City Council Regular Meeting

Star City Council Meeting Minutes March 19, 2019 The regular meeting of the Star City Council was held on March 19, 2019 at 7:00 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Chad Bell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen Michael Keyes, Trevor Chadwick, and Kevin Nielsen were present. Councilman David Hershey was absent. Approval of the Agenda: Keyes moved to approve the agenda, Chadwick seconded the motion. All ayes: motion carried. Consent Agenda: Chadwick moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of March 5, 2019, Findings of Fact and Conclusions of Law for: Tru Hit Fitness Conditional Use Permit and 11810 New Hope Road Annexation & Zoning, Final Plats for Endsley Court Subdivision and Archway Subdivision, Keyes seconded the motion. All ayes: motion carried. Old/New Business: Mayor Bell informed the audience that when they came to the public hearing for Moon Valley Subdivision that it would be not be heard tonight and would be tabled. Public Hearing – Greendale & Greendale Grove Subdivisions - The Mayor explained the public hearing process, starting with a presentation by the applicant or representative, Council may then ask questions, followed by staff comments, then public testimony which will be limited to three minutes, and then applicant’s rebuttal. The Mayor will then close the public hearing for Council deliberations. The Mayor asked Council if they had any ex-parte contact or conflicts of interest, hearing none, Mayor Bell opened the public hearing and asked the applicant to speak. Applicant: Becky McKay, Engineering Solutions, 1029 N. Rosario Street, Ste. 100, Meridian, Idaho, stated she is representing the applicant Providence Development. This project consists of two parcels, Greendale Grove to the north is 39.99 acres and Greendale Subdivision to the south is 42.14 acres. They had met with the Ada County Highway District (ACHD) and they had the realignment of Beacon Light Road going through this property and were informed it was their responsibility to do the realigning. McKay showed the realignment on the map and explained this was the road plan ACHD wanted and meets ACHD standards. Currently Wing Road comes into Beacon Light at ninety degrees and with the realignment it will come in at an angle. In their meetings with ACHD it was determined they would improve part of New Hope and eliminate part of the road. The plan is to have the five-acre parcels to the east and south funnel to New Hope by using Hardwood Grove Drive to the new Beacon Light alignment. They will bring Brandon Road up to connect to Beacon Light. They will create a curb cut for the Hutton Ranchettes for the two houses up the right-of-way that use it for a driveway from the new Brandon Road. They have submitted an application for a Comprehensive Plan Map Amendment as currently the Comprehensive Plan designation is low density residential and they are asking MINUTES 1-15-19 1 for medium-density residential with an R-3 zoning which is compatible with Trident Ridge which was approved with an R-3 designation to the north. In talking with the staff they have indicated the new Comprehensive Land Use Map has this area designated as R-3. The density for the two properties together is R-3 and meets that R-3 criteria. At Greendale Grove Mr. Akins will keep five acres and his accesses will remain as long as the property remains residential and agricultural. If the property ever redevelops they would take a look and make it come into compliance. Wing Road is a collector roadway and they will dedicate additional right-of-way and will improve with curb, gutter, and sidewalk along the east side. There will be two points of ingress/egress to Greendale Grove, one on Wing Road and the other on Beacon Light, and they will put sidewalks along Beacon Light. They will provide stub streets to the property to the east and north and to the existing residence for future development. Due to elevation concerns they have put in two short cul-de-sacs. Lot sizes will range from 6,600 to 19,872 square feet, with an average lot size of 9,500 square feet. The water main will be from Beacon Light, the same main line serving Trident Ridge. Sewer will be through Trident Ridge from the Roseland Subdivision and is the preferred way per Hank Day at the Sewer District. Per the UDC they are required to have 5% minimum of open space and they are proposing 4.94 acres of open space, or 12.78%, consisting of a common area of over three acres with pathways with workout stations along the pathway. Greendale Subdivision is the southern parcel and they have two stub roads to the property at the north. There is a collector roadway going to a three-acre common area which will have a playground structure and pathways that link the subdivision together. Open space is at 6.7% and the UDC requires a minimum of 5% open space. There is a fifteen inch gravity irrigation line along the eastern boundary with a pump station to the north east corner. Lot sizes will range from 6,600 to 13,528 square feet, with the average lot size around 7,997 square feet. Utilities are being proposed either from Brandon Road or from Roseland's entrance; they will be meeting with Hank Day, with the Star Sewer and Water District, to determine what the best option is. McKay stated Thompson Engineers had