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1 Star City Council Meeting Minutes April 4, 2017 The regular meeting of the Star City Council was held on April 4, 2017 at 7:00 pm at the Star Elementary School, 700 N. Star Road, Star, Idaho. Mayor Chad Bell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Richard Lockett, Trevor Chadwick and Kevin Nielsen were all present. Approval of the Agenda: Councilman Chadwick moved to approve the agenda, seconded by Lockett. All ayes: motion carried. Consent Agenda: Chadwick moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of March 21, 2017, Retreat Notes of February 24 & 25, 2017, Claims Against the City for March 2017, Starcreek Final Plat, Phase 3 and Liquor Licenses for: Maverik, Sully’s Pub & Grill and Star Mercantile, Lockett seconded the motion. All ayes: motion carried. Old/New Business: S. Springs Court – Rezone & 2 Development Agreements – Deliberations – The Mayor explained that they had closed the public hearing two weeks ago and were moving to deliberations tonight. Chadwick voiced opposition under the Comp Plan which shows this as a low use area. He has an issue with traffic. Wildbranch is a local street that feeds into a collector. He felt through traffic should be discouraged. ACHD classifies local streets as having local traffic of up to 2000 cars. Per ACHD traffic info – apartment unit generates 6.65 traffic cars – 1596 traffic counts per day – 15 acres of commercial per 1000 square feet of use generates 420 more vehicles – fast food establishments generate 500 trips per day. The number of residents in the proposed cloverleaf could be 60 residents generating 600 traffic trips. We can’t guarantee where the traffic will go. Wildbranch could turn into a collector with that type of traffic. By putting in this one complex we could be putting 3,000 traffic trips through Wildbranch. He does not believe this is the right fit at this time. If they can alleviate the traffic at Wildbranch then it may be appropriate to have development. Neilsen stated the key word here is assumptions and you can do math all you want but the facts are provided from ITD and ACHD and both have said the roads are sufficient today. Everybody is in agreement that the commercial will require more impact. You can’t make assumptions. When Pristine Meadows was connected to Saddlebrook they were worried about the impact of traffic and it did happen. We are not traffic engineers and will leave that to the experts. Nielson ask if TJ was willing to address the changes in the Development Agreements’s. TJ 9473 Pantian Ct., Boise, addressed the question about specific units, they are asking for R13 zoning, 194 units would be workable instead of the 240 units originally ---PAGE BREAK--- 2 requested, but 196 units would work better as it divides out better per building. In his view this zoning is a fairly low density development. It provides a better buffer – high density would be 30 units per acres. Larger buildings would have more open space and they are willing to consider it. Hershey stated he liked the idea for the lower number of units, reducing to 196 units would be 44 units less. They can’t discuss these items because it’s not legal. stated they can build a viable market for this kind of project, the demand is high in this area. Another point of discussion was parking spaces, and they are willing to do two spaces per dwelling units – one covered, some may be carports and some may be garages, and one open parking space. Open space will be open space, drainage swells will not be included in the open space; they don’t have any problem with doing that. Additional amenities are not a problem. A walking path around the complex would be a nice amenity, with possibly a connecting path to the river walk, though part of property is in the flood way and they can’t intrude or build into it. They will maintain the existing path. There is a way to treat a path to allow wheelchair access. They would consider if the City wants to make a public access, but some people in the room don’t want public access. He understands wanting public access, but it’s not always a good thing when it goes next to people’s property. He noted concerns about the greenbelt in Garden City, that it has been a problem. A fourth amenity was possibly an amenity at the club house. He would be interested in possibly a boat launch, but again noted they can’t build a road or ramp in the flood way. Chris Yorgason, City Attorney, pointed out it would be up to the Army Corp to determine. stated they would be willing to work with the City. suggested a mixed use court for a couple sports, such as, pickle ball, tennis, and basketball. In regards to height restriction, he would like taller buildings to allow for more open space, possibly 4 story. An example are buildings next to the village in Meridian. They will be doing a market study before they build the apartments regarding sizes, one, two, or three bedroom. He doesn’t have that data right now. Chadwick asked what height requirements would be required for a quality product. stated the height that would be required would be 45 feet for three story, and four story would be 55 maybe 50 feet. The buildings are wide. The pitch of the roof was discussed. Other suggestions were they are willing to bond for a traffic signal if it’s for the entire site. They do want it to be safe. They