City Council Regular Meeting

STAR COUNCIL MEETING MINUTES September 16, 2002 A regular meeting of the Star City Council was held on September 16, 2002 at the Star Fire Station at 7:00 pm. Mayor Gail Glasgow called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Spence, Mitchell, Stegenga and Bell; all were present. Approval of Agenda: Spence moved to amend the agenda to table 5A the Quenzer Comprehensive Plan Map Change and 5B the Saddlebrook PUD until October. The motion died for lack of second. Mitchell moved to approve the agenda as presented, Stegenga seconded the motion. Bell, Stegenga, Mitchell – aye; Spence nay. Motion carried. Consent Agenda: Mitchell moved to approve the Consent Agenda, Bell seconded the motion. All aye: motion carried. Presentation: Matt Stoll of Community Planning discussed issues regarding the need for implementation of ordinances for track outs, covered loads, wood burning and garbage pickup. Ada County will have a mandatory garbage pickup ordinance. The City will need to have the wood-burning ordinance to qualify for federal highway funds. Announcements: The Mayor stated that the second meeting in October will be held on the 21st, it is a regular meeting. The first meeting in November has been moved from the 5th to the 4th due to Election day. The Ada County Highway District meeting scheduled for September 19th has been moved to October 3rd at 6:00 pm at Ada County offices. The Mayor thanked Bell for working with the Ada County Work Crew to spread dirt for the City Hall grounds. The Mayor stated that more dirt would be coming in and volunteers were needed. Public Hearings: Quenzer Comprehensive Plan Map Change - The Mayor opened the public hearing and asked Council for any conflict of interest or exparte contact. Spence stated that she had contact with Sue Hansen, City Planner regarding the Comp Map change. She also had discussions with Hal Simmons and Patricia Nilsson, Ada County Planners regarding the Comp Map change. The Mayor asked the applicant to speak. Shawn Nichol, 52 N. Second Street, Eagle, Idaho of Crestline LLC representing Havencrest Subdivision. Nichols stated that the application is for annexation, zone and 1 Comp Map change on 52 acres, which contain four parcels (all being included in the application) and a zone of R3. Kevin Amar, 416 E. First Street, Meridian, Idaho, (representing the applicant) stated that he has reviewed the surrounding property and believes it will be compatible with the surrounding properties. He has talked with the Star Sewer & Water District and the property can be served by the District. Susan Wildwood, 2533 N. 26th, Boise, Idaho, (representing the applicant) stated that she used to live in Star. The property is currently low density and they are asking for a medium density. She believes that this would be a more appropriate use of the land, as it works well with surrounding properties. Wildwood stated that the City Planner has reviewed the Comp Plan and the proposal fits well with growth in that area and the development of R3 is compatible. Sue Hansen, City Planner stated that this request is for a Comp Plan Map change, the last change to the map was done in April for the Kuenzli/Sorenson application. The Saddlebrook Application did ask for a Comp Plan Map change and was granted one, but the resolution was not submitted to the Council yet. The City of Star does not have specific policies in place that say that changes to the Comp Plan Map can only be made every six months as Boise and surrounding cities. Idaho Code says an applicant can apply for a map change at any time, with map changes every six months. The City is in compliance with this. The City’s Comp Plan follows this, but the Zoning Ordinance does not address it. This application could be heard and then one resolution presented at the October 21st meeting. Hansen reviewed more of her staff report. The Star Water & Sewer District has responded and can provide services to this development. They are in favor of higher density. This property is contiguous and is not detrimental to surrounding areas. Spence asked Hansen if we should put some policies in place regarding the Comp Plan Map changes. Hansen stated that we have policies in place now and they are working. Mitchell asked City Attorney, Chris Yorgason if we are in compliance. Yorgason stated that he is okay with either way the Council chooses. He has no problem with approving the application tonight and writing a resolution for the second October meeting. The Mayor asked the public to speak: Herb Quenzer, 6273 Quenzer Lane, Star, Idaho stated that he has owned and farmed the property since the seventies. He has problems now farming as it is surround by housing and can’t spray. He would like the Council to approve the request. Bert Bradley, 274 Harvey Street, Eagle, Idaho stated that the City of Eagle did approve applications and then approved a resolution for map change every six months. He stated it had helped them make better decisions. Bradley believes that the City is on the right 2 track with denser housing around the core of the City and has no problem with this development. Bruce Jackson, 12023 Floating Feather, Star, Idaho stated that he farms the land north of the Quenzers and has no problem with the development. Connie Quenzer, 22752 Kingsbury Road, Star, Idaho stated that