City Council Special Meeting

STAR CITY COUNCIL SPECIAL MEETING MINUTES July 28, 2020 1. CALL TO ORDER: The special session of the Star City Council was held on Tuesday, July 28, 2020 at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. 2. ROLL CALL: Council Present: David Hershey, Michael Keyes, Jennifer Salmonsen, Kevin Nielsen Council Absent: None 3. APPROVAL OF THE AGENDA: Keyes moved to approve the agenda. Hershey seconded the motion. All ayes. Motion carried. 4. CONSENT AGENDA: Keyes moved to approve the consent agenda with removing the Findings of Fact & Conclusions of Law items under 4A, due to needing more information. Salmonsen seconded the motion. All ayes. Motion carried. 6. OLD/NEW BUSINESS: A) Public Hearing- Norterra Subdivision (Sample Property) The Mayor opened the Public Hearing. No ex parte contact from any Council members. Applicant: Tamara Thompson with The Land Group, representing TG Development who was unable to attend in person. Office address - 462 East Shore Drive, Eagle, ID 83616. The Applicant is seeking approval of an Annexation and Zoning (to Residential- R-7 and Central Business District-CBD), a Development Agreement, a Preliminary Plat for a proposed residential and commercial subdivision consisting of 118 residential lots, 23 commercial lots and 8 common lots and private streets (alleyways). The property is located at 12080 W State Street and consists of 48.43 acres. Thompson detailed the planned vision for the property including residential and commercial use. Keyes had several questions and clarifications including ACHD's and the City of Star's road standard, a road ending in a cul de sac, concerns regarding the Traffic Impact Study from ITD and ACHD, access issues, and asked if they would have any issue with connecting a street if the City got approval. Nielsen confirmed that they had referenced the tree selection guide and made sure the landscape was in compliance with the City Code. Hershey asked for clarification on an exit, open space and townhouse square footage. Salmonsen had several questions regarding access points, asked if they could put in a micro path/stubs and asked about a Neighborhood meeting and their change of plans. The Mayor responded that he had asked them to make changes for a better fit. Applicant's Client: Dustin Garr with TG Development, speaking via Zoom. 2487 E La Grasse Circle, St George UT 84790. Garr clarified the home size and explained the change was to have a better transition, more openness, less density and fits better with the City of Star. STAR CITY COUNCIL SPECIAL MEETING JULY 28, 2020 1  Public Testimony: Virginia Bayuk, 143 S Long Bayou Way, Star ID 83669. She asked how this development is not accounted for by the developer in the way of creating bigger roads and having lights. She stated that it is already a bad traffic situation and with more people being on the road, wanted to know how that would be handled? Bayuk also expressed concern about it being unsafe to walk along Highway 44. She mentioned that people moved to Star with the intent that it would remain a small town and she wants to make sure the infrastructure is right to keep it that way. Richard Stuppy, 22153 Can Ada Road, Star ID 83669. He is concerned that the first opening to the subdivision goes directly into his driveway and he would appreciate if it could be moved 40 feet either way. Chris Grooms, 12383 W Hidden Brook Dr, Star ID 83669. He said he has watched other subdivisions go in near them with no open space and does not see any usable space for children to play. He is also concerned about the traffic situation and would like to at least have a turn lane. Additionally, he is concerned about the 5 ft setbacks both for fire safety and general neighborhood private space and would like to see at least 10 foot setbacks. Chris Todd, 53 N Plummer Rd, Star ID 83669. He wanted clarification on several items, including a sidewalk along Highway 44, commercial uses in the CBD area, needing a conditional use permit, the development agreement, and hotel parking concerns. He mentioned wanting to get the speed limit lowered to 35 mph from Highbrook to Can Ada and hoped this subdivision would help with that effort. The Mayor mentioned they were previously working on the speed limit and will continue to. Rebuttal: Thompson confirmed that there was a Traffic Study done and there are plans for improving Highway 44, including a light at Highbrook. She addressed the open space and said that the ditch