City Council Regular Meeting

City of Star Meeting Minutes December 5, 2006 The regular meeting of the Star City Council was held on December 5, 2006 at 7:00 pm at the Star Fire Station. Mayor Nathan Mitchell called the meeting to order 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: Erlebach moved to approve the agenda, Bell seconded the motion. All aye: motion carried. Consent Agenda: The Consent Agenda consisted of the approval of November 14, 2006 Special Meeting Minutes; approval of the November 21, 2006 Regular Meeting Minutes; Claims against the City for November 2006; and Findings of Fact and Conclusions of Law for Corinthian Homes Annexation/Zoning/Development Agreement. Christopherson moved to approve the Consent Agenda, Bell seconded the motion. All aye: motion carried. Public Input: No public spoke. ) Public Hearing: Parkstone Subdivision Setback Variance Request - Mayor Mitchell reviewed the procedures for the public hearing, opened the public hearing and ask the Applicant to speak. Applicant- Engineering Solution, Joe Atilla, 6322 N. Discovery Way, Boise, Idaho, stated that he is requesting a setback variance on phase two of our property. This phase is completely within the boundaries of the subdivision and the request is for setback variances on the rear yard for garages only. This will help buffer the homes that boarder the commercial development and it would help to have the garage setback for courtyard setting. The lots in this area are smaller lots. The Mayor asked if they were planning to off load in the commercial area. Atilla stated they were not. Bell asked if this would be for the entire phase. Atilla stated that it would be for the entire phase. Bell asked if every home in this phase is rear loaded. The Mayor stated that this variance will only apply to the rear garages for phase two. Erlebach asked if the garages will have bonus rooms above them. Atilla stated that there are no plans for that. 1  Susan Buxton, Legal Counsel stated that we don't regulate this type of situation. ) Mammone, Planning Staff stated that this creates more space between the area. Buxton stated that this is a waiver not a variance. Mammone stated that it meets the variance requirements. Buxton stated that this is a waiver not a variance. Public Testimony - The location of Parkstone is the Dudley River Ranch. Joe Russell, 10569 W. Gloxinia, asked if they were asking for a variance on all the commercial area. The Mayor stated that it is only on phase two. Atilla stated that they want variety in the streetscape and for ease. There are a lot of lots which could benefit from this setback. The Mayor declared the public hearing closed and moved into deliberations. Christopherson stated that this application to waive the setbacks seems reasonable. He stated that phase two is pretty isolated and surrounded by commercial, water and roads. He is in favor of this waiver. McDaniel is in agreement with Councilman Christopherson, it is not unreasonable. Bell is in favor of this request and it makes for nicer esthetics. Bell moved to approve the Parkstone Subdivision Setback Waiver Request from 15 feet to 5 feet for the rear yard ) setbacks for the garages only in phase two. Christopherson seconded the motion. All aye: motion carried. Parkstone Subdivision Sign Variance Request - The Mayor explained the height variance and opened the public hearing. Joe Atilla, 6223 N. Discovery Way, Ste. 100, Boise, Idaho, stated that the request is for a variance for the main commercial sign. The variance is for about seven feet. The sign was designed to fit with the community and be proportionate to the scale of the plaza (sign shown). The sign is prop01iionate to this type of development. Christopherson asked which way the sign faces on Highway 44. Atilla stated that it is perpendicular to the highway. Bell asked how far off of Highway 44 the sign will be. Atilla stated that the Idaho Transportation Depmtment and the ditch company have a fair amount of setback from where the sign sets. Erlebach asked if the sign will be above rooftops. Atilla stated that the building height is thi1ty five feet. The sign will be in scale with the building. Erlebach asked them to show the other drawing. Erlebach asked if they will have other signs for other businesses. Atilla stated that this sign will not be for tenant signs. 2  Buxton stated that this is also another waiver and not a variance. Public Testimony - no public testimony was given. The Mayor closed the public hearing and moved into deliberations. Christopherson asked about the scale of the sign. Atilla stated that telephone poles are 35' tall and the sign is shorter. Atilla stated that he does not believe the sign is as large and wide as the Paramount sign. Atilla stated the sign is as tall as the Chevron sign in Star. Erlebach stated he had no problem with the sign, but does not want up lighting or spot lights. Bell agreed that the sign fits well with the subdivision and it is not right against the highway. Bell moved to approve the sign waiver for Parkstone Subdivision with no up lighting on the sign, McDaniel seconded the motion. All aye: motion carried. Hunter's Creek Comprehensive Plan Map Amendment/Annexation/Zone/Preliminary Plat - The Mayor reviewed the procedures for the public hearing. The Mayor asked Council if they have any conflicts of interest or ex paiie contact, hearing none the Mayor opened the public