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Minutes - 2010 - City Council - 10/26/2010 - Special EAGLE CITY COUNCIL Special Meeting Minutes October 26, 2010 REGULAR COUNCIL AGENDA: 5:35 p.m. 1. CALL TO ORDER: Acting Mayor Huffaker calls the meeting to order at 5:35 p.m. 2. ROLL CALL: Present: HUFFAKER, SHOUSHT ARIAN, SEMANKO, GRASSER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Bob Nichols leads the Pledge of Allegiance. 4. MAYORAL APPOINTMENT AGREEMENT: Acting Mayor Huffaker introduces the item. Semanko moves to approve the mayoral appointment agreement. Seconded by Shoushtarian. Discussion. HUFFAKER: AYE; SHOUSHSTARIAN AYE; SEMANKO AYE; GRASSER AYE... MOTIONCARRIES. Grasser nominates Mr. James Reynolds and move that we appoint him as our new Eagle Mayor. I am very honored and pleased to have that opportunity and hopefully the third time is the charm. But I am very excited for Eagle, to have this new Council that we've got up here and now a new Mayor. And I think we've all got the right attitude up here and with your addition I think we are going to hit a home run...or touchdown whichever sport you want to use. I am very pleased to offer up that nomination and move that we appoint James Reynolds. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. 5. OATH OF OFFICE: The Clerk's Office administers the oath of office for James Reynolds Sr. Deputy Clerk/Treasurer Osborn administers the oath of office to James D. Reynolds. 6. EAGLE TRANSPORTATION COMMITTEE/EAGLE CITY COUNCIL JOINT REVIEW SESSION: ( 1 hr) The Eagle City Council and the Eagle Transportation Committee will review and discuss the Committee's recommendation regarding amendments for the FY 2012-2016 TIP, STIP, and FYWP to aide in the City Council's recommendation to COMPASS, ACHD, and ITD regarding the same. Mayor Reynolds introduces the item. Members of the Transportation Committee in attendance: Aizpitarte, Miller, Grounds. Discussion of Committee's recommendation regarding amendments for the FY 2012-2016 TIP, STIP, and FYWP. Eagle Zoning Administrator Bill Vaughan will bring the changes discussed tonight back to Council for review at their next meeting on November 9,2010. Page I K\CQUNCILIMINUTES\Temporary Minutes Work Area\CC-IO-26-lOspmindoc Huffaker comments that 11 A is the item that most people are here to speak to and there has been considerable discussion on items lOB and 10C in the past, he'd like to rearrange the agenda to move the public hearing up on the agenda. Huffaker moves to amend the agenda to hear item llA to be heard just after 10 B. Seconded by Semanko. ALL A YE...MOTION CARRIES. Huffaker moves that item 12A be continued to the November 91h meeting at the applicants request. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. 7. PUBLIC COMMENT: Brynne Rutledge is running for Miss Boise Princess, she is 10 years old. The contestants this year are raising money for the Idaho Humane Society and each must come up with a unique campaign. Since the Idaho Humane Society can get pet food in bulk at lower costs, Brynne is focusing on raising money so that each dollar goes farther towards pet food purchases. Council would like to add a news link for Brynne's fundraising project on the City's webpage. Council also suggested that she work with the Chamber of Commerce to distribute her fundraising effort information to local businesses. Jeff Kunz, 2213 E. Skokie Dr. Eagle, Idaho Co-Chairman of the City Hall Location Task Force. Mr. Kunz states that he is planning to attend the November 9th Council meeting at which the City Hall Location Task force findings will be discussed. Mr. Kunz is seeking direction from the Council as to the level of detail they would like presented at the November 9th meeting. Mayor Reynolds suggests a brief executive summary followed by a question and answer period and public comment would be fine. The Task Force findings and documentation are posted on the City's website, with the exception of one item that Mr. Kunz will get to the City to be placed on the site. Discussion. Melissa Brodt, 179 S. Eagle Rd. Eagle, Idaho. Ms. Brodt is presenting news regarding First Friday and the Eagle Idaho Merchant Group that has been formed. She provides handouts to the Mayor and Council for review (copy attached to minutes). Ms. Brodt reviews the history of the First Friday event. They are looking for support and partnership throughout the community. She is opposed to the proposed Downtown Plan and feels it will be detrimental to the current and existing uniqueness of the downtown. Ms. Brodt would like to see tax dollars invested in the current businesses rather than focusing on potential or future businesses. They would like assistance in funding their marketing efforts and need help in keeping their businesses open. The requested funding is between $500 - $1,000 on a monthly basis, or perhaps $4,000 to fund a campaign around whatever the City can give as support. The Chamber of Commerce has been able to only provide limited support due to their (the Chambers) financial situation. Semanko asks ifthe upcoming First Friday event could be posted on the City's website or a link added. Discussion. Councilmember Semanko takes a moment to publicly acknowledge the almost 8 months that Councilman Huffaker has put in as our Acting Mayor. It has been a phenomenal effort on his part. Mary DeFayette, 2200 Halsey Eagle, Idaho. Ms. DeFayette agrees with what Norm said about Council Member Huffaker and his service to the City. She feels the Council owes it to Huffaker to pay him the prorated amount ofthe $30,000 for his time as Acting Mayor. Page 2 KICOUNCIL\MINUTESITemporary Minutes Wnrk AreaICC-IO-26-IOspmin.doc Semanko makes a motion to amend the agenda to add item B under 14 for Personnel under Executive Session. Seconded by Grasser. ALL AYE...MOTION CARRIES. Kelly Beech with Gaia Studio and Gallery at 237 N. 1 st Street Eagle, Idaho. She concurs with Melissa Brodts comments and the usefulness of First Friday to her business. Ms. Beech feels that First Friday is really something the City needs to get involved with to keep the small business's alive and vibrant and to continue to bring people to downtown Eagle. Kathi Venz, 1580 E. State Street Eagle, Idaho. She owns a small business in Eagle. She is a member of the merchant association and feels like there has been a great benefit from the First Friday events. 8. 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. Claims Ae:ainst the City. B. Reappointment to the Eae:le Public Library Board: Upon recommendation of the Eagle Public Library Board, the Mayor is requesting the confirmation of the reappointment of Margo Walter to the Board. Ms. Walter will be serving a five year term. This item was continuedfrom the October 12,2010 meeting. C. Minutes of October 12. 2010: D. User Ae:reement between City of Eae:le and Eae:le Foothills BMX. Inc.: (MJE) E. Service Ae:reement for Animal Control Services between City of Eae:le and the Idaho Humane Society: (MJE) F. Cooperative Ae:reement between Valley Ree:ional Transit and City of Eae:le for Annual Dues and Service Contribution: (SEB) G. Professional Services Ae:reement between the City of Eae:le and Holladay Ene:ineerine: Companv: (SEB) City Attorney requests that item 8F be removed from the consent agenda. Huffaker moves to approve the amended Consent Agenda. Seconded by Semanko. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES. City Attorney Buxton notes a type-o on page 2. The City of Eagle's address needs to be inserted and Caldwell's deleted, with that change, she would ask that Council approve the agreement. So moyed by Huffaker. Seconded by Shoushtarian. ALL AYE.. .MOTION CARRIES. Page J K\COUNCILIMINUTESITemporary Minutes Work AreaICC-IO-26-lOspmin.dnc Semanko would like a dialogue with VRT to improve service in Eagle, especially the physical configuration of bus route. Grasser concurs and would like it to be an agenized item and seek public comment. Kellie Fairless Executive Director with Valley Regional Transit. She would welcome a dialogue and public comment on the transit and would be happy to come to a Council meeting to discuss ideas and concerns. 9. PROCLAMATIONS & RESOLUTIONS: A. Resolution No. 10-27: A resolution of the City of Eagle authorizing the declaring surplus property. The City Clerk is requesting that certain fixed assets be surplused s the assets are no longer required to conduct City business. (SKB) Mayor Reynolds introduces the item. City Attorney provides clarification on the bidding process, and the establishment of minimum low bid in regard to Idaho State Code. Discussion regarding the mileage of the vehicles and bid notification options. Discussion. Huffaker moves to approve Resolution 10-27 surplus equipment and add to the paragraph regarding "a public sale by sealed bids" at the end where it says "to the highest bidder" that we "establish a minimum of low blue book value as determined by the Director of Public Works and the Mayor". Seconded by Grasser. ALL AYE...MOTION CARRIES. B. Resolution No. 10-28: A resolution of the City of Eagle authorizing the declaration of surplus property. The City Clerk and the Library Director of the City of Eagle, Idaho are requesting that certain fixed assets be surplused as the assets are no longer required to conduct Library business. (SKB) Mayor Reynolds introduces the item. Huffaker moves to approve agenda item 9B Resolution 10-28 surplus property. Seconded by Semanko. ALL AYE.. .MOTION CARRIES. 10. UNFINISHED BUSINESS: A. DR-49-01 MOD - Modification to One Buildine: Wall Sie:n and The Monument Sie:n Includine: the Addition of a Second Buildine: Wall Sie:n for Washine:ton Federal Savine:s Bank - Washine:ton Federal Savine:s: Washington Federal Savings, represented by Tony Meade with Idaho Electric Signs Inc., is requesting design review approval to modify the existing building wall sign and monument sign and to add a second building wall sign. The site is located on the south side of East State Street approximately 265-feet west of North Palmetto Avenue at 701 East State Street. This item was continuedfrom the October 12,2010 meeting. (WEV) Mayor Reynolds introduces the item. Huffaker thanks the Council for their patience in continuing this item to allow time to visit other site locations. Tony Meade with Idaho Electric Signs provides comment on signs at other locations. Page 4 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-IO-26-lOspmin.dnc Semanko moves to approve DR-49-01 MOD - Modification to One Building Wall Sign and The Monument Sign Including the Addition of a Second Building Wall Sign for Washington Federal Savings Bank. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. B. EXT-05-10/PP-02-06 - Preliminarv Plat Extension of Time for Brutsman Subdivision - Shawn Ross: Shawn Ross represented by Shawn Nickel with SLN Planning, is requesting a two (2) year extension oftime for the preliminary plat approval for Brutsman Subdivision, a 17 lot (12-buildable, I-existing, 4-common) residential subdivision. The 4.86-acre site is located approximately 1,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895 Horseshoe Bend Road. This item was continuedfrom the October 12,2010 meeting. (WEV) Mayor Reynolds introduces the item. Shawn Nickel, 148 N. Second Street Eagle, Idaho, representing Shawn Ross reviews the application. Discussion regarding the number of previous extensions of time and the status ofthe project. Semanko moves to approve the extension request subject to the staff recommendation of a one year extension which would expire July 10, 2011. Seconded by Grasser. ALL AYE...MOTION CARRIES. I I. PUBLIC HEARINGS: A. CPA-OI-I0 - Comprehensive Plan Map and Text Amendment - Downtown Eae:le Subarea Plan: The City of Eagle is proposing a Comprehensive Plan Map and Text Amendment for the "Downtown Eagle Subarea Plan." The plan includes text changes and changes to the Future Land Use Map for +/- 340 acres from Central Business District, Residential Four (four (4) units per acre), Mixed Use, and Commercial to "Downtown." The +/-340-acre subarea is generally located north of the State Highway 44 Bypass, south of the Dry Creek Canal, west of Edgewood Lane, and east of Taylor Street. The changes are more specifically described in the application on file at the City of Eagle or on the City's website at www.cityofeagle.org. Mayor Reynolds introduces the item. City Planner Baird Spencer reviews the notification process for the public hearing tonight and the extensive community involvement that was solicited to help create the plan that is before the Mayor and Council tonight. Baird Spencer reviews the downtown plan. (The power point presentation is included with the minutes.) Mayor opens the public hearing. Bob Taunton and Ed Miller chair of the Urban Land Institute in Idaho. Mr. Taunton introduces the history of the ULI and Eagle's participation. Ed Miller reviews a study that the ULI conducted. A copy of the ULI Study is provided to the Mayor and Council and one is included with the minutes. Miller compliments the report presented to the Council tonight as well as the City Staff and community involvement. He highlights the areas which the CPA presented tonight Page 5 KICOUNCILIMlNUTESITemporary Minutes Work AreaICC-IO-26-10spmin.doc agrees with the ULI report. Mr. Miller comments that the length of the document is quite massive and could benefit to be pared down. The implementation will be a challenge of how to promote and implement the plan and get it to coordinate with ordinances. Discussion. Mr. Taunton feels that the City should have a concept of the market and what reality is - what the market opportunity is for the community. Taunton and Miller recommend selecting two or three goals and focusing on seeing those through to completion by focusing their efforts on them. Discussion. Sheila Martin, 267 N. 1 st Street, Eagle, Idaho. Ms. Martin wishes there was more consecutiveness to the residents. Her neighbors had not even heard of this plan. Ms. Martin did not feel that the residents received adequate notice and encourages the Council, Commissions, and Staff to be more welcoming to the residents. She comments on neighboring businesses and the welcoming feel of 1 sl Street. Ms. Martin would like a Town Hall meeting on the downtown plan; the displaced residents should have the opportunity to comment. A smaller vision for the downtown would be a better approach. Ms. Martin would like the Council to hold off acting on this plan until more public input is sought. Discussion. She is against approving the plan. Ken Martin 237 N. 1 st Street Eagle, Idaho. Mr. Martin is retired military. He does not want to give away his power and the idea of his street being included in this plan is disconcerting to him. The plan is too grand. The residents need to be consulted not the developers. Mr. Martin encourages practicality with taxpayer dollars, and the encouragement of involvement for Eagle residents. Jason Hass, 1483 N. Foxpoint Place, Eagle, Idaho. Mr Hass is an Eagle resident and member of the Urban Renewal Agency. It is his understanding that this is a plan - a starting point. The time, effort, and energy that have gone into this have been outstanding. Mr. Hass compliments Planner Baird Spencer, the participants, the Chamber, and all those that have been