would be willing to pay for the signal if it was required. We don’t know what will develop. They are willing to bond for a traffic signal if warranted at 35%, it would be an asset. People are already complaining about the State Street traffic. Commercial vs the residential is a much lower need for a signal – any commercial would require a traffic light. They have agreed to work on traffic mitigation with Heron River and have them be involved in a traffic study. He noted Heron River residents are using the road now. They would be willing to work with everyone on the signal. It needs to be determined who will pay for the signal. In his mind there is no commercial user to pay for the signal. They are willing to participate with a master plan and need a development agreement. They agree with the pro rata amount, but do not know the size of the study area. Heron River and Wildbranch cut through; they are okay with a recommendation for a knuckle to cut through coming from Calhoun Street and they are in support of it being one way. He wants it to be safe whatever it takes. agreed they should not use anything that causes problems for animals in the landscaping. They would ---PAGE BREAK--- 3 increase the amount of landscaping as they believe it looks good. He noted he loves landscaping. He would want to extend the landscaping and bring habitat; not sure about doubling landscaping but willing to do more than what’s required. Increasing landscaping is not a problem. Landscape lighting will be provided at two foot candlelight for parking and amenities. What he found was that candlelight was denoted in a range, and the average is two candle feet. The goal is dark sky lighting and a well-lit parking lot. A well-lit parking lot and path to homes is safer and they will maintain that kind of lighting for the residents. Nielsen stated he had hit the nail on the head as it is about safety and six foot is the standard and bulbs are designed for that. noted his planner did not come tonight to address the lighting. Nielsen pointed out this is in an isolated spot. stated they had considered river access; there is an overpass there and they don’t want residents to have access to that. How do we keep people from congregating there? He would like to address it now. Nielsen recapped items discussed which included reducing to 196 units, two parking spaces per unit, walking path around complex and connecting path to river, multi-use ball court, additional landscaping, a club house, and possible boat launch. Lockett stated he had a list of questions for and asked if he had a Notice of Acceptance of Plans stating the application is complete; Ward stated there was a phone call, stated he believed he received a letter. Lockett asked if he knew why we have the Unified Development Code – it is there to protect people. He had just brought up the Village Apartments and Glenwood Apartments and Lockett asked what’s the difference between theirs and ours is that the apartments don't go through neighborhoods and local roads to get to collector roads. Lockett doesn't feel it meets our code for 35' height and doesn’t feel it would be great for that location. asked Locket what he would like to see it there. Asked if the code didn't say that high density apartments, multifamily and commercial should go next to roads and act as a buffer. ask Locket if there has been any exparte contact to which Locket stated very little. Chadwick asked if they were able to get the Army Corp to permit a boat launch would he be willing to participate. stated he would. It would be used for floaters. Nielsen noted open space did not include drainage areas, the amenities included a paved walking path, although connecting to the river is a legitimate concern, would give easements. The flood ways where the abutment is and where Larson’s trees start is a little more than an acre. He can dig a pond. The river walk path is already there and it is already paved and serviceable. If the City would like they can take over the paved path. The business center is a go, courts are a go and did have some listed. To understand it correctly, if we reduce building height it may reduce amenities. Height restriction to increase to 55' to four story would mean more amenities and a greater sound barrier. Bonding for traffic signal when warranted and required could be a condition. noted commercial could not be developed without a light; he may have to bond for it now and pay for it all if no other properties develop by then. Generally you bond for a year bond. Chadwick asked if he could get a multi year bond to which said yes. Nielsen noted they will be working on the master plan and has stated he is willing to participate. They will work with ACHD to find a solution regarding Wildbranch. No toxic plants to wildlife will be planted. is willing to submit a landscape plan and make it ---PAGE BREAK--- 4 negotiable with the City. He would agree that all would be landscaped the same. Neilsen asked if the lot split for the residential and commercial parcels has been completed to which stated yes and it has been recorded. The biggest issue is traffic and commercial will cause the most issues. Nielsen asked what his thoughts were regarding holding off on the commercial part. It was zoned previously as C1 and it was approved. stated he would like the zoning in place now, to allow him to start marketing for