subsequent
modifications to the development agreement." The revised preliminary plat should be provided
prior to submittal of a final plat application.
The preliminary plat also contains a conceptual engineering plan (PP-3) which shows storm water
facilities located within the planter strip area at five (5) separate locations. Pursuant to Eagle City
Code Section 8-2A-7(M), within residential developments one shade class (class II) tree is required
to be located on both sides of all streets within the eight foot (8') wide landscape strip between the
sidewalk and the curb. Trees are to be planted at the front of each lot generally located on each side
lot line corner with the distance between trees to be a minimum of thirty-five feet (35') and a
maximum of eighty feet (80') of street frontage. If the location of the storm water facilities prohibits
the developer's ability to comply with Eagle City Code Section 8-2A-7(M), the applicant should
be required to provide a revised preliminary plat showing subsurface storm water facilities to be
located outside of the required landscape strip areas. The revised preliminary plat should also
delineate the locations of all ACHD stormwater easements and contain a new plat note that
identifies the location of all ACHD storm drainage easements. The revised preliminary plat should
be provided prior to submittal of a design review application.
Page 14 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
3, 2026, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual who stated her concerns regarding traffic increasing through the adjacent
subdivisions. The individual was also concerned that a traffic impact study was not required.
D. Oral testimony neither in favor nor in opposition to the application was presented to the Planning and
Zoning Commission by two (2) individuals who indicated the following concerns:
• The subdivision doesn't have a retention pond for irrigation water storage.
• The developer should maintain the appearance of the canal along the southern side of the
subdivision.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the applicant. A summary of the deliberation can be found at the following link (Granicus time:
04:09:42): htt.c://ensrlc-i�l.yrunrca+s.cum/�latcr/cli�/_'_'74''riei+ id=lc�ret/irect=true
COMMISSION DECISION REGARDING THE MODIFICATION TO THE DEVELOPMENT
AGREEMENT:
The Commission voted 3 to 0 (Smith and Guerber absent) to recommend approval of RZDA-2020-10-
MOD 1 for the requested new termination date of four (4) years from the Effective Date of the executed
development agreement modification, and for the following staff recommended modifications to conditions
of development 3.4 and 3.8 to be placed within the modified development agreement. All other conditions
of development with the existing development agreement remain in effect.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, fencing, shared driveway, pathways, and
amenities. The owner shall provide an operation and maintenance manual including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall
run with the land and that the requirement cannot be modified ant that the homeowners
association or other entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
(c) A requirement that any fencing located adjacent to common area open spaces and on the street
side of all corner lots shall be an open fencing style such as wrought iron or other similar
decorative style, durable fencing material. Specific buffer area fences and decorative walls may
be allowed as otherwise required in ECC Section 8-2A-7 (J).
(d) A maintenance manual for the streetlights requiring that the association shall have the duty to
maintain and operate the light fixtures including the repair and replacement of the fixture, any
associated electrical supply, and light bulbs, in perpetuity.
Page 15 of 27
K:\Planning Dept\Eagle Applica[ions\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
(e) A requirement stating that the Homeowner's Association shall have the duty to maintain all
common landscape areas in the subdivision are maintained in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. (ECC
9-4-1-9[C][1])
(f) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all
applicable government bodies. In the event a governmental rule, regulation, law or ordinance
would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to
be amended to comply with the applicable rule, regulation, law or ordinance.
(g) Similar residential home exterior elevations shall not be used twice within a five (5) home radius
of each other.
3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "E".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the development
shall be accompanied by an approval letter from the ACC. Building permit applications that do not
have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1.
Similar residential home exterior elevations shall not be used twice within a five (5) home radius of
each other.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Smith absent) to recommend approval of CUP-2026-11/PPUD-2026-05/PP-
2026-05 for a conditional use permit, preliminary development plan, and preliminary plat for Mosey Hill
Subdivision with the following staff recommended site specific conditions of approval and standard
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZDA-2020-10-
MOD 1 or any subsequent approved modification.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
4. The applicant shall be required to pay the remainder of the water capitalization fee prior to the City
Clerk signing the final plat.
