City Council Regular Meeting

Star City Council Meeting Minutes January 3, 2006 Pre-Council: Transportation Discussion - COMPASS Patricia Nilsson of COMPASS - Discussion was held on the Highway 44 Transportation Corridor. A large topographical map was put before the City Council for review. Nilsson has talked with everyone regarding Highway 44. A SH 44 Corridor Preservation Project Stakeholder Interview sheet was passed out to the Council. Everyone believes that Star will be a bottleneck in the future and should have a bypass. At the year 2030 Highway 44 will be over capacity. We are looking at access management. COMPASS wants to develop parallel options - maybe per mile access. The road would be 200 feet wide to go to two lanes with a divider. It is estimated that Star Road to Main in 2005 will be at 10,000 trips per day. Nilsson would like to have a meeting with the Council regarding Communities in Motion. Regular Meeting: 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 agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of Approval of the December 20, 2005 Regular Meeting Minutes and Claims Against the City for December 2005. Christopherson moved to approve the Consent Agenda, Erlebach seconded the motion. All aye: motion carried. Swearing in of New Council Members: Oath of Office - The Mayor swore in Tammy McDaniel and Dustin Christopherson as Council members. Election of Council President - Christopherson nominated Chad Bell as Council President, Erlebach seconded the motion. Christopherson moved to close nominations, Erlebach seconded the motion. All aye: motion carried. McDaniel moved to approve Chad Bell as Council President, Christopherson seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - motion carried. Public Input: No public spoke. Public Hearings: 1  Preliminary Plat - Sanderson Development - The Mayor stated that this would be treated ) as a brand new public hearing but all input from previous public hearings would be included in this application. The Mayor declared the public hearing open and asked the Council if they had any conflicts of interest or ex parte contact. Hearing none the Mayor asked the applicant to speak. Sandy Sanderson, applicant for Orion project stated that Laren Bailey of W&H Pacific would be speaking first, then AJ Bohner, Sanderson's Attorney would speak and then if anyone had questions Sanderson would try and answer them. Laren Bailey, W&H Pacific, 3130 S. Owyhee, Boise, Idaho - discussed the traffic issues with ACHD and what had changed since the previous plat. Bailey has had the public hearing with ACHD and they approved the plat. Originally parking was to be on Munger and Can-Ada Roads, those roads are now collector roads and no parking will be allowed on them. Orion Park will have a small frontage road which will be a private access. This will provide for one lane of parallel parking and one through drive lane which will run in front of homes along Munger and Can-Ada Roads. Residential parking will be in the rear of the houses which will have three car garages. Parking will accommodate nine vehicles (three in the garage, three in the driveway and three on the street in front of the house). Private easements are subject to City approval not ACHD. The buffer will be 20 feet and will include a sidewalk. ) Mr. AJ Bohner, 6061 Tonkin, Boise, reviewed the history of this application - in late October this property was annexed and rezoned to R-3. Another hearing was tabled for improper notices and another for ACHD to comment on road information. Where we stand tonight, we are looking at an application that meets the City annexation and zoning ordinances and resolutions and the applicant has the right to have the subdivision in the City of Star. There are a number of good people here that are opposed to development. Their concerns need to be taken up at the Comprehensive Plan review stage. The property was zoned R3 and does meet the Comprehensive Plan and ordinances. This application should be approved. Sandy Sanderson explained the private easements that makeup the frontage road. The purpose is that we want houses to face outward and have them feel like they live in Star not just in a development. It has already been done in Boise and they will have a meandering row of trees. The private easements along with the alleys will be maintained by the homeowners association. Fire protection can use the two frontage roads on Munger and Can-Ada. The front road is for guest parking access only. The only change to this plat is the private easements for supplement parking. Christopherson asked how far the easements are from Munger Road. Sanderson stated that are twenty feet and the easements are eighteen feet wide. 2  Erlebach asked if it went from Munger Road to landscaping and then another road. Sanderson stated that it did. Owners can park up front. Overnight parking is discouraged. Mayor Mitchell stated that he believes that the City ordinances don't allow the alleys to dump out on public right of ways. Sanderson stated that they are not alleys but easements. Erlebach asked who would be responsible for snow removal. Sanderson stated that the homeowners association would be. The Mayor asked City Legal Counsel, Chris Yorgason ifwe considered theses private roads. Yorgason stated that if it is defined as an easement they are not private roads. Enforcement rights are the homeowner's association responsibility. The