will be piped and there will be a pathway over the piped area. The open space exceeds the City requirements, and they do have space for a soccer field and picnic area. The 5 ft setbacks meet standards and was approved by the Fire Dept. She addressed the sidewalk along Highway 44, the development agreement, commercial use and their different phases. Phase 1 is residential, phase 2 is the Western half of the property and Phase 3 is the Assisted living. She also said they would be happy to help with lowering the speed limit. Dustin Garr mentioned that they do intend to put a play structure in the open space area and make it a more usable space. The Mayor asked how much right of way they were providing for ITD's widening and if it would include a right-in dece1 lane going West Bound and asked if they would be willing to put a decel lane in this location. Thompson agreed to that. The Mayor discussed the proportionate share agreement. Salmonsen asked about a fuel station and clarified the conditional use permits. Building/Zoning Administrator, Shawn Nickel reminded that this was a conceptual design that and each step would need to be approved. Keyes asked if the applicant would agree to grant an easement to the city on the area where the piped ditch is. Thompson expressed concern about losing control of the property. Garr would have to research that area but if it is feasible, they would add it to the development agreement. Keyes also asked for the playground to be added to the development agreement, adding the Senior Center to be limited to Phase 2 only, having the connectivity with the public road to Deerhaven, and making sure the issues with ACHD and lTD would be taken care of. There was discussion about the light at Highbrook, conditional use permits and property maintenance. The Mayor closed the Public Hearing and went into deliberations. Hershey expressed concern about several items and suggested tabling until some issues were worked out. Keyes, Nielsen and Salmonsen all agreed that it would be beneficial to table. STAR CITY COUNCIL SPECIAL MEETING JULY 28, 2020 2 � Hershey moved to table the Norterra Subdivision until August 18, specifically for the traffic issues and getting further information on conditional permits and all other conditions previously discussed. Keyes seconded the motion. All ayes. Motion carried. B) Public Hearing - Whitener Property 10206 W State St The Mayor opened the Public Hearing. No ex parte contact from any Council members. Applicant: Jay Gibbons, representing Phil Whitener. 2002 S Vista Ave, Boise ID 83705. The Applicant is seeking approval of a Rezone from Mixed Use (MU-DA) to Central Business District (CBD) and a Planned Unit Development for a commercial and single-family residential development consisting of 28 townhomes and approximately 22,164 square feet of commercial/retail space. The property is located at 10206 W. State Street in Star, Idaho, and consists of 4.76 acres with a proposed residential density of 5.88 dwelling units per acre. This hearing follows up on a previous hearing that was tabled and a workshop with the Council. The concept plan presented reflected the changes and clarifications that the Council requested. Keyes clarified reports reflecting the old concepts and the classifications of houses. Salmonsen asked about the 1910 home and any historical value. The Mayor asked about having a development agreement and requiring a timing component for commercial to be built along with residential. Keyes encouraged them to do mixed- use buildings on the bottom floor and put screening between the existing neighborhood. Salmonsen asked about adding the additional amenity mentioned in the staff report. The Mayor closed the Public Hearing and went into deliberations. All Council members expressed appreciation for the effort they put into making the requested changes and producing an improved product. Nielsen moved to approve with all changes and additions previously discussed and adding a timing component that the buildings along State Street will be completed concurrent with 50% of residential housing and add ITD's proportionate share into the development agreement. Hershey seconded he motion. All ayes. Motion carried. 