Findings - CC - 2025 - PP-2024-03 - Preliminary Plat for McLeod Subdivision No. 1BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A PRELIMINARY PLAT FOR )
MCLEOD SUBDIVISION NO.1 FOR )
AVIMOR DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-2024-03
The above -entitled Preliminary Plat application came before the Eagle City Council for their action on
March 25, 2025, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Avimor Development, LLC, represented by Brad Pfannmuller, is requesting preliminary plat
approval for McLeod Subdivision No.l, a 375-lot (337-residential, 11-commercial, 27-common)
subdivision. Portions of the 313.00-acre site is located within Ada County, Boise County, and
Gem County and is generally located on the west side of State Highway 55 north of the
intersection of State Highway 55 and North McLeod Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at the Avimor Community Center at 6:00 PM,
Wednesday, July 10, 2024, in compliance with the application submittal requirement of Eagle
City Code Title 11 B. The application for this item was received by the City of Eagle on
September 13, 2024.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code Title I I on January 31, 2025. 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 January 29, 2025. The site was posted in accordance with the Eagle City Code on
February 3, 2025. Requests for agencies' reviews were transmitted on September 23, 2024 in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application 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
March 5, 2025. 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 March 5, 2025.
The site was posted in accordance with the Eagle City Code on March 10, 2025.
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D. HISTORY OF REVELANT 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.
On April 25, 2023, the Eagle City Council approved A-06-22/RZ-06-22 & ZOA-01-22
authorizing the 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.
On April 25, 2023, the Eagle City Council approved A-14-22/RZ-19-22 authorizing the
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.
On April 25, 2023, the Eagle City Council approved Ordinance 895 for the creation of Title 1113
— City of Eagle: an ordinance adding a new Title 11B "Avimor Zoning Ordinance".
On January 14, 2025, the Eagle City Council approved Sub -Area Plan (SAP) No. 1 for Avimor
for Avimor Development, LLC (SAP-2024-01).
E. COMPANION APPLICATIONS:
No companion applications were submitted with this application.
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COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
APD-DA (Avimor
Vacant Land
Existing
Foothills Residential
Planned Development
with a development
(Designated for Future
agreement)
Re -Subdivision)
APD-DA (Avimor
Proposed
Foothills Residential
Planned Development
Single Family
(No Change)
with a development
Residential Subdivision
agreement) (No Change)
APD-DA (Avimor
Vacant Land
North of site
Foothills Residential
Planned Development
with a development
(Designated For Future
agreement)
Re -Subdivision)
APD-DA (Avimor
Vacant Land
South of site
Foothills Residential
Planned Development
with a development
(Designated For Future
agreement)
Re -Subdivision)
APD-DA (Avimor
Planned Development
Future Subdivision
East of site
Foothills Residential
with a development
Avimor Boise County
agreement)
Phase 2 West)
APD-DA (Avimor
Vacant Land
West of site
Foothills Residential
Planned Development
with a development
(Designated For Future
agreement)
Re -Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
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H. SITE DATA:
Total Acreage of Site — 313.00
Total Number of Lots — 375
Total Number of Units -
Residential — 337 [(39) in Gem County [(39) SF3], (258) in
Boise County [(23) ER, (161) SF1, (50) S172, and (24) S173], and
(32) in Ada County [(32) S173]]
Commercial - 11 [(11) in Ada County]
Industrial — 0
Common — 27
Single-family — 337
Single-family attached — 0
Two-family — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 78-acres [Conservation Open Space]
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KAPlanning DeptTagle Applicatiiow\Avimor\Applications\02-Sub Area No 1\02-Plats\01-McLeod No. 1\01-Preliminary Plat\03-Working Files\04-City Council\Avimor-McLeod No. 1 Sub -
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Additional Site Data I Proposed I Required
Dwelling Units Per Gross Acre
Minimum Lot Area
Minimum Lot Width
Total: 1.07 du/ac
Estate Residential (ER): 10,870
square feet
Single Family Detached 1
(SF 1): 8,180 square feet
Single Family Detached 2
(SF2): 6,125 square feet
Single Family Detached 3
(SF3): 4,500 square feet
45-feet
Estate Residential (ER): 5
du/ac, max.
Single Family Detached 1
(SF 1): 6 du/ac, max.
Single Family Detached 2
(SF2): 9 du/ac, max.
Single Family Detached 3
(SF3): 10 du/ac, max.
Total - SAP No. 1: 1.08
du/ac
Total - Avimor: 0.50 du/ac
max
Estate Residential (ER):
8,500 square feet
Single Family Detached 1
(SF1): 6,500 square feet
Single Family Detached 2
(SF2): 4,500 square feet
Single Family Detached 3
(SF3): 3,000 square feet
N/A
I Minimum Street Frontage 120-feet I N/A V
Total Acreage of Common Area Open
Space
Percent of Site as Open Space:
171.00-acres common area
open space (plus 78.00-acres of
dedicated conservation open
space)
54.6%
62.60-acres common area
open space (plus 78.00-
acres of dedicated
conservation open space)
20% (minimum within the
preliminary plat)
50% (for the overall
Avimor Development)
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I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
North Crowfoot Road, West McLeod Way, and East Pfannmuller Street are identified as collector
roads and require a minimum of an 8-foot-wide landscape buffer, pursuant to Eagle City Code
Section I IB-3-7(2)(a).
West McLeod Way and the portion of North Crowfoot Road that is south of North McLeod Way
where the streets are adjacent to the Highway Mixed Use (HMU) lots, the developer may
designate them as "Urban Streets". In these instances the developer may include an attached 9' -
0"W sidewalk with curb -adjacent tree wells or a 5'-0"W to 8'-0"W landscape buffer with a
detached 5'-0"W to 8'-0"W sidewalk, pursuant to Eagle City Code Section I IB-3-7(3).