City can enforce the requirements that it be an easement. They can restrict access to land owners or open to public. Bohner clarified that these are easements. We can look at restrictive covenants for ingress and egress, but the homeowner's association will be responsible for maintenance. Eric Battey, 2428 N. Munger Road, Star, Idaho thanked the Council for postponing and requiring the property to be posted correctly. This application has passed annexation and zoning and the design process. Battey asked if the frontage road would not be used for ) emergency access - he has concerns for the homeowners. He questioned the sale logic - in why would I want (my house) to face Munger Road? Battey is questioning sale and resale and believes it should be fenced. Kristin Battey, 2428 N. Munger Road, Star, Idaho asked about the buffer zone. Battey stated that Mr. Bohner stated that this plat conforms with our ordinance - the City of Star ordinance requires a buffer zone - the road is 18 feet plus a buffer of 20 feet for a total of 38 feet - is that the buffer zone? If the road is an easement is it private or is that a buffer or private property? Battey wanted a buffer with major landscaping so that she is not part of the subdivision. Battey stated that Sanderson is now discouraging overnight parking - he previously stated that it was not allowed. Ann Marie Shram, 3353 N. Munger, Star, Idaho - Sanderson offered a ballpark, an amphitheater and an amount of money per each home. She requests Sanderson to exceed the requirements for landscaping. Tom Foster, 23853 Can-Ada Road, Star, Idaho would like to see something different like ranchettes something like the surrounding properties. One of the previous properties wanted to rezone and Council turned it down. People like room, we don't have to overload roads, the water system or the schools. We don't like solid house tops, we need to keep high density down toward Star. Would like to keep it unique and traditional - Star, Idaho not Star, California. Would like to have the people closer to the development have more say than the people outside. 3  Brenda Weaver, 2620 N. Munger, Star, Idaho lives across the street from the development - most of concerns have been addressed. She is concerned about the access road with regard to the parking of boats and RV's on these roads. She questions the buffer zone - where's the transition? She would like to see a large berm with plants and trees, pathways, streams etc. Homeowners association are great, but can't make people do anything. Del Drake, 12250 W. New Hope Road, Star, Idaho his only concern is that there was only one access on to New Hope and now he understands there will be several. Richard Tinsley, 10459 W. Achiella, Star, Idaho is concerned with frontage road. As a HOA President he knows that if someone doesn't have control it will end up being an eye-sore. The HOA enforcement is great, but the CC&R's don't have a hell of a lot of teeth. Dennis Stegenga, 290 S. Star Road, Star, Idaho, stated that alleyways and private roads in our ordinance is very clear, they belong to the homeowners. Private road cannot connect to two public roads which they all do. He believes that there is a width to these private roads. He would encourage the Council to look at the ordinances and make sure they are conforming. Terry Shreiner, 12490 W. New Hope Road, Star, Idaho asked what happened to the alley ) way through New Hope Road, he has an objection that these roads will go into his property. Now there is one access per every two houses. Gary Oper, 3130 N. Can Ada Road, Star, Idaho he believes that the frontage roads will turn into eye sores, he doesn't think that HOA have any teeth to take care of problems. He suggested that everyone think about driving up Eagle Road - they have hidden the houses. He believes the houses here will still be part of Star, and would have far fewer objections if there was a berm. Applicant - Sandy Sanderson stated that there were a lot of concerns, about the way this will look off Munger and Can-Ada Roads. The CC&R's will be very tight- no overnight parking will be allowed on these easements. Regarding the parking if it is a problem, they will first talk to the people, then to the attorney and lastly we will have tow truck remove it. Regarding the buffer - the collector road is a 25' buffer - landscaping. They don't want mounding - it doesn't lend to living in the City of Star. Council can suggest a buffer. There will be currently a buffer of20' oflandscape and hardscape will be 18' of colored asphalt or concrete with no overnight parking for our private easements or any of our public roads. Sanderson wants the City to adopt an ordinance stating that there will be no overnight parking. Sanderson stated that they will pay for additional police enforcement on this issue. Applicant is allowed to go to four units per acre - but opted to go to three. They are living by rules of the Comprehensive Plan. Regarding the New Hope Road - we showed an alley then had a meeting with ACHD staff and they preferred the split access and didn't want the alley. The width of the alleys will be fourteen feet- 4  18 feet cross easements. Fourteen feet doesn't allow a speedway, kids play in the alleys ) and it is a traffic-calming device. They would go along with ACHD if it was going to be wider, but this is not intended to make this a speedway. Sanderson lived on one like