Document Star_doc_163d2a9579

FIRE DISTRICT STAFF REPORT Cranefield Subdivision Middleton Rural Fire District Star Fire Protection District 302 E. Main Street 11665 State Street, Suite B Middleton, Idaho 83644 Star, Idaho 83669 Additional Comments: Side Set back to follow City Code. If the Setback of less than 5’ in a residential area review and approval by the Fire District is required. Streetlights shall be turned on once residential building begins, Lighting is essential in assisting first responders with identifying entrances safely while responding to calls for service. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Ryan B Field, Asst. City Planner MEETING DATE: June 1, 2021 – PUBLIC HEARING FILE(S) PP-21-06 for Moyle Village/Heights Subdivision PR-21-05 Private Road DA-21-05 Development Agreement OWNER/APPLICANT/REPRESENTATIVE Property Owner: Applicant West Beacvon Light, LLC Brad Candau 349 N. Story Brook Way West Beacon Light, LLC Eagle, ID 83616 349 N. Story Book Way Eagle, ID 83616 Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste 100 Meridian, ID 83642 REQUEST Request: The Applicant is seeking approval of a Preliminary Plat (PP-21-06), Private Street (PR- 21-05) and a Development Agreement (DA-21-05) for a proposed residential subdivision consisting of 161 residential lots and 31 common lots. The property is located north of W. Beacon Light Road, east of N. Wing Road in Star, Idaho, and consists of 78.37 acres with a proposed density of 2.05 dwelling units per acre. PROPERTY INFORMATION Property Location: The subject property is generally located west of Highway 16, south of Hillsdale Subdivision and north of W. Beacon Light Road. Ada County Parcel No. S0332141810. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 2 Existing Site Characteristics: The property is currently vacant and in agricultural use. Irrigation/Drainage District(s): - Farmers Union Ditch Company, P.O. Box 1474, Eagle, ID 83616 Flood Zone: The development is located outside a special flood hazard zone per FEMA FIRM panel #16001C0130J. Zone X. Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – No known areas.  Mature Trees – Yes.  Riparian Vegetation – No known areas.  Steep Slopes – Yes, on the northern part of the parcel.  Stream/Creek – None.  Unique Animal Life – No unique animal life has been identified by the applicant or IDFG.  Unique Plant Life – No unique plant life has been identified by the applicant or IDFG.  Unstable Soils – No known issues.  Wildlife Habitat – No known wildlife habitat has been indicated by the applicant or IDFG.  Historical Assets – No historical assets have been observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held February 18, 2021 Neighborhood Meeting Held March 29, 2021 Application Submitted & Fees Paid April 1, 2021 Residents within 300’ Notified April 20, 2021 Agencies Notified April 19, 2021 Legal Notice Published April 21, 2021 Property Posted May 22, 2021 HISTORY August 21, 2007 Property was annexed into the City of Star as part of the BM Star, LLC property. Zoning was assigned as R-1 for land north of the canal and R-3 for land south of the canal. This was formalized in Ordinance 182. SURROUNDING ZONING/COMPREHENSIVE PLAN MAP/LAND USE DESIGNATIONS Zoning Designation Comp Plan Designation Land Use Existing Residential (R-3) Estate Residential Agricultural Proposed Residential (R-3) Estate Residential Single Family Residential North of site Rural Residential (RR) Estate Residential Hillsdale Estates ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 3 South of site Residential (RUT)(R-3) (R-2) Estate Residential Residential/Agricultural Moyle Estates Subdivision and Nash Estates East of site Rural Urban Transition (RUT) Estate Residential Residential/Agricultural West of site Residential (R-3) (R-1) (RUT) Estate Residential Residential/Agricultural ZONING ORDINANCE STANDARDS / COMPREHENSIVE PLAN UNIFIED DEVELOPMENT CODE: 8-3B-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in a Residential district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. In zoning designations of R-1, R-2, R-3, R-4 and R-5, housing shall be single family detached unless approved with a PUD or development agreement. Connection to municipal water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per acre. Wells and septic systems may be permitted for larger lots in this land use designation that are not adjacent to municipal services, as determined by the Sewer District, and if approved by the applicable Health Department. Private streets may be approved in this district for access to newly subdivided or split property. This district does allow for some non-residential uses as specified in 8-3A-3. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city C-2-DA), indicates that the zoning was approved by the city with a development agreement, with specific conditions of zoning. 8-3A-3: USES WITHIN ZONING DISTRICTS The following table lists principal permitted accessory uses conditional or prohibited uses. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 4 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: Zoning District Maximum Height Note Conditions Minimum Yard Setbacks Note Conditions Front Rear Interior Side Street Side R-1 35' 30' 30' 10' 20' R-3 35’ 15’ to living area/side load garage 20’ to garage face 15’ 5’ per story 20’ Notes: 1. Front yard setback shall be measured from the face of the garage to the face of the sidewalk, allowing for 20’ of parking on the driveway without overhang onto the sidewalk. 2. Interior side yard setbacks for lots with 50’ or less of lot width shall be allowed 5’ interior side yard setbacks for one and two-story structures. 8-3B-3: ADDITIONAL RESIDENTIAL DISTRICT STANDARDS - RESIDENTIAL DISTRICTS: B. When development is planned with lots that directly abut existing lots within a Rural Residential area, or “Special Transition Overlay Area” as shown on the Comprehensive Plan Land Use map, an appropriate transition shall be provided for the two abutting residential lot types. A transition shall take into consideration site constraints that may exist and may include clustering of the urban lots in order to provide an open space area avoiding urban lots directly abutting rural residential lots, or may include the provision of a buffer strip avoiding urban lots directly abutting rural residential lots, or may include ZONING DISTRICT USES A R-R R Accessory structure A A A Dwelling: Multi-family 1 N N C Secondary 1 A A A Single-family attached N N C Single-family detached P P P Two-family duplex N N P ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 5 setbacks within the urban lots similar to the rural residential lots directly abutting, or may include the provision of one half to one acre size lots directly abutting the rural residential lots. 8-4D-3: STANDARDS (PRIVATE STREETS): All private streets shall be designed and constructed to the following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot (with access easement) that provides access to all applicable properties. 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Star Fire District. 4. Gates: Gates or other obstacles shall not be allowed, unless approved by Council and the Fire District. B. Construction Standards: 1. Obtain approval from the county street naming committee for a private street name(s); 2. Contact the transportation authority to install an approved street name sign that complies with the regulations of the county street naming ordinance; 3. Roadway and Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Star based on plans submitted by a certified engineer. 4. Street Width: The private street shall be constructed within the easement and shall have a travel lane that meets ACHD width standards for the City of Star, or as determined by the Council and Star Fire District. 5. Sidewalks: A five foot attached or detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. Residential private streets may request a waiver of sidewalks to be approved by Council. 6. Fire Lanes: All drive aisles as determined by the Star Fire District to be fire lanes, shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 7. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 6 C. The applicant or owner shall establish an on-going maintenance fund through the Owner’s association with annual maintenance dues to ensure that funds are available for future repair and maintenance of all private streets. This shall be a requirement in a development agreement and/or as part of a planned unit development. A reserve account condition shall be included in the recorded CC&R’s and shall be provided to the City for review. The condition of approval shall include the following: 1. Private Street Reserve Study Requirements. a. At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the private street components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review. b. The study required by this section shall at a minimum include: i. Identification of the private street components that the association is obligated to repair, replace, restore, or maintain. ii. Identification of the probable remaining useful life of the components identified in paragraph as of the date of the study. iii. An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph iv. An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. v. A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph to meet the association’s obligation for the repair and replacement of all private street components. c. A copy of all studies and updates shall be provided to the City, to be included in the development application record. 8-4D-4: REQUIRED FINDINGS (PRIVATE STREETS): In order to approve the application, the administrator and/or Council shall find the following: A. The design of the private street meets the requirements of this article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 7 C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 8-4E-2: STANDARDS FOR COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS: A. Open Space and Site Amenity Requirement (see also Chapter 8 “Architectural Review”): 1. The total land area of all common open space shall equal or exceed fifteen percent (15%) of the gross land area of the development. Ten percent (10%) of that area shall be usable open space. 2. Each development is required to have at least one site amenity. 3. One additional site amenity shall be required for each additional twenty (20) acres of development area, plus one additional amenity per 75 residential units. 4. Developments with a density of less than 1 dwelling unit per acre may request a reduction in total required open space and amenities to the Council. Developments with a density of less than 2 dwelling units per acre may request a 50% reduction in total required open space to the Council. B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible or visible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Qualified natural areas; c. Ponds or water features where active fishing, paddle boarding or other activities are provided (50% qualifies towards total required open space, must be accessible by all residents to qualify.) ponds must be aerated; d. A plaza. 2. Additions to a public park or other public open space area. 3. The buffer area along collector and arterial streets may be included in required overall common open space for residential subdivisions. 4. Parkways along local residential streets with detached sidewalks that meet all the following standards may count toward the common open space requirement: a. The parkway is a minimum of eight feet in width from street curb to edge of sidewalk and includes street trees as specified otherwise herein. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 8 b. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of twenty-six feet (26') by the width of the parkway. c. Stormwater detention facilities do not qualify to meet the common area open space requirements, unless all of the following is met: 1. Must be at least fifty feet by one hundred feet (50' x 100') in area; 2. Specifically designed as a dual use facility, as determined by the administrator, to include minimal slopes, grass throughout, and guarantee of water percolation within 24 hours of storm event. 3. Is located in a development that has a second usable open space area that contains a qualified site amenity as herein defined. 5. Visual natural space, including open ditches, wetlands, slopes or other areas that may not be readily accessible to residents, and is provided with open style fencing, may qualify for up to 20% of the required open space total. C. Qualified Site Amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Clubhouse; 2. Fitness facilities, indoors or outdoors; 3. Public art; 4. Picnic area; or 5. Recreation amenities: a. Swimming pool. b. Children's play structures. c. Sports courts. d. Additional open space in excess of 5% usable space. e. RV parking for the use of the residents within the development. f. School and/or Fire station sites if accepted by the district. g. Pedestrian or bicycle circulation system amenities meeting the following requirements: The system is not required for sidewalks adjacent to public right of way; The system connects to existing or planned pedestrian or bicycle routes outside the development; and ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 9 The system is designed and constructed in accord with standards set forth by the city of Star; D. Location: The common open space and site amenities shall be located on a common lot or an area with a common maintenance agreement. E. Maintenance: 1. All common open space and site amenities shall be the responsibility of an owners' association for the purpose of maintaining the common area and improvements thereon. 8-6A-7: REQUIRED FINDINGS: In consideration of a preliminary plat or combined preliminary and final plat, the decision- making body shall make the following findings: A. The plat is in conformance with the comprehensive plan; B. Public services are available or can be made available and are adequate to accommodate the proposed development; C. There is public financial capability of supporting services for the proposed development; D. The development will not be detrimental to the public health, safety or general welfare; and E. The development preserves significant natural, scenic or historic features. COMPREHENSIVE PLAN: 8.2.3 Land Use Map Designations: Neighborhood Residential: Suitable primarily for single family residential use. Densities in the majority of this land use area are to range from 3 units per acre to 5 units per acre. Densities not exceeding 1 to 2 units per acre are to be encouraged in areas of the floodplain, ridgeline developable areas, hillside developable areas, and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where those existing larger lots are not likely to be subdivided in the future. Special Transition Overlay Area Development adjacent to, and potentially within, this area is to provide for an appropriate transition between existing and new home sites where new urban development is being planned adjacent to previously approved and constructed rural county developments of years past. Site layout is to provide for a transition in density and lot sizing. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 10 8.3 Goal: Encourage the development of a diverse community that provides a mix of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible, an assortment of amenities within walking distance of residential development. 