Open Space:
The preliminary plat designates twenty-seven (27) open space common lots totaling (171.00-
acres). Those (2) open space lots consist of twelve (12) Community Open Space lots (4.07-acres)
and one (1) Regional Open Space lots (11.64-acres). The total open space accounts for 54.6% of
the total area associated with the preliminary plat.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so
graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff
shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section I IB-I ID-8 requires utility easements to be not less than 10 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On -site Septic System:
On -site septic systems are not contemplated as part of this application. All commercial and
residential dwellings will connect to central services through the Avimor Water Reclamation
Company (AWRC).
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
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J. STREET DESIGN:
Public Streets:
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RESIDENTIAL STREET C_R_O_SS SECTION
�/ ,LOCALCMENTS
CLOR DR
14ARDOCK DR
GENEVIEVE WAY
CLEAVER ST
LOMELa ST
ENGLAND WAY'
WYCHE PL
N
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BRENDA ST
No private streets (defined as privately owned and maintained with no public access) are
proposed within this preliminary plat application, however all streets within Boise County and
Gem County within the Avimor development will be designed and constructed pursuant to the
requirements of the Ada County Highway District (ACHD), but the streets are to be maintained
by the Avimor Home Owners Association, Avimor Road Maintenance Association (ARMA), or
its assigns, pursuant to the respective Gem County and Boise County Road Maintenance
Agreements. All streets within the subject property will be publicly accessible.
Blocks Less Than 500':
No blocks less than 500-feet in size are proposed within this application.
Cul-de-sac Design:
Wyche Place: One (1) cul-de-sac is proposed; approximately 686-feet in length with a 50.5-foot
radius and 10-foot radius planter island.
Corliss Way: One (1) cul-de-sac is proposed; approximately 170-feet in length with a 50.5-foot
radius and 10-foot radius planter island.
Ajay Street: One (1) cul-de-sac is proposed; approximately 229-feet in length with a 50.5-foot
radius and 10-foot radius planter island.
Genevieve Way: One (1) cul-de-sac is proposed; approximately 1,120-feet in length with a 50.5-
foot radius and a 10-foot radius planter island.
Sidewalks:
The Collector Street (#1) cross section shown on the preliminary plat shows a 57.5-foot-wide
right of way inclusive of detached 10-foot-wide sidewalks with 8-foot-wide planter strips on both
sides of the 37' wide Collector Street Section.
The Collector Street (#2) cross section shown on the preliminary plat shows a 57.5-foot-wide
right of way inclusive of a detached 10-foot-wide sidewalk with an 8-foot-wide planter strip on
one side of the 37-foot-wide Collector Street Section and a drainage swale on the other side.
The Collector Street (0) cross section shown on the preliminary plat shows an 86-foot-wide right
of way inclusive of a 12-foot-wide center median, a detached 10-foot-wide sidewalk with an 8-
foot-wide planter strip on one side of the separated 42-foot-wide Collector Street Section and an
18-foot-wide buffer on the other side.
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The Local Residential Street (#4) cross section shown on the preliminary plat shows a 56-foot-
wide right of way inclusive of 5-foot-wide sidewalks with 8-foot-wide planter strips on both sides
of the 29-foot-wide Local Residential Street Section and an 18-foot-wide planter on the other
side.
The Local Residential Street (#5) cross section shown on the preliminary plat shows a 44.5-foot-
wide right of way inclusive of a 5-foot-wide sidewalk with an 8-foot-wide planter strip on one
side of the 29-foot-wide Local Residential Street Section and a drainage Swale on the other side.
The Local Residential Street (#6) cross section shown on the preliminary plat shows a 72.5 -foot-
wide right of way inclusive of a 12-foot-wide center median, detached 5-foot-wide sidewalks
with 8-foot-wide planter strips on both sides of the separated 42-foot-wide Local Residential
Street Section.
The Local Residential Street (#7) cross section shown on the preliminary plat shows a 44.5-foot-
wide right of way inclusive of a 5-foot-wide sidewalk with an 8-foot-wide planter strip on one
side of the 29-foot-wide Local Residential Street Section and a drainage swale on the other side.
The typical cul-de-sacs street section shows a 56-foot-wide right of way inclusive of an attached
5-foot-wide sidewalk adjacent to the Local Street Section.
Curbs and Gutters:
Curbs and gutters, which meet the required standards of the Ada County Highway District, the
Boise County Road Mitigation Agreement, or the Gem County Road Mitigation Agreement,
respectively, are proposed for the interior streets.
Lighting:
Lighting for the proposed public streets is required pursuant to Eagle City Code 1113-3-9.
Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be
provided to the City Zoning Administrator prior to the submittal of the final plat. Any
modifications made to the lighting shall be completed before the final plat approval.
Street Names:
Street names should be approved by the respective county -specific street naming entity, prior to
submittal of a final plat application.
K. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
The applicant is proposing a ten -foot wide (10'W) concrete pathway on the southern/western side
of the entire North Crowfoot Road section providing connection from the Avimor Boise County
Phase 2 West subdivision to future development in the north.
The applicant is proposing a ten -foot wide (10'W) concrete pathway on the north side of the
entire North McLeod Way road section providing connection from the Avimor Boise County
Phase 2 West subdivision to future development in the west.
The applicant is proposing an eight -foot wide (8'W) pathway that transects lots 705, 706, and
707, providing connection from Brenda Street to Genevieve Way.
The applicant is proposing an eight -foot wide (8'W) pathway that transects lot 805, providing
connection from North Crowfoot Road to Genevieve Way.
The applicant is proposing an eight -foot wide (8'W) pathway that transects lot 810, providing
connection from the Avimor Boise County Phase 2 West to North Lily Anne Avenue.
L. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the
public.
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M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map that reflects public uses for future acquisition currently exists.
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — There are no areas of critical environmental concern,
as noted within the environmental evaluation report submitted with the preliminary plat
application.
Evidence of Erosion — There is no evidence of erosion
Fish Habitat — None within the application specific subject property.
Floodplain — None within the application specific subject property.
Mature Trees — None identified within the application specific subject property.
