City Council Regular Meeting

Star City Council Meeting Minutes November 15, 2005 A regular meeting of the Star City Council was held on November 15, 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 Agenda: Christopherson moved to approve the revised agenda adding to 5D - Comprehensive Map Amendment, McDaniel seconded the motion. All aye: motion carried. Approval of November 1, 2005 Regular Meeting Minutes: Bell moved to approve the Regular Meeting Minutes of November 1, 2005, Erlebach seconded the motion. All aye: motion carried. Public Input: Law Enforcement Report: Deputy Ramage passed out the Sheriff’s report for the month of October. He discussed the breakdown of calls for October and asked the public to call the Sheriff’s Department if they see a turquoise vehicle which may have been involved in a robbery. Public Input: No public input was given. Streetlight Discussion – Mary Overstreet: Mayor Mitchell stated he had asked Mary Overstreet, Chairman of the City Transportation Committee, to come to the Council meeting to discuss the moving of several streetlights due to the cost of moving them. Overstreet explained that she had met with Jerrod from Alloway Electric and they had walked the location of the new streetlights and noticed some were in the wrong location. Jarrod stated that it would be no problem to move them and there was no mention of incurring an additional cost. At the time, no concrete was poured, only the wires were pulled. The lights are being moved to maintain the staggering of lights and placing them 100 feet apart. The lights to be relocated are the two on the north side of Popular and Star Road and the one on the south side of State Street between Main Street and the car wash. The Mayor stated he will talk to Alloway to resolve this issue and get back to Overstreet. Public Hearings: The Mayor reviewed the procedures for public hearings. 1 Rezone – Lawrenz Property – The Mayor opened the public hearing and asked the Council if they had any conflicts of interest or exparte contact, hearing none the Mayor asked the applicant to speak. Applicant – John Wyman with Quality Construction, LLC. stated they are asking for a rezone from R-3 to R-4. They are asking for the rezone for more flexibility in design and looking for more density. The rezone will add two to three more lot sites and increase the common area. They plan to have the entry to this property come from Havencrest Drive. Staff had no additional comments. Mayor Mitchell asked for public input. Bud Storkan, 22491 Can Ada Road, Star stated he feels there is enough density already. The property should stay R-3 as the density around it is three houses to the acre. The applicant was asked if he would like to rebut the testimony. Mr. Wyman stated not everyone has to adhere to R-3 density. The comprehensive plan would allow R-4 density on this property. Mayor Mitchell declared the public hearing closed and moved to deliberation. Christopherson stated he feels a rezone to R-4 should be allowed as the Comprehensive Plan allows for it. Bell stated he feels the zoning should stay at R-3 as the surrounding area to the north, south, and east are all zoned R-3; also, because the Zoning Ordinance has no minimum lot size the applicant could create desired smaller lots with more open space without rezoning. Erlebach stated he feels we should go with larger lots and is opposed to rezoning. McDaniel asked for clarification on the amount of additional lots that could be created. The Mayor stated the rezone would allow for one more lot per acre. The decision before the Council is to look at the density not lot sizes; in other words whether to allow three lots or four lots per acre. Christopherson moved to approve File #RZ-05-03, Lawrenz Property Rezone, from R-3 to R-4, McDaniel seconded the motion. McDaniel and Christopherson – aye; Erlebach and Bell – nay. The Mayor asked the City Clerk for a roll call vote. Rollcall: McDaniel and Christopherson – aye; Erlebach and Bell – nay. Mayor Mitchell voted nay to break the tie: motion denied. The Mayor stated he voted no because the property was rezoned six months ago and feels the R-3 zoning is appropriate and sees nothing to justify the rezone change. Bell moved to deny File #RZ-05-03, Lawrenz Property Rezone, and the zoning stay at R- 3, Erlebach seconded the motion. Erlebach and Bell – aye; McDaniel and Christopherson 2 – nay. Mayor Mitchell voted aye to break the tie: motion carried. Legal Counsel stated the reason for the denial should be sent to the applicant. Rezone/Comp Map Amendment – Taylor/Hicks Property – The Mayor opened the public hearing and asked the Council for any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant to speak. Mary Taylor, property owner, stated the property is located at Star Automotive and has been zoned commercial for thirty-five years. Sometime between 2001 and 2002 it was rezoned to Limited Office (L-O) without their knowledge. She is asking the property be rezoned back to Commercial (C-2) and for the Council to consider refunding the application fees. The Mayor stated that no Council action had changed the zoning. The