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Minutes - 2008 - City Council - 09/16/2008 - Regular ! EAGLE CITY COUNCIL Minutes September 16, 2008 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Presentation by the Land Trust of the Treasure Valley regarding County Open Space Task Force Report- Tim Brewer. Tim Brewer presents a power point presentation on a report on open space and discusses the same. General discussion. 2. Mayor and Council's Report: Huffaker: reports on Historical Commission meeting. The material on the Eagle History book has been submitted to the publisher. The finished book will be completed in November for public purposes. November 22nd is the book signing event. Shoushtarian: Discussion on the river trip. Hoping we can ask some of the experts that gave us the tour could come and give a presentation to Council. The focus was on the flood plain. Mayor: I went to the Valley Regional Transit event at the Grove on Tuesday. Provides an overview to the Council. Discussion on the Treasurer Valley Transit plan. We dedicated the first bus stop at the comer of 8th and Main Street. Discussion on the Southwest Idaho Legislative Summit. Reports on the Treasurer Valley Partnership last week in Cascade. On Sunday I attended the Gun Fighters Sky presentation at Mountain Home Air Force Base. Discusses the Compass Board meeting held Monday at Boise City Hall. Provides Council an overview of the meeting. Guerber: Reports on the Trail Palousa that was held on Sunday at the Eagle Sports Park Velodrome. A number of people thanked me for the funds that the City of Eagle put into the Velodrome. They are very optimistic about their funding efforts especially sine Kristen Armstrong received a Gold Medal. Reports on the Open House at the new Fire Station on Linder Road. They are actually responding to calls in the North Star area because they get there quicker. The Fire Department has ajoint agreement with Star. Reports on the Chamber Meeting held on Friday with the Mr. Winder and Mr. Moyle. Reports on the Arts Subcommittee on the Arts facility. They looked at proposals for the preparation of a video and selected a company. Semanko: Reports on the Eagle Sewer Districts audit. They also bid a project and they got 12 bids. Reports on the Library meeting. They have begun the process of advertising for the vacant positions. Reports on last Tuesdays Chamber of Commerce Luncheon. . 3. City Engineer Report: Moved to end of Agenda 4. City Clerk/Treasurer Report: Moved to end of Agenda 5. Zoning Administrator's Report: Moved to end of Agenda 6. City Attorney Report: Moved to end of Agenda 7. Public Works Director' Report: Moved to end of Agenda Page I K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-16-08min.doc REGULAR COUNCIL AGENDA: 7:30 p.m. I. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:35 p.m. 2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHTARIAN, SEMANKO. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Rachele Klein leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Patricia Minkiewicz, Deerfield Court, I was very happy to read in the Valley Times that the City has hired an employee to help out and work on the City Web Site. 5. CONSENT AGENDA: + Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. + Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Noise Ordinance Waiver: The Eagle Volunteer Fire Fighter Association is requesting a noise ordinance waiver to accommodate their annual Haunted Woods Fundraiser event. B. Amendment to Lease Ae:reement between City of Eae:le and Eae:le Senior Center. Inc. C. Eae:le Senior Citizen Van Use Ae:reement Fiscal Year 08-09 D. Service Ae:reement for Animal Control Services between City of Eae:le and the Idaho Humane Society for Fiscal Year 08-09 E. Minutes of August 19, 2008. F. Minutes of August 26, 2008. G. DR-47-08 - North Star Charter School (K - 12) - North Star Charter School. Inc.: North Star Charter School, Inc., represented by Shawn Nickel with Rose Law Group - Borton, is requesting design review approval to construct a 76,059- square foot (28-total classrooms, 18-elementry classrooms and 10-high school classrooms) school. The 15.49-acre site is located within the Legacy Development on the west side of North Linder Road approximately 1/3-mile south of Floating Feather Road at 839 North Linder Road. (WEV) H. DR-48-08 - Buildine: Wall Sie:nae:e for the North Star Charter School - North Star Charter School. Inc.: North Star Charter School, Inc., represented by Shawn Nickel with Rose Law Group - Borton, is requesting design review approval to construct building wall signage for the North Star Charter School. The 15.49-acre site is located within the Legacy Development on the west side of North Linder Road approximately 1/3-mile south of Floating Feather Road at 839 North Linder Road. (WEV) I. Minutes of Seotember 9. 2008. (SKB) Semanko: I would like to remove Items #5G and #5H from the Consent Agenda. Huffaker: I would like to remove Items #5B, #5C and #5D from the Consent Agenda. Guerber moves to remove Items #5B, C, D, G and H from the Consent Agenda. Page 2 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-16-08min.doc Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.................... Guerber moves to approve the Amended Consent Agenda, Items #5A, E, F, and I. Seconded by Semanko. ALL AYES: MOTION CARRIES.............. 5G. DR-47-08 - North Star Charter School (K - 12) - North Star Charter School. Inc.: Semanko: I removed this item as I have a conflict of interest. Semanko steps down. Mayor I would entertain a motion to approve Item #5G. So moved by Guerber. Seconded by Huffaker. Discussion. ALL AYES: MOTION CARRIES................... 5H. DR-48-08 - Buildine: Wall Sie:nae:e for the North Star Charter School - North Star Charter School. Inc. Semanko has a conflict of interest and steps down. Mayor introduces the issue. Huffaker moves to approve DR-48-08 - Building Wall Signage for the North Star Charter School- North Star Charter School, Inc. Seconded by Guerber. ALL AYES: MOTION CARRIES.... ... ... ...... ..... 