Riparian Vegetation — There is regionally valuable riparian and riverine habitat associated with
Willow Creek located on the north side of the development. The development plan indicates a
crossing of Willow Creek which will require coordination with the U.S. Army Corps of Engineers
to obtain proper permitting for the crossing. An Approved Jurisdictional Determination (AJD) has
been developed and is in internal review prior to being submitted to the Army Corps. Avimor
Development and subject -matter -experts will move forward with the Army Corps to obtain any
necessary permitting, as appropriate.
Steep Slopes — Yes — Natural slopes exceed 25% at various locations. Slopes have been evaluated
through the Mass Grading review and are addressed in the hillside and grading standards within
the Avimor Grading Guidelines and Hillside Development Standards.
Stream/Creek — Yes, the subject property abuts Willow Creek. Coordination with the U.S. Army
Corps of Engineers will be needed for any anticipated impacts associated with the crossing of
Willow Creek. If Willow Creek is determined to be jurisdictional waters, as defined by the Clean
Water Act, a Section 404 permit will be needed for any actions resulting in impacts to the creek,
creek edge, or associated vegetation within the delineated area.
Unique Animal Life — None identified within the required environmental evaluation report
submitted with the preliminary plat application.
Unique Plant Life — None, pursuant to the required environmental evaluation report submitted
with the preliminary plat application.
Unstable Soils — None currently identified.
Wildlife Habitat — Yes
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The subject property is located in the Snake River Basin Level III ecoregion, which is
characterized by its semi -arid climate, shrub- and grass -covered foothills, and sandy alkaline
soils. The average precipitation ranges between 10-15 inches annually on average while average
temperatures can range between 25°F and 92°F. The subject property is currently made up of
undeveloped uplands that have been used for rangeland and recreational activities (hiking, biking,
equestrian use). The proposed development is clustered to preserve open space and connectivity.
A weed management plan is in place, focusing on controlling whitetop and poison hemlock.
There were no Endangered Species Act (ESA) -listed species or culturally sensitive sites found
and surveys found no Aase's Onion plants in the area. Planned open space will protect potential
habitat.
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P. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health
Eagle Fire Department
Idaho Transportation Department
Q. CITY ENGINEER RECOMMENDATION:
On February 12, 2025, the City Engineer recommended approval of this application with
conditions of approval. The conditions of approval are provided within the engineer's letter dated
February 12, 2025, (attached).
R. EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION (PPRC)
RECOMMENDATION:
On September 19, 2024, the PPRC recommended approval of the Sub -Area Plan (SAP) No. 1
application for Avimor with conditions of approval. The conditions of approval are provided
within the PPRC's memo, dated September 13, 2024, are included within.
LETTERS FROM THE PUBLIC: No letters from the public regarding the public hearing for this
application have been received to date.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant's narrative states their desire to begin grading in late 2024 with grading being
complete in 2026 (the grading pre -construction meeting was held on January 13, 2025). The
work is anticipated to include a crossing of Willow Creek and a new right -in / right -out controlled
access onto State Highway 55. Once grading and infrastructural improvements are complete, the
planned build out of this phase would range from 150-300 dwelling units per year, along with
commercial development as the market demands.
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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
6.3 Land Use Designations
The Comprehensive Plan designates this site as:
Foothills Residential
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 overall density 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. Units should be arranged in accordance with the transect plan as
described in the Foothills planning area.
6.14 Land Use Sub Area:
The Comprehensive Plan designates this site to be located within the North Eagle
Foothills Planning Area.
B. SUB -AREA PLAN (SAP) PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
See Sub -Area Plan (SAP) No. 1 for Avimor, City Council findings of fact and conclusions of law,
dated January 14, 2025.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
0 Eagle City Code Section I IB-2-2: Master Land Use Map and Districts:
B. Mixed Use/Commercial District: The Mixed Use/Commercial District provides a variety
of retail, commercial, residential and employment opportunities for Avimor and area
residents. As described in Table 2.2, the allowed Sub -Use Districts in the Mixed
Use/Commercial District include: Highway Mixed Use (HMU), Medium Density Multi -
Family (MF2), Mixed Use (MU), Community Commercial (CC) and Neighborhood
Commercial (NC). Mixed Use Districts will accommodate office, Flex Space, light
Manufacturing, Research and Development, shopping, business, lodging, professional
and support commercial services, primary, secondary and higher educational facilities,
parks and recreation facilities, Vineyards and wineries, and residential uses. The HMU
Sub -Use District is designed to provide highway -oriented businesses as well as similar
and more intensive uses than the MU Sub -Use District. Commercial Sub -Use Districts
are intended to provide commercial facilities designed for use by community or area
residents that will provide most of the daily and weekly support services that residents
require on a regular basis.
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C. Foothills Residential District: The Foothills Residential District provides for residential
neighborhood uses and supportive Accessory Uses such as Farmers' Markets, Schools,
Vineyards, Community Centers and other complementary uses. As described in Table
2.2 allowed Sub -Use Districts in the Foothills Residential District include Estate
Residential (ER) and Rural Residential (RR).
D. Village Residential District: The Village Residential District provides residential
neighborhoods with a range of Lot sizes and housing types depending on location, site
conditions, and market influences to create a community that emphasizes housing
diversity. As described in Table 2.2, the allowed Sub -Use Districts in the Village
Residential District include: Single -Family Detached (SF1, SF2, S173) and Low -Density
Multi -Family (NEI).
F. Open Space District: Open Space Sub -Use Districts consist of Community Open Space
(COS) and Regional Open Space (ROS) districts. Community Open Space and Regional
Open Space are allowed within any Land Use District.
Community Open Space: Community Open Space is land set aside for recreation,
Agriculture, habitat, vegetation, scenic, or similar uses and is intended to primarily
serve Avimor residents. Community Open Space may include public, semi-public,
and private recreational facilities, amphitheaters, Golf Courses, Pathways and Trails,
landscape zones in and adjacent to major roadways including areas outside of a
dedicated Right -of -Way, greenbelts, cultural, community, educational, and quasi -
public facilities, Equestrian Centers, and trailheads, as well as parks, playfields and
Natural Open Spaces. Agricultural uses, such as Vineyards, wineries and plant
nurseries, are considered Community Open Space. Facilities and tracts of land
owned by the Owners' Association are also considered Community Open Space.