done a traffic study and estimated there would be 2,228 trips per day at build out. They have four phases in each development and usually do one to two phases per year depending on the market. McKay explained the proposed phases on the map. The two parcels consist of approximately 82-acres and will have a combined fifteen acres of open space. Greendale Grove is proposing to have 107 buildable lots and Greendale Subdivision 131 buildable lots. She stated her client is in agreement with ACHD's report and the staff report. They are requesting a waiver of the 500 feet block length on two streets within the northern parcel based on topography; one in block 3 which is 620 feet face to face and the other in block 4 at 520 feet. On the southern parcel they are looking for a block length waiver in block 8 to be between 510 to 530 feet and along the common area with playground equipment that block is 830 feet face to face. To not have the waiver approved would break that area up and would require putting in an additional street through the park and kids would need to be crossing it to get to other parts of the park area. McKay showed slides of proposed playground equipment and examples of proposed homes. She stated they worked closely with staff and in speaking with Mr. Butler learned the new Comp Plan is still a ways away and that is why there is a Comp Plan Amendment before them along with the annexation and preliminary plat. They will be improving the Beacon Light arterial, will be working with the neighbors and have spoken with MINUTES 1-15-19 2 the Highway District about vacating some areas. McKay noted they are estimating a 2025 buildout. Keyes asked about the letter from the HRM Lateral and them having a 15 foot easement on both sides. He heard McKay say they were dedicating a 20 foot common lot so you would own the 15 feet easement on both sides. McKay stated yes the 15 foot easement is along here (showed on map) and that is why they have a 20 foot common lot running all along there. Keyes asked if there was a 15 foot easement on the other side as they stated 15 feet on either side of the pipeline. McKay stated the 15 feet would be on their side, they are out 20 feet on our side. Keyes asked about them stating they would put curb, gutter and sidewalk along Wing Road and asked if this included along the five acre parcel the homeowner is retaining. McKay stated in the ACHD report they wanted them to put in curb, gutter and sidewalk down to about here (showed on map) but didn't want them to do this (the five acre parcel) until the parcel develops. Keyes asked if there will be some bike connectivity between the two subdivisions. McKay stated they will be building a detached five foot walk all along the north side and the south side of Beacon Light. She showed where there would be a pedestrian crossing at the intersection and then the five foot detached walk would continue on. Keyes asked if this would include sidewalks along the homeowners five acres, to which McKay stated yes. Chadwick noted they just received ACHD's report and in regard to their reference to their master street map that Beacon Light is a residential arterial with three lanes and on-street bike lanes and a 46 foot street section within a 72 foot right-of-way and asked what does Beacon Light look like in their design before them. It looks like two lanes and he is trying to understand why they are not doing what their master plan states. McKay stated they would be constructing that to an arterial standard and would be providing the 74 feet with three lanes and the bike lanes. Staff – Shawn Nickel, City Planner, stated he provided tonight a letter from ACHD, an updated ITD review dated March 15, 2019, a letter from the HRM Pipeline Lateral, and COMPASS Communities in Motion 2040 Development Review. Nickel asked McKay to point out their private road and noted the private road is for four lots in Greendale Grove. ACHD will not accept that as a public road because there is only four lots taking access off it; and the Fire District did not want common driveways to those four lots due to the topography as they could not take internal access off it, so they are asking for a private road to those lots which is included in the staff report. Public Testimony: Steve Greene, 9999 W. Star Acres Drive, Star, Idaho, stated he did not feel they should approve the R-3 zoning until the Comprehensive Plan, which is in the review process, is approved. He felt the R-3 is inappropriate adjacent to the oldest five-acre subdivision, Star Acres, and is a mismatch of sizes. He felt the current one to two acres in the current Comp Plan better fits into a transition environment which is more likely to happen further west, north and east of the development. Higher density developments increases traffic and could cause Beacon Light to reach a level F status sooner. He pointed out this is the Council's opportunity to keep density in check and asked they keep density as shown in the current Comp Plan. He pointed out Harwood Drive will serve the Star Acres off the proposed Beacon Light corridor. There are 75 homes there, both existing and proposed, that will use that road; and in their plan it is a local road and he would recommend it be designated as a collector which will eliminate parking and driveway access onto that short collector