5B. Amendment to Lease Ae:reement between City of Eae:le and Eae:le Senior Center. Inc. Mayor introduces the issue. Huffaker: On all three items, 5B, C, and D, as I was reading them I realized I have no background on any of these services. City Clerk Bergmann: Provides Council an overview and history of the Lease Agreement with the Eagle Senior Center and the Amendment to the Lease Agreement. General discussion. Guerber moves to approve the Amendment to Lease Agreement between City of Eagle and Eagle Senior Center, Inc. Seconded by Shoushtarian. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES............. 5C. Eae:le Senior Citizen Van Use Ae:reement Fiscal Year 08-09 City Clerk Bergmann: Provides Council an overview and history of the Eagle Senior Citizen Van Use Agreement Fiscal Year OS-09. General discussion. Shoushtarian moves to approve the Eagle Senior Citizen Van Use Agreement Fiscal Year 08-09. Seconded by Huffaker. Discussion. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES............. 5D. Service Ae:reement for Animal Control Services between City of Eae:le and the Idaho Humane Society for Fiscal Year 08-09 City Clerk Bergmann: Provides Council an overview and history of the Service Agreement for Animal Control Services between City of Eagle and the Idaho Humane Society for Fiscal Year OS-09. General discussion. Semanko moves to approve the Service Agreement for Animal Control Services between City of Eagle and the Idaho Humane Society for Fiscal Year 08-09. Seconded by Huffaker. Discussion. . Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES............. 6. PROCLAMATION: Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-16-08min.doc A. Step Up for Kids Dav: A proclamation declaring September 16,2008 as Step Up for Kids Day in Eagle. (PB) Mayor introduces the issue and provides an overview of the Step Up for Kids Day that was held in Eagle today. Mayor reads the Proclamation into the record. General discussion. Semanko moves to approve the Step Up for Kids Day, a proclamation declaring September 16,2008 as Step Up for Kids Day in Eagle. Seconded by Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................. 7. UNFINISHED BUSINESS: A. Resolution No. 08-19: A Resolution Of The City Of Eagle, Idaho, Amending Allied Waste Services Fee Schedule Pursuant To The Solid Waste Contract Recycling Collection Services As Stated In Section 4.2 A. "Customer Rates - Establishment" And Providing For Effective Date. This item was continued from the September 9, 2008 meeting. Mayor introduces the issue. This Resolution was drafted by the City Attorney for your review. General discussion. Dave Fisher, Allied Waste, discusses the amount that should be in the resolution for the fuel costs. General discussion. Council Member Huffaker provides the public with an overview of the continued process on Council review of this matter. General discussion. Mayor: It seems like Council is in favor of continuing this item to next Tuesdays meeting and direct the City Attorney to evaluate that paragraph to include language on a fuel surcharge and to set an amount. Council wants the City Attorney to contact Allied Wastes Legal Council. So moved by Huffaker. Seconded by Guerber. ALL AYES: MOTION CARRIES. ... ... ....... ... .... 8. PUBLIC HEARINGS: A. Resolution No. 08-25: A Resolution Of The City Of Eagle, Ada County, Idaho Amending Resolution No. 07-19A, Providing Criteria To Eagle City Code Title 8 "Zoning", Chapter 4 "Off Street Parking And Loading", Section 4 "Additional Parking Regulations And Requirements", Subsection 3 "Joint! Collective Parking Facilities" To Modify The Maximum Reduction In Number Of Parking Spaces For A Portion Of The Downtown Development Area; Providing Criteria To Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts And Maps, Article A "Design Review Overlay District", Section 7 "Landscape And Buffer Area Requirements", Subsection 0 "Alternative Methods Of Compliance", Paragraph 3 For Tree Retention, Tree Replacement Costs, And Waiver Provisions For Such Retention And Costs In A Portion Of The Downtown Development Area; Providing A Severability Clause; Providing For Duration; And Providing For An Effective Date. This item was continuedfrom the September 9, 2008 meeting, the public hearing remains open. (JTL) Mayor introduces the issue. Mayor opens the Public Hearing Mayor closes the Public Hearing Page 4 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-16-08min.doc General discussion. Shoushtarian moves to go with the previous Resolution 07-19(A) except for the 50% waiver and the in lieu of parking and everything else stay the same and the only part I would like to change is the 50% waiver. Discussion. Shoushtarian moves to approve Resolution No. 08-25. Motion dies for lack of a second. Semanko moves to table the Resolution indefinitely. Discussion. Semanko withdraws his motion. Mayor calls a recess at 9:50 p.m. Mayor reconvenes at 10:00 p.m. 9. NEW BUSINESS: A. FY 2010-2014 Transportation Improvement Proe:ram. FY 2010-2014 Five Year Work Proe:ram. FY 2010-2014 State Transportation Improvement Proe:ram: The Transportation Improvement Program (TIP) is a short-range (3-5 year) capital improvement program (budget) of roadway and public transit projects in compliance with federal regulations and area policies and strategies. The TIP lists all projects for which federal funds are anticipated, along with non- federally funded projects that are regionally and locally significant. Action is requested regarding the Transportation Committee's and Planning and Zoning Commission's recommendation regarding the prioritization of transportation projects within the City of Eagle. (JTL) Mayor introduces the issue. The recommendations that we have before us are from the Transportation Committee and the Planning and Zoning Commission. General discussion. Huffaker moves as follows: FY2010-2014 Pedestrian Prioritization #1. to add additional language to continue sidewalk, curb and gutter to the end of Park at the High School; FY2010-2014 TIP and FYWP (ACHD) Prioritizations move #10 to #4; and to accept the FY2010-2014 STIP (ITD) Prioritizations as presented. Seconded by Guerber. ALL AYES: MOTION CARRIES............................ Council discussion on the September 16,2008 Memo from Nichoel Baird Spencer. Council concurs to have a special meeting On October 7, 2008 at 6:30 p.m. in regards to CP A-5-08 (Eisenberg Companies/Fred Meyer). Council concurs to have an early start time of 6:00 p.m. for the October 14,2009 City Council meeting. Council Member Guerber discusses his concerns on how the Public Hearings are conducted. Discusses how to use carry forward funds, developing parks, putting aside funds to buy the City Hall. Discussion on an election to fund Parks. Discussion on an LID for downtown development. Discussion on establishing long term goals. General discussion. PRE-COUNCIL REPORTS: City Clerk/Treasurer Report: No Report Zoning Administrator's Report: No Report City Attorney Report: No Report Public Works Director' Report: No Report Page 5 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-16-08mindoc City Engineer Report: No report 10. ADJOURNMENT: Semanko moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:40 p.m. Respectfully submitted: ~~o_K~ --'SHARON K. BERGMANN CITY CLERK/TREASURER APPR ~ED: "~"~I' ........... ,........~'i. OF 1:-1 ..... ," ...,~ ..........0/ ". :; v.. e. ~~ . ~ .. Ov..POR-1 ..... V' ". .. ...: ,... :*:v {t>. ~ - . . . : . 4a..... :*: - . . . \ ,^\:nSEAL..,,"; i ";.,,-,..0.. ".. ~ -;... ......:, ...POIt"1t.~..~~O ," #, . f l' ....... ~ ,.." ........ ......" 'l: OF \~ .,., '"........'",. A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 6 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-16-08min.doc NAME EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Resolution No. 08-25 September 16, 2008, 7:30 P.M. ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP Resolution No. 08-25 September 16, 2008, 7:30 P.M. Findings and Recommendations Presented to: Board of Ada County Commissioners • pril 22, 2008 ACKNOWLEDGEMENTS The Board of Ada County Commissioners acknowledges the invaluable contributions of the following individuals and groups in preparing this report. ADA COUNTY OPEN SPACE ADVISORY TASK FORCE As appointed by the Board of Ada County Commissioners Maryanne Jordan Nancy Merrill Elfreda Higgins City of Boise City of Eagle City of Garden City Jeff Lang City of Kuna Charles McDevitt ID Foundation for Parks & Lands Frank Martin Urban Land Institute Max Corsey Association of Realtors David Zaremba City ofMeridian Judy Peavey -Derr Foundation forAda County Trails George Harad Boise Metro Chamber of Commerce Carol McKee Ada County Highway District Tim Breuer Land ?must of the Treasure Valley Greg Johnson Building Contractors Association Deanna Smith Courtney Washburn Idaho Smart Growth Idaho Conservation League John Petrovsky Paul Deveau John Brewer North Ada County Foothills Assoc. ' Boise Project Board of Control Southwest Ada Neighborhood Assoc Steven Ricks Barry Teppola Phil Bandy Member -at -Large Member-atLarge City of Eagle OTHER REPRESENTATIVES/CONTRIBUTORS Tammy DeWeerd City ofMeridian Scutt IC.oberg Ada Co. Soil & Water Conservation District Rachel Winer Idaho Smart Growth Jennifer Stevens Land Trust of the Treasure Valley John Thornton North Ada County Foothills Assoc Samantha Peak Ada County Development Services John Caywood Ada County RCA & Event Services Russ Dane Association of Realtors Bob Kunesh Southwest Ada Neighborhood Assoc. Steve Siddoway Meridian Parks & Recreation Charlie Baun ECS Inc. Bob Batista Ada County Recreation & Event Services Sara Cohn Idaho Conservation League David Gordon Boise Parks & Recreation Jay Gibbons Ada County Development Services Brandt Elwell TRS Range Services AND A SPECIAL THANKS TO ANY CITIZEN WHO ATTENDED Ada County Open Space Advisory Task Force ---Findings and Recommendations April 22, 2008 Contents Executive Summary 1. Introduction Page El 1 1.1 Task Force Formation and Purposes 1 1.2 Task Force Membership and Organization 1 1.3 Scope of the Task Force Effort 2 1.4 Structure and Content of This Report 2 2. Open Space Planning in Ada County Today 4 2.1 Involved Jurisdictions, Agencies and Organizations 4 2.2 Relevance to the Task Force Mission—A County -Wide Perspective? 7 3. Conservation Values and Open Space Priorities 9 3.1 Introduction 9 3.2 County -Wide Planning Efforts --What the Community Has Said 9 3.3 The Foothills—Boise and Eagle Comprehensive Plan Efforts 11 3.4 The Boise River 14 3.5 Specific Open Space and Trail Priorities From County and City Plans 15 4. Mapping Open Space Opportunities and Priorities 18 4.1 Introduction 18 4.2 Resources (Natural Resource Conditions) 18 4.3 Uses (Relevant Land Use, Recreation and Land Ownership Conditions) 18 4.4 Composite Analysis 19 5. Blueprint For County -Wide Conservation, Open Space & Recreation 21 5.1 Introduction—Imagine... 21 5.2 Wide -Angle View—A County -Wide Conservation and Open Space Overlay 21 5.3 Framework Elements For a County -Wide Conservation & Open Space System 24 • The Foothills 25 • The Boise River 27 • South County 29 • Snake Riva Canyon – Birds of Prey NCA 31 • Stitching It All Together—A County -Wide Trail System 32 6. Accomplishing Conservation & Open Space Preservation in Ada County 37 6.1 Introduction 37 6.2 Policy Recommendations 37 6.3 Tools for Implementation 39 • Open Space Through the Development Process 40 • Open Space Acquisition/Funding 42 • Public Lands 43 Ada County Open Space Advisory Task Force—Findings and Recommendations April 22. 