Findings - PZ - 2023 - A-06-22/RZ-06-22 & ZOA-01-22 & A-14-22/RZ-19-22 - Avimor - Annexation And Rezone From Rp, Rr, And A1 To A-P-D-Da And Rezone From Pc To A-P-D And A Zoning Ordinance Amendment BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE FROM )
(RP-RURAL PRESERVATION— )
ADA COUNTY DESIGNATION), )
RR(RURAL RESIDENTIAL—ADA COUNTY )
DESIGNATION),MULTIPLE USE ZONE )
(BOISE COUNTY DESIGNATION),AND Al )
(PRIME AGRICULTURE—GEM COUNTY )
DESIGNATION)TO A-P-D-DA(AVIMOR )
PLANNED DEVELOPMENT WITH A )
DEVELOPMENT AGREEMENT)AND REZONE )
FROM PC (PLANNED COMMUNITY—ADA )
COUNTY DESIGNATION)TO A-P-D(AVIMOR )
PLANNED DEVELOPMENT)AND A ZONING )
ORDINANCE AMENDMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-22/RZ-06-22 &ZOA-01-22 AND A-14-22/RZ-19-22
The above-entitled annexation and rezone with development agreement applications came before the Eagle
Planning and Zoning Commission for their consideration on January 17, 2023, at which time public
testimony was taken and the public hearing was continued to January 30, 2023, at which time additional
public testimony was taken and the public hearing was closed. The Commission make their
recommendation at that time. 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:
Avimor Development, Spring Valley Livestock, and First American Title as dual beneficiary trust
are requesting an annexation and rezone from RP(Rural Preservation—Ada County designation),
RR(Rural Residential—Ada County designation),Multiple Use Zone(Boise County designation),
and Al (Prime Agriculture — Gem County designation), to A-P-D-DA (Avimor Planned
Development with a Development Agreement) and a zoning ordinance amendment to establish
development standards and processes for the Avimor Planned Development Zoning District. The
17,522-acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000
square feet of commercial and retail uses. This application includes a development agreement,
economic impact report, master wastewater study, a municipal water and pressurized irrigation
system master plan, a master drainage report, grading and hillside development standards, and a
habitat management plan. The 17,522-acre site is located on both the east and west side of State
Highway 55,approximately three miles north of Dry Creek Road in Ada,Gem,and Boise Counties.
Avimor Development is requesting an annexation, rezone from PC (Planned Community —Ada
County designation)to A-P-D(Avimor Planned Development)for portions of Avimor Subdivision
No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision. The
approximately 657-acre site is already developed with a mix of uses and is located on the east side
of State Highway 55,approximately three miles north of Dry Creek Road in Ada County.
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B. APPLICATION SUBMITTAL:
Neighborhood Meetings were held at the Avimor Community Center on February 26, 2022, at
10:00 a.m., 12:00 p.m.,and 2:00 p.m.,in compliance with the application submittal requirement of
Eagle City Code. The applications for this item were received by the City of Eagle on April 26,
2022. A revised development agreement was received from the applicant on December 22, 2022
and a revised zoning ordinance was received on January 6,2023.
C. 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,December 30, 2022.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,
December 30, 2022. The site was posted in accordance with the Eagle City Code on January 5,
2023. Requests for agencies' reviews were transmitted on April 28, 2022, in accordance with the
requirements of Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 20, 2007, the Eagle City Council approved CPA-06-07, for a Comprehensive Plan
Amendment application to adopt the Eagle Foothills Sub-Area Plan and associated text and maps,
including the entirety of the Avimor lands in all three counties and establishing densities of 1 unit
per 2 acres.
On November 27,2007,the Eagle City Council approved Resolution No.07-36 amending the 2007
Comprehensive Plan and adopting and including the North Foothills Planning Area in the Future
Land Use Map.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Foothills residential with RP(Rural Preservation—Ada Avimor Planned Development
open space overlay,multiple County Designation),RR(Rural and undeveloped foothills
community centers,and a Residential—Ada County
scenic corridor. Designation),PC(Planned
County—Ada County
Designation),Al (Prime
Agriculture—Gem County
Designation)
Proposed No change is requested. A-P-D-DA(Avimor Planned Avimor Planned Development
Development with a with minimum 50%open
Development Agreement)and space dedication
A-P-D(Avimor Planned
Development)
North of site NA(North of site is outside Al (Prime Agriculture—Gem Undeveloped foothills
the boundaries of the Eagle County Designation)
Comp Plan)
South of site Foothills residential with RP(Rural Preservation—Ada Mix of Avimor Phases 1-3,
open space overlay,multiple County Designation),RR(Rural undeveloped foothills,and
community centers,and a Residential—Ada County single family residential.
scenic corridor. Designation),PC(Planned
County—Ada County
Designation),
East of site NA(East of site is outside Multiple Use Zone Undeveloped foothills
the boundaries of the Eagle
Comp Plan)
West of sit Foothills residential with R1-DA(Residential with a Spring Valley Planned
open space overlay. Development Agreement) Development
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 18,179 acres(17,522 undeveloped acres plus 657 developed acres,
aka Village One)
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's
narrative attached to staff report.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicants' narrative attached to staff report.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Public Roads: The development is spread across three counties (Ada County, Boise County,and
Gem County)and includes portions of State Highway 55. As such the development will be served
by multiple transportation entities with jurisdiction over the roadways and public rights-of-way.
The Idaho Transportation Department has jurisdiction of State Highway 55.
Within Ada County,public roadways will be governed by Ada County Highway District(ACHD).
Within Boise County, the applicant has reached an agreement for Boise County to maintain
ownership of all roads within the project. However,the maintenance of the roads within the Boise
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County areas of the project will be provided by the developer or its assigns per the terms of the
agreement.
No similar agreement has been reached for Gem County, however, the proposed development
agreement states that no preliminary plat application will be accepted by the City for any portion
of the property that is not served by fundamental public services (e.g., police, fire, EMS, roads).
Additionally, comments received from Gem County Road and Bridge (GCRB) state that GCRB
does not object to entering into a road maintenance agreement at a future date to address the road
maintenance within the City limits contained within Gem County.
The proposed development agreement requires that for all roadways,the developer,in consultation
with the applicable transportation entity, will design, engineer, construct, acquire, install, and
permit the roads and roadway improvements required by the project,in phases as the development
progresses.
All public roads and/or rights-of-way within the project will be dedicated by the developer to the
applicable transportation entity. Both parties agree ACHD standards for roadway design and
construction will be used throughout the project.Waivers or modifications to the ACHD standards
for roadway design and construction may be granted when: (i) approved by the applicable
Transportation Entity; and (ii) either (a) City determines, in its sole discretion, a waiver or
modification is warranted; or (b) Avimor establishes the waiver or modification is warranted
because an area proposed for development is unusual in size, shape, location, topography, and/or
physical condition such that strict enforcement of ACHD standards for roadway design would result
in, excessive grading, extraordinary economic and design hardships, and practical difficulties.
Unless otherwise agreed to,City shall not have an obligation to own or maintain roadways within
the Project.
Private Roads: Any private streets within the Project will be constructed by Master Developer in
accordance with Title 11 B. Such private streets will be maintained by Master Developer or an
Owners' Association. Private streets may be conveyed to one or more Owners' Associations at
Master Developer's election. Master Developer shall grant access licenses over private streets to
service providers (e.g., police, fire, EMS, waste collection) and utility easements for installation,
maintenance and repair of public utilities (e.g.,water and sewer). Avimor requests that they may
limit access to private streets through access control structures(e.g.,gates).
The proposed development agreement requires that in the event the applicable transportation entity
is compensated for operation and maintenance of roads by a private entity (i.e., the Owners'
Association or individual landowners) the developer is required to provide notice on all plats and
within the CC&R's.
Emergency Medical Services (EMS): Ada County is currently served by the Ada County
Emergency Medical Services District (District)., Avimor has entered into an agreement
(Emergency Medical Services Agreement#14499)with the District for paramedic and emergency
medical transport services to serve the portions of the project that are located within Boise County
in the same manner and to the same degree that the services are already provided within Ada
County. The agreement between Avimor and the District is attached to staff report and provides
details on the financial compensation Avimor will provide the District for these services.
The agreement is in effect and continues through September 30,2031. The agreement shall renew
automatically for successive twelve (12) month periods unless either party elects to terminate the
agreement. Avimor is further entitled to immediately terminate the agreement if the portions of
development within Boise County begin to receive EMS services from another provider.
No similar agreement has been reached for Gem County. However, the draft development
agreement states that no preliminary plat application will be accepted by the City for any portion
of the project that is not served by fundamental public services(e.g.,police,fire,EMS,roads).
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Fire: The area that Avimor is requesting to be annexed into the City of Eagle has already been
annexed into and will be served by the Eagle Fire Protection District. To address the hazards of
developing within the wildland urban interface,the application has prepared a Fire and Vegetation
Management Plan. On May 27, 2022, Eagle Fire District submitted comments requesting changes
to the plan. On November 4, 2022,the Eagle Fire Protection District approved the revised Avimor
Fire and Vegetation Management Plan (see Exhibit F of the Habitat Management Plan) with the
condition that the plan be stamped by a Fire Protection Engineer or Certified Wildfire Mitigation
Specialist.
