City Council Regular Meeting

Star City Council Meeting Minutes January 17, 2006 Mayor Nathan Mitchell called the regular meeting to order at 7:00 pm at the Star Fire Station 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: McDaniel moved to approve the agenda as presented, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of: Approval of January 3, 2006 Regular Meeting Minutes; Approval of Transportation Committee Members and Economic Development Committee members and the Findings of Fact and Conclusions of Law for the Preliminary Plat for Orion Park Subdivision. Public Input: Law Enforcement Report - Deputy Rod Marshall handed out the monthly report to the Mayor and Council and reviewed statistics for the month. ) Public Input - Ann Schram, 3353 N. Munger, Star, Idaho discussed the Sanderson Development and the need to pay for a planner in Star. Eric Battey- 2420 N. Munger Road, Star, Idaho discussed the Comprehensive Plan and the need for changing it. He encouraged the Council to hire a planner and to revise the Comp Plan. Ken Firmage, 611 Evelyn Place, Star, Idaho gave a brief report on the Economic Development Committee. Kastera Homes Presentation- Wayne Forrey with Kastera Homes presented a video on Diamond and Kastera Homes in Star, Idaho. Public Hearings: Conner/Carson - Annexation/Zoning/Development Agreement - Mayor Mitchell stated that all previous testimony on this development would be included in this public hearing. He reminded everyone that this public hearing was not for the preliminary plat. The Mayor asked Council for any conflicts of interest or ex parte contact. Hearing none the Mayor opened the public hearing and asked the applicant to speak. Applicant - Becky McKay, Engineering Solutions representing the Conner-Carson Development stated that she had nothing to add to the report. 1  Public - Ted Simmerman, 2090 Sunny Lane, Star, Idaho stated that he lives north of the Conner's development. He thanked the Council for hearing him and McKay for walking the property with him to observe the Foothills Ditch. Cottonwood trees and wildlife were discussed - this is an established wildlife area. The Army Corp of Engineers declared this area to be a seasonal wetland area in 1985. Simmerman is not against growth in the area. The Mayor ordered that Fish & Game come out to the site, but they have not seen anyone yet. He requests the Council table this subdivision until the Army Corp of Engineers do a study, and a complete Wildlife study as requested is performed and that both of these studies be submitted to Mr. Martinez and to the people within 300 feet of the development. He has hawks that clean up the mice out of his hay field. Ellisa Massoth, 910 E. Cleveland, Boise, Idaho representing Jack & Katy Slater is opposing the Development Agreement and the preliminary plat. The Slater's property borders this development. The Slaters are opposed and Massoth gave 25 reasons why this development should not be approved. This does not meet the Comprehensive Plan. At the Slater's expense ' they hired Maxim Technologies to do a wildlife and water study. Maxim was denied access to the property. Massoth has submitted 25 reasons and expressed all the unique qualities of the property. Mr. Colson of Maxim Technologies will explain his report. The report will state that there is evidence of wetlands. There are parts of this land that were indeed wetlands. This is a special place and needs to be protected. There is a letter in the packet from Fish & Game which simply states that there are no endangered species. Council wanted Fish and Game to get a feel for the property. That letter is by no means an assessment. The Army Corps does fall within their purview and they need to do an assessment. They have had no problem in getting in touch ) with Fish and Game. The notice sent to her client did not mention the Planned Unit Development, it is therefore not properly noticed and should be cancelled. The Development Agreement does not have any means to enforce the developer to follow the rules. This agreement approves seven lots and doesn't approve assessments of Fish & Game. She asked that the Slater's information be put in public record tonight. The language in Section 3.3 of the development agreement should not include the full property. The conclusions state that the Council must state the reasons for approval or denial. Massoth stated that the Council cannot draw these conclusions. Additionally, there is a letter from the school district that addresses the problems of overcrowded schools. This is the same plat as seen on December 6, 2005. Massoth is asking the Council to deny the development agreement or at least send this back to the developer to add conditions and deny the preliminary plat. Erlebach asked where the water comes from that feeds this prope1ty. Massoth stated that it comes from the Slater property or Simmerman prope1iy. Chris Colson, Maxim Technologies, Boise, Idaho was contracted by the Slaters for a study on the