involved in the development of this plan. The development of this plan has taken years. City Staff has incorporated the public involvement vision and comments extremely well into this plan. He encourages Council to move this plan forward, extensive time and dedication has gone into it and it provides visions and goals for our community. Mr. Hass states that this plan compliments nicely with what the Urban Renewal Agency has been working on. Discussion. A member of the audience interjects during Mr. Hass testimony. City Attorney Buxton provides clarification on public hearing procedures in accordance with Idaho State Law. Continued discussion between Mr. Hass and Council. City Attorney Buxton explains the procedural steps that would occur ifthis plan was approved and what would follow in regard to ordinance changes. She touches on restrictions that exist in Eagle City Code and Idaho State law. Sheila Martin, 267 N. I st Street, Eagle, Idaho disagrees with Mr. Hass testimony. She feels that the Urban Renewal Agency will increase taxes and that this Comprehensive Plan Amendment will drive the Urban Renewal Agency. Mr. Hass states he would be happy to bring people up to speed on the recent activities on the Urban Renewal Agency and their meetings are open to the public. He encourages the Martin's to attend their meetings. Page 6 KICOUNCILIMlNUTESITemporary Minules Work AreaICC-IO-26-10spmindoc Huffaker comments that the Urban Renewal Agency will be addressing Council at their first meeting in November where the Agency will explain what they do. This would be a great meeting to attend. And for clarification, Urban Renewal collects taxes it is not adding on to anyone's tax base at all. It is basically tax that is diverted from other tax districts that you already get taxed from and it is moved over to urban renewal to help projects that may come into the area. Urban renewal does not increase anyone's tax. It is just that part of their tax that is diverted to urban renewal to help them develop blighted areas. Discussion. Huffaker states that these different parts of the Downtown Plan allow for a mixture of uses. For example in the area Martin's are concerned about it actually promotes that it will be single family residences there, small boutique shops and small offices. It doesn't promote a 5-6 story building in that area, and actually, according to the plan, that area is actually the lowest intensity, lowest dense area of activity in the plan. Huffaker points out that this in not Planner Baird Spencer's concept plan. This was a plan that was worked on with people in the community over about a three year period. There were community meetings and mailings that were sent out to every single person in the City of Eagle, not just a notice in the paper, but mailings that detailed what the city was doing and that the discussion would be about what was happening in the downtown and encouraging people to attend. There were multiple meetings on different nights to accommodate people's schedules so they could attend. A number of people from the community did show up, there has never been a secret about what is going on. Our Planner has simply put together what the consensus was of the people that showed up at the meetings. Tonight is another opportunity for people to give us their input and review the plan. We welcome all of the input we get. Huffaker reviews the correspondence distribution process that staff follows for items received via mail and e-mail. Discussion. Shoushtarian states that with the comprehensive plan we are setting up a policy. He states that he attended almost all of the meetings during the last three years and has been very involving in the plan. Also he attended the ULI at City Hall. Shoushtarian mentions that he will withhold his comments on the plan until the end of the public testimony to express his opinion. He appreciates the hard work that Planner Baird Spencer has done over the last three years. Once this plan is set, it is a vision for Eagle. If this is approved, at that point when someone comes forward with an application this downtown plan will provide a guide for us, a policy in the form of the comprehensive plan. This plan would be used as a vision to guide future land use decisions. As a City Planner, Shoushtarian he explains that he has done planning for many years, possesses a planning degree, and has also done work as a developer. As a developer he understands commercial development. The 340 acres that are included in this application is of concern to him. A formula exists, that based on the population of the city, and square footage of the whole city, is used to calculate the downtown. A great many people throughout the world utilize this formula. He would like to see the formula utilized to calculate the proposed plan before the Council tonight. A standardized calculation should be done. Shoushtarian states that he strongly feels the public hearing should be continued to encourage more public comment. This decision will have a far reaching impact on the city. Discussion. Semanko would like the public hearing to remain open for the two regular meetings in November as well as the Town Hall meeting. He would like the plan better publicized, especially those affected by the plan. Semanko praises Planner Baird Spencer for the work product and what went into the plan before them tonight. It is now up to the Council to listen to the public Page 7 K\COUNCILIMINUTESITemporary Minutes Work AreaICC-IO-26-lOspmindoc testimony and decide on what will be retained or removed from the final plan. There is a need for a plan and feels that this is a good starting point. Discussion. Buxton states the notice for the Town Hall meeting will need to list the CPA out as a public hearing so that a transcribable record must be maintained for this land use item. Because of the formal public hearing requirement under the local land use planning act, you have to have formal testimony at the Town Hall meeting. The speakers will need to identify themselves and give name and address, just like in a regular Council meeting. The record needs to be clear and transcribable. Discussion. Grasser compliments City Planner Baird Spencer on a very professional plan and agrees with Mr. Hass that there is a need for the plan. He states that he really feels that the people in the identified area really need to get engaged. Grasser remembers when the original notices were sent out and that the plan was just being formed. Now that the plan has been drafted and more detail exists, the people should be able to get more information, ask questions and get a better understanding of what is proposed for approval. Discussion. Buxton verifies that the public hearing notices and meeting notices that were done by staff were in accordance to Idaho State Law. However, if the Council would like other means taken to get the word out, she encourages Council to direct staff as to specific methods to reach out to the public. Discussion regarding additional notice method desired and cost. All of the Council would like a postcard mailed to the affected residential areas notifying them of public hearings in November. A general message of the comprehensive plan application, where they can view it and of the public hearing dates in November. Discussion. Semanko moves to continue the public hearing to include the Council meetings on November 9th and 23rd and that we also have this as a featured topic at the Town Hall meeting with the appropriate legal requirements in that notice. And that we also instruct staff to do a postcard notifying landowner owners within the proposed downtown, expanded downtown area of the proposed plan and proposed plan in designated, whatever the appropriate term is of their land and inviting them to testify at one or more of the three designated opportunities in November. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. C. Ordinance 647 - ZOA-03-08 -Zonine: Ordinance Amendment - City of Eae:le: The City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 6, Section 6 and Chapter 7, Section 3 ofthe Eagle City Code, and amending Title 9 "Land Subdivisions", Chapter 2, Sections 3 and 4 of the Eagle City Code. The proposed ordinance amendment, in brief, pertains to approval of extensions of time relative to conditional use permits, preliminary and final plats, and preliminary and final development plans for planned unit developments. This item was continuedfrom the October 12,2010 meeting. The public hearing was closed at the October 12, 2010. (WEV) Mayor Reynolds introduces the item. Huffaker moves to approve Ordinance 647 with all of the criteria added as we are looking at it tonight, removing the various subsections within this ordinance that indicate that it has to be only a maximum 2 extensions of time up to 12 months. And the reason I would do that is just that I Page 8 K:\COUNCILIMlNUTESITemporary Minutes Work AreaICC-IO-26-lOspmindoc think that occasionally we are going to get something in here that may have a really good reason why it needs more than 2 extensions. I think the criteria that are given, give us the guidelines where we can say no to things that don't meet the criteria. And I think the criteria finally identifies, enough for me, that I can say no to someone if I want to rather than just having it be completely arbitrary. So my motion would be to approve this ordinance taking out 8-6- 6-3(2), 9-2-3(2) and 9-2-4(2). Seconded by Semanko. Discussion. Huffaker amends to clarify that each extension could no greater than 12 months, as far as preliminary plats, final plats as well as the development plan. Second concurs with the amendment. Discussion. Semanko suggests that item A-E criteria would remain. Adding the applicants demonstrate a reasonable of finalizing before the extended deadline. And that the applicant has provided a reasonable schedule to complete the project. Then instead of striking number 2 completely which is the limitation of the extensions we would change that to say that the Council reserves the right at any time to revoke or modify the extension or any extension in the event that the criteria is no longer being met. Huffaker withdraws his motion. Second concurs. Discussion. Huffaker moves that the language be changed to add concepts that were articulated for F and G to be added to each of the subsections and a new number 2 be written that gives us the right to revoke any extension that has already been granted if they are not meeting the criteria and that those be changes be brought be for us at the next meeting. The plan is F the schedule is G and the new number 2. Seconded by Semanko. ALL AYE...MOTION CARRIES. D. Ordinance 638 - ZOA-OI-09 - Zonine: Ordinance Amendment - City of Eae:le: The City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2A "Design Review Overlay District". The proposed ordinance amendment, in brief, is to amend the approval process for Design Review applications and to amend the provisions for the use of Special Signs. This item was continuedfrom the October 12,2010 meeting. The public hearing was closed at the October 12,2010. (WEV) Mayor Reynolds introduces the item. General discussion. Huffaker moves to amend the language to add language that has been suggested for F and G and change language of 2 to be that it is revocable at any time, and that extensions cannot exceed 12 months of time and bring it back at the next meeting for review. Seconded by Semanko. ALL AYE...MOTION CARRIES. 12. NEW BUSINESS: A. EXT-07-10/PP-OI-06 - Preliminarv Plat Extension of Time for Mosca Seca Subdivision (aka Lee:acy) - Land Interests. Inc.. represented by Tom DeLuca: Land Interests Inc., represented by Tom DeLuca, is requesting a one (1) year extension of time for the preliminary plat approval for Mosca Seca Subdivision, a 386-lotresidential subdivision (344-residential, 41- common, and I-academy lot). The 228.79 acre site is located south of Floating Feather Road and west of Linder Road. (WEV) Page 9 KICOUNClLIMINUTESI Temporary Minutes Work ArealCC-l 0-26-1 Ospmin.doc Continued to November 9, 2010 meeting. See motion above. 13. REPORTS: A. Mayor and Council Reports and Concerns: Semanko notes that the ACHD cost share agreement was approved. He attend the breakfast with the Friends of the Library. B. City Clerk/Treasurer Report: Town Hall Meeting scheduled for November 16th at 6:30 p.m. Discussion of December meeting dates. Council concurs to cancel the rd meeting of December. C. Zoning Administrator's Report: He has been requested to testify before the BOCC regarding the Eagle Island Market Place. Discussion. Semanko directs staff to put council action regarding directing staff to attend a BOCC meeting regarding Eagle Island Market Place on the November 9,2010 meeting agenda. D. Public Works Director Report: None E. City Attorney Report: Buxton briefs the Council on recent activities with the Wilson Properties. Discussion. She also gives an update on the co-location of the ACSO and recent interaction from Hawkins Smith, the owner of the City Hall building. 14. EXECUTIVE SESSION: A. Pendine: and Threatened Litie:ation: I.C. 67-2345 (f) There is nothing to discuss under threatened litigation. B. Personnel Matters :I.C. 67-2345 (a & b) Semanko moves to go into Executive Session in accordance with I.C. 67-2345(b) for the discussion of personnel the potential compensation for acting mayor services. Seconded by Grasser. Seconded by Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Grasser: AYE: ALL AYES... MOTION CARRIES. Before Deputy Clerk Osborn can turn off the recording, Huffaker requests that this item actually be addressed in open session. Huffaker states that for the record he did not ask Mary Defayette to address this and he did not ask Semanko to add it to the agenda. He would rather it remain a discussion in open session. Semanko acknowledges that Huffaker didn't ask him to add this to the agenda. He does feel that perhaps compensation should take place and it is a reasonable request by Ms. Defayette. Grasser notes that as Council President, he was compensated for his Council President duties which do include serving as acting mayor in the absence of a mayor. It is unfortunate that he had to assume the role for 8 months as acting Mayor. He would rather not touch the carry over monies from last fiscal year, a portion of which were a result of not having a mayor seated and compensated for 7 months. Semanko suggests compensating Huffaker for his duties from Oct. 1- 25th which does occur in this fiscal year. Grasser is supportive of that suggestion. Discussion. Semanko moves to authorize compensation for Councilman Huffaker for his time during this fiscal year from October 1st through the swearing in of the interim Mayor and that and other appropriate recognition be provided to Michael for the period of service as acting Mayor. Seconded by Grasser. SEMANKO AYE; GRASSER AYE; SHOUSHTARIAN A YE. HUFFAKER ABSTAINS. MOTION CARRIES. Huffaker suggests amending code to call out compensation for the acting mayor position. Page 10 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-IO-26-10spmindoc 15. ADJOURNMENT: Adjourned at 12:40 a.m. Semanko moves to adjourn. Seconded by Shoustarian. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:40 a.m. Respectful1y submitted: ~ r..