• Eagle City Code Section I IB-2-4: Setbacks and General Lot Development Standards:
Table 2.2 Sub -Use District Dimensional Standards:
Foothills Residential:
• (ER) Estate Residential:
Minimum Lot Area: 8,500-square feet
Maximum Lot Coverage: 40%
Minimum Setbacks:
■ Front Garage: 20-feet
■ Side Garage: 15-feet
■ Front Living: 15-feet
■ Interior Side: 5-feet
■ Street Side: 15-feet
■ Rear:20-feet
Maximum Height: 40-feet
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Village Residential:
• (SF1) Single -Family Detached (Except for Lots 27-29 and 51-63):
Minimum Lot Area: 6,500-square feet
Maximum Lot Coverage: 50%
Minimum Setbacks:
■ Front Garage: 20-feet
■ Side Garage: 10-feet
■ Front Living: 10-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:20-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
• (SF1) Single -Family Detached (Lots 27-29 and 51-63):
Minimum Lot Area: 6,500-square feet
Maximum Lot Coverage: 50%
Minimum Setbacks:
■ Front Garage: 20-feet
■ Side Garage: 10-feet
■ Front Living: 10-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:25-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
• (SF2) Single -Family Detached:
Minimum Lot Area: 4,500-square feet
Maximum Lot Coverage: 60%
Minimum Setbacks:
■ Front Garage: 18-feet
■ Side Garage: 10-feet
■ Front Living: 10-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:20-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
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• (SF3) Single -Family Detached:
Minimum Lot Area: 3,000-square feet
Maximum Lot Coverage: 70%
Minimum Setbacks:
■ Front Garage: 18-feet
■ Side Garage: 8-feet
■ Front Living: 8-feet
■ Interior Side: 3-feet
■ Street Side: 10-feet
■ Rear: 10-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
Village Residential:
• (HMU) Highway Mixed Use:
Minimum Lot Area: 10% of the site
Maximum Lot Coverage: 100% of the site
Minimum Setbacks:
■ Front: 15-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:10-feet
Maximum Height: 58-feet
Notes:
1. In the ER and SF Sub -Use Districts, the rear Setback may be reduced to fifteen (15) feet
if the rear property line is adjacent to Open Space that is a minimum of fifty (50) feet
wide. In the SF2 Sub -Use District, the rear Setback may be reduced to ten (10) feet if the
same condition exists.
• Eagle City Code Section 11B-3-7: Landscape and Buffer Area Requirements:
2. Collector Streets:
a. The landscape buffer for collector streets shall be eight feet (8') minimum See Exhibit
3.5 for example;
b. A detached sidewalk shall be provided on both sides of the street at least five feet (5')
from the back of curb. The sidewalk shall be a minimum of five feet (5') wide and
may or may not meander depending on the Streetscape concept shown on the
preliminary plat. Sidewalks may be attached to the curb in front of bus pullouts, drop-
off areas, On Street Parking areas, and similar circumstances as approved by Local
Highway Department and the City but shall be six feet (6') minimum width in such
locations. One (1) eight foot (8') wide pathway is allowed, in lieu of sidewalks, on
either side of the road;
c. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape.
These areas shall be reseeded back to their natural state; and
d. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along collector streets:
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(1) One (1) tree per eighty (80) linear feet of street frontage on each side of the
street, except next to single-family residential uses where there shall be one (1)
tree per sixty (60) linear feet.
(2) One (1) shrub/ground cover per one hundred (100) s.f. of buffer area (excluding
sidewalks, drives and other Hardscape areas). Turf may be used in place of
shrubs/ground covers, but the amount used shall not exceed twenty-five percent
(25%) of the landscape area on a plat by plat or phase by phase basis.
Exhibit 3.5
I IF_-
Mn
Attached .e....
COLLECTOR STREETS
Se0wNF4vew'-
3. Urban Streets:
8o � Min
Sidewalk payed
SaAwwk op"Y'
a. Urban streets may be arterials, collectors or local streets, or stretches thereof, which
are located in the VC Land Use District and the HMU, MU, CC and NC Sub -Use
Districts;
b. Urban streets shall have an attached or detached sidewalk on both sides of the street.
The sidewalk shall be a minimum of nine feet (9') wide if attached and a minimum of
five feet (5') wide with a minimum five-foot (5') landscape buffer if detached. One
eight foot (8') pathway may be implemented in lieu of sidewalks on either side of the
road;
c. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape.
These areas shall be reseeded back to their natural state;
d. Trees may be planted in planter beds, tree grates or silva cells;
e. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along urban streets:
(1) One (1) tree per sixty (60) linear feet of street frontage (excluding driveways) on
each side of the street. For urban streets with center planted medians, a total of
one (1) tree per forty (40) linear feet of roadway.
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Exhibit 3.6
Mn aeroecka. Le'' r -V AW i _ Spa
SOWWOR lr[d�c�p
OWcAoa L Pavenwo AIM ANSOW
s4ow" Opbw same& OpkA
URBAN STREETS
4. Local Residential Streets:
a. There shall be a minimum five-foot (5') wide landscape buffer for local residential
streets were detached sidewalks are located. Trees shall not be planted in landscape
buffers unless the buffer is a minimum six feet (6) wide. Trees planted in landscape
buffers at six feet (6) in width require root barriers to be installed. No root barrier is
required when the landscaped buffer exceeds eight feet (8') in width. The minimum
Setback for local streets (both public and private) in multi -family residential uses shall
correspond to the Setbacks identified in Chapter 2, Land Use Standards, Table 2.2;
b. An attached or detached sidewalk shall be provided on both sides of the roadway,
unless the City waives the requirement per the below conditions, as shown on example
Exhibit 3.7 below:
c. The sidewalk shall be a minimum of five feet (5') wide and may or may not meander
depending on the Streetscape concept. The sidewalk requirement may be waived as
part of the preliminary plat approval in one of the following conditions;
(1) A single -loaded street adjacent to a slope (sidewalk shall be required on the
loaded side only);
(2) A double -loaded street in a hillside area where topographic constraints allow
sidewalk on one side of the street only to minimize grading;
(3) A Single Family Special Lot (SFSL) neighborhood Plat as detailed in
Section 11 B-2-5 of this Title (sidewalk shall be required on at least one side of
the street);
(4) Low Density (one (1) acre and larger Lots) neighborhoods (sidewalk requirement
may be waived entirely where a striped four -foot (4') wide shoulder is provided);
and
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Exhibit 3.7
(5) One eight -foot (8') pathway is allowed in lieu of sidewalks on either side of the
road.
d. Landscape buffers adjacent to Natural Open Space shall not be irrigated landscape.