Police: Currently the Ada County Sheriff's Office(ACSO)provides contract police services to the
City of Eagle. The agency transmittal received from the ACSO states in pertinent part:
"I am confident that our City of Eagle deputies could patrol and service the residents
of Avimor, along with the rest of Eagle, as long as additional deputies are brought on
board so that our level of service is not dropped. If the City of Eagle chooses to annex
the Avimor area into city limits,the Sheriffs Office is prepared to expand its current
contract with the City of Eagle to provide police services to all residents of Eagle.This
expansion of services will include not only police patrol and response, but also the
needed resources to transport individuals to the county jail and work with the
prosecutors in Ada,Boise,and Gem County to prosecute cases."
In comments from the Gem County Sheriff,the Sheriff states the following:
"I have spoken with sheriff Clifford and do not object to his proposal. I will require
such agreement to be reduced to writing and include the following elements: cross
deputization, transportation to the gem county jail, and ongoing cooperation between
law enforcement agencies.Written memorialization of the agreement is required as the
service requirements will not change as elective officers do."
No comments were received from the Boise County Sheriff.
If the City elects to annex Avimor, new development within the project will be required to pay
Eagle police impact fees and additional tax revenue will help mitigate the project's impact and may
support an expanded police contract. Additionally, the developer has agreed to donate land to the
Eagle Fire Protection district. Preliminary discussions between the Fire District and ACSO have
identified as the donated land as a possible co-located satellite site.However,no formal agreement
to co-locate has yet been reached.
Prosecution: Cities are responsible for prosecuting misdemeanors and infractions within the city
limits, while Counties prosecute felonies. The current application does not seek to change this
arrangement and all Counties will continue to prosecute felonies.The City will be required to have
one or more prosecution contracts to cover all areas of the City, including within Boise and Gem
counties. Comments from the Boise County Prosecutor state the following:
"As the Boise County elected prosecutor,I have no concerns about this annexation. If
annexation occurs my office will continue to prosecute all felony crimes that occur in
Boise County including those that happen in the annexed area. Eagle would be
responsible for providing prosecution for misdemeanors and infractions that occur
within Eagle City Limits.If annexation occurs,I am happy to work cooperatively with
the City of Eagle on the misdemeanor/ infraction prosecution. I have also discussed
this with the Boise County Sheriff, and he is also supportive of the annexation."
No comments were received from the Ada County or Gem County Prosecutors' Offices.
Water: A Water Service Agreement between Avimor Development, LLC, Sage Investment
Partners,LLC,and City of Eagle was entered on March 22,2022,to provide water service for areas
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of the project that lie outside the Veolia Service Area.Portions of the project that remain within the
Veolia Service Area will continue to receive water service from Veolia.
The developer shall comply with the terms and conditions of the Water Service Agreement for the
construction and dedication of the project's water system. The developer's obligation to construct
system improvements shall be carried out in phases as the project progresses and such
improvements are necessary.Following dedication of any water system facilities,the City will own
and maintain the dedicated facilities. The developer may seek reimbursement for eligible Water
System costs pursuant to the Water Service Agreement.
Sewer: Avimor Water Reclamation Company (AWRC) owns and operates the sewer treatment
facilities,irrigation facilities,and reuse water for the Avimor development.AWRC has constructed
and will continue to construct Wastewater System improvements to serve the project. They shall
ensure that all construction, operation and maintenance of the project's wastewater system is in
compliance with proposed Eagle City Code Title 11 B and the requirements of IDEQ and the Central
District Health Department or the Southwest District Health Department to the extent such entities
have jurisdiction.
AWRC, or its assigns,will own and maintain all wastewater system improvements constructed as
part of the project.Major wastewater system improvements shall be constructed in accordance with
the requirements of IDEQ and in general conformity with the Master Wastewater Study attached.
Pursuant to the terms of the proposed development agreement,Avimor shall submit an engineering
report evidencing the adequacy of the wastewater system concurrently with the submittal of a
preliminary plat application. A letter of approval shall be provided to the City from the AWRC
prior to issuance of any certificate of occupancy.
Avimor requests to retain for irrigation, irrigation and aesthetic storage, recreational or aquifer
recharge purposes all rights,title and interest in any Re-use Water.
Schools: The developer is currently conditioned within the proposed development agreement to
work with each of the three public school districts (West Ada School District, Emmett School
District #221, and Horseshoe Bend Elementary #73) serving the project to select a mutually
agreeable school site (approximately 7-10 acres)to be donated to each such public school district
upon request by the district. Avimor is only obligated to donate land,no improvements have been
requested by the school districts. Additionally, the applicant has reached an agreement with West
Ada School District,dated October 12,2020,that agrees to the same.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map exists.
M. SPECIAL ON-SITE FEATURES:Please see the attached Habitat Management Plan incorporated
herein by reference.
N. NON-CONFORMING USES:
Avimor is proposing that all legal nonconforming uses and nonconforming properties shall be
permitted to continue to be used as they are at the time of annexation of the property along with
reasonable and customary repair, replacement, and expansion in accordance with proposed Title
11B.Avimor proposes the following uses as legal Nonconforming Uses on the Property:
(i) A communications tower located on Ada County tax parcel number SO107212400 and
permitted by Ada County, Idaho pursuant to conditional use permit no. #202101322-CU
(attached to the draft development agreement as Exhibit K-1,authorizing a 100-foot
tower and equipment shelter with necessary fencing;
(ii) A communications tower located on Ada County tax parcel number SO107212400,and
permitted by Ada County, Idaho pursuant to conditional use permit no. #201201173-CU
(attached to the draft development agreement as Exhibit K-2),authorizing a 100-foot
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commercial tower,with 6-foot lightening rod,a 300 square foot equipment shelter,and
access road;
(iii) A certain shooting range,commonly known as the Crowfoot Shooting Range,approved
as a conditional use by Boise County pursuant to CUP-2021-007(attached to the draft
development agreement as Exhibit K-3),which is approximately 40 acres in size,located
on Boise County tax parcel number RP06NO2E303050,and includes four shooting bays;
and
(iv) A temporary medical office and clinic that is approximately 5,000 square feet operated at
on the Property at 5337 Highway 55,Horseshoe Bend,Idaho 83629.
O. AGENCY RESPONSES:
The following agencies have responded, and their correspondence are attached to the staff report.
Comments of special concern, are noted below:
City Engineer:All comments within the Engineer's letters dated 9/23/2022,9/26/2022, 12/09/2022,
and 12/09/2022, are of special concern. In summary, the letters address the review of Avimor's
Master Wastewater Study, Master Drainage Report, proposed Title 11B, and Avimor's Grading
Guidelines and Hillside Development Standards.
City of Eagle Parks,Pathways and Recreation Commission: All comments and recommendations
by the PPRC dated June 22, 2022, are of special concern. In summary,PPRC was opposed to the
adoption of a trail and pathway code within proposed Title 11B.
Community Planning Association (COMPASS): All comments from COMPASS dated June 3,
2022, are of special concerns. In summary,COMPASS expressed concern regarding the potential
impacts of the project on multiple jurisdictions and the possible adverse impacts to roadway
infrastructure in Ada County as the number of homes over the life of the development exceeds
COMPASS's the lang-range transportation plan and demographic forecast for the region.
Ada County Development Services.
Ada County Highway District
Ada County Sheriff's Office
Boise County Board of County Commissioners
Boise County Prosecutor
Central District Health
Eagle Fire Protection District
Eagle Sewer District
Gem County Road and Bridge
Gem County Sheriff
Idaho Transportation Department
West Ada School District
P. LETTERS FROM THE PUBLIC:
The City received 80 letters and online comments regarding the project. Seven of the comments
received were in support of the application, four letters were neutral, and the remainder of
comments were in opposition to the project. All letters are attached to the staff report and are
incorporated herein by reference.
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THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
CHAPTER 6: LAND USE
Foothills Residential is a unique combination of land uses within the Eagle Foothills that strives to
balance residential, non-residential, and open space (developed and natural) use to create unique
hamlets of development that place urban development within the natural environment without
overcrowding or significantly altering the natural features found on the site.
The density for unconstrained lands in the foothills should be approximately 1 unit per two acres.
Residential densities should be calculated to be commensurate with the existing land conditions.
Priorities for open space areas should be lands with slopes of 25%or greater and important habitat
areas. No residential density should be granted for areas located within the floodway, slopes more
than 25%, or sensitive/critical habitat. These areas should be used as open space. Units should be
arranged in accordance with the transect plan as described in the Foothills planning area.
Scenic Corridor is an overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming, enhanced
landscaping,detached meandering pathways,and appropriate signage controls.
