Findings - CC - 2023 - A-06-22/RZ-06-22 & ZOA-01-22 and A-14-22/RZ-19-22 - Avimor Annexation and Rezone to APD-DA and Rezone from PC to APD and a ZOA BEFORE THE EAGLE CITY COUNCIL
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 APD-DA(AVIMOR )
PLANNED DEVELOPMENT WITH A )
DEVELOPMENT AGREEMENT)AND REZONE )
FROM PC (PLANNED COMMUNITY—ADA )
COUNTY DESIGNATION) TO APD(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 applications came before the Eagle City Council for their consideration on March 13, 2023, at
which time public testimony was taken and the public hearing was continued to March 27, 2023, at which
time no quorum was present and the meeting was reset for March 28, 2023. At the March 28, 2023 public
hearing additional public testimony was taken on A-06-22/RZ-06-22 and ZOA-01-22 and the public hearing
was closed.Thereafter,at the March 28,2023 public hearing,the hearing on A-14-22/RZ-19-22 was opened,
and public testimony was taken, and the hearing was closed. The Council continued their deliberation on
all applications until March 30, 2023, and made their decision at that time. The Eagle City Council,having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
In case number A-06-22/RZ-06-22 & ZOA-01-22, 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 APD-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.
In case number A-14-22/RZ-19-22, Avimor Development is requesting an annexation, and rezone
from PC(Planned Community—Ada County designation)to APD(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.
1
KAPlanning Depffagle Applications\Avimor\2022W-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
Notice of Public Hearing on the applications for the Eagle City Council was published in accordance
with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on February 24,
2023. Notice of this public hearing was mailed to property owners in accordance with the
requirements of Title 67, Chapter 65,Idaho Code and Eagle City Code on February 24, 2023. The
site was posted in accordance with the Eagle City Code on March 2, 2023.
On March 13, 2023 the public hearing was continued to March 27, 2023. On March 14, 2023, it
was determined that there would be a lack of quorum for the continued City Council hearing on
March 27, 2023 and the hearing would be held on March 28, 2023. Notice of the March 28, 2023
public hearing was posted online on the City's website and emailed on the City's opt-in mailing list
serve on March 15, 2023. Notice of the March 28, 2023 public hearing was also posted at Eagle
City Hall on March 15,2023. On March 27,2023 a sign was posted outside City Hall advising the
public that the March 27, 2023 hearing was postponed to March 28, 2023 due to lack of quorum.
Staff was present at Eagle City Hall on the evening of March 27,2023 as well to inform members
of the public of the postponed hearing.
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.
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.
2
KAPlanning DeptTagle Applications\Avimor\2022W-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Foothills residential with RP(Rural Preservation—Ada Avimor Planned Development
Existing 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. APD-DA(Avimor Planned Avimor Planned Development
Development with a with minimum 50/o open
Development Agreement)and space dedication
APD(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 site Foothills residential with Rl-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)
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's
narrative attached to staff report dated January 17, 2023.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicants' narrative attached to staff report dated January 17,2023.
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
3
KAPlanning DeptTagle Applications\Avimor\2022W-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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. 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) the developer 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 the developer in accordance
with Title 11B. Such private streets will be maintained by the developer or a homeowners' association.
Private streets may be conveyed to one or more homeowners' associations at developer's election.
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). Applicant 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 homeowners'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).,applicant 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 service agreement is attached to staff report and
provides details on the financial compensation 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.
Applicant 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).
Fire: The area applicant 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 applicant 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
4
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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 Sheriff's
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.
With annexation,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 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 the donated land as a possible co-located
satellite site. However,no formal agreement to co-locate has yet been reached.
The applicant proposed to add a condition to provide a one-time payment of up to$128,000 to cover police
services during the period following annexation but before the annexed area is formally in the city's
assessment district. The applicant has also agreed to donate a site of a police station if co-location with
Eagle Fire is not feasible.
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 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,
5
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
which are estimated to be approximately eleven millions dollars' worth of infrastructure. The developer
may seek reimbursement for eligible Water System costs pursuant to the Water Service Agreement.
The water agreement will provide the City with a third aquifer to access in the future.
Sewer: Avimor Water Reclamation Company (AWRC) owns and operates the sewer treatment facilities,
irrigation facilities, and reuse water for the project area. 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 I I 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.
Pursuant to the terms of the proposed development agreement,developer 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.
