City Council Regular Meeting

Star City Council Meeting Minutes May 3, 2005 PRE-COUNCIL MEETING: ITD/COMPASS Presentation – Tricia Nielsson of COMPASS discussed access management. Sue Sullivan of ITD talked about the corridor plan, traffic volumes and the expectation that State Street will become as heavily traveled as Eagle Road. A discussion was held on Highway 16 and traffic problems currently. Funding for widening this is in the GARVEE bonding. REGULAR MEETING: Mayor Nathan Mitchell called the regular meeting to order at 7:00 pm and all stood for the Pledge of Allegiance, led by Scout Troop #85. ROLL CALL: Council persons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. APPROVAL OF AGENDA/AMENDED AGENDA: The Mayor stated there were additions to the agenda. Under Item 7 New Business: 7A - ACCEM Emergency Grant and 7B – an appeal to IDWR. Bell moved to approve the agenda as amended, Christopherson seconded the motion. All aye: motion carried. CONSENT AGENDA: Christopherson moved to approve the consent agenda, McDaniel seconded the motion. All aye: motion carried. The Consent Agenda consisted of: April 5, 2005 Regular Meeting Minutes, Claims Against the City for April 2005, Economic Development Committee Members, and an Extension Request for Pristine Meadows Subdivision. PUBLIC INPUT: No public spoke. PUBLIC HEARING: Amended PUD – Pristine Meadows Subdivision – The Mayor explained the hearing procedures to the public and opened the public hearing. The Mayor asked Council if there was any ex parte or conflicts of interest. Hearing none, the Mayor asked the applicant to speak. Oliver Cleaver, 2490 N. Locust Grove, Meridian – Cleaver is asking for a waiver of rear yard setbacks from 20’ to 15’, a modification of street yard setbacks for lots 16 and 2 from 20’ to 5’ to accommodate wider single story townhouses. The market is not supportive of the previous two- story townhouse plan. Cleaver also stated that lot 2 is being changed to a single-dwelling unit instead of a duplex unit and density has been reduced by one lot. Cathy Ward, P&Z Administrator stated that she had nothing to add to her staff report and no new letters had been received. Justin Walker, City Engineer, stated that water, sewer and storm water were all feasible services for this development. 1 Mayor Mitchell asked for public input. June Russell, 10569 Gloxinia, Star, asked where Pristine Meadow’s was located. Cleaver showed Russell the location. The Mayor declared the public hearing closed. Erlebach asked if new setbacks would affect the berm or common areas. The Mayor stated that they would not. Christopherson asked for clarification on the purpose of setbacks in our ordinances. The Mayor explained setbacks are to separate houses, create a feel for how far off the street you are, for utilities, and it affects where you can put storage sheds. McDaniel asked about the buildings going from two-story to one. The Mayor stated that they are asking for flexibility and it is market driven. With amended setbacks they are getting more building space for one story buildings. Bell moved to approve the amended PUD for Pristine Meadows Subdivision with conditions of approval one through eleven; Christopherson seconded the motion. All aye: motion carried. Fence Waiver – Steven Springs Subdivision – The Mayor opened the public hearing and asked Council if there was any ex parte contact or conflicts of interest. Erlebach informed Council that he had talked with Joe Moyle about what was going on in general in the neighborhood, nothing directly related to the fence at Steven Springs. Jennifer Long, Landmark Engineering, 104 9th Avenue, Nampa stated that she was representing DH Development. Long handed out pictures of the fence area. The original landscaping indicates a three to four foot fence or berm. The City Ordinance requires an eight foot high fence/berm or combination. Long stated that Plummer Road is a local road and not a collector so no fence or berm is required; but the developer chose to put in a fence. The Fence and berm is currently at seven to eight foot tall. If a six foot fence was to be installed it would exceed City Ordinances. The Findings of Facts and Conclusions of Law do not require a six foot fence to be installed. Bell stated that there are copies of letters, one dated October 16, 2003 from Landmark Engineering with condition number five stating that the berm will be a maximum of two feet and the fence will be six feet; another letter to Sue Hansen dated July 2, 2003 also mentions the six foot fence. The final plat approval also states there will be a six foot fence with a two foot berm. Long stated that because of the height of the berm, the current berm and fence is over the required amount. They are asking for a modification of the fence. 