These areas shall be reseeded back to their natural state.
e. The following plant material shall be provided, at a minimum, within the limits of the
buffer area along local streets:
(1) One (1) shade class (class II or class III) selected from the approved tree list in
I IB-3-7 W of this Section shall be located on all streets with a landscape strip
between the sidewalk and the curb. If the sidewalk is attached, then the tree shall
be planted a minimum five feet (5') in back of the sidewalk. Trees shall be
planted at the front of each Lot generally located on each side of the Lot line
corner with the distance between trees to be a minimum of thirty-five feet (35')
and a maximum of eighty feet (80') of street frontage.
V 1
S'-O 5'-0- Mn 5•.p- Sou Ldnd Usu
Sattxdc � s
Detached Pevemorrl Men Alfael>s•�r.1�....''
slpe'.wok Opp*"S+dvwa k ckpwi l
LOCAL RESIDENTIAL STREETS
3e"WrIef levatmon
5. Foothills Collector:
a. No landscape buffers are required.
b. The Setbacks from a for Foothills Collector Street section shall be twenty feet (20')
minimum except adjacent to single-family residential uses where the minimum
Setback shall be forty-five feet (45'). See Exhibit 3.8.
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Exhibit 3.8
PAW Cri..1--
6. State Highway 55: The required Setback from Highway 55 shall be twenty-five feet (25')
with a ten foot (10') high berm to residential uses; and twenty feet (20') Setback to
commercial uses.
Eagle City Code Section 11B-3-7(T): Alternative Methods Of Compliance:
Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance
is a procedure that allows certain modifications to existing regulations within this
Chapter. Requests for use of alternative landscaping schemes are justified only when one
or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped Parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
• Eagle City Code Section 11B-3-9: Lighting:
A. General:
1. Street lighting will be restricted to intersections, in public parking areas, and
specified public places in the Village Center Land Use District. All other districts
shall not require lighting at these locations or others. All such lighting shall be
controlled to prevent spillage and glare in accordance with Dark Sky standards.
5. Building light fixtures shall be designed or selected to be architecturally compatible
with the main structure, which should complement the theme of the surrounding area.
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8. Landscape lighting shall be low -voltage only and controlled with an electric clock or
photocell device. Light sources must be shielded from view with perimeter
landscaping providing a 12-month screen of sufficient height and Density to conceal
such fixtures. Controller equipment must be located in a discreet location or screened
from view from the street or adjacent property.
9. Exterior lighting design shall promote Dark Sky principals.
E. Pathway/Trail Area Lighting:
1. To facilitate Dark Sky principles, Pathways and Trails shall not be lit except within
the VCOM Sub -Use District.
2. Allowed pathway and lighting shall consist of only two (2) lighting types: (i) pole
lights; and (ii)bollard lights in compliance with Dark Sky standards. Bollard lighting
shall be restricted 32" to 44" in height.
A. Dark Sky:
1. All lighting within Avimor shall comply with the following:
a. Provide shielded down -lighting of the patio and plaza areas to promote safety;
b. Street lighting will be limited to intersections, along the Village Commercial
areas, in public parking areas. All such lighting shall be controlled to prevent
spillage and glare;
c. Pedestrian areas, patios, sidewalks, and Building entrances within the non-
residential areas, should be adequately lit to provide safety and security;
d. Lighting shall be limited to the Building area;
e. Recessed down -lights are encouraged at entries and patios. Surface -mounted
light fixture shall have shielded light sources with bulbs or tubes not directly
visible. Wall or eave mounted floodlights, including motion -sensor lighting, are
prohibited;
f. Skylights are very useful in conserving energy, but they can provide
objectionable light spillage and glare in the night sky. Skylights are allowed on
residential Units, but they must ensure they are not unsightly and do not cause
undue light spillage;
g. Permanent blinking, flashing lights, and exposed neon lighting used to illuminate
Building facades or to outline Buildings are prohibited;
h. Parking Lot lighting should be designed to have a minimal effect on surrounding
properties and Buildings. Lighting should be directed downward to minimize
glare, and light intensity should be of satisfactory quality to ensure visibility,
safety, and security;
i. Landscape lighting shall be low -voltage only and must be shielded from view;
j. Business signage shall avoid glare or visual interference for vehicular and
pedestrian safety; and
k. Energy efficiency and low wattage, high life lighting is encouraged. (Ord. 895, 4-
25-2023)
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C. LAND SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section I IB-11C4: Easements:
A. Unobstructed utility easements, where required, shall be provided along front lot lines,
rear lot lines and/or side lot lines not to exceed the required Setbacks.
B. Unobstructed Drainageway Easements shall be provided in conjunction with the utility
easement alongside lot lines or as required by the Council. Total easement width,
including the utility easement, shall not be less than ten feet (10% except that lesser
easement widths, to coincide with respective Setbacks, may be considered as part of the
Plat.
C. All -natural drainage courses shall be left undisturbed or be improved in a manner which
will improve the hydraulics and ease of maintenance of the Channel. (Ord. 895, 4-25-
2023)
• Eagle City Code Section 1113-11C-5: Planting Strips and Reserve Strips:
Planting strips and Reserve Strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as Highways, commercial or industrial uses to screen
the view from residential properties and to provide noise mitigation for those residents.