Applicant 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.The
applicant has also secured a charter school that will be constructed within the project area.
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: No non-conforming uses will be created if the project applications are
approved.
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 I IB, 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 long-range transportation plan
and demographic forecast for the region.
Ada County Development Services.
6
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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 Board of Commissioners
Gem County Road and Bridge
Gem County Sheriff
Horseshoe Bend School District
Idaho Transportation Department
West Ada School District
P. LETTERS FROM THE PUBLIC:
The Planning and Zoning Commission received 100 letters and online comments regarding the project.
Seven (7) of the comments received were in favor of the application, seven (7) comments were neutral,
and the remainder of comments were in opposition to the project. All comments were attached to the staff
report dated January 17, 2023 and staff memorandum dated January 25,2023.
City Council received 167 letters and online comments regarding the project.Twelve(12)of the comments
were in favor of the application,four(4) comments were neutral, and the remainder were in opposition of
the application. All comments were provided in the Council packet dated March 13,2023 and staff memo
dated March 28, 2023.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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
7
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
6.14 EAGLE FOOTHILLS PLANNING AREA
I Mao 6.12:
,. Eagle Foothills
f Planning Area
1 E
f—
y � _
T ni
annin Area
°~
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
8
KAPlanning DeptTagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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
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
•
Feature Acres %of area
Slopes 259%+ 9,163 19%
Floodway 220 1.0%
Habitat 12,964 26%
5LM 5,399 11%
Total 27,735 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 final 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.
9
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
Map 6.14: Regional Open Space Concept
uoao
..r.rwra.rr�>1
1
..... rwwr.r r�tirr
t~.
/�/�IL WryvKO
{AIR IbG'!ltl.i
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 (Planned Unit
10
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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 • 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 Iunit
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 Eagle
11
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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
12
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
These centers are the most intensive development that should occur in the Foothills
13
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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 f/4 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 1/2 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)
14
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
Table 6.3:North Eagle Foothills Transects
North Eagle Foothills Transects
Transept Desceiplion Density Illustration
Regional Open Space Consists Of lands that have a highervalue for regional open space and are ovi by public enldes or have been le
pmmNed in perpetuity.Consist of lands approximating a reverting to a wlderness condition,including lands �@
permanent unsuitable for settlement due to topography,hydrology orvegetation.This includes existing BLM ownership and 0
See Map 6.2) sordwitys.
Consists of itel meat suitable for approenradi or reverting to a wilderness perdition but held in private
Wmeradp.Development options in this area should include cluster and conservation development,as well as
Rural Llfearyte I unit per 40 acres
the ability totransfer units bmore suigbk develepmentamas waNinaprotect andror the foolhileS.DevNopment
in this area should include a minimum of 50%open space,
Consist of low denyry large lot residential areas-Planting Is naturalistic and sell relairmly deep-Blocks
Rural Estates may be large and the roads ircegutar to accommodate natural conditions.Lots may be cluster o do 112 acre lots or 1 unit per 2 acres _
fencing restnchons maybe used to provide a betteropen space pattern and protection of natural features,
Primarily Suburban residential patter.Primary a single family detached housing type-Selbac ks and landscaping -
Suburban are variable.Street define medium docks.Generally Iodated will a 1 miie of commundylneighborhood 2-5 units per 1 acre
centers but mayvary according to the natural features of the foothills,Clustenngmaybeuseeltoensum
significant mgonal and neigh borhoad open space.
Consists of a mleed.rse but primarily residential urban fabnp.It has a vede range of budding types.single, (f_
Urban Transition Side yard.and now housed.Setbacks and landscaping am variable Streets define medium-sided blocks.Generally 4 unit per 1 acre
locales wilhin a 12 mile dcommuniryrneghborirootl centers bul may vary according to the natural features d the
loothils-
= tf
4"0 acres in sues these centers am located at keyintersections between arterial and collector roadways. Min of$and Max.of 10 -
Neighborhood Centers Consists of higher density mixed se building types thataccammodate relay.olbil mw houses and apartments, units per aloe for a •! _—
(unmapped) It has a tight neluorlc of street,with wade sidewalks,steady street bee planting and buildings set close to the minimum of 50%of the -
frentageS. (See Specirkc Definnionl area
Comni Carl Approxlma ely 100.150 acres m size consists of the highest density.with the greatest variety doses,and crvlc Min,of 8 and Max.of 10
(See Map 6.2 buildings of regional importance.It may have larger blocks.streets have consistent and every spaced planing units per acre for max.d
mapped) and buildings set close to the hontalles.No minimum lolsiaes. (See Specific definition ] 25%Of theit area. ;
Source:The Urban Transact by Duany Plater-Z&gerk&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 transepts 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.