8.4 Objectives: • Implement the Land Use Map and associated policies as the official guide for development. • Manage urban sprawl in order to minimize costs of urban services and to protect rural areas. • Encourage land uses that are in harmony with existing resources, scenic areas, natural wildlife areas, and surrounding land uses. 8.5.3 Policies Related Mostly to the Urban Residential Planning Areas: A. The Neighborhood Residential Land Use is to encourage urban style development densities to limit urban sprawl. B. Low densities within the Neighborhood Residential Land Use are to be designed within the floodplain, ridgeline developable areas, hillside developable areas and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where those existing larger lots are not likely to be subdivided in the future. C. Site layout within the Special Transition Overlay Area is to provide for a transition in density and lot sizing. Base densities may be significantly reduced, or home sites may be clustered to increase open space within a portion of a site when property is within this overlay. 8.5.4 Policies Related to The Special Transition Overlay Areas: A. Development adjacent to and within the Special Transition Overlay Area is to provide for an appropriate transition between existing and new home sites where new urban development is being planned adjacent to previously approved and constructed rural county developments of years past. This may include new abutting lots to be one acre in size or may include buffering. B. Site layout is to provide for a transition in density and lot sizing with all policies regarding compatibility herein applying. C. Modified street sections, such as with no curbs gutters or sidewalks, should be encouraged for adjacent compatibility where determined appropriate. D. When an urban density residential development is planned with lots that directly abut lots within a Special Transition Overlay Area an appropriate transition is to be provided for the two abutting residential lot types. A transition must take into consideration site ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 11 constraints that may exist and may include clustering of the urban lots in order to provide an open space area avoiding urban lots directly abutting Special Transition Overlay Area lots, or may include the provision of a buffer strip avoiding urban lots directly abutting Special Transition Overlay Area lots, or may include setbacks within the urban lots similar to the Special Transition Overlay Area lots directly abutting, or may include the provision of one half to one acre size lots directly abutting the Special Transition Overlay Area lots. E. Larger setbacks should be required for new lots planned to abut existing Special Transition Overlay Area lots. 8.5.9 Additional Land Use Component Policies: • Encourage flexibility in site design and innovative land uses. • Work with Ada County Highway District (ACHD), Canyon Highway District #4 (CHD4), and Idaho Department of Transportation (ITD) for better coordination of roadway and access needs. • Support well-planned, pedestrian-friendly developments. • Dark sky provision should be adopted within the code to assure down style lighting in all developments and Star should consider joining the International Dark Sky Association. 18.4 Implementation Policies: E. Development Agreements allow the city to enter into a contract with a developer upon rezoning. The Development Agreement may provide the city and the developer with certain assurances regarding the proposed development upon rezoning. PROJECT OVERVIEW PRELIMINARY PLAT: Moyle Village The Preliminary Plat submitted contains one hundred forty-nine (149) single family residential lots and 25 common lots on 52.23 acres with a density of 2.85 du/ac. The residential lots range in size from 6,600 square feet to 16,414 square feet with the average buildable lot of 9,858 square feet. The applicant has indicated that the total open space is 10.72 acres (20.52%) with usable open space, not including street endcaps and drainage areas of 7.63 acres (14.61%) exceeding the requirement of the current Unified Development Code, Section 8-4E-2. Streets are proposed to be public and will measure 36 ft. from back of curb to back of curb with a 48 ft right-of-way, satisfying Section 8-4D-34B(4) of the Unified Development Code. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 12 The primary access for the development will be off Beacon Light Road using N. Pinehaven Way through Moyle Estates Subdivision Number 2 (Cresta Del Sol) connecting to N. Foxtrot Way. The development is providing several stub streets, to be connected at a later date, allowing for greater connectivity. One stub street on the southwest corner will align with a future road within the Torchlight Subdivision. Another stub street on the southwest corner will align with a future road in the Trident Ridge Subdivision. The development has also provided three stub streets along the eastern boundary to provide for future connectivity should these larger parcels be developed. The current Unified Development Code, Section 8-4E-2 requires a development of this size to have 5 amenities. The applicant is proposing a 1.99-acre central common area with a pool, pickleball courts, pathways and parking. A 1.80 open space with pathways and benches. A five- foot-wide pathway along the Farmer’s Union canal and a micro path that will connect to the development on the west. Moyle Heights The Preliminary Plat submitted contains twelve (12) single family residential lots and 4 common lots on 26.14 acres with a density of 0.46 du/ac. The residential lots range in size from 1 acre to 2.74 acres with the average buildable lot of 1.78 acres. The applicant has indicated that total open space is 3.02 acres (11.55%). Section 8-4E-2 of the UDC allows Council to waive landscaping requirements for subdivisions with densities of 1 acre or less. Given the large lot size and rural nature of this development, staff is supportive of the waiver for open space. Streets within this portion of the development are proposed to be private with a 26-foot-wide pavement in a 40-foot-wide lot. The road will include a private gate at the entrance. Unified Development Code Section 8-4D-3B(4) States that a private street shall be constructed within the easement and shall have a travel lane that meets ACHD width standards for the City of Star, or as determined by the Council and Star Fire District. Ada County Code, Section 8-4D-4A(1)a states that inside an area of city impact, the easement of lot shall be a minimum of fifty feet (50’) in width. The proposed lot width does not meet ACHD code. ACHD Code, Section 8-4D- 4(B)2a states “Private roads that will provide frontage or access to more that four properties shall have a travel way with a minimum improved width of twenty-four feet The proposed lane of travel of twenty-six (26’) feet with 5 feet striped for pedestrian access falls short of the required twenty-four (24’) width for lane of travel. Applicant will work with Star Fire Applicant is proposing to have a 5-foot-wide path striped on the private street, satisfying Section 8-4D-34B(4) of the Unified Development Code. The submitted landscape plan does not include street trees along the private street portion of the development. As required by the Unified Development Code, Chapter 8, Section 8-8C-2- M(2) Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The landscaping plan submitted indicates street trees. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 13 The Moyle Heights development abuts the Hillsdale Estates subdivision, which is designated as a special transitional overlay area on the City of Star Land Use Map. To accommodate the requirements of the Special Transitional Overlay area, the applicant is proposing lots to be no smaller than 1 acre, which is supported by the Star Comprehensive Plan, Section 8-5-4. ADDITIONAL DEVELOPMENT FEATURES: • Private Street As part of 8-4D-3C, the applicant or owner shall establish an on-going maintenance fund through the Owner’s association with annual maintenance dues to ensure that funds are available for future repair and maintenance of all private streets. A reserve account condition shall be included in the recorded CC&R’s. • Lighting The applicant has provided both a streetlight plan and design. The plan does not have all the required streetlight locations called out. Staff will require an updated lighting plan depicting all the required streetlight locations. The applicant has also provided a streetlight design. This design is NOT an approved streetlight design. Staff will provide the applicant with the suggested street light spec sheet. The lights should be the same throughout both Moyle Heights and Village. • Landscaping – Street trees shall be provided on all building lots, as required by the Unified Development Code, Chapter 8, Section 8-8C-2-M(2) Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The applicant has submitted a landscape plan showing trees along the public streets only. The entire subdivision shall be required to meet this standard. A condition of approval will be included requiring a revised landscape plan be submitted at final plat application showing the required trees.All new trees within buildable lots shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. • Sidewalks – The applicant is proposing detached sidewalks within the Moyle Village development. The sidewalk will be five feet in width with an eight foot wide landscape strip. The applicant is proposing a five foot wide striped path on the private road within the Moyle Heights development. DEVELOPMENT AGREEMENT: The applicant is requesting to enter into a Development Agreement with the City. As part of the Development Agreement, the applicant is requesting a modification to the side yard setbacks for 35 homes along the western edge of the Moyle Village development. These setbacks will align with the setbacks approved for the Trident Ridge Subdivision, allowing for transition of lot sizes and setbacks within the development moving from west to east. This is the only setback modification that the applicant is requesting. All other lots will utilize the R-1 or R-3 setback guidelines as appropriate. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 14 As part of the Development Agreement, applicant will also enter into an agreement with the City of Star to pay a proportionate share contribution for impacts to the State Highway system. The Idaho Transportation Department has calculated this proportionate share amount to be $46,615 or approximately $289.53 per buildable lot in the Moyle Village and Heights developments. This amount shall be paid, per phase, prior to signing the Final Plat. The Development Agreement may also contain additional items as directed by the City Council as part of the review and approval process. AGENCY RESPONSES Star Fire District May 25, 2021, 2021 Central District Health April 20, 2021 Department of Environmental Quality April 30, 2021 ITD April 19 & 30, 2021 Keller and Associates May 3, 2021 ACHD Pending Farmer’s Union Ditch Company May 18, 2021 PUBLIC RESPONSES Jerry Kiser; Atty for Lloyd & Betty Akins May 19, 2021 STAFF ANALYSIS & RECOMMENDATIONS Staff is supportive of the design, layout and density of the development application, with the proposed conditions of approval. Based upon the information provided to staff in the applications and agency comments received to date, staff finds that the proposed preliminary plat and private street generally meets the requirements, standards and intent for development as they relate to the Unified Development Code and the Comprehensive Plan. The Council should consider the entire record and testimony presented at their scheduled public hearing prior to rendering its decision on the matter. Should the Council vote to approve the applications, either as presented or with added conditions of approval, Council shall direct staff to draft findings of fact and conclusions of law for the Council to consider at a future date. FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve these applications, the Unified Development Code requires that Council must find the following: ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 15 PRELIMINARY PLAT FINDINGS: 1. The plat is in compliance with the Comprehensive Plan. The City must find that this Plat follows designations, spirit and intent of the Comprehensive Plan regarding residential development and meets several of the objectives of the Comprehensive Plan such as: 1. Designing development projects that minimize impacts on existing adjacent properties, and 2. Managing urban sprawl to protect outlying rural areas. 2. Public Services are available or can be made available and are adequate to accommodate the proposed development. The City must find that Agencies having jurisdiction on this parcel were notified of this action, and that it has not received notice that public services are not available or cannot be made available for this development. 3. There is public financial capability of supporting services for the proposed development; The City must find that they have not been notified of any deficiencies in public financial capabilities to support this development. 4. The development will not be detrimental to the public health, safety or general welfare; The City must find that it has not been presented with any facts stating this Preliminary Plat will be materially detrimental to the public health, safety and welfare. Residential uses are a permitted use. 5. The development preserves significant natural, scenic or historic features; The City must find that there are no known natural, scenic, or historic features that have been identified within this Preliminary Plat. PRIVATE ROAD FINDINGS: A. The design of the private street meets the requirements of this article; The City must find that the proposed private road meets the design standards in the Code. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity: The City must find that it has not been presented with any facts stating this private road will cause damage, hazard or nuisance, or other detriment to persons, property or uses in the vicinity. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 16 The City must find that the use is not in conflict with the comprehensive plan and/or regional transportation plan. Upon granting approval or denial of the application, the Council shall specify: 1. The Ordinance and standards used in evaluating the application; 2. The reasons for recommending approval or denial; and 3. The actions, if any, that the applicant could take to obtain approval. CONDITIONS OF APPROVAL 1. The approved Preliminary Plat for Moyle Village and Moyle Heights Subdivisions shall comply with all statutory requirements of all applicable agencies and districts having jurisdiction in the City of Star. 2. The subdivision shall meet all requirements of the Ada County Highway District and Star Fire District. 3. Applicant/Owner shall ensure conduit is installed in the shared utility trench in order to provide fiber connectivity for both developments at a later time. Conduit should be a minimum size of 2 inch diameter, or larger as needed. 4. The private street shall be built to ACHD and Star Fire District standards. Star Fire District shall inspect and approve private street prior to signature of final plat. 5. The applicant shall enter into a Development Agreement with the City, agreeing to proportionate share assessment by ITD regarding impacts to the State Highway System. These fees will be collected by the City of Star, by phase, prior to final plat signature. The development agreement shall be signed and recorded as part of the ordinance for annexation and zoning and shall contain the details of the fees to be collected. 