Document Star_doc_5bf7ff1cd9

NOTICE OF STAR CITY COUNCIL MEETING Star City Hall April 21, 2020 7:00 pm AGENDA 1. CALL TO ORDER (Welcome/Pledge of Allegiance) 2. ROLL CALL 3. APPROVAL OF AGENDA (Approval of Agenda as it stands/Amend Agenda) Action Item 4. CONSENT AGENDA Action Items *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. Regular Meeting Minutes of January 21, 2020 B. Regular Meeting Minutes of February 4, 2020 C. Regular Meeting Minutes of March 3, 2020 D. Special Meeting Minutes of March 16, 2020 E. Special Meeting Minutes of March 23, 2020 F. Special Meeting Minutes of March 25, 2020 G. Claims Against the City for March 2020 H. Alcohol License for: Bi-Mart Bobby Jean’s El Mariachi Loco Helina Marie’s Maverik Rustic Table LLC Star Mercantile Sully’s LLC The Beer Guys Saloon Westside Pizza I. Proclamations for: Week of the Young Child Star Arbor Day J. Final Plats: FP-20-05 Moon Valley Subdivision Phase 2 FP-20-02 Stonecrest Subdivision FP-20-06 Trapper Ridge Subdivision Phase 2 K. Findings of Fact & Conclusion of Law: Torchlight Estates Subdivision AZ-20-01/PP-20-01 M&M/J&E Properties RZ-20-01/PUD-20-01 Northwest Development Co.-State Street/Seneca Springs AZ-20-02/ DA-20-01/CU-20-02 Jeremy Telford Rezone-10580 & 10474 W. State Street – RZ-20-02 5. OLD/NEW BUSINESS Action Items A. Allied Waste Service Amendment B. MOU – Canyon County Registration Fee C. ITD Intergovernmental Agreement D. Western Alliance Membership ---PAGE BREAK--- E. Moon Valley Estates Subdivision AZ-20-06/PP-20-03/DA-20-02-MOD - (Table Indefinitely – originally tabled from 3-17-20) F. Moon Valley Commons Subdivision PP-20-05/DA-20-02-MOD – (Table Indefinitely – originally tabled from 3-17-20) 6. REPORTS 7. ADJOURNMENT Action Item **The public will not be allowed to attend the City Council Meeting at City Hall due to COVID-19. The meeting can be viewed via a link posted to the City of Star website at staridaho.org. This link will be posted on Tuesday, April 21, 2020. Public input will not be taken during the meeting. The public is always welcome to submit comments in writing. ---PAGE BREAK--- 1 I P a g e Minutes 1-21-2020 City of Star Council Meeting Minutes January 21, 2020 The regular meeting of the Star City Council was held on January 21, 2020 at 7:00 pm at the LifeSpring Church, 174 N. Star Road, Star, Idaho. Mayor Trevor Chadwick called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilpersons David Hershey, Michael Keyes, Jennifer Salmonsen and Kevin Nielsen were all present. Approval of the Agenda: Keyes moved to approve the agenda; Nielsen seconded the motion. All ayes: motion carried. Consent Agenda: Keyes moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of June 4, 2019 and January 7, 2020, Confirmation of Transportation Committee Members - Jon Turnipseed, Chris Todd, and John Tensen, Confirmation of Beautification Committee Member – Stacey Camera, Nielsen seconded the motion. Salmonsen stated she abstained approving the minutes for June 4, 2019 as she was not on the Council at the time. All ayes: motion carried. Old/New Business: Mayor Chadwick explained for the benefit of the citizens who may be new to the process for a public hearing that they need to sign the public testimony sheets in order to speak during a public hearing and then he reviewed the public hearing process. He asked the audience to refrain from speaking out, cheering, or clapping when others are speaking; to please keep the hearings civil so everyone can be heard. Public Hearing – Rezone & Conditional Use Permit – Seneca Springs Development: The Mayor opened the public hearing for the Seneca Springs Development and asked the Council if they had any ex-parte contact or conflicts of interest; hearing none the Mayor asked the applicant to come forward. Applicant – Brad Marczuk stated he is the architect of the project and would also be speaking for the applicant, and would be sharing his time with who is also part of their team. He explained there were three components to this application, the annexation and rezone, conditional use permit and a development agreement. Each component will be part of a mixed-use development. The existing landscape strip along Seneca Springs owned by the Rockbridge HOA dictates that they have a single access point off of State Street, which limits them development opportunities on this property. They are proposing commercial along State Street with multi-family residential buildings on the north side. They worked with the Idaho Transportation Department (ITD) to develop an access design to meet their corridor settings and future right-a-ways. They increased the right-a-way and will install a 216-foot deceleration lane with a right in / right out only onto State Street. With the deceleration lane, ITD had no concerns with the increased traffic count and no objections to the proposed project and they will have to meet all their requirements. ACHD, ITD, and the City of Star have been in discussions regarding streetlights and intersections as part of their corridor study. In working with the City of Star planning department they have modified their initial submittal to include a 52 foot right-a-way for potential public use as a public road, which runs east and west in the center of their development and will continue west as new projects get developed. Marczuk stated this project was developed under the ---PAGE BREAK--- 2 I P a g e Minutes 1-21-2020 Comp Plan and under the mixed-use zoning the multi-family as a standalone building is permitted as a conditional use and a height of 35 feet is allowed in this zone. A portion of this mixed-use includes a restaurant with a drive thru and shared parking. Under the C-2 zone they are proposing two commercial buildings that are orientated toward State Street. These structures consist of an auto parts store and a lease building. As there seemed to be some misunderstanding regarding the mixed-use, he read through the staff findings and recommendations which state the proposed development meets the requirements, standards and intent as they relate to the Comp Plan and Unified Development Code. This development falls under the existing plan and code. After meeting with staff, they redesigned the cross access with a 50-foot-wide access, decreased the multi-family units from 96 to 84 units and the covered and uncovered parking was decreased in portion. The multi- family units to the north and adjacent to the residential will be two-story units instead of the original proposed three-story. There will be a landscape buffer between the multi-family and the existing subdivision, providing a visual barrier. The two-story buildings provide a transition for the three-story buildings along Seneca Street and the commercial. Until the conditional use is granted, any design efforts for a final design elevation is premature. They plan on using quality materials and are willing to meet with the design review members on what they would like to see in a specific style and would harmonize with the existing neighborhoods. Marczuk explained they had proposed a D & B Store on the northern property but were denied easement access off of Seneca Springs by the Rockbridge HOA and D & B backed out as they wanted two accesses. Their emergency access is off the west end and has been approved by ITD and the Star Fire Department. All large and mid-size businesses they have approached will not do business because there is no access for large trucks. Thus, the project has evolved into what is being presented tonight. The development agreement is outlined in the land use report. Marczuk stated they have tried to address some of the concerns regarding traffic by building the crossroad inside the project and building the deceleration lane, and street improvements including sidewalk, streetlights, storm drain swales and utility updates. Another concern presented in comments is that this project is out of character with the surrounding context and they state the multi-family is not allowed or have to be on top of businesses. They are submitting under the existing zoning codes and have met with staff to be sure the plan comes under the current Comprehensive Plan. The multi-family to the north will be two stories and are buffered by landscaping and provide a transition to the three-story buildings and commercial. If the review committee requires a certain style of building, they are willing to accommodate. He pointed out Star is a growing city in need of more housing and more affordable housing and this helps fill that need. He noted this property is zoned for this type of project. Marlow stated she is an attorney representing the developer and wished to address the comments that were submitted in opposition. Most of the comments stated they do not want the growth that comes with the apartments. One stated they should build in the foothills where they will not be seen. The City will grow and will not be able to hide all multi-family projects up the hill and out of sight. This project presents a few difficult things