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Minutes - 2023 - City Council - 03/13/2023 - Special EAGLE CITY COUNCIL SPECIAL MEETING MINUTES March 13,2023 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 6:00 p.m. 2. ROLL CALL: Present: GINDLESPERGER (remote attendance), PIKE, BAUN, RUSSELL. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS:None. 5. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC HEARINGS:Public hearings will not begin prior to 6:00 p.m ♦ Public Hearings are legally noticed hearings required by state law.The public may provide formal testimony regarding the application or issue before the City Council. This testimony will become part of the hearing record for that application or matter. ♦ Public hearing testimony time limits: Individuals testifying are allotted three(3)minutes for non-repetitive testimony. ♦ Disclosure of ex parte and/or conflict of interest. Brad Pike discloses that he has received a-mails both pro and con over the past year. They were not read and were forwarded to the City Attorney and the Zoning Administrator. They will not have any impact or bearing on his decision-making ability. Helen Russell discloses that she has received a-mails both pro and con over the past year. They were not read and were forwarded to the City Clerk,Planner Morgan Bessaw and the City Attorney. They will not have any bearing on her decision. Charlie Baun states he has received emails, and they were forwarded to staff. In 2003 he participated in the initial surveys of M3 (Spring ValleyNalnova) and Avimor. In 2004, he completed the Avimor wildlife mitigation, fire plan and recreation plan that was approved by Ada County in 2006. He was the Avimor Conservation Director from 2006 to 2019. In 2019, before starting the Council position he severed all contracts with Avimor. In 2006-2007,he assisted with the Eagle Comprehensive Plan where he did the open space and natural resource sections and resource mapping for the 2007 Comprehensive Plan which included the Avimor area of impact and commercial centers. In 2007 to 2014 he served on the Board of the Ada County Soil and Conservation District; the district holds a 600-acre conservation easement for Avimor. He was contracted in 2008-2009 by Sun Cor/Avimor and M3 for a big game survey and summary. From 2008 to 2019 he was contracted as the natural resource specialist for the City of Eagle, in 2019 he discontinued the contract. He reviewed construction related applications including those for M3 and the 2018 Avimor applications with a no conflict letter filed to the City. In 2009 he moved to Avimor, and in May of 2015 moved to the City of Eagle. In 2011-2019 he served on the Eagle Parks,Pathways and Recreation Commission,at that time Avimor trail planning was brought before the Commission. 2012 to 2019 served on the Ada County Planning and Zoning Commission during that time, he recused himself as he was contracted at that time. He assisted in writing the Ada County Comprehensive Plan which include a natural features analysis and the foothills area including Avimor. Over the years he and his wife have accumulated a number of acquaintances while living and serving the community, on March 3,2022, while dinning with his family he was greeted my Mr. Richter, he also spoke to Mr. Hadden nothing regarding this application was discussed with either of the gentlemen. He is not an owner or investor in Avimor, does not own property in Avimor, does not live in Avimor, does not currently have any contracts with Avimor, Page 1 i(ACOUNCIL\MINUTEATemporary Minutes Work Area\CC-03-13-23nnin.docx and has not received compensation since severing the contract in 2019 nor is there a conflict of interest.He does not have a bias that would prevent him from making a decision on this application. Gindlesperger discloses that she has received a-mails both pro and con over the past year. They were not read and were forwarded to the City Clerk. She has been approached when out in the community regarding the matter, she has made it clear to the individuals that she cannot discuss the matter as it is an active application. These interactions have not interfered with her ability to make an unbiased decision. Jason Pierce states that he has been approached by individuals when out in the community, but he has not discussed the application and it will not hold bearing on his decision tonight. Mayor Pierce states that midnight will be the hard cut off of the meeting tonight. If there is still testimony to be taken,then the meeting will be continued. A. A-06-22/RZ-06-22 & ZOA-01-22 — Annexation and Rezone with a Development Agreement and Zonine Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned Development Zonine District — Avimor Development, Sprine Valley Livestock,and First American Title as dual beneficiary trust: The applicant is requesting an annexation and rezone from RP(Rural Preservation—Ada County Designation), RR (Rural Residential—Ada County designation),Multiple Use Zone(Boise County designation),and Al (Prime Agriculture—Gem County designation)to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada,Gem, and Boise Counties. (MNB) Mayor Pierce introduces the item. Deb Nelson with Givens Pursley, 601 W. Bannock St., Boise, Idaho, representing Avimor. Ms. Nelson reviews the process to date including several workshops with the City Council. The application has received recommendations from the Eagle Parks Pathways and Recreation Commission and Planning and Zoning Commission. Ms. Nelson reviews the history of the Avimor Development. In 2006, Ada County approved a planned community with 839 residential units, 150,000 square feet of mixed-use commercial on approximately 900 acres. There are several amenities in the Village 1 area including a 13-acre park, 5 miles of pathways and 100 miles of foothills trails in all. There is almost 60% open space in Village 1. In 2011, Boise County approved a planned community of almost 5,000 acres. This approval included 1,750 residential units and 450,000 square feet of mixed-use commercial. Avimor has begun conversations with Gem County but has not pursued any specific approvals at this time. Regardless, if Eagle annexes,Avimor or not,they intend to continue to develop the land. Since 2007, the Eagle Comprehensive Plan has included the Avimor property into the Foothills Planning Area. Avimors proposal follows the Eagle Comprehensive Plan for this planning area designation. Over a 30 - 40-year period, Avimor proposes to develop 17,522 acres, 8,761 residential units and approximately 860,000 square feet of commercial uses. Ms. Nelson reviews the Avimor Master Land Use Plan,the zoning requested and the proposed zoning ordinance, Title I IB, associated with the development. If annexation is approved each subdivision land use map would require Council approval.Avimor would also have to submit a 5-year plan. A minimum of 50%of the land must remain as open space.Avimor has established a permanent non-city funding source for operation and maintenance of open space. Avimor's open space connects to Spring Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03.13-23min.dotx Valley and the BLM property. Ms. Nelson reviews the open space, including community and regional parks and pathways proposed as well as maintenance and development of the same. Pathway standards proposed reflect those applicable to the foothill's terrain. Discussion of required ITD mitigation requirements,the expansion of police,EMS and fire services.Avimor residents will pay their propitiate like other residents for these services should annexation occur. The developer has agreed to donate land for the co-location of police,fire and EMS, in addition they have agreed to donate a 7-10 acre site to each of the three school districts that serve Avimor.Avimor has agreed to build a new library building at market rates.A comparison of the economic study conducted by Avimor consultant, David Eberle vs a study utilizing the City's economic impact model by TischlerBise. Discusses their belief as to the cause of the differences in analysis, the main being that TischlerBise did not take into account that Avimor would be constructing the parks and pathways within the development, not the City. Ms. Nelson reviews the numerous benefits they believe annexation of this application into Eagle would provide to the Eagle community and residents. The applicant agrees with the conditions of approval excluding three regarding trails and pathways,and requests Council modify those three. Dave Powell, 2447 S. Vista Ave., Boise, Idaho. Powell is a Civil Engineer with RiveRidge Engineering, representing Avimor. His firm has been working with Avimor to establish pathway standards. A comparison was done between the City of Eagle's standards and the standards that Avimor is proposing.Mr.Powell states that the proposed standards meet best engineering practices. Planner 111, Morgan Bessaw reviews the staff reports for both applications before Council for considerations tonight, two separate annexation and rezone applications, as well as a zoning ordinance amendment.The applicant is requesting an annexation and rezone from RP,RR,Multiple Use Zone, and Al (zoning designations are from Ada, Boise and Gem Counties) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522-acre site is anticipated to include 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. The applicant is also requesting an annexation, rezone from PC (Ada County designation)to A-P-D (Avimor Planned Development) for portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision(657 acres). The Development Agreement does not apply, because this phase is built out. A total of 18,179 acres are located on both east and west side of State Highway 55. The property is contiguous to Eagle City limits. The 2007 Comprehensive Plan when adopted,included the Foothills Planning Area which included all land proposed to be annexed tonight,and included designations of Foothills Residential,Regional Open Space Overlay,Village and Community Centers and a Scenic Corridor.After staff review of worksheets and forecasts from the applicant regarding slope analysis and activity center projected density,the draft development agreement limits the planned development to 8,761 dwelling units,which is less than the estimated density within the Comprehensive Plan. Insufficient detail in the applicant's Master Land Use Map does not allow staff to confirm that build out will follow the Comprehensive Plan goals for transects and community and neighborhood center design. Staff is unable to provide confirmation of the project's sensitivity to existing foothills characteristics or whether the development is consistent with the opportunities and constraints map identified in the Comprehensive Plan. The sensitive hillsides/grading map has not been provided for review. The applicant is proposing grading intensities relative to desired use rather than based on existing geography. The proposed zoning ordinance amendment has been reviewed by staff, Design Review Board, Parks, Pathways and Recreation Commission and the City Engineer. The only unresolved issues are regarding the recommendation from the Parks,Pathways and Recreation Commission to utilize City trail code vs those proposed by the applicant. Further review of proposed zoning ordinance amendment. Staff recommends that Title 11 B require Sub-Area Plan applications prior to platting,to provide greater detail on the individual plats for review and approval by Council. Staff reviews application services including transportation (roadways), emergency medical services, fire protection, prosecution services, water and sewer service and library. Review of the Avimor Habitat Management Plan, Page 3 I(ACOUNCIL\MINUTEATernporary Minutes Work Area\CC-03-13-23min.docx Trails and Open Space, Fiscal Impact analysis and economic impact. Bessaw reviews the staff recommendations, should the Council choose to approve the applications. Vincent Trimboli,Idaho Transportation District,Garden City,Idaho.Mr.Trimboli states they have been working with Avimor, the City of Eagle and the other land use agencies on transportation mitigation improvements on Highway 55. ITD is working on a mitigation agreement, that is in draft form currently with Avimor. A traffic impact study(TIS)was conducted and approved,there are a number of mitigation measures being proposed that will be developer improvements. Discussion. Mayor calls a 5-minute recess. Discussion for clarification regarding the jurisdiction of the City and current zoning densities in Ada County for Avimor,between staff and Council. Mayor opens the public hearing. Mayor reads the names on the signup sheets, indicates if they are pro/con and if they wish to test. An overview of the testimony of those wishing to speak is captured below. The names and pro%on indication of those not wishing to speak are on the signup sheets attached to the minutes. Ed Gast, 5571 W. Hopwood Street, in Avimor. Mr. Gast believes that the annexation will give Eagle a powerful say and influence on how Avimor would develop. He feels that without annexation the development will be less cohesive being spread through three different counties. He encourages Council to vote in favor. Scott Keen, 567 W. Two Rivers Drive, Eagle, Idaho. Mr. Keen discusses the truths. Change is coming and Avimor will develop, it is not going away. He states that either 3 counties will guide the development, or the City of Eagle will. The other counties will not care about the citizens of Eagle,but if annexed our City Council will. Linda Laubacher, 2764 S. Lake Vista, Eagle, Idaho. Ms. Laubacher is against the annexation. It will double the size of Eagle.Few benefits will be seen by the residents.The strain of City resources would be great. Ms. Laubacher is concerned with the water supply for the development,as well as the slowdown of the economy. It is questionable that Avimor will be able to develop as projected which would cause a strain to City resources. She requests that Council honor the Planning and Zoning Commissions recommendation and deny the request. Lynlee Fertza, 390 E. Lake Briar Lane, Eagle, Idaho. The geographic basis apply for application hangs by a thread. And the category A status annexation,requires that owner consent and a footnote on a plat is not sufficient notice for the current Avimor landowners. Ms. Fertza also expresses concern with the adequacy of water services. She believes that the donation of land for schools is insufficient. The floodgates of foothills will open should Avimor be annexed into Eagle. The overwhelming majority of Eagle residents oppose the annexation. Ms. Fertza questions if any Council members own property in Avimor. All Council members respond that they do not. Discussion regarding water service provider. Frankie Edgar,797 Stierman Way,Eagle,Idaho. Ms.Edgar is opposed to the annexation. She does not believe that open space and horse trails would be of benefit as most residents of Eagle live in subdivisions and would have no use for them. She is concerned with the cost of building schools and fire stations even with the land being donated.Eagle should take care of their own infrastructure and improve them rather than takin on Avimor. If annexed, Avimor residents would greatly influence the outcome of future elections. