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,
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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
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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,
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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.
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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.
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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
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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
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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.
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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
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03-13-2023
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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,
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03-13-2023
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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
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03-13-2023
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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
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Testimony taken
03-13-2023
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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 " '
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Testimony taken
03-13-2023
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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-
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Testimony taken
03-13-2023
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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
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Testimony taken
03-13-2023
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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
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Testimony taken
03-13-2023
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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
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V`
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Testimony taken
03-13-2023
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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�
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#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
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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.