uses on the property are currently C-2 uses. It appears a map overlay changed the zoning. Staff had nothing to add to the report. Mayor Mitchell asked for public input. No testimony from the public was given. Mayor Mitchell declared the public hearing closed and moved to deliberation. Bell stated he doesn’t feel the applicant should be charged a fee as no Council action changed the zoning. Bell moved to approve File #CPA-RZ-05-04, Taylor/Hicks Comprehensive Plan Map Amendment and Rezone, rezoning the property to C-2 and refund the application fee, Christopher seconded the motion. All aye: motion carried. Preliminary Plat – Orion Park Subdivision - The Mayor opened the public hearing and asked the Council for any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant to speak. Applicant - Laren Bailey, 3130 S. Owyhee Street, Boise, with WH Pacific gave an overview of the proposed preliminary plat and stated it meets the R-3 zoning designation. Some of the amenities to the subdivision include a community center and possibly a pool on 1 ½ acres; a community pathway; possibly a horse trail along New Hope Road; and a 25 foot landscaped easement along Munger and Can Ada Roads. After meeting with ACHD he informed the Council they have no problem with parking along Munger and Can Ada Roads and the developer will be required to widen the roads. They did meet with the homeowners and moved the entry off Rice Road a couple hundred feet south; they are willing to put a horse trail along New Hope Road; and are looking at options for entries to homes off New Hope Road (two homes sharing one entry or using back alley entries). Sandy Sanderson stated that at their meeting with ACHD it was agreed that Munger and Can Ada Roads should be considered collectors and they will need to add ten feet of pavment to them. Parking along these two roads will create a traffic calming device. The park area will include a rec center, a pool, a barbeque area (3,000 feet of covered area) with the balance of the area landscaped. All the streets are double roads with trees down 3 the middle and each lot will have trees, which will create a canopy effect. The common area to the south end will have a pond and be landscaped toward wildlife; there will be no hardscape. The open waterways will be landscaped with an eight foot path along the bottom one for walking and biking. They will be using indirect lighting in front of every house and a three rail fence will be installed along New Hope, Munger and Can Ada Roads. They are looking at a benefit package to the Community to possibly create a ball park in a centralized location on State Street. Christopherson asked if there will also be parallel parking along New Hope Road. Sanderson stated it depended on what ACHD required. Erlebach questioned how you could have a rural atmosphere if there is parking along the roadway. Sanderson stated parking on the street slows traffic and by having no berm and an open fence it would create a community atmosphere. Christopherson questioned the possibility of taking some lots at the top of the project and creating a park. To him a community atmosphere means you can work, live, and play in the same area; he does not see any commercial area. Sanderson replied that he felt the commercial should be focused in downtown Star, it is not far away and the ball park should be more centralized for the town. Erlebach questioned the elimination of the roundabout at the bottom of the plan. Sanderson stated they eliminated it because ACHD felt it was confusing. There were no additional comments from Staff. The City Engineer stated that they had provided more information for the two items he requested in regards to drainage and a more detailed landscape plan. Bruce Mills from ACHD stated they had met with Mr. Sanderson and are still writing up the staff report. It will then go to tech review and then to the Commissioners for a public hearing on November 30th. He reiterated that Munger Road is designated as a collector but both New Hope and Can Ada Roads are considered local roads. It is recommended that Can Ada become a collector road. The developer would be required to improve the roads his project butts up against. ACHD is asking the Council to delay making a decision on this application in case there should be substantial changes required by the Commissioners. Mayor Mitchell asked for public input. Ann Schram, 3353 N. Munger Road, Star, is concerned with the loss of rural atmosphere, overcrowding of schools, and concerns for infrastructure. Eric Battey, 2420 N. Munger Road, Star, recommended postponement of application based on the letter from ACHD and staff recommendation. He felt the property was not posted correctly and has concerns with City’s sewer capacity. 