City Council Regular Meeting

CITY OF STAR CITY COUNCIL MINUTES February 8, 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: Bell moved to approve the agenda, Erlebach seconded the motion. All aye: motion carried. Consent Agenda: Bell moved to approve the Consent Agenda, Christopherson seconded the motion. The Consent Agenda consisted of: January 17, 2006 Regular Meeting Minutes, January 20-21, 2006 Council Workshop , Claims Against the City for January 2006, Findings of Fact & Conclusions of Law for: Annex/Zoning/Development Agreement-Conner/Carson, Preliminary Plat-Mooncreek Cove Subdivision, and Preliminary Plat-Colt Carson Subdivision. All aye: motion carried. PUBLIC INPUT: No comments from the public. PUBLIC HEARINGS: Mayor Mitchell reviewed the procedures for public hearings. Comprehensive Map Amendment/Rezone/Development Agreement – Star City Development – 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 – Ashley Ford, WRG Design, Inc., 453 S. Fitness Place, Eagle, representing Star City Development stated that this application is a continuation from a previous meeting to finalize the development agreement. They are requesting C-1 zoning because they wish to have a shopping center designation. She read the list of allowed uses for the C1/DA zone and stated they would be back before the Council for design review and approval. The Mayor asked for public input. Richard Tinsley, 10459 Achillea, Star, stated he is on the board for the Starlight Subdivision Home Owners Association. The Association has concerns regarding the lighting and noise of the proposed development. They are also concerned with water and storm drainage from the parking lot draining onto neighboring properties. 1 Dawn Moir, 1435 Delphinium Avenue, Star, stated she had looked over the development agreement and feels the changes fit in. She questions why the zoning needs to be changed when most of the uses fit into the current LO zoning and the zoning across the street is LO. She pointed out that the letter from Ringert Clark has questions regarding drainage. She has additional concerns regarding traffic. During rush hour times it is hard to get in and out of traffic and ITD has no plans in the near future to improve the highway. She asked how the Council plans to address the traffic situation. Mayor Mitchell explained that no matter how the property is zoned traffic will have to be addressed and it is best to address it at preliminary plat not during the zoning process. The Idaho Transportation Department owns 160 feet from the center lane of the highway that would allow for improvement. During the platting process conditions will be put on the application to comply with ACHD and ITD requirements. Moir asked who is responsible for improving roads before development comes. The Mayor stated there are improvements in the planning process for the highway. Moir asked if title to the property shouldn’t be clear before approving the zoning. The Mayor stated the applicant may answer in rebuttal. Joe Russell, 10569 W. Gloxinia, Star, asked about access to the development as the Highway Department likes to limit access from State Street. If entry will be off Cosmo what improvements would need to be made to Cosmo? The Mayor reiterated that one of the recommendations from ITD is that the applicant look at alternate access other than from the State Highway. They will have to negotiate access with ITD and meet their conditions for improvements. The Mayor explained that the drainage district will look at and approve their plans to retain drainage onsite. The City has lighting standards they will have to meet so the lighting does not affect the neighbors. At the preliminary plat is the time to direct concerns regarding lighting and noise if anyone has additional concerns. Moir read the statement from ITD’s letter, “No access from the property to State Highway 44 will be allowed.” The Mayor pointed out that the statement is a recommendation to the City. Moir asked if they will be able to address access at a later time. Restated she feels there is no need to change zoning to have retail stores. Richard Tinsley asked for clarification to Moir’s ITD statement. The Mayor explained that ITD is asking the City to put a condition on the applicant that the City has no right to place. Just because they are asking the City not to allow any new access doesn’t mean ITD will not allow it. The applicant and ITD will negotiate access during the platting process. The request for zoning change will allow for more permittable uses and less conditional uses. Tinsley asked to be kept in the loop on access negotiations. 