6. All approvals relating to hillside issues and requirements shall be completed and approved by the City Engineer prior to submittal of the final plat. Construction of any kind is prohibited prior to approval. 7. The property with the approved Preliminary Plat shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star City Code. 8. Street trees shall be installed per Chapter 8, Section 8-8C-2-M(2) Street Trees to include one tree per thirty-five (35) linear feet. 9. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star prior to signature of final plat. 10. Irrigation system shall comply with the Irrigation District(s) and the City of Star Codes. 11. The mylar/final plat shall be signed by the owner, Surveyor, Health District, and City Engineer, prior to being delivered to the City of Star for City Clerk’s signature. 12. Applicant shall provide the City with one full size, one 11”x17” copy and an electronic copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 13. As built plans for the irrigation system shall be submitted to the City of Star prior to signature of the final plat. ---PAGE BREAK--- MOYLE VILLAGE/HEIGHTS SUBDIVISION – FILE # PP-21-06/PR-21-05/DA-21-05 17 14. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 15. A copy of the CC&R’s shall be submitted to the City of Star prior to final plat signature. The CC&R’s shall include a condition requiring a reserve account that follows the specific wording in Section 8-4D-3C(1) of the Unified Development Code. 16. A letter from the US Postal Service shall be given to the City prior to final plat signature stating the subdivision is in compliance with the Postal Service. 17. A plat note shall state that development standards for residential development shall comply with the effective building and zoning requirements at time of building permit issuance. 18. Any required streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to issuing of any building permits. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Prior to signing the Final Plat, applicant will be required to provide an updated streetlight plan, showing all required streetlight locations and an updated streetlight design using approved, City of Star streetlights. 19. Development standards for single family residential units shall comply with effective building and zoning requirements at time of building permit issuance, or as approved through the Development Agreement or as stated herein. 20. Private street shall be maintained by the Homeowners Association. 21. The applicant shall provide a sign, to be located at all construction entrances, indicating the rules for all contractors that will be working on the property starting at grading and running through home sales that addresses items including but not limited to dust, music, dogs, starting/stopping hours for contractors (7a.m. start time). Sign shall be approved by the City prior to start of construction. 22. A sign application is required for any subdivision signs. 23. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File No. PP-21-06 Moyle Village/Heights Subdivision Preliminary Plat. PR-21-05 Private Road and DA-21-05 Development Agreement for Moyle Village/Heights Subdivision on 2021. ---PAGE BREAK--- ---PAGE BREAK--- MOYLE VILLAGE AND HEIGHTS SUBDIVISIONS PRELIMINARY PLAT, PRIVATE ROAD AND DEVELOPMENT AGREEMENT APPLICATIONS WRITTEN NARRATIVE Introduction: West Beacon Light, LLC and Toll Southwest, LLC, hereby apply for preliminary plat approval for 161 single-family residential lots, 31 common lots, a private road lot and a water booster lot on 78.37 acres for Moyle Village Subdivision and Moyle Heights Subdivision with a development agreement. The subject property is located west of N. Pollard Lane and north of W. Beacon Light Road. The property was annexed in 2008 with zoning designations of R-1 and R-3 as part of the Whitecloud Subdivision under Star City Ordinance 182. The topography of the property varies in elevation from 2740 along the north boundary to 2560 along the south boundary, a difference of approximately 180 feet. The northern portion of the subject site consisting of 26.14 acres falls under the Hillside Ordinance and a preliminary grading and drainage plan has been submitted with the application. The change in elevation will not be an impediment to development of the property. The applicant is in agrees to provide a grading and drainage plan showing pad elevations with submittal of each final plat and construction plans. Existing Use on the Property: The property has been in agricultural production and there are no structures on the site. The parcel is in agricultural production and is irrigated with wheel lines. Comprehensive Plan and Surrounding Land Uses: The City of Star’s Land Use Map designates the area as Estate Residential, allowing for 1 to 3 dwelling units per acre. The surrounding land uses within the immediate area are as follows: North – Estate Residential (Hillsdale Estates Subdivision); South – Moyle Estates Subdivision Nos. 1 and 2 and the proposed Torchlight Subdivision; West – agricultural and proposed Trident Ridge Subdivision; and East – Estate Residential and agricultural (Manteca and Springview Estates Subdivision). Single-family residential development has been expanding east along the Beacon Light Road corridor from Branden and Wing Roads. Other single-family developments within the area include Trident Ridge, Greendale and Greendale Grove, Canopi Estates and Sunfield Subdivisions. The development of the subject site is consistent with other approved projects within the general area. Residential Lots and Density: Moyle Village and Heights Subdivisions provide lots ranging in size from 6,600 square feet to 2.74 acres, with an average residential lot size of 14,888 square feet. The proposed gross density of the overall project is 2.05 dwelling units per acre, with a net density of 2.93 du/acre. The development has varying lot widths and depths to accommodate different house plans and resident lifestyles. The proposed preliminary plat incorporates larger transitional lots along the north boundary consistent and compatible with Hillsdale Estates. The lots within the Height area are 1 to 2.75 acres in size. The project is intended to be developed as four total phases. There will ---PAGE BREAK--- be two first phases with one for the Village and one for the Heights since the two projects will be constructed and platted by two different developers. Sewer and Water Facilities: The development is currently serviceable with central sewer and water by Star Sewer and Water District. A 12-inch water main was installed within Beacon Light Road by the Trident Ridge development. The proposed project will connect to the water main in Moyle Estates No. 2 and extend an 8-inch main north into the subject site. A secondary domestic water connection will be established through the Trident Ridge development at W. Scenic Drive and W. Trident Ridge Drive. A 12-inch gravity sewer main line is located east of the subject property at the Pollard Lane and Beacon Light Road intersection. Construction plans for the sewer main line extension west in Beacon Light Road are currently being reviewed by Star Sewer and Water District. The sewer main will be installed by the developer for Sunfield Subdivision and Moyle Estates No. 2. Sewer and water capacities exist for service of the proposed development, and the applicant will request annexation into the Star Sewer and Water District. The Moyle Village and Heights Subdivisions will extend all utility services within the project and provide public streets designed to meet the standards of Ada County Highway District within the Village and private streets within the Heights. Transportation: The Moyle Village Subdivision includes detached 5-foot-wide sidewalks with an 8-foot-wide landscape parkway along all proposed public streets. The proposed right-of-way width for the local streets is 48 feet with a 36-foot-wide street section. Primary access for the development will be through Moyle Estates No. 2 via N. Foxton Way. The project will provide a stub street to the south connecting to a future street within Torchlight Subdivision. Two stub streets to the west align with proposed streets W. Scenic View Drive and W. Trident Ridge Drive within Trident Ridge Subdivision. Three stub streets are provided along the east boundary for interconnectivity to for the future re-subdivision of the 5 acre and larger lots within Manteca and Springview Subdivisions. Street frontage along the north boundary of the Kari Knotts property (S0332417600) has been included providing for possible re-subdivision of the parcel. It is my understanding that Kari Knotts will relinquish rights to the original driveway easement in lieu of alternative public street access. Moyle Height Subdivision will connect to the future public street N. Artisan Way with a vehicular crossing of the Farmers Union Canal and installation of a private road. It is anticipated that the Heights will be a gated community. The gate will require fire and planning department approvals. The proposed private streets will be improved with 26-foot-wide pavement with 5- feet being striped for pedestrians. Storm drainage will be handled with swales within the 40-foot- wide private road lot. Traffic Impact Study: A traffic impact study was prepared for the development by Kittelson & Associates. The study has been submitted to Ada County Highway District and Idaho Transportation Department. The proposed project will generate a total of 1,657 vehicle trips per day, of these 123 are estimated to occur in the weekday AM peak hour and 165 are estimated to occur in the weekday PM peak ---PAGE BREAK--- hour. The development will have two accesses on Beacon Light Road through two approved subdivisions (Torchlight and Moyle Estates No. 2) as well as two accesses through Trident Ridge out to Wing Road. The conclusion within the traffic impact study found that in year 2025, the total traffic conditions due to the site generated trips will not impact operations at any additional intersections not previously identified in the background traffic conditions. It is recommended that the Wing/Beacon Light intersection be reconfigured with an all way stop control. The alignment of Wing and Beacon Light Road will be reconfigured with the Greendale Grove development which will realign Beacon Light Road and modify the Wing Road intersection. Construction plans for the realignment have been submitted to Ada County Highway District for review and approval. All study roadway segments operate within the ACHD volume threshold under total conditions. Using ACHD procedures, no turn lanes were warranted at the site accesses. The site distance at Foxton Way and Beacon Light Road was evaluated and determined to meet the sight distance requirements. The recommendation listed for year 2021 was to restrict the intersection of State Highway 16 and Floating Feather to right-in/right-out/left-in. Irrigation, Drainage and Pressure Irrigation Facilities: The subject property is the larger unplatted portion of the Marjorie J. Moyle Trust holdings. The property has water rights with Farmer’s Union Ditch Company (70.125 inches of water), Boise Valley Ditch Company (12.97 inches of water) and Middleton Mill Ditch Company (13.29 inches of water). All water is delivered by Farmer’s Union Ditch Company from headgate 125 located at the Farmer’s Union Canal. A pressurized irrigation pump station will be installed at headgate 125 on the Farmer’s Union Canal. Historically, all related parcels south of the Farmer’s Union Canal have been irrigated and are in agricultural production. The Moyle Heights Subdivision located north of the canal is vacant and appears to be high ground; however, Boise Valley Ditch Company has provided a letter indicating the 12.97 inches of water can be used on the parcel. The future pump station will provide pressurized irrigation water for Moyle Estates No. 2, Moyle Village and Moyle Heights. The homeowners’ association will own and maintain the pressure irrigation system and will be assessed by the Farmer’s Union Ditch Company, Middleton Mill and Boise Valley Ditch Company. The subject site is bisected by the Farmer’s Union Canal, which is also the delineation mark for the R-1 and R-3 zones. The easement of record for the canal is 25 feet from top of bank in both directions with the maintenance road on the south side of the waterway. Separate lots (Lot 2, Block 11 and Lot 5, Block 10) have been provided for the Farmers Union Canal. The easement is confined within the proposed lots and does not encroach into any buildable lots. A five-foot-wide pathway lot is proposed south of the Farmers Union Canal lot outside the easement. Headgate 125 at the Farmers Union Canal provides irrigation water to the Barbara Moyle and Kari Knotts properties with a pipe that traverses the subject site. The applicant will coordinate with Barbara and Kari to continue to deliver their allotted water rights at its historical location. ---PAGE BREAK--- It is anticipated that storm drainage will be retained on site. If discharge is proposed to a drain, the discharge will not exceed the pre-development flow. Local public streets will utilize subsurface seepage bed facilities. All storm drainage facilities will be designed in accordance with Ada County Highway District and Department of Environmental Quality standards. A geotechnical report was prepared by Geo Tek for the site. Twenty-one test holes were excavated on property and piezometers were installed to monitor the groundwater levels. No groundwater or wetness was encountered to over 11 feet in depth. The applicant has retained Geo Tek to continue groundwater monitoring on the site. Amenities: The total open space within the overall development is 11.62 acres, or 14.83 percent, and the qualified open space is 10.65 acres, or 13.5 percent of the site. The proposed amenities within the Moyle Village portion of the project include a 1.99-acre central common area with a pool facility, parking, pickleball court and pathways. A 1.80 acres of linear open space has been provided with pathways and a bench seating area. A 0.67 acres lot adjacent to the Farmers Union Canal will be improved with a 5-foot-wide pathway. A micro-path along the west boundary connecting to the future phases of Trident Ridge Subdivision will provide pedestrian interconnectivity between the two developments. Moyle Heights Subdivision amenities include an entrance feature, greenhouse, sport court and community garden area. Moyle Heights is not required to provide open space due to the R-1 zoning; however, 3.02 acres or 11.55 percent of open space will be included in the project. The project will also have detached five-foot-wide sidewalks with 8-foot-wide landscape parkways on all internal public streets. Preliminary Plat: Overall Preliminary Plat Data: Total Site Area: 78.37 acres Single-Family Residential Area: 55.03 acres (70.22%) Public Right-of-way Area: 9.91 acres (12.64%) Private Road Area: 1.81 acres (2.31%) Common Area: 11.62 acres (14.83%) Total Open Space (including 8-foot-wide landscape buffers): 13.74 acres (17.53%) Minimum Residential Lot Size: 6,600 square feet Average Residential Lot Size: 14,888 square feet Single-Family Lots: 161 Common Lots: 31 Water Booster Lot: 1 Private Lane Lot: 1 Total Lots: 194 Gross Residential Density: 2.05 du/ac Net Residential Density: 2.93 du/ac Moyle Village Subdivision: Total Site Area: 52.23 acres Single-Family Residential Area: 33.72 acres (64.56%) Public Right-of-way Area: 9.91 acres (18.97%) Common Area: 8.60 acres (16.47%) ---PAGE BREAK--- Total Open Space (including 8-foot-wide landscape buffers): 10.72 acres (20.52%) Useable Open Space (excludes end block buffers and storm drainage areas): 7.63 acres (14.61%) Minimum Residential Lot Size: 6,600 square feet