Such planting strips/buffer areas shall be as required by Chapter 3 of this Title. The
landscape strip/buffer area shall not be a part of the normal Street right of way and shall
comply with all landscape/buffer area requirements within Chapter 3 of this Title.
• Eagle City Code Section 11B-11C-6: Public Sites and Open Spaces:
B. Open Space: The minimum amount of Open Space that must be set aside
for Open Space within Avimor shall be as follows: For every two (2) acres of developed
land within each Preliminary Plat (excluding Developed Open Space areas), the Master
Developer will place one (1) acre of unfragmented habitat land, which may be owned
and/or controlled by a third party. The Master Developer has already set aside 640 acres
of unfragmented habitat land adjacent to the Avimor development area in a permanent
conservation easement-400 acres provide habitat mitigation for the entire Village One
Area in accordance with original Ada County approvals; 240 acres will offset developed
acres in future Preliminary Plats within Avimor. With each Preliminary Plat, the Master
Developer will designate Open Space areas that equal or exceed 20% of the developed
land within the Preliminary Plat. By full build out, Avimor will include
total Open Space areas that equal or exceed 50% of the Avimor acreage overall. The 20%
per Preliminary Plat and 50% overall Open Space requirements may be satisfied with
designated improved or unimproved Open Space areas within Avimor together with all
lands placed into a permanent Open Space.
Eagle City Code Section I IB-I IC-8: Fences:
A. If any fencing is required, per the landscape plan, adjacent to improved Open Spaces and
on the Street side of all Corner Lots shall be an open fencing style such as wrought iron
or other similar decorative style, durable fencing material as required in Chapter 3 of this
Title. High maintenance and/or unsightly fencing shall not be permitted per Chapter 3.
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• Eagle City Code Section 1113-11D-6: Streetlights:
The Master Developer or Subdividers within Avimor shall be required to install, at the Master
Developer's or Subdivider's expense, streetlights that are not the obligation of the Local
Highway Department in accordance with specifications and standards set by Chapter 3 of this
Title. After installation and acceptance by the Administrator, the homeowners' association
shall pay the cost of maintenance and power and assume ownership of the streetlights that are
not the obligation of the Local Highway Department. (Ord. 895, 4-25-2023)
• Eagle City Code Section 1113-11D-8: Underground Utilities:
Underground utilities are required. (Ord. 895, 4-25-2023)
• Eagle City Code Section 11B-I ID-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire department
standards. (Ord. 895, 4-25-2023)
• Eagle City Code Section 1113-11D-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with Section I IB-3-7 this Title, shall be required for
the protection of residential properties from Streets classified as collectors, arterials,
freeways/expressways, waterways, or other features. Subdivision plats shall show the location
of all buffer areas. (Ord. 895, 4-25-2023)
• Eagle City Code Section 11B-11E-3: Hillside Subdivisions:
All Hillside Subdivision developments in Avimor shall proceed in accordance with the
Avimor Grading Guidelines and Hillside Development Standards. (Ord. 895, 4-25-2023)
D. DISCUSSION:
Eagle City Code Section IIB-IID-12 states, in part, that "Landscape buffer areas, in
accordance with Section 11 B-3-7 this Title, shall be required for the protection of residential
properties from Streets classified as collectors, arterials, freeways/expressways, waterways, or
other features. Subdivision plats shall show the location of all buffer areas. The landscape
strip/buffer area shall not be a part of the normal Street right of way and shall comply with all
landscape/buffer area requirements within Chapter 3 of this Title." As referenced within Eagle
City Code Section IIB-11D-12, IIB-3-7(6) states, "the required setback from Highway 55
shall be twenty-five feet (25') with a ten foot (10') high berm to residential uses; and twenty
feet (20') Setback to commercial uses." The applicant has proposed thirteen (13) SF1 lots
immediately adjacent to the State Highway 55 right-of-way (Lots 51-63 within Boise County)
that does not include the stated ten -foot (10') high berm (1113-3-7). The applicant has stated
that the existing conditions of this area of the development, specifically the substantial hillside
within the ITD right of way that separates the paved highway section from the proposed
development in this location provides substantial physical separation and sound buffering
between the proposed residential lots and the highway. As a result, the proposed plat does not
include an additional ten -foot (10') high berm between lots 51-63 and State Highway 55. The
applicant is requesting Council's approval of an alternative method of compliance to deviate
from 11B-3-7(6) to not require the ten -foot (10') high berm since the natural hillside provides
a berm that is in excess of the requirement.
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View of the existing hillside along the west side of SH-55 towards Lots 51-63
If Council chooses to approve the alternative method of compliance, the applicant should not
be required to revise the preliminary plat to include a ten -foot (10') high berm. If Council
chooses not to approve the requested alternative method of compliance, the applicant should
be required to revise the preliminary plat to include a ten -foot (10') high berm between the
State Highway 55 right of way and Lots 51-63.