if anyone was willing to give money for the property instead of the development to let her know. Quenzer stated that her father is no longer able to farm the land and she would like the Council to consider approval of the application. Kevin Wheelock, 491 N. Procyon, Star, Idaho stated that he lives right in the middle of the City and sees nothing wrong with this R3 development. Oliver Cleaver, 7790 W. Spanish Bay, Eagle, Idaho stated that a lot of the farmers have worked this land and are now ready to move on. Mrs. Crews passed away before her application was approved. He is in favor of this application and believes it lends well with an R3 zone. Norma Hinck, 820 N. CanAda, Star, Idaho sated that she is in favor of this application – they have farmed a long time and believes this application is a good thing. Carol Ward, 2090 Sunny Lane, Star, Idaho has lived in Star for fifteen years and is concerned about the density and no park. She stated that the school is at capacity. She stated that State Statute says that no more development can happen if the school is at capacity. The Star school was given extra dollars. She is concerned about sewer and water exceeding their capacity. She handed out copies of the Idaho Statute with a highlighted area and would like it entered into the record. Hansen stated that the actual last Comp Map change was requested in March. Erik Battey, 2420 N. Munger, Star, Idaho stated that a lot of time and effort has gone into creating the Comp Plan and it reflects a rural atmosphere and believes we are going away from that. The Comp Plan is outdated and knows the City is working on that. He believes these developments are going to have a significant impact on schools, sewer and water and roads. We need to encourage commercial growth it is more stable and a better tax revenue. Pam Slendorn, 29817 N. Hamlet, Star, Idaho stated that Star is only getting playground equipment out of the current school bond and won’t help us with overcrowding. She wants a nice planned community and doesn’t want cheap R3 and R4 houses. George Nicola, 12300 New Hope Road, Star, Idaho, has worked with farmers and has a rural vision for the area. He stated that people want to live here because of this. He stated that Star cannot have portable classrooms and Eagle Middle and High School are at capacity. 3 Susan Wildwood (applicant representative) stated that they have worked with Wendall Bingham of the Meridian School District and there is no problem with serving this development regarding schools. There is not enough population at the current time to warrant a school on this side of the river, they are looking at the other side of the river. There is also no State Statute saying development can’t happen because of school capacity. Wildwood stated that other cities have specific ordinances in place that state that they cannot approve Comp Plan Map changes anymore than every six months. Wildwood stated that the City incorporated so they could decide what they wanted for the City. The Sewer & Water District wants to maximize the use of the property by having more houses per acre. She stated that R3 is a more efficient use of the land and roof tops drive business. The Mayor closed the public hearing. Spence moved to table the discussion until the October meeting. The motion died for lack of a second. Stegenga moved to approve the Comprehensive Plan Map change with the resolution being presented at the October 21st meeting, Mitchell seconded the motion. Spence stated that she believes that property owners have a right to develop their own property but it needs to be in the best interests of the public. She is hearing a conflict in regards to people wanting a rural feel. We should keep the Comp Plan the way it is. She has a child being bussed forty-five minutes away – we need to focus on keeping our kids here. Roll Call: Spence abstained, Mitchell, Stegenga, Bell – all aye: motion carried. Stegenga moved to annex the Quenzer property and zone it R3, Bell seconded the motion. Spence believes all the growth is developer driven and we should be pro-active, not reactive. Bell stated that the Council can’t act without someone coming forward to request something. Roll Call: Spence nay, Mitchell, Stegenga, Bell – aye: motion carried. Saddlebrook PUD – The Mayor opened the public hearing and asked for conflict of interest and exparte contact. Bell stated that he had a conflict of interest as his property abuts this development. Bell recused himself from deliberation on the application. 4 Bert Bradley, 274 Harvey Street, Eagle, Idaho developer of Saddlebrook. Bradley stated that there are 419 building lots, if larger lots are requested they may revise some plats. There are 23 common lots and a four-acre park which is what the Council indicated that they wanted. Bradley stated that the staff concerns regarding the two extra pieces of land (lot and park) will remain in the owners possession. The park will be deeded over to the City and Bradley stated that he will finish the park with the exception of a sprinkler system. This park will be the entrance to the subdivision and will have a paved parking lot. The entry way to the park is lined up per Ada County Highway District, the four acre park is not part of the open space and will be a stand alone, like the house. These will probably be lots