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-13-23min.docx Discussion regarding access to open space and the foothills, as well as tax increases and school bonds. Mary May, 1839 Longridge, Eagle, Idaho. Ms. May has been an Eagle resident for 30 years, she is aware that change is inevitable. There has been planning for the last two decades for this development. Avimor has been good stewards to the land and has taken a good approach to construction and development as evident with their actions during the downturn. If Eagle does not annex, it will still develop but Eagle will have no say what the development looks like or how it moves forward. Layne Louis, 9148 N. Willow View, Eagle, Idaho. She owns 160 acres that abuts Avimor. Currently if she wants information on activities relating to the Avimor development, she has to interact with 3 different counties. If Avimor were to be annexed she would only have to contact one. Avimor has been a good neighbor and communicated well with them. She supports the annexation. Dillion Ludlow,Boise,Idaho. Development and changes are happening all around the valley. He feels that the Avimor Development team has done it well.If you have control over the development, it is a good way to go. Sheridan Hodson, 5772 N.Asissi Way,Meridian,Idaho. Mr.Hodson is in favor of the annexation. It does appear that if you look closely at the two financial analyses, taking into context who will actually be building the park, they actually both end up in the positive. Discusses the McLeod Family legacy, a great Idaho family the one they held onto was the Avimor development. There has always been the intent and path to be annexed into Eagle. Curt Mardock,4685 W.San Remo,Meridian,Idaho.Supports the annexation into the City of Eagle. He feels it will be a benefit to the City for decades to come. Mike Thomas, 597 E.Rooster Court,Eagle, Idaho. Mr. Thomas has lived here for 20 years. He is very pleased with the design. The Comprehensive Plan has been in the works since 2007 regarding trails and pathways. He has enjoyed utilizing them for equestrian purposes. He is pro annexation so that the City can impact how it develops. It will give far greater control to the City as opposed to if it were to stay in the County. Jay Combs, 409 Winged Foot, Eagle, Idaho. There was a lawsuit that involved Boise County and Avimor. He states that to be elected to office no qualifications are required, so the voters never know what they will get. The fiscal analysis was prepared two years ago and is basically useless, the economy has changed drastically and is volatile. A better financial review should be required. The Planning and Zoning Commission voted for denial. The Council is playing fiscal Russian Roulette if they approve this application. He asks that they be strong and listen to the people and deny this application. Discussion between Mr. Combs and Council. Arlynn Hacker,43 S. D. Lane,Nampa,Idaho. Ms. Hacker is an equestrian and uses the trails on a regular basis. Avimor has worked with the equestrians and encourages the Council to approve the development. Avimor is working to preserve Rocky Canyon and Little Gulch in the foothills. It is so important to preserve the open space for generations to come to use and enjoy. Matthew Rydzon, 759 E. Lake Briar Lane,Eagle,Idaho. Mr. Rydzon is opposed to the annexation and asks the Council to vote no. The main reason is that quality of life will be negatively impacted. The addition of 16-20,000 additional cars on our roads, even with improvements on Highway 55, will not be sufficient. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-13-23min.docx Russ Buschart,235 W.Floating Feather Road,Eagle,Idaho.He likes Avimor but does not feel that this is the right time for the annexation. There was no sensitivity analysis in the fiscal impact tool. Construction on the donated land will come at the costs of the Eagle residents. Mr. Buschart states that growth never pays for itself. The number of exceptions for control of the development are many,and not acceptable. Discussion regarding the land donation. Steve Bender, 1235 N. Seven Oaks Place,Eagle,Idaho. Mr.Bender is in support of the application. After reviewing the issues brought up by the Planning and Zoning Commission, he believes that they have been addressed. Avimor will develop, whether it is annexed or not. He would rather have Eagle guide the development rather that three different counties. Steve Basle, 1815 Stonybrook, Eagle, Idaho. Mr. Basle confirms that Avimor is part of a Community Infrastructure District. He feels that if someone else controls the development,then it is their financial problem,and not the City's. Expresses concern that property taxes would increase if Avimor were to be annexed. He wonders what the hurry is to annex into Eagle. Mr. Basle questions how many people will really use the open spaces in Avimor. Valorie Ruxton, 4552 W. Briar Rock, Eagle, Idaho. Ms. Ruxton does not feel that the level of development control does not exist in the development agreement. She highly recommends the proposed amendments by staff be incorporated. Ms.Ruxton also expresses concern that there may not be adequate funding for law enforcement services to fully fund officers. If funding is not available, how will the services be funded, or will the services not be offered? Margret Moses, 6070 W. Piaffe Court,Eagle, Idaho. Eagle already has a full plate of development coming forward. The schools are already maxed out and school bonds keep coming forward. The roads already need repair. Ms. Moses is concerned that the donated land will not be developable land. Avimor has not been developed to the same standards as Eagle. She encourages Council to wait on this. Jim Blackman, 802 N.Eagle Hills Way,Eagle,Idaho. Mr.Blackman is opposed to the application at this time. He is an economist and feels that a stress test is appropriate. Look at partial build out vs full build out. He encourages the Council to be restrained and listen to staff and the Planning and Zoning Commission,he does not believe the Council has the control they think they do. Tamie Bromley, 8856 Silver Spur Lane, Middleton, Idaho. Ms. Bromley boards horses in Eagle and has ridden horses in Eagle for the last 25 years. She encourages the Council to annex the property. Open space is extremely important for people to use. She is part of an equestrian rider's club that utilizes these trails. Equestrians spend a lot of money in the community. Michael Giudia,2777 N.Camerton Place,Eagle,Idaho. Mr.Giudia is opposed to the development. Eagle is known as large lot low density. Annexation would dilute what we know and love about Eagle. He does not feel that annexation is needed in order to become a good partner with Avimor. It is a well thought out plan, but now is not the time. He asks that the Council confirm what the Planning and Zoning Commission said and deny this application. Lynn McKee, 1887 W.Beacon Light Road,Eagle,Idaho. There are many good aspects to Avimor, but he is not necessarily in favor of it as presented today. He believes the City should grow from the core out,rather from the extremity or outskirts as Avimor is located. He is concerned with the cost to the current residents to support Avimor should it be annexed. Rebecca Roth,4514 W. Briar Rock,Eagle, Idaho. Ms.Roth is against the annexation at this time. She is pleased with the proposal of Avimor to preserve open space but is concerned with the cost Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03.13-23min.docx to the resident. The differences in the studies for the maintenance and installation of parks and pathways is of concern.Who will bear the ultimate cost? Discussion regarding the difference in fiscal models with the purchasing of land donation. Mayor calls a 5-minute break. Christopher Hadden,909 N.Morley Green,Eagle,Idaho. Mr. Hadden is not in support of this and asks for Council to vote no. He asks each Council member if they own any property or have any vested interest in Avimor. Each state no,they do not. Mr. Hadden reads text from Givens Pursley land use handbook. He does not believe that this application meets the intent of the Idaho State Code 50-222. Mr. Hadden feels there is an economy of scale when it comes to residents in Eagle vs those in Avimor. Cynthia Riley, 682 W. Headwaters Drive, Eagle, Idaho. Ms. Riley is opposed to the annexation. She is not opposed to Avimor but is to the annexation into Eagle City limit. In order for Eagle to agree to annexation, it should overwhelmingly be in favor of Eagle. The economic outlook is significantly different than when the analysis was done two years ago. Willy Lagwinski, 1788 W. Colchester Drive, Eagle, Idaho. Mr. Lagwinski believes that when everything seems too good to be true, there must be something wrong. He thinks Avimor should proceed on its own, and then see how they are able to succeed, rather than coming under the City. Now is not the time. Kurt Smith, 2502 W. Timber Drive, Eagle, Idaho. The majority of residents moved here for the same reasons.To annex Avimor it would make Eagle the second largest city in Idaho.With growth comes an increase in crime. Mr. Smith has concerns about several aspects of the development agreement.The fiscal analysis is outdated and should be re-analyzed. He feels that Avimor should develop on its own, building its schools and fire stations to meet the needs of their residents. Vincent Kane,313 E.Rigate Drive,Meridian,Idaho. Mr.Kane is the Principal of the charter school that will be opening in Avimor. Avimor donated 15 acres to be used for the construction of the school.The land donation makes the construction of the charter school more viable; it shouldn't be downplayed. Dan Corliss,5570 W.Parkridge,Boise,Idaho.Mr.Corliss lives in Avimor.He isn't very concerned as his life will change very little if Avimor is annexed in or not. Residents can go into Mr.Richter's office and bounce ideas off him, and that sounds like someone like the city would benefit from partnering with moving forward. Keeley Morris, 551 Eagle Hills Way, Eagle, Idaho. There are many things that are unknown, one being the financial future. The plan should be fiscally planned and known. Please deny the annexation request before you tonight. David Spitzer, 2570 S. Creek Pointe Lane, Eagle, Idaho. Current taxpayers could be required to address the fiscal inadequacies of the water and sewer facilities should the private parties find it not viable to run. He asks Council to vote know on annexation. Catherine Joslin, 2570 S. Creek Point Lane, Eagle, Idaho. Ms. Joslin is strongly opposed to the annexation. The annexation will cost existing residents too much money. The Planning and Zoning Commission recommended denial and the majority of people do not want the annexation. She encourages them to vote no. Ann Joslin, 1750 W. Washam Road, Eagle, Idaho. She does not share the vision of the McLeod Family, as it would change the small town feel of Eagle. Many do not see that annexing Avimor Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-13-23min.docx would contribute to the small-town feel. There is an illusion of control based on the language drafted by Avimor. Eagle's own Parks,Pathways and Recreation Commission did not recommend approval, and neither did the Planning and Zoning Commission. She asks Council to deny the application. Michael Hope,737 W. Headwaters Drive,Eagle,Idaho. Mr.Hope moved from the Silicon Valley four years ago. He has