and because of Rockbridge’s landscape strip it is limited; past Council's and ITD should have had the foresight of putting in access off of Seneca into this property. Developer took on this project knowing multi-family is allowed here with a CUP. They also realize property rights are paramount and protected under the law. They have been working with the City on the road right-a-way, the density, on lowering the heights of the buildings, and came up with a design that will harmonize with the area. One of the biggest concerns was traffic, and according to ACHD's traffic study in the staff report multi-family has the lowest trips per day of any of the uses that were proposed. She stated they had worked for months with Rockbridge HOA and their attorney to get access onto N. Seneca Springs and were informed they couldn't give them an easement because it was cost prohibited and not allowed in their CC&Rs; but they did grant them the emergency easement on the back. She stated if they could grant that easement, they could certainly grant them an easement ---PAGE BREAK--- 3 I P a g e Minutes 1-21-2020 where they needed it. without that access they could not get the D & B store. So, the developer chose the next best use of the property. She stated apartments are good for the community, are good infill, provide opportunity for children to come back to this community, great walking opportunity to downtown, which will reduce car traffic, and project won't put an extra burden on services as services are already there. She pointed out the developer is local and recently put in the D & B store in Kuna, if anyone would like to check out the quality of work he does. Hershey stated for the record he has approved and not approved apartments since he has been on the Council. By his understanding of the Comp Plan and the way they want the City to go a D & B would have been appropriate here. When he looks at the proposed project, he stated he does not see it fitting there and doesn't see it matching the Comprehensive Plan as he understands it. It states clearly in the Comprehensive Plan that apartments can be here but needs to be a very minor component. This highway area is where the City wants commercial development and he stated he has a hard time giving up any of this area for anything other than commercial. Hershey asked what it would take to go back and try again. Travis Stroud, the developer for the project, stated they did look at having a D & B but it was the lack of access that stopped it. While they were negotiating with the Rockbridge HOA, they found a more suitable location. Nielsen stated they mentioned bringing a restaurant with drive-thru and asked what other kinds of commercial they were looking at. Stroud stated there will be an auto parts store, but they do not yet have uses for the other two lots. Without a light and a secondary access point they could not justify commercial in the back portion. Keyes asked why the access was so close to Seneca and not further west. Marczuk stated it was because they had to keep a minimum distance from Seneca and they also had to have emergency access at the most westerly site and have maximum distance between those two access points. Keyes asked if this will be a right in and right out only, to which he was informed it was. Stroud noted they did work with ITD for cross access to minimize curb cuts when moving forward. Keyes asked staff why they couldn't get a large box commercial to get access onto Seneca Springs; why did they require access onto Seneca and this project doesn't. Stroud stated the access was a requirement of the big box retailer, it wasn't a City requirement. It was about circulating the trucks and filtering the people through; they weren't willing to do it without the secondary ingress/egress. Salmonsen stated she would like to see Star be more walkable and pedestrian friendly and asked if they could move the buildings forward. Stroud stated they would be willing to explore that layout and have more street presence. Salmonsen stated in the Comp Plan and in their economic development one of their objectives was to have street parking in the Central Business District. Mayor Chadwick stated it was an ITD question if she is referring to State Street. Stroud stated they were willing to work with ITD on that. Public Input: Michael Traficante, PO Box 83, Star, stated one of the questions is the apartments and are they harmonious with the Comp Plan and with the community. He pointed out to the Council that they can condition the project, if the Council wants more commercial, they can ask for it; commercial is in the Comp Plan. They need to consider the corridor plan and a second access. He stated he believed it is a good breakup of housing and the commercial corridor. ---PAGE BREAK--- 4 I P a g e Minutes 1-21-2020 Forrest Irwin, 10278 W. Purple Ash Drive, Star, stated in 1995 the LA Times published an article stating one of the most desirable places to locate was Star. He stated high density should be located at employment centers, not in residential areas. He reminded everyone that nobody in ITD lives here and they make decisions concerning us. The Developer doesn't live here; his only concern is to make money without any concern for us or for our way of life. He is concerned with water resources; these developments are high water usage. If you look west there is open space available that does not adjoin the residential. Jeff Sloan, 10082 W. Arrowleaf Court, Star, stated he is opposed to this project because this is a prime corridor for all commercial. He proposed the Council oppose this development because we need commercial. He stated he is sorry D & B is not coming but there are lots of other businesses out there. He would like to see commercial there opposed to anything else. James Wilson, 439 N. Glen Aspen Way, Star, stated he is opposed to the development as he feels it is a poor plan for the area. It will create 200 to 300 more cars onto a congested street. The desire is for commercial in this area – our tax base needs it. He is concerned with property values going down to houses that abut these kinds of projects. He urged the Council to vote no. Steven Bates, 266 N. Hullen Place, Star, stated the Rockbridge HOA recommends the Council deny the development agreement and particularly the conditional use permit. They have no objection to the annexation and zoning request. Steven Bates and Dough Krammer, 10343 W. Andromeda Court, Star, read from a prepared statement they passed out to the Mayor and Council (copy attached). Additionally, they had at the beginning discussions about moving the emergency access. Keyes pointed out they had stated they could possibly do a lease access agreement and wondered if their HOA would be open to providing access to a different development. Krammer stated the only way that would happen is if the City would guarantee their legal costs would be covered; and he didn’t see that happening. Gary Smith, 258 Langer Lake Way, Star, stated he was present in opposition to this project. He stated he had met with ITD and the City Planner and had concerns with traffic. Placing a turn lane into a complex of this size beginning at Seneca is an accident waiting to happen. A better plan is what was in the last Comp Plan which had high-density east of Highway 16 which gives traffic the ability to route east on Highway 44 and south onto Highway 16. Fighting traffic kills businesses as consumers will avoid congestion. Smith asked the Council to deny based on high density of traffic. Scott Kunau, 10260 W. Broadford Court, Star, stated he lives in Rockbridge and is opposed to any change in the zoning. He pointed out in the Comp Plan Section 8-7-4 Building Cluster that buildings shall be clustered to preserve scenic or environmentally sensitive areas and asked how does building three-story apartment buildings preserve our current scenic drive into their subdivision. He realized ITD owns Highway 44 and probably only uses computer models, but Seneca cannot support an additional 400 cars a day. The zoning ordinance is written to bring more retail to this area. He stated for the record that he is not against affordable housing but is opposed to apartment complexes on small parcels of land next to established residential. He asked the Council to work to bring more retail and figure out road accesses. Rick Chromey, 299 N. Hullen Place, Star, stated he is a new resident and just learned about this project after buying his home; he would not have bought if he had known. He felt the apartments are in the wrong area, are not right for Rockbridge or right for Star. He stated he is in opposition of approval. ---PAGE BREAK--- 5 I P a g e Minutes 1-21-2020 Jon Turnipseed, 11725 W. Caribee Inlet, Star, stated his objection to this project is because the need for commercial along State Street is essential. He asked if the Council decides to approve that the architect be held to design standards. He stated he is opposed due to the lack of commercial in the City. Will