Page 16 of 27
KAPlanning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
5. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing material.
Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section
8-2A-7(J).
The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the City)
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 City. The trees shall be located within an
eight -foot (8') wide landscape strip between the five-foot (5') wide concrete sidewalk and the curb.
Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required
placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining
any occupancy permits for the homes.
A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the
surety may be permitted for any portion of the development that is completed, including street trees
that have been installed. On -going surety for street trees for all undeveloped portions of the
development will be required through project completion.
7. All living trees shall be preserved unless otherwise determined by the City. A detailed landscape plan
showing how the trees will be integrated into the open space areas (unless approved for removal by the
City) shall be provided for the City approval prior to the submittal of a final plat. Construction fencing
shall be installed (pursuant to the City's) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
8. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights -of -way abutting and within this site prior to approval of a final plat (ECC Section
9-4-1-2).
9. The following setbacks, minimum lot width, and lot coverage requirements shall apply:
Front — Living
Front — Garage (Front Load)
Front — Garage (Side Load)
Rear
Interior Side
Interior Side (lots less than 90-feet wide)
Street Side
Maximum Lot Coverage
Minimum Lot Width
30-feet
36-feet
25-feet
30-feet
10-feet (first story) 5-feet (each additional story)
7.5-feet (first story) 2.5-feet (each additional story)
20-feet
40%
75-feet
10. The applicant shall place 4' x 8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
property. The subdivision sign(s) shall be located on the property outside of the public right-of-way
and remain clearly visible from the roadway.
11. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat (ECC Section 9-4-1-8).
12. Provide documentation from the subdivision contractor indicating that any individual wells located on
the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing
the final plat.
Page 17 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD. PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
13. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic
systems and drainfields located on -site. Upon removal the applicant shall provide documentation from
the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to
the City Clerk signing the final plat.
14. Mosey Hill Subdivision shall remain under the control of one Homeowners Association.
15. All plat notes that are required on the preliminary development plan/preliminary plat shall be
transferred to the final plat prior to submittal of a final plat application.
16. The applicant shall provide a revised preliminary plat with a revision to plat note #8 which states, "All
development within this subdivision shall be consistent with the conditions of development within the
development agreement (Instrument No. 2021-108295) and any subsequent modifications to the
development agreement." The revised preliminary plat shall be provided prior to submittal of a final
plat application.
17. If the location of the storm water facilities prohibits the applicant's ability to comply with Eagle City
Code Section 8-2A-7(M), the applicant shall be required to provide a revised preliminary plat showing
subsurface storm water facilities to be located outside of the required landscape strip areas. The revised
preliminary plat shall also delineate the locations of all ACHD stormwater easements and contain a
new plat note that identifies the location of all ACHD storm drainage easements. The revised
preliminary plat shall be provided prior to submittal of a design review application.
18. 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 application. 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.
19. The conditions, covenants and restrictions for the Mosey Hill Subdivision should contain a
Conservation and Education Program (CEP) Funding Plan. The Funding Plan should be included as a
separate, independent Assessment within the Covenants, Conditions, and Restrictions (CC&Rs)
associated with Mosey Hill Subdivision and should require the Homeowner's Association to collect
$5.00 per lot, per month. The CC&Rs should clearly define the CEP assessment within the Assessments
section of the CC&Rs, state that any amendment to this Declaration removing or changing the CEP
Assessment in any way must also be approved in writing by the City of Eagle within the "Terms and
Amendments" section of the CC&Rs, acknowledge that the development of the Project has contributed
to the reduction of natural habitat and open space, and that the purpose of the CEP Assessment is to
promote the recreation, health, safety, and welfare of the Members by funding conservation and/or
management of natural or cultural resources, or conservation -based education and outreach programs.
Funds collected from the CEP Assessment shall be delivered to the City of Eagle annually and deposited
in a dedicated fund exclusively for the Conservation Education Program and as approved by the City
Council. The CEP Funding Plan should be executed by the Owner and the City prior to the City Clerk
signing the final plat.