stretch. He believes it will become a MINUTES 1-15-19 3 choking point with the driveway access, parking along both sides of the road, and traffic from the five acre lots having agricultural equipment using the road. If it were to be a collector it would swing the backs of homes to the corridor, eliminating congestion. Guy Jones stated he represents Randy Nash's property which is directly north and east of the project. Their property addresses are 9990 Beacon Light and 3419 Hardway which is a private drive. They are concerned with drainage coming down from the north. There are 200 plus acres on a hillside directly north of them. They accept that drainage and it goes to an existing seepage pit and seepage trench directly on the east side of the proposed subdivision. They don't see anything accommodating that water shed. This is an existing/shared condition to accept the drainage and they are concerned if there are no accommodations made for that they will flood them out. He stated they are also concerned with the sewer tie-in and would like to have a tie-in for them to the west of their property. With the expansion of Beacon Light they will be land locked and not have access to sewer. They would like them to extend something over so they can tie in. The other thing is the water and they would like to discuss possibly connecting in with them. They plan to do something with the property in the future so these are pending concerns for them. Mr. Jones was asked to state his address which is 9990 Beacon Light and 3419 Hardway. Gary Smith, 258 S. Langer Lake Way, Star, Idaho, stated he attended the Comprehensive Plan meetings and it ties in with this project. He has read through the packet the Council received and he sees there is a constant message from ITD that the City is reminded that the State Highway 44 corridor is already congested. This project will increase the number of trips and as the City continues to increase traffic to this corridor the traffic will worsen until it is overloaded and fails. His concern is that we continue to pile on traffic before doing a regional traffic study. What we have failed at is looking at a much bigger picture. We are all looking at ITD expanding Highway 44 and he proposes that until ITD is free of their deficit that no further road expansion should be put in. His request to them is that until they have a Regional Traffic Impact Study in front of them that they table this development or any other development coming before them. Idaho Code allows them under the health, safety and welfare of your community to decide to hold or table. Keyes asked Smith if he had read down to the bottom of the letter from ITD that they do not object to the construction of this subdivision as presented in the application. Smith stated they are saying that particular subdivision; what we need to do and needs to be done at a State level is to say until a global regional study is done and they can say wait a minute, we are beyond our capability. We need to take a break and see what is happening here. Smith discussed how building subdivisions affects FEMA as an example of how new subdivisions affect roads. Keyes asked under what section of code he suggests they base this pause on. Smith stated it is under health, safety and welfare. Keyes noted all those references deal with imminent threats and didn't feel this applied. Smith stated the raising of taxes, the congestion of cars, the safety of citizens all affect the health, safety and welfare of everyone here. You have the right to say this impacts the health, safety and welfare of the people you represent and you can table or shelve it tonight. Brad Lentsch, 3050 N. Wing Road, Star, Idaho, stated he realized there will be progress and in no way is he saying this is an improper thing. He felt this will affect not only Highways 44 and 16 but also Pollard. He stated he moves a fair amount of farm equipment up and down the roads MINUTES 1-15-19 4 and it can get hairy at times. He is concerned with safety with the added traffic to Beacon Light and feels Beacon Light needs to be improved all the way through before the subdivision goes in. Morris Campbell, 3251 N. Wing Road, Star, Idaho, stated he represents the HRM Pipeline and wants the developer to know both properties have a major impact on the pipeline and if they have as much of a problem in dealing with this developer as they did with Trident Ridge that somebody needs to pay for his heart medicine. He gave credit to the Atkins for staying in the mess they are creating with this development when other developers do not live in their developments. The City's borders are going in all directions and needs to stop. We need to stop taking productive farm land out of production. Will Eason, 10174 W. Star Acres Drive, Star, Idaho, stated he is opposed to the rezoning of this property and agrees with previous statements. He stated the feeder road coming into this subdivision is not adequate and needs to be a larger road. He is concerned with Beacon Light only being three lanes. His biggest concern is the developer stated rezoning the development is compatible with adjacent properties but he feels it is not compatible with properties to the east and south which are five acre parcels. Eason stated he went to the planning open house and felt it was going to be a good plan. The