Howard, 10369 W. Capella Drive, Star, stated he kept hearing MU and wondered why they were changing the zoning. He noted Section 8-3E-1 states MU uses include single-family residential, duplexes, townhouses, multi-family and commercial. Vertically integrated residential is encouraged for transition between existing residential and commercial. Section 8-3E-4B states there should be two housing types and there is only one housing type here; they may be different sizes but there is only one type before going to commercial. Per Section 8-3E-3C-1 there should be a grid and there doesn’t appear to be one for this project. He stated he is against rezoning and the project as it stands. Steven Park, 10037 W. Andromeda, Star, stated he lives in Heron River and is opposed to this project with apartments and only minor commercial in front. He is concerned with right turns only into and out of the project. He expressed concern when turning left to go to Boise and people coming east from downtown Star being able to turn left into this development. A fast food business means a lot of traffic. Perry Cross, 10059 W. Andromeda Drive, Star, stated he realized the developer is concerned with making money, but he was not sure this is best for Star. He doesn’t see anyone walking along State Street as was mentioned regarding walkability. Generally, when you have high density you want mass transit and Star does not have any. Cross stated he is opposed and didn’t feel Council should rezone. He noted housing doesn’t pay for itself; we need a commercial tax base. Matthew Vrasper, 457 N. Mira, Star, asked if development is approved can we have the developer put in some sort of artwork at the entrance. He would like to have it no matter what goes in. Rebuttal: Stroud stated regarding traffic comments, they rely on ITD for that. They are commercial developers and would like it to be commercial, but access is an issue. Without a secondary access and without a light they are not going to draw commercial. They can get commercial to the front but get no interest in the back without a second entrance. There is a need for affordable housing and in their research there is a need in Star. As far as an auto parts store, yes there is already one, but who determines how many. Stroud stated they feel this is a right location, having multi-family in the urban core. He stated he would like to have all commercial, but the fundamentals are not there for commercial. Keyes asked if they move forward and decide they don’t want multi-family; would you still want us to approve the application for the front of the parcel. Stroud stated he would still ask for that piece as they do commercial. Hershey followed up by asking if they approve just the commercial part wouldn’t that basically limit the use. Strout stated without access they are limiting this parcel; he doesn’t see this ever being commercial without access. Salmonsen asked if there was a way to increase the commercial component. Stroud stated the most viable commercial is what they have here. They could not get any attraction to taking commercial further back from State Street without secondary access. ---PAGE BREAK--- 6 I P a g e Minutes 1-21-2020 Mayor Chadwick noted he heard a lot about affordable and market driven but didn’t feel these would be affordable apartments. Stroud stated rent is high due to supply, demand, and availability, and rent is now high due to fewer options. Discussion held as to whether Council had to approve all three applications, or could they approve individually and have staff review the Development Agreement to apply to the commercial parcels. Nickel stated he believed as long as the front parcels haven’t changed their size, they could act on the two and table or deny the CUP. They could direct staff to bring back a development agreement and Findings. As to whether he would move forward, Stroud stated he would but not sure the owner he is under contract with would as he would only be interested in the front parcel. Nielsen noted what they are wanting is more commercial, with walkability and possibly a gathering place. Stroud pointed out it would take more residential to have a gathering place. They will do cross access with the neighboring properties and hope to have another access point in the future. The Mayor closed the public hearing and moved to deliberations. Hershey stated he was concerned with having apartments in this area; their plan was to have more commercial in this business district. He suggested they deny and have them bring back something with more commercial; he could not approve as is. Keyes noted in the Comp Plan this was a commercial district and should be primarily commercial and he doesn’t see this being primarily commercial. He felt it to be inconsistent with their code and Comp Plan and would vote to deny. He would be open to annexation and zoning and having staff bring back a development agreement. Salmonsen stated she was not against apartments, but the issue was with the location of the apartments; she didn’t feel it met their Comp Plan. She would be willing to approve the commercial but would deny the apartment component. Nielsen noted they have a fiduciary responsibility to balance the ratio between commercial and residential. He was not in favor of approving applications individually, would like more commercial and there needs to be more work done with ITD for access. Their intent was for this to be a Central Business District and he would like to see it be done. The Mayor encouraged the Council to look seriously at this corridor; encouraged the developer and HOA to work on access to this property for commercial; that it was important to have the fiduciary ratio in balance; and to have the City, the developer, and the Rockbridge HOA sit down and work out an agreement on the commercial aspect on the property. He stated he would be willing to waive any future application fees for this developer to get the commercial aspect worked out. Hershey moved to deny the annexation application along with the rezone, Nielsen seconded the motion. Keyes stated he felt the applicant is interested in reworking the application if they table and asked Hershey to amend motion to table to a date certain. Nielsen stated he would like to see this reworked with more commercial, felt they should deny and have them come back, and possibly waive fees. All ayes: motion carried. ---PAGE BREAK--- 7 I P a g e Minutes 1-21-2020 Public Hearing – Rezone & Planned Unit Development – 10362 State Street: The Mayor asked the Council if they had any ex-parte contact or conflicts of interest; hearing none the Mayor declared the public hearing open. Applicant – Jason Martin, 9628 W. State Street, Star, explained the application is actually two properties, is currently zoned C-2, and they are asking to be rezoned to Central Business District with a PUD for a car dealership and to temporarily maintain the current residential duplex. He explained he is looking to do improvements with landscape buffering along State Street and along the east and west sides of the property. He has been in discussions with ITD and they want a right-of-way for widening State Street and at this time would support not putting in a sidewalk as it would be removed at a future date; therefore, he asked that it not be required at this time. The property owner would like to look at not putting in that sidewalk due to the cost to put in and the cost for ITD to remove it; also, the property to the east and west do not have sidewalks. Mike Virden, 2303 Bellagio Drive, Meridian, stated he is looking at doing a dealership on a small scale and to capitalize on commercial on the property in the future. He stated the sidewalk is not a big deal, the frontage is not a lot, just concerned with the elevation. He is looking at this to maximize retail use today and see where the future goes. Keyes asked him if he owned the pasture behind and he stated he did not. Nielsen asked why he was requesting a rezone and Virden stated he wasn’t sure but believed it had to do with fitting into the City’s plan. Nickel stated the CBD zoning provides flexibility and he knows the duplexes are temporary and will be going away in favor of commercial. Discussion held on improvements to site and it was explained they would like to create some retail in the front with paved parking and landscape, will have gravel parking at the duplex and it has a large backyard. Chadwick pointed out the Council’s desire is for that entire area to be CBD and asked if he would consider the use of the duplex for five years and then move it into a commercial aspect when they get access to the back area. Virden stated the timeframe on it is a concern due to the uncertainty of ITD. Chadwick suggested putting a sunshine clause on the duplexes and they could revisit after five years. Chris Yorgason, Legal Counsel, suggested tying it to a clause when Highway 44 is expanded or a year or so after. Virden stated he would be okay with something like that. Salmonsen asked about how