15
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
In. 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
i* ** wa ■#### 4
Rural
# Densities
Nu Neighborhood
# i;urker
■
!z to 1 mile radiuf
s #
r #
Urban Transition&
Rural Suburban Densities
Densities ## +
I. 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
16
KAPlanning Depffagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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
transportation system for local trips, provide connections within the fabric of the overall City, and
17
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
1. 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.
18
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
Figure 6.13: Roadway Cross-section Community & Neighborhood Centers
* I 1
1 4.. T"
r'
+Mr1nC ru�r.:
i'a. }•r
L� r
ox
F
,.
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.
19
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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)
20
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
Figure 6.14: Comparison of Standard versus Cluster Development
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)
21
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
Figure 6.15: Grade Adaptive Structures
to
�i'.lh,.an tif„pr I.,r
4
S�rwlr Caw�Nar
d. Encourage contour grading that blends with existing landforms. (See Figure 6.16)
Figure 6.16: Contour Grading
1 ,
��. � ti� 1 rr f r�•
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.
22
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
23
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
24
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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,
25
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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.
I. Resubmission Of Application:No application for a reclassification of any property which has been
26
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CCWvimor ccf 4-20-23.docx
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;
27
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
D. DISCUSSION:
• TITLE 11B(PROPOSED ZONING ORDINANCE):
Applicant 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 zoning district.
This title is similar to Title I IA, the Spring Valley Development Ordinance,which applies only to
the Spring Valley Planned Development.
Under proposed Title 1113,a new zoning designation called Avimor Planned Development or APD,
will be created. Title 11B establishes development standards and processes for the APD zoning
district.
Title I I B 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 covered by case number A-14-22/RZ-19-22. 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-313-2).
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 approved master land use plan.
Design Review Comments:
The City's Design Review Board reviewed Title 1113, 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 I I and did not support the adoption of the sections contained
within I I 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 1113, 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.
• PROJECT DENSITY
The land proposed for annexation is located in Ada, Boise, and Gem Counties. This area has been
included in the Comprehensive Plan, within the Eagle Foothills Planning Area, since 2007. The
Comprehensive Plan amendments at that time included significant public outreach with over 500
participants' voices included in the creation of the vision of the Eagle Foothills Planning Area.
The Comprehensive 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.
28
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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).
• 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 I IB.
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
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 area has already been developed. These lands are a
separate application from the undeveloped lands and are not subject to the Development Agreement.
• 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
that this site may be utilized for a shared facility with the Eagle Police Department.
• TRAILS, OPEN SPACE, & PARKS:
Applicant 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 I IB, 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), developer will reserve, or cause to be reserved, one (1)
acre of unfragmented habitat land in permanent conservation through deed restrictions, conservation
29
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
easements, conveyances, or any other mutually acceptable means. It is estimated that at least sixteen
square miles of open space will be preserved for habitat connectivity.
Developer 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 to give applicant 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 I 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 to reflect that developer is constructing parks and
pathways as part of the project,not the City. Avimor's study shows the project having a positive net
fiscal impact through buildout.Both studies are attached to the staff report for a more detailed review.
• HABITAT MANAGEMENT PLAN(HMP):
The Habitat Management Plan has been prepared by the applicant and identifies areas where
mitigation is required, the type of mitigation actions, if any, required, and the rationale for such
actions. Applicant 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 conservation director.
Proposed Title 11B requires that developer 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:
30
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
"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.
Applicant proposed and inclusion of language in the grading guidelines and hillside development
standards to address financial surety obligations for mass grading,which the City Council approved.
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 made 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 traffic,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 financial 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.
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.
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
31
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
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 APD-DA (Avimor Planned Development with a Development Agreement) and a Zoning
Ordinance Amendment.
Additionally,the Commission recommended that the following be addressed prior to the Council hearing:
disagreement with staff regarding the trails and pathway language within Title I IB, a resolution on the
differences between the Tischler Bise fiscal impact analysis and the Eberle economic impact statement,and
inclusion of the proposed driveway standards presented on January 30,2023,in Title 11B.
