City Council Regular Meeting

Star City Council ) Meeting Minutes July 19, 2005 A regular meeting of the Star City Council was held on July 19, 2005 at the Star Fire Station. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons Tammy McDaniel, Dustin Christopherson, Tom Erlebach and Chad Bell were all present. Approval of the Agenda: Bell moved to approve the agenda, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda consisting of Regular Meeting Minutes of July 5, 2005; McDaniel seconded the motion. All aye: motion carried. Special Reports: A. Law Enforcement - Deputy Ramage - Deputy Ramage reviewed the monthly report. ) B. Public Input - There was no public comment. Old Business: Nothing was reported. Public Hearing: A. Annexation and Zoning - Monroe Property: The Mayor reviewed the procedures for public hearings and asked Council if they had any ex parte contacts or conflicts of interest regarding this property. Hearing none, the Mayor opened the public hearing. Applicant: Clint Boyle, Landmark Engineering- 104 9th Avenue, Nampa, Idaho, stated that he was the representative for the applicant. The application is for an annexation and zone change. The property is located near Floating Feather and Plummer Road, approximately 26.73 acres in size. The Comprehensive Plan designation is low density; this property is in compliance with an R-2 zoning designation. The Rockbridge Preliminary Plat, directly south of this parcel is a phased development with larger lots in the last phases. One of the last phases of the Rockbridge Subdivision will abut the southern portion of this property; lot sizes will be consistent with the Monroe property. Other surrounding properties that have been annexed are at this density also. This property is within the area of impact. It will have minimum lot sizes and believe it will be an amenity to the City with larger lots. Boyle has read and agrees with the staff reports. Staff had nothing further to add. ) 1 ) Public Input: None Applicant - No rebuttal. Public Input: Steven McDonald, 1035 W. Floating Feather, Star, Idaho asked where the access to property would be. The Mayor stated that we are not at that process yet - we do not know. The next public hearing on this property will reflect those items. McDonald asked if the zoning requirement is 14,000 sq. feet, the Mayor stated that it was. Boyle stated that they will coordinate with McDonald. Boyle showed him a conceptual drawing. The Mayor declared the public hearing closed and moved into deliberations. Christopherson stated that the application is pretty straightforward. It follows our Comprehensive Plan and sees no problems with the application. Christopherson moved to approve File #AZ-05-01, the Monroe property annexation and zoning designation to an R-2 (residential), McDaniel seconded the motion. All aye: motion carried. B. Conditional Use Permit- Senior Housing Development: The Mayor reviewed the procedures for public hearings and asked Council if they had any ex parte contacts or conflicts of interest regarding this property. Hearing none, the Mayor opened the public ) hearing. Applicant: James Gipson, James Gipson Associates, 38 N. First Street, Eagle, stated that he is the project architect and his clients are present for any questions he cannot answer. The project is to the west of Main Street. It is a senior housing project with a total of 41 apartments for senior housing. This will be a phased development depending on the demand of units. Phase 1 will be 20 units, they will construct the entire "U" shaped drive way so that the central area may be used. There is an existing single-family dwelling, which will remain and may be used as a manager house. Gipson has met with staff, the fire district, sewer and water and Ada County Highway District. He believes the project is in conformance with Comp Plan and does not see any conflict. He believes it to be located in an appropriate place, near to Senior Center. They agree with the proposed conditions and will comply with condition number four regarding future pathways to make residents safe as well as use for other residents. Gipson was willing to address any questions. Bell asked if Phase 1 would be about half of project. Gipson stated that they would build the units around the central court first, along with the entire road. Pictures were shown the Mayor and Council of the project. There will be three types of units built. The buildings are intended to be grouped in four to six units. This is not a multi-story building project. 