City Council Regular Meeting

STAR COUNCIL MEETING MINUTES June 17, 2002 A regular meeting of the Star City Council was held on June 17, 2002 at 7:00 pm at the Star Fire Station. Mayor Gail Glasgow called the meeting to order. Fireman Chris Head introduced Yvonne Fisher, a new employee of the Fire District. All stood for the Pledge of Allegiance. Roll Call: Spence, Mitchell, Stegenga, Bell; all were present. Approval of Agenda: Mitchell moved to approve the agenda as presented, Bell seconded the motion. All yes: motion carried. Consent Agenda: Mitchell moved to approve the Council Minutes of June 4, 2002, Stegenga seconded the motion. All yes: motion carried. Public Hearing: BGKNS Comp Plan Map Amendment/Annexation/Zoning – The Mayor asked for the applicant to speak. Bert Bradley, 214 Harvey Street, Eagle, Idaho stated that Saddlebrook Development was to be a medium to low density development, with the medium density meeting the requirements now. The low density will be along the CanAda Road for a buffer zone, this will include half acre lots. The present application is totally different than the prior one, the new has added the Blake property. The new application has more ingress/egress sites which will result in a better layout. Ada County Highway District and DEQ have not seen the new plan. An engineer from the Star Sewer and Water District is at the meeting to address the sewer and water lines. The Meridian School District will not float bonds for additional schools before they are maxed out. This is an eight to ten year project and will start at the Blake property for the water line. Idaho Transportation will estimate traffic patterns and controls, they aren’t against but will be advised of the growth. Bradley stated that the letters received on the previous application don’t apply as this is a new design. Changes have been made and issues have been addressed with regard to traffic patterns and analysis of the services will be addressed and available. Bradley stated that the City staff report recommended an R-4 to R-3 zone for this application. Bradley stated that this is unacceptable as he is bound by the old zoning ordinance, we can negotiate zoning and it would be more than justified. Spence asked about the development agreement and the limit of 2.6 houses per acre with 22 acres of open space. She is concerned that the limitation of time of the agreement – 120 days to final plat. 1 Bradley stated that that was not true, the 120 days is past the final plat. That means the building agreement expires 120 days after the final building is built. The City would have the final say in the zoning ordinance. Spence asked about the development agreement. Bradley stated that the former City P&Z person insisted on the development agreement to protect the City. It can be reworded, the City didn’t tell us what they wanted so they put the agreement together. Spence does not believe the agreement is needed. Bradley stated that it was there to protect the City. Spence believes that this is a whole lot of paperwork. Bradley asked Spence if she did not want the development agreement. Spence stated that she felt more comfortable not doing it. Bradley stated that that was okay. Some of the lots are 8,000, but most are 9,000 and that was the reason for the development agreement. The Mayor asked if any of the Council had a conflict of interest or exparte contact with this application. Bell recused himself and will leave the table and sit as a citizen Mitchell stated that he did have exparte contact with one of the developers, Todd Shaffer but that the discussion was not about this specific development it was about the City Zoning Ordinance. This occurred last Thursday. Spence stated that she talked with Carla Olson about the development and Ada County Highway District about the impact on Star Road. Stegenga stated that he discussed a proposed subdivision that had not come before the City and was not subject to any ordinance that was passed. Bradley stated that at the time of filing the application it fell under the old ordinance that is in effect now. Chris Yorgason, City Counsel stated that the Comp Map Amendment and Annexation would certainly fall under the old zoning ordinance, but the subdivision would have to use the current ordinance. Each application falls under the ordinance that is in place and the new Zoning Ordinance would be in effect at the time of application. Bradley does not have a problem with that, he only asked for the R-4 due to the 8,000 square foot lots. Yorgason stated that if the City wants to limit certain lot sizes they can. They can also go with an R-3 zone with a certain amount of smaller lots. This could be accomplished with a development agreement. 