City Council Regular Meeting

CITY OF STAR  COUNCIL MEETING February 3, 1998 The Star City Council met in regular session on February 3, 1998. Mayor Watson presiding. Roll call: Amsden, Kirtley, Ross, OConnor Winkle, Embury. Moved by Kirtley and seconded by Embury to approve the minutes of January 26, 1998 and February 3, 1998 as presented. Motion carried. Moved by Ross and seconded by Kirtley that pursuant to Idaho Code, Section 50-902 the rule requiring an ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 4 be considered after reading once by title only. ORDINANCE NO. 4: Moved by Embury and seconded by Ross to adopt Ordinance No. 4, an Ordinance of the City of Star, Idaho adopting procedures for the conduct of hearings held pursuant to the Local Land Use Planning Act, Title 67, Chapter 65, Idaho Code, as required by Section 67-6534, Idaho Code; and providing an effective date. Roll call: Aye: Amsden, Kirtley, Ross, OConnor, Winkle, Embury. Motion carried. PUBLIC HEARINGS: Mayor Watson declared it was the time and place for a public hearing on 97-83-CU, an application for a conditional use permit to install an additional awning and two gas pumps for the existing Star Mercantile. This property contains .18 acres and is located at 10942 W. State St., Star, Id. The applicant is Star Mercantile, Inc./Jack Kirtley. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. Councilman Kirtley recuses himself from discussion due to a conflict of interest. The staff report on the project was given by Sean Nickel, Ada County Planner. Ada County recommends approval of the application, subject to the conditions of approval.. Council asked for clarification on curb cuts, driveway considerations and sidewalks. There was concern regarding access and egress and traffic congestion. Jack Kirtley, the applicant, agreed to answer any questions regarding the project. There were questions from Council regarding trucks loading and unloading, reducing parking spaces by 8. Page 1 of 8 Mr. Kirtley stated the number of parking spaces meets county standards. Additional questions included inquiries about ACHD requirements. There was no public testimony offered. Mayor Watson closed the public hearing at 7:30 p.m. Moved by Winkle and seconded OConnor to approve the application. The motion was amended to include acceptance of the findings of facts and conclusions of law, and the conditions of approval. Aye: Amsden, Ross, OConnor, Winkle. Abstain: Kirtley. Nay: Embury. Motion carried. Mayor Watson declared it was the time and place for a public hearing on 97-87-CU, an application for a conditional use permit for an 18,745 sq ft church facility. The applicant is the LDS Church, represented by Steve Simmons, Lombard-Conrad Architects. The proposed site contains 6.02 acres and is located on the east side of Main St, Lot 9 through 14, Dicksons Subdivision. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. The staff report on the church was presented by Sean Nickel. Ada County recommends approval of the application, subject to conditions of approval. Councilman Amsden excused himself from discussion due to a conflict of interest. Public Testimony: Debbie Amsden-opposed Myron Amsden-opposed Mark Ross, Sr.-in favor Dennis Stegenda-opposed Heidi Carlson-comment Jan Crawford- in favor Gail Glasgow-in favor Concerns of the public: Main Street cannot handle the traffic, already in need of repair, adding the church and additional traffic would cause further deterioration. The type of fencing discussed and consideration of a better location. Steve Simmons, representative for the church outlined the plans for the project. The projection is an additional 100 additional car trips per day, but this is classified as a local street, and no additional requirements on the street is required by ACHD. Mayor Watson closed the public hearing at 8:05 p.m. Page 2 of 8 Discussion by Council:: traffic, lighting and future sidewalks, design and landscaping Moved by Kirtley and seconded by Embury to approve the application based on the staff report, and the finding of fact and conclusions of law, subject to the conditional of approval. Aye: Embury, Kirtley, Winkle. Abstain: Ross, Amsden, OConnor. Motion carried. Mayor Watson declared it was the time and place for a public hearing on 97-90-CU, an application for a conditional use permit to construct a 576 sq. Ft. addition to an existing 1,152 sq. ft. detached accessory building. The applicant is Duane Stewart. This property contains .93 acres and is located at 388 Star Rd. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. The staff report on the addition was presented by Sean Nickel. Ada County recommends approval of the application, subject to conditions of approval. The applicant, Duane Stewart indicated he has no testimony but would answer any questions the Council may have. Public testimony: Dennis Stegenga- opposed Concerns of the public: The size of the building has doubled, the building is, at this time, almost complete, there is a question on the application for a building permit. Concerns were expressed about this building being used for a commercial venture. Mayor Watson closed the public hearing at 8:35 p.m. Moved by Ross and seconded by OConnor to approve the application and finding of facts and conclusions of law, subject to the conditions of approval. Amsden: Abstain. Aye: Embury, Kirtley, Ross, OConnor, Winkle. Motion carried. Mayor Watson declared it was the time and place for a public hearing on 97-25-PDC, an application for a planned commercial development consisting of a commercial retail building including a barber shop and other uses allowed in the C-2 zone. The applicant is Gene Veldhouse. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. The staff report on the application was presented by Sean Nickel. Ada County recommends approval of the application, subject to conditions of approval. Gene Veldhouse, the applicant outlined the project for the Council. Page 3 of 8 There was no public testimony offered. Mayor Watson closed the public hearing at 8:45 p.m. Questions by Council: paving of the parking area, types of future businesses or new ones already in existence, bonding requirements and signs. . Moved by Winkle and seconded by Ross to approve the application and finding of facts and conclusions of law, subject to the conditions of approval. Motion carried. Mayor Watson declared it was the time and place for a public hearing on 97-60-CU, an application for a conditional use permit amending a previously approved CUP, for a 890 sq. ft. expansion to the existing 850 sq. ft. Star Library facility. The applicant is Ada County Free Library District, represented by owner Rick Hoffer. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. The staff report on the application was presented by Sean Nickel. Ada County recommends approval of the application, subject to conditions of approval. Dick Davey, Board of Trustee member of the Ada County Free Library District stated he had no testimony but would answer any questions. There was no public testimony offered. Mayor Watson closed the public hearing at 8:55 p.m. Moved by Ross and seconded by Kirtley to approve the application and finding of facts and conclusions of law, subject to the conditions of approval. Motion carried Mayor Watson declared it was the time and place for a public hearing on 97-11-PDR Shooting Comet Subdivision, a 131 lot (118 buildable, 13 common area lots), planned residential development. This property contains 34.44 acres and is located near the northeast corner of Star Rd. And State St. The applicant is Shooting Star LLC, represented by Dave Roylance, Engineer for Roylance & Associates. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. The staff report on the application was presented by Sean Nickel. This application is a re- approval of an original application approved in April 1994 for 199 lots (188 buildable, 11 open space).. This application was amended to add 2 buildable lots and one open space lot, making a total of 190 buildable lots. 25 buildable lots received final approval on 1995. Phase two, consisting of 11 buildable lots received final approval in 1996. Phase three consisting of 37 lots received final approval in 1996. Phase four, consisting of 18 lots received final approval in 1997. Of the original 190 buildable lots 99 of the original lots remain unplatted. The density in this subdivision is 2.74 dwelling units per acre. The remaining phases contains 118 buildable lots 19 more than was originally approved in 1994. The density, based on the 34.44 acres Page 4 of 8 remaining is 3.42 dwelling units per acre. Ada County recommends approval of the application, subject to conditions of approval. Representative for the subdivision, Dave Roylance stated the staff report is complete and he will answer any questions of Council. Public Testimony: Mary Taylor- comment Walter Murzin- opposed Kevin Wheelock: opposed Jim Eagan-opposed Concerns of the public: Mary Taylor requests a berm and/or fencing on the NW as they have a commercial business. They have a chain link privacy fence and would like the same kind of fencing. Other concerns was waste/storm water. There are common areas that are water retention ponds about 2 ft. deep, there is no proper drainage. The drainage ponds retain water all year long. The phase already started should be complete before considering another phase. Concern was expressed about the maintenance of common areas, and lack of parks in the area. Mr. Roylance indicated that regarding drainage all approvals have been given by ACHD and Drainage District #2. All water on site must be detained. Mr. Roylance agreed that if Council wanted to have phase 4 complete, the drainage problem resolved and the Ada County Engineer signing off on the plat, prior to recording of phase 5, that should be done. Mayor Watson closed the public hearing at 9:25 p.m. Questions by Council: lighting, traffic, drainage/retention ponds, phasing order and fencing of ponds, trucks entering the subdivision during development. Possibility of building the road prior to development of this phase of the project.. Moved by Amsden and seconded by Embury to table this issue until the March 3rd meeting. Moved by Embury and seconded by Ross to amend the motion to include requesting a report on the status of phase 4 storm drainage issues, and get a clear understanding of this on the economic impact on Tarus St. Abstain: Kirtley. Motion to amend: carried. Motion to accept the amended motion: carried. Abstain: Kirtley Mayor Watson declared it was the time and place for a public hearing on 97-09-PDR Middle Creek Subdivision #2, a 109 lot (107 buildable, 2 common area lots) planned residential development. The property contains 23.5 acres and is located east of Star Rd. The applicant is Keith Ricks, represented by Scott Cook, Hubble Engineering. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. Page 5 of 8 The staff report on the application was presented by Sean Nickel. This application is for approval of a planned residential development for phase two of Middle Creek Subdivision. Ada County recommends approval of the application, subject to conditions of approval. The Applicant Keith Ricks addressed the project. Public Testimony: Dave Roylance: no objections, but this project needs to have the same requirements and questions brought up as was made on the previous subdivision. Mayor Watson closed the public hearing at 9:45. Questions by Council: traffic, common areas, drainage, road considerations as previously indicated. It was pointed out that the street problem is complicated as the developer does not own the property and has no control of it. Moved by Kirtley and seconded by OConnor to table this issue until March 3rd to seek additional advise from ACHD. Aye: Amsden, Kirtley, Ross, OConnor, Winkle. Nay: Embury. Moved by Kirtley and seconded by OConnor to have Ada County staff contact ACHD in order to have a representative at the March 3rd meeting. Motion carried. Mayor Watson declared it was the time and place for a public hearing on 94-45-PDR an application for approval of a planned residential development for the remaining phases of Starlight Meadows Subdivision The remaining 42 lots of the original 99 lot development contains 26.45 acres. The applicant is Capital Securities, represented by David Bailey, Pinnacle Engineers, Inc. Through an agreement with the City of Star, Ada County Development Services is processing this application through the provisions of the Ada County Zoning Ordinance. The staff report on the application was presented by Sean Nickel. The County recommends approval of this development. David Bailey, representative for Capitol Securities added testimony to the staff report and said he would be available for questions. Embury: Abstains as his property is within 300 ft of the property. Public Testimony: Dave Roylance: no objections, but needs to have the same requirements and questions brought up as made on the previous subdivision. This is an unworkable president. Page 6 of 8 Mark Ross, Sr.- in favor Mayor Watson closed the public hearing at 10:00 p.m. Moved by Amstead and seconded by Ross to approve this development and the findings of facts and conclusions of law subject to the conditions of approval. Aye: Amsden, Kirtley, Ross, OConnor, Winkle. Abstain: Embury. Motion carried. ORDINANCE NOS 5,6 and 7: Mike Moore consulted with Ada County Development Services regarding the City beginning a building permit process. Ada County would object to the proposal until the City is able to take the zoning as well. This is a violation of the agreement. The City will need a comprehensive plan, zoning and subdivision ordinance prior to adopting the proposed ordinances. Moved by Winkle and seconded by Ross to table these ordinances. Motion carried. ADA COUNTY SITES INVENTORY: Presented by Jeff Patlivoch, Ada County Development Services Director. The inventory would be of a historical nature and include a report given to the City at no cost. This venture is provided through a state grant. They request permission to come into the City and do a historical inventory. Moved by Ross and seconded by Kirtley to allow the county into Star to participate in the inventory. Motion carried. RECONSIDERATION OF MOTION ON THE ISSUE 97-09-PDR-MIDDLE CREEK SUBDIVISION: Moved by Winkle and seconded by Ross to reconsider the previous motion regarding this subdivision as it has been disclosed by OConnor that she has a conflict of interest, she is within 300 ft. of the proposed development. Motion carried. Moved by Kirtley and seconded by Winkle to table the issue until the March 3rd meeting conditioned as the previous motion stated. Nay: Embury. Abstain: OConnor, Ross. Aye: Amsden, Kirtley, Winkle. Motion carried. APPOINTMENTS TO THE APA BOARD: Mayor Watson asked for Council members interested in sitting on the board. Moved by Amsden and seconded by Embury to appoint Kirtley and Ross as board members. The City Clerk will be an alternate member. Motion carried. AREA OF IMPACT DISCUSSION: Speaker Brad Carlson. Mr. Carlson presented a petition to the Council regarding the gravel pits planned for the area. They ask this be considered as part of the larger plan in establishing the area of impact for the City of Star. After discussion it was moved by Ross and seconded by Winkle to form a Council Committee to study a proposed impact area and bring the issue back to Council. Embury and O’Connor volunteered to be on the Committee, Kirtley volunteered to be an alternative member. The City Page 7 of 8 Clerk is also to be on the Committee. Motion carried. Winkle excused himself from the meeting. Moved by Embury and seconded by Ross to hold a special meeting on February 10 at 4:00 p.m. at the Star Fire District to discuss a request to the county to table conditional use issues until the City has the opportunity to complete the impact area study. Motion carried. Moved by Kirtley and seconded by Ross to adjourn the meeting. The time was 10:35 p.m. Respectfully submitted: Barbara Montgomery City Clerk/Treasurer Approved: Mayor Joe Watson Page 8 of 8