Regional Open Space overlay areas should be designated to capitalize on and expand the open space
areas around natural features and environmentally sensitive areas.Priorities for preservation include:
The most sensitive resources — floodways and floodplains (including riparian and wetland areas),
slopes in excess of 25%, locally significant features,and scenic viewpoints. Fragmentation of open
space areas should be minimized so that resource areas are able to be managed and viewed as an
integrated network.Open space areas within the Foothills and along Dry Creek and the Boise River
should be designed to function as part of a larger regional open space network.Where possible,open
space should be located to be contiguous to public lands and existing open space areas.
Village and Community Centers are intended to serve as mixed use centers for goods, services and
employment for areas that are removed from downtown Eagle. Uses and residential densities are
based on location.
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6.14 EAGLE FOOTHILLS PLANNING AREA
Mau 6.12:
'1 toe , Eagle Foothills
i, G l- --/ -,• _ .iF Planning Area
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For over 30 years the Eagle Community has placed significant value on the North Foothills
providing contrast to the green, flat land of the Boise River corridor. For years private landowners
have provided access for horsemen,hikers,hunters, and recreation enthusiasts through an informal
trail and recreation system. In 1999 the Foothills were designated as an area of special concern in
the City's Comprehensive plan.
Over 80% of the Eagle Foothills is held in private ownership by less than 10 families or groups.
Over the recent years the ranch families who historically have lived in the Foothills have begun
looking for new options for the land with many pursuing development options.This desire to change
the historic use of their land coupled with Ada County's significant shift in focus from a rural
preservation agency to promoting urban development outside of cities resulted in the urging by
landowners,neighborhood groups,and citizens for the City of Eagle to engage in a planning process
to bring the Foothills into the City's planning area.
With limited access and transportation options,the Eagle Foothills are intimately linked to the City
and the Eagle downtown. Willow Creek Road is the only improved internal road to the area with
Highway 55 on the east and Highway 16 on the west establishing a clear planning area.As the City
worked through the planning of the foothills a larger geography was noted with large land holdings
crossing east of Highway 55 and north into Gem and Boise Counties.
In 1997 and 2007 the City of Eagle requested Ada County include the area north of Homer Road
into the City's AOI, and both times Ada County requested a full comprehensive Plan for the area.
The North Eagle Foothills Planning Area and associate amendments is the result of the City's
planning efforts in this area.
In late 2006, the City of Eagle entered into a scenario building process to look at the opportunities
and constraints within the Foothills. During this scenario building process, the City used existing
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data from public agencies and private groups to analyze the potential of the Foothills for
development.During this review the City looked at land ownership, existing recreational uses,land
cover, slope, hydrology, resident and migratory big game and other wildlife habitat and potential
migration paths, sensitive plant locations, and potential distribution visibility, landscape quality,
distance zones, and overall visual sensitivity. The result of these maps was an overall opportunities
and constraints map (See Map 6.13).
Table 6.1: Foothills Constraints
Foothils Constraints
Feature Acres %of area
Slopes 25%+ 9,163 19%
Floodway 210 1.0%
Habitat 12,964 26%
BIM 5,398 11%
Total =7,735 57%
Once the constraints mapping was completed the City worked with a work group comprised of local
and state agencies,landowners,and citizens to discuss and model potential development scenarios.
The fmal scenario balanced the natural features of the land with the following values (See Map
6.14):
•The transfer/trade of public lands for a better open space network
•Establishing open space/wildlife corridors
•Providing/preserving a regional recreation system
•Focus development into less visible areas, or ideally non-visible areas (see the City's Foothills
Visual Sensitivity Analysis).
'Primary access to the area from Highway 55 & Highway 16 limiting or diminishing access to the
southern part of Willow Creek/Eagle Road.
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Map 6.14:Regional Open Space Concept
' imam
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Though these scenarios provided the City an overview of the opportunities and constraints of
development it did not prescribe land use densities or intensities that are needed to determine
infrastructure needs, transportation impacts, build out/absorption, or population. With
Comprehensive plan amendments being requested totaling over 20,000 acres both inside and
adjacent to the planning area, the City felt it necessary to begin the process of a specific area plan
for the North Eagle Foothills.
The City's focus was to establish recommendations and guidelines in order to identify those areas
that could best sustain urban development and those areas which should be prioritized to be best
maintained as open space based on the vision of the community and the actual constraints of the
land.
Due to the number of existing and potential applications at the city and county,the interest by both
large and small landowners to provide a detailed build out plan for the area that provides
predictability in long-term land uses,and the City's concerns about downstream effects from county
development, the City agreed to begin planning for the Foothills through a series of workgroups
using the scenario building process as the backbone of the process associated with a plan for
development within the foothills.
During the drafting of the plan the City of Eagle engaged over 500 participants through a series of
weekly work groups that discussed the foothills transportation,habitat and open space,infrastructure
and facilities, water, activity centers, and landscape and design standards for development within
Foothills. This sub-area text is based upon the work of those individual who were committed to
finding workable solutions and long-term development options for the Foothills.
The intent of the North Eagle Foothills sub-area plan is to be a guide for future development as it is
integrated into the Eagle Community and part of the City of Eagle. This will be accomplished
through incorporation of the area into the jurisdictional boundaries while also creating a unique
sense of place that is clearly identifiable as the City of Eagle. It is expected that specific area plans
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(Planned Unit Developments)will be drafted by landowners at the time of development that provide
specific implementation measures for the broad community policies of this plan. The North Eagle
Foothills encompass nearly 49,000-acres north of Beacon Light Road.
All land is not equal. Overall, it is agreed that portions of the Eagle Foothills are more suitable for
standard urban development due to the existing land uses, location to regional transportation
corridors and overall site characteristics.Conversely,the foothills are not the flat irrigated farmland
that the City has historically approved for development. The complex fabric of existing constraints
(topography, erosion potential, location of wetlands, existing sensitive plants and animal
communities,riparian areas,and visual impacts)must be considered when urbanization is proposed
(See Table 6.2). It is the vision of the community that development within the Eagle Foothills will
be in a series of small hamlets providing areas of urbanized development nestled into the natural
environment; establishing development areas that are unique and spatially separated by larger
natural areas and open spaces. To create clusters of great living/urbanized areas that are connected
to and contribute to a larger interconnected regional open space network. Land use designs should
ensure that each development area fits into the natural systems of the Foothills(topography,habitat,
and drainage)opposed to significantly altering the natural systems to allow for development. These
principles are in keeping with the design styles of Randall Arendt in"Rural by Design".
Table 6.2: Foothills Land Uses
Foothills Land Uses
%of
Acres Area
Unconstrained 12,089 25%
Residential Rural 2,080 4%
Slopes 25%+ 16,259 33%
Floodway 210 0%
Habitat 12,964 26%
BLM 5,398 11%
Total 49,000
Community&
Neighborhood Centers 690 1
Adjustment factor:
The build out of the Foothills will be unlike any other area of the City. Environmentally sensitive
areas,public lands,and unique features will affect the overall density and development potential in
the foothills.The overall density of the foothills should remain rural(1 unit per 40 acres and/or lunit
per 10 acres as currently allowed in Ada County)until annexed into the City of Eagle at which time
development should be reviewed for compliance with the Eagle Foothills Plan and for the provision
of adequate public facilities.The overall density of the unconstrained portions of the foothills should
remain rural(1 unit per 2 acres)with options for clustering the base density into transects and density
bonuses for the creation of activity centers and significant open space areas.
Transects are a pre-described guideline or pattern for constructing the built environment. Transects
help establish a flow from activity centers into natural open space areas.In transect planning density
is anticipated to be high in activity centers and decrease as the distance from the centers increases.
The mixture of land uses also change from mixed use areas including commercial, office and
housing to more traditional homogeneous single family detached units on the fringe. Within the
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Eagle Foothills seven(7)transects have been developed to guide the overall development potential
into a pattern that promotes regional open space connections and discreet community and
neighborhood centers. (See Table 6.3)
6.14.1 EAGLE FOOTHILLS GOALS
A. Design a future land use plan that is rooted in the land's capability to sustain development
while preserving the natural features that brought people to the area.
B. Establish a significant regional open space network in order to formalize the existing
recreational uses, environmentally sensitive area and connections between them through creative
design,voluntary dedications, incentive and governmental acquisition or exchange.
C. Create a uniquely identifiable community that blends with the existing city and balances
local land uses with regional growth and services while preserving the uniqueness of the Eagle
Foothills.
6.14.2 EALGE FOOTHILLS LAND USES
A. Recognizing that the foothills are a complex landform the overall density of the foothills
should be limited while encouraging clustering of the available units into a transect plan that includes
regional activity centers with urban type densities transitioning into permanent open space areas.
1. The base residential density for all lands within the Foothills Planning Area should be 1
unit per 40 acres and 1 unit per 10 acres until annexed into the City of Eagle and the
provision of adequate public facilities is secured or demonstrated.
2. Lands with slopes in excess of 25%, floodways due to their sensitive nature and the
potential impacts to the health safety and welfare of the general public, and key habitat
areas as identified by State and Federal agencies should be priority areas for open space
and sending area for units being developed in less constrained area as described in the land
use transects of this plan.
3. Governmental lands (BLM) that are to be managed for the general use and enjoyment of
the public should be designated as public/semi-public with no residential density.