2 Stegenga is not looking forward to the development agreement and believes that we can do the zoning with an R-2 and R-3 with the new zoning instead of the development agreement. Bradley asked to be put on later in the agenda to review the R-2/R-3 zoning proposal. Yorgason stated that the application could be postponed to the next meeting. Bradley stated that he didn’t want to delay the application as it would cause a time problem for the Sewer and Water District. Spence stated that she was not present at the last hearing and reviewed the past letters regarding the previous application which two were “not in favor” letters and one “in favor” letter. Eric Battey has a lot of respect for Bradley. She has seen several letters regarding people not wanting anymore R-4 zoning. We have a comprehensive plan that was just finalized, it’s a major plan. Everyone wants an R-4 zone and right now the current map shows 60% very low density, 25% low density and 12% at R-4 zoning. There are 450 homes at R-4 and 36 homes at R-3. Bradley stated that he appreciates Spence’s concern. We are experiencing rapid growth and will be receiving more and more applications. The Comprehensive Plan was designed to be changed every six months. Spence asked how Bradley would address concerns. Bradley stated that his development is for 2.6 house per acre, there is no where near 450 houses, there are two irrigation companies with easements through the property and ACHD has easements with the roads. Carla Olson, City Planner reviewed her staff report. Olson stated that there were three applications being presented: Comprehensive Map Amendment, Annexation and Zoning. The zoning is under the R-3 density and a PUD can be used to negotiate this. Olson stated that information from Canyon County was not included in the staff report as she had not heard from them prior. She has heard from them and the areas in Canyon County surrounding this property are zoned agriculture and rural residential with one and two acre lots. Spence stated that on page three of the staff report there is a concern over density, adequate services and the long term effects. Olson stated the Council should go back and look for the core and developments. The Engineer had no comment. The Mayor asked for public input. Violet Blake, 767 N. Star Road, Star, Idaho read a letter into the record. (attached) 3 Herbert Quinzer, 6273 CanAda Road, Star, Idaho stated that he lives next to the development and sees nothing wrong with the Bradley proposal, he is an honest developer. Rosie Barfuss, 1132 Amaya Place, Boise, Idaho stated that she knows Mrs. Fairbanks, she is 82 years old and lived here for 40 years. The farming is not profitable and believes and trusts the developer to make good decisions for her property. She wants zoning to pass. Steve Barfuss, 1132 Amaya Place, Boise, Idaho stated that this development is a wise decision, and is good for raising children and will promote growth. The people in Star area raised in a good, clean environment and not all can afford 5 to 10 acre lots. This will be good for the children. Todd Shaffer asked to speak later. Steve Givens, 22445 CanAda Road, Star, Idaho stated that he is not opposed to the development, but is concerned about the density. He believes there should be a transition area, it would be a benefit to Star and the tax base would be more. Guy Givens, 22361 CanAda Road, Star, Idaho sated that he is opposed to the Comp Map amendment , he likes the rural atmosphere and the acreage lots on CanAda. It should be zoned with one or two houses. Jim Eagan, 11577 3rd Street, Star, Idaho, stated that he had heard good comments, he believes the annexation should be turned down until the zoning is complete. He has seen an amended plan and the density of the area has not changed. There are a few half-acre lots and developers can’t make money without smaller homes. He believes that this should be continued until the zoning is complete. Bud Awne, 7747 Duncan Lane, Boise, Idaho stated that he is a realtor and would like to clear up some misconceptions. Mrs. Fairbanks was never told her property would be one acre lots, she was told they would be larger than 6,000 square feet. These are not starter homes, the mid range will go for $110,000 to 180,000, not everyone can afford to live on 1 to 5 to even 10 acre lots. There was an article in the Idaho Statesman from Eagle stating that they may have messed up by having the larger sized lots. We need to find the best use of the land – this development will pay for infrastructure to the tune of five million dollars. Steve Gardner, 860 Antillies Court, Meridian, Idaho stated that he is the financial advisor to Mrs. Fairbanks. He has four kids and wants them to be able to have quality housing. He stated that it seems to be hard to get the emotion and facts out of this – the City can get more tax base with smaller lots than acre homes – he believes these houses will be quality homes and urges the Council to approve the application. 