many vehicles do they see being on the car lot; to which Virden estimated up to fifteen. Discussion was held regarding the sidewalk, maybe a temporary asphalt strip, and the possibility of bonding for it. Susan Arjona, with ITD Development Services, noted widening of the Highway is a 2024 project, there is no elevation there for a sidewalk, and removing sidewalks adds an extra expense to the project. Discussion ensued regarding developer bonding to put in the sidewalk in the future, ITD not being able to give developer the elevation for the sidewalk, and that there is no definite timeline for the road expansion. Public Input: Doug Kramer, 10343 W. Adirondack, Star, stated he didn’t know enough about this development, wondered why they need to rezone and would like to know exactly what is going in there. He is concerned with what this will look like in twenty to thirty years. Also concerned with the paved asphalt meeting Federal guidelines. Zack Bruneel, 3035 N. Hamlet Lane, Star, noted he owns the Vet Clinic adjacent to this property and was excited to see Mr. Virden take ownership. He stated he is willing to cooperate with him on future development and realized the best use of the property is commercial and that they need access to the back of the properties to develop. He stated he is in favor of the rezone and the plan; but wanted to ---PAGE BREAK--- 8 I P a g e Minutes 1-21-2020 make sure the rezoning doesn’t encroach to his property as he bought it as C-2 and wants it to remain C- 2 at this time. Rebuttal: Virden stated he currently owns an RV dealership and is looking at this as a possibility for opening a dealership which will open up retail opportunities. They are open to whatever Council decides regarding sidewalks. The Mayor closed the public hearing and moved to deliberations. Hershey stated regarding the sidewalk, he didn’t believe in putting in anything that will be torn up. He stated he is in favor of approving. Keyes stated he was happy to have the applicant in Star and the possibility of increasing commercial. He stated he was also in support of approving. Nielsen discussed his concerns regarding putting in the sidewalk and how they should address it. The Mayor encouraged the Council to put in the PUD conditions for a sunset clause for the residential duplex for a year after ITD completes the expansion of Highway 44 and the applicant will put in the sidewalk at the time of ITD’s expansion of State Street. Hershey and Nielsen suggest eighteen to twenty-four months was a better timeframe. Keyes moved to approve RZ-20-01 Annexation and Zoning and PUD-20-01 for 10362 and 10366 W. State Street with staff conditions plus a condition for installing the sidewalk in conjunction with ITD widening of State Street and approval of sunset clause of duplexes within twenty-four months after ITD completes their work with the option the applicant can request an extension of time, Hershey seconded the motion. All ayes: motion carried. Public Hearing – Annexation/Zoning/Preliminary Plat - Torchlight Estates Subdivision: The Mayor asked Council if they had any ex-parte contact or conflicts of interest; hearing none the Mayor declared the public hearing open. Applicant – Guy Jones, Alliance Building, stated he is representing the landowners of this project. They also have their civil engineer, Derrit Kerner, and their landscaping engineer present as well. Jones pointed out their lot sizes range from two acres to the smallest just over 10,000 square feet. They are requesting a zoning of R-2 with a density of 1.92 lots per acre and the subdivision is just over twenty acres. In the middle of their site they have a large water feature with a walking path around it, and have included a gazebo and a barbeque area, and have sidewalks throughout creating walking paths. He noted because of the size of their lots, ACHD did not require an impact study. Their open space does meet the City’s new requirement of fifteen percent. Discussion held on ITD’s request for traffic numbers at the intersection of Highway 16 and Highway 44 and Jones stated they could provide the information to ITD. Landscaping and setbacks were discussed, and Jones explained due to the size of the lots it will allow them to set houses farther back and he further explained the walking paths. Public Input: Barbara Moyle, 9800 W. Beacon Light Road, Star, pointed out she is just east of this property. She would like to see the lots bordering her property be larger, possibly be an acre. She is concerned with the drainage for her property from the north side. She pointed out red maple trees are toxic to animals and is concerned for her animals. She is concerned with lighting and fencing, and Jones ---PAGE BREAK--- 9 I P a g e Minutes 1-21-2020 stated there will be low lighting and they will do privacy fencing. Following a discussion regarding the red maple trees Jones stated they were also concerned and had removed those trees. In regard to the discussion regarding her farming, Nickel stated they will put in the conditions a note supporting the “Right to Farm Act” on final plats. Salmonsen asked about her water concerns and Moyle stated she irrigated east to west and was concerned that it may wash out fencing. Rebuttal: Jones pointed out they have a two-acre lot next to Moyle’s home. Regarding the drainage, they have it flowing to the west and have arranged with the neighbor to the west regarding retaining water by enlarging their pond. They will capture the runoff water. To curb light pollution, they will have down lighting and shielded domes. Nielsen asked they put the down lighting in their CC&R’s. The Mayor closed the public hearing and moved to deliberations. Hershey stated he was in favor of the project and liked the fact it is lower density. He felt they had addressed Moyles concerns and they need to put in the Right to Farm Act as a condition. He stated he felt it would be a welcome addition to Star. Nielsen moved to approve applications AZ-20-01 Annexation and Zoning and PP-20-01 Preliminary Plat for Torchlight Estates Subdivision and include requiring the dark sky lighting which they will putting into the City Code in a couple of months, include note supporting “Right to Farm Act”, and they put a sign at entrances indicating rules for building contractors, Hershey seconded the motion. Keyes stated he was in favor of approval and in regard to the concerns with the density, he wanted to clarity this entire project does comply with the Comp Plan. Salmonsen asked about the traffic study for ITD. Nickel stated as they move along with their discussions with ITD they will be coming up with language regarding Highway 16. He suggested they put in the motion a condition that Applicant continue working with ITD. Nielsen stated he would modify his motion to include suggested condition, Hershey seconded modified motion. All ayes: motion carried. Transportation Improvement Program Items: Mayor Chadwick explained they need to begin thinking about what they would like to add to the transportation list before them, which is ACHD’s prioritization list. He asked they get their suggestions back to staff by mid-March. Reports: Staff – Nickel reminded everyone they have scheduled adopting the new code at the February 11, 2020 meeting, and stated he would like to have one more workshop before that. Council – Hershey stated the Fire Department received a grant for a zodiac. Keyes stated the Transportation Committee has gotten off to a good start and they have appointed a new member. Salmonsen stated she had nothing to report as she had just started as a Council member. Mayor – Mayor Chadwick stated the last few weeks have been very busy, and he has made great contacts with ACHD, ITD and COMPASS. He has signed papers to get City Hall’s cameras put in so they can live stream meetings. They are also improving the phone system. He stated he will get committee assignment to them. ---PAGE BREAK--- 10 I P a g e Minutes 1-21-2020 The Mayor adjourned the meeting at 10:30 pm. Approved: Respectfully submitted: Trevor A. Chadwick, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- MINUTES 2-4-2020 1 Star City Council Meeting Minutes February 4, 2020 The regular meeting of the Star City Council was held on February 4, 2020 at 7:00 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, and Councilwoman Jennifer Salmonsen were present; Councilman Kevin Nielsen was absent. Approval of the Agenda: Keyes moved to approve the agenda; Hershey seconded the motion. All ayes: motion carried. Consent Agenda: Keyes moved to approve the Consent Agenda consisting of: Claims Against the City for January 2020 with two changes, to move $742.50 for Calyx-Weaver from code 438.21 plans to 419.48 professional dues and $40.61 for Xerox from code 419.48 professional dues to 419.31 supplies, and Final Plat Approval for Greendale Subdivision, Phases 1 & 2, Hershey seconded the motion. All ayes: motion carried. Presentations/Public Input: Hardin Sanitation Presentation – Mike Doyle, District Manager, Mark Site