plan is looking at avoiding exact situations as this. He requested they not make a decision until the new Comp Plan is out. Mary Jane Marlow, 10609 New Hope Road, Star, Idaho, stated she is not opposed overall to the project, but feels the density is too much. She is concerned with no parkway along the road; they need to ask them to have curb, sidewalks and parkways with tree lined streets. We need to put in less homes and have more parkways. She stated she is not opposed to the whole thing but feels it is too much, that we can have less density. Marlow noted no sale price was mentioned and didn't find the examples of homes that attractive. She wished they could be ranchettes. In order to mitigate some of this pollution and some of the drainage and runoff we need to have tree lined streets. Josh Austin, 10195 W. Beacon Light Road, Star, Idaho, stated he has 900 feet of Beacon Light frontage and that looks to change with this. They mentioned 17 feet of expansion of Beacon Light and the flyer he received looks like this is a 50 foot easement that is going to a 75 foot easement. He asked how they are planning on splitting the roadway enlargement and would like some clarification. Austin stated they farm and he is not sure how he will have access to his field to farm with this realignment and road expansion. He noted Star Acres under the new rezoning for the Comp Plan has them as special transition going from five acres to five homes to the acre and feels that is not the right decision. There needs to be some kind of transitioning to smaller homes and doesn't feel that fits the special transition definition. He is concerned with traffic dumping onto Brandon Road and will put a lot of stress on it. They also need to look at the corner of Beacon Light and Pollard turning right to the Middle School. Austin asked if the developer would be in favor of dark sky initiative to cut down on light pollution. Robert Fehlau, 2203 N. Sunny Lane, Star, Idaho, passed out a handout with comments. He would like to see transition with less density and suggested they wait until the new Comprehensive Plan is completed. The street that accesses through their subdivision, Hardwood Grove Drive, would be the access into Star Acres Subdivision. Star Acres has 30 separate lots, all of which are five acres or more and most are in agricultural use and need to have and MINUTES 1-15-19 5 maintain that right-of-way. Title 22 of the Idaho Right to Farm Act guarantees that agricultural land maintains those accesses and that street with parking on either side would not allow for equipment to get through. Fehlau stated that street should not have parking or lot access and should be a collector road. He shared a map that shows all the roads that are affected with the access to Hardwood Grove Drive. He pointed out there was a drawing in the packet he passed out that showed what the width of the street would be and the last page showed to scale the kind of problems they would have trying to get farm equipment access through Hardwood Grove Drive as a primary street. Mary Mitchell, 3140 N. Wing Road, Star, Idaho, stated her concern had already been brought up. It is with Hardwood Grove Drive and with safety to get equipment in and out of their five acres. Duane Johns, 10300 Rolling Hills Drive, Star, Idaho, stated it doesn't seem like the Highway District has the right to change the use of roads; like the use of Wing Road. He stated he can't imagine having a road go right through a subdivision. He felt it would be better to have open space at the southeast corner and have Wing Road go through as it does now. He questioned why take property off the south side of Beacon Light and will the property still be five acres. Since the developer is making the money off this, the road should be taken out of their property and not from property not part of the project. Johns was also concerned with the density; the Comprehensive Plan should not go from five acres to cramming houses so close together. John Pickens, 10200 W. Scenic View Lane, Star, Idaho, stated his property overlooks this development from the north. He asked if is R-3 that it not be averaged over the parcels but that it be congruent with the land. Pickens asked if it would have underground utilities and that street lighting be downcast or have dim lighting so it doesn't take away all their night sky. Traffic has already been hit on and it will be a nightmare. Kathleen Hutton, 10824 W. New Hope Road, Star, Idaho, stated they had written a letter with several concerns and Mitch Armuth met with her to discuss and clarified concerns for them. He assured them they would have access up their driveway at all times. They wanted it noted for the record they have agreed to put in additional vinyl fencing adjacent to the public right of way on Brandon Road along the property at 10820 W. New Hope Road of plus or minus 150 feet with development of that phase. Applicant Rebuttal – McKay stated as to the R-3 designation that all cities in the valley are experiencing growth pressures and developers are experiencing rising land cost, rising labor, and rising material costs; so they are struggling to build homes that people in Idaho can afford. When you have a density of one to two units per acre it would be too expensive for the average wage earner to afford. When you are