one and two. There are a few lots under the R3 zone, but the average density is more than covered by R3 zone. Bradley stated that ACHD is okay with the collector and side streets, and utilities can serve the development. The school district is not interested in building a school on this side of the river. The sewer and water line does encroach on the Quenzer property. Mr. Quenzer does not have a problem deeding over the easement to ACHD if needed. Bradley discussed the issue of drainage. The Drain District #1 ditch cannot be tiled, Drain District #2 ditch will be tiled and no decision on tiling has been made for the Flake Lateral. The Mayor asked if there was enough water in the subdivision to water the park. Bradley stated that there was and he would furnish the water initially and would work with the Council on watering the park. Spence asked about setbacks. Bradley stated that they were written on the plans. Spence asked who would maintain the park. Bradley stated that the City would. Mark Lovejoy, City Engineer stated that there were two main concerns. The open space along the Flake which is not usable space and the yard setbacks. Saddlebrook will be following the updated setbacks in the Zoning Ordinance. Hansen stated that there are two zoning areas, the R2 area is about 17,902 square feet with a minimum of 14,689 which are well in excess and the same with the R3. Hansen stated she has a concern regarding the created corridor along the Flake, this is a safety concern for children. It was suggested that maybe open fencing or break out areas be put in place. Violet Blake, 767 N. Star Road, Star, Idaho submitted a letter and read it into record. She asked the Council for approval of this property. Neil Hinck, 820 N. CanAda, Star, Idaho stated that he is all for the development. 5 Norma Hinck, 820 N. CanAda, Star, Idaho stated that it is time for this development and she is in favor. Todd Schaefer, 4015 DelMonte, is in favor, but did not testify. Tami Dickerson, 583 N Star Road, Star, Idaho stated that she lived south of the project and wanted a fence along the park property which abuts to hers – a non-accessible fence. She had also been told that there would be a fountain in the park and she is concerned about the water feeding to her place and the park. She is in favor of the development. Lance Cole, 11026 W. Vega, Star, Idaho believes that the project will be wonderful for Star. Guy Givens, 22361 CanAda Road, Star, Idaho is concerned about the subdivision. He would like to know the number of phases and timing. He is concerned about the canal overflow, it needs to be safer. He would like to see the good trees kept and asked about a landscape plan. Chad Bell, 1136 W. 3rd Street, Star, Idaho is for and against the development. He believes that the 3rd Street entrance will have a significant traffic impact, especially being an undeveloped street. He asked if the developer would consider turning the road into a walking path, keeping the width of the road but putting in knock down posts for emergency vehicles. Steven Park, 11340 3rd Street, Star, Idaho is concerned about the road but is not opposed to the subdivision. He believes that there will be 7,044 additional trips a day reported by Ada County Highway District. He would like to retain the small town nature and has children that play around the road which is a safety concern. He would like to see the road become a walking or bike path. Pam Slendorn, 2987 Hammet, Star, Idaho stated that she believes the developers should leave space for schools as they are impacting the schools and schools are over crowded. Bert Bradley, 274 Harvey Street, Eagle, Idaho addressed the public comment. He stated that there is no problem with a fence around the perimeter of the park and he is not aware of a fountain. Estimates on timing will be about eight to ten years till build out with about one phase being done a year. There will be a landscape plan. Bradley stated that he will check with ACHD regarding changing 3rd Street into an emergency road with knock down bollards. Bradley stated that the entrance on 3rd Street will only serve a small part of the subdivision – there are ten stub streets. Spence stated that there would be about 4,000 cars for the entire subdivision. Bradley stated that the traffic study was done by ACHD. 6 Bradley stated that phase one of the development will be at the Blake property and the second phase at the Sittser property, this is due to the water lines. The engineer will be deciding what to do with the Flake Lateral whether to take it out or re-do it. Bruce Mills, Ada County Highway District stated that it was his sixth day on the job and does not know enough about policy to comment on this development. Bradley is trying to phase the development with ACHD. The Mayor closed the public hearing. Spence moved to table Saddlebrook until October 21st to allow applicant to address issues. Motion dies for lack of second. Mitchell moved to approve the application for conditional use permit and planned unit development of Saddlebrook and to include all conditions of the Ada County Highway District staff report, the conditions of the City Engineer and City Standards and for a Resolution on the Comp Plan Map change to be passed, Stegenga seconded the motion. Spence suggested adding the planners concerns to the motion. Mitchell