Findings - CC - 2025 - SAP-2025-01 - Sub-Area Plan (SAP) No. 2 / Avimor Planned Development BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A SUB AREA PLAN(SAP)NO.2 FOR )
AVIMOR PLANNED DEVELOPMENT )
FOR AVIMOR DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER SAP-2025-01
The above-entitled Sub-Area Plan (SAP) application came before the Eagle City
Council for their action on November 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:
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Avimor Development, LLC, is requesting approval of Sub-Area Plan (SAP)No. 2 for the Avimor
Planned Development. SAP No. 2 consists of 253.00-acres that will include four (4) parcels
[three (3) large-acre residential parcels and one (1) cemetery site] pursuant to the uses outlined
within Eagle City Code Title 11B and in accordance with the development agreement associated
with the Avimor Development. A portion of the 253.00-acre proposal (two (2) parcels; 114.85-
acres inclusive of one (1) residential parcel and the one (1) cemetery parcel) is located in Gem
County and the remainder (two (2) parcels; 148.27-acres inclusive of two (2) residential parcels)
is located within Boise County. The subject parcels are generally located on the west side of State
Highway 55 north of Pearl Road, approximately 7,110-feet west of the intersection of State
Highway 55 and Pearl Road.
B. APPLICATION SUBMITTAL:
This application was submitted to the City on June 9, 2025.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on October 5, 2025. Notice of this public hearing was mailed to property owners
within three-hundred feet (300') of the boundary of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on,October 3, 2025. The
site was posted a minimum of days prior to the scheduled public hearing on October 09, 2025, in
accordance with Eagle City Code Title 11B-7-11.
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
November 7, 2025. Notice of this public hearing was mailed to property owners within three-
hundred feet (300') of the boundary of the subject property in accordance with the requirements
of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 6, 2025. The site was
posted a minimum of 7-days prior to the scheduled public hearing on November 14, 2025, in
accordance with Eagle City Code Title 11B-7-11.
Requests for agencies' reviews within Boise County and Gem County were transmitted on July
22,2025, in accordance with the requirements of the Eagle City Code.
Page 1 of 21
Avimor SAP No 2 Findings CC
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.
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. 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.
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 11B
—City of Eagle: an ordinance adding a new Title 11 B "Avimor Zoning Ordinance".
E. COMPANION APPLICATIONS:
No companion applications were submitted with this application.
Page 2 of 21
Avimor SAP No 2 Findings CC
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Comprehensive Zoning Designation: Land Use:
Plan Designation:
APD-DA(Avimor
Existing Foothills Residential Planned Development with Vacant Land/Natural Open Space
a development agreement)
APD-DA(Avimor 3 Residential Dwelling Units
Foothills Residential Planned Development
Proposed (No Change) with a development 52.7-acres of Open Space
agreement) (Cemetery)
Agriculture and Al Prime Agriculture—
North of site Ranching—Gem Vacant Land/Natural Open Space
County Designation Gem County Designation
APD-DA(Avimor
Foothills Residential Planned Development Vacant Land/Natural Open Space
South of site with a development Future Avimor development
agreement)
Natural Resources
East of site Area—Boise County State of Idaho Lands Vacant Land/Natural Open Space
Designation
Agriculture and Al Prime Agriculture—
West of site Ranching—Gem Gem County Designation Vacant Land/Natural Open Space
County Designation
G. DESIGN REVIEW:
These parcels may be subject to Eagle City Code Title 11B-3 -Avimor Design Review
Page 3 of 21
Avimor SAP No 2 Findings CC
H. GENERAL SAP No. 2 DATA/DESIGN:
1. SAP No. 2 Overall—Acreage*:
Total Acreage of Avimor: 17,522.00 acres
Previously Approved SAP Acreage in Avimor: 2,016.00 acres
Current Total Remaining Acreage in Avimor: 15,506.00 acres
Proposed Total Acreage in SAP No. 2: 253.00 acres
• Proposed Development Acreage in SAP No. 2: 200.30 acres
• Proposed Open Space in SAP No. 2: 52.70 acres
Total Maximum Non-Residential Use area in Avimor: 860,000 SF
• Previously Approved Non-Residential Area in Avimor: 660,000 SF
• Current Remaining Non-Residential Area in Avimor: 200,000 SF
• Proposed Non-Residential Use in SAP No. 2: 0.00 SF
2. SAP No. 2 Overall Residential Units and Density:
Maximum Allowable Units in Avimor: 8,761 units
Previously Approved"SAP Units"in Avimor: 2,461 units
Current Remaining Units in Avimor: 6,300 units max.