Manager, and Jared Donnelly, Accounts Manager, were present representing Hardin Sanitation. Donnelly stated they were present to request an opportunity to haul trash for the City of Star. He explained their various sister companies and where they provide service in the state. Their new office is now based out of Meridian; therefore, the City now has a competitor for services where they never had one before. They have a full line of services, have newer trucks and equipment, and have the resources available to implement the transition in the timeline needed with minimal disruption to residents. They can provide a listing of services for comparison of either a one sheet comparing apples to apples of basic services or a large document listing a lot of requirements. Outreach during the transition include letters to residents, information on the radio, calendars, and they could visit every business in town. They have introduced a free mobile app for residents to use which includes finding locations for recycling various items. He stated he understands the City currently pays $23.09 a month for services and they were able to negotiate with Ada County at $19.55 rate. Doyle asked for the opportunity to provide services to Star and that the City go out for public bid when considering renewing their current contract. Public Input - Rachele Klein, Republic Services, stated their current rate for service is $23.00 and she understands Ada County just changed their rates to a flat fee of $29.00. She reviewed some of the services they are providing to the City, the various activities they have participated in with the City, and noted the City now has a choice to take charge of their rates by bringing on variable cart rates. Republic Services has instigated programs for reducing costs and have passed the cost savings onto the City. She asked the City to be sure and carefully compare each proposal if they propose to go out for bid for services. ---PAGE BREAK--- MINUTES 2-4-2020 2 Committee Reports - Matt Vraspir, Chairman for the Pathways and Beautification Committee, pointed out they have changed their committee’s name. They are working on a dog park and would like a workshop with the Mayor and Council to iron out some questions. The Mayor asked if they could have the workshop the night of their next meeting on February 12 and Vraspir stated that would work. Vraspir stated they had met with Salmonsen and will be doing a River Walk review and will look at how to improve on it. A new project they are taking on is painting the utility boxes in town. In August they will again be hosting the Make Star Shine Day. He met with the Transportation Committee Chair regarding pathways and met with the Activities Committee and will possibly help with the Star Garden Project. They would like to look at having artwork in town. Hershey noted he'd picked up some scouts for Eagle Scout projects. Salmonsen asked to have a second person added to the next agenda for approval to serve on the PBC Committee. Jon Tensen, Chairman for the Transportation Committee, stated they have had two meetings and plan to meet the first Wednesday of each month at 9:00 am. Their short-term goals include updating the ECAMP map, working on the ACHD CIP updated map and creating a vision statement. Larry Osborn, Activities Committee, noted this is the tenth anniversary for the Hometown Celebration and they will be working with that as a theme. Activities will include a race, BBQ, pie auction, kid's games, concert, fireworks, and some adult activities in the evening. Old/New Business: Public Hearing: Rezone of 10474 & 10580 W. State Street – The Mayor explained the process for public hearings, asked the Council if they had any conflicts of interest or ex-parte contact, and hearing none, the Mayor opened the public hearing and asked the Applicant to speak. Applicant: Jeremy Telford, Arete Investments, pointed out this project was the old hotel that has been torn down, is 1.97 acres, and they are asking for a rezone to Central Business District (CBD). He stated he did not have a set plan for the property at this time, was here to rezone the property and would be looking to sell the property. He presented a template of possibility of businesses on the property and is moving toward more restaurants. Discussion was held on access to the property, possible cross access with the neighbors and from State Street. Nickel stated he had met with ITD and Bruneel Tire and offered to work with Telford to gain access. Public Testimony: Jon Turnipseed, 11725 W. Caribee Inlet Drive, Star, Idaho, stated yes to the old eye sore being gone, yes to getting commercial and asked the Council to approve. Donna Perrone, 10489 W. First Court, Star, Idaho, stated she is conflicted as she is happy to see the motel gone but when their HOA granted an easement it was for a dental office, not for a fast food business sixty feet from her home. She would like to see it developed but not with a fast food restaurant. She stated she is also concerned with additional traffic and that there may be more crime in the area. ---PAGE BREAK--- MINUTES 2-4-2020 3 Applicant Rebuttal – Telford stated he noted everyone’s concerns but only ITD will decide on an access; and they are suggesting a right acceleration/deceleration turn lane. In regard to crime, removing the old motel should help decrease crime. Telford noted they are most likely looking at small projects on the parcel and changing the zoning to CBD gives them the most viable options with most needing approval by a conditional use. The Mayor closed the public hearing and moved to deliberations. Hershey stated generally he felt it is a good idea and saw no reason to not rezone. Keyes stated bringing the zoning into compliance with the Comp Plan is positive and is in support of this. He noted he would like to see a full-service restaurant or tavern in the development agreement as an already approved use. Nickel pointed out there was no development agreement with this application, it is strictly a rezone. Salmonsen stated she was excited with the application, that the old motel is cleaned up, that they are willing to work with ITD, and is in support of rezoning. Keyes moved to approve the rezone of 10474 & 10580 W. State Street, Hershey seconded the motion with the understanding that if they can have preapproval of a sit down or tavern style of facility, he would second. Legal Counsel, Chris Yorgason, stated if they want a development agreement it needs to be done as part of the rezone. If they approve the rezone tonight, they are done and cannot come back with a development agreement. If they want a development agreement they need to table tonight and come back with a rezone and development agreement for another public hearing. Nickel pointed out that under the proposed zoning ordinance taverns, restaurants, and the likes are principally permitted and would have to come back for approval for landscaping and access. Unless the applicant is asking for a specific use now, he did not see a need for a development agreement. Keyes stated the motion was for approval of the rezone and a development agreement was not a part of the motion, Hershey seconded the motion. All aye: motion carried. Nickel clarified that any use needing a conditional use would have to come back before the Council for approval. Public Hearing: Annexation/Zoning/Preliminary Plat & Planned Unit Development of the Rosti Property (1460 N. Pollard Lane) – The Mayor asked Council if they had any conflicts of interest or ex-parte contact, hearing none the Mayor opened the public hearing and asked the Applicant to speak. Applicant: Becky McKay, Engineering Solutions, 1029 N. Rosario Street, Boise, Idaho, stated she was representing Toll Southwest, LLC. McKay explained the location of property and showed the location on a vicinity map. She explained the project consists of 171 acres, of which seven and a half acres is already in the City limits and is zoned MU while the rest is currently zoned RUT in Ada County. She explained the property has a lot of site characteristics that drove the design they are presenting. They met multiple times with staff, ITD, ACHD, Drainage District No. 2, Middleton Mill Canal, and Foothill Ditch Board to come up with a plan that worked for each applicable agency and district that governs this piece of property. One of the things in the master street map and ACHD required is the continuation of Floating Feather Road through to Highway 16. She explained 150 feet of right-of-way will be preserved for an ---PAGE BREAK--- MINUTES 2-4-2020 4 expressway on Highway 16 and they plan to have 50 feet of landscaping along the property. She explained the various irrigation accommodations they have incorporated per ditch companies’ comments. All collector streets will have 20 to 30 feet of landscaping with no lot access. They are proposing 469 single family lots, 70 common lots, and an 8.23-acre commercial lot. McKay shared a slide showing the amount of impact fees the project will be generating