4 Kristin Battey, 2420 N. Munger Road, Star, feels the City’s Comp Plan and Zoning Ordinance is out of date and should be updated and revised before looking at any new development. She is concerned with the loss of access to Rice Road through this project and the increase in traffic along Munger and Can Ada Roads. She does not feel it is fair to allow parking along the roads to this new development when none is allowed along streets bordering older homeowners. (Example was along Star Road.) She did appreciate Mr. Sanderson moving the entry on Rice Road further south so headlights would not shine in her front windows. Bruce Weaver, 2620 N. Munger Road, Star, stated as the proposed horse trail would be going through his hay field he didn’t see it happening. He is opposed to parking along the street, would like to see more outlets from the subdivision and would like to see less density. Nancy Bent, 6306 Foothill Road, Star, feels this development is too congested and is not smart growth. She is concerned with the open fence and children and pets running through onto the busy roads. She stated she agrees with the other citizens concerns. Chris Bent, 6306 Foothill Road, Star, asked how wide the lots would be and what were the setbacks. Mr. Sanderson stated roughly 75 feet wide. Mayor Mitchell clarified that in the Zoning Ordinance there were no minimum lot widths and in the R-3 zoning side setbacks are 5 feet with an additional 5 feet for second story. Mr. Bent stated he feels they are congested and too close. Donna Carone, 10489 W. First Avenue, Star, had comments regarding previous public hearing. Jean McKenzie, 23721 Can Ada Road, Star, stated she felt Can Ada should be considered a collector road as traffic from subdivisions to the north use it. Andy Betea, 6630 Schmidt Road, Star, expressed concerns regarding school enrollment, sewer capacity, traffic, and the proposed parking on the roadways. He feels approval should be contingent on developer committing money to their community package. Steve Love, 45 N. Trodder Lane, feels the density is too high, and the street parking and horse trail are bad ideas. He agrees with the other citizens comments. Jill Hettinger, 6177 Somerset, Star, stated she felt putting the equestrian trail along New Hope Road was not a good idea; possibly it could be put along the canal. She would like to see the City continue the trail with future development. Mayor Mitchell asked the applicant if he would like to rebut the testimony. Laren Bailey pointed out that the density is at 2.97 houses to the acre and fits an R-3 zone. The back alleys were addressed in ACHD’s report and ACHD is still reviewing the project. Mr. Sanderson pointed out that under the comp plan only 5% of open space is required and their project proposes 12%. Connections to the sewer will be done in phases; the citizens are looking at it like they will all be done at once. They did post more public 5 hearing signs then they were required to. In regards to parking, studies show there are fewer accidents with street parking, it is natural traffic calming. He pointed out that cities plan for urban growth and the county plans for rural growth. He is following the rules of the comp plan. Density pay’s for services. If the City does not want an equestrian trail it won’t happen. The trail is not being located along the canal because it would be dangerous for kids. The school district will only build new schools when the current ones are overflowing. They are looking at designating $2,000.00 per house toward a community project. This project has enough room to accommodate parking bays and they are willing to make adjustments for whatever ACHD will require. They are asking for approval with conditions of meeting ACHD conditions. Bell questioned whether there will still be a 25 foot buffer and would the same fencing be put along Munger and Can Ada Roads. Mr. Sanderson replied the 25 foot buffer would depend on how much space ACHD wanted and yes, the same white rail fence would go along both roads. The Mayor reminded the Council they have the authority to pass or table this application; taking into consideration ACHD’s letter. Christopherson questioned to what degree ACHD may change the plat and if changes are significant would it need to come back before the Council if the final plat is approved tonight. Mr. Sanderson stated he didn’t see it coming back as they have a lot of extra space to work with to make any changes ACHD might require. Erlebach asked how wide the alleys will be. Mr. Sanderson stated they will be 12 – 14 feet wide and the driveways should be 15 – 20 feet long. No parking in the alley ways will be allowed. They would be willing to pay extra for extra police patrol to ticket for any overnight parking. The Mayor declared the public hearing closed and moved to deliberation. Christopherson stated he understands all the concerns the citizens have brought up and feels Mr. Sanderson has done a good job of addressing them. He appreciates the developer designating $2,000 per house to a community project for the City. He feels this is a good project and has met all the conditions the City has required. Bell stated he has mixed feeling toward the development. It is well planned and meets the standards for R-3 density but he is concerned with transportation and traffic issues. He would like the application tabled until after ACHD’s public hearing and the City receives their staff report. Erlebach stated he also understands citizens concerns and personally would like a park, the inclusion of berms, and no parking along Munger and Can Ada Roads. He recommends the application be tabled until they receive ACHD’s comments. McDaniel stated she would like to see the application tabled to the December 20th meeting per ACHD and staff recommendation. 