it - no speeding, you find that you do have neighbors, get a sense of neighborhood. McDaniel asked what would happen if they went back and drew this to have houses facing the opposite way. Sanderson stated that we want these people to think they live in Star not in a project - it doesn't promote a sense of community. There is a parking rule on collectors, ACHD does not want parking on these roads. Sense of community by living on the road - it opens up the project. He wants to see the houses in�tead of a project. Trying to promote a sense of community. These homeowners are not going to pay a higher HOA fee, everyone will pay the same. The $2,000 per house will go for a ballpark for the community that is centralized and would apply the rest of the money toward an amphitheater. This subdivision is highly motivated for socialization. Bell stated that nothing has changed with the park areas, the only changes are the roads. If you don't like the buffer and would like the mound buffer you can put in your conditions. Sanderson stated that they do have adequate room to do a buffer. Christopherson asked if anyone has a copy of the original conditions. ) The Mayor closed the public hearing and opened council deliberation. Bell asked if we have a definition of private road or easement. Yorgason stated that the way it's approved does not change anything- the application is for an easement - presented as an easement - not open to entire public, but it is only open to certain people. The way people talk about it doesn't change the fact that it is an easement and not a right- of-way. McDaniel asked if police would have jurisdiction. Yorgason stated that they would just like any other property in Star. However, enforcement of an easement is civil not criminal. The Homeowners Association would call a tow truck and have vehicles towed. Erlebach stated that we are putting a lot of importance in the CC&R's - can we require any changes in the CC&Rs come back to the Council before changes are made. Yorgason stated that we could, we have done it before. Bell stated that our buffer requirement is a minimum three feet and a maximum of eight feet in height in the Zoning Ordinance. Yorgason stated that it needs to be enforceable in the agreement with applicant. Bell does not feel we need to require more than our ordinances require. The berm is a personal feeling. We have a lot of subdivisions that we haven't required more of. A lot �� of people would like to see berms. He is not willing to make Sanderson build more than 5  we require -doesn't see anything out of compliance with our ordinances. Bell believes it complies and we need to approve it. Christopherson heard the testimony and most of it is personal preference - concerns with alleyways and junk piled up are under the Homeowners Association controls. He believes there can be more control. He believes this is a good application. The applicant has done what ACHD has required them to do. Christopherson asked if the $2000 can be added to the conditions. Bell stated that we need to add the $2,000 per house requirement. We also need to have the Council along with the attorney review the CC&R's before final plat approval. Bell stated that he would like to think that everybody would at least be satisfied and have the developer and smTounding property owners continue to communicate. It is non- conventional - it might be disturbing - hopes it will be a good thing and has seen some that are very nice and hopes it will work well - not everyone will be happy. He thinks that the development team has done their job to meet all requirements. Bell moved to approve the Orion Park Subdivision Preliminary Plat with 12 conditions. The ten conditions in the staff reports, the 11th condition is that the developer will enter into an agreement with City to donate $2,000 per lot for recreation; and number 12 is that no overnight parking will be allowed on the streets in the Orion Park Subdivision and number 9 will be amended to include the Council reviewing the CC&R's, Christopherson ) seconded the motion. All aye: motion carried. Comprehensive Map Amendment & Rezone - Star City Development - Ashley Ford, of WRG Design, 453 Fitness Place, Eagle, Idaho stated that she is the representative for Star City Development LLC. They are asking for a Comprehensive Map Amendment and a rezone of 2.8 acres located east of City Hall to Cosmo Street. Her client has done market research and believes neighborhood commercial is the best fit for this property. They have no problem with a development agreement on this property; they want to work with Council and neighbors. This property would be conducive to a retail strip, they are thinking of a potential office or restaurant. They have worked with Idaho Transportation District and there don't appear to be any red flags. With the current speed limit there is no problem with access. We did get a letter from ACHD regarding access, but permission for access will come from ITO. Ford's client grew up in Star and wants to do many more developments here. Christopherson asked if this was a rezone request of all three prope1iies. Ford stated that it was. Richard Tinsley, 10459 Achillea Street, Star, Idaho stated that the neighbors are concerned about noise and lighting, they do not want large overhead lights. Dawn Moyer, 145 S. Delphinium Avenue stated that she lives right behind the project and anything will be an