attended meetings and learned a lot about the workings of the City. He feels the Mayor and Council has been very open.Mr.Hope has a fiscal background and there are always two ways of looking at things. He is in support of annexing Eagle and suggests looking at the recommendations of the Planning and Zoning Commission. Jane Rohling, 582 Palmetto Drive, Eagle, Idaho. There are a number of things that she likes about Avimor but does not think that the City should take responsibility of it. While the Council was elected,they were voted for by a small number of the total adults in Eagle. There was no city-wide public survey regarding Avimor.The Council represents all the residents of Eagle not just the ones that voted for them. A postcard survey sent to every household would show how the people feel and it is the right thing to do. Brief clarification regarding statutory allowances and City Code relating to land use actions. Jamie Stone, 1394 N. Cross Water Way, Eagle, Idaho. Ms. Stone moved to Eagle in 2022. She is alarmed to hear of this proposed annexation. The monetary shift to the residents of Eagle if Avimor is annexed is of great concern. The financial analysis is outdated. There will be a significant negative impact to the residents of Eagle. Now is not the time to take on financial risk. She asks that Council follow the recommendations of the Parks,Pathways and Recreation Commission and the Planning and Zoning Commission and deny the application.If Council approves this annexation their legacy will be the ultimate destruction of Eagle as we know it. Peter Letford,976 N. Downing, Eagle,Idaho. Mr. Letford states that Eagle is a special place. He is concerned that at full build out the personality of Eagle would be impacted. He encourages Council to protect the gem that is Eagle. Judy Dahl, 735 N. Echohawk, Eagle, Idaho. Ms. Dahl first testified in 2017 at the hearing for Heron's apartments, it was a horrible development. It is important for residents to pay attention to what is going on and to speak up. She is trying to preserve and protect the community and Eagle's uniqueness. She is not in favor of the annexation. She does not feel that the Council has enough information. Steve Purvis,4933 N.Mountain View,Boise,Idaho. Mr.Purvis was a previous finance officer for the City of Boise. The prepared financial impact tools show inadequacies. They do not take into account the current financial climate. Eagle homeowners would be burdened by the annexation. He does not feel that the annexation meets the legislation of Idaho Code 50-222, and encourages the Council to deny the application. Denise Kimpson, 257 S. Silverwood Way, Eagle, Idaho. Ms. Kimpson states that the Eagle Planning and Zoning Commission expressed concern with the lack of control if the annexation is approved. How will the construction of the commercial development be ensured. The developer should donate the land and buildings for the police,fire,and library. She inquires why the Council sold the water rights to Veolia. Sally Bolthouse, 1588 W. Deadwood Street,Eagle,Idaho. Ms. Bolthouse has lived in Eagle since 1997. She is opposed to the annexation and does not see the benefits to current residents.You could end up with two business districts which would not be cohesive. She encourages the Council to not put the residents in fiscal risk. The council was voted in to represent the residents of Eagle, not Avimor. Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-13-23nnin.docx Steve Schaps, 275 N. Seven Oaks, Eagle, Idaho. Mr. Schaps is in favor of the annexation. The IDWR website shows all of the work done by M3 Eagle and Avimor to ensure that the water aquifers would sufficiently supply the developments and not harm existing services. It would be good to test and see if waters from Veolia, Avimor, Spring Valley (M3) and City of Eagle Water providers to see how they comingle. Judith Schwenk, 5952 W. Venetian Drive, Eagle, Idaho. Ms. Schwenk questions if the Mayor and Council have reviewed the public comment and how can the people be confident if the Council hasn't reviewed the public comments and know what the constituents want? Michelle Dell Colli, 153 S. Grandean, Eagle, Idaho. Ms. Colli raised her kids here, and now her grand kids. She does not feel that this is not the right time to annex Eagle. For several reasons including financial. Richard Mather, 1552 N. Lopez Way, Eagle, Idaho. Mr. Mather has lived in Eagle for 41 years, having raised his kids and grandkids here. Eagle Planning and Zoning has recommended to not allow this annexation and he encourages Council to listen to not only Planning and Zoning but the citizens that have testified stating the same. Please deny the application. Cindy Bahera, 1407 W.Deadwood Court,Eagle,Idaho. Ms. Bahera hopes that Council will agree with the Planning and Zoning Commission and deny this application. There are enough challenges with Eagle as it is. The application is too dense and exceeds the COMPASS long range transportation plan.She is concerned with the lack of control given to Eagle.If Avimor will develop regardless of annexation,then those open spaces will be preserved regardless of annexation or not. William Ziebell, 4365 W. Springhouse Drive, Eagle, Idaho. Mr. Ziebell discusses the Silicon Valley bank failure. He believes that the financial analysis is garbage, and that decisions need to made based on current financial information. He does not trust the Council to do the right thing, his taxes have increased, and the Council has changed his solid waste provider. Jim O'Donnell, 1660 E. Stonybrook Court, Eagle, Idaho. The development agreement is very Avimor friendly. They retain the right to sell the property without consent of the City. The City should have information on their financial security. The owner should provide some type of financial surety so that the City would not be damaged, perhaps in the form of a bond. The City standards of trail costs vs that proposed by Avimor need to be reconciled. Please deny Avimor based on the lack of favorable economic impact to the City. Harold Erb, 5805 W. Durning Drive, Eagle, Idaho. Mr. Erb loves Eagles like it is. Why roll the dice of Avimor annexation. Will the cost of living in Eagle increase because of the annexation? Avimor will expand no matter what,he just does not want to pay for it. Rodney Shriver, 2691 E. Margate Court, Eagle, Idaho. Mr. Shriver feels that there is an issue of trust. Decisions should be based on the data and encourages Council to do a financial sensitivity test. Take the time and get the data needed to make a good decision. Cathy Pennisi, 3675 N. Saddleman Place, Eagle, Idaho. Ms. Pennisi references the letter from COMPASS which states the number of homes proposed over the life of the project exceed the long range transportation plan. The letter also states that if developed as planned, it may shift development patterns northeast at high costs to future residents of Ada County and surrounding cities. Clarification is sought regarding the area of impact recognized by Ada County vs what the City has adopted and if this can even be considered if the area of impact is not recognized by Ada County. Ms. Pennisi appreciates the attention to habitat, open space and trails, but the projection for over 30 years is an unrealistic data view. The data view is best case scenario, but for context Council should be aware of the reality of what has happened. Ms. Pennisi reviews Avimor's Page 9 I(:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-13-23min.docx projections from 2006 vs what actually happened in regarding home construction.Annexation is a matter of convenience which is a weak reason to annex. The trails plan wouldn't necessarily be sacrificed as there are regional pathways and trails plans. Suggests that Avimor' s best path forward may be incorporation. Mayor Pierce provides clarification regarding Ada County recognizing the 2004 vs the 2007 Comprehensive Plan. Mayor Pierce states that testimony sign-ups remain and suggests Council continue the public hearings. Bann moves to continue the meeting to March 27 leaving the public hearing open and continue taking oral and written testimony. Seconded by Russell. ALL AYE...MOTION CARRIES. B. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. (MNB) See above motion. 5. ADJOURNMENT: Hearing no further business,the Council meeting was adjourned. Respectfully submitted: y''E ••••� • O TRACY FCDSBORN, CMC o coo O CITY CLERK �j •. J c,. , ' APPROVED: *.a a •```,,,,, JAS N kIERn MAY AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 10 KACOUNCIL\MINUTEATemporary Minutes Work Area\CC-03-13.23min.docx 3/24/2023 A AV MOR Eagle City Council—March 13, 2023 le �.7► �� L . y 1 Development Team Dan Richter, Brad Pfannmuller, Sarah Martz, y Shon Parks,Avimor Development Jeff Bower, Deborah Nelson, Givens Pursley LLP Dave Powell, RiveRidge Engineering f I Jason Thompson,SPF Water Engineering Sonia Daleiden, Kittelson &Associates, Inc. David Eberle, WD Eberle Consulting, Inc. Darby Weston, EMS Consultant 2 1 3/24/2023 Proceedings rJ - PPRC— recommended 1 > ! approval with conditions DRC— recommended approval i ID �---- r r -•--•- r� �-� P&Z— recommended denial l., i l Staff conditions are acceptable except some pathways conditions L 3 Spring Valley Ranch L Avimor Barn(Being Restored in Boise County) McLeods 4 2 3/24/2023 R --_ __a�A Ada County Planned Community °°S �� --� - •-� • Approved by Ada County in 2006 • Approx. 900 acres �... FR .em.. 1, Fos -. • 839 residential units FOS FOS I �= • 150,000 SF mixed use commercial Fa �.. Fos... -; f R I YR \ Fos y FR FOS FOS I Exhibit D 5 GPI Village 1 Area EISpring Creek Brewery jW ♦wo>vim., ��� 6 3 Slide 6 Gpj Givens Parsley, 1/15/2023 3/24/2023 "I.upV'MOR I • Boise County Planned Community • Approved by Boise County in 2021 • Approx. 5,000 acres L- 1—______i • 1750 residential units • 450,000 SF mixed use commercial i L � `aa I 7 J .-` Boise County — Phase 1 Three preliminary plats approved .ti totaling 461 single-family lots Commercial event center Sub Use District Legend vnr•.comm.ma-vcoY NIp1�.wY WwE tr.-NYU �`:Yl..- AYWtN,My 2.Yf2 N.FY°IIY t-SFt — l�r Ml WFw y2-SF2 N - ^� MWW F—ly 2-SF9 E.rr RwINMIW ER yW� 0p spw..OS 8 4 3/24/2023 Future Land Use Map REGIONAL OPENSPACE OVERLAY PROFESSIONAL OFFICE/BUSINESS PARK MIXED USE TRANSITION OVERLAY FOOTHILLS RESIDENTIAL ___l DOWNTOWN COMMUNITY CENTER AGRICULTURE/RURAL VILLAGE/COMMUNITY CENTER SCENIC CORRIDOR ESTATE RESIDENTIAL =COMMERCIAL FLOODWAY LARGE LOT INDUSTRIAL / NEIGHBORHOOD PUBLIC/SEMI-PUBLIC COMPACT BLM PARK INFILL/HIGH DENSITY EAGLE ISLAND SPECIAL USE AREA Avimor Avimor has 2 Community ■ i I Center nodes, which �`"'°'" ', SpnngValley support 6-10 units/acre. vvwh er rh 9 i LL � w e[b.u� -�,.�n°a�reaure[na�,l. et if 9 North Eagle Foothills Transects Land Use Districts TrahwCl DeJCnpDw Dm , Mlwtrallon Repau:Opelr SD.n Caton D'W-a mJ'n«e t nam.nx'a RRmr�''tpxt rr n pnae Or 0.'E•E Mae.t a n«t CM ��u+`,` ^` Delmar« MnpnikrD.LJt Cautba Wrt«xror+wngdmetngba MD«M.[.N4M m:rnnp;tma t' unypW M teMnrnld!b IDDEq•atrl}ny6Mrq,o-.eprbbn'a3 m[aM erMp elM armMrD arm tJekMtdrr+amal w�mbaaDro,�m.npan..mnq roa.uemnt[onarla Ml nmara^nk Rarr:�wh'e °'^e^I'ro De./hp«Jnl weD"t^nnJM tadrk�[:°De rwtn,bw:Jn+e•Yana.tlnekanrn n+ralx �.�b}� ne Okebrrltn.w.nbmae wJapn J«elEpmrl.nnanm.lh?SUraa Nbhww G«nrgrorn ^"x'tQ s1n !� n M ant NMm mE4M J n.rmum.d s±n tp^wxe ';�':. . ', -musndm^etnnr�wgt la nhae^or ann Dknt'q nnn�nnec nE+rwx�t mMxep aro dat, ' R,r.[sblet mal4 sgaMMmnJ�^ryWbxEYnmaMk naNm[mataf.Mn maf Dt nuM nntO a?JCR ardor lunll Der;xnl alter =... en;nq nthewnt mar D<uwr a D'aMe a Jenm apn.pxe pannm rD D'Ek[wh DI n.ky kaNres f"' t''9+_. - nmany wLMn nnrrw"Wmrn arms h J w(w�.n.t akChetl Rw.np;rDt S.Dax.a rU WEYi+nq SvMr4x nrinaDe Anon Debt menum..2h Uwes;xneW�y a[J.ra xEw J'mk d:amm�i'y eerpnDa^aN :sumo qr+%n [rnn Wl MvrJ'yxwnnngkMe nJhrr kxunf E'Me baP�M CMtb^npm«pvNDb enwn '� ngn.emr.ngar ran«gnEJrnwtl wen wxeillage Residential �M.kt J'a m,reJ.x wl prrF'r rnnrrbr uman'Jn A nn J nke nnpe d E..my'eRb.^ne Q—T'..JDn •a-se rn n e.ewa.a ra xa<awq.m..+.w S++n..'e.�N.^ru.e n«..^.r..a. Jana pe•!xn xreD ro-n.?'maJ d tomnrw,a negnbnoge trwt ou.mrr nh x<ab'p ro r iutu.4rwn d«e� 'pawn l g087 xniM wn Mew Crenam,.o[antlN!ev nlennhha MMeen J'Ynr anJrdkUarroNrgn Min,1f ntl Mar d10 nnghDMphtl Cenlo-D CCMkttNagne•Dennh mnpu.e OvYanp tryef mMa[CmmJDMJ nM dkn mn nautn eN JpMVnrn•a .mn Dn x'e bJ unmJpppDi fati+�m.^lM1gm dfbeen^:n mtlr t'OlMll tba!T71.1 p.navp"4 W."W.flaebUe m�nrum d4N C�MJ ' hruges 're ..;• . n� Yea rr' illage Center C(.^mun«'enl agpq�mJkl 1pp150nn.m.ae:a.tn J'm.+plM an.n wl^.me inak,l+nnh o'uwa Waco! Vn derE\U•d Iq + 1 ,I� en Dn•rnngt El npmr.mm�anp nmp.a.eugernaatanebn«e:Enrtrl.nE««W texa olanE^q ,mn x'rnb*aat� �xe�euDe: .nJ wannq xlUaemme acnUpn nommm°m al aver -...., » I ._..Jane Jma '��. 10 5 3/24/2023 Clustered Transect Model Versus Rural Estates M l l OR t 11 Project Overview Avimor* If5pring Valley Development Area 17,522 acres 6,017 acres Unit Max 8,761 units 7,160 units Residential Density 0.5 units/acres 1.19 units/acres Spring Valley is 2AX denserthan Avimor Minimum Open 50% 40% Avimor has 6,354 more Space (8761 acres) (2407 acres) acres of open space * Excluding Village 1 12 6 3/24/2023 AVIMOR ff r I Master Land Use Plan I I ji _ r r — t L �^ r , Land Use Districts r- I - r r✓ 1 I t•sr+ r-- i 1 � L _ 13 Zoning - Land Use Districts ;: Erf-M M_ Sub-Use Districts AVIMi Maetr UML..d U U-p Pis. t.s.ra VILLAGE RESIDENTIAL f•;�„ — �.' .