Document Star_doc_2c8d488a0e

STAR CITY COUNCIL REGULAR MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, August 17, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. 1. CALL TO ORDER – Welcome/Pledge of Allegiance 2. INVOCATION – Dustin Tessneer –Interfaith Group 3. ROLL CALL 4. PUBLIC COMMENT – The public is invited to speak to any item NOT already on the agenda or on a pending public hearing. Items regarding Personnel or Elected Officials should be discussed with the Mayor. The Mayor or Presiding Officer may limit the amount of time. (The public MAY be called upon to speak on any item on the agenda by the Mayor or Presiding Officer) 5. CONSENT AGENDA (ACTION ITEM) *All matters listed within the Consent Agenda have been distributed to each member of the Star City Council for reading and study, they are considered to be routine and will be enacted by one motion of the Consent Agenda or placed on the Regular Agenda by request. A. Approval of Claims Provided & Previously Approved: July 27 – August 10, 2021 B. City Council Meeting Minutes i. May 4, 2021; June 16, 2021 ; June 30, 2021, July 6, 2021 and August 3, 2021 (NOT READY) C. Findings: i. Cranefield Subdivision (Revised) D. Final Plats : i. Canvasback Subdivision #1 (FP-21-14) ii. Trapper Ridge Subdivision #3 (FP-21-16) E. Appointments: i. Parks, Arts & Beautification Committee – Sue Spear ii. Parks, Arts & Beautification Committee – Maria Anderson 6. PUBLIC HEARINGS & ACTION ITEMS A. Budget Hearing – Review Written Comments – Close of Public Hearing B. Canyon Highway District 4 i. Presentation by Chris Hopper ii. PUBLIC HEARING – Canyon Highway District #4 Impact Ordinance: The City of Star shall hold a public hearing on August 3 at 7:00pm at Star City Hall, City Council Chambers at 10769 West State Street in Star Idaho to hear testimony regarding the adoption of an impact fee ordinance for development within the corporate limits of the city of Star within Canyon County. The City of Star shall make available to any member of the public, upon request, the following: proposed land use assumptions, a copy of the proposed capital improvements plan or amendments thereto. Any member of the public affected by the capital improvements plan or amendments shall have the right to appear at the public hearing and present evidence regarding the proposed capital improvements plan or amendments. C. PUBLIC HEARING – Stargazer Subdivision Annexation and Zoning, Development Agreement and Preliminary Plat (AZ-21-04/DA-21-06/PP-21-01) – Previously Tabled from July 20, 2021 – TABLED INDEFINITELY D. PUBLIC HEARING – Inspirado Subdivision Annexation and Zoning, Development Agreement, Planned Unit Development and Preliminary Plat (AZ-21-09/DA-21-11/PUD-21-01/PP-21-12) E. PUBLIC HEARING – Starpointe Subdivision Annexation and Zoning, Development Agreement and Preliminary Plat (AZ-21-07/DA-21-09/PP-21-10) F. PUBLIC HEARING – Oaklawn Subdivision Annexation and Zoning, Development Agreement and Preliminary Plat (AZ-21-08/DA-21-10/PP-21-11) G. PUBLIC HEARING – Grace Assisted Living Facility Annexation and Zoning, Development Agreement and Conditional Use Permit (AZ-21-13/DA-21-19/CU-21-04) – Table to September 7, 2021 7. (ACTION ITEMS) A. Private Street – Bruce Borup (PR-21-10) B. Ordinance 334 with Development Agreement – Sellwood Subdivision C. Ordinance 342-2021 – Canyon Highway District Four (CDH4) Transportation Impact Fee PUBLIC NOTICE: THIS MEETING IS RECORDED AND PLACED IN AN ONLINE FORMAT. PERSONS MAY EITHER VIEW OR LISTEN TO VIDEO / AUDIO OF THIS MEETING UNTIL SUCH TIME THE RECORDING IS DESTROYED UNDER THE CITY’S RECORD RETENTION POLICY. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, August 17, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. D. Fiscal Year 2021 / 2022 Foregone Resolution 2021-03 E. Fiscal Year 2021 / 2022 Budget Ordinance 343-2021 F. Elected Official Salary Ordinance 339-2021 G. Elected Official Salary Committee Creation Resolution 2021-04 H. City of Star Employee / Contractor Resolution 2021-05 8. DISCUSSION ITEMS: 9. ADJOURNMENT The meeting can be viewed via a link posted to the City of Star website at staridaho.org. Information on how to participate in a public hearing remotely will be posted to staridaho.org under the meeting information. The public is always welcomed to submit comments in writing. Land Use Public Hearing Process Public signs up to speak at the public hearing Mayor Opens the Public Hearing Mayor asks council if there is any Ex Parte Contact Applicant has up to 20 minutes to present their project Council can ask the applicant questions and staff questions Public Testimony (3 minutes per person) 1. Those for the project speak 2. Those against the project speak 3. Those who are neither for or against but wish to speak to the project 4. Council may ask the individual speaking follow-up questions that does not count towards their 3 minutes Applicant rebuttal (10 minutes) Council can ask the applicant and staff questions Mayor closes the public hearing Council deliberates Motion is made to approve, approve with conditions, deny or table the application to a date certain in the future Thank you for coming to the Star City Council meeting, public involvement is fantastic and helps in shaping our city for the future. As this is a public hearing, there will be no cheering, clapping, jeering or speaking out during the hearing. Only the person at the podium has the floor to speak during their allotted time. If someone does speak out, cheer, claps, etc. they will be asked to leave the hearing and or escorted out of the hearing. We want to keep these hearings civil so everyone can be heard. Thank you for your participation. Mayor Trevor Chadwick ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, August 17, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. FUTURE MEETING TOPICS – INFORMATIONAL PURPOSES ONLY Subject Proposed Action Tentative Date Canyon Highway District 4 – Transportation Impact Fees Resolution to adopt August 17, 2021 Canyon Highway District 4 Transportation Impact Fee Agreement to Collect September 2021 Fiscal Year 2020/2021 Audit Presentation Presentation & Acceptance September 7, 2021 South of the River Plan Comprehensive Plan Proposal Presentation & Public Hearing – Resolution to Adopt September 2021 Landyn Village Subdivision Public Hearing – Annexation, Zoning, Development Agreement, PUD, Private Streets Tabled to August 24, 2021 – Awaiting ACHD/ITD Review Comments East Star River Ranch Subdivision Public Hearing – Zoning Change, Development Agreement, Preliminary Plat, Conditional Use Permit & Private Street Tabled to August 24, 2021 – Awaiting ACHD/ITD Review Comments Moon Valley Townhomes Public Hearing – Zone Change, Preliminary Plat & Development Agreement September 7, 2021 Fountain Park Subdivision Public Hearing – Annexation & Zoning, Preliminary Plat & Development Agreement September 7, 2021 Milestone Ranch Subdivision Public Hearing – Annexation & Zoning, Development Agreement, Preliminary Plat September 21, 2021 Rooster Hollow Subdivision Public Hearing – Rezone, Development Agreement, PUD, Preliminary Plat September 21, 2021 Langtree Bungalows Subdivision Public Hearing – Annexation & Zoning, Development Agreement, Preliminary Plat, Private Streets October 5, 2021 Stardust Place Annexation & Rezone Public Hearing – Rezone, Development Agreement, Preliminary Plat October 5, 2021 Piedmont Place Annexation & Rezone Public Hearing – Annexation & Zoning, October 19, 2021 Tommy’s Car Wash Public Hearing – Conditional Use Permit October 19, 2021 Willowbrook Annexation & Rezone Public Hearing – Annexation & Zoning, PUD, Development Agreement Submitted and under Staff Completeness Review – No Hearing Date Set Venue Use Ordinance Ordinance Under Development Consolidated Fee Schedule Resolution Under Development Personnel Policy Manual Resolution Under Development Social Media Policy Resolution Under Development Ethics Manual Resolution Under Development Surplus Property Designation Resolution Under Development Open Container / Public Places Ordinance September 2021 ---PAGE BREAK--- City of Star Transaction List by Vendor July 27 through August 10, 2021 Date Memo Amount Ada County Prosecutors Office 08/10/2021 Prosecuting Attorney Services -2,500.00 Black Mountain Software 08/02/2021 Accounting Software -18,368.75 Blue Cross of Idaho 08/10/2021 Health Insurance -13,556.35 Cash Weeks 08/10/2021 Umpire Softball -500.00 Cintas 08/10/2021 Floor Cleaning Services -220.50 Clearfly 08/10/2021 Telephone Services -234.75 Column Software, PBC 08/10/2021 Notices in Idaho Statesman -26.35 Denice VanDoren 08/10/2021 Reimbursement Art in the Park Materials -143.41 Domain Registry 08/10/2021 Recreation Dept Domain Renewal -50.00 Gameface Athletics 08/10/2021 Mayor's Youth Council Shirts -1,000.00 Gameface Athletics 08/10/2021 Uniforms - Sports Dept -3,154.35 Icon Air 08/10/2021 Refund Overpayment on Mechanical Permits -70.00 Idaho Inflatables 08/10/2021 Inflatable slide for Rec Dept -185.00 Intermountain Gas Company 08/10/2021 Gas -29.37 Jaden Yoscovitch 08/10/2021 Umpire Softball -360.00 Jim Bivens 08/10/2021 Umpire Softball -280.00 Kim Ingraham 08/10/2021 Reimbursement Materials - Rec Dept -242.60 Krista Hamel 08/10/2021 Reimbursement Camp Supplies - Rec Dept -108.06 Lynn Davis 08/10/2021 Reimbursement Materials - Rec Dept -31.03 Mady Barnes 08/10/2021 Umpire Softball -20.00 Mary Ann Fraser 08/10/2021 Star Takes Flight Mural -7,187.21 Matt Magill 08/10/2021 Umpire Softball -240.00 Mountain Alarm 08/10/2021 Security Alarm -70.00 Office Savers Online 08/10/2021 Office Supplies -112.16 PortaPros 08/10/2021 Art by the River Portable Restrooms -1,706.00 Rachel Miller 08/10/2021 Reimbursement Harry Potter Camp Supplies -154.00 Republic Services 08/10/2021 Waste Management -599.90 Stan's Golf Cars 08/10/2021 Hometown Celebration -500.00 Treasure Valley Coffee 08/10/2021 Coffee and Supplies -164.81 Verizon 08/10/2021 Cellular Phones -510.35 Voltline Media 08/10/2021 Outdoor Movie Night -945.00 Western Records Destruction 08/10/2021 Record Destruction -42.40 Woodbridge Pacific. 08/10/2021 Refund - Bldg Permits not in our jurisdiction -255.00 Xerox 08/10/2021 Copy Services -119.04 Zoom 08/10/2021 Media Services -40.00 Brigham Young University 08/03/2021 Mayor Scholarships -6540.00 College of Idaho Lassen Community College University of Idaho GRAND TOTAL -60,266.39 Page 1 of 1 Vendor ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, May 4, 2021 7:00 PM Page 1 of 6 mh Agenda Item 1) CALL TO ORDER – Mayor Chadwick called the meeting to order at 7:00pm Agenda Item 2) INVOCATION – Jacob King with Eagle Christian Church led the invocation. Agenda Item 3) ROLL CALL – Present were Mayor Trevor Chadwick, Council President David Hershey, Council Members; Michael Keyes, Jennifer Salmonsen and Kevin Nielsen. Staff present were City Attorney Chris Yorgason, Public Information Officer Dana Partridge, City Planner Shawn Nickel, Assistant City Planner Ryan Field, City Clerk / Treasurer Jacob Qualls and Deputy Clerk Meredith Hudson. Agenda Item 4) CONSENT AGENDA (ACTION ITEM) • Councilmember Hershey moved to approve the consent agenda with the removal of Item 4A Approval of Claims provided and Item 4B Minutes. Councilmember Salmonsen seconded the motion. Salmonsen asked if there needed to be a discussion on the acceptance of future park property near Trident Ridge. Hershey moved to amend his motion to include moving 4Ci to Action Items, with City Attorney Chris Yorgason’s approval. Voice vote indicated Hershey, Salmonsen and Nielsen signifying aye. Keyes abstained from voting. Motion carried. Agenda Item 5) PUBLIC HEARINGS & ACTION ITEMS A) PUBLIC HEARING: East Star River Ranch Subdivision Rezone, Development Agreement Preliminary Plat, Conditional Use Permit and Private Street (RZ-20-12/DA-20-28/PP-21-03/CU-21-01/PR-21-02) • Councilmember Keyes moved to table the East Star River Ranch Subdivision Rezone, Development Agreement, Preliminary Plat, Conditional Use Permit and Private Street Public Hearing to June 15, 2021. Councilmember Hershey seconded the motion. Voice vote indicated all members present signifying aye. Motion carried. B) PUBLIC HEARING: Landyn Village Subdivision Annexation, Development Agreement, Preliminary Plat, Planned Unit Development and Private Street (AZ-20-04/DA-21-14/PP-20-04/PUD-20-03/PR-21-07) C) • Councilmember Keyes amended his previous motion to table the Landyn Village Subdivision Annexation, Development Agreement, Preliminary Plat, Planned Unit Development and Private Street Public Hearing to June 15, 2021. Councilmember Hershey seconded the amended motion. Voice vote indicated all members present signifying aye. Motion carried. D) PUBLIC HEARING: Loran Estates Subdivision Annexation, Development Agreement, Short Plat and Private Street (AZ-21-02/DA-21-03/SP-21-01/PR-21-03) Mayor Chadwick opened the public hearing at 7:06 p.m. All Elected Officials reported they had no ex parte contact. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, May 4, 2021 7:00 PM Page 2 of 6 mh Applicant Representative Nate Mitchell 1470 N Rook Way, Star, ID 83669 Mr. Mitchell gave a short overview of the project. Property owners Gary & Kathy Olsen are looking to subdivide the property and applicants are proposing a private road. They are requesting to waive the paving requirement and landscaping on the frontage road, as the homeowners/applicants do not want to disturb the established vegetation, however, A 30-foot ingress and egress from CanAda would be paved. Councilmember Keyes asked about the owner’s request to waive open space requirement. Mitchell indicated that the property has a pond and recreation area and could provide access to the area for the other lot owners. Keyes asked about the request to contribute to the highway trust fund in lieu of paying an impact fee that is equal to the proportionate share amount and asked the applicant to consider asphalting the entire drive. Mitchell indicated the applicant would prefer to keep it gravel. Keyes asked if applicant would consider conditions that lots 1, 2, & 3 could not be further subdivided. Mitchell agreed to not subdivide those lots but requested the option to subdivide the entire property in the future. City Planner Shawn Nickel stated as part of the Final Plat, the property could not be subdivided. Mitchell requested a condition that it cannot be subdivided without coming to the council for approval. Councilmember Nielsen asked for clarification on the dirt road. Mitchell stated that city code allows for a variety of dustless surface options including the one proposed by the applicant. PUBLIC TESTIMONY Mark Chron 6808 Saddleman Ranch Ct, Star, ID 83669 Mr. Chron likes the rural aspect of the project. He asked about the vision of Star. He sees a lot of farms being sold and developed and believes the City of Star is not looking after its citizens who want a rural community. Chron purchased five acres of rural space and wants Star to stay rural. Nielsen referred to the Comprehensive Plan and how it was developed with the input of over 1,000 people and reminded Chron that the city is not the one requesting annexations and developments. Mayor Chadwick offered his business card to Chron and suggested a private conversation with him. Applicant Representative Nate Mitchell 1470 N Rook Way, Star, ID 83669 Rebuttal: Mitchell confirmed that the application before the council would not change the five rural acres that Chron purchased. Mayor Chadwick closed the public hearing at 7:28 p.m. and moved to council deliberations. • Councilmember Keyes moved to approve with the following conditions: Waive additional landscaping requirement and accept existing landscaping as sufficient, waive the open space requirement, payment to be made to road trust fund in accordance with applicant’s agreement with CHD4, and applicant to pay ACHD impact fees as they currently exist. Councilmember Hershey added a requirement for additional lots to have access to the pond. Keyes amended his motion. Nickel requested that Keyes amend his motion to included block length waiver. Keyes amended his motion. Hershey seconded the motion. Voice vote indicated all members present signifying aye. Motion Carried. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, May 4, 2021 7:00 PM Page 3 of 6 mh D) PUBLIC HEARING: Greyloch Cabinetry Conditional Use Permit Modification for Height Exception (CUP- 20- 04 MOD) Mayor Chadwick opened the public hearing at 7:31 p.m. All Elected Officials reported they had no ex parte contact. Applicant Representative Glen Robbinette 3742 E. Park Center Blvd, Boise, ID 83716 The applicant was requesting a variance on 35’ height limit to 45’ due to the size of the equipment needed in the new cabinetry facility. PUBLIC TESTIMONY Nate Mitchell 1470 N Rook Way, Star, ID 83669 Mr. Mitchell likes idea of having a cabinet shop of this caliber bringing nationwide income to the city. Any concerns regarding the request for height variance can be mitigated with landscaping. The location setback and behind storage facility should also make the variance a non-issue. Mitchell encouraged council to approve. Mayor Chadwick closed the public hearing at 7:34 p.m. and moved to council deliberations. • Councilmember Nielsen moved to approve the request for height variance. Councilmember Hershey seconded the motion. Voice vote indicated all members present signifying aye. Motion Carried. E) Trident Ridge Subdivision Final Plat Discussion (Moved from Consent Agenda) Councilmember Salmonsen questioned what phase of the project the developer would be deeding over the land intended for public open space. Shawn Nickel confirmed that it is to be deeded over to the city during the current phase, phase five. Nickel and Mayor Chadwick met with the developer regarding concerns the developer had with the irrigation district and the neighboring property to the north. It was agreed at the meeting that city is in a better position to negotiate with the irrigation district, neighbors, and fire district in getting a bridge across irrigation ditch and will work on this. The developer will still be responsible for parking in the cul-de-sac. Once the city receives the deed and $60,000, the developer will be released from conditions and the city can move forward with improvements. Mayor Chadwick said that Star Sewer and Water had plans for the area and could help facilitate the bridge. • Councilmember Keyes moved to approve the Final Plat from the Consent Agenda. Councilmember Salmonsen seconded the motion. Voice vote indicated all members present signifying aye. Motion Carried. F) Area of Impact Committee of Nine Per Idaho Code 67-6526, Mayor Chadwick, Shawn Nickel and Jacob Qualls met with Canyon County commissioners and agreed to put together a committee of nine, comprised of the Mayor and two council members. Councilmember Keyes and Councilmember Nielsen volunteered. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, May 4, 2021 7:00 PM Page 4 of 6 mh • Councilmember Keyes moved to approve the appointments. Councilmember Hershey seconded the motion. Voice vote indicated all members present signifying aye. Motion Carried. G) Senior Center Mural Councilmember Salmonsen reported on the Parks, Art and Beautification Committee’s proposed mural on the north side wall of the Star Senior Center Building. Local artist Mary Ann Fraser described the project and requirements. The mural would be titled “Star Takes Flight” and is designed to be interactive. The project would be done in phases, and she requested resources including a water source, storage for large ladder, paints, and scaffolding or cherry picker. Councilmember Nielsen expressed concerns about providing resources because the city doesn’t own the building and Salmonsen confirmed that the Board of Senior Center has approved the project. The goal of the project is to bring some public art to the city. Fraser asked about city insurance coverage for the project and Mayor Chadwick said the City Clerk would look into what was required. Councilmember Keyes expressed concern about using city funds to pay for a mural on a building that the city does not own and suggested a licensing agreement. City Attorney Chris Yorgason acknowledged an agreement with Star Senior Center could be appropriate. There was discussion regarding durability of the mural. • Councilmember Hershey moved to approve with conditions; work with city staff on any insurance and indemnification needs, approve $7,500 bid with additional allowance for any paint for preparing surface, scaffolding, ensure agreement with building owner, and an agreement to pay for artist to repair in the event of any defacing. Councilmember Keyes seconded the motion. Voice vote indicated all members present signifying aye. Motion carried. H) Flood Plain Ordinance (336) Presenter Ryan Morgan Keller & Associates 131 SW 1st Street, Meridian, ID 83642 The city currently has two flood plain ordinances which need to be updated by repealing the old version and replacing with the newest ordinance. The old ordinance had City Clerk listed as Flood Plain Manager and was for Ada County only. The new ordinance allows the Mayor to appoint a Flood Plain Manager and includes Canyon County as well. Councilmember Keyes asked if there was a process for the Mayor to appoint a Flood Plain Manager. Chris Yorgason stated it does not need to be a formal resolution and explained that FEMA has reviewed and approved the new ordinance with language allowing the Mayor to appoint. Keyes questioned a blank in section 10-1-5. Morgan confirmed that the blank was intentional. • Councilmember Hershey moved to dispense with the rules. Councilmember Keyes seconded the motion. Roll call vote indicated all members present signifying aye. Motion Carried. • Councilmember Keyes moved to approve Flood Plain Ordinance 336. Councilmember Salmonsen seconded the motion. Roll call vote indicated all members present signifying aye. Motion Carried. I and J) Pavilion Dog Park & Blake Park Upgrades Presenter Ryan Morgan Keller & Associates 131 SW 1st Street, Meridian, ID 83642 Mr. Morgan noted that Hunter’s Creek Sports Complex repairs and improvements and are nearing completion. Morgan addressed the main concerns and improvements at Blake Haven, including more concrete pathways ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, May 4, 2021 7:00 PM Page 5 of 6 mh that are ADA compliant, the flooding in the parking, installing below grade drainage and putting a pathway around the perimeter of the park. Mayor Chadwick asked about adding an alternate to make a connection to the existing pathway in the south neighborhood contingent upon approval from the neighborhood. He noted that the bid was an estimate and could change due to fluctuating prices and availability of construction materials. Morgan also presented the plan and design for the Pavilion dog park. The construction drawings are approved, and it will be paved in the next couple of months. The design includes a large dog area and a small dog area, features a double gate system, includes various amenities for dogs, and is designed to look like a dog paw print from an aerial view. There was discussion regarding cost and materials. Mayor Chadwick said the city had received a $5,000 grant for amenities and the park would be paid for with park impact fees as part of the city’s capital improvements plan. • Councilmember Keyes made a motion to approve the bidding documents, Councilmember Nielsen seconded the motion. Councilmember Salmonsen requested that a condition be added to include the pathway connection. Keyes stated that his motion included that condition. Voice vote indicated all members presented signifying aye. Motion carried. Agenda Item 6) REPORTS Councilmember Nielsen – He reported on the tour of the Ada County jail. He was impressed with the operation and adaptations made since COVID, how they are taking care of the inmate population and thanked Star Police and Chief Vogt for organizing the tour. Nielsen expressed concerned about illegal parking on Floating Feather at Hunter’s Creek Sports Complex. He feels it is a public safety issue and would like to see greater enforcement of the “No Parking” signs. Councilmember Salmonsen – She mentioned an upcoming Parks, Art and Beautification meeting on the 24th. She attended the Association of Idaho Cities training. The Air Quality Board meeting was canceled this month. Councilmember Keyes - He acknowledged the citizens who were in attendance and thanked them for being there. Keyes also enjoyed the Ada County jail and the 911 facility tour. He was impressed with the advanced technology and thanked Chief Vogt. The South of the River Open Houses were well attended and had good feedback and input. The Transportation Committee has been working on the Impact Fees package and should have something to present soon. Keyes participated in the Kevin Miller Radio show at the River House with Mayor Chadwick. Keyes asked the Mayor for an update on the status of crosswalk flags. Keyes is working with Star Elementary School Principal, Carla Karnes to preserve three historical arches from the 1912 gym and mount them at the school, Hunter’s Creek Park, and the River House. There are also some concrete stars from the original 1912 high school that will be displayed for historical recognition. Councilmember Hershey – He also attended the Ada County Jail facility tour. The Historical Committee had their first meeting and discussed getting a larger facility for the Star Outreach Food Bank and using the current Outreach building as a City Museum. Hershey thanked Mayor Chadwick for plugging the Food Bank in the radio session. He met with Solid Waste Advisory Committee, and has an upcoming meeting with the Fire Department. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, May 4, 2021 7:00 PM Page 6 of 6 mh Mayor Chadwick – He noted that the city takes in $2,050 in park impact fees for every home built in Star and those fees now total 2.2 million and are used for capital improvements. The South of the River Open Houses were a success and were well attended. He hopes to adopt the South of the River Plan on the June 1 meeting and Architectural Overlay District on the June 15 meeting. May 22nd will be the Star Police Fishing Derby, Star Garden Tour, Farmer’s Market and Fly-Fishing Class. The Mayor thanked City staff for their hard work and acknowledged the limited staff. He talked about the project that Principal Carla Karnes is working on with Councilmember Keyes to preserve elements of Star’s history. The Mayor mentioned the tour of the Ada County Jail and 911 facilities and commended the 911 operators for their professionalism as first responders. He will follow up on getting flags for the crosswalks. Jacob Qualls – He mentioned that the city audit is next week. Qualls reported that the City had hired Cindy Tinker as a full-time employee in the Building Department and acknowledged staff members Meredith Hudson and Barbara Norgrove having employment anniversaries. Shawn Nickels – He reported that many applications are in the pipeline and we may need to add an additional meeting to catch up with applications due to the backlog at ITD and ACHD. He suggested June 8th or June 29th with an option to add a third meeting date. August 3rd will be the budget hearing and we are currently booked through November with public hearings. Police Chief Jake Vogt – He arrived late to meeting due to his attendance at CASA Vocational School Meeting and shared about the program. Vogt thanked Councilmember Nielsen for bringing up parking on Floating Feather and will work on patrolling. He gave special recognition to Deputy Henderson for organizing the Star Police Fishing Derby. He provided Mayor with budget numbers that include addition of two deputies and one vehicle. He has a meeting planned with Canyon County Prosecutors Office to go over contract and logistics. Agenda Item 7) ADJOURMENT Meeting adjourned at 8:49pm. ATTEST: Trevor A Chadwick, Mayor Jacob M Qualls, City Clerk / Treasurer ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW CRANEFIELD SUBDIVISION FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 REVISED AUGUST 17, 2021 The above-entitled Rezone, Development Agreement, Preliminary Plat, and Private Street land use application came before the Star City Council for their action on June 1, 2021, at which time public testimony was taken and the public hearing was closed. The Star City Council, having requested and taken oral and written testimony, and having duly considered the matter, does hereby make the following Findings of Fact and Conclusions of Law. Procedural History: A. Project Summary: The Applicant is seeking approval of a Rezone (R-3 to R-4-DA), a Development Agreement, Preliminary Plat for a proposed residential subdivision consisting of 203 residential lots and 12 common lots. The property is located at 12667 W. State Street in Star, Idaho, and consists of 50.56 acres with a proposed density of 4 dwelling units per acre. The subject property is generally located south of W. State Street, near the southeast corner of N. Can Ada Road and W. State Street. Ada County Parcel No. S0418223400. B. Application Submittal: A neighborhood meeting was held on December 3, 2020, in compliance with the application submittal requirement of the Star Unified Development Code (Section 8-1 A-6 The Land Use application was deemed complete on April 19, 2021. C. Notice of Public Hearing: Notice of Public Hearing on the application for the City of Star Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Star Unified Development Code on April 20, 2021. Notice of this public hearing was mailed to property owners within three-hundred feet (300’) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Star Unified Development Code on April 19, 2021. Notice was sent to agencies having jurisdiction in the City of Star on April 19, 2021. The property was posted in accordance with the Star Unified Development Code on May 19, 2021. D. History of Previous Actions: In 2006, the property was annexed into the City of Star and zoned R-3. Council approved a preliminary plat for Fiore Springs Subdivision. In 2007, a final plat was approved by Council. The property was never developed, and all previous approvals expired. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 2 E. Comprehensive Plan Land Use Map and Zoning Map Designations: Zoning Designation Comp Plan Designation Land Use Existing Residential (R-3) Neighborhood Residential Agricultural/Vacant Proposed Residential (R-4) Neighborhood Residential Residential North of site CBD-PUD Central Business District Residential/Commercial South of site RUT (Ada County) Estate Residential Agricultural East of site Residential (R-2) Neighborhood Residential Residential – Pinewood Lakes West of site Canyon County Agricultural (AG) Neighborhood Residential Agricultural F. Development Features: REZONE: The rezone request from Residential (R-3) to Residential (R-4-DA) on the applicant’s property will allow for the subdivision of the property to develop with urban densities that will be consistent with the current Comprehensive Plan Map. The overall gross density of the proposed development is 4.01 dwelling units per acre. The current Comprehensive Plan Land Use Map designates this property as Neighborhood Residential, with an allowed density of 3 to 5 dwelling units per acre. The requested density aligns with the surrounding residential land uses in the immediate area. The requested zoning designation and density meets the intent of the Comprehensive Plan. PRELIMINARY PLAT: The Preliminary Plat submitted contains 203 single family residential lots, and 12 common area lots for a total of 215 total lots. The residential lots will include 137 detached single-family dwellings and 66 attached single-family townhomes. Lots range in size from 1,545 square feet (attached townhomes) to 25,586 square feet with the average lot size of 6,281.58 square feet. The street system within the development will be both public and private. Proposed local public streets and private streets measure 36 ft from back of curb to back of curb on the submitted preliminary plat which meets the minimum City width requirement of the UDC. The private alleyways within the townhome section of the development will measure 24 feet in width. The Star Fire District has approved the width of the alleyways. The applicant has indicated on the preliminary plat that the development will contain a total of 13.53 acres (26.8%) of open space with the majority being usable open space (over 15%). This exceeds the minimum requirements for total and usable open space in the current Unified Development Code, Section 8-4E-2. Amenities proposed include a community pool with on-site ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 3 restroom and changing rooms, a tot lot, an open space park with picnic area, a public pathway along the Lawrence-Kennedy Lateral that will connect to the east and west, and a pond with a fishing dock. The development has two current access points, including an access to the east at W. Bridger Bay Drive (Pinewood Lakes Subdivision), and north at S. Quincannon Avenue (Stonecrest Subdivision). In addition, two stub streets to the west are included for future connection to S. Can Ada Road extension and a future planned collector road to the west. ADDITIONAL DEVELOPMENT FEATURES: • Sidewalks Sidewalks are proposed at five-foot widths and will be detached throughout the subdivision with 8-foot landscape strips. • Streetlights A streetlight location plan and design sample has been submitted by the applicant. Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant has submitted a concept design for the streetlights that meet the intent of this criteria. Staff will continue to work with the applicant on the final design. • Pathways The development contains several internal pathways throughout the development linking open space and amenities to the residents. City policy requires all pathways to be improved with a concrete or asphalt surface. The City has also been working towards public pathway connections along canals and other waterways with the individual irrigation districts. The applicant has included a pathway along the Lawrence-Kennedy lateral that will connect the proposed community to the east and eventually the north and west. The applicant shall provide a public easement for this pathway. • Subdivision and Street Names Street names will be approved by Canyon County Development Services prior to signature of final plat. The subdivision name has been approved by the County Surveyor. • Landscaping As required by the Unified Development Code, Chapter 8, Section 8-8C-2-M Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. The submitted landscape plan ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 4 meets this requirement. • Floodplain The property is located within a Special Flood Hazard Area. The applicant shall submit an application Permit to Develop in an Area of Special Flood Hazard to the City Engineer for review and approval. • Block Length Waiver Many of the block in the proposed subdivision exceed the 750’ maximum block length requirement. Given the physical constraints of the property, including the locations of existing stub street from the east and north, along with the unique, circuitous layout of the street system and use of private streets, Staff is supportive of a waiver to the block in this development. The applicant should work with the Highway District with regards to traffic calming technics, if necessary. • Phasing Plan The applicant has submitted a phasing plan for this development. • Setback Waiver The applicant has requested the following setbacks through the Development Agreement for the attached single-family dwellings: • Zero setback for interior lot lines, and • 3-foot rear setback from garage to alley. • 14-foot corner side yards from back of sidewalk. • 14-foot front yards from back of sidewalk. • 15 feet minimum between buildings. DEVELOPMENT AGREEMENT: The applicant shall enter into a Development Agreement with the City. In addition to the setback waivers and attached residential allowances listed above, the 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 $72,798 or approximately $355 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. H. On-Site Features: ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 5  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – None.  Mature Trees – Yes. To be removed.  Riparian Vegetation – Yes, near Lawrence-Kennedy Lateral.  Steep Slopes – None.  Stream/Creek – Lawrence-Kennedy Lateral.  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. I. Agencies Responding: The following agencies responded, and correspondence was attached to the staff report. Keller and Associates May 6, 2021 ITD April 1, 2021 ACHD May 20, 2021 West Ada School District May 24, 2021 Star Fire District May 25, 2021 DEQ April 30, 2021 Central District Health April 20, 2021 COMPASS April 5, 2021 Idaho Dept of Water Resources March 31, 2021 Postmaster February 18, 2021 Canyon County January 27, 2021 Canyon County Water LTD April 8, 2021 J. Staff received the following letters & emails for the development: Dan and Corrie Cox (email) May 26, 2021 Juli Page (email) May 24, 2021 William Foster (email) May 24, 2021 Barbara Barsness (email) May 24, 2021 Brian & Kelly Keller (email) May 27, 2021 Matt & Jenny Bramwell (email) May 27, 2021 William Kinard May 27, 2021 K. Comprehensive Plan and Unified Development Code Provisions: Comprehensive Plan: ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 6 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. 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: • Manage urban sprawl in order to minimize costs of urban services and to protect rural areas. • Retain and encourage rural areas where it will not result in increased costs for urban service. • 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. 8.5.9 Additional Land Use Component Policies: • Encourage flexibility in site design and innovative land uses. • Encourage landscaping to enhance the appearance of subdivisions, structures, and parking areas. • Require more open space and trees in subdivisions. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 7 • 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. • The City should utilize the 2018 Treasure Valley Tree Selection Guide when requiring trees within developments. 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. Unified Development Code: 8-1B-1: ANNEXATION AND ZONING; REZONE: B. Standards: 1. The subject property shall meet the minimum dimensional standards of the proper district. 2. The city may require a development agreement in conjunction with the annexation and zoning, or rezone, pursuant to Idaho Code section 67-6511A, which may include a concept plan. In addition to other processes permitted by city and state code, exceptions or waivers of standards, other than use, may be permitted through execution of a development agreement. A development agreement and concept plan shall be required for any rezone to a mixed-use zone, high density zone or land which includes steep slope (land over 25%) or floodway. 3. The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification as designated by the development agreement. When no designation is provided, the property shall revert to its original zoning or, if the original designation no longer exists, to the closest current equivalent zoning as determined by the current Comprehensive Plan Land Use Map designation. 4. An amendment or termination of a previously recorded development agreement shall be recorded in the office of the county recorder by the clerk. 5. An approved development agreement must be executed within ninety (90) days of the meeting at which the development agreement is approved by the city council. A one-time ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 8 administrative extension of maximum thirty (30) days may be granted by the zoning administrator. Additional extensions may be approved by majority vote of the city council. Failure to execute the development agreement within the required timeframe will result in the denial of all related applications. C. Required Findings: The council shall review the application at the public hearing. In order to grant an annexation and zoning or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city. 5. The annexation (as applicable) is in the best interest of city. 8-3A-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--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 9 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-4 35' 15’ to living area 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. 8-4E-2: STANDARDS FOR COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS: 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--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 10 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. 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. 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 ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 11 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 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. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 12 8-1E-1: DEFINITIONS - TERMS DEFINED TRANSITIONAL LOT OR PROPERTY: The size of a new residential lot when being proposed adjacent to an established residential use. The ratio for lots adjacent to properties shall be determined on a case-by-case basis, when considering the size of the development potential for the existing use. This shall not be required if separated by an existing roadway or large canal where the distance between new structures and existing structures equal or exceed 100 feet. 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 through a Planned Unit Development or Development Agreement. 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. 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 ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 13 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. 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 Road 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 road 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 road 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 road components. vi. A copy of all studies and updates shall be provided to the City, to be included in the development application record. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 14 8-1B-1C ANNEXATION/REZONE FINDINGS: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan. The Council finds that the purpose of the Star Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Star and its Impact Area. Some of the prime objectives of the Comprehensive Plan include: ✓ Protection of property rights. ✓ Adequate public facilities and services are provided to the people at reasonable cost. ✓ Ensure the local economy is protected. ✓ Encourage urban and urban-type development and overcrowding of land. ✓ Ensure development is commensurate with the physical characteristics of the land. The goal of the Comprehensive Plan for Residential Districts is to encourage the development of a diverse community that provides a mixture of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible provides an assortment of amenities within walking distance of a residential development. The Council finds that this rezone is in compliance with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically, the purposes statement. The Council finds that the residential purpose statement states that the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Star Comprehensive Plan. Connection to the Star sewer and water district is a requirement for all residential districts, when available. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Council finds that this request is consistent with the statement. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and The Council finds that there is no indication from the material and testimony submitted that the rezoning of this property will be materially detrimental to the public health, safety or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts. The Council finds that the City has not been presented with any information from agencies having jurisdiction that public services will be adversely impacted other than traffic, which will continue to be impacted as the City grows. Emergency services were reviewed and mitigation recommended by the Star Fire District. A traffic study was ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 15 submitted to the transportation authorities (ACHD & ITD) and were incorporated into their reviews and reports provided to the City prior to the public hearing. These reports included reviews of levels of service, specific mitigation measures, together with impact fee and proportionate shares analysis necessary for Council to come to their conclusions regarding the development application. 5. The annexation is in the best interest of the city. The Council finds this annexation is reasonably necessary for the orderly development of the City. 8-6A-7: PRELIMINARY PLAT FINDINGS: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the Preliminary Plat, as originally submitted and accepted, and subsequently revised, meets all requirements associated with Section 8-6A-3 of the UDC, and is consistent with the Comprehensive Plan and will meet the intent of the Land Use designation. Further, the property is required to develop under the guidelines of the Comprehensive Plan and requirements of the Unified Development Code. 2. Public Services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that Agencies having jurisdiction on this parcel were notified of this action. The City has not received notice that public services are not available or cannot be made available for this development. Emergency services were reviewed and mitigation recommended by the Star Fire District. A traffic study was submitted to the transportation authorities (ACHD & ITD) and were incorporated into their reviews and reports provided to the City prior to the public hearing. These reports included reviews of levels of service, specific mitigation measures, together with impact fee and proportionate shares analysis necessary for Council to come to their conclusions regarding the development application. 3. There is public financial capability of supporting services for the proposed development; The Council finds that the City has not received notice from any jurisdictional agency that there are any problems with public financial capability for this development. 4. The development will not be detrimental to the public health, safety or general welfare; The Council finds that the City has not been made aware of any known detriment that will be caused by this development. Residential uses are a permitted use and are compatible with other residential uses in the immediate area. 5. The development preserves significant natural, scenic or historic features; The Council finds that there are no known natural, scenic, or historic features that have been identified with this Preliminary Plat. The property has been in previous agricultural production. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 16 Public Hearing of the Council: a. A public hearing on the application was heard by the City Council, at which time testimony was heard and the public hearing was closed. The City Council made their decision at that time. b. Oral testimony regarding the application was presented to the City Council by: • Dave Yorgason, 14254 W. Battenburg Drive, Boise, ID • Bill Foster, 397 S. Selwood Lane, Star, ID • Laurie Hynson, 279 S. Long Bay Way, Star, ID • Ronald Greevy, 11996 W. Caribee Inlet Drive, Star, ID • Gerry Boren, 401 S. Winslow Bay Way, Star, ID • Karen Ahrens, 12144 W. Pinewood River Lane, Star, ID • Matt Frost, 230 S. Spring Lake Way, Star, ID • David Baumann, 232 Langer Lake Way, Star, ID • Christian Koenig, 11989 W. Caribee Inlet Drive, Star, ID • Jon Turnipseed, 11725 W. Caribee Inlet Drive, Star, ID • Dean Quenzer, 3680 N. Black Cat Road, Star, ID • Jim Mora, 261 S. Fernan Lake Way, Star, ID • Melodye Andrade, 350 S. Winslow Bay Way, Star, ID • Doug Kadlec, 426 S. Long Bay Way, Star, ID • Mike Sager, 273 S. Selwood Way, Star, ID c. Written testimony in favor of or opposing the application was presented to the City Council at the hearing by: Jon Turnipseed June 1, 2021 Deliberations and Conclusions of Law: The Council reviewed the particular facts and circumstances of this proposed rezone and preliminary plat application in accordance with the City of Star Title 8 (Unified Development Code), deliberated on the matter, resulting in review of the record, including the staff report, and discussions on the rezoning and platting of the development. Review and discussion included development layout, access and street configuration, density, setbacks, one-story homes, open space, floodplain issues, pathways and landscaping, transportation and emergency access, and block length and attached single-family allowance waivers. The Council concluded that the Applicant’s request meets the requirements for rezones, preliminary plat and private streets. Council hereby incorporates the staff report dated June 1, 2021 into the official decision as part of these Findings of Fact, Conclusions of Law. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 17 Request for Reconsideration: The Council received a request for reconsideration from Pinewood Lakes Community Association on June 28, 2021. On August 3, 2021, the Council granted the request for reconsideration and directed Staff to provide revised Findings of Fact, Conclusions of Law that address specific claims made by the Petitioner of the reconsideration request regarding the deficiencies in the record as it relates to Sections 8-1B-1C and 8-6A-7 of the Star Unified Development Code. Statement of Compliance: Council finds the Applicant has met all requirements of the Unified Development Code and the intent and purpose of the Comprehensive Plan and Map requirements. Council added to the Preliminary Plat application and Development Agreement the following conditions of approval to their decision to approve the applications to include the following: • Match rear lot widths of Lots 2-9, Block 6* of the approved Preliminary Plat with rear lot lines of the adjacent Pinewood Lakes Subdivision to the east. This may result in the removal of one lot. • Match rear lot lines of Lots 11-24, Block 6* of the approved Preliminary Plat with rear lot lines of the adjacent rectangular lots in Pinewood Lakes Subdivision to the east and utilize those lot widths adjacent to the pie shaped lots. This may result in the removal of one or more lots. • Construction traffic shall be directed north to W. State Street via the Stonecrest Subdivision access. No heavy equipment shall be transported to or from the construction site through adjacent subdivisions during normal school bus pick-up or drop-off hours. • Twenty Foot (20’) rear yard setbacks (R-2 standard) shall only be allowed on all lots along the eastern boundary of the development, south of the Lawrence Kennedy Canal (Lots 11-24, Block 6* of the approved Preliminary Plat). • Single-story homes shall be required where abutting existing single-story homes in Pinewood Lakes Subdivision along the eastern boundary of the development, south of the Lawrence Kennedy Canal (Lots 11-24, Block 6* of the approved Preliminary Plat). • Parking spaces shall be provided for the pool for guest parking. This shall be illustrated in the revised landscape plan. • A Conditional Letter of Map Revision (CLOMR) shall be required prior to any construction on the property. • A six-foot vinyl fence shall be constructed along the entire western boundary of the subdivision adjacent to the existing agricultural use to the west. A gate shall be required at the northern stub street to the west unless an emergency or secondary ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 18 access connection is not obtained, at which point the fencing shall be solid at the stub. • The developer shall extend the right of way of the future extension of Bridger Bay Drive to the north boundary of the subdivision at the 3-way intersection in the northwest corner of the development in order to accommodate a potential four-way intersection and future northern roadway extension. If a connection to the north is not approved within one year of the approval date of Cranefield Subdivision, this condition shall not apply. • Rear fences of lots, where fencing currently does not exist, abutting Pinewood Lakes Subdivision south of the Lawrence-Kennedy Lateral shall have wrought iron style fencing installed by the developer. • The applicant shall dedicate a public access easement for the pathway along the Lawrence-Kennedy Lateral to the City for public use. • The Council hereby allows, through the Development Agreement process, waivers to the 750’ maximum block length and the allowance of attached single-family dwellings in the R-4 zoning district. • The Council hereby allows the following setback waivers for the attached single- family dwellings: o Zero setback for interior lot lines, and o 3-foot rear setback from garage to alley. o 14-foot corner side yards from back of sidewalk. o 14-foot front yards from back of sidewalk. o 15 feet minimum between buildings. *Lot numbers subject to change with revised Preliminary Plat Conditions of Approval: 1. The applicant shall submit a revised Preliminary Plat matching rear lot widths of Lots 2-9, Block 6* of the approved Preliminary Plat with rear lot lines of the adjacent Pinewood Lakes Subdivision to the east and matching rear lot lines of Lots 11-24, Block 6* of the approved Preliminary Plat with rear lot lines of the adjacent rectangular lots in Pinewood Lakes Subdivision to the east and utilizing those lot widths adjacent to the pie shaped lots. The Preliminary Plat shall also show the right of way of Bridger Bay Drive in the northwest corner of the development at the intersection extending to the north property line for potential future extension to the north. If a connection to the north is not approved within one year of the approval date of Cranefield Subdivision, this condition shall not apply. 2. The approved Preliminary Plat for the Cranefield Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 3. All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 19 4. The applicant shall submit a revised Landscape Plan referencing the revised Preliminary Plat and including parking spaces at the pool area, a six-foot vinyl fence along the entire western boundary of the development with an optional gate at the northernmost western stub if access is granted, and wrought iron fencing along the eastern boundary of the development, south of the Lawrence-Kennedy Lateral, where existing fencing does not exist. 5. Applicant shall meet all the setback requirements in the Unified Development Code Section 8-3A-4, or as approved by Council. 6. The Applicant/Owner shall submit a private street maintenance plan, including future funding, in compliance with Section 8-4D-3C of the UDC, with the submittal of the final plat application. 7. Applicant/Owner shall install conduit in the shared utility trench to be used for high- speed fiberoptics at a later date. The conduit shall be a minimum of 2-inch diameter or larger to accommodate the needs of the development. 8. The applicant shall receive approval of a CLOMR prior to approval of the final plat. The applicant shall also submit a Permit to Develop in an Area of Special Flood Hazard to the Floodplain Manager for review and approval prior to any development work on the property. 9. 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. 10. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to any building occupancy. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Applicant/Owner shall work with Staff on a final streetlight design prior to Final Plat approval. Streetlights shall comply with the Star City Code regarding light trespass and “Dark Sky” initiative. 11. Street trees shall be installed per Chapter 8, including Section 8-8C-2-M(2) Street Trees including one tree per thirty-five (35) linear feet. 12. The property with the approved Preliminary Plat shall be satisfactorily weed abated, preventing a public nuisance, per Star City Code. 13. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 14. Pressurized irrigation systems shall comply with the Irrigation District(s) and the City of Star Codes. Plans for pressurized irrigation systems shall be submitted to, and approved by the City of Star Engineer, prior to installation. 15. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 16. A copy of the CC&R’s shall be submitted to the City of Star at Final Plat. ---PAGE BREAK--- CRANEFIELD SUBDIVISION FFCL FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 20 17. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met, including annexation into the District. 18. 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, unless amended in the Development Agreement or CUP conditions. 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. All common areas shall be owned and 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 any construction. 