2008 List of Figures Page 2-1 Land Ownership and Jurisdiction 5 3-1 Open Space Patterns/Overlays from Boise and Eagle Foothills Plans 12 5-1 Conceptual Conservation and Open Space Preservation Priorities Overlay 22 5-2 Conceptual County -Wide Trail System 33 List of Tables 3-1 Natural & Cultural Resource Conservation Priorities from County and City Plans 16 3-2 Regional Park, Trail & Linear Park Priorities from County and City Plans 17 4-1 Criteria and Relative Importance Scores Used in Conservation and Open Space 20 Priority Mapping List of Abbreviations ACHD Ada County Highway District ACEC Areas of Critical Environmental Concern AF Acquisition/Funding AUI Area of Impact ATV All Terrain Vehicles BGG Blueprint for Good Growth BLM Bureau of Land Management BPCA Barber Pool Conservation Area COE Army Corps of Engineers FY Fiscal Year GIS Geographic Information Systems NCA National Conservation Area IDFG Idaho Department of Fish and Game IDL Idaho Department of Lands IDPR Idaho Department of Parks and Recreation IM Incentive/Voluntary Mechanisms LTD! Land Trust of the Treasure Valley PDRs Purchase of Development Rights PILT Payment in Lieu of Taxes PL Public Lands RC&D Southwest Idaho Resource Conservation and Development RM Regulatory Mechanisms RPP Recreation and Public Purposes Act SWCD Ada County Soil and Water Conservation District TDRs Transfer of Development Rights USBR U.S. Bureau of Reclamation USFS U.S. Forest Service Ada County Open Space Advisory Task Ford—Findings and Recommendations April 22, 2008 Executive Summary Introduction The Ada County Board of Commissioners formed the Open Space Advisory Task Force (Task Force) through Resolution 1459 on March 29th, 2007. The Board charged the Task force with: • Creating conservation priorities in northwest, northeast , southwest, and southeast Ada County; • Identifying priorities for public open space acquisition (at a conceptual level, not targeting specific private properties); • Providing detailed recommendations for funding or incentives to create and maintain the public open space priorities; and • Evaluating existing public lands and, if considered desirable and feasible, make recommendations for exchange or consolidation of these public lands The Task Force Findings and Recommendations report describes the process and scope of the work effort, and identifies the criteria and values we seek in open space, provides maps of desired locations, land types and connections, describes the various tools available for conserving open space, and recommends actions for jurisdictions to accomplish the desired conservation of open space. Concept and Framework For A County -Wide Conservation, Open Space & Recreation System Imagine. ..large inter -connected natural lands throughout the Foothills, connecting people with the outdoors, protecting the scenic backdrop to the Valley and providing wildlife the habitat they need. Imagine ....a ribbon of wild lands, wetlands, parks and farmland along the Bobe River, with a continuous pathway connecting communities together while providing access to the river for fishing, floating and family fun. Imagine...Hubbard, Blacks Creek, Indian Creek, Lucky Peak and Swan Falls Reservoirs as jewels in the desert connected by creeks, waterways and pathways. Imagine. ..the Snake River and the Birds of Prey National Conservation Area continuing to provide healthy raptor habitat and recreation opportunities. Imagine... connecting people to natural open spaces with pathways, corridors and bike lanes, creating a county -wide network of parks, natural areas and waterways close to home. The Task Force has focused on making these visions a reality through a concept and framework for a county -wide conservation, open space and recreation system. This concept and framework combines past public input and existing community plans with mapping and analysis of existing natural resource and land use conditions. Mapping of Conservation and Open Space Preservation Priorities— Task Force Recommendations (page 21): A central recommendation emerging from the Task Force effort is preparation and adoption of a county -wide "Conservation and Open Space Preservation Priorities Overlay" (Overlay). The concept for such an Overlay, reflecting first-round analysis of land and resources is illustrated on Figure 5-1 (page 22), which shows lands in the County characterized by a combination of: El Ada County Open Space Advisory Task Force—Findings and Recommendations April 22. 2008 • Natural constraints to development (e.g. high slope gradients, floodways) that will likely remain largely in open space due to significant limitations on their development potential, • Areas that are already preserved as habitat or open space, including existing state and regional parks, wildlife management areas, the federal NCA (National Conservation Area), and lands acquired for open space purposes by city or county government, and • Public priorities for resource conservation and open space preservation, particularly important wildlife habitat, stream corridors, special places (e.g. unique geologic features and cultural resources sites/corridors), and other areas specified in existing city or county plans as important for future open space or recreation. This "Overlay" mapping would complement relevant County and city comprehensive plans and serve as guidance to jurisdictions and landowners in making future land use decisions. It is a way of prioritizing places and areas where emphasis should be placed on preserving a high proportion of the land in resource conservation and open space. It is not expected that either [11 development would be precluded entirely from within this Overlay (it would be impossible to conserve every area with potential for conservation), or [2] no valuable open space can be achieved outside of the Overlay boundary. Recommendations related to the Overlay (both mapping and underlying concept) include: • All lands shown within the Overlay are considered important for emphasis on conservation and open space preservation. However, a hierarchy of relative priority ratings should provide guidance for any public funding initiatives aimed at direct acquisition of open space. Simply put, those areas rated "highest" on the Overlay should receive the highest priority for acquisition. • It is recognized that a substantial proportion of the land within the Overlay is privately owned, and that some development will occur within these areas. Nonetheless, a high proportion of this land should be preserved in open space. • Not all resource conservation and open space lands need to be in public ownership. Valuable habitat and other open space values can be protected as part of long-term private ownership patterns, through such techniques as conservation subdivisions and conservation easements. • Within the Overlay, a high priority should be placed on the ideal of a achieving a net