Average Residential Lot Size: 9,858 square feet Single-Family Lots: 149 Common Lots: 27 Total Lots: 176 Gross Residential Density: 2.85 du/ac Net Residential Density: 4.41 du/ac Moyle Heights Subdivision: Total Site Area: 26.14 acres Single-Family Residential Area: 21.31 acres (81.52%) Private Street Area: 1.81 acres (6.93%) Common Area: 3.02 acres (11.55%) Total Open Space: 3.02 acres (The 15% Open Space requirement and 10% Useable Open space requirement is not applicable to the R-1 area). Minimum Residential Lot Size: 1 Acre Average Residential Lot Size: 1.78 Acres Single-Family Lots: 12 Common Lots: 3 Water Booster Lot: 1 Private Lane Lot: 1 Total Lots: 17 Gross Residential Density: 0.46 du/ac Net Residential Density: 1.77 du/ac The applicant is requesting a development agreement to allow for reduced side setbacks for those residential lots which have a wide of 64 to 50 feet. The number of lots that fall within this classification is 35 or 21 percent of the lots. The smaller lots are along the western boundary adjacent to Trident Ridge Subdivision which has smaller lots and side yard setbacks. All other lots will be subject to the applicable R-1 and R-3 dimensional standards as outlined with the Star UDC. No additional variances or deviations from the requirements and dimensional standards of the Star Unified Development Code are requested with this application. The applicant will enter into a development agreement to address the issues of 5-foot-wide setback for the 35 lots with a width of 64 or less and implementation of a traffic mitigation agreement with Idaho Transportation Department. The property is within an area designated for Estate Residential on the City's future land use map. The proposed medium-low density of the project is consistent with the existing and proposed residential developments in the area. The Moyle Village and Heights Subdivision development complies with the Comprehensive Plan by promoting various types of lot sizes to meet the needs and preferences of citizens regardless of age, race, income or family size. The Comprehensive Plan encourages an emphasis on high-quality residential development and variety of housing styles and lot sizes. ---PAGE BREAK--- Submitted by: ENGINEERING SOLUTIONS, LLP Becky McKay, Partner and Chief Planner ---PAGE BREAK--- ---PAGE BREAK--- N. POLLARD LANE W. BEACON LIGHT ROAD N. POLLARD LANE TITL-1 S E OLUTIONS NGINEERING LLP VILLAGE R-1 PRELIMINARY PLAT - TITLE SHEET MOYLE VILLAGE & MOYLE HEIGHTS SUBDIVISIONS R-3 R-3 RUT RUT RUT RUT R-R RUT R-R R-3 R-3 R-3 R-3 HEIGHTS R-1 RUT RUT RUT RUT CONTACT PLANNER- DEVELOPERS OWNER OF RECORD ---PAGE BREAK--- SEW SEW SEW SEW SEW SEW SEW SEW SEW 1 1 2 1 1 2 2 2 2 1 1 3 3 3 1 1 1 1 PRE-1 S E OLUTIONS NGINEERING LLP PRELIMINARY PLAT MOYLE VILLAGE SUBDIVISION SEE SHEET PRE-2 PRELIMINARY PLAT DATA MOYLE VILLAGE 2 CONTACT PLANNER- DEVELOPER OWNER OF RECORD BUILDING SETBACK DATA REQUESTED ---PAGE BREAK--- 1 1 2 2 2 1 3 1 PRE-2 S E OLUTIONS NGINEERING LLP PRELIMINARY PLAT MOYLE HEIGHTS SUBDIVISION SEE SHEET PRE-1 PRELIMINARY PLAT DATA MOYLE HEIGHTS CONTACT PLANNER- DEVELOPER OWNER OF RECORD BUILDING SETBACK DATA 2 ---PAGE BREAK--- SEW SEW SEW SEW SEW SEW SEW SEW SEW UTIL S E OLUTIONS NGINEERING LLP CONTACT PLANNER- PRELIMINARY PLAT - UTILITY PLAN MOYLE VILLAGE & MOYLE HEIGHTS SUBDIVISIONS ---PAGE BREAK--- R-3 MOYLE VILLAGE/HEIGHTS SUBDIVISION STAR, ID PRELIMINARY PLAT LANDSCAPE PLAN MARCH 29, 2021 ---PAGE BREAK--- R-3 KEY MAP L1 L2 L3 L1 S E OLUTIONS NGINEERING LLP PRELIMINARY PLAT - LANDSCAPE PLAN MOYLE VILLAGE & MOYLE HEIGHTS SUBDIVISIONS CONTACT PLANNER- DEVELOPERS OWNER OF RECORD ---PAGE BREAK--- KEY MAP L1 L2 L3 L2 S E OLUTIONS NGINEERING LLP PRELIMINARY PLAT - LANDSCAPE PLAN MOYLE VILLAGE & MOYLE HEIGHTS SUBDIVISIONS CONTACT PLANNER- DEVELOPERS OWNER OF RECORD ---PAGE BREAK--- KEY MAP L1 L2 L3 L3 S E OLUTIONS NGINEERING LLP PRELIMINARY PLAT - LANDSCAPE PLAN MOYLE VILLAGE & MOYLE HEIGHTS SUBDIVISIONS CONTACT PLANNER- DEVELOPERS OWNER OF RECORD ---PAGE BREAK--- L4 S E OLUTIONS NGINEERING LLP PRELIMINARY PLAT - LANDSCAPE PLAN MOYLE VILLAGE & MOYLE HEIGHTS SUBDIVISIONS CONTACT PLANNER- DEVELOPERS OWNER OF RECORD ---PAGE BREAK--- S E OLUTIONS NGINEERING LLP PRELIMINARY PLAT - LIGHT PLAN MAP MOYLE VILLAGE & MOYLE HEIGHTS SUBDIVISIO VILLAGE HEIGHTS ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Page 1 of 17 Staff Technical Report 4/19/2021 Development: Candau Moyle North Development Lead Agency: City of Star Shawn Nickel 10769 W. State Street Star, ID 83669 [EMAIL REDACTED] Phone: (208) 286-7247 Location: North of Beacon Light Road between Wing Road and SH-16. SH-16 MP 102.0 Applicant: Sabrina Toll Brothers 3103 W Sheryl Drive, Suite 100 Meridian, ID 83642 Phone: [PHONE REDACTED] Consultant: Lauren Nuxoll Kittelson & Associates 101 S Capitol Boulevard, Suite 600 Boise, ID 83702 [EMAIL REDACTED] Phone: [PHONE REDACTED] Staff Contact: Regan Hansen ITD – District 3 Traffic Signal Engineer [EMAIL REDACTED] Phone: [PHONE REDACTED] ---PAGE BREAK--- Page 2 of 17 Proportionate Share Contribution ITD District 3 has issued Memo 39-Development Proportionate Share Contribution (Updated 11-13-2020) as a means to request equitable contribution from developers to improve public facilities needed to serve new growth and development. ITD does not have jurisdictional authority to require proportionate share contribution from the developer because they are not asking for a direct access approach. ITD and the city of Star have entered into an Intergovernmental Agreement for the city to collect proportionate share contributions on the department’s behalf to be used towards future ITIP projects on the State highway system jointly selected by the two agencies. Intersection Proportionate Share Contribution SH-16 / Beacon Light Rd N/A SH-16 / Floating Feather Rd $46,615 TOTAL $46,615 Per household unit Approx. $281 Traffic Impact Study Overview 1. Proposed Development The proposed Candau Moyle North Development will contain 166 single-family homes. The proposed build-out year is 2025. 2. Vicinity Map Not to Scale ---PAGE BREAK--- Page 3 of 17 3. Trip Generation 4. Trip Distribution 5. Traffic Impact Study Recommendations Dated: March 1, 2021 Kittleson & Associates prepared a traffic impact study for the proposed Candau Moyle North Development. Below is an executive summary of the findings and recommendations presented in the TIS by Kittleson & Associates. The following summary is not the opinion of ITD staff. ITD staff has reviewed the submitted traffic impact study for consistency with ITD policies and practices and may have additional and/or varied requirements beyond what is noted in the summary. ---PAGE BREAK--- Page 4 of 17 ---PAGE BREAK--- Page 5 of 17 ITD Proportionate Share Contributions 1. SH-16 and Beacon Light Road *All supporting documentation in Appendix A Per the TIS, the signalized intersection of SH-16 and Beacon Light Road functions at acceptable levels of service for the existing, 2025 background, and 2025 total traffic conditions for both AM and PM peaks. Staff does not recommend any proportionate share contributions at the intersection of SH-16 and Beacon Light Road. 2. SH-16 and Floating Feather Road *All supporting documentation in Appendix B Per the TIS, the intersection of SH-16 and Floating Feather Road fails with LOS E for the eastbound approach and LOS F for the westbound approach in both the AM and PM peak hours of the existing condition. The congestion and safety concerns significantly increase in 2025 background and total traffic conditions. The report recommends restricting Floating Feather Road to right-in/right-out/left-in. ITD has had discussions with ACHD regarding limiting Floating Feather Road / SH-16 to right-in, right-out, left-in. Due to additional development in the area, the road also meets warrants for dedicated northbound and southbound right turn lanes. As discussed at the D3 TIS Committee Review meeting on April 14, 2021, ITD shall start asking for proportionate share to restrict and improve this intersection moving forward. Staff estimates the design and construction costs for adding right turn lanes on SH-16, extending the existing left turn lanes and installing concrete traffic separator to be approximately $793,963. ---PAGE BREAK--- Page 6 of 17 Proportionate share shall be based on the development’s total site traffic at this intersection versus 2025 traffic volumes identified in the TIS. Site Traffic Total 2025 Traffic Proportionate Share Calculations AM Site = 80 AM Total = 1,436 AM % = 5.57 PM Site = 108 PM Total = 1,750 PM % = 6.17 Average Proportionate Share Percentage Avg % = 5.87 SH-16 / Floating Feather Rd Cost Estimate $793,963 Proportionate Share Contribution $46,615 Staff calculates the developer’s proportionate share to be $46,615 (5.87%) based on site trips versus total intersection trips at the 2025 total buildout year. *ITD Staff Recommendations are intended to assure that the proposed development will not place an undue burden on the existing State Highway system within the vicinity impacted by the proposed development. Recommendations included in ITD’s Staff Technical Report along with any development conditions (see associated Permit Committee Agenda/Minutes) is only valid for the period of one year from the date of the TIS report. ITD reserves the right to request an updated TIS to reflect current traffic conditions if an approved encroachment application and/or proportionate share contribution are not obtained/provided within one year. 3. Appendices Appendix A SH-16 / Beacon Light Road Documentation Appendix B SH-16 / Floating Feather Road Documentation ---PAGE BREAK--- Page 7 of 17 Appendix A SH-16 / Beacon Light Road Documentation ---PAGE BREAK--- Page 8 of 17 ---PAGE BREAK--- Page 9 of 17 ---PAGE BREAK--- Page 10 of 17 ---PAGE BREAK--- Page 11 of 17 Appendix B SH-44 / Floating Feather Road Documentation ---PAGE BREAK--- Page 12 of 17 ---PAGE BREAK--- Page 13 of 17 ---PAGE BREAK--- Page 14 of 17 ---PAGE BREAK--- Page 15 of 17 ---PAGE BREAK--- Page 16 of 17 ---PAGE BREAK--- Page 17 of 17 ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov Page 1 of 2 April 30, 2021 Sabrina Toll Brothers 3103 W Sheryl Drive, Suite 100 Meridian, ID 83642 Phone: [PHONE REDACTED] VIA EMAIL RE: Candau Moyle North Development – ITD Development Condition Memo Dear Ms. The Idaho Transportation Department (ITD) appreciated the opportunity to review the Candau Moyle North Development Traffic Impact Study (TIS) located North of Beacon Light Road between Wing Road and SH-16. We have completed our review and although we do not have any technical questions, we do have concerns for the development’s added trips to the intersection of SH-16 /Floating Feather Road. ITD has entered into an agreement with the city of Star to collect a proportionate share contribution from each new development for impacts to the State highway system. As two agencies we are working together to accelerate highway construction within Star’s area of impact to accommodate new development growth. ITD values your contribution to the transportation system so we can help keep goods, services and the public moving at an efficient pace. Per the TIS, the intersection of SH-16 and Floating Feather Road has failing westbound movements by 2025 buildout. The TIS recommends limiting the Floating Feather Road / SH-16 intersection to right-in, right-out, left-in. This is in alignment with discussions the department has had with ACHD regarding this intersection. Due to additional development in the area, the road also meets warrants for dedicated northbound and southbound right turn lanes along with extending the existing northbound and southbound left turn lanes to meet current ITD design standards. As discussed at the D3 TIS Committee Review meeting on April 14, 2021, ITD shall start asking for proportionate share to restrict and improve this intersection moving forward. ITD determined Candau Moyle North Development’s proportionate share contribution as the following. Details of the proportionate share calculation are included in the attached ITD Staff Technical Report. ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov Page 2 of 2 Maintaining safety and mobility for Idaho’s motorists is of utmost importance to ITD. We appreciate your improvements to livability in Star, Idaho as we want all residents to travel safely and efficiently around the Treasure Valley. If you have any questions please contact me by email at [EMAIL REDACTED] or [PHONE REDACTED] extension Sincerely, Erika R. Bowen, P.E. ITD – District 3 Development Services Manager Cc: Shawn Nickel – City of Star Paige Bankhead – ACHD Lauren Nuxoll – Kittelson & Associates ---PAGE BREAK--- GROWING POSSIBILITIES 131 SW 5th Ave, Suite A Meridian, ID 83642 (208) 288-1992 J:\203010\418 - Moyle Village Heights\2021-04-29 PP Review 1\2021-04-29 Star, Moyle Village, PP Ltr, Rev 1.docx May 3, 2021 Mayor Trevor Chadwick City of Star P.O. Box 130 Star, ID 83669 Re: Moyle Village & Heights Subdivision Preliminary Plat Application Dear Mayor: Keller Associates, Inc. has reviewed the Preliminary Plat for the Moyle Village & Heights Subdivision dated March 31, 2021. We reviewed the applicant’s package to check conformance with the City’s Subdivision Ordinance and coordinated our review with Shawn L. Nickel. We have the following comments based on our review. 1. Provide in note or graphically easement dimensions for easements. 2. Please identify common lots. 3. Turnarounds/Hammerhead: Fire Code requires 60’ legs (120 total) from center of road. 4. Plat will need to be stamped and signed. 5. Provide streetlight at every intersection, knuckle, bulb out and corner (greater than 60 degrees). Street lighting shall be in accordance with ISPWC and the City of Star Supplementals. Cut sheet for lights and light poles shall be approved in writing by the City prior to installation. 6. It appears that some labels are covering the locations of utilities, please update to ensure all utilities are visible. 7. This subdivision will need to be annexed into the Star Sewer and Water District to provide water and sewer to the site. 8. Construction plans for a subdivision-wide pressure irrigation system will be required for each final plat. Plan approvals and license agreements from the affected irrigation and/or canal companies will be required. 9. Construction plans for a subdivision-wide pressure irrigation system will be required for each final plat. Plan approvals and license agreements from the affected irrigation and/or canal companies will be required. 10. Historic irrigation lateral, drain, and ditch flow patterns shall be maintained unless approved in writing by the local irrigation district or ditch company. 