-uo -f(~ ./ SHARON K. BERGMANN CITY CLERK/TREASURER ",111111... "~I "" ....\ -{ 0 F E-1 '" ....... ...'\. ........ O( '" .... ~ -'" .- -. tI ~ v.. POR .. ~ ~ .. · o\l- -1..... -:. : : 0 '~ · : =*: : : : : ~.~ : * : ;. ~.-:"t- SEA L ~.....: : ~ <P -.('0 ....Or.. 0 ~ -:. /> ..:I'OR^....'(~...\.. ~ " .r<J r ....... ~'? ...... "'" l:: 0 F \ \) ",,, ""," II ..."", AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 11 KICOUNCILIMlNUTESITemporary Minutes Work AreaICC-IO-26-lOspmindoc EAGLE PUBLIC LIBRARY SYSTEM STATISTICS REPORT -- September 2010 CIRCULATION/Books Adult Young Adult Juvenile Sub Total CIRCULATION/Audio Visual Adult Young Adult Juvenile Sub Total EPL TOTAL CIRCULATION CIRCULATION SUMMARY Check-outs Check -ins Renewals-Opac Renewals-Telecirc Renewals -1n House Requests Placed Requests Resolved(Filled) Holds Picked Up Holds Expired ILLs RECEIVED Non -Consortium Consortium ILLs SENT Non -Consortium Consortium NEW EPL CARDS ISSUED Resident Non -Resident REFERENCE SUMMARY Adult Reference Desk Children's Reference Desk Circulation Desk TOTAL PATRON COUNT This Month MEETING ROOM USE SUMMARY Proqrams Community Usage Youth Programs Adult Programs TOTAL PROGRAMS Attendance Community Attendance Youth Prog Attendance Adult Prog Attendance TOTAL ATTENDANCE 7,708 1,211 6,923 15,8421 4,708 132 1,964 6,8041 22,6461 22,646 23,254 2,515 491 412 4,124 8,268 3,447 418 13 12 69 25 148 3 651 261 720 1,632 12,7271 Last Year This Month 8,100 1,364 7,085 16,5491 5,344 127 2,094 1,5651 24,1141 24,114 24,305 2,573 606 320 3,923 7,856 3,368 394 7 11 49 17 1401 473 195 532 1,2001 11,2421 Percent This Year Change to Date 95,878 16,581 84,427 196, 886 -12% 65,192 4% 1,591 -6% 26,352 -10%1 93,1351 -6u/01 290,021 -6% -4% -2% -19% 29% 5% 5% 2% 6% 86% 9% 41% 47% 6% 0% 38% 34% 35% 36%/oI 290,021 295,809 31,357 6,193 4,716 48,367 97,066 40,427 4,916 1641 97 670 176 1,4571 26 5,189 2,535 7,420 15,1441 Last Year Percent to Date Change 107,987 18,788 101,008 227, 783 75,463 1,785 27,521 104,7691 332,5521 332,552 335,977 33,659 8,274 9,222 52,699 104,958 45,567 5,318 2691 77 521 115 1,747 23 5,389 4,361 6,825 16,5751 -13% -12% -7% -25% -49% -8% -8% -11% -8% -39% 26% 29% 53% -17% 13% -4% -42% 9% 13%1 156, 2871 173,1271 -10%1 0 8 -100% 0 134 -100% 7 8 100% 142 172 -17% 4 2 100% 30 40 -25% 111 181 -39%i 1 721 3461 -b0%1 0 345 -100% 604 3,776 -84% 205 300 0% 5,695 7,495 -24% 42 20 110% 552 633 -13% 2471 6651 -63%1 6,851 1 11,904 -42%1 EAGLE PUBLIC LIBRARY RECIPROCAL BORROWING STATISTICS -- September 2010 Items checked out at EPL by Consortium members' patrons. Percent ot Percent ot This This Month Last Year Percent This Year To Date Last Year Percent Month Circulation This Month Change to Date Circulation to Date Change CHECKOUTS Ada Community 2,784 2,835 -2% 36,849 42,820 Boise 3,897 4,106 -5% 48,948 62,049 Caldwell 151 10 1410% 580 529 Emmett 103 1,094 0 Garden City 366 268 37% 3,384 5,661 Hailey 0 0 0% 7 8 Mountain Home 1 0 0% 11 2 Meridian 853 1,123 -24% 10,422 14,035 Nampa 106 106 0% 1,524 1,833 Twin Falls 0 1 0% 3 9 Total 8,261 36% 8,449 -2.23% 102,822 35% 126,946 -19.00% Total EPL Circulation 22,646 24,114 290,021 332,552 Items checked out at consortium member locations by EPL patrons. This Last Year This Year Last Year Month This Month to Date to Date CHECKOUTS Ada Community 487 420 6,553 6,504 Boise 1,711 1,750 21,970 17,354 Caldwell 21 23 315 235 Emmett 76 652 0 Garden City 346 489 4,802 5,020 Hailey 0 0 0 2 Mountain Home 0 0 10 3 Meridian 621 718 7,354 6,462 Nampa 81 59 898 988 Twin Falls 1 0 29 12 Total 3,344 3,459 42,583, 36,580 Number of EPL items checked out at other consortium locations. This Last Year Percent This Year Last Year Percent Month This Month Change to Date to Date Change 4,3881 4,0771 8% 51,8401 J 49,9221 4%1 EAGLE PUBLIC LIBRARY STATISTICS SEPTEMBER 2010 CIRCULATION Total Items Checked Out al EPL Total Items Renevted al EPL Total Items Checked In al EPL Sep -09 Oct -09 Nov -09 Dec -09 Jan -10 Feb -10 Mar -10 Apr -10 May -10 Jun -10 Jul -10 Aug -10 Sep -10 09-10 Total 08-09 Total 07-08 Total 24,114 23,527 23,542 20,491 23,417 22,989 27,108 23,295 21,778 27,673 28,210 25,345 22,646 290.021 332,552 329,567 3,499 3,572 3,549 3,214 3,004 3,410 3,918 3,828 3,399 3,600 4,203 3,649 3,418 42,764 51,882 47,877 24,305 24,525 23.571 22.641 21,801 22,750 27,280 24.723 22.729 26.720 29,282 26,533 23.254 295,809 335,977 327.381 CIRCULATION OF EPL ITEMS Books 14,313 13,3/9 13,141 11.126 13,747 13,587 16,297 14,006 12,990 17,187 17.153 15,043 13,892 171,548 197,990 199,336 New Books 1,200 1.248 1,205 1,232 1,266 1.231 1,364 1,235 1,130 1,401 1,252 1,302 1.262 15.128 18,413 16,766 Fbl,aay books 339 466 656 531 104 69 4 1 2 0 1 1 0 1,835 1,931 2,191 V,dcorDVD 5.398 5,630 5.756 5,013 5,501 5.294 6.131 5,137 4,869 5,727 5,875 5,443 4,547 64,923 74,447 72.000 audio Books 1,133 973 928 848 861 1.016 1.151 953 998 1,297 1.456 1.197 975 12,653 13,989 14,061 Music (CDs) 888 976 1.033 919 914 882 1,148 1,111 1,068 1,144 1,398 1.310 976 12,879 14,245 14,121 Penodicals 471 518 418 427 647 479 500 435 391 537 713 653 4736,191 7,055 7,323 TOTAL a OF CHECK0UT$ OF EPL ITEMS 23,742 23.190 23,137 20.096 23.040 22.558 26.595 22,878 21.448 27.293 27.848 24,949 22,125 285,157 328,070 325,800 EAGLE PATRON CIRCULATION Patron over 18 12,606 12.782 12.735 10,955 12,212 11.824 14,150 12.446 11,797 14,237 14.023 13.137 12.078 152,376 167,702 173,174 Patron under 18 2,915 2,465 2,573 2,262 2,551 2.427 3.174 2,388 2.090 3.795 4.062 2,951 2.159 32,897 36,618 36,280 Courtesy Patron 0 TOTAL 0 OF TRANSACTIONS BY EPL PATRONS 15.521 15,247 15.308 13,217 14,763 14,251 17,324 14,834 13,887 18.032 18.085 16,088 14.237 185.273 204,320 209,454 NEW CARDS ISSUED AT EAGLE Eagle City Patrons 140 116 120 61 134 134 124 89 102 177 140 135 151 1,483 1,661 Ada Patrons 9 24 17 8 18 15 22 15 14 24 24 9 25 215 280 Boise Patrons 25 22 20 10 13 6 16 12 5 11 12 12 22 161 260 Garden City Patrons 2 1 3 2 2 1 0 3 1 5 1 3 0 22 28 mention Patrons 11 4 9 3 6 1 1 0 2 3 3 2 12 46 73 TOTAL a OF CARDS ISSUED AT EAGLE 187 167 169 84 173 157 163 119 124 220 180 161 210 1,927 2.302 TOTAL EAGLE CARD HOLDERS 9,051 9,142 9,221 9,276 9,430 9.543 9,668 9,767 9,832 9,494 9,567 9,714 9.868 EPL COLLECTION CHANGE Holdings Added 476 894 397 609 553 427 893 616 706 755 742 825 1,010 8,427 9,176 11,041 Hotd,ngsDeleted (727) (242) (333) (307) (281) 0 (336) (290) (269) (368) (224) (347) (293) (3,290) (4,493) (2,497) TOTAL COLLECTION CHANGE (251) 652 64 302 272 427 557 326 437 387 518 478 717 5.137 4,683 8,544 TOTAL COLLECTION HOLDINGS 89,247 89,712 89,856 90,122 90.436 90,725 91,300 91,646 92.063 92.537 92.940 93,551 94,125 OTHER Gate Tralhc 11,242 12,645 12,092 10,621 12,458 11.960 14.213 12,178 11,090 16.353 16.172 13,778 12,727 156,287 173,127 189.989 Monies Collected S2,672 19 52,415 03 52,516 25 52,434 51 52.826 64 52,504 84 53,111 25 52,659 24 52,551 97 $3.302.40 52,737 96 53,762 55 52 980.24 $33.802 88 38,891 539,903.66 Folds/ Requests F,Iled 7,856 7,770 7,336 7,051 8,109 7,748 8.916 8.139 7.626 8.701 8.914 8,488 8,268 97.066 104,958 100,528 Inlen,brary Loans Roco,ved 18 21 26 23 18 16 18 31 12 29 17 25 25 261 272 235 Interlibrary Loans Sent 66 61 60 57 56 86 70 101 73 91 85 69 94 903 694 570 Interlibrary Loans Filled 84 82 86 80 74 102 88 132 85 120 102 94 119 1,164 966 805 Mectng Room Attendance 365 99 100 140 180 45 0 40 I 0 0 0 0 0 604 3,683 4,080 StoryumeAttendance 300 454 773 0 438 1,048 905 704 467 409 687 72 205 6,162 7,495 11,090 Computer Lab Usage 1,117 1,038 855 815 910 1,008 1,173 994 904 1,037 1,184 1,238 1.284 12,440 14,943 15,854 Volunteer Hours 122 129 159 102 172 174 202 186 152 235 344 156 158 2,168 1,996 1,964 Eagle 15,666 15.354 15,429 13,426 14,885 14,377 17,479 14,964 13,997 18,159 18,185 16,311 14,385 186,951 205,759 198,234 RECIPROCAL BORROWING 0 Ada Community 2,835 3,015 2.860 2.350 2.899 2,844 3.256 2.896 2,898 3.656 3,972 3,419 2.784 36.849 42,820 41.859 Boise 4106 3772 3,902 3,601 4,075 4,393 4.582 3,891 3,653 4.337 4 702 4,143 3,897 48.948 62,049 66,695 Caltlwell 10 27 40 25 31 34 43 42 21 36 36 94 151 580 529 679 Emmen 1 31 134 195 151 155 213 140 167 103 1,289 Garden Cily 268 324 289 296 285 256 301 200 190 272 303 302 366 3,384 5,661 4,914 Mend,an 1.123 925 852 685 1,077 828 1,063 987 778 834 760 780 853 10,422 14,035 14,565 Nampa 106 110 129 106 134 120 184 154 86 160 109 126 106 1,524 1,833 1,940 TOTAL RECIPROCAL BORROWING 8 448 8.173 8 072 7 063 8 532 8 609 9 624 8 321 7 781 9506 10 022 9 n�1 8 260 102.996 126 a?7 17n AS2 30,000 29,000 28,000 27,000 26,000 '5,000 '4,000 3,000 ;2,000 1,000 20,000 19,000 18,000 17,000 16,000 15,000 14,000 13,000 12,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 Eagle Patron Circulation -Eagle Patron Totals m 0 0o 0 < 0 1 1 I C C m m 0 c c m v m 1 , ▪ 1 I 2 + TOTAL # OF CHECKOUTS OF EPL ITEMS f Gate Traffic Holiday books 0% New Books 6% CIRCULATION OF EPL ITEMS Music (CDs) Periodicals Audio Books 4% 2% 4% Video/DVD 21% ® Books • Audio Books o New Books Music (CDs) Holiday books Periodicals ■ Video/DVD Books 63% New Cards Issued at Eagle C> 0 0 0 N N r Sep -10 Aug -10 Jul -10 Jun -10 May -10 Apr -10 Mar -10 Feb -10 Jan -10 Dec -09 Nov -09 Oct -09 Sep -09 Cardholders 10,000 9,800 9,600 9,400 9,200 9.000 8.800 8,600 TOTAL EAGLE CARDHOLDERS SYSTEMWIDE Sep -09 Oct -09 Nov -09 Dec -09 Jan -10 Feb -10 Mar -10 Apr- 10 May -10 Jun -10 Jul -10 Aug -10 Sep -10 5 Month Net Collection Change - Materials Added to Collection 1 Sep -10 L [ Aug -10 Jul -10 Jun -10 May -10 Apr -10 Mar -10 Feb -10 Jan -10 Dec -09 111- Nov -09 r 0 0 0 0 CO CO v CN o Oct -09 1 0 0 0 0 -r ■ 97,500 95,000 92,500 90,000 87,500 85,000 82,500 80,000 77,500 75,000 72,500 70,000 67,500 65,000 62,500 60,000 57,500 55,000 52,500 50,000 47,500 45,000 42,500 40,000 37,500 35,000 32,500 30,000 Sep -09 Oct -09 Nov-( 9 lkc-( 9 Jan -10 ' Total Holdings 1 Leh -10 \IH• 10 \p)--10 7 N' ay- () Jun -10 Jul -1 ) E Aug -10 Sep -l0 Computer Lab Usage 0 0 0 0 -7 N 0 0 O 0 0 co 0 0 CD 0 0 V' 0 0 N 0 Sep -10 Aug -10 Jul -10 Jun -10 May -10 Apr -10 Mar -10 Feb -10 Jan -10 Dec -09 Nov -09 Oct -09 Sep -09 13,000 12,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 0) 0 D 0 0 0 C) z 0 0 0 0 Reciprocal Borrowing m 0 o- 0 9 0 0 1 v 0 0 0 D 0 0 0 September Reciprocal Borrowing by Library Caldwell 1% Garden City 2% Emmett Meridian 0% 4% Nampa 0% Boise 17% Ada Community 12% 10 DOWNTOWN EAGLE PLAN Application #CPA -01-10 City Council Hearing October 26, 2010 Presented by: Nichoel Baird Spencer, MCRP, AICP Planner III P&Z Commission Recommendation On September 20, 2010, the Eagle Planning and Zoning Commission voted 4 to 0 (Villegas absent) to recommend approval of the Downtown Eagle Sub- area Plan to the City Council. The last major planning effort for the Downtown was done in 1997-1999 with the 2000 Plan From 1997 to 2007 the City's population grew by 217% Citizens and businesses have expressed concerns about the impact of commercial development at the exterior of the community on the Downtown Unclear vision for downtown- retro fit existing structures, allow for commerce and employment, architectural styles, pedestrian facilities Planning Timeline: Chamber/City Partnership 2007 Community Visioning Spring 2008 Community Preference Survey Summer 2008 City/U of I URDC Charrette Winter 2008/2009 Transportation System Modeling (ACHD & COMPASS) Fall 2009 Infrastructure Surveys Winter 2009/Spring 2010 Downtown Work Group Winter/Spring 2010 Draft Plan Released June 14, 2010 Public open houses, First Friday, Saturday Market, Eagle Chamber Presentation July 2010 ❑ State Street should be pedestrian friendly. n Highest Intensity of uses should be focused along the SH 44 Bypass. u Connectivity to downtown was important. (pedestrians, bikes, & vehicles) II Height is less of an issue than context. i i Increased density is ok in the downtown area. nionroni initv Prjorjtjec Downtown should be a walkable "pedestrian friendly area" & vehicular traffic should not be the primary focus; Downtown should be the economic center of the community; Increasing density and intensity in the downtown is appropriate to achieve 1 & 2 above. Plan Vision IMP The Downtown Eagle area will function as a regional center for destination retail, cultural, education, government, office, and residential uses. It will have a vital retail core that transitions in use and character to healthy and inviting residential areas and adjoining employment areas. In addition to serving as a regional center, the Downtown Eagle Area will provide neighborhood -serving uses that help meet the daily needs of its residents and employees. Conceptual Land Uses \�V 4--► Road GMM Span. * Act.vly C.rt.. • TOO 0— T•ans. Raz* 3at.way Residential Transition - -d Town Foto Coiners Ace!l p enteis I u_ Residential Transition trrc 1F- Downtown Eagle Area will be designed to: ❑ Establish a distinctive, well maintained and well -branded downtown; ❑ Create a well -organized multi -use community that promotes the "live, work, play, and recreate" lifestyle; ❑ Promote and support a strong and vibrant business community; n Create an interconnected community that allows access to and across the regional highway system; n Promote and develop a unique downtown that supports pedestrian, bicycle, and transit connectivity. GOAL 1: Preserve, design, develop, and promote Downtown Eagle as the "Heart of Eagle" and the center of commerce and employment within the region: a source of pride for its citizens, a sense of identity from its historic roots, and a place of great character and attraction due to its unique urban form and diversity of activities. Ensure that development is designed to enhance: Mix of Land Uses Walkability r' Active Streets ® Civic and Community Center o Historical Significance Infill Development Diversity of Housing Choices GOAL 2: Make Downtown Eagle easy to get to for all modes of transportation and all generations - seek to expand and develop an interconnected street and pathway system. GOAL 3: Maintain Downtown Eagle as the heart and cultural center of the community with cohesive and complimentary architecture, planned and meaningful open spaces, pedestrian friendly streetscapes, and ample parking. Plan Goals u GOAL 4:Economic Development Goal: Increase the capacity of citizens, community groups, and city leaders to understand and respond to external and internal influences of change that affect the economic viability of the City GOAL 5: Seek, promote, and encourage the use of development incentives in the implementation of the Downtown Eagle Plan. Make it easier to develop in Downtown Eagle than anywhere else in the City and region. Land Use Map Changes Existing Comprehensive Plan Land Use Map; Proposed Downtown Land Use Map: herrova Chitral Eta rens Dis:nct Cesignatlon ant combine a I p•opertiee m:e a single rev Ia-id .rse distr ct "Downtowr" t �� �I—s=�. N NI VIII -11 �•`\l�'�: gr. ��! F WI v ` -t __: F ,r~i1i ;`L`T t'_ ' r[. t1•••• 9' y'P. � .rias, i�" ='_ 41.,._ RI_�liiiiif '"I:- Pa �. '�� Yrlj New Land Use Terms or - n Cottage Retail - Cottage retail is the retrofitting of free standing single family residential uses in the downtown into small office and/or retail uses without significantly impacting the residential character of the area. A good example of cottage retail is the Gaia Gallery on 1" Street (see picture below). While the structure has been altered, the