increase (at minimum no net loss) in public land ownership—dedicated to open space values— through land exchanges, acquisitions by local agencies, or other available mechanisms. • Planning for and management of the open space system will require a careful balance between resource protection and provision of access and recreation. Unmanaged access and usage can damage, even destroy, the very resources that draw us to these lands. Recreation must be planned and managed to achieve, not threaten, long term resource sustainability. • The open space resources on which the Task Force effort is focused attract many different, sometimes conflicting user groups. Within the limits of longterm sustainability/carrying capacity, all user groups should be accommodated. • The results shown on Figure 5-1 are a "work in progress". Development and adoption of such an Overlay will require review, verification and refinement of analysis, public involvement, and further response to stated public priorities, resource sustainability and public use issues. The county -wide open space pattern concept shown on Figure 5-1 is comprised of five important place -based framework elements, each of which deserve specific, tailored attention and recommendations: E2 Ada County Open Space Advisory Task f=orce—Findings and Recommendations April 22. 2008 The Foothills—Task Force Recommendations (page 25): • Develop and apply a consistent plan and set of open space preservation and recreation standards governing the lands in the foothills countywide; achieve a high percentage of open space preservation in the Overlay area. • Achieve a net gain, at minimum accept no net loss, of the open space values represented by tracts of Bureau of Land Management and state endowment lands within the foothills; seek to consolidate these public ownerships within the Overlay area where feasible and appropriate through land exchanges, local acquisition of isolated tracts or other means. • Carefully balance recreational use locations and levels in the foothills to protect resource values, accommodate user groups, and minimize user conflicts. Restrictions on access in some areas (either overall or seasonally) will likely be necessary (e.g., motor vehicle access should be limited to established roads and designated trails. There is likely no "one size fits all" solution to these challenges; a creative combination of solutions will be necessary. • On a location -specific scale, the highest priority should be assigned to preservation of the following resources, sites and special features in the foothills: • Big game winter range ▪ Prime riparian corridors (e.g. Dry Creek, Willow Creek) • Prime sage-scrub/steppe habitat • Eagle -designated open space overlay in north foothills • The –2,000 acres surrounding the operating areas of the County landfill • Rocky Canyon West (north of Eagle)—with potential for a regional open space preserve ▪ Dry Creek corridor overall and upper Dry Creek watershed Goodale's Cutoff (historic Oregon Trail route), including public trail opportunities Hillside to the Hollow • Corridor from Seaman's Gulch to Polecat Gulch to Bogus Basin Road. The Boise River—Task Force Recommendations (page 27): • Establish and protect open space and connectivity along and access to the river. • Create a Boise River System Ordinance that is consistent within each jurisdiction along the entire Boise River in Ada County. A key emphasis of this ordinance should be on open space and habitat preservation and provision of recreational opportunities. • Seek funding for purchase of land or development rights in the floodplain. Utilize public/private partnerships for acquisition from willing landowners. • Protect riverside cottonwood forests and floodplains through economic incentives, purchases, and/or regulation. • Achieve a strong open space and conservation component as part of the Boise River Corridor Study to be undertaken as part of the Army Corps of Engineers project. • Ensure long-term sustainability of natural resources where river corridor open space is focused in such resources; and within sustainability limits, accommodate multiple (non - motorized) user groups. • Require development applications along the river to illustrate how open space lands will be owned and managed to assure long term conservation and recreation goals arc achieved. • Formulate with public input a comprehensive Open Space and Habitat Management Plan for Barber Park's wild areas.. E3 Ada County Open Space Advisory Task Force—Findings and Recommendations April 22. 2008 • Extend the Boise River Greenbelt and connections east into Boise County, west into Canyon County, IateraIly into developing communities, and along the Oregon Trail to Bonneville Point, incorporating loop, scenic, and interpretative opportunities, with public and private partners. • Specific, priority action/project recommendations: - Fund deferred maintenance of the Greenbelt Path - Complete a recreational path along the Boise River to the county line - Develop: Boise River Water Trail connecting to Canyon County. Trailhead and path on the Oregon Trail from Highway 21 to Bonneville Point Riverside path from Highway 21 to Lucky Peak on south bank Loop path along north run of Black Cliffs through The Cliffs Planned Community to provide connectivity to other public trails Loop path along south rim of Black Cliffs on public land South County—Task Force Recommendations (page 29): • Review and revise as necessary all relevant county ordinances to assure that ample open spaces, especially in the Figure 5-1 Overlay area, will be provided for current and future residents. Encourage the cities to conduct corresponding ordinance reviews and revisions. • Use BLM land outside of the Open Space Overlay in land exchanges that increase public conservation and recreation values (See: Public Lands, Section 6.3.3, and the above discussions of the Open Space Overlay and the Foothills). • Create regional open space parks/preserves at Hubbard Reservoir, Blacks Creek Reservoir and Indian Creek Reservoir and Kuna Butte and Initial Point. ' • Acquire title to Hubbard Recreation Area from the State of