Conner-Carson property. Mr. Colson emphasized this study does not support or oppose the application. A copy of the study was given to the Council. The wetland areas are supp01ied by hTigation water and appear to originate from the Boise River. It is filled seasonally which supports the wetland vegetation. He has consulted with the National Wetlands and there was a wetland designation made in 1985, this does not constitute a delineation, another study will need to be done in the Spring. Wetlands need to be determined in the spring. Maxim conducted a wildlife survey for three days and discovered three different wetland areas with raptors, owls, 2  song birds, several nesting sites, a covey of quail, and found where dens of red fox have been, ) mule deer and small mammals. They looked at different parameters and apply grade to the area, the assessment is 48% of this section is wetland. There are high occurrences of wildlife and plant life due to the area. Christopherson asked if we need to wait until April to do the study. Colson stated that we do due to the vegetation, soils and water - speciation every plant is identified - this is dormant season and the area is driven by irrigation water. Christopherson is confused from what he sees and understands - what is the recommendation; what is the maximum density that would not allow anything to change or 100% could not be developed. Colson doesn't know the effect. The cottonwood grove is an upland cover so animals can retreat to the upland area. This type of land is disappearing. There are no endangered species in the area. These areas are becoming rare in the valley. Mayor Mitchell stated that if approvals on application are conditioned they can be dependent on mitigation with the Corps. Colson stated that the Corps will have final say. The Corps won't pay for the study the developer will need to. This area may have higher or lower mitigation circumstances. Colson stated that the Corps will have final say, the City can enforce stricter guidelines, but not less. Christopherson asked if anyone else could request a study/delineation. Colson stated that it depends, they may send someone out. If the Council asked the Corps to do the study they probably would. ) Christopherson stated that if they determine that it's a high value area - then what? What does that mean? Colson stated that the only thing that would keep the development from happening is finding an endangered species and other than that it is conditioned. Waters of the US are also governed and implied to the property. There will also be mitigation requirements for in-igation. McDaniel asked Colson if he believed that wildlife had migrated from somewhere else? Colson stated that this is a pocket of unique habitat - you're not going to see most animals in the outer most of the grove, this is suitable for birds like owls. It is also within reason for nesting areas for bald eagles. There is very old sage brush, possibly virgin sage brush. They are all interrelated and changing one thing will be a detriment to this area. McDanial asked if wildlife can relocate and still be able to operate within other avenues. Colson stated that it will be on a species to species run. An example is that the Red Fox have several offspring that will continue to use same dens, another example will be interrupting the travel corridor will move some of the animals. Applicant - Becky McKay, Engineering Solutions stated that she and Mr. Simmerman did meet at the site, they looked at site, trees and he explained the irrigation and drainage. McKay showed how the irrigation flows to Simmerman property. The irrigation runs off to Foothills Ditch. There is a man-made ditch at the site - McKay showed where the cottonwood trees are. McKay stated that this is the wrong time of year for the wetlands delineation. The last phases adjoin the most effected areas. The Army Corps of Engineers recommended a wetlands study and the canal crossings will require a 404 permit. McKay stated that her client and Mr. Rosti met and showed 3  them how much they needed to protect this area due to the slope of ditch. Eric Girkey of the Army Corps of Engineers sent out a standard letter. We will need to retain an expe1i, Carl Gephart is an expe1i in this field. McKay called Eric Litsiger of the Idaho Fish & Wildlife and left detailed messages for an area assessment. McKay stated that she and her clients have walked the area and recommended that there should be no more than five lots or maybe less, they wanted to save the cottonwood stands. Topography shows the possibility of the area for the buildable lots, there will be a private drive. We will minimize destruction of the area with 1.8 acres per lot, they will leave it in natural easement for protection. McKay doesn't object to governmental approvals applying to wetlands or wildlife approvals. Jeny Kiser of Middleton Mill Irrigation has been paid to staii their study along with Drainage District #2. McKay explained that the Slaters asked for