residential scale has not been compromised. Cottage Retail is promoted in the draft Downtown Eagle Plan for the areas north of Idaho Street and west of Eagle Road from Plaza Drive to the Spoils Banks Canal. Gaia Gallery on First Street New Land Use Terms Pedestrian Friendly/Pedestrian Oriented - The extent to which the built environment is friendly to the presence of people living, shopping, visiting, enjoying, or spending time in an area. Factors affecting pedestrian friendliness include, but are not limited to: land use mix; street connectivity; residential density (residential units per area of residential use); "transparency" which includes amount of glass in windows and doors, as well as orientation and proximity of homes and buildings to watch over the street; plenty of places to go to near the majority of homes; placemaking, street designs that work for people, not just cars and retail floor area ratio. Walkability is often interchanged with pedestrian friendly. New Land Use Terms Live/Work is based on the traditional downtown living arrangement shopkeepers operated their businesses on the lower levels of a building while living in apartments above. Best for destination businesses or for offices with modest numbers of visitors such as: salons, insurance agencies, and other professional services. The intent of the Live/Work designation is to provide a transition from the downtown commercial and retail areas to residential areas. This designation permits and encourages the development of a medium -density neighborhood with a limited amount of compatible business, wholesale, limited retail, and production uses. New Land Use Terms r Transit Ready Development/Transit Oriented Development- Transit ready development (TRD) or transit oriented development (TOD) are terms used for development that is planned for the inclusion or the eventual provision of mass transit (bus, bus rapid transit, or train) as an integrated mode of transportation. TRD's are integrated vertical mixed use areas (residential above office/retail) that promote live/work environments. The Plaza Planning area became a logical location for a new employment center and an entry point for the regional commuter transit system into Downtown Eagle. The Planning Areas • • ' r , ; aNY, W•'• • • tramp' ,14111 4144,1,4.4 4s *4 •mos 1111mr -167 Mb 11111V1117 414*N1”1,111 W ll'Ik ilr.411114.4114'. Rip \i 11112 '11111111fii: 011Word margeII511111111111111 r• RINA ;MI rill 1 City of Eagle Downtown Planning Areas [77A Four Comers Oki Town Plaza Downtown General .•/ ••.•, Identify Transition Areas --4.7tav rag..•• • awe tfal1111019”'Iiiii 140 11011` 111111". NO woo 4,•04, •51ii num: 01 enguryi.,`POP 111111Iii WillartA • f...M.0.1t111 Sim wort Ciiy of Eagle Downton n Plaguing Areas r:77A Four Comers ni Old Town Plaza Downtown General rt- • ''.111110401114 - - • • r _ ___. Land Use Intensity Guide to Downtown General(unspecified area) Land Use Mixture ams High Density Residential r 1* 13+ units per aCn• MediumfHigh Density Residential 8-12 Units per acre i Regional Retail 300,000+ Sq ft Market Scale N Ada county General Commercial do Retail 30,000 —150,000 Sq ft —1 Neighborhood Retail & Services M odium Density 1 10,000-50,000 Sq ft Reside, 4-8 Units per acre Low Density Residential 3-4 Units per acre J Local SupportIBatique Up to 5,000 Sq ft Niche Market i High Density Employment •1-i, Stones Mixed D evelopment! Employment 3-+ Stones i 1 Low Density Office 2-3 Stories J / I The highlighted uses above represent the combined uses that are appropriate in areas NOT contained within a subarea. The partial inclusion of a land use indicates a limited potentiallopportunityfor that land use In the area, Old Towne I '.!Axxi -�- via,a ; IltplibillIII17.441Vir. 464 MI Id pts Rt V City of Eagle Old Town Planning Area \ Old Towne Eagle should maintain the quaint feel of a traditional town center; as the active community center and community gathering place for the City. Defined by: Pedestrian-scale (attached sidewalks, street fronts and open space amenities), Ensuring context sensitive design complementing the most significant historic structures, A traditional mix of retail, residential, office and public uses is to be maintained, State Street should be the focus for the highest intensity of uses in the area. Old Towne Land Use Intensity General Guide to Old Towne to Land Use Mixture High Density Residential 13+ Units per acre MediurnlHigh Density Residential 8-12 Units per acre Medium Density Residential 4-8 Units per acie J Low Density Residential 3-4 Units per acre Regional Retail 300,000+ Sq ft Market Scale. N. Ada county General Commercial & Retail 30,000 — 150,000 3q it Neighborhood Retail & Services 10,000-50,000 Sq ft Local S u pportlB outique Up to 5,000'nq rt Niche Market High Density Employment 4-0 Stomas Mixed D evelopmentl E mployrnent 3-4 Stories Low Density Office 2-3 Souse The highlighted u:••", above represent the combined uses that are appropriate in the Old Towne Area Specific applicability dl be dependent upon the mixture of uses Identified in the subarea text of this plan The partial inclusion of a land use indicates a limited potential/ opportunity for that land use in the area. Old Towne 14L1-' Multi -Family Units • Pathway and ccmtrol courtyard • Live/Work Mixed Use Civic Market Heritage Park Building height and use transitions Raised green areas with parking below Rowhouses Note: Though diagram shows 5 stories the land use matrix limits height to 4 stories in the Old Towne Area. Four Corners esi CC 7, 'NJ Cit of Eagle Four Corners Planning Area 11 jJ Four Comers vi OW Town MI Plaza I-7 Downtown g o n d a r Y r-LI.•7‘ LLINI",714:k •116114S44 a 401 ov • * 7If - • Old Towne, it should be treated as a unique urban design area, serving as an entry and place marker letting visitors know "You Have Arrived" in Downtown Eagle. n This area, though complementary to the architecture and designs found in Old Towne, should focus on: Corner entry buildings, Third story plazas and gardens, Creating a unique skyline and streetscape. 1 Land Use Intensity General Guide to Four Corners Land Use Mixture • High Densly Residential 13+ Units per acre 1 1 I I 1 i Medium/High 11. Density Residential8-12 nits per acre I Medium Density Residential 4-8 Units per acre Low Density Residential 3-4 units per acre 1 J Regional Retail 300.000+ Sq ft Market Scale: N Ada county 1 General C ommercial & Retail onn -- ; rr 000 wa ft Neighborhood Retail & Services 10,000-5[000 Sq ft_ Local Support/Boutique Up to 5,000 Sq ft Niche Market High Density Employment 3 toric Mixed Development/ I Employment j I 3-4 Stories Low Density Office 2-3 Stories The highlighted uses above represent the combined usesthatare appropriate in the Four Corners Area Specific applicability will be dependent upon the mixture of uses identified in the subarea text of this plan The partial inclusion of a land use indicates a limited potential/opportunity forthat land use in the area 1 1 Four Corn Four Corners -L Plaza 11 , 4 #44 lobar AD.611.s 4 44 #4, vi? Pre Wht. 4".isthafaLta-- ,"- ofroalig JT .4"1141 • i Mill11144ew ." Nwira ulna ilia vos-vOli 11 OW L 1 1111 F.1 Nil 114111111 Iiu11/40— • g 1 .._. ..._ . „.. . City of Eagle Plaza Planning Area = Four Comers .1 IMIII Old Town Plaza Downtown Boundary o -- 8 ogo 8 o • ta. 107.1=15.7 61;7 fir,64% ~w4z415 // 6712.14. I b 1 The vision for the Plaza Area is to create a "Transit Ready Development" (TRD). A TRD is similar to a Transit Oriented Development (TOD) except a TRD recognizes the need to establish transit supporting land use patterns before transit can be provided. The Plaza Area will provide supporting residential, retail, and employment uses that are critical to the vitality and evolving functions of Downtown. in Land Use Intensity General Guide to Plaza Land Use Mixture High Density Residential 13+ Units per acre MediiumlHigh Density Residential 8-12 Units per acre Medium Density Residential 4-8 Units per acre Low Density Residential 3-4 Units per acre J J Regional Retail 300,000+ Sq ft. h.aa.ketc1r:rde• 1,1 Ada county General C ommerciai & Retail 30.000 - 150, 000 Sq ft. N eighborhood Retail & Services 10,000-50,000 Sq ft. Local S upportBoutique Up to 5 000 Sq ft. Niche Market High Density Employment 4-6 Stories • Mixed Development/ Employment 4 Stones Low Density Office 2-3 Stories The highlighted uses above represent the combined usesthat are appropriate in the Plaza Area. Specific applicability will be dependent upon the mixture of uses identified inthe subareatext of this plan The partial inclusion of a land use indicates a limited potential/opportunityforthat land use in the area. J Plaza Downtown Street impr Proposed Streets Proposed &ewe 3 Trai CcrneaCr ExUN Sreets TOD:Urban ard, See Page XX of the DT Sub an 11111ft. 1 k • r' e C • • e•• • I - • • I L • 0 : • • -I, . . • • • . . • • • • • • 1, • e.„ • i" .0 • 1•111=e • . •—• •••••,-. • Ike., . • . " r - OLD STATE GATEWAY MARKET PARK MIITIO USE GREENWAY CANAL FOUNTAIN PUIZA HOTEL CIDONTOWERPLATI TOD NODE HWY 44 BYPASS Transportation Modeling Ed • ewood & State Hi • hwa 44 Location Edgewood N. of SH44 N. Bound S. Bound Existing 2009 Plan (Trips) 3700 3700 Location Existing 2009 Plan (Trips) Edgewood N. of SH44 N. Bound S. Bound Location Edgewood N. of SH44 N. Bound S. Bound Access to SH 44 @ Mid -mile COMPASS Trips % change 2300 -37.8% 7600 105.4% 2600 -29.7% 7900 113.5% Overpass to SH 44 @ Mid -mile COMPASS ACHD Trips % change Trips % change Trips ACHD % change 3700 6800 83.8% 10100 173.0% 3700 6800 83.8% 10100 173.0% Existing 2009 Plan (Trips) No Connection Mid -mile COMPASS ACHD Trips % change Trips % change 3700 7100 91.9% 11400 208.1% 3700 6900 86.5% 11500 210.8% Design & Charoch-all Cultural Development: Maintain Downtown Eagle as the cultural center of the City and expand Eagle's regional presence. Design & Chr° Architecture: Promote attractive, interesting, complimentary, and compatible architecture and make quality design a priority for the construction and maintenance of all property in Downtown Eagle. Tripartite facade - clearly marked base, middle and top The lower section is the weighty base. The middle section is the shaft with long vertical lines drawing the eye to the top section. The capital—cornice—usually featured a classical decorative scheme. Open Space: Plan for, design, and develop a complete urban open space system in Downtown Eagle including pathways, greenways, plazas, fountains and parks that encourage people to visit and linger in Downtown Eagle. fie,;= 141114;11 11 -I l 4) '_ 3( ( .w.errl ; _, 4- Design & Character ❑ Streetscapes TENANT ZONE ttiitLIVADL zom FURNISHING ZONE Surrr"K zoNE TRAFFIC ZONE 1o. to r err • r Parking: Implement a Downtown parking system that coordinates all 4 A' 1J arking resources. I' a ....--.,-..a .:,.. ,,,,,,, ,,,,;1111,mhz NE fi ip lei i�� %/.i:/.111 ..f,!% �� f -- 111/1� , �� 1rla 1 _ . . .• , tr': /i!/ .Ilii Wig 151!01, ��_ ���mil re . T4/ tel_ • p11Ut` iI %may_ r .A4.4..' �` =111111111\ + � .r l �� m■ inommi Ll f• Iw. . ■• �' ' °: 711 AAM aim `a mr, �7n+ Rr ►-�� .:11111 11. MIK :RE P::l!111E1' 111111111Ijmoo, City of Eagle Downtown Parking Os el Ia, s aa� VA Restncm0 Parlung C Straat Parking Rea^`,taros Serf Partrng Self Parking 01a Town Plain ng Area Pay C.stncl Plaza P annlna Area t s:a 1 per "_OJ sa R. r 11 I --'-- t Increase the capacity of citizens, community groups, and city leaders to understand and respond to external and internal influences that affect the economic vitality of the City. o Simplify the development process o Establish an "enterprise" zone o Actively recruit employment and industries to the City o Promote Eagle as being "Open for Business". o Formalize and mobilize the Eagle Economic Development Committee. o Develop and promote an employment recruitment program for the City of ,Eagle; o Work with community members, Eagle Star Tech Corridor, the Eagle Viticulture Center, and the State to identify emerging industries/employment opportunities who would want to capitalize on the Eagle work force and lifestyle. o Look at options for the development of business incubators in the City of Eagle. Develop and promote the scenic and recreation opportunities in close proximity to Downtown Eagle There is no silver bullet or magic elixir. The Downtown Eagle Area will be dependent on ongoing reinvestment and compatible redevelopment that reinforces the community's vision for a vibrant community and regional center. GOAL: Seek, promote and encourage the use of development incentives in the downtown. Make it easier to develop in downtown Eagle than anywhere else in the City and region. Find a Shared Vision, Communicate it, and Let it Happen! Thank you Eagle! Bob Bruce Bob Niblett Jason Pierce Montse Burkhart Dave Berent Barb McDermott Bob Taunton Kevin Blankmeyer Christine Whittaker Janet Buschert Louise Curtis Dan Friend Steve Guerber Mike Huffaker Jeff Madsen Lynne Sedlacek Sherry McKibbon Mr. & Mrs. Reynolds JJ Plew Trish Trader Lisa Vanderwiel Adam Feik Barry Prindle Danny Nesbitt Bill McCarrel Randy Johnson Brian Graham Teri Bath Linda Goldman Cameron Arial Phil Hull Ted Vanegas Ashley Ford Jason Haas Richard Allman Tyler Archer Andrew Cater Michelle Dorrough Ron Garnys Donna Guerber Jeff Jackson Ron Marshall Bill & Sheri McGinnis Valerie Olson Liz Roberts Becky Fowers Kevin Brock Don Larson Becky Morris Dan Friend Amy Hawkins Olivine Kindall Jen Grisson Nancy Jacobs Bruce Mills Shawn Nickel Lynda Wojcik Mark Priddy Terry Christense Jan Allman Gary Blaylock Mary Berent Laurie Baker Jeanie Comerford Doug Foot James Gipson Ryan & Daisy Hays Olivine Kendall Mary May Patricia Minkiewicz Jennifer Quinn Arline Winkler Tammy Sullivan Susan Hickerson Mark Miller Cindy Allen Mark Rabdau Wild West Bakery Patricia Minkievcz Carolyn Grisson Chuck Walter, Jr. Kathy Wester Marty Christenson Scott Wonders Susan Christensen Ron Bath Mike McCabe Michael Hummel Eagle Chamber Eagle URA BRS Architects Mark Butler Victor Villegas Bill Laubner Trent Koci Doug Racine Suzi Boyle Norm Semanko Al Shoushtarian Joannah Shoushtarian Frank Thomason Eagle Transportation Committee Brian Graham ACHD Randy P. Hetrick COMPASS Annie Lung Kevin McAtee Roy Montague Brooke Reche Tom Rogers Roy Montague Roger Hawk Richard Sutherland Pat Burton Richard Christianson Melissa Brodt Ron Baker Ruth Jones Robert Walters Pam Weaver Bob Weaver Robert D. Vlaanderen Margo Walter Walt Lindgren Dave Aizpitarte Jane Kramer Phyllis Bradburn Dustin Commons Charles Walter Jim & Jeri Ross John & Terry Sayer Eagle Sewer District Gwen Sears University of Idaho -Urban Design Center Kristie Newnham Justin Woolston Tavis Reche Nick Zewovich Tommy Sauriol Kathy Westor Kelly Parker Robert H Randy Welborne Dee Childers Laurie Baker Phil Janquart 398 attendees for over 1,300 hours of community time! Teresa Yragin Lisa Keyes Peter Butler Vikki Miller Paul Peterson Mary Lu Foster Debbie Carpenter Becky Carlson Diane Mc Donald Janet Bushert e C"� 1 o/,*//a Eagle, Idaho Merchant Group Facts & Findings for First Friday Timeline • First Friday was started in fall 2008 with two businesses participating. Short Term Goal • Raise awareness of our businesses, grow cliental, and enrich our community by providing monthly artistic and cultural events. Long Term Goal • Raise awareness of downtown Eagle, develop