the commercial and hoping to get feedback. Nielsen stated he has read the current plan and that this kind of project is destined for this location. It lets the users know that they won’t have this fight and have community support. It makes sense to get the zoning and he is willing to have a condition that he has to have a second public hearing if they change zoning. stated he is willing to wait to get building permits until after the traffic study is done and will build when they are in compliance. noted the billboards have attracted a lot of attention with a lot of input from Heron River. He would love to have permission for these, but realizes they may not be appropriate for Star. The City needs to get business in the downtown core and local businesses are going to want to pay for billboards; maybe it shouldn’t be three but he is planning ahead not being greedy. Nielsen noted the commercial DA application has to come to them based on law and one area that he is willing to go with the voice of public is in regards to the billboards. He agrees that they will bring business to Star, but this is not part of the law and he feels it may be too early for the signs. Chadwick stated he felt the signs are not the right feel for Star. stated he is willing to withdraw the billboards from the development application and would cross that bridge later. Nielson asked if zoned C1 would the agriculture uses continue and then discontinue once residential building starts. stated they would like to continue to farm the ground closer to the road until they start developing the commercial. They have a farmer who will actively farm the good ground and keep the weeds down. Nielsen asked if he agreed to an additional egress and ingress to the west to which he stated he did agree. Chadwick verified they were striking the signs (billboards), but will still work on the monument sign. stated they could still work on the City’s monument sign. The Mayor thanked and asked for any other comments. Lockett reminded the Council that the 44 corridor is already congested and they have another applicant coming up that will do the same. ITD does not have any money to remedy this. Nielsen noted Middleton and Nampa will continue to build and put cars on the road. Nielsen moved to approve applications RZ-16-02, DA-16-01 and DA-16-02 with amendments negotiated tonight and including the conditions set forth per staff report. Hershey’s concern is making sure that if this is approved that it will be conditioned on the traffic study being done. He is not a traffic engineer so he has to rely on the experts and wants to make sure there is active engagement between the applicant and the Heron River HOA and they come to an agreement that is verified with ACHD. Nielsen amended his motion to include specifically the traffic study is completed and verification of cooperation of both applicant and Heron River come to the table for discussions and find an ACHD approved resolution to the traffic on Wildbranch, Hershey seconded the motion. ---PAGE BREAK--- 5 Discussion: Lockett stated he is not in favor of approving with conditions and feels it should be denied period. Conditions can get broken and he doesn't feel it is a wise idea; he has said it in the past that it is not a good idea to condition. Chadwick and Lockett - nay; Nielsen and Hershey - aye. The Mayor noted he has received a lot of communication from people in the audience, he knows their feelings and knows there is a lot of emotion tonight, and he understands their concerns as he has concerns himself. They had tabled this application from the last meeting to allow Council time to deliberate and negotiate the development agreements. It affects our lives, and he has read their comments. He has a responsibility to do things lawfully. This property owner has a piece of property that has commercial and mixed uses. He is not trying to do anything out-of-line or out-of-order when we hold public hearings – it is a judicial hearing. We received letters that say we are judges and juries – that is what we are supposed to do and have taken the oath to do. We have an applicant who has the right to go through the process and has a right to ask what he wants; the decisions need to be made based on fact and not fiction. There are no votes from the people on these applications or referendums. They are called elections – you’ve elected us to do a job and we are trying to do it right. No matter who you put up here they have to do the same thing and follow the law. If we didn’t, it could cost the city a lot of money. This application does follow the comp plan and the property was reversed back to RT. The comp plan states this is an allowable use as mixed use and commercial. If you look on the map and text that’s what it says. He feels that his hands are tied in the sense that we have an application that does comply with the comp plan and the applicant has agreed to all the conditions. Mayor Bell voted aye. Motion carried. Mayor called for a break. Public Hearing - Rezone with a Development Agreement for Crow's Foot Subdivision (formerly Clydesdale Subdivision) – The Mayor reviewed the procedure for the public hearing; applicant will present the application, staff comments, open for public testimony, applicant rebuttal and then close the public hearing. The Mayor opened the public hearing and asked Council if they had any