putting in the sewer and water lines and all the amenities the economics just doesn't work. When looking from a planning perspective three dwelling units per acre is not high density, it is low to medium density. It is always problematic when transitioning against five acre parcels. They can do landscape buffering and put common areas in but when urban meets rural residential they need to work together. This is an urban area where growth is moving northward and moving eastward and is a logical growth pattern. They don't feel this project can be built at a lower density than the R-3 they are proposing. In regard to traffic a lot was said about Hardwood Grove Drive and they have discussed this and Mitch Armuth has indicated the applicant is willing to put detached sidewalks on both sides, which will MINUTES 1-15-19 6 be 36 feet back to back, and will sign it no parking on both sides so there will be no conflict with the traffic coming out. In their traffic study they evaluated the number of lots in Star Acres that will be coming through here and they have thirteen lots. The new local street can carry up to 1,000 and the existing local street can carry 2,000. The thirteen lots will generate 122 trips, and when you factor in thirty lots is doesn't make since to make it a collector roadway when it won't even carry half the volume that a standard local street can carry. It was brought up about drainage from the north and there is a pipe and pump station in this area and they will have a significant amount of green space for storm drainage retention. They will also have piping to collect and drain water to common areas in the project. Sewer will be coming through Trident Ridge and stub to their eastern boundary. They are required to retain and pass on any live water to and through the property. ITD has done extensive studies on Highway 44 and they are finally starting to take action and allocate funds to upgrade State Highway 44 and expand it to accommodate increased traffic. COMPASS is the regional planning agency for the valley and they help the Treasure Valley to plan for growth. ACHD is taking in more impact fee monies and spending more on improvements, intersection improvement, signals, and roundabouts than they have ever spent. ACHD has determined that the zigzag at Beacon Light is not safe as well as the one on Pollard and are being proactive in making them safe. Traffic safety was brought up, and part of their traffic study by Thompson Engineers looked at crash data and over the last four years at Wing and Beacon Light there have been a total of six accidents with two injuries. At Highway 16 and Beacon Light there were 15 accidents and a signal light has gone in there this last year. McKay stated they will work with the HRM Pipeline and protect it. They will meet with them and walk it, talk it, and will make sure they provide easements, pipe the facility based on information they are given and work with them on the type of materials they want. There was talk about protecting farmland and she acknowledged farmland is being gobbled up with development. But when times are hard and the opportunity arises the owner needs to take advantage of it. As for the Comprehensive Plan she coordinated with Mr. Butler about the plans for this area and met multiple times with Cathy Ward and R-3 zoning was already established up here with Trident Ridge and they are right at that R-3 with these projects. City ordinance states they will have to plant a tree every 35 feet along paths and street corridors. The value of these homes are estimated to be between $235,000 and $325.000 and if cost continue to escalate the cost can go up. In regards to the right-of-way along Beacon Light, McKay explained the various footage to the north. ACHD wants to work with the property owner to the south to purchase right-of-way. They tried to avoid going into the property to the south, but nothing they tried met ACHD standards for an arterial. What is being proposed is what ACHD says is safe for an arterial roadway. As for dark skies, the City ordinance requires decorative lights, and they will make sure they meet the standards for pointing downward so they don't have the ambient light falling onto the neighboring properties. Staff will review the lights and standards. They will have all utilities underground. McKay stated they felt they have a good project and it will benefit this area. In addition to the improvements they will be making, they will be paying impact fees to make streets safe. They will work with the landowners to make sure they are happy and make sure everything they have agreed to is done. They are willing to enter into a development agreement and have these provisions set forth. She asked the Council to support this project and did not feel the need to wait for the approval of the new Comp Plan because this is already an R-3 area. Chadwick asked what the acreage of the southeast corner of Greendale, the triangle from Beacon Light to New Hope. McKay stated she estimated it to be about 17 acres. Chadwick stated he MINUTES 1-15-19 7 likes everything about the project, except the triangle piece was a hang-up for him because it is next to five acre parcels and they have no transition for that. He asked if there couldn't be half- acre parcels there and eliminate any access off of Hardwood Grove; that