hearing. ) Applicant - Dave Yorgason, Capital Development, stated that this is 29 acres located on the east side of Star Road and south of Floating Feather. Yorgason stated that there are several developments that surround this parcel. The zones surrounding the area range from R4 to R3 to R2; they are requesting an R3 and feel it is comparable. Yorgason stated that they had little opposition at the neighborhood meeting - neighbors wanted the prope1iy to stay the same. The road that comes off onto Star Road will accommodate the neighbors, this will have 82 residential lots and light office space. They believe a day care or other professional offices will work there. There will not be any big box retail stores - this is the reason for the PUD. Pictures were shown of some of the amenities and the types of homes they will you provide, they will work with local builders. There will be no swales with separate sidewalks, a tot lot is provided for a play area, the entry will be tree lined, there are trail systems that have sidewalks with trees. There is 12.5% of open space. They have met with the neighbors and they liked it. They are requesting a Comprehensive Map change and approval. Christopherson stated that to the n01ih, the City may have a park across Floating Feather Road, he would like to see a walking path to park - it will be mostly foot traffic. The other thing is a walking path to the commercial so that no one has to go outside the subdivision to get to the commercial. Yorgason stated that they have not spoken to anyone other than a day care center with regard to what will be in the commercial area.. Christopherson would like to see specific uses. Christopherson stated that a PUD calls for a variety of housing, all these houses seem to be the same style with lot sizes the same. The purpose of a PUD is for more useful open space. 3  Erlebach asked if these lots are the same size at Settlers Ridge. Yorgason stated that they do have some that are larger. Most of the homes that are shown will fit on smaller lots than this subdivision. Bell asked where the walking paths are other than near the streets. Yorgason showed the Council the paths. Yorgason stated that he was unaware of the park area. The Mayor stated that this is a new development. Yorgason stated that they could possibly put a walking path to the north, but is not sure of the one to the commercial. McDaniel asked if the only open space is at the entrance and the pathways. Yorgason sated that the park is approximately one acre along with buffer areas. Yorgason stated that the park will have some playground equipment. With less than 100 homes, the more open space is a consideration for homeowners dues. Christopherson asked about the three common driveways and asked Yorgason if he is concerned about the driveways and possible conflicts. Yorgason stated that they have the same concept in Settlers and the only problem is parking. There is not a lot of maintenance on driveways and the developer will take care of the installation and drainage. They have not seen any conflicts. In Settlers they have as many as four or five common driveways. Staff - Mammone stated that there are two letters to add to this application from Central ) District Health and the Depatiment of Environmental Quality. Public Testimony- Frank Turner, 234 N. Devon Way, Star, stated that this was his first Council meeting and wanted to know at what point the road issues are dealt with. The Mayor stated that they would be dealt with at this meeting. Both Star Road and Floating Feather Roads have been identified as collector roads by Ada County Highway District and there are specifications the developer will have to meet such as widening, curb and gutter. This will have to be done before homes are built.. Angela Apsley, 1797 N. Willow Glen Place, Star, stated that she cried when she saw a commercial area - she doesn't want commercial here, she does not have a fence and doesn't want to look at traffic or traffic lights. There have already been two people from the community from California, that have already moved back to California. When you get rentals - it doesn't look good. She is very disappointed - she had high hopes. Darrel Gazzola, 1710 Willow Glen, Star, stated that he takes exception to the neighborhood meeting. No one from the neighborhood got a notification. The Comp Plan Map designates this as an R2 area. Many people bought prope1iy based on the current Comp Plan map. The R2 zoning should not change. He is concerned about the lights of the development. Gazzola asked that they be required to stay with the R2 and the Council hold to the map, this is no benefit to the City. 4  The Mayor asked Gazzola if he looked at the Comp Plan Map before he bought his house ) - Gazzola stated that he did not. Applicant - Dave Yorgason, Capital Development, stated that there is an ACHD rep01t in place and this development will be built in phases. Regarding discussion on the commercial area, they did go to the County to get addresses for notification and there were people there from the Westpointe Subdivision. There is a mixture of homes, you don't put larger homes next to the road, you put them internally. Yorgason recognizes the commercial concerns and assured everyone that there would be no big lights shining into homes, but streetlights will be needed. Residential ground sells for higher than commercial property. This will