Idaho, and develop the property t� provide permanent public open space, wildlife habitat, trails, wetlands, and fisheries • Provide connectivity (non -motorized paths and habitat linkages) along Indian, Ten Mile, and Mason Creeks, between Hubbard Recreation Area, Blacks Creek and Indian Creek Reservoirs, and between communities and open space areas. • Pursue trails along key irrigation canals, such as Ridenbaugh, Mora, and Rawson, that can provide regional connectivity; work with landowners to create paths along other creeks, canals and drains to provide local connections. • Involve a broad range of user groups in developing the trails system. Snake River — Birds of Prey National Conservation Area (NCA)—Task Force Recommendations (page 31): • Continue active cooperation and coordination with BLM in implementing its Resource Management Plan for the NCA. Focus on ensuring and augmenting public recreation opportunities, consistent with the natural resource protection mandate of the NCA. Particular priority should be placed on access and facilities along the Snake River corridor (in particular a Snake River Water Trail to provide a recreational connection with neighboring counties Stitching It All Together—A County -Wide Trail System—Task Force Recommendations (page 32): • Adopt and implement a county -wide Open Space Corridor network, using the network shown on Figure 5-2 (page 33) as a starting point. This network will provide a regional system of greenways, or linear parks linking [1] the cities with one another, and [2] the cities with the E4 Ada County Open Space Advisory Task Force—Findings and Recommendations April 22. 2008 open space system proposed in the foothills (north, central and east), along the Boise River, and in the South County/NCA/Snake River Canyon. • Recognize, adopt, and implement the trail system for the North Foothills included within Eagle's 2007 Comprehensive Plan. As part of this process resolve questions of resource carrying capacity and accommodation of multiple, potentially conflicting user groups. • Use the Eagle North Foothills trail system (process and product) as a model for preparing trail plans in other portions of the county. In all cases, address relevant issues related to resource carrying capacity and accommodation of multiple user groups. • As part of planning for and adoption of the regional Open Space Corridor network and sub- area trail planning systan(s), specify locations and design solutions for crossings of major barriers, such as highways. • Specific, priority action/project recommendations (in addition to those included above): - Eagle Velodrome to Boise Ridge Trail - Boise River Water Trail - Black Cliffs/Diversion Dam trails in east Boise — cliff -top both north and south of the river, and along south bank of Diversion Pool Accomplishing County -Wide Conservation & Open Space Preservation Policy Recommendations (page 37): P (Policy)1. Conduct Public Process: The County should (and the cities are encouraged to) participate in the effort being put together by Idaho Smart Growth and Land Trust for the Treasure Valley to involve the public in gaining support for the strategies in this report. P2. Establish Coupty-wide Open Space Advisory Committee: Create a county -wide open space advisory committee to provide guidance on issues of regional interest and to carry forward the recommendations of this plan. P3. Adont the Ada County Parks. Open Sone and Trails Plan , with revisions and refinements consistent with Task Force recommendations derived from this Task Force. N. Review and Adjust Existing Ordinances: The County should (and the cities are encouraged to) review and revise their ordinances to ensure they can implement the open space plan as adopted. P5. Achieve Consistent and Complementary Onen Suace Language it' County�nd Citv Comvrehensive Plans. P6. Prepare and Adopt Planning Guides: All jurisdictions within Ada County should adopt referenced policy guides that fall within their `planning boundary' per the planning boundaries identified in the Blueprint for Good Growth Area of Impact Policy and Process as adopted by the Blueprint Consortium. (BGG GM -7 & GM -18). P7. Prepare and Adopt Consistent Policies for Key Geographic Areas: • Adopt one set of policy guidelines and ordinance for development in the foothills. • Adopt one set of policy guidelines and ordinance for development along the river corridor. • Make completion of the greenbelt a high priority. • Adopt policy guidelines for providing open space for south Ada County. • In conjunction with the BLM (i.e. consistent with the BLM's Resource Management Plan) adopt policies regarding the Snake River and Birds of Prey areas. • Adopt one set of policy guidelines for creation of a connected, county -wide trail system. E5 Ada County Open Space Advisory Task Force—Findings and Recommendations April 22. 2008 Tools for Implementation: Open Space as Part of the Development Process (page 40) Rmulatory Mechanisms (RMM RM1. Design Criteria: • Establish consistent, county -wide (i.e. county and cities) standards for development which will encourage the inclusion of open space and trail connectivity while providing the developer the ability to achieve higher densities. • Create consistent ordinance language county -wide that directs developers to connect their open space and paths/trails to the larger community's existing or planned -for open space and pathways when available. • Establish a design review process that complements the inclusion of open space, and assures the quality of design in higher density product. RM2. Cluster and Density Bonus: Jurisdictions should write these tools into all applicable codes to provide incentives to land owners for preservation of natural open space. RM3. Conservation Subdivision: Create an ordinance for Conservation Subdivision in the County and cities. RM4. Flood plain Ordinance: Establish a county -wide floodplain ordinance based on policy recommendation P7, above. RM5. Amend the existing Ph�anned Comity Ordinance: Ada County should amend the existing Planned Community Ordinance to increase the'minimum requirement for natural open space in rural areas with a high concentration of natural resource and open space values (as defined via the Overlay). A relatively low (10-20%) requirement may be appropriate in unconstrained areas or within existing City areas of impact; however a goal of 50% or more should be achieved in areas with high resource/open space values. IncentiveNoluntary ( Mechanisms IM 1. Purchase of Development Rights (PDR.