amended his motion to add including the planner’s concerns, Stegenga amended his motion. Bradley stated that the area concerned is a drain ditch and 25 feet has to be left open, we can dictate the type of fence. Bradley will sit down with Cleaver and discuss the issue. The Mayor stated that the stub streets will effect the neighborhood on 3rd Street. Yorgason suggested that the developer talk with ACHD in an effort to redesign the entrance so it has the least significant impact on the neighborhood as long as it is in accordance with ACHD standards. Spence asked what happens if ACHD does not approve the knock down bollards. Yorgason, City Attorney stated that he is confident ACHD will do the right thing. Yorgason suggested having the City Engineer involved in the discussion with ACHD. Mitchell amended his motion. Mitchell moved to approve the conditional use permit, the PUD and preliminary plat and to include the following conditions: the conditions in the ACHD staff report, the redesign of 3rd street contingent on ACHD approval, the Engineers conditions, the City Standard Conditions of Approval, the Resolution for the Comp Plan Map change to be passed, and address the concerns of the Zoning Administrator, Stegenga amended his second. Roll Call: Spence – abstained, Mitchell and Stegenga – aye; motion carried. 7 Celestial Village Preliminary Plat – The Mayor opened the public hearing and asked the Council if there was any exparte contact or conflicts of interest. Hearing none, the Mayor asked the applicant to speak. Ron Bath, 1729 Whitby Lane – developer of Celestial Village is applying for a preliminary plat that includes 76 residential lots and six commercial parcels and roads do conform with ACHD. They have had a pre application meeting on Friday and there were two modifications. Stegenga asked about another access on Star Road to the property. Mitchell stated that there will be access roads to the Kuenzli property. Spence asked about the 100-year flood plain. Bath stated that if the property is in the food plain it will be addressed. Spence asked if everyone would have access to the pond. Bath stated that only the homeowners surrounding the pond would have access and would maintain it. It would not be accessible to the general public. The pond is designated as lot 16. Mark Lovejoy, Holladay Engineers stated that there is a concern regarding a buffer area between the commercial and residential area. Sue Hansen, City Planner stated that the City has not received an approved report from ACHD yet. The flood plain ordinance will need to be addressed. Hansen recommended tabling the preliminary plat until the ACHD approval is in and the engineer requirements are met. Spence asked Hansen about access to the ponds. Hansen stated that if the property owners maintain it there is no zoning law to ban not closing it off. Bath stated that he received an ACHD report off the internet on Friday with preliminary approval. He will work on the concerns of the engineer and will deal with the flood plain dilemma – his engineer stated that the property is not in the flood way. The buffer between the commercial and residential will be a berm with a fence. Bath stated that if the property is in the flood way, it may require larger lots. The Mayor closed the oral part of the public hearing. The public hearing was left open to receive comments from ACHD and other written testimony. Stegenga moved to postpone the decision on Celestial Village Preliminary Plat to the October 21, 2002 meeting, and the ACHD report in and Flood Plain issues resolved, Bell seconded the motion. Roll Call: All aye; motion carried. Old Business: 8 Ordinance No. 65 Flood Plain Ordinance – This ordinance was not published and needs to be re-adopted. Jack Warner, 11576 Syringa, Star, Idaho is concerned about the requirements the City has they are more than FEMA. Mitchell stated that the City went with higher requirements to allow the citizens to purchase cheaper insurance. It was moved by Mitchell and seconded by Stegenga that pursuant 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. 65 be considered after reading once by title only. Roll Call: All aye; motion carries. Mitchell moved to adopt Ordinance No. 65, an Ordinance of the City of Star, Idaho, adopting the Flood Plain regulations within the corporate limits of Star; providing for statement of purpose, definitions, areas of special flood hazards, lands to which the ordinance applies, providing for administration, permit requirements, application procedures, provisions for flood hazard reduction; and providing for an effective date, Stegenga seconded the motion. Roll Call: All aye: motion carried. Street Lights – The Mayor stated that streets lights have been ordered from the new company and should be here within four weeks. Mule Days – The Mayor stated that not all the figures are in for Mule Days yet, it is estimated right now at making $3,402.00 profit. New Business: It was decided that due to the lateness of the evening the review of Curfew, Open Burning and Air Quality Ordinances would be held at another meeting. Adjournment: Mitchell moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. The meeting was adjourned at 11:00 pm. Respectfully submitted: Approved: ________________________ _________________________ Cathy Lambert, Clerk Gail Glasgow, Mayor 9