Number of Proposed Units in SAP No. 2: 3 units
Maximum Allowable Density for Avimor: 0.50 du/ac,max.
Current Avimor(APD-DA)Density(2,461 units/2,016-ac): 1.22 du/ac
Current Avimor Density/Overall Project(2,461 units/17,522-ac): 0.14 du/ac
Proposed Avimor(APD-DA)Density(2,464 units/2,269-ac): 1.08 du/ac
Proposed Avimor Density/Overall Project(2,464 units/17,522-ac): 0.14 du/ac
• The maximum number of dwelling units shall not exceed 8,761 dwelling units for the
entire Project(not including Avimor Village 1 Phases 4-11)unless Additional Property is
annexed into the City and made subject to the approved development agreement.
3. SAP No.2 Open Space Overall*:
Previously Approved Open Space in Avimor: 1,057.00 acres ..
Previously Approved Open Space%in Avimor: 52.4%
Minimum Open Space Required in Avimor: 8,761 acres min.
Open Space %Required in Avimor: 50%min.
Open Space Proposed in SAP No. 2: 52.7 acres
Open Space %Proposed in SAP No. 2: 20.8%(of 253.00 acres)
Page 4 of 21
Avimor SAP No 2 Findings CC
CONCEPTUAL MASTER PLAN:
The applicant's justification of the SAP's compliance with the requirements of the conceptual
plan, including the anticipated size, number of residential units, planned commercial areas,
general sequencing of development within the sub-area, the anticipated location for public
facilities, the anticipated location of regional pathways and arterial streets and collector streets, if
any, are addressed in the applicant's narrative received by the City on July 09, 2025, and the
applicants Sub-Area Plan No. 2 Exhibit, dated September 16, 2025.
J. AGENCY RESPONSES:
No agencies have provided correspondence to date. Application transmittals will be submitted for
future all future applications that increase use intensities or are deemed to necessitate agency
comments.
K. LETTERS FROM THE PUBLIC:
No correspondence from the public has been provided to date.
L. REQUIRED FINDINGS FOR A SUB-AREA PLAN:
11B-7-9-B(2)(e) -ACTION BY PLANNING&ZONING COMMISSION/FINDINGS:
In reviewing the proposed Sub-Area Plan, the Commission shall consider the following:
(1) General compliance with the Master Land Use Map;
(2) General compliance with the Development Plans to preserve significant natural features and
slopes over twenty-five percent, to the greatest extent possible, recognizing that
development of slopes over twenty-five percent is permitted where significant natural
features are preserved and visual disruption is minimized.
(3) General compliance with the Comprehensive Plan's transect model of development
encouraging more intense development clustered along roadways and flatter areas,
recognizing that the Comprehensive Plan is a guideline and the neighborhood and
community centers on the Master Land Use Map are smaller in scale.
(4) Compliance with the Avimor Development Agreement.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
See the Eagle Foothills Subarea Plan and the Findings of Fact and Conclusions of law for RZ-19-
06, including MOD 1 and MOD 2. These documents are incorporated herein by reference.
B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
1. DEFINITIONS:
1.17 "Development Plans" collectively means the Grading Guidelines and Hillside
Development Standards, the Habitat Management Plan, the Master Wastewater
Study, the Avimor Master Drainage Report, the Municipal Water and Pressurized
Irrigation System Master Plan—Avimor Development, the Design Guidelines, the
Master Land Use Map, and the Open Space Plan, each of which is kept on file with
City, as may be amended from Time to time pursuant to this Agreement.
Page 5 of 21
Avimor SAP No 2 Findings CC
1.23 "Foothill Regional Pathway" is a public pathway that will serve the community
connecting neighbors and regional destinations.