�— wgle Family I gross acri.. Detached NatC i L J � 1 (SF2) 9Unitsper 4,500s.L 60% Font Garage:18' Sin&4.mily gross acre Side Garage:10' r Detached Living:10' a Interior Side:S' O See Note 1 Street Side:SO' 35' L, `)ai �•:W O q L Rear:10' , I �- ! •— Alley Garage:5' i 4- EI L-_—— �_, 13 L_I � . _ m 14 7 3/24/2023 Single-Family 1 Sub-Use District Land Use Examples TABLE 2.1—LAND USE TABLE V N M C N R E S S SF SF S MF MF MF COS ROS RE CO P1MU CS C M U C C R R j F F F ZL SL F 1 2 3 O U 1 2 3 A M RESIDENTIAL Accessory A A A A A A A ., A A A A A A A A P P P Dwelling Unit' Dwelling, P P P P P P P P P P P P P P P P P Multi-Family Dwelling, P P P P P P P P P P P P P P P P Single-Family Attached Dwelling, P P P P P P P P P P P P P P P P Single-Family Detached Equestrian P P Lot' Uving A A A A A A A A A A A A P P Quarte::: Access 1s Boise County — Phase 1 Subdivision Land Use Map J Master Land Use Map 1.5 I j sun Use amlet L.O.nd j rE 0n ..oc �--� moeamr 16 8 3/24/2023 Required with each Subdivision Land Use Map 1. Subdivision Land Use Map— must show compliance with Master Land Use Plan and compatibility with surrounding designations/uses 2. Parks, Pathways, and Facilities Map —show compliance with Master Open Space Plan 3. Conservation Director Approval —show compliance with Habitat Management Plan 4. Project Totals— provide total units, open space, and conservation land tally 5. Transportation Studies—show traffic impacts are mitigated; provide construction truck traffic plan 6. Services—show area is served by essential public services 17 CONCEPTUAL PLAN* Five Year I AvImo►2022-2027 Plan ( � - 9 I`��fii \\ ,/'. T �. ? 4 ,, 3 1 ----— — n. ~ gVIMON n .....r. 18 9 3/24/2023 AVIMOR ✓ Open Space Plan I Legend ,__J Li i o , - � j I_ -F r• L_. - o� Lana Use IM L--I - _� 19 Improved Parks :,er�l'cy's+�,...- ,:- •,,,�Via`.^ - ". ,.., ,tw'`':;� . .'. °:.;.r+r::yN � ,`A •��� try '.-�F�''•�..� � �/�jl } h!w♦may.,. -, � fi Heritage Park i. South Park 20 10 3/24/2023 AVIMOR ✓ Open Space Plan f Legend J , of Land use ......... -- 21 Rocky Canyon Park - 0 t i 4� � r 22 1� 3/24/2023 AMMO Y ! Little Gulch " ' - ., .. I __-1 City of Eagle/GWC Capital Land Donation&Adjacent Public Ownershipvp December 20,2022 .116 •o^ � E�t,.ew., :$� a�,yi�.r�'tyf�i.�isl t�.:�'d "`�* T BLM I 1 23 Community Pathways Neighborhood Pathways SW 3—FlUt { t�. t 24 12 3/24/2023 Regional Pathways j ' �_:eg�enzl Pa__thwav-CDnuete e. J { i i RBOI01181 Pathway Asphalt Ptvin_q 111 F"q_t 0 to s^ace 25 NATURAL SURFACE TRAIL MAP 9. IMPROVEMENTS' PROPOSED NETWORK City EXISTING NETWORK Master PAVEOPATHWAYS Master JJ L.0 NATURAL �j5 SURF ACE TRAILS { - Plan EXISTING iRNLHEAU UIIW C"ACK Re91mW "' Ow Space anA T 'epee PROPOSED NETWORK ^•^^•PATHWAY ........WALKINGIBIKING EAGLE A .,, � . w. CORRIDOR th n R WATER TRAIL �' PnTHWAY BRIDC£5 CANAL PA TM WAY .'env... PROPOSED SPOT Re e IMPROVEMENTS NATURAL SURFACE TRAIL •' =•�°m _ i^-�- !' ,.,-..m IMPROVEMENT • PATHWAY BRIDGE •'.• % 9 • PATHWAY UNDERPASS WATER TRAIL D�11 IMPROVEMENT - Iry IMPROVEO TRAILHEAU : �•• �„ F .0.w as .+e..e BOUNDARIES A G L IS .!I P THNAY UNDERPASS CITY OF EAGLE L ,e. •� �' ^ ? -e anrcne Ro++ "i uIRS TR ELM LAND e...e�� ! ....�...!;- i R E R i T R t L S ... CITY PARKS ••••^. �• •.. t � c W a• i .��+•�`- - `'t- WATER TR AIL M D EMGN_ 26 13 3/24/2023 Avimor 4 i1A. ♦ r r r i nal Community Pathway Neighborh 27 a y<` y a v � - , G t • M1 Foothills Trails t A^ AVI 28 14 4�a , 3/24/2023 MAP 9. PROPOSED NETWORK City EXISTING NETWORK Master P-EDPATI—AIS NATURAL SURF ACE TRAILS Plan IIXIWING iR.uLHEAU U.O—S—G�I,.R I TmrMed PROPOSED NETWORK PATHWAY WAL.NG/EIIKING EAGLE CORRIDOR WATER TRAIL P-1 BRIDGES CANAL PATHWAY PROPOSEDSPOT IMPROVEMENTS NATURAL SURFACE TRAIL IMPROVEMENT 0 PATHWAY BRIDGE 0 PATHWAV UNDERPASS \N—TER TRAIL IMPROVEMENT 10 IMPROVED I RAILHEAD BOUNDARIES AGLE-' PAT—UND CITY OF EAGLE . ... .• RIDGE TO m�LAND ..... ... ........ ... ........ CITY PARK$ • Elf." RIVERS TR A IL', WATER TP NL 29 Water Conservation 11�1 WIL611 dew 30 15 3/24/2023 Water Service ,__ji:j rsJ , RV,MOfl FROVERTY i City of Eagle Water Service Area 1 i J I L-3 SAGE _ L t----11 Veolia Water Service Area L \ N \ 31 Wastewater HOW WATER IS RECLAIMED { AT AVIMOR 0 V �. O sv • � 32 16 3/24/2023 Replace the at grade McLeod Way Pall Complete occupancy of I T D Mitigation Agreement ccess with ,de right-outonly 1,450residencnces the Avimor access for both NB and SB SH55 and Development. construct grade separated intersection north of right-in/right- • $5,000 proportionate share fee per unit out access Construct a grade separated Completebyoccupancyof Agreement lists projects Avimor will fund and intersection at the realigned 2,200 residences in the Avimor SH55/Avimor Drive i ntersection Development. Construct,separate from proportionate share fees Realign SH 55 plus widen to 2 lanes in Complete by occupancy of each direction from north of the 2,200 residences in the Avimor canyon(approximately MP 51.5)to Development. _ north of McLeod Way(approximately -- MP 54.0) Potential full access;construct NB and Complete with final platting of SB right-turn and left turn lanes; adjacent subdivision phase. _ subject to sight distance standards Construct NB left-turn lane Complete with final platting of adjacent subdivision phase Widen SH55 to 2 lanes in each ITD When conditions warrant and ' direction from 1,500 ft north of funding is available _-- - Brookside Lane(approx mately MP 48.7)to north of the canyon (approx mately MP 51 5) r � .—AL Complete improvements to fTD When conditions warrant and +' *•' ^� ` �" -�� �"—'` SH55/SH44 intersection to address funding is available growth in regional traffic volumes Complete widemng of SH55 to three ITD When condmons warrant and improvements to ad :.:.„ lanes and other necessary funding is ava fable dress growth - B f� regional traffic volumes 33 Grade Separated Interchanges Q s1 lit� pp Vo Gy A •R H(�1 \, m es 1 C. 1 � 9 \ .`. ® ti I� 34 17 3/24/2023 Police, Fire, EMS Service IF c t � 1 t � Q� 35 Avimor Community Watch 4 S e Ms A 36 18 3/24/2023 School Districts Development Agreement requires donation of 7-10 10 acre site donated, acre school site for each district serving the Property opening Fall 2024 F,ST. /I VA VY I t95o � � , I West Ada Emmett#221 Horseshoe Bend#73 Classical Academy 37 Public Library x P 38 19 3/24/2023 Eberle Economic impact Study I TABLE E—FOURTEEN NET FISCAL IMPACT-EAGLE 2023-2059 Revenue Operating Revenues $67,066,000 Commercial and Residential Property Tax $66,725,888 State Revenue Sharing $42,884,111 Franchise Fees $10,508,388 Library Revenues $15,099,000 Permit Fees $26,252,997 Other Income Inc.Court Fines $374,799 Development Impact Fee Revenue $11,734,000 Miscellaneous $8,872,062 Total Revenues $93,899,000 Total Revenue $148,735,771 Expenses General Government $46,934,719 Total Operating Expenses $65,630,000 Public Safety $40,911,775 Capital Costs $37,271,476 Parks and Streets $21,282,077 Culture and Recreation,Including Library $22,766,154 Total Expenditures $102,901,476 Capital Outlay $14,663,145 Parks LOS Adjusted $8,358,438 Debt Service Interest and Principal $1,173,909 Adj.Total Costs $94,543,038 Total Expenses $147,731.780 Net Fiscal Impact $1,003,992 Net Fiscal Impact -$644,038 39 Why Annex? • Fulfills Eagle's comprehensive plan vision • City gets a say in how the foothills are developed and protected and gets tax revenue from development that is occurring in the counties. • Protects over 8,700 acres of open space; estimated value of$100M • Hundreds of acres of developed regional parks to serve Eagle residents • Secures public access to funded network of recreational trails • Land donations to: school districts, police/fire/EMS, library • Advances $70M+ in regional transportation improvements to SH55 • 2,400 new jobs annually for life of project; over 900 permanent jobs with annual payroll of$64M • 600-800k SF of commercial uses, adding to Eagle's tax base diversification • Long-term pipeline of variety of housing types to serve Eagle residents 40 20 3/24/2023 Requested Removal of Conditions • Condition No. 5: Requires adoption of City Code's Trail and Pathway Regulations. • Not needed because Title 11B includes foothills-specific, ISPWC- compliant, trail standards that recognize the topography, vegetation, and extensive open spaces in the foothills. • Condition No. 7 — Requires giving city control of trail access, recreation programming, and management. • Not needed because ASO, with City input, funds and manages trails for residents and public use. • Condition No. 8 — Requires city approval to change trail difficultly. • Not needed because ASO Board, including City member, makes decisions on trail location and design. 41 Pathway Standards At SSOMAI � y 56 G.PQ 42 21 3/24/2023 A AVIMOR Thank You W 43 22 �pF Ttrt. z �• � o virtnnp PI ,nmmcn nr:vP'_OPMENT H � A-06-22/RZ-06-22 & ZOA-01-22 AND A-14-22/RZ-19-22 City Council March 13, 2023 City Staff:Morgan Bessaw,AICP,CFM,Planner II I Phone: 208-939-0227 E-Mail: Project Summary: `The applicant is requesting an , annexation and rezone from RP ?(Rural Preservation—Ada County =desiggnation), RR(Rural Residential—Ada County designation), Multiple Use Zone (Boise County designation), and Al(Prime Agriculture—Gem County designation), to A-P-D- _ DA(Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to ;establish development standards and processes for the Avimor •Planned Development Zoning District. The 17,522-acre site is anticipated to include 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. Village One Master Land Use Plan Project Summary Cont.: The applicant is requesting an annexation, rezone from PC (Planned Community— Ada County designation) to A-P-D (Avimor Planned Development) for portions , of Avimor Subdivision No. ' 1, Avimor Subdivision Nos. 4-11, and Avimor ' Townhomes North Subdivision (657 acres). Development Agreement does not apply. Vicinity Map: • The 18,179-acre site is located on both the east and west side of State Highway 55, approximately three miles north of Dry Creek Road . • The project spans Ada, Gem, • and Boise Counties. • The property is contiguous to the Eagle City limits on its southwest corner, adjacent to the Spring Valley Planned Development. Annexation: • All land is considered a Category A annexation. • Category A Annexation: All private landowners have consented to annexation. Annexation where all landowners have consented may extend beyond the city area of impact provided that the land is contiguous to the city and that the • comprehensive plan includes • the area of annexation; ••� . In 2007 the City engaged in a public Comprehensive Plan process to write a plan for the foothills.At the end of the process,the Foothills Planning Area was adopted and included all of the land Avimor is proposing to annex within all three counties. It was the vision of the community during that process that development within the foothills be in a series of small hamlets, providing areas of urbanized development nestled into the natural environment,and that land use designs should ensure that each development area fit into the natural ow systems of the foothills regarding topography,habitat,and drainage, opposed to significantly altering the natural systems to allow for development. Development suitability in the attached map was determined using the following criteria as restrictions: publicly owned land,slope,floodways,theoretical big lob-AN FOOTHILLS OPPORTUNITIES & CON • game habitat theoretical mountain quail habitat, sensitive plant species,and visual sensitivity. I , Foothills Residential is a unique combination of land uses within • • ' • ' • • ' the Eagle Foothills that strives to balance residential,non- residential,and open space(developed and natural)use to create • ' . • unique hamlets of development that place urban development within the natural environment without overcrowding or ' • • ' • • • significantly altering the natural features found on the site. Regional Open Space Overlay areas should be designated to capitalize on and expand the open space areas around natural features and environmentally sensitive areas.Priorities for preservation include slopes in excess of 25%,Open space area within the Foothills should be designed to function as part of a larger regional open space network.Where possible,open space should be located to be contiguous to public lands and existing open space areas. Village and Community Centers are intended to serve as mixed us centers for goods,services and employment for areas that are removed from downtown Eagle.Uses and residential densities are based on location. • Scenic Corridor is identified along State Highway 55. • The North Eagle Foothills planning area states that the • • overall density of the unconstrained portions of the foothills should remain rural(1 unit per 2 acres)with options for clustering the base density into transects. • Community Centers:These are the highest intensity use areas in the foothills.They should act as density magnets to begin building the transects as described in this section.These are areas for the clustering of densities from more rural and open space areas. Mixed Use Community Centers should be approximately 100-150 acres in size and allow up to 350,000 square feet of gross leasable space.If residential uses are provided,they should account for no