11. Finish grades at subdivision boundaries shall match existing finish grades. Runoff shall be maintained on subdivision property unless otherwise approved. ---PAGE BREAK--- J:\203010\418 - Moyle Village Heights\2021-04-29 PP Review 1\2021-04-29 Star, Moyle Village, PP Ltr, Rev 1.docx 12. Landscape plans including fencing, buffer areas, and street trees will have to conform to the City subdivision ordinance. We recommend that the conditions 1 and 6 listed above be addressed prior to approval of the Preliminary Plat. Any variance or waivers to the City of Star standards, ordinances, or policies must be specifically approved in writing by the City. Approval of the above-referenced Preliminary Plat does not relieve the Registered Professional Land Surveyor or the Registered Professional Engineer of those responsibilities. If you have any questions, please do not hesitate to call Keller Associates at (208) 288-1992. Sincerely, KELLER ASSOCIATES, INC. Ryan V. Morgan, P.E. City Engineer cc: File ---PAGE BREAK--- FIRE DISTRICT STAFF REPORT Moyle Village/Heights Subdivision Middleton Rural Fire District Star Fire Protection District 302 E. Main Street 11665 State Street, Suite B Middleton, Idaho 83644 Star, Idaho 83669 DATE: May 25, 2021 TO: City of Star, Planning & Zoning FROM: Victor Islas, Deputy Chief SUBJECT: Fire District Review PROJECT NAME: Moyle Village/Heights Subdivision (PP-21-06, PR-21-05, DA-21-05) Fire District Summary Report: Overview: This development can be serviced by the Star Fire Protection District. This development shall comply with the 2018 International Fire Code (IFC) and any codes set forth by the City of Star, Idaho. Fire Response Time: This development will be served by the Star Fire Protection District Station 51, located at 11655 W. State St., Star, Idaho. Station 51 is 3.4 miles with a travel time of 8 minutes under ideal driving conditions to the proposed entrance of the development. Accessibility: Roadway Access, Traffic, Radio Coverage Access roads shall be provided and maintained following Appendix D and Section 503 of the IFC. Access shall include adequate roadway widths, signage, turnarounds, and turning radius for fire apparatus. The fire district requires that Autoturn models be submitted for review. Autoturn models should be reflect a standard fire engine and 50’ ladder truck. One-or two-family dwellings residential developments: Developments of one-or two-family dwellings where the number of dwellings units exceeds 30 shall provide with at least two separate and approved fire apparatus access roads. Access road design shall be designed and constructed to allow for evacuation simultaneously with emergency response operations. All access roads in this development shall remain clear and unobstructed during construction of the development. Additional parking restrictions may be required as to maintain access for emergency vehicles at all times. Hydrants shall remain unobstructed at all times per city code. An unobstructed vertical clearance of no less than 13 feet 6 inches shall be maintained at all times. Residential structures that sit more than 150ft off the roadway will require additional emergency turn- around on the property. Road clearance for emergency services shall be maintained at all times. This includes removal of snow during winter months. Please note snow removal piles shall not block entrances or turn-arounds. ---PAGE BREAK--- FIRE DISTRICT STAFF REPORT Moyle Village/Heights Subdivision Middleton Rural Fire District Star Fire Protection District 302 E. Main Street 11665 State Street, Suite B Middleton, Idaho 83644 Star, Idaho 83669 The applicant shall work with City of Star, Ada County and Fire District to provide an address identification plan and signage which meets the requirements set forth by each agency. Addressing shall be placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 Upon commencement of initial construction of a new structure, a clear visible freestanding sign or post hall be erected and maintained in place until the permanent address numerals are attached or otherwise displaced upon the premises at completion. Specialty/Resource needs: None Water Supply: Water supply requirements will be followed as described in Appendix B of the 2015 International Fire Code unless agreed upon by the Fire District. 1. Fire Flow: One- and two-family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 1 hours to service the entire project. One- and two-family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. 2. Water Supply: Acceptance of the water supply for fire protection will be by the Fire District and water quality by the Star Sewer & Water District for bacteria testing. 3. Water Supply: Final Approval of the fire hydrant locations shall be by the Star Fire Protection District or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the City of Star and Star Sewer and Water District Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Inspections: Final inspection by the Fire District of the above listed including hydrant flow must be completed before building permits are issued Additional Comments: Streetlights shall be turned on once residential building begins, Lighting is essential in assisting first responders with identifying entrances safely while responding to calls for service. ---PAGE BREAK--- Jerry A. Kiser Attorney at Law P.O. Box 8389 Boise, Idaho 83707 (208) 861-4657 May 18, 2021 CITY OF STAR Attn. Shawn L. Nickel P.O. Box 130 Star, ID 83669 Re: Moyle Village/Heights Subdivision Files PR-21-05 Private Road; DA-21-05 Development Agreement; and, PP-21-06 Preliminary Plat Dear Mr. Nickel: I write as attorney for Farmers Union Ditch Company, Inc., (Farmers Union) regarding the above referenced proposed development. This letter is in response to the notice of public hearing sent to Farmers Union on April 19, 2021 regarding the proposed project. Regarding the proposed development and subdivision, Farmers Union has certain requirements which include, but are not limited to, the following: 1. The property owner must enter into a written agreement with Farmers Union which will address various aspects and requirements involved in the subdivision. Farmers Union has adopted an approval process for all subdivision proposals submitted to Farmers Union for review. 2. The developer/property owner must recognize Farmers Union's right-of-way for cleaning, maintenance and repair of its canal, which is generally 25 feet on each side of the canal measured from the top of the ditch bank but may be more than 25 feet depending on topography, soils and other factors. Further, as provided by Idaho law, no improvements including but not limited to, fences, structures, roads, pipelines or other construction is to be placed in the right-of-way without Farmers Union's written permission. Farmers Union strongly recommends its right-of-way be platted as common area lots to prevent encroachment or unauthorized improvements in the right-of-way by lot owners. 3. No change in the point of diversion or place of use of the water is allowed unless approved by Farmers Union. It is understood that the developer has obtained approval to use a part of the irrigation water rights it has in Boise Valley Irrigation Ditch Company from ground south of the Farmers Union canal, the current place of use, to other property it owns north of the Farmers ---PAGE BREAK--- Union canal. This land did not previously have an appurtenant water right. The Idaho Department of Water Resources has approved this change in the place of use. Since the Boise Valley water rights are being severed from ground south of the canal and moved to ground north of the canal, this water will need to have an independent delivery system separate and apart from the current delivery from headgate number 125 which serves the property on the south side of the canal. 4. Farmers Union will not assume responsibility for private ditches or the delivery of water once water is turned out of the company's main canals or laterals. However, Farmers Union recommends approval of any private distribution lateral which delivers water to the proposed subdivision be obtained. It should be noted that there are two other water users served by headgate 125 and the proposed development must not interfere with the historical delivery of these water users water rights. 5. Any construction activities, including road or other construction must be completed at times and in a manner so as not to interfere in any way with Farmers Union's delivery of water or cleaning, maintenance, and repairs to its canal. 6. In most circumstances, Farmers Union requires subdivisions install a pressurized irrigation system. Any such system must be pre-approved by Farmers Union and be capable of measuring water used by the subdivision. 7. Pursuant to Idaho law, the written permission of Farmers Union or any of its laterals must be obtained before any of its ditches, canals, or laterals are buried in irrigation pipe or moved by any land owner. Additionally, rights-of- way for any private ditches, pipes or laterals which may be located within the proposed subdivision must not be interfered with and must be protected. 8. Water shares in Farmers Union must be transferred to a Homeowners Association for payment of assessments and for continuity of communication. Please note Farmers Union reserves the right to submit further input prior to final approval of any subdivision or other project. If you have any questions regarding the foregoing, please feel free to contact me. rely, erry A. Kiser Attorney at Law cc: Farmers Union Ditch Company, Ltd. West Beacon Light, LLC Engineering Solutions, LLP ---PAGE BREAK--- April 30, 2021 By e-mail: [EMAIL REDACTED] City of Star P.O. Box 130 Star, Idaho 83669 Subject: Moyle Village/Heights Subdivision, PP-21-06/PR-21-05/DA-21-05 Dear Mr. Nickel: Thank you for the opportunity to respond to your request for comment. While DEQ does not review projects on a project-specific basis, we attempt to provide the best review of the information provided. DEQ encourages agencies to review and utilize the Idaho Environmental Guide to assist in addressing project-specific conditions that may apply. This guide can be found at: deq.idaho.gov/assistance- resources/environmental-guide-for-local-govts. The following information does not cover every aspect of this project; however, we have the following general comments to use as appropriate: 1. AIR QUALITY • Please review IDAPA 58.01.01 for all rules on Air Quality, especially those regarding fugitive dust (58.01.01.651), trade waste burning (58.01.01.600-617), and odor control plans (58.01.01.776). • All property owners, developers, and their contractor(s) must ensure that reasonable controls to prevent fugitive dust from becoming airborne are utilized during all phases of construction activities per IDAPA 58.01.01.651. • DEQ recommends the city/county require the development and submittal of a dust prevention and control plan for all construction projects prior to final plat approval. Dust prevention and control plans incorporate appropriate best management practices to control fugitive dust that may be generated at sites. • Citizen complaints received by DEQ regarding fugitive dust from development and construction activities approved by cities or counties will be referred to the city/county to address under their ordinances. Brad Little, Governor Jess Byrne, Director 1445 N Orchard Street, Boise, ID 83706 (208) 373-0550 ---PAGE BREAK--- Response to Request for Comment April 30, 2021 Page 2 • Per IDAPA 58.01.01.600-617, the open burning of any construction waste is prohibited. The property owner, developer, and their contractor(s) are responsible for ensuring no prohibited open burning occurs during construction. • For questions, contact David Luft, Air Quality Manager, at (208) 373-0550. 2. WASTEWATER AND RECYCLED WATER • DEQ recommends verifying that there is adequate sewer to serve this project prior to approval. Please contact the sewer provider for a capacity statement, declining balance report, and willingness to serve this project. • IDAPA 58.01.16 and IDAPA 58.01.17 are the sections of Idaho rules regarding wastewater and recycled water. Please review these rules to determine whether this or future projects will require DEQ approval. IDAPA 58.01.03 is the section of Idaho rules regarding subsurface disposal of wastewater. Please review this rule to determine whether this or future projects will require permitting by the district health department. • All projects for construction or modification of wastewater systems require preconstruction approval. Recycled water projects and subsurface disposal projects require separate permits as well. • DEQ recommends that projects be served by existing approved wastewater collection systems or a centralized community wastewater system whenever possible. Please contact DEQ to discuss potential for development of a community treatment system along with best management practices for communities to protect ground water. • DEQ recommends that cities and counties develop and use a comprehensive land use management plan, which includes the impacts of present and future wastewater management in this area. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Valerie Greear, Water Quality Engineering Manager at (208) 373-0550. 3. DRINKING WATER • DEQ recommends verifying that there is adequate water to serve this project prior to approval. Please contact the water provider for a capacity statement, declining balance report, and willingness to serve this project. • IDAPA 58.01.08 is the section of Idaho rules regarding public drinking water systems. Please review these rules to determine whether this or future projects will require DEQ approval. • All projects for construction or modification of public drinking water systems require preconstruction approval. • DEQ recommends verifying if the current and/or proposed drinking water system is a regulated public drinking water system (refer to the DEQ website at: deq.idaho.gov/water- quality/drinking-water.aspx). For non-regulated systems, DEQ recommends annual testing for total coliform bacteria, nitrate, and nitrite. • If any private wells will be included in this project, we recommend that they be tested for total coliform bacteria, nitrate, and nitrite prior to use and retested annually thereafter. ---PAGE BREAK--- Response to Request for Comment April 30, 2021 Page 3 • DEQ recommends using an existing drinking water system whenever possible or construction of a new community drinking water system. Please contact DEQ to discuss this project and to explore options to both best serve the future residents of this development and provide for protection of ground water resources. • DEQ recommends cities and counties develop and use a comprehensive land use management plan which addresses the present and future needs of this area for adequate, safe, and sustainable drinking water. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Valerie Greear, Water Quality Engineering Manager at (208) 373-0550. 4. SURFACE WATER • Please contact DEQ to determine whether this project will require a National Pollution Discharge Elimination System (NPDES) Permit. A Construction General Permit from EPA may be required if this project will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land. • If this project is near a source of surface water, DEQ requests that projects incorporate construction best management practices (BMPs) to assist in the protection of Idaho’s water resources. Additionally, please contact DEQ to identify BMP alternatives and to determine whether this project is in an area with Total Maximum Daily Load stormwater permit conditions. • The Idaho Stream Channel Protection Act requires a permit for most stream channel alterations. Please contact the Idaho Department of Water Resources (IDWR), Western Regional Office, at 2735 Airport Way, Boise, or call (208) 334-2190 for more information. Information is also available on the IDWR website at: channel-alteration-permits.html • The Federal Clean Water Act requires a permit for filling or dredging in waters of the United States. Please contact the US Army Corps of Engineers, Boise Field Office, at 10095 Emerald Street, Boise, or call [PHONE REDACTED] for more information regarding permits. For questions, contact Lance Holloway, Surface Water Manager, at (208) 373-0550. 