for roads. She noted ITD has requested $874,625.00 in funds to help mitigate traffic impact and it will need to go to the City till the intersection is approved. She explained the plans for multi-use pathways being proposed. Per their discussions with ITD there will be no lots accessing Highway 16 and explained commercial is not viable along Highway 16. They have planned for commercial on 8.23 acres along Floating Feather and envision such businesses as a daycare, assisted living, sandwich or coffee shop, and offices. There is an existing home and some outbuildings on the property, and they estimate they will remain for at least two years while the property is being developed. They met with neighbors and per their comments have designed the property with a density of 2.7 units per acre and are requesting zoning of R-3. They will have micro-paths throughout the project and open space with shelters and playground equipment. They plan to have various lot sizes to accommodate various styles of homes. The project is being proposed to be built in ten phases and they asked to be allowed to vary the phases according to the market. McKay explained where the sewer and water services were coming in and stated services are available through the Star Sewer and Water District. Slides were shown of amenities Toll Brothers have developed in other projects and different styles of homes they build. McKay stated they are asking for a variance of side setbacks to five feet from ten feet. Keyes pointed out the City’s intention was to have more commercial with a project this size and along Highway 16. Discussion ensued on the viability of commercial along Highway 16 and the fact it is hard to mix light industrial with single family homes and the uncertainty of drawing major businesses to Highway 16. The neighborhood commercial component will be dependent on the surrounding rooftops to sustain them. Access for neighbors was discussed and McKay pointed out they have planned curb cuts to accommodate the neighbors. Discussion was held regarding projection numbers, using COMPASS projection numbers versus what the City has in its Comp Plan. McKay stated for growth projection they used COMPASS and ACHD numbers because they are the planning organizations for roads. Keyes addressed staff regarding calculating open space and how an open fence can be considered as open space. Nickel stated it provides a visual amenity, does not provide open space. McKay noted they are providing 18.26% of open space, more than the 15% code requires. They will have a variety of nine different amenities including a pool and clubhouse, pocket parks throughout, pathways, and plan to have wrought iron fencing along the waterways. Hershey asked about the phasing and the fact the commercial is not indicated in the phasing. McKay stated commercial would not be developed until they get some rooftops. They have left it flexible to be neighborhood compatible businesses. Utilities will be put to the commercial with phase one. She noted they do not want to have too much commercial property as when it isn’t developed a lot of time the empty lots will become apartments and they don’t want to see that. ---PAGE BREAK--- MINUTES 2-4-2020 5 Salmonsen questioned the amount of open space as the staff report states there is 31.56 acres and McKay stated 40.1 acres. McKay clarified the 18.26% open space is based off of the 31 acres; the 40.1 acres is preserving right-of-way for future improvements to Highway 16 and landscaping. Salmonsen asked to have the micro pathways pointed out; which McKay did and explained the connectivity of the pathways throughout the project. She pointed out they will also have detached sidewalks with landscaping and attached sidewalks throughout. Salmonsen asked if there would be any pathways outside of the project. McKay stated when they vacate Pollard that will become a multi-use pathway and they will have pathways to American Star and for kids to get to the Middle School. Discussion was held regarding the corner of Floating Feather and Highway 16 and the possibility of an overpass there. McKay stated they have left a large area for the overpass and if needed they could eliminate a couple of lots and pull back a road. Discussion as to whether creating a different access would provide opportunity for commercial along Highway 16. McKay noted an expressway generally does not yield commercial opportunities. The Mayor asked if they would be willing to condition those lots to be open till ITD creates a plan for a full interchange, to which McKay stated they would be willing to forego development along the interchange till ITD comes up with a plan. Discussion held regarding Rosti Farm Road providing access to the project and connectivity south through the Moyle property and eventually out to Highway 44. It would also provide access to the parcels that have not yet developed. Public Testimony – Sam Rosti, 1460 N. Pollard Lane, Star, Idaho, stated he is the property owner and was here to answer questions; he had nothing to add otherwise. Ron Winegar, 8998 W. Floating Feather Road, Star, Idaho, stated he is skeptical this will work and is concerned with traffic, especially close to the school. Josh Kinney, 1995 Highway 16, Star, Idaho, stated he is not against the development but is against the density, especially along Floating Feather. He is concerned with the request for five- foot setbacks on both sides. He suggested the parcels should be larger as they get closer to the estate size lots. Susan Bradbury, 1024 N. Pollard Lane, Star, Idaho, stated as she lives just below this project, she is concerned with the pathway bringing people to her property, with light pollution and with traffic. Theresa Penn, 1875 N. Mountain Vista, Star, Idaho, stated she is concerned with density, that there are small lots along one acre lots, and with the surrounding irrigation canals and the open fences which appear to be counted as part of the amenities. Doug Kramer, 10343 W. Adirondack Court, Star, Idaho, asked Council to be planning for development in the next 15 to 20 years; they seem to be giving a lot of commercial to housing and didn’t see why they couldn’t have commercial along Highway 16. He stated he is concerned with the open space and felt open space along ditches and ditch banks is not useable open space. ---PAGE BREAK--- MINUTES 2-4-2020 6 He is also concerned with traffic and felt they should look at impact fees to provide walking paths. Chris Todd, 54 N. Plummer Road, Star, Idaho, noted Rosti Farm Way basically goes into three parcels and he wondered if it could be swung to the west. He felt the neighborhood commercial has great access to the north. He noted the Floating Feather corridor makes you look at this as two projects and they should look at pedestrian crossings. Todd suggested they have landscaping along the Highway that will make it look like a gateway into the City. He expressed concern with the access to get people to the school and with circulating pedestrian traffic. Kari Rosti, 1460 N. Pollard Lane, Star, Idaho, noted they had been farming this property for over 43 years and had never dreamed they would be developing the property, but they are now being boxed in by development and can no longer farm. When they run farm equipment down the road people become angry with them and make gestures. They ask they be allowed to annex and do realize there may be some changes needed. They know their time here is over and they can no longer farm. Applicant Rebuttal – McKay noted in regard to comments regarding traffic to the Middle School and the area when you look at the Highway District report they indicate they are operating within acceptable thresholds. There needs to be improvements at the intersection of Highway 44 and Plummer and that signal has been designed, bid out and improvements should start this spring when the weather clears. The existing Floating Feather Road will be extended to Highway 16 and will provide an additional outlet for this area. Regarding the northern boundary, McKay explained there will be significant separation between this project and the acre lots. Regarding safety, McKay explained ACHD has alternate flashing lights vs. the hawk lights for pedestrian crossing for safe routes to the school. McKay discussed the drainage; they will have fences and vegetation between the project and neighboring properties and will put in grass and sprinklers. McKay talked about the viability of commercial along Highway 16 and about the extensive landscaping they will do to make this an aesthetically pleasing gateway to the City. They took the Comp Plan and looked at it closely when creating a plan, but they also must create something that is viable and economical. McKay stated this is not just another subdivision, they are making a community. She asked the Council for support tonight. The Mayor expressed concern in wanting to make sure the commercial could never become a multi-family/apartment complex, to which McKay stated they would be willing to