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Posted on: October 2, 2019

A short history of the annexation talks between Eagle and Avimor

Seal of the City of Eagle Idaho

Issues of annexation, equitable provision of services, and taxation are complex.  The City’s relationship with Avimor is complex and quite long.  Until May of this year, the City was actively working with Avimor to determine if annexation was possible and mutually beneficial through a reimbursement agreement.  This contract covered the City’s costs to review Avimor planning documents and ask critical questions of Avimor.  All work completed was exploratory and never guaranteed annexation by the City nor commitment by Avimor.   

The contract stated: “This Agreement does not constitute approval of any application, development agreement or conceptual plans for the Property and all development approval will be in accordance with the notice and hearing procedures of Eagle City Code and Idaho State Statutes”,  but also limited the City’s ability to seek outside consultation until a formal application was received “the City would not typically retain an outside Consultant (for example, but not limited to, a traffic engineer)”.

As of October 1, 2019, Avimor has never made a formal application for annexation to the City of Eagle.    Below is a brief outline of the City’s and Avimor’s interactions in 2019.

On March 11, 2019, after nearly two years of reviewing Avimor materials, the City Council and the Avimor development team met to discuss the path forward.  At that meeting the City provided Avimor a list of items to be addressed if Avimor wished to move forward and make and a formal application to the City: 

  • Avimor must comply with ECC 11A.
    • Eagle City Code Title 11A was drafted for use in the entire Foothills Region (as identified in the Comprehensive Plan), including Avimor. Avimor should be designed in accordance with ECC 11A;
    • Specific and limited exceptions (i.e. changes to irrigation standards and associated landscaping standards) may be considered, however, very specific justification will be to be provided to explain why said exceptions should be considered by the City;
    • Compliance with the established review process and timeline for Staff, P&Z Commission, Design Review and City Council.
  • The city will pursue impact fees for public parks and trails
    • Privately owned facilities are not eligible for impact fee credit;
    • HOA owned and operated facilities are not eligible for impact fee credit.
    • The City is not interested in large tracts of undeveloped open space in lieu of developed parks.
  • Water service will be under the jurisdiction of the City of Eagle.  
    • No waivers to City Water provisions will be provided;
    • Avimor who was named as a beneficiary in a water right permit within the City’s water service area would need to disclaim any participation to the Idaho Department of Water Resources or enter into a contract to acquire that right and transfer it to the City of Eagle.
  • Private Roads will be handled in the same manner as Spring Valley (Title 11A - 20% maximum).
    • The City will not be the roadway authority;
    • Avimor must provide a plan/timeline for, and contractually obligate themselves to, the creation of a public roadway district like ACHD for Boise and Gem Counties;
    • Avimor must provide Transportation Impact Studies addressing roadway needs in Boise and Gem Counties will be required as part of the application submittal;
    • Referencing the Ada County Highway District’s Northwest Foothills Transportation Plan to quantify impacts to the roadway system is not adequate for assessing needs and impacts to the existing public roadways system. This plan did not address lands within Boise and Gem County and does not account for current background demand.  
  • Avimor must present the City a viable plan for the provision of police, prosecution, and court and jail services within Boise and Gem Counties. 
    • All plans must ensure that the level of services for Avimor are at a level equal to the existing City;
    • The plan must ensure that there will not be a decrease in the current City level of services;
    • The cost of services should be paid for by the development and not placed an undue burden on the City.
  • Present the City a viable plan and funding mechanism for the provision of ambulance and EMS services, emergency response and dispatch, and trash service.
    • This plan must address the cross-jurisdictional issues between counties, cities and special-purpose districts. 
  • Avimor must comply with the Eagle Architecture and Site Design standards as specified in Title 11A.
    • The design review process as identified in Title 11A for Design Review Board and City Council review and approval will be the accepted process.
    • Avimor will not be provided abbreviated or reduce review timelines or processes.
  • Avimor needs to provide commensurate land dedications and mitigation for police, fire, library, and schools as did the M3/Spring Valley Development.
    • See M3/Spring Valley DA paragraph 2.5: Public Facilities.

Paragraph2.5: M3/Spring Valley Development Agreement Public Facilities 

Service

Land Dedication

Additional Funding/Commitments 

Police

 1-acre site w/utilities 

Utilities to the site, up to $1M to fund improvements or provided increased service prior to development build out

Fire 

 1-acre site

Utilities to the site, up to $1M to fund improvements or provided increased service prior to development build out

Schools

1 High School

Sites size will meet district standards, utilities to the sites, funding to ensure architectural consistency

1 K-8 School

2 Elementary

Library & Municipal Services 

4-acres

Utilities to the sites


  • Breakdown of the HOA costs 
    • Avimor needs provided numbers on the cost of the CID and HOA dues but has not addressed the fiscal impact that the maintenance of Open Space, Parks & Trails, Irrigation & Private Roads will have on the HOA;
    • This analysis should include mitigation fees as referenced above. 
  • Development Agreement Expiration 
    • The city does not support a 50-year development agreement term with a 10-year extension.   M3 has a 30-year term with an optional 10-year extension clause;
    • If the project takes 30-60 years to development the agreement needs to include a process for amendments to the DA and implementing code to ensure compliance and consistency with the rest of the City over time. 
  • Development Agreement should include an inactivity clause addressing what will occur if the development becomes inactive or fails to develop in a certain timeframe
    • Ability to update standards if the project is inactive for 5 years;
    • Revocation of entitlement if the project remains inactive for 10 years.
  • Other information needed to process an application per Eagle City Standards: 
    • Transportation Analysis;
    • Economic Analysis (for applicants proposing a Village Center, Mixed-Use, Commercial, Professional Office, Business Park, or Industrial land use designation);
    • Habitat Analysis;
    • Water and Sewer Analysis;
    • Any other data and information required by the City for their evaluation of the request.

While Avimor addressed portions of the City’s list, many items remained outstanding and unaddressed.  To that end, in March the City offered 3 options to Avimor:

  1. Perfect an application in a timely manner (city could not continue to provide staff time to a “non”-application), with the understanding that the City would expect all items above to be addressed as part of an application;
  2. Consider the process of incorporation as their own City under Idaho Code 50-101.  Including establishing codes, standards, taxing authority and budgets in compliance with Idaho Code to facilitate the development as they felt fit their vision; or
  3. Pursue a Planned Community expansion with Ada County and other appropriate development options with Boise and Gem Counties. 

Paragraph 8 of the Reimbursement Agreement - Avimor Right to Terminate or Suspend states: “In the event that Avimor elects in its sole discretion to cease or suspend pursuing the Development Submittals or upon completion of the City’s processing of the Development Submittals, Avimor will notify the City in writing”.  (emphasis added)

On May 28, 2019, the City received a letter from Dan Richter, Managing Partner of Avimor, formally severing the reimbursement agreement with the City, requesting reimbursement of the balance of the escrow account, and stating they were no longer actively pursuing annexation.  

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