• Eagle City Code Section I IB-2-4: "Setbacks and General Lot Development Standards"
provides the following minimum setback requirements for the proposed Land Use Districts:
Foothills Residential:
• (ER) Estate Residential:
Minimum Lot Area: 8,500-square feet
Maximum Lot Coverage: 40%
Minimum Setbacks:
■ Front Garage: 20-feet
■ Side Garage: 15-feet
■ Front Living: 15-feet
■ Interior Side: 5-feet
■ Street Side: 15-feet
■ Rear:20-feet
Maximum Height: 40-feet
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Village Residential:
• (SF1) Single -Family Detached:
Minimum Lot Area: 6,500-square feet
Maximum Lot Coverage: 50%
Minimum Setbacks:
■ Front Garage: 20-feet
■ Side Garage: 10-feet
■ Front Living: 10-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:20-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
• (SF2) Single -Family Detached:
Minimum Lot Area: 4,500-square feet
Maximum Lot Coverage: 60%
Minimum Setbacks:
■ Front Garage: 18-feet
■ Side Garage: 10-feet
■ Front Living: 10-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:20-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
• (SF3) Single -Family Detached:
Minimum Lot Area: 3,000-square feet
Maximum Lot Coverage: 70%
Minimum Setbacks:
■ Front Garage: 18-feet
■ Side Garage: 8-feet
■ Front Living: 8-feet
■ Interior Side: 3-feet
■ Street Side: 10-feet
■ Rear: 10-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
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Village Residential:
• (HMU) Highway Mixed Use:
Minimum Lot Area: 10% of the site
Maximum Lot Coverage: 100% of the site
Minimum Setbacks:
■ Front:l5-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:10-feet
Maximum Height: 58-feet
11B-2-4 states, "In the RR, ER and SF1 Sub -Use Districts, the rear Setback may be reduced
to fifteen (15) feet if the rear property line is adjacent to Open Space that is a minimum of
fifty (50) feet wide. In the S172 Sub -Use District, the rear Setback may be reduced to ten (10)
feet if the same condition exists."
The Sub -Area Plan No. 1, submitted May 9, 2024 and resubmitted on September 3, 2024, was
evaluated by the City of Eagle's Parks, Pathways, and Recreation Commission on September
19, 2024. The Commission recommended general approval of the community pathway
network and open space design within the Sub -Area Plan No. 1 which includes the subject
property as a portion of that larger Sub -Area Plan approval. The Commission also determined
that pathway, trail and open space recommendations for future plat applications contained
within that larger Sub -Area Plan would be submitted to Planning and Zoning staff for review.
Staff has reviewed the proposed plan and determined the submitted Parks, Pathways, and
Facilities Map, dated August 2024 to be in substantial conformance with the approved Sub -
Area Plan No. 1.
The Avimor Habitat Mitigation Plan (HMP) states that the primary tool used to mitigate
development -related impacts within the Avimor Development area will be the conservation
of natural open space. Section 6.1.2, page 68 states "For every two (2) acres of developed
land within each Preliminary Plat (excluding Developed Open Space areas), the Master
Developer will place one (1) acre of unfragmented habitat land, which may be owned and/or
controlled by a third party. " The Master Developer has already set aside 640 acres of
unfragmented habitat land adjacent to the Avimor development area in a permanent
conservation easement (Map 1) — 400 acres provide habitat mitigation for the entire Village
One Area in accordance with original Ada County approvals; 240 acres will offset developed
acres in future Preliminary Plats within Avimor. With each Preliminary Plat, the Master
Developer will designate Open Space areas that equal or exceed 20% of the developed land
within the Preliminary Plat. By full build out, Avimor will include total Open Space areas
that equal or exceed 50% of the Avimor acreage overall. The 20% per Preliminary Plat and
50% overall Open Space requirements may be satisfied with designated improved or
unimproved Open Space areas within Avimor together with all lands placed into a permanent
Open Space.
Based on geospatial features provided by Avimor, the 313-acre McLeod Subdivision No. 1
Preliminary Plat proposes approximately 156 acres of development and 157 acres of
developed open space. To meet the requirement for open space conditions presented in the
HMP, the Plat would require 78 acres of unfragmented open space, which is not present in
the Plat plan. Therefore, 78 acres will be used from the permanent conservation easement
located east of SH-55 (Map 1) leaving 162 remaining acres to be used to offset developed
acres in future Preliminary Plats within Avimor.
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• Staff has evaluated the proposed preliminary plat in relation to the approved Sub -Area Plan
(SAP) No. 1, in terms of sub -zoning designations, density, road configurations, pathways and
trails, open space provisions, and required infrastructure improvements. Considering the
aforementioned items, it is staff s opinion that the proposed plat is in substantial conformance
with the approved SAP No. 1.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
February 18, 2025, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
COMMISSIONS DELIBERATION:
Upon closing the public hearing, the Commission made a motion based on upon the information provided
by staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 01:03:49):
https://ea lg e-id.granicus.conVplayer/clip/2035
COMMISSIONS DECISION:
The Commission voted 5 to 0 to recommend approval of PP-2024-03 for a preliminary plat for McLeod
No. 1 Subdivision with the site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document dated March 3, 2025.
PUBLIC HEARING OF THE COUNCIL:
A public hearing on the application was held before the City Council on March 25, 2025, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
A. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/ representative).
B. Oral testimony in opposition to the application was presented to the City Council Commission by no
one.
C. Oral testimony neither in favor of or in opposition to the application was presented to the City
Council by one (1) individual who indicated that:
• Heavy truck traffic enroute to the subject property, which is located off of State Highway 55, may
utilize streets such as Beacon Light Road to access the property.
COUNCILS DECISION:
The Council voted 3 to 0 (Gindlesperger absent) to recommend approval of PP-2024-03 for a preliminary
plat for McLeod No. 1 Subdivision with the following site specific conditions of approval and standard
conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement (Ada County Instrument #2023-
044295, Boise County Instrument #283623, and Gem County Instrument #346534) for rezone
application RZ-06-22.
2. Comply with all conditions of the approved Sub -Area Plan (SAP) No.1 application SAP-2024-01.
3. Comply with all requirements of the mass grading permit associated with McLeod Subdivision
No. 1 (GP-2024-01).
4. Comply with all requirements of the City Engineer.
5. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City, whichever occurs first.
6. The rear yard setbacks for the SF1 Lots 27-29 and 51-63 shall include an increased rear yard
setback of an additional 5-feet (5') and be as follows:
Minimum Lot Area: 6,500-square feet
Maximum Lot Coverage: 50%
Minimum Setbacks:
■ Front Garage: 20-feet
■ Side Garage: 10-feet
■ Front Living: 10-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:25-feet
■ Alley Garage: 5-feet
Maximum Height: 35-feet
All other SF1 lots shall be pursuant to Table 2.2 within the Setbacks and General Lot
Development Standards as stated within Eagle City Code Section 11B-2-4.