access to the prope1iy on a Friday afternoon with a fax and wanted access to the property and it stated that if no response was received we will assume we can go on the prope1iy by Tuesday. McKay stated that they did respond by saying no. McKay did meet with Mr. Simmerman. Mr. Colson has done a repo1i making speculations, you need to wait for spring and see what area is truly a wetland. This area may be an irrigation created wetlands, which is non-jurisdictional. McKay doesn't object to limiting lots to five and governmental approvals. The Mayor stated that we can condition this before we record final plat or issue a building permit. McKay stated that the condition can be on anything that pe1iains to the acreage above ) the Foothills Ditch. The condition will be tied to the nine acres. Applicant will meet and follow the recommendations from the Idaho Fish & Game and Army Corps on this prope1iy above the Foothills Ditch prior to being recorded. Yorgason stated that there could be more public input at final plat, we can do this as part of the preliminary plat. Yorgason is not aware of a public input process through the Corps. McKay stated that they do notify prope1iy owners within 300 feet. The Mayor stated that McKay meet with Fish & Game and the Army Corps prior to final plat regarding the subject prope1iy above Foothills Ditch and limit the lots to five. The Mayor declared the public hearing closed and moved into deliberations. Christopherson stated that based on information received and testimony received tonight, he would like to make the change we talked about in Section 3.1.1 of the Development Agreement changing the lot numbers to five and that the applicant meet with the Idaho Fish & Game and the Army Corps prior to the final plat and that the 300 feet people be notified for public input at the final plat. Christopherson moved to approve the Development Agreement for the Conner/Carson prope1iy with changes stated above, Erlebach seconded the motion. Bell stated that there is a lot of concern, but believes the developer has shown a willingness to deal with trees and cut lot sizes down. This area is a valuable asset to surrounding neighbors and it is a hard decision. He believes that if we can have the studies done and maintain as much of 4  the area as possible along with maintaining trees and water flows. He believes we should move forward. Wildlife is important he used to have a lot around his house, he still has a covey of quail along with an owl. The Mayor stated that he wants to explain the land use process - we don't want to give the first impression that we ignore conditions. We have these conditions in place. We will protect the things that are out there. Conditions have been met or have been placed on concerns that have been raised. All aye: motion carried. Mooncreek Cove Subdivision, the Mayor asked Council for any conflicts of interest or ex pmie contact. Hearing none the Mayor opened the public hearing and asked the applicant to speak. Applicant Kent Brown, Bailey Engineers, stated that the application is for a Preliminary Plat. The property limits the design, but they have provided stub roads to the neighbors. Bell announced that the prope1iy is close but does not have a conflict of interest. Public Input - John Turner, 501 N. Star Road, Star, Idaho stated that the adjoining property belongs to Lois Turner, it is irrigated property and they strongly encourage the developer to put a fence up to block this prope1iy along with the mirco-path. They request a stub street for future. Have you discussed with anyone about street stub. Turners own all the way to Third Street. Steve Park, 11340 W. Third Street, Star, Idaho stated that he is pmi of the Turner family and is concerned about the fence. The depicted bushes are actually trees and weeds. He would like the ) fence to match the park fence - vinyl. Park stated that there is about 300 feet of fence, it is not a great deal of fence. They do irrigate in the summer. He is not happy with the density, but Bell had to go through same thing. The R-4 is a done deal. Park asked why it is a stub street and not a cul-de-sac. The Mayor stated that this is an ACHD requirement for future development. Erlebach stated that the stub road does not mean the road has to go straight it can wind as long as it is approved by ACHD. Park asked that the fence not be a cedar fence, it looks bad - v�nyl is better. Applicant - Kent Brown our intent is to put up a fence, it will be six feet in height and may or may not be cedar or vinyl. The stub road is better for emergency services and water and sewer lines. Everyone has conditions and some of the design is driven by this. Bell asked if Brown and client would commit to a six-foot vinyl fence tonight. Lance Fish, Silver City Comi, Boise, Idaho, stated that it will be a solid fence that is not cedar - we have stone and we have cedar. Bell asked what they would commit to? Fish stated that there is no problem with the fence, but wants flexibility