5. SOLID WASTE, HAZARDOUS WASTE AND GROUND WATER CONTAMINATION • Solid Waste. No trash or other solid waste shall be buried, burned, or otherwise disposed of at the project site. These disposal methods are regulated by various state regulations including Idaho’s Solid Waste Management Regulations and Standards (IDAPA 58.01.06), Rules and Regulations for Hazardous Waste (IDAPA 58.01.05), and Rules and Regulations for the Prevention of Air Pollution (IDAPA 58.01.01). Inert and other approved materials are also defined in the Solid Waste Management Regulations and Standards • Hazardous Waste. The types and number of requirements that must be complied with under the federal Resource Conservations and Recovery Act (RCRA) and the Idaho Rules and Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity and type of waste generated. ---PAGE BREAK--- Response to Request for Comment April 30, 2021 Page 4 Every business in Idaho is required to track the volume of waste generated, determine whether each type of waste is hazardous, and ensure that all wastes are properly disposed of according to federal, state, and local requirements. • Water Quality Standards. Site activities must comply with the Idaho Water Quality Standards (IDAPA 58.01.02) regarding hazardous and deleterious-materials storage, disposal, or accumulation adjacent to or in the immediate vicinity of state waters (IDAPA 58.01.02.800); and the cleanup and reporting of oil-filled electrical equipment (IDAPA 58.01.02.849); hazardous materials (IDAPA 58.01.02.850); and used-oil and petroleum releases (IDAPA 58.01.02.851 and 852). Petroleum releases must be reported to DEQ in accordance with IDAPA 58.01.02.851.01 and 04. Hazardous material releases to state waters, or to land such that there is likelihood that it will enter state waters, must be reported to DEQ in accordance with IDAPA 58.01.02.850. • Ground Water Contamination. DEQ requests that this project comply with Idaho’s Ground Water Quality Rules (IDAPA 58.01.11), which states that “No person shall cause or allow the release, spilling, leaking, emission, discharge, escape, leaching, or disposal of a contaminant into the environment in a manner that causes a ground water quality standard to be exceeded, injures a beneficial use of ground water, or is not in accordance with a permit, consent order or applicable best management practice, best available method or best practical method.” For questions, contact Albert Crawshaw, Waste & Remediation Manager, at (208) 373-0550. 6. ADDITIONAL NOTES • If an underground storage tank (UST) or an aboveground storage tank (AST) is identified at the site, the site should be evaluated to determine whether the UST is regulated by DEQ. EPA regulates ASTs. UST and AST sites should be assessed to determine whether there is potential soil and ground water contamination. Please call DEQ at (208) 373-0550, or visit the DEQ website deq.idaho.gov/waste-mgmt-remediation/storage-tanks.aspx for assistance. • If applicable to this project, DEQ recommends that BMPs be implemented for any of the following conditions: wash water from cleaning vehicles, fertilizers and pesticides, animal facilities, composted waste, and ponds. Please contact DEQ for more information on any of these conditions. We look forward to working with you in a proactive manner to address potential environmental impacts that may be within our regulatory authority. If you have any questions, please contact me, or any of our technical staff at (208) 373-0550. Sincerely, Aaron Scheff Regional Administrator DEQ-Boise Regional Office EDMS#: 2021AEK79 ---PAGE BREAK--- ---PAGE BREAK--- Jerry A. Kiser Attorney at Law P.O. Box 8389 Boise, Idaho 83707 (208) 861-4657 May 19, 2021 CITY OF STAR Attn. Shawn L. Nickel P.O. Box 130 Star, ID 83669 Re: Moyle Village/Heights Subdivision Files PR-21-05 Private Road; DA-21-05 Development Agreement; and, PP-21-06 Preliminary Plat Dear Mr. Nickel: I write as attorney for Lloyd and Betty Akins who reside at 10390 W. Beacon Light Star, Idaho regarding the above referenced proposed development. This letter is in response to the notice of public hearing dated April 19, 2021 regarding the proposed project. The Akins' own approximately 40 acres at the northeast corner of Beacon Light and Wing roads. The Akins' acreage is irrigated from a headgate out of the Farmers Union canal which headgate is located on the ground proposed to be developed by this project. The irrigation delivery pipe which serves the Akins' 40 acres runs from the Farmers Union canal south to a point where it turns west and goes to the Akins' property. Where the pipe runs south from the headgate it is about 20 feet east of the proposed projects west property line. I have enclosed a copy of a NOTICE OF RIGHT-OF-WAY recorded as instrument number 2018-032209 with the Ada County recorder on April 18, 2018. The right-of-way the Akins' have for their pipe is provided for by Idaho Code § 42-1102. This section of the Idaho Code not only grants the right-of-way but also states, "No person or entity shall cause or permit any encroachments onto the right-of-way, including public or private roads, utilities, fences, gates, pipelines, structures, landscaping, trees, vegetation, or other construction or placement of objects, without the written permission of the owner or operator of the right-of-way, in order to ensure that any such encroachments will not unreasonably or materially interfere with the use and enjoyment of the right-of-way." The plans which have been presented to the City and which the Akins' are aware propose to place and construct a number of the items identified in Idaho Code § 42-1102 which require my clients written permission. My clients request the City not approve any improvements on the property which are proposed but do not have my clients written approval. ---PAGE BREAK--- Please note the Akins' reserve the right to submit further input prior to final approval of any subdivision or other project which may impact their right-of-way. If you have any questions regarding the foregoing, please feel free to contact me. Sincer y A. Kiser Attorney at Law cc: Client West Beacon Light, LLC Engineering Solutions, LLP ---PAGE BREAK--- JERRY A. KISER ATTORNEY AT LAW P.O. Box 8389 Boise, Idaho 83707 Telephone: (208) 861-4657 Idaho State Bar No. 3719 ADA COUNTY RECORDER Christopher D. Rich 2018-032209 BOISE IDAHO Fgs=3 °HE FOWLER 04/11/2018 04:06 PM JERRY KISER AT LAW AMOUNT:$16.00 11 1 11 11111 III 001 2I111 2121019113101013151 I 1 111 1 In NOTICE OF RIGHT-OF-WAY Know all men by these presents that: Pursuant to Idaho Code section 42-1102, the Lloyd and Betty Akins Family Trust and any successor in interest to the real property currently owned by the Lloyd and Betty Akins Family Trust which property is located at 10390 W. Beacon Light Road, Star Ada County Idaho consisting of approximately 40 acres has a right-of-way under Idaho law along and across that certain buried irrigation pipe which right-of-way is for the purpose of cleaning, maintaining, repairing and replacement of said pipe. The buried pipe and the right-of-way identified herein runs from the Farmers Union canal to the property owned by the Lloyd and Betty Akins Family Trust over and across certain real property located in Star, Ada County, State of Idaho owned by the Marjorie Moyle Trust which right-of-way is more particularly described as follows: See Exhibit A attached hereto. LLOYD AND BETTY AKINS FAMILY TRUST By: Lloyd A ins, Trustee NOTICE OF RIGHT-OF-WAY 1 ---PAGE BREAK--- STATE OF IDAHO) )ss. COUNTY OF ADA ) On this Lalay of ry 2018, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Lloyd Akins known or identified to me (on the basis of satisfactory evidence), to be Trustee of the Trust that executed the instrument or the person who executed the instrument on behalf of said Trust, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first abDye written. Public or the State of Idaho . .44 , % siding in Ada County, Idaho : 1 NRY % i +o „ • . . . y Commission Expires: ; ,s5, • : - N, i o i P V 'i : : : % c TE NOTICE OF RIGHT-OF-WAY 2 ---PAGE BREAK--- EXHIBIT A The right-of-way is 15 feet on each side of a buried irrigation pipe which irrigation pipe is south of the Farmers Union canal and located approximately 20 feet east of the west boundary of the following described real property: A parcel of land located in the NE 1/4 of the SE 1/4 and the SE 1/4 of the NE 1/4 of Section 32, T. 5N., R. 1 B.M., Ada County, Idaho more particularly described as follows: Commencing at the Southeast corner of said section 32, from which the South 1/4 corner of said section bears North 89°07'55" West, 2634.58 feet; Thence along the section line common to sections 32 and 33 North 00°26'48" East, 1326,26 feet to an aluminum cap marking the South 1/16 corner and the REAL POINT OF BEGINNING. Thence along the South line of the NE 1/4 of the SE 1/4 North 89°13'35" West, .50.00 feet to a 5/8 iron pin; Thence departing said line North 00°26'45" East, 174.24 feet to a 5/8 iron pin; Thence North 89°13'35" West, 250.00 feet to a 5/8 iron pin; Thence South 00°26'45" West, 174.24 feet to a 5/8 iron pin on the South line of the NE 1/4 of the SE 1/4; Thence along said line North 89°13'35" West, 358.28 feet_t9A 5/8 iron pin; Thence departing said line North 00009'32" East, 39.91 feet to a 5/8 iron pin; Thence North 89008'08" West, 658.19 feet to a 5/8 iron pin lying on the West line of the NE 1/4 of the SE 1/4; Thence along said line North 00°29'42" East, 1283.07 feet to a 5/8 iron pin marking the CE 1/16 corner; Thence North 00°33'54" East, 1321.96 feet to a brass cap marking the NE 1/16 corner; Thence South 89°30'25" East, 1312.72 feet to a 5/8 iron pin marking the North 1/16 corner common to section 33 and said section 32; Thence South 00°26'32" West, 1326,21 feet to a 5/8 iron pin marking the 1/4 corner common to said sections 32 and 33; Thence South 00°26'45" West, 1326.22 feet to the Point of Beginning. Containing 78.37 acres, more of less. Said real property is also known as Ada County tax parcel # s0332141810 ---PAGE BREAK--- ORDINANCE NO. 331 (CANVASBACK SUBDIVISION ANNEXATION) AN ORDINANCE ANNEXING TO THE CITY OF STAR CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO; MORE GENERALLY LOCATED AT THE SOUTHWEST CORNER OF W. NEW HOPE ROAD AND N. WING ROAD; MORE SPECIFICALLY ADA COUNTY PARCELS S0405244200 AND S0405244700, IN STAR, IDAHO AND CONTIGUOUS TO THE CITY OF STAR; THE PROPERTY IS OWNED BY CHALLENGER DEVELOPMENT, INC; ESTABLISHING THE ZONING CLASSIFICATION OF THE ANNEXED PROPERTY AS RESIDENTIAL WITH A DEVELOPMENT AGREEMENT (R3-DA) OF APPROXIMATELY 30.49 ACRES; DIRECTING THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon County, Idaho (“the City”), is a municipal corporation organized and operating under the laws of the State of Idaho and is authorized to annex and to incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, pursuant to Section 67-6524, Idaho Code, the City of Star has adopted the Unified Development Code Ordinance, the same being Ordinance No. 303, adopted on March 3, 2020 and subsequently amended; and WHEREAS, the owner(s) of the real property situated in the unincorporated areas of Ada County and particularly described in Section 2 of this Ordinance have requested, in writing, annexation of said real property to the City of Star; and WHEREAS, the Mayor and Council, held a public hearing on January 19, 2021 on the proposed annexation and zoning of the property described in Section 2 below, as required by Section 67-6525, Idaho Code, and determined that the requested annexation should be granted and that the annexed property should be zoned Residential with a Development Agreement (R-4-DA) pursuant to the Unified Development Code of the City of Star. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR, IDAHO, as follows: Section 1: The Mayor and Council of the City of Star, Idaho, hereby find and declare that the real property described in Section 2 of this Ordinance is contiguous to the City, that said property can be reasonably assumed to be used for orderly development of the City, that the owner(s) of said property have requested, in writing, annexation of said property by the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied. Section 2: The real property, described in the attached “Exhibit situated in Ada County, Idaho, is hereby annexed into the City of Star. From and after the effective date of this ---PAGE BREAK--- Ordinance, the residents and other occupants and property owners within such area shall enjoy all the rights and responsibilities and shall be subject to all ordinances, resolutions, police regulations, taxation and other powers of the City of Star as their fellow residents, occupants, and owners within the City of Star. Section 3: The zoning land use classification of the land described in Section 2 above, is hereby established as Residential with a Development Agreement (R-4-DA), as provided by the Unified Development Code of the City of Star. The Zoning Map of the City is hereby amended to include the real property described in Section 2 above in the Residential with a Development Agreement (R-4-DA) land use classification. Section 4: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 5: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code maybe be published. DATED this day of 2021. CITY OF STAR Ada and Canyon County, Idaho BY: ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk ---PAGE BREAK--- A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- DEVELOPMENT AGREEMENT CANVASBACK SUBDIVISION This Development Agreement ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and Challenger Development, Inc, hereinafter referred to as "Owner". WHEREAS, Owner owns a parcel of land of approximately 30.49 acres in size, currently located within Ada County, zoned RUT and more particularly described in Exhibit A of Ordinance 331, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Owner has requested that the Property be annexed into the City and developed in accordance with the applicable ordinances and regulations of the City and this Agreement; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, Owner desires to be assured that it may proceed with allowing its Property to be rezoned in accordance with this Agreement; WHEREAS, the parties agree to the zoning designations for various parcels within the Property to be rezoned in accordance with this Agreement; WHEREAS, Owner filed with the City of Star, a Request for Annexation and Rezone of the Property and Zoning of R-4-DA, as File No. AZ-20-11, so that the City can review all the applications affecting the use and development of the Property in an integrated manner consistent with the City's Comprehensive Plan and land use ordinances; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, the City and Owner, for and in consideration of the mutual covenants, duties and obligations herein set forth, hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. ---PAGE BREAK--- Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. As to the Parcel shown on Exhibit A, Owner is allowed to develop 30.49 acres as follows: • Zoning Classification: The zoning classification shall be a R-4-DA. • The Owner shall comply with all city ordinances relating to the property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat/Concept Plan, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 106 single-family residential lots. 2.4 Setbacks. The development shall follow the setbacks required in the R-4 zoning district for the Residential Uses. 2.5 Additional Requirements: • All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. • Lot 2, Block 8, and Lots 21-23, Block 2 shall be restricted to single-story home construction. This shall be a plat note and a deed restriction. This condition shall be included as part of the recorded CC&R’s and shall remain as a condition forever. • The applicant shall remove the proposed street connection to N. Wing Road prior to the submittal of the final plat for the specific phase with the connection only if ACHD approves the removal of the connection prior to final plat submittal. Written approval from ACHD shall be required. • If the proposed street connection to N. Wing Road is not removed, the applicant shall work with the property owner to the immediate east of the street connection onto N. Wing Road to provide a landscape buffer, (approximately 12’ long and 3’ wide, of 4’ tall shrubbery) located opposite of the Redstart Street connection to Wing Road. The landscaping would prevent vehicle headlights from encroaching onto the existing residence. This shall be required only if the property owner agrees to the buffer. The applicant shall submit a written letter of intent from the property owner prior to submittal of final plat for the phase. If a buffer is agreed upon, the applicant shall revise the landscape plan for that phase to recognize and detail the buffer. 