Minutes - 2023 - City Council - 03/30/2023 - Special EAGLE CITY COUNCIL
SPECIAL MEETING MINUTES
March 30,2023
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 6:00 p.m.
2. ROLL CALL: Present: GWDLESPERGER, PIKE, BAUN, RUSSELL. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. UNFINISHED BUSINESS:
A. ACTION ITEM.- 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 Development Zoning District—Avimor
Development, Spring 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 A 1 (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) *This item was continued from
the March 28, 2023, City Council meeting.
Mayor Pierce introduces the item.
Gindlesperger states that though she was not in attendance at the March 28,2023,meeting,she has
reviewed the video recording and written testimony from the meeting that was held on Tuesday
and is prepared to speak about the matter.
Pike states he has read the additional emails that were received.
Pike requests input from City Staff regarding trails standards and the request from the Parks,
Pathways,and Trails recommendation.
Trails and Pathways Superintendent, Steve Noyes makes himself available to answer questions.
Zoning Administrator, Bill Vaughan states that the information originally presented to PPRC, for
which their recommendation was based upon, is significantly different than the information that
has been developed for consideration today. If there comes a point in Council deliberation where
they seek information on parameters of what is in I I compared to what is in Eagle City Code
section 9-4-6 section, staff would be happy to discuss the differences. If the Council desires a
detailed review of the changes between what was presented to PPRC and what is before Council
now,staff is prepared to do that.Furthermore,staff are working on code revisions on pathways and
trails that will be brought through PPRC, Planning and Zoning Commission, and the Council that
should address any nuances.
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Trails and Pathways Superintendent, Steve Noyes states that it is different to have trail standards
in I IB,but it is for a planned development vs an individual subdivision.
Discussion amongst the Council.
Baun states that the application meets the intent of the Comprehensive Plan, both the 2007 and
2017 plans. There are three options: Annexation into Eagle, continued development in the three
different Counties,or self-annexation.If annexed into Eagle,it gives the City control of the density
and development in portions of these three counties. Eagle can also identify the number of acres of
open space and the number of acres developed and units associated with the same.It gives the City
control and predictability if annexed.
Russell reads from Chapter 6 of the Comprehensive Plan, which states that over 500 individuals
were engaged to participate in weekly work groups to provide input on the north Eagle foothills
transportation, habitat and open space, infrastructure and facilities, water, activity centers and
landscape, and design standards of development within the foothills. In addition to the subgroups,
public meetings and public hearings were conducted regarding the plan.
Russell created a spreadsheet to quantify concerns that were expressed during written or verbal
testimony. The top reason (con) was not quantified, only the remark "con". The second was
concerns regarding water. Russell discusses the water agreement and the requirement for the site
to develop the water system with adequacies from their own water rights,and then turn the system
over to the City. Gindlesperger states that irrigation water will be provided via a reclamation
system.
Mayor Pierce comments that if annexed,this would be a 31 aquifer that would be part of the City's
system,which would be a benefit to the system as a whole.
Pike is in agreement with the open space and the management of the open space as well as the
potable water, irrigation plan, sewer plan and master plan as proposed.
Discussion amongst the Council.
Russell believes that there have been seven identified taxing districts in which both the City of
Eagle and current Avimor residents already pay the same rate for, including ACHD and West Ada
School District. Some Avimor residents also pay a CID that Eagle residents would not.
Mayor Pierce notes that regardless of annexation or not,current residents of Avimor will continue
to attend West Ada School District as they do now.
Baun discusses the economic analysis reports. Both reports reflected a net positive for long-term
maintenance. Neither report touched on potential revenue from event revenue. Discussion
regarding open space and the value thereof.
Council discusses the items that the Planning and Zoning Commission cited for recommending
denial,and requested Council take a closer look.Discussion regarding the testimony that suggested
Avimor self-incorporate. Transportation concerns and proposed mitigation are discussed.
Brad Phanmueller, representing the applicant, provides input regarding Highway 55 estimated
improvement timeline.
Council discusses the habitat preservation plans that would preserve 16 square miles and the benefit
of the same.
Pike comments on the existing city trail standards and the proposed standards are discussed.
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Discussion regarding a financial offset by the developer for law enforcement services,to cover the
time between when rollover of the property is placed on the City's tax roll.
Baun moves to approve action item 7A 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 Development Zoning District
-Avimor Development,Spring Valley Livestock,and First American Title as dual beneficiary
trust with the modifications identified by staff keeping 5 in with the stipulation that staff be
directed to updated Code 9-4-1-6. Keeping 7 and 8 as stricken. And 15, 16, 17 as identified.
Seconded by Russell. Discussion. Baun moves to add the change 14C from 8,700" unit to
7,700`h unit.Second concurs. Discussion. Pike states that there are currently 21 developments
approved with 8,826 dwellings approved.He believes the level of service is being diminished
and diluted.His concern is addressing services to not only the 8,826 units in addition to what
would be added with the Avimor application. He is in agreement with the application, but
perhaps a couple years from now would be better. Discussion. Baun amends the motion to
add a requirement for a prorated amount (from the developer) to offset the police amount
based on the temporal gap, this will be condition 18. Second concurs. Bann amends the
motion to include a not to exceed amount of $128,000. GINDLESPERGER AYE; PIKE
NAY; BAUN AYE; RUSSELL AYE. THREE AYE...ONE NAY...MOTION CARRIES.
B. ACTION ITEM: 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) *This item was continued from the
March 28, 2023, City Council meeting.
Mayor Pierce introduces the item.
Discussion amongst the Council.
Baun moves to approve action 7B A-14-22/RZ-19-22 Annexation and Rezone for Avimor
Village One Avimor Development. Seconded by Gindlesperger. GINDLESPERGER AYE;
PIKE NAY; BAUN AYE; RUSSELL AYE. THREE AYE. ONE NAY...MOTION
CARRIES.
5. ADJOURNMENT:
Russell moves to adjourn. Seconded by Gindlesperger. ALL AYE...MOTION CARRIES.
Hearing no further business,the Council meeting was adjourned.
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Respectfully submitted:
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APPROVED:
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MAVOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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