6 Erlebach moved to table File #PP-05-05 Preliminary Plat for Orion Park Subdivision and continue the public hearing until the December 20th Council Meeting, McDaniel seconded the motion. Christopherson stated he didn’t feel the application needed to be tabled; they could approve with conditions. Bell stated he felt it should be tabled as he would like to see the public process work and see ACHD’s comments as well as the final product before approving. Bell, Erlebach and McDaniel – aye, Christopherson – nay: motion carried. The Mayor called a five minute break and called the meeting back to order at 9:50. Annexation/Zoning and Comprehensive Map Amendment – Property at 11739 Highway 44 and Preliminary Plat – Pinewood Lakes East – Mayor Mitchell opened the public hearing and asked the Council for any conflicts of interest or exparte contact, hearing none, the Mayor asked the applicant if they would mind if the public hearing included both the annexation and zoning and the preliminary plat, as they both pertained to the same piece of property. Mrs. Johnson said she was okay with combining them. Sandra Johnson, 11650 New Hope Road, Star, stated she is the project manager for Pinewood Lakes East Subdivision. This project will be developed in the same manner and with the same focus as Pinewood Lakes. This piece of property consists of 31.6 acres with 72 single family dwellings going on 23.13 acres and 10 commercial lots on 8.47 acres. They are asking for R-4 zoning for the residential and C-1 zoning for the commercial acres. Per ITD recommendation they will have an agreement with the property next to them for back road access to commercial lots. They have put deep lots adjacent to the neighboring property to allow for a landscaping buffer and they will be fenced. The 1 ½ acre park will have a playground; it will not be a drainage area. They will continue the walking path to Highway 44 and it will be landscaped. They are requesting a Comprehensive Plan Map change to commercial and medium density. In regards to the preliminary plat they have no problem meeting the ten conditions recommended by staff and the CC & R’s for this development will be added to Pinewood Lake Subdivision. Irrigation water will be from the Lawrence Kennedy and this project will use the same pressurized irrigation system as Pinewood Lakes. As this project is in the 100 year flood, they will fill the property and provide a letter of map revision to the City. Mayor Mitchell asked Mrs. Johnson if they want to use the old R-4 setbacks or the current ones. Johnson said the current ones are fine and they could state on the final plat “to comply with applicable current setbacks”. Christopherson questioned the zoning designation for the commercial property. Applicant is referring to C-1 and staff report refers to C-2. After asking for clarification on the difference, Mrs. Johnson stated they were comfortable with C-2. Christopherson asked for clarification on where the access to this property will be. Johnson stated the entrance will be through Pinewood Lakes. Johnson stated they had addressed the engineers concerns in regards to the flood plan and buffer between the residential and commercial areas. Mr. Ingles was required to put in a 7 10 foot buffer area and they will provide a 6 foot fence and additional landscaping as well as sidewalks along the commercial. They will also provide fencing along the back of the homes. No comments from staff . Mayor Mitchell asked for public input. Rick Ingles, 7704 48th St. East, Fife, Washington, stated he felt the developer has done a good job with this development. He was concerned with the residential going in behind his commercial development and appreciates the fence and additional landscaping going in. He did wish to clarify that he did not want a connector road to go through to his property from this development. Ingles stated that he understood they would provide access to the property to the west if ITD did not allow access directly onto State Street, but the road would not go through to Pinewood Lake Subdivision. They are a low impact business and do not wish any vehicular traffic. They would have no problem with the foot traffic generated from them extending the walking path east behind them. He would lend his support to this development. The Mayor declared the public hearing closed and moved to deliberation. Christopherson moved to approve File #CPA/AZ-05-03 the Annexation of the property at 11739 Highway 44, McDaniel seconded the motion. All aye: motion carried. McDaniel moved to amend the Comprehensive Plan Map to commercial and residential medium density for the property located at 11739 Highway 44, Christopherson seconded the motion. All aye: motion carried. Christopherson moved to approve the zoning designation at 11739 Highway 44 to Residential R-4 and Commercial C-2, Erlebach seconded the motion. All Aye: motion carried. Bell moved to approve File PP-05-04 Preliminary Plat for Pinewood Lakes East with the ten recommended conditions of approval, McDaniel seconded the motion. All Aye: motion carried. New Business: Final Plat - Lakeshore Subdivision Phase 3 - Mayor Mitchell asked the applicant to speak. Wendy Kirkpatrick, Landmark Engineering, 104 9th Avenue South, Nampa, reviewed the final plat application for Lakeshore Subdivision. It consists of 24.79 acres and will have 58 residential lots and nine common lots. It is in compliance with the Preliminary Plat and they agree with all the conditions set by staff. They are working with the City Engineer to meet his conditions. No comments from staff. 