kinship amongst merchants, foster economic growth, facilitate commerce, grow community, and build a strong foundation to support our community's well being and longevity. Support businesses located outside the downtown core by providing them with the opportunity to sell/display goods and services at downtown businesses. Community Organizations we Look to for Support & Partnership • City of Eagle—Arts Commission, City Council, Mayor • Residents • Business leaders • Angel investors • Area print/web publications • Chamber of Commerce Current State of Affairs • After 26 months of hosting the monthly event, this grassroots program has ignited our community in Eagle. The ripple effect has started to move the merchants in a direction designed to thrive. • 17-20 businesses have signed on to share in the Eagle, Idaho Merchant Association's mission. This number continues to grow each month. • Merchants are aware consumers are relationship driven when it comes to making purchases. First Friday promotes cross pollination amongst businesses and potential clients. • We are committed to growing the merchant group through working together, grassroots efforts, and creative ways to help each other. • A kinship has blossomed between the merchants. • Marketing funds are limited within the participating merchants—which is holding us back from growing quickly. • Hope and optimistic beliefs are wavering due to the economic situation these past couple of years. Most businesses are out of savings, extended lines of credit and have been surviving with limited to zero pay. • Hundreds of patrons are attending First Friday monthly. Demographic includes Boise, Eagle, Star, Emmet, Nampa, and out of state visitors. Patrons are visiting Eagle again after a positive experience during the event. Summation • Residents within zip code 83616 work, play and shop outside our downtown. This hurts our local businesses. The majority of Eagle businesses are family owned and operated. First Friday is designed to create commerce and connect businesses. It is working through our creative efforts. We encourage patrons to mingle throughout the downtown by providing a program targeted to get the patrons in at least 5 businesses during the event. Visit 5 to WIN THE PRIZE gives each business an opportunity to be the month's spotlight business and host the drawing. • The proposed future plan for Eagle hurts today's local businesses by imposing costly (tax payer dollars) ordinances meant to grow our community yet it will turn future developers and the current businesses away from improving our downtown. Our tax payer dollars should be spent on fixing the existing foundation of businesses. Doing so, will provide us freedom to support future growth. Doesn't it make sense to assist the businesses owners who are standing in front of you—as opposed to supporting the idealistic "future" community? My bet is on these hardworking, dedicated merchants. • First Friday has positively branded the city of Eagle. This will in turn encourage growth, raise property values and promote our live, work, play lifestyles. Financial Support • Will foster economic growth, raise property values, strengthen our foundation. We are the brick and mortar businesses who've invested our family's livelihood, emotional, financial and physical well being into providing Eagle a place to call home. Please help us thrive by assisting with funding our marketing efforts. Conclusion • As leaders of our community, we ask you to understand our success determines our city's success and vise -versa. Do you care about the well being of the residents in Eagle? How can you help? • As leaders of our community, we ask you to do everything in your power to help. Are you willing to stand-by and watch our businesses close? Your involvement is critical for our survival. • As leaders of our community, we ask you to take a closer look at the city's approach to build our community with wise investments—after all it is the tax payers who fund your decisions. How much help is the city council ready to commit to the present & future success of Eagle businesses? Thank you for your support. Questions, contact Melissa Brodt 208-938-1342 or mbrodt@galeriebelleame.com EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 26, 2010 SUBJECT: CPA -01-10 - Comprehensive Plan Map and Text Amendment - Downtown Eagle Subarea Plan — City of Eagle: TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL l/l kD/ij 17q 5. r ��-r) c( ( i S �� ► ((1 V-1/ Zt) Le4J2 s l 14y fr4-( LAL/4r°1 L1 z e l� I S� G -P am t � � (o k e ! JGc� M i G c) A J (' J S i S rori EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP October 26, 2010 SUBJECT: CPA -01-10 - Comprehensive Plan Map and Text Amendment - I)oNN ntm%n Eagle Subarea Plan — City of Eaele: .; 3 . / 1") AA ti JOINT CITY OF EAGLE/ ADA COUNTY AGENDA �L I01aIeji0 WEDNESDAY, OCTOBER 27, 2010 ,3:00PM ADA COUNTY COMMISSIONER'S OFFICE 200 W. FRONT STREET, 3" FLOOR, BOISE, ID 83702 1) Call to Order (Commissioner Yzaguirre/ Mayor Reynolds) 2) Roll Call (BOCC/ Eagle) 3) Introduction of Mayor Reynolds (Council President I-Iuffaker) 5) Area of City Impact (AOCI) Decisions (Mark) a) Use of Eagle Planned Unit Development within Eagle AOCI (Nichoel) i. Should the Eagle PUD Ordinance (w/ staff discussed revisions) be implemented throughout the entirety of the Eagle AOCI? b) No "automatic" rezones to Rural Urban Transition in Eagle AOC1 (Nichoel) c) Contiguity Language (ACC 8-4A-8) (Nichoel) d) Ada County Adoption of ECC 8-2A (Design Review) ii. Value of Design Review (Nichoel) iii. Proposed Ada County Processes w/ DR (Meg) iv. Content - Should the Eagle Design Review code be applicable (w/staff discussed revisions) throughout the entirety of the Eagle AOCI? v. Process — Should we adopt the proposed process as discussed above; if so at the P&Z and BOCC level should the condition of approval that requires a DR letter be reviewed by staff or by the BOCC? e) Planned Communities within Eagle AOCI (Nichoel) i. Should the Ada County Planned Communities be allowed within the Eagle AOCI? 6) Next Step 1 of 1 c \docu,nents .tnd settings \nb.unl\lural setting.\amporary Internet tile.\cc ntint 41tn10131.\edet42bj\joint meeting agenda oct 27 final.docx Ada County Code: 8-4A-8: CONTIGUOUS PARCELS: Abutting parcels held in the same ownership shall be considered one property for development purposes unless the owner can demonstrate one of the following: A. The parcels comply with the regulations of this title that were in effect at the time such parcels were recorded, and the parcels were originally conveyed and recorded under a single deed identifying each as a separate parcel; B. The parcels comply with the regulations of this title that were in effect at the time such parcels were recorded, and the parcels were originally conveyed and recorded under separate deeds; C. Each of the abutting parcels is a conforming or nonconforming property as defined in subsection 8-1 B -2B of this title; or D. Physical characteristics of the property prevent its use as one unit, the properties are separated by a fee simple ownership and/or the properties are separated by a public right of way or public street. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001) THE VALUE OF EAGLE DESIGN REVIEW OVERVIEW: The Eagle Design Review Board meets on the 2nd and 4th Thursdays of every month. The Design Review Board reviews all design review applications to assure compliance with Eagle's architecture standards in accordance with Eagle City Code 8-2A. This section of the City Code addresses building architecture, signage, landscaping, streetscape, and pedestrian elements. It is the implementation of Eagle City Code Section 8-2A and the Eagle Architecture and Site Design (EASD) Book that have guided the look of the City and have created a unique sense of place that sets it aside from other jurisdictions in the valley. Other communities have strived to become like Eagle by creating codes and DR Boards to help enhance the general appearance of their cities and to protect property rights and values. Eagle has been a model for these communities. DIFFERENCES IN BUILDING DESIGN: The notable differences in the building design included: identification of appropriate architectural styles, stone facade, planer changes in the walls, gabled roof to conceal mechanical units, composite shingles, and earth toned building color. ilrtl�l : pttin�t�.��.cwr.ow;�i ` iC itUi !mum mui ll _ 1111 111 11 !i : f (.) Eagle Walgreens (Eagle Rd & SH 44) Typical Walgreens Page 1 of 14 k:\planning dept\impact area\2010\the value of eagle design review.docx WALGREENS AT FIVE MILE AND LAKE HAZEL (ADA COUNTY) Page 2 of 14 k:\planning dept\impact area120101the value of eagle design review.docx Page 3of14 k:\planning dept\impact area\2010\the value of eagle design review.docx WALGREENS AT STATE Hwv44 AND EAGLE ROAD (CITY OF EAGLE) Page 4 of 14 k:\planning dept\impact area12010\the value of eagle design review.docx Page 5of14 k:\planning dept\impact area120101the value of eagle design review.docx DIFFERENCES IN SIGNAGE: The notable differences in signage are that Ada County allows the use of electronic reader boards and internal illumination. In Eagle, signs are externally illuminated, reader boards are prohibited, and signs must be designed to be architecturally compatible with the building. WALGREENS AT FIVE MILE AND LAKE HAZEL (ADA COUNTY) Page 6 of 14 k:\planning dept\impact area120101the value of eagle design review.docx Page 7 of 14 k:\planning dept\impact area120101the value of eagle design review.docx WALGREENS AT STATE Hwv44 AND EAGLE ROAD (CITY OF EAGLE) Multi -Tenant "Shopping Center" Sign Concept Actual Specification: Specifications: 15 -fool Tall by 10 foot wide monument sign with 100 waft high pressure sodium ground mounted light fixture. (Not internally illuminated) Single Tenant Monument Sign Actual Specifications: 6 -foot tall by 10 -foot wide monument sign with 100 watt high pressure sodium ground mounted light fixture. (Not internally illuminated) Page 8 of 14 k:lplanning deptlimpact area120101the value of eagle design review.docx Building Wall Sign (not yet installed) Specifications: LED, Halo illuminated with exterior accent lighting (gooseneck. fixtures) Page 9 of 14 k:\planning dept\impact area\2010\the value of eagle design review.docx DIFFERENCES IN SITE DESIGN: The notable differences site design are the types and location of plant materials (specifically perimeter and street trees), the design and inclusion of landscape islands within parking areas, the use of stamped and decorative paving to identify pedestrian areas, setbacks from arterial roadways, the inclusion of community gathering areas/plazas, and tree preservation requirements. WALGREENS AT FIVE MILE AND LAKE HAZEL (ADA COUNTY) Page 10 of 14 k:\planning dept\impact area12010\the value of eagle design review.docx Page 11 of 14 k:lplanning dept\impact area120101the value of eagle design review.docx WALGREENS AT STATE Hwv44 AND EAGLE ROAD (CITY OF EAGLE) Page 12 of 14 k:\planning dept\impact area\2.010\the value of eagle design review.docx Page 13 of 14 k:\planning dept\impact area .0101the value of eagle design review.docx DIFFERENCES IN PROJECT VALUES AND TAXES: Typical Walgreens Value = $1,053,140.00 Ada County Taxes (FY2010/11 Levy Rate: .003060429) = $3,223.06 Eagle Walgreens Value = $1,754,843.00 ($701,703.00 more) Ada County Taxes (FY2010/11 Levy Rate: .003060429) = $5,370.57 Ada County's implementation of the Eagle Design Review standards/Process (ECC 8-2A) results in approximately a 40% increase in land value ($701,703.00) and taxable income ($2,147.51) for the County. Page 14 of 14 k:\planning dept\impact area120101the value of eagle design review.docx ZONING CERTIFICATE LEVEL APPLICATION PROCESS (Does Not Require Transmittal) Applicant receives Eagle Design Review Recommendation* Applicant comes to ACDS w/ site plan, & application material to apply for a Zoning Certificate Front Desk Planner reviews to ensure all of the required material is included, if it is, the application is taken in, and deemed with submission Applicant pays fee & Front Desk Planner issues zoning certificate if in compliance with code There is a 15 day Appeal period. (If an Appeal application is filed it goes directly to the Board at a public hearing). Applications that fall under this process: Actual Process Time Dai• 1 Total process Days = 1 Some Accessory Uses (Agricultural Structure, Family Daycare Home, Fuel Cell. Livestock Confinement Facility <300 AU for educational purposes, Roadside Produce Stand, Private Swimming Pool) Some Temporary Use Approvals (Temp. signs, seasonal stands. fireworks stands, subdivision model homes/real estate offices*. reapplication for an existing permitted temp use) *Eagle Design Review required; City of Eagle sends a notification letter of Date of Acceptance to Ada County and 45 -day time period begins-ifAda County does not receive a recommendation within 45 -days then the application proceeds on its normal path ADA COUNTY PROCESS OCTOBER 26, 2010 ADMINISTRATIVE LEVEL APPLICATION PROCESS (Does Not Require Transmittal) Applicant receives Eagle Design Review Recommendation* Applicant comes to ACDS with application material to submit for an application that requires Administrative Approval (Requires Staff Report) Front Desk Planner reviews to ensure all of the required material is included, if it is, the application is taken in and deemed with submission The application is assigned to a Planner The Planner has 60 days to review the application material and write a staff report with a final decision There is a 15 day Appeal period. (lf an Appea application is fled it goes directly to the Board at a public hearing). Applications that fall under this process: Typical Process Time Day 1 Day 2 Days 15 Total process Days =18 Some Accessory Uses (Farm Development Right). Modification or expansion to an approved conditional use*. Modification or expansion to an approved master site plan*. One Time Division of a property. Floodplain permit*. Landscape and Screeninc Plan*, Liuhtint Plan*, Property Boundary Adjustment, PC Landscape Plan, PC Periodic Review, PC Financing Verification *Eagle Design Review required; City of Eagle sends a notification letter of Date of Acceptance to Ada County and 45 -day time period begins -if Ada County does not receive a recommendation within 45 -days then the application proceeds on its normal path ADA COUNTY PROCESS OCTOBER 26, 2010 ADMINISTRATIVE LEVEL APPLICATIONS (Does Require Transmittal) Applicant receives Eagle Design Review Recommendation* Applicant comes to ACDS w/ required application material Front Desk Planner reviews the application material to ensure that all of the required material is included, if it is, the application is taken in and deemed with submission. A final decision must be made within 60 days. Application is assigned to a Planner Planner sends an email to applicable agencies. The email includes a link to the application material, requesting comment w/in 15 days Planner sends a letter to appropriate property owners (w/in 300' or 1000') requesting comment w/in 15 days After the 15 days are up the Planner reviews all of the information and makes a decision on the application There is a 15 day Appeal period, from the date of the final decision. (lf