more than 25%of the gross total area of the Community Center with allowable densities of up to 8 to 10 units per acres. Neighborhood Centers:These centers have higher density mixed-use building types that accommodate retail,offices,row houses and apartments.These centers,though not mapped,should be located at key collector and arterial intersections within the residential areas of the foothills.Residential uses should account for a minimum of 50%of the gross developable area of neighborhood centers and are to include residential densities of up to 6 to 10 units per acres. I , A� Comprehensive Plan . w • The North Eagle Foothills planning area states that the overall density of the unconstrained portions of + % the foothills should remain rural(1 unit per 2 acres) - w with options for clustering the base density into transects. • Transects are a pre-described guideline or pattern for constructing the built environment.Transects help establish a flow from activity centers into natural areas. • The applicant did provide a comparison in their T" presentation between the Comp Plan's r+ry recommended transect design and their design. However,with the current code as proposed, it would be difficult to verify if future phases were being design in the same fashion. (i Foothills Visual Sensitivity At Tj ------------- 6 Comprehensive Plan Compliance: • The applicant has provided a worksheet stating there are 9,875 acres of lands with slopes less than 25%, which based on the Comp Plan proposed densities of 1 unit per 2 acres for unconstrained lands would support 4,937.5 dwelling units on the property. • The applicant forecasts they will have 480 acres of activity centers; using a projected density of 8 units per acre for these areas the applicant forecasts an additional 3,840 dwelling units, for a total count of 8,777.5 dwelling units. • The draft development agreement limits the planned development to 8,761 dwelling units, which is less than the estimated density identified within the Comprehensive Plan. f Comprehensive Plan Compliance: • However, there is not enough detail in the applicant's Master Land Use Map to know whether the development will be built out in compliance with the Comp Plan goals for transects and community and neighborhood center design. • It is unclear if the project will be sensitive to existing foothills characteristics including visually sensitive areas and existing sensitive landforms or whether the development is consistent with the opportunities and constraints map identified in the Comp Plan. • No sensitive hillsides/grading map exists. The applicant is instead proposing grading intensities relative to desired use rather than based on existing geography. (ex. Extensive grading permitted in commercial areas and minimal grading permitted in residential areas). Ii 3/24/2023 AVIMOR ✓" , Master Land Use Plan Legend r , i I j L ILand Use Districts r—_J ......-- - rJ ....< t I �1 13 • • i • • 1 ' • COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Ebakii; Foothillsresidentialwith open space overlay, RP(Rural Reservation—Ada County Designation), AvimorPlmnedDevelopment mduadevdoped foothills multiple community cmtwr coda scene RR(Rural Residential—Ada County Designation), corridor. PC(Planned County—Ada County Dmgaation�AI (Prime Agriculture—Gem County Designation) PeaposM No chaag im e—Nuested. AP-D-DA(Av or Planned Development with a Avirror Planned Development with minimum 50%open space Devel opmmt Agreement)and A-P-D(Avirnor dedication Plmoed Development) North of site NA(North of site is outside the boundaries of At(Prime Agriculture—Gem County Designation) Undeveloped foothills the Eagle Comp Plan) South of site Foothills residential with open space overlay, RP(Rural Preservation—Ada County Designation), Mix of Avimor Phases 1-3,undeveloped foothills,and single family multiple community centers,and a scenic RR(Rural Residential—Ada County Designation), residential. corridor. PC(Planned County—Ada County Designation), East of site NA(East of site is outside the boundaries of Multiple Use Zone Undeveloped foothills the Eagle Comp Plan) West of site Foothills residential with open space overlay. RI-DA(Residential with a Development Spring Valley Planned Development Agreement) 14 7 I , Zoning Ordinance Amendment: Title 11B • Avimor is proposing the adoption of a new zoning ordinance; Title 11B. The provisions of Title 11B will only apply to the lands located within the Avimor Planned Development. • This title is similar to Title 11A, the Spring Valley Development Ordinance, which applies only to the Spring Valley Planned Development. • Under proposed Title 11B, a new zoning designation called Avimor Planned Development or A-P-D, will be created. Title 11B establishes development standards and processes for the A-P-D zoning designation. • This code has been reviewed by staff, the Design Review Board, the Parks, Pathways, and Recreation Commission, and the City Engineer. • The only unresolved issue in the Zoning Ordinance is 11B-11D-7 Foothills Pathway and Trail Regulations, which details the applicant's preferred trail and pathway standards. Zoning Ordinance Amendment: Title 11B On April 16, 2022, the Parks, Pathways, and Recreation Commission reviewed the Avimor proposal. • They unanimously voted to recommend approval of the application with the condition that Avimor utilize the City's existing trail code. • This would provide consistency of trail standards across the City for all developers and is beneficial because: • Different classifications and construction specs would complicate the review process. • Different trail construction methods and standards would complicate Public Works operations and capital maintenance for City maintained trails. • Ensure that the City is not locked into one standard for the next 30-40 years when we do not know how the trails will fare. • The City standard produces high-quality, long-lasting trails. • Additional Conditions were provided and are outlined in the Development Agreement. I , Zoning Ordinance Amendment: Title 11B • Chapter 1: Zoning Interpretations , Chapter 8: Area of City Impact and Definitions , Chapter 9: Historic Preservation • Chapter2: Land Use Districts Chapter 10: Minima! Property • Chapter 3: Design Review • 3A: Village One District Design and Chapter 11: Land Subdivision Development Standards • 36: Boise County Phase 1 Subdivision 11A: General Subdivision Provisions Land Use Map • 11B: Subdivision Plats and Procedures • Chapter 4: Specific Use Standards ' 11C: Subdivision Design Standards • 11D: Required Subdivision • Chapter 5: Off-Street Parking and Improvements Loading • 11E: Special Development Subdivisions • Chapter 7: Zoning Administration • 11F: Subdivision Administration and and Enforcement Enforcement Title 11B: • Title 11B identifies six Land Use Districts: Village Center,Mixed Use/Commercial, Village Residential,Foothills Residential, Open Space,and Village One All parcels must be further identified within a Sub-Use District prior to development. • Sub-Use Districts are identified in 11B and specify the appropriate lot area dimensional requirements and permitted uses for parcels. Title 11B describes which Sub-Use Districts are appropriate within each Land Use District. I 1 Sub-Use Districts • Village Center District:The Village Center District is the heart of the community and the main activity center where community, residential and cultural activities occur.As described in Table 2.2,the allowed Sub-Use Districts in the Village Center District include: • 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: 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. • Foothills Residential District:The Foothills Residential District provides for residential neighborhood uses and supportive Accessory Uses such as Farmers'Markets,Schools,Vineyards,Community Centers and other complementary uses. As described in Table 2.2 allowed Sub-Use Districts in the Foothills Residential District include • Village Residential District:The Village Residential District provides residential neighborhoods with a range of Lot sizes and housing types depending on location,site conditions,and market influences to create a community that emphasizes housing diversity.As described in Table 2.2,the allowed Sub-Use Districts in the Village Residential District include: • Open Space District:Open Space Sub-Use Districts consist of a districts.Community Open Space and Regional Open Space are allowed within any Land Use District. Title 11B: • The Village One land use district consists of the developed portions of Avimor that were previously approved through Ada County. • Those sub-use districts are unique to Village One and mirror the standards that were approved by Ada County. • The Sub-Use District standards are described in detail in Title 11B. 1 3/24/2023 Boise County Phase 1 Sub division Land Use Map Title 11B Cont.: • The portion of Boise County that has received preliminary plat approvals from Boise County has jy also received sub-use district designations. • Boise County's Sub Use District standards are not unique to Boise County and will be consistent with the sub-use districts identified throughout the rest of the development. • The Sub-Use District standards are described in � detail in Title 116. �' • The remainder of the land use districts do not have sub use districts identified at this time. However, sub-use districts will be designated at the time of preliminary plat. Each Sub Use District designatio21 will have to comply with the Master Land Use Plan. AVIMOR Masta Land Us.Plan Title 11B: • At the time of preliminary plat review, Avimor would specify which Sub-Use Designations they were proposing and demonstrate that they are in conformance with the Master Land Use Plan. • It is important to note,under the provisioLJ ns of Title 116,Avimor would be permitted to ID 22 submit preliminary plats for development following annexation and no other long range planning applications would be required to demonstrate compliance with the Comp Plan. • This is in contrast to Title ilA,which governs the Spring Valley Development, which requires the submittal of Planned Unit Master Plan applications,aka PUMPS. • PUMPS are master planning documents ' that demonstrate the project is in "Compliance with the DA and Comp Plan and designates sub-use districts at that time. Compliance Reviews: The development agreement as proposed requires the developer to - meet with the planning staff onceper year to review development completed in the prior year and the ',;• _ development anticipated to be commenced or completed in the ensuing year. ;;; ,• ; At each annual compliance review,he Developer is required to provide the City with a Five-Year Plan for the Project to aid in discussion relative - to anticipated future development. 1 itle 11B Staff recommends that Title 11B be revised to include the requirement of Sub-Area Plan applications prior to platting to help identify big picture issues that will be hard to identify at time of individual plats including: • Designating Sub-Use Districts ahead of platting • Evaluating compliance with the Comprehensive Plan by reviewing • Grading plans identifying sub-area topography and identifying slopes for preservation versus development • The full Community and Neighborhood Center Design as well as densities • Transect build-out transitioning from urban centers to open-space • Connectivity of regional and community level trails and pathways • Connectivity and anticipated build-out along collector and arterial roadways Zoning Ordinance Amendment: Title 11B SUB-USE MAXIMUM MINIMUM MAXIMUM MINIMUM SETBACKS MAXIMUM ', Spring Valley Single-Family Residential Uses '. DISTRICT DENSITY LOT AREA LOT HEIGHT COVERAGE pistrict Maximum Minimum Minimum Maximum AVIMOR FOOTHILLS RESIDENTIAL Density Lot Area Setbacks Height ' (RR) 1 Unit per 2 1.0 Acre 35'%o Front Garage:30" '. ` Rural Gross Acres �Idje Garage. Suntper? l0acre Front garage.50'grus<a:ree Side garage.30' Residential ng:25' Living:40erior Side:10 1Interior side:20' See Note 1 Street Side:20' Street side:30' Rear:20' Rear:30' (ER) 5 Units per 3,500 sq.ft. 40' Estate gross acre eGarage 15' (ER)Estate2 units per 0.3 acre 35' residential gross acre Side garage:25' Residential ing:15' 'Living:25' k nterior Side:S' interior side:10' See Note 2 I' treet Side:15' t Street side:25' ac 20' Rear:30' - I Spring Valley Single-Family Residential Uses 9 District Maximum Minimum Minimum Setbacks Maximum SUB-USE MAXIMUM MINIMUM MAXIMUM MINIMUMSETBACKS MAXIMUM Density Lot Area Height DISTRICT DENSITY LOT AREA LOT HEIGHT COVERAGE (SFl)Single- 5 units per e,lX)D sa.h. 3S' family I grossacre Side garage.15' - AVIMOR VILLAGE RESIDENTIAL detached Uvmg:15' (SFI) 6Units per 6,500 s.f. 50'i; 35, side:20'ericae:2V.5' Single-Family gross acre Side Garage:10' Detached Living Interior Side:5' See Note 1 Street Side:to Rear:29 (SF2)Single- ]units per 6,000 sq.ft. family t gross acre (SF2) 9Units per 4,500s.f 60% 35' detached Living:10' Single-Family gross acre Side Garage:10' Interior side:S' Detached Living:10' Street side:15' Interior Side:S' Rtlr:20' _ See Note I Street Side:1(Y Rear:10' (SF3)Single- 10 units per 4,000 sq.ft. - 35' (SF3) 10 Units per 3,000 s.f. 701A Side Garage:8' 35' family gross acre Side garage:10' Single-family gross acre Living:8' detached Living:10' Detached Interior Side:3' Interior side:5' Street Side:30' Street side:15' Rear 10' Rear:15' _ (MFi) 12 Units per 15%ofthesite 85':6 ofthe Fr1 n[10' 30' Low Density acre site Interior Side:5' Multi-Family Street Side 10' (MFi) 28 units per 209.of the 20'from the exterior 45'(60'in the See notes 4,5& Rear:O' Medium acre site property lines of the Vc,MMU aM 6 density multi- development and i0' Mud family between buildings I , SU MAXIMUM MINIMUM MAXIMUM LOT MINIMUM SETBACKS MAXIMUM HEIGHT DISTRICT DENSITY LOT AREA COVERAGE See note 1 (SFZU 10 Units per grass 3,0000. 