The City of Eagle Parks, Pathways, and Recreation Commission made a recommendation at the meeting
on July 16, 2020 for Mosey Hill Subdivision (formerly known as Brookway North Subdivision — A-
2020-08/RZ-2020-10/CU-2020-08/PPUD-2020-03/PP-2020-05). The PPRC recommendation is
included in the development agreement as Exhibit "F". The following conditions of approval are related
to the pathways required by condition of development 3.9 and Exhibit "F":
Page 18 of 27
KAPlanning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
20. Sidewalks shown in PINK within the pathway exhibit (attached hereto) shall be constructed in
accordance with Eagle City Code Section 9-4-1-6 and CITY OF EAGLE PATHWAY AND TRAIL
DESIGNAND CONSTRUCTION STANDARDS (Resolution No. 23-19). A minimum fifteen -foot (15')
wide ACHD sidewalk easement shall be required, measured from the edge of the right-of-way and
encompassing the entire sidewalk corridor, including the five-foot (5') sidewalk and a minimum two
feet (2') from the back of sidewalk.
21. The eight -foot (8') wide community pathways shown in GREEN within the pathway exhibit (attached
hereto) shall be constructed in accordance with Eagle City Code Section 9-4-1-6 and CITY OF EAGLE
PATHWAY AND TRAIL DESIGN AND CONSTRUCTION STANDARDS (Resolution No. 23-19). A
minimum eighteen -foot (16') wide permanent public access easement shall be required where any
portion of the pathway is located outside of the dedicated right-of-way.
22. The ten -foot (10') wide multi -use regional pathway shown in BLUE within the pathway exhibit
(attached hereto) shall be constructed in accordance with Eagle City Code Section 9-4-1-6 and CITY
OF EAGLE PATHWAYAND TRAIL DESIGN AND CONSTRUCTION STANDARDS (Resolution No.
23-19). A minimum eighteen -foot (18') wide permanent public access easement shall be required where
any portion of the pathway is located outside of the dedicated right-of-way.
23. All pathways shall be constructed, and a survey depicting the location of each pathway within the
easement must be submitted to the City prior to the City Clerk signing the final plat for each phase. If
the pathway has not been constructed at the time of final plat mylar signature, a surety may be provided
in accordance with Eagle City Code Section 9-4-2-2; however, the applicant shall still survey the
pathway location, record the associated easement, and provide the recorded instrument number to the
City upon completion of the pathway. The surety shall not be released until the pathway has been
constructed in accordance with City standards and the aforementioned documentation has been
submitted to the City.
24. The applicant shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by
City staff in writing) at the time of a design review application submittal.
25. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts, or
where they are permitted by ACHD.
26. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to
eliminate sharp turns or blind corners.
27. 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 CITY OFEA GLE PA THWA Y
AND TRAIL DESIGNAND CONSTR UCTION STANDARDS (Resolution No. 23-19). The public access
easement shall extend to the parcel boundary and allow possible connection to adjacent development
and allow the City, or City authorized parties, and adjacent developers, to make alterations within the
easement. Such alterations to elements include, but are not limited to, connection to other trails and
pathways, landscaping, fencing, irrigation equipment, and signage.
28. 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."
29. 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 City
staff.
Page 19 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
30. 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 associated with the first phase of the development.
31. 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, or a surety shall be provided, prior to the
City Clerk signing the final plat for each phase of development.
32. The developer and future homeowners' association shall provide maintenance of all pathways, in
perpetuity.
33. Within all public access easements, the City shall reserve the right to display signage similar to what is
shown in the PPRC recommendation (Exhibit "F") within the development agreement.
34. 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.
35. 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.
36. 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.
37. Signage, including the physical form, materials, placement, and message, that the applicant or HOA
wishes to display within public access easement(s) must be approved in writing by the City
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
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.