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 APD (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.
PUBLIC HEARING OF THE COUNCIL ON A-06-22/RZ-06-22 & ZOA-01-22:
A. A public hearing on the applications was held before the City Council on March 13,2023,at which time
public testimony was taken on both applications and the public hearing was continued to March 27,
2023. Due to lack of quorum present on March 27, 2023 the hearing postponed to March 28, 2023. At
that time additional public testimony was taken and the public hearing was closed. The Council
continued the deliberation until March 30, 2023, and made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by thirty-four (34)
individuals on March 13'and eighteen(18)individuals on March 28'. Issues of concern included: the
increased population and traffic,fear that taxes will increase and that the application is not doing enough
to offset costs (building schools or a fire department), that there are no clear benefits to the City,
concerns with water quality and availability,that the Tischler Bise Fiscal Impact Analysis(FIA)showed
the project as a net deficit over thirty years and that the FIA was outdated or insufficient, that the
Development Agreement was not providing enough City control and that staff's recommendations
should be incorporated if the applications were approved. Testimony was presented on both
applications.
Oral testimony in favor of the application was presented to the City Council by thirteen(13)individuals
on March 13' and five (5) individuals (other than the applicant/representative) on March 28'.
Comments in support included that the City would have increased control of the project and maintain
consistency with the rest of Eagle, the development of the foothills has been forecast in the
Comprehensive Plan for a long time, and the benefits of the proposed open space with relation to
maintaining equestrian uses in the Eagle Foothills. Testimony was presented on both applications.
D. Oral testimony neither in favor nor in opposition to the application was presented to the Council by five
(5) individuals on March 131}i and two (2) more individuals on March 28'. Concerns were expressed
regarding: whether the application should be put to a vote or survey so that the Council could make a
decision based on the will of all citizens, whether the Council had been able to thoroughly review all
materials to date, and based on the FIA being outdated and needing additional materials to better
evaluate whether the application will have a net positive or negative impact on the City if it is only
partially built out. Testimony was presented on both applications.
Following the applicant's rebuttal,the applicant accepted staff's recommendation to include:
1. A requirement for sub-area plan applications within Title I IB;
2. An agreement to donate land to the Police Department in the event they do not co-locate with the
Fire Department; and
32
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
3. To provide easements over one mile of foothills trails for every 200 additional residential dwelling
units; subject to a credit for existing foothills trails.
Following applicant's rebuttal and agreement to the above conditions,the public hearing was re-opened
and oral testimony from the public was allowed but was limited to comments on the applicant's
concessions listed above. Six (6) individuals requested additional clarification on issues but did not
provide comments in favor nor in opposition to the concessions agreed upon by the applicant.
COUNCIL DELIBERATION ON A-06-22/RZ-06-22 & ZOA-01-22:
Upon closing the public hearing,the Council discussed the following during deliberation:
Land Use:
More than 500 people participated in creating the vision of the comprehensive plan and it is important to
honor the vision of the work of so many.
The application complies with the Idaho Statutes for Category A annexations.
Self-incorporation would likely lead to higher density with no City of Eagle control.
Water:
Development of the project will provide the city with a third aquifer to access in the future.
Water service to the development area was agreed upon last year in the water service agreement and the
owner will provide the City with approximately eleven million dollars worth of water infrastructure.
Taxes:
Tax levy is the same throughout the city. Project residents already pay/will pay the same taxes for schools,
Ere,etc.project residents will pay more taxes than other City of Eagle citizens because they will pay for the
CID assessments.
Kids will attend West Ada whether the project is annexed or not.
Economics:
The Tischler Bise Fiscal Impact Analysis said there was a deficiency of capital infrastructure related to parks,
which is not accurate because the applicant intends to contribute all capital costs and infrastructure for parks.
The Eberle economic impact analysis was also very conservative in regard to police costs.Neither economic
report took tourist dollars into account. With these changes,the Tischler Bise Fiscal Impact Analysis would
show the project as net positive for the City. The report also does not take into account the money saved by
not having to buy the foothills for preservation nor the intrinsic value of open space.
Habitat Management:
At least sixteen square miles will be preserved for habitat connectivity.