90- Front:Seenote2 35 Single-Family Zero Lot Line acre Interior Side:0'/S' Street Sided , See Notes 2&3 Rear: ` 0' �Nky Garage: (SFSL) 12 Units per gross 3,000s.1. Single Family Special Lot acre Note 3��.. - (SFA) 18 Units per gross N/A front:See ndt� Single-Family Attached acre Interior5ide•O'/5": See Notes '- Street Side:15' 2&3 Rear:15' Alley Gmage:T-5' q (MF3) 20 Units per acre W:of the site 300">z of the site Front High Density Mutti-Family, n In Side:10' See notes 4,5&6 Street Side.0' Rear'O (VCOM)Village N/A 4,0 N/A Front 0' � Commercial Interior Side 0' Street Side:0• See Note 7 Rear:0 :#.. SUB-USE MAXIMUM MINIMUM MAXIMUM LOT MINIMUM SETBACKS MAXIMUMHEKa, DISTRICT DENSITY LOT AREA COVERAGE See note 1 a (HMU)Highway Mixed N/A 10°%of the site 100%of the site Front:15' 58' Use Mterior Side:5' Street Side: 10' 4*ARear:10' (MU) N/A 30%of the site 100%of site Front:15' 58' :.(Nixed Use Interior Side:5' Street Side:10' Rear:10' F2)Medium Density 16 Units per acre 10%of the site N/A Front:10' 45' Uki-Family Interior Side:5' Street Side:10' Rear:O' 90 Community 10 Acres .5 N/A Front:20' S8' Commercial Interior Side:0' "- Street Side:0' See Nate 7 Rear:0' INC)Neighborhood 3 Acres .5 N/A Front: 15' 48' Commercial Interior Side:0' Street Side:10' See Note 7 Rear.S' SUB-USE MAXIMUM MINIMUM MAXIMUM LOT MINIMUM SETBACKS MAXIMUM HEIGHT DISTRICT DENSITY LOT AREA COVERAGE See note 1 (RE)Reserve 2 Unit per 1 acre 9,000 sq.ft 45% Front Garage:20' 35' Side Garage:15' Living:15' Interior Side:5' Street Side:15' Rear:20' (CO)Cottage 8 Units per acres 1,500 sq.ft 80% Front Garage:20' 35, Side Garage.10' Living.10' Interior Side:V Street Side:10' Rear:5' (P1MU)Phase One 8 Units per acre N/A N/A Front Garage:0' 40' Mixed—Use Side Garage:0' Living:0' Interior Side:0' Street Side:0' Rear:0' (CS)Community N/A 1,500 sq.ft N/A Front:10' 40' Services Interior Side:10' Street Side:10' Rear:10' Transportation: AVIMOR TranspartWen Plan The development is spread across three counties(Ada County,Boise County,and Gem County)and includes portions of State Highway 55.As such the development will be served by multiple transportation entities with jurisdiction over the roadways and public rights-of-way. Land U� The Idaho Transportation ,. Department has jurisdiction of State Highway 55. .71 Within Ada County,public roadways will be governed by Ada County Highway District(ACHD). Ri Within Boise County,the applicant has reached an agreement for Boise County to maintain ownership of all roads within the project.However, the maintenance of the roads within (No similar agreement is yet in place for Gem County;however,the developer has been in discussion with the the Boise County areas of the project County and will be required to have an agreement in place before the City will permit any preliminary plat will be provided by the developer or applications being submitted.) the HOA. 1 ransportation Continued: • The proposed development agreement requires that for all roadways, the developer design, engineer, construct, acquire, install, and permit the roads and roadway improvements required by the project, in phases as the development progresses. • All public roads and/or rights-of-way within the project will be dedicated by the developer to the applicable transportation entity. • Both parties agree ACHD standards for roadway design and construction will be used throughout the project. Private streets will be maintained by Master Developer or an Owners' Association. Avimor requests that they may limit access to private streets through access control structures (e.g., gates). The proposed development agreement requires that in the event the applicable transportation entity is compensated for operation and maintenance of roads by a private entity (i.e., the Owners' Association or individual landowners)the developer is required to provide notice on all plats and within the CC&R's. Emergency Medical Services: • Ada County is currently served by the Ada County Emergency Medical Services District and will continue to be served by them. • Avimor has entered into an agreement with the District for paramedic and emergency medical transport services to serve the portions of the project that are located within Boise County in the same manner and to the same degree that the services are already provided within Ada County. The agreement is in effect and continues through September 30, 2031.The agreement shall renew automatically for successive twelve (12) month periods unless either party elects to terminate the agreement. Avimor is entitled to immediately terminate the agreement if the portions of development within Boise County begin to receive EMS services from another provider. • Ada County EMS is permitted to terminate the agreement to serve Boise County after September 30,2031, at which time the portions of the development in Boise County may not have access to EMS services. • No similar agreement has been reached for Gem County. However,the draft development agreement states that no preliminary plat application will be accepted by the City for any portion of the project that is not served by fundamental public services (e.g., police,fire, EMS, roads). Fire: The area that Avimor is requesting to be annexed into the City of Eagle has already been annexed into and will continue to be served by the Eagle Fire Protection District. • To address the hazards of developing within the wildland urban interface, the applicant has prepared a Fire and Vegetation Management Plan. On May 27, 2022, Eagle Fire District submitted comments requesting changes to the plan. On November 4, 2022, the Eagle Fire Protection District approved the revised Avimor Fire and Vegetation Management Plan (see Exhibit F of the Habitat Management Plan) with the condition that the plan be stamped by a Fire Protection Engineer or Certified Wildfire Mitigation Specialist. The draft development agreement requires the developer to work with the Eagle Fire District to identify a mutually agreeable parcel of land for donation to the Fire District. It has been discussed that this site may be utilized for a shared facility with the Eagle Police Department, however, there is no requirement at this time for a similar donation to guarantee a site for the police department. Police: • Currently the Ada County Sheriff's Office (ACSO) provides contract police services to the City of Eagle. Department New Hires • ACSO stated they are confident they can provide service at the Deputy City Clerk/Treasurer same LOS if additional deputies are brought on. • The Gem County Sheriff stated they do not object, but will Planning&Zoning require written agreements to include the following elements: cross deputization, transportation to the gem county jail, and ,® ongoing cooperation between law enforcement agencies. • If the City elects to annex Avimor, new development within the protect will be required to pay Eagle police impact fees and Sergeant additional tax revenue will also help mitigate the project's Detective impact and may support an expanded police contract. Deputy Code Enforcement • The developer has agreed to donate land to the Eagle Fire Protection district. Preliminary discussions between the Fire ; District and ACSO have identified the donated land as a Grand Total possible co-located satellite site. However, no formal agreement to co-locate has yet been reached. • It may be beneficial to require that Avimor donate land for police facilities in case fire and police do not end up co- locating. I , Prosecution: • Cities are responsible for prosecuting misdemeanors within the city limits, while Counties prosecute felonies. • The current application will not change this arrangement and all Counties will continue to prosecute felonies. • The City will be required to have one or more prosecution contracts to cover all areas of the City, including within Boise and Gem counties. • Comments from the Boise County Prosecutor state the following: "As the Boise County elected prosecutor, I have no concerns about this annexation. If annexation occurs my office will continue to prosecute all felony crimes that occur in Boise County including those that happen in the annexed area" Water: • A Water Service Agreement between Avimor Development, LLC, Sage Investment Partners, LLC, and City of Eagle was entered on March 22, 2022. • The City will provide water service for areas of the project that lie outside the Veolia Service Area. • Portions of the project that remain within the Veolia Service Area will continue to receive water service from Veolia. • The developer shall construct and dedicate the project's water system per the terms of the agreement. The developer's obligation to construct system improvements shall be carried out in phases as the project progresses and such improvements are necessary. • Following dedication of any water system facilities, the City will own and maintain the dedicated facilities. I , Sewer: • Avimor Water Reclamation Company(AWRC) owns and operates the sewer treatment facilities, irrigation facilities, and reuse water for the Avimor development. • AWRC has constructed and will continue to construct Wastewater System improvements to serve the project.They shall ensure that all construction,operation and maintenance of the proJ"ect's wastewater system is in compliance with proposed Eagle City Code Title 11B and the requirements of IDEA and the Central District Health Department or the Southwest District Health Department to the extent such entities have jurisdiction. • AWRC will own and maintain all wastewater system improvements constructed as part of the project. • Major wastewater system improvements shall be constructed in accordance with the requirements of IDEA and in general conformity with the Master Wastewater Study attached. • Pursuant to the terms of the proposed development agreement,Avimor shall submit an engineering report evidencing the adequacy of the wastewater system concurrently with the submittal of a preliminary plat application.A letter of approval shall be provided to the City from the AWRC prior to issuance of any certificate of occupancy. • Avimor requests to retain for irrigation, irrigation and aesthetic storage, recreational or aquifer recharge purposes all rights, title and interest in any Re-use Water. Schools: • The developer is currently conditioned within the proposed development agreement to work with each of the three public school districts (West Ada School District, Emmett School District #221, and Horseshoe Bend Elementary #73) serving the project to select a mutually agreeable school site (approximately 7-10 acres) to be donated to each such public school district upon request by the district. • The applicant has reached an agreement with West Ada School District, dated October 12, 2020, that agrees to the above requirement. • Avimor is proposing to donate land; no improvements have been requested by the school districts. • The applicant's response letter dated January 11, 2023 states that they intend to establish a Charter school, however, that is not required in their application materials nor Development Agreement. I ' Li b ra ry: The Development Agreement requires that: • Avimor will provide the Library dedicated space within the current and some of the future HOA community Lrbrar F a. centers, as needed,for the Library to perform its customary functions for Avimor and Eagle residents. • Upon the Library's written request, Avimor will do one of the following: a. Avimor will donate a site to the Library for the 0.---' Library to construct a public library facility within Avimor at a location mutually agreed to by Avimor and the Library.Avimor will donate this site to the Library when the Library is prepared and has funds to construct a library facility on the site; or b. Avimor will construct a library facility within Avimor at a location mutually agreed upon by Avirnor and the Library and lease the facility to Library at market rent. :Ada and Boise County Approvals: • The applicant is proposing that the already I permitted portions of the project that were approved through Ada County and Boise County be brought into the City and developed according to those existing approvals,the standards of which have been incorporated into Title 11B. • Within Ada County the lands that have already received approvals are designated as Village One Land Use District. • Village One consists of a few lots from Avimor Phase I as well as Avimor Phases 4-12.A significant portion of the Village One Land Use District has already been developed. • These lands are a separate application from the undeveloped lands and are not subject to the Development Agreement. • The City Council may choose to either approve or deny the application separately from the other application which consists of the Gem County,Boise County,and undeveloped Ada County lands. 