1.27 "Land Use District": Areas within the Avimor Planned Development Zoning
District, designated on the Master Land Use Plan, including: (1) Village Center; (2)
Mixed Use/Commercial; (3) Village Residential; (4) Foothills Residential; (5)
Village One and Open Space.
1.31 "Master Land Use Plan" is the overall conceptual development plan for the Project
as a whole, as approved by the City, which is attached hereto and incorporated
herein as Exhibit F, which may be amended from time to time pursuant to this
Agreement.
1.33 "Non-Residential Use"may include commercial, retail and office related uses. Non-
Residential Use does not include public and/or civic uses.
1.34 "Open Space" for use by residents of Avimor or the general public for recreation,
agriculture, habitat, vegetation, scenic or similar uses, whether platted or unplatted.
Open Space may be developed or natural and may include: (i) public and private
parks, sports fields, and trails; (ii) golf courses; (iii) equestrian centers; (iv)
vineyards and other agricultural lands; (v) landscape easements or common areas
inside or outside of public rights of way; (vi) floodplains and floodways; (vii) the
lesser of 50 percent of school sites or the area of playfields, (viii) scenic corridors;
(ix) undeveloped hillsides; (x) wetlands, wildlife habitat, drainage areas, and unique
or sensitive plant areas; and (xi) conservation easements or permanent open space
on private lands or lots subject to deed restriction requiring either public or Open
Space, Community access. Open Space may be publicly or privately owned and
may be accessible or inaccessible to the public.
1.35 "Open Space, Community" is Open Space, including developed and natural open
space, for the use of Avimor residents only.
1.36 "Open Space, Regional" is Open Space, including developed and natural open
space,that consists of parks and green spaces for use by the public.
1.42 "Project Density" is the total maximum gross residential density for the Project
(residential units per gross acre), which is 0.5 dwelling units per gross acre, which
was set based on the goal density for the Property, which is designated as under
Eagle is Home with a Foothills Residential land use designation and the portions of
the Property with a Community Center land use designation.
1.46 Sub-Use District: A specific use district designated within each Land Use District
where certain land uses are allowed, conditionally allowed, or prohibited and
specific development standards are provided. The Sub-Use Districts are: (1) Rural
Residential; (2) Estate Residential; (3) Single-Family Detached 1 (SF1); (4) Single-
Family Detached 2 (SF2); (5) Single-Family Detached 3 (SF3); (6) Single-Family
Zero Lot Line (SFZL); (7) Single-Family Special Lot (SFSL); (8) Single-Family
Attached (SFA); (9) Low Density Multi-Family (MF1); (10) Medium Density
Multi-Family (MF2); (11) High Density Multi-Family(MF3) (12) Village
Commercial (VCOM); (13) Mixed Use (MU); (14) Highway Mixed Use (HMU);
(15) Neighborhood Commercial (NC); (16) Community Commercial (CC); (17)
Reserve (RE); (18) Cottage (CO); (19) Phase 1 Mixed Use (P1MU); (20)
Community Services (CS); (21) Community Open Space (COS); and (22) Regional
Open Space(ROS).
Page 6 of 21
Avimor SAP No 2 Findings CC
2. DEVELOPMENT OF THE PROPERTY:
2.3 Project Density. The overall maximum density for the Project is the Project Density;
based on the current acreage of the Property, a maximum of 8,761 residential units
may be developed.
2.5 Allocation of Residential Density. Master Developer shall have the right to allocate
residential density to any portion of the Property, including any Additional Property,
provided such allocation: (i) does not exceed the overall Project Density for the
Project as a whole; (ii) is in conformity with the Master Land Use Plan; (iii) does
not allow a use otherwise prohibited; and (iv) does not cause a material change to
this Agreement without prior amendment to this Agreement and compliance with
the applicable notice and hearing requirements.
2.6 Non-Residential Use. Master Developer shall have the right to designate and
develop Non-Residential Uses on the Property in accordance with Title 11B and the
Master Land Use Plan. Total Non-Residential Use shall not exceed 860,000 square
feet.
3.1 Traffic & Circulation.
3.1.1 Roadway System. Master 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, in general
conformance with the applicable preliminary plat design and approval conditions.