$): Have a fund available to use when opportunities arise to purchase development rights for land identified as important for open space preservation. 1M2. Voluntary Real Estate Transfer Fees: Continue to encourage this tool to fund the maintenance and stewardship of open space within developments. 1M3. Voluntary Donations: [alConsider options to increase incentives for donations of land or development rights (e.g., property tax breaks or statewide tax incentives); and [b] Have each local jurisdiction support a resolution encouraging congress to adopt the improved tax benefits for conservation easements. 1M4. Transfer ofpevelopment Rights (TDRs): Implement a TDR program, based on an adopted County -wide Open Space Plan that specifies "sending" and "receiving" areas. IMS,. Historic P,reserva(ion Act: Use this Act where there is a nexus between open space and historic preservation as a way of conserving the open space as well as the historic value. J.MM6. Density: [a] Provide incentive -based alternatives for preservation of natural open space, including density bonuses, density transfers, or transfer of density rights; and [b] Develop an educational program to help the public understand density in relationship to open space. Tools for Implementation: Open Space Acquisition/Funding (AF) (page 42) AF 1. County -wide Acquisition Fund: The County should establish a fund for the purpose of purchasing open space, using ironies from the general fund (committed each year during the budget process) as well as from the other mechanisms described below. Cities should be invited and encouraged to participate in this fund. E6 Ada County Open Space Advisory Task Force -----Findings and Recommendations April 22. 2008 AF2. Payment in Lieu of Taxes (PILI): Designate Ada County's entire PILT payment each year to a Regional Open Space Fund. AF3. Federal and State Grants and Programs: Hire a full time staff person dedicated to understanding these various programs and writing grant requests for the purpose of open space acquisition, conservation, and trails and pathways development. AF4. Serial Levy): The Task Force recommends a serial levy. The timing and amount to be raised by a serial levy is up to the discretion of the Ada County Board of Commissioners. Funds will be dedicated solely to the acquisition and management of a county -wide open space system and corridor network. AFS. Tinning Fee at Landfill: Implement an added fee to the tipping fee at the landfill for Open Space acquisition. This would impact the solid waste rates and could compete with recycling. Some nexus for Open Space would need to be established. ,AF6, Tax Deed Property: Determine if tax deed property contains conservation values. If it does, the County should designate it as open space land and retain ownership. If not, then use the county portion of proceeds to feed acquisition fund AF7. Fact Fees: Develop a capital improvement plan to determine whether impact fees might be necessary. This should include an analysis of impact fees necessary with a serial levy and without. Negotiate with all cities to determine commitment to impact fees. Tools for Implementation: Public Lands (PL) (page 43) PL I. Land Exchanges: Utilize land exchanges and acquisitions to increase public lands within the Overlay (See Section 5.2). Public lands outside of the Overlay area should be considered for possible disposal in order to acquire higher priority open space within the Overlay areas, consistent with the public land managing agency's mission. PL2. Recreation and Public Purposes Act (RPP): [a] Use the federal RPP program to acquire public lands for public parks, open space and trails when the level of development required by RPP is consistent with local and regional open space plans; and [b] if the community's desire for parcels of public land is to retain its natural values, habitat and trail opportunities, consider other tools such as a Cooperative Management Agreement to partner with Federal entities for management and stewardship. 111#3. Cooperative Management Agreements: Consider Cooperative Management Agreements and public/private partnerships to jointly fund and manage public lands deemed important to a Conservation, Open Space and Trails system as an alternative to the RPP process. E7 Heart of Our Valley A Community Discussion About Open Space in Ada County Goals: 1. Inform as many citizens as possible about a countywide trail and open space concept and potential tools available. 2. Measure public support for these tools, willingness to pay and a reality check on the vision. 3. Build a constituency to support open space conservation strategies. Approach: Hold a workshop in each community to involve citizens and provide feedback. A report summarizing the findings will be submitted to each Council and Commission. ( mss Deal protects tip of Eagle Island forever The landowner puts 160 acres into a conservation easement, so it can be sold but never developed. But it remains private property closed to the public. Zai 7/d S BY CYNTHIA SEWELL cnsev,ell idahostatesman.com A portion of Eagle Island is now perma- nently protected from development — but it won't be open to the public. Landowner Ron Sali put 160 acres of the Easement will protect wildlife, vistas EAGLE ISLAND CONTINUED FROM MAIN 1 bald eagles and brown and rain- bow trout, which spawn in a side channeL Sali's protected acreage, com- bined with the 545 -acre Eagle Is- land State Park, makes up one- quarter of the 2,875 -acre island. Sali and the Land Trust of the Treasure Valley made the deal in late December, just before a fed- eral conservation easement tax incentive expired. Sali retains control over access to the land. "As of now, there is no public access," said Tim