Trails:
The existing City trail standards don't adequately address the foothills development requirements and needs,
specifically single-track trails.Eagle City Code Section 9-4-1-6 does not have language for property owners
to apply to construct new trails nor language regarding maintenance and funding of private trails. Title 1I-
B has trails funding and maintenance components that should be incorporated into a future City initiated
code amendment to Eagle City Code Section 9-4-1-6. The City may not have the capacity or resources to
manage the foothills trails system without private assistance as the program continues to grow.Accordingly,
the Eagle City Code sections relating to trails and pathways design and construction standards, as may be
amended should be required to be incorporated into Title 1113.
33
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
Police:
The applicant proposed to add a condition to donate up to $128,000 to cover police services until tax
revenues come in.
COUNCIL DECISION REGARDING A-06-22/RZ-06-22 & ZOA-01-22:
The Council voted 3 to 1 (Pike against) to approve 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 APD-DA (Avimor Planned Development with a Development Agreement) and a Zoning
Ordinance Amendment with the conditions as provided in the Development Agreement with the following
changes:
1. Condition 14 C within Exhibit L of the Development Agreement be modified to reduce the building
permit threshold from 8,700 to 7,700 units.
2. Condition 5 within Exhibit L of the Development Agreement be maintained as recommended by
City staff.
3. Conditions 7 and 8 within the Development Agreement be modified as recommended by the
applicant.
4. An additional condition of development that the owner shall reimburse the City for the costs of
providing police service to the annexed area until such time that the City beings collecting tax
revenue from the annexed area in an amount up to but not exceeding one hundred and twenty-eight
thousand dollars ($128,000) as volunteered by the applicant.
CONCLUSIONS OF LAW ON A-06-22/RZ-06-22 &ZOA-01-22:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
and Zoning Ordinance Amendment(A-06-22/RZ-06-22&ZOA-01-22)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 and Zoning Ordinance Amendment is in
accordance with the City of Eagle zoning text and zoning map amendment approval criteria as follows:
a. The requested zoning designation of APD-DA(Avimor Planned Development with a development
agreement), and implementation of the same through Title 11B, is consistent with the foothills
residential land use designation as shown on the Comprehensive Plan Future Land Use Map since
the project does not exceed the density of one unit per two acres as calculated in the Foothills
Planning Area section of the Comprehensive Plan and because the project as conditioned and
implemented through Title 11B clusters development, provides for a minimum 50% open space,
and follows the transect model of the development;
The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities will exist or will exist to serve all uses allowed on
this property under the proposed zone once constructed by the developer;
c. The requested zoning designation of APD-DA(Avimor Planned Development with a development
agreement)is compatible with the Al (Prime Agriculture—Gem County designation)zones and land
uses to the north since the proposed development maintains a low density not to exceed one unit per
two acres, and prioritizes open space within the Gem County portion of the Master Land Use Plan;
d. The requested zoning designation of APD-DA (Avimor Planned Development with a development
agreement) is compatible with the Mixed-Use-Zone(Boise County designation)and land uses to the
east since that area has already been approved for a Planned Community within Boise County and is
designed to have approximately 1,750 dwelling units as well as commercial space;
34
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
e. The requested zoning designation of APD-DA(Avimor Planned Development with a development
agreement) is compatible with the RP (Rural Preservation—Ada County designation), RR (Rural
Residential — Ada County designation) and PC (Planned Community — Ada County designation)
zones and land uses to the south since the proposed development maintains a low density not to
exceed one unit per two acres, and is an expansion of the existing Avimor Planned Community that
is developed near the southern boundary of the property;
f. The requested zoning designation of APD-DA (Avimor Planned Development with a development
agreement)is compatible with the Rl-DA(Residential with a Development Agreement)and land use
to the west since that area has already been approved for a Planned Community(Spring Valley/Val
Nova)that is proposed to be denser than Avimor at one unit per acre overall;
g. The land proposed for rezone is located within a"Hazard Area" and"Special Area" as described
within the Comprehensive Plan, however, the applicant has adopted specialized plans to help
mitigate their impacts within this area, including Grading and Hillside Standards, a Habitat
Management Plan, and a Fire and Vegetation Management Plan;
h. No non-conforming uses are expected to be created with this rezone. There are two existing
communications towers and a shooting range in the annexation area that were previously approved as
discussed below. Each of these uses has been identified and approved within the associated
development agreement and shall be considered a permitted use once annexed. The two
communications towers have received conditional use permits from Ada County (#202101322-CU
and #201201173-CU) and the shooting range also received a conditional use permit from Boise
County (CUP-2021-007), these permits were included in the packet and the uses are permitted to
continue as described.