have that a condition in their PUD. He also suggested that several roads possibly be redesigned. Salmonsen stated she would also like to see a condition that they expand the northern lots. Nickel stated they could have the applicant redesign or make conditions of what the Council is looking for in the PUD. McKay stated they would like the opportunity to make some adjustments versus denying and starting over. The Mayor closed the public hearing and moved to deliberations. Hershey noted he had several concerns and would like to see the northern part with lighter density and the commercial expanded. He stated he was not comfortable with an R-3 zoning, with the M.U. portion, and would like to possibly wait for the ITD report. ---PAGE BREAK--- MINUTES 2-4-2020 7 Keyes stated in terms of development he would like to see closer to 15 acres for commercial, he concurs with lower density to the north, is concerned with open space and what defines an amenity, and with the berming along the Highway. He stated he felt there was more work to be done. Salmonsen stated she was excited to see the commercial center in that area. She is concerned with the increase in traffic and would like more information from ITD. Hershey moved to table the project to May 19, 2020 so the applicant can get review from ITD, and address their concerns, Keyes seconded the motion. All aye: motion carried. Reports: Staff – Nickel reminded the Council of the workshop being held tomorrow evening. Council – Hershey stated he attended the Officials Day at the Capital and has been appointed to chair Stars Historical Museum. Keyes stated he also attended the Officials Day at the Capital, had some great conversations, and met with Majority Leader, Mike Moyle. They have reformed the Transportation Committee and are making progress. Salmonsen stated she attended a meeting regarding Ada and Canyon County trail systems, attended Official’s Day at the Capital, attended a meet and greet for Expo Idaho Citizen’s Advisory Committee, and attended her first Air Quality Board Meeting. She has had several conversations with citizens getting input and hearing their concerns. Mayor – The Mayor stated that on February 17 and 18 the camera systems will be installed. They are also installing fiber optic lines into City Hall. He met with Middleton Mayor Rule and Eagle Mayor Pierce regarding defining impact areas. He was able to attend the groundbreaking ceremony for Amazon Falls. Adjournment: The Mayor adjourned the meeting at 9:45 pm. Approved: Respectfully submitted: Trevor A. Chadwick, Mayor Kathleen Hutton, Deputy City Clerk . ---PAGE BREAK--- MINUTES 3-3-2020 1 Star City Council Meeting Minutes March 3, 2020 The regular meeting of the Star City Council was held on March 3, 2020 at 7:00 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, Kevin Nielsen, and Councilwoman Jennifer Salmonsen were present. Approval of the Agenda: Keyes moved to approve the agenda and to table item 6A public hearing for Landyn Village Annexation/Zoning/PUD/Preliminary Plat and item 6D amendment to Republic Services Franchise agreement, Nielsen seconded the motion. All ayes: motion carried. Consent Agenda: Keyes moved to approve the Consent Agenda consisting of: Special Meeting Minutes of February 11, 2020; Claims Against the City for February 2020; Council Liaisons & Committee Chairs; appointment of Cristan Weston to the Beautification & Pathways Committee; Appointment of Heidi Prigge, Kim Hershey & Cathy Ward to the Star Museum/History Committee; appointment of Impact Fee Committee members: Don Newell, Craig Groves, Terry Fesler, Chris Yorgason and the Mayor; Final Plat for Fallbrook Subdivision, Phase 3; and an alcohol license for the Rustic Table, Hershey seconded the motion. All ayes: motion carried. Presentations/Committee Reports: Public Input - No one from the public spoke. Committee Reports – Dana Partridge, Chairman for the Activities Committee, stated they will be meeting on March 11th and will be voting on events for the Hometown Celebration. Events under consideration are the fun run, parade, breakfast, possibility of having the Boy Scouts participate, luncheon, pie auction, kids games, whether to have the talent show, there has been push back on them again having the Chandlers perform, looking to rebrand the marketing as this is the ten year anniversary for the celebration, and they are looking at sponsors. Nielsen asked if they would be taking suggestions for a new band and Partridge stated yes. Matt Vrasper, Chairman for the Pathways and Beautification Committee, stated they will be meeting March 11th at the Fire Station. He will send updated draft designs for the dog park to the Mayor and Council for consideration. Andy Freeman is working with the school regarding artwork on the electrical boxes. The Mayor asked to have Freeman reach out to him and Keyes recommended they reach out to the City of Boise as they currently do artwork on their electrical boxes. Jon Turnipseed, representing the Transportation Committee, stated they have reviewed the main corridor and are putting together recommendations for Council review. The Mayor asked if they could have the list for approval at the March 17th meeting and Turnipseed stated they could. They also will be going to the table with ACHD with some recommendations. Old/New Business: Public Hearing: Landyn Village Annexation/Zoning/PUD/PP – Mayor Chadwick stated the public hearing for Landyn Village has been tabled to May 5, 2020. ---PAGE BREAK--- MINUTES 3-3-2020 2 Public Hearing: Whitener Rezone and Planned Unit Development – The Mayor reviewed the process for public hearings, opened the public hearing and asked the Council if they had any conflicts of interest or ex-parte contact; hearing none, the Mayor opened the public hearing and asked the Applicant to speak. Applicant: Jay Gibbons, South, Beck & Baird, 2002 S. Vista Avenue, Boise, Idaho stated he was representing Mr. Whitener. He stated the property is located at 10206 W. State Street, is 4.76 acres, and was annexed into the City in 2007 and given a zoning designation of MU with a development agreement. The new Comp Plan shows the property as being in the Central Business District, so they are asking for rezoning to CBD. They have also submitted a request for a PUD with a concept for development; a final plan will be brought back before Council for approval. They are proposing a development ratio of 50/50, with retail fronting State Street and single-family, two story townhomes to the rear for transitioning to the neighboring residential. They are planning for 32% of open space along the northern boundary and will ensure the existing irrigation ditch will be protected. They have been working with ACHD and ITD on road access and the concept plan proposes access onto State Street and cross access to properties going east and west. He asked the Council to approve the concept plan of a mixture of commercial and townhomes so they can pursue businesses to bring back a definitive plan for Council approval. The proposed development complies with Star’s Comprehensive Plan as CBD with retail in front, live/work opportunities in the middle, and higher density residential transitioning toward the back. Roads, parking, trees on site, amenities were discussed and Gibbons stated the roads would be 36 feet, they will meet City code regarding parking, most of the mature trees will need to be removed, and amenities have not been identified but looking at the possibility of a walking path. Concern was expressed with the 50/50 ratio of commercial and residential, with the Council indicating they would like to see more commercial. Gibbons stated they could realign a bit or choose a different product type to go to a 70/30 ratio with more commercial. This is a concept plan and they could make changes; the Council could condition their approval and they would make it happen. Public Testimony: Steven Zinzer, 289 N. Baldy Place, Star, Idaho stated he is concerned with traffic, adding residential to commercial, with noise, with the type of restaurants that may go in, and asked if they will be covering the canal and how tall the buildings will be. Zinzer stated he objects to this project and doesn’t feel the City can absorb more commercial. Doug Kramer, 10343 W. Adirondack Court, Star, Idaho stated he was representing the Rockbridge Homeowners Association and their primary objection is the volume of the residential component. They feel the City needs more commercial/business and this project does not meet the City plan. He noted they are also concerned with traffic and realized there are limitations with access. Kramer stated this proposal for the residential portion does not meet with the City’s plan for that area and the Council should hold a development request to their CBD specifications. There is a specific plan for that area and the Council should follow their plan. He asked Council to take into consideration all the comments in the letter from the Rockbridge HOA. Applicant Rebuttal – Jay Gibbons