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
Page 20 of 27
KAPlanning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Ivlosey Hill
Subdivision - PZF.docx
from said lands by the owner thereof, or the subdivider shall provide for underground tile or other like
satisfactory underground conduit to permit the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for
pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall be
approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the
construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City
Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in
the drainage easements. The approved drainage system shall be constructed, or a surety shall be
submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain
clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer
signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage
easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
Page 21 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
11. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's
specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer,
for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any
dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside
or outside of the public right-of-way the perpetual maintenance of the street lights shall be the
responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business
owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights
will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service, and as
may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle
City Attorney which provide for the use, control and mutual maintenance of all common areas, storage
facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of structures,
grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City
Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
Page 22 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP. PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathway Development
Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the
City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise River
floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City
Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive
Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change. Any change by the applicant in the planned use of the
property which is the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant
or its successors in interest submits application to the City of Eagle for a change to the planned use of
the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A)
(2))•
After Council approval of the final plat, the applicant may construct any approved improvements before
the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance
in the amount of 150% of the total estimated cost for completing any required improvements (see
resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a
Letter of Credit, Certificate of Deposit, cash deposit or certified check.
31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years following
City Council approval the preliminary plat application shall be null and void, unless a time extension
is granted by the City Council.
Page 23 of 27
K\Planning DeptTagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
■ State the days and hours in which heavy truck traffic is permitted to utilize the designated route(s).
■ Maximize the use of highways and principal arterials while minimizing the use of local residential
streets.
■ State that compression braking is prohibited everywhere in Ada County.
■ Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted at the
time of the submittal of a final plat application.
38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved
by staff prior to the issuance of a "Notice to Proceed" with construction letter.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed modifications to the
development agreement (RZDA-2020-10-MOD1) with regard to Eagle City Code Section 8-7-5
"Action by the Commission and Council", and based upon the information provided concludes that the
proposed development agreement modification is in accordance with the City of Eagle Comprehensive
Plan and established goals and objectives because:
a. The existing zoning designation of R-2-DA-P (Residential with a development agreement — PUD)
is consistent with the Neighborhood designation as shown on the Comprehensive Plan Land Use
Map. The Neighborhood designation is suitable for single-family residential with densities up to 3
units per acre and the subdivision is proposed with single-family units and maximum density of
1.89 units per acre;
Page 24 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CU003-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.doex
b. The information provided from the agencies having jurisdiction over the public facilities needed
for the development of this property indicates that adequate public facilities exist or are expected
to be provided as conditioned in the development agreement, to serve the residential uses allowed
on this property under the proposed zone. Central water service will be provided by City of Eagle
Water Department. Correspondence has been received from Eagle Sewer District, Eagle Fire
Department, and Ada County Highway District stating adequate facilities exist to serve the
development with the modifications proposed within this development;
c. The existing R-2-DA-P (Residential with a development agreement — PUD) zoning district zone
has previously been determined to be compatible with the zoning and land uses to the south, north,
west and east, and the proposed modification does not consist of any changes to the land use entitled
through the development agreement;
d. The land proposed for a modification to the development agreement is not located within a "Hazard
Area" or "Special Area" as described within the Comprehensive Plan; and
e. The proposed modifications will not create a non -conforming use within the R-2-DA zone, since
single-family residential is the only proposed and approved use for the development.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CUP-2026-11/PPUD-2026-05/PP-2026-
05) and based upon the information provided concludes that the application is in accordance with the
City of Eagle Title 9 (Subdivisions) because:
a. The proposed PUD is in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare of the community. The
subdivision introduces residential development at a gross density of 1.89-dwelling units per acre,
which is consistent with surrounding density patterns and the Neighborhood designation within the
Comprehensive Plan. The applicant will bear all costs of development associated with
infrastructure development and extension, including water, sewer, and roadway improvements,
ensuring no undue burden is placed on the public.
b. The development will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general vicinity since the
lot sizes, housing styles, and other dimensional standards are consistent with the surrounding
developments and will be upheld by the requirements of the development agreement.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses, since
the development is residential in nature and is located adjacent to other residential areas. The
development is not expected to introduce new land use types or intensities that would be
incompatible with existing or future neighborhood uses identified in the Comprehensive Plan.
d. The development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors. No commercial or
industrial uses are proposed, and residential development is not anticipated to generate impacts
beyond those typical of surrounding residential areas.
e. The development will be adequately served by essential public facilities, including law enforcement
by the Eagle Police Department, fire protection by the Eagle Fire District, and central sewer and
water services, which the applicant will be required to extend at their own cost. Street
improvements to West Beacon Light 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.