22. A sign application is required for any subdivision signs. Council Decision: The Council voted 3-1 (Hershey voted against) to approve the Rezone, Preliminary Plat, Private Street and Development Agreement for Cranefield Subdivision on June 1, 2021. Dated this 17th day of August 2021. Star, Idaho By: ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk ---PAGE BREAK--- File # FP-21-14 Page 1 Canvasback Subdivision – Phase 1 Final Plat CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Ryan B. Field, Assistant City Planner MEETING DATE: August 17, 2021 FILE(S) FP-21-14, Final Plat, Canvasback Subdivision – Phase 1 REQUEST Applicant is seeking approval of a Final Plat for Canvasback Subdivision, Phase 1 consisting of 61 residential lots and 10 common lots on 18.13 acres. The phase is located at the north and west sides of the approved preliminary plat, at the southwest corner of N. Wing Road and W. New Hope Road in Star, Idaho. The subject property is generally located on the south side of N. New Hope Road between N. Wing Road and N. Brandon Road. Ada County Parcel Number S0405244200. Applicant: Owner Representative Trilogy Idaho Viper Investments, LLC Kent Brown, Kent Brown Planning 9839 Cable Car St. 1977 E. Overland Rd 3161 E. Springwood Drive Boise, ID 83708 Meridian, ID 83642 Meridian, ID 83642 PROPERTY INFORMATION Land Use Designation - Residential R-4 Acres - 18.13 acres Residential Lots - 61 Common Lots - 10 HISTORY October 6, 2020 The Annexation and Zoning (AZ-20-11) Preliminary Plat (PP-20-11) and Development Agreement (DA-20-11) Public Hearing for Canvasback Subdivision was tabled to November 17, 2020 by the Council. ---PAGE BREAK--- File # FP-21-14 Page 2 Canvasback Subdivision – Phase 1 Final Plat November 17, 2020 The Annexation and Zoning (AZ-20-11) Preliminary Plat (PP-20-11) and Development Agreement (DA-20-11) Public Hearing for Canvasback Subdivision was tabled to January 19, 2021 by the Council. January 19, 2021 The Annexation and Zoning (AZ-20-11) Preliminary Plat (PP-20-11) and Development Agreement (DA-20-11) Public Hearing for Canvasback Subdivision was approved by the Council. GENERAL DISCUSSION The applicant is requesting approval of the Final Plat for Canvasback Subdivision, Phase 1 consisting of 61 residential lots and 10 common lots on 18.13 acres. The Final Plat layout generally complies with the approved Preliminary Plat. Original Preliminary Plat Review: Site Data: All Phases Total Acreage of Site – 30.49 acres Total Number of Lots – 117 lots Total Number of Residential Lots – 106 lots Total Number of Common Lots – 11 lots Total Number of Commercial Lots – None Type of Units – Single Family Units Dwelling Units Per Gross Acre – 3.67 Units per acre Total Acreage of Common Lots – 5.30 acres Percent of Site as Common Area – 17.40% General Site Design Features: Landscaping The landscape plan submitted was approved as far as the locations. The UDC, Chapter 4, Section B-7 C-3 Street Trees, states that a minimum density of one tree per thirty-five (35) linear feet is required. The submitted landscape plan appears to satisfy this requirement. Open Space Open space for the subdivision comes in the form of passive green space with amenities. Street Design: Public Streets The development is proposing to have 36-foot-wide streets from back of curb to back of curb and a 50 foot right of way. This satisfies UDC Section 8-6B-2. ---PAGE BREAK--- File # FP-21-14 Page 3 Canvasback Subdivision – Phase 1 Final Plat Sidewalks Sidewalks are proposed at five-foot widths and will be attached throughout the overall subdivision. Sidewalks along N. Brandon Road will be detached per code and Council Approval on January 19, 2021. Streetlights Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant did not originally submit a plan or design/cut sheet for streetlights. This will be required before the final plat can be signed. Staff Analysis of Final Plat Submittal: The submitted plat consisted of 61 residential lots and 10 common lots. That leaves 45 lots available for any future phases. Council approved 106 residential lots and 11 common lots on the preliminary plat on January 19, 2021. Lot Layout – The density of Canvasback Subdivision, Phase 1 is 3.36 du/acre. The Final Plat indicates lot sizes range in size from 5,750 square feet to 21,004 square feet. This is in line with the approved preliminary plat. Common/Open Space and Amenities – This phase will have a tot lot, covered picnic shelter and neighborhood pathways that provide access to a neighborhood park. Landscaping - Landscaping as required by the Unified Development Code, Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required. The landscaping plan , as submitted appears to satisfy this requirement. Common Area landscape requirements call for one deciduous shade tree per 4,000 square feet. The plan as submitted meets these requirements. Setbacks – The applicant has not received approval for any special setbacks and the development will adhere to current requirements of the R-4 zone. Mailbox Clusters – The Mailbox cluster has been approved and the letter from Star Postmaster Mel Norton was included in the original application materials. Street Names – Applicant has not provided documentation from Ada County that the proposed street names have been approved. This will be required prior to signing the final plat. Subdivision Name – Ada County Development Services has approved the subdivision name and approval letter is part of the application packet. ---PAGE BREAK--- File # FP-21-14 Page 4 Canvasback Subdivision – Phase 1 Final Plat Irrigation – The City received a letter from Jerry Kiser, representative for the HRM Pipeline, which serves the property with irrigation water. Per the concerns brought up by Mr. Kiser, staff has placed a condition of approval on this plat requiring written approval from the HRM Pipeline regarding irrigation for the subdivision. This will be required prior to signature of the final plat. Wing Road Connection – The City has made a request to ACHD to remove the street connection to N. Wing Road from the development. This was supported by the Council and neighbors. To date, ACHD has not responded to the request. This connection is in Phase 2 of the development and the road is still shown on the plat per the Conditions of Approval in the Findings of Fact and Conclusions of Law. Landscape Buffer for Neighbor to the East on Wing Road – Until the Wing Road connection is resolved as part of the next phase of the development, Condition #4 of the Preliminary Plat regarding buffering of the eastern neighbor on Wing Road from headlights due to the street connection is pending. PUBLIC NOTIFICATIONS Notifications of this application were sent to agencies having jurisdiction on July 27, 2021. August 9, 2021 HRM Pipeline Specific Concerns August 6, 2021 DEQ Standard Response FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve this Final Plat, the Unified Development Code requires that Council must find the following: A. The Plat is in conformance with the Comprehensive Plan. The Council finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no changes have been made to change this status. B. Public services are available or can be made available and are adequate to accommodate the proposed development. Staff finds that all public services are available and able to accommodate this development. C. There is public financial capability of supporting services for the proposed development. Staff knows of no financial hardship that would prevent services from being provided. D. The development will not be detrimental to the public health, safety or general welfare; and, Staff finds no facts to support that this subdivision phase will be detrimental to the public health, safety or general welfare. ---PAGE BREAK--- File # FP-21-14 Page 5 Canvasback Subdivision – Phase 1 Final Plat E. The development preserves significant natural, scenic or historic features. Staff finds that existing conditions have not substantially changed from the approved Preliminary Plat of this subdivision. CONDITIONS OF APPROVAL 1. The approved Final Plat for Canvasback Subdivision, Phase 1 shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. 3. Per the City Council approval on January 19, 2021, homes built on Lots 4-7 of Block 2 in Phase 1 shall be single story. This applies to Lot 8 of Block 2 in Phase 2. 4. The property associated with this approved Final Plat, in addition to the property of all future phases shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star City Code Chapter 3, Section 3-1-1 through 3-1-7. 5. The property associated with this approved Final Plat, in addition to the property of all future phases shall be properly maintained throughout the construction process by the developer to include trash picked up and trash receptacles emptied with regular frequency, streets swept and cleaned weekly, including any streets used to access the property and all debris shall be prevented from accumulating on any adjacent property or public right of way and shall be removed from public right of way daily. 6. 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. This is in Phase 2 of the development. 7. 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 that 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. This is in Phase 2 of the development and contingent on the answer from ACHD on whether or not the road can be removed. 8. All pathways located within common areas shall be concrete surfaced. 9. The applicant shall provide written approval from the HRM Pipeline regarding irrigation water to the development prior to signature of the final plat. 10. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 11. Pressurized irrigation systems shall comply with the Irrigation District(s) and the City of Star Codes. Plans for pressurized irrigation systems shall be submitted to, and approved by the City of Star Engineer, prior to installation. 12. Prior to signature on the mylar, all street names need to be displayed correctly on all pages of the mylar, per Ada County Development Services approval. ---PAGE BREAK--- File # FP-21-14 Page 6 Canvasback Subdivision – Phase 1 Final Plat 13. The approved Preliminary Plat shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See Section 8-4 B Landscaping Requirements) 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. Streetlight design/locations shall be submitted to staff for review prior to approval of the final plat. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to issuing any building permits. 16. 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. 17. Requested surety shall be required at 150% of the total estimated installed cost, as approved by the City Engineer or Administrator. The term of approval shall not exceed 180 days. (See Section 8-1 C-1 of the Unified Development Code for a list of eligible items.) 18. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met. 19. A separate sign application is required for any subdivision sign. 20. As built plans for pressurized irrigation systems shall be submitted to the City of Star prior to signature of the final plat. 21. Applicant shall provide the City with two full size and two 11”x17” copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 22. 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. 23. The mylar/final plat shall be signed by the owner, Surveyor, Central District Health, ACHD and City Engineer, prior to being delivered to the City of Star for City Clerk’s signature. 24. All common areas shall be maintained by the Homeowners Association. 25. 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. 26. A copy of the recorded CC&R’s shall be submitted to the City of Star prior to any building permits being issued. 27. Prior to signature of the final plat, a signed Irrigation District Agreement with the Irrigation Districts shall be provided to the City of Star. This requirement shall be with each subsequent Final Plat application. 28. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File # FP-21-16 Canvasback Subdivision, Phase 1 Final Plat, on August 2021. ---PAGE BREAK--- CANVASBACK SUBDIVISION NO 1 VICINITY MAP 43°42'10.96" N 116°27'59.76" W Scale: 1 inch approx 1000 feet Apr 26, 2021 - landproDATA.com The materials available at this website are for informational purposes only and do not constitute a legal document. Powered by W. NEW HOPE RD N. WING RD W. BEACON LIGHT RD N. POLLARD LN N. MUNGER RD N. BRANDON RD SITE ---PAGE BREAK--- KENT BROWN PLANNING SERVICES 3161 E. Springwood Dr◆ Meridian, Idaho 83642 ◆ Tel.: [PHONE REDACTED] ◆ July 27, 2021 Star City Council PO Box 130 Star, ID 83669 RE: Final Plat for Canvasback Subdivision No. 1 Dear Mayor and Council: On behalf of Trilogy Idaho, please accept this request for Final Plat approval. The lot count for Canvasback No. 1 is; 61 single-family residential and 10 common lots. This subdivision is located in the southwest corner of New Hope Road and Wing Road. • Canvasback Subdivision No.1 is in compliance with the preliminary plat (AZ20-11;DA 20-11 &PP20-11) and meets all requirements of conditions. • Canvasback Subdivision No. 1 Final Plat is in conformance with: 1. The approved preliminary plat layout and uses 2. Acceptable engineering, architectural and surveying practices and local standards. Evidence of Substantial compliance for the Canvasback Subdivision: APPROVED PRELIMINARY SUBDIVISION PHASE ONE Total Residential lots -106 Total Residential lots -61 Range of residential lots – 5750- 21,062 Range of residential lots – 5750- 21,004 OPEN SPACE Qualified open space – 4.51 acres (14.8%) Qualified open space – 2.98 acres AMENITIES: Children’s play structure, covered picnic shelter and pathway connections to neighborhood and park AMENITIES: Children’s play structure, covered picnic shelter and pathway connections to neighborhood and portion of park Thank you for your consideration, if you have any question please call me. Sincerely, Kent Brown, Planner ---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] ---PAGE BREAK--- CANVASBACK SUBDIVISION NO. 1 B TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc T R E R A C G. Y R O G E R G P R O F E S S I O L A N D S U R V N A L S T A T E O F I D A H O E Y O R 7 7 29 L D E S N E C I ---PAGE BREAK--- CANVASBACK SUBDIVISION NO. 1 B TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc T R E R A C G. Y R O G E R G P R O F E S S I O L A N D S U R V N A L S T A T E O F I D A H O E Y O R 7 7 29 L D E S N E C I ---PAGE BREAK--- CANVASBACK SUBDIVISION NO. 1 B TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc T R E R A C G. Y R O G E R G P R O F E S S I O L A N D S U R V N A L S T A T E O F I D A H O E Y O R 7 7 29 L D E S N E C I ---PAGE BREAK--- CERTIFICATE OF SURVEYOR I, Gregory G. Carter, do hereby certify that I am a Professional Land Surveyor licensed by the State of Idaho, and that this plat as described in the "Certificate of Owners" was drawn from an actual survey made on the ground under my direct supervision and accurately represents the points platted thereon, and is in conformity with the State of Idaho Code relating to plats and surveys. Gregory G. Carter P.L.S. No. 7729 ACKNOWLEDGMENT State of Idaho ) ) s.s. County of Ada ) On this day of before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton, known or identified to me to be the president of Corey Barton Homes, Inc., and Idaho Corporation, dba CBH Homes, the corporation which executed the within instrument and acknowledged to me that he executed the same of behalf of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires Notary Public for Idaho Residing in Idaho CERTIFICATE OF OWNERS Know all men by these presents: That Corey Barton Homes, Inc., dba CBH Homes, an Idaho Corporation, is the owner of the property described as follows: A portion of the W1/2 of Section 5, T.4N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the CN1/16 corner of said Section 5 from which the N1/4 corner of said Section 5 bears North 00°54'58” East, 1393.90 feet; thence along the North-South centerline of said Section 5 South 00°56'07” West, 765.53 feet; thence leaving said North-South centerline North 89°03'53" West, 246.95 feet; thence North 89°16'46" West, 180.00 feet; thence South 00°43'14" West, 165.00 feet; thence North 89°16'46" West, 6.06 feet; thence 31.33 feet along the arc of a curve to the right, said curve having a radius of 125.00 feet, a central angle of 14°21'43" and a long chord which bears North 82°05'55" West, 31.25 feet; thence South 00°43'14" West, 118.91 feet; thence North 89°16'46" West, 56.00 feet; thence North 72°03'23" West, 73.61 feet; thence North 51°19'26" West, 29.56 feet; thence North 89°16'46" West, 706.86 feet to a point on the West boundary of the SE 1/4 of the NW 1/4 of said Section 5; thence along said West boundary line North 00°58'02" East, 345.53 feet; thence leaving said West boundary line South 89°14'26" East, 660.00 feet; thence North 00°58'02" East, 660.00 feet to a point on the North boundary of the SE 1/4 of the NW 1/4 of said Section 5; thence along said North boundary line South 89°14'26" East, 659.03 feet to the POINT OF BEGINNING. Containing 18.13 acres, more or less. It is the intention of the undersigned to hereby include the above described property in this plat and to dedicate to the public, the public streets as shown on this plat. The easements as shown on this plat are not dedicated to the public. However, the right to use said easements is hereby perpetually reserved for public utilities and such other uses as designated within this plat, and no permanent structures are to be erected within the lines of said easements. All lots in this plat will be eligible to receive water service from an existing City of Meridian main line located adjacent to the subject subdivision, and the City of Meridian has agreed in writing to serve all the lots in this subdivision. Corey Barton Homes, Inc., dba CBH Homes Corey D. Barton, President B TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc T R E R A C G. Y R O G E R G P R O F E S S I O L A N D S U R V N A L S T A T E O F I D A H O E Y O R 7 7 29 L D E S N E C I ---PAGE BREAK--- APPROVAL OF ADA COUNTY HIGHWAY DISTRICT The foregoing plat was accepted and approved by the Board of Ada County Highway District Commissioners on day of ACHD President COUNTY RECORDER'S CERTIFICATE State of Idaho ) ) s.s. County of Ada ) I hereby certify that this instrument was filed for record at the request of at Minutes past O'clock on this day of in Book of plats at Instrument No. Deputy Ex-Officio Recorder CERTIFICATE OF COUNTY SURVEYOR I, the undersigned, Professional Land Surveyor for Ada County Idaho, hereby certify that I have checked this plat and that it complies with the State of Idaho Code relating to plats and surveys. County Surveyor CERTIFICATE OF COUNTY TREASURER I, the undersigned, County Treasurer in and for the County of Ada, State of Idaho, per the requirements of I.C.50-1308 do hereby certify that any and all current and/or delinquent county property taxes for the property included in this subdivision have been paid in full. This certification is valid for the next thirty (30) days only. Date County Treasurer APPROVAL OF CITY COUNCIL I, the undersigned, City Clerk in and for the City of Star, Ada County, Idaho, hereby certify that at a regular meeting of the City Council held on the day of this plat was duly accepted and approved. City Clerk, Meridian, Idaho APPROVAL OF CITY ENGINEER I, the undersigned, City Engineer in and for the City of Star, Ada County, Idaho, hereby approve this plat. City Engineer Date HEALTH CERTIFICATE Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13 have been satisfied based on a review by a Qualified Licensed Professional Engineer (QLPE) representing Star Sewer and Water District and the QLPE approval of the design plans and specifications and the conditions imposed on the developer for continued satisfaction of the sanitary restrictions. Buyer is cautioned that at the time of this approval, no drinking water extensions or sewer extensions were constructed. Building construction can be allowed with appropriate building permits if drinking water extensions or sewer extensions have since been constructed or if the developer is simultaneously constructing those facilities. If the developer fails to construct facilities, then sanitary restrictions may be reimposed, in accordance with Section 50-1326, Idaho Code, by the issuance of a Certificate of Disapproval, and no construction of any building or shelter requiring drinking water or sewer/septic facilities shall be allowed. Central District Health Department Date B TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc T R E R A C G. Y R O G E R G P R O F E S S I O L A N D S U R V N A L S T A T E O F I D A H O E Y O R 7 7 29 L D E S N E C I ---PAGE BREAK--- EP EP EP EP 10694 SF 10688 SF 10681 SF 9944 SF 9677 SF 21939 SF 8775 SF 9079 SF 10694 SF 9971 SF 9975 SF 10694 SF 9907 SF 10688 SF 10694 SF 10694 SF 658 SF 658 SF EP EP 10 PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI L1 L3 TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. 0' 30' 60' 90' L2 KEY MAP CANVASBACK PHASE FUTURE ---PAGE BREAK--- EP EP EP EP 10694 SF 10688 SF 10681 SF 9944 SF 9677 SF 21939 SF 8775 SF 9079 SF 10694 SF 9971 SF 9975 SF 10694 SF 9907 SF 10688 SF 10694 SF 10694 SF 658 SF 658 SF EP EP PI PI PI PI PI PI PI 8775 SF L1 L2 L3 TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. 0' 30' 60' 90' KEY MAP CANVASBACK PHASE FUTURE ---PAGE BREAK--- EP EP EP EP 10694 SF 10688 SF 10681 SF 9944 SF 9677 SF 21939 SF 8775 SF 9079 SF 10694 SF 9971 SF 9975 SF 10694 SF 9907 SF 10688 SF 10694 SF 10694 SF 658 SF 658 SF EP EP PI PI PI L1 L2 L3 TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. 0' 30' 60' 90' CANVASBACK PHASE FUTURE KEY MAP ---PAGE BREAK--- TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. PART 2 - PRODUCTS 2.1 TOPSOIL A. If deemed usable, native topsoil shall be stockpiled for re-use in landscape work. Topsoil shall be fertile, friable, natural loam, surface soil, reasonable free of subsoil, clay lumps, brush, weeds, roots, stumps, stones larger than 1 inch in any dimension, and other extraneous or toxic matter harmful to plant growth. 1. Contractor shall send a minimum of three representative topsoil samples for testing. See testing requirements below. Contractor is responsible for whatever soil additives are recommended by the tests. Submit to Architect for approval. Compost will be added to other additives and added regardless of test results. B. If quantity of stockpiled topsoil is insufficient, contractor to provide imported topsoil that is fertile, friable, natural loam, surface soil, reasonably free of subsoil, clay lumps, brush, weeds and other litter, and free of roots, stumps, stones larger than 1 inches in any dimension, and other extraneous or toxic matter harmful to plant growth. 1. Obtain topsoil from local sources or areas with similar soil characteristics to that of project site. Obtain topsoil only from naturally well-drained sites where topsoil occurs in a depth of not less than 4 inches. Do not obtain from bogs or marshes. 2. Composition: Topsoil shall contain from 1 to 20% organic matter as determined by the Organic Carbon, 6A, Chemical Analysis Method described in USDA Soil Survey Investigation Report No. 1. Maximum particle size, 3/4-inch, with maximum 3% retained on 1/4-inch screen. Other components shall conform to the following limits: pH 6.5 to 7.5 Soluble Salts 600 ppm maximum Silt 25-50% Clay 10-30% Sand 20-50% 3. Contractor shall submit representative soil report on imported topsoil proposed for use for approval. Report shall meet standards below. Contractor is responsible for whatever soil additives are recommended by the test. Compost will be in addition to other additives and added regardless of test results. C. Soil Testing 1. Soil tests are required for this project (see above for requirements). Test shall be provided as follows: a. Provide certified analysis at time of sample submitted (three samples imported topsoil). Amend soils per chemist's recommendations and as herein specified unless otherwise approved by Architect. 2. Test shall include, but not limited to recommendations on chemical distributions, organic contents, pH factors, and sieve analysis as necessary. Test #1T by Western Laboratories (1-[PHONE REDACTED]) is required. 3. Contractor is responsible for whatever soil additives are recommended by the soil testing laboratory. 4. Contractor shall coordinate, obtain and pay for all soil tests. 5. If regenerative noxious weeds are present in the soil, remove all resultant growth including roots throughout one-year period after acceptance of work, at no cost to Owner. 2.2 pH ADJUSTERS A. When pH does not comply with this specification, commercial grade aluminum sulfate shall be used to adjust soil pH. 2.3 SOIL AMENDMENTS A. Compost: Compost: “Cascade Compost” from Cloverdale Nursery (208) 375-5262 and NuSoil Compost (208) 629-6912 or approved equal in equal amounts by volume. B. Commercial Fertilizer: Fertilizer shall be complete, standard commercial brand fertilizer. It shall be free-flowing and packaged in new waterproof, non-overlaid bags clearly labeled as to weight, manufacturer, and content. Protect materials from deterioration during delivery and while stored at site. 1. Commercial fertilizer for trees and shrubs during planting; slow release Agriform Planting 5-gram tablets 20-10-5 type or equal. 2. Commercial fertilizer for lawn areas, applied to bed prior to sodding, to be 16-16-17 applied at the rate of ten pounds per acre. 3. Commercial fertilizer for lawn areas three to four weeks after planting sod. Organic Fertilizer Milorganite (6-0-2) type or equal. C. Herbicide: Pre-emergent for topical application in planting beds. Oxiadiazon 2G brand or pre-approved equal. Use in accordance with manufacturer's recommendation on all planting beds. 2.4 PLANT MATERIALS A. Quality: Provide trees, shrubs, and other plants of size, genus, species, and variety shown for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". B. Deciduous Trees: Provide trees of height and caliper scheduled or shown with branching configuration recommended by ANSI Z60.1 for type and species required. Single stem trees except where special forms are shown or listed. C. Deciduous Shrubs: Provide shrubs of the height shown or listed, not less than minimum number of canes required by ANSI Z60.1 for type and height of shrub. D. Coniferous and Broadleafed Evergreens: Provide evergreens of sizes shown or listed. Dimensions indicate minimum spread for spreading and semi-spreading type evergreens and height for other types, such as globe, dwarf, cone, pyramidal, broad upright, and columnar. Provide normal quality evergreens with well balanced form complying with requirements for other size relationships to the primary dimension shown. 2.5 GRASS MATERIALS A. Lawn sod: Provide strongly rooted sod, not less than 1 growing season old, and free of weeds and undesirable native grasses. Provide only sod capable of growth and development when planted (viable, not dormant). 1. Provide sod of uniform pad sizes with maximum 5% deviation in either length or width. Broken pads or pads with uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10% of pad will be rejected. B. Provide sod composed of: Rhizomatous Tall Fescue (RTF) from the The Turf Company, Meridian, ID (208) 888-3760 or approved equal. 2.6 MISCELLANEOUS LANDSCAPE MATERIALS A. Anti-Desiccant: Emulsion type, film-forming agent designed to permit transpiration, but retard excessive loss of moisture from plants. Deliver in manufacturer's fully identified containers and mix in accordance with manufacturer's instructions. B. Mulch: Mulch for planting beds shall be medium ground bark mulch, free of splinters, consistent in appearance, and shall contain no toxic substance detrimental to plant life. C. Stakes and Guys: Provide stakes and deadmen of sound new hardwood, treated softwood, or redwood, free of knot holes and other defects. Provide wire ties and guys of 2-strand, twisted, pliable galvanized iron wire, not lighter than 12 ga. with zinc-coated turnbuckles. Provide not less than 2 inch diameter rubber or plastic hose, cut to required and of uniform color, material, and size to protect tree trunks from damage by wires. SECTION 32 90 00 - LANDSCAPE WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections. 1.2 SUMMARY A. This Section includes provisions for the following items: 1. Trees. 2. Shrubs; Ground cover. 3. Lawns. 4. Topsoil and Soil Amendments. 5. Miscellaneous Landscape Elements. 6. Initial maintenance of landscape materials. B. Related Sections: The following sections contain requirements. 1. Underground sprinkler system is specified in Section 32 84 00 - Irrigation 1.3 QUALITY ASSURANCE A. Subcontract landscape work to a single firm specializing in landscape work. B. Source Quality Control: 1. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. 2. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non-availability to Architect, with proposal for use of equivalent material. 3. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, wherever applicable. 4. Trees, Shrubs and Groundcovers: Provide trees, shrubs, and groundcovers of quantity, size, genus, species, and variety shown and scheduled for work complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". Provide healthy, vigorous stock, grown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects such as knots, sun-scald, injuries, abrasions, or disfigurement. 5. Label at least one tree and one shrub of each variety with attached waterproof tag with legible designation of botanical and common name. a. Where formal arrangements or consecutive order of trees or shrubs are shown, select stock for uniform height and spread. 6. Inspection: The Architect may inspect trees and shrubs either at place of growth or at site before planting, for compliance with requirements for genus, species, variety, size, and quality. Architect retains right to further inspect trees and shrubs for size and condition of balls and root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from project site. 1.4 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Plant and Material Certifications: 1. Certificates of inspection as required by governmental authorities. 2. Manufacturer's or vendor's certified analysis for soil amendments and fertilizer materials. 3. Label data substantiating that plants, trees, shrubs and planting materials comply specified requirements. C. Mulch: Submit 1 gal bag of mulch sample for approval. 1.5 DELIVERY, STORAGE AND HANDLING A. Sod: Time delivery so that sod will be placed within 24 hours after stripping. Protect sod against drying and breaking of rolled strips. B. Trees and Shrubs: Provide freshly dug trees and shrubs. Do not prune prior to delivery unless otherwise approved by Architect. Do not bend or bind-tie trees or shrubs in such manner as to damage bark, break branches, or destroy natural shape. Provide protective covering during delivery. Do not drop balled and burlapped stock during delivery. C. Deliver trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage, and keep roots moist by covering with mulch, burlap or other acceptable means of retaining moisture. D. Do not remove container-grown stock from containers until planting time. E. Do not drop or dump materials from vehicles during delivery or handling. Avoid any damage to rootballs during deliver, storage and handling. 1.6 JOB CONDITIONS A. Utilities: Determine location of underground utilities and work in a manner which will avoid possible damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. B. Excavation: When conditions detrimental to plant growth are encountered, such rubble fill, adverse drainage conditions, or obstructions, notify Architect before planting. C. Adjacent Landscape: Protect planted areas adjacent to construction area. Replace or recondition to prior conditions at project completion. 1.7 SEQUENCING AND SCHEDULING A. Planting Time: Proceed with, and complete landscape work as rapidly as portions of site become available, working within seasonal limitations for each kind of landscape work required. 1. Plant or install all plant materials during normal planting seasons from 15 March to 15 November. 2. Correlate planting with specified maintenance periods to provide maintenance from date of substantial completion. B. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of lawns, unless otherwise acceptable to Architect. If planting of trees and shrubs occurs after lawn work, protect lawn areas and repair damage to lawns resulting from planting operations. 1.8 SPECIAL PROJECT WARRANTY A. Warranty lawns through specified lawn maintenance period, until Final Project Acceptance. B. Warranty trees and shrubs, for a period of one year after date of substantial completion, against defects including death and unsatisfactory growth, except for defects resulting from neglect by Owner, abuse or damage by others, or unusual phenomena or incidents beyond Landscape Installer's control. C. Remove and replace trees, shrubs, or other plants dead or in unhealthy condition during warranty period. Make replacements during growth season following end of warranty period. Replace trees and shrubs which are in doubtful condition at end of warranty period; unless, in opinion of Architect, it is advisable to extend warranty period for a full growing season. PART 3 - EXECUTION 3.1 PREPARATION - GENERAL A. General Contractor shall be responsible for excavating planting areas to appropriate depths for placement of topsoil as specified herein. B. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations and outline areas and secure Architect's acceptance before start of planting work. Make minor adjustments as may be required. 3.2 PREPARATION OF PLANTING SOIL A. Before mixing, clean topsoil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful or toxic to plant growth. B. Mix specified compost and fertilizers with topsoil at rates specified. Delay mixing fertilizer if planting will not follow placing of planting soil in a few days. Compost: Lawn Areas: 1/4 compost, : 3/4 topsoil. Shrub Areas: 1/3 compost, 2/3 topsoil. Fertilizer: Per soil test and manufacture's recommendations. C. For shrub and lawn area, mix planting soil either prior to planting or apply on surface of topsoil and mix thoroughly before planting. 3.3 PREPARATION FOR PLANTING LAWNS A. After excavating and removing surface material to proper depth, loosen subgrade of lawn areas to a minimum depth of 4 inches. Remove stones measuring over 1-1/2 inches in any dimension. Remove sticks, roots, rubbish, and other extraneous matter. Limit preparation to areas which will be planted after preparation. 1. Spread topsoil mix to minimum depth of 4 inches for sodded lawns as required to meet lines, grades, and elevations shown, after light rolling, addition of amendments, and natural settlement. Place approximately 1/2 of total amount of topsoil required. Work into top of loosened subgrade to create a transition layer and then place remainder of planting soil. Add specified soil amendments as required and mix thoroughly into upper 4 inches of topsoil. 3.4 PREPARATION OF PLANTING BEDS A. Loosen subgrade of planting areas to a minimum depth of 6 inches using a culti-mulcher or similar equipment. Remove stones measuring over 1 1/2 inches in any dimension. Remove stocks, stones, rubbish, and other extraneous matter. B. Spread planting soil mixture to minimum 12 inch depth required to meet lines, grades, and elevations shown, after light rolling and natural settlement. Add 1 1/2 inches of specified compost over entire planting area and mix thoroughly into upper 6 inches of topsoil. Place approximately 1/2 of total amount of planting soil required. Work into top of loosened subgrade to create a transition layer, then place remainder of the planting soil. C. Apply Pre-Emergent per manufacturer's recommendation. 3.5 PLANTING TREES AND SHRUBS A. Set balled and burlapped (B&B) stock on layer of compacted planting soil mixture, plumb and in center of pit or trench with top of ball at same elevation as adjacent finished landscape grades. Remove burlap from sides of balls; retain on bottoms. When set, place additional backfill around base and sides of ball, and work each layer to settle backfill and eliminate voids and air pockets. Place fertilizer tablets in excavated area per manufacture's written instructions. When excavation is approximately 2/3 full, water roughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing final layer of backfill. Remove all ties from around base of trunk. B. Set container grown stock, as specified, for balled burlapped stock, except cut cans on 2 sides with an approved can cutter and remove can; remove bottoms of wooden boxes after partial backfilling so as not to damage root balls. C. Trees planted in turf area: Remove turf 3' dia around tree trunk. Dish top of backfill to allow for mulching. D. Mulch pits, and planted areas. Provide not less than following thickness of mulch, and work into top of backfill and finish level with adjacent finish grades. 1. Provide 3 inches thickness of mulch. E. If season and weather conditions dictate, apply anti-desiccant, using power spray, to provide an adequate film over trunks, branches, stems, twigs and foliage. F. Prune, thin out, and shape trees and shrubs in accordance with standard horticultural practice. Prune trees to retain required height and spread. Unless otherwise directed by Architect, do not cut tree leaders, and remove only injured or dead branches from flowering trees, if any. Prune shrubs to retain natural character. G. Remove and replace excessively pruned or misformed stock resulting from improper pruning. H. Guy and stake trees immediately after planting, as indicated. I. Apply approved herbicide to all shrub bed areas at manufacture specified rate. Re-apply as necessary for elimination of weeds. 3.6 SODDING NEW LAWNS A. General: Install lawn sod in all areas designated on the drawings. B. Soil Preparation 1. Any sod lawn areas that may have become compacted prior to sodding must be scarified to a depth of eight inches by approved means, then finish graded as hereinbefore described. C. Lay sod within 24 hours from time of stripping. Do not plant dormant sod or if ground is frozen. D. Sod Placement 1. Sod will be brought onto lawn areas by wheeled means with proper protection of sod beds. Sod layers shall be experienced, or if inexperienced, shall be constantly supervised by an experienced foreman. The Contractor shall insure that the base immediately ahead of sod layer is moist. Sod shall be laid tight with not gaps. Allowance shall be made for shrinkage. Lay sod with long edges perpendicular to primary slope. 2. Lay to form a solid mass with fitted joints. Butt ends and sides of strips; do not overlap. Stagger strips to offset joints in adjacent courses. Work on boards to avoid damage to subgrade or sod. Tamp or roll to ensure contact with subgrade. Work sifted soil into minor cracks between pieces; remove excess to avoid smothering of adjacent grass. 3. Sod shall be rolled with a two hundred (200) pound roller after installation to insure proper contact between soil and sod. Final rolling must provide a uniform surface. After final rolling, the sod lawn shall be mowed and watered. Approval of sod lawns shall be based on uniform, healthy and vigorous growth with no dry or dead spots. 4. Add fertilizer at the manufacturer's recommended application rate. E. Water sod thoroughly with a fine spray immediately after planting. F. Sodded Lawn Establishment 1. The Contractor shall be responsible for first mowing, subsequent mowings and fertilizing of sod lawn areas until Final Acceptance of the project. 2. Mowing shall be done by an approved "reel" type mower. Mower blades shall be set at two inches high for all mowings. 3. Subsequent fertilizing shall occur three to four weeks after installation. Apply fertilizer as per the Manufacturer's recommended application rate. Verify all methods of application. Contractor shall notify the Architect in writing that the fertilizer applications have occurred and on what dates. 3.7 MAINTENANCE A. Begin landscape maintenance immediately after planting. Maintenance shall continue until Project Final Acceptance. B. Maintain trees, shrubs, and other plants by pruning, cultivating, and weeding as required for healthy growth. Restore planting saucers. Tighten and repair stake and guy supports and reset trees and shrubs to proper grades or vertical position as required. Restore or replace damaged wrappings. Spray as required to keep trees and shrubs free of insects and disease. C. Maintain lawns by watering, fertilizing, weeding, mowing, trimming, and other operations such as tolling, regrading and replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. D. Maintain lawns for no less than period stated above, or longer as required to establish acceptable lawn. 3.8 CLEANUP AND PROTECTION A. During landscape work, keep pavements clean and work area in an orderly condition. B. Protect landscape work and materials from damage due to landscape operations, operations by other contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged landscape work as directed. 3.9 INSPECTION AND ACCEPTANCE A. When landscape work is completed, including maintenance, Architect will, upon request, make an inspection to determine acceptability. B. When inspected landscape work does not comply with requirements, replace rejected work and continue specified maintenance until reinspected by Architect and found to be acceptable. Remove rejected plants and materials from project site. END OF SECTION E. Pressure Regulator: Netafim Model PRV075HF35, 3/4", one per zones. F. Flushing Valve: Netafim Model TLFV-1, two per zone (each end). G. Filter: Netafim Model DF075-120, 3/4" filter; one per drip zone. H. Air Relief Valve: Netafim Model TLAVRV, 2.5 MISCELLANEOUS A. Chemicals: primer and solvent glue as required by pipe manufacturer. B. Valve box - high impact plastic, green in color. C. Valve cover and frame - compatible with valve box with provision for locking. D. Drainage backfill - clean gravel or crushed stone, graded from 3" maximum to 3/4" minimum. PART 3 - EXECUTION 3.1 GENERAL A. Install system to provide for adequate protection against freeze damage. B. Install system in accordance with approved Contractor design drawings. All deviations from the plans must be approved, and clearly recorded on record drawing. C. Install system and components in strict accordance with manufacturer's recommendations. D. Install quick coupler(s) on main supply line, approximately equal spacing, at valve box locations or intervals of approximately 200 feet, whichever is greater. Locate adjacent to paved surfaces, at valve boxes where practical. 3.2 SURFACE CONDITIONS A. Examine the areas and conditions under which work will be performed. Notify Contractor of conditions detrimental to timely and proper completion of Section work. Do not proceed until unsatisfactory conditions are corrected. B. Locate all underground utilities and structures and notify Architect of any conflict with Section work. Protect structures and utilities. Repair or replace said structures or utilities damaged by this work at no cost to the Owner. 3.3 SLEEVING A. Sleeving installed by others. Coordinate with other trades. 3.4 TRENCHING AND BACKFILLING A. Trenching and backfilling shall be per applicable ISPWC Section. B. Cut trenches straight and without abrupt grade changes to allow the following minimum cover: 1. Main Lines and Sleeving: 18 inches. 2. PVC Laterals: 12 inches. C. Surround lines with 2 inches of clean rock-free material on all sides. 3.5 MISCELLANEOUS VALVES A. Install manual drain valves up stream. Install devise at mainline tap in accordance with manufacturer requirements for complete operation. Install backflow provision and connect to controller. 3.6 CIRCUIT VALVES A. Install in valve box, arranged for easy adjustment and removal. 1. Provide union on side. 2. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. 3.7 PIPE INSTALLATION A. Lay PVC pipe in accordance with standard and acceptable practice. Thrust blocks to be used at points of intersection and change of direction in main line pipe as per manufacturer's recommended specifications. Install manual drains. B. PVC pipe joints, solvent welded except as indicated. Cut pipe square, deburr, wipe from surface all saw chips, dust, dirt, moisture and any foreign matter which may contaminate the cemented joint. Apply cleaner/primer and solvent cement, make joints in accordance with manufacturer's recommendations. Use Teflon thread sealant (tape) at all threaded joints. C.Contractor shall size pipe according to schedule provided. Flow velocities shall not exceed 5 feet/second in all cases. Lateral lines shall be laid out and installed per zone to balance the pressure loss and provide minimum fluctuation in system operating pressures. Pipe Size Pipe Section Pipe Size Pipe Section 3/4" 0-9 GPM 1 1/2" 26-34 GPM 1" 10-17 GPM 2" 35-50 GPM 1 1/4" 18-25 GPM 2 1/2" 51-80 GPM D. Techline Drip Line: Place in shallow furrow at 1"-2" below finish topsoil grade, below layer of specified mulch. Lay in uniform grid pattern in groundcover/shrub areas (rows 18"-24" apart max). Coil 20 linear feet at each balled and burlapped tree around base and to allow for tree removal if required. Staple drip line every 36" max. Flush all lines with full head of water prior to installation of flush valves at end of circuit runs. E. Flush Valves: Install flush valve at end of each drip line run. 3.8 SPRINKLER HEADS A. Flush circuit lines with full head of water prior to head installation. 1. Install heads at level with mulch 2. Locate part-circle shrubbery heads to maintain a minimum distance of six inches from walls and four inches from other boundaries unless otherwise indicated. Keep overspray to a minimum. 3.9 CONTROL WIRE INSTALLATION A. Bury wires beside or below main line pipe in same trench. B. Bundle multiple wires together with tape at ten feet (10') maximum intervals. C. Provide 36 inch loop in wires at each valve where controls are connected and at 100' maximum intervals between. D. Make all electrical joints (splices) in boxes only. Make electrical joints waterproof. Scotch-Lock connectors, or approved. 3.10 AUTOMATIC CONTROLLER A. Install on site as approved. Verify location with Owner Representative. B. Install typewritten legend inside controller door. 3.11 TESTING A. Do not allow or cause any work of this Section to be covered up or enclosed until it has been inspected and tested. B. Pressure testing: 1. Make necessary provision for thoroughly bleeding the line of air and debris. 2. Before testing, cap all risers, and install all valves. 3. Fill all main supply lines with water. Pressurize to 100 psi. Close air supply and test for leakage. Test shall be approved if no greater than 5 psi loss occurs in 15 minutes. 4. Fill all zone lines with water to static pressure. Hold for 15 minutes. Inspect for leakage. 5. Contractor shall provide all required testing equipment and personnel. Test shall be performed in presence of Architect. Contractor shall make notice of test (48) hours in advance. 6. Provide required testing equipment and personnel. 7. Repair leaks, and retest until acceptance by the Architect. C. Coverage inspection: upon completion of all systems, perform a coverage test to determine if coverage of water afforded all areas is complete, adequate and uniform. Change heads, nozzles, orifices and/or adjustment as directed to provide uniform coverage. D. Final inspection: 1. Clean, adjust, and balance all systems. Verify that: a. Remote control valves are properly balanced; b. Heads are properly adjusted for radius and arc of coverage; c. The installed system is workable, clean and efficient. E. Winterization: Winterize system at the end of first season of system operation. Review procedures with Owner Representative. END OF SECTION SECTION 32 84 00 - IRRIGATION (PERFORMANCE) PART 1 - GENERAL 1.1 CONDITIONS AND REQUIREMENTS: A. General and Supplementary Conditions, and Division 1 General Requirements. 1.2 SUMMARY A. Work included: 1. Provide and install a complete and operating automatic irrigation system for all lawn and planting areas. 2. Connect to main water supply at existing site stubout as provided. 3. Sleeving under paved areas (by others) 4. Obtain and pay for all permits and fees for the work of this section. 5. Perform work on a design/construct basis, subject to the requirements of the Contract Documents, applicable codes, and good design practice. 6. Winterization of system. 1.3 SUBMITTALS A. Within 30 days after Contractor's receipt of Owner's Notice to Proceed, submit: 1. Manufacturer's printed product information and catalog cut sheets for all system components; five copies. B. Shop Drawings: Submit shop drawings for underground irrigation system including plan layout and details illustrating location and type of head, type and size of valve, piping circuits, circuit GPM, pipe size, controls, and accessories. C. Record Drawings: At completion of this work, submit to the Contractor: 1. Record Drawings; reproducible and five prints. 2. Operations and Maintenance information (2 copies), including: a. Information including descriptive details, parts list, specifications, maintenance schedules and procedures for system components. b. Operation, adjustment of system and components instructions. c. Winterization procedures. d. Schedule indicating required open valve time to produce given precipitation amounts and seasonal adjustments. e. Warranties and guarantees. f. Submit five copies. 1.4 GUARANTEE A. Guarantee in writing all materials, equipment and workmanship furnished to be free of all defects of workmanship and materials. Within one year after date of Substantial Completion repair or replace all defective parts or workmanship that may be found at no additional cost to Owner. B. Fill and repair all depressions and replace all necessary lawn and planting which result from the settlement of irrigation trenches for one year after date of Substantial Completion. C. Supply all manufacturer's printed guarantees. 1.5 QUALITY ASSURANCE A. Contractor shall be licensed in the State in which this work is being performed. B. Contractor shall have at least two years prior experience in projects of equal or larger scope. Provide minimum of three references and list of similar projects with owners' names, addresses, and phone numbers, when requested by Owner. C. Contractor shall employ on site at all times a foreman who is thoroughly experienced and competent in all phases of the work of this Section. 1.6 SYSTEM DESCRIPTION A. Design requirements: 1. Minimum water coverage: Planting areas - 85%, Lawn areas - 100% 2. Layout system to obtain optimum coverage using manufacturer's standard heads. Spray on walks, walls or paved areas is not acceptable. 3. Zoning shall be designed for optimum use of available pressure and efficient distribution for types of plantings and shapes of planting areas. 4. Design pressures: Install pressure regulating equipment as necessary. 5. Provide/install approved fixed tee or coupling device for air blow winterization. Location shall be on main supply line from main shut off valve. 6. Install approved backflow prevention device in conformance with local or prevailing codes, and in approved site location. Provide for drainage without erosive damage. 1.7 EXTRA EQUIPMENT A. In addition to installed system, furnish owner with the following: 1. Valve operating key and marker key. 2. Wrench for each sprinkler head cover type. 3. Two sprinkler head bodies of each size and type. 4. Two nozzles for each size and type used. B. Store above items safely until Substantial Completion. C. Deliver above items at Substantial Completion. PART 2 - PRODUCTS 2.1 PIPE AND FITTINGS A. PVC 1120, ASTM D-1784, permanently marked with manufacturer's name, schedule rating, size, type. Solvent-weld type: 1. Pipe: a. Pressure lines: Schedule 40 solvent weld. b. Lateral lines: Class 200 pvc. c. Sleeving: Class 200 pvc. 2. Fittings: Schedule 40 PVC, solvent-weld type. Install threaded joints where required at valves, risers, etc. 3. Risers: Lawn and shrub heads - flexible and damage-resistant plastic "polypipe" riser. 4. Solvent: NSF approved solvent for Type I & II PVC. B. Polyethylene Pipe 1. Pipe: Class 100, 3/4" lateral line, for use on drip irrigation zone(s) where drip tubing is not otherwise used. 2. Fittings: Schedule 80 PVC. 3. Clamps: Stainless Steel. C. Drip Line: Netafim Techline Dripperline, with .6 GPH drippers at 18" spacing. 2.2 SPRINKLER HEADS A. Description: Appropriate for application in throw, pressure and discharge. Each type of head shall be of a single manufacturer. 1. Lawn heads: pop-up type. B. Manufacturer: Rainbird, Hunter, Weathermatic Irrigation Company. 2.3 AUTOMATIC CONTROL SYSTEM A. General; Furnish low voltage system manufactured expressly for control of automatic circuit valves of underground irrigation systems. Provide unit of capacity to suit number of circuits as indicated. B. Control Enclosure: Manufacturer's standard wall mount with locking cover, complying with NFPA 70. C. Circuit Control: each circuit variable from approximately 5 to 60 minutes. Including switch for manual or automatic operation of each circuit. D. Timing Device: Adjustable 24-hour and 7 or 14 day clocks to operate any time of day and skip any day in a 7 or 14 day period. E. Wiring: Solid or stranded direct-burial type as recommended by manufacturer of control unit; type AWG-UF, UL approved. 2.4 VALVING A. Manual valves: brass or bronze for direct burial, gate valves, 150 pound class, threaded connection with cross type handle designed to receive operating key. B. Automatic circuit valves: high impact plastic with corrosion-resistant internal parts. Low power solenoid control, normally closed, with manual flow adjustment; same manufacturer as control unit. 1. Standard sprinkler valve shall be Rainbird PEB-PRS-B. Use scrubber valve if not connected to potable water. 2. Drip Control Zone Kit: Hunter PCZ-101. C. Quick coupler valve: brass or bronze construction with hinged top. One per zone or valve grouping. D. Manual drain valves: 1. Bronze construction, straight type, 150 pound class, threaded connections, with cross type operating handle designed to receive operating key. Calco, Champion 100, or approved equal. 2. Size: 3/4 inch. ---PAGE BREAK--- [EMAIL REDACTED] August 9, 2021 Jerry A. Kiser Attorney at Law 4708 W. Fairview Ave., Suite 203 P.O. Box 8389 Boise, Idaho 83707 By email to: [EMAIL REDACTED] and by regular U.S. mail to: City of Star Attn: Shawn Nickel P.O. Box 130 Star, ID 83669 Re: Canvasback Subdivision/ File # FP-21-14 Final Plat Plat Dear Mr. Nickel: (208) 861-4657 I again write as attorney for the HRM pipeline, (HRM) an Idaho lateral water user association. The HRM delivers irrigation water from the Farmers Union canal to the property being developed as Canvasback subdivision as well as a number of other water users in the area. On September 4, 2020 I wrote a comment letter to you regarding the proposed subdivision which stated the HRM has certain requirements which included, but were not limited to, the following: 1. The developer/property owner must recognize irrigation rights-of-way for cleaning, maintenance and repair of the HRM delivery ditches and pipeline. The HRM has rights-of-way granted by State law. The sizes of those rights- of-way vary depending on the location, size and type of delivery structure or method of conveyance of water delivered to its water users. The HRM maintains a right-of-way of at least 10 feet on each side of its buried pipelines. Open ditch rights-of-way differ depending on a number of factors such as the width of the ditch and geographic features on or near the ditch. Idaho law provides no improvements including but not limited to, fences, structures, roads, pipelines or other construction is to be placed in the HRM rights-of- way without written permission from the HRM. The HRM strongly recommends rights-of-way be platted as common area lots to prevent encroachment or unauthorized improvements in the right-of-way by lot owners. The HRM should be contacted to determine specific rights-of-way the HRM has for its ditches and pipelines. 2. No change in the point of diversion or place of use of the water is allowed unless approved by the HRM. ---PAGE BREAK--- 3. 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 the IIRM's delivery of water or cleaning, maintenance, and repairs to its pipes and ditches. 4. In most circumstances, the HRM requires subdivisions install a pressurized irrigation system. Any such system should be pre-approved by the FIRM. 5. Pursuant to Idaho law, the written permission of the HRM must be obtained before any ditch or canal is buried in irrigation pipe by any land owner. Written permission must also be obtained from the HRM to relocate or change the location of any existing ditch, canal or pipeline. The plans received by the HRM do not comply with the above requirements in a number of respects. Most importantly the developer plans to relocate much of the HRM delivery system which has not been approved by the FIRM and will not be allowed. The proposed development does not protect the ability of the HRM to deliver water to other water users adjacent to and near the proposed development. No pressurized irrigation pump station plans have been provided to the HRM by the developer. Simply stated, the developer is proposing significant changes to the HRM pipeline water delivery system which have not been approved by the HRM and will not be approved as designed. As stated above in paragraph number 5, Idaho law requires the HRM approve the placement of any ditch in pipe and/or any change in the location of any existing ditch or pipeline. If you have any questions regarding the foregoing, please feel free to contact me. cerely, A. Kiser ttorney at Law cc: HRM Pipeline Kent Brown Bailey Engineering, Inc. ---PAGE BREAK--- August 6, 2021 By e-mail: [EMAIL REDACTED] City of Star P.O. Box 130 Star, Idaho 83669 Subject: Canvasback Subdivision Final Plat Phase 1, FP-21-14 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: 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 August 6, 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. ---PAGE BREAK--- Response to Request for Comment August 6, 2021 Page 3 • 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: 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. • 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 an Idaho Pollution Discharge Elimination System (IPDES) Permit. A Construction General Permit from DEQ 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. • For questions, contact James Craft, IPDES Compliance Supervisor, at (208) 373-0144. • 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. ---PAGE BREAK--- Response to Request for Comment August 6, 2021 Page 4 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. 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 tanks/leaking-underground-storage-tanks-in-idaho/ 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. ---PAGE BREAK--- Response to Request for Comment August 6, 2021 Page 5 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#: 2021AEK152 ---PAGE BREAK--- File # FP-21-16 Page 1 Trapper Ridge Subdivision – Phase 3 Final Plat CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Ryan B. Field, Assistant City Planner MEETING DATE: August 17, 2021 FILE(S) FP-21-16, Final Plat, Trapper Ridge Subdivision – Phase 3 REQUEST Applicant is seeking approval of a Final Plat for Trapper Ridge Subdivision, Phase 3, consisting of 51 residential lots and 2 common lots on 13.69 acres. The phase is located in the center of the preliminary plat, north of W. New Hope Road in Star, Idaho. The subject property is located west of N. Cherry Laurel Way and north of W. Mountain Iris Street. Ada County Parcel Numbers R6046660220, R6046660100 & R6046660317. Applicant: Owner Representative Trilogy Idaho Endurance Holdings Kent Brown, Kent Brown Planning 9839 Cable Car St. 1977 E. Overland Rd 3161 E. Springwood Drive Boise, ID 83708 Meridian, ID 83642 Meridian, ID 83642 PROPERTY INFORMATION Land Use Designation - Residential R-3 Acres - 13.69 acres Residential Lots - 51 Common Lots - 2 HISTORY May 7, 2019 The Rezone (RZ-18-06) and Preliminary Plat (PP-18-05) for Trapper Ridge Subdivision was approved by the Council. July 16, 2019 The Final Plat (FP-19-05) for Trapper Ridge Subdivision, Phase 1 was approved by the Council. April 21, 2020 The Final Plat (FP-20-06) for Trapper Ridge Subdivision, Phase 2 was approved by the Council. ---PAGE BREAK--- File # FP-21-16 Page 2 Trapper Ridge Subdivision – Phase 3 Final Plat GENERAL DISCUSSION The applicant is requesting approval of the Final Plat for Trapper Ridge Subdivision, Phase 3 consisting of 51 residential lots and 2 common lots on 13.69 acres. The Final Plat layout generally complies with the approved Preliminary Plat. Original Preliminary Plat Review: Site Data: All Phases Total Acreage of Site – 68.42 acres Total Number of Lots – 207 lots Total Number of Residential Lots – 200 lots Total Number of Common Lots – 7 lots Total Number of Commercial Lots – None Type of Units – Single Family Units Dwelling Units Per Gross Acre – 2.92 Units per acre Total Acreage of Common Lots – 14.11 acres Percent of Site as Common Area – 20.62% General Site Design Features: Landscaping The landscape plan submitted was approved as far as the locations. However, the UDC, Chapter 4, Section B-7 C-3 Street Trees, states that a minimum density of one tree per thirty-five (35) linear feet is required. The submitted landscape plan appears to satisfy this requirement. Open Space Open space for the subdivision comes in the form of passive green space with amenities. Street Design: Public Streets The development is proposing to have 36-foot-wide streets from back of curb to back of curb. This satisfies UDC Section 8-6B-2. Sidewalks Sidewalks are proposed at five-foot widths and will be attached throughout the overall subdivision. Streetlights Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant did not originally submit a plan or design/cuts sheet for streetlights. Working with City Staff, the Applicant has agreed to ---PAGE BREAK--- File # FP-21-16 Page 3 Trapper Ridge Subdivision – Phase 3 Final Plat change the streetlight design in the development to downward facing lights. Applicant also changed the streetlights along W. New Hope Road to match the current downward facing, city preferred fixture. The remaining phases will need to adhere to the current downward facing Staff Analysis of Final Plat Submittal: The submitted plat consists of 51 residential lots and 2 common lots. Lot Layout – The density of Trapper Ridge Subdivision, Phase 3 is 3.79 du/acre. The Final Plat indicates lot sizes range in size from 7,110 square feet to 26,566 square feet. This is in line with the approved preliminary plat. Common/Open Space and Amenities – This phase will have a pocket park and a micro pathway. Previous phases contain a tot lot and 1.4-acre park. A future phase will contain an 11-acre natural habitat park. Landscaping - Landscaping as required by the Unified Development Code, Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required. The landscaping plan , as submitted appears to satisfy this requirement. Common Area landscape requirements call for one deciduous shade tree per 4,000 square feet. The plan as submitted meets these requirements. Setbacks – The applicant has not requested any special setbacks and the development will adhere to current requirements of the R-3 zone. Mailbox Clusters – The Mailbox cluster has been approved and installed as part of Phase 1. Street Names – Applicant has provided documentation from Ada County that the proposed street names have been approved. Two street names are not displayed on the plat correctly, W. Snow Flower Street should be W. Snow Flower Drive. N. Long Creek Way has been changed to N. Waterbrook Way. Correct street names need to be reflected on all pages of the mylar prior to signature of the final plat. Subdivision Name – Ada County Development Services has approved the subdivision name and approval letter is part of the application packet. PUBLIC NOTIFICATIONS Notifications of this application were sent to agencies having jurisdiction on July 27, 2021. No Comments have been submitted. ---PAGE BREAK--- File # FP-21-16 Page 4 Trapper Ridge Subdivision – Phase 3 Final Plat FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve this Final Plat, the Unified Development Code requires that Council must find the following: A. The Plat is in conformance with the Comprehensive Plan. The Council finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no changes have been made to change this status. B. Public services are available or can be made available and are adequate to accommodate the proposed development. Staff finds that all public services are available and able to accommodate this development. C. There is public financial capability of supporting services for the proposed development. Staff knows of no financial hardship that would prevent services from being provided. D. The development will not be detrimental to the public health, safety or general welfare; and, Staff finds no facts to support that this subdivision phase will be detrimental to the public health, safety or general welfare. E. The development preserves significant natural, scenic or historic features. Staff finds that existing conditions have not substantially changed from the approved Preliminary Plat of this subdivision. CONDITIONS OF APPROVAL 1. The approved Final Plat for Trapper Ridge Subdivision, Phase 3 shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. 