3.1.2 Public Roads and Rights of Way. Public roadways within the Project will be
approved and governed by the applicable Transportation Entity. All public roads
and/or rights-of-way within the Property will be dedicated by Master 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)Master 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.
3.1.3 Private Streets and Rights of Way. Any private streets within the Project will be
constructed by Master Developer in accordance with Title 11B. Such private streets
will be maintained by Master Developer or an Owners' Association. Private streets
may be conveyed to one or more Owners' Associations at Master Developer's
election. Master Developer shall grant access licenses over private streets to service
providers (e.g. police, fire, EMS, waste collection) and utility easements for
installation, maintenance and repair of public utilities (e.g. water and sewer).
Subject to this Section 3.1.3, Master Developer may limit access to private streets
through access control structures. To the extent allowed by law, Master Developer
will have the right to name private streets.
3.1.4 Obligation of Maintenance of Roads by Private Landowners. In the event the
applicable Transportation Entity is compensated for operation and maintenance of
roads by a private entity (i.e. the Owners' Association or individual landowners) the
Page 7 of 21
Avimor SAP No 2 Findings CC
Master Developer is required to provide notice of the same on all plats and within
the Charter.
3.2 Water.
3.2.1 Water Service. Water service to the Project will generally comply with Eagle City
Code Title 6, Chapter 5 subject to the terms of this Agreement, Title 11B, and the
Water Service Agreement. Within the Veolia Service Area, Veolia will provide
water service to the Project unless Master Developer and City (or an alternate
service provider) enter into a subsequent agreement for water services in all or some
portion of the Veolia Service Area. Within the Veolia Service Area, no service
provider will be required to convey or dedicate any portion of its water rights or
Water System to City. For areas of the Property outside of the Veolia Service Area,
City shall provide water service to the Project pursuant to the Water Service
Agreement.
3.3 Wastewater Treatment and Disposal.
3.3.1 Wastewater Facilities. AWRC has constructed and will continue to construct
Wastewater System improvements to serve the Project. Master Developer shall
cause AWRC's construction, operation and maintenance of the Project's
Wastewater System to be in compliance with Title 11B 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.
3.3.2 Master Wastewater Study. Major Wastewater System improvements shall be
constructed in accordance with the requirements of IDEQ and in general conformity
with the Master Wastewater Study
3.5 Development of Open Space,Parks, and Pathways.
3.5.1 Open Space. Pursuant to Title 11B, with each preliminary plat application in the
Project, a minimum 20% Open Space will be designated within the area being
platted; this may be Community Open Space or Regional Open Space. Overall, the
Project will include a minimum of 50% Open Space, which may include areas not
platted. The provision of Open Space within the Project shall be in general
conformance with the Master Open Space Plan. Any time Master Developer
presents a preliminary plat application to City with a Regional Open Space
component exceeding five (5) contiguous acres, City shall have the right,but not the
obligation, to require conveyance of such Regional Open Space land and
improvements to City for City ownership for the public benefit.
3.5.2 Conservation Land. Pursuant to Title 11B, for every two (2) acres of developed and
improved land within a platted area (excluding platted Open Space), Master
Developer will reserve, or cause to be reserved,one(1)acre of unfragmented habitat
land in permanent conservation through deed restrictions, conservation easements,
conveyances or any other mutually acceptable means. Conservation land may be
part of the Property, and owned or controlled by Master Developer or a third party.
With each preliminary plat application, Master Developer shall provide City with a
statement of the number of acres of unfragmented habitat reserved to date and the
additional number of acres that will be reserved by the pending preliminary plat.
Based on Master Developer's pre-existing reservation of 240 acres of unfragmented
habitat land into permanent conservation easement, as shown on the Open Space
Page 8 of 21
Avimor SAP No 2 Findings CC
Plan, and which easement is attached hereto and incorporated herein as Exhibit H,
the Project has a credit of 240 acres of conservation lands that may be used to offset
future development within the Project prior to reserving any additional conservation
lands.
3.5.3 Pathways. Pursuant to Title 11 B, with each preliminary plat application in the
Project, Master Developer shall provide pathways to support recreation and
connectivity within the area being platted. The provision of pathways within the
Project shall be generally in conformance with the Master Open Space Plan.