an Appeal application is filed it goes directly to the Board, at a public hearing). ADA COUNTY PROCESS Tunical Process Time Day 1 Day 2 Day 3 -5 Days 6-21 Total Process Days = 30 OCTOBER 26, 2010 Applications that fall under this process: Some Accessory Uses (Additional Farm Dwelling, Caretaker Dwelling, Attached or Detached Secondary Dwelling, Group Daycare Facility*, Large Home Occupation, Hobby Kennel, Pit/Mine or Quarry*, Portable Classroom*, Public or Quasi -Public: Sub -transmission lines, Some Signs (signs greater than 64 SQ ftr, Temporary Living Quarters, Some Temporary Uses (Seasonal Events, an existing dwelling/secondary dwelling/temp manufactured home dwelling while building a single-family dwelling on the same site, or a small pit/mine/Quarry within a residential district*, Private Tower or Antenna Structure*), Expansion or extension of Nonconforming Use or Structure*, Joint Applications that do not require transmittal, Master Site Plan*, Private Road *Eagle Design Review required; City of Eagle sends a notification letter of Date of Acceptance to Ada County and 45 -day time period begins -if Ada County does not receive a recommendation within 45 -days then the application proceeds on its normal path ADA COUNTY PROCESS OCTOBER 26, 2010 PLANNING & ZONING COMMISSION APPLICATION PROCESS Applicant comes to ACDS w/ required application material Front Desk Planner reviews to ensure all of the required material is included, if it is, the application is taken in, deemed with submission, and given a hearing date. The hearing date must be within 90 days of the date of submission. Application is assigned to a Planner Planner sends an email to applicable agencies. The email includes a link to the application material, requesting comment w/in 15 days Planner sends a letter to appropriate property owners (w/in 300' or 1000') requesting comment w/in 15 days After the 15 days and AOCI negotiation time requirements are up, the Planner reviews all of the info and writes a staff report with a recommendation of approval or denial (staff report includes COA for a recommendation from the Eagle Design Review) P&Z Commission public hearing is held (a decision/recommendation must be made within 180 days (or 240 for PC's) of the date of application submission) For the applicable applications, the P&Z approves or denies an application ADA COUNTY PROCESS There is a 15 day appeal period, from the date of the final decision. (If an Appeal application is filed it goes directly to the Board, at a public hearing). Actual Process Time Day 1 Day 2 Day 3 -5 Day 6-51* Total Process Days = 60 *45 days allotted for AOCI time For the applicable applications, the P&Z recommends approval or denial to the BOCC OCTOBER 22.2010 ADA COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION PROCESS Applicant comes to ACDS w/ required application material Front Desk Planner reviews to ensure all of the required material is included, if it is, the application is taken in, deemed with submission, and given a hearing date. The hearing date must be within 90 days of the date of submission or 60 days after a P&Z Recommendation. Application is assigned to a Planner Planner sends an email to applicable agencies. The email includes a Link to the application material, requesting comment w/in 15 days Planner sends a letter to appropriate property owners (w/in 300', or 1000') requesting comment w/in 15 days After the 15 days and the ACOI negotiation time requirements are up, the Planner reviews alt of the info and writes a staff report with a recommendation of approval or denial (staff rennrt includes COA for a recommendation from the Eagle Design Review) P&Z Commission public hearing is held (a decision/recommendation must be made within 180 days (or 240 for PC's) of the date of application submission) & they make a recommendation to the BOCC The BOCC denies or approves the application Actual Process Time Day 1 Day 2 Day 3 -5 Day 6-51* Total Process Days = 60 *45 days allotted for AOCI time ADA COUNTY OCTOBER 22.201 0 City of Eagle Date Check No Payee 10/18/2010 2804 Eagle Chamber Of Commerce 10/18/2010 2805 Trautman Lawn & Landscapes 10/20/2010 2808 Home Depot Credit Services Total 2806 Check Register - Transparency Version Check Issue Date(s) 10/13/2010 - 10/25/2010 Seq GL Acct No 1 1 1 15-0451-05-00 MTNC & RPR -EQUIP & STRUCTURES 3.81 1 15-0452-05-00 MTNC & RPR -EQUIP & STRUCTURES 12.69 \C fAyML.i} Pr D IIt0 GL Acct Title c �; c1a(cIIC Page 1 Oct 25, 2010 11.27am Seq Amount Check Amour 01-0422-03-00 COMMUNITY PROMOTION/SPC EVENT r Uri 1 1 7 0.36 15-0437-20-00 GENERAL MTNC PARKS -PATHWAYS LV 8,405 00 10/25'2010 2807 Ada City -County Emergency Mgmt 10/25;2010 2808 Ada County Sheriffs DepL 10/25/2010 2809 Allied General Fire & Security 10/25/2010 2810 Allied Waste Services #884 Total 2810 10/25/2010 2811 Alloway Electric Total 2811 10/25/2010 2812 AT & T Mobility 10/25/2010 2813 Baldwin & Associates, Inc Total 2813 10/25/2010 2814 Billing Document Specialists Total 2814 10/25/2010 2815 Boise Office Equipment Total 2815 10/25/2010 2816 10/25/2010 2817 10/25/2010 2818 10/25/2010 2819 10/25/2010 2820 10/25/2010 2821 10/25/2010 2822 Total 2822 10/25/2010 2823 10/25/2010 2824 10/25/2010 2825 10/25/2010 2826 10/25/2010 2827 10/25/2010 2828 Clearwlre Accounts Rec Community Planning Association Crotty, Bruce Daniel Beal David Aizpitarte De Lage Landen Financial Svc Dean Burrup Derek T. Smith Donald P. Roehling Eagle Auto Repair Eagle Mini Storage Eagle Senior Citizens, Inc Gary W Tanner M = Manual Check, V = Void Check 1 01-0413-14-00 PROFESSIONAL DUES 1 01-0416-09-00 LAW ENFORCEMENT DEPARTMENT 1 01-0413-34.00 MONITORING ALARM SYSTEMS 1 01-0413-16-00 UTILITIES/NEW CITY HALL 1 15-0452-06-00 UTILITIES 2 15-0449-06-00 UTILITIES 1 15-0414-05-00 NEIGHBORHOOD REINVESTMENT 1 15-0454-06-00 UTILITIES 15-0441-05-00 STREET LIGHTS MTNC & REPAIR 15-0444-01-00 MAINTENANCE & REPAIR 60-0434-19-00 TELEPHONE & COMMUNICATIONS 01-0413-05-00 OFFICE EXPENSES 14-0413-05-00 OFFICE EXPENSES 15-0414-04-00 AWIN MGMT (BFI) EDUCATION SRVS 60-0434-47-00 BILLING SERVICES 01-0413-05-00 OFFICE EXPENSES 01-0413-23-00 MTNC-REPAIR/OFFICE EQUIP/FURN 1 60-0434-19-00 1 01-0413-14-00 1 60-0220-00-00 1 09-0463-02-00 1 01-0413-01-00 1 01-0416-24-00 1 09-0463-02-01 1 09-0463-02-01 2 09-0463-02-00 1 01-0413-01-00 1 01-0413-01-00 1 60-0420-03-00 1 07-0482-15.00 1 01-0416-10-00 1 01-0413-01-00 TELEPHONE & COMMUNICATIONS PROFESSIONAL DUES WATER/SERVICE DEPOSITS EAGLE SATURDAY MARKET P&Z COMMISSIONERS COMPENSATION EQUIPMENT LEASING SAT MARKET MGR FEES SAT MARKET MGR FEES EAGLE SATURDAY MARKET P&Z COMMISSIONERS COMPENSATION P&Z COMMISSIONERS COMPENSATION VEHICLE MTNC & REPAIR STORAGE UNIT SR CENTER VAN AGREEMENT P52 COMMISSIONERS COMPENSATION 16 50 1,553 50 108,367 83 100 50 148 07 203 80 203 80 16 56 101 90 674.13 97 50 25 00 122 50 62 56 27.30 4 54 31.84 158.95 812.79 971.74 232 00 1546 247.46 44.99 2,435 75 72 59 175 00 100 00 1 067 25 264 00 154 00 63.54 481.54 1,790 36 8,405 00 16.5C 1.553.50 108,367 83 100.5C 674 12 122 50 62.5E 31.84 971.74 247 4E 44 99 2,435 75 72 59 175 0C 100 OC 1,067 25 481.54 100.00 100.0C 100 00 100.00 131.73 131.72 83 00 63 0C 1,216.67 1,216 67 100.00 100.00 A City of Eagle Date Check No Total 2843 10/25/2010 10/25/2010 10/25/2010 10/25/2010 10/25/2010 10/25/2010 10/25/2010 10/25/2010 Total 2851 Totals: Dated: Mayor: City Council: Payee 2844 Randy Upson 2845 Republic Storage 2848 Steel Creek Properties 2847 Taliaferro, Justin 2848 The Independent News 2849 tw telecom 2850 Victor Vdlegas 2851 Willamette Dental Insurance M = Manual Check. V = Void Check Check Register - Transparency Version Page: 3 Oct 25, 2010 11:27am Check Issue Date(s): 10/13/2010 - 10/25/2010 Seq GL Acct No 1 07-0462.52-00 HISTORICAL COMM/UTILITIES GL Acct Title 1 13-0413-12-00 1 01-0413.36-00 1 80.0220.00.00 1 80.0220-00-00 1 09-0483-15.00 1 01-0413-19-00 1 01-0413-01-00 1 12.0217-07-00 2 08-0217-07-00 3 14-0217-07-00 4 80-0217-07-00 5 15-0217-07-00 PERSONNEL TRAINING STORAGE SHED RENTAL WATER/SERVICE DEPOSITS WATER/SERVICE DEPOSITS CHRISTMAS MARKET TELEPHONE & COMMUNICATIONS P&Z COMMISSIONERS COMPENSATION CLERK DEPT HEALTH INSURANCE LIBRARY HEALTH INSURANCE P&Z DEPT HEALTH INSURANCE WATER DEPT HEALTH INSURANCE PUBLIC WORKS HEALTH INSURANCE Seq Amount Check Amoun 100.88 190.47 190.47 50.00 50.00 94.00 94.00 40.75 40.75 32.27 32.27 156.00 158.00 524.90 524.90 100.00 100.00 38.49 115.73 122.34 85.73 68.75 431.04 431.04 209,219.32 209,219.32 i0/82(g I ro October 26, 2010 Acting Mayor Michael Huffaker Mayor -Designate James Reynolds Eagle City Hall 660 East Civic Lane Eagle, ID 83616 For the record at the October 26, 2010 meeting of the Eagle City Council: The North Ada County Foothills Association (NACFA) congratulates and welcomes James Reynolds as the new mayor of Eagle. We greatly appreciate Mr. Reynolds' service to the entire community—those within the city limits as well as residents of the AOI and the North Foothills. We look forward to working with him over the course of the next year and perhaps beyond to assure that the City continues to distinguish itself as one of the premier locations in which to live within the broader Treasure Valley. We also take this opportunity to recognize and sincerely thank Councilman Michael Huffaker for his superior performance and tireless service over the past seven months as acting mayor. In the mayor's role, and in difficult circumstances, Councilman Huffaker continued to show the balance, good judgment, patience, openness and inclusiveness that have been hallmarks of his approach at Council. We wish both gentlemen rewarding terms of service and affirm our commitment to work with the City, with our focus on the North Foothills, to assure that growth occurs in a manner that provides maximum benefit to both the existing community and new residents joining us over time. Sincerely, C'G 1cia0i0 0 4- ,-4/), 44/Ltor 0-22- TP -a-21 7/-7,); ,AlAd 41/1/0j__ I. t. [�f:�1. f�[ t.��.�['[.;1 C 1 i;. t [� t; r' Judicial Review in the 21st Century Susan Buxton / Paul Fitzer Moore, Smith, Buxton & Turcke, Chtd. October 14, 2010 I. Introduction IRCP 84 Judicial review of state agency and local government actions. • (1) Scope of Rule 84. The procedures and standards of review applicable to judicial review of state agency and local government actions shall be as provided by statute. . Actions of state agencies or officers or actions of a local government, its officers or its units are not subject to judfcia/ re view unless expressly authorized by statute. I. Introduction Interaction between LLUPA and IAPA ■ IAPA authorizes judicial review of only agency actions. Local governmental entities are not agencies . Thus, review of cities and counties must originate from a different statutory source I. Introduction LLUPA provides a limited and exclusive remedy of certain land use decisions • Standing issues • Attorney fees Historic Quasi/Judicial v. Legislative distinction replaced with strict statutory interpretation E] 11. The Early Years: Quasi-judicial v. Legislative Distinction • Quasi-judicial — afforded Judicial Review under LLUPA • Legislative — subject only to collateral attacks such Declaratory Judgment Actions Early Cases • City of Idaho Falls v. Grimmett - Legislative activity is afforded presumptive discretion: "Every presumption is to be indulged in favor of that discretion, unless arbitrary action is clearly disclosed." • Dawson Enterprises, Inc. v. Blaine County "Zoning is essentially a political, rather than a judicial matter, over which the legislative authorities have generally speaking, complete discretion" • Burt v. City of Idaho Falls L. Action is legislative when it affects a large area consisting of many parcels of property in disparate ownership.... Conversely, action is considered quasi- judicial when it applies a general rule to a specific interest, such as a zoning change affecting a single piece of property III. The Middle Years: Pre -2010 Amendments ■ The Shift to Strict Statutory Construction • Quasi-judicial/legislative distinction is not codified in statutes ® Cases • Giltner Dairy v. Jerome County Challenge ora comprehensive p/an map Idaho Code §67-6519(4) • Judicial review available only for an applicant denied a permit or aggrieved by a decision. r Idaho Code §67-6521 • Judicial review is available only to persons with an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development. III. The Middle Years (cont) • High/ands Development Corp. v. City of Boise Initial Zoning Unlike Gi/tner Dairy, the High/ands decision focused on the word "permit" rather than on the "authorizing development" language, thereby adopting a simple test for determining whether judicial review is available: Is it a permit? The court adopted a simple, if not simplistic, evaluation of what constitutes a "permit" under LLUPA. The new rule of thumb is simply this: LLUPA authorizes judicial review of five, and only five, types of permits (variances, special use permits, subdivisions, PUDs and building permits). If the action is not one of these, then it must be challenged via some other form of action, typically a complaint for declaratory judgment. 