8 Erlebach asked if this is the same subdivision the City has been having problems with in regards to their landscaping. The Mayor explained that it is and that condition #13 addresses this problem, as well as the Zoning Ordinance. Bell moved to approve File #FP-05-12 Lakeshore Subdivision Final Plat, Phase III with the thirteen (13) conditions of approval, Christopherson seconded the motion. All aye: motion carried. Meadowbrook Subdivision CC&R’s – Legal Counsel, Chris Yorgason, reviewed the proposed amendment to Meadowbrook Subdivision CC&R’s. They are asking for an amendment to the type of fencing allowed within this subdivision and would like to have removed from the CC&R’s the requirement that City Council approval is required for all CC&R amendments. Cities do not usually retain jurisdiction over subdivision CC&R’s. Erlebach moved to approve the amendments to the Meadowbrook Subdivision CC&R’s, Bell seconded the motion. All aye: motion carried. Star City Hall – Architect Questionnaire – Mayor Mitchell informed the Council he is scheduling a pre-council meeting on December 6th with JJDS Architects. The pre-council meeting with COMPASS will be rescheduled to December 20th. He explained that the Council has a questionnaire from JJDS Architects they will need to review by the sixth. Legal Counsel, Chris Yorgason, informed the Council that he had met with Tad Jones from JJDS Architect and they went through the contract. The recommended changes have been made and the contract should be ready for approval for the December 6th Council meeting. He informed the Council that the architects would prefer that all contractors contract directly with the City. When an invoice is presented to the City for payment it would be routed through the architects for approval before payment. Reviewing of the bills would be billed to the City at their regular rate. The Mayor stated he is under the impression that civil engineering services for the new City Hall would be done through Keller Associates. Justin Walker indicated they were okay with this and expressed concerns with individual consultants contracting with the City. Ordinance Discussion/Decision – The Mayor explained that the proposal from Michael Lauer, who worked with the Blue Print for Good Growth, is to rewrite, update and consolidate our ordinances so they all work together. The proposed unified development code would give the City more flexibility in design and have standards in place as well as have a funding mechanism in place for impact fees or local taxing. The costs for his services are $78,000. Bell expressed concern about how it could be implemented. The Mayor stated it would require the City to be willing to move to the next level and having a full time planning and zoning department. 9 Ordinances & Resolutions: Ordinance No. 137 Sexually Oriented Businesses – The Mayor explained this ordinance is before the Council at the request of the Sheriff’s Department for better implementation. Legal Counsel, Chris Yorgason, explained that by law a City must allow access for these types of businesses, but the Cities can set guidelines. Currently our Zoning Ordinance allows these uses in the light industrial areas with a conditional use. The distances set on page 4, section 3 is similar to Boise and Meridian. This ordinance will need to go through a public hearing because it affects property setbacks. The Mayor instructed the City Clerk to set Ordinance No. 137 for a public hearing as soon a possible. Reports: Staff – Nothing to report. Council - McDaniel – Nothing to report. - Christopherson - The Economic Development Committee Meeting has been rescheduled for next Tuesday. - Erlebach – Nothing to report. - Bell – He will be attending the Valley Regional Transit Board Meeting tomorrow. Mayor Mayor Mitchell informed the Council that the AOI meeting has been tabled until December 28, 2005 due to a timing issue. He is planning to schedule a goal planning workshop for the Council sometime in mid January. It will be a facilitated two day discussion regarding putting their visions, mission and goals for the City in writing. Adjournment: Erlebach moved to adjourn the meeting, Bell seconded the motion. All aye: motion carried. Meeting adjourned at 11:05 pm. Respectfully submitted: Approved: _______________________ ___________________________ Kathleen Hutton Nathan Mitchell, Mayor 10