with type of fence. The Mayor closed the public hearing and moved to deliberations. ) 5  Bell stated that he would like to add conditions regarding the fencing as condition #14 approved through the landscape plan. Something like putting in a solid six-foot non-wood fence to be constructed along the parameter of the development, approved by staff. Christopherson stated that the application is pretty straightforward and complies with our R-4 designation with the added fourteen conditions. Christopherson moved to approve File #PP-06- 02 Mooncreek Cove Subdivision adding condition #14 - a solid six-foot, non-wood fence be installed on the parameter of the development approved by staff, Bell seconded the motion. All aye: motion carried. Colt Carson Subdivision - Preliminary Plat, The Mayor asked Council for any conflicts of interest or ex parte contact. Hearing none the Mayor opened the public hearing and asked the applicant to speak. Becky McKay, Engineering Solutions, 150 E. Aiken, Eagle, Idaho, representing the applicant, stated that this application is 47.266 acres, next to Lobo Creek which adjoins to the left with a stub street. McKay stated that they need to extend water and sewer across the entire front of the property. There is one acre that has been purchased by the adjoining property. McKay will stub sewer and water to the property. The driveway to that property is approximately five feet off property line. These property owners reside in California now and didn't like the stub street to their prope1iy, but it is offset by gravel drive. The Ada County Highway District has information on the stub street and approved the offset of driveway. ACHD believes the stub street should stay where it is depicted. There will be local streets and a split medium at the entry. They will ) dedicate 35 feet to ACHD and will have curb gutter and sidewalk. McKay will allocate 35 feet of berm area. McKay has eliminated a lot, the park is now in excess of two acres, and they will also have a tot lot. They will be using swale areas along the roads. ACHD stated that they make the developer bond for these swales until the development is approved. They have dug test holes to get base lines and will have a year's monitoring for storm drainage. They will have a crossing at Foothills Ditch, which will be 25 feet of private drive. Based on topography, we can miss the sensitive areas and trees. They will meet the fire depaiiment requirements. There will be a separate lot protecting the Foothills Ditch area. This area will be maintained by the Homeowners Association. There is a triangle lot adjacent to the well at Lobo Creek -- they show it as a buildable lot. The density is 3.15 with a minimum lot size of7,500. They have been eliminating lots as homeowners want larger lots with three car garages. Phasing of the development was discussed. This will be a three-phase project. There will be 122 buildable lots. This originally came in as a PUD, but due to the removal of minimum lot sizes this can be approved as a preliminary plat. They meet all the criteria with the exception of the rear setback of 15 feet - per ordinances it should be 20 feet. Homes are getting bigger - if setbacks are too great it forces smaller homes. This will provide a variety of homes. Setbacks are being reduced to 12 feet in Meridian. The existing house is not listed as a historical site, it is listed on the Ada County Historical Index. If the house is found to have been altered from the original style or added on to, they may have no interest at all. McKay will have them out to do a review. McDaniel asked how many lots they would end up with. McKay stated that they will lose about eight lots. They will comply with the standards regarding street trees and they will be installing trees along Floating Feather Road. 6 ) Christopherson asked if any portion of the park is drainage? McKay stated that they won't know until civil engineer does calculations. McKay will minimize any deep areas. Christopherson would like to see a smaller depressed pond as opposed to having the entire area being depressed. McKay will make sure there is a useable area in the park area. McKay stated that they can put a path through the top part of the housing to connect to the park. She believes they may eliminate more lots to allow for the three car garages. Erlebach asked if the driveway for Slater will be retained? McKay stated that it will stay even if she decides to use the road in the subdivision due to access to drainage. Justin Walker, City Engineer asked about drainage issues. McKay has not requested discharge yet, Drainage District 2 has historically allowed drainage to their drain. Christopherson stated that the triangle piece might be good for low impact commercial. McKay stated that they have kicked around different ideas. Public testimony: Ted Simmerman, 2090 Sunny Lane, Star, Idaho discussed the history of the property. It was homesteaded by the Dixon family, the primary house was on over 400 acres. It