B. Provide incentives to create development areas that are unique to the foothills,opposed to
standard suburban development patterns, providing for walkability to services, schools, and
employment within distinct development areas; establishing a series of hamlets that are spatially
separated by distance, open space, and/or topography but are pedestrian scaled and designed so to
maintain connection to the overall community.
1. Provide incremental increases to the base density commensurate with the provision of open
space, adequate public facilities, and the protection of environmentally sensitive areas,
public lands and unique features.
2. Allow for the transfer of densities within a project/development to create and locate
community and neighborhood centers as described in this plan.
3. Density incentive/bonus should be considered for the following:
a. The establishment of a permanent non-city funding source to offset the annual
operation and maintenance of the open space areas. This may include endowment
funds,use of land trusts and institutes,transfer fees or other mechanisms.
b. Designing the open space to function on both a neighborhood and regional level
providing both internal and external connectivity for multiple user groups
including pedestrians/hikers,bicyclists and equestrians.
c. Working with adjacent landowners to design and dedicate open space on a large
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scale in compliance with the goals of this plan.
d. For the clustering of units into centers and the construction of the land use transect
as describe within this plan.
e. Providing open space greater than 20%of the gross site area.
4. Allow for the waiver of the maximum height requirements when a site-specific visual site
analysis shows no impact to the visually sensitive areas described in the visual impact
Study Commissioned by the City.
5. Establish new architectural and site design standards that are unique to the foothills.
C. Use a regional open space overlay to establish areas where clustering and conservation
development should be used opposed to standard large lot development in order to provide for
habitat and a regional open space network connecting the Eagle/BLM land to points in and outside
the area including Rocky Canyon, Stack Rock, Montour, the Boise Front and the Boise National
Forest.
D. Development should be designed to fit within the natural features of the area.To maximize
the preservation of these features development should be clustered so to preserve as much open
space as possible.
1. Open space should be designed to capitalize on and expand the open space areas around
natural feature and environmentally sensitive areas. Priorities for preservation should
include:
a. The most sensitive resources on the property—Floodways(including riparian and
wetland areas), slopes in excess of 25%, locally significant features, & scenic
viewpoints.
b. Fragmentation of open space areas should be minimized so that resource areas are
able to be managed and viewed as an integrated network.This can be accomplished
through various engineering and design tools i.e.,super pads,hillside engineering,
and others.
c. Open space areas should be designed as part of the larger continuous foothills area
and regional open space network.Where possible open space should be located to
be contiguous to public lands and existing open space areas.
E. Work with landowners and developers to establish a structure for funding the long-term
stewardship and maintenance of large areas of open space.
F. Work with the BLM to leverage the exchange of discontinuous tracts of public land for
equal or larger tracts of contiguous ownership within the regional open space overlay that will build
onto the existing public ownerships.
G. Use the Foothills Land Use Transect(see Table 6.3) to help provide scaling and a pattern
to clustering within large tracts of land as well as to provide a diversity of housing opportunities
within the Foothills including apartments, town homes, condominiums, and small and large lot
single family versus the homogeneous large lot development.
H. Develop Community and Neighborhood scale centers on the principles of mixed use;
variety in form and image;pedestrian orientation; higher density; a focus on transit; and economic
diversity that reflects the patterns of a small town.
1. Community Centers: These are the highest intensity use areas in the foothills.They should
act as density magnets to begin building the transects as described in this section. These
are areas for the clustering of densities from more rural and open space areas.
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These centers are the most intensive development that should occur in the Foothills
planning area. There may be several types of mixed-use community centers including
commercial,educational,and research.
Community Centers are the highest density, with the greatest variety of uses, and civic
buildings of regional importance.It may have larger blocks;streets have uniform street tree
planting and buildings set close to the frontages.No minimum lot sizes. These centers are
characterized by the following:
a. Limited in total number due to the need for high connectivity to the state highway
system and regional trip capture.
b. Community centers should be designed to aid in the location, design and
construction of grade separated interchanges along the state highway system.At a
minimum Community Centers should be designed to provide for the right-of-way
preservation of these facilities.
c. Compact and mixed use in nature these centers should integrate a combination of
uses including office,retail,commercial,institutional,civic,residential,hotel and
recreation while focusing on the paramount community function.
d. These centers should be pedestrian oriented developments that contain elements of
a live, work and play environment. Walkable communities should have all key
amenities or facilities within a '/o mile distance of the majority of the developed
units.
e. Mixed Use Community Centers should be approximately 100-150 acres in size and
allow up to 350,000 square feet of gross leasable space.
f. If residential uses are provided,they should account for no more than 25% of the
gross total area of the Community Center with allowable densities of up to 8 to 10
units per acres.
g. Community Centers should be designed to integrate and promote the expansion of
public transportation along major regional corridors providing transportation
alternatives between communities in the region.
h. As a guideline for planning urban transition and suburban density patterns should
be located with %2 to 1 mile of these centers. This standard allows for the
implementation of the land use transect and ensure that the overall desired land use
pattern of the foothills is implemented. (See Table 6.3 &Figure 6.12)
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Table 6.3:North Eagle Foothills Transects
North Eagle Foothills Transects
Ttanaect =-- Desctlpioa Ornsiry Illustration
Regional Open Space Consists of lands mat have a higher value for regional open space and are owned by pubic entities or nave been
Permanent preserved n perpetuity Consists of lands approximating or reveling to a wilderness condibon including lands
unsuitable for settlement due to topography.hydrology or vegetation This mc'wdes ernsng BLM ownership and 0
See Map 6 2) floodways.
Consists of lids molt suitable for approsimasnq or reveNng to a wddemess condbpn but held in private
mmenhlp Development onions in this area should include cluster and conservation developments as well as • ♦`
Rural Lrlestyle the abilityu pm
to transfer nits to more suitable development areas within a prgect and.,the footfsns Developments unrt per d0 acres --'� �.a
in thrs area should include a minimum ot 50%open space o •'
f;a
Consists of low densty large lot resident I areas Planting is naturalistic and act-backs relatively deep Blocks
Rural Estates may be large a
and the roads irregular to accommodate natural conditions Lots may duster onto 12 acre lots Or I and per 2 acres
fencing restrictions may be used to provde a better open space pattern and protection of natural features .-
dr-
v..J.-. -..d
Pnmardy suburban residential pattern Pmmany a singe tamely detached housing type Setbacks and landscaping ,Aa,f[ - _
are vanable Streets define med umalzed blocks Generally located within a t mile of cpmnluniyrnelghborhood f !' t
Suburban2 5 ands pert acre JJJ
centers but may vary according to the natural features of the foamns Clustenng may be used to ensure F �i �`
significant reponal and neighborhood open space a 2
Consists of a mixed-use but pnmanly residential urban fabric a has a vide range of bonding types single. +r
Urban Transition side yard and row opuses Setbacks and landscaping are viable Sheets define medium sized docks Generally Ofta.'_;�l
located within a 1� 4 units per 1 acre 37'��'-'
2 mile d commumymepnbomood semen but may vary x<oronq to the natural*awes d the
toothib. y-f , •:ttu
.44
40-80 acres in see,these Centers are located at key intersacbons between arterial and collector roadways Mm of 6 and Ma.of 10 A Y1" A
Neighborhood Centers Consists of higher density inured-use budding types that accommodate retad offices row houses and apartments units per acre for a 2, I en
k ofin lunmappedl It has a tight networ streets m mde sidewalks.steady street tree panting and budding,set close to the minimum of 50%of the ..+at •
frontages See Specific Dehnmon, area si*�, t -
Commumy CentersApproximately 100-150 acres insae consists o1 the highest density with the greatesty o uses.an civic m o an vaneff d Min 8 d Ma.of 70 •l ! �,- I,
(See Map 6 2 buddngs of regional mportance.It may have larger docks streets have consistent and evenly spaced pansng units per acre for mar d I s t
mapped) and buildings set close to the frontages.No minimum lot sizes. (See Spac e<dehneion I 25%of the area i¢ t
Source:The Urban Transect by Duan y,Plater-Zyberk&Company
2. Neighborhood Centers: These centers have higher density mixed-use building types that
accommodate retail, offices, row houses and apartments. It has a tight network of streets,
with wide sidewalks, uniform street tree planting and buildings set close to the frontages.
These centers, though not mapped, should be located in areas with the following
characteristics:
a. New Mixed-Use Neighborhood Centers should be approximately 40-60 acres in
size and allow up to 150,000 square feet of gross leasable space,though their shape
is subject to terrain, access,and other site variables.
b. Mixed use in nature, these centers will integrate a combination of uses including
office,retail,institutional,civic,residential and recreation while serving as a focal
point for the overall development
c. Neighborhood centers are located at key collector and arterial intersections within
the residential areas of the foothills.
d. Neighborhood Centers are to include residential with allowable densities of up to
6 to 10 units per acres.This clustering/massing adds interest and serves as a magnet
for the base density (from more constrained areas or open space dedications) for
the overall project and implements the land use transects units.
e. These centers should be sized and scaled to be compatible with the surrounding
single-family uses ensuring a transition of intensities and massing at the edges.
f. Residential uses should account for a minimum of 50% of the gross developable
area of neighborhood centers.
g. Located on level areas of the foothills that can be developed with the least
disturbance of the sensitive hillsides, natural drainage area and important open
space and habitat areas.