7. Upon approval of this application, seventy-eight (78) acres shall be considered consumed from
the Permanent Conservation Easement located east of SH-55 leaving 162 remaining acres to be
used to offset developed acres in future preliminary plats within Avimor.
8. All living trees shall be preserved, unless otherwise determined by the Design Review Board and
the City Council. A detailed landscape plan showing how the trees will be integrated into the
open space areas or private lots (unless approved for removal by the City Council) shall be
provided for City Council final approval prior to the submittal of a final plat. Construction
fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees
that are to be preserved, prior to the commencement of any construction on the site.
9. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-
foot-wide concrete sidewalk and the curb, unless otherwise approved with the plat. Any and all
drainage swales and/or seepage beds shall be placed so as to not interfere with the required
placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either
install the required trees, sod, and irrigation or provide the City with a letter of credit or surety
bond for 150% of the cost of the installation of all landscape and irrigation improvements. Trees
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shall be installed prior to obtaining any occupancy permits for the homes within that phase. A
temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed, including street
trees that have been installed. On -going surety for street trees for all undeveloped portions of the
development will be required through project completion.
10. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way (for development within Ada County) abutting and within this site
prior to approval of a final plat (ECC I IB-I IC-1).
11. Where fencing is required adjacent to improved open spaces and on the street side of all corner
lots, the fencing shall be an open fencing style such as wrought iron or other similar decorative
style, durable fencing material as required in Eagle City Code Section I IB-3.
12. The Avimor McLeod Subdivision No.l shall remain under the control of one Homeowners
Association.
13. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association or the Avimor
Water Reclamation District.
14. The applicant shall provide CC&Rs that the Homeowner's Association or Avimor Water
Reclamation District shall have the duty to maintain the pressurized irrigation system and all
common landscape areas in the subdivision are maintained in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity.
15. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required
to install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber
Master Plan. The applicant shall conduct a pre -application meeting with the City of Eagle Fiber
Department prior to submittal of a final plat application. Upon completion of the installation of
the municipal fiber-optic conduit lines, the applicant, or the fiber optic utility contractor, shall
provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal
fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit
lines shall be dedicated to the City prior to the City Clerk signing the final plat.
16. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
17. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 8,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
■ State the days and hours in which heavy truck traffic is permitted to utilize the designated
route(s).
■ Maximize the use of highways and principal arterials while minimizing the use of local
residential streets.
■ State that compression braking is prohibited everywhere in Ada County.
■ Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted
at the time of the submittal of a final plat application.
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18. The applicant shall provide a construction -site dust control mitigation plan, which is to be reviewed
and approved by City staff, that demonstrates how dust will be mitigated on site for the duration of
demolition, grading, and construction of the development. The dust control mitigation plan is to be
utilized during the entirety of construction to the site which is to be reviewed and approved by staff
prior to the issuance of a "Notice to Proceed" with construction letter.
19. If the applicant converts the northern portion of North Lily Anne Avenue into a shared driveway, the
applicant shall ensure that the pathway within Lot 810 terminates at a public sidewalk or that a public
access easement is placed over the private driveway in perpetuity. The revised pathway alignment
shall be provided to the City prior to the submittal of a final plat application.
20. If ACHD or ITD do not accept any portions of the proposed development as right-of-way, Avimor
shall work with the appropriate County/entity to dedicate those portions of right-of-way, as
necessary, or work within the provisions of the recorded Avimor Road Maintenance Agreements, to
construct and maintain the streets that ACHD and/or ITD will not accept.
21. No private streets (defined as any street that prohibits public use), except for the fire access road,
shall be permitted within the McLeod Subdivision No. 1.
22. The applicant shall provide approval from the Eagle Fire Department to the City of Eagle stating
their approval, and any conditions of that approval, of the 29-foot-wide (29') public streets. The
applicant shall provide this approval to the City prior to the submittal of a final plat application
associated with McLeod Subdivision No. 1.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
The applicant shall comply with all requirements of the applicable highway department and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the applicable street naming committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to
the platted property. The developer may submit a letter in lieu of plans explaining why plans may
not be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat.
All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
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rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof, or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 1113-11D-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final
plat. A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will
be developed in the drainage easements. The approved drainage system shall be constructed, or a
surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing
by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to
the City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval
of the organized irrigation district, canal company, ditch association, drainage district, drainage
entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or
canal. The applicant shall submit a copy of the written approval from the irrigation entity,
drainage district, or drainage entity prior to the City Clerk signing the final plat.
13. Where required by code, street light plans shall be submitted and approved as to the location,
height and wattage to the City Engineer prior to the City Engineer signing the final plat. All
construction shall comply with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
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or homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by
the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or Eagle City Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks,
Pathways, and Recreation Commission prior to approval of the final plat by the City Council.
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21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the
City Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
27. Basements in homes in the floodplain are prohibited.
28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall
be complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
29. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
30. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 11B-I IF-4(2).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The
financial guarantee shall be a Letter of Credit, Certificate of Deposit, Surety Bond, cash deposit
or certified check.
31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years
following City Council approval the preliminary plat application shall be null and void, unless a
time extension is granted by the City Council.
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32. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Health
Department with jurisdiction over the specific phase of development, County Treasurer, Ada
County Highway District Commissioners (where applicable), City Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-2024-03) and based upon the information provided and determines the proposed subdivision and
subdivision land use map is in accordance with the objectives of Eagle City Code and because:
(1) The residential and commercial development will be serviced with potable water by the City of
Eagle Water System and central sewer service will be provided by the Avimor Water
Reclamation District.
(2) The proposed Subdivision Land Use Map, which was submitted with the preliminary plat and is
utilized to formally designate the proposed sub -use districts for each lot within the preliminary
plat, is in compliance with the approved Master Land Use Map and Table 2.2 which established
each Land Use District, the applicable Sub -Area Plan which established the specific Sub -Use
District for each lot, and provides for a set of uses and development standards that would be
compatible with existing adjoining property uses because proposed individual sub -use districts.
DATED this 8th day of April 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor ��•�•"""�•.,,
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