Findings - PZ - 2026 - PP-2025-10 - Avimor HSC Subdivision - Avimor HSC Subdivision PP-2025-10BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR
HSC SUBDIVISION FOR
AVIMOR DEVELOPMENT, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-2025-10
The above -entitled Preliminary Plat application came before the Eagle Planning and Zoning Commission
for their recommendation on March 2, 2026, at which time public testimony was taken and the public
hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Avimor Development, LLC, represented by Brad Pfannmuller, is requesting preliminary plat
approval for HSC Subdivision, a 4-lot commercial subdivision. Avimor HSC Subdivision is a re -
subdivision of Lot 2, Block 1, of the Avimor Boise County Phase 1 Subdivision. The 5.63-acre
site is generally located within Boise County on the east side of State Highway 55, approximately
500-feet north of the intersection of State Highway 55 and Crowfoot Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Avimor Main Office located at 5963 West Avimor
Drive, Suite 200, Eagle, Idaho 83714 from 5:30 PM to 7:00 PM, on September 16, 2025, in
compliance with the application submittal requirement of Eagle City Code. The applications for
this item was received by the City of Eagle on October 27, 2025.
B. 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 February 13, 2026. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
February 11, 2026. The site was posted in accordance with the Eagle City Code on February 19,
2026. Requests for agencies' reviews were transmitted on November 12, 2025 in accordance with
the requirements of the Eagle City Code.
C. 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.
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C
E.
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 11B
— City of Eagle: an ordinance adding a new Title 11 B "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).
COMPANION APPLICATIONS:
No companion applications were submitted with this application.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
APD-DA (Avimor Planned
Vacant Land
Existing
Foothills Residential
Development with a
(Designated for
development agreement)
Future Re -
Subdivision)
APD-DA (Avimor Planned
Highway
Proposed
Foothills Residential
Development with a
Mixed Use -
(No Change)
development agreement)
Commercial
(No Change)
Subdivision
APD-DA (Avimor Planned
North of site
Foothills Residential
Development with a
Vacant Land
development agreement)
Village
APD-DA (Avimor Planned
Commercial
South of site
Foothills Residential
Development with a
Subdivision
development agreement)
(Howell
Station)
APD-DA (Avimor Planned
Vacant Land
East of site
Foothills Residential
Development with a
(designated as
development agreement)
open space)
APD-DA (Avimor Planned
State Highway
West of site
Foothills Residential
Development with a
development agreement)
55
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G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the city-wide design review overlay district.
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is located within the wildland-urban interface overlay district and is subject to the
Avimor Fire and Vegetation Management Plan.
I. APPLICATION COUNTY:
This site is located entirely within Boise County.
J. SITE DATA:
Total Acreage of Site — 5.60-acres
Total Number of Lots — 4
Residential — 0
Commercial — 4
Industrial — 0
Common — 0
Total Number of Units -
Single-family — 0
Single-family attached — 0
Two-family — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
0 du/ac
N/A
Minimum Lot Width
N/A
N/A
To be evaluated through a
Minimum Lot Area
fixture design review
10% of the site, minimum
application.
To be evaluated through a
Maximum Lot Coverage
fixture design review
100% of the site, maximum
application.
To be evaluated through a
10-20 Parking Spaces: 5%
Percent of Site as Common Area
future design review
21-50 Parking Spaces: 8%
application.
5 1 + Parking Spaces: 10%
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K. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
West McLeod Way is identified as a collector road and requires a minimum of an 8-foot-wide
landscape buffer, pursuant to Eagle City Code Section 11B-3-7(2)(a), unless an attached sidewalk
is proposed in areas that consist of bus pullouts, drop-off areas, on -street parking areas, and
similar circumstances. The portion of West McLeod Way to the east of the HSC Subdivision
includes a 5-foot-wide sidewalk with an 8-foot-wide landscape buffer that will be constructed
with the completion of the Avimor / Highway 55 Underpass Plans, that were approved by ITD in
2023.
The required setback from State Highway 55 shall be twenty -feet (20') adjacent to commercial
uses. Parking lot landscapes shall be provided to minimize the visual impact of off-street
parking. In the design of large parking areas, bays of parking shall be separated by landscape.
Setbacks for proposed buildings will be evaluated in future design review and building permit
application submittals to the City of Eagle.