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h. The boundaries of these areas normally follow the existing terrain of the immediate
surroundings.
i. Neighborhood centers are spatially separated from each other by rural residential
uses and/or significant open space areas that allow for each neighborhood center
to be independent and avoid the unintentional over-intensification of the
neighborhood centers into Community Centers or something more intensive. (See
Figure 6.12)
j. Neighborhood centers are normally open-air shopping areas, often sharing a
central plaza.
k. Neighborhood centers should have a central focal point that may include open
spaces,plazas, schools,recreational facilities,or civic uses.
1. Buildings in the neighborhood centers should be oriented to the street or public
plazas to encourage pedestrian scaling and access,to promote a neighborhood feel.
m. As a guideline for planning urban transition and suburban land uses should be
located with %2 to 1 mile of these centers or as topography allows. This standard
allows for the implementation of the land use transect and ensure that the overall
desired land use pattern of the foothills is implemented. (See Figure 6.12)
Figure 6.12: Neighborhood Center/Open Space Cluster Concept
Permeant Open Space
••• ••• Rural
Densities
•
New Neighborhood •
•
•• Center •
•
•
4.44---414Y2 to 1 mile radius
• •
• •
• Urban Transition& •
Rural •• Suburban Densities •
Densities •• •
•
••� ••
•
•
•
Create an overlay district to highlight a discreet geographic region within Eagle's
Comprehensive Plan that showcases the emerging viticulture industry unfolding in this area. (See
Map 6.15)
1. Consider modification of the City Code to allow ancillary uses(Bed&Breakfasts,tasting
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rooms,bistros,etc.)to be easily applied for and achieved.
2. Consideration in this area should include uniform signage,modified roadway design,limits
on conflicting land uses including massing and scaling of buildings and structures
(including cell towers),increased limitations on building coverage.
3. Establish City signage and promotion of this emerging agricultural industry.
4. Research how industrial revenue bonding may further the establishment of this region.
J. Due to the unique feature of the foothills and the Eagle Foothills AVA additional
hospitality,resort and tourist uses may be developed in the foothills. These uses should be sited so
not to deteriorate prime habitat or environmentally sensitive area and should be exchanged for the
underlying residential densities in the specific area.
K. Due to the unique scenic and economic value of the agricultural/viticulture uses these uses
should be reviewed as a component of the overall open space design.
L. Work with ACHD to establish a unique road cross section for the district that may include
wider shoulders for parking, gravel driveways and limited use of sidewalks.
M. Design a community that is the pinnacle of water conservation promoting limited
use/extraction, reuse and innovative irrigation and landscape design. If necessary, land use
entitlements may be limited until sufficient potable and irrigation water is established.
N. Establish a land use pattern that promotes large scale and regionally significant services
located along existing regional transportation routes (State Highway16 & 55) while promoting
neighborhood scale services internally to the area.
O. Work with Ada,Gem,and Boise Counties to ensure that the intent of City of Eagle plan is
understood by these jurisdictions.
1. The intent of the Eagle Foothills plan is to provide direction and incentive for land to
develop and incorporate within the jurisdictional boundaries of the City of Eagle.
2. It is the intent of the City of Eagle that all development using this plan as a guide connects
to the City of Eagle municipal water system or be otherwise designated in this plan or
waived by the City of Eagle.
3. It is the intent that land uses within the Eagle Area of City impact remain rurally zoned
(RP&RR)until they are annexed to the City of Eagle.
6.14.3 EALGE FOOTHILLS ACCESS
A. Design a Foothills transportation network that is sized appropriately for the demands of
development in the foothills. (See Map 6.16)
1. Explore the use of roundabouts, multi-purpose trails and water efficient boulevard
treatments throughout the area. (See ACHD's NW Foothills Transportation Plan)
2. Promote the use of the unique road cross sections within the community and neighborhood
centers within the foothills. (See Figure 6.13)
3. Work with the development community,ACHD and ITD to design the following roadways
as gateway corridors for the Foothills and the City of Eagle:
• Willow Creek Road
• State Highway 16
• State Highway 55
B. Promote internal City connections to the foothills to limit the use of the regional
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transportation system for local trips,provide connections within the fabric of the overall City, and
provide alternatives for emergency services when needed.
1. Promote Linder Road and Hartley Road as the main north/south internal connections.
2. Work with landowners,developers and ACHD to assess the best alignment and connection
of N. Eagle Road/Willow Creek Road into the Foothills.
3. When possible,limit roads across major open space areas.
C. Establish design criteria for the crossing and the potential separation of vehicular and
pedestrian/equestrians at major roadways.
D. Ensure that development plans include both motorized and non-motorized circulation.
E. Establish a mechanism to ensure that transportation impacts are planned for and funded
while multi-modal options are integrated into the design of the overall system.
F. Work with the appropriate transportation agencies to establish an achievable means for the
funding and construction of new rights of way in a previously underserved area.Consideration may
include extra- ordinary impact fees, concurrency ordinances, local improvement districts and
latecomer's fees.
G. Design a foothills transportation network that provides for an east/west roadway
connection between State Highway 16 & 55 to provide internally generated regional trips to move
safely and efficiently to/through the regional system.
H. Work with the Idaho Transportation Department to limit access to the State Highway
system through the development process and to establish thresholds for improvements to the system,
including grade separated interchanges,to limit the impacts on the regional traffic flow.
I. Work with the ITD, ACHD and landowners to ensure that a regional roadway system is
developed to serve both the proposed development and the City at large.
J. Work with ACHD, ITD, Idaho Fish and Game,and landowners to establish locations and
standards for animal and recreation crossings and signage to ensure safe migration and recreation
throughout the Eagle Foothills and the region.
1. Locate potential animal and recreational crossings on the transportation and open space
maps within the comprehensive plan.
2. Establish standards for recreation and habitat crossing and signage standards as port of the
wildlife mitigation plan and preliminary plat process.
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Figure 6.13: Roadway Cross-section Community & Neighborhood Centers
Y e
y
6.14.4 EAGLE FOOTHILLS DESIGN
A. The design and development of the Eagle Foothills should include water efficiency, fire
resistance,native plants and drought tolerance plants and,respect the rural foothills character.
1. Water Efficiency: Develop an ordinance for water efficiency in the foothills that includes:
a. Establish appropriate irrigation criteria for the Foothills including maximum
irrigated area,plant types and evapotranspiration rates.
b. The implementation of water efficient automatic irrigation systems for landscape
areas that include:
1. Moisture sensor
2. Automatic controller capable of multiple start times/zones
3. Limit spray heads to turf/flower beds only
4. Encourage the use of reclaimed water for irrigation
5. Limits/regulate the use of outdoor water features(fountains/pools)
c. Encourage the use of water efficient fixtures and appliances within buildings.
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2. Landscaping: Develop landscape criteria, guidelines, ordinances and a community
education program appropriate to Foothills that includes the following:
a. A plant list of recommended/prohibited plants
b. Encourage the use of drought resistant native plants
c. Prepare a list of recommended plants that are native to the Eagle Foothills
d. Limit/regulate the use of turf(define maximum percentage of total landscape area
that can be turf) with adjustments based on the type of turf used i.e., a greater
percentage for lawns utilizing drought tolerant fescue and rye turf rather than more
water dependent Kentucky bluegrass
e. Encourage public education on progressive landscape principles
f. Establish policies for the re-vegetation of disturbed areas in the Foothills
g. Establish policies for use of native plants on non-irrigated slopes
3. Architecture and Design: Develop a Foothills specific architecture and site design book
that includes the following:
Architectural styles appropriate to foothills
Regulates Colors/materials
Ensure that development relates to surroundings
Promote high quality of design and workmanship
Provide incentives for Green buildings/water efficiency
Establish criteria for individual building siting
Clustering/range of densities and housing types
Forms/massing/scale
Roofs below significant ridgelines
Fire Resistant Materials
Utilization of best practices for defensible space,fire protection and suppression
a. Develop guidelines for development in the foothills that includes the following:
1. Establish a pattern language for the Eagle Foothills that gives particular
attention to the use of appropriate forms,massing and scale that relates to
the Foothills landscape and topography.
2. Encourage progressive, creative, high quality and environmentally
sensitive development within a range of product types through the use of
appropriate materials,colors and design.
3. Develop standards that throughout this process promote efficient clustered
varied and significant architectural projects.
4. Establish a foothill's residential design review board that is composed of
highly qualified informed citizens and that all projects submitted to the
board be required to be designed by an Idaho registered architect.