2 The Mayor asked the applicant for rebuttal comments. Ford stated they are asking for a rezone for a shopping center to allow for more flexibility in use. Traffic issues will be addressed at a later date and they have a traffic engineer on board working on this. They will comply with all the different agencies and are asking for approval of this application. The Mayor declared the public hearing closed and moved to deliberation. Christopherson stated that since the last presentation, the development agreement spells out everything they wanted; the only difference is it allows additional uses at preliminary plat. Christopherson moved to approve File #CPA-RZ-06-02, a Comprehensive Map Amendment to Commercial and Rezone to C-1 with a Development Agreement, McDaniel seconded the motion. All aye: motion carried. Rezone/Development Agreement – Lawrenz Property – The Mayor opened the public hearing and asked the Council for any conflicts of interest or ex parte contact, hearing none, the Mayor asked the applicant to speak. Applicant – John Wyman, Quality Construction LLC, Boise, Idaho, stated that this is a continuation of a previous application. They are asking for a rezone from R-3 to R-4 with a Development Agreement which will allow two additional lots in the development. Bell asked for clarification on several points. They are requesting the rezone to allow for two additional lots, for a total of 19 buildable lots, which will allow them to pursue access off of Skyhaven instead of CanAda Road and that the existing house will continue to have access from CanAda Road. Wyman stated that was correct. The Mayor pointed out that the Council has in front of them a letter from Jeff and Lisa Storkan asking them to deny approval for rezoning and to leave the property zoned R-3. The Mayor asked for public input. Danny Spangler, 1078 N. CanAda Road, Star, stated they are being surrounded by new houses. He and his wife feel having traffic come off of Skyhaven would make more sense and the addition of two more houses will make no difference. They have no opposition to the rezone. Bud Storkan, 22491 CanAda Road, Star, stated that he lives across the road from this development. He asked what was different from the last time they were before the Council; they are asking for two additional lots and access from Havencrest Subdivision. The Mayor stated that was correct. As CanAda Road has been classified as a collector, the Highway District has asked them to find other access besides CanAda Road. The applicant has negotiated a possible access with Havencrest Subdivision and need the two additional houses to make it work. The Highway District will review the preliminary plat and set conditions regarding access. 3 The Mayor asked applicant for rebuttal comments. Wyman stated he had nothing more to add. Christopherson pointed out that on the previous staff report regarding the rezone it listed the property as 5.38 acres and the Development Agreement before them lists the property as 5.69 acres. Wyman stated 5.69 acres is correct per the survey. The Mayor closed the public hearing and moved to deliberation. Bell stated that they weren’t given an explanation the first time the request for rezone was before them. He now understands the reason for the request and feels it is prudent to approve this application with the Development Agreement. An R-4 zone would allow six additional houses and they are only asking for two. Bell moved to approve File #RZ-05- 03 the Lawrenz Property Rezone with the attached Development Agreement, Erlebach seconded the motion. All aye: motion carried. Resolution 2006-04 Land Use Fee Amendment – Mayor Mitchell declared the Public Hearing open and explained the content of Resolution 06-04 and the changes proposed. The fees are to cover the cost of staff time on land use applications. The Mayor asked for public input. Joe Russell, 10569 W. Gloxinia, Star, asked how these fees compare with other cities. The Mayor stated they are similar to other cities of the same size. They are less than Boise and Nampa which are larger cities. Charles Kolin, 6044 Waterside Place, Garden City, Idaho, stated they are thinking of building in Star and his son is a Scout who needed to attend a public meeting so they were here. He asked when the fees would go into effect once they are passed. The Mayor stated they become effective the day of publication in the newspaper, which could be roughly fifteen days. The Mayor closed the public hearing. Resolution 2006-05 Building Permit Fees - Mayor Mitchell declared the Public Hearing open and explained Resolution 06-05 which includes adding the collection of a nonrefundable submittal fee that would be applied to the building permit. The Mayor asked for public input. As no one from the public offered testimony, the