3.5.4 Parks, Pathways, and Facilities Map. A detailed Parks, Pathways and Facilities Map
shall be submitted as part of each preliminary plat application, for the area being
platted, that conforms to the requirements of Title 11B and addresses location of
parks, pathways, and trails, roadway crossings, habitat, and ownership structure or
intent to dedicate such park or pathway facilities if known at the time of submittal.
Each Parks, Pathways and Facilities Map submitted with a preliminary plat
application shall be generally in conformance with the Open Space Plan.
3.9 Land Donations.
3.9.1 Eagle Fire Protection District. Master Developer will work with the Eagle Fire
Protection District to select a mutually agreeable fire station site to be donated to the
Eagle Fire Protection District upon request by the Eagle Fire Protection District.
Master Developer is only obligated to donate land,no improvements are required.
3.9.2 Public Schools. Master Developer will work with each of the three public school
districts 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. Master Developer is only obligated to donate land, no improvements are
required.
Page 9 of 21
Avimor SAP No 2 Findings CC
EXHIBIT F—MASTER LAND USE PLAN:
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Page 10 of 21
Avimor SAP No 2 Findings CC
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1. PLANNED DEVELOPMENTS CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
11B-7-9: ZONING; SUB-AREA PLAN AND SUBDIVISION LAND USE MAP:
B. Sub-Area Plan: To facilitate regional planning and ensure compliance with the Master Land Use
Map, at least every five (5) years, Master Developer shall submit a Sub-Area Plan for approval.
The Sub-Area Plan will guide future development and adoption of specific Subdivision Land Use
Maps as development occurs within the applicable Sub-Area Plan. When submitted for
approval, Sub-Area Plans should generally address the area planned to be developed in the then-
current Five-Year Plan. Master Developer may submit a Sub-Area Plan or plans for approval as
frequently as desired and subsequent Sub Area Plans may include lands included in prior-
approved Sub-Area Plans. Except for the approved Village One Land Use Map and Boise County
Phase 1 Subdivision Land Use Map, no area may be designated with a Sub-Use District through
the approval of a Subdivision Land Use Map unless that area is included in an approved Sub-
Area Plan.
1. Required Information and Materials: In support of a Sub-Area Plan approval, Master
Developer shall submit the following:
a. A conceptual plan, or plans, of the land within the applicable sub-area identifying:
(1) The anticipated location, size, estimated number of residential units, and whether
commercial areas are planned within the individual Sub-Use District(s) within
the sub-area;
(2) General development sequencing within the sub-area, recognizing that different
areas within a sub-area may be developed contemporaneously;
Page 11 of 21
Avimor SAP No 2 Findings CC
(3) Anticipated location for regional or community public facilities, such as schools,
emergency service facilities,and public parks; and
(4) Anticipated location of regional pathways and arterial street and collector streets.
b. A slope analysis of the sub-area identifying slopes over twenty-five percent; recognizing
that development of slopes over twenty-five percent is permitted where significant
natural features are preserved and visual disruption is minimized;
c. A map identifying significant natural features within the sub-area such as visually
sensitive ridgelines and unique topographical or geologic formations; and
d. Approval letter from the Avimor Conservation Director stating the proposed Sub-
Area Plan is in compliance with the habitat management plan and any conditions of
development required pursuant to the habitat management plan.
2. Procedure For Approval of Sub-Area Plan:
a. Administrative Review: Upon receipt of a request for a new or amended Sub-
Area Plan and receipt of the required information and materials, the Administrator shall
schedule a public hearing before the Commission, which hearing shall be held within
sixty (60)days of the date of certification of a complete application.
b. Recommendation By Administrator: The Administrator shall prepare a recommendation
on the Sub-Area Plan to the Commission.
c. Review By the Parks, Pathways, and Recreation Commission: The Administrator may
refer the Sub-Area Plan to the City's Parks, Pathways, and Recreation Commission for
review and recommendation.
d. Public Notice: The Administrator shall provide notice in accordance with the
requirements of Section 11B-7-11 of this Title.
e. Action By Commission/Findings: In reviewing the proposed Sub-Area Plan, the
Commission shall consider the following:
(1) General compliance with the Master Land Use Map;
(2) General compliance with the Development Plans to preserve significant natural
features and slopes over twenty-five percent, to the greatest extent possible,
recognizing that development of slopes over twenty-five percent is permitted where
significant natural features are preserved and visual disruption is minimized.