that would make it more of a transitional piece. As wide as Beacon Light will be it will be the transitional piece on the north. Nielsen stated he was confused with Chadwick's last statement as there is the existing Wing Road which will be about 20 feet smaller than the Beacon Light transition. He felt they should be consistent, if you have half-acre parcels to the east you should have half-acre parcels to the north. Chadwick stated he didn't feel that was necessary but if Nielsen did they should talk about it. McKay stated she consulted with the applicant and the applicant stated the half-acre lots would not work for them but they would go with third-acre lots and make Hardwood Grove a collector street. McKay stated she could redesign the lots in that area and pointed out they have a twenty foot buffer along Wing Road. They will not be looking at houses but at the landscape buffer along Wing Road. Chadwick pointed out they are really working at dark sky lighting and McKay stated they could put up shields and when they put some trees along the edge that will also keep the ambient light. Nielsen asked about the private road and maintenance. McKay noted that staff pointed out ACHD will not accept cul-de-sacs with four to six lots because it's not cost effective to maintain and the Fire Chief doesn't want to see any shared driveways, so the only option is to make a private road with the homeowners maintaining the road. Nielsen asked if they can connect it through. McKay stated they couldn't due to the grade there. Nielsen asked if they could connect the two cul-de-sacs and McKay stated it wasn't possible as one is high and the other is low and there is a gully between them. Nielsen asked they add to the HOA covenants that the homeowners are required to maintain the private road and to have adequate funding; McKay stated that could be added. Nielsen stated he felt it will be hard to enforce no parking along Hardwood Grove unless it is made a collector street. Nielsen asked if they have had any discussion with the homeowner, whom ACHD will need to purchase right-of-way from, regarding his access to his property. McKay explained some of the processes ACHD uses to buy property. Obviously the best solution to come to is a fair market agreement. She reiterated ACHD feels this is the best road plan for Beacon Light realignment to meet arterial standards for safety, curves, radiuses and taking into consideration Brandon and Wing Roads. Nielsen stated he felt there are opportunities to have more of a transitional feel with the third-acre lots to the west and would like to consider the same to the north with landscape buffers for more of a transitional feel for the five acres. McKay pointed out they have landscape buffers along there and they are across a larger arterial road. As the entrance to Star Acres is off Wing Road it makes sense to have larger lots with buffer and a collector street, but to the north there is an arterial road with buffer and no access to Star Acres off Beacon Light. Nielsen noted he felt transitional use was gradual changing of lot sizes. McKay pointed out the current Comp Plan has that area as neighborhood commercial. Keyes stated there was a request for mitigation in the ITD report and asked her to speak to it. McKay stated she did review ITD's comment on mitigation and the problem is ITD will not go out and get right-of-ways so they can extend any of the turn lanes. ACHD stated they are not in agreement with ITD's comments and are not putting them in their reports as conditions of approval. This project does not abut a state highway so how far do you go in mitigating. In their traffic study all intersections are operating within acceptable limits of service. Keyes asked McKay if she knew if Mr. Austin is agreeable to selling that property or will it go to imminent MINUTES 1-15-19 8 domain. McKay stated she could not speak for Mr. Austin. ACHD tries to work with property owners; the last resort is to condemn the property. Keyes stated that with the effort put into the Comp Plan it should be reflected in what they do with this decision. He feels the project should be delayed to see how this project is reflected in the Comp Use Map. He mentions that last fall they had concerns with transitioning with the Willowbrook project with matching five and ten acre parcels up with one acre lots. He believes they are looking for more of that type of transitioning. Keyes stated he felt Greendale Grove is nicely done and matches up with Trident Ridge and is ready to go with it. He is struggling with Greendale and transitioning of lots. McKay noted the biggest problem with the southern parcel is when you take out a large swatch of land and have landscaping on both sides for that arterial they did struggle trying to make that work. By going to third acres lot and a collector it is still maintaining a buffer along Wing Road, and with pathways throughout to the common area she felt they can still achieve proper transitioning. It is tough working with a triangle. Keyes stated he is struggling with agricultural equipment going through the subdivision to get in and out of the Star Acre parcels. McKay pointed out with that road being a collector there would be no lots along it with driveway access. They would have lots off the cul-de-sac and lots off the little loop and lots