was then sold in 60's and farmed by mules - crops were hay and corn. The Sirnmerrnan's property would be ) inigated by ditch - 90 acres ilTigated north to south. McKay stated that they won't intenupt the irrigation flow. There is an alluvial fan he lives on, it is a natural feature. Simmerman discussed the cottonwood trees and how they grow. Ellisa Massoth, 910 E. Cleveland, Boise, Idah9 stated that she won't repeat comments, that information is also part ofrecord. She doesn't want 15-foot setbacks for five lots - there should be bigger lots. Chris Colson, 3380 Americana Te1rnce, Boise, stated that there are only five pages in his report and there are important issues to help in making decisions. Applicant Rebuttal - McKay stated that the reason for the 15 foot rear setback is for the new designs of homes. McKay stated that 15 foot rear seatbacks would not be appropriate on the north boundary. A 40 foot setback will work. Yorgason stated that some conditions of the reports will be corning back as part of the plat process and should have public comment. Mayor Mitchell stated that they should comply with Fish &Wildlife and the Army Corps. McKay stated that she will send notice out to 300' people when final plat comes before Council. The Mayor closed the public hearing and moved to deliberations. 7 '\ McDaniel stated that from the plat, the developer has shown that they want to create a nice ) subdivision. McDaniel likes the park area as the entrance, and believes they have done a great job of putting it together with conditions and willingness to cooperate and comply with Army Corps and Fish and Game and the wet lands we should approve this application. Christopherson agreed and would also like to add a couple of conditions. The first being that we connect a walkway to the Wyatt Earp Drive and the developer provide a 40-foot setback along the northern property line. Christopherson stated that they had also asked for a rear yard setback of 15 feet. We may need to adjust this in our ordinance. Bell moved to approve the Preliminary Plat for Colt Carson Subdivision with the following conditions: the eleven stated staff conditions, adding twelve - the developer notify all people within 300 feet when the final plat is presented, thirteen is a pathway from Virginia City Drive to Wyatt Earp Drive and finally a 40-foot setback along the northern boundary of the prope1iy north of foothill ditch, and a 15 foot rear yard setback for the rest of the subdivision, McDaniel seconded the motion. All aye: motion carried. New Business: Claymont Estates Final Plat, Wendy Kirkpatrick of Landmark Engineering stated that she is there for final plat approval and stood for any questions. ) Justin Walker stated that some of the issues on his rep01i have been resolved. Erlebach moved to approve Claymont Estates Final Plat, Bell seconded motion All aye; motion carnes. Impact Fee Discussion - Yorgason discussed the differences between Eagle and Meridian's ordinances. The study is going to be done. Both cities use the same process to get to the fee. We shouldn't use money from one side of town for another paii of town. Impact fees can be used to pay back bonds for parks - it doesn't impact zoning ordinances. Council will provide comments to Yorgason by week's end. Ordinance & Resolutions: Ordinance No. 142 Conner/Cai·son Annexation & Zoning- 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. 142 be considered after reading once by title only, Erlebach seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. McDaniel moved to approve Ordinance No. 142, an Ordinance annexing to the City of Star ce1iain real prope1iy located in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star, establishing the zoning classification of the annexed property as Residential (R- 8 -: ,,. 3DA) with a Development Agreement of approximately 47.266 acres; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Bell seconded the motion. Roll Call: McDaniel, Christopherson, Erlebach and Bell - all aye: motion carried. Reports: Staff- Cathy Ward stated that a schedule has been put together for getting pictures of the Mayor & Council. Ward stated that Amy Hati has been hired to take over the staff rep01is for land use. Council - Bell stated that the playground equipment is here. He will attend a Valley Ride meeting tomonow. Mayor - The Mayor will write a response letter to Ann Marie Schram (spelling? Consistent with public comment above) explaining the thought process. There will be a BPGG draft of text for phase 1 in your workshop packets. The Mayor will testify on Improvement Districts. The Mayor will be meeting with Mayor Bieter to discuss Council being on TV. On February 8th• Ada County will be having a final public hearing regarding Avamor. The City will be in favor of the project. Meeting is at 6 pm. ) Adjournment: McDaniel moved to adjourn the meeting, Bell seconded the motion. All aye: motion canied. The meeting was adjourned at 11:00 pm. / ApD�l ..., Nathan Mitchell, Mayor 9