(3) General compliance with the Comprehensive Plan's transect model of development
encouraging more intense development clustered along roadways and flatter areas,
recognizing that the Comprehensive Plan is a guideline and the neighborhood and
community centers on the Master Land Use Map are smaller in scale.
(4) Compliance with the Avimor Development Agreement.
The Commission may recommend approval, conditional approval, disapproval, or tabling
for a period not to exceed thirty-five (35) days. Such action shall occur within thirty-five
(35)days of the date of the regular meeting at which the Sub-Area Plan is first considered
by the Commission.
f. Action By Council: Within sixty (60) days after receipt of the Commission's
recommendation and following the notice requirements as set forth in Section 11 B-7-
11 of this Title, the Council shall hold a hearing and make findings as required in Section
11B-7-9(B)(1)(v). The Council shall approve, approve conditionally, or disapprove
Page 12 of 21
Avimor SAP No 2 Findings CC
the Sub-Area Plan within thirty (30) days of the public hearing conducted to consider the
Commission's recommendation. Approved Sub-Area Plans shall be kept on file with the
City to govern future development and allowed uses within the platted area.
3. Modifications to Approved Sub-Area Plan. Upon request by Master ,Developer, an
approved Sub-Area Plan may be modified by the Council 'as part of a preliminary plat
application so long as the modified Sub-Area Plan meets all of the approval criteria set forth
in 11 B-7-9(B)(1)(v)(1)-(4).
DISCUSSION:
• Upon the annexation of the Avimor development into the City of Eagle, the City and the
developer executed a development agreement that adopted a Master Land Use Plan (Exhibit F)
and a Master Open Space Plan (Exhibit G) for the Avimor development that identifies the future
Land Use Districts for the development. Eagle City Code section 11B-2-4, Table 2.2 further
identifies Sub-Use Districts that, when initially assigned to areas within the development through
the approval of a Sub-Area Plan application and subsequently required preliminary and final
plats, establish land uses and dimensional standards for those areas. The Sub-Area Plan approval
process is in place to ensure compliance with the development agreement, the approved Master
Land Use Plan and Master Open Space Exhibit as the developer seeks to further develop the
property through a subsequent platting process and to establish Sub-Use districts for future
platted areas, in conformance with Title 11B.
• Pearl Road Lot#3 (Parcel No. RP06NO1E130001) is designated as Regional Open Space within
SAP No. 2 for future use as a Cemetery. Future development of a cemetery will necessitate the
submittal of additional entitlement applications to the City in the future, including the necessary
plats and design review applications.
• If approved by Council,the Avimor development should be considered to have consumed:
o 2,359-acres of the total 17,522-acres within the Avimor property (13.5%). 15,163-acres
within the property remain for future inclusion within a SAP within the development.
o 2,464 dwelling units of the maximum 8,761 dwelling units allowed within the property
(28.1%). 6,297 dwelling units are still eligible for future inclusion with a SAP within the
development.
o 1,109.7-acres provided of the minimum 8,761 acres of open space required for the property
(12.6%). A minimum of 7,651.3 acres of open space are still required for the development.
o 660,000 square feet of the maximum 860,000 square feet non-residential use for the property
(76.7%). 200,000 square feet remain for future use.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
20, 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
one(not including the applicant/representative) individual who indicated the following:
• The inclusion and proposed location of a possible cemetery site is beneficial addition.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
Page 13 of 21
Avimor SAP No 2 Findings CC
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 01:38:40): https://eagle-id.granicus.com/player/clip/2150?meta id=113713
COMMISSION DECISION:
The Commission voted 4 to 0 (McCauley recused)to recommend approval of SAP-2025-01 for Sub-Area
Plan (SAP) No. 2 for Avimor with the site specific conditions of approval and standard conditions of
approval provided within the Commission's findings of fact and conclusions of law document, dated
November 3, 2025.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 25, 2025, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the application was presented to the City Council by two (2) individuals
(not including the applicant/representative)who stated the following
• A cemetery site that is designed and operated utilizing a less manicured, natural hillside aesthetic
would be a special place that provides a meaningful memorial that would add to the character of
the City of Eagle.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by one individual who stated the following:
• The approval of any site that could support a cemetery use should be delayed until proper studies
have been done that substantiate the regional need of another cemetery site and if the hillside
slopes can generally support this use.