4. Site Planning Criteria: Develop site development plans sensitive to existing foothills
characteristics including visually sensitive area, open space and existing/sensitive
landforms(See Map 6.17)
a. Encourage clustered development to ensure quality open space is provided. (See
Figure 6.14)
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Figure 6.14: Comparison of Standard versus Cluster Development
r-- ii •
2,1 . .41,,44 .; i
.\ 1 I r I . 'TI ! 'l'.1,._.L•..*..y
I % ' ii• \II *-4 Ft • !ft . ,. * -
Mow 0*Mr Myr
I
►
Standard Development Cluster Development
b. Establish policies for road design and building placement sensitive to topography
and view sheds.
c. Establish policies for grade adaptive structure placement to mitigate the visual
impact of development. (See Figure 6.15)
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Figure 6.15: Grade Adaptive Structures
.
. — .. . „Ili.
JPrr Douro Slop.L r
S*.l.ems.
d. Encourage contour grading that blends with existing landforms. (See Figure 6.16)
Figure 6.16: Contour Grading
cxa,! �*n x-r ctxt�rxr
f al
tt,».w»us
^ o-'.,` � j it r.Y.a'M Iw RAM MAMMA1. �.e' +r!'�.
.....
v.
^ � �`' � •• �'ter—~rr1
VVV
1 _
. `` _1M `
II I
Figure 6.16: Contour Grading
e. Require lateral and structural grading to be conducted by licensed engineers.
f. Buffer and plantings in Foothills should be sensitive to foothills characteristics and
should not include uniform berms with mass plantings. Berms, if used, should be
shaped to blend in with the existing topography.
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A. The City recognizes that the placement of development within the foothills will create the
need for significant improvements both internally and externally to the area. These impacts should
be adequately assessed and distributed among the landowners within the foothills.
1. The City and landowners should work with ACHD and ITD to establish a mechanism for
the review and assessment of the transportation costs associated with the development of
the Eagle Foothills and the implementation of this plan.
a. Work with ACHD, ITD and/or other transportation authorities to pursue the
collections and dedication of impact fees for improvements specific t
CHAPTER 7: NATURAL REATURES,HAZARD AREAS, & SPECIAL SITES
7.2: NATURAL FEATURE, HAZARD AREAS, & SPECIAL SITES GOALS
A. To provide special concern and attention to the preservation of native wildlife, fish and
plants, water resources, air quality, agriculture, open space and recreation/natural areas when
implementing planning and zoning decisions.
B. To promote the conservation and efficient management of all special areas and sites.
C. To plan for and mitigate hazard areas to protect the health, safety, and welfare of the
community.
7.3: OBJECTIVES
A. To provide and protect riparian habitat that provides crucial food, shelter, and water for
resident and migratory wildlife by protecting existing and rehabilitating degraded riparian corridors.
B. To provide upland wildlife with adequate open space to minimize the disturbance of human
actions.
C. To provide large areas of connectivity between areas of wildlife usage for the seasonal
migration and dispersion of big game,migrating birds, and other species.
D. To protect unique and important features such as rare plant populations, colonial wildlife
features,rare species, springs and high-quality native plant communities.
E. To integrate development into the landscape in order to avoid destruction of habitat.
F. To ensure that citizens are aware of natural hazards and that land use decisions do not put
citizens in harm's way.
7.4: IMPLEMENTATION
A. Encourage development with a small footprint on the land, leaving large contiguous areas
of open space in perpetuity.
B. Link protected habitat areas with each other using areas of open space located with
limited/clustered development.
C. Encourage the City to develop working relationships with Idaho Department of Fish and
Game, Idaho DEQ, US Fish and Wildlife Service, the Army Corp of Engineers, and FEMA.
D. Encourage the preservation of habitat areas which provide for fish and wildlife.
E. Consider wildlife habitat and needs when developing housing and transportation corridors.
F. Encourage water conservation and wildlife habitat through the use of native vegetation in
developments and transportation corridors.
G. Encourage innovative water resource protections; use gray water for landscape and limit
use of fertilizer and pesticides.
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H. Encourage control of invasive and noxious weed species throughout the city's planning
area.
I. Establish a detailed environmental review process and approval process that recognizes the
importance of plant and wildlife habitat, including the following features:
1. Emphasizes connectivity between areas;
2. Development of a rapid environmental review template for use in all foothill areas;
3. Clear description of additional assessments needed if there are issues of concern, such as
the presence of rare plants or a raptor nest;
4. Process to provide all species inventory information to the Idaho Conservation Data Center
(CDC);
5 Process to consult with State and Federal Wildlife Agencies on big game impacts for all
Foothills development;
6. Process to develop a community recreation plan in conjunction with a regional plan; and
7. A process to design and incorporate an integrated pest management plan for the planning
area and each individual development.
J. Require developers to complete an environmental assessment and mitigation plans prior to
final plan submittal. This will include a species inventory and report on any species of concern and
will incorporate wildlife habitat in transportation considerations.
K. Establish ordinances requiring developers to prepare and submit environmental
assessments and any such additional reports as the City may from time to time require, for any
development on land within an area designated as a Special Area or Site or for any development
impacting a designated Special Area or Site.
L. Require development in sensitive areas (Foothills or riparian areas) to retain at least 40%
of the gross acreage as open space in large contiguous blocks.
M. Require developers to demonstrate funding for long term habitat mitigation projects,
including habitat rehabilitation, resident education, weed control, water project development, and
other programs as may be deemed necessary by the city.
N. Continue to actively participate in the Federal Emergency Management Flood Mapping.
O. Continue to actively participate in Ada County Emergency Management.
P. Establish a process to review transportation corridors for wildlife impacts; traffic speeds
may be limited in areas adjacent to riparian corridors in seasons of high wildlife use, or at night to
avoid collision.This avoids the necessity of faunal crossings;these bridges or tunnels provide access
across the roadway for all species.Of particular problem are fences and barricades.These should be
avoided if possible.
Q. Protect and improve natural and man-made waterways.Work with appropriate agencies to
ensure proper maintenance of the facilities.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
8-7-5: AMENDMENTS:
A. Authority:Whenever the public necessity,convenience,general welfare or good zoning practices
require, the council may, by ordinance after receipt of recommendation thereon from the
commission and subject to procedures provided by law, amend, supplement, change or repeal
the regulations,restrictions and boundaries or classification of property.
B. Initiation Of Zoning Amendments: Amendments to this title may be initiated in one of the
following ways:
1. By adoption of a motion by the commission;
2. By adoption of a motion by the council; or
3. By the filing of an application by a property owner or a person who has existing interest in
property within the area proposed to be changed or affected by said amendment.
C. Application For Amendment: Applications for amendments to the official zoning map,adopted
as part of this title by reference, shall contain at least the following information:
1. Name,address and phone number of applicant;
2. Proposed amending ordinance,approved as to form by the council;
3. Present land use;
4. Present zoning district;
5. Proposed use;
6. Proposed zoning district;
7. A vicinity map at a scale approved by the administrator showing property lines,thoroughfares,
existing and proposed zoning and such other items as the administrator may require;
8. A list of all property owners and their mailing addresses who are within three hundred feet(300')
of the external boundaries of the land being considered;
9. A statement on how the proposed amendment relates to the comprehensive plan,availability of
public facilities and compatibility with the surrounding area; and
10. A fee as established by the council. (Ord. 256,2-7-1995)
D. General Procedure For Amendments:Zoning districts shall be amended in the following manner:
1. Request for an amendment to this title shall be submitted by the commission which shall evaluate
the request to determine the extent and nature of the amendment requested.
2. Request shall be reviewed by the commission and shall be evaluated to determine if such action
shall create a demand for public infrastructure that is not currently available for the site
including,but not limited to,municipal sewer and water services.
3. If the request is in accordance with the adopted comprehensive plan, the commission may
recommend,and the council may adopt or reject the amendment under the notice and hearing
procedures as herein provided.
4. If the request is not in accordance with the adopted comprehensive plan, the request shall be
submitted to the planning or planning and zoning commission, or in its absence, the council,
which shall recommend, and the council may adopt or reject an amendment to the
comprehensive plan, under the notice and hearing procedures provided in section 67-6509,
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Idaho Code. After the comprehensive plan has been amended, this title may then be amended
as hereinafter provided for. (Ord. 530, 10-18-2005)
E. Public Hearings,Notice:The commission shall hold a public hearing and make recommendations
on proposed zoning amendments.Zoning amendments may consist of text or map revisions.
1. Zoning Text Amendment: The commission,prior to recommending a zoning text amendment to
the council, shall conduct at least one public hearing in which interested persons shall have an
opportunity to be heard. The commission shall follow the notice requirements provided in
section 8-7-8 of this chapter. Following the commission's hearing, if the commission makes a
material change from what was presented at the public hearing,further notice and hearing shall
be provided before the commission forwards the amendment with its recommendation to the
council.
2. Zoning Map Amendment: The commission,prior to recommending a zoning map amendment
that is in accordance with the comprehensive plan to the council,shall conduct at least one public
hearing in which interested persons shall have an opportunity to be heard.The commission shall
follow the notice requirements provided in section 8-7-8 of this chapter. (Ord.270,5-29-1996)
F. Action By Commission:
1. Recommendation By The Commission: Within forty-five (45) days from the receipt of the
proposed amendment, the commission shall transmit its recommendation to the council. The
commission may recommend that the amendment be granted as requested,or it may recommend
a modification of the amendment requested, or it may recommend that the amendment be
denied. The commission shall ensure that any recommendations for amendments are in
accordance with the following findings:
a. The proposed zoning ordinance amendment is in accordance with the comprehensive plan and
established goals and objectives and the future land use map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided,to serve any and all uses allowed on this property under the proposed zone;
c. The proposed zone is compatible with the zoning and uses in the surrounding area;
d. No nonconforming uses will be created with this rezone.