3. The property associated with this approved Final Plat, in addition to the property of all future phases shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star City Code Chapter 3, Section 3-1-1 through 3-1-7. 4. The property associated with this approved Final Plat, in addition to the property of all future phases shall be properly maintained throughout the construction process to include trash picked up and trash receptacles emptied with regular frequency, streets swept and cleaned weekly, including any streets used to access the property and all debris shall be prevented from accumulating on any adjacent property or public right of way and shall remove all debris from public way at least daily. 5. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. ---PAGE BREAK--- File # FP-21-16 Page 5 Trapper Ridge Subdivision – Phase 3 Final Plat 6. Pressurized irrigation systems shall comply with the Irrigation District(s) and the City of Star Codes. Plans for pressurized irrigation systems shall be submitted to, and approved by the City of Star Engineer, prior to installation. 7. Prior to signature on the mylar, all street names need to be displayed correctly on all pages of the mylar, per Ada County Development Services approval. 8. The approved Preliminary Plat shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See Section 8-4 B Landscaping Requirements) 9. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 10. Streetlight design/locations shall be submitted to staff for review prior to signature of the final plat. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to issuing any building permits. 11. 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. 12. Requested surety shall be required at 150% of the total estimated installed cost, as approved by the City Engineer or Administrator. The term of approval shall not exceed 180 days. (See Section 8-1 C-1 of the Unified Development Code for a list of eligible items.) 13. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met. 14. A separate sign application is required for any subdivision sign. 15. As built plans for pressurized irrigation systems shall be submitted to the City of Star prior to signature of the final plat. 16. Applicant shall provide the City with two full size and two 11”x17” copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 17. 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. 18. The mylar/final plat shall be signed by the owner, Surveyor, Central District Health, ACHD and City Engineer, prior to being delivered to the City of Star for City Clerk’s signature. 19. All common areas shall be maintained by the Homeowners Association. 20. 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. 21. A copy of the recorded CC&R’s shall be submitted to the City of Star prior to any building permits being issued. 22. Prior to signature of the final plat, a signed Irrigation District Agreement with the Irrigation Districts shall be provided to the City of Star. This requirement shall be with each subsequent Final Plat application. 23. Any additional Condition of Approval as required by Staff and City Council. ---PAGE BREAK--- File # FP-21-16 Page 6 Trapper Ridge Subdivision – Phase 3 Final Plat COUNCIL DECISION The Star City Council File # FP-21-16 Trapper Ridge Subdivision, Phase 3Final Plat, on August 2021. ---PAGE BREAK--- ---PAGE BREAK--- KENT BROWN PLANNING SERVICES 3161 E. Springwood Dr◆ Meridian, Idaho 83642 ◆ Tel.: [PHONE REDACTED] ◆ July 27, 2021 Star City Council PO Box 130 Star, ID 83669 RE: Final Plat for Trapper Ridge Subdivision No. 3 Dear Mayor and Council: On behalf of Trilogy Idaho, please accept this request for Final Plat approval. The lot count for Trapper Ridge No. 3 is; 51 single-family residential and 2 common lots. This subdivision is general located in the near the northeast corner of New Hope Road and Munger Road. • Trapper Ridge Subdivision No.3 is in compliance with the preliminary plat (RZ18-06 &PP18- 05) and meets all requirements of conditions. • Trapper Ridge Subdivision No. 3 Final Plat is in conformance with: 1. The approved preliminary plat layout and uses 2. Acceptable engineering, architectural and surveying practices and local standards. Evidence of Substantial compliance for the Canvasback Subdivision: APPROVED PRELIMINARY SUBDIVISION PHASE THREE Total Residential lots -200 Total Residential lots -51 Range of residential lots – 7,033- 14,076 Range of residential lots – 7,110- 26,566 Gross Density – 2.92 Gross Density -3.79 OPEN SPACE Qualified open space – 14.11 acres (21.7%) Qualified open space – .3 acres AMENITIES: Tot lot and 1.4 ac park-(phase one) and pathways connections to neighborhood and 11 ac natural habitat park-(Phase four) . AMENITIES: Micro pathway and pocket of park Thank you for your consideration, if you have any question please call me. Sincerely, Kent Brown, Planner ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 0' 100' 200' 300' L1 L2 TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. L3 ---PAGE BREAK--- KEY MAP 0' 30' 60' 90' EXISTING TRAPPER RIDGE PHASES TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. FUTURE TRAPPER RIDGE PHASE 4 L1 L3 L2 ---PAGE BREAK--- EXISTING TRAPPER RIDGE PHASES TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. FUTURE TRAPPER RIDGE PHASE 4 KEY MAP 0' 30' 60' 90' L1 L3 L2 ---PAGE BREAK--- EXISTING TRAPPER RIDGE PHASES TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. FUTURE TRAPPER RIDGE PHASE 4 KEY MAP 0' 30' 60' 90' L1 L3 L2 ---PAGE BREAK--- TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- 2.5 MISCELLANEOUS A. Chemicals: primer and solvent glue as required by pipe manufacturer. B. Valve box - high impact plastic, green in color. C. Valve cover and frame - compatible with valve box with provision for locking. D. Drainage backfill - clean gravel or crushed stone, graded from 3" maximum to 3/4" minimum. PART 3 - EXECUTION 3.1 GENERAL A. Install system to provide for adequate protection against freeze damage. B. Install system in accordance with approved Contractor design drawings. All deviations from the plans must be approved, and clearly recorded on record drawing. C. Install system and components in strict accordance with manufacturer's recommendations. D. Install quick coupler(s) on main supply line, approximately equal spacing, at valve box locations or intervals of approximately 200 feet, whichever is greater. Locate adjacent to paved surfaces, at valve boxes where practical. 3.2 SURFACE CONDITIONS A. Examine the areas and conditions under which work will be performed. Notify Contractor of conditions detrimental to timely and proper completion of Section work. Do not proceed until unsatisfactory conditions are corrected. B. Locate all underground utilities and structures and notify Architect of any conflict with Section work. Protect structures and utilities. Repair or replace said structures or utilities damaged by this work at no cost to the Owner. 3.3 SLEEVING A. Sleeving installed by others. Coordinate with other trades. 3.4 TRENCHING AND BACKFILLING A. Trenching and backfilling shall be per applicable ISPWC Section. B. Cut trenches straight and without abrupt grade changes to allow the following minimum cover: 1. Main Lines and Sleeving: 18 inches. 2. PVC Laterals: 12 inches. C. Surround lines with 2 inches of clean rock-free material on all sides. 3.5 MISCELLANEOUS VALVES A. Install manual drain valves up stream. Install devise at mainline tap in accordance with manufacturer requirements for complete operation. Install backflow provision and connect to controller. 3.6 CIRCUIT VALVES A. Install in valve box, arranged for easy adjustment and removal. 1. Provide union on side. 2. Install valve box on bricks - four required. 3. Install top flush with finish grade. 4. Adjust automatic control valves to provide flow rate of rated operating pressure required for each sprinkler circuit. 3.7 PIPE INSTALLATION A. Lay PVC pipe in accordance with standard and acceptable practice. Thrust blocks to be used at points of intersection and change of direction in main line pipe as per manufacturer's recommended specifications. Install manual drains. B. PVC pipe joints, solvent welded except as indicated. Cut pipe square, deburr, wipe from surface all saw chips, dust, dirt, moisture and any foreign matter which may contaminate the cemented joint. Apply cleaner/primer and solvent cement, make joints in accordance with manufacturer's recommendations. Use Teflon thread sealant (tape) at all threaded joints. C.Contractor shall size pipe according to schedule provided. Flow velocities shall not exceed 5 feet/second in all cases. Lateral lines shall be laid out and installed per zone to balance the pressure loss and provide minimum fluctuation in system operating pressures. Pipe Size Pipe Section Pipe Size Pipe Section 3/4" 0-9 GPM 1 1/2" 26-34 GPM 1" 10-17 GPM 2" 35-50 GPM 1 1/4" 18-25 GPM 2 1/2" 51-80 GPM D. Techline Drip Line: Place in shallow furrow at finish grade, below layer of specified mulch. Lay in uniform pattern in groundcover areas, or as per shrub pattern layout. Coil 20 linear feet at each balled and burlapped tree around base and to allow for tree removal if required. Flush all lines with full head of water prior to installation of flush valves at end of circuit runs. E. Flush Valves: Install flush valve at end of each drip line run. 3.8 SPRINKLER HEADS A. Flush circuit lines with full head of water prior to head installation. 1. Install heads at level with mulch or lawn. 2. Locate part-circle shrubbery heads to maintain a minimum distance of six inches from walls and four inches from other boundaries unless otherwise indicated. Keep overspray to a minimum. 3.9 CONTROL WIRE INSTALLATION A. Bury wires beside or below main line pipe in same trench. B. Bundle multiple wires together with tape at ten feet (10') maximum intervals. C. Provide 36 inch loop in wires at each valve where controls are connected and at 100' maximum intervals between. D. Make all electrical joints (splices) in boxes only. Make electrical joints waterproof per manufacturers requirements. 3.10 AUTOMATIC CONTROLLER A. Install on site as approved. Verify location with Owner Representative. B. Install typewritten legend inside controller door.Coordinate power with electrical. C. Install controller per manufacturers requirements. 3.11 TESTING A. Do not allow or cause any work of this Section to be covered up or enclosed until it has been inspected and tested. B. Pressure testing: 1. Make necessary provision for thoroughly bleeding the line of air and debris. 2. Before testing, cap all risers, and install all valves. 3. Fill all main supply lines with water. Pressurize to 100 psi. Close air supply and test for leakage. Test shall be approved if no greater than 5 psi loss occurs in 15 minutes. 4. Fill all zone lines with water to static pressure. Hold for 15 minutes. Inspect for leakage. 5. Contractor shall provide all required testing equipment and personnel. Test shall be performed in presence of Architect. Contractor shall make notice of test (48) hours in advance. 6. Provide required testing equipment and personnel. 7. Repair leaks, and retest until acceptance by the Architect. C. Coverage inspection: upon completion of all systems, perform a coverage test to determine if coverage of water afforded all areas is complete, adequate and uniform. Change heads, nozzles, orifices and/or adjustment as directed to provide uniform coverage. D. Final inspection: 1. Clean, adjust, and balance all systems. Verify that: a. Remote control valves are properly balanced; b. Heads are properly adjusted for radius and arc of coverage; c. The installed system is workable, clean and efficient. E. Winterization: Winterize system at the end of first season of system operation. Review procedures with Owner Representative. END OF SECTION SECTION 02810 - SPRINKLER IRRIGATION PART 1 - GENERAL 1.1 CONDITIONS AND REQUIREMENTS: A. General and Supplementary Conditions, and Division 1 General Requirements. 1.2 SUMMARY A. Work included: 1. Provide and install a complete and operating automatic irrigation system for all lawn and planting areas. 2. Connect to main water supply at existing site stubout as provided. 3. Sleeving under paved areas (by others) 4. Obtain and pay for all permits and fees for the work of this section. 5. Perform work on a design/construct basis, subject to the requirements of the Contract Documents, applicable codes, and good design practice. 6. Winterization of system. 1.3 SUBMITTALS A. Within 30 days after Contractor's receipt of Owner's Notice to Proceed, submit: 1. Manufacturer's printed product information and catalog cut sheets for all system components; five copies. B. Shop Drawings: Submit shop drawings for underground irrigation system including plan layout and details illustrating location and type of head, type and size of valve, piping circuits, circuit GPM, pipe size, controls, and accessories. C. Record Drawings: At completion of this work, submit to the Contractor: 1. Record Drawings; reproducible and five prints. 2. Operations and Maintenance information (2 copies), including: a. Information including descriptive details, parts list, specifications, maintenance schedules and procedures for system components. b. Operation, adjustment of system and components instructions. c. Winterization procedures. d. Schedule indicating required open valve time to produce given precipitation amounts and seasonal adjustments. e. Warranties and guarantees. 1.4 GUARANTEE A. Guarantee in writing all materials, equipment and workmanship furnished to be free of all defects of workmanship and materials. Within one year after date of Substantial Completion repair or replace all defective parts or workmanship that may be found at no additional cost to Owner. B. Fill and repair all depressions and replace all necessary lawn and planting which result from the settlement of irrigation trenches for one year after date of Substantial Completion. C. Supply all manufacturer's printed guarantees. 1.5 QUALITY ASSURANCE A. Contractor shall be licensed in the State in which this work is being performed. B. Contractor shall have at least two years prior experience in projects of equal or larger scope. Provide minimum of three references and list of similar projects with owners' names, addresses, and phone numbers, when requested by Owner. C. Contractor shall employ on site at all times a foreman who is thoroughly experienced and competent in all phases of the work of this Section. 1.6 SYSTEM DESCRIPTION A. Design requirements: 1. Minimum water coverage: Planting areas-85%, Lawn areas-100% (full head-to-head) 2. Layout system to obtain optimum coverage using manufacturer's standard heads. Spray on walks, walls or paved areas is not acceptable. 3. Zoning shall be designed for optimum use of available pressure and efficient distribution for types of plantings and shapes of planting areas. 4. Design pressures: Install pressure regulating equipment as necessary. 5. Provide/install approved fixed tee or coupling device for air blow winterization. Location shall be on main supply line from main shut off valve. 6. Install approved backflow prevention device in conformance with local or prevailing codes, and in approved site location. Provide for drainage without erosive damage. PART 2 - PRODUCTS 2.1 PIPE AND FITTINGS A. PVC 1120, ASTM D-1784, permanently marked with manufacturer's name, schedule rating, size, type. Solvent-weld type: 1. Pipe: a. Pressure lines: Schedule 40 solvent weld. b. Lateral lines: Class 200 pvc. c. Sleeving: Class 200 pvc. 2. Fittings: Schedule 40 PVC, solvent-weld type. Install threaded joints where required at valves, risers, etc. 3. Risers: Lawn and shrub heads - flexible and damage-resistant plastic "polypipe" riser. 4. Solvent: NSF approved solvent for Type I & II PVC. B. Polyethylene Pipe 1. Pipe: Class 100, 3/4" lateral line, for use on drip irrigation zone(s) where drip tubing is not otherwise used. 2. Fittings: Schedule 80 PVC. 3. Clamps: Stainless Steel. C. Drip Line: Netafim Techline Dripperline, with .6 GPH drippers at 18" spacing. 2.2 SPRINKLER HEADS A. Description: Appropriate for application in throw, pressure and discharge. Each type of head shall be of a single manufacturer. 1. Lawn heads: pop-up type. B. Manufacturer: Rainbird or Hunter. 2.3 AUTOMATIC CONTROL SYSTEM A. General; Furnish low voltage system manufactured expressly for control of automatic circuit valves of underground irrigation systems. Provide unit of capacity to suit number of circuits as indicated. B. Control Enclosure: Maufacturer's standard wall mount with locking cover, complying with NFPA 70. C. Circuit Control: each circuit variable from approximately 5 to 60 minutes. Including switch for manual or automatic operation of each circuit. D. Timing Device: Adjustable 24-hour and 7 or 14 day clocks to operate any time of day and skip any day in a 7 or 14 day period. E. Wiring: Solid or stranded direct-burial type as recommended by manufacturer of control unit; type AWG-UF, UL approved. 2.4 VALVING A. Manual valves: brass or bronze for direct burial, gate valves, 150 pound class, threaded connection with cross type handle designed to receive operating key. B. Automatic circuit valves: high impact plastic with corrosion-resistant internal parts. Low power solenoid control, normally closed, with manual flow adjustment. 1. Drip Control Zone Kit: Hunter PCZ-101. 2. Standard sprinkler valve shall be Rainbird PEB-PRS-B. C. Quick coupler valve: brass or bronze construction with hinged top. One per zone. D. Manual drain valves: 1. Bronze construction, straight type, 150 pound class, threaded connections, with cross type operating handle designed to receive operating key. Calco, Champion 100, or approved equal. 2. Size: 3/4 inch. E. Manual Flushing Valve: Netafim Model TLSOV, two per zone (each end). PART 2 - PRODUCTS 2.1 TOPSOIL A. If deemed usable, native topsoil shall be stockpiled for re-use in landscape work. Topsoil shall be fertile, friable, natural loam, surface soil, reasonable free of subsoil, clay lumps, brush, weeds, roots, stumps, stones larger than 1 inch in any dimension, and other extraneous or toxic matter harmful to plant growth. 1. Contractor shall send a minimum of three representative topsoil samples for testing. See testing requirements below. Contractor is responsible for whatever soil additives are recommended by the tests. Submit to Architect for approval. Compost will be added to other additives and added regardless of test results. B. If quantity of stockpiled topsoil is insufficient, contractor to provide imported topsoil that is fertile, friable, natural loam, surface soil, reasonably free of subsoil, clay lumps, brush, weeds and other litter, and free of roots, stumps, stones larger than 1 inches in any dimension, and other extraneous or toxic matter harmful to plant growth. 1. Obtain topsoil from local sources or areas with similar soil characteristics to that of project site. Obtain topsoil only from naturally well-drained sites where topsoil occurs in a depth of not less than 4 inches. Do not obtain from bogs or marshes. 2. Composition: Topsoil shall contain from 1 to 20% organic matter as determined by the Organic Carbon, 6A, Chemical Analysis Method described in USDA Soil Survey Investigation Report No. 1. Maximum particle size, 3/4-inch, with maximum 3% retained on 1/4-inch screen. Other components shall conform to the following limits: pH 6.5 to 7.5 Soluble Salts 600 ppm maximum Silt 25-50% Clay 10-30% Sand 20-50% 3. Contractor shall submit representative soil report on imported topsoil proposed for use for approval. Report shall meet standards below. Contractor is responsible for whatever soil additives are recommended by the test. Compost will be in addition to other additives and added regardless of test results. C. Soil Testing 1. Soil tests are required for this project (see above for requirements). Test shall be provided as follows: a. Provide certified analysis at time of sample submitted (three samples imported topsoil). Amend soils per chemist's recommendations and as herein specified unless otherwise approved by Architect. 2. Test shall include, but not limited to recommendations on chemical distributions, organic contents, pH factors, and sieve analysis as necessary. Test #1T by Western Laboratories (1-[PHONE REDACTED]) is required. 3. Contractor is responsible for whatever soil additives are recommended by the soil testing laboratory. 4. Contractor shall coordinate, obtain and pay for all soil tests. 5. If regenerative noxious weeds are present in the soil, remove all resultant growth including roots throughout one-year period after acceptance of work, at no cost to Owner. 2.2 pH ADJUSTERS A. When pH does not comply with this specification, commercial grade aluminum sulfate shall be used to adjust soil pH. 2.3 SOIL AMENDMENTS A. Compost: Compost: “Cascade Compost” from Cloverdale Nursery (208) 375-5262 and NuSoil Compost (208) 629-6912 or approved equal in equal amounts by volume. B. Commercial Fertilizer: Fertilizer shall be complete, standard commercial brand fertilizer. It shall be free-flowing and packaged in new waterproof, non-overlaid bags clearly labeled as to weight, manufacturer, and content. Protect materials from deterioration during delivery and while stored at site. 1. Commercial fertilizer for trees and shrubs during planting; slow release Agriform Planting 5-gram tablets 20-10-5 type or equal. 2. Commercial fertilizer for lawn areas, applied to bed prior to sodding, to be 16-16-17 applied at the rate of ten pounds per acre. 3. Commercial fertilizer for lawn areas three to four weeks after planting sod. Organic Fertilizer Milorganite (6-0-2) type or equal. C. Herbicide: Pre-emergent for topical application in planting beds. Oxiadiazon 2G brand or pre-approved equal. Use in accordance with manufacturer's recommendation on all planting beds. 2.4 PLANT MATERIALS A. Quality: Provide trees, shrubs, and other plants of size, genus, species, and variety shown for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". B. Deciduous Trees: Provide trees of height and caliper scheduled or shown with branching configuration recommended by ANSI Z60.1 for type and species required. Single stem trees except where special forms are shown or listed. C. Deciduous Shrubs: Provide shrubs of the height shown or listed, not less than minimum number of canes required by ANSI Z60.1 for type and height of shrub. D. Coniferous and Broadleafed Evergreens: Provide evergreens of sizes shown or listed. Dimensions indicate minimum spread for spreading and semi-spreading type evergreens and height for other types, such as globe, dwarf, cone, pyramidal, broad upright, and columnar. Provide normal quality evergreens with well balanced form complying with requirements for other size relationships to the primary dimension shown. 2.5 GRASS MATERIALS A. Lawn sod: Provide strongly rooted sod, not less than 1 growing season old, and free of weeds and undesirable native grasses. Provide only sod capable of growth and development when planted (viable, not dormant). 1. Provide sod of uniform pad sizes with maximum 5% deviation in either length or width. Broken pads or pads with uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10% of pad will be rejected. B. Provide sod composed of: Rhizomatous Tall Fescue (RTF) from the The Turf Company, Meridian, ID (208) 888-3760 or approved equal. 2.6 MISCELLANEOUS LANDSCAPE MATERIALS A. Anti-Desiccant: Emulsion type, film-forming agent designed to permit transpiration, but retard excessive loss of moisture from plants. Deliver in manufacturer's fully identified containers and mix in accordance with manufacturer's instructions. B. Mulch: Mulch for planting beds shall be medium ground bark mulch, free of splinters, consistent in appearance, and shall contain no toxic substance detrimental to plant life. C. Stakes and Guys: Provide stakes and deadmen of sound new hardwood, treated softwood, or redwood, free of knot holes and other defects. Provide wire ties and guys of 2-strand, twisted, pliable galvanized iron wire, not lighter than 12 ga. with zinc-coated turnbuckles. Provide not less than 2 inch diameter rubber or plastic hose, cut to required and of uniform color, material, and size to protect tree trunks from damage by wires. SECTION 32 90 00 - LANDSCAPE WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections. 1.2 SUMMARY A. This Section includes provisions for the following items: 1. Trees. 2. Shrubs; Ground cover. 3. Lawns. 4. Topsoil and Soil Amendments. 5. Miscellaneous Landscape Elements. 6. Initial maintenance of landscape materials. B. Related Sections: The following sections contain requirements. 1. Underground sprinkler system is specified in Section 32 84 00 - Irrigation 1.3 QUALITY ASSURANCE A. Subcontract landscape work to a single firm specializing in landscape work. B. Source Quality Control: 1. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. 2. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non-availability to Architect, with proposal for use of equivalent material. 3. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, wherever applicable. 4. Trees, Shrubs and Groundcovers: Provide trees, shrubs, and groundcovers of quantity, size, genus, species, and variety shown and scheduled for work complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". Provide healthy, vigorous stock, grown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects such as knots, sun-scald, injuries, abrasions, or disfigurement. 5. Label at least one tree and one shrub of each variety with attached waterproof tag with legible designation of botanical and common name. a. Where formal arrangements or consecutive order of trees or shrubs are shown, select stock for uniform height and spread. 6. Inspection: The Architect may inspect trees and shrubs either at place of growth or at site before planting, for compliance with requirements for genus, species, variety, size, and quality. Architect retains right to further inspect trees and shrubs for size and condition of balls and root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from project site. 1.4 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Plant and Material Certifications: 1. Certificates of inspection as required by governmental authorities. 2. Manufacturer's or vendor's certified analysis for soil amendments and fertilizer materials. 3. Label data substantiating that plants, trees, shrubs and planting materials comply specified requirements. C. Mulch: Submit 1 gal bag of mulch sample for approval. 1.5 DELIVERY, STORAGE AND HANDLING A. Sod: Time delivery so that sod will be placed within 24 hours after stripping. Protect sod against drying and breaking of rolled strips. B. Trees and Shrubs: Provide freshly dug trees and shrubs. Do not prune prior to delivery unless otherwise approved by Architect. Do not bend or bind-tie trees or shrubs in such manner as to damage bark, break branches, or destroy natural shape. Provide protective covering during delivery. Do not drop balled and burlapped stock during delivery. C. Deliver trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage, and keep roots moist by covering with mulch, burlap or other acceptable means of retaining moisture. D. Do not remove container-grown stock from containers until planting time. E. Do not drop or dump materials from vehicles during delivery or handling. Avoid any damage to rootballs during deliver, storage and handling. 1.6 JOB CONDITIONS A. Utilities: Determine location of underground utilities and work in a manner which will avoid possible damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. B. Excavation: When conditions detrimental to plant growth are encountered, such rubble fill, adverse drainage conditions, or obstructions, notify Architect before planting. C. Adjacent Landscape: Protect planted areas adjacent to construction area. Replace or recondition to prior conditions at project completion. 1.7 SEQUENCING AND SCHEDULING A. Planting Time: Proceed with, and complete landscape work as rapidly as portions of site become available, working within seasonal limitations for each kind of landscape work required. 1. Plant or install all plant materials during normal planting seasons from 15 March to 15 November. 2. Correlate planting with specified maintenance periods to provide maintenance from date of substantial completion. B. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of lawns, unless otherwise acceptable to Architect. If planting of trees and shrubs occurs after lawn work, protect lawn areas and repair damage to lawns resulting from planting operations. 1.8 SPECIAL PROJECT WARRANTY A. Warranty lawns through specified lawn maintenance period, until Final Project Acceptance. B. Warranty trees and shrubs, for a period of one year after date of substantial completion, against defects including death and unsatisfactory growth, except for defects resulting from neglect by Owner, abuse or damage by others, or unusual phenomena or incidents beyond Landscape Installer's control. C. Remove and replace trees, shrubs, or other plants dead or in unhealthy condition during warranty period. Make replacements during growth season following end of warranty period. Replace trees and shrubs which are in doubtful condition at end of warranty period; unless, in opinion of Architect, it is advisable to extend warranty period for a full growing season. PART 3 - EXECUTION 3.1 PREPARATION - GENERAL A. General Contractor shall be responsible for excavating planting areas to appropriate depths for placement of topsoil as specified herein. B. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations and outline areas and secure Architect's acceptance before start of planting work. Make minor adjustments as may be required. 3.2 PREPARATION OF PLANTING SOIL A. Before mixing, clean topsoil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful or toxic to plant growth. B. Mix specified compost and fertilizers with topsoil at rates specified. Delay mixing fertilizer if planting will not follow placing of planting soil in a few days. Compost: Lawn Areas: 1/4 compost, : 3/4 topsoil. Shrub Areas: 1/3 compost, 2/3 topsoil. Fertilizer: Per soil test and manufacture's recommendations. C. For shrub and lawn area, mix planting soil either prior to planting or apply on surface of topsoil and mix thoroughly before planting. 3.3 PREPARATION FOR PLANTING LAWNS A. After excavating and removing surface material to proper depth, loosen subgrade of lawn areas to a minimum depth of 4 inches. Remove stones measuring over 1-1/2 inches in any dimension. Remove sticks, roots, rubbish, and other extraneous matter. Limit preparation to areas which will be planted after preparation. 1. Spread topsoil mix to minimum depth of 4 inches for sodded lawns as required to meet lines, grades, and elevations shown, after light rolling, addition of amendments, and natural settlement. Place approximately 1/2 of total amount of topsoil required. Work into top of loosened subgrade to create a transition layer and then place remainder of planting soil. Add specified soil amendments as required and mix thoroughly into upper 4 inches of topsoil. 3.4 PREPARATION OF PLANTING BEDS A. Loosen subgrade of planting areas to a minimum depth of 6 inches using a culti-mulcher or similar equipment. Remove stones measuring over 1 1/2 inches in any dimension. Remove stocks, stones, rubbish, and other extraneous matter. B. Spread planting soil mixture to minimum 12 inch depth required to meet lines, grades, and elevations shown, after light rolling and natural settlement. Add 1 1/2 inches of specified compost over entire planting area and mix thoroughly into upper 6 inches of topsoil. Place approximately 1/2 of total amount of planting soil required. Work into top of loosened subgrade to create a transition layer, then place remainder of the planting soil. C. Apply Pre-Emergent per manufacturer's recommendation. 3.5 PLANTING TREES AND SHRUBS A. Set balled and burlapped (B&B) stock on layer of compacted planting soil mixture, plumb and in center of pit or trench with top of ball at same elevation as adjacent finished landscape grades. Remove burlap from sides of balls; retain on bottoms. When set, place additional backfill around base and sides of ball, and work each layer to settle backfill and eliminate voids and air pockets. Place fertilizer tablets in excavated area per manufacture's written instructions. When excavation is approximately 2/3 full, water roughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing final layer of backfill. Remove all ties from around base of trunk. B. Set container grown stock, as specified, for balled burlapped stock, except cut cans on 2 sides with an approved can cutter and remove can; remove bottoms of wooden boxes after partial backfilling so as not to damage root balls. C. Trees planted in turf area: Remove turf 3' dia around tree trunk. Dish top of backfill to allow for mulching. D. Mulch pits, and planted areas. Provide not less than following thickness of mulch, and work into top of backfill and finish level with adjacent finish grades. 1. Provide 3 inches thickness of mulch. E. If season and weather conditions dictate, apply anti-desiccant, using power spray, to provide an adequate film over trunks, branches, stems, twigs and foliage. F. Prune, thin out, and shape trees and shrubs in accordance with standard horticultural practice. Prune trees to retain required height and spread. Unless otherwise directed by Architect, do not cut tree leaders, and remove only injured or dead branches from flowering trees, if any. Prune shrubs to retain natural character. G. Remove and replace excessively pruned or misformed stock resulting from improper pruning. H. Guy and stake trees immediately after planting, as indicated. I. Apply approved herbicide to all shrub bed areas at manufacture specified rate. Re-apply as necessary for elimination of weeds. 3.6 SODDING NEW LAWNS A. General: Install lawn sod in all areas designated on the drawings. B. Soil Preparation 1. Any sod lawn areas that may have become compacted prior to sodding must be scarified to a depth of eight inches by approved means, then finish graded as hereinbefore described. C. Lay sod within 24 hours from time of stripping. Do not plant dormant sod or if ground is frozen. D. Sod Placement 1. Sod will be brought onto lawn areas by wheeled means with proper protection of sod beds. Sod layers shall be experienced, or if inexperienced, shall be constantly supervised by an experienced foreman. The Contractor shall insure that the base immediately ahead of sod layer is moist. Sod shall be laid tight with not gaps. Allowance shall be made for shrinkage. Lay sod with long edges perpendicular to primary slope. 2. Lay to form a solid mass with fitted joints. Butt ends and sides of strips; do not overlap. Stagger strips to offset joints in adjacent courses. Work on boards to avoid damage to subgrade or sod. Tamp or roll to ensure contact with subgrade. Work sifted soil into minor cracks between pieces; remove excess to avoid smothering of adjacent grass. 3. Sod shall be rolled with a two hundred (200) pound roller after installation to insure proper contact between soil and sod. Final rolling must provide a uniform surface. After final rolling, the sod lawn shall be mowed and watered. Approval of sod lawns shall be based on uniform, healthy and vigorous growth with no dry or dead spots. 4. Add fertilizer at the manufacturer's recommended application rate. E. Water sod thoroughly with a fine spray immediately after planting. F. Sodded Lawn Establishment 1. The Contractor shall be responsible for first mowing, subsequent mowings and fertilizing of sod lawn areas until Final Acceptance of the project. 2. Mowing shall be done by an approved "reel" type mower. Mower blades shall be set at two inches high for all mowings. 3. Subsequent fertilizing shall occur three to four weeks after installation. Apply fertilizer as per the Manufacturer's recommended application rate. Verify all methods of application. Contractor shall notify the Architect in writing that the fertilizer applications have occurred and on what dates. 3.7 MAINTENANCE A. Begin landscape maintenance immediately after planting. Maintenance shall continue until Project Final Acceptance. B. Maintain trees, shrubs, and other plants by pruning, cultivating, and weeding as required for healthy growth. Restore planting saucers. Tighten and repair stake and guy supports and reset trees and shrubs to proper grades or vertical position as required. Restore or replace damaged wrappings. Spray as required to keep trees and shrubs free of insects and disease. C. Maintain lawns by watering, fertilizing, weeding, mowing, trimming, and other operations such as tolling, regrading and replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. D. Maintain lawns for no less than period stated above, or longer as required to establish acceptable lawn. 3.8 CLEANUP AND PROTECTION A. During landscape work, keep pavements clean and work area in an orderly condition. B. Protect landscape work and materials from damage due to landscape operations, operations by other contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged landscape work as directed. 3.9 INSPECTION AND ACCEPTANCE A. When landscape work is completed, including maintenance, Architect will, upon request, make an inspection to determine acceptability. B. When inspected landscape work does not comply with requirements, replace rejected work and continue specified maintenance until reinspected by Architect and found to be acceptable. Remove rejected plants and materials from project site. END OF SECTION TEL [PHONE REDACTED] www.baileyengineers.com 1119 E. STATE STREET, SUITE 210 EAGLE, ID 83616 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- 1 Jacob Qualls From: Jennifer Salmonsen Sent: Wednesday, August 11, 2021 1:38 PM To: kathy Cc: Jacob Qualls Subject: Re: Mayor Chadwick’s Request For A Salary Increase Hi Kathy. Thank you for your input on the proposed Mayor's salary increase. I am forwarding your email to the City Clerk so it can be added to the public input record. Sincerely, Jennifer Salmonsen From: kathy <[EMAIL REDACTED]> Sent: Friday, August 6, 2021 5:37 PM To: Jennifer Salmonsen <[EMAIL REDACTED]> Subject: Mayor Chadwick’s Request For A Salary Increase Dear Councilwoman Salmonsen, I am writing in response to the Mayor’s request for a salary increase. First let me say that I think Mayor Chadwick is doing a very good job as Mayor. I do know he puts in a lot of hours and I think he has accomplished a lot. I like him personally. I have no issue with him getting a salary increase but I think $90,000-$110,000 per year is excessive for city the size of Star. I’ve heard the arguments that other cities have more staff so our mayor takes on more responsibility. Regardless, I do not know how you justify a salary at $90-$110,000 for a town with a population of approximately 12,000 people. I worked for county government for over 30 years so I’m quite familiar with government salaries. I would think that $85,000 would be the maximum salary for a mayor in a town like Star. Yes, the mayor is doing a great job now but what happens when the next person runs and wins. Do you think Gary Smith would be worth $90 to $110,000? Never say never. I’m pretty sure everyone’s mind is made up but I still want to go on record as saying I think a maximum of $85,000 would be very reasonable. Sincerely, Kathy Holcomb 198 S Wildgrass Way Star, ID 83669 ---PAGE BREAK--- 1 Jacob Qualls From: Lynda Wojcik <[EMAIL REDACTED]> Sent: Thursday, August 5, 2021 9:00 PM To: Jacob Qualls Subject: Re: Canyon County turns down subdivision south of Nampa over water worries Just a general comment please. FYI- I’m the one you spoke to at check out at Ridleys about an hour or so ago. Thank you, Lynda M Wojcik On Aug 5, 2021, at 8:53 PM, Jacob Qualls <[EMAIL REDACTED]> wrote: Thank you Linda. For clarification is this a budget comment or general comment? I just want to know where to place it in their packets. - Jmac Sent from my T-Mobile 5G Device Get Outlook for Android From: Lynda Wojcik <[EMAIL REDACTED]> Sent: Thursday, August 5, 2021 8:53:48 PM To: Jacob Qualls <[EMAIL REDACTED]> Subject: Fwd: Canyon County turns down subdivision south of Nampa over water worries Hi J, Please share this with the Star City Council. I am very concerned about the amount of building happening now and on the books for next year and Star being able to cover basic service like water. At the budget meeting, the Mayor shared that there are over 800 housing starts on the books for next year. I can only say WOW! Is Star also on the books ( meaning already planned repairs) with ACHD and ITD when it comes to our heavily traveled roads by huge construction trucks. I live in Trident Ridge and Beacon Light between Highway 16 and New Hope Is getting pummeled by construction trucks. I would really appreciate it if you all would slow this growth down. Please slow the growth down. Please remember that “small town feel” and slow down on the approval of so many more building starts. I’ve included an article on concerns about availability of water in a proposed development in Canyon County. Thank you, Lynda M Wojcik 3484 N Tansy Pl Star ---PAGE BREAK--- 2 Subject: Canyon County turns down subdivision south of Nampa over water worries ---PAGE BREAK--- 1 Jacob Qualls From: Barbara Norgrove Sent: Wednesday, August 4, 2021 8:14 AM To: Jacob Qualls; Trevor Chadwick Subject: FW: budget Forwarding Barbara Norgrove City of Star Executive Assistant Direct line [PHONE REDACTED] [EMAIL REDACTED] Star Motto: "The Brightest Jewel in the Gem State!" This message has been sent to you as official business of the City of Star. This E-mail and any attachments may be considered confidential. If you are not the intended recipient, please be advised that you are legally prohibited from retaining, using, copying, distributing, or otherwise disclosing this information in any manner. If you have received this communication in error, please reply to the sender and then immediately delete it. Thank you for your cooperation. PUBLIC RECORD NOTICE: All communications transmitted within the City of Star Email system may be a public record and may be subject to disclosure under the Idaho Public Records Act (Idaho Code 9-337 et seq.) and as such may be copied and reproduced by members of the public. From: chris biggs <[EMAIL REDACTED]> Sent: Tuesday, August 3, 2021 6:39 PM To: Barbara Norgrove <[EMAIL REDACTED]> Subject: budget To star city council I am a resident of star 10616 w menkalinin dr (208) 407 5798 ---PAGE BREAK--- 2 I disagree with the mayor going to full time with out a vote from the people star. I also diagree with such a huge budget increase to include raises voted in by the council and not the people of star. chris biggs ---PAGE BREAK--- 1 Jacob Qualls From: Trevor Chadwick Sent: Friday, August 6, 2021 5:58 PM To: Jacob Qualls Subject: Fwd: You Request For A Salary Increase For the record please Get Outlook for iOS From: kathy <[EMAIL REDACTED]> Sent: Friday, August 6, 2021 5:50:34 PM To: Trevor Chadwick <[EMAIL REDACTED]> Subject: You Request For A Salary Increase Dear Mayor Chadwick, I am writing in response to your request for a salary increase. First let me say that I think you are doing a very good job as Mayor. I do know you put in a lot of hours and I think you have accomplished a lot. I like you personally. I have no issue with you getting a salary increase but I think $90,000- $110,000 per year is excessive for city the size of Star. I’ve heard the arguments that other cities have more staff so you take on more responsibility. Regardless, I do not know how you justify a salary at $90-$110,000 for a town with a population of approximately 12,000 people. I worked for county government for over 30 years so I’m quite familiar with government salaries. I would think that $85,000 would be the maximum salary for a mayor in a town like Star. Yes, you are doing a great job now but what happens when the next person runs and wins. Do you think Gary Smith would be worth $90 to $110,000? Never say never. I’m pretty sure everyone’s mind is made up but I still want to go on record as saying I think a maximum of $85,000 would be very reasonable. Sincerely, Kathy Holcomb 198 S Wildgrass Way Star, ID 83669 ---PAGE BREAK--- 1 Jacob Qualls From: Jacob Qualls Sent: Wednesday, August 4, 2021 1:31 PM To: Ashley Freeman Subject: RE: Checking In Thank you Ashley! This morning I prepared a card to send to you thanking you for your attendance at the meeting last night. I am open pretty much anytime to meet with the public. (weekends is about the only exception). You spoke that you work business hours too, so I will extend an invitation if you would ever like to get together to talk, just let me know and I can meet after hours. I can not take much credit for the budget proposal. I can tell you that next year’s budget will be very surprising to everyone. The software that we are using to track funds (Quickbooks) is not set up for governmental accounting. I have been working on getting actual software that is designed with the transparency and audit trails necessary to make sure that if there is any misrepresentation it can be caught quickly. Thanks again, I look forward to your letter on the budget! - jmac Jacob "Mac" Qualls City Clerk / Treasurer, idCMC Star City Hall 10769 West State Street PO Box 130 Star, Idaho 83669-0130 [PHONE REDACTED] (City Hall) This message has been sent to you as official business of the City of Star. This E-mail and any attachments may be considered confidential. If you are not the intended recipient, please be advised that you are legally prohibited from retaining, using, copying, distributing, or otherwise disclosing this information in any manner. If you have received this communication in error, please reply to the sender and then immediately delete it. Thank you for your cooperation. PUBLIC RECORD NOTICE: All communications transmitted within the City of Star Email system may be a public record and may be subject to disclosure under the Idaho Public Records Act (Idaho Code 9-337 et seq.) and as such may be copied and reproduced by members of the public. From: Ashley Freeman <[EMAIL REDACTED]> Sent: Wednesday, August 4, 2021 1:22 PM To: Jacob Qualls <[EMAIL REDACTED]> Subject: Checking In Jacob, I am planning to provide a letter to you regarding my comments from last nights public testimony. Thank you for managing well as well as the budget explanation packet provided. I have to say in all the years I have lived here the only ---PAGE BREAK--- 2 person to educate me on the budget and how it worked was our past Mayor, Nate Mitchell when he was school Mayor Bell and prior members of the council. I do feel that you have a lot to credit for that packet and for that I appreciate the time you put into it. I also would like to find time to sit down with you and meet with you, I am sure I may be considered a problem child of some sorts but I do care about my city and transparency. I come from a family of city and county employees, I myself a government employee and appreciate and recognize civil service. I want to ensure in my community I am voice for those who cannot speak up to the leaders, honestly the voter is the only one any of you have. Just as I do as a federal employee and a Veteran. R/ Ashley Freeman Sent from my iPhone ---PAGE BREAK--- 1 Jacob Qualls From: Jacob Qualls Sent: Friday, August 13, 2021 10:45 AM To: GARY SMITH Cc: David Hershey Subject: RE: City of Star Budget Gary - I would be happy to meet with you and any other citizens by appointment. Please email a date and time you would like to meet. I do not know who SCU is. Forgive me, this acronym is foreign to me. I am not sure of Mr. Hershey’s availability. In regard to ordinance 339-2021, just because it was given a number and placed on the agenda has no legal bearing, weather left on the agenda or removed. No action was taken on the item. I placed the item on the agenda and had my staff upload it for the packet so the council could see the item and review. I did not expect them to necessarily act on it at that meeting. They had discussed it on June 30 in the budget workshop held. In regard to Mr. Keyes Nextdoor comments, I am not a member of next door and will not comment on comments I have not seen. I routinely assign ordinance numbers to drafts so that we can keep track of them. My office is about transparency, appropriate and respectful public involvement, public education, best management practices, procedure development and execution. - jmac From: GARY SMITH <[EMAIL REDACTED]> Sent: Friday, August 13, 2021 9:00 AM To: Jacob Qualls <[EMAIL REDACTED]> Cc: David Hershey <[EMAIL REDACTED]> Subject: City of Star Budget Jacob, As the City Clerk for the City of Star I am asking you to hold an investigation of the proceedings of this year budget meetings, discussions and publications. My reasons for asking that the City table the upcoming budget meeting approval until I and other citizens can meet with you and the Council President to review the time line. Our reasons for this request. 1. On July 19th at 8:45 PM the City web page still had the upcoming city agenda that included City Ordinance # 339-2021 to be presented to the council and voted on. 2. SCU published that ordinance copy from the City web page on July 19th at 8:45 PM. ---PAGE BREAK--- 2 3. Citizens told me that on the morning of July 20th it was still on the City web site. 4. On July 20th at the Star City Council I and other citizens met the Mayor at the door to City Hall Chamber and when we asked the Mayor he told us that was a “mistake”? That is was now tabled until the Aug 3rd. That being Ordinance #339-2021. I am asking that you and the Council President investigate and meet with the citizens in question who spoke with the Mayor and what he said, to review all discussions that the council members had about the change to the agenda, the timing and why. Further more Councilmen Keyes now states on Next Door that it was a working number? The attached ordinance was not a working number, it was prepared by the council drafted, reviewed by the Mayor, sent to all the council members a week before as part of their council package for all to read. Based on the published information and statements by the Mayor and now Councilman Keyes I am asking to meet with you and the City Council President before the Aug 17th meeting for clarification of this year’s budget process. I am not accessing anyone of wrong doing, that is up to you and the City Council President to decide. Since the budget review is still open this is my request per the City’s request for input on the budget. Gary Smith 258 S Langer Lake Way Star , ID 83669 [PHONE REDACTED] Mr. Keyes is wrong. It was in the City Agenda for July 20th to be voted on. SCU saw it put it out on FB for all to see and just before the meeting because of public out cry the Mayor and Council took it down. If SCU had not brought it to the attention of the community they could have passed it at $100K and it would have been a line item in the budget and already a city ordinance in my opinion. Folks Mr. Keyes is not telling the truth in my opinion and they are trying to pull the wool over your eyes just like the salary they are asking for. To publish a City Ordinance like this one it is discussed by all including the Mayor, council and City Clerk. The Mayor approves the agenda before it is sent out and the council all get it a week before. This was not a mistake - they were caught and I am asking for a full investigation by the City Clerk and the Council President. Michael Keyes • Pinewood Lakes Robbie Destocki One of the councilmen at the workshop had proposed a higher number. It was not universally supported by the council. It came out of the workshop as a "working number". It was not ultimately adopted into the budget. ---PAGE BREAK--- 3 ---PAGE BREAK--- 1 Jacob Qualls From: Doug Dilks <[EMAIL REDACTED]> Sent: Friday, August 13, 2021 11:53 AM To: Jacob Qualls Subject: Budget Morning, There’s a lot of discussion going on concerning the budgeting in and pay of a full time Mayor. Obviously Mayor Chadwick has done a wonderful job and benefited from massive growth. If he was in the private sector what would his bonus be ?Hmm ? I think the City of Star will benefit from a paid full time Mayor and also keep us on par and competitive with surrounding Cities.The Mayor of Star wears several hats and fulfills multiple job duties.What would the cost be to hire personnel to do all theses jobs ? I also understand this perspective will change during slow times. Remember you get what you pay for. Thank you Douglas Dilks 8635 w Rioja st Star Sent from my iPhone ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, Planning Director and Zoning Administrator MEETING DATE: August 17, 2021 – PUBLIC HEARING FILE(S) AZ-21-09 Annexation and Zoning DA-21-11 Development Agreement PUD-21-01 Planned Unit Development PP-21-12 Preliminary Plat for Inspirado Subdivision OWNER/APPLICANT/REPRESENTATIVE Property Owner/Applicant (Annexation/Development) Representative: Antonov Star Holdings, LLC Teller Bard 7629 E. Pinnacle Peak Road, Ste. 110 Kimley-Horn & Associates Scottsdale, AZ 85255 950 W. Bannock St, Ste. 1100 Boise, ID 83702 Property Owner #2 (Annexation Only) Property Owner #3 (Annexation Only) Pioneer Irrigation District Don Brandt P.O. Box 426 203 11th Ave Caldwell, ID 83606 Nampa, ID 83651 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning (R-3-P-DA, MU-P-DA, C-2-P-DA), a Development Agreement, a Planned Unit Development, and a Preliminary Plat for a proposed mixed-use development and subdivision consisting of 195 single family residential lots, 2 high density/multi-family residential lots, 1 commercial lot, 4 mixed-use lots and 24 common lots. The property is located on the northeast corner of N. Star Road and W. Chinden Blvd in Star, Idaho. The Inspirado Subdivision contains approximately 124 acres. The entire annexation area for this application includes approximately 135 acres. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 2 PROPERTY INFORMATION Property Location: The subject property is generally located between N. Star Road and Hwy 16. Ada County Parcel No’s S0420336300; S0420336500; S0420315200; S0420428200 (Brandt); S0420325800; S0420325855; S0420417550 (Pioneer Irrigation Dist.); S0421325480 (Brandt) & S0421325570 (Pioneer Irrigation Dist.). Surrounding Land Use/Designations: Zoning Designation Comp Plan Designation Land Use Existing RUT (County) Neighborhood Residential, Commercial, Mixed Use Agriculture Proposed R-3-P-DA MU-DA C-2-DA Neighborhood Residential, Commercial, Mixed Use Single Family Residential/Commercial/ Mixed Use/Multi-Family Residential North of site RUT (County) CBD (Central Business District); Neighborhood Residential Single Family Residential/Agriculture/ Commercial South of site RUT (County) Medium Density Residential Mixed Use Regional (City of Meridian) Agriculture East of site RUT (County) Commercial Star Road/R.C. Bean Saddlery/Pasture West of site RUT (County) Commercial Neighborhood Residential Single Family Residential/Agriculture Existing Site Characteristics: The property currently is agricultural. Irrigation/Drainage District(s): Nampa-Meridian, Boise-Kuna, Boise Project Board of Control Flood Zone: This property is currently located in Flood Zones X. FEMA FIRM Panel 16001C0140J. Effective Date: 6/19/2020 Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No evidence.  Fish Habitat – None.  Floodplain – No.  Mature Trees – None.  Riparian Vegetation – No.  Steep Slopes – None. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 3  Stream/Creek – Yes.  Unique Animal Life – No unique animal life has been identified.  Unique Plant Life – No unique plant life has been identified.  Unstable Soils – No known issues.  Historical Assets – No historical assets have been observed.  Wildlife Habitat – No known sensitive wildlife habitat observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held May 20, 2020 Neighborhood Meeting Held June 3, 2020 Application Submitted & Fees Paid April 16, 2021 Application Accepted May 17, 2021 Residents within 300’ Notified August 2, 2021 Agencies Notified May 6, 2021 Legal Notice Published August 2, 2021 Property Posted August 6, 2021 HISTORY This property does not have any history of land use applications within the City of Star. CODE DEFINITIONS / COMPREHENSIVE PLAN UNIFIED DEVELOPMENT CODE: 8-1B-1: ANNEXATION AND ZONING; REZONE: B. Standards: 1. The subject property shall meet the minimum dimensional standards of the proper district. 2. The city may require a development agreement in conjunction with the annexation and zoning, or rezone, pursuant to Idaho Code section 67-6511A, which may include a concept plan. In addition to other processes permitted by city and state code, exceptions or waivers of standards, other than use, may be permitted through execution of a development agreement. A development agreement and concept plan shall be required for any rezone to a mixed-use zone, high density zone or land which includes steep slope (land over 25%) or floodway. 3. The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 4 development agreement shall be rezoned to the district classification as designated by the development agreement. When no designation is provided, the property shall revert to its original zoning or, if the original designation no longer exists, to the closest current equivalent zoning as determined by the current Comprehensive Plan Land Use Map designation. 4. An amendment or termination of a previously recorded development agreement shall be recorded in the office of the county recorder by the clerk. 5. An approved development agreement must be executed within ninety (90) days of the meeting at which the development agreement is approved by the city council. A one-time administrative extension of maximum thirty (30) days may be granted by the zoning administrator. Additional extensions may be approved by majority vote of the city council. Failure to execute the development agreement within the required timeframe will result in the denial of all related applications. C. Required Findings: The council shall review the application at the public hearing. In order to grant an annexation and zoning or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city. 5. The annexation (as applicable) is in the best interest of city. 8-3A-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. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 5 C-2 GENERAL BUSINESS DISTRICT: To provide for the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones, and typically located adjacent to arterial roadways and not immediately adjacent to residential, including the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. MU MIXED USE DISTRICT: To provide for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, and/or residential depending upon the specific comprehensive plan area designated as Mixed Use. Development within this zone is to proceed through the PUD process unless a development agreement has already been executed for the particular property. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this zone may allow the development community to be more innovative in design and placement of structures subject to Council review and approval. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. Residential uses may be part of an overall mixed-use development that includes a non-residential component and may not exceed 30% of the overall size of the development. 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. PS PUBLIC/SEMIPUBLIC: To provide for the development of such uses as golf courses, parks, recreation facilities, greenways, schools, cemeteries, and public service facilities such as government offices and utilities. All development within this land use is encouraged to be designed to accommodate the different needs, interests, and age levels of residents in matters concerning both recreation and civil activities. 8-3B-3: ADDITIONAL RESIDENTIAL DISTRICT STANDARDS - RESIDENTIAL DISTRICTS: 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 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. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 6 8-3E-1: MU MIXED USE DISTRICT: ADDITIONAL MIXED-USE DISTRICT STANDARDS A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED B. All development applications within a mixed-use district shall be accompanied by a conditional use permit, planned unit development, or development agreement application, which shall include a concept plan of the development. C. The administrator shall make a recommendation to the applicant regarding what mix of uses are appropriate for any mixed-use development and shall then make a recommendation to the Council. D. The development shall include uses from two or more of the land use categories such as residential, commercial, office, light industrial, public space or agricultural. E. Mixed-use areas along state highways, where adequate access can be provided for commercial use, shall be predominantly commercial with a very minor component of residential unless the residential is placed on upper floors as part of a mixed-use building. F. For any mixed-use development which includes a residential component, a minimum of two housing types, including but not limited to, single-family detached dwellings, single family attached dwellings and multi-family dwellings, shall be required. This excludes multi-family that is proposed to be placed solely on upper floors as part of a mixed-use building. G. The Council may place requirements on a mixed-use development, including a ratio of uses and/or timing of phases, to ensure that the overall development maintains its mixed-use intent. 8-3A-3: USES WITHIN ZONING DISTRICTS The following table lists principal permitted accessory uses conditional or prohibited uses. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 7 ZONING DISTRICT USES - RESIDENTIAL 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 ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 8 ZONING DISTRICT USES USES C-2 MU Accessory structure - Residential or Commercial A C/P Adult business/adult entertainment N N Agriculture, forestry, fishing N N Airport N N Animal care facility 1 P C Artist studio1 P P Arts, entertainment, recreation facility1 P C Asphalt plant 1 N N Auction facility C C Automated Teller Machine (ATM) 1 A A Automotive hobby 1 N A Automotive mechanical/electrical repair and maintenance P C Bakery- Retail or Manufacturing P P/C Bar/tavern/lounge/drinking establishment P C Barbershop/styling salon P P Bed and breakfast P C Beverage bottling plant N N Boarding house N C Brewery/Distillery P C Brewpub/Wine Tasting P C Building material, garden equipment and supplies P C Campground/RV park 1 N C Caretaker Unit 1 A A Cement or clay products manufacturing N N Cemetery 1 N N Chemical manufacturing plant 1 N N Child Care center (more than 12) 1 C C Child Care family (6 or fewer) 1 A A ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 9 Child Care group (7-12) 1 C C Child Care-Preschool/Early Learning1 C C Church or place of religious worship1 P P Civic, social or fraternal organizations P C Concrete batch plant 1 N N Conference/convention center P C Contractor's yard or shop 1 N N Convenience store P C Dairy farm N N Drive-through establishment/drive-up service window 1 P C Dwelling: Multi-family 1 N C Secondary 1 N C Single-family attached N C Single-family detached N C Two-family duplex N C Live/Work Multi-Use 1 N C Educational institution, private C C Educational institution, public C C Equipment rental, sales, and services P C Events Center, public or private (indoor/outdoor) C C Fabrication shop P N Farm N N Farmers' or Saturday market C C Feedlot N N Financial institution P C Fireworks Stands P P Flammable substance storage N N Flex Space P C ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 10 Food products processing C N Fracking N N Gasoline, Fueling & Charging station with or without convenience store 1 P C Golf course C C Government office P C Greenhouse, private N A Greenhouse, commercial P C Guesthouse/granny flat N C Healthcare and social services P C Heliport N N Home occupation 1 N A Hospital P C Hotel/motel P C Ice manufacturing plant N N Industry, information P C Institution P C Junkyard N N Kennel C C Laboratory P C Laboratory, medical P C Lagoon N N Laundromat P P Laundry and dry cleaning P C Library P N Manufactured home 1 N C Manufactured home park 1 N N Manufacturing plant C N Meatpacking plant N N ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 11 Medical clinic P P Mining, Pit or Quarry (excluding accessory pit) 1 N N Mining, Pit or Quarry (for accessory pit) 1 A A Mortuary P C Museum P P Nursery, garden center and farm supply P C Nursing or residential care facility 1 P C Office security facility P C Parking lot/parking garage (commercial) C C Parks, public and private P P Pawnshop P P Personal and professional services P P Pharmacy P P Photographic studio P P Portable classroom/modular building (for private & public Educational Institutions) C C Power plant N N Processing plant N N Professional offices P C Public infrastructure; Public utility major, minor and yard 1 C C Public utility yard C N Recreational vehicle dump station C A Recycling center C N Research activities P C Restaurant P C Retail store/retail services P C Retirement home N C Riding Arena or Stable, Private/ Commercial N N Salvage yard N N ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 12 Sand and gravel yard N N Service building P C Shooting range (Indoor/Outdoor) C/N C/N Shopping center P C Short Term Rentals 1 N A Solid waste transfer station N N Storage facility, outdoor (commercial)1 P C Storage facility, self-service (commercial)1 P C Swimming pool, commercial/public P P Television station C C Temporary living quarters 1 N N Terminal, freight or truck 1 C N Truck stop C C Turf farm N N Vehicle emission testing 1 P C Vehicle impound yard 1 N N Vehicle repair, major 1 P C Vehicle repair, minor 1 P C Vehicle sales or rental and service 1 P C Vehicle washing facility 1 P C Vehicle wrecking, junk or salvage yard1 N N Veterinarian office P C Vineyard N C Warehouse and storage P C Wholesale sales P C Winery C C Wireless communication facility 1 C C Woodworking shop P N ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 13 DIMENSIONAL STANDARDS: Zoning District Maximum Height Note Conditions Minimum Yard Setbacks Note Conditions Front Rear Interior Side Street Side R-3 35' 15’ to living area/side load garage 20’ to garage face 15' 5' per story 20' R-12 and higher 35’ 15’ to living area 20’ to garage 15’ 4’ if alley load 5’ for single story 10’feet for multi- story 20’ C-2 35' 20' 5' 0' 20' PS 35’ 20’ 10’ 0’ 20’ MU 35' For MU and CBD - Unless otherwise approved by the Council as a part of a PUD or development agreement, all residential buildings shall follow the residential setbacks shown in this table based upon the project density and all other buildings shall follow setbacks for the C-2 zone Notes: 1. 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. 2. 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. 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. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 14 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 units 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. 8-4E-2: COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS - STANDARDS: 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 units 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. 8-7-1: PURPOSE - PLANNED UNIT DEVELOPMENTS: A. The purpose of the planned unit development (PUD) requirements is to provide an opportunity for exemplary site development that meets the following objectives: 1. Preserves natural, scenic and historic features of major importance; 2. Allows for innovative design that creates visually pleasing and cohesive patterns of development; and 3. Creates functionally integrated development that allows for a more efficient and cost-effective provision of public services. B. It is not the intent that the PUD process be used solely for the purposes of deviation from the dimensional standards in the district, however deviations from dimensional and other standards within this title, may be approved by the council if the PUD incorporates design features that add to the overall design and quality of the proposed development. By allowing dimensional standard deviations, exceptions in land uses allowed and pre-approvals of specific uses as conditions of approval within the PUD application process, the City expects in return a unique ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 15 development that provides upgraded open space and amenities, mixed uses, multiple residential styles and superior site design. 8-7-4: STANDARDS – PLANNED UNIT DEVELOPMENTS: A. General Use Standards: 1. Deviations from Underlying District Requirements: Deviations from dimensional and other standards within this title, may be approved by the council if the PUD incorporates design features that add to the overall design and quality of the proposed development. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced. 2. Allowed Uses: Applicant may request that specific conditional use(s) be allowed in the district as principal permitted use(s) and up to twenty-five percent (25%) of non-permitted uses be allowed as permitted uses if the council finds that compatibility within the PUD, compatibility with adjacent planned uses and compliance with the intent of the comprehensive plan is provided. It is at the sole discretion of the Council to approve non-permitted uses within the development, including the maximum amount of those non-permitted uses. C. Residential Use Standards: 1. Housing Types: A variety of housing types may be included within a single planned development, such as attached units (townhouses, duplexes), detached units (patio homes), single-family and multi-family units, regardless of the district classification of the site, provided that the overall density limit of the district is maintained. A minimum of two housing types shall be provided for all PUD’s. 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. Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail, and service establishments. Rezoning to this designation should not be ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 16 allowed unless adequate ingress/egress to major transportation corridors are assured. Light industrial uses may be considered at the discretion of the City Council without amending this plan. Mixed Use Generally suitable for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, light industrial, and/or residential depending upon the specific area designated as Mixed Use. See Mixed Use Implementation Policies for specific criteria. Development within this land use designation is to proceed through the PUD and/or development agreement process. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this land use designation will allow the development community to be more innovative in design and placement of structures. Development design guidelines should also be established to guide development within mixed-use areas. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. 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 subdivide in the future. 8.5.6 Policies Related Mostly to The Commercial Planning Areas ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 17 A. Assist in the provision of coordinated, efficient, and cost-effective public facilities and utility services, carefully managing both residential and non-residential development and design, and proactively reinforcing downtown Star’s role as the urban core while protecting existing property rights. B. Encourage commercial facilities to locate on transportation corridors. C. Locate neighborhood services within walking distance to residential development. D. Discourage the development of strip commercial areas. E. Maintain and develop convenient access and opportunities for shopping and employment activities. F. Commercial areas of five acres or less should be encouraged in residential land use designations with appropriate zoning to allow for commercial services for residential neighborhoods and to limit trip Such commercial areas should be submitted for approvals with a Conditional Use Permit or Development Agreement to assure that conditions are placed on the use to provide for compatibility with existing or planned residential uses. These areas should be oriented with the front on a collector or arterial street. G. Allow for some light industrial uses within the Commercial areas at the sole discretion of the City Council. 8.5.7 Policies Related Mostly to The Mixed-Use Planning Areas A. Council, at their sole discretion, shall determine what mix of uses are appropriate for any mixed-use area considering existing property owners rights. B. Development within the Mixed-Use Designation is to proceed through the CUP, PUD, and/or Development Agreement process, and a concept plan must be included with any such proposed use. C. In general, mixed-use areas along state highways should be predominantly commercial with a very minor component of residential unless the residential is placed on upper floors as part of a mixed-use building. D. Mixed use areas along state and U.S. Highways where direct access to the state highway is prohibited, like along State Highway 16 between State Highway 44 and US Highway 20/26, should be predominately residential with a minor component of neighborhood commercial, or light industrial if sufficient roadway access, by means of backage or other roads, to the State Highway is provided. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 18 E. Mixed use areas located between commercial and residential land use designations are to provide a compatible transition between the higher intensity use of commercial and the lower intensity use of Estate and Neighborhood Residential. Uses for these mixed-use areas could include multi-family housing and or office related uses if determined by the Council through the public hearing process, to be appropriate 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: F. 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 ANNEXATION & REZONE: The applicant is requesting approval of an annexation and rezone application to annex a total of approximately 139-acres and change the zoning designation on approximately 124 acres from Rural Urban Transitional (RUT) to Residential (R-3-P-DA), Commercial (C-2-P-DA) and Mixed-Use (MU-P-DA). The remaining area of approximately 15 acres is part of the annexation pathway from the east and north up to the recently annexed Stonebriar Subdivision and will be designated specific zoning designations by the City at the time of annexation. The proposed zoning district designations for Inspirado would allow for the future subdivision of the property with uses ranging from single family residential, multi-family residential, commercial and mixed- use. The property is located in an area that will be serviceable with central sewer and water provided by Star Sewer and Water District in the near future. Star Sewer and Water will be extending services along Star Road from the new sewer lift station at Joplin Road, completing construction on the west side of Star Road. The property will be accessed by existing and future public roadways. The rezone requests include a development agreement that will address future density and development standards along with approved zoning uses for the residential and ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 19 non-residential uses. Staff calculates the gross density for the single-family residential portion of the development as 61.48 acres (66.80 total residential acres minus 5.32 acres for the multi- family lots) with a density of 3.17 du/acre. This does not include the future multi-family dwelling density within this calculation. Including the future multi-family development area into the calculations would increase the overall density for the entire residential portion of the development of up to 4.5 dwelling units per acre (20 units/acre). If this is a correct calculation, Staff would recommend that an R-4 zoning designation be substituted. Regarding the three additional parcels that make up the annexation pathway to Stonebriar Subdivision, Staff recommends that the two Pioneer Irrigation District properties be zoned as PS Public/Semipublic zoning district, and the Brandt parcel be designated as R-3. These designations are consistent with the Comprehensive Plan and/or existing uses of the properties. PRELIMINARY PLAT: The Preliminary Plat submitted contains a total of 227 lots, including 195 single family residential lots, 2 future multi-family residential lots, 1 commercial lot, 4 mixed-use lots and 24 common lots. The detached residential lots include a mixture of patio homes, custom homes and luxury homes on lots ranging in size from 5,500 square feet to 16,871 square feet. The lots will have access and frontage from public streets. All roads will be built to ACHD, City of Star and Star Fire District standards. The submitted preliminary plat is showing a 50 ft wide right of way with paved streets measuring 33 feet from back of curb to back of curb for all local streets with 5 feet wide detached sidewalks throughout the development. The UDC requires all streets to have a minimum street width of 36 feet. The Applicant has not provided documentation that street names have been obtained and approved. Applicant shall obtain and provide to the City street name approval documentation from the Ada County Street Naming Committee prior to signature of the final plat. The application states that proposed overall open space provided is 10.65 acres including 3.5 acres (33%) usable open space. The current Unified Development Code, Section 8- 4E-2 requires a development of this size to have a minimum of 9 site amenities. The applicant is proposing two main amenity areas (primary and secondary) including a community pool, 2 pickleball and two bocce ball courts, children’s play area with tot lot structure, shade ramada, picnic tables and benches, multiple pathways and connections and passive, open areas. The applicant is also proposing a primary entrance monument with a water feature. with a pocket park with a shade ramada and a pathway along the southern portion of the property along the hillside and wetland area. There will also be three ponds in the development. These amenities satisfy the code requirement for development amenities. Any future multi-family development shall meet additional landscaping and amenity requirements in Section 8-5-20 of the UDC at the time of future approval. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 20 The Commercial and Mixed-Use lots are not planned for specific development at this time. Future review by Council and/or Staff will be necessary once uses are determined. If the applicant intends to request pre-approvals of any additional future Conditional Use permitted uses, not listed below, at this time, they should request so of the Council through the PUD process. PLANNED UNIT DEVELOPMENT The applicant has submitted a Planned Unit Development (PUD) with the application to assist with the multiple uses proposed within the development including residential, commercial and mixed use, and to provide for deviations to dimensional standards (setbacks) for some of the residential product. UDC Section 8-7-1 Planned Unit Developments states that “By allowing dimensional standard deviations, exceptions in land uses allowed and pre-approvals of specific uses as conditions of approval within the PUD application process, the City expects in return a unique development that provides upgraded open space and amenities, mixed uses, multiple residential styles and superior site design”. The PUD process also allows for the applicant to request approval of the multi-family dwelling component within the R-3 zoning district as part of the overall approval. Section 8-7-1 further states that “Allowed Uses: Applicant may request that specific conditional use(s) be allowed in the district as principal permitted use(s)”. In addition to the multi-family dwelling approval in the R-3, the applicant has proposed the following Zoning District Use allowances within the PUD as listed below. Staff is supportive of each of the requested allowances with the exception of the multi-family use in the Commercial District. Staff believes that the Commercial areas should be protected from future non- commercial development. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 21 • 2. Non-single-family detached residential dwellings will be limited to a maximum of 10% of the subject gross R-3 development parcel. • 3. Conditional residential uses will be limited to a maximum of 25% of the subject gross development parcel. ADDITIONAL DEVELOPMENT FEATURES: Sidewalks Internal sidewalks are proposed at five-foot widths and will be detached throughout the development. • Streetlights Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant has submitted a streetlight plan and cut sheet that DOES NOT meet City of Star requirements. Applicant must provide a streetlight design/cut sheet and location plan for City approval. This will be required at submittal of the final plat. ZONING DISTRICT USES USES R C-2 MU Dwelling: Multi-family 1 P C 2 C N 3 C 3 Single-family attached P C N 3 C 3 Two-family duplex P C N 3 N Live/work multi-use 1 N C N 3 C 3 Storage facility, outdoor (commercial) 1 N P P C Storage facility, self-storage (commercial) 1 N P P C ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 22 • Street Names Applicant has not provided documentation from Ada County that the street names are acceptable and have been approved. This will be required at final plat. • Subdivision Name Applicant has provided a letter from Ada County that the subdivision name has been approved and reserved for this development. • Landscaping - As required by the Unified Development Code, Chapter 8, Section 8-8C-2- M Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. Section 8-8C-2, J5 states that a minimum of one deciduous shade tree per four thousand (4,000) square feet of common area shall be provided. The submitted landscape plan appears to satisfy these requirements. Applicant shall meet all landscaping requirements in the UDC and provide a final landscape plan with the final plat application. • Setbacks – The applicant is requesting set back waivers with the PUD application for a number of residential lots. • Block – It appears that blocks proposed meet the 750’ block length requirement. The applicant should be prepared to request a waiver of block from Council if the maximum length is exceeded. • Mailbox Cluster – Applicant has submitted a mailbox review request to the Meridian Postmaster. To date, staff has not been provided with an approval letter from the Postmaster. The applicant shall provide this information to the City prior to signing the final plat. • Phasing – The applicant has provided a phasing plan for this development showing 4 phases. DEVELOPMENT AGREEMENT Through the Development Agreement process, the applicant is proposing to work with the City and/or neighboring property owners to provide further insurances that the development will be built as presented and/or modified by the Council through the review process. Items that should be considered by the applicant and Council include the following: • Density; • Pre-approved and allowed Commercial Uses ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 23 • ITD Proportionate Share Fees; • Emergency Access • Setback Waivers AGENCY RESPONSES ITD Pending Star Fire District August 9, 2021 Ada County Development Services May 7, 2021 DEQ May 14, 2021 ACHD Pending West Ada School District July 1, 2021 Keller and Associates May 28, 2021 Central District Health May 12, 2021 PUBLIC RESPONSES No Public Comments Have Been Received. STAFF RECOMMENDATION Based upon the information provided to staff in the applications and agency comments received to date, the proposed annexation and zoning application meets the requirements, standards and intent for development as it relates to the Comprehensive Plan and Unified Development Code. Regarding the preliminary plat and planned unit development applications, without review and recommendations from the transportation agencies (ACHD & ITD), staff cannot determine if the requirements, standards and intent for development as they relate to the Comprehensive Plan and Unified Development Code have been met Overall, staff is supportive of the proposed diversity in lot sizes, housing sizes and density that the (R-3 or R-4) zoning designation will provide. **The applicant has provided a request to Council to move forward with the annexation and zoning applications at this time and table the preliminary plat and planned unit development until ACHD and ITD reports are provided. 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 or revised 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. A development agreement will also be brought back to the Council for review of proposed Conditions of Approval for the rezone. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 24 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: ANNEXATION/REZONE FINDINGS: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan. The purpose of the Star Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Star and its Impact Area. Some of the prime objectives of the Comprehensive Plan include: ✓ Protection of property rights. ✓ Adequate public facilities and services are provided to the people at reasonable cost. ✓ Ensure the local economy is protected. ✓ Encourage urban and urban-type development and overcrowding of land. ✓ Ensure development is commensurate with the physical characteristics of the land. The goal of the Comprehensive Plan for Land Use is to encourage the development of a diverse community that provides a mixture of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible provides an assortment of amenities within walking distance of a residential development. The Council must find compliance with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically, the purposes statement. The City must find that the proposal complies with the proposed district and purpose statement. The purpose of the residential districts is to provide regulations and districts for various residential neighborhoods with gross densities in compliance with the intent of the Comprehensive Plan designation. 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 in all districts exceeding one dwelling unit per acre. Private streets may be approved in this district for access to newly subdivided or split property. The purpose of the commercial district is to provide for the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones, and typically located adjacent to arterial roadways and not immediately adjacent to residential, including the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. The purpose of the mixed-use district is to provide for a mixture of uses which may, at the sole discretion of the ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 25 Council, include office, commercial, and/or residential depending upon the specific comprehensive plan area designated as Mixed Use. Development within this zone is to proceed through the PUD process unless a development agreement has already been executed for the particular property. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this zone may allow the development community to be more innovative in design and placement of structures subject to Council review and approval. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. Residential uses may be part of an overall mixed-use development that includes a non-residential component and may not exceed 30% of the overall size of the development. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and The Council must find that there is no indication from the material submitted by any political agency stating that this annexation and zoning of this property will be materially detrimental to the public health, safety or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts. The Council must find that it has not been presented with any information from agencies having jurisdiction that public services will be adversely impacted other than traffic, which will continue to be impacted as the City grows. 5. The annexation is in the best interest of the city. The Council must find that this annexation is reasonably necessary for the orderly development of the City. 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. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 26 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. 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 the Inspirado Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. 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. ITD has calculated the fees to be $TBD. 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. 3. 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 and energized prior to issuing of building permits. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Applicant/Owner shall submit a streetlight plan and design prior to Final Plat approval. Streetlights shall comply with the Star City Code regarding light trespass and “Dark Sky” initiative. 4. Street trees along the private street and landscaping along Brandon Road shall be installed per Chapter 8, including Section 8-8C-2-M(2) Street Trees. 5. The property with the approved Preliminary Plat shall be satisfactorily weed abated, preventing a public nuisance, per Star City Code. ---PAGE BREAK--- INSPIRADO SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT FILE # AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 27 6. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 7. Pressurized irrigation systems shall comply with the Irrigation District(s) and the City of Star Codes. Plans for pressurized irrigation systems shall be submitted to, and approved by the City of Star Engineer, prior to installation. 8. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 9. A copy of the CC&R’s shall be submitted to the City of Star at Final Plat. 10. A letter from Ada County shall be provided approving the street names in the development and all names shall be reflected correctly on all pages of the final plat, before the mylar will be signed. 11. A letter from the US Postal Service shall be given to the City at Final Plat stating the subdivision is in compliance with the Postal Service. 12. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met, including annexation into the District. 13. 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, unless amended in the Development Agreement or CUP conditions. 14. 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. 15. All common areas shall be owned and maintained by the Homeowners Association. 16. 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. 17. A sign application is required for any subdivision signs. 18. Owner/Developer will agree to install a 2” (High Density Polyethylene) HDPE SDR-11 roll pipe in the shared utility trench to be used for future fiber optic and/or copper telecommunication cables. 19. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File Number AZ-21-09/DA-21-11/PUD-21-01/PP-21-12 for Inspirado Subdivision on 2021. ---PAGE BREAK--- July 29, 2021 Shawn Nickel Planning and Zoning Administrator City of Star, Idaho via email: [EMAIL REDACTED] RE: Inspirado, StarPointe and Oaklawn Crossing developments Dear Shawn, The public hearings on the Inspirado, StarPointe and Oaklawn Crossing developments are currently scheduled for August 17, 2021. As you are aware, we are still waiting on ITD’s and ACHD’s review of a traffic impact study (“TIS”) for the Inspirado development. To avoid further delay for the Oaklawn and StarPointe projects, we request that the City Council still hear those developments on August 17th as scheduled. StarPointe and Oaklawn Crossing are independent developments and they are ready to proceed in accordance with Star’s recently updated Comprehensive Plan. No TIS is required on either the StarPointe or Oaklawn Crossing developments. We also request the City Council continue to consider a portion of the Inspirado applications on August 17th – just the annexation/zoning, coupled with a development agreement that restricts any development on the site until the PUD and subdivision application can later be considered by the Council. Inspirado annexation is necessary to create an annexation path for StarPointe and Oaklawn Crossing. The Inspirado property also provides support for Star Sewer and Water District’s extension of utilities through this area, including by providing land for a needed water campus to serve the larger area with a higher-elevation water tank. We understand and support the City’s desires to have the transportation agencies’ comments on the TIS before considering specific development approvals on the Inspirado property. To accomplish this, we propose that any annexation and zoning be accompanied by a binding development agreement on the property providing that no development shall occur on the property until such time as the PUD and subdivision applications are approved by the Star City Council after a public hearing. The development agreement would further provide that the zoning is contingent upon Council’s approval of the PUD and subdivision. This will all occur after ITD and ACHD have an opportunity to provide comments on the TIS to the City. Thank you for considering this proposed solution to allow the StarPointe and Oaklawn Crossing developments to be considered without further delay. Sincerely, Deborah Nelson ---PAGE BREAK--- ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 1 April 1, 2021 Shawn Nickel City of Star Planning Director and Zoning Administrator 10769 W. State Street, Star, ID 83669 Re: Inspirado – Annexation, Rezone, Planned Unit Development, Preliminary Plat Dear Shawn, On behalf of Antonov Star Holdings, LLC, we are pleased to present you with the complete applications addressing the annexation, preliminary plat and rezone request from RUT to R-3-PUD, MU-PUD and C-2 PUD, associated with Ada County Assessor parcel S0420325855, S0420325800, S0420336300, S0420315200, S0420336500 and S0420428200. This application will be submitted as a Planned Unit Development (PUD) to allow for the development of a unique mixed-use community, referred to as Inspirado, located on approximately 124.07 acres at the northeast corner of Star Road and Chinden Boulevard/US 26. After on-going coordination with City of Star planning staff and local neighbors, considering the City’s recent Comprehensive Plan Update and Zoning Code, our planning and development team has thoughtfully designed the Inspirado mixed-use development to include 195 single-family residential lots, 2 high-density residential lots, 24 common lots, 5 mixed-use lots and 1 commercial lot. The single-family residential portion of the development provides roughly 16% of its total area to open space with a large central amenity area and enhanced passive open space areas. The following narrative and supporting documents have been prepared for your review and approval. It should be noted that this developer is not only looking to create a high-quality community at Inspirado, but is also bringing forward the annexation, rezoning and development plans for the neighboring StarPointe and Oaklawn Crossing communities. This investment within the City of Star is a unique opportunity to take a wholistic approach to the planning of almost 180 acres located within this prime growth area. Having the ability to create compatible developments that take in the consideration of varying topography, access and property sizes all while ensuring a balance of housing types, mixture of uses, and a high-quality character, will be a benefit to the developments themselves and the City of Star. Thank you for your time and consideration. We believe that Inspirado will be a one-of-a-kind addition to the City of Star that will complement existing growth and provide new opportunities within the surrounding neighborhoods and area. Please feel free to contact us if you have any questions or require additional information. Sincerely, Deborah Nelson Keith Nichter Partner Planning Manager ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 2 PROJECT OVERVIEW Inspirado is located on approximately 124.07 acres located, within unincorporated Ada County and the City of Star’s Area of City Impact, at the northeast corner of Star Road and Chinden Boulevard/US 26. The subject Property and the surrounding parcels in this area are zoned Rural-Urban Transition (RUT) within the County. In addition to the coordinated annexation, the project team is requesting a concurrent preliminary plat and zoning of the property to R-3/MU and C-2-PUD to be consistent with the recently approved City initiated Comprehensive Plan update. The residential (R-3 PUD) portion of the property will include 195 single-family detached residential lots on 66.80 acres, allowing for a mix of patio homes, custom homes and luxury homes with varying widths ranging from 50’-90’ and depths ranging from 110’-140’ and 24 common lots to include community open space and amenities to be owned and maintained by a community homeowners association (HOA). The remaining acres include 5 mixed- use (MU) lots, 2 high density residential (R-3) lots and 1 commercial (C-2) lot. Figure 1. Vicinity Map CONFORMANCE TO THE COMPREHENSIVE PLAN The updated City of Star Comprehensive Plan (December 2020) sets the stage for the Inspirado mixed-use development with the future land use designations of Neighborhood Residential, Mixed-Use and Commercial, as seen in Figure 2. City of Star Comprehensive Plan Future Land Use Map. . Specifically, the Neighborhood Residential designation is “suitable primarily for single family residential use” with an acceptable density range of 3.01-5 units per acre while Mixed-Use and Commercial are “suitable for a mixture of uses” and a “wide range of commercial activities including offices, retail, and service establishments.” ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 3 These land use designations, as defined in the Comprehensive Plan, serve as a planning tool to assist the City in sustaining a reasonable growth and development pattern. Inspirado identifies these land use patterns consistent with the goals of the City of Star. With this direction, Inspirado has taken the following steps to ensure compatibility with the Comprehensive Plan and the following goals. Figure 2. City of Star Comprehensive Plan Future Land Use Map 5.3 Goal: Manage population growth consistent with community goals and objectives as expressed within the Comprehensive Plan. Enhance the quality and character of the community while providing and improving amenities and services. Response: Inspirado looks to implement a plan with a variety of housing opportunities for differing population needs. This variety can be seen through a range of products and lot sizes, ranging from large‐lot residential, custom homes, patio homes and multi‐family uses. 7.3 Goal: Enhance and develop Star’s economy which will build a stronger community. ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 4 Response: Inspirado will provide a mixture of uses including commercial, service, and residential developments all within one carefully designed and themed community. This will be a place where future residents truly can live, work and play with a focus on pedestrian connectivity to encourage walking. Consistent with the Comprehensive Plan, Inspirado will concentrate appropriate commercial and office development onto relatively small amounts of land, along the main thoroughfares; and surrounded by housing and future consumers to help support these future commercial uses. The residential portion of Inspirado strengthens the market and generates investment momentum for the commercial development. “Residents need to have employment opportunities as well as a diverse choice of housing and retail services to maintain the city as a vital community.” Star Comprehensive Plan. 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. Response: As mentioned above, Inspirado will be a true mixed-use community, allowing for a variety of housing and employment options. In addition, multiple large amenities including a community pool area, amenity structure, two pickleball courts, two bocce ball courts, children’s play area, tot-lot, shade ramadas, picnic tables and benches will all be centrally located to encourage walking and allow for community interactions and gatherings. These are key elements of both the Comprehensive Plan and the ongoing “South of the River” Sub Area Plan which is being developed by the City for the area planned to be the future downtown of Star and its future supporting periphery. Until the Sub Area Plan is adopted by the City, it has been determined that development will be permitted in accordance with the other sections of the Comprehensive Plan. Inspirado has been proactive to incorporate elements from the Sub Area Plan, to ensure compatibility, including the location of residential development along the bench that is separated from Chinden Blvd. by a curvilinear collector roadway, which provides connectivity and acts as a buffer to the mix of uses along the property’s busy frontages. Additionally, Inspirado will provide regional pedestrian connectivity along the proposed internal collector alignment, in the form of a shaded detached trail, to help facilitate an active community core and support the future mix of uses. 15.3 Goal: Encourage diverse developments that provide a mix of housing types and products and, where possible, an assortment of amenities within walking distance of residential development. Response: With a mix of single-family and multi-family residential on a range of lot sizes, Inspirado allows for an opportunity to develop a wide variety of housing ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 5 types, built around a central amenity, offering choices for all range of income groups and family sizes from young professionals to larger families to empty nesters. Inspirado will support the development of multi-family housing, incorporated within the proposed mixed-use parcels, to be close to transportation, employment and shopping areas and act as a transition between single-family housing and adjacent commercial and potential office uses. 18.3 Goal: The Star Comprehensive Plan and related ordinances are to be working documents used by citizens and city leaders to shape the future of Star. Response: The Planned Unit Development Ordinance (PUD) is one of many ways provided by the City to implement the Comprehensive Plan. Inspirado looks to incorporate the allowed variations in development requirements, subject to approval, to encourage the innovative development to address the growing demands of the community. These PUD regulations will encourage the conservation and more efficient use of open spaces and consistency in the development type and character of the proposed mixed of uses. APPLICATIONS The Inspirado project team has had on-going dialogue with the City of Star in regards to this Property, throughout the last year and through the City’s Comprehensive Plan update process, which included two pre-application conferences to discuss these proposals conducted on May 20, 2020 and February 18, 2021. A neighborhood meeting was held June 3rd, 2020 at the Star Community Church Meeting Room. The project team understands the importance that all citizen outreach and input plays in the development process. We are committed to encouraging and allowing residents and neighbors to express their questions and concerns, throughout the application process. ANNEXATION The Inspirado project team been working with the City of Star on a City-wide annexation path, from the existing Stonebriar subdivision to the northeast and through private property adjacent to Inspirado all of which provide a continuous path of annexation into the City of Star. A legal description has been prepared for the annexation (Appendix A) and the project team will continue to work with the City to solidify the annexation path throughout these approvals. Accompanying this annexation, Inspirado also seeks approval of a Planned Unit Development, to include the proposed concept ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 6 plan (Appendix B) and some minor proposed deviations to the base development standards (Figure Inspirado plans to adhere to the C-2 and MU district dimensional standards along with the majority of the required R-3 standards. The proposed deviations will allow for modified side yard setbacks, providing consistency among the varying lot types, and the clarification of the proposed 5’ side yard setbacks adjacent to the street where the project proposes common landscape tracts. Zoning District Maximum Height Note Conditions Front Rear Interior Side Street Side R-3 35’ 15’ to Living Area/ Side Load Garage 20’ Garage Face 15’ 5’ 5’ Per Story 20’ or 5’ Adjacent to a Common Area Strip R-3 Multi- Family 35’ For Multi-Family within R-3, limited to 10% of the gross area, all residential buildings shall follow the residential setbacks shown in Section 8-3A-4 of the Star City Code, based upon the proposed product type and project density. C-2 35’ 20’ 5’ 0’ 20’ MU 35’ For MU - unless otherwise approved by the Council as a part of a PUD or Development Agreement, all residential buildings shall follow the residential setbacks shown in this table based upon the project density and all other buildings shall follow setbacks for the C-2 zone Notes: 1. Front yard setback shall be measured from the face of the garage to the face of the sidewalk, allowing for 20 feet of parking on the driveway without overhang onto the sidewalk. 2. Interior side yard setbacks for lots with 50 feet or less of lot width shall be allowed 5 feet interior side yard setbacks for one and two-story structures. 3. All setbacks in the MU zone shall be a minimum 15 feet when adjacent to a residential use or zone. Figure 3. Amended Development Standards Additionally, consistent with Appendix C, Inspirado proposes deviations to Section 8-3A-3: Uses within Zoning Districts to incorporate modifications that will allow for multi-family development, limited in area, as a permitted use within R-3 and a conditional use within C-2. Within the R-3 development, multi-family will only be allowed within the identified high-density residential parcels (7.5 acres) up to a maximum of 10% of the overall gross R-3 zoning boundary. Also, within the MU district storage facilities will be permitted, consistent with the allowed C- 2 uses. These requested deviations to the base code will be justified through a higher quality of development as described in the required findings below. ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 7 8-7-5: REQUIRED FINDINGS: A. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. Response: Inspirado will be a high-quality development, as seen through its enhanced open spaces, monumentation, architectural character and site design. B. The planned unit development preserves the significant natural, scenic and/or historic features. Response: While no natural or historic features exist within the Inspirado boundaries, much focus has been given to the preservation of the Canal and its natural resources in its current alignment. Access will be provided over the canal to allow for proper spacing and connectivity to Star Road. Additionally, the scenic benefits of Inspirado’s location, along the bench, have been recognized in the location of view corridors and the placement of areas that allow public access to ensure those scenic views can be enjoyed by all. C. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. Response: The proposed uses are consistent with the Comprehensive Plan and are compatible with the proposed uses to the North (Neighborhood Residential and Central Business District), East (Commercial), South (Commercial) and West (Commercial and Neighborhood Residential). Additionally, no modifications to the perimeter standards of the proposed zoning categories, chosen from the Comprehensive Plan Zoning Compatibility Matrix, are proposed to ensure proper and adequate buffers to the property in the vicinity. D. The internal street, bike and pedestrian circulation system is designed for the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. Response: In order to promote an active community core, the central community collector will act as the main pedestrian and vehicular connector between the proposed mix of uses. Access corridors throughout the development will allow for safe and easy access to community amenities and future employment and commercial services. A detached pedestrian trail, with an 8’ parkway strip will set pedestrians ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 8 back from the adequate travel lanes while providing an opportunity for shade cover along the proposed tree lined streets. E. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. Response: The large 1.25-acre main central amenity will provide a convenient location for community engagement and gatherings amenities such as a community pool area, two pickleball courts, and two bocce ball courts. These areas will be surrounded by lush, attractive landscaping, and concrete pathways provide connectivity to multiple access points. Additional open spaces, including a 1-acre secondary amenity with a children’s play area, tot-lot, shade ramadas, picnic tables and benches, will provide alternative passive and recreational opportunities to cater to the preferences of the community residents. Overall, this additional enhanced open space and focus on pedestrian connectivity will make Inspirado a unique place to live, work and play. F. The proposal complies with the density and use standards requirements in accord with this title. Response: Inspirado has chosen proposed zoning categories the from Comprehensive Plan Zoning Compatibility Matrix that match the intent and densities of the Comprehensive Plan Land Use designations for this property. Perimeter dimensional standards will remain in place to ensure proper buffers and compatibility with the neighboring land uses and future development. G. The amenities provided are appropriate in number and scale to the proposed development. Response: The provided open space areas, including two 1+ acre parks, have been oversized to provide adequate opportunities for both recreational and passive amenities. These two main park areas will include amenities such as a community pool area, amenity structure, two pickleball courts, two bocce ball courts, children’s play area, tot-lot, shade ramadas, picnic tables and benches. H. The planned unit development is in conformance with the comprehensive plan. Response: Inspirado has been planned and coordinated with the City to ensure conformance with the recently approved Comprehensive Plan. Land uses, zoning categories and densities are consistent with the overall goal to create a unique mixed-use development. ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 9 ZONING Consistent with the City of Star Comprehensive Plan and the associated zoning compatibility matrix, Inspirado proposes three compatible zoning designations to accommodate this proposed distinct development. Inspirado is proposed to be developed as a Planned Unit Development with R-3 -PUD north of the internal collector, C-2 PUD located at the hard corner of the intersection at Star Road and Chinden Boulevard/US 26, and the remainder as MU-PUD along the Star Road and Chinden Boulevard/US 26 frontages. Consistent with the City of Star’s Future Land Use designations for the property, we believe that the proposed Inspirado rezoning fulfills the vision of the Comprehensive Plan and addresses a need for single-family residential and future mixed uses within the area. Figure 4. Existing Zoning Map Figure 5. Proposed Zoning Map ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 10 PRELIMINARY PLAT Annexation and zoning applications are accompanied by a concurrent preliminary plat application for the proposed single-family residential portion of the Inspirado development. The preliminary plat also designates the proposed multi-family, mixed-use and commercial development parcels. Consistent with the preliminary plat data below, the R-3 portion will consist of two high density residential lots, 195 single-family residential lots and 24 common lots containing the community open spaces and amenities. The five mixed-use lots and one commercial lot situated along the frontages of Chinden Boulevard and Star Road will allow for mixed-use and commercial development along with a generous open space buffer and an expansive pond adjacent to the residential parcel. Preliminary Plat Data Existing Zoning: RUT Proposed Zoning: R-3 PUD, MU PUD, C-2 PUD Gross Acreage: 124.07 Ac Gross Residential Acreage: 66.80 Ac Total Lots: 227 Common Lots: 24 Mixed Use Lots: 5 Commercial Lots:1 High Density Residential Lots:2 Single-Family Residential Lots: 195 Gross Density:1.57 du/ac Residential Gross Density: 2.92 du/ac Buffer Open Space: 2.35 Ac Common Open Space: 4.44 Ac Usable Open Space: 3.53 Ac Visual Natural Open Space: 0.34 Ac Total Open Space: 10.65 Ac (15.9% of Gross) Patio Home Minimum Width: 50' Custom Home Minimum Width: 70' Luxury Home Minimum Width: 75' Patio Home Minimum Area: 5,500 Sf Custom Home Minimum Area: 8,400 Sf Luxury Home Minimum Area: 9,750 Sf DEVELOPMENT PLAN Inspirado has been developed, consistent with the Comprehensive Plan, in the interest of advancing the City of Star’s growth goals and providing the public with additional high-quality residential, commercial and mixed-use opportunities. The community is well designed and will be constructed, operated, and maintained to be compatible and appealing in appearance while creating a great community in the City of Star. The proposed development will be a complementary addition to planned surrounding land uses. The current streets and planned future surrounding improvements are adequate and suitable to facilitate the anticipated traffic of this development and utility infrastructure is sufficient for the project. ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 11 The project team has been working with ITD, ACHD, and the City regarding traffic impact, access points and street standards, including alignment of the proposed collector roadway running east-west through the property and access points onto Star Road and Chinden Boulevard/US 26. The project team continue to work with the City and the transportation agencies to ensure proper access to support the commercial and mixed uses. All internal local streets will be 33’ from back of curb to back of curb within 50’ of public right-of-way. The collector roadway running east-west, and south to Chinden Boulevard/US 26 shall be 36’ from back of curb to back of curb within 68’ of public right-of-way. All proposed internal streets propose an 8’ parkway to create tree-lined streets and shaded walkways, creating a sense of arrival and character unique to Inspirado. Additional enhanced character will be created through the enforcement of community wide architectural and landscape standards. Quality development will be enforced through the development of structures, buildings, sites, and neighborhoods in a manner that results in a built environment that will endure as an asset to the community for future generations. ARCHITECTURAL ELEMENTS & SINGLE-FAMILY HOUSING The architecture style of Inspirado, consistent with the character images below, will largely be a mix of contemporary forms and modern styles. An elegant and plentiful blend of materials ranging from stone to stucco and board-and-batten siding materials are planned with stylish natural colors. Figure 6. Patio Home Character Images ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 12 With a variety of housing types, the proposed Patio Homes will offer a smaller single- family residential option on a wide lot with a range of home sizes from 1,500- 3,000 square feet. Similar to the homes in the surrounding new developments, heights will be restricted to two-stories and a maximum building height of 35 feet. Custom home sites generally will offer a larger single-family residential option on a wide lot with a range of home sizes from 2,000-4,000 square feet. Similarly, heights will be restricted to two-stories and a maximum building height of 35 feet. Figure 7. Custom Homes Character Images Luxury home sites will offer the largest single-family residential option within Inspirado, on a +/-75’-90’ wide lot with a range of home sizes from 2,000-4,000 square feet. Heights here will also be restricted to two-stories and a maximum building height of 35 feet. ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 13 Figure 8. Luxury Homes Character Images Multi-Family development should promote a walkable, healthy neighborhood by engaging the street, offering sidewalks and pedestrian paths, and using attractive design that reflects the scale and character of adjacent buildings. Figure 9. Multi-Family Character ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 14 Commercial and mixed-use development within Inspirado will reduce reliance on automobiles, emphasize accessibility including pedestrian and bicycle connectivity and contribute to the creation of a sense of place to be both attractive and engaging. Commercial and mixed-use development will consider building design that is pedestrian in scale with the goal of creating identifiable places that enhance the character of the City of Star and incorporate sustainable principles that will allow Inspirado to flourish for years to come. Figure 10. Commercial Building Character Images ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 15 Figure 10b. Commercial Building Character Images cont. PROJECT AMENITIES AND OPEN SPACE The Inspirado Subdivision is planned to incorporate an appealing and extensive amenity package that will provide connectivity and many recreation opportunities within the community. At the major entry off of Star Road, residents are greeted with a large entry monument of cascading water over boulders into a receiving pond. A tree lined entry drive follows with multiple entries into the community itself. The community offers an abundance of open space. Overall, the development has over 15% of the required open space. Of the community open space, 33% is designated as usable and 67% is designated as passive. A variety of active open spaces and amenities are provided. The central amenity space offers a community pool area with plenty of opportunities to gather and socialize. Additionally, two pickleball courts and ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 16 two bocce ball courts are provided for active group play. The central amenity space is surrounded by lush, attractive landscaping, and concrete pathways provide connectivity to multiple access points. A second amenity space provides a children’s play area with structured tot lot, adjacent shade ramada, picnic tables and benches. The amenities selected are customized to current homebuyer preferences and contribute to creating a sense of community and quality of life amongst the future residents. Figure 11. Amenity Examples and Character Imagery ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 17 Figure 11b. Amenity Examples and Character Imagery ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 18 Figure 12. Open Space Plan SERVICES Inspirado is located within the West Ada School District. Inspirado is serviced by Star Elementary, Star Middle School, Eagle High School and Owyhee High School, which is planned to open in August of 2021. The local police department is located at City Hall and the Ada County Sheriff’s Department pays a proportionate share of the cost of the relevant facilities. The Star Fire District has one fire station currently located nearby at 11665 W. State Street. Also, within the planning area Star Fire District has a second station located at the northwest corner of Highway 44 and Kingsbury Road. UTILITIES Water and sewer service for the project is provided by Star Sewer Water District (SSWD). Water and sewer facilities in Star Road and Joplin Road - including a lift station on the north side of Joplin Road near the northwest corner of the project - are under construction by SSWD and will extend water and sewer service to the project site. This project will connect to an existing 21-inch sewer stub in Joplin Road and an existing 12-inch water stub at the Star Road and Joplin Road intersection. IRRIGATION Irrigation service for the project is provided Nampa Meridian Irrigation District via the Creason Lateral. Presently, the lateral runs northwesterly across the site and is piped to maintain service. ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 19 DRAINAGE Stormwater runoff is routed through the streets to multiple collection points across the site. Seepage beds or infiltration basins and forebays is provided at each concentration point for water treatment - see AHCD BMP-11. CONCLUSION The Inspirado mixed-use development will produce an attractive & well-designed community to the area. The development will provide a blend of appealing single- family homes, essential mixed-use and commercial opportunities, and substantial open space areas capturing the amazing views along the bench and the prime commercial corner. The proposed Planned Unit Development and R-3 PUD, MU-PUD and C-2 PUD zoning classifications align with the City’s goals and the planned growth. The site’s open spaces and amenities work together to create an active and interconnected community. Our design team has carefully considered the input of existing neighbors and service providers and believe with these positive characteristics, approval of the Inspirado mixed-use development is in the best interests of the City. Accordingly, the developer and design team respectfully request your approval of the annexation, rezone and preliminary plat applications for Inspirado. Thank you for your time and consideration. We look forward to working with the City of Star on the execution and deliverance of this high-quality project. Please feel free to contact us if you have any questions or require additional information. Sincerely, Deborah Nelson Keith Nichter Partner Planning Manager ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 20 APPENDIX A: ANNEXATION LEGAL DESCRIPTION ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 21 APPENDIX B: CONCEPTUAL SITE PLAN ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 22 APPENDIX C: ZONING DISTRICT USES The following table lists principal permitted accessory uses conditional or prohibited uses. ZONING DISTRICT USES R-3 C-2 MU Accessory structure - residential or commercial A A C/P Adult business/adult entertainment N N N Agriculture, forestry, fishing N N N Airport N N N Animal care facility1 N P C Artist studio1 N P P Arts, entertainment, recreation facility1 N P C Asphalt plant1 N N N Auction facility N C C Automated Teller Machine (ATM)1 N A A Automotive hobby1 A N A Automotive mechanical/ electrical repair and maintenance N P C Bakery - retail or manufacturing N P P/C Bar/tavern/lounge/ drinking establishment N P C Barbershop/styling salon N P P Bed and breakfast N P C Beverage bottling plant N N N Boarding house C N C Brewery/Distillery N P C Brewpub/wine tasting N P C Building material, garden equipment and supplies N P C Campground/RV park1 N N C Caretaker unit1 A A A Cement or clay products manufacturing N N N Cemetery1 N N N Chemical manufacturing plant1 N N N Child care center (more than 12)1 N C C ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 23 ZONING DISTRICT USES R-3 C-2 MU Child care family (6 or fewer)1 A A A Child care group (7-12)1 C C C Child care- preschool/early learning1 C C C Church or place of religious worship1 C P P Civic, social or fraternal organizations N P C Concrete batch plant1 N N N Conference/ convention center N P C Contractor’s yard or shop1 N N N Convenience store N P C Dairy farm N N N Drive-through establishment/drive-up service window1 N P C Dwelling: Multi-family1 P C2 C N3 C3 Secondary1 A N C Single-family attached P C N3 C3 Single-family detached P N C Two-family duplex P C N3 C3 Live/work multi-use1 N C N3 C3 Educational institution, private C C C Educational institution, public C C C Equipment rental, sales, and services N P C Events center, public or private (indoor/outdoor) N C C Fabrication shop N P N Farm N N N Farmers’ or Saturday market N C C Feedlot N N N Financial institution N P C Fireworks stands N P P Flammable substance storage N N N Flex space N P C Food products processing N C N Fracking N N N ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 24 ZONING DISTRICT USES R-3 C-2 MU Gasoline, fueling and charging station with or without convenience store1 N P C Golf course C C C Government office N P C Greenhouse, private A N A Greenhouse, commercial N P C Guesthouse/granny flat C N C Healthcare and social services N P C Heliport N N N Home occupation1 A N A Hospital N P C Hotel/motel N P C Ice manufacturing plant N N N Industry, information N P C Institution N P C Junkyard N N N Kennel N C C Laboratory N P C Laboratory, medical N P C Lagoon N N N Laundromat N P P Laundry and dry cleaning N P C Library N P N Manufactured home1 P N C Manufactured home park1 C N N Manufacturing plant N C N Meatpacking plant N N N Medical clinic N P P Mining, pit or quarry (excluding accessory pit)1 N N N Mining, pit or quarry (for accessory pit)1 A A A Mortuary N P C Museum N P P Nursery, garden center and farm supply N P C ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 25 ZONING DISTRICT USES R-3 C-2 MU Nursing or residential care facility1 C P C Office security facility N P C Parking lot/parking garage (commercial) N C C Parks, public and private P P P Pawnshop N P P Personal and professional services N P P Pharmacy N P P Photographic studio N P P Portable classroom/modular building (for private and public educational institutions) C C C Power plant N N N Processing plant N N N Professional offices N P C Public infrastructure; public utility major, minor and yard1 C C C Public utility yard N C N Recreational vehicle dump station N C A Recycling center N C N Research activities N P C Restaurant N P C Retail store/retail services N P C Retirement home C N C Riding arena or stable, private/commercial C/ N N N Salvage yard N N N Sand and gravel yard N N N Service building N P C Shooting range (indoor/outdoor) N C/ N C/ N Shopping center N P C Short term rentals1 A N A Solid waste transfer station N N N Storage facility, outdoor (commercial)1 N P P C Storage facility, self-service (commercial)1 N P P C Swimming pool, commercial/public N P P ---PAGE BREAK--- INSPIRADO MIXED-USE DEVELOPMENT 26 ZONING DISTRICT USES R-3 C-2 MU Television station N C C Temporary living quarters1 C N N Terminal, freight or truck1 N C N Truck stop N C C Turf farm N N N Vehicle emission testing1 N P C Vehicle impound yard1 N N N Vehicle repair, major1 N P C Vehicle repair, minor1 N P C Vehicle sales or rental and service1 N P C Vehicle washing facility1 N P C Vehicle wrecking, junk or salvage yard1 N N N Veterinarian office N P C Vineyard N N C Warehouse and storage N P C Wholesale sales N P C Winery N C C Wireless communication facility1 C C C Woodworking shop N P N Notes: 1. Indicates uses that are subject to specific use standards in accord with chapter 5 of this title. 2. Non-single-family detached residential dwellings will be limited to a maximum of 10% of the subject gross R-3 development parcel. 3. Conditional residential uses will be limited to a maximum of 25% of the subject gross development parcel. ---PAGE BREAK--- City of Star P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] Preliminary Plat Application Form #520 Rev 2-2021 Page 1 of 13 ***All information must be filled out to be processed. Applicant Information: PRIMARY CONTACT IS: Applicant Owner Representative Applicant Name: Applicant Address: Zip: Phone: Email: Owner Name: Owner Address: Zip: Phone: Email: Representative architect, engineer, developer): Contact: Firm Name: Address: Zip: Phone: Email: Property Information: Subdivision Name: Site Location: Approved Zoning Designation of Site: Parcel Number(s): Zoning Designations: Zoning Designation Comp Plan Designation Land Use Existing Proposed North of site South of site East of site West of site PRELIMINARY PLAT APPLICATION FILE NO.: Date Application Received: Fee Paid: Processed by: City:  Antov Star Holdings, LLC 7629 E Pinnacle Peak Road #110, Scottsdale, AZ 85255 (480) 401-0800 [EMAIL REDACTED] Antov Star Holdings, LLC 7629 E Pinnacle Peak Road #110, Scottsdale, AZ 85255 (480) 401-0800 [EMAIL REDACTED] Teller Bard Kimley-Horn & Associates 950 W Bannock Street, Suite 1100, Boise, Idaho 83702 (208) 297-2885 [EMAIL REDACTED] Inspirado NEC of the Chinden Boulevard & Star Road intersection PUD S0420336300, S0420336500, S0420315200, S0420428200 RUT Residential/Commercial/Mixed Use Agricultural PUD Residential/Commercial/Mixed Use Residential & Commercial RUT Central Business/Residential Agricultural RUT Commercial Agricultural RUT Commercial Agricultural RUT Residential/Commercial Agricultural ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 2 of 13 SITE DATA: FLOOD ZONE DATA: (This Info Must Be Filled Out Completely Prior to Acceptance): Total Acreage of Site in Special Flood Hazard Area - a. A note must be provided on the final plat documenting the current flood zone in which the property or properties are located. The boundary line must be drawn on the plat in situations where two or more flood zones intersect over the property or properties being surveyed. b. FEMA FIRM panel(s): etc.: FIRM effective date(s): mm/dd/year Flood Zone(s): Zone X, Zone A, Zone AE, Zone AH, etc.: Base Flood Elevation(s): ft., etc.: c. Flood Zones are subject to change by FEMA and all land within a floodplain is regulated by Chapter 10 of the Star City Code. Public Streets - Private Streets - Describe Pedestrian Walkways (location, width, material) - Describe Bike Paths (location, width, material) - Total Acreage of Site - Breakdown of Acreage of Land in Contiguous Ownership - Total Acreage of Site in Special Flood Hazard Area - Dwelling Units per Gross Acre - Minimum Lot Size - Minimum Lot Width - Total Number of Lots - Residential - Commercial - Industrial - Common - Total Number of Units - Single-family - Duplex - Multi-family - Percent of Site and Total Acreage of Common Area - / Percent of Common Space to be used for drainage - Describe Common Space Areas (amenities, landscaping, structures, etc.) - Proposed Dedicated Lots & Acreage (school, parks, etc): 124.07 124.07 0 1.57 DU/AC 5,500 SF 50' 227 195 195 195 8 0 24 20.1 13.42 0.78% Swimming pool with clubhouse, pathways, pickleball courts, tot lot, picnic areas. N/A 16,565 0 Primarily concrete pathways meandering through open space and along all roadway. N/A 0 AC 16001C0140J 06/19/2020 Zone X N/A ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 3 of 13 d. Please see link for help with FEMA information e. All maps will delineate flood plain lines. PUBLIC SERVICES (Describe what services are available and agency providing service): Potable Water - Irrigation Water- Sanitary Sewer- Fire Protection - Schools - Roads - SPECIAL ON-SITE FEATURES (Yes or No – If yes explain in your narrative): Areas of Critical Environmental Concern - Floodplain - Evidence of Erosion - Fish Habitat - Historical Assets - Mature Trees - Riparian Vegetation - Steep Slopes - Stream/Creek - Unstable Soils - Unique Animal Life - Unique Plant Life - Application Requirements: (Applications are required to contain one copy of the following unless otherwise noted. When combining with other applications (Annexation, CUP, etc.) please include one paper copy for all applications) Applicant Description Staff Pre-application meeting with Planning Department required prior to neighborhood meeting. Copy of neighborhood meeting notice sent to property owners within 300 feet and meeting sign-in sheet. (Please contact the City for addresses & labels) (Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application.) Completed and signed Preliminary Plat Application Fee: Please contact the City for current fee. Fees may be paid in person with check or electronically with credit card. Please call City for electronic payment. Additional service fee will apply to all electronic payments. Narrative explaining the project. (must be signed by applicant) Legal description of the property (word.doc and pdf version with engineer’s seal) Recorded warranty deed for the subject property If the signature on this application is not the owner of the property, an original notarized statement (affidavit of legal interest) from the owner stating the applicant is authorized to submit this application. Approval of the proposed subdivision name from Ada County Surveyor’s office. One 8½” X 11” copy and electronic copy in pdf. format of vicinity map showing the location of the subject property One full-size copy and one 11” X 17” copy of the Preliminary Plat Electronic copy in pdf. format of Preliminary Plat One full-size copy and one 11” X 17” copy of the landscape plan Electronic copy in pdf. format of landscape plan Electronic copy in pdf. format of preliminary site grading & drainage plans Phasing plan shall be included in the application if the project is to be phased. Star Sewer & Water District Creason Lateral, Boise Project, Boise Kuna, Nampa & Meridian Star Sewer & Water District Star Fire West Ada School District ACHD No No No No No No No No Yes, Creason Lateral No No No X X X X X X X X X X X X X X X X ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 4 of 13 Letter of authorization from the local Post Office approving mailbox delivery to subdivision including location(s) of mailbox clusters. Locations shall be indicated on Preliminary Plat. List of name(s) and addresses of all canal or irrigation ditches within or contiguous to the proposed development. One copy of names and addresses printed on address labels, of property owners within three hundred feet (300’) of the external boundaries of the property being considered as shown on record in the County Assessor’s office. Please contact the City to request addresses and labels. Site report of the highest seasonal groundwater elevation prepared by a registered soils scientist. (If requested by City Engineer) Special Flood Information – Must be included on Preliminary Plat and Application form. One 8½” X 11” copy and electronic copy in pdf format of streetlight design and location information. Streetlights shall meet all City “Dark Sky” requirements. Written confirmation that a traffic impact study is not required and/or has been submitted for review to Ada County Highway District/Canyon Highway District No. 4/Idaho Transportation Department (if applicable). One copy of the Electronic versions of submitted application including neighborhood meeting information, signed application, narrative, legal description, warranty deed, vicinity map, preliminary plat, landscape plan, preliminary site grading & drainage plans, irrigation district information, streetlight design & location, confirmation of a traffic impact study shall be submitted in original pdf format (no scans for preliminary plat, landscape plans or grading and drainage plans) on a thumb drive only (no discs) with the files named with project name and plan type. We encourage you to also submit a colored version of the preliminary plat and/or landscape plan for presentation purposes prior to City Council. Signed Certification of Posting with pictures. (see attached posting requirements and certification form) – To be completed by application after acceptance of application. Staff will notify applicant of hearing and posting date. Property shall be annexed into Star Sewer and Water District prior to Final Plat approval. Please contact SSWD for details. FEE REQUIREMENT: I have read and understand the above requirements. I further understand fees will be collected at the time of filing an application. I understand that there may be other fees associated with this application incurred by the City in obtaining reviews or referrals by architect, engineering, or other professionals necessary to enable the City to expedite this application. I understand that I, as the applicant, am responsible for all payments to the City of Star. Applicant/Representative Signature Date X X X X X X X X X X ---PAGE BREAK--- 1 2 3 4 5 7 6 CITY OF STAR CURRENT BOUNDARY CITY OF STAR CURRENT BOUNDARY CITY OF MERIDIAN CURRENT BOUNDARY INSPIRADO PROJECT BOUNDARY C. & H. PROPERTY PROJECT BOUNDARY LANE PROPERTY PROJECT BOUNDARY STAR ROAD HWY 16 HWY 20/26 (CHINDEN BLVD) JOPLIN ROAD ANNEXATION PATH 1 BOUNDARY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 16 19 ANNEXATION PATH 2 BOUNDARY 9 18 8 17 N 0' 250' 500' 1000' ADA COUNTY PROJECTS ADA COUNTY, ID ANNEXATION PATH EXHIBIT 01/11/2021 I SCALE: 1"=500' ---PAGE BREAK--- ADA COUNTY, IDAHO APRIL 2021 INSPIRADO SITE DATA PARCEL S0420336300, S0420315200, S0420428200 GROSS AREA: 124.07 ACRES NET AREA: 66.8 ACRES EXISTING ZONING: RUT PROPOSED ZONING: PUD PROPOSED LOT COUNT: 195 PROPOSED OPEN SPACE: 10.65 ACRES THIS PLAN IS FOR CONCEPTUAL PURPOSED ONLY & REQUIRES DETAILED SITE PLANNING, ENGINEERING & CITY/ COUNTY APPROVALS. ACREAGE & DENSITY IS ESTIMATED. LANDSCAPING/AMENITY DESIGN IS ILLUSTRATIVE ONLY. 125 250 62.5 PRELIMINARY LANDSCAPE PLAN ---PAGE BREAK--- ADA COUNTY, IDAHO APRIL 2021 INSPIRADO PRELIMINARY ENGLARGEMENTS ---PAGE BREAK--- (SECTION A) STANDARD LOCAL N.T.S. (SECTION D) COLLECTOR ROAD N.T.S. (SECTION B) STAR ROAD LOOKING NORTH N.T.S. (SECTION C) EXISTING CHINDEN BOULEVARD N.T.S. PRELIMINARY PLAT A PORTION OF THE S 1 2 OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 1 WEST ADA COUNTY, IDAHO CIVIL ENGINEER LAND SURVEYOR OWNER/DEVELOPER VICINITY MAP PRELIMINARY PLAT DATA LEGEND INSPIRADO LEGAL DESCRIPTION ” PRELIMINARY PLAT NOTES INSPIRADO SHEET INDEX SHEET NUMBER SHEET TITLE ---PAGE BREAK--- APN: S0419449300 APN: S0419449020 APN: S0420314900 APN: S0419417750 APN: S0420325855 APN: S0420335750 CHINDEN BOULEVARD STAR ROAD CANAL NORTH MATCHLINE SEE SHEET 03 ---PAGE BREAK--- APN: S0420417500 APN: S0420449205 APN: S0420438800 APN: S0420438905 APN: S0420438700 APN: S0420438610 APN: S0420438610 APN: S0420347000 APN: S0420347100 APN: S0420314900 OLD SCHOOL ROAD CANAL CHINDEN BOULEVARD NORTH MATCHLINE SEE SHEET 02 ---PAGE BREAK--- APN: S0419449300 APN: S0419449020 APN: S0420314900 APN: S0419417750 APN: S0420325855 APN: S0420335750 APN: S0420314 CHINDEN BOULEVARD STAR ROAD CANAL 11 14 13 7 16 22 23 19 18 20 21 2 10 9 8 5 6 4 3 1 15 17 12 13 9 8 2 4 7 6 14 16 3 12 5 11 15 10 2 9 3 6 4 7 11 14 12 15 13 5 10 1 8 1 11 8 2 12 9 10 8 9 1 32 24 31 38 30 37 29 36 28 35 27 34 26 33 25 9 33 7 43 31 1 6 39 30 14 5 38 44 29 13 4 37 45 52 28 12 3 36 46 27 11 2 35 47 54 26 10 1 34 48 41 8 32 40 49 6 7 3 4 5 42 51 50 BLOCK 11 BLOCK 11 1 1 3 2 8 6 5 4 7 1 55 BLOCK 1 53 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 BLOCK 5 BLOCK 9 ROAD 1 ROAD 2 ROAD 3 ROAD 4 ROAD 5 ROAD 8 ROAD 9 ROAD 11 ROAD 10 ROAD 12 ROAD 13 A C D B D A A BLOCK 10 1 2 3 4 5 MATCHLINE SEE SHEET 05 NORTH ---PAGE BREAK--- APN: S0420314900 APN: S0420417500 APN: S0420449205 APN: S0420438800 APN: S0420438905 APN: S0420438700 APN: S0420438610 APN: S0420438610 APN: S0420347000 APN: S0420347100 APN: S0420314900 OLD SCHOOL DRIVE CANAL 52 1 11 8 2 12 9 10 6 7 2 8 3 4 9 1 5 9 11 17 5 1 16 20 7 2 12 8 4 21 18 13 15 19 10 1 2 6 4 3 5 48 40 47 39 46 38 45 37 44 36 51 43 35 50 42 49 41 60 53 61 54 62 55 63 56 64 57 65 58 66 59 67 25 24 31 23 15 30 22 14 29 21 13 28 20 12 27 19 11 26 18 10 17 16 6 7 3 4 5 3 14 BLOCK 11 BLOCK 11 BLOCK 12 11 18 3 2 13 8 15 14 6 9 10 5 12 4 17 7 16 6 BLOCK 1 BLOCK 2 BLOCK 5 BLOCK 5 BLOCK 6 BLOCK 7 BLOCK 8 CHINDEN BOULEVARD BLOCK 9 BLOCK 9 BLOCK 1 ROAD 1 ROAD 2 ROAD 2 ROAD 4 ROAD 4 ROAD 5 ROAD 6 ROAD 7 ROAD 12 ROAD 13 ROAD 14 ROAD 15 ROAD 16 ROAD 19 ROAD 17 ROAD 18 C D D D A A A 5 6 1 MATCHLINE SEE SHEET 04 NORTH ---PAGE BREAK--- APN: S0419449300 APN: S0419449020 APN: S0420314900 APN: S0419417750 APN: S0420325855 APN: S0420335750 APN: S0420314 CHINDEN BOULEVARD STAR ROAD CANAL 11 14 13 7 16 22 23 19 18 20 21 2 10 9 8 5 6 4 3 1 15 17 12 13 9 8 2 4 7 6 14 16 3 12 5 11 15 10 2 9 3 6 4 7 11 14 12 15 13 5 10 1 8 1 11 8 2 12 9 10 8 9 1 32 24 31 38 30 37 29 36 28 35 27 34 26 33 25 9 33 7 43 31 1 6 39 30 14 5 38 44 29 13 4 37 45 52 28 12 3 36 46 53 27 11 2 35 47 54 26 10 1 34 48 41 8 32 40 49 6 7 3 4 5 42 51 50 3 2 4 5 1 3 2 8 6 5 4 7 1 1 55 1 BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 BLOCK 5 BLOCK 9 BLOCK 10 BLOCK 11 BLOCK 11 NORTH MATCHLINE SEE SHEET 06 ---PAGE BREAK--- APN: S0420314900 APN: S0420417500 APN: S0420449205 APN: S0420438800 APN: S0420438905 APN: S0420438700 APN: S0420438610 APN: S0420438610 APN: S0420347000 APN: S0420347100 APN: S0420314900 OLD SCHOOL DRIVE CANAL 52 1 11 8 2 12 9 10 6 7 2 8 3 4 9 1 5 9 11 17 5 1 16 20 7 2 12 8 4 21 18 13 15 19 10 1 2 6 4 3 5 48 40 47 39 46 38 45 37 44 36 51 43 35 50 42 4 49 41 60 53 61 54 62 55 63 56 64 57 65 58 66 59 67 25 24 31 23 15 30 22 14 29 21 13 28 20 12 27 19 11 26 18 10 17 16 6 7 3 4 5 3 14 5 6 11 18 3 2 13 8 15 14 6 9 10 5 12 4 17 7 16 6 1 BLOCK 2 BLOCK 5 BLOCK 5 BLOCK 7 BLOCK 8 BLOCK 9 BLOCK 9 BLOCK 1 BLOCK 1 BLOCK 11 BLOCK 11 BLOCK 12 NORTH MATCHLINE SEE SHEET 06 ---PAGE BREAK--- ---PAGE BREAK--- CHINDEN BOULEVARD STAR ROAD OLD SCHOOL DRIVE CANAL PHASE 1 PHASE 2 PHASE 3 PHASE 3 PHASE 4 1 ROAD 1 ROAD 1 ROAD 2 ROAD 2 ROAD 2 ROAD 3 ROAD 4 ROAD 4 ROAD 5 ROAD 5 ROAD 6 ROAD 7 ROAD 8 ROAD 9 ROAD 11 ROAD 10 ROAD 12 ROAD 13 ROAD 14 ROAD 15 ROAD 16 ROAD 19 ROAD 17 ROAD 18 APN: S0419449300 APN: S0419449020 APN: S0420314900 APN: S0420417500 APN: S0420449205 APN: S0420438800 APN: S0420438905 APN: S0420438700 APN: S0420438610 APN: S0420438610 APN: S0420347000 APN: S0420347100 APN: S0419417750 APN: S0420325855 APN: S0420335750 APN: S0420314900 PHASE 1 PHASE 2 PHASE 1 PHASE 2 PHASE 1 PHASE 2 PHASE 2 PHASE 1 PHASE 2 PHASE 3 PHASE 2 PHASE 3 PHASE 3 PHASE 2 PHASE 4 PHASE 4 PHASE 4 PHASE 3 PHASE 3 1 2 3 4 5 6 1 BLOCK 10 BLOCK 11 BLOCK 11 BLOCK 12 NORTH NOTE ---PAGE BREAK--- GROWING POSSIBILITIES 131 SW 5th Ave, Suite A Meridian, ID 83642 (208) 288-1992 203010-410 May 28, 2021 Mayor Trevor Chadwick City of Star P.O. Box 130 Star, ID 83669 Re: Inspirado Subdivision Preliminary Plat Application Dear Mayor: Keller Associates, Inc. has reviewed the Preliminary Plat for the Inspirado Subdivision dated April 16, 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. Many bearings listed in the legal description are not shown on the preliminary plat, including from the aluminum cap to the Real Point of Beginning. Please show all bearings on the plans. 2. Several bearings on the plans do not match those given in the legal description. Please rectify. Additionally, many bearings shown on the plans have opposite directions to those listed in the legal description (NE vs SW, etc.). Please rectify. 3. Street lights are required at every intersection, cul-de-sac, and road corner. Please add street lights to the end of all cul-de-sacs and road corners. 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. 4. No pressure irrigation plan is included. Please provide preliminary layout with the preliminary plat. Construction plans for a subdivision-wide pressure irrigation system will be required for each final plat. 5. Determination of front, rear, and side yard easement locations and widths cannot be deferred to the final plat; they must be included in the preliminary plat. 6. Several phase lines appear throughout the subdivision, but no phase numbers appear to be included. Please indicate phase numbers. 7. Note 7 of the preliminary plat references Star Water and Sewer District, this should be the Star Sewer and Water District. 8. Traffic impact study shall be completed and recommendations of the study shall be included in the preliminary plat prior to approval of the preliminary plat. 9. Applicant needs to explain proposed stormwater disposal plan for Star Road and Chinden Boulevard. 10. Tree species must meet the City of Boise acceptable species guidelines, for location within or adjacent to right-of-way, as adopted by Star City Code. ---PAGE BREAK--- ADA COUNTY DEVELOPMENT SERVICES 200 W. FRONT STREET, BOISE, IDAHO 83702-7300 PHONE (208) 287-7900 FAX (208) 287-7909 BUILDING • COMMUNITY PLANNING • ENGINEERING & SURVEYING • PERMITTING May 7, 2021 Shawn Nickel City of Star Planning & Zoning 10769 W State St Star, ID 83669 RE: AZ-21-09 / Northeast Corner of Star Rd & Chinden Blvd / Inspirado Subdivision Shawn, The City of Star has requested feedback regarding the proposed annexation and preliminary plat for the Inspirado Subdivision, which will consist of 195 single-family homes, 6 commercial lots and two multi-family lots on 124.1 acres located on the northeast corner of Star Road and Chinden Boulevard. Ada County supports the application due to its compatibility with the Star Comprehensive Plan, as adopted by Ada County, which designates the site as a mixture of Multiple Use 1, Multiple Use 2 and Medium Density Residential. The proposal to include single-family and multi-family housing within the development is supported by Multiple Use Policy 2, which encourages diverse housing types and densities, and the proposed mix of residential and commercial development is compatible with Multiple Use Policy 6 which encourages residential uses near commercial uses. The proposal to set aside 13.4 acres as common area, which will include a swimming pool, clubhouse, playground, picnic areas, pickleball courts and pathways, is also compatible with Residential Policy 3 of the Star Comprehensive Plan which encourages neighborhood parks and open spaces to be provided within residential areas. The streets connections which are proposed to the south, east and west are supported by Goal 4.3 of the Ada County Comprehensive Plan which supports the development of local transportation systems that are well-connected both internally and to the regional transportation system, and Goal 4.3d which calls for new developments to provide stub streets that will connect to future developments on adjacent lands wherever possible. The additional sidewalk connections provided with the stub streets are also supported by Transportation Policy 9 of the Star Comprehensive Plan which encourages non-motorized pathways between residential areas to reduce vehicle trips and improve access for non-drivers. It is suggested that a pedestrian pathway be considered along the Canal as encouraged by Goal 1.2d of the Ada County Comprehensive Plan, which supports the enhancement of manmade drainage ways as valuable resources for recreational pathways and potential pedestrian and bicycle routes. Also, as the property does not currently abut city limits, it is important that approval of the development and associated annexation be contingent upon the subject properties first becoming contiguous to city limits. ---PAGE BREAK--- Thank you for this opportunity to provide feedback. Sincerely, Brent Moore, MCMP, AICP Community & Regional Planner Ada County Development Services ---PAGE BREAK--- 203010-410 11. No easements are listed for Block 11 Lots 3 and 5, but these lots have drainage basins on them. Easements will be required for these basins. 12. Historic irrigation lateral, drain, and ditch flow patterns shall be maintained unless approved in writing by the local irrigation district or ditch company. 13. Potable water cannot be used for irrigation purposes. A separate pressure irrigation system will be required. 14. Finish grades at subdivision boundaries shall match existing finish grades. Runoff shall be maintained on subdivision property unless otherwise approved. 15. 10-foot easements for pressure irrigation lines will need to be shown once the applicant determines the alignment location(s) for the facilities. Show all ditch and drainage easements. 16. Easements for sewer/water facilities will be required where placed outside of public right of way. We recommend that the conditions 1–9 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--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Inspirado Subdivision DATE: August 9, 2021 TO: City of Star, Planning & Zoning FROM: Victor Islas, Deputy Chief SUBJECT: Fire District Review PROJECT NAME: Inspirado Subdivision (AZ-21-09, DA-21-11, PUD-21-01, PP-21-12) 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 4 miles with a travel time of 2 minutes under ideal driving conditions to the proposed entrance of the development off Star Rd. 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. 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 always maintain access for emergency vehicles. Hydrants shall always remain unobstructed per city code. One- or two-family dwelling residential developments: Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall provide with at least two separate and approved fire apparatus access roads. The fire district requires that Autoturn models be submitted for review. Autoturn models should be reflect the utilization of a 36’ long fire engine and a 50’ long ladder truck. Traffic calming devices will require approval by the Fire District. An unobstructed vertical clearance of no less than 13 feet 6 inches shall be maintained at all times. ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Inspirado Subdivision 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 ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Inspirado Subdivision Additional Comments: Side Setback as per City Code. Any modification to setback will require review and approval by the Fire District. 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. Additional review and permitting will be required for Primary Amenity center. ---PAGE BREAK--- May 14, 2021 By e-mail: [EMAIL REDACTED] City of Star P.O. Box 130 Star, Idaho 83669 Subject: Inspirado Subdivision, AZ-21-09, DA-21-11, PUD-21-01, PP-21-12 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 May 14, 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. ---PAGE BREAK--- Response to Request for Comment May 14, 2021 Page 3 • 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. • 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 ---PAGE BREAK--- Response to Request for Comment May 14, 2021 Page 4 • 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. 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. ---PAGE BREAK--- Response to Request for Comment May 14, 2021 Page 5 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#: 2021AEK91 ---PAGE BREAK--- ---PAGE BREAK--- July 1, 2021 City of Star P.O. Box 130 Star, ID 83669 RE: Inspirado Subdivision, PP-21-12 Dear Planners: Joint School District No. 2 (dba West Ada School District) has experienced significant and sustained growth in student enrollment during the last ten years. Applying our Student Generation Rate per SF dwelling unit, .1 per MF dwelling unit), to the Inspirado Subdivision we predict these homes, when completed, could house 137 school aged children. Approval of this development could affect enrollments at the following schools in West Ada District: West Ada School District supports economic growth. To meet the need for additional school capacity, West Ada School District will accept the donation of land appropriate for a school site. Passage of a bond issue will be required prior to the commencement of new school construction. Residents cannot be assured of attending the neighborhood school(s) as it may be necessary to bus students to available classrooms across the district. The safety of our students is our first and foremost priority. With this in mind, we ask that you encourage the developer to provide safe walkways, bike baths and pedestrian access for our students. School capacity and transportation is addressed in Idaho Code 67-6508 - future development will continue to have an impact on the district’s capacity. Sincerely, Marci Horner Planning and Development Administrator Enrolled for 21-22 Capacity Approved prelim plat parcels per attendance area Approved MF units per attendance area Pleasant View Elementary [PHONE REDACTED] 21 Star Middle School 804 1000 7611 278 Owyhee High School 1431 1800 5533 58 Galileo STEM Academy (K-8 school of choice) 760 775 N/A N/A ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, Planning Director and Zoning Administrator MEETING DATE: August 17, 2021 – PUBLIC HEARING FILE(S) AZ-21-07 Annexation and Zoning DA-21-09 Development Agreement PP-21-10 Preliminary Plat for Starpointe Subdivision OWNER/APPLICANT/REPRESENTATIVE Property Owner/Applicant Representative: W. West Development, LLC Teller Bard Criterion Land Management, LLC Kimley-Horn & Associates 7629 E. Pinnacle Peak Road, Ste. 110 950 W. Bannock Street, Ste. 1100 Scottsdale, AZ 85255 Boise, ID 83702 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning (R-3-DA), a Development Agreement, and Preliminary Plat for a proposed residential subdivision consisting of 71 residential lots and 13 common lots. The property is located at 6825 N. Star Road, 8405 W Joplin Road and 8755 W. Joplin Road in Star, Idaho and consists of 29.24 acres with a proposed density of 2.36 dwelling units per acre. PROPERTY INFORMATION Property Location: The subject property is generally located on the west side of N. Star Road between W. Chinden Blvd and W. Joplin Road. Ada County Parcel Numbers S0419428100, S0418417750 & S041942805. ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 2 Surrounding Land Use/Designations: Zoning Designation Comp Plan Designation Land Use Existing RUT (County) Neighborhood Residential Single Family Residential/Agriculture Proposed R-3-DA Neighborhood Residential Single Family Residential/Commercial North of site RUT (County) Neighborhood Residential Single Family Residential/Agriculture/ Proposed Oaklawn Crossing Subdivision South of site RUT (County) Commercial Single Family Residential/Agriculture East of site RUT (County) R-1 (County) CBD (Central Business District)/Neighborhood Residential Star Road/R.C. Bean Saddlery/Pasture Proposed Inspirado Subdivision (annexation path) West of site RUT (County) Neighborhood Residential Single Family Residential/Agriculture Existing Site Characteristics: The property currently has a home and outbuildings; the majority of the land is used as pasture. Irrigation/Drainage District(s): Eureka Water Company 6820 Joplin Road Meridian, ID 83646 Flood Zone: This property is currently located in Flood Zones X. FEMA FIRM Panels 16001C0120J & 16001C0140J. Effective Date: 6/19/2020 Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No evidence.  Fish Habitat – None.  Floodplain – No.  Mature Trees – None.  Riparian Vegetation – None.  Steep Slopes – None.  Stream/Creek – No.  Unique Animal Life – No unique animal life has been identified.  Unique Plant Life – No unique plant life has been identified. ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 3  Unstable Soils – No known issues.  Historical Assets – No historical assets have been observed.  Wildlife Habitat – No known sensitive wildlife habitat observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held February 18, 2021 Neighborhood Meeting Held June 3, 2021 Application Submitted & Fees Paid April 16, 2021 Application Accepted May 18, 2021 Residents within 300’ Notified August 2, 2021 Agencies Notified May 10, 2021 Legal Notice Published August 5, 2021 Property Posted August 6, 2021 HISTORY This property does not have any history of land use applications within the City of Star. CODE DEFINITIONS / COMPREHENSIVE PLAN UNIFIED DEVELOPMENT CODE: 8-1B-1: ANNEXATION AND ZONING; REZONE: B. Standards: 1. The subject property shall meet the minimum dimensional standards of the proper district. 2. The city may require a development agreement in conjunction with the annexation and zoning, or rezone, pursuant to Idaho Code section 67-6511A, which may include a concept plan. In addition to other processes permitted by city and state code, exceptions or waivers of standards, other than use, may be permitted through execution of a development agreement. A development agreement and concept plan shall be required for any rezone to a mixed-use zone, high density zone or land which includes steep slope (land over 25%) or floodway. 3. The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification as designated by the development agreement. When no designation is provided, the property shall revert to its original zoning or, if the original designation no longer exists, to the closest current equivalent ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 4 zoning as determined by the current Comprehensive Plan Land Use Map designation. 4. An amendment or termination of a previously recorded development agreement shall be recorded in the office of the county recorder by the clerk. 5. An approved development agreement must be executed within ninety (90) days of the meeting at which the development agreement is approved by the city council. A one-time administrative extension of maximum thirty (30) days may be granted by the zoning administrator. Additional extensions may be approved by majority vote of the city council. Failure to execute the development agreement within the required timeframe will result in the denial of all related applications. C. Required Findings: The council shall review the application at the public hearing. In order to grant an annexation and zoning or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city. 5. The annexation (as applicable) is in the best interest of city. 8-1E-1: DEFINITIONS - TERMS DEFINED TRANSITIONAL LOT OR PROPERTY: The size of a new residential lot when being proposed adjacent to an established residential use. The ratio for lots adjacent to properties shall be determined on a case-by-case basis, when considering the size of the development potential for the existing use. This shall not be required if separated by an existing roadway or large canal where the distance between new structures and existing structures equal or exceed 100 feet. 8-3A-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 ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 5 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. 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--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 6 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: Notes: 1. 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. 2. 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. 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 units 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; ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 7 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. 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; ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 8 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 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. 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 3.01 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.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. ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 9 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 subdivide in the future. 8.5.4 Polices 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. 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 ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 10 consideration site constraints that provide transitional lots and/or open space area avoiding urban lots directly abutting 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: F. 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 ANNEXATION & REZONE: The applicant is requesting approval of an annexation and rezone application to change the zoning designation on 29.24 acres from Rural Urban Transitional (RUT) to Residential This zoning district would allow for a maximum residential density of 3 dwelling units per acre. The property is located in an area that will be serviceable with central sewer and water provided by Star Sewer and Water District in the near future. Star Sewer and Water will be extending services along Joplin Road from the new sewer lift station completing construction on the west side of Star Road. The property will be accessed by a public road and currently has frontage on Star Road. All roads in the development will be public. The rezone request includes a development agreement that will address future density and development standards. PRELIMINARY PLAT: The Preliminary Plat submitted contains 82 total lots, 69 single family residential lots and 13 common lots on 29.24 acres which equates to 2.36 dwelling units per acre. The lots will have ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 11 access and frontage from public streets. The residential lots range in size from 8,400 square feet to 19,956 square feet with the average buildable lot being 13,052 square feet. All roads will be built to ACHD, City of Star and Star Fire District standards. The submitted preliminary plat is showing a 50 ft wide right of way with paved streets measuring 33 feet from back of curb to back of curb. Sidewalks are proposed to be 5 feet wide and detached throughout the development with an 8-foot landscape strip. The UDC requires all streets to have a minimum street width of 36 feet. The applicant has not provided documentation that street names have been obtained and approved. Applicant shall obtain and provide to the City Street name approval documentation from the Ada County Street Naming Committee prior to signature of the final plat. The application states that the proposed overall open space provided is 5.92 acres including at least 2.92 acres (10%) usable open space. Some of the usable open space is “visual” in nature. In order to qualify as open space, open style fencing must be provided. Therefore, Lots 38-43, 45, 51, Block 1, and Lots 4-5, and 11, Block 3 shall be conditioned to have open style fencing along the rear and/or side property lines adjacent to the common lot located along the southern boundary of the subdivision. The current Unified Development Code, Section 8-4E-2 requires a development of this size to have a minimum of 3 site amenities. The applicant is proposing a park with a gazebo and swinging benches and a pond. There is also a large open area on the north of the property. These amenities satisfy the code requirement for development amenities. ADDITIONAL DEVELOPMENT FEATURES: • Gravel Extraction of Pond The development will include the excavation of a pond for a future amenity to the development. It is assumed that the materials from the pond will be used on-site. Details including but not limited to noise, potential off-site haul routes, if applicable, operation hours, length of time, dust control and other issues shall be discussed with Council and conditioned appropriately with the approval of the application. • Ponds All future water features within the development shall be designed and maintained in a manner that protects the public safety. This will include aerators to prevent algae and mosquito issues, safety ring stations throughout the water feature locations, safety shelfs and erosion consideration. • Sidewalks Internal sidewalks are proposed at five-foot widths and will be detached throughout the development. ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 12 • Lighting Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant has submitted a streetlight plan and cut sheet that DOES NOT meet City of Star requirements. Applicant must provide a streetlight design/cut sheet and location plan for City approval. This will be required at submittal of the final plat. • Street Names Applicant has not provided documentation from Ada County that the street names are acceptable and have been approved. This will be required at final plat. • Landscaping - As required by the Unified Development Code, Chapter 8, Section 8-8C-2- M Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. Section 8-8C-2, J5 states that a minimum of one deciduous shade tree per four thousand (4,000) square feet of common area shall be provided. The submitted landscape plan appears to satisfy these requirements. • Setbacks – The applicant is requesting a side yard set-back waiver of 5 feet for one and two-story homes. For clarification, street side setback requirements do not apply when adjacent to a common lot. • Block – All blocks appear to meet the 750’ block length requirement. • Mailbox Cluster – Applicant has submitted a mailbox review request to the Meridian Postmaster. To date, staff has not been provided with an approval letter from the Postmaster. The applicant shall provide this information to the City prior to signing the final plat. • Phasing – The applicant has stated that this development will be completed in two phases. DEVELOPMENT AGREEMENT Through the Development Agreement process, the applicant is proposing to work with the City and neighboring property owners to provide further insurances that the development will be built as presented and/or modified by the Council through the review process. Items that should be considered by the applicant and Council include the following: • Density; ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 13 • ITD Proportionate Share Fees; • Emergency Access • Gravel Extraction Operation • Pond Operation and Maintenance • Reduced Street Widths • Setback Reductions AGENCY RESPONSES ITD August 11, 2021 Star Fire District August 9, 2021 DEQ May 21, 2021 ACHD Pending Keller and Associates August 6, 2021 Central District Health May 12, 2021 PUBLIC RESPONSES No Public Comments Have Been Received. STAFF RECOMMENDATION Based upon the information provided to staff in the applications and agency comments received to date, the proposed annexation and zoning request and associated applications including the preliminary plat meets the requirements, standards and intent for development as they relate to the Comprehensive Plan and Unified Development Code. The proposed maximum allowed density of 2.36 dwelling unit per acre is below the range of 3-5 dwelling units per acre allowed in the Neighborhood Residential Comprehensive Plan Land Use Map. Staff is supportive of proposed diversity in lot sizes, housing sizes and density that the (R-3) zoning designation will provide. 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 or revised 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. A development agreement will also be brought back to the Council for review of proposed Conditions of Approval for the rezone. ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 14 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: ANNEXATION/REZONE FINDINGS: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan. The purpose of the Star Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Star and its Impact Area. Some of the prime objectives of the Comprehensive Plan include: ✓ Protection of property rights. ✓ Adequate public facilities and services are provided to the people at reasonable cost. ✓ Ensure the local economy is protected. ✓ Encourage urban and urban-type development and overcrowding of land. ✓ Ensure development is commensurate with the physical characteristics of the land. The goal of the Comprehensive Plan for Land Use is to encourage the development of a diverse community that provides a mixture of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible provides an assortment of amenities within walking distance of a residential development. The Council must find compliance with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically, the purposes statement. The Council must find that the proposal complies with the proposed district and purpose statement. The purpose of the Estate Residential District is to provide for development suitable primarily for residential use. Densities in this land use area are to range from 1 unit per acre to 3 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. Clustering is encouraged to preserve open space. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and The Council must find that there is no indication from the material submitted by any political agency stating that this annexation and zoning of this property will be materially detrimental to the public health, safety or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 15 any political subdivision providing public services within the city including, but not limited to, school districts. The Council must find that it has not been presented with any information from agencies having jurisdiction that public services will be adversely impacted other than traffic, which will continue to be impacted as the City grows. 5. The annexation is in the best interest of the city. The Council must find that this annexation is reasonably necessary for the orderly development of the City. 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. CONDITIONS OF APPROVAL 1. The approved Preliminary Plat for the Starpointe Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 16 2. 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. ITD has calculated the fees to be $TBD. 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. 3. All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. 4. The applicant shall submit a Temporary Use application to the City for approval prior to the start of excavation of any pond. The excavation shall comply with all requirements set forth in Section 8-5-19C of the Star Unified Development Code pertaining to Accessory Pits. 5. A revised landscape plan shall be submitted at the time of final plat showing open style fencing along the rear and/or side property line adjacent to the common lot located along the southern boundary of the subdivision for Lots 38-43, 45, 51, Block 1, and Lots 4-5, and 11, Block 3 of the approved preliminary plat. 6. 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 and energized prior to issuing of building permits. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Applicant/Owner shall submit a streetlight plan and design prior to Final Plat approval. Streetlights shall comply with the Star City Code regarding light trespass and “Dark Sky” initiative. 7. Street trees along the private street and landscaping along Brandon Road shall be installed per Chapter 8, including Section 8-8C-2-M(2) Street Trees. 8. The property with the approved Preliminary Plat shall be satisfactorily weed abated, preventing a public nuisance, per Star City Code. 9. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 10. Pressurized irrigation systems shall comply with the Irrigation District(s) and the City of Star Codes. Plans for pressurized irrigation systems shall be submitted to, and approved by the City of Star Engineer, prior to installation. 11. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 12. A copy of the CC&R’s shall be submitted to the City of Star at Final Plat. 13. A letter from Ada County shall be provided approving the street names in the development and all names shall be reflected correctly on all pages of the final plat, before the mylar will be signed. 14. A letter from the US Postal Service shall be given to the City at Final Plat stating the subdivision is in compliance with the Postal Service. 15. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met, including annexation into the District. ---PAGE BREAK--- STARPOINTE SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-07/DA-21-09/PP-21-10 17 16. 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, unless amended in the Development Agreement or CUP conditions. 17. 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. 18. All common areas shall be owned and maintained by the Homeowners Association. 19. 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. 20. A sign application is required for any subdivision signs. 21. Owner/Developer will agree to install a 2” (High Density Polyethylene) HDPE SDR-11 roll pipe in the shared utility trench to be used for future fiber optic and/or copper telecommunication cables. 22. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File Number AZ-21-07/DA-21-09/PP-21-10 for Starpointe Subdivision on 2021. ---PAGE BREAK--- T4N, R1W, SEC. 19 March 18, 2021 NORTH STARPOINTEVICINITY MAP ---PAGE BREAK--- City of Star P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] Preliminary Plat Application Form #520 Rev 2-2021 Page 1 of 13 ***All information must be filled out to be processed. Applicant Information: PRIMARY CONTACT IS: Applicant Owner Representative Applicant Name: Applicant Address: Zip: Phone: Email: Owner Name: Owner Address: Zip: Phone: Email: Representative architect, engineer, developer): Contact: Firm Name: Address: Zip: Phone: Email: Property Information: Subdivision Name: Site Location: Approved Zoning Designation of Site: Parcel Number(s): Zoning Designations: Zoning Designation Comp Plan Designation Land Use Existing Proposed North of site South of site East of site West of site PRELIMINARY PLAT APPLICATION FILE NO.: Date Application Received: Fee Paid: Processed by: City: 3 Antov Star Holdings, LLC 7629 E Pinnacle Peak Road #110, Scottsdale, AZ 85255 (480) 401-0800 [EMAIL REDACTED] Antov Star Holdings, LLC 7629 E Pinnacle Peak Road #110, Scottsdale, AZ 85255 (480) 401-0800 [EMAIL REDACTED] Teller Bard Kimley-Horn & Associates 950 W Bannock Street, Suite 1100, Boise, Idaho 83702 (208) 297-2885 [EMAIL REDACTED] Inspirado NEC of the Chinden Boulevard & Star Road intersection PUD S0420336300, S0420336500, S0420315200, S0420428200 RUT Residential/Commercial/Mixed Use Agricultural PUD Residential/Commercial/Mixed Use Residential & Commercial RUT Central Business/Residential Agricultural RUT Commercial Agricultural RUT Commercial Agricultural RUT Residential/Commercial Agricultural ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 2 of 13 SITE DATA: FLOOD ZONE DATA: (This Info Must Be Filled Out Completely Prior to Acceptance): Total Acreage of Site in Special Flood Hazard Area - a. A note must be provided on the final plat documenting the current flood zone in which the property or properties are located. The boundary line must be drawn on the plat in situations where two or more flood zones intersect over the property or properties being surveyed. b. FEMA FIRM panel(s): etc.: FIRM effective date(s): mm/dd/year Flood Zone(s): Zone X, Zone A, Zone AE, Zone AH, etc.: Base Flood Elevation(s): ft., etc.: c. Flood Zones are subject to change by FEMA and all land within a floodplain is regulated by Chapter 10 of the Star City Code. Public Streets - Private Streets - Describe Pedestrian Walkways (location, width, material) - Describe Bike Paths (location, width, material) - Total Acreage of Site - Breakdown of Acreage of Land in Contiguous Ownership - Total Acreage of Site in Special Flood Hazard Area - Dwelling Units per Gross Acre - Minimum Lot Size - Minimum Lot Width - Total Number of Lots - Residential - Commercial - Industrial - Common - Total Number of Units - Single-family - Duplex - Multi-family - Percent of Site and Total Acreage of Common Area - / Percent of Common Space to be used for drainage - Describe Common Space Areas (amenities, landscaping, structures, etc.) - Proposed Dedicated Lots & Acreage (school, parks, etc): 124.07 124.07 0 1.57 DU/AC 5,500 SF 50' 227 195 195 195 8 0 24 20.1 13.42 0.78% Swimming pool with clubhouse, pathways, pickleball courts, tot lot, picnic areas. N/A 16,565 0 Primarily concrete pathways meandering through open space and along all roadway. N/A 0 AC 16001C0140J 06/19/2020 Zone X N/A ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 3 of 13 d. Please see link for help with FEMA information e. All maps will delineate flood plain lines. PUBLIC SERVICES (Describe what services are available and agency providing service): Potable Water - Irrigation Water- Sanitary Sewer- Fire Protection - Schools - Roads - SPECIAL ON-SITE FEATURES (Yes or No – If yes explain in your narrative): Areas of Critical Environmental Concern - Floodplain - Evidence of Erosion - Fish Habitat - Historical Assets - Mature Trees - Riparian Vegetation - Steep Slopes - Stream/Creek - Unstable Soils - Unique Animal Life - Unique Plant Life - Application Requirements: (Applications are required to contain one copy of the following unless otherwise noted. When combining with other applications (Annexation, CUP, etc.) please include one paper copy for all applications) Applicant Description Staff Pre-application meeting with Planning Department required prior to neighborhood meeting. Copy of neighborhood meeting notice sent to property owners within 300 feet and meeting sign-in sheet. (Please contact the City for addresses & labels) (Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application.) Completed and signed Preliminary Plat Application Fee: Please contact the City for current fee. Fees may be paid in person with check or electronically with credit card. Please call City for electronic payment. Additional service fee will apply to all electronic payments. Narrative explaining the project. (must be signed by applicant) Legal description of the property (word.doc and pdf version with engineer’s seal) Recorded warranty deed for the subject property If the signature on this application is not the owner of the property, an original notarized statement (affidavit of legal interest) from the owner stating the applicant is authorized to submit this application. Approval of the proposed subdivision name from Ada County Surveyor’s office. One 8½” X 11” copy and electronic copy in pdf. format of vicinity map showing the location of the subject property One full-size copy and one 11” X 17” copy of the Preliminary Plat Electronic copy in pdf. format of Preliminary Plat One full-size copy and one 11” X 17” copy of the landscape plan Electronic copy in pdf. format of landscape plan Electronic copy in pdf. format of preliminary site grading & drainage plans Phasing plan shall be included in the application if the project is to be phased. Star Sewer & Water District Creason Lateral, Boise Project, Boise Kuna, Nampa & Meridian Star Sewer & Water District Star Fire West Ada School District ACHD No No No No No No No No Yes, Creason Lateral No No No X X X X X X X X X X X X X X X X ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 4 of 13 Letter of authorization from the local Post Office approving mailbox delivery to subdivision including location(s) of mailbox clusters. Locations shall be indicated on Preliminary Plat. List of name(s) and addresses of all canal or irrigation ditches within or contiguous to the proposed development. One copy of names and addresses printed on address labels, of property owners within three hundred feet (300’) of the external boundaries of the property being considered as shown on record in the County Assessor’s office. Please contact the City to request addresses and labels. Site report of the highest seasonal groundwater elevation prepared by a registered soils scientist. (If requested by City Engineer) Special Flood Information – Must be included on Preliminary Plat and Application form. One 8½” X 11” copy and electronic copy in pdf format of streetlight design and location information. Streetlights shall meet all City “Dark Sky” requirements. Written confirmation that a traffic impact study is not required and/or has been submitted for review to Ada County Highway District/Canyon Highway District No. 4/Idaho Transportation Department (if applicable). One copy of the Electronic versions of submitted application including neighborhood meeting information, signed application, narrative, legal description, warranty deed, vicinity map, preliminary plat, landscape plan, preliminary site grading & drainage plans, irrigation district information, streetlight design & location, confirmation of a traffic impact study shall be submitted in original pdf format (no scans for preliminary plat, landscape plans or grading and drainage plans) on a thumb drive only (no discs) with the files named with project name and plan type. We encourage you to also submit a colored version of the preliminary plat and/or landscape plan for presentation purposes prior to City Council. Signed Certification of Posting with pictures. (see attached posting requirements and certification form) – To be completed by application after acceptance of application. Staff will notify applicant of hearing and posting date. Property shall be annexed into Star Sewer and Water District prior to Final Plat approval. Please contact SSWD for details. FEE REQUIREMENT: I have read and understand the above requirements. I further understand fees will be collected at the time of filing an application. I understand that there may be other fees associated with this application incurred by the City in obtaining reviews or referrals by architect, engineering, or other professionals necessary to enable the City to expedite this application. I understand that I, as the applicant, am responsible for all payments to the City of Star. Applicant/Representative Signature Date X X X X X X X X X X ---PAGE BREAK--- STARPOINTE SUBDIVISION 1 April 16, 2021 Shawn Nickel City of Star Planning Director and Zoning Administrator 10769 W. State Street, Star, ID 83669 Re: StarPointe Subdivision– Annexation, Rezone, Preliminary Plat Dear Shawn, On behalf of W. West Development, we are pleased to present you with the complete applications addressing the annexation, preliminary plat and rezone request from RUT to R-3, associated with Ada County Assessor parcel S0419417750, S0419428100, S0419427800 and a portion of S0419428005. This proposed subdivision, referred to as StarPointe, is located on approximately 29.24 acres south of the southwest corner of Joplin Road and Star Road. After on-going coordination with City of Star planning staff and local neighbors, considering the City’s recent Comprehensive Plan Update and Zoning Code, our planning and development team has thoughtfully designed the StarPointe Subdivision to include 69 residential lots and 15 common lots. The development provides a generous 20.3% of its total area to open space with a large central amenity area and enhanced passive open space areas. The following narrative and supporting documents have been prepared for your review and approval. It should be noted that this developer is not only looking to create a high-quality community at StarPointe, but is also bringing forward the annexation, rezoning and development plans for the neighboring Inspirado and Oaklawn Crossing communities. This investment within the City of Star is a unique opportunity to take a wholistic approach to the planning of almost 180 acres located within this prime growth area. Having the ability to create compatible developments that take in the consideration of varying topography, access and property sizes all while ensuring a balance of housing types, mixture of uses, and a high-quality character, will be a benefit to the developments themselves and the City of Star. Thank you for your time and consideration. We believe the StarPointe community will be a great addition to the City of Star and will complement existing growth opportunities in the surrounding neighborhoods and area. Please feel free to contact us if you have any questions or require additional information. Sincerely, Deborah Nelson Keith Nichter Partner Planning Manager ---PAGE BREAK--- STARPOINTE SUBDIVISION 2 PROJECT OVERVIEW The StarPointe Subdivision is located on approximately 29.24 acres located, within unincorporated Ada County and the City of Star’s Area of City Impact, south of the southwest corner of Joplin Road and Star Road. The subject property and the surrounding parcels in this area are zoned Rural-Urban Transition (RUT) within the County. In addition to the coordinated annexation, the project team is requesting a concurrent preliminary plat and rezone of the Property from RUT to R-3 to be consistent with the recently approved City initiated Comprehensive Plan update. This residential zoning of the property will include 69 single-family detached residential lots, with widths ranging from 70’-90’ and depths ranging from 120’-140’, along with 15 common lots to include community open space and amenities to be owned and maintained by a community homeowners association (HOA). Figure 1. Vicinity Map CONFORMANCE TO THE COMPREHENSIVE PLAN The updated City of Star Comprehensive Plan (December 2020) sets the stage for the StarPointe residential development with the future land use designation of Neighborhood Residential, as seen in Figure 2. City of Star Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the Neighborhood Residential designation is “suitable primarily for single-family residential use” and the proposed R-3 zoning district is listed as an allowed City classification within the Zoning Compatibility Matrix. This land use designation, as defined in the Comprehensive Plan, serves as a planning tool to assist the City in sustaining a reasonable growth and development pattern. StarPointe identifies this land use pattern consistent with the goals of the City of Star. With this direction, StarPointe has taken the following steps to ensure compatibility with the Comprehensive Plan and the following goals. ---PAGE BREAK--- STARPOINTE SUBDIVISION 3 Figure 2. City of Star Comprehensive Plan Future Land Use Map 5.3 Goal: Manage population growth consistent with community goals and objectives as expressed within the Comprehensive Plan. Enhance the quality and character of the community while providing and improving amenities and services. Response: StarPointe looks to implement a plan with a variety of housing opportunities for differing population needs. This variety can be seen through a range of products, from custom homes to varying sizes of large‐lot luxury residential homes. 7.3 Goal: Enhance and develop Star’s economy which will build a stronger community. Response: StarPointe will help provide additional rooftops necessary to strengthen the market and generate investment momentum within the surrounding “South of the River” Sub Area Plan, which is being developed by the City for the area planned to be the future downtown of Star and its future supporting periphery. StarPointe will contribute towards the Sub Areas goal of providing a diversity of residential neighborhoods to allow for Stars growth. StarPointe plays its role in this growth, seeing “residents need to have employment opportunities as well as a diverse choice of housing and retail services to maintain the city as a vital community.” Star Comprehensive Plan. 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. ---PAGE BREAK--- STARPOINTE SUBDIVISION 4 Response: As mentioned above, StarPointe will allow for a variety of housing options. In addition, multiple large open spaces including lawn areas, a large pond with an activated fountain, a shade ramada, picnic benches, and a seat wall to overlook the pond, will all be centrally located to encourage walking and allow for community interactions and gatherings. These are key elements of both the Comprehensive Plan and the ongoing “South of the River” Sub Area Plan. Until the Sub Area Plan is adopted by the City, it has been determined that development will be permitted in accordance with the other sections of the Comprehensive Plan. Although, StarPointe has been proactive to incorporate elements from the Sub Area Plan, to ensure compatibility, including the location of residential development along the bench and the proposed collector roadway, which allows for future connectivity and acts as a buffer to the mix of uses planned to the south of the property. Additionally, StarPointe will provide regional pedestrian connectivity along this proposed internal collector alignment, in the form of a shaded detached trail, to help facilitate access to the future mixed-use and commercial developments. 15.3 Goal: Encourage diverse developments that provide a mix of housing types and products and, where possible, an assortment of amenities within walking distance of residential development. Response: With a mix of single-family residential lot sizes, StarPointe allows for an opportunity to develop a variety of housing types, built around a central amenity, offering choices for a range of income groups and family sizes from young professionals to larger families to empty nesters. 18.3 Goal: The Star Comprehensive Plan and related ordinances are to be working documents used by citizens and city leaders to shape the future of Star. Response: The Development Agreement is one of many ways provided by the City to implement the Comprehensive Plan. StarPointe looks to incorporate the necessary variations in development requirements, subject to approval, to encourage the innovative development to address the growing demands of the community. These variations will encourage the conservation and more efficient use of open spaces and consistency in the development type and character of the proposed housing types. APPLICATIONS The StarPointe project team has had on-going dialogue with the City of Star in regards to this Property, throughout the last year and through the City’s Comprehensive Plan update process, which included two pre-application conferences to discuss these proposals on May 20, 2020 and February 18, 2021. A neighborhood meeting was held on June 3rd, 2020 at the Star Community Church Meeting Room. ---PAGE BREAK--- STARPOINTE SUBDIVISION 5 The project team understands the importance that all citizen outreach and input plays in the development process. We are committed to encouraging and allowing residents and neighbors to express their thoughts, help them understand the proposal and attempt to address their questions and concerns. ANNEXATION The StarPointe project team been working with the City of Star on a City-wide annexation path, from the existing Stonebriar subdivision to the northeast through private property and the adjacent entitlement proposal of Inspirado, all of which provide a continuous path of annexation into the City of Star. The updated City of Star Comprehensive Plan anticipated these annexations and designated the property’s future land use as Neighborhood Residential (NR), suitable primarily for single family residential use. StarPointe proposes to create and annex a consistent residential community into the City of Star. The annexation will not negatively impact the provision of public services, public health, safety, or welfare. In addition, the annexation of this Property will unlock additional potential to the surrounding area and increase the already high-quality standard of life within the City of Star. A legal description has been prepared for the annexation (Appendix A) and the project team will continue to work with the City to solidify the annexation path throughout these approvals. Accompanying this annexation, StarPointe will also seek approval of a development agreement for the subject property to include the proposed concept plan (Appendix B) and some minor proposed amended development standards (Figure While StarPointe plans to adhere to the majority of the required R-3 standards, this proposed amended standard will allow for modified side yard setbacks and clarification of the proposed 5’ side yard setbacks adjacent to the street where the project proposes common landscape tracts. Zoning District Maximum Height Note Conditions Front Rear Interior Side Street Side R-3 35’ 15’ to Living Area/Side Load Garage 20’ Garage Face 15’ 5’ 5’ Per Story 20’ or 5’ Adjacent to a Common Area Strip Notes: 1. Front yard setback shall be measured from the face of the garage to the face of the sidewalk, allowing for 20 feet of parking on the driveway without overhang onto the sidewalk. 2. Interior side yard setbacks for lots with 50 feet or less of lot width shall be allowed 5 feet interior side yard setbacks for one and two-story structures. Figure 3. Amended Development Standards ---PAGE BREAK--- STARPOINTE SUBDIVISION 6 ZONING The StarPointe community proposes a new zoning designation to accommodate this proposed upscale residential development. Currently, zoned in the County as Rural-Urban Transition (RUT), the development will be rezoned to the City of Stars Residential District Consistent with the City of Star’s Future Land Use designation for the property, we believe that the proposed StarPointe rezoning fulfills the vision of the Comprehensive Plan and addresses a need for a mix of single-family residential opportunities within the area. Figure 4. Existing Zoning Figure 5. Proposed Zoning Map ---PAGE BREAK--- STARPOINTE SUBDIVISION 7 PRELIMINARY PLAT The StarPointe annexation and zoning applications are accompanied by a concurrent preliminary plat application for the proposed development. Consistent with the preliminary plat data below, this R-3 community will consist of 69 single- family lots and 15 common lots containing the community open spaces and amenities. Preliminary Plat Data Existing Zoning RUT Proposed Zoning: R-3 Gross Acreage: 29.24 Ac Net Acreage: 28.89 Ac Total Lots: 84 Common Lots: 15 Residential Lots: 69 Gross Density:2.36 du/ac Total Open Space: 5.92 Ac (20.3%) Total Common Open Space: 2.30 Ac (14.7%) Buffer Open Space: 0.74 Ac Pond Open Space (50%) Qualified: 1.47 Ac Usable Open Space: 2.62 Ac Visual Natural Open Space: 0.27 Ac Typical Lot Width: 70'-90’ Typical Lot Area: 8,400-12,600 Sf DEVELOPMENT PLAN StarPointe has been developed in the interest of advancing the City of Star’s growth goals and providing the public with additional high-quality residential opportunities. The community is well designed and will be constructed, operated, and maintained to be compatible with its surroundings and appealing in appearance, while creating another great community in the City of Star. The proposed development will be a complementary addition to planned surrounding land uses and the unique site context, taking advantage of the viewsheds provided by the change in topography along the northern bench The current streets and planned future surrounding improvements are adequate and suitable to facilitate the anticipated traffic of this development. Based on the configuration of the property, a second point of access will be provided as emergency access to Joplin Road, until the time future connectivity is available. The proposed StarPointe community, as further described below, is in conformance with the comprehensive plan, and utility infrastructure is sufficient for the project. ARCHITECTURAL ELEMENTS & SINGLE-FAMILY HOUSING The architecture style of StarPointe, consistent with the character images below, will largely be a mix of contemporary forms and modern styles. An elegant and plentiful blend of materials ranging from stone to stucco and board-and-batten siding materials are planned with stylish natural colors. ---PAGE BREAK--- STARPOINTE SUBDIVISION 8 With a variety of housing types, the proposed custom home sites generally will offer a larger single- family residential option on a wide lot with a range of home sizes from 2,000-4,000 square feet. Similar to the homes in the surrounding new developments, heights will be restricted to two-stories and a maximum building height of 35 feet. Figure 6. Custom Homes Character Images ---PAGE BREAK--- STARPOINTE SUBDIVISION 9 Luxury home sites will offer the largest single-family residential option within Inspirado, on a +/-70’-90’ wide lot with a range of home sizes from 2,000-4,000 square feet. Similarly, heights will be restricted to two-stories and a maximum building height of 35 feet. Figure 7. Luxury Homes Character Images PROJECT AMENITIES AND OPEN SPACE The StarPointe Subdivision is planned to incorporate an appealing amenity package that will provide connectivity and recreation opportunities within the community. In addition, it has been designed to accommodate an attractive landscape buffer along Star Road, while also creating an abundant amount of open space. Overall, the development exceeds the required 15% open space requirement and provides a generous 20.3% of its total area to open space. Of the community open space, 44.2% of that is designated as usable and 55.8% of that is considered passive. Passive open spaces include open lawn areas, a ---PAGE BREAK--- STARPOINTE SUBDIVISION 10 large pond with an activated fountain, and an adjacent shade ramada with picnic benches and a seat wall to overlook the pond. Active areas include community sidewalks and open space corridors through the community, encouraging residents to stay active and to interact. Opportunities to sit and rest, or talk with a neighbor, are provided with bench seating. These amenities are customized to current homebuyer preferences and contribute to creating a sense of community among the future residents. Figure 8. Amenity Examples and Character Imagery ---PAGE BREAK--- STARPOINTE SUBDIVISION 11 Figure 9. Open Space Map SERVICES StarPointe is located within the West Ada School District. StarPointe is serviced by Star Elementary, Star Middle School, Eagle High School and Owyhee High School, which is planned to open in August of 2021. The local police department is located at City Hall and the Ada County Sheriff’s Department pays a proportionate share of the cost of the relevant facilities. The Star Fire District has one fire station currently located nearby at 11665 W. State Street. Also, within the planning area Star Fire District has a second station located at the northwest corner of Highway 44 and Kingsbury Road. UTILITIES Water and sewer service for the project is provided by Star Sewer Water District (SSWD). Water and sewer facilities in Star Road and Joplin Road - including a lift station on the north side of Joplin Road near the northwest corner of the project - are under construction by SSWD and will extend water and sewer service to the project site. This project will connect to an existing 21-inch sewer stub in Joplin Road and an existing 12-inch water stub at the Star Road and Joplin Road intersection. IRRIGATION Irrigation service for the project is provided Nampa Meridian Irrigation District via the Creason Lateral. Presently, the lateral runs northwesterly across the site and will be piped to maintain service. DRAINAGE Stormwater runoff will be routed through the streets to multiple collection points across the site. Infiltration basins and forebays will be provided at each concentration point for water treatment - see AHCD BMP-11. ---PAGE BREAK--- STARPOINTE SUBDIVISION 12 CONCLUSION As shown, the StarPointe development will introduce an attractive & well-designed community to the area. The development will provide a blend of appealing single- family homes and substantial open space areas with views. The proposed R-3 zoning classification aligns with the development’s goals and the City of Star’s planned growth. The site’s open spaces and amenities will work together to create an active and interconnected community. Our design team has carefully considered the input of existing neighbors and service providers and believe with these positive characteristics, approval of the StarPointe community is in the best interests of the City. Accordingly, the developer and design team respectfully request your approval of the annexation, rezone and preliminary plat applications for StarPointe. Thank you for your time and consideration. We look forward to working with the City of Star on the execution and deliverance of this high-quality project. Please feel free to contact us if you have any questions or require additional information. Sincerely, Deborah Nelson Keith Nichter Partner Planning Manager ---PAGE BREAK--- ADA COUNTY, IDAHO APRIL 2021 STARPOINTE PRELIMINARY LANDSCAPE PLAN SITE DATA PARCEL S0419428100, S0418417750, S041948005 GROSS AREA: 29.24 ACRES NET AREA: 28.89 ACRES EXISTING ZONING: RUT PROPOSED ZONING: R-3 PROPOSED LOT COUNT: 84 PROPOSED OPEN SPACE: 2.62 ACRES THIS PLAN IS FOR CONCEPTUAL PURPOSED ONLY & REQUIRES DETAILED SITE PLANNING, ENGINEERING & CITY/COUNTY APPROVALS. ACREAGE & DENSITY IS ESTIMATED. LAND- SCAPING/AMENITY DESIGN IS ILLUSTRATIVE ONLY. 90 180 45 ---PAGE BREAK--- (SECTION A) STANDARD LOCAL N.T.S. (SECTION C) COLLECTOR ROAD LOOKING WEST N.T.S. (SECTION B) STAR ROAD LOOKING NORTH N.T.S. (SECTION D) SECONDARY EMERGENCY ACCESS ROAD LOOKING NORTH N.T.S. **20FT UTILITY AND SECONDARY EMERGENCY ACCESS EASEMENT. DEVELOPER HAS COORDINATED ROAD WIDTH WITH STAR FIRE DISTRICT APN: S0419427950 APN: S0419417500 PRELIMINARY PLAT A PORTION OF THE SE 1 4 OF SECTION 19 & SW 1 4 OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 1 WEST ADA COUNTY, IDAHO OWNER/DEVELOPER VICINITY MAP PRELIMINARY PLAT DATA LEGEND STARPOINTE LEGAL DESCRIPTION ” PRELIMINARY PLAT NOTES STARPOINTE CIVIL ENGINEER LAND SURVEYOR Sheet List Table Sheet Number Sheet Title ---PAGE BREAK--- JOPLIN ROAD STAR ROAD APN:S0419141960 APN:S0419427950 APN:S0419417200 (PROPOSED OAKLAWN CROSSING) APN:S0419428005 APN:S0419428310 APN:S0419438802 APN:S0419244625 APN:S0419449020 OWNER: HUTTON LARRY B APN:S0419314950 APN:S0419346600 (PROPOSED IN DEVELOPM NORTH ---PAGE BREAK--- W. JOPLIN ROAD N. STAR ROAD APN:S0419141960 APN:S0419427950 APN:S0419417200 APN:S0419428005 APN:S0419428310 APN:S0419438802 APN:S0419244625 APN:S0419449020 APN:S0419314950 APN:S0419346600 BLOCK 4 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 3 BLOCK 2 13 16 19 31 48 47 49 46 50 45 51 43 36 35 34 37 33 38 39 40 41 42 44 32 26 30 1 23 25 27 29 2 3 8 22 21 20 17 18 15 14 11 12 10 9 7 6 5 4 13 1 12 9 16 6 3 5 17 4 8 15 2 14 11 7 10 11 5 8 3 1 4 9 7 10 6 2 24 28 4 1 2 W. INSPIRADO CT W. HAPPY DAY DR W. INSPIRADO DR N. STARBOARD AVE N. SPENCER WAY N. BROCK RIVER PL W. STARPOINTE DR W. STARPOINTE DR BLOCK 1 W. GRAYE ST (PROPOSED OAKLAWN CROSSING) CANAL (PROPOSED INSPIRADO) B E A E A C E D N. ROWYN SKY WAY 3 N. VALLEY BREEZE AVE NORTH ---PAGE BREAK--- JOPLIN ROAD STAR ROAD APN:S0419141960 APN:S0419427950 APN:S0419417200 APN:S0419428005 APN:S0419428310 APN:S0419438802 APN:S0419244625 APN:S0419449020 APN:S0419314950 APN:S0419346600 BLOCK 4 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 3 BLOCK 2 13 16 19 31 48 47 49 46 50 45 51 43 36 35 34 37 33 38 39 40 41 42 44 32 26 30 1 23 25 27 29 2 3 8 22 21 20 17 18 15 14 11 12 10 9 7 6 5 4 13 1 12 9 16 6 3 5 17 4 8 15 2 14 11 7 10 11 5 8 3 1 4 9 7 10 6 2 24 28 4 1 2 5 3 NORTH ---PAGE BREAK--- LOT AREA TABLE LOT NUMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 BLOCK # BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 LOT AREA (SF) 24,145 9,094 19,956 16,368 14,411 12,960 15,034 13,135 12,263 12,799 14,231 15,684 16,924 13,271 18,258 12,600 52,147 11,709 11,900 11,900 11,900 12,746 12,297 11,900 11,717 11,900 12,330 3,323 4,623 12,353 9,745 3,565 9,475 8,750 8,700 10,039 10,563 8,961 8,099 8,400 8,473 8,819 9,201 32,325 8,471 8,394 8,400 3,503 8,400 8,400 8,400 LOT AREA (AC 0.55 0.21 0.46 0.38 0.33 0.30 0.35 0.30 0.28 0.29 0.33 0.36 0.39 0.30 0.42 0.29 1.20 0.27 0.27 0.27 0.27 0.29 0.28 0.27 0.27 0.27 0.28 0.08 0.11 0.28 0.22 0.08 0.22 0.20 0.20 0.23 0.24 0.21 0.19 0.19 0.19 0.20 0.21 0.74 0.19 0.19 0.19 0.08 0.19 0.19 0.19 LOT AREA TABLE LOT NUMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 BLOCK # BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 LOT AREA (SF) 8,750 8,750 8,750 8,750 8,750 9,327 9,283 63,384 8,402 8,381 8,400 8,400 8,400 8,400 8,400 8,400 8,400 LOT AREA (AC 0.20 0.20 0.20 0.20 0.20 0.21 0.21 1.46 0.19 0.19 0.19 0.19 0.19 0.19 0.19 0.19 0.19 LOT AREA TABLE LOT NUMBER 1 2 3 4 5 6 7 8 9 10 11 BLOCK # BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 LOT AREA (SF) 26,512 11,285 11,404 9,001 8,641 8,400 8,400 3,503 8,400 8,400 8,400 LOT AREA (AC 0.61 0.26 0.26 0.21 0.20 0.19 0.19 0.08 0.19 0.19 0.19 LOT AREA TABLE LOT NUMBER 1 2 3 4 5 BLOCK # BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 LOT AREA (SF) 12,868 11,926 2,824 12,706 6,467 LOT AREA (AC 0.30 0.27 0.06 0.29 0.15 ---PAGE BREAK--- PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR FUTURE OAKLAWN CROSSING SUBDIVISION (NOT A PART) 1 2 3 8 11 12 10 9 7 6 5 4 5 8 3 1 4 7 6 2 4 1 2 W. INSPIRADO DR N. BROCK RIVER PL P N. ROWYN SKY WAY N. STAR ROAD APN:S0419417200 APN:S0419449020 APN:S0419438802 BLOCK 4 BLOCK 1 BLOCK 3 W. STAR BLUFF DR 3 PIRR PIRR 8 MATCHLINE - SEE SHEET 07 NORTH IRRIGATION CONSTUCTION NOTES KEY MAP 06 07 08 ---PAGE BREAK--- PIRR PIRR PIRR 12 5 8 7 6 PIRR PIRR PIRR BL PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR 13 16 48 47 49 46 50 45 51 17 18 15 14 1 17 11 8 9 10 BLOCK 1 BLOCK 1 BLOCK 2 N. VALLEY BREEZE AVE N. STARBOARD AVE W. STAR BLUFF DR APN:S0419427950 APN:S0419438802 MATCHLINE - SEE SHEET 06 NORTH MATCHLINE - SEE SHEET 08 FUTURE OAKLAWN CROSSING SUBDIVISION (NOT A PART) IRRIGATION CONSTUCTION NOTES KEY MAP 06 07 08 ---PAGE BREAK--- PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR PIRR 19 31 43 36 35 34 37 33 38 39 40 41 42 44 32 26 30 23 25 27 29 22 21 20 13 12 9 16 6 3 5 4 8 15 2 14 11 7 10 24 28 BLOCK 1 BLOCK 2 BLOCK 1 W. INSPIRADO CT W. HAPPY DAY DR N. SPENCER WAY W. GRAYE ST APN S0419428005 APN:S0419438802 05 IRRIGATION CONSTUCTION NOTES NORTH KEY MAP 06 MATCHLINE - SEE SHEET 07 07 08 ---PAGE BREAK--- JOPLIN ROAD STAR ROAD APN:S0419141960 APN:S0419427950 APN:S0419417200 APN:S0419428005 APN:S0419428310 APN:S0419438802 APN:S0419244625 APN:S0419449020 APN:S0419314950 APN:S0419346600 ROAD 1 ROAD 4 ROAD 3 ROAD 6 ROAD 7 ROAD 1 ROAD 5 ROAD 2 ROAD 7 ROAD 6 ROAD 6 ROAD 4 (PROPOSED OAKLAWN CROSSING) PHASE 2 PHASE 1 NORTH ---PAGE BREAK--- GROWING POSSIBILITIES 100 E Bower Street, Suite 110 Meridian, ID 83642 (208) 288-1992 203010-411 August 6, 2021 Mayor Trevor Chadwick City of Star P.O. Box 130 Star, ID 83669 Re: Starpointe Subdivision Preliminary Plat Application Dear Mayor: Keller Associates, Inc. has reviewed the Preliminary Plat for the Starpointe Subdivision dated April 15, 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. Many bearings shown on the plans are not consistent between sheets. It appears that Sheet 03 has the most correct bearings. There is one bearing on that sheet listed as S76°57’33”W, but it should be N76°57’33”E. Please update this bearing on Sheet 03 and the bearings on the rest of the plans to match this sheet. 2. Please label Lot 3 Block 4. It appears not to be labeled on any sheet. 3. Street lights are required to be provided at every intersection, cul-de-sac, and road corner. Please add street lights at the following intersections: Spencer/Graye, Spencer/Happy Day, Happy Day/Starboard, Starboard/Graye, and Inspirado/Star. Please also add street lights at the cul-de-sacs at Brock River and Inspirado. Streetlighting 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. 4. Historic irrigation lateral, drain, and ditch flow patterns shall be maintained unless approved in writing by the local irrigation district or ditch company. 5. Potable water cannot be used for irrigation purposes. A separate pressure irrigation system will be required. 6. Finish grades at subdivision boundaries shall match existing finish grades. Runoff shall be maintained on subdivision property unless otherwise approved. 7. 10-foot easements for pressure irrigation lines will need to be shown once the applicant determines the alignment location(s) for the facilities. Show all ditch and drainage easements. We recommend that conditions 1–3 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 ---PAGE BREAK--- 203010-411 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--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Starpointe Subdivision DATE: August 9, 2021 TO: City of Star, Planning & Zoning FROM: Victor Islas, Deputy Chief SUBJECT: Fire District Review PROJECT NAME: Starpointe Subdivision (AZ-21-07, DA-21-09, PP-21-10) 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 4 miles with a travel time of 2 minutes under ideal driving conditions to the proposed entrance of the development off Star Rd. 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. 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 always maintain access for emergency vehicles. Hydrants shall always remain unobstructed per city code. One- or two-family dwelling residential developments: Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall provide with at least two separate and approved fire apparatus access roads. The fire district requires that Autoturn models be submitted for review. Autoturn models should be reflect the utilization of a 36’ long fire engine and a 50’ long ladder truck. Traffic calming devices will require approval by the Fire District. An unobstructed vertical clearance of no less than 13 feet 6 inches shall be always maintained. ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Starpointe Subdivision 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. Review Note: Meeting was held with the Teller Brad to discuss Secondary Access as an emergency only. The exibit provided to the Fire District with the emergency access off of Chinden Boulevard will meet the intend of the code. The access shall be protected from unauthorized vehicles using MaxiForce collapsible bollards. The access shall also be marked with signs on both ends of the access point reading “Emergency and Authorized Vehicles ONLY”. 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 ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Starpointe Subdivision Additional Comments: Side Setback as per City Code. Any modification to setback will require review and approval by the Fire District. 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--- May 21, 2021 By e-mail: [EMAIL REDACTED] City of Star P.O. Box 130 Star, Idaho 83669 Subject: Starpointe Subdivision, AZ-21-07/DA-21-09/PP-21-10 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 May 21, 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. ---PAGE BREAK--- Response to Request for Comment May 21, 2021 Page 3 • 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. • 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 ---PAGE BREAK--- Response to Request for Comment May 21, 2021 Page 4 • 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. 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. ---PAGE BREAK--- Response to Request for Comment May 21, 2021 Page 5 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#: 2021AEK93 ---PAGE BREAK--- ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov August 11, 2021 Shawn Nickel City Planner P.O. Box 130 Star, Idaho 83669 VIA EMAIL Development Application AZ-21-07, DA-21-09, PP-21-10 Project Name STARPOINTE SUBDIVISION Project Location 6825 North Star Road and 8744 West Joplin Road, north of US-20/26 milepost 33.00 Project Description Annexation and Zoning (R-3-DA), a development agreement, and preliminary plat for a proposed residential subdivision consisting of 71 residential lots and 13 common lots Applicant Teller Bard, Kinley-Horn & Associates The Idaho Transportation Department (ITD) reviewed the referenced annexation, zoning, development agreement, and preliminary plat applications and has the following comments: 1. This project does not abut the State Highway system. 2. ITD and the City of Star have entered into an interagency agreement to collect proportionate share from new developments to mitigate traffic impacts from incoming developments. Proportionate share for each development is calculated based off of number of trips added to State Highway system. The number of trips generated can be determined using the Institute of Transportation Engineers (ITE) Trip Generation Manual. ITD requires trip distribution information to determine where trips generated by developments access the State Highway system. 3. No trip distribution information was provided; without trip distribution information ITD must assume the worst case scenario that all trips generated will utilize the Star Road/ US-2026 intersection. The proposed subdivision is adding 70 trips to the Star Road/ US-2026 in the PM Peak at buildout. Proportionate share is based on the PM site trips through the intersection of US-2026/ Star Road which is approximately 0.84% percent of the traffic utilizing the intersection in 2040. The US-20/26 corridor study did not forecast AM peak hour trips so PM peak trips were used to calculate proportionate share. The construction of the cost of design, construction, and right-of-way for a future continuous flow ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov intersection (CFI) at the Star Road/ US-2026 is estimated to cost $15,675,134 (see attached). The applicant will only be responsible for contributing their proportionate share of $131,671 4. In order to provide a more accurate and potentially lower estimate, the applicant could provide ITD specific trip distribution numbers. ITD suggests the applicant contact COMPASS to have a model run conducted to determine trip distribution. ITD would be willing to accept trip distribution numbers provided by COMPASS or a licensed civil engineer. 5. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State Highway. 6. The Idaho Administrative Procedure Act (IDAPA) 39.03.60 governs advertising along the State Highway system. The applicant may contact Justin Pond, Right-of-Way Section Program Manager, at (208) 334-8832 for more information. 7. ITD objects to this development. ITD will remove the objection if the governing board requires, and the applicant agrees to, the execution of a Development Agreement with the City of Star binding the contribution of the proportionate share amount of $131,671. If you have any questions, you may contact me at (208) 334-8338. Sincerely, Sarah Arjona Development Services Coordinator [EMAIL REDACTED] ---PAGE BREAK--- Starpointe Subdivision Proportionate Share Contribution (8/11/2021) 71 Units Single Family Homes ITE Code (210) Single Family AM Trip Rate = 0.74 PM Trip Rate = 0.99 A trip distribution diagram was not provided to the department. ITD must assume a worst- case scenario that all 71 residential units will head south on Star Road to the US-2026 / Star Road intersection. Per the US-2026 Corridor Plan, this intersection’s ultimate configuration is to be a continuous flow intersection (CFI). ITD estimated the design and construction of a CFI at US-2026 / Star Road as approximately $15,675,134. Proportionate share is based on the PM site trips through the intersection of US-2026 / Star Road compared to the number of PM trips in 2040. The US-2026 Corridor Plan did not forecast AM Peak hour trips. Site Traffic PM Peak 71 units x 0.99 = 70 trips ---PAGE BREAK--- Total Traffic 2040 @ US-2026 / Star Road Proportionate share contribution of 0.84% is $131,671. ---PAGE BREAK--- Unit Price Cost Note 205-005A EXCAVATION 25% * 718,364.97 $ *301-409 301-005A GRANULAR SUBBASE * 56,947.00 TON 17.00 $ 968,099.00 $ KN 13492 303-021A 3/4" AGGR TY A FOR BASE * 29,452.00 TON 13.94 $ 410,560.88 $ KN 13387 405-435A SUPERPAVE HMA PAV INCL ASPH&ADD CL SP-3 * 18,685.00 TON 80.00 $ 1,494,800.00 $ KN 13492 509-010A NON-STRUCTURAL CONC CLASS 30 6,494.00 SY 70.00 $ 454,580.00 $ KN 13476 614-015A SIDEWALK 7,345.00 SY 60.00 $ 440,700.00 $ KN 22165 615-256A CURB TYPE 1 12,425.00 FT 16.00 $ 198,800.00 $ KN 13476 615-494A CURB & GUTTER TYPE 4 9,005.00 FT 30.00 $ 270,150.00 $ KN 13476 616-030A OVERHEAD BRIDGE SIGN STRUCTURE 4.00 EA 160,000.00 $ 640,000.00 $ KN13476 619-010A ILLUMINATION TY 2 1.00 LS 600,000.00 $ 600,000.00 $ KN 13476 656-005A TRAFFIC SIGNAL INSTALLATION 1.00 LS 800,000.00 $ 800,000.00 $ KN 13476 675-005A SURVEY 1.00 LS 75,000.00 $ 75,000.00 $ KN 13476 SP Traffic Control 1.00 LS 360,000.00 $ 360,000.00 $ KN 13476 SP Drainage Items 1.00 LS 500,000.00 $ 500,000.00 $ KN 13476 SP ITS Items 1.00 LS 350,000.00 $ 350,000.00 $ KN 13476 Mobilization 10% 828,105.49 $ SECTION 1 Sub-Total 9,109,160.34 $ CN Change Order / Quantity Variance 5% 455,458.02 $ CN Non-Bid Items 3.5% 318,820.61 $ SECTION 2 Sub-Total 774,278.63 $ Sub-Total: SECTION 1 & SECTION 2 9,883,438.96 $ Contingency - Scoping Level 30% 2,965,031.69 $ TOTAL CONSTRUCTION COST 12,848,470.65 $ Summary of Project Costs Amount Note Construction 12,848,470.65 $ Design Services 10% 1,284,847.07 $ Construction Services 12% 1,541,816.48 $ Right-of-Way 0.00 ACRES - $ KN 20367 Total Cost 15,675,134.20 $ SUMMARY Conceptual Cost Estimate Quantity Item SECTION 2 SECTION 1 Estimated By: Regan Hansen Date: 5/14/2021 Checked By: Date: Location: US 20/26; Star Rd CFI Scope: Widen US 20/26 (Chinden Ave) at the intersection with Star Rd and re-configure intersection into full CFI in accordance with the conceptual design layout from KN 7826. Pavement widening is tapered to match the roadway to the east and west of the intersection in the proposed lane configuration that will be constructed under KN 20367 and the subsequent phase 1 widening to the west of the intersection. Pavement widening on the Star Road legs tie into an assumed 5-lane cross-section in accordance with the ACHD Master Street Plan. Sidewalks on the north side of US 20/26 are reconstructed at the intersection to tie in with the sidewalks to be constructed with KN 20367; sidewalks on the south side of US 20/26 are constructed to the extent of the roadway widening to the ultimate 6 lane buildout. Right-of-way acquisitions will be completed under KN 20367. ESTIMATE_Chinden Star CFI_2021-05-14.xlsx Page 1 of 1 ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, Planning Director and Zoning Administrator MEETING DATE: August 17, 2021 – PUBLIC HEARING FILE(S) AZ-21-08 Annexation and Zoning DA-21-10 Development Agreement PP-21-11 Preliminary Plat for Oaklawn Crossing Subdivision OWNER/APPLICANT/REPRESENTATIVE Property Owner/Applicant Representative: Pinnacle Land Development, LLC Teller Bard 7629 E. Pinnacle Peak Road, Ste. 110 Kimley-Horn & Associates Scottsdale, AZ 85255 950 W. Bannock Street, Ste. 1100 Boise, ID 83702 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning to Residential (R-4) and Mixed-Use (MU), a Development Agreement, and Preliminary Plat for a proposed residential subdivision consisting of 65 residential lots, 1 Mixed-Use lot and 5 common lots. The property is located at 8005 W. Joplin Road in Star, Idaho and consists of 25.87 acres with a proposed residential density of 3.09 dwelling units per acre. PROPERTY INFORMATION Property Location: The subject property is generally located on the southwest corner of N. Star Road and W. Joplin Road. Ada County Parcel Number S0419417200. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 2 Surrounding Land Use/Designations: Zoning Designation Comp Plan Designation Land Use Existing RUT (County) Neighborhood Residential Mixed Use Agriculture/ Single Family Residential Proposed R-4-DA MU-DA Neighborhood Residential Mixed Use Single Family Residential/Mixed-Use North of site RUT (County) CBD (Central Business District) Agriculture/ Single Family Residential South of site RUT (County) Neighborhood Residential Agriculture/ Single Family Residential Proposed Starpointe Subdivision East of site RUT (County) CBD (Central Business District) Star Road/R.C. Bean Saddlery/Pasture West of site RUT (County) Neighborhood Residential Single Family Residential/Agriculture Existing Site Characteristics: The property currently has a home and outbuildings; the majority of the land is used as pasture. Irrigation/Drainage District(s): Eureka Water Company 6820 Joplin Road Meridian, ID 83646 Flood Zone: This property is currently located in Flood Zones X. FEMA FIRM Panel 16001C0140J. Effective Date: 6/19/2020 Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No evidence.  Fish Habitat – None.  Floodplain – No.  Mature Trees – None.  Riparian Vegetation – Yes.  Steep Slopes – None.  Stream/Creek – Yes.  Unique Animal Life – No unique animal life has been identified.  Unique Plant Life – No unique plant life has been identified.  Unstable Soils – No known issues.  Historical Assets – No historical assets have been observed.  Wildlife Habitat – No known sensitive wildlife habitat observed. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 3 APPLICATION REQUIREMENTS Pre-Application Meeting Held February 18, 2021 Neighborhood Meeting Held January 29, 2021 Application Submitted & Fees Paid April 16, 2021 Application Accepted May 17, 2021 Residents within 300’ Notified August 2, 2021 Agencies Notified May 10, 2021 Legal Notice Published August 5, 2021 Property Posted August 6, 2021 HISTORY This property does not have any history of land use applications within the City of Star. CODE DEFINITIONS / COMPREHENSIVE PLAN UNIFIED DEVELOPMENT CODE: 8-1B-1: ANNEXATION AND ZONING; REZONE: B. Standards: 1. The subject property shall meet the minimum dimensional standards of the proper district. 2. The city may require a development agreement in conjunction with the annexation and zoning, or rezone, pursuant to Idaho Code section 67-6511A, which may include a concept plan. In addition to other processes permitted by city and state code, exceptions or waivers of standards, other than use, may be permitted through execution of a development agreement. A development agreement and concept plan shall be required for any rezone to a mixed-use zone, high density zone or land which includes steep slope (land over 25%) or floodway. 3. The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification as designated by the development agreement. When no designation is provided, the property shall revert to its original zoning or, if the original designation no longer exists, to the closest current equivalent zoning as determined by the current Comprehensive Plan Land Use Map designation. 4. An amendment or termination of a previously recorded development agreement shall be recorded in the office of the county recorder by the clerk. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 4 5. An approved development agreement must be executed within ninety (90) days of the meeting at which the development agreement is approved by the city council. A one-time administrative extension of maximum thirty (30) days may be granted by the zoning administrator. Additional extensions may be approved by majority vote of the city council. Failure to execute the development agreement within the required timeframe will result in the denial of all related applications. C. Required Findings: The council shall review the application at the public hearing. In order to grant an annexation and zoning or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city. 5. The annexation (as applicable) is in the best interest of city. 8-1E-1: DEFINITIONS - TERMS DEFINED TRANSITIONAL LOT OR PROPERTY: The size of a new residential lot when being proposed adjacent to an established residential use. The ratio for lots adjacent to properties shall be determined on a case-by-case basis, when considering the size of the development potential for the existing use. This shall not be required if separated by an existing roadway or large canal where the distance between new structures and existing structures equal or exceed 100 feet. 8-3A-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. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 5 MU MIXED USE DISTRICT: To provide for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, and/or residential depending upon the specific comprehensive plan area designated as Mixed Use. Development within this zone is to proceed through the PUD process unless a development agreement has already been executed for the particular property. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this zone may allow the development community to be more innovative in design and placement of structures subject to Council review and approval. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. Residential uses may be part of an overall mixed-use development that includes a non-residential component and may not exceed 30% of the overall size of the development. 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--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 6 ZONING DISTRICT USES (RESIDENTIAL) 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 ZONING DISTRICT USES (MIXED-USE) MU Accessory structure - Residential or Commercial C/P Adult business/adult entertainment N Agriculture, forestry, fishing N Airport N Animal care facility 1 C Artist studio1 P Arts, entertainment, recreation facility1 C Asphalt plant 1 N Auction facility C Automated Teller Machine (ATM) 1 A Automotive hobby 1 A Automotive mechanical/electrical repair and maintenance C Bakery- Retail or Manufacturing P/C Bar/tavern/lounge/drinking establishment C Barbershop/styling salon P Bed and breakfast C Beverage bottling plant N Boarding house C ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 7 Brewery/Distillery C Brewpub/Wine Tasting C Building material, garden equipment and supplies C Campground/RV park 1 C Caretaker Unit 1 A Cement or clay products manufacturing N Cemetery 1 N Chemical manufacturing plant 1 N Child Care center (more than 12) 1 C Child Care family (6 or fewer) 1 A Child Care group (7-12) 1 C Child Care-Preschool/Early Learning1 C Church or place of religious worship1 P Civic, social or fraternal organizations C Concrete batch plant 1 N Conference/convention center C Contractor's yard or shop 1 N Convenience store C Dairy farm N Drive-through establishment/drive-up service window 1 C Dwelling: Multi-family 1 C Secondary 1 C Single-family attached C Single-family detached C Two-family duplex C ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 8 Live/Work Multi-Use 1 C Educational institution, private C Educational institution, public C Equipment rental, sales, and services C Events Center, public or private (indoor/outdoor) C Fabrication shop N Farm N Farmers' or Saturday market C Feedlot N Financial institution C Fireworks Stands P Flammable substance storage N Flex Space C Food products processing N Fracking N Gasoline, Fueling & Charging station with or without convenience store 1 C Golf course C Government office C Greenhouse, private A Greenhouse, commercial C Guesthouse/granny flat C Healthcare and social services C Heliport N Home occupation 1 A Hospital C Hotel/motel C ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 9 Ice manufacturing plant N Industry, information C Institution C Junkyard N Kennel C Laboratory C Laboratory, medical C Lagoon N Laundromat P Laundry and dry cleaning C Library N Manufactured home 1 C Manufactured home park 1 N Manufacturing plant N Meatpacking plant N Medical clinic P Mining, Pit or Quarry (excluding accessory pit) 1 N Mining, Pit or Quarry (for accessory pit) 1 A Mortuary C Museum P Nursery, garden center and farm supply C Nursing or residential care facility 1 C Office security facility C Parking lot/parking garage (commercial) C Parks, public and private P Pawnshop P Personal and professional services P ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 10 Pharmacy P Photographic studio P Portable classroom/modular building (for private & public Educational Institutions) C Power plant N Processing plant N Professional offices C Public infrastructure; Public utility major, minor and yard 1 C Public utility yard N Recreational vehicle dump station A Recycling center N Research activities C Restaurant C Retail store/retail services C Retirement home C Riding Arena or Stable, Private/ Commercial N Salvage yard N Sand and gravel yard N Service building C Shooting range (Indoor/Outdoor) C/N Shopping center C Short Term Rentals 1 A Solid waste transfer station N Storage facility, outdoor (commercial)1 C Storage facility, self-service (commercial)1 C Swimming pool, commercial/public P ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 11 Television station C Temporary living quarters 1 N Terminal, freight or truck 1 N Truck stop C Turf farm N Vehicle emission testing 1 C Vehicle impound yard 1 N Vehicle repair, major 1 C Vehicle repair, minor 1 C Vehicle sales or rental and service 1 C Vehicle washing facility 1 C Vehicle wrecking, junk or salvage yard1 N Veterinarian office C Vineyard C Warehouse and storage C Wholesale sales C Winery C Wireless communication facility 1 C Woodworking shop N ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 12 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-4 35' 15’ to living area 20’ to garage face 15' 5' per story 20' MU 35' For MU and CBD - Unless otherwise approved by the Council as a part of a PUD or development agreement, all residential buildings shall follow the residential setbacks shown in this table based upon the project density and all other buildings shall follow setbacks for the C-2 zone 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. 3. All setbacks in the M-U zone shall be a minimum 15’ when adjacent to a residential use or zone. 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 units 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 ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 13 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. 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. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 14 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 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. 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 3.01 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. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 15 Mixed Use Generally suitable for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, light industrial, and/or residential depending upon the specific area designated as Mixed Use. See Mixed Use Implementation Policies for specific criteria. Development within this land use designation is to proceed through the PUD and/or development agreement process. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this land use designation will allow the development community to be more innovative in design and placement of structures. Development design guidelines should also be established to guide development within mixed-use areas. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. 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 subdivide in the future. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 16 8.5.7 Policies Related Mostly to The Mixed-Use Planning Areas A. Council, at their sole discretion, shall determine what mix of uses are appropriate for any mixed-use area considering existing property owners rights. B. Development within the Mixed-Use Designation is to proceed through the CUP, PUD, and/or Development Agreement process, and a concept plan must be included with any such proposed use. C. In general, mixed-use areas along state highways should be predominantly commercial with a very minor component of residential unless the residential is placed on upper floors as part of a mixed-use building. D. Mixed use areas along state and U.S. Highways where direct access to the state highway is prohibited, like along State Highway 16 between State Highway 44 and US Highway 20/26, should be predominately residential with a minor component of neighborhood commercial, or light industrial if sufficient roadway access, by means of backage or other roads, to the State Highway is provided. E. Mixed use areas located between commercial and residential land use designations are to provide a compatible transition between the higher intensity use of commercial and the lower intensity use of Estate and Neighborhood Residential. Uses for these mixed-use areas could include multi-family housing and or office related uses if determined by the Council through the public hearing process, to be appropriate 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: F. 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. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 17 PROJECT OVERVIEW ANNEXATION & REZONE: The applicant is requesting approval of an annexation and rezone application to change the zoning designation on 25.87 acres from Rural Urban Transitional (RUT) to Residential (R-4) and Mixed-Use (MU). This proposed residential zoning district would allow for a maximum residential density of 5 dwelling units per acre. The mixed-use zoning district would allow for uses envisioned within the Comprehensive Plan for this corner property on Star Road and Joplin Road. The property is located in an area that will be serviceable with central sewer and water provided by Star Sewer and Water District in the near future. Star Sewer and Water will be extending services along Joplin Road from the new sewer lift station completing construction on the west side of Star Road. The property will be accessed by a public road and currently has frontage on Joplin Road. All roads in the development will be public. The rezone request includes a development agreement that will address future density and development standards along with approved zoning uses for the mixed-use. PRELIMINARY PLAT: The Preliminary Plat submitted contains 71 total lots, 65 single family residential lots, 5 common lots and 1 mixed-use lot on 25.87 acres. Gross acreage of the residential portion of the property is 21.04 acres, which equates to 3.09 dwelling units per acre. Counting the overall acreage of the property, which is 25.87 acres, that equates to 2.51 dwelling units per acre. The lots will have access and frontage from public streets. The residential lots range in size from 5,250 square feet to 10,754 square feet with the average buildable lot being 5,927 square feet. All roads will be built to ACHD, City of Star and Star Fire District standards. The submitted preliminary plat is showing a 50 ft wide right of way with paved streets measuring 36 feet from back of curb to back of curb. Sidewalks are proposed to be 5 feet wide and attached throughout the development. The applicant has not provided documentation that street names have been obtained and approved. Applicant shall obtain and provide to the City street name approval documentation from the Ada County Street Naming Committee prior to signature of the final plat. The proposed Mixed-Use lot (Lot 37, Block 4) is 4.16 acres in size. The applicant has not indicated specific uses for this lot at this time. The application states that the proposed overall open space provided within the residential portion of the development is 5.43 acres including at least 2.36 acres (11%) usable open space. Some of the open space is “visual” in nature. In order to qualify as open space, open style fencing must be provided. Therefore, Lots 2-4, Block 1, and Lots 1-12, 14-36, Block 4 shall be conditioned to have open style fencing along the rear property lines adjacent to the common lot located along the southern, western and eastern boundaries of the residential portions of subdivision. The current Unified Development Code, Section 8-4E-2 requires a development of ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 18 this size to have a minimum of 2 site amenities. The applicant is proposing a pocket park with a shade ramada and a pathway along the southern portion of the property along the hillside and wetland area. There will also be three ponds in the development. These amenities satisfy the code requirement for development amenities. ADDITIONAL DEVELOPMENT FEATURES: • Gravel Extraction of Ponds The development will include the excavation of three ponds for future amenities within the development. It is assumed that the materials from the pond will be used on-site. Details including but not limited to noise, potential off-site haul routes, if applicable, operation hours, length of time, dust control and other issues shall be discussed with Council and conditioned appropriately with the approval of the application. • Ponds The future water features within the development shall be designed and maintained in a manner that protects the public safety. This will include aerators to prevent algae and mosquito issues, safety ring stations throughout the water feature locations, safety shelfs and erosion consideration. • Sidewalks Internal sidewalks are proposed at five-foot widths and will be attached throughout the development. • Lighting Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant has submitted a streetlight plan and cut sheet that DOES NOT meet City of Star requirements. Applicant must provide a streetlight design/cut sheet and location plan for City approval. This will be required at submittal of the final plat. • Street Names Applicant has not provided documentation from Ada County that the street names are acceptable and have been approved. This will be required at final plat. • Subdivision Name Applicant has provided a letter from Ada County that the subdivision name has been approved and reserved for this development. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 19 • Landscaping - As required by the Unified Development Code, Chapter 8, Section 8-8C-2- M Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. Section 8-8C-2, J5 states that a minimum of one deciduous shade tree per four thousand (4,000) square feet of common area shall be provided. The submitted landscape plan DOES NOT satisfy these requirements. Applicant shall provide an updated landscape plan that shows street trees per code, prior to signing the final plat. • Setbacks – The applicant is not requesting any set back waivers and will adhere to the R- 4 requirements outlined earlier in this report. For clarification, street side setback requirements do not apply when adjacent to a common lot. • Block – All blocks appear to meet the 750’ block length requirement. • Mailbox Cluster – Applicant has not provided documentation from a Postmaster depicting the approved location for the mailbox cluster for the development. This will be required prior to signing the final plat. • Mixed-Use Lot – Although there are no proposed uses with this application, the applicant has recognized that this lot would be for future commercial uses. Council should consider the uses allowed within the Mixed-Use zone and condition the Development Agreement accordingly if specific uses are not intended to be allowed. For example, Council may want to prohibit future Multi-Family or other commercial uses that may not be compatible with the proposed residential uses. • Phasing – The applicant has not provided a phasing plan for this development. A phasing plan shall be conditioned to be provided prior to submittal of the final plat application. DEVELOPMENT AGREEMENT Through the Development Agreement process, the applicant is proposing to work with the City and neighboring property owners to provide further insurances that the development will be built as presented and/or modified by the Council through the review process. Items that should be considered by the applicant and Council include the following: • Density; • Prohibited Commercial Uses • ITD Proportionate Share Fees; • Emergency Access • Gravel Extraction Operation ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 20 • Pond Operation and Maintenance • Allowed or Prohibited Uses within the Mixed Use AGENCY RESPONSES ITD Pending Star Fire District August 9, 2021 DEQ May 21, 2021 Ada County Development Services May 11, 2021 ACHD Pending West Ada School District July 6, 2021 Keller and Associates August 6, 2021 Central District Health May 12, 2021 PUBLIC RESPONSES No Public Comments Have Been Received. STAFF RECOMMENDATION Based upon the information provided to staff in the applications and agency comments received to date, the proposed annexation and zoning request and associated applications including the preliminary plat meets the requirements, standards and intent for development as they relate to the Comprehensive Plan and Unified Development Code. The proposed maximum allowed density of 3.08 dwelling unit per acre is within the range of 3-5 dwelling units per acre allowed in the Neighborhood Residential Comprehensive Plan Land Use Map. Staff is supportive of proposed diversity in lot sizes, housing sizes and density that the (R-4) zoning designation will provide. 