• As an Avimor resident,none of the HOA dues that are paid should go towards the construction or
ongoing maintenance of a cemetery site.
COUNCIL DELIBERATION:
Upon closing the public hearing,the Council made a motion based upon the information provided by staff
and the testimony provided. A summary of the deliberation can be found at the following link (Granicus
time: 02:06:56): https://eagle-id.granicus.com/player/clip/2163?meta id=114622
COUNCIL DECISION:
The Council voted 4 to 0 to approve SAP-2025-01 for Sub-Area Plan (SAP) No. 2 for Avimor with the
following planning and zoning commission recommended site specific conditions of approval and
standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit all necessary future applications, including but not limited to, plat and
design review applications, grading, and development drawings for review, for the future cemetery
parcel(Pearl Road Lot#3 [Parcel No. RP06NO1E130001]). The SAP No. 2 master plan, as approved
or conditioned for approval, shall be used to evaluate and establish conditions of approval for any
and all future application submittals within the boundary of SAP No. 2.
2. The applicant shall comply with all requirements of either the Ada County Highway District, the
recorded Boise County Road Maintenance Agreement, (dated December 5, 2022),the recorded Gem
County Road Maintenance Agreement (Instrument No. 347333, dated October 10, 2023), and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
Page 14 of 21
Avimor SAP No 2 Findings CC
curbs, gutters, streets and sidewalks,where applicable.
3. The applicant shall submit payment to the City for all outstanding fees (planning, engineering, and
legal)incurred for reviewing this SAP application,prior to approval of a preliminary plat for the area
contained within SAP No. 2.
4. No grading shall occur on the site until the applicant has received approval from the City in
accordance with the Avimor Grading Guidelines and Hillside Development Standards, dated
November 21,2022.
5. No development or permits shall be issued outside of the established boundary of SAP No. 2 (or
within any previously approved SAP) unless it is for an essential public facility (i.e. sewer, water,
electrical, roads, or BLM access easements). These services shall remain subject to City approvals
(i.e. grading, design review, and/or building permits), as applicable
6. Including prior approved Sub-Area Plans by the City, if Sub-Area Plan No. 2 is approved by the City
Council, the Avimor development shall have consumed:
• 2,359-acres of the total 17,522-acres within the Avimor property (13.5%). 15,163-acres within
the property remain for future inclusion within a SAP within the development.
• 2,464 dwelling units of the maximum 8,761 dwelling units allowed within the property (28.1%).
6,297 dwelling units are still eligible for future inclusion with a SAP within the development.
• 660,000 square feet of the maximum 860,000 square feet non-residential use for the property
(76.7%). 200,000 square feet of non-residential area remains for future use.
7. Relative to Sub-Area Plan data, if SAP No. 2 is approved by Council, the Avimor development shall
have provided:
• 1,109.7-acres of the minimum required 8,761 acres of open space for the property
(12.6 %). A minimum of 7,651.3-acres of open space are still required to be designated for the
development within the remaining 15,253-acres left for future development.
Page 15 of 21
Avimor SAP No 2 Findings CC
8. All land uses and lots shall comply with the following and shall be subject to ECC 11B-2 at the time
of preliminary plat approval:
ECC
11 B-2. Max.
Description:
Land Use Density:
District:
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.
2. Regional Open Space: Regional Open Space is intended
to serve both Avimor residents and the general public and
may be adjacent to, or provide connection to, large scale No
OS regional open space. Regional Open Space may include Residential
many of the amenities provided in Community Open Density
Space as well as active regional parks, and trail corridors.
Regional Open Space may be owned and maintained by
the City, the Owners' Association, private parties, a land
trust, or other conservation group or entity.