4 Dennis Sukinon, 2839 Raindrop, Boise, Idaho stated that he is an engineer with Keller and Associations, engineers for Star Sewer and Water District. He stated that they have reviewed the design and it calls for 2.6 houses per acre. The trunk line going in currently is designed for a density of 3.2 homes per acre. This development meets the requirements in accordance with the sewer and water plan. Micki Park, 11340 W. 3rd, Star, Idaho stated that we have a lot of R-4 subdivisions and would be more comfortable with R-2 and larger homes. Chaney Rhoades, 11470 W. 3rd, Star, Idaho believes that Bradley tried to meet what the Star residents want but wanted to know at what point we will be able get two acre parcels – he feels homes will be good. Todd Shaffer, 4015 Delmonte, Boise, Idaho stated that he is in favor and involved in the development. He did not believe, as Spence stated that they were amending the Comp Map willy nilly, this is the root of the sewer system and is going to open it up to traffic and utilities. In Canyon County the zone has gone from five acres to one to two acre parcels and this will be a buffer zone. The application is designed to put the least amount of traffic on 3rd and Center Streets. There are a total of eleven entrances/exits and the entry on CanAda was moved as to not have headlights in any windows. The density on a 24’ line also generates a need to have the smaller zone in closer and the larger homes farther out. The open space is not the ditch areas, there is a four-acre City Park and the 22 acres of open space does not include the park. Bradley stated that he is not opposed to the PUD suggestion by staff, there was commercial zoning in the original plan but it has been removed. The West side of CanAda has the low part of the property and they will have to fill in some areas, but will have one acre lots to generate the sewer flow and that will be marginal, it will not flow with two acre lots. It is not their intent to have starter homes, they will start at $110- 120,000 and up with around $250,000 along CanAda Road. Bradley stated that the PUD can work. The Mayor closed the public hearing. Spence stated that she is keeping a tally of pros and cons and people want less density and the pros are all from non-residents and wonders whose best interest they have in mind. Bradley stated that cities grow from the inside out, they use to draw a circle around the core of one mile for higher density. An 8,000 square foot lot is not a starter home and sees the acre to two acres being developed towards the South and North. He stated that the County Commissioners did not help Star with its area of impact. Studies show that people usually generate two incomes and want to buy homes that don’t have large lawns. Eagle fought to bring people in so they could get the services. 5 Spence stated that between the Kuenzli/Sorenson and Pristine Meadows developments there would be close to 1,000 homes. Bradley stated that there is an absorption rate and it will be about 50-60 lots built per year. Stegenga stated that the development portion is not on the agenda right now and we shouldn’t be talking about numbers of homes. Spence stated that the annexation of the property will give a rough idea of what the long term look will be. Stegenga stated that the Comp Map amendment calls for a major change to allow for an amendment and the installation of a sewer line is a major change. Spence believes that it is time to re look at the Comp Plan and would like to see everyone have input. Mitchell stated that the Comprehensive Map change is necessary to change the zoning, we need to make the change and comply. The Sewer & Water District has spent close to $998,000 on the North interceptor line and that’s a lot of money. Spence does not believe we have a handle on the Comp Plan. Mitchell stated that we are seeing a trend and the zoning ordinance didn’t work as a tool in today’s market – he wants what’s good for Star. Stegenga moved to approve the Comprehensive Plan Map Amendment as presented with the low density on CanAda Road and medium density, Mitchell seconded the motion. Spence asked if we shouldn’t annex the property first. Stegenga stated that we shouldn’t. Spence