Page 25 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packe6mosey Hill
Subdivision - PZF.docx
g. The project introduces 7.54 acres of community open space that are consistent with the intent of
Eagle City Code requiring parks and open areas within PUDs. The proposed subdivision includes
an extension to a major pathway corridor along New Dry Creek Ditch as identified in the City's
Trails and Pathways Plan.
h. Vehicular access will be provided from one (1) arterial roadway (West Beacon Light Road) to the
north and three (3) local roads to the west and south. ACHD has reviewed the proposal and
conditioned the necessary street and right of way improvements and determined as a result of the
proposed use and impacts that no traffic impact study was required.
i. The development is not anticipated to result in the destruction or loss of any natural, scenic, or
historic features of major importance as no such features have been identified with these
applications.
j. The proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of the Comprehensive Plan. The property is designated
Neighborhood within the Comprehensive Plan, which envisions single-family residential
development in this area. The proposed development, with a maximum density of 1.89-dwelling
units per acre, is consistent with the Comprehensive Plan's objectives for this area.
k. The proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of Eagle City Code Title 8. The development agreement in
conjunction with the conditions of approval herein ensures that the planned unit development will
provide open spaces for recreation opportunities and a diversification of lot sizes and housing
styles, thereby enhancing the living experience within the City of Eagle.
1. The proposed development justifies the deviation of required side setbacks and minimum lot size
by providing common area open space that accounts for 26.93% of the site's total area and
constructing regional pathways along the northern, eastern, and southern perimeter of the project.
In case of large scale development (incorporating eleven (11) or more lots or dwelling units):
in. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The Eagle Fire Department will serve the development and has issued conditions of approval that
must be satisfied prior to the issuance of any building permits associated with this development.
Police Protection
Law enforcement will be provided by the Eagle Police Department.
Water Service
The proposed development can be adequately served by public water facilities, as the property is
located within the service area of the City of Eagle Water Department. The applicant shall be
responsible for all costs associated with extending water service to the property, including any
necessary infrastructure improvements or connection fees required by the utility provider.
Sewer
Central sewer service will be provided by Eagle Sewer District upon completion of annexation and
infrastructure extension.
Page 26 of 27
KAPlanning Dept\Eagle Applications\Subdivisions\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx
Road Construction
The construction and improvement of all roads within the development will be completed by the
developer. Upon completion, the roads will be dedicated to the Ada County Highway District.
Open Space
The development will contain a minimum of 26.93% of passive and active open space. The open
space area will contain eight -foot (8) wide Neighborhood Pathways, and a ten -foot (10') wide
multi -use Regional Pathway along West Beacon Light Road and the Dry Creek Canal. The project
will also generate park impact fees to be utilized for the creation of additional parks or add new
equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of open space areas will be regulated by the Mosey Hill Subdivision
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Mosey Hill Subdivision is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Hardin Services through a contract with the City of Eagle.
n. The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of the
developer as conditioned within the approval.
o. The extension of all public utilities and road construction will be provided by the developer at no
cost to the public.
DATED this 17th day of August, 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairm
r,_�
.:1 i:tii(IIIt.
. t
ATTEST:..�,,./ 1,
M®o `olc/'1J,4`��Ir i
- ° � /• it
s•;vj.
cs
Tracy E. , Eagle City Clerk
A� ,• s:l�.l 1, i,,°,
O
"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis"
Page 27 of 27
KAPlanning DeptTagle Applications\Subdivisiong\Mosey Hill\Mosey Hill Subdivision - RZDAMOD, PP, PPUD, CUP\03-Working Files\03-Planning and Zoning\02-P&Z Packet\Mosey Hill
Subdivision - PZF.docx