111. The Middle Years: Burns Holdings, LLC v. Madison County Bd. of County Commissioners (Rezones) • Judicial review was not available under LLUPA for rezones. ■ If the applicant is not seeking a "permit," judicial review is not available under LLUPA, period—irrespective of whether the action is legislative or quasi-judicial. • Adverse rezone decisions would still be available via a declaratory action. • The court did not address the question of what standard would apply to such declaratory actions in the absence of the IAPA's "arbitrary and capricious" standard. III. The Middle Years: Taylor v. Canyon County Bd. of Commissioners (Rezo n e with a Development Agreement) . Judicial review is available for a conditional rezone coupled with a development agreement. Here, the developer sought and received a rezone of his property with conditions imposed pursuant to a development agreement. The court held that even under Giltners holding that only "permits" may be appealed under LLUPA, the so-called conditional rezone coupled with a development agreement is the "functional equivalent" of a conditional use permit, and therefore was appealable. IV. Today 67-6521. ACTIONS BY AFFECTED PERSONS. • (1) (a) As used herein, an affected person shall mean one having a bona fide interest in real property which may be adversely affected by: (i) The approval, denial or failure to act upon an application for a subdivision, variance, special use permit and such other similar applications required or authorized pursuant to this chapter; (ii) The approval of an ordinance first establishing a zoning district upon annexation or the approval or denial of an application to change the zoning district applicable to specific parcels or sites pursuant to section 67-6511, Idaho Code; or (iii) An approval or denial of an application for conditional rezoning pursuant to section 67-6511A, Idaho Code. V. Judicial Review, Generally Judicial Review is Limited to the Agency Record • Limited Exceptions — (i.e. jurisdiction, standing, etc.) Crown Point v. City of Sun Valley Questions of Fact: • The Court will not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. IC §67- 5279 Take Home message • Even if additional evidence is available showing the decision was flawed, it is too late to bring it up for the first time on appeal. The applicant must build the record before the original decision maker. V. Standard of Review In order to reverse a local land use decision, the Court must find the decision was: • In violation of constitutional or statutory provisions • In excess of statutory authority of the agency • Made upon unlawful procedure • Not supported by substantial evidence in the record as a whole, or • Arbitrary, capricious, or an abuse of discretion. V. Standard of Review (cont) Presumption of Validity (Evans v. Teton County) • There is a strong presumption that the actions of the Board of Commissioners, where it has interpreted and applied its own zoning ordinances, are valid. • The party appealing the Board of Commissioners' decision must first show: the Board of Commissioners erred in a manner specified under I.C. § 67- 5279(3), and second, that a substantial right has been prejudiced. V. Standard of Review (cont) Questions of Law ■ The IAPA authorizes courts to overturn actions of planning and zoning entities where they are "in violation of constitutional or statutory provisions" or "in excess of the statutory authority of the aiencv." Idaho Code §§ 67-5279(3)(a) and (b). ■ Thus, the courts may second-guess the legal pronouncements of planning and zoning entities. ■ Unlike review of fact-finding, the district court reviews these law - declaring functions de novo. V. Standard of Review (cont) Unlawful procedure ■ The action of a zoning and planning board may be set aside if it was "made upon unlawful procedure." Idaho Code § 67-5279(3)(c). ■ As with other questions of law, the courts freely review whether procedural error has occurred. ■ But, where the procedural violation is found in the ordinance, deference may be accorded to the municipality's interpretation of its own ordinance. V. Standard of Review (cont) Judicial Review of Fact -Finding • When an agency finds facts in an adjudicative context, the proper standard of review is whether the decision was "supported by substantial evidence on the record as a whole." Idaho Code § 67- 5279(3)(d) • In the legislative context, the "arbitrary and capricious / abuse of discretion" standard is used to review both discretion and fact-finding. Idaho Code § 67-5279(2)(e). • In the context of adjudicative decision making, however, the "arbitrary and capricious / abuse of discretion" standard applies only to the exercise of discretion, while fact-finding is reviewed under the substantial evidence test. V. Standard of Review (cont) I Judicial Review of Discretion • In the exercise of its judgment and discretion, decisions of local bodies may be challenged as "arbitrary, capricious, or an abuse of discretion." Idaho Code § 67-5279(3)(e). • In other words, was it "unreasonable"? "A city's actions are considered an abuse of discretion when the actions are arbitrary, capricious or unreasonable.... The City's interpretation of their code is unreasonable and therefore an abuse of discretion ...." Lane Ranch Partnership v. City of Sun Valley ("Lane Ranch II"). V. Standard of Review (cont) Prejudice to a Substantial Right • Two-tiered burden of proof Merely proving that the decision was made upon unlawful procedure, an abuse of discretion, in excess of statutory authority, etc. is but the first step. Second, the parry must how that "substantial rights of the appellant have been prejudiced." Idaho Code § 67-5279(4). ■ Cases El Cowan v. Frerhont County ■ Actual Notice trumps defective legal notice Evans v. Cassia County ■ Illegal site visit ■ Counter McCuskey v. Canyon County ■ Defective notice where Plaintiff did not have actual notice F V. Standard of Review (cont) Actual Harm Idaho Code 67-6535(c) ■ Only those whose challenge to a decision demonstrates actual harm or violation of fundamental rights, not the mere possibility thereof, shall be entitled to a remedy ■ Not akin to a standing argument which can be based upon a potential but yet unrealized harm. VI. Attorney Fees I.C. 12-117 Attorney fees cannot be awarded in judicial review cases. Smith v. Washington County ■ I.C. 12-117 allows for attorney fees to the prevailing party "in any administrative proceeding or civil judicial proceeding". ri An administrative proceeding is one before an agency and thus "no mechanism exists for courts to intervene in administrative proceedings to award attorney fees." A civil judicial proceeding is one commenced by filing a "complaint" not a petition for judiciial. Therefore the Court will not award fees in judicial review cases. ■ Unless I.C. 12-117 is amended, there is little recourse (or deterrent) to arbitrary actions of governmental entities or frivolous lawsuits by disgruntled applicants or neighbors. u,k,t\dAf V JUDICIAL REVIEW OF LAND USE DECISIONS IN THE 21ST CENTURY October 2010 APA Conference By: Susan Buxton, Partner Paul J. Fitzer, Partner Jill Holinka, Associate Moore Smith Buxton & Turcke, Chtd. I. INTRODUCTION Nearly four decades ago, Idaho adopted the Local Land Use Planning Act of 1975 (LLUPA). LLUPA grants broad planning and zoning authority to local governments and provides both mandatory and exclusive means for a city's or county's implementation of their planning and zoning authority. It also authorizes judicial review of certain governing boards' decisions related to such planning and zoning authority. While today's discussion focuses on the status of judicial review for land use decisions in the 21' century, that discussion necessarily involves an understanding of how Idaho courts have interpreted LLUPA's judicial review provisions over the last thirty-five years. II. EARLY INTERPRETATIONS: QUASI JUDICIAL OR LEGISLATIVE? Until recently, the Idaho Supreme Court decided what was reviewable under LLUPA on the basis of whether the matter is quasi-judicial (and thus reviewable under LLUPA) or legislative (and thus reviewable only by some other means). This quasi-judicial/legislative distinction predates LLUPA and is part of a much broader common law found in all jurisdictions over the last fifty years.' Strangely, l The Courts first delved into this legal distinction in City of Idaho Falls v. Grimmett, 63 Idaho 90, 117 P.2d 461 (1941) which held that zoning ordinances are subject to very limited judicial review, due to their legislative nature. "Every presumption is to be indulged in favor of the exercise of that discretion, unless arbitrary action is clearly disclosed." Grimmett, 63 Idaho at 92, 117 Idaho at 463; see also Dawson Enterprises, Inc. v. Blaine County, 98 Idaho 506, 511, 567 P.2d 1257, 1262 (1977) ("Zoning is essentially a political, rather than a judicial matter, over which the legislative authorities have generally speaking, complete discretion") Thereafter, the Supreme Court clarified the distinction in Cooper v. Ada County Comm'rs, 101 Idaho 407, 614 P.2d 947 (1980) and Burt v. City of Idaho Falls, 105 Idaho 65, 665 P.2d 1075, (1983) which articulated: Action is legislative when it affects a large area consisting of many parcels of property in disparate ownership.... Conversely, action is considered quasi-judicial when it applies a general rule to a specific interest, such as a zoning change affecting a single piece of property, a variance, or a conditional use permit. ... It is analogous to a general rezone this distinction has never appeared anywhere in the LLUPA text, and it was only in 2008, with the Idaho Supreme Court's decisions in Giltner Dairy v. Jerome County, 145 Idaho 630, 181 P.3d 1238 (2008) and Highlands Development Corp. v. City of Boise, 145 Idaho 958, 188 P.3d 900 (2008), that the court shifted away from this line of jurisprudence and held that the availability of judicial review under LLUPA turns on the words of the statute itself. In Giltner Dairy and Highlands Development, the court adopted a simple, if not simplistic, evaluation of what constitutes a "permit" under LLUPA. The new rule of thumb is simply this: LLUPA authorizes judicial review of five, and only five, types of permits (variances, special use permits, subdivisions, PUDs and building permits). If the action is not one of these, then it must be challenged via some other form of action, typically a complaint for declaratory judgment. III. INTERACTION BETWEEN LLUPA AND IAPA LLUPA provides the right to judicial review to applicants "denied a permit" or affected persons "aggrieved by a decision".2 An affected person under LLUPA is "one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development."3 Rather than setting out its own judicial review procedures and standards, however, LLUPA simply incorporates by reference the judicial review provisions of the Idaho Administrative Procedures Act (IAPA).4 Thus, a litigant under LLUPA does not rely on the IAPA as the basis for the action, but does rely on parts of the IAPA which are incorporated by reference by LLUPA. which affects a large number of people -in this case, multiple owners of multiple tracts of land approximating over eight hundred individuals, each with varying affected interests and impacts, and which is highly visible to the public. ... The amendment of the plan and zoning of the annexed property affects the interests of all persons in the city in some manner. Such widely felt impact and high visibility is consistent with action deemed legislative. Burt, 105 Idaho at 66, 665 P.2d at 1077; see also Dawson, 98 Idaho at 511, 567 P.2d at 1262. The basic idea is that when a county or city takes action that affects a broad number of people, the action is like that of a legislative body. The remedy is political, not judicial. "Legislative action is shielded from direct judicial review by its high visibility and widely felt impact, on the theory that the appropriate remedy can be had at the polls." Burt v. City of Idaho Falls, 105 Idaho 65, 68, 665 P.2d 1075, 1078 (1983) quoting Cooper, 101 Idaho at 410, 614 P.2d at 950. While legislative actions by counties are subject to collateral actions such as declaratory judgments, they cannot be attacked by a petition for judicial review. Id; See also Scott v. Gooding County, 137 Idaho 206, 208, 46 P.3d 23, 25 (2002). 2 Idaho Code §§67-6519(4) and 67-6521(1)(d). 3 Idaho Code §67-6521(1)(a). 4 Idaho Code §§67-6519(4) and 67-6521(1)(d). A common mistake of litigants is to confuse judicial review under LLUPA with judicial review under the IAPA. Both LLUPA and the IAPA provide a private right of action for persons with standing to challenge violations of the statute. However, the IAPA authorizes judicial review only of "agency" actions, which are defined in the IAPA as actions of state agencies.' Accordingly, the IAPA itself provides no basis for jurisdiction for judicial review of local land use decisions. V. POST-GILTNER DAIRY JUDICIAL REVIEW As stated previously, Giltner Dairy was the first in a line of cases establishing which land use actions under LLUPA are entitled judicial review, relying strictly on the words of the statute itself. In Giltner Dairy, the Idaho Supreme Court ruled that Idaho Code §67-6519(4) authorizes appeals only of "permits" as that term is defined in LLUPA, therefore denying judicial review of an amendment to a comprehensive plan map.6 It went on to name five types of permits that are subject to judicial review under LLUPA: special use (aka conditional use) permits, subdivision permits, planned unit development permits, variance permits, and building permits. Judicial review under LLUPA is also authorized by section 67-6521(1)(d), which provides judicial review by any "affected person aggrieved by a decision." Unlike the more restrictive section 67-6519(4), this provision covers both 5 Idaho Code §67-5202(2). "Counties and city governments are considered local governing bodies rather than agencies for purposes of IAPA." Giltner Dairy, 145 Idaho at 632, 181 P.3d at 1240 (2008). This is one of many cases that have so held. E.g., Highlands, 145 Idaho 958, 188 P.3d 900; Petersen v. Franklin County, 130 Idaho 176, 182, 938 P.2d 1214, 1220 (1997); Allen v. Blaine County, 131 Idaho 138, 140, 953 P.2d 578, 580 (1998); Arthur v. Shoshone County, 133 Idaho 854, 859, 993 P.2d 617, 622 (Ct. App. 2000). However, other statutes, such as LLUPA, make the IAPA's judicial review provisions applicable to local governments. Neighbors for a Healthy Gold Fork v. Valley County, 145 Idaho 121, 126, 176 P.3d 126, 131 (2007). 6 This conclusion was reiterated in Highlands Development. In Highlands, the dissent urged a broader reading of section 67-6519(4), noting that it authorized judicial review to an "applicant denied a permit or aggrieved by a decision." The majority, however, found no merit in this distinction, noting that the thrust of the provision is to allow review only of instances involving "the granting or denial of a permit authorizing the development." Highlands, 145 Idaho at _, 188 P.3d at . Although building permits are identified in Giltner Dairy and Highlands as among the five types of permits subject to judicial review under LLUPA, LLUPA actually references building permits in the context of "development on any lands designated upon the future acquisitions map." Idaho Code §67- 6517. The Highlands dissent thus cautioned that the majority's logic would allow judicial review only for this very narrow class of building permits. Highlands, 145 Idaho at 964-65, 188 P.3d at 906-07 (J. Jim Jones, dissenting). applicants and others interested in the outcome of a land use proceeding. Like section 67-6519(4), section 67-6521(1)(d) is limited to proceedings involving "permits" under LLUPA. However, in Giltner Dairy, the court held that an ordinance amending the comprehensive plan map does not authorize any development, thereby precluding judicial review. 145 Idaho at 632, 181 P.3d at 1240. It is unclear why the court in that instance focused on the "authorizing development" part of the statute rather than the fact that a comprehensive plan map amendment is not a "permit." Regardless, judicial review is unavailable under LLUPA for a comprehensive plan map amendment.8 1. Highlands Development Corp. v. City of Boise (Initial Zoning) The next in the line of cases following Giltner Dairy was Highlands Development, which involved initial zoning of property upon annexation. Like Giltner Dairy, the outcome of Highlands Development was fully predictable and in line with the quasi-judicial versus legislative framework. As it had done in Giltner Dairy, however, the court determined that judicial review was not available under either section 67-6519(4) or 67-6521 without so much as mentioning the quasi- judicial versus legislative distinction in its analysis. First, the court applied its holding in Giltner Dairy that section 67-6519(4) authorizes judicial review of only five specified "permits" and that an initial zoning is not among those specified permits. The majority rejected an argument pressed by the dissent that section 67-6519 allows review of both "permits" and "decisions." The court found they were one and the same (that is, "decisions" refers to decisions as to permits, not to all manner of decisions). The court also rejected the dissent's suggestion that "permits" should be read broadly to include a broader range of zoning decisions. The court then turned to section 67-6521, finding that it, too, is unavailable: "LLUPA also grants the right of judicial review to persons having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development. This case does not involve the granting or denial of a permit authorizing development." Highlands, 145 Idaho at 961, 188 P.3d at 903. Unlike Giltner Dairy, the Highlands decision focused on the word "permit" rather than on the "authorizing development" language, thereby adopting a simple test for determining whether judicial review is available: Is it a permit? 