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 or revised 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. A development agreement will also be brought back to the Council for review of proposed Conditions of Approval for the rezone. 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: ANNEXATION/REZONE FINDINGS: ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 21 1. The map amendment complies with the applicable provisions of the Comprehensive Plan. The purpose of the Star Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Star and its Impact Area. Some of the prime objectives of the Comprehensive Plan include: ✓ Protection of property rights. ✓ Adequate public facilities and services are provided to the people at reasonable cost. ✓ Ensure the local economy is protected. ✓ Encourage urban and urban-type development and overcrowding of land. ✓ Ensure development is commensurate with the physical characteristics of the land. The goal of the Comprehensive Plan for Land Use is to encourage the development of a diverse community that provides a mixture of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible provides an assortment of amenities within walking distance of a residential development. The Council must find compliance with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically, the purposes statement. The City must find that the proposal complies with the proposed district and purpose statement. The purpose of the residential districts is to provide regulations and districts for various residential neighborhoods with gross densities in compliance with the intent of the Comprehensive Plan designation. 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 in all districts exceeding one dwelling unit per acre. The purpose of the mixed-use district is to provide for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, and/or residential depending upon the specific comprehensive plan area designated as Mixed Use. Development within this zone is to proceed through the PUD process unless a development agreement has already been executed for the particular property. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this zone may allow the development community to be more innovative in design and placement of structures subject to Council review and approval. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. Residential uses may be part of an overall mixed-use development that includes a non- residential component and may not exceed 30% of the overall size of the development. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 22 The Council must find that there is no indication from the material submitted by any political agency stating that this annexation and zoning of this property will be materially detrimental to the public health, safety or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts. The Council must find that it has not been presented with any information from agencies having jurisdiction that public services will be adversely impacted other than traffic, which will continue to be impacted as the City grows. 5. The annexation is in the best interest of the city. The Council must find that this annexation is reasonably necessary for the orderly development of the City. 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. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 23 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 the Oaklawn Crossing Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. 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. ITD has calculated the fees to be $TBD. 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. 3. All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. 4. The applicant shall submit a Temporary Use application to the City for approval prior to the start of excavation of any pond. The excavation shall comply with all requirements set forth in Section 8-5-19C of the Star Unified Development Code pertaining to Accessory Pits. 5. A revised landscape plan shall be submitted at the time of final plat detailing the required street trees and showing open style fencing along the rear property lines adjacent to the common lot located along the southern, western and eastern boundaries of the subdivision for Lots 38-43, 45, 51, Block 1, and Lots 4-5, and 11, Block 3 of the approved preliminary plat. 6. 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 and energized prior to issuing of building permits. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Applicant/Owner shall submit a streetlight plan and design prior to Final Plat approval. Streetlights shall comply with the Star City Code regarding light trespass and “Dark Sky” initiative. 7. Street trees along the private street and landscaping along Brandon Road shall be installed per Chapter 8, including Section 8-8C-2-M(2) Street Trees. Applicant shall provide an updated landscape plan depicting compliance with this code, prior to signing the final plat. 8. The property with the approved Preliminary Plat shall be satisfactorily weed abated, preventing a public nuisance, per Star City Code. 9. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. ---PAGE BREAK--- OAKLAWN CROSSING SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT FILE # AZ-21-08/DA-21-10/PP-21-11 24 10. Pressurized irrigation systems shall comply with the Irrigation District(s) and the City of Star Codes. Plans for pressurized irrigation systems shall be submitted to, and approved by the City of Star Engineer, prior to installation. 11. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 12. A copy of the CC&R’s shall be submitted to the City of Star at Final Plat. 13. A letter from Ada County shall be provided approving the street names in the development and all names shall be reflected correctly on all pages of the final plat, before the mylar will be signed. 14. A letter from the US Postal Service shall be given to the City at Final Plat stating the subdivision is in compliance with the Postal Service. 15. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met, including annexation into the District. 16. 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, unless amended in the Development Agreement or CUP conditions. 17. 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. 18. All common areas shall be owned and maintained by the Homeowners Association. 19. 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. 20. A sign application is required for any subdivision signs. 21. Owner/Developer will agree to install a 2” (High Density Polyethylene) HDPE SDR-11 roll pipe in the shared utility trench to be used for future fiber optic and/or copper telecommunication cables. 22. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File Number AZ-21-08/DA-21-10/PP-21-11 for Oaklawn Crossing Subdivision on 2021. ---PAGE BREAK--- T4N, R1W, SEC. 19 March 19, 2021 NORTH OAKLAWN VICINITY MAP CROSSING ---PAGE BREAK--- City of Star P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] Preliminary Plat Application Form #520 Rev 2-2021 Page 1 of 13 ***All information must be filled out to be processed. Applicant Information: PRIMARY CONTACT IS: Applicant Owner Representative Applicant Name: Applicant Address: Zip: Phone: Email: Owner Name: Owner Address: Zip: Phone: Email: Representative architect, engineer, developer): Contact: Firm Name: Address: Zip: Phone: Email: Property Information: Subdivision Name: Site Location: Approved Zoning Designation of Site: Parcel Number(s): Zoning Designations: Zoning Designation Comp Plan Designation Land Use Existing Proposed North of site South of site East of site West of site PRELIMINARY PLAT APPLICATION FILE NO.: Date Application Received: Fee Paid: Processed by: City: 3 Antov Star Holdings, LLC 7629 E Pinnacle Peak Road #110, Scottsdale, AZ 85255 (480) 401-0800 [EMAIL REDACTED] Antov Star Holdings, LLC 7629 E Pinnacle Peak Road #110, Scottsdale, AZ 85255 (480) 401-0800 [EMAIL REDACTED] Teller Bard Kimley-Horn & Associates 950 W Bannock Street, Suite 1100, Boise, Idaho 83702 (208) 297-2885 [EMAIL REDACTED] Inspirado NEC of the Chinden Boulevard & Star Road intersection PUD S0420336300, S0420336500, S0420315200, S0420428200 RUT Residential/Commercial/Mixed Use Agricultural PUD Residential/Commercial/Mixed Use Residential & Commercial RUT Central Business/Residential Agricultural RUT Commercial Agricultural RUT Commercial Agricultural RUT Residential/Commercial Agricultural ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 2 of 13 SITE DATA: FLOOD ZONE DATA: (This Info Must Be Filled Out Completely Prior to Acceptance): Total Acreage of Site in Special Flood Hazard Area - a. A note must be provided on the final plat documenting the current flood zone in which the property or properties are located. The boundary line must be drawn on the plat in situations where two or more flood zones intersect over the property or properties being surveyed. b. FEMA FIRM panel(s): etc.: FIRM effective date(s): mm/dd/year Flood Zone(s): Zone X, Zone A, Zone AE, Zone AH, etc.: Base Flood Elevation(s): ft., etc.: c. Flood Zones are subject to change by FEMA and all land within a floodplain is regulated by Chapter 10 of the Star City Code. Public Streets - Private Streets - Describe Pedestrian Walkways (location, width, material) - Describe Bike Paths (location, width, material) - Total Acreage of Site - Breakdown of Acreage of Land in Contiguous Ownership - Total Acreage of Site in Special Flood Hazard Area - Dwelling Units per Gross Acre - Minimum Lot Size - Minimum Lot Width - Total Number of Lots - Residential - Commercial - Industrial - Common - Total Number of Units - Single-family - Duplex - Multi-family - Percent of Site and Total Acreage of Common Area - / Percent of Common Space to be used for drainage - Describe Common Space Areas (amenities, landscaping, structures, etc.) - Proposed Dedicated Lots & Acreage (school, parks, etc): 124.07 124.07 0 1.57 DU/AC 5,500 SF 50' 227 195 195 195 8 0 24 20.1 13.42 0.78% Swimming pool with clubhouse, pathways, pickleball courts, tot lot, picnic areas. N/A 16,565 0 Primarily concrete pathways meandering through open space and along all roadway. N/A 0 AC 16001C0140J 06/19/2020 Zone X N/A ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 3 of 13 d. Please see link for help with FEMA information e. All maps will delineate flood plain lines. PUBLIC SERVICES (Describe what services are available and agency providing service): Potable Water - Irrigation Water- Sanitary Sewer- Fire Protection - Schools - Roads - SPECIAL ON-SITE FEATURES (Yes or No – If yes explain in your narrative): Areas of Critical Environmental Concern - Floodplain - Evidence of Erosion - Fish Habitat - Historical Assets - Mature Trees - Riparian Vegetation - Steep Slopes - Stream/Creek - Unstable Soils - Unique Animal Life - Unique Plant Life - Application Requirements: (Applications are required to contain one copy of the following unless otherwise noted. When combining with other applications (Annexation, CUP, etc.) please include one paper copy for all applications) Applicant Description Staff Pre-application meeting with Planning Department required prior to neighborhood meeting. Copy of neighborhood meeting notice sent to property owners within 300 feet and meeting sign-in sheet. (Please contact the City for addresses & labels) (Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application.) Completed and signed Preliminary Plat Application Fee: Please contact the City for current fee. Fees may be paid in person with check or electronically with credit card. Please call City for electronic payment. Additional service fee will apply to all electronic payments. Narrative explaining the project. (must be signed by applicant) Legal description of the property (word.doc and pdf version with engineer’s seal) Recorded warranty deed for the subject property If the signature on this application is not the owner of the property, an original notarized statement (affidavit of legal interest) from the owner stating the applicant is authorized to submit this application. Approval of the proposed subdivision name from Ada County Surveyor’s office. One 8½” X 11” copy and electronic copy in pdf. format of vicinity map showing the location of the subject property One full-size copy and one 11” X 17” copy of the Preliminary Plat Electronic copy in pdf. format of Preliminary Plat One full-size copy and one 11” X 17” copy of the landscape plan Electronic copy in pdf. format of landscape plan Electronic copy in pdf. format of preliminary site grading & drainage plans Phasing plan shall be included in the application if the project is to be phased. Star Sewer & Water District Creason Lateral, Boise Project, Boise Kuna, Nampa & Meridian Star Sewer & Water District Star Fire West Ada School District ACHD No No No No No No No No Yes, Creason Lateral No No No X X X X X X X X X X X X X X X X ---PAGE BREAK--- Preliminary Plat Application Form #520 Rev 2-2021 Page 4 of 13 Letter of authorization from the local Post Office approving mailbox delivery to subdivision including location(s) of mailbox clusters. Locations shall be indicated on Preliminary Plat. List of name(s) and addresses of all canal or irrigation ditches within or contiguous to the proposed development. One copy of names and addresses printed on address labels, of property owners within three hundred feet (300’) of the external boundaries of the property being considered as shown on record in the County Assessor’s office. Please contact the City to request addresses and labels. Site report of the highest seasonal groundwater elevation prepared by a registered soils scientist. (If requested by City Engineer) Special Flood Information – Must be included on Preliminary Plat and Application form. One 8½” X 11” copy and electronic copy in pdf format of streetlight design and location information. Streetlights shall meet all City “Dark Sky” requirements. Written confirmation that a traffic impact study is not required and/or has been submitted for review to Ada County Highway District/Canyon Highway District No. 4/Idaho Transportation Department (if applicable). One copy of the Electronic versions of submitted application including neighborhood meeting information, signed application, narrative, legal description, warranty deed, vicinity map, preliminary plat, landscape plan, preliminary site grading & drainage plans, irrigation district information, streetlight design & location, confirmation of a traffic impact study shall be submitted in original pdf format (no scans for preliminary plat, landscape plans or grading and drainage plans) on a thumb drive only (no discs) with the files named with project name and plan type. We encourage you to also submit a colored version of the preliminary plat and/or landscape plan for presentation purposes prior to City Council. Signed Certification of Posting with pictures. (see attached posting requirements and certification form) – To be completed by application after acceptance of application. Staff will notify applicant of hearing and posting date. Property shall be annexed into Star Sewer and Water District prior to Final Plat approval. Please contact SSWD for details. FEE REQUIREMENT: I have read and understand the above requirements. I further understand fees will be collected at the time of filing an application. I understand that there may be other fees associated with this application incurred by the City in obtaining reviews or referrals by architect, engineering, or other professionals necessary to enable the City to expedite this application. I understand that I, as the applicant, am responsible for all payments to the City of Star. Applicant/Representative Signature Date X X X X X X X X X X ---PAGE BREAK--- ADA COUNTY, IDAHO APRIL 2021 OAKLAWN CROSSING PRELIMINARY LANDSCAPE PLAN SITE DATA PARCEL S0419417200 GROSS AREA: 25.87 ACRES NET AREA: 24.28 ACRES EXISTING ZONING: RUT PROPOSED ZONING: R-4 PROPOSED LOT COUNT: 71 PROPOSED OPEN SPACE: 2.36 ACRES THIS PLAN IS FOR CONCEPTUAL PURPOSED ONLY & REQUIRES DETAILSED SITE PLANNING, ENGINEERING & CITY/COUNTY APPROVALS. ACREAGE & DENSISTY IS ESTIMATED. LAND- SCAPING/AMENITY DEISGN IS ILLUSTRATIVE ONLY. ---PAGE BREAK--- JOPLIN ROAD STAR ROAD APN:S0419141960 APN:S0419427950 APN:S0419417750 36 35 34 33 13 2 1 4 3 10 18 9 17 23 22 14 21 12 20 11 19 8 7 6 5 1 2 3 4 5 6 7 8 17 13 16 15 14 11 12 10 9 2 4 3 6 1 29 28 27 26 31 30 32 5 8 7 6 5 4 11 1 10 2 9 3 15 16 25 24 37 BLOCK 4 BLOCK 4 BLOCK 1 BLOCK 2 BLOCK 2 BLOCK 3 BLOCK 1 BLOCK 4 (SECTION A) STANDARD LOCAL STREET N.T.S. (SECTION B) STAR ROAD LOOKING SOUTH N.T.S. **DEVELOPER IS SEEKING A MODIFICATION OF POLICY FROM ACHD TO ELIMINATE REQUIREMENT FOR S/W CONSTRUCTION DUE TO HARDSHIP CAUSED BY EXTREME EXISTING GRADES THAT WERE CONSTRUCTED WITH STAR ROAD. (SECTION D) JOPLIN ROAD LOOKING EAST N.T.S. (SECTION C) STANDARD PRIVATE ROAD (FAUX BRIDGE) LOOKING EAST N.T.S. NORTH PRELIMINARY PLAT A PORTION OF THE NE 1 4 OF SECTION 19 & SW 1 4 OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 1 WEST ADA COUNTY, IDAHO CIVIL ENGINEER LAND SURVEYOR OWNER/DEVELOPER VICINITY MAP PRELIMINARY PLAT DATA LEGEND OAKLAWN CROSSING LEGAL DESCRIPTION ” PRELIMINARY PLAT NOTES OAKLAWN CROSSING SHEET INDEX SHEET NUMBER SHEET TITLE ---PAGE BREAK--- JOPLIN ROAD STAR ROAD APN:S0419141960 APN:S0419427950 APN:S0419417750 NORTH ---PAGE BREAK--- JOPLIN ROAD STAR ROAD APN:S0419141960 APN:S0419427950 APN:S0419417750 1 BLOCK 4 BLOCK 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 BLOCK 1 BLOCK 2 BLOCK 2 BLOCK 3 BLOCK 1 ROAD 1 ROAD 3 ROAD 3 ROAD 6 ROAD 6 ROAD 5 ROAD 2 ROAD 4 MIXED USE D A B C A BLOCK 4 37 NORTH ---PAGE BREAK--- LOT AREA TABLE LOT NUMBER 1 2 3 4 5 6 7 8 9 10 11 BLOCK # BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 BLOCK 1 LOT AREA (SF) 16,027 5,530 5,508 8,049 10,754 6,647 5,249 5,250 5,250 5,250 5,250 LOT AREA (AC 0.37 0.13 0.13 0.18 0.25 0.15 0.12 0.12 0.12 0.12 0.12 LOT AREA TABLE LOT NUMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 BLOCK # BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 BLOCK 2 LOT AREA (SF) 82,407 5,750 5,750 5,750 5,750 5,750 5,750 5,750 5,478 5,515 5,843 5,887 5,887 5,887 5,887 5,609 5,374 LOT AREA (AC 1.89 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.14 0.14 0.14 0.14 0.13 0.12 LOT AREA TABLE LOT NUMBER 1 2 3 4 5 6 BLOCK # BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 LOT AREA (SF) 13,588 5,250 5,250 5,250 5,250 5,250 LOT AREA (AC 0.31 0.12 0.12 0.12 0.12 0.12 LOT AREA TABLE LOT NUMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 BLOCK # BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 LOT AREA (SF) 5,514 6,036 9,268 6,599 5,500 5,732 5,771 5,771 5,771 5,771 5,771 5,771 236,436 5,981 5,807 5,807 5,807 5,807 5,807 5,807 5,807 5,950 5,950 5,950 6,929 7,553 1,060 5,750 5,750 5,750 5,750 5,750 181,393 LOT AREA (AC 0.13 0.14 0.21 0.15 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 5.43 0.14 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.14 0.14 0.14 0.16 0.17 0.02 0.13 0.13 0.13 0.13 0.13 4.16 ---PAGE BREAK--- GROWING POSSIBILITIES 100 E Bower Street, Suite 110 Meridian, ID 83642 (208) 288-1992 203010-412 Preliminary Plat Review Letter August 6, 2021 Mayor Trevor Chadwick City of Star P.O. Box 130 Star, ID 83669 Re: Oaklawn Crossing Subdivision Preliminary Plat Application Dear Mayor: Keller Associates, Inc. has reviewed the Preliminary Plat for the Oaklawn Crossing Subdivision dated April 15, 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. A street light will be required at the intersection of Brock and Joplin. Streetlighting 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. 2. Landscape plans including fencing, buffer areas, and street trees will have to conform to the City subdivision ordinance. 3. Historic irrigation lateral, drain, and ditch flow patterns shall be maintained unless approved in writing by the local irrigation district or ditch company. 4. Finish grades at subdivision boundaries shall match existing finish grades. Runoff shall be maintained on subdivision property unless otherwise approved. 5. 10-foot easements for pressure irrigation lines will need to be shown once the applicant determines the alignment location(s) for the facilities. Also, show all ditch and drainage easements. We recommend that the preliminary plat be APPROVED with the conditions listed above. 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--- ADA COUNTY DEVELOPMENT SERVICES 200 W. FRONT STREET, BOISE, IDAHO 83702-7300 PHONE (208) 287-7900 FAX (208) 287-7909 BUILDING • COMMUNITY PLANNING • ENGINEERING & SURVEYING • PERMITTING May 11, 2021 Shawn Nickel City of Star Planning & Zoning 10769 W State St Star, ID 83669 RE: AZ-21-08 / 8005 W Joplin Road / Oaklawn Crossing Subdivision Shawn, The City of Star has requested feedback regarding the proposed annexation and preliminary plat for the Oaklawn Crossing Subdivision, which will consist of 65 single-family homes and one commercial lot on 25.9 acres located at 8005 W. Joplin Road. Ada County supports the application due to its compatibility with the Star Comprehensive Plan, as adopted by Ada County, as designates the site as Medium Density Residential, which is primarily intended for single-family residential development at densities of up to four units per acre. The proposal to set aside 5.4 acres as common area, which will include a ramada, ponds and pathways, is compatible with Residential Policy 3 of the Star Comprehensive Plan which encourages neighborhood parks and open spaces to be provided within residential areas, and the proposal to protect and enhance the hillside and wetlands along the southern portion of the site is supported by Recreation, Parks, Open Space and Pathways Policy 13, which calls for the protection of steep slopes and surface waters in order to preserve the natural lay of the land. The commercial lot on the northwest corner of the site and its connection to the residential area is compatible with Mixed Use Policy 6 which encourages residential and commercial uses to be located close together, and the stub street proposed to the east is supported by Goals 4.3 and 4.3d of the Ada County Comprehensive Plan which support the development of well-connected local transportation systems, and the construction of stub streets that will connect to future developments on adjacent lands wherever possible. As the property does not currently abut city limits, it is important that approval of the development and associated annexation be contingent upon the subject property first becoming contiguous to city limits. Thank you for this opportunity to provide feedback. Sincerely, Brent Moore, MCMP, AICP Community & Regional Planner Ada County Development Services ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Oaklawn Crossing Subdivision DATE: August 9, 2021 TO: City of Star, Planning & Zoning FROM: Victor Islas, Deputy Chief SUBJECT: Fire District Review PROJECT NAME: Oaklawn Crossing Subdivision (AZ-21-08, DA-21-10, PP-21-11) 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 4 miles with a travel time of 2 minutes under ideal driving conditions to the proposed entrance of the development off Star Rd. 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. 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 always maintain access for emergency vehicles. Hydrants shall always remain unobstructed per city code. One- or two-family dwelling residential developments: Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall provide with at least two separate and approved fire apparatus access roads. Review Note: The proposed two entrances into the development meet the intent of the Fire Code. The fire district requires that Autoturn models be submitted for review. Autoturn models should be reflect the utilization of a 36’ long fire engine and a 50’ long ladder truck. Traffic calming devices will require approval by the Fire District. An unobstructed vertical clearance of no less than 13 feet 6 inches shall be always maintained. ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Oaklawn Crossing Subdivision 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. Special Systems/Resources: None Water Supply: 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. ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Oaklawn Crossing Subdivision Additional Comments: Side Setback as per City Code. Any modification to setback will require review and approval by the Fire District. 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. Additional life safety review and permitting will be needed for any commercial structures or mixed use. ---PAGE BREAK--- July 6, 2021 City of Star P.O. Box 130 Star, ID 83669 RE: Oaklawn Crossing Subdivision, PP-21-11 Dear Planners: Joint School District No. 2 (dba West Ada School District) has experienced significant and sustained growth in student enrollment during the last ten years. Applying our Student Generation Rate per SF dwelling unit, .1 per MF dwelling unit), to the Oaklawn Crossing Subdivision we predict these homes, when completed, could house 46 school aged children. Approval of this development could affect enrollments at the following schools in West Ada District: West Ada School District supports economic growth. To meet the need for additional school capacity, West Ada School District will accept the donation of land appropriate for a school site. Passage of a bond issue will be required prior to the commencement of new school construction. Residents cannot be assured of attending the neighborhood school(s) as it may be necessary to bus students to available classrooms across the district. The safety of our students is our first and foremost priority. With this in mind, we ask that you encourage the developer to provide safe walkways, bike baths and pedestrian access for our students. School capacity and transportation is addressed in Idaho Code 67-6508 - future development will continue to have an impact on the district’s capacity. Sincerely, Marci Horner Planning and Development Administrator Enrolled for 21-22 Capacity Approved prelim plat parcels per attendance area Approved MF units per attendance area Pleasant View Elementary [PHONE REDACTED] 21 Star Middle School 804 1000 7611 278 Owyhee High School 1431 1800 5533 58 Galileo STEM Academy (K-8 school of choice) 760 775 N/A N/A ---PAGE BREAK--- May 21, 2021 By e-mail: [EMAIL REDACTED] City of Star P.O. Box 130 Star, Idaho 83669 Subject: Oaklawn Crossing Subdivision, AZ-21-08/DA-21-10/PP-21-11 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 May 21, 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. ---PAGE BREAK--- Response to Request for Comment May 21, 2021 Page 3 • 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. • 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 ---PAGE BREAK--- Response to Request for Comment May 21, 2021 Page 4 • 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. 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. ---PAGE BREAK--- Response to Request for Comment May 21, 2021 Page 5 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#: 2021AEK94 ---PAGE BREAK--- ---PAGE BREAK--- BRUCE BORUP PRIVATE STREET – PR-21-10 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Ryan B. Field, Assistant City Planner MEETING DATE: August 17, 2021 – PUBLIC HEARING FILE(S) PR-21-10 Private Street OWNER/APPLICANT/REPRESENTATIVE Property Owner/Applicant: Representative: Bruce Borup Jeremy Fielding 303 S. Star Road Eagle Land Surveying, LLC Star, ID 83669 106 W, Main Street Middleton, ID 83644 REQUEST Request: The Applicant is seeking approval of a Private Street to access a newly created residential parcel as part of a one-time division. The property is 1.94 acres and is located at 303 S. Star Road, Star, Idaho. PROPERTY INFORMATION Property Location: The subject property is generally located on the west side of S. Star Road, approximately 1,000 feet south of W. State Street. Ada County Parcel Number S0418110201. ---PAGE BREAK--- BRUCE BORUP PRIVATE STREET – PR-21-10 2 CODE DEFINITIONS UNIFIED DEVELOPMENT CODE: 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 through a Planned Unit Development or Development Agreement. 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. 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--- BRUCE BORUP PRIVATE STREET – PR-21-10 3 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 Road 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 road 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 road 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 road 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--- BRUCE BORUP PRIVATE STREET – PR-21-10 4 C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 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 C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. PROJECT OVERVIEW The applicant is requesting approval of a private street to access a new residential parcel, created by a lot split, on his personal property. The current drive to the existing house will be improved and become a private street servicing both parcels. The Fire District has recommended approval of the request. The private street shall be paved its entire length. AGENCY RESPONSES Star Fire District June 21, 2021 ACHD August 10, 2021 PUBLIC RESPONSES There have been no public responses to this application. STAFF RECOMMENDATION Based upon the information provided to staff in the applications and agency comments received to date, the proposed private street meets the requirements, standards and intent for development as they relate to the Comprehensive Plan and Unified Development Code. 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 or revised 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. ---PAGE BREAK--- BRUCE BORUP PRIVATE STREET – PR-21-10 5 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: 8-4D-4: PRIVATE STREET FINDINGS: The Applicant is requesting approval of a private gate at the entrance to a private street per the Unified Development Code requirements. The Council finds that: A. The design of the private street (and gate) meets the requirements of this article; B. Granting approval of the private street (gate) would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and C. The use and location of the private street (gate) will not conflict with the comprehensive plan and/or the regional transportation plan. PROPOSED CONDITIONS OF APPROVAL 1. The applicant shall meet all requirements of the Star Fire District including the following: 1. IFC 2015 Appendix D Fire Apparatus Access Roads Proper dead-end fire apparatus access road turnaround must be included; 2. Final inspection by Fire District on any kind of water supply and turnaround. 2. The private street shall be paved its entire length. 3. The applicant shall meet the requirements of ACHD. 4. Any gates to be installed, now or in the future would require separate City Council approval. 5. All road maintenance will be solely the responsibility of the homeowners. The road shall be maintained and accessible to emergency services at all times. 6. Any other specific conditions by Council or Staff. COUNCIL DECISION The Star City Council File #PR-21-10 for Private Street on 2021. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT DATE: June 21, 2021 TO: City of Star Bruce Borup FROM: Victor Islas, Deputy Chief SUBJECT: Fire District Emergency Access PROJECT NAME: Lot Split 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. 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. Review Note: The Fire District has reviewed the submitted Record of Survey -Lot Split on June 21, 2021. The plan was submitted by Bruce Borup of Alpine Homes LLC. The submitted plans meet the intent of the 2018 IFC for Fire Department Access. Please note that any changes to the plans will need to be resubmitted for review and approval. Additional Comments: None ---PAGE BREAK--- Kent Goldthorpe, President Dave McKinney, Vice-President Jim D. Hansen, Commissioner Mary May, Commissioner Alexis Pickering, Commissioner Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org August 10th, 2021 To: Bruce Borup 303 S Star Road Star, ID 83669 Subject: STAR21-0002/ PR-21-10 303 S Star Road Private Street The applicant is requesting approval of a private street to access a newly created residential parcel as part of a one-time division on 1.94 acres. A. Findings of Fact 1. Private Roads a. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The private road should have the following requirements: • Designed to discourage through traffic between two public streets, • Graded to drain away from the public street intersection, and • If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.6 states that direct access to minor arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1a under District policy 7205.4.6, unless a waiver for the access point has been approved by the District Commission. Driveway Location Policy: District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized intersection with a single left turn lane shall be located a minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a minimum of 660-feet from the intersection for a full-movement driveway. ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org District policy 7205.4.5 requires driveways located on minor arterial roadways from a signalized intersection with a dual left turn lane shall be located a minimum of 330-feet from the nearest intersection for a right-in/right-out only driveway and a minimum of 710-feet from the intersection for a full-movement driveway. Successive Driveways: District policy 7205.4.6 Table 1a, requires driveways located on minor arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 330-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8. Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross access utilizes a single vehicular connection that serves two or more adjoining lots or parcels so that the driver does not need to re-enter the public street system. b. Applicant Proposal: The applicant is proposing to construct a 24-foot wide private road from the site onto Star Road located approximately 16-feet south of the site’s north property line (measured property line to centerline). c. Staff Comments/Recommendations: The applicant’s proposal to construct a 24-foot wide private road from the site onto Star Road located approximately 16-feet south of the site’s north property line does not meet the District’s Successive Driveways policy which requires driveways located on minor arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 330-feet from any existing or proposed driveway. However, staff recommends approval of the location, as proposed, due to the fact the applicant cannot meet the offset due to the limited site frontage. If the City of Star approves the private road, the applicant shall be required to pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of all public streets and install pavement tapers with 15- foot curb radii abutting the existing roadway edge. If private roads are not approved by the City of Star, the applicant will be required to revise and resubmit the preliminary plat to provide public standard local streets in these locations. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org • Dedicate a minimum of 50-feet of right-of-way for the road. • Construct the roadway to the minimum ACHD requirements. • Construct a stub street to the surrounding parcels. B. Site Specific Conditions of Approval 1. Construct a 24-foot wide private road from the site onto Star Road located 16-feet south of the site’s north property line, as proposed. Construct the approach for the roadway onto Star Road as a curb return type approach. 2. Pave the private road its full width and at least 30-feet into the site from the edge of pavement of Star Road. 3. Install street name and stop signs for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 4. Site Specific 5. A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a building permit. For any questions regarding the traffic impact fee please contact ACHD’s Impact Fee Administrator, Austin Miller, at [EMAIL REDACTED] or (208)387-6335. 6. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7. Comply with the Standard Conditions of Approval as noted below. C. Traffic Information Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH) Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Star Road 33-feet Minor Arterial 562 Better than * Acceptable level of service for a two-lane minor arterial is (575 VPH). Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD’s most current traffic counts • The average daily traffic count for Star Road south of State Highway 44 was 11,721 on 09/02/2020. D. Attachments 1. Vicinity Map 2. Site Plan 3. Standard Conditions of Approval 4. Appeal Guidelines ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org If you have any questions, please feel free to contact me at (208) 387-6346. Sincerely, Brenna Garro Planner 1 Development Services cc: City of Star (Shawn Nickel) ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org VICINITY MAP ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org SITE PLAN ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-[PHONE REDACTED]) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. ---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 HDP SELLWOOD, LLC, 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 HDP Sellwood, LLC, 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 Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a ---PAGE BREAK--- 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 any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. ---PAGE BREAK--- 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 Owner(s): HDP Sellwood, LLC 708 Main Street Evanston, IL 60202-1702 ---PAGE BREAK--- 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: 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 , 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--- Page 1 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT ORDINANCE #342-2021 (Star / CDH4 – Transportation Impact Fee Code) AN ORDINANCE OF THE CITY OF STAR, ADA AND CANYON COUNTIES, IDAHO, CREATING ARTICLE B TO TITLE 7 CHAPTER 3 OF THE STAR CITY CODE, CREATING A SHORT TITLE, APPLICABILITY, FINDINGS AND PURPOSE; CREATING DEFINITIONS; IMPOSING OF TRANSPORTATION IMPACT FEE; COLLECTING OF TRANSPORTATION IMPACT FEES; ALLOWING FOR CERTAIN EXEMPTIONS; CREATING AN INDIVIDUAL ASSESSMENT PROCESS; CREATING DEVELOPER CREDITS AND REIMBURSEMENTS; IDENTIFYING THE METHODOLOGY FOR THE CALCULATIONS OF TRANSPORATION IMPACT FEES; DEFINING EXTRAORDINARY IMPACTS; ALLOWING FOR FEE PAYER REFUNDS; ESTABLISHING FOR TRANSPORTATION IMPACT FEE TRUST FUND AND TRUST ACCOUNTS; EXDPENDITURE OF TRANSPORTATION IMPACT FEES; ALLOWING FOR APPEALS, PROTEST AND MEDIATION; REQUIRING PERIDOIC REVIEWS; OUTLINING AN AUDIT PROCESS; CREATING A JOINT DEVELOPMENT IMPACT FEE ADVISORY STANDING COMMITTEE; ALLOWING FOR ENFORCEMENT AND COLLECITON OF IMPACT FEES; ADOPTION AND AUTHORIZATION OF A CITY / HIGHWAY DISTRICT INTERGOVERNMENTAL AGREEMENT; ALLOWING FOR CERTAIN MISCELLANEOUS PROVISIONS; CREATING A PUNISHMENT SECTION; CONSTRUCTION OF INTENT OF ARTICLE; PROVIDING FOR SEVERBILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Star, Idaho, is a municipal corporation organized and operating under the laws of the State of Idaho, and WHEREAS, the City of Star, Idaho, has the authority to make and amend all such ordinances not inconsistent with the laws of the state of Idaho as may be expedient to maintain the peace, good government and welfare of the city and its trade, commerce, and industry; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF STAR, IDAHO, AS FOLLOWS: Title 7, Chapter 3, Article B, is hereby added, as follows: 7-3B-1: Short Title, Applicability, Findings And Purpose 7-3B-2: Definitions 7-3B-3: Imposition Of Transportation Impact Fee 7-3B-4: Collection Of Transportation Impact Fees 7-3B-5: Exemptions 7-3B-6: Individual Assessment Process 7-3B-7: Developer Credits And Reimbursement 7-3B-8: Methodology For The Calculation Of Transportation Impact Fees 7-3B-9: Extraordinary Impacts 7-3B-10: Fee Payer Refunds 7-3B-11: Establishment Of Transportation Impact Fee Trust Fund And Trust Accounts 7-3B-12: Expenditure Of Transportation Impact Fees ---PAGE BREAK--- Page 2 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT 7-3B-13: Appeals, Protest And Mediation 7-3B-14: Periodic Reviews 7-3B-15: Audit 7-3B-16: Joint Development Impact Fee Advisory Standing Committee 7-3B-17: Enforcement And Collection 7-3B-18: City/Highway District Intergovernmental Agreement 7-3B-19: Miscellaneous Provisions 7-3B-20: Punishment 7-3B-21: Construction Of Intent 7-3B-1: SHORT TITLE, APPLICABILITY, FINDINGS AND PURPOSE: A. Short Title: This article shall be known and may be cited as the TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE. B. Authority: This article is enacted pursuant to the City's general police powers, its authority to enact ordinances, and its authority as provided by the Idaho Development Impact Fee Act codified at chapter 82 of title 67, Idaho Code (the "Act") and other applicable laws of the State of Idaho to impose development impact fees; and the City's and the Highway District’s authority to enter into an Intergovernmental Agreement as provided for in Idaho Code section 67-8204A to impose, collect and expend development impact fees. C. Applicability: Except as otherwise exempted in section 7-3B-3 of this article, these provisions shall apply to the development of property located within the boundaries of the City of Star, Idaho. D. Findings: 1. The Canyon Highway District No. 4, (the "Highway District") is a highway district organized and existing by virtue of the Highway District Law chapter 13 of title 40, Idaho Code, and its boundaries include all areas within the City limits of the City and areas surrounding the City within Canyon County; and 2. The City and the Highway District have entered into a Joint Powers Agreement (“Canyon 4/Star Public Agency Coordination Agreement, June 6, 2007”), which provides in part that in the best interest of administration of the highways within the area to be annexed by the City within Canyon County, the Highway District will maintain general supervision over all secondary highways which lie both within the City and in Canyon County; and 3. The Highway District's duties include the responsibility to construct and improve all highways within their system; and 4. The City is experiencing considerable growth and development; and ---PAGE BREAK--- Page 3 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT 5. The purposes of this Act are as follows: a. Ensure that adequate public facilities are available to serve new growth and development; b. Promote orderly growth and development by establishing uniform standards by which local governments, such as the City and the Highway District, may require those who benefit from new growth and development pay (development impact fees) their proportionate share of the costs of new public facilities needed to serve that new growth and development; and c. Establish minimum standards for adoption of development impact fee ordinances by cities; and d. Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve that new growth and development and to prevent duplicate and ad hoc development requirements; and e. To empower cities to adopt ordinances to impose development impact fees. 6. The Act: a. Does not authorize the Highway District to enact a development impact fee ordinance; and b. Does provide, pursuant to Idaho Code section 67-8204A, in circumstances where the City and the Highway District are both affected by the considerable growth and development as is occurring within the City, that the City and the Highway District may enter into the Intergovernmental Agreement for the purpose of agreeing to collect and expend development impact fees for system improvements which provides for a new funding mechanism for those system improvements costs incurred by the Highway District to meet the demand and growth occurring within the City and which promotes and accommodates orderly growth and development and protects the public health, safety and general welfare of the residences within the boundaries of the City. 7. New residential growth within the City imposes and will impose increasing and excessive demands upon the existing Transportation Capital Facilities. 8. The tax revenues generated from new residential development within the City often do not generate sufficient funds to provide the necessary improvements and expansion of existing Transportation Capital Facilities to accommodate for that new growth. 9. New growth within the City is expected to continue, and will place ever-increasing demands on the Highway District to provide and expand the Transportation Capital Facilities to serve that new growth. 10. Section 67-8204A of the Act authorizes the City to adopt an impact fee system and to enter into the Intergovernmental Agreement with the Highway District to offset, recoup, ---PAGE BREAK--- Page 4 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT or reimburse the portion of the costs of needed improvements to the Transportation Capital Facilities caused by new growth and development in the City. 11. The creation of an equitable impact fee system facilitated by the Intergovernmental Agreement with the Highway District, will promote the purposes set forth in the Act, in that it would: a. ensure that adequate Transportation Capital Facilities are available to serve new growth and development; b. promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share of the cost of new Transportation Capital Facilities needed to serve new growth and development in the City; c. establish minimum standards for the adoption of Transportation Impact Fees; d. ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of Transportation Capital Facilities needed to serve new growth and development in the City; and e. prevent duplicate and ad hoc development requirements in the City. 12. The City and Highway District have formed the Joint Advisory Committee as required by Idaho Code section 67-8205, and the committee has performed the duties required of it pursuant to Idaho Code sections 67-8205 and 67-8206(2). The City and these agencies intend that the committee will continue to exist and perform those duties identified in Idaho Code section 67-8205 that occur following the adoption of this article. 13. The Highway District has planned for the improvement of Transportation Capital Facilities in the Capital Improvements Plan. 14. The creation of an equitable impact fee system would enable the City to accommodate new development and would assist the Highway District to implement the capital improvements element of the Capital Improvements Plan. 15. In order to implement an equitable impact fee system, the City adopted by resolution dated , 2021 and the Highway District adopted (May 12, 2021) the Mid-Star Impact Fee Study and Capital Improvements Plan (the "Capital Improvements Plan"). Kittleson & Associates, Inc. was hired by the Highway District to assist the Joint Advisory Committee in the preparation of the study. 16. The methodology used in the Capital Improvements Plan, as applied through this article, complies with all applicable provisions of Idaho law, including those set forth in Idaho Code sections 67-8204(1), (16) and (23), 67-8207 and 67-8209. The incorporation of the Capital Improvements Plan by reference satisfies the requirement in Idaho Code section 67-8204(16) for a detailed description of the methodology by which the Transportation Impact Fees were calculated, and the requirement in Idaho Code section ---PAGE BREAK--- Page 5 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT 67-8204(24) for a description of acceptable levels of service for transportation system improvements. 17. In determining the proportionate share of system improvements costs, the Capital Improvements Plan has considered: a. the cost of the existing system improvements; b. the means by which the existing system improvements have been financed; c. the extent to which the new development will contribute to system improvements costs through taxation, assessment, or developer or landowner contributions, or has previously contributed to system improvements costs through developer or landowner contributions; d. the extent to which the new development is required to contribute to system improvements costs in the future; e. the extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas; f. extraordinary costs, if any, incurred in serving the new development; g. the time and price differential inherent in a fair comparison of fees paid at different times; and h. the availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation and includes a plan for alternative sources of revenue. 18. The Capital Improvements Plan contains the capital improvements planned by the Highway District during the term of the Capital Improvements Plan, and such element has been developed in conformance with the requirements in chapter 82 of title 67, Idaho Code. 19. The Capital Improvements Plan sets forth reasonable methodologies and analyses for determining the impacts of various types of new development on the Transportation Capital Facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such facilities created by new development. 20. In accordance with Idaho Code, the Capital Improvements Plan was based on actual system improvements costs or reasonable estimates of such costs. In addition, the Capital Improvements Plan uses a fee calculation methodology that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers. 21. The Transportation Impact Fees established by this article are based on the Capital Improvements Plan, and do not exceed system improvements costs to serve new development that will pay the Transportation Impact Fees. ---PAGE BREAK--- Page 6 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT 22. The Transportation Capital Facilities included in the calculation of fees in the Capital Improvements Plan will benefit all new residential development throughout the City, and it is therefore appropriate to treat all areas of the City located within Canyon County as a single service area for purposes of calculating, collecting, and spending the Transportation Impact Fees collected from developers. 23. There is both a rational nexus and a rough proportionality between development impacts created by each type of development covered by this article, the development impact fees assessment of such development covered by this article, and the development impact fees that such developer will be required to pay. 24. This article creates a system by which development impact fees paid by developers will be used to finance, defray, or reimburse a portion of the costs incurred by the Highway District to construct and/or purchase system improvements in ways that benefit the development for which each development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with Idaho Code section 67-8210. 25. This article creates a system under which development impact fees shall not be used to correct existing deficiencies for any Transportation Capital Facilities, or to replace or rehabilitate existing Transportation Capital Facilities, or to pay for routine operation or maintenance of those facilities. 26. This article creates a system under which there shall be no double payment of development impact fees, in accordance with Idaho Code section 67-8204(19). 27. This article is consistent with all applicable provisions of the Act concerning development impact fee ordinances. E. Purpose: 1. This article is adopted to be consistent with, and to help implement the Capital Improvements Plan. 2. The intent of this article is to ensure that new residential development bears a proportionate share of the cost of system improvements; to ensure that such proportionate share does not exceed the cost of such system improvements required to accommodate new development; and to ensure that funds collected from new development are actually used for system improvements in accordance with the Act. 3. It is the further intent of this article to be consistent with those principles for allocating a fair share of the cost of system improvements to new development, and for adopting development impact fee ordinances, established by the Act. 4. It is not the intent of this article to collect any money from any new development in excess of the actual amount necessary to offset new demands for system improvements created by such new development. ---PAGE BREAK--- Page 7 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT 5. It is the intent of this article that any monies collected, as an imposed Transportation Impact Fee, are deposited in the trust accounts of the Trust Fund, are never commingled with monies from a different impact fee account, are never used for a development impact fee component different from that for which the fee was paid, are never used to correct current deficiencies in the Transportation Capital Facilities, and are never used to replace, rehabilitate, maintain or operate any Transportation Capital Facilities. (Ord. 278, 10-2-2018) 7-3B-2: DEFINITIONS: As used in this article, the following words and terms shall have the following meanings, unless another meaning is plainly intended and words and terms appearing in the singular number includes the plural and the plural the singular: ACT: Shall mean the Idaho Development Impact Fee Act as set forth in chapter 82 of title 67, Idaho Code. APPROPRIATE: Shall mean to legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the Board of Commissioners. BOARD OF COMMISSIONERS: Shall mean the Board of Commissioners of the Canyon Highway District No. 4, which is its Governing Board. BUILDING PERMIT: Shall mean the permit required for foundations, new construction and additions pursuant to section 7-1-5 of this title. CAPITAL IMPROVEMENTS: Shall mean improvements with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of Transportation Capital Facilities. CAPITAL IMPROVEMENTS ELEMENT: Shall mean a component of the Capital Improvements Plan identified as Exhibit “Mid-Star Traffic Impact Fee Program and Capital Improvement Plan, May 7, 2021” adopted by the Highway District and the City pursuant to chapters 65 and 82 of title 67, Idaho Code, and as amended, which component meets the requirements of the capital improvements plan required by the Act. CAPITAL IMPROVEMENTS PLAN: Shall mean the Mid-Star Traffic Impact Fee Program and Capital Improvement Plan, May 7, 2021 recommended by the Joint Advisory Committee and adopted by the Highway District and the City pursuant to the Act that identifies Transportation Capital Facilities for which Transportation Impact Fees may be used as a funding source and on file in the City as exhibit A. CITY: Shall mean the City of Star. ---PAGE BREAK--- Page 8 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT CITY COUNCIL: Shall mean the City Council of the City of Star. DEVELOPER: Shall mean any person or legal entity undertaking development including a development that seeks an annexation into the City and/or undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334, as amended. DEVELOPMENT: Shall mean any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the annexation into the City and/or subdivision of property that would permit any change in the use, character or appearance of land. DEVELOPMENT APPROVAL: Shall mean any written duly authorized document from the City which authorizes the commencement of a development. DEVELOPMENT REQUIREMENT: Shall mean a requirement attached to a developmental approval or other City governmental action approving or authorizing a particular development project including, but not limited to, a rezoning, which requirement compels the payment, dedication or contribution of goods, services, land or money as condition of approval. EXTRAORDINARY COSTS: Shall mean those costs incurred as result of an extraordinary impact. EXTRAORDINARY IMPACT: Shall mean an impact which is reasonably determined by the Highway District to: a) result in the need for transportation system improvements, the cost of which will significantly exceed the sum of the development impact fees to be generated from the project or the sum agreed to be paid pursuant to a development agreement as allowed by Idaho Code section 67-8214(2), as amended; or b) result in the need for transportation system improvements which are not identified in the capital improvements plan. FEE PAYER: Shall mean the person who pays or is required to pay a Transportation Impact Fee. A fee payer may include a developer. HIGHWAY DISTRICT: Shall mean the Canyon Highway District No. 4, a highway district organized and existing by virtue of the Highway District Law, chapter 13 of title 40, Idaho Code. HIGHWAY DISTRICT ADMINISTRATOR: Shall mean the Officer of Administration of the Highway District or their designee. INTERGOVERNMENTAL AGREEMENT: Shall mean the City of Star/Canyon Highway District No. 4 Intergovernmental Agreement to Collect and Expend Development Impact Fees For Transportation Systems Improvements entered into by and between the City and the Highway District pursuant to Idaho Code section 67-8204A for the collection and expenditure of Transportation Impact Fees established pursuant to this article and on file in the City as exhibit B. ---PAGE BREAK--- Page 9 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT JOINT ADVISORY COMMITTEE: Shall mean the City of Star/Highway District Joint Development Impact Fee Advisory Committee formed and staffed by the City and the Highway District pursuant to Idaho Code section 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions or updates of the same. LAND USE ASSUMPTIONS: Shall mean a description of the service area and projections of land uses, densities, intensities and population in the service area over at least a ten (10) year period. LEVEL OF SERVICE: Shall mean a measure of the relationship between service capacity and service demand for public facilities. MANUFACTURED/MOBILE HOME: Shall mean a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in such structure, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC section 5401 et seq. MODULAR BUILDING: Shall mean any building or building component other than a manufactured/mobile home, which is constructed according to the International Building Code, as adopted or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. PRESENT VALUE: Shall mean the total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money. PROJECT: Shall mean a particular development on an identified parcel of land. PROJECT IMPROVEMENTS: In contrast to system improvements, shall mean site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project. PROPORTIONATE SHARE: Shall mean that portion of system improvements costs determined pursuant to Idaho Code section 67-8207 which reasonably relates to the service demands and needs of the project. ---PAGE BREAK--- Page 10 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT PUBLIC FACILITIES: Shall mean roads, bridges, and other highway appurtenances which have a useful life of ten (10) years or more. RECREATIONAL VEHICLE: Shall mean a vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. SCC: Shall mean the Star City Code, the official Code of ordinances of the City. SERVICE AREA: Shall mean any defined geographic area within the City as identified by the Capital Improvement Plan in which specific public facilities provide service to development within the areas defined, on the basis of sound planning or engineering principles or both. For purposes of this article, there shall be one service area encompassing all of the City of Star and its transportation area of influence, the “Mid-Star Service Area” as defined in the Capital Improvement Plan. SERVICE UNIT: Shall mean a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements. As specifically used in this article, service units include the additional vehicle miles traveled on the Transportation Capital Facilities in the PM peak hour attributed to new growth and development. SYSTEM IMPROVEMENTS: In contrast to project improvements, shall mean capital improvements to public facilities which are designed to provide service to a service area. For the purpose of this article, system improvements are for Transportation Capital Facilities. SYSTEM IMPROVEMENTS COSTS: Shall mean costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs, and also including, without limitation, the type of costs described in Idaho Code section 50-1702(h), as amended, to provide additional public facilities needed to service new growth and development. For clarification, system improvements costs do not include: A. Construction, acquisition or expansion of public facilities other than capital improvements identified in the Capital Improvements Plan; B. Improvements, repair, operation or maintenance of existing or new capital facilities; C. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; D. Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development; ---PAGE BREAK--- Page 11 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT E. Administrative and operating costs of the Highway District and/or the City unless such costs are attributable to development of the Capital Improvements Plan, as provided in Idaho Code section 67-8208, as amended; and F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the Highway District to finance capital improvements identified in the Capital Improvements Plan. TRANSPORTATION CAPITAL FACILITIES: Shall mean highways, bridges and other roadway appurtenances which are identified in the Capital Improvements Plan, and specifically including those related costs including system improvements costs, but not including maintenance, operations, or improvements that do not expand their capacity. TRANSPORTATION DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND (THE TRUST FUND): Shall mean the Transportation Trust Fund established by action of the Board of Commissioners of the Highway District as set forth in Board of Commissioners resolution no. , and pursuant to section 7-3B-9 of this article and pursuant to Idaho Code section 67-8210(1) into which all Transportation Impact Fees shall be deposited and maintained by the Highway District and a copy said resolution is on file in the City as exhibit C. TRANSPORTATION IMPACT FEE: Shall mean a payment of money imposed as condition of development approval to pay for a proportionate share of the costs of transportation system improvements needed to serve the development. The term does not include the following: A. A charge or fee to pay the administrative plan review, or inspection cost associated with permits required for development; B. Connection or hookup charges; C. Availability charges for drainage, sewer, water or transportation charges for services provided directly to the development; or D. Amounts collected from a developer in a transaction in which the Highway District has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of those capital improvements, unless a written agreement is made, pursuant to Idaho Code section 67-8209(3) as amended, for credit or reimbursement. TRUST ACCOUNTS: Shall mean any of one or more interest bearing accounts within the Transportation Development Impact Fee Capital Projects Trust Fund established in section 7-3B- 11 of this article. (Ord. 278, 10-2-2018) 7-3B-3: IMPOSITION OF TRANSPORTATION IMPACT FEE: A. Imposition Of Impact Fee: A Transportation Impact Fee is hereby imposed on all new development in the City. ---PAGE BREAK--- Page 12 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT B. Fee Schedule: Transportation Impact Fees shall be calculated in accordance with the fee schedule set forth in Table 3 of the Capital Improvements Plan- Traffic Impact Fee Program providing for standard fees based on the total number of new vehicle miles traveled on the system during the PM peak hour attributed to the development, unless: 1) the fee payer requests an individual assessment pursuant to section 7-3B-6 of this article; or 2) the City and the Highway District find the development will have an extraordinary impact pursuant to section 7-3B-9 of this article. The methodology for determining the costs per service unit provided for in the fee schedule is set forth in the Capital Improvements Plan. C. Developer's Election: A developer shall have the right to elect to pay a project's proportionate share of system improvements costs by payment of Transportation Impact Fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvements costs, except as provided in Idaho Code section 67-8214(3), as amended. D. Procedures: 1) Building Permit: Upon submittal of complete building permit plans for the development to the City, the City shall calculate the Transportation Impact Fee for the development within thirty (30) days of submittal unless the fee payer requests an individual assessment or the City determines that the development may have extraordinary impact. The City may request the Highway District Administrator calculate appropriate the Transportation Impact Fee for development in accordance with the fee schedule. 2) Exemption: An exemption pursuant to section 7-3B-5 of this article must be claimed by the fee payer upon application for a building permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the fee payer. (Ord. 278, 10-2-2018) 7-3B-4: COLLECTION OF TRANSPORTATION IMPACT FEES: A. Certification: After the Transportation Impact Fee due for a proposed development has been calculated by the City pursuant to the fee schedule attached to the Capital Improvements Plan, or by the Highway District Administrator using the individual assessment process or as requested by the City, the fee payer may request from the City or the Highway District Administrator a certification of the amount of Transportation Impact Fee due for that development. Within thirty (30) days after receiving such request, the City or the Highway District Administrator shall issue a written certification of the amount of the Transportation Impact Fee due for the proposed development. Such certification shall establish the Transportation Impact Fee so long as there is no material change to the particular development as identified in the individual assessment application, or the impact fee schedule attached to the Capital Improvements Plan. The certification shall include an explanation of the calculation of the Transportation Impact ---PAGE BREAK--- Page 13 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT Fee including an explanation of factors considered under Idaho Code section 67-8207 and shall also specify the system improvement(s) for which the Transportation Impact Fee is intended to be used. If the impact fee is calculated by the City pursuant to the fee schedule, the City shall provide the certification to the fee payer and the Highway District Administrator. If the impact fee is determined by the Highway District Administrator following an individual assessment of the fee, the Highway District Administrator shall provide the certification to the fee payer and the City. B. Payment Of Fees: The Transportation Impact Fee shall be paid to the City at the following times: 1. If a building permit or manufactured/mobile home installation permit is required, then at the time before the permit is issued; 2. If no building permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or 3. At such other time as the developer and the Highway District have agreed upon in writing with notice to the City. C. Delivery: All Transportation Impact Fees paid to the City shall then be delivered to the Highway District Administrator on a once-a-month basis. (Ord. 278, 10-2-2018) 7-3B-5: EXEMPTIONS: A. Exemptions: The provisions of this article shall not apply to the following: 1. Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two years of its destruction; 2. Remodeling or repairing a structure which does not increase the number of service units; 3. Replacing a residential unit, including a manufactured/mobile home, with another residential unit on the same lot; provided that, the number of service units does not increase; 4. Placing a temporary construction trailer or office on a lot; 5. Constructing an addition on a residential structure which does not increase the number of service units; 6. Adding uses that are typically accessory to residential uses, such as tennis court or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; or 7. The installation of a modular building, manufactured/mobile home or recreational vehicle if the fee payer can demonstrate by documentation such as utility bills and tax records that either: a) a modular building, manufactured/mobile home or recreational vehicle was legally in place on the lot or space prior to the effective date of this article; or ---PAGE BREAK--- Page 14 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT b) a Transportation Impact Fee has been paid previously for the modular building, manufactured/mobile home or recreational vehicle on that same lot or space. B. Exemption Claim Process: An exemption from a Transportation Impact Fee must be claimed on the application by the developer (fee payer) upon submitting their application for a building permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be determined by the City within ninety (90) days of receipt of the claim for exemption. (Ord. 278, 10-2-2018) 7-3B-6: INDIVIDUAL ASSESSMENT PROCESS: A. In lieu of calculating the amount of the Transportation Impact Fee by reference to the fee schedule attached to the Capital Improvements Plan, a fee payer may file a request with the City that the amount of the required Transportation Impact Fee be determined by the Highway District Administrator through an individual assessment for the proposed development. A request for an individual assessment process shall involve consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the Transportation Impact Fee. If a fee payer files a request for the use of an individual assessment, the fee payer shall be responsible for retaining a qualified professional to prepare the individual assessment that complies with the requirements of this article, at the fee payer's expense. The fee payer shall, at the fee payer's expense, bear the burden of proving by clear and convincing evidence that the resulting individual assessment complies with the requirements of this article. The fee payer shall bear the burden of proving by clear and convincing evidence that the resulting individual assessment is a more accurate measure of its proportionate share of the cost of system improvements, based on the adopted levels of service, than the development impact fees that would otherwise be due pursuant to the fee schedule attached to the Capital Improvements Plan. B. Each individual assessment shall be based on the same level of service standards and unit costs for system improvements used in the Capital Improvements Plan, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used. The vehicle miles traveled cost (VMT cost) established in the Capital Improvement Plan is based on the level of service standards and unit costs for the system improvements, and is not subject to modification in an individual assessment. The other factors used to determine the Transportation Impact Fee, including the trip generation rates, new trip factor, average trip length, or network adjustment factors are eligible for individual assessment. C. A request for an individual assessment shall be delivered and filed with the City at any time that the number of dwelling units in the proposed development and the types and amounts of development in each non-residential category identified in the fee schedule attached to the Capital Improvements Plan are known. Upon filing of a request for ---PAGE BREAK--- Page 15 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT individual assessment, the City shall transmit the request to the Highway District Administrator for review. The Highway District Administrator shall issue a written decision within thirty (30) days following receipt of a completed request for individual assessment together with all supporting information from the fee payer, so as not to unreasonably delay the developer's (fee payer's) subsequent applications to the City for building permits. D. Each individual assessment request delivered to the Highway District Administrator may then be accepted, rejected, or accepted with modifications by the Highway District Administrator as the basis for calculating the Transportation Impact Fee. The criteria for acceptance, rejection or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for system improvements element(s) created by the proposed development, or the costs of those facilities, than the applicable fee shown in the fee schedule attached to the Capital Improvements Plan. E. The decision by the Highway District Administrator on an application for an individual assessment shall include an explanation of the calculation of the Transportation Impact Fee, shall specify the system improvement(s) for which the Transportation Impact Fee is intended to be used, and shall include an explanation of those factors identified in Idaho Code section 67-8207. F. If an individual assessment is accepted or accepted with modifications by the Highway District Administrator then the Transportation Impact Fee due under this article for such development shall be calculated according to such individual assessment. G. The Highway District Administrator shall provide notice of final determination of an individual assessment to the developer (fee payer) and the City. (Ord. 278, 10-2-2018) 7-3B-7: DEVELOPER CREDITS AND REIMBURSEMENT: A. Credits To Be Issued: When a developer or their predecessor in title or interest has constructed system improvements of the same category as a transportation capital improvements element, or contributed or dedicated land or money towards the completion of system improvements of the same category as a transportation capital improvements element, and the Highway District has accepted such construction, contribution or dedication, the Highway District shall issue a credit against the Transportation Impact Fees otherwise due for the same transportation capital improvements element in connection with the proposed development, as set forth in this section, credit shall be issued regardless of whether the contribution or dedication to system improvements was required by the Highway District as a condition of development approval or was offered by the developer and accepted by the Highway District in writing, and regardless of whether the contribution or dedication was contributed by the developer or by a local improvement district controlled by the developer. ---PAGE BREAK--- Page 16 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT B. Limitations: Credits against a Transportation Impact Fee shall not be given for: 1) project improvements; or 2) any construction, contribution or dedication not agreed to in writing by the Highway District prior to commencement of the construction, contribution, or dedication. Credits issued for one transportation capital improvements element may not be used to reduce Transportation Impact Fees due for a different capital improvement. No credits shall be issued for system improvements contributed or dedicated prior to the effective date of this article. C. Valuation Of Credit At Present Value: 1) Land: Credit for qualifying land dedications shall be valued at $2.50 per square foot as defined in the Capital Improvement Plan, except as modified by annual adjustments for inflation as further defined under this Act. 2) Improvements: Credit for qualifying acquisition or construction of system improvements shall be valued by the Highway District at the present value of such improvements based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the Highway District. The Highway District Administrator shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the Highway District. In no case shall credit for improvements constructed exceed those costs determined to be impact fee eligible for those specific improvements in the Capital Improvement Plan. D. When Credits Become Effective: 1) Land: Approved credits for land dedications shall become effective when the land has been conveyed to the Highway District in a form acceptable to the Highway District, at no cost to the Highway District, and has been accepted by the Highway District. Upon request of the fee payer, the Highway District shall issue a letter stating the amount of credit available. 2) Improvements: Approved credits for acquisition or construction of system improvements shall generally become effective when: a) all required construction has been completed and has been accepted by the Highway District, b) a suitable maintenance and warranty bond has been received and approved by the Highway District, and c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the Highway District and the State of Idaho. Upon request of the fee payer, the Highway District shall issue a letter stating the amount of credit available. E. Credit Request Procedures: 1) Request: In order to obtain a credit against a Transportation Impact Fee otherwise due, a fee payer shall submit to the City a written offer of request to dedicate to the Highway District specific parcels of qualifying land or a written offer to ---PAGE BREAK--- Page 17 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT contribute or construct specific system improvements to the Transportation Capital Facilities in accordance with all applicable State or City design and construction standards, and shall specifically request a credit against the type of Transportation Impact Fee for which the land dedication or system improvements is offered. The City shall then deliver the written offer of request to the Highway District Administrator. 2) Review: After receipt of the written offer of request for credit, the Highway District Administrator shall review the request and determine whether the land or system improvements offered for credit will reduce the costs of providing Transportation Capital Facilities by an amount at least equal to the value of the credit. If the Highway District Administrator determines that the offered credit satisfies that criteria and will be acceptable to the Board of Commissioners, then the credit shall be issued. The Highway District shall complete its review and determination of an application within thirty (30) days after receipt of an application for credit. 3) Credits Exceeding Fee Amounts Due: If the credit due to a fee payer pursuant to subsection D of this section exceeds the Transportation Impact Fee that would otherwise be due from the fee payer pursuant to this article (whether calculated through the fee schedule attached to the Capital Improvement Plan or through an independent assessment), the fee payer may choose to receive such credit in the form of either: a) a credit against future Transportation Impact Fee due for the same system improvements; or b) a reimbursement from Transportation Impact Fees paid by future development that impacts the system improvements contributed or dedicated by the fee payer. Unless otherwise stated in an agreement with the fee payer, the Highway District shall be under no obligation to use any Highway District funds - other than Transportation Impact Fees paid by other development for the same system improvements - to reimburse the fee payer for any credit in excess of Transportation Impact Fees that are due. 4) Written Agreement Required: If credit or reimbursement is due to the fee payer pursuant to this section, the Highway District shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the contribution, dedication, or funding of the system improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement, and shall have a term not exceeding ten (10) years. 5) Determination: The Highway District Administrator's determination on the written offer of request for credit shall be provided to the fee payer and the City. (Ord. 278, 10-2-2018) 7-3B-8: METHODOLOGY FOR THE CALCULATION OF TRANSPORTATION IMPACT FEES: A. General Provisions: 1. Accounting Principles: The calculation of the Transportation Impact Fee shall be in accordance with generally accepted accounting principles. A development impact fee shall not be deemed invalid because payment of the fee may result in an ---PAGE BREAK--- Page 18 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT incidental benefit to owners or developers within the service area other than the fee payer. 2. Levels Of Service: The Transportation Impact Fee shall be calculated on the basis of levels of service for public facilities adopted in this article that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public facilities for which the Transportation Impact Fee is imposed must be attributable to the capacity demands generated by the new development. B. Methodology; Proportionate Methodology: The Transportation Impact Fee shall not exceed a proportionate share of the cost of the system improvements determined in accordance with Idaho Code section 67-8207, as amended. Transportation Impact Fees shall be based on actual system improvements costs or reasonable estimates of such costs. The amount of the Transportation Impact Fee shall be calculated using the methodology contained in the Capital Improvements Plan. C. Proportionate Share Determination: 1. Transportation Impact Fee shall be based on a reasonable and fair formula or method under which the Transportation Impact Fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the Highway District in the provision of system improvements to serve the new development. The proportionate share is the costs attributable to the new development after the Highway District considers the following: a. Any appropriate credit, offset or contribution of money, dedication of land or construction of system improvements; b. Payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments; c. That portion of general tax or other revenues allocated by the Highway District to system improvements; and d. All other available sources of funding such system improvements. 2. In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by and accounted for in the calculation of the Transportation Impact Fee: a. The costs of existing system improvements within the service area; b. The means by which existing system improvements have been financed; c. The extent to which the new development will contribute to system improvements costs through taxation, assessments, or developer or landowner contributions, or has previously contributed to system improvements costs through developer or landowner contributions; d. The extent to which the new development is required to contribute to the cost of existing system improvements in the future; ---PAGE BREAK--- Page 19 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT e. The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area; f. Extraordinary costs, if any, incurred in serving the new development; g. The time and price differential inherent in a fair comparison of fees paid at different times; and h. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers and special taxation. (Ord. 278, 10-2-2018) 7-3B-9: EXTRAORDINARY IMPACTS: A. In the event the City makes an initial determination that development may impose extraordinary impact, the City shall provide the development application to the Highway District Administrator along with the City's initial determination. The Highway District Administrator shall then review and determine whether or not the development application will impose extraordinary impact. B. If the Highway District Administrator determines that a proposed development generates extraordinary impact that will result in extraordinary systems improvements costs, the Highway District Administrator will notify the fee payer and the City of such Transportation Impact Fee determination within thirty (30) days after Highway District Administrator's receipt from the City of the development application and the City's initial determination. Such notice shall include a statement that the potential impacts of such development on system improvements are not adequately addressed by the Capital Improvements Plan, and that a supplemental study, at the fee payer's expense will be required. C. Circumstances that may lead to a determination of extraordinary impact include, but are not limited to: 1) an indication the assumptions used in the Capital Improvements Plan underestimate the level of activity or impact on Transportation Capital Facilities from the proposed development or activity. D. Within thirty (30) days following the designation of a development with extraordinary impact, the Highway District Administrator shall meet with the fee payer to discuss whether the fee payer wants to: 1) pay for the supplemental study necessary to determine the system improvements costs related to the proposed development; 2) modify the proposal to avoid generating extraordinary impact; or 3) withdraw the application for certification, building permit or development approval. E. If the fee payer agrees to pay for the supplemental study required to document the proposed development's proportionate share of system improvements costs, then the ---PAGE BREAK--- Page 20 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT Highway District Administrator and the fee payer shall jointly select an individual or organization acceptable to both to perform such study. The fee payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within thirty (30) days of such written agreement, unless the fee payer agrees to a longer time. F. Once the study has been completed, the fee payer may choose to: 1) pay the proportionate share of system improvements costs documented by the supplemental study; or 2) modify the proposed development to reduce such costs; or 3) withdraw the application. If the fee payer agrees to pay the system improvements costs documented in the supplemental study, that agreement shall be reduced to writing between the Highway District and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development. G. Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvements costs documented by the supplemental study, nothing in this article shall obligate the City to approve development that results in an extraordinary impact to the transportation system. (Ord. 278, 10-2-2018) 7-3B-10: FEE PAYER REFUNDS: A. Duty To Refund: 1. Refund: Transportation Impact Fees shall be refunded to the fee payer, or to a successor in interest, in the following circumstances: a. Service is available but never provided; b. A building permit, or permit for installation of a manufactured home, is denied by the City or abandoned; c. The fee payer pays a Transportation Impact Fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share attributed to the development; d. The Highway District has received a Transportation Impact Fee and the Highway District has failed to appropriate or expend the received fees pursuant to the subsection below; or e. Failure of the Highway District to commence construction or encumber the fund in the Transportation Development Impact Fee Capital Projects Trust Fund. 2. Holding Fees: Any Transportation Impact Fee paid shall be refunded if the Highway District has failed to commence construction of system improvements in accordance with this article, or to appropriate funds for such construction, within eight years after the date on which such fee was received by the Highway District. Any refund due shall be paid to the owner of record of the parcel for which ---PAGE BREAK--- Page 21 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT the Transportation Impact Fee was paid. The Highway District may hold Transportation Impact Fees for longer than eight years if the Highway District identifies in writing and in written notice to the owner of record of the parcel: a) a reasonable cause why the fees should be held longer than eight years; and b) an anticipated date by which the fees will be expended, but in no event greater than eleven (11) years from the date they were received. If the Highway District complies with the previous sentence, then any Transportation Impact Fees so identified shall be refunded to the fee payer if the Highway District has failed to commence construction of system improvements in accordance with the written notice, or to appropriate funds for such construction on or before the date identified in such writing. 3. No Refund Due For Subsequent Reduction In Size Of Development Or Service Units: After a Transportation Impact Fee has been paid pursuant to this article and after a certificate of occupancy has been issued by the City, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project. 4. Interest: Each refund shall include a refund of interest at one-half (1/2) the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was originally paid. 5. Timing: The Highway District shall make a determination of whether a refund is due within thirty (30) days after receipt of a written request for a refund from the owner of record of the property for which the fee was paid. When the right to a refund exists, the Highway District shall send the refund to the owner of record within ninety (90) days after the Highway District determines that a refund is due. (Ord. 278, 10-2-2018) 7-3B-11: ESTABLISHMENT OF TRANSPORTATION TRUST FUND AND TRUST ACCOUNTS: A. Trust Fund: The Trust Fund established by the Highway District will be maintained by the Highway District for the purpose of ensuring that all Transportation Impact Fees received, pursuant to this article, are used to address impacts reasonably attributable to new development for which the Transportation Impact Fees are paid. The Trust Fund shall be divided into the trust accounts. All funds in all trust accounts in the Trust Fund shall be maintained in an interest bearing account. The interest earned on each trust account pursuant to Idaho Code section 67-8210(1) shall not be governed by Idaho Code section 57-127, as amended, but shall be considered funds of the trust accounts and shall be subject to the same restrictions on uses of funds as the Transportation Impact Fees on which the interest is generated. B. Deposit Of Transportation Impact Fees: All monies paid by a fee payer, pursuant to this article, shall be identified as Transportation Impact Fees and shall be deposited by the Highway District Administrator in the appropriate trust accounts of the Trust Fund. 1. First-In/First-Out: Monies in each trust account shall be spent in the order collected, on a first-in/first-out basis. ---PAGE BREAK--- Page 22 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT 2. Maintenance Of Records: The Highway District shall maintain and keep accurate financial records for each trust account that shall show the source and disbursement of all revenues, that shall account for all monies received, that shall ensure that the disbursement of funds from each trust account shall be used solely and exclusively for the provisions of projects specified in the Capital Improvements Plan, and that shall provide an annual accounting for each Transportation Impact Fee account showing the source and amount of all funds received and the projects that were funded. (Ord. 278, 10-2-2018) 7-3B-12: EXPENDITURE OF TRANSPORTATION IMPACT FEES: A. Expenditures: Expenditures of Transportation Impact Fees collected and deposited in the Trust Fund shall be made only for system improvements within the service area for which the impact fee was collected in accordance with the Capital Improvements Plan. B. Capital Improvements Plan Reimbursement; Surcharge: A portion of each impact fee collected shall be designated as a surcharge for reimbursement of the Highway District for the cost of preparing the Capital Improvements Plan in accordance with Idaho Code section 67-8208. The surcharge shall not exceed the development's proportionate share of the cost of preparing the Capital Improvements Plan. (Ord. 278, 10-2-2018) 7-3B-13: APPEALS, PROTEST AND MEDIATION: A. Appeals: Any fee payer that is or may be obligated to pay a Transportation Impact Fee, or that claims a right to receive a refund, reimbursement, exemption or credit under this article, and who is dissatisfied with a decision made either by the City or by the Highway District Administrator in applying this article, may appeal such decision as follows: 1. In the case of a decision made by the City to the City Council; and 2. In the case of a decision made by the Highway District Administrator to the Board of Commissioners. B. Burden Of Proof: The fee payer shall have the burden on appeal of proving by clear and convincing evidence that the decision was in error. C. Written Notice: In order to pursue the appeal described in this section, the fee payer shall file a written notice of the appeal with the City within thirty (30) days after the date of the City's or the Highway District Administrator's decision, or the date on which the fee payer submitted a payment of the Transportation Impact Fee under protest, whichever is later. Such written application shall include a statement describing why the fee payer believes that the appealed decision was in error, together with copies of any documents that the fee payer believes support the claim. D. Highway District Administrator's Decision: Appeals of the Highway District Administrator's decisions shall be delivered by the City to the Highway District Administrator. ---PAGE BREAK--- Page 23 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT E. Timing: The City Council or the Board of Commissioners, as the case may be, shall hear the appeal within sixty (60) days after receipt of a written notice of appeal. The fee payer shall have a right to be present and to present evidence in support of the appeal. The City or Highway District Administrator who made the decision under appeal or their representative shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the City Council or by the Board of Commissioners in considering the appeal shall be whether: 1) the decision or interpretation made by the City or Highway District Administrator; or 2) the alternative decision or interpretation offered by the fee payer, more accurately reflects the intent of this article that new development in the City pay its proportionate share of the costs of system improvements to transportation facilities necessary to serve new development, and whether the provisions of this article has been correctly applied. The City Council or Board of Commissioners, as the case may be, shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal. F. Payment Under Protest: A fee payer may pay a Transportation Impact Fee under protest in order not to delay in the issuance of a building permit by the City. A fee payer making a payment under protest shall not be estopped from exercising the right to appeal provided herein, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. G. Mediation: 1. Any fee payer that has a disagreement with the City or the Highway District Administrator regarding a Transportation Impact Fee determination that is or may be due for a proposed development pursuant to this article, may enter into a voluntary agreement with the City or the Highway District, as the case may be, to subject the disagreement to mediation by a qualified independent party acceptable to both parties. 2. Mediation may take place at any time following the filing of a timely appeal pursuant to subsection C of this section, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to subsection C of this section. 3. Participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this section. 4. If mediation is requested, any related mediation costs shall be shared equally by the fee payer and the City or the Highway District, as the case may be, and a written agreement regarding the payment of such costs shall be executed prior to the commencement of mediation. 5. In the event that mediation does not resolve the issues between the City or the Highway District and the fee payer, the fee payer retains all rights to seek relief from a court of competent jurisdiction. (Ord. 278, 10-2-2018) 7-3B-14: PERIODIC REVIEWS: ---PAGE BREAK--- Page 24 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT A. Review And Modification Of Capital Improvements Plan: The Board of Commissioners shall, at least once every five years, commencing from the date of the original adoption of the Capital Improvements Plan, review the development potential and update the Capital Improvements Plan in cooperation with the City and in accordance with the procedures set forth in Idaho Code section 67-8206, as amended. Each update shall be prepared by the Highway District Administrator in consultation with the Joint Advisory Committee. B. Annual Review: The Highway District shall annually adopt a capital budget. (Ord. 278, 10- 2-2018) 7-3B-15: AUDIT: As part of its annual audit process, the Highway District shall prepare an annual report: a) describing the amount of all Transportation Impact Fees received, appropriated or spent during the preceding year by category of public facility; and b) describing the percentage of taxes and revenues from sources other than the Transportation Impact Fees received, appropriated or spent for system improvements during the preceding year by systems improvements category of Transportation Capital Facilities. (Ord. 278, 10-2-2018) 7-3B-16: JOINT DEVELOPMENT IMPACT FEE ADVISORY STANDING COMMITTEE: A. Committee Created: A joint standing committee of the City Council and the Board of Commissioners of the Highway District is established. B. Committee Name: The joint standing committee is known and shall continue to be known and designated as the "City of Star/Canyon Highway District No. 4 Joint Development Impact Fee Advisory Standing Committee" (hereinafter in this article referred also as "Joint Advisory Committee" or "committee"). C. Membership: The members on the committee shall be appointed by the City Council and confirmed by the Board of Commissioners of the Highway District for a term of one year or until someone is appointed in his/her place, and there shall not be fewer than five members of which two or more members shall be active in the business of development, building or real estate and at least two or more members shall not be employees or officials of the City or the Highway District. State Code on this requirement modified by 2021 legislature, this section may need to be updated. 1. The members will be appointed during the January regular meetings of the City Council and the Board of Commissioners. 2. Any vacancy occurring on the committee during the year may be filled during the year, by appointment of the City Council and confirmed by the Board of Commissioners of the Highway District. ---PAGE BREAK--- Page 25 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT D. Charge: The Joint Advisory Committee shall serve as an advisory committee to the City Council and the Board of Commissioners of the Highway District and is charged with the following responsibilities: 1. Assist the City and the Highway District in adopting land use assumptions; and 2. Review the Capital Improvements Plan, and proposed amendments, and file written comments; and 3. Monitor and evaluate implementation of the Capital Improvements Plan; 4. File with the Highway District, Highway District Administrator and the City Clerk, at least annually, with respect to the Capital Improvements Plan, a report of any perceived inequities in implementing the Capital Improvements Plan or imposing the Transportation Impact Fees; 5. Advise the City Council and the Board of Commissioners of the Highway District of the need to update or revise land use assumptions, Capital Improvements Plan and transportation development impact fees; and 6. The Highway District shall make available to the Joint Advisory Committee, upon request, all financial and accounting information, professional reports in relation to other development and implementation of land use assumptions, the Capital Improvements Plan and periodic updates of the Capital Improvements Plan. E. Joint Advisory Committee Organization: The Highway District and Highway District Administrator shall staff the Joint Advisory Committee in order to provide the committee with needed information for the committee's review and to provide for its compliance with the Open Meeting Law (Idaho Code 74-2). 1. The Joint Advisory Committee shall select its officers, which include a Chairman, Vice Chairman and a Secretary of the committee. 2. The Chairman shall conduct the meetings of the committee. The duties of the Chairman shall be performed by the Vice Chairman in the absence of the Chairman or as delegated by the Chairman. The Chairman and the Vice Chairman shall be members of the committee. 3. The Highway District Administrator shall serve as the Secretary of the committee and shall take minutes and post agenda notices required by the Open Meeting Law. The Secretary is not a member of the committee. 4. The committee shall establish a regular meeting schedule. 5. The agenda of each meeting shall include the approval of the minutes of the last meeting and the Secretary shall provide a copy of the approved minutes to the City Council and the Board of Commissioners. 6. Fifty percent (50%) of the membership of the committee shall constitute a quorum. Once a quorum is established for a meeting, the subsequent absence of a member present for creating the quorum shall not dismiss the quorum. 7. A majority vote of those present at any meeting is sufficient to carry motions. F. Reporting: The Joint Advisory Committee reports directly to the Highway District Board of Commissioners and to the City Council. ---PAGE BREAK--- Page 26 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT G. City Council And Highway District Board Of Commissioners Review Of Committee's Report And Recommendations: The City Council and the Highway District Board of Commissioners shall each consider the Joint Advisory Committee's recommended revision(s) at least once every twelve (12) months. The Joint Advisory Committee's recommendations and the City Council's and Board of Commissioners' actions are intended to ensure that the benefits to a development paying Transportation Impact Fees are equitable, so that the Transportation Impact Fee charged to the development shall not exceed a proportionate share of system improvements costs, and that the procedures for administering Transportation Impact Fees remain efficient. H. The Joint Advisory Committee that was established during the preparation of the Capital Improvements Plan shall continue in existence and shall by operation of this article become the Joint Advisory Committee created herein. (Ord. 278, 10-2-2018) 7-3B-17: ENFORCEMENT AND COLLECTION: A. When any Transportation Impact Fee is due pursuant to this article, or pursuant to the terms of any written agreement between a fee payer and the City or the Highway District, and such Transportation Impact Fee has not been paid in a timely manner, the City, or Highway District Administrator on behalf of the Highway District, may exercise any or all of the following powers as applicable to their authority, in any combination, to enforce the collection of the Transportation Impact Fee: 1. Withhold building permits, manufactured home installation permits, access permits, or other City development approval related to the development for which the Transportation Impact Fee is due until all Transportation Impact Fees due have been paid, and issue stop work orders, and revoke or suspend a building permit. 2. Withhold utility services from the development for which the Transportation Impact Fee is due until all Transportation Impact Fees due have been paid; and 3. Add interest to the Transportation Impact Fee not paid in full at the legal rate provided for in Idaho Code section 28-22-104, as amended, plus five percent beginning on the date at which the payment of the Transportation Impact Fee was due until paid in full. 4. Impose a penalty of five percent of the total Transportation Impact Fee (not merely the portion dishonored, late or not paid in full) per month beginning on the date at which the payment of the Transportation Impact Fee was due until paid in full. 5. Impose a lien pursuant to the authority of Idaho Code section 67-8213(4) for failure to timely pay a Transportation Impact Fee following the procedures contained in Idaho Code title 45, chapter 5. (Ord. 278, 10-2-2018) 7-3B-18: CITY/HIGHWAY DISTRICT INTERGOVERNMENTAL AGREEMENT: A. The City is a governmental entity that is empowered by the Act to adopt development impact fee ordinances and as such is authorized, by Idaho Code section 67-8204A, to ---PAGE BREAK--- Page 27 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT enter into the Intergovernmental Agreement with the Highway District for the purpose of agreement to collect and expend Transportation Impact Fees for system improvements as provided in this article. B. The City and the Highway District have entered into the Intergovernmental Agreement which is in full force and effect. C. The Intergovernmental Agreement complies with this article and requires the Highway District to be governed by and to fully abide by the provisions of this article. D. Any amendments of the Intergovernmental Agreement shall be implemented by corresponding relevant amendments of this article which amendments shall not apply to any Transportation Impact Fees then not expended and currently held in the Trust Fund. (Ord. 278, 10-2-2018) 7-3B-19: MISCELLANEOUS PROVISIONS: A. Nothing in this article shall prevent the Highway District from requiring a developer to construct reasonable project improvements, as are required by the standards, policies and other rules that are adopted by the Highway District, in conjunction with a development. B. Nothing in this article shall be construed to prevent or prohibit private agreements between property owners or developers, the Idaho Transportation Department and governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvements costs incurred by a developer including inter-project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project. C. Nothing in this article shall obligate the City or Highway District to approve development which results in an extraordinary impact. D. Nothing in this article shall obligate the Highway District to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in this article. E. Nothing in this article shall be construed to create any additional right to develop real property or diminish the City in regulating the orderly development of real property within its boundaries. F. Nothing in this article shall work to limit the use by the City or Highway District of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. ---PAGE BREAK--- Page 28 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT G. Nothing herein shall restrict or diminish the power of the City to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvements costs required as a result of such voluntary annexation. H. The Highway District shall develop a plan for alternative sources of revenue, which shall include but not necessarily be limited to plans generated during the Highway District's annual budget process, lobbying efforts, tax increment financing, and implementation of user fees, administrative and regulatory fees and other forms of revenue. I. Notwithstanding any other provision of this article, that portion of a project for which a complete application for a building permit has been received by the City, prior to the effective date of this article, shall not be subject to the Transportation Impact Fee imposed by this article. If the resulting building permit is later revised or replaced after the effective date of this article, and the new building permit(s) reflects a development density, intensity, development size or number of units more than ten percent (10%) higher than that reflected in the original building permit, then the Transportation Impact Fee may be charged on the difference in density, intensity, development size or number of units between the original and the revised or replacement building permit. J. Any monies, including any accrued interest not assigned to specific system improvements within such Capital Improvements Plan and not expended pursuant to section 7-3B-12 of this article or refunded pursuant to section 7-3B-10 of this article shall be retained in the same account until the next Highway District fiscal year. K. If the Highway District discovers an error in the Capital Improvements Plan that results in assessment or payment of more than a proportionate share of system improvements costs on any proposed development, the Highway District Administrator shall: 1) adjust the Transportation Impact Fee to collect no more than a proportionate share; or 2) discontinue the collection of any Transportation Impact Fees until the error is corrected by ordinance. L. If Transportation Impact Fees are calculated and paid based on a mistake or misrepresentation, they shall be recalculated. Any amounts overpaid by a fee payer shall be refunded by the Highway District within thirty (30) days after the Highway District's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the fee payer shall be paid to the City within thirty (30) days after the Highway District Administrator's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. In the case of an underpayment to the City, the Highway District Administrator may request the City and the City may withhold issuance of the building ---PAGE BREAK--- Page 29 of 29 Mac draft – CHD4 Transportation Impact Fee Code - DRAFT permits or development approval for the project for which the Transportation Impact Fee was paid until such underpayment is corrected, and if amounts owed to the City are not paid within such thirty-day period, the Highway District Administrator may also ask the City to and the City may revoke any building permits or development approval issued in reliance on the previous payment of such Transportation Impact Fee and refund such fee to the fee payer. (Ord. 278, 10-2-2018) 7-3B-20: PUNISHMENT: Any person who violates any provision of this article shall be guilty of a misdemeanor, punishable by up to one year in the County Jail, and/or a one thousand dollar ($1,000.00) fine, or both. Knowingly furnishing false information to any official of the City or the Highway District charged with the administration of this article, including without limitation, the furnishing of false information regarding the expected size, use or impacts from a proposed development, shall be a violation of this article. (Ord. 278, 10-2-2018) 7-3B-21: CONSTRUCTION OF INTENT: All provisions, terms, phrases and expressions contained in this article shall be liberally construed in order that the true intent and meaning of the Act and the City Council and the Board of Commissioners may be fully carried out. (Ord. 278, 10-2-2018) Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. This Ordinance shall be published once in full and shall take effect and be in force from and after its passage, approval, and publication. DATED this day of 2020. CITY OF STAR, IDAHO By: ATTEST: Trevor Chadwick, Mayor Jacob Qualls, City Clerk ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- RESOLUTION 2021-03 – FY 2021/2022 FOREGONE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STAR, IDAHO, RESERVING THE FORGONE AMOUNT FOR FISCAL YEAR (2021 / 2022) FOR POTENTIAL USE IN SUBSEQUENT YEARS AS DESCRIBED IN IDAHO CODE §63-802, et al. WHEREAS, Idaho Code §50-235 empowers the city council of each city to levy taxes for general revenue purposes; and, WHEREAS, Idaho Code §50-1002 requires the city council of each city in the State of Idaho to pass a budget, referred to as an annual appropriation ordinance; and, WHEREAS, Idaho Code §63-802 sets limitations on all taxing district budget requests on the amount of property tax revenues that can be used to fund programs and services; and, WHEREAS, Idaho Code §63-802(1)(a) allows each taxing entity to increase property tax budget amounts by a maximum of plus an amount calculated based on the value of both new construction and annexation added during the previous calendar year, plus an amount for forgone taxes; and, WHEREAS, Idaho Code §63-802(1)(f) requires that the City adopt an annual resolution to reserve additional forgone amount in order to utilize that amount in subsequent years; and, WHEREAS, the City has met the notice and hearing requirements in Idaho Code §63-802(1)(f) to reserve the current year’s increase in the forgone amount; and, WHEREAS, the City intends to reserve ZERO DOLLARS of its current year’s increase in allowable forgone amount. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STAR, IDAHO, that ZERO DOLLARS of the current year’s allowable increase in its forgone amount is reserved and included in the City’s total forgone balance for potential use in subsequent years. PASSED by the STAR CITY COUNCIL on the day of 2020. By: Trevor A. Chadwick, Mayor ATTEST: Jacob Qualls, City Clerk / Treasurer ---PAGE BREAK--- ORDINANCE NO. 343 - 2021 (2021-2022 APPROPRIATIONS) AN ORDINANCE, TO BE TERMED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF STAR, IDAHO, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021, AND ENDING ON SEPTEMBER 30, 2022, APPROPRIATING SUMS OF MONEY IN THE AGGREGATE AMOUNT OF $12,627,273.04 TO DEFRAY ALL NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF STAR FOR SAID FISCAL YEAR; SPECIFYING THE OBJECT AND PURPOSES FOR WHICH SUCH APPROPRIATIONS ARE MADE AND THE AMOUNT APPROPRIATED FOR EACH OBJECT AND PURPOSE; AUTHORIZING THE CERTIFICATION TO THE COUNTY COMMISSIONERS OF ADA & CANYON COUNTIES, IDAHO, THE AMOUNT OF $1,602,086.04 PROPERTY TAXES TO BE LEVIED AND ASSESSED UPON THE TAXABLE PROPERTY IN THE CITY; PROVIDING FOR THE FILING OF A COPY OF THIS ORDINANCE WITH THE OFFICE OF THE IDAHO SECRETARY OF STATE AS PROVIDED BY LAW; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR, IDAHO, as follows: Section 1: The sum of $12,627,273.04 is hereby appropriated to defray all necessary expenses and liabilities of the City of Star, Idaho, for the fiscal year commencing October 1, 2021, and ending on September 30, 2022 (the “2022 Fiscal Year”). Section 2: The objects and purposes for which such appropriation is made, and the amount appropriated for each object and purpose, are as follows: ESTIMATED EXPENDITURES AMOUNT GENERAL FUND APPROPRIATED Salaries $x Administrative Fees $x Grant $x Building Fees $x Law Enforcement $x Capital Expenditures $x Transfer to Park Fund $x Sub Total $12,602,086.04 Section 3: The amount of $1,602,086.04 is hereby authorized to be certified by the City of Star to the Board of Commissioners of Ada and Canyon Counties, Idaho, in accordance with Section 30-1007, Idaho Code, to be levied and assessed as a property tax on the taxable property within the City of Star for the 2021/2022 Fiscal Year. Section 4: All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 5: The City Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Office of the Secretary of State of the State of Idaho, as required by Section 50-1003, Idaho Code. Section 6: This Ordinance shall be published once in full in the official newspaper of the City and shall take effect and be in force from and after its passage, approval, and publication. APPROVED this day of 2021. CITY OF STAR, IDAHO By: A T T E S T: Trevor A. Chadwick, Mayor Jacob M Qualls, City Clerk / Treasurer ---PAGE BREAK--- Ordinance 339-2021 Amending Mayor’s Pay – Page 1 of 1 ORDINANCE 339-2021 AN ORDINANCE OF THE CITY OF STAR, ADA AND CANYON COUNTIES, IDAHO, AMENDING TITLES 1-5-5 OF THE STAR CITY CODE ADJUSTING THE SALARY OF THE MAYOR, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Star, Idaho, is a municipal corporation organized and operating under the laws of the State of Idaho, and WHEREAS, the City of Star, Idaho, has the authority to make and amend all such ordinances not inconsistent with the laws of the state of Idaho as may be expedient to maintain the peace, good government and welfare of the city and its trade, commerce and industry, and WHEREAS, the City of Star, Idaho, seeks to compensate the mayor at full-time status; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF STAR, IDAHO, AS FOLLOWS: Section 1: Title 1, Chapter 5, Section 5-A-1 of the Star City Code, COMPENSATION AND BENEFITS, is hereby amended in part, as follows: 1-5-5: COMPENSATION AND BENEFITS: A. Compensation: Commencing January 1, 2021, 2022, the compensation of the Mayor and of the members of the Star City Council shall be as follows: 1. The Mayor shall receive an annual salary in the sum of forty thousand dollars ($40,000.00 and Section 2: This Ordinance shall be published once in full and shall take effect and be in force from and after its passage, approval, and publication. DATED this day of 2021. CITY OF STAR, IDAHO By: ATTEST: Trevor Chadwick, Mayor Jacob M Qualls, City Clerk ---PAGE BREAK--- Page 1 of 1 A draft resolution by Council Member Keyes RESOLUTION NO. 2021-04 – SALARY REVIEW COMMITTEE A RESOLUTION OF THE CITY OF STAR, ADA AND CANYON COUNTIES, IDAHO, CREATING A CITIZEN SALARY REVIEW COMMITTEE. WHEREAS, the City of Star, Idaho, is a municipal corporation organized and operating under the laws of the State of Idaho, and WHEREAS, the Star, Idaho City Council, has been elected to represent the People of Star, Idaho, and; WHEREAS, the City of Star, Idaho, seeks to have elected official salaries reviewed by a citizen’s committee. NOW, THEREFORE, BE IT RESOLVED: Commencing in 2022, the Human Resources Manager, or if there is no Human Resources Manager, the City Clerk shall be tasked to form a committee comprised of no less than five various citizens, business leaders, and former elected or appointed officials of the City of Star prior to the budget workshop during every municipal election year. This committee shall be known as the Salary Review Committee and shall make recommendations for adjustments, increases, or decreases to compensation for the Mayor, and the honorarium for the City Council. The committee may consider any or all of the following in making such recommendation:  baseline salaries/honorariums in comparison to select cities,  appropriate increases or decreases based upon the market as determined by the committee,  the current and potential impact to the city's budget,  recent or current increases afforded to all other city employees, and  expectations of the public in general for the position that is being evaluated. The City Council is not bound to follow the recommendations of the committee but may use any feedback or recommendation as guidance for setting the budget for compensation and honorarium. DATED day of 2021. CITY OF STAR, IDAHO By: ATTEST: Trevor Chadwick, Mayor Jacob Qualls, Clerk ---PAGE BREAK--- Resolution 2021-05 - Vaccines (Proposed by Keyes / Chadwick) RESOLUTION 2021- 05 A RESOLUTION OF THE CITY OF STAR, ADA AND CANYON COUNTIES, IDAHO, DECLARING THE CITY’S INTENT TO NOT MANDATE ANY VACCINE FOR CITY EMPLOYEES AND / OR CONTRACTORS. WHEREAS the City of Star is a community that respects the contributions of all residents in various sectors of employment, which greatly benefit the general welfare of all, and WHEREAS many residents in our community are facing potential unemployment due to their concerns about a vaccine mandate as a condition of employment, and WHEREAS while the pandemic has created divisions over the past year, we encourage all residents to take charge of their own healthcare and be mindful and respectful of the decisions of others, and WHEREAS personal health care choices are private and the decision whether to get a vaccine should rest solely on the individual, and WHEREAS while respecting the rights of employers to determine their own conditions of employment, we also respect the concerns of employees who do not wish to receive a vaccine. NOW THEREFORE IT IS HEREBY RESOLVED; the City of Star will not require its employees or contractors to be vaccinated as a condition of employment or contract. The City of Star encourages other employers within the city to also consider how to accommodate the personal healthcare decisions of their employees and contractors as it relates to any vaccine, while keeping their workforce and our community safe. DATED day of 2021. CITY OF STAR, IDAHO By: ATTEST: Trevor Chadwick, Mayor Jacob Qualls, Clerk