help reduce traffic, it is called trip captures. If the City doesn't want commercial they will take it out. Regarding other comments about not being able to see your home, Yorgason stated that we are in a depressed time. Christopherson asked about the Comp Plan map change. Yorgason stated that it is pait of his job to do research on Comp Plan and this area has a lot of variety - Floating Feather, the canal and the weed patch. Yorgason stated that the lots line up with the Waterview Subdivision. There are a lot of R3 developments in the area. Erlebach asked if there will be enough area to turn into the commercial area if a stop light is installed. Yorgason stated that there are already curb cuts into the commercial area and he is not aware of any stop light. ) Yorgason stated that there will be a berm around the perimeter of the commercial and roads. Yorgason stated that it is not their intentions to have commercial lights. Mayor Mitchell explained that we want commercial and residential uses mixed. Our ordinance structure in Idaho is that you end up with 1500 houses in a two square mile area and everyone has to drive everywhere. The City has tried to incorporate more of a mixed use so that people are not driving all the time. Susan Buxton, Legal Counsel asked Yorgason if he would agree to minimize the lights in the commercial area and maybe use some of the dark sky wording. Yorgason stated that it is hard to measure the impact. Buxton stated that the dark sky wording could be to provide for health and safety and minimize the light and glare. Yorgason stated that that is their intent as long it is definable. The Mayor declared the public hearing closed and moved to deliberations. Christopherson believes the density change makes sense in that area and the lots line up with Waterview lots. He is in favor of the R3 zoning. McDaniel agreed with Christopherson. She would like to see more of a variety but it is not easy on a small parcel. She is in favor of a Comp Map change. 5 Christopherson moved to approve the Hunter's Creek Comp Plan Map amendment from low density to a medium density, McDaniel seconded the motion. Bell asked if the owner requested it this way. The Mayor stated that this property was not in the Comp Plan area. All aye: motion carried. Annexation & Zoning- Bell moved to approve the annexation of Hunter's Creek and zone the property Residential R-3, Christopherson seconded the motion. All aye: motion carried. Preliminary Plat & PUD - Bell would like to have the conditions of a path to the no1ih to the corner off Grizzly Bear Comi and would like to see that connected to Floating Feather with a walking path and would also like to see a small path going to the commercial area and would like to see wording for lighting be minimized through the dark sky concept. Erlebach asked about the upper east corner and if the canal goes through that area. He would like to see some kind of fence on their side of the canal to deter kids. Erlebach asked if the code addresses the common drive way access. The Mayor stated that conceptually the plan will work. Maintenance of these will put the drive way access under the care of the HOA. Christopherson moved to approve the Preliminary Plat and PUD for Hunter's Creek Subdivision with conditions 1-10 - adding 11 connecting Grizzly Bear to Floating Feather and a pathway connecting to the commercial lots and encourage dark sky lighting concepts, seconded by Erlebach. All aye: motion carried. Old Business: Noise Ordinance - Buxton asked Council to look at page 2 of the Noise Ordinance - item H; it appears that the sentence should read "before seven o'clock and after 10:00 daily", with the same changes on "I". We need to make everything the same and have the wording to be consistent. Reports: Staff - Buxton discussed the Blue Print for Good Growth. She would like a letter sent clarifying the City of Star's position that we are no longer members and that we will not be giving any additional monies to them. A letter will be drafted. Council - Bell attended VRT and VRT Board of Directors Stuff the Bus. Erlebach stated that a prope1iy owner has donated a couple trees and they have been put in Blake Haven Park and the "no dog" signs have been installed. McDaniel stated that there is an emergency preparedness repo1i from the Boy Scouts, and Boise will host the Special Olympics. 6  Mayor - The Christmas Tree lighting was held last Friday. If the Council would like to comment the Ada County Commissioners are working on emergency services. The County is saying that the County EMS says the Fire Depaitments can't have EMS. The Star Fire Department Commissioners have taken a stand and so has the Mayor - the Council can also send a message. There will be no second meeting in December. Executive Session: Bell moved to go into Executive Session under 67-2345 (l)(b) Personnel. Christopherson seconded the motion. All aye: motion carried. Mayor Mitchell stated that there is a $7,000 bill for legal counsel that did not get on the bill listing. Buxton stated that most of the bill was from the election. Christopherson moved to approve the attorney's bill. McDaniel seconded the motion. All aye: motion carried. Adjournment: Christopherson moved to adjourn the meeting, Erlebach seconded the motion. All aye: motion caiTied. The meeting was adjourned at 9:30 pm. Resp<;ctfully submitted: Approved: td{{dgJ]J) ) Nathan Mitchell, Mayor 7