Mayor closed the public hearing. NEW BUSINESS: Revised Final Plat – Lobo Creek – Mayor Mitchell explained the Southwest corner of the property has significant ground water problems. They are asking to revise the final plat 4 by taking out the Southwest corner which would allow them to begin building on the rest of the property. Erlebach questioned if the Council approves this request and they never do anything with the rest, would the Council have any recourse. The Mayor stated they would have control over it later when they bring it back. We will probably see them develop it after they deal with the seepage problem. Charles Kolin, 6044 Waterside Place, Garden City, Idaho, asked who would be responsible if the seepage shows up later, after the homes are built. The Mayor explained they are required to put in a 24 inch frost wall with slab inside. The builder will have to pass all inspections, but the homeowner bears the responsibility. Bell moved to approve File #FP-06-03-R Revised Final Plat for Lobo Creek Subdivision Phase 1 with sixteen conditions of approval, McDaniel seconded the motion. All aye: motion carried. ORDINANCES & RESOLUTIONS: Resolution 2006-04 Land Use Fee Amendment – Christopherson moved to approve Resolution 2006-04 a Resolution of the City of Star, Idaho, amending the fee section of Resolution No. 2005-02 Land Use Fees, adopted on February 15, 2005; providing for land use; Resolution No. 2003-01 Mechanical Fees; Resolution No. 2000-13 Plumbing Fees; Resolution No. 2002-4 Electrical Fees; and providing for an effective date, Erlebach seconded the motion. Roll Call: Bell, Erlebach, Christopherson, McDaniel – all aye: motion carried. Resolution 2006-05 Building Permit Fees – Erlebach moved to approve Resolution 2006- 05 a Resolution of the City of Star, Idaho, establishing a schedule of fees for building permits and inspections pursuant to the International Building Code; and providing for an effective date, Bell seconded the motion. Roll Call: Bell, Erlebach, Christopherson, McDaniel – all aye: motion carried. Ordinance No. 146 Star City Development – 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. 146 be considered after reading once by title only, Christopherson seconded the motion. Roll Call: Bell, Erlebach, Christopherson, McDaniel – all aye: motion carried. Bell moved to approve Ordinance No. 146 an Ordinance rezoning certain real property located in the City of Star, Ada County, Idaho, located at 10643, 10717 and 11717 W. State Street, from a limited office (LO) classification to a commercial (C1) classification with a development agreement; amending the zoning map of the City of Star to reflect such changes; directing that certified copies of this Ordinance be filed as provided by 5 law; providing for related matters; and providing an effective date, Christopherson seconded the motion. Roll Call: Bell, Erlebach, Christopherson, McDaniel – all aye; motion carried. REPORTS: Staff: Staff had nothing to report. Council: -Bell stated he will be putting a notice in the next issue of the Star Independent asking for volunteers for the Park and Rec. Committee. All of the playground equipment is here and needs to be installed. It will be up to the Committee to decide whether they will install it or contract out the installation. -Erlebach had nothing to report. -Christopherson informed everyone he will be thrown into jail for MDA and asked for donation to bail him out. -McDaniel had nothing to report. Mayor: The Mayor pointed out that to date we have already issued more than half the number of projected building permits for the fiscal year. The Blue Print for Good Growth draft report should be out this month. Bruce Borup and Mike Winkle were re-elected to six year terms at the Sewer and Water District election Tuesday. He congratulated the Sewer and Water District on opening the highest tech treatment plant in Idaho and opening it one month earlier than projected. He asked everyone to be careful when close to the river as water levels are higher than we’ve seen the last few years. He has a draft of a letter to go out to everyone with a 83669 zip code asking for volunteers to submit letters of interest to be on a committee to revise our Comp Plan and Subdivision Ordinance. The committee will consist of nine people, including him, and two alternates. He hopes to start holding meetings March 15th for two hours a week with revisions completed in 180 days. ADJOURNMENT: McDaniel moved to adjourn the meeting, Christopherson seconded the motion. All aye: motion carried. The meeting was adjourned at 8:20 pm. Respectfully submitted: Approved: __________________________ ______________________________ Kathleen Hutton Nathan Mitchell, Mayor 6