2 Christopherson asked for clarification of berm height and if a measurement had been done. Long stated that the berm looked to be three and a half feet measured from the ribbon curb; no actual measurement has been done. Erlebach pointed out that the fence does not comply with the council request and questioned if the contractor messed up couldn’t they be held liable. Long stated that the developer was notified of the fence being four feet high not the six and chose to continue with fence installation for the grand opening. Bell asked why the fence does not go the entire length of the property. Long stated it was left open for pond landscaping which provided for enough of a buffer. Erlebach asked where Clint Boyle was. Long stated that he was at a Boise City Council meeting. Walker stated they had been informed the fence was too short when he was inspecting for release of bonding. Chris Yorgason, City Legal Counsel stated that there is a letter dated October 5, 2004 to the City requesting modification for a four foot fence and no fencing along the pond lot. Christopherson asked Walker if he had measured the fence. Walker stated the he had measured the fence but not the berm. Bell asked what the developer’s reaction was when informed of the shorter fence being installed. Walker stated he talked to Clint Boyle and let him know and Boyle said he would resolve the issue. The bonding has never been released. Public Testimony – Dennis Stegenga, 290 S. Star Road, Star, stated that he thought berms were measured from the center of the road. Berms/fences are for lessening impact of road noise. Stegenga thought Plummer Road was a collector road. He feels that the Council should maintain the height as originally approved and not grant the waiver. The Mayor stated that at the time of the application, Plummer Road was a local road, but is now a collector. Joe Moyle, 280 N. Plummer Road, Star stated that this subdivision has done some very nice houses, but the light pollution is negatively affecting their business. Someone has removed the shields that were installed on the lights. The berm is around two and a half feet and the fence only runs along half the property. The City’s integrity is at stake by not enforcing them to install the correct fencing. The fence not only shields the subdivision from the road but area residents from the subdivision. Mike Moyle, 480 N. Plummer, Star stated that he feels the berm should be measured from the road, not the borrow pit. The developer wanted to make a deal for smaller lots in exchange for the open area, lights and fencing. The City made a commitment and should force them to put the fence along the entire property. 3 Long reiterated that the fence and berm is in compliance with the ordinance, which is not to exceed eight feet. The vinyl fence is a nice amenity for frontage; it could be chain link as allowed by the ordinances. ITD and ACHD take measurements from the edge of the road. Applicant is not here to discuss lighting. The open lot is an amenity to the City. The berm/fence meets the intension of the ordinance and is in compliance. The Mayor closed the public hearing. Bell stated he understands the developer not wanting to re-do the fence, but they willfully chose to complete it to meet a deadline. He feels the City should deny the waiver and require the fence to be installed at six feet the entire length of the property. Christopherson agreed with Bell’s comments and feels they should comply with a six foot fence and two foot berm. He recommends denying the request. McDaniel is concerned with accurate measurements and asked if they put in a six foot fence will they need to remove the berm until it is at two feet. The Mayor stated it will be measured by standards set by ordinance. Yorgason stated he was uncomfortable with the Council picking a place to measure from, it should be a set measurement from the ordinance. Bell recommends they be required to install a six foot fence, he is not concerned about the height of the berm. Erlebach stated that the main issue is to bring the fence up to six feet, not dealing with the berm. He is okay leaving the berm as it is. Erlebach moved to deny the fence waiver request and to require the developer to increase the fence to six feet; to replace the four foot fence with something comparable to the existing fence and to extend it the full length of the property with a sixty day timeframe, Christopherson seconded the motion. All aye: motion carried. The Mayor instructed Ward to draft a letter for his signature. Long asked if they could add to the existing fence. The Mayor stated it would be clarified in the letter. Conditional Use Permit & Preliminary Plat for Estrella Village – The Mayor opened the public hearing and asked Council if there was any ex parte contact or conflicts of interest. Hearing none, the applicant was asked to speak. Pat Tealey, 2501 Bogus Basin Road, Boise, representing the applicant. Tealey stated that this is an eight unit, four-plex in a mixed use zone. He stated that Plummer Road is now classified as a 4 collector and requires a 35 foot buffer. They have revised the plat to meet setbacks and have read the staff report. Christopherson asked if ponds are for storm drainage or irrigation water. Tealey stated they are for Estrella #2 and will be used for storm drainage and irrigation. The northeast pond is an irrigation pond. Christopherson asked if the preliminary plat complies with ordinance setbacks. Tealey stated that the preliminary plat does cover new setbacks. Bell asked why they were receiving revised preliminary plats tonight and asked if the Fire Department has reviewed the changes. Tealey stated that the fire hydrants are in the same locations as before. Erlebach questioned the location of the entrance. Tealey stated that the entrance is in conformance with Estrella II preliminary plat and ACHD requirements. The plat for Estrella II has been recorded. Bell noted