2  Erlebach asked if the fence will be on a berm. Gipson stated that they are not intending ) to put the fence on a berm. One oversight in the staff report is that the applicant did not intend to install a vinyl fence. They would like to build a wooden fence. Christopherson stated that the site plan reflects curb, gutter and walk along Main Street and asked if it will be built now. Gipson stated that ACHD requires that it be built. Public Input - Dennis Stegenga, 290 S Star Road, Star, Idaho stated that his property abuts about 2/3 of this property. He is asking Council not to approve a conditional use permit, as he believes it does not meet Comprehensive Plan which only allows up to an R-4 zone and there are 15 units per acre on this project. Stegenga reviewed the definition of a conditional use permit, the definition of a residential unit and that a conditional use is subject to limitations. Gross density shall be determined by the number following the "R" and shall be supplied central sewer and water. Conditional uses should not be used to revise the zoning. Driveways are only good for two units. The issue is that this property is not zoned for this use. He believes that the applicant will get special privileges and buildings cross lot lines. We had buildings removed due to houses on lot lines. Based on this, he is requesting that the Council deny this application. Mr. Cluff signed up to speak but had no more questions. Sherry Link, 437 S. Main Street, Star, Idaho has concerns about the irrigation coming down the property line. What will be done to get irrigation to her and needs further down ) the road. It will be great for senior housing units. Gipson stated that they will accommodate to Ms. Link's satisfaction any irrigation issues. Regarding the appropriateness of the project and the process - this is what the City required for a project of this nature. The ordinance shows the closest definition to be a retirement home/nursing home in this zone - this is the most closely related. It is not an apartment house - it's a senior housing development. They were simply going by advice of staff. Link asked if sidewalks all along Main Street would be required by this application. The Mayor stated that it would not. The Mayor stated that we looked at this application two ways - we could do a Comp Plan change and a rezone but if we change the zoning anyone can come in and build 16 single family dwellings. A conditional use process does not prevent a grosser density by code. As long as property is posted properly we are fine. We didn't want to entitle this property to a greater impact. A conditional use is allowed. Chris Yorgason, legal counsel stated that with the conditional use permit, construction must start within a year. The applicant would need to start construction or apply for another conditional use. } 3 ) Bell asked ifthere was a conditional use permit issued for the next door property. Legal Counsel stated that is operating under conditional use. McDaniel asked how close the senior center is to the project. The Mayor stated that it is about 600 feet to the north. Erlebach asked the distance of the complex, no one knows the distance. The Mayor closed the public hearing. The deliberations were open. The Council may approve, approve with conditions or deny. McDaniel stated that she can not find any negative effect from this project. Bell asked about the applicant owning all three lots, should they be doing a lot line adjustment. Yorgason stated that there can be easement problems, a lot line adjustment would be cleaner, but the property is owned by one person, and one of the conditions is to be under common ownership - if any parcel were to be sold we would have problems. Erlebach asked if buildings overlapped lot lines, staff stated that there was. Christopherson thinks that the project meets all the conditions to qualify a conditional use permit and should be no problem at all. Christopherson moved to approve File# CU-03- ) 08 Star Village with the conditions of approval one through four, McDaniel seconded the motion. All aye: motion carried. Ordinances & Resolutions: Ordinance No 127 Parking Amendment-The Mayor reviewed the essence of the Ordinance. Erlebach asked if height is regulated. Yorgason stated that anything used on the State Highways are governed by the Idaho Code and our Nuisance Ordinance will cover anything else. 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 Ordinance No. 127 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 Ordinance No. 127 an Ordinance of the City of Star, Idaho, amending Ordinance No. 101, the Parking Ordinance, amending Section 1 Definitions; Section 7 Extended parking prohibited; addition Section 10 Restricted parking of trailers; providing for related matters; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Bell, and Erlebach - all aye: motion carried. ) 4  Resolution 2005-08 Donation Request Policy. Christopherson moved to approve Resolution 2005-08, a Resolution of the City of Star, Idaho creating a policy for public donations, providing for purpose, definition, criteria for request and review process; providing for related matters; and providing for an effective date, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. REPORTS: Christopherson attended Blue Print for Good Growth meeting. The Mayor spoke with Channel 7 News as we have officially run out of sewer permits. The Star Sewer & Water District has asked to modify their consent order, but they are well within discharge limits. They are asking DEQ and the Attorney General for 200 more connections. At the first meeting in September we will have the request for proposals for new building. Adjournment: McDaniel moved to adjourn, Christopherson seconded the motion. The meeting was adjourned at 8:00 pm. Approved: �� Nathan Mitchell, Mayor } 5