8 This was hardly shocking because comprehensive plan development and initial zoning had long been viewed as legislative functions and thus not subject to review. See Burt v. City of Idaho Falls, 105 Idaho 65, 665 P.2d 1075 (1983). 2. Burns Holdings, LLC v. Madison County Bd. of County Commissioners (Rezones) In Burns Holdings, the court, for the first time, determined that judicial review was not available under LLUPA on an application for a rezone. Here, the landowner sought approvals to build a concrete batch plant in an agricultural and residential area near Rexburg. The company filed an application for a comprehensive plan text and map amendment and rezone. The county denied the comprehensive plan amendment and declined to act on the rezone, thus effectively denying it. The applicant sought judicial review under LLUPA. The Supreme Court, in a 3-2 decision, ruled that the applicant had no right to appeal because neither the comprehensive plan nor the rezone applications involved "permits." If the applicant is not seeking a "permit," judicial review is not available under LLUPA, period irrespective of whether the action is legislative or quasi-judicial. Responding to Justice Jim Jones' strong dissent, the majority noted that adverse rezone decisions would still be available via a declaratory action. The court did not address the question of what standard would apply to such declaratory actions in the absence of the IAPA's "arbitrary and capricious" standard. 3. Taylor v. Canyon County Bd. of Commissioners (Rezone with a Development Agreement) The third primary post-Giltner Dairy case, Taylor addressed the availability of judicial review for a conditional rezone coupled with a development agreement. Here, the developer sought and received a rezone of his property with conditions imposed pursuant to a development agreement. He also sought and received an amendment to the comprehensive plan map in effect at the time of his application. In line with earlier cases, the court rejected the appeal of the comprehensive plan map amendment. However, on the rezone, the court held that even under Giltner's holding that only "permits" may be appealed under LLUPA, the so-called conditional rezone coupled with a development agreement is the "functional equivalent" of a conditional use permit, and therefore was appealable. Taylor re -opens the door partially to judicial review of rezones. However, it would appear to work only as to up -zones (where the developer is seeking the rezone, and thus can be packaged together with a development agreement and labeled as a "conditional rezone.") Down -zones are imposed unilaterally against the wishes of the landowner, so it is highly unlikely that there would be a development agreement. 4. Other Post-Giltner Dairy Decisions Other post-Giltner Dairy decisions utilized the court's newly minted text - based analysis to deny judicial review to annexations and initial zoning,9 denials of requests for annexation,10 requests for comprehensive plan amendments," and requests for rezones.12 Of these, the decisions denying judicial review to initial zoning upon annexation and of rezones raise concern because they would effectively require applicants and affected persons to resort to the more lengthy and costly declaratory judgment procedure to challenge decisions related to site- specific zoning applications. From the perspective of local governing boards, this would mean that approval or denial of a site-specific zoning decision could be subject to challenge months or years after the decision, in contrast to the short, 28 - day time limit for filing a petition for judicial review. VI. LEGAL STANDARD OF REVIEW, GENERALLY Once a party can meet its threshold burden that it is an affected party, a party may invoke LLUPA's judicial review provisions to overturn the issuance or denial of a permit and potentially invalidate an error -prone zoning ordinance or comprehensive plan that served as the basis for the issuance or denial of the permit. In such cases, the court will still not substitute its judgment for that of the governing board deferring to the governing board's findings and interpretations unless clearly erroneous. Spencer v. Kootenai County, 145 Idaho 448, 180, 184- 185, P.3d 487, 491-492 (2008). Planning and zoning decisions are entitled to a strong presumption of validity. Id. To overturn a board decision, the Court first must find that the governing board committed error, i.e. that its findings, inferences, conclusions, or decisions are: 9 As the Court noted in Highlands Development, at the time the petition for judicial review was filed, there was no statute granting the right to obtain judicial review of the annexation and initial zoning of property. 145 Idaho at , 188 P.3d at 903. The legislature has since enacted Idaho Code § 50-222 which permits judicial review of the decision of a city council to annex and zone lands under certain circumstances. i° Black Labrador Investing, LLC v. Kuna City Council, 147 Idaho 92, 205 P.3d 1229 (2009). " Neighbors for Responsible Growth v. Kootenai County, 147 Idaho 173, 207 P.3d 149 (2009). 12 Burns Holdings, 147 Idaho 660, 214 P.3d 646. (a) in excess of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) not supported by substantial evidence on the record as a whole; or (e) arbitrary, capricious, or an abuse of discretion. Idaho Code §67-5279(3); see also Petersen v. Franklin County, 130 Idaho 176, 182, 938 P.2d 1214, 1220 (1997). Once the party attacking a governing board's action demonstrates that the board erred in a manner specified herein, the court must then determine that a substantial right of the party has been prejudiced by virtue of the board's error. Idaho Code §67-5279(4); Neighbors for a Healthy Gold Fork v. Valley County, 145 Idahol21, 126, 176 P.3d 126, 131 (2007). Absent either of these conditions, the reviewing court must affirm the decision of the local governing board. Taylor v. Canyon County Bd. of Comm 'rs, 147 Idaho 424, 431, 210 P.3d 532, 539 (2009). VII. THE 2010 AMENDMENTS TO LLUPA'S JUDICIAL REVIEW PROVISIONS. In response to the Giltner Dairy line of cases, the 2010 Legislature passed amendments to the judicial review provisions of LLUPA that became effective March 31, 2010. As amended, Idaho Code § 67-6521(1)(a) defines an "affected person" as one having a "bona fide interest in real property which may be adversely affected by" either (i) the "approval or failure to act upon an application for a subdivision, variance, special use permit and such other similar applications required or authorized pursuant to this chapter"; (ii) initial zoning upon annexation or the approval or denial of a rezone pursuant to Idaho Code § 67-6511; or (iii) approval or denial of conditional rezoning pursuant to Idaho Code § 67-6511A. Under Idaho Code § 67-6519(4), as amended, an applicant denied an application or aggrieved by a final decision concerning any of the matters identified in Idaho Code § 67-6521(1)(a) has the right to judicial review. The amendments further clarified Idaho Code §§ 67-6519 and -6521 by removing all references to the word "permit" and replacing it with "application." The court has not yet had occasion to test the 2010 amendments, including what constitutes a "similar application required or authorized pursuant to" LLUPA. Building permits and site alteration permits are obvious areas of inquiry, as the court has already had at least some discussion of these types of permits.13 Obviously, such permits are required and enforced by local ordinance. Many subdivision ordinances and zoning ordinances include as a condition of approval of the application, a requirement to obtain a building permit or a site alteration permit prior to construction. However, these types of permits are generally applied via the local building code ordinance. Other than the reference to building permits in Idaho Code § 67-6517, LLUPA does not require or authorize building permits, site alteration permits, or other types of construction -related permits. VIII. ATTORNEY FEES Idaho Code §12-117 provides for the recovery of attorney fees in land use disputes involving a political subdivision or state agency and a person. How and when the statute applies, however, has recently been addressed by both the Idaho Supreme Court and the Legislature. Prior to 2010, Idaho Code §12-117(1) provided that in any administrative or civil judicial proceeding involving a state agency and a person, "the court shall award the prevailing party reasonable attorney's fees, witness fees and reasonable expenses, if the court finds that the party against whom the judgment is rendered acted without a reasonable basis in fact or law." Until 2009, the statute had been applied to allow not only a court to award attorney fees (either in an appeal of an administrative proceeding or in a civil proceeding), but also to allow an administrative agency to award attorney fees to a successful party in an administrative proceeding. Stewart v. Department of Health & Welfare, 115 Idaho 820, 771 P.2d 41 (1989). Stewart's holding allowing an administrative agency to award attorney's fees was overruled by the court in Rammell v. Idaho Department of Agriculture, 147 Idaho 415, 210 P.3d 523 (2009). In Rammell, the court reversed an award of attorney fees in favor of the Department of Agriculture on the ground that the plain language of the statute did not allow an administrative agency to award attorney fees. The court held that the use of the word "judgment" clearly indicates only courts could award attorney fees because the decision of an administrative officer or agency is not properly characterized as a judgment. Further, the court held that the term, "in any administrative or civil judicial proceeding" means "in any administrative judicial proceeding or civil judicial proceeding" such that there is no 13 See Highlands, 145 Idaho at 963-964, 188 P.3d at 906-907 (J. Jones, dissenting) and Rollins v. Blaine County, 147 Idaho 729, 215 P.3d 452 (2009), respectively. statutory basis to award fees incurred during an administrative proceeding.14 The result of Rammell was to allow only a court to award fees incurred in the appeal of an administrative determination (i.e. petitions for judicial review). In response to Rammell, the 2010 Legislature passed an amended version of Idaho Code §12-117. The statute now provides, Unless otherwise provided by statute, in any administrative proceeding or civil judicial proceeding involving as adverse parties a state agency or political subdivision and a person, the state agency or political subdivision or the court, as the case may be, shall award the prevailing party reasonable attorney's fees, witness fees and other reasonable expenses, if it finds that the nonprevailing party acted without a reasonable basis in fact or law.15 The amendment was intended to restore the law as it existed since 1989, and was made retroactive to May 31, 2009, so that those administrative cases pending at the time of the Rammell decision would not be adversely affected.16 Recently, in Lake CDA Investments, LLC v. Idaho Department of Lands, 149 Idaho 274, 233 P.3d 721 (2010), the Idaho Supreme Court once again raised doubt as to under what circumstances Idaho Code §12-117(1) would apply. There, the court declined to award attorney fees on appeal under Idaho Code §12-117 because the appellants did not act without a reasonable basis in fact or law in challenging the holding of the district court. Although the current version of section 12-117 was not at issue in the case, the court, in a lengthy footnote, questioned whether the current version of the statute would apply to allow an award of attorney's fees in the appeal of an administrative proceeding." Reviewing its decision in Rammell, the court noted that it defined "civil judicial proceeding" to mean a civil lawsuit, "which may not include appeals of administrative proceedings to a court."18 Again in KGF Development, LLC v. City of Ketchum, CITE, the court telegraphed its analysis that the 2010 amendments had the effect of precluding an 14 Id. at 422-23, 210 P.3d at 530-31. 15 Idaho Code §12-117(1) (2010). 16 See Statement of Purpose, H0421 (2010 Idaho Legislature). 17 Lake CDA Investments, 149 Idaho at _, 233 P.3d at 721, fn. 6. 181d. award of attorney fees in an action brought under a petition for judicial review. In KGF, both the city and KGF sought attorney fees under Idaho Code §12-117. The court held that the city was not entitled to fees because it did not prevail. It also determined that KGF was not entitled to attorney fees because the matters presented by the appeal were matters of first impression, therefore the city did not act without a reasonable basis in fact or law. Again in a footnote, however, the court questioned whether KGF would be entitled to attorney fees under the newly amended statute even if the city had acted without a reasonable basis in fact or law. Id. at . Confirming what it had earlier alluded to, the court in Smith v. Washington County, 2010 Slip Opinion No. 105 (October 6, 2010), held that attorney fees are not available under section 12-117 in a judicial review. Again relying on a rigid, text -based analysis, the court determined that an "administrative proceeding" is one before an agency, and that "no mechanism exists for courts to intervene in administrative proceedings to award attorney fees." Id. at p. 4. Further, the court held that a "civil judicial proceeding" is one commenced by the filing of a complaint, which is not the case with petitions for judicial review. Therefore, the courts cannot award fees. Id. Although a review of the statement of purpose for the bill amending section 12-117 clearly signals the legislature's intent to restore the prior case law allowing an award of attorney fees by an administrative agency in an administrative proceeding (and to leave other interpretations of the statute intact, i.e. those allowing an award of attorney fees by the court in an appeal of an administrative decisions), the court simply state, "By separating `administrative proceedings' from `civil judicial proceedings,' the Legislature signaled that the courts should no longer be able to award fees in administrative judicial proceedings such as [judicial review of administrative proceedings.]" Smith, at p. 5. Unless the Legislature seeks to further amend section 12-117 in the 2011 Session, Smith will have a lasting impact on land use litigation. Prior to Smith, the parties to a judicial review could take some comfort in the fact that frivolous conduct, on the part of either the government or an individual, could be deterred by the possibility of an award of attorney fees against the party acting frivolously. Smith removes that deterrent.