5 MINUTE RECESS C) Public Hearing- Ridley's Heron River Commercial Sub {Les Schwab) The Mayor opened the Public Hearing. No ex parte contact from any Council members. Applicant: Jared Mitchell, representing Mark Ridley, via Zoom. 1850 W 2100 S, Salt Lake City UT 84119. Applicant: Michael White, representing Les Schwab, via Zoom. 7584 S Teller Ct, Littleton CO 80128 The Applicants seek approval of a Rezone (to Central Business District-CBD) with a Development Agreement, a Preliminary Plat for a proposed commercial subdivision consisting of 6 lots, and a Conditional Use Permit for a Tire Center. The property is located at 145 S. Plummer Way, 9651, 9687, 9759, 9803, 9781, 9839 & 9911 W. State Street, and consists of 11.39 acres. Mitchell mentioned that Les Schwab is a significant component to this rezone and the four other lots that are included. He summarized his plan to have a mix of commercial use to make it accommodating to the rest of the City. White detailed his plan for the Les Schwab and mentioned adding tire storage. Civil Engineer, Shawn Young was also in attendance via Zoom. Keyes and Planning/Zoning Administrator, Shawn Nickel talked about the development agreement for this project. Keyes inquired about noise mitigation and parking larger non- standard vehicles and asked about creating further buffers. Salmonsen asked about the proposed approach on the landscape plan. Public Testimony: Jeannie Nail, 11887 W Pinewood River Lane, Star ID 83669. She has nothing against Les Schwab but questioned the need for another tire store in Star, as there are already two tires stores and several auto care stores and didn't think there was need for another tire store in this city. STAR CITY COUNCIL SPECIAL MEETING JULY 28, 2020 3 Rebuttal: White responded that Les Schwab is careful in their selection of locations and walked away from several other locations in Star before deciding on this one. From Les Schwab's position, they are confident that this would be a successful location. He added that Les Schwab is a community focused company and community service and philanthropy would be an added benefit to the community. The Mayor closed the Public Hearing and went into deliberations. Nielsen, Keyes, Hershey and Salmonsen expressed support with a condition on noise mitigation and conditional use permit. Keyes moved to approve with additional noise mitigation in the conditional use permit between the main building and the bullpen on the Les Schwab property. Hershey seconded the motion. All ayes. Motion carried. D) Public Hearfng - 10040 W State St Annexation (Seneca Springs) The Mayor opened the Public Hearing. No ex parte contact from any Council members. Applicant: Travis Stroud, 1980 S Meridian Rd Ste 140, Meridian ID 83642. The Applicant is seeking approval of an Annexation and Zoning (to Central Business District- CBD-DA) and a Development Agreement. The property is located at 10040 W. State Street and consists of .93 acres. He spoke about cross access and working with the adjoining neighbor and asking for a drive through. Keyes mentioned concern from the Neighborhood Association regarding their irrigation water supply and creating an agreement with them for payment and maintenance. Stroud had not heard about this before and is more than willing to work with them. Salmonsen and the Mayor asked about the right-in/right-out only. The Mayor clarified a connection to l51 Street and if it would be a public road. Public Testimony: Marv West, 10174 Hwy 44, Star ID 83669. He lives between the two properties in question. He had no issues with this property, has issues on the other but was too late to be able to speak on it. Nielsen asked if Stroud had options for the rest of the parcel and Stroud responded that the seller had decided to explore other options. Nickel recommended that they require cross access easements to the West and North for future connections. The Mayor closed the Public Hearing and went into deliberations. Keyes moved to approve including future ITD proportionate share, cross access agreement and working with the neighborhood to resolved irrigation and coming up with a pressurized Irrigation agreement. Hershey seconded the motion. All ayes. Motion carried. E) Request for Proposal (RFP) For Professional Services - South of the River Sub-Area Plan. There were some adjustments on the scope of work and dates. Keyes moved to approve the RFP with amendments. Nielsen seconded the motion. City Attorney, Chris Vargason commented that there is a scoring mechanism to determine the most qualified, not just based on price. All ayes. Motion carried. ADJOURNMENT: The Mayor adjourned the meeting at 9:39 pm. Respectfully submitted: Meredlt� City Clerk STAR CITY COUNCIL SPECIAL MEETING JULY 28, 2020 4