1 I , Boise County Approvals: • Within Boise County there are three approved preliminary plats: Boise County Phase 1,Boise County Phase 2,and Howell Vineyards. Boise County Phase 1 also has approved construction plans through the County,which the applicant is proposing to use. • None of these lands have been developed. • These lands are not a separate application from the undeveloped lands and are subject to the Development Agreement. • The DA has been drafted to adopt the approved preliminary plats and construction plans as part of the annexation. However,the Council may choose to annex the lands without adopting Boise County's previous approvals. Habitat Management Plan: • A Habitat Management Plan has been prepared by Avimor and identifies areas where mitigation is required,the type of mitigation actions,if any, required,and the rationale for such actions. Authority for the application and implementation of the Habitat Management Plan shall rest solely with the Avimor Conservation Director. Proposed Title 116 requires that Avimor show compliance with the Habitat Management Plan with each preliminary plat application within the project through the provision of a development approval letter from the Conservation Director. • The HMP also includes an Invasive/Noxious Weed Management Plan, Recreation Plan,and Fire Plan within the appendices. The plan was reviewed by a third party, Ecosystem Sciences LLC, for adequacy and compliance with City of Eagle Code as well as the City's Comprehensive Plan. • Ecosystem Sciences LLC's report found that: • "Overall, the AD [Avimor Development] HMP is accurate and adequate in outlining the standard ways in which the proposed project impacts will be avoided, minimized, and/or mitigated. The stated goals/objectives are appropriate and appear to be achievable if the stated management actions are followed. The proposed funding mechanisms and organizational structures are adequate for implementing the management actions that are outlined in the AD HMP." Trails and Open Space AVIMOR • Avimor is proposing that a minimum Open Space Plan of 50%of the project area be dedicated as either Community or Regional Open Space. • Avimor is also proposing to ensure lands for permanent conservation. For every two(2)acres of developed and improved land within a platted area(excluding platted Open Space), Avimor will reserve one(1)acre of Land Us, unfragmented habitat land in permanent conservation. • Avimor proposes to provide parks, pathways,and trails throughout the project and has provided an Open Space Plan that identifies existing trails, potential trails,trailheads, open space,and regional parks and equestrian recreation areas. Trails and Open Space • No parks or pathways are being dedicated to the City at this time. • The City is in the process of preparing and adopting a capital improvements plan and impact fee ordinance to establish an adopted level of service for parks and pathways in order to assess a parks impact fee and a pathway impact fee on new development in accordance with the Impact Fee Act. • Upon adoption of a capital improvements plan and related impact fee ordinance, the City and the developer will enter into an impact fee credit agreement that may give Avimor a credit for all or part of the impact fee eligible parks and pathway system improvements within the project. Fiscal Impact Analysis: Growth•112 Gmwth-1'12 Annex Annex n li • In 2021,the City contracted Tischler Bise to create a Fiscal Impact Tool that could be used to study the fiscal impact of various projects. �® The City used the tool to forecast the fiscal impact of the annexation of the Avimor Planned Development. The fiscal impact analysis(FIA) conducted by Tischler Bise looked at two scenarios: Scenario 1:Growth plus annexation of Phases 4-12 �1�1 Scenario 2:Growth plus annexation of Phases 1-12 Lk ovineit Ner FaiNyi Unit. Cost (The scenario that most closely represents the submitted application is Scenario 1 • The FIA found a cumulative negative fiscal impact in both scenarios (see chart). • In both cases,there is an operating surplus,however,those surpluses are not able to offset the capital deficits. • The Summary of Capital Improvements Needs shows that the Capital needs of Parks and Recreation total$27,098,900, more than 70%of the Capital Improvements need. • Capital deficiencies may be resolved through new capital revenues, '■0 ' the development agreement process, and facility dedications from development. FOURTEEN Economic Impact Report: ' I� Avimor has presented its own economic impact report on the project that adjusts some of the model's inputs. Avimor's report forecasts to buildout in 2059, which extends beyond the FIA's 30-year window, and adjusts Permit Fees capital costs of parks and trails. 1, Avimor's report assumes the developer will build all -� parks and trails required to maintain the City's current level of service. —� Avimor's study shows the project having a positive net fiscal impact at the end of buildout. Avimor's report also looked at the fiscal impact on all �® three counties and school districts in addition to the fiscal impact on the City. Fiscal Impact Analysis: The FIA also found that under either scenario, there will be an annual deficit of approximately 1.8 million dollars for each of the subsequent years. Growth*4-12 Growth*1.12 Anne. Annex ANNUAL EXPIOP. CAP Development Agreement • The development agreement • Condition 5 requires Avimor to includes all the conditions the use the City's existing trails code. A developer will be held to outside . Condition 7 requires Avimor to of Title 11B. grant public access on all existing • The applicant and staff have trails and pathways. worked together to draft the • Condition 8 requires City approval development agreement and are for modifications to trails. in agreement regarding the conditions other than those Additional Conditions (Exhibit L of the DA) that the applicant has specifically highlighted they are opposed (5, 7, 8): I , Development Agreement Regarding Condition 7, the applicant Master developer shall grant public has provided the following preferred access easements on all existing trails language: and pathways within Avimor Phases 4- 12, which easements shall provide public access subject to the same rules governing operations, programming, and closures as are applicable for Avimor residents. a. If the applicant provides evidence showing any exclusive easement or legal right of any party that would preclude the granting of a public access easement in the same location,then the City requires a separate easement adjacent to the one originally conditioned. Development Agreement Regarding Condition 4, the City Engineer has reviewed Avimor's grading and hillside development standards and has deferred to the Council to determine if the following language is adequate: Section 11(C)(5)(f)of the Hillside Grading Standards shall be amended to state: "To ensure property will be stabilized and properly revegetated in the event permitted mass grading work is unable to be completed, prior to beginning of mass grading operations the developer shall provide the City with an infrastructure assurance, i.e. a bond or a letter of credit, in the amount one hundred and fifty percent(150%)of the engineer's estimate to carry out the slope stabilization and revegetation plan approved by the City under Section 11(C)(4)(a)(vii)above. The engineer's estimate will be generated assuming the permitted mass grading work is stopped during the portion of the mass grading work where stabilization and revegetation would be most significant and shall take into account all costs for: (i)earthwork to repair all vertical cuts and abrupt interfaces within the permitted area to make the site slopes safe; (ii)revegetation; (iii)SWPPP compliance; and(iv) temporary piping (if any). Prior to the City's approval of the engineer's estimate, the City may review the calculations and costs that form the basis of the engineer's estimate to confirm accuracy and conformance with the approved slope stabilization and revegetation plan and this section" I , Grading and Hillside a Avimor's Proposed Language Development Standards: • The City Engineer has reviewed Avimor's grading and hillside development standards and has expressed a concern regarding the adequacy of the financial assurances proposed. Spring Valley Language Specifically,the grading standards proposed for Avimor 9) Prior to beginning of mass grading operations.the developer shall provide only require financial assurance for slope stabilization or a letter of credit in accordance and revegetation as part of the mass grading per mit. Development construction will be completed or the property will be stabilized in the • In contrast,Spring Valley's grading and hillside event that the work is unable to be completed. development standards require financial assurances to The engineer of record shall provide certification of the percentage of complete 100%of the work proposed. completion of the grading work to the City for review and approval on a monthly basis or at agreed upon milestones with a minimum of once per • The Commission and Council should determine if the quarter during the course of grading operations,as defined in the mass grading permit conditions Within thirty (30) days of City receipt. the financial assurances proposed by the applicant are construction infrastructure assurance shall be reduced accordingly, per sufficient or if Avimor's hillside and grading standards Section 2.9 of the Development approved grading work. should be revised to cover other portions of the work (e.g.grading, storm water pollution prevention, temporary piping). • Staff recommends that the applicant be required to adopt language similar to Spring Valley as � n - ple recommended by the City Engineer. a Development Agreement Regarding Condition 14: Master Developer shall provide non-residential development (inclusive of existing non-residential Following the hearing with the Planning and development) in the following target ranges at Zoning Commission, staff and the applicant the build out intervals specified. worked together to create the following additional condition to help ensure that the a. Prior to issuance of the 750th single- commercial development occurs along-side the familyy residential building permit by the residential portions of the development: City, 80,000 to 120,000 square feet of non-residential development shall be constructed. b. Prior to issuance of the 3,500th single- family residential building permit by the City, 260,000 to 340,000 square feet of non-residential development shall be constructed. C. Prior to issuance of the 8,700th single- family residential building permit by the City,600,000 to 860,000 square feet of non-residential development must be constructed. Development Agreement Regarding Foothills Trails: The applicant's presentation included a statement that Avimor will provide 2-miles of native surface Nature Trails, Special Use Trails, User Optimized Trails and Courses, or Natural Surface Access Trails, as classified in City Code for public use for every 400 residential units. However, there is nothing in the Development Agreement or in the proposed Title 11B requiring this. This was discussed following the Planning and Zoning Commission meeting while trying to resolve difference between the proposed and the existing trails code. If the Council wants to ensure that these trails be provided by the applicant, staff recommends a new condition of approval be added to address the issue. r P&Z Recommendation: On January 30th, 2023, the Planning and Zoning Commission recommended denial of the application with concerns regarding: • Fiscal Impact Analysis • Trail Standards Staff Recommendation: If the Council chooses to approve the three applications, staff recommends th Council: • Require Title 11B be revised to utilize the existing City Code on trails and pathways (ECC 9-4-1-6) as recommended by the Parks, Pathways, and Recreation Commission. • Determine if Sub-Area Plan applications should be required within Title 11B t evaluate compliance with the comprehensive plan as the project progresse and to identify sub-use designations prior to platting. • Require that Avimor donate land for police facilities in the event fire and police do not end up co-locating on the site donated to fire. • Determine if a new condition of approval requiring Avimor provide 2 miles of, public native surface trails for every 400 residential units is desired. • Review the Development Conditions listed in Exhibit L of the Development Agreement and determine if any other modifications are warranted. masiter Land Use-Plan Legend UIMOR Land Use Districts Li #1 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET Testimony taken March 13, 2023 03-13-2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzfpdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/1) PRO/CON 6«s�j �j . 00/v N i5 S c1 �v C'o(v, I I A �e v�� �c(e r� j-u 5 Ile Co►1 0 A) v M�d �Z') (� W ov'k 17wtot W 6 . C . I—S) �lrull) It Nv � �5 - w_ �o� 54- � UN Testimony taken 03-13-2023 Psi n� & �`� ►� C 5 C, 7 W i wJ \ (� I Lir RL vb 4, � ak�,r a 3�v L l,4-9L 11�1 zs E Ft-,,r TAT 64 �j lei Il0Q)oeU �O f3 F J .CI S772 N, A s s s v'IG'r>�G�v� hods �erzl-. - YD I ! ( S nl . es 1 � W7�G tI-�,s lfl A/0 cu Su Gi �-7 O'Av N �-- ��n �1 I nS �3r�v� �n �y '•� S(76 Cu KAI2Jte2 S� ��eZ C0N 4457 C Testimony taken 03-13-2023 ` #2 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING ` PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON y 3 s a, N, /� .Fr��y rt 1'9 W '9J �a��d� G`I Co,v, l v 1:� l� 1 g?