Perimeter parking lot landscaping shall be provided when a parking lot is located adjacent to
public streets or right of way. The perimeter parking lot landscaping shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along the
roadway, pursuant to Eagle City Code Section 11A-3-7(P). Parking lot landscaping will be
evaluated in future design review application submittals to the City of Eagle.
Open Space:
Landscape shall cover a minimum of ten percent (10%) of the property on all commercial
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated
into the design of the landscaped area, may be included in the ten percent (10%) landscape
coverage requirement, pursuant to Eagle City Code Section 11B-3-7(B)(2).
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 1113-11D-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. Water
mains are to be coordinated with the City of Eagle Water Department.
On -site Septic System:
On -site septic systems are not proposed 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.
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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.
L. STREET DESIGN:
Private or Public Streets:
Applicant's Justification for Private Streets:
No private streets are proposed within this application.
Blocks Less Than 500-feet:
No blocks less than 500-feet in size are proposed within this application.
Cul-de-sac Design:
No cul-de-sac streets are proposed within this application.
Sidewalks:
Sidewalksadjacent to McLeod Way are part of a separate road construction package (Avimor /
Highway 55 Underpass, 2023) and will be installed with that phase of development. The design
and layout of any internal sidewalks and pedestrian walkways will be included within future
design review applications that will be submitted to the City, if proposed.
Curbs and Gutters:
Curbs and gutters, which meet the required standards of the Boise County Road Mitigation
Agreement, are proposed as part of the proposed street (West McLeod Way) that will provide
access to the subject property from the east. Those plans were approved by ITD in 2023 as part
of the Avimor/Highway 55 Underpass Plans. Interior curbs and gutters will be reviewed as part
of a future design review application submittal to the City of Eagle.
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 necessary
modifications made to the lighting shall be completed before the final plat approval.
Street Names:
Street names for all new streets shall be approved by the respective county -specific street naming
entity, prior to submittal of a final plat application.
M. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: See comments under sidewalks above.
N. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the
public.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none known
Evidence of Erosion — none known
Fish Habitat — none known
Floodplain — none known
Mature Trees — none known
Riparian Vegetation — none known
Steep Slopes — none known
Stream/Creek — none known
Unique Animal Life — none known
Unique Plant Life — none known
Unstable Soils — none known
Wildlife Habitat — none known
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An environmental assessment plan is not required with the submittal of this application.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Central District Health
Eagle Fire Department
Idaho Transportation Department
S. CITY ENGINEER RECOMMENDATION:
The City Engineer recommended approval of this application with conditions of approval are
provided within the engineer's letter dated December 3, 2025.
T. LETTERS FROM THE PUBLIC:
No letters from the public regarding the public hearing for this application have been received to
date.
U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
Development of HSC Subdivision will be constructed in one phase, beginning in late 2026 with
an anticipated completion date of early 2027.
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THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
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 May 24, 2022.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 11B-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 (1Vik'2), 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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• Eagle City Code Section 11B-2-4: Setbacks and General Lot Development Standards:
Table 2.2 Sub -Use District Dimensional Standards:
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
• Eagle City Code Section 11B-3-7: Landscape and Buffer Area Requirements:
1. 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 (T) 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:
(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.
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Exhibit 3.5
'�•V =.i
0.
COLLECTOR STREETS
Seac-•Evr. svn
2. 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-3-9: 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.
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 principles.
F. 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;
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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)
C. LAND SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 11B-11C-4: 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 11B-11C-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 1113-11D-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)
0 Eagle City Code Section 11BA ID-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with Section 1 F 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. (Ord. 895, 4-25-2023)
E. DISCUSSION:
• 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.
The subject property is a 5.63-acre parcel which was created as part of the Avimor Boise
County Phase 1 Subdivision, that was originally approved through Boise County prior to
annexation into the City of Eagle. The applicant is seeking to re -subdivide this parcel (Lot 2,
Block 1, of Avimor Boise County Phase 1 Subdivision) into four (4) commercial lots. The
minimum lot size proposed is 44,039-square feet. Eagle City Code Section 11B-2-3, Table
2.1 reflects that residential uses (Multi -Family Dwellings, Single -Family Attached Dwellings,
and Single -Family Detached Dwellings) are permitted within the Highway Mixed Use
(HMU) Land Use District, however no residential uses or densities are proposed or should be
permitted with this application.