52.7-acres of Regional Open Space (future cemetery use) is
proposed within SAP No. 2
Rural Residential: 1 unit per 2
RR
Single-family detached units. Minimum lot area of 1.0-acre. gross acres
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:
1. The applicant shall comply with all requirements of the road district with jurisdiction within each
county, including Ada County Highway District and/or the Idaho Transportation Department, for
items including, but not limited to, approval of the drainage system, curbs, gutters, streets and
sidewalks,where applicable.
1. Correct street names, as approved by the appropriate street name committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
2. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer and/or the applicable reviewing agency, as required. 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.
3. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
4. 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.
Page 16 of 21
Avimor SAP No 2 Findings CC
5. 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.
6. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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 11B-11D-9, 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.
7. 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.
8. 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
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the
final plat. The CC&Rs 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.
10. 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.
11. 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.
12. Street light plans shall be submitted and approved as to the location, height and wattage to City
Staff at the time of Design Review application submittal. 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
Page 17 of 21
Avimor SAP No 2 Findings CC
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. 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.
14. The applicant shall provide utility easements as required by the public utility providing service,
including fiberoptic internet conduit, and as may be required by the Eagle City Code, prior to the
City Engineer signing the final plat.
15. An approval letter from the Fire District who has jurisdiction over the platted area 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 applicable fire department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire District
who has jurisdiction over the platted area.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Fire
District who has jurisdiction over the platted area prior to the City Engineer signing the final
plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.),unless
otherwise waived by the Fire District. Flow rates shall be inspected in accordance with all
agencies having jurisdiction, and shall be verified in writing by the Fire District who has
jurisdiction over the platted area prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Fire District who
has jurisdiction over the platted area prior to issuance of a building permit.
16. 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 preserved
and mitigated habitat areas, 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.
17. 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.
Page 18 of 21
Avimor SAP No 2 Findings CC
18. 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.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Council or Eagle City Parks and Pathways Development
Commission for a path or walkway shall be approved in writing by the Eagle City Parks and
Pathway Development Commission prior to approval of the final plat by the City Council.
20. 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.
21. 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".
22. 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.
23. The applicant shall obtain written approval of the development relative to the effects on the
floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the
City Engineer.
24. 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.
25. Basements in homes in the floodplain are prohibited.
26. 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.
27. 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.
28. 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 11B "Land Subdivisions" until the final plat has received the approval of
the City Council(ECC 11B-11B-4(C).
29. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
30. 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.
Page 19 of 21
Avimor SAP No 2 Findings CC
31. 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.
32. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment
over 25,000 GVWR. The plan shall show all designated routes and hours of operation. The heavy
truck traffic routes shall maximize use of highways and major arterials while minimizing use of
smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all
sub-contractors and for monitoring compliance.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed Sub-Area Plan (SAP)
No. 2 (SAP-2025-01) and based upon the information provided concludes that the proposed SAP
application is in accordance with the City of Eagle Title 11 B (Planned Developments)because:
1. The proposed Sub-Area Plan (SAP) remains in general compliance with the approved Master
Land Use Map as the proposed sub-districts within the SAP correspond with the land use
districts established in the Master Land Use Map;
2. The proposed Sub-Area Plan (SAP) is in general compliance with the Development Plans to
preserve significant natural features and slopes over twenty-five percent, to the greatest extent
possible, recognizing that development of slopes over twenty-five percent is permitted where
significant natural features are preserved and visual disruption is minimized. Future development
within the boundaries of SAP No. 2 requires conformance with the approved hillside and grading
standards adopted by the City at the time of the annexation of the property into the City;
3. The proposed Sub-Area Plan (SAP) is in general compliance with the Comprehensive Plan's
transect model of development that encourages more intense development clustered along
highways and major transportation corridors and within flatter areas while less intensive uses are
proposed at the project periphery or away from village center areas of the development. The
proposed Sub-Area Plan includes less intensive, large lot single family residential (Rural
Residential) and open space (possible cemetery site) designations approximately 4.11-miles
northwest of the most intensively planned village center areas of the development;
4. The proposed Sub-Area Plan (SAP) is in general compliance with the Avimor Development
Agreement as no proposals to deviate from the language or exhibits within the development
agreement are proposed within this application.
Page 20 of 21
Avimor SAP No 2 Findings CC
DATED this 9th day of December 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
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Page 21 of 21
Avimor SAP No 2 Findings CC