City Council Regular Meeting

Star City Council Meeting Minutes A regular meeting of the Star City Covncil was held on July 6, 2004 at 7:00 pm at the Star Fire Station. The Mayor called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were present. Approval of the Agenda: Christopherson moved to approve the Agenda, Bell seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of: Approval of June 1, 2004 Regular Meeting Minutes, June 2004 Claims Against the City, Findings of Fact and Conclusions of Law for - Dudley Annexation/Zone; Hersey Annexation/Zone; DeGrange/Watts Conditional Use Permit; and Meadowbrook Phase II PUD, McDaniel seconded the motion. All aye: motion carried. Public Input: Valley Ride Presentation - Kelli Fearless reviewed the annual report. Funding request is for dues of$1,531.20 There was no other public input. Old Business: Fenix Estates Final Plat- John Carpenter, Landmark Engineering, stated that the application was the same as the preliminary plat. Staff reported no changes and that the application complies with all ordinances. Bell moved to approve the Fenix Estates Final Plat with the eleven stated conditions of approval in the staff report, Christopherson seconded the motion. All aye: motion carried. Meadowbrook Phase II Final Plat - John Carpenter, Landmark Engineering, stated that this application has 33 housing lots and one common lot. Staff reported no changes from preliminary plat. Christopherson moved to approve the Meadowbrook Phase II Final Plat with the eleven conditions of approval contained in the staff report, McDaniel seconded the motion. All aye: motion carried. Public Hearings: 1  Don Gile/Rick Williams Annexation and Zone - A request has been made to defer this to August 3, 2004. McDaniel moved to defer the public hearing to August 3, 2004, Bell seconded the motion. All aye: motion carried. Tempe Preliminary Plat-The Mayor explained the public hearing procedures and asked Council if there was any ex parte contact or conflicts of interest. Hearing none, the Mayor opened the public hearing. Shawn Nickel, SLN Planning, Inc., 52 N. 2nd Street, Eagle, Idaho representing Mr. & Mrs. Ray Robnett. This property was already developed under a CUP from Ada County; Mr. & Mrs. Robnett developed the property and then sold it. Robnetts have recently acquired the property again and would like to develop the property as 40 single family dwellings. This property is bordered by industrial property. The applicant discussed the need for a variance on lot widths. The staff report speaks of all the history involved with this property. The staff report with conditions of approval and engineer report have all been reviewed and the applicant okay with everything. Staff Report - Craig Eckles stated that there are currently 40 single-wide mobile home lots located here. Item number 17 of the staff report needs to be corrected to state "housing set backs shall be ten feet from existing curbs" and "18 feet setbacks for garages from existing curbs". The property owners own the street that acts as an access for the Sewer and Water District-it is a private road. The CC&R's will be submitted to Legal Counsel for review. Mr. Asin, the builder has converted a prior mobile home park ) and done a very good job. No written comments, all agencies have been contacted. Public -Doris Jenkins, 112 W. State, Star, Idaho asked ifthere was more property to be included in this application. The Mayor answered that there will be no more property added to this development. Nickel had nothing to rebut. He stated that Mr. Robnett did have a meeting with the homeowners currently residing there and they reviewed the process for relocation. Gary Asin, 5287 Lakemont, Boise stated that the square footages of the homes are yet to be determined. There are town home lots and this is the same type of project as in Eagle. Public - Kim, 10505 W. Gloxinia, Star asked where this is located. The Mayor explained the location. The applicant added no additional rebuttal. The Mayor closed the public hearing. Bell asked if this was to be two motions - variance and preliminary plat? Eckles stated that there needs to be two motions. 2  Bell believes it will be real nice and believes the variance is in line. He has no problem with it. The Mayor opened a public hearing on the variance for Tempe Park Subdivision. The hardships are listed in the staff report for this request. Christopherson read the staff report and failed to see where there is any unnecessary hardship regarding utilities to justify a variance. He asked for more clarification. Nickel stated that the road, sewer and water, and power are already in place. To increase lots to the required 50-foot minimums the road and utility service connections would have to be tom out and replaced. Christopherson - lot lines would have to be moved along with services. Christopherson asked if there was a requirement for sidewalks. Eckles stated that sidewalks are not required for private streets - and Council approved the original plat without sidewalks. Eckles stated that there has been no documentation received on this application. This parcel is located next to the Sewer and Water treatment plant, the only industrial parcel of land. Our City ordinances and Idaho Code require that we the City go through the public hearing process. The Sewer & Water District has ingress and egress 24 hours a day to this property. The Star Sewer and Water treatment plant will be expanding to have ten foot high concrete filter modules with fans and blowers very soon. A map of the park was shown, showing easements of the Sewer and Water District. There are several ) unique circumstances. All lots comply with 35 foot frontage. There was no public testimony regarding the variance. The Mayor closed the public hearing. Bell asked staff if there were separate conditions for the variance. Eckles stated that conditions are based on Council findings. There are no suggested conditions of approval for variances. Bell moved to approve the variance application for Tempe Park Subdivision with the standard conditions of approval, McDaniel seconded the motion. Christopherson agrees with staff report he thinks the variance should be approved. All aye: motion carried. Christopherson moved to approve the Preliminary Plat for the Tempe Park Subdivision with the seventeen conditions of approval contained in the staff report, McDaniel seconded the motion. All aye: motion carried. Roylance Rezone - The Mayor reviewed the procedures and asked Council if there was any ex parte contact or conflicts of interest. Hearing none, the Mayor opened the public hearing. 