G. Action By Council:
1.The Council,prior to adopting,revising or rejecting the amendment to this title as recommended
by the commission, shall conduct at least one public hearing using the same notice and hearing
procedures as the commission. Following the Council hearing, if the Council makes a material
change from what was presented at the public hearing, further notice and hearing shall be
provided before the Council adopts the amendment. The City Council shall make findings as
required in subsection F of this section. (Ord. 530, 10-18-2005)
2. Upon granting or denying an application to amend this title,the Council shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions,if any,that the applicant could take to obtain the amendment.
H. Effect Of Amendment Approved: In the event the Council shall approve an amendment, such
amendment shall thereafter be made part of this title upon the preparation and passage of an
ordinance.
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I. Resubmission Of Application: No application for a reclassification of any property which has
been denied by the Council shall be resubmitted in either substantially the same form or with
reference to substantially the same premises for the same purposes within a period of one year
from the date of such final action, unless there is an amendment in the comprehensive plan
which resulted from a change in conditions as applying to the specific property under
consideration.
8-7-6: ZONING UPON ANNEXATION:
Prior to annexation of an unincorporated area,the Council shall request and receive a recommendation
from the Planning and Zoning Commission,or the Planning Commission and the Zoning Commission,
on the proposed comprehensive plan and changes to this title for the unincorporated area. Each
commission and the City Council shall follow the notice and hearing procedures for Zoning Ordinance
map amendments set forth in section 8-7-8 of this chapter. Concurrently or immediately following the
adoption of an ordinance of annexation,the Council shall amend the comprehensive plan and this title.
C. IDAHO STATE CODE PROVISION WHICH IS OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
50-222. ANNEXATION BY CITIES.
(1)Legislative intent.The legislature hereby declares and determines that it is the policy of the state of
Idaho that cities of the state should be able to annex lands which are reasonably necessary to assure the
orderly development of Idaho's cities in order to allow efficient and economically viable provision of
tax-supported and fee-supported municipal services,to enable the orderly development of private lands
which benefit from the cost-effective availability of municipal services in urbanizing areas and to
equitably allocate the costs of public services in management of development on the urban fringe.
(2) General authority. Cities have the authority to annex land into a city upon compliance with the
procedures required in this section.In any annexation proceeding,all portions of highways lying wholly
or partially within an area to be annexed shall be included within the area annexed unless expressly
agreed between the annexing city and the governing board of the highway agency providing road
maintenance at the time of annexation.Provided further,that said city council shall not have the power
to declare such land, lots or blocks a part of said city if they will be connected to such city only by a
shoestring or strip of land which comprises a railroad or highway right-of-way.
(3) Annexation classifications. Annexations shall be classified and processed according to the
standards for each respective category set forth herein. The three(3)categories of annexation are:
(a) Category A: Annexations wherein:
(i) All private landowners have consented to annexation. Annexation where all landowners have
consented may extend beyond the city area of impact provided that the land is contiguous to
the city and that the comprehensive plan includes the area of annexation;
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D. DISCUSSION:
• TITLE 11B(PROPOSED ZONING ORDINANCE):
Avimor is proposing the adoption of a new zoning ordinance Titled 11B. The provisions of Title
11B will only apply to the lands located within the Avimor Planned Development. This title is
similar to Title 11A,the Spring Valley Development Ordinance,which applies only to the Spring
Valley Planned Development.
Under proposed Title 11B,a new zoning designation called Avimor Planned Development or A-P-
D,will be created.Title 11B establishes development standards and processes for the A-P-D zoning
designation.
Title 11B identifies six land use districts (Village Center, Mixed Use/Commercial, Village
Residential, Foothills Residential, Open Space, and Village One) which identify all the lands on
the Master Land Use Map.Title 11B then describes which Sub-Use Districts are appropriate within
each Land Use District.Sub-Use Districts specify the appropriate lot area dimensional requirements
and permitted uses for parcels, therefore all parcels must be identified within a Sub-Use District
prior to development.
The Village One land use district consists of the developed portions of Avimor that were previously
approved through Ada County. Those sub-use districts mirror the standards that were approved by
Ada County. A map showing the sub-use districts is located in proposed Title 11B on page 147
(11B-3A-2).
The portion of Boise County that has received preliminary plat approvals from Boise County has
also received sub-use district designations. A map showing the sub-use districts is located in
proposed Title 11B on page 154(11B-3B-2).
The remainder of the land use districts do not have sub-use districts identified at this time.However,
sub-use districts will be designated at the time of preliminary plat. Each Sub-Use District
designation will have to comply with the Master Land Use Plan.
It is important to note,that under the provisions of Title 11B,Avimor would be permitted to submit
preliminary plats for development following annexation and no other long range planning
applications would be required. This is in contrast to Title 11A, which governs the Spring Valley
Development,that requires the submittal of a Planned Unit Master Plan application,aka PUMP.At
the time of preliminary plat review,Avimor would specify which Sub-Use Designations they were
proposing and demonstrate that they are in conformance with the Master Land Use Plan.
Design Review Comments:
The City's Design Review Board reviewed Title 11B, Chapter 3: Design Standards, during their
September 22,2022,regularly scheduled meeting.The applicant revised the Chapter based on their
comments and feedback and on October 13,2022,the Design Review Board approved a motion to
recommend approval of ZOA-01-22.
Parks,Pathways,and Recreation Commission(PPRC):
PPRC reviewed proposed Title 11B and did not support the adoption of the sections contained
within 11B that dealt with trails and pathways.Instead,PPRC recommended that Avimor be subject
to Eagle City Code 9-4-1-6. One of the reasons given by PPRC was to give the City the ability to
easily amend Eagle City Code because trail specifications and best practices change over time. If
the trail standards are contained within Title 11B,it will be difficult for the City to amend them in
the future because an amendment to Title 11B will require the consent of Avimor. PPRC also
provided additional recommendations contained in their memo dated June 22,2022.
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• PROJECT DENSITY
The land proposed for annexation is located within the Eagle Foothills Planning Area in Ada,Boise,
and Gem Counties.The plan states the overall density of the unconstrained portions of the foothills
(slopes less than 25%) should remain rural(1 unit per 2 acres)with options for clustering the base
density into transects and density bonuses for the creation of activity centers and significant open
space areas. Mixed use community centers should be approximately 100-150 acres in size and
residential uses should account for no more than 25%of the gross total area but may allow densities
of up to 8-10 units per acre. Neighborhood centers should be 40-60 acres in size and should be a
minimum of 50%residential. These areas may permit densities of up to 6-10 units per acre.
The applicant has provided a worksheet stating there are 9,875 acres of lands with slopes less than
25%,which based on the Comp Plan proposed densities of 1 unit per 2 acres would support 4,937.5
dwelling units on the property. The applicant forecasts they will have 480 acres of community and
neighborhood centers; using a projected density of 8 units per acre for these areas. The applicant
forecasts an additional 3,840 dwelling units,for a total count of 8,777.5 dwelling units.
The draft development agreement limits the planned development to 8,761 dwelling units, which
is less than the applicant's estimate of permitted density.However,those numbers are based on the
assumption that the City believes eight units per acre is an acceptable density of the community
and neighborhood centers. While the eight units per acre is on the lower end of projected
community center densities(8-10 units per acre) it is in the middle of the projected neighborhood
center densities(6-10 units per acre).It should be noted that Avimor's Master Land Use Plan does
not provide adequate detail to determine what percentage of the centers will be dedicated to
residential uses versus other uses.
• ADA COUNTY AND BOISE COUNTY APPROVALS:
The applicant is proposing that the already permitted portions of the project that were approved
through Ada County and Boise County be brought into the City and developed according to those
existing approvals,the standards of which have been incorporated into Title 11 B.
Within Boise County there are three approved preliminary plats and one set of approved
construction plans, which can be found in the attachments to the Development Agreement. None
of these lands has been developed yet and the Council could decide not to adopt the preliminary
plats or development standards approved through Boise County.
Within Ada County the lands that have already received approvals are designated as Village One
Land Use District.Village One consists of a few lots from Avimor Phase I as well as Avimor Phases
4-12.A significant portion of the Village One Land Use District has already been developed.These
lands are a separate application from the undeveloped lands and are not subject to the Development
Agreement.the City Council may choose to either approve or deny the application separately from
the other application which consists of the Gem County, Boise County, and undeveloped Ada
County lands.
• PUBLIC SERVICES:
There are currently no agreements in place for EMS or roadway ownership within Gem County.
The applicant has had several conversations with Gem County and intends to establish a road and
maintenance agreement with Gem County similar to the one they have with Boise County once
annexation is complete.