-44 N Sh'�-&-omS rdk 0 �0 V, T�W10 �S UPI Testimony taken 03-13-2023 .L v Dv/ 1 � f � VI [l Vl KI m P�d y� 5 N;5,40f A l i'4� v l PJ I `o15� tu. Pr�te�,' I y 0 :1� TGc T7Gt'�JSP/t ��c 1�// S 1 (e2 tj 1:7G k , IIII 1 ►Qjccck, NeV4,-,�Z- CON( COO ACo k) P D:nl Testimony taken 03-13-2023 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzfpdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON kA (o C� /33�1 n � CoYL -Y\,& 02 i Q 0�2, 0, t���,� f4 I I� wuCY V a� Vz N �o Testimony taken 03-13-2023 c� p11Ca�� c� � T \ ? lV Q O tcM tv kll j.1e l OA) s ( o Ot C4 cw DI_ - IJ j _- -> 4��,3 4- PJO OtJ l aS9 r7 G Ke ,/h K�fi✓��R�S �� Gv ��Q�co,44 q,oe, i c e✓�� 1351 N I\Aaw s�J 4 C� La 4 le ZD CO �j Testimony taken 03-13-2023 #4 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON Zi 1 O N l� K 73 �65 La�� ���k �•� (b rJ VQO J 3 �� V/�'i �� -}�,, �� s{ �t s� PC) �.s I� 6 6 E 31 4�o W 6 k 2 VJ 00 11 �� S 3� N , 1�1 J\l�►� (�,� ��n Testimony taken 03-13-2023 X�t .01 ��SS C ct GL Ke rb Va C 3vA�-azd u � � L-7�tt� --T— 23(446 �S 9 C�Q_ I O�4 `QL �qy ou-0 L\.� Nf .Pi�o 6�u� �� l �j f(D �.x�7 9 32— <'�eiit 4r. Col 6O.A/ S. -p 2 SD tA.,j. -n,t-,f C d M QT r l7 �Jx ,Md- Jim �(,�-o n� ��•.,.t����-� `t 11�1 N- C a�^e't�, i�1 a �Q- N � C�� Testimony taken 03-13-2023 #5 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzfpdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON 5 �0 W C� (� Li sS ` cs t t l " ' S o LAv, I T ' N 0QeAf, 9T\V, 0-e I- )�� aw l-,- to cov�' (0 551 a L- A A) CAA-L Jos >>n ?oi te, Ln 0 7c, �r 5c� QA s Testimony taken 03-13-2023 (2z CcA- � 1 � w G / 7 , jo Ve WkT� k��-f JrJ w prS N f LRNq Q- vi2 CNv&e CC krA CC� %ol Testimony taken 03-13-2023 #6 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON 1'Shbvurm koi- Cod , d b'�7 y o v ruj Nw 4.4 V15 - j . � 357g AJ vy e e- / l / Testimony taken 03-13-2023 r � r �tpo up Mb4im Mari n A 19�)-I/sou�-vsl Car �'OL lq� E si�,-Uo& C� l� c) /t/ 4917 3 � (,0 A r r eS6/ A e 4 ire O —S 40 5 Cc4hwo�✓G� 99 Co h Ll(�-) Pro Testimony taken 03-13-2023 #7 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of ,Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON (A V r���►-� �'`� Sd (� lay I�, ����5 A I LN I�I-e f-�`� �r fuS� cv No( (V CA)lr\,Li Flo Testimony taken 03-13-2023 l "� ,cG, t II��C -Coll j3 S r< c aL Co'n ^ y� Mt Nrj a t-c1A-7-27-IL 4- IV 4 y A 2, mot' „ gz w�, r=ALJ-!N� �/b � � !/V 17 w Pow deY Cf. ip �S�ri CiOA) Mik-L / f e2 81 a ru gA LVCA+,..a.- v 4 7 Ci V l / r�o l`�DC� �A, �1� / 1 j-Z2& ST C.f YA 2u�d 1 fC�5 �d4 �' C Q IN /If 0 �C �1 ILZ I Testimony taken 03-13-2023 #8 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON 10 fob C VO CA C (o 00 r, 10 g3(01 I q N. Ech0Creek �Lh�► ���' U Ea i &Plob W. pp�\ N A Fve C G O , C : ZT f F/t ut 6 tr-h 30 &1V,ow 4 `ram Testimony taken 03-13-2023 i I I I C t I f 4 7 r//Z IC wCOW rk��,v� ft7 �2a4 Sy pr;c Pew Dr . �G,(en lnde-C , ��Lt, c � CQ 00 I / N W 4T5e'^ DL. co Atae� Tb� DI /CfvtKLT 5�rd co 1 /FS 2 /6G(7 )EgsTSTaA/VA"O Z3Z2i ��1.�SSy � -C"A6:L.E' -_ _ �� ON J II .3 �� /�% o_��, I.w-►��� ti,� N O Gov � a a^ Testimony taken 03-13-2023 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON tiJq �-3 7 /v P/CJ 1LOL - C'� r V` �Qw,( 1 S 'y 6 C Y?i vevo zild AJ�3 v S� AAir h 4,iTrrl1e�j►jIN act S/e �ti Testimony taken 03-13-2023 14-1 II NVA L� 1�6ae4 A �w Testimony taken 03-13-2023 #10 CITY OF EAGLE - CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06-22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON Q� tR�e5 c �/. N Gon 9 4 C �h-�-(_�� Iv,� CT /L', C a &.33 W W W-f-e-K U�-!' h \ -0 V2-t G vi ' M(AjC-ram` ( � C_-_=' f 2,?2 2 €` q,tt kr-Aj sue- 1AL L C C% 5`4-14cA� �2-.�-� F 'V #11 CITY OF EAGLE — CITY COUNCIL SPECIAL MEETING PUBLIC HEARING SIGN-IN SHEET March 13, 2023 A-06-22/RZ-06=22 & ZOA-01-22 —Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned The applicant is requesting an annexation and rezone from RP (Rural Preservation — Ada County Designation), RR (Rural Residential — Ada County designation), Multiple Use Zone (Boise County designation), and Al (Prime Agriculture — Gem County designation) to A-P-D-DA (Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a CU-18-22 Summers pzf.pdf Stadium View Sub pzf.pdf development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report, grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. A-14-22/RZ-19-22 — Annexation and Rezone for Avimor Village One — Avimor Development: Avimor Development is requesting an annexation, rezone from PC (Planned Community — Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One (portions of Avimor Subdivision No. 1, Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON f S4z, 139 t3 Lt-o_ F� ? s V n 5 1 Lj ZZ L. L.'�K� �L �� z Cc 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 I IB, 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 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 I IB,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 11 B 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. paid,3.6. impoets Fees and impoet Fee Cr-edits. be given,dit DEVELOPMENT AGREEMENT—AVIMOR—Page 13 to the Agr-eement Date or-prior-to adoption and by Gitt, efa valid 3:6.2. Pe lis and T-r-ails impeet-Fee C-redit. An : aet fee ,...ea:*o a Feimbur-sement sh,ii City for-System !MPFOvements r-ela4ed te and in the eateger-y of par-ks, pathways, and t fails in areeer4anee with the stan,i.Fds and requiFefneRtS..f the i..,paet Coo A et 3 -7 3.6. Master Environmental Design Plan. 3�3.6.1. Landscape; Signage; Lighting.All development of the Property shall comply with the landscape, signage and lighting standards of Title 11B. 3�3.6.2. Habitat Management Plan. The Habitat Management Plan has been prepared by Master Developer in cooperation with City and identifies areas where mitigation is required,the type of mitigation actions, if any, required, and the rationale for such actions. Master Developer may coordinate,cooperate, and consult with other agencies in the application and implementation of the Habitat Management Plan, but approval authority for the application and implementation of the Habitat Management Plan shall rest solely with the Avimor Conservation Director. Master Developer shall show compliance with the Habitat Management Plan with each preliminary plat application within the Project through the provision of a development approval letter from the Conservation Director.Nothing in the Habitat Management Plan may be construed as either incorporating state and/or federal standards and/or regulations that are not applicable to the Property or Project or otherwise conferring any approval authority for the Habitat Management Plan to City or any state or federal agency. 340.7. Public Infrastructure Development Fee Credit; Reimbursement.Notwithstanding anything to the contrary herein, in the event Master Developer is obligated to construct, fund or contribute system improvements in excess of the proportionate share allocable to the development of the Property pursuant to the terms of this Agreement,Master Developer will be entitled to credit and/or reimbursement for that portion of such investment in excess of the proportionate share of the demand generated by the development of the Property so as to ensure that Master Developer has not been required to fund more than the development's proportionate share of such infrastructure through the contribution of money, dedication of land or improvements, or payments of any fees. The Public Infrastructure to be provided by Master Developer shall confer a benefit on the Property and, in certain instances, may confer a benefit on land areas outside the Property. In recognition of such benefits to the Property, in connection only with the Public Infrastructure under the jurisdiction of City, City shall take into account and credit and/or reimburse Master Developer against the sum total of all applicable Public Infrastructure development fees and/or impact fees, under City's jurisdiction and control, now existing or adopted by City in the future, owed by Master Developer or anticipated builders/residents on the Property. In recognition of such benefits to land areas outside of the Property, City shall take into account and reimburse Master Developer against the sum total of all of DEVELOPMENT AGREEMENT-AVIMOR-Page 14 c� 3fc�la� Lynlee Fertal 390 E Lake Briar Ln, Eagle March 13, 2023 before Council There are some things we know, and some we just don't. WE KNOW that the geographic basis for even applying for annexation hangs by a thread and that Category A status requires that all property owners agree. Current Avimor homeowners have been locked out of this process. Did Avimor buyers know they may have signed away their consent when they closed on their homes? WE KNOW that Avimor has yet to supply a single drop of its own drinking water, and that we've saved them millions with the Master Water Agreement. WE KNOW that Avimor's development plan has been consistent with Mr. McLeod's vision since 2002. They've said that without annexation they'll simply continue with these plans by working with the counties. So what does annexation really change? WE KNOW that construction in Boise county is limited to half the number of units planned there until Avimor completes modifications around HWY 55. WE ALSO KNOW that the development plan with Ada County is nearing completion and without annexation, Avimor now lacks approval to build any more houses there. Proponents argue that city control is more desirable than county oversight. But WE KNOW that it is WITH annexation that the floodgates will open wide to foothills development in Ada County immediately. WE KNOW there are only 3 CIDs in Idaho - Harris Ranch, Spring Valley and Avimor. A Supreme Court Decision in the Harris Ranch CID litigation could have far reaching implications including how CIDs can finance needed infrastructure. Hidden Springs sewer system has proven inadequate. Avimor moved management of their sewer system to an out of state company, but I'm unclear about who's on the hook if THEIR system proves inadequate. Well WE ALL KNOW what flows downhill. WE KNOW Avimor is a for profit business expending a great deal of time, energy and money to pursue annexation. Yet they've stated publicly that THEY DON'T KNOW that annexation will help their bottom line. Either they have money to burn or they are not being forthcoming about their motivations. WE KNOW that by every quantifiable and relevant means made available to us, the taxpayers of Eagle, WE KNOW that the overwhelming majority oppose annexation. Voters don't provide elected officials with a broad and unchecked mandate. No, the inherent result of your election was that your duty of care, and your duty of loyalty must NOW lie SOLELY with the Residents of Eagle. We all know that. Do you?And PLEASE answer for the record, Do you own property in Avimor, or have a vested interest in Avimor? CG 3�c:61z3 Public Testimony by Lynlee Fertal, 390 E Lake Briar Ln, Eagle Before Planning and Zoning January 30, 2023 Contrary to recently published commentary, most of us opposed to annexation are not relying on misinformation to form our opinions. We actually do have a handle on the facts, and we simply disagree with supporters about the true risks and rewards of this project. This process seems rigged in favor of the developer. Avimor and its principals have had months to interact with city staff and participate in give and take conversations. As taxpayers we get 3 minutes to make a case. Respectfully, 3 minutes is not enough time to truly tackle even one of the complex issues this proposal presents to the city. So I'll use my remaining time to deal in the broader strokes of risk and reward. Based on the experiences I have had in going to informational meetings, mayor's coffees, reading documents, and my own personal research and conversations with countless people, I can only conclude that annexation will surely reward the developer and the members of the McLeod family trust. Annexation will make the process of building in the foothills less complicated and more streamlined for the developer. Annexation will provide a better marketing message for the developer, making home sales easier, and therefore annexation will make the developer and their investors richer quicker. Yet, when I publicly asked the principal of Avimor Development what the financial benefits of annexation were for his company, he stated to a room full of Eagle taxpayers, "None that I know of." As Mayor Pierce stated at a recent coffee with the mayor, we've already saved the developer millions of dollars through the master water agreement. Yes, morphing Eagle into the second largest city in the state of Idaho, by annexing the largest planned unit development in our state's history, will be rewarding for the developer and their investors - but all of the risks will be borne by the residents and taxpayers of Eagle. Pleas continue to go out to the mayor and council to put this to a vote. Who is it really who won't risk letting the voters decide if annexation makes sense for Eagle? Finally, I am concerned that we don't fully understand how newly adopted HB389 (that caps how much money a city can raise in property tax through annexation) might increase our risks with this project.