3  Dave Roylance, 391 W. State Street, Eagle representing Rockbridge Subdivision stated that he has had a neighborhood meeting regarding this rezone. The property has been identified from the beginning as commercial. He has read the staff report which covers the facts and agrees with it. If the C-2 zone is too intense he would like to look at different zoning before being shut down completely. There is no specific use for this property. He has had two opportunities to sell this property - one being a bank and the other a church - both were turned down as they would not allow architectural input. Bell asked what alternate zoning they would look at - mixed use? Roylance stated that yes, mixed use would work Roylance discussed uses that he felt inapproporate such as a fast food place or high traffic convenience store. He believes the back lot would be good for a day care - this would not be a high traffic area during the day or maybe an assisted living center, or possibly professional offices. The front maybe good for slow food restaurants, dry cleaners, or a city market - a small market, possibly a C-1 in front and mixed use zone in back. The higher uses will need to come back for conditional use. Staff - Eckles stated that a letter had been handed to him tonight and he will read it into the record. This property has multiple use zones on east and west sides, the south side is a PUD with commercial. The reason for this application is that in 1999 a PUD was granted which said 10% of the land can be commercial or other commercial, provided the Council find it favorable. Applicant has some interest for future development - does not require public hearing if the use has been approved. Residents of Rockbridge would be noticed if a conditional use permit is required. Eckles read the letter from Max and Sandra Long for the record (concerned with traffic). The petition copy is in Council packets along with other letters. Christopherson stated that the applicant gave two different zoning designations, is that okay? Eckles stated that it was okay. The Mayor asked for clarification- do areas remain as residential in PUD's even when commercial is allowed. Eckles stated that they do. Public Input - John Priester, 262 N. Hullen Place, Star, stated that there are questions about intensity of development. There are inconsistencies - he has two questions - what zone and what property? He received notice from the City that Roylance and Associates request a medium and R4 to commercial front of property. It is not specific enough. Lot 1 and 2 are at issue. He wanted to know more about this - the neighborhood meeting was helpful. Commercial lots are not platted for clarity. The final plat does not conform to this preliminary plat. Original notice pointed out that this was comp plan amendment and rezone - two different docs and two different principles. He feels that lot one and block one could handle some of these activities - not lot 2. He wants the Council to be more specific. \ 4  Nona Janvier, 280 N. Hullen, Star, wishes to oppose the commercial due to traffic safety. She showed a map. The collector road (Seneca Way) will be mixing commercial and residential traffic, parking will be a problem. It is already difficult to get out on the road. When Dudley Ranch goes in traffic will increase substantially. ITD want to put lights every mile, but that is three to five years for approval. Second, is the general welfare of the neighborhood itself. It is not pleasing to have a safe neighborhood tum into an unsafe place. If they had seen commercial there to begin with they would have left town. She is also concerned about lights, she wants control on the types of businesses and people that don't need to be there. Sydney Priester, 262 N. Hullen, Star stated that there are four reasons they moved to Star - four grandchildren. She has driven to Eagle, Meridian, and Boise and they don't have business development going into their subdivisions. If you need commercial put it on lot one. She believes the neighborhood should be given conditional use review. Elizabeth Bissell, 29 N. Hullen, Star stated that she and her husband are builders (Arbor Homes) and came here to build in a quiet country setting. They were notified in 2002 that that property is zoned residential, they never thought it would be commercial. She would like to protest and also add that she proposes a park for the two lots. Randy Bates, 26 N. Hullen, Star stated that his home looks into this area. He would like the Council to consider denial. He is concerned about what zoning this will be and the lots we are talking about. The Mayor stated that we are talking about lot 1 and lot 2 block 4 - zoning them C-2. Bates talked about petition. He knew the two lots were commercial, but areas going back into residential are usually business park. Density is being pushed into the subdivision. This doesn't seem to fit what residents in Star want. He has no problem with lot 1 being commercial, but does have problem with lot 2. Some of the alternatives scare the residents, especially for lot 2. Traffic concerns have been discussed. Other alternatives for lot 2 are possibly a pool, tot park, or picnic area. He wants extreme denial of this application. Jack Lewis, 347 N. Hullen, Star stated that he has the same concerns and he is not a 