Ada County EMS has agreed to provide EMS service within Boise County; however, they are
permitted to terminate the agreement to serve Boise County after September 30, 2031, at which
time the portions of the development in Boise County may not have access to EMS services.
The draft development agreement requires the developer to work with the Eagle Fire District to
identify a mutually agreeable parcel of land for donation to the Fire District. It has been discussed
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that this site may be utilized for a shared facility with the Eagle Police Department,however,there
is no requirement at this time for a similar donation to guarantee a site for the police department.
• TRAILS,OPEN SPACE,&PARKS:
Avimor is proposing that a minimum of 50%of the project area be dedicated as either Community
or Regional Open Space and is proposing to also ensure lands for permanent conservation.Pursuant
to proposed Title 11B,each preliminary plat application requires that a minimum 20%Open Space
be designated within the area being platted;this may be Community Open Space or Regional Open
Space. The location of Open Space within the Project shall be in general conformance with the
Master Open Space Plan.Pursuant to Title 11B,for every two(2)acres of developed and improved
land within a platted area (excluding platted Open Space), Avimor will reserve, or cause to be
reserved, one (1) acre of unfragmented habitat land in permanent conservation through deed
restrictions,conservation easements,conveyances or any other mutually acceptable means.
Avimor intends to provide parks, pathways, and trails throughout the project and has provided an
Open Space Plan that identifies existing trails,potential trails, potential trailheads, potential open
space,and potential regional parks and equestrian recreation areas.
The City is in the process of preparing and adopting a capital improvements plan and impact fee
ordinance to establish an adopted level of service for parks and pathways in order to assess a parks
impact fee and a pathway impact fee on new development in accordance with the Impact Fee Act.
The draft Development Agreement states that upon adoption of a valid capital improvements plan
and related impact fee ordinance,the parties agree to enter into an impact fee credit agreement as
soon as possible that may give Avimor a credit for all or part of the impact fee eligible parks and
pathway system improvements within the Project.
• ECONOMIC IMPACT STUDIES:
In 2021,the City contracted Tischler Bise to create a Fiscal Impact Tool for the City that could be
used to study the fiscal impact of various projects. The City used the tool to forecast the fiscal
impact of the annexation of the Avimor Planned Development. The fiscal impact analysis (FIA)
conducted by Tischler Bise looked at two scenarios:
Scenario 1: Growth plus annexation of Phases 4-12
Scenario 2: Growth plus annexation of Phases 1-12
It appears that the scenario that most closely represents the submitted application is Scenario 1.
Tischler Bise found:
Overall, there is a cumulative negative fiscal impact in Scenario 1 and Scenario 2. In
both cases,there is an operating surplus,however,those surpluses are not able to offset
the capital deficits. It is estimated that Scenario 1 will generate a total fiscal impact of
$9 million deficit and Scenario 2 will generate a total fiscal impact of$13 million
deficit.
The FIA also found that under either scenario,there will be an annual deficit of approximately 1.8
million dollars for each of the subsequent years(see pages 8— 10 and Figure 6 of the FIA).
Avimor has presented its own economic impact report on the project that adjusts some of the
model's inputs. Avimor's report forecasts to buildout, which extends beyond the FIA's 30-year
window and also adjusts capital costs of parks and trails.Avimor's study shows the project having
a positive net fiscal impact at the end of buildout. Both studies are attached to the staff report for a
more detailed review.
• AVIMOR'S HABITAT MANAGEMENT PLAN(HMP):
The Habitat Management Plan has been prepared by Avimor and identifies areas where mitigation
is required, the type of mitigation actions, if any, required, and the rationale for such actions.
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Avimor may coordinate, cooperate, and consult with other agencies in the application and
implementation of the Habitat Management Plan, but approval authority for the application and
implementation of the Habitat Management Plan shall rest solely with the Avimor Conservation
Director.Proposed Title 11B requires that Avimor show compliance with the Habitat Management
Plan with each preliminary plat application within the project through the provision of a
development approval letter from the Conservation Director.
The HMP also includes an Invasive/Noxious Weed Management Plan, Recreation Plan, and Fire
Plan within the appendices.The plan was reviewed by a third party,Ecosystem Sciences LLC,for
adequacy and compliance with City of Eagle Code as well as the City's Comprehensive Plan.
Ecosystem Sciences LLC's report provided recommendations that could provide additional clarity
to the plan and allow for improved accountability,but found that:
"Overall, the AD [Avimor Development] HMP is accurate and adequate in outlining
the standard ways in which the proposed project impacts will be avoided,minimized,
and/or mitigated. The stated goals/objectives are appropriate and appear to be
achievable if the stated management actions are followed. The proposed funding
mechanisms and organizational structures are adequate for implementing the
management actions that are outlined in the AD HMP."
In response to Ecosystem Sciences LLC's report,Avimor has provided a response memo,a revised
HMP,and a conservation summary report.
• CITY ENGINEER COMMENTS:
The City Engineer has reviewed Avimor's grading and hillside development standards and has
expressed a concern regarding the adequacy of the financial assurances proposed. Specifically,the
grading standards proposed for Avimor only require financial assurance for slope stabilization and
revegetation as part of the mass grading permit. In contrast, Spring Valley's grading and hillside
development standards require financial assurances to complete 100% of the work proposed. The
City Council must determine if the financial assurances proposed by the applicant are sufficient or
if Avimor's hillside and grading standards should be revised to cover other portions of the work
(e.g. grading,storm water pollution prevention,temporary piping).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on January
17, 2023, at which time public testimony was taken and the public hearing was continued to January
30, 2023,at which time additional public testimony was taken and the public hearing was closed. The
Commission make their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by thirty-two(32)individuals.Issues of concern included:the rate of development not being sustainable
or financially viable,the increased demand on water,increased traffics,potential increase in taxes,that
there is not enough public support and the annexation should instead be put to a vote,that some Council
members may have a conflict of interest if they received donations to campaign funds from the
developer,that the Fiscal Impact Analysis raised concerns about the fmancial impact of the project,the
distance to Avimor from Eagle,that Avimor should be required to build trails to the City standard,and
that the application may not meet the state requirements for annexation.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
eight (8) individuals (other than the applicant/representative). Comments in support included that the
City would have increased control of the project, the benefit of the proposed open space to residents,
traffic improvements proposed, increased tax revenue for the City, and increased support of local
businesses.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
1. There are outstanding concerns regarding the Fiscal Impact Analysis and the potential negative
financial impact the project could have on the City.
2. The project is contiguous but not near the developed portion of the City, which could have an
impact on quality of public services.
3. The density is too high for foothills-based development.
4. Concerns about water demand for the number of new dwelling units proposed.
COMMISSION DECISION REGARDING A-06-22/RZ-06-22& ZOA-01-22:
The Commission voted 3 to 1 (Guerber against)(Commissioner McCauley previously recused himself and
was not present)to recommend denial of A-06-22/RZ-06-22&ZOA-01-22 for an Annexation and Rezone
from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County
Designation), Multiple Use Zone (Boise County Designation), and Al (Prime Agriculture—Gem County
Designation)to A-P-D-DA(Avimor Planned Development with a Development Agreement)and a Zoning
Ordinance Amendment.
Additionally, the Commission recommended that the applicant address the following prior to the Council
hearing: disagreement with staff regarding the trails and pathway language within Title 11B, a resolution
on the differences between the two fiscal impact analysis provided by Tischler Bise and Eberle, and
inclusion of the proposed driveway standards presented on January 30,2023, in Title 11B.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-06-22 & RZ-06-22) 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 not in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of A-P-D-DA (Avimor Planned Development with a
development agreement)is not consistent with the foothills residential designation as shown on the
Comprehensive Plan Land Use Map since the project does not provide enough detail to determine
if the land will be developed in transects or with neighborhood and activity centers as described in
the Comprehensive Plan;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that although adequate public facilities will exist to serve all uses allowed on
this property under the proposed zone once constructed by the developer, that the number of
dwelling units proposed may have a detrimental impact on water usage and adequacy of roadways
in the valley;
c. The requested zoning designation of A-P-D-DA (Avimor Planned Development with a
development agreement) is not compatible with the A 1 (Prime Agriculture — Gem County
designation)zones and land uses to the north since that area contains undeveloped foothills;
d. The requested zoning designation of A-P-D-DA (Avimor Planned Development with a
development agreement) is not compatible with the Mixed-Use-Zone (Boise County designation)
and land uses to the east since that area contains undeveloped foothills;
e. The land proposed for rezone is located within a"Hazard Area" and"Special Area" as described
within the Comprehensive Plan;
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COMMISSION DECISION REGARDING A-14-22/RZ-19-22:
The Commission voted 3 to 1 (Guerber against)(Commissioner McCauley previously recused himself and
was not present) to recommend denial of A-14-22/RZ-19-22 for an annexation and rezone from PC
(Planned Community—Ada County Designation)to A-P-D(Avimor Planned Development)due to the land
not being contiguous to the City limits without the land identified in applications A-06-22/RZ-06-22 first
being annexed into the City.
DATED this 21st day of February 2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idah
Cr 7\ I kj c),
Trent Wright, Chairman '
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