The portion of West McLeod Way adjacent to the subject property is part of a separate street
construction package that consists of a proposed underpass to the west side of State Highway
55 that was approved by ITD in 2023. Construction of that portion of the West McLeod way
has not yet been completed as Avimor only recently received authorization to proceed with
construction of the underpass in December 2025 from the U.S. Army Corps of Engineers.
The construction of the portion of the street that abuts the Avimor HSC Subdivision should
be required to be completed prior to any commercial tenants obtaining a Certificate of
Occupancy.
Lot access should be taken from the proposed West McLeod Way. No vehicular access
should be permitted from State Highway 55 or Crowfoot Road.
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• Eagle City Code Section 11B-2-4: "Setbacks and General Lot Development Standards"
provides the following minimum setback requirements for the proposed Land Use Districts:
MIXED USE/COMMERCIAL:
• (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
However, Eagle City Code 1113-3-7 requires that setbacks shall be a minimum of twenty feet
(20') where a commercial use abuts State Highway 55.
The setbacks for the commercial lots proposed within the subject properr should be as
follows:
Minimum Setbacks:
■ Front:15-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:10-feet
■ From State Highway 55: 20-feet
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
2, 2026, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ 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 upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 00:17:02):
htti)s://eajzle-id.aranicus.com/pigyer/clip/2202
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COMMISSIONS DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of PP-2025-10 for a preliminary
plat for HSC Subdivision with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Commission and text
shown with strikethrough to be deleted by the Commission:
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 Avimor HSC Subdivision.
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. No residential uses are permitted with the approval of this application.
7. The construction of the portion of West McLeod Way that abuts the Avimor HSC Subdivision shall
be completed prior to the issuance of the first Certificate of Occupancy associated with the subject
property.
8. Direct lot access shall be taken from the proposed West McLeod Way. No vehicular access shall be
permitted from State Highway 55 or Crowfoot Road.
9. The minimum setbacks for HSC Subdivision shall be as follows:
■ Front:l5-feet
■ Interior Side: 5-feet
■ Street Side: 10-feet
■ Rear:10-feet
■ From State Highway 55: 20-feet
10. Applicant shall include an additional plat note that states, "All development within this subdivision
shall be consistent with the conditions of development within the development agreement
(Instrument No. ) and any subsequently approved modifications to the development
agreement." This note shall be included on a revised preliminary plat and final plat at the time of the
submittal of a final plat application to the City of Eagle.
11. Applicant shall include an additional plat note that states, "Lot(s)_, Block(s)_, are subject to a
blanket utility easement for irrigation, drainage, utilities, ingress/egress, and landscape and shall be
maintained by the Property Owner's Association, or its assigns." This note shall
be included on a revised preliminary plat and final plat at the time of the submittal of a final plat
application to the City of Eagle.
12. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to the
submittal of a final plat application.
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13. 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.
14. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
Eagle City Code Section 11B-3.
15. The Avimor HSC Subdivision shall remain under the control of one Property Owner's Association
16. The applicant shall provide CC&Rs that the Property Owner's Association 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.
17. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
■ State the days and hours in which heavy truck traffic is permitted to utilize the designated
route(s).
■ Maximize the use of highways and principal arterials while minimizing the use of local
residential streets.
■ State that compression braking is prohibited everywhere in Ada County.
■ Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
A Heavy Truck Traffic Plan that corresponds with each phase of development shall be submitted at
the time of the submittal of a final plat application.
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.
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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 Avimor Road Maintenance Association
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 Boise County, 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.
7. All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage system designed with a stub at
the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred 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(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 he 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.
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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.
11. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply with
the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner'sibusiness 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.
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C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and
shall be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities., street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
18. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
19. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
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.
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 Carps 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.
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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 11B "Land Subdivisions" until the final plat has received the approval of
the City Council (ECC I IB-11F-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 prior to the City Engineer signing the final plat. The financial guarantee shall be a
Surety Bond (Avimor Development only), Letter of Credit, Certificate of Deposit, cash deposit or
certified check.
31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years
following City Council approval the preliminary plat application shall be null and void, unless a
time extension is granted by the City Council.
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, County
Commissioners, City Engineer, and City Clerk.
33. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
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DATED this 16th day of March 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
AytST: OF
G1 ••�....... C •.
Tracy shorn, agle City Clerk
-
. 5� •*: • AL
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