Breuer, the land trust's executive director. "He still owns the property and lives there." Still, "floodplain protection and open space vistas from Lin- der Road will be enjoyed by us and future generations," Breuer said. "I have had a vision for doing something very creative with my land for many years," Sali said in written statement. "By donating the development rights to the Land Trust of the Treasure Valley, I continue to own my property while further- ing the conservation projects I have been working on for years." Sali had previously created a trout stream on his property with help from Trout Unlimited. The Land Trust of the Trea- sure Valley is nonprofit organi- zation that works with landown- ers to conserve ranches, forests and open spaces. Cynthia Sewell: 377-6428 island's western tip into a conservation easement — a voluntary, legally binding agreement that restricts land use and pro- vides a tax break in return. The land can be sold, but it can never be developed. The property, called Three Rivers PERMANENTLY 1 PROTECTED roHatcher/ tad 4 Private land on Eagle Island has been permanently protected from development. Landowner Ron Sali donated the development rights for 160 -acre parcel to the Land Trust of the Treasure Valley. Eagle beviaugropik EAGLE Ranch, is at the confluence of the north and south channels of the Boise River. The site includes a gravel mining opera- tion that ceased operating in July. Since then, the gravel pits have filled with water, creating lakes. Sali, who has owned the property for 20 years, said it is home to deer, wild turkeys, StateS See EAGLE ISLAND, MAIN 6 EAGLE Boise Rfver ��, North Channel Mace Road Boise River$ th Channel 0 ce Chinden Blvd. —yea BOISE 71M JONES / Idaho Statesman Open Spaces — Heart of Our Valley Open Spaces — Heart of Our Valley ■ Imagine.... Open Spaces — Heart of Our Valley ■ Imagine... Open Spaces — Heart of Our Valley • Imagine.... Open Spaces — Heart of Our Valley Open Space Task Force. ■ Participants appointed. ■ Representatives of all cities were invited. ■ Community leaders ■ Conservation organizations. ■ Business Community Open Spaces —Heart of Our Valley Open Space Task Force Maryanne Jordan City of Boise Jeff Lang City of Kuna Charles McDevitt Id Found for Parks and Lands Frank Martin Urban Land Institute Max Corsey/Russ Dane Association of Realtors John Petrovsky North Ada County Ft Hills Assoc. Steven Ricks Member -at -large Tim Breuer Land Trust of the Treasure Valley Greg Johnson Building Contractors Association Nancy Merrill/Phil Bandy City of Eagle David Zaremba City of Meridian Courtney Washburn/Sara Cohn Idaho Conservation League Judy Peavey -Derr Found for Ada Canyon Trails George Harad Boise Metro Chamber Deanna Smith/Rachel Winer Id Smart Growth Barry Teppola Member at Large Elfreda Higgins City of Garden City Carol McKee ACHD Open Spaces — Heart of Our Valley ■ Places you love. ■ Toolbox of Strategies. Open Spaces — Heart of Our Valley Places you love • Boise River • Foothills • Birds of Prey / Snake River Canyon • Jewels in the desert - Hubbard, Blacks Creek and Indian Creek Reservoirs • Connecting it all with pathways. Open Spaces Heart of Our Valley Toolbox of Strategies ■ Incentives / Voluntary ■ Density bonus/transfer ■ Voluntary Real Estate Transfer Fee. ■ Transfer of development rights. ■ Donation of development rights. Open Spaces — Heart of Our Valley Toolbox of Strategies ■ Regulatory Mechanisms ■ Consistent Floodplain Ordinances. ■ Conservation subdivision ■ Consistent standards for open space requirements. Open Spaces — Heart of Our Valley Toolbox of Strategies ■ Funding ■ Acquisition Fund ■ Use of PILT Funds ■ Serial Levy. ■ Impact Fees Open Spaces Heart of Our Valley Toolbox of Strategies ■ Public Lands ■ Retain ■ Exchange ■ Acquisition by local government. ■ Cooperative Management Open Spaces — Heart of Our Valley 'Pk k. 4i; AAA.... What's Next? • Community input • Continue projects • Create sustainability through commitment, funding and strategic partnerships. Open Spaces —Heart of Our Valley Wild and Scenic places close to home.... A Vision for the Valley worth investing in. Open Spaces — Heart of Our Valley Thanks to the Ada County Commissioners and the organizations and citizens who helped create the Open Space Task Force Report. INTER OFFICE To: From: Subject: Date: Attachment(s): Copy To: City of Eagle Zoning Administration Mayor Bandy & Council Members Nichoel Baird Spencer, AICP, Planner III \(- J October 7, 2008 Special Meeting September 16, 2008 None City Attorney, Zoning Administrator Over the past month the Council has had a very congested and lengthy hearing schedule with items like the budget consuming a large amount of the public hearing calendar. As a response many of the larger Planning & Zoning hearing items have been tabled or held back until they can be calendared with the sufficient time to be heard and considered by the Council. Due to these tabling/continuances the Council agenda for October 14, 2008 will be lengthy, including two comprehensive plan amendments (CPA -4-08 & CPA -5-08), a conditional use permit for St. Luke's, a 700+ unit subdivision, and an amendment to an existing development agreement. To alleviate the size of the October 14th agenda without creating additional delays for any of the applicants, staff would like to request Council consideration of a special hearing to be held on October 7, 2008, to for application number CPA -5-08. This appliocation is anticipated to be the largest of the hearing items scheduled for the l4`h. The Planning and Zoning Commission received testimony from 28 individuals, and to date, staff has received over 25 letters and e-mails concerning this application. If approved by Council, the special hearing for CPA -5-08 (Eisenberg Companies/Fred Meyer) will be scheduled for October 7, 2008 at 6:30 p.m. Finally, the agenda for-SeODA ptember 14 (even without CPA -5-08) is still voluminous. To provide additional time for Council to get through as many items as possible, staff requests Council consideration of an early start time of 6:00 p.m. Page 1 of 1 K Plannctg Dq't Eagle AppLccfons CPA 200S CPA -5- S T.cl doc