improvement. She is concerned about what could be put on the 6  property by changing from a Limited Office to a C-1 zone. Some of her concerns are what the changes are as Section 2.1 permit fuel stations and convenience stores. They have talked with the representative and some of what they want to build is permitted within the limited office zone. The developer is not in Idaho, they are in San Diego, California. The investors want the change from limited office to C-1 to make the property more valuable. Moyer stated that the zoning request doesn't match up to what we are looking at. Moyer stated that she would be interested in why this was encouraged by city staff. Ford stated that the reason for the C-1 regarding shopping center is that it is not allowed in a limited office zone - that was the main reason. Ford stated that they understand noise and light requirements. They have no intent of putting in an auto repair store or convenience store and are willing to draft up a development agreement for this. The reason we haven't come up with plan yet is because we wanted to do the Comprehensive Map Amendment and rezone and to work through the design review process. We will put together a development agreement. Christopherson asked if the development agreement would require a public hearing. Yorgason stated that it would. Yorgason explained that the development agreement was a condition of the rezone. We can approve the rezone, table with it with a development agreement and rezone and bring back or deny the application. ) Bell moved to table file CPA-RZ-06-02 Star City Development to the February 8, 2006 meeting, Erlebach seconded the motion. All ay_ :emotion carried. New Business: Reconsideration of Hersey Property Rezone-John Wyman 6151 stated that he was there to clarify the layout of this subdivision. He brought larger maps of the preliminary plat layout. Wyman stated that the current plat is 17 lots and is under the R-3 zoning designation. They have talked with the owners of the Havencrest Subdivision and want to have this subdivision ingress and egress into the Havencrest Subdivision, but it is very costly. They have also talked with ACHD and that is there preference for the access also. The two extra lots they are requesting will make that road an appropriate expense, without them it would be cost prohibitive. The end project would be 19 lots on 5.7 acres and they are willing to enter into a development agreement if required. Bell asked if the Council stays with R-3 are you saying that you can't afford the road access? Wyman stated that was true. We need to reschedule this for public hearing if a decision is made to reconsider the R3 zoning requirement. 7  Erlebach asked that if we approve or not, will the subdivision the existing house access out to Havencrest Subdivision? Wyman stated that it the request is approved the house will access off of Havencrest Subdivision. Bell moved to reconsider the rezone application, Erlebach seconded the motion. All aye: motion carried. Buildin�ector Contract Review - The Council reviewed the Contract. Ordinances & Resolutions: Resolution 2006-01 - Building Inspector's Contract- It was moved by Christopherson and seconded by Erlebach to approve Resolution 2006-01 The Building Inspector's Contract. A Resolution of the City Council of the City of Star, Ada County, Idaho, approving a contract for plan review and building inspection services between the City of Star and Whitman & Associates, Inc.; and providing an effective date. A change to the contract was made regarding changing the beginning date of the contract from October 1, 2005 to January 1, 2006. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Resolution 2006-02 National Incident Management System (NIMS) - Bell moved to approve Resolution 2006-02 a Resolution of the City Council of the City of Star, Ada County, Idaho, adopting the National Incident Management System as the City of Star's ) standard for incident management and response; and providing for an effective date, McDaniel seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Resolution 2006-03 Contractor Registration Verification - McDaniel moved to approve Resolution No. 2006-03, a Resolution of the City Council of the City of Star, Ada County, Idaho, adopting a Contractor Registration verification form; providing for exemptions; and providing an effective date, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Reports: Staff - Yorgason stated that he is reviewing a park impact fee ordinance and the agreement to put the $2000 in place. Council-Bell stated that the playground equipment will be here Thursday. He will be meeting this week with Valley Ride. Erlebach stated that a new tree has been planted in Blakehaven Park. Mayor - The Mayor stated that the AOI was adopted on January 28th and it was a Comprehensive Plan Amendment - so no other Comp Map changes can be done for six ) months. 8  On January 10' 2006 the Council will hold a workshop on the new City Hall at 7:00 pm at the Star Fire Station The January 20 & 21 workshop in Cascade will begin at noon on the 20th. The Council meeting for February ih has been changed to the 8111,due to the Sewer & Water District elections. Adjournment: Bell moved to adjourn the meeting, Christopherson seconded the motion. All aye: motion canied. The meeting was adjourned at 9:30 pm. Respectfµ\ly submitted: Approved: �MA Nathan Mitchell, Mayor I ) 9