off another street. Hardwood Grove would be a 36 foot wide street, with tree lined sidewalks and no lots on it. She noted that is how she would solve that conflict. Mayor Bell closed the public hearing and moved to deliberations. Keyes stated there is a lot of good things in this application but would like to see the Comprehensive Plan in front of this Council and with the precedence set with Willowbrook he thinks the applicant can do a little more work on the transitioning of the Greendale portion of this to have a better buffer. He would like to give the applicant time to do those things. Keyes motioned to table this application for two months to give us time to get our Comprehensive Plan and digest that and to give the applicant time to look at this. Motion died for lack of a second. Chadwick stated he would like to see the transition on the southeast quadrant at half to third acre lots. He would also like to table this but is not sure of a timeframe. Mayor Bell noted they have no idea when the new Comp Plan will be a viable document. There is a public hearing set for April 22nd and that is the first time you will actually get to act on it. You do not know if it will be approved that night. We need to make a decision based on whether you think this is a good application or not. If you have things you want to see different you can table the application to work toward a resolution, but not because you have a Comp Plan on the horizon. Keyes noted their decision tonight is purely discretionary. Nielsen stated the issue he has with the motion is along the lines the Mayor spoke of. It doesn't matter what the future Comprehensive Plan says, this application is under the current Comp Plan. The current Comprehensive Plan has this area as low density with one or two lots per acre and that suits more of what he has in mind and feels is more appropriate for this area. For that reason he is not in favor of approving this annexation or the comprehensive map change at this time. Chadwick stated he is in favor of tabling to have it reworked; he is not in favor of denying. MINUTES 1-15-19 9 Nielsen stated he felt the applicant has not demonstrated they are willing to make changes. Chadwick stated he felt they have demonstrated willingness to change what he requested on the southeast quadrant. They can tell them what they want and then decide whether to approve or not. Keyes agreed they can table and approve or deny later. Nickel's noted if they decide to table, some dates to consider are April 23rd and May 7th. Keyes moved to table this to May 7th and limit the discussion at that point to the southern portion of this project to give them time to consider a few things, Chadwick seconded the motion. Keyes and Chadwick aye, Nielsen nay: motion carried. Public Hearing – Moon Valley Subdivision (tabled to April 16, 2019) - Mayor Bell asked for a motion to table this public hearing. Chadwick moved to table the Moon Valley Subdivision Annexation & Zoning to April 16, 2019, Keyes seconded the motion. All ayes: motion carried. Ordinance No. 284 11810 New Hope Road Annexation & Zoning – Nielsen 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. 284 be considered after reading once by title only, Keyes seconded the motion. Roll Call: Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Chadwick moved to approve Ordinance No. 284, an Ordinance annexing to the City of Star, Idaho certain real property owned by DPL Investments LLC, in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star, located at 11810 W. New Hope Road, establishing the zoning classification of the annexed property as Residential (R-3) of approximately one acre; directing that certified copies of this Ordinance be filed as provided by law; providing for related matters; and providing an effective date. Nielsen seconded the motion. All ayes: motion carried. Ordinance No. 285 S. Crystal Springs Rezone & Preliminary Plat with two Development Agreements – Nielsen 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. 285 be considered after reading once by title only, Chadwick seconded the motion. Chadwick asked for clarity that the 55’ height was not happening and construction height was going back to City code. Chris Yorgason, legal counsel, stated that was correct. Keyes noted in the development agreement the developer has agreed to participate in funding of a traffic light at Moyle Road if traffic studies require it; he asked if the light is required someplace other than Moyle Road but in the proximity, will this still hold or is it literally just at Moyle? Mayor Bell pointed out it will be up to ITD where that light will be located. Yorgason stated that as drafted it applies specifically at Moyle Road and Highway 44. If they want to change that to something else it will require a new public hearing. The City can request a change and do an amendment. This development agreement is the one that was approved at the public hearing process. Yorgason recommended they approve as is and if they want to amend it to do it at a public hearing for the amendment only. Roll Call: Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. MINUTES 1-15-19 10 Chadwick moved to approve Ordinance No. 285, an Ordinance of the City of Star, Idaho, rezoning property belonging to US19 and Star River Properties at S. Crystal Springs (“Exhibit A”) to