300 foot person. He finds it interesting that all ads state "affordable class". He thinks lots one and two should follow that. The trafffic issue was mentioned in the homeowners magazine complaining about speeding. Seneca Springs Road is already crowded. Roylance indicated he will have discretion over tenents, he would like to have it in writing. Not opposed to commercial on lot one. Applicant - Dave Roylance stated that one of the reasons for a rezone is a timing issue. He would also prefer not to have verbal determination but a written one. A rezone does do that. Rockbridge was mostly in place when purchased - phase one and two were there. It was made clear that the geometry of preliminary plat would stay the same. We l did notify the neighborhood and the CC&R's - Article 17 mentions that lot one and lot 5 two block 4 are reserved as commercial lots. The information was in there and they did everything up front. Seneca Springs Road was built to commercial standards (even wider) so it will accommodate commercial. It is a collector road all the way to the Flake Canal. Ada County Highway District did review this at technical review and they were aware of the two commercial uses. Regarding the site lighting, this is not thought through yet. They will do neighborhood friendly lighting. They propose buffering to the east, commercial is on the east with residential on the west. He doesn't want to force this rezone down anyone's throat, he is open for different zoning. Christopherson asked if commercial lots 1 & 2 were in the original PUD. Roylance stated that they were. The Mayor closed the public hearing. McDaniel asked if zoned mixed use would we have more commercial. There are separate processes for different zones. Christopherson stated that as it stands right now - there would be no public hearing. The Mayor stated that the application has already been through public hearing process. It would not need one now. Bell clarified the application. In 1999 none of the current Council were seated up here - it was approved as a PUD with the two commercial lots. It was given to the developer as commercial. He believes we should go with mixed use on lot 2 and C-1 on lot 1. Christopherson appreciates the comments, and completely agree with Councilman Bell and his designations. McDaniel asked when we could foresee a traffic light being put in that area? The Mayor stated that there are two possible scenarios - possibly when Dudley develops or a transportation improvement program recommendation. The Mayor stated that there is a timeframe for building the commercial. About 150 homes have to be built before the two lots in question may be built. McDaniel is in favor of the rezone C-1 on lot 1 and mixed use on lot 2. Priester asked to have the two zoning definitions be read. Eckles read definitions for C-1 and Mixed Use. Legal Counsel, Chris Yorgason stated that the language doesn't change the matrix with zoning designations. If permitted use you won't need a conditional use permit. The Mayor asked Roylance ifhe is okay with the designations. Roylance stated that he is comfortable with that. 6 Bell moved to approve the Comp Plan Map amendment for the Rockbridge Subdivision. McDaniel seconded the motion. Bell amended his motion to approve the Comp Plan Map change for lot one to commercial one (C-1) and lot two to multiple use (MU-1), McDaniel amend the second All aye; motion carried. Bell moved to rezone Rockbridge Phase 1, Block 4, lot one to C1 and block 4, lot 2 to mixed use with standard conditions of approval, Christopherson seconded the motion. All aye: motion carried. Moyle Annexation and Zone - A letter asking for deferral was received. Bell moved to defer the Moyle application to the September meeting, Erlebach seconded the motion. All aye: motion carried. Ordinance Amending Notice Requirements -The Mayor declared the public hearing open. Eckles stated that the wording is being changed to meet Idaho Code. One correction the "d" on published and "mailed notice" should be lined out. This is a zoning ordinance change. There was no public comment. The Mayor closed the public hearing. Bell moved 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 the Zoning Ordinance Amendment be considered after reading once by title only. Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Christopherson moved to approve the Zoning Ordinance amendment as amended, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. New Business: Computer Purchase - The Mayor stated that this is a computer for the City Clerk and the one she currently has will be used by the Mayor and Zoning Administrator. The new computer has more features to work with the system at the meeting room and requests approval. The total price is $1,649.00. Christopherson moved to approve the purchase of a lap top not to exceed $1,700.00, McDaniel seconded the motion. All aye: motion carried. 7 Ordinances & Resolutions: Dudley Ranch Annex & Zoning Ordinance - Bell moved 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 the Dudley Ranch Annexation and Zoning Ordinance be considered after reading once by title only. McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Bell moved to approve the Dudley Ranch Annexation & Zoning, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Hersey Annexation & Zoning Ordinance - McDaniel moved 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 the Hersey Annexation & zoning Ordinance be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Christopherson moved to approve the Hersey Annexation & Zone Ordinance, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. The Mayor stated that he would be gone until the 14th of July. Eckles will give updates on the AOI with Ada County Commissioners, we may ask for deferment. Adjournment: Bell moved to adjourn the meeting, McDaniel seconded the motion. All aye: motion carried. The meeting was adjourned at 9:15 pm. Respectfully submitted: Approved: �� Nathan Mitchell, Mayor 8