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the $188,000.00 traffic mitigation fee ---PAGE BREAK--- determined by the Idaho Transportation Department as follows: the Developer will pay the City $1,773.58 per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fail to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by Owner before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. Owner shall provide an affidavit agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit is incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein. This Agreement may be modified or terminated by the. Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the ---PAGE BREAK--- subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the City and Owner, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. ---PAGE BREAK--- Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 Owner: Challenger Development, Inc. Corey Barton, Member 1977 E. Overland Road Meridian, ID 83642 7.5 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto of a fully executed copy of this Agreement. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- OWNER: Challenger Development, Inc. Corey Barton, Managing Member STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Corey Barton, known or identified to me to be the person who subscribed his name to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: ---PAGE BREAK--- PHASE 1 PHASE 2 L Y E I A B A. D I V A D P R O F E S S I O E N G I N E E R N A L R E G I S T E R E D S T A T E O F I D A H O 8 2 72 NOT FOR CONSTRUCTION TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. DEVELOPMENT FEATURES ACREAGE TOTAL PARCEL - 30.49 ACRES TOTAL LOTS - 117 BUILDABLE LOTS - 106 RESIDENTIAL - 106 COMMON LOTS - 11 DENSITY DU/ACRE - 3.48 COMMON AREA - 5.30 ACRES - 17.4% USEABLE OPEN SPACE - 4.51 ACRES 14.8% PHASES PHASE 1 - 77 BUILDABLE - 71 COMMON - 6 PHASE 2 - 40 BUILDABLE - 35 COMMON - 5 ZONING EXISTING - RUT/RT PROPOSED - R-4 SEWAGE DISPOSAL STAR SEWER AND WATER DISTRICT WATER SUPPLY STAR SEWER AND WATER DISTRICT CITY STAR SCHOOL DISTRICT STAR FIRE DISTRICT STAR IRRIGATION DISTRICT FARMERS UNION DITCH COMPANY LTD OWNERS HYNES PATRICK & RHONDA TRUST 4835 HWY 20 CORVALLIS, OR 97330 DEVELOPER TRILOGY DEVELOPMENT, INC. 9839 W. CABLE CAR ST. BOISE ID 83709 ENGINEER DAVID A. BAILEY, P.E. BAILEY ENGINEERING, INC. 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 [PHONE REDACTED] PLANNER/CONTACT JANE SUGGS 9840 W. OVERLAND RD., SUITE 120 BOISE, ID 83709 [PHONE REDACTED] EXHIBIT B ---PAGE BREAK--- ORDINANCE NO. 333 (RIVERCREEK LANDING SUBDIVISION ANNEXATION) AN ORDINANCE ANNEXING TO THE CITY OF STAR CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO; MORE SPECIFICALLY LOCATED AT 3013 N. POLLARD LANE, ADA COUNTY PARCEL S0404223010, IN STAR, IDAHO AND CONTIGUOUS TO THE CITY OF STAR; THE PROPERTY IS OWNED BY DEVELOPING PROPERTIES, LLC; ESTABLISHING THE ZONING CLASSIFICATION OF THE ANNEXED PROPERTY AS RESIDENTIAL WITH A DEVELOPMENT AGREEMENT (R-4-DA) OF APPROXIMATELY 37.17 ACRES; DIRECTING THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon County, Idaho (“the City”), is a municipal corporation organized and operating under the laws of the State of Idaho and is authorized to annex and to incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, pursuant to Section 67-6524, Idaho Code, the City of Star has adopted the Unified Development Code Ordinance, the same being Ordinance No. 303, adopted on March 3, 2020 and subsequently amended; and WHEREAS, the owner(s) of the real property situated in the unincorporated areas of Ada County and particularly described in Section 2 of this Ordinance have requested, in writing, annexation of said real property to the City of Star; and WHEREAS, the Mayor and Council, held a public hearing on February 2, 2021 on the proposed annexation and zoning of the property described in Section 2 below, as required by Section 67-6525, Idaho Code, and determined that the requested annexation should be granted and that the annexed property should be zoned Residential with a Development Agreement (R-4-DA) pursuant to the Unified Development Code of the City of Star. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR, IDAHO, as follows: Section 1: The Mayor and Council of the City of Star, Idaho, hereby find and declare that the real property described in Section 2 of this Ordinance is contiguous to the City, that said property can be reasonably assumed to be used for orderly development of the City, that the owner(s) of said property have requested, in writing, annexation of said property by the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied. Section 2: The real property, described in the attached “Exhibit situated in Ada County, Idaho, is hereby annexed into the City of Star. From and after the effective date of this Ordinance, the residents and other occupants and property owners within such area shall enjoy all ---PAGE BREAK--- the rights and responsibilities and shall be subject to all ordinances, resolutions, police regulations, taxation and other powers of the City of Star as their fellow residents, occupants, and owners within the City of Star. Section 3: The zoning land use classification of the land described in Section 2 above, is hereby established as Residential with a Development Agreement (R-4-DA), as provided by the Unified Development Code of the City of Star. The Zoning Map of the City is hereby amended to include the real property described in Section 2 above in the Residential with a Development Agreement (R-4-DA) land use classification. Section 4: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 5: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code maybe be published. DATED this day of 2021. CITY OF STAR Ada and Canyon County, Idaho BY: ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk ---PAGE BREAK--- EXHIBIT A ---PAGE BREAK--- DEVELOPMENT AGREEMENT RIVERCREEK LANDING SUBDIVISION This Development Agreement ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and Developing Properties, LLC, hereinafter referred to as "Owner". WHEREAS, Owner owns a parcel of land of approximately 37.17 acres in size, currently located within Ada County, zoned RUT and more particularly described in Exhibit A of Ordinance 333, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Owner has requested that the Property be annexed into the City and developed in accordance with the applicable ordinances and regulations of the City and this Agreement; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, Owner desires to be assured that it may proceed with allowing its Property to be rezoned in accordance with this Agreement; WHEREAS, the parties agree to the zoning designations for various parcels within the Property to be rezoned in accordance with this Agreement; WHEREAS, Owner filed with the City of Star, a Request for Annexation and Rezone of the Property and Zoning of R-4-DA, as File No. AZ-20-17, so that the City can review all the applications affecting the use and development of the Property in an integrated manner consistent with the City's Comprehensive Plan and land use ordinances; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, the City and Owner, for and in consideration of the mutual covenants, duties and obligations herein set forth, hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. ---PAGE BREAK--- Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. As to the Parcel shown on Exhibit A, Owner is allowed to develop 37.17 acres as follows: • Zoning Classification: The zoning classification shall be a R-4-DA. • The Owner shall comply with all city ordinances relating to the property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat/Concept Plan, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 128 single-family residential lots. 2.4 Setbacks. The development shall follow the setbacks required in the R-4 zoning district for the Residential Uses, including side street setbacks of 20 feet. 2.5 Additional Requirements: • Prior to ANY construction and/or earthwork on the eastern phases of the subdivision, the applicant shall determine the Base Flood Elevation for the existing floodplain on the property and submit and receive approval of a LOMR from FEMA. The applicant shall work with the City Engineer, including the submittal of a Flood Hazard Permit to the City. • All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. • Lots 2 thru 5, Block 8, and Lots 14 & 15, Block 7 of the approved Preliminary Plat shall be restricted to single-story home construction. This shall be a plat note and a deed restriction. This condition shall be included as part of the recorded CC&R’s and shall remain as a condition forever. • All pathways in the subdivision shall be provided with a hard surface of either concrete or pavement. • The landscape plan shall include details regarding the required landscape berm and trees proposed along the western boundary of the neighboring property (9393 W. Beacon Light Rd). This plan shall be reviewed by the above- mentioned property owner and by Council prior to final approval 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the $123,659.00 traffic mitigation fee determined, or revised, by the Idaho Transportation Department as follows: the Developer will pay the City $966.08 per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer ---PAGE BREAK--- shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fail to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by Owner before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. Owner shall provide an affidavit agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit is incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein. This Agreement may be modified or terminated by the. Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to ---PAGE BREAK--- any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the City and Owner, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 ---PAGE BREAK--- Owner: Developing Properties, LLC Todd Campbell Construction, Inc. P.O. Box 140298 Boise, ID 83714 7.5 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto of a fully executed copy of this Agreement. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- OWNER: Developing Properties, LLC Todd Campbell, Managing Member STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Todd Campbell, known or identified to me to be the person who subscribed his name to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: ---PAGE BREAK--- West Merlot Street West New Hope Road West Aviara Street West A Stub North Gamble Creek Avenue West Aviara Street North Garnet Creek Avenue North Gamble Creek Avenue North Garnet Creek Avenue North Barona Creek Avenue North Brasada Avenue North CordeValle Avenue 4 8 15 5 Block 8 Block 1 Block 7 Block 8 Block 6 Block 5 Block 4 Block 4 Block 3 Block 2 Block 1 1 18 1 1 1 6 1 Block 3 6 5 4 3 7 17 18 19 20 21 22 6 5 4 6 5 4 3 2 12 11 10 9 8 7 6 9 10 11 12 13 14 15 16 2 4 3 5 27 26 25 24 23 22 21 9 8 7 10 2 11 3 9 10 11 5 4 8 7 12 20 19 17 16 15 14 13 12 11 10 9 8 7 6 5 3 2 1 7 8 2 9 8 14 13 15 14 13 7 14 13 10 11 12 11 9 10 6 5 4 3 2 3 2 15 16 17 4 3 2 18 16 15 14 13 12 11 10 9 8 7 6 1 Not a Part North Pollard Lane West Beacon Light Road PEDESTRIAN PATHWAY PEDESTRIAN PATHWAY DRAINAGE 1 1 1 Block 1 1 1 1 1 29 1 1 Block 8 Block 4 North CordeValle Avenue West Merlot Street West No Name Street West New Hope Road 1 1 23 16 East B Stub 24 One Story Home One Story Home One Story Home One Story Home One Story Home One Story Home 17 16 River Creek Landing Subdivision Revisions BA LAYOUT 1 Site Plan BA Consulting Engineers, Surveyors & Planners B&A Engineers, Inc. 5505 W. Franklin Rd. Boise, Id. 83705 (208) 343-3381 Original Layout 147 Residential Lots Revised Layout 1 128 Residential Lots EXHIBIT B ---PAGE BREAK--- ORDINANCE NO. 334 (SELLWOOD PLACE SUBDIVISION ANNEXATION) AN ORDINANCE ANNEXING TO THE CITY OF STAR CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO; MORE SPECIFICALLY LOCATED AT 2200 & 2359 N. BRANDON ROAD, ADA COUNTY PARCELS S0405314915 & S0405244552, IN STAR, IDAHO AND CONTIGUOUS TO THE CITY OF STAR; THE PROPERTIES ARE OWNED BY MICHAEL J SESSIONS & EMILY SESSIONS, AND CRISTOBAL FLORIAN AND DENICE FLORIAN; ESTABLISHING THE ZONING CLASSIFICATION OF THE ANNEXED PROPERTY AS RESIDENTIAL WITH A DEVELOPMENT AGREEMENT (R-4-DA) OF APPROXIMATELY 21.35 ACRES; DIRECTING THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon County, Idaho (“the City”), is a municipal corporation organized and operating under the laws of the State of Idaho and is authorized to annex and to incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, pursuant to Section 67-6524, Idaho Code, the City of Star has adopted the Unified Development Code Ordinance, the same being Ordinance No. 303, adopted on March 3, 2020 and subsequently amended; and WHEREAS, the owner(s) of the real property situated in the unincorporated areas of Ada County and particularly described in Section 2 of this Ordinance have requested, in writing, annexation of said real property to the City of Star; and WHEREAS, the Mayor and Council, held a public hearing on February 2, 2021 on the proposed annexation and zoning of the property described in Section 2 below, as required by Section 67-6525, Idaho Code, and determined that the requested annexation should be granted and that the annexed property should be zoned Residential with a Development Agreement (R-4-DA) pursuant to the Unified Development Code of the City of Star. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR, IDAHO, as follows: Section 1: The Mayor and Council of the City of Star, Idaho, hereby find and declare that the real property described in Section 2 of this Ordinance is contiguous to the City, that said property can be reasonably assumed to be used for orderly development of the City, that the owner(s) of said property have requested, in writing, annexation of said property by the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied. Section 2: The real property, described in the attached “Exhibit situated in Ada County, Idaho, is hereby annexed into the City of Star. From and after the effective date of this ---PAGE BREAK--- Ordinance, the residents and other occupants and property owners within such area shall enjoy all the rights and responsibilities and shall be subject to all ordinances, resolutions, police regulations, taxation and other powers of the City of Star as their fellow residents, occupants, and owners within the City of Star. Section 3: The zoning land use classification of the land described in Section 2 above, is hereby established as Residential with a Development Agreement (R-4-DA), as provided by the Unified Development Code of the City of Star. The Zoning Map of the City is hereby amended to include the real property described in Section 2 above in the Residential with a Development Agreement (R-4-DA) land use classification. Section 4: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 5: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code maybe be published. DATED this day of 2021. CITY OF STAR Ada and Canyon County, Idaho BY: ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk ---PAGE BREAK--- EXHIBIT A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- DEVELOPMENT AGREEMENT SELLWOOD PLACE SUBDIVISION This Development Agreement ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and Michael J Sessions and Emily Sessions, and Cristobal Florian and Denice Florian, hereinafter referred to as "Owner". WHEREAS, Owner owns parcels of land of approximately 21.35 acres in size, currently located within Ada County, zoned RUT and more particularly described in Exhibit A of Ordinance 334, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Owner has requested that the Property be annexed into the City and developed in accordance with the applicable ordinances and regulations of the City and this Agreement; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, Owner desires to be assured that it may proceed with allowing its Property to be rezoned in accordance with this Agreement; WHEREAS, the parties agree to the zoning designations for various parcels within the Property to be rezoned in accordance with this Agreement; WHEREAS, Owner filed with the City of Star, a Request for Annexation and Rezone of the Property and Zoning of R-4-DA, as File No. AZ-20-20, so that the City can review all the applications affecting the use and development of the Property in an integrated manner consistent with the City's Comprehensive Plan and land use ordinances; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, the City and Owner, for and in consideration of the mutual covenants, duties and obligations herein set forth, hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. ---PAGE BREAK--- Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. As to the Parcel shown on Exhibit A, Owner is allowed to develop 21.35 acres as follows: • Zoning Classification: The zoning classification shall be a R-4-DA. • The Owner shall comply with all city ordinances relating to the property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat/Concept Plan, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 76 single-family residential lots. 2.4 Setbacks. The development shall follow the setbacks required in the R-4 zoning district for the Residential Uses. 2.5 Additional Requirements: • Lots 8, and 10-13, Block 6, as they appear on the approved preliminary plat, shall be limited to one-story homes. • The applicant shall provide solid fencing along the entire southern boundary of the development. In addition, the applicant shall work with the City Engineer to determine if additional drainage (French drain) is necessary to alleviate potential erosion along the southern property boundary. • The applicant shall work with the Army Corp of Engineers to determine if wetland area exists within the development and if mitigation is necessary. Documentation from the Corp shall be provided to staff prior to approval of construction drawings. • The applicant shall manage fugitive lighting directed towards existing land uses to the east and south of the development. • The applicant shall provide detached sidewalk along the entire frontage of the subdivision on Brandon Road. 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the $113,191.00 traffic mitigation fee determined, or revised, by the Idaho Transportation Department as follows: the Developer will pay the City $1,726.20 per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of ---PAGE BREAK--- Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fail to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by Owner before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. Owner shall provide an affidavit agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit is incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein. This Agreement may be modified or terminated by the. Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to ---PAGE BREAK--- any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the City and Owner, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 ---PAGE BREAK--- Owner(s): Michael J and Emily Sessions 2350 N. Brandon Road Star, Idaho 83669 Cristobal and Denice Florian 2200 N. Brandon Road Star, Idaho 83669 7.5 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto of a fully executed copy of this Agreement. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- OWNER: Michael J Sessions Emily Sessions STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Michael J and Emily Sessions, known or identified to me to be the persons who subscribed their names to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: ---PAGE BREAK--- OWNER: Cristobal Florian Denice Florian STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Cristobal and Denice Florian, known or identified to me to be the persons who subscribed their names to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: ---PAGE BREAK--- DESIGN BY: DRAWN BY: CHECKED BY: BY APR. DATE SHEET NUMBER: DESCRIPTION REUSE OF DRAWINGS J-U-B SHALL RETAIN ALL COMMON LAW, STATUTORY, COPYRIGHT AND OTHER RESERVED RIGHTS OF THESE DRAWINGS, AND THE SAME SHALL NOT BE REUSED WITHOUT J-U-B'S PRIOR WRITTEN CONSENT. ANY REUSE WITHOUT WRITTEN CONSENT BY J-U-B WILL BE AT CLIENT'S SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO J-U-B. NO. REVISION JUB PROJ. # : LAST UPDATED: 1/4/2021 10-20-106_PRE-PLAT INCH, SCALE ACCORDINGLY AT FULL SIZE, IF NOT ONE ONE INCH FILE : Plot Date:1/4/2021 1:26 PM Plotted By: Everett Earnest Date Created:1/4/2021 J-U-B ENGINEERS, INC. Meridian, ID 83642 Suite 400 J-U-B ENGINEERS, INC. 2760 W. Excursion Lane www.jub.com Phone: [PHONE REDACTED] J-U-B ENGINEERS, INC. SELLWOOD PLACE SUBDIVISION STAR, IDAHO PROPOSED CONDITIONS 10-20-106 EE KM KM PP-03 N 0 SCALE IN FEET 60 120 SCALE: RESIDENTIAL STREET SECTION N.T.S. SCALE: TYPICAL SHARED DRIVEWAY SECTION N.T.S. SCALE: ENTRY STREET SECTION N.T.S. SCALE: N. BRANDON ROAD SECTION N.T.S. EXHIBIT B ---PAGE BREAK--- ORDINANCE NO. 335 (BREITENBACH RIDGE SUBDIVISION ANNEXATION) AN ORDINANCE ANNEXING TO THE CITY OF STAR CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO; MORE SPECIFICALLY LOCATED AT 12250 & 12300 W. NEW HOPE ROAD, ADA COUNTY PARCELS R7284770300 & R7284770400, IN STAR, IDAHO AND CONTIGUOUS TO THE CITY OF STAR; THE PROPERTIES ARE OWNED BY IAG BREITENBACH RIDGE, LLC; ESTABLISHING THE ZONING CLASSIFICATION OF THE ANNEXED PROPERTY AS RESIDENTIAL WITH A DEVELOPMENT AGREEMENT (R-2-DA) OF APPROXIMATELY 20.51 ACRES; DIRECTING THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon County, Idaho (“the City”), is a municipal corporation organized and operating under the laws of the State of Idaho and is authorized to annex and to incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, pursuant to Section 67-6524, Idaho Code, the City of Star has adopted the Unified Development Code Ordinance, the same being Ordinance No. 303, adopted on March 3, 2020 and subsequently amended; and WHEREAS, the owner(s) of the real property situated in the unincorporated areas of Ada County and particularly described in Section 2 of this Ordinance have requested, in writing, annexation of said real property to the City of Star; and WHEREAS, the Mayor and Council, held a public hearing on February 2, 2021 on the proposed annexation and zoning of the property described in Section 2 below, as required by Section 67-6525, Idaho Code, and determined that the requested annexation should be granted and that the annexed property should be zoned Residential with a Development Agreement (R-2-DA) pursuant to the Unified Development Code of the City of Star. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR, IDAHO, as follows: Section 1: The Mayor and Council of the City of Star, Idaho, hereby find and declare that the real property described in Section 2 of this Ordinance is contiguous to the City, that said property can be reasonably assumed to be used for orderly development of the City, that the owner(s) of said property have requested, in writing, annexation of said property by the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied. Section 2: The real property, described in the attached “Exhibit situated in Ada County, Idaho, is hereby annexed into the City of Star. From and after the effective date of this Ordinance, the residents and other occupants and property owners within such area shall enjoy all ---PAGE BREAK--- the rights and responsibilities and shall be subject to all ordinances, resolutions, police regulations, taxation and other powers of the City of Star as their fellow residents, occupants, and owners within the City of Star. Section 3: The zoning land use classification of the land described in Section 2 above, is hereby established as Residential with a Development Agreement (R-2-DA), as provided by the Unified Development Code of the City of Star. The Zoning Map of the City is hereby amended to include the real property described in Section 2 above in the Residential with a Development Agreement (R-2-DA) land use classification. Section 4: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 5: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code maybe be published. DATED this day of 2021. CITY OF STAR Ada and Canyon County, Idaho BY: ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk ---PAGE BREAK--- LEGAL DESCRIPTION Page 1 OF 1 November 24, 2020 Project No.: 120155 EXHIBIT NEW HOPE ROAD PARCELS ANNEXATION DESCRIPTION A parcel of land being Lots 3 and 4, Block 1 of Quarter Circle NL Acres Subdivision, as recorded in Book 58 of Plats at Page 5529 of Ada County Records, and located in Government Lot 4 of Section 6, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest Corner of Section 6 of said Township 4 North, Range 1 West, (from which point the North One Quarter Section Corner said Section 6 bears South 89° 26’ 23” East, 2614.95 feet distant); Thence from said Section Corner, South 89° 26’ 23” East, 1184.08 feet on the north line of said Section 6 to the northwest corner of Lot 4, Block 1 of said Quarter Circle NL Acres Subdivision, said point being the POINT OF BEGINNING; Thence South 89° 26’ 23” East, 667.62 feet on the north line of said Section 6 and the north line of Lots 3 and 4, Block 1 of said Quarter Circle NL Acres Subdivision, to the northeast corner of said Lot 3; Thence South 01° 01' 08" West, a distance of 1342.30 feet on the easterly lot line of said Lot 3 and said line extended, to a point on the east-west 1/16th Section Line of the Northwest One Quarter of said Section 6; Thence North 88° 41' 57" West, a distance of 667.60 feet on the east-west 1/16th Section Line of the Northwest One Quarter of said Section 6; Thence North 01° 01' 08" East, a distance of 1333.67 feet on the westerly lot line of said Lot 4 and said line extended to the POINT OF BEGINNING. The above described parcel contains 20.51 acres more or less. PREPARED BY: The Land Group, Inc. James R. Washburn 11-24-2020 EXHIBIT A ---PAGE BREAK--- N88°41'57"W 2510.63' LOT 4 APN:R7284770400 LAVEA G. THOMAS 12300 W. NEW HOPE RD. LOT 2 LOT 5 T.4N., R.1W., B.M. T.5N., R.1W., B.M. (BASIS OF BEARING) LOT 3 APN:R7284770300 SARAH A. JOHNSON 12250 W. NEW HOPE RD. N89°26'23"W 2514.95' S89°26'23"E 667.62' Q U A R T E R C I R C L E N L A C R E S S U B D I V I S I O N BLOCK 1 S01°01'08"W 1342.30' N01°01'08"E 1333.67' 663.25' 1184.08' ANNEXATION BOUNDARY AREA:±893,228 SQ.FT. ±20.51 AC U N P L A T T E D POB N88°41'57"W 667.60' S01°01'08"W 1350.87' T.4N., R.1W., B.M. T.4N., R.2W., B.M. S00°49'59"W 1318.39' File Location: g:\2020\120155\cad\survey\exhibits\ex 201123 annex new hope 120155.dwg Last Plotted By:dan inloes Date Plotted: Monday, November 30 2020 at 05:24 PM Annexation Boundary 1 of 1 Project No.: 120155 Date of Issuance: 12/01/2020 0 Horizontal Scale: Exhibit 1" = 200' 200' 400' NORTH 1/16TH CORNER SECTION 1 & 6 CENTER NORTH 1/16TH CORNER NORTH 1/4 CORNER SECTION 6 NW CORNER SECTION 6 S.31 S.36 S.6 S.1 12/01/2020 ---PAGE BREAK--- DEVELOPMENT AGREEMENT BREITENBACH RIDGE SUBDIVISION This Development Agreement ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and IAG BREITENBACH RIDGE, LLC, hereinafter referred to as "Owner". WHEREAS, Owner owns parcels of land of approximately 20.51 acres in size, currently located within Ada County, zoned RUT and more particularly described in Exhibit A of Ordinance 335, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Owner has requested that the Property be annexed into the City and developed in accordance with the applicable ordinances and regulations of the City and this Agreement; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, Owner desires to be assured that it may proceed with allowing its Property to be rezoned in accordance with this Agreement; WHEREAS, the parties agree to the zoning designations for various parcels within the Property to be rezoned in accordance with this Agreement; WHEREAS, Owner filed with the City of Star, a Request for Annexation and Rezone of the Property and Zoning of R-2-DA, as File No. AZ-20-21, so that the City can review all the applications affecting the use and development of the Property in an integrated manner consistent with the City's Comprehensive Plan and land use ordinances; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, the City and Owner, for and in consideration of the mutual covenants, duties and obligations herein set forth, hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. ---PAGE BREAK--- Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. As to the Parcel shown on Exhibit A, Owner is allowed to develop 20.51 acres as follows: • Zoning Classification: The zoning classification shall be a R-2-DA. • The Owner shall comply with all city ordinances relating to the property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat/Concept Plan, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 22 single-family residential lots. 2.4 Setbacks. The development shall follow the setbacks required in the R-2 zoning district for the Residential Uses. 2.5 Additional Requirements: • The owners agree that the two northern lots will be restricted from further re- subdivision. 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the $14,072 traffic mitigation fee determined, or revised, by the Idaho Transportation Department as follows: the Developer will pay the City $639.63 per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fail to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. ---PAGE BREAK--- 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by Owner before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. Owner shall provide an affidavit agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit is incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein. This Agreement may be modified or terminated by the. Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the City and Owner, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. ---PAGE BREAK--- Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 Owner: IAG Breitenbach Ridge, LLC Wade Thomas, Managing Member 800 W. Main Street Suite 1460 Boise, Idaho 83702 7.5 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto of a fully executed copy of this Agreement. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. ---PAGE BREAK--- IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- OWNER: IAG Breitenbach Ridge, LLC Wade Thomas, Managing Member STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Wade Thomas, known or identified to me to be the person who subscribed their names to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: ---PAGE BREAK--- EXHIBIT B