the only open space seemed to be the drainage ponds and asked where the kids have to play. Tealey stated part of the seven percent open space is a 35 foot buffer along Plummer Road. It will be fenced to create a twenty-nine foot play area. Erlebach stated that he is also concerned about the play area for kids and asked if the entrance will allow fire trucks to enter. Tealey stated that it would. Ward pointed out that building number four has an eight foot setback instead of ten feet, and buildings two, one, ten and eight have only fifteen foot setbacks. The Mayor explained that the plan was conceptual and at the time of construction all buildings will be required to meet the setbacks. Joe Moyle, 280 N. Plummer, Star, stated that this looks like low-income housing. Traffic will dump onto his driveway, the ponds will be mosquito collectors, the power lines need to be moved, and the road needs to be widened. He asked if fire trucks can get into the development, will it be fenced and bermed the same as Steven Springs and stated that lights could be a problem. He would like down lighting considered. Moyle doesn’t want low income housing next to nice homes. Mike Moyle, 480 N. Plummer Road, Star asked how the Council can be hearing this application tonight with just receiving the new drawings. The public should have an opportunity to review the application. He is concerned with the kids play area so close to the road. Moyle asked if the entrance could be moved farther south or come through Steven Springs. The Mayor stated that the drawing is very similar to the previous one. Tealey explained they are not planning a low income housing project; it will be nice with a stucco exterior. The pond location was approved under Estrella II. Tealey asked how Council knew how many kids would live there. Plummer Road will be built to ACHD standards with 5 curb, gutter and sidewalk. They are talking with Idaho Power on re-aligning the power poles. The new drawing is in response to City Staff. The project will meet the City of Star standards. Bell stated that he takes offense to statement regarding how many kids will be there. He feels there are no amenities for kids and families. With a conditional use permit, we must find that this goes well with the surrounding area. He feels it does not and would like to have some say on design review to make sure this fits in well. He has no problem with multi-family dwellings. Tealey stated that design review of the buildings and landscape would be part of the process. They will show where amenities for the kids are and would be willing to put in some playground equipment. Christopherson asked if the intent is for these to be condominiums or apartments. Tealey stated that each unit could be owned by different people. The CC&R’s will require improvements by the homeowners. John Moody, 3363 Lake Harbor Drive, Boise stated that they will provide playground equipment and the fencing will match the Steven Springs fence to keep the same look. They will meet everything required of them. Moody stated that he takes offense at the statement that the buildings are cheaply built – this from someone with a gravel pit. It is not their intention to build low income housing units. The pond location is not where they wanted it. It was a requirement of DEQ. Bell asked Legal Counsel to explain what the options are for conditional use permits. Yorgason stated that they are spelled out in the staff report. The use requested is not a permitted use in a mixed use zone and must have a conditional approved by the Council. The Council can place additional requirements on the development that are over and above what our ordinances require. Mike Moyle asked when additional conditions could be made. The Mayor stated it was at the time of approval. Legal Counsel concurred. Bell asked the applicant if they were open to one less unit and more open space. Moody indicated that it was a tough question, but it would depend on cost. Tentatively, no at this point, that is a large area. Moody would like to stick with eight units and implement the playground areas. They will meet the setbacks. Tealey stated they have 20’ between the four-plex units and 20’ in the rear. In a couple of weeks they could provide landscaping plans and show the Council more. Erlebach feels there could be less housing and it should be more harmonious. He feels the developer is pushing the limit. Tealey stated that this is a perfect matrix – residential to multifamily to commercial offices. 6 Christopherson stated that his biggest concern is the location of the open areas, and asked if it could be redesigned with common areas centrally located. Tealey stated that it was possible, but it would put the parking along the outside. They tried to buffer the units from Plummer Road. If the 20’ setbacks between units were reduced they could have more open space. Moody pointed out that on the west side of the units there are storage units, if setbacks were reduced from 20’ to 15’ they could shift the parking area west and there would be more open space. Erlebach asked if the entrance could be shifted. The Mayor pointed out that the access was already granted on another plat which has been recorded at the County. Yorgason clarified that the City doesn’t have jurisdiction and can’t require the developer to move the road. They could ask the developer