reflect the changes to the multi-family parcel of Residential (R14-DA); reflecting changes to the Multi-Family Development Agreement, limiting units to 196, removing the 55’ building height, requiring traffic impact studies for both residential and commercial developments and requiring the development to pay their pro-rata share for signalization; repealing Ordinance No. 258; and providing for an effective date. Nielsen seconded the motion. Keyes stated for the record that he wanted to clarify that he had previously voted against this application at previous public hearing not because he was against the development but because they did not have a plan to support it. Subsequently the applicant has shared a concept plan with him and he feels they intend to bring a good product to the City. All ayes: motion carried. Request for funding for the Horse Expo Program – Mayor Bell explained they are being asked to donate funds to the Horse Expo and they had donated once in the past. A donation would list the City as a sponsor in their flyer and we could hang a banner. It was noted this event is not in our City but we do have residents who participate. The Council unanimously agreed that they didn't feel it was a good use of the tax payer's money as the event was not taking place in our City. The Mayor stated they would let them know the Council's decision. Ratification of members for Canyon County Highway District #4 Committee – Mayor Bell stated the Council has before them a recommendation to appointed Trevor Chadwick, our transportation liaison, Shawn Nickel, City Planner, and Chris Todd, a member f our development community to the Canyon County Highway District #4 Committee for impact fees. He asked for a motion to ratify the names. Nielsen moved to ratify having Trevor Chadwick, Shawn Nickel and Chris Todd to be on the Canyon County Highway District #4 Committee, Chadwick seconded the motion. All ayes: motion carried. Nickel stated he would notify them in the morning of the ratification. Discussion about Recycling – Orange Bag Program- Mayor Bell explained Republic Services is looking at the Orange Bag Program and Rachelle Klein, following her presentation to the Council, went back to their powers to be and they will donate a $1,000.00 to buy bags or donate up t0 $1,000.00 worth of bags to the City to start the program. Chadwick stated he felt we should ask to have the bags donated and promote the program on the City webpage and facebook pages. Nielsen and Keyes agreed with Chadwick to have the bags delivered to City Hall and citizens can pick them up from there. The Mayor stated we will let Republic Services know about the Council decision. Reports: Staff - Chief Jake Vogt noted that at the last meeting they had discussed the possibility of flooding and wanted to let everyone know we are now in a good position and they are cutting back on the amount of water being released down the river at this time. Shawn Nickel stated the Council had before them a request from ACHD to prioritize projects for 2019 that the City would like to see on the Five-Year Work Plan. They can approve the list as is, rearrange it, or make changes. He noted the plan needed to be to ACHD by March 16th but they MINUTES 1-15-19 11 have extended the deadline for us to discuss tonight, but do need soon. Chadwick stated he had some suggestions to add to the plan and would get them to Nickels Thursday. Nickels stated the Council had a draft of the letter to ITD and if the Council approves it he will have it prepared for the Mayor's signature. The Council was in agreement with the letter and with the Mayor signing. Council – Nielsen stated the Economic Development Committee meeting had to be postponed and he was happy with Comprehensive Plan Open House and the progress they are seeing there. Chadwick stated the Pathways Committee has met and Chris Todd has put some information together for them on how our pathways should be. He was able to attend the open house for the new Comp Plan and felt they got a lot of good information from the meetings. He commended Mark Butler, Shawn Nickel and Dave Szplett for getting all of it together. Keyes stated he attended three Chamber events including two ribbon cutting. He stated he has helped draft in his role on the Air Quality Board an electronic attendance policy so people could attend remotely and would like to see such a policy in place for the City. He noted he has heard about a tree program in Eagle and would like to see Star start such a project. The Beautification and Community Relations Committee's "Letters from Home" veterans' event is scheduled for May 18th. He was able to attend all three Comp Plan open houses. Mayor – The Mayor stated Saturday he attended the American Legion Post in Middleton's dedication of their new building and flag ceremony. The building was donated for their use by a businessman in Middleton. He had a meeting this week with a citizen who would like to develop something in our City but he cannot say at this time what they discussed. Chadwick noted they are still looking for veteran letters for the ceremony on May 18th. Adjournment: The Mayor adjourned the meeting at 9:45 pm. Approved: _______________________ Respectfully submitted: Charlten Bell, Mayor ______________________________ Kathleen Hutton, Deputy City Clerk MINUTES 1-15-19 12