believes that we should take a step back on the request of development, there is no diversity and she doesn’t want to run out of land. Mitchell stated that at the current time there is a lot of lower density land but as we grow out there will be higher densities. He stated that it seems like it’s filling fast, but he does not see our area of impact stopping at Floating Feather and CanAda and the River. We need to go back to Ada County and expand – diversity will come over time. Spence stated that going back to Ada County will not be an easy battle. Question: Spence – nay, Mitchell – aye, Stegenga – aye: motion carried. Mitchell moved to annex 156 acres for the BGKNS application, Stegenga seconded the motion. Spence is against this and we need to take the time to step back and review. 6 Stegenga stated that the population according to the Comp Plan states that we should be at about 5,919, an estimate of 7,754 is in line with the Comp Plan. Question: Spence – nay, Mitchell – aye, Stegenga – aye; motion carries. Stegenga stated that he does not want a development agreement. Stegenga moved to adopt a zoning of R-2 along CanAda Road and the balance at R-3, Mitchell seconded the motion. Spence stated that she did not want to approve zoning that the applicant hadn’t applied for. Stegenga stated that the applicant should be asked if that would work. Bradley stated that as long as the R-3 was tied to the new zoning ordinance and he could enter into a PUD as well, it would work. Question: Spence – nay, Mitchell – aye, Stegenga – aye; motion carried. Nahass Rezone/Preliminary Plat – The Mayor stated that there was a preliminary plat on the table and asked the applicant if they wanted to withdraw it or cancel the current public hearing. The Applicant asked to be placed as the last public hearing. Olympic Investments LLC Preliminary Plat Amendment – The Mayor opened the public hearing. The Mayor asked the applicant to speak. Jason Densmer – Roylance & Associates, 329 State Street, Eagle, Idaho stated that this is an amendment to an existing preliminary plat. This is an improved design and is more viable. Stegenga stated that the Council has no information, only a report from staff. Spence asked if this was the one brought to the Council in February. Densmire stated that it was and that there are only minor changes. The changes are in the cul-de-sacs and connecting road. Stegenga asked if there was a lot change. Densmire stated that it had increased by eight lots. There was no staff report. Stegenga moved to keep the public hearing open and continue it to the July 15th meeting, Spence seconded. All yes; motion carried. 7 Nahass Rezone and Preliminary Plat - Roylance & Associates withdrew the previous Westpoint preliminary plat. The Mayor opened the public hearing and asked the Council if there was any conflict of interest or exparte contact. None was reported. Jason Densmer, Roylance & Associates, 329 State Street, Eagle, Idaho stated that the applications are nearly identical with the exception of additional open space. They are requesting an R-2 zoning which is in line with the other surrounding projects. Spence asked for the motivation for the change from R-1 zoning to R-2. Densmer stated that they are waiting for a development agreement with ACHD. Stegenga stated that the last pre plat was tabled because the same information was not provided. The landscape plan is unnecessary as the landscaping will be natural and this will not have walking or bike plans as they are part of the roads. Spence asked for the justification. Densmer stated that most of it is due to the geometry of the parcel – it will include ditches and common ground. Spence asked if the open space would be usable. Densmer stated that it was not defined. Mitchell asked if they can be annexed into the Sewer & Water District and will they be able to provide service. Dave Roylance stated that the irrigation lots caused the change, the lots would be narrow, where now they will have plenty of room. Stegenga stated that subject to the R-1 & R2 zone they don’t need open space. Spence asked if the homeowners were in charge of taking care of the irrigation ditches. Densmer stated that the irrigation companies would take care of the irrigation ditches. The Mayor asked for a staff report. Olson stated that this was for a rezone and preliminary plat application. She reported that ACHD cannot report on this application until they have a development agreement signed. The Zoning Ordinance requires a landscaping plan. Spence asked Olson how she felt about the rezone from R-1 to R-2. Olson stated that the property surrounding conforms more to an R-2 zone. Olson stated that the Comp Map shows this as low density. 