conflict of interest or exparte contact, hearing none the Mayor asked the applicant to speak. Applicant – Brad Pfannmuller, 18454 N. McLeod Way, Boise, stated Crow's Foot Subdivision is currently approved and zoned R-2 with private roads, two more ponds and no play amenities. They are proposing to build the same type of development that's at Avamore and have built a lot of single family homes. They want the same zoning but with R3 setbacks. This subdivision was brought to Council previously as Clydesdale and the developer defaulted on the application. The owner is the McCloud family and they are working with them. It is still in good standing with the entitlements. The Preliminary Plat shows 89 lots with two exiting lots and 15 acres of open space. This rezone request is just for the setbacks. The buildable lots with the current zoning is very small. They are removing two of the ponds and will have public streets, not private streets. Handouts were shown. They want to add walking paths to be open to the public, a tot lot and trails. Current setbacks are for R2 zoning and they are requesting R3 setbacks. The front, side, and rear setbacks are the only changes; the remaining setbacks stay the same. He wants the different characters for different homes. The two story shrinks it back. They had two smaller ---PAGE BREAK--- 6 ponds on the original application and they have eliminated them and made them common lots. There will be public roads and sidewalks with no gates and they have added a tot lot to the overall plan. The Fire Department wants safety stations around the ponds – there are five different locations along with additional walking paths. They are creating additional amenities. Chadwick liked going to public roads with sidewalks from the private with no sidewalks. The sidewalks would be five foot and he asked if the mailboxes will be located in sidewalks. Pfannmuller stated the US postal service requires mailboxes to be clustered and they will not be on the sidewalks. Lockett asked if they were planning to build a club house. Pfannmuller stated they were not planning to. Lockett asked about their proposal for more landscaping and grass and if they are building the homes. Brad noted Avamore Construction would be doing most of the construction with some lots being sold to other custom builders. Chadwick stated he was glad to see them putting in buoy stations. Pfannmuller talked about putting life rings and a long pole with hook which is twelve feet in length at the life safety stations; no life jackets due to liability. If you provide life jacket it says you’re going to open it up to say go jump in the water. They don't want to support that. Nielsen asked if ACHD recommended the applicant widen the road and put in curb, gutter and sidewalk. Pfannmuller stated it is in ACHD's plan to widen it in 10 years and they have provided a pathway instead. They are not widening the road, just putting in the sidewalk. The concern is there is a middle school going in around the corner. He feels the sidewalk will provide for safety. Nielsen was shown a picture. Staff: Staff stated that one additional letter came in from ITD regarding this application. Lockett thanked applicant for making the roads public. Public Input: Bob McLaren, 1520 N. Hornback, Star, asked if they are going to have the same type of white fencing along the road like is in his subdivision? Tom Erlebach, 11300 2nd Street, Star, asked if it will have grass around the ponds and will public be able to walk around it. Nate Mitchell, 1030 W. Floating Feather Road, Star, thinks the change in roads to public is excellent, changing ponds for useable amenities and the setback requests are reasonable in lieu of open space. He encouraged the Council to approve the application. Applicant rebuttal: Brad Pfannmuller explained the fencing will be three rail vinyl or might be wrought iron, the fencing adjacent to neighbors will probably be six foot white vinyl, and open space wrought iron or three rail. Around the ponds they are proposing to have grass and/or maybe sand cobbles for erosion. The pathway will be open to the public and there will be a pathway around the lake. ---PAGE BREAK--- 7 Mark Englewood, 10210 Purple Ash, Star, asked about the fencing along Rockbridge to the south. Pfannmuller noted when it opens up to common space they are looking at open wrought iron; he didn't know about the south side. The Mayor closed the public hearing. The application is asking for a rezone with a development agreement; zoning request from R2 to R2DA to modify setbacks and increase amenities. Lockett made a motion to approve rezoning to R2DA and to grant the Development Agreement as stated for Crow’s Foot Subdivision, Nielsen seconded the motion. All aye: motion carried. Reports: Council: Hershey stated the Activities Committee is going well. Lockett attended the VRT meeting. Chadwick's Beautification Committee is doing a walkability study with Jennifer Salmonson. Kevin stated he is doing well and EDC is happy to loan Jennifer to the Beautification Committee. Mayor: Mayor Bell stated the fake turf is in and the real turf will be installed next week. He invited everyone to the Chamber Easter Egg Hunt on the 15th at Blake Haven Park. Happy Birthday Mayor. Adjournment: The meeting was adjourned at 8:49 pm. Approved: Respectfully submitted: Charlten Bell, Mayor Cathy Ward, City Clerk