2. Additional Conclusions of Law include:
a. The application complies with the Idaho Statutes for Category A annexations because: (i)the
proposed annexation area is contiguous to the city for approximately 2.4 miles; (ii)the annexation
area was added into the City's comprehensive plan in 2007; and(iii) all land owners have
consented.
PUBLIC HEARING OF THE COUNCIL ON A-14-22/RZ-19-22:
A. A public hearing on the applications was held before the City Council on March 28,2023,at which time
public testimony was taken and the public hearing was closed. Due to the relationship and connection
to A-06-22 /RZ-06-22 &ZOA-01-22, the Council incorporated the entire record from -06-22/RZ-06-
22 & ZOA-01-22 (including all of the oral testimony and public comments) into the record for A-14-
22/RZ-19-22. The Council continued the deliberation until March 30, 2023, and made their decision at
that time.
B. Oral testimony in opposition to the application was presented to the City Council by one(1)individual
who expressed concern that the property owners in Avimor Phases 4-12 were not properly noticed that
they might be annexed into Eagle in the future and that plat notes may not qualify as consent to
annexation.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
D. Oral testimony neither in favor nor in opposition to the application was presented by four(4)individuals.
The Eagle Fire Chief and Eagle Police Chief provided information regarding the costs of providing
public services to Avimor. One member of the public clarified that adequate notification of the
possibility of annexation was provided when they purchased their home and the other member of the
public requested clarification on whether the two items could be acted on separately.
35
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
COUNCIL DELIBERATION ON A-14-22/RZ-19-22:
Upon closing the public hearing, the Council made a motion based upon the information received and the
testimony provided.
COUNCIL DECISION REGARDING A-14-22/RZ-19-22:
The Council voted 3 to 1 (Pike against) to approve A-1 4-22/RZ-19-22 for an annexation and rezone from
PC(Planned Community—Ada County Designation)to APD(Avimor Planned Development).
CONCLUSIONS OF LAW ON A-14-22/RZ-19-22:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-14-22 & RZ-19-22)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 in accordance with the City of Eagle zoning map amendment approval criteria as follows:
a. The requested zoning designation of APD (Avimor Planned Development) is consistent with the
foothills residential designation as shown on the Comprehensive Plan Future Land Use Map since
the project, and the APD zoning district regulations, comport with the densities allowed within the
Foothills Planning Area section of the Comprehensive Plan and the zoning fulfill the
Comprehensive Plan's goals for clustered development, greater than 50% opens space, and a
transect model of development;
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities exist or will exist to serve all uses allowed on this
property under the proposed zone once constructed by the developer;
c. The requested zoning designation of APD (Avimor Planned Development) is compatible with the
Mixed-Use-Zone (Boise County designation) and land uses to the north and east since that area has
already been approved for a Planned Community within Boise County and is designed to have
approximately 1,750 dwelling units as well as commercial space;
d. The requested zoning designation of APD(Avimor Planned Development)is compatible with the RP
(Rural Preservation— Ada County designation), RR (Rural Residential—Ada County designation)
and PC (Planned Community—Ada County designation) zones and land uses to the south and west
since the proposed development maintains a low density not to exceed one unit per two acres,and is
an expansion of the existing Avimor Planned Community that is developed near the southern
boundary of the property;
e. The land proposed for rezone is located within a "Hazard Area" and"Special Area" as described
within the Comprehensive Plan, however, the applicant has adopted specialized plans to help
mitigate their impacts within this area, including Grading and Hillside Standards, a Habitat
Management Plan, and a Fire and Vegetation Management Plan;
f. No non-conforming uses are expected to be created with this rezone.
2. Additional Conclusions of Law include:
a. The annexation component application complies with the Idaho Statutes for Category A
annexations.because: (i)the proposed annexation area is contiguous to the city; (ii)the
annexation area was added into the City's comprehensive planning area in 2007; and(iii) all land
owners have consented through the recording or written instruments as permitted in Idaho Code §
50-222.
36
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CC\Avimor ccf 4-20-23.docx
DATED this 25'day of APRIL 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
n P erce,Mayor
ATTEST:
00
O• O
. QA.
Tracy E. Osk n,Eagle City
37
KAPlanning Dept\Eagle Applications\Avimor\2022\A-RZ-ZOA-DA application\03 Working Docs\CMvimor ccf 4-20-23.docx