8 Stegenga asked about a stub street to the Burgess property to the West. Roylance stated that the stub street to the West causes problems and ACHD asked the same question. Roylance did a traffic study and it showed that the Burgess property needed the access. ACHD will not be requiring a stub street to the West. The Mayor asked if the traffic study was written. Roylance stated that there was no written report. Mitchell asked what the development agreement covered. Roylance stated that it covered the stub streets, there will be one to the East, a corridor that will be left open for five years and then deeded back to the two land owners if not needed. Spence asked about safety features regarding accesses. Roylance stated that it would be safer. Mark Lovejoy, City Engineer stated that this application has been reviewed and believes that ACHD may require a wider easement. Bell moved to approve the zoning from R-1 to R-2 and table plat approval. There was no second, motion dies. Mitchell moved to rezone Westpoint from R-1 to R-2 as requested, Stegenga seconded the motion. Spence asked for justification for the R-1 to R-2. Question: Spence – nay, Mitchell – aye, Stegenga – aye, Bell – aye; motion carries. The Mayor closed the public hearing. Bell moved to approve the preliminary plat with the conditions of the engineer, ACHD and development agreement, approval of annexation into the Star Sewer & Water and City standards, Mitchell seconded the motion. Roll Call: Spence – nay, Mitchell –aye, Stegenga – aye, Bell – aye, motion carries. Resolutions and Ordinances: Resolution 2002-6 Mule Days Vendors Permit Fees – Stegenga moved to approve Resolution 2002-6 Permit Fees, Mitchell seconded the motion. Roll Call: Spence – aye, Mitchell – aye, Stegenga – aye, Bell – aye; motion carried. Resolution 2002-7 City Excess Force - Mitchell moved to adopt Resolution 2002-7 for City Excess Force for Sage and the Senior Grant, Spence seconded the motion. 9 Yorgason suggested that the resolution be amended to add: “and providing an effective date” and removing section two. Mitchell amended his motion to change the resolution as recommended by Yorgason, Stegenga seconded his amendment. Roll Call: All aye: motion carried. Ordinance No. 68 Zoning Ordinance Amendments - It was moved by Stegenga and seconded by Mitchell 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. 68 be considered after second reading by title only. Spence believes the Council is arbitrarily adopting ordinances. Roll Call: Spence – nay, Mitchell – aye, Stegenga – aye, Bell – aye; motion carried. Stegenga moved to adopt Ordinance No. 68 an Ordinance of the City of Star, Idaho, amending the Zoning Ordinance, to amend Section 2.4 to replace the schedule of building height and lot area regulations; amend Section 9.8D to provide new sign requirements: amending Section 11.7.22 adding home occupation and renumbering sections 11.7.22 through 11.7.30; and providing an effective date, Mitchell seconded the motion. Roll Call: Spence – nay, Mitchell – aye, Stegenga – aye, Bell – aye; motion carried. Unfinished Business: Findings of Fact and Conclusions of Law – Meridian School Dist. Parking Lot – Stegenga moved to approve the Findings of Facts and Conclusions of Law for Meridian School Dist. Parking Lot, Mitchell seconded the motion. Roll Call: all yes; motion carried. Installment Payment for Street Lights – Stegenga moved to approve the partial payment of $6,889.16 for the streetlights, Spence seconded the motion. Roll Call: all yes; motion carried. New Business: Neighborhood Association - Mitchell moved to table the discussion on the Neighborhood Association until the July 2nd meeting and have the Council give the City Clerk suggestions by Friday, Stegenga seconded the motion. Roll Call: All yes; motion carried. SAGE Paperwork - Stegenga moved to have the Mayor sign the SAGE lobbying paperwork, Spence seconded the motion. Roll Call: All yes; motion carried. Executive Session: 10 Mitchell moved to go into Executive Session under ICS 67-2345(1)(a), Stegenga seconded the motion. Roll Call: all aye; motion carried. Executive Session Decision: Stegenga moved to pursue finding a full time Engineer/Planner (or Engineer with two to three years of experience) and put an ad in the paper asking for qualifications and salary requirements, Spence seconded the motion. Roll Call: all aye; motion carried. Adjournment: Mitchell moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. Respectfully submitted: Approved: _______________________ ________________________ Cathy Lambert, Clerk Gail Glasgow, Mayor 11