to talk with ACHD about relocating it. McDaniel stated that she feels the open space should be designed for best use and centrally located. Moody stated that it would be tough to make it centrally located when they need two parking spaces per unit. Erlebach agrees with McDaniel that open space should be centrally located. Tealey stated it is obvious we have to come back with new plans; they will try and accommodate some of the suggestions given to them. The Mayor closed the public hearing. Bell stated that he was not comfortable making a decision tonight. The public should be able to see the changes and this is the first time the Council has dealt with a multi-family development and they need to be careful and need more time to review. He is concerned with the upkeep after the four-plexes are sold. Bell moved to table this until June 7th, the first meeting of the month, McDaniel seconded the motion. Christopherson stated he believes the conditional use permit is perfect for a MU zone, however, if they could situate the common area more in the middle, it would be best. Yorgason informed the Council that if they want public input at the June 7th meeting, they need to amend the motion to include it. Bell moved to amend his motion to table and continue the public hearing to June 7th, McDaniel amended her second to add the same. All aye: motion caries. Zoning Ordinance Amendment - The Mayor opened the public hearing and asked Ward to review the amendments. Ward pointed out that the first definition will need to be added to the 7 grid in regard to permitted use, conditional use or not permitted. Yorgason stated that it was okay to adopt the ordinance tonight and bring usage grid back before the Council. Under our ordinances anything without a designation is a conditional use. The Mayor asked for public testimony, hearing none, the public hearing was closed. Christopherson stated that this looks to be cleaning up of language in the Zoning Ordinance and has no problems with changes. ORDINANCES & RESOLUTIONS: Approval of Ordinance No. 124 – Zoning Ordinance Amendment - Christopherson 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 Ordinance No. 124 be considered after reading once by title only, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. Bell moved to approve Ordinance No. 124 an Ordinance of the City of Star, Idaho, amending Ordinance O. 59, the Zoning Ordinance, amending Section 1.2 DEFINITIONS; Section 2.4 Schedule of Building Height and Lot Area Regulations; Section 11.4.8 Domestic Animals or Livestock Permitted in Residential Districts; Section 11.511. Signage; and providing for an effective date; Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell – all aye: motion carried. NEW BUSINESS: ACCEM Emergency Grant – This grant is available to the City of Star, Star Fire Department and Star Sewer and Water District. The grant is from Homeland Security. The Star Sewer & Water District would like to use the grant to secure their well sites that are being vandalized. Bell asked if law enforcement could use it. Ward stated that the Fire Department is also suggesting that the Sewer and Water District receive the money. It was the consensus of the Council that the Sewer and Water District should receive the money. The Mayor will inform ACCEM. Appeal to IDWR – The Mayor explained that the City of Eagle has filed for water rights on the Quarter Circle Ranch. He is asking for Council consent to join in the appeal process to stop Eagle from filing on these water rights. The Star Sewer and Water District are also filing a protest. Cost to file is $25.00. Christopherson moved to provide a $25 expenditure and to allow the Mayor to represent the City in an protest against the City of Eagle to transfer water rights from property owners to themselves and to speak at the hearing, McDaniel seconded the motion. Anyone can testify. All aye: motion carried. REPORTS: Ward thanked Yorgason and Walker for all the help. 8 Bell acknowledged Erlebach for working on the park. Erlebach stated that the new park has been seeded, benches and barbeques should be here by the end of the month and we were close to budget. Christopherson stated that he had an Economic Development meeting last Tuesday. McDaniel stated that Spring Clean Up went well – she supervised ten inmates. The Mayor stated that we would have a draft park impact fee ordinance at the next meeting. The West Valley Little League is looking for ball fields in Star. He may have twenty acres to lease. He attended the Sun Valley Conference sponsored by the Boise Metro Chamber – they are proposing a 5.5 million dollar marketing plan for targeted markets. The Mayor stated that the building has been torn down by Jerry Taylor. We had to hire someone to pick up the remaining garbage that was not picked up. The BFI contract is up next year for review. EXECUTIVE SESSION – Bell moved to go into Executive Session under Idaho Code Statute 67-2345(1)(a) Personnel, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. The Mayor called the regular meeting back to order. The Mayor will hire staff. ADJOURNMENT: Bell moved to adjourn the meeting, McDaniel seconded the motion. All aye: motion carried. The meeting was adjourned at 10:00 pm. Respectfully submitted, Approved: ______________________ _______________________ Cathy Ward, City Clerk Nathan Mitchell, Mayor 9