stated in regard to the irrigation canal, by law it has to remain open or closed and they will follow the law on that. As far as live/work buildings, apartments over retail on first floor, it is something that can happen, and Council can define how much retail and living space they envision. In regard to traffic, they have traffic engineers waiting to do a study upon council approval. Discussion held regarding the request for a PUD and whether this proposal met the definition and why the Council would take action on it. Gibbons reiterated this is a concept plan and they are asking if they can do this type of mix. City Planner, Shawn Nickel, explained staff looked at this as a PUD and by approving it gives the developer the ability to go out and market the development. Council will be approving the uses that will be allowed in the matrix and they can put conditions on it. Keyes asked if he understood they were willing to be conditioned at 70% commercial and 30% residential, building ---PAGE BREAK--- MINUTES 3-3-2020 3 maximum at two-stories, would be willing to tile the ditch, and to work with ITD, ACHD and staff on the corridor meeting their ECAMP Map. Gibbons stated that was correct. Legal Counsel, Chris Yorgason, pointed out they can not force them to tile the ditch, but could restrict them to meeting what the irrigation company will require. Additional discussion regarding conditioning without seeing something definite, ACHD’s report, the feasibility of a backage road, and the possibility of a stop light. The Mayor asked if they would be willing to pay their proportionate share of a traffic light to which Gibbons stated ACHD would probably require it. The Mayor closed the public hearing and moved to deliberations. Nielsen stated he agreed access was a concern; stated the project is appropriate according to our Comp Plan; he did not want to put a percentage on the project but would like the Council to state what they want, developer design and bring back. Keyes was concerned the ratio for commercial should be increased and stated he did not object to going forward and conditioning it with conditions that would protect the City and neighbors. Hershey stated he was also concerned with the commercial/residential ratio and had no objection to tabling for a more detailed plan; but was okay with approving the rezone. Legal Counsel noted they could hold a workshop if notice is given, no public input would be taken, then another public hearing would be held at which public input would be taken. If they choose to table the application, they need to table to a date specific. Nickel suggested tabling the whole application and looking at a workshop in-between. Nielsen moved to table the application to April 7, 2020 and schedule a workshop in-between, Keyes seconded the motion. All aye: motion carried. Public Hearing: Amended Flood Plain Ordinance No. 305 – Legal Counsel explained the proposed changes are for items the EPA is asking for and the proposed changes were recommended by the City Engineer who assisted with this. The Mayor noted he understood it was also adopting new Flood Plan maps and changing some minor wording in the Ordinance. Mayor Chadwick declared the public hearing for Ordinance No. 305 open and asked Council if they had any questions and if anyone from the public had signed up to speak. Public Testimony: No one from the public spoke. Hearing no comments from Council or staff, the Mayor closed the public hearing and moved to deliberations. Nielsen moved that pursuant to Idaho Code Section 50-902 the rule requiring an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 305 be considered after reading once by title only, Hershey seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Salmonsen – aye, Nielsen – aye: motion carried. Keyes moved to approve Ordinance No. 305, an Ordinance of the City of Star, Idaho, amending Ordinance No. 300; changing the designation of flood plain permit timeframes; changing the designation date of the flood plain map for the City of Star as amended for the Ada County area; changing the first ---PAGE BREAK--- MINUTES 3-3-2020 4 official Flood Plain Ordinance date adoption; and providing for an effective date, Hershey seconded the motion. All ayes: motion carried. Reports: Staff – Nickel stated he attended a meeting at Ada County regarding changing cell towers in Ada County and having a more unified ordinance for cell towers for City’s and the County. Would like to hold a workshop for a presentation. Discussed workshop dates for the cell tower, northeast corner of Chinden and the southwest overlay. Nickel will check availability dates and let Council know. Chief Jake Vogt – informed the Council the department recently acquired dromes for use in river rescue, locating lost children or adults, searching for fleeing citizens and such. It is also capable of taking video of buildings and parks for planning purposes. The drones will be a shared resource in the department. Council – Hershey stated he met with the Star Outreach’s new board and he is a member of the board. Keyes stated there will be a transportation meeting tomorrow, he attended an ACHD meeting, attended the groundbreaking ceremony for the Star Sewer & Water District, toured the Fire Station and viewed the progress on their remodeling, and attended the Eagle State City address. Salmonsen stated she attended an Air Quality Board meeting, COMPASS meeting, Expo Idaho meeting, and the Star Sewer and Water District groundbreaking ceremony. Nielsen stated he attended the Boise Metro Chamber meeting and the Council workshops. Mayor – The Mayor noted these various agencies are excited that Star is now being represented at their meetings. The Council held a workshop with the Association of Idaho Cities, and they covered various laws. He also attended the Star Sewer and Water District groundbreaking ceremony, and he held his first Mayor’s Meet & Greet at which approximately thirty citizens attended. The Mayor’s State of the City address will be held March 31, 2020 at 6:30 pm at LifeSpring Church. He noted he has been meeting with the Mayor of Eagle regarding the two City’s Areas of Impact. Adjournment: The Mayor adjourned the meeting at 8:45 pm. Approved: Respectfully submitted: Trevor A. Chadwick, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- MINUTES 3-16-2020 1 Star City Council Special Meeting Minutes March 16, 2020 The special meeting of the Star City Council was held on March 16, 2020 at 6:30 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, Kevin Nielsen, and Councilwoman Jennifer Salmonsen were present. Approval of the Agenda: Nielsen moved to approve the agenda; Hershey seconded the motion. All ayes: motion carried. Old/New Business: Resolution No. 2020-02 Emergency Declaration - Keyes moved to approve Resolution No. 2020-02, a Resolution ratifying a Declaration of Local Disaster Emergency; authorizing the continuance of the local Disaster Emergency Declaration and its terms for a period of thirty (30) days; authorizing the immediate expenditure of public money to safeguard life, health and property; and providing an effective date, Nielsen seconded the motion. All ayes: motion carried. Ada County Highway District Five Year Work Plan – The Mayor explained they need to approve the ACHD Five Year Work Plan so they can get it to ACHD by Thursday to allow them time to incorporate it into their plan. Keyes stated the Transportation Committee had been working on this plan for about two months and a lot of the things on it the Council has seen before. They had changed a couple of things, worked on the community programs, and did pull off the bridge on Plummer Road since it has been taken care of. Once the Transportation Committee was done, they sent it over to the Pathways and Beautification Committee so they could review, and they approved it. Nielsen questioned who would be connecting the bridge to the sidewalk and the Mayor stated ACHD would. Keyes moved to approve the City of Star 2020 Prioritization Request Form; Hershey seconded the motion. All ayes: motion carried. The Mayor stated he would get a letter to ACHD. Reschedule Public Hearings to a Date Certain In Future - Mayor Chadwick explained they needed to table the public hearings scheduled for March 17, 2020 to a future date as well as the Canyon County Memorandum of Understanding, Republic Services Franchise Agreement, and approval of updates to the UDC. Discussion was held on the updates to the UDC and to have the proposed changes sent out to Council for review prior to the next Council meeting. Hershey moved to reschedule the public hearings for Moon Valley Estates and Moon Valley Commons to April 21, 2020, Salmonsen seconded the motion. All ayes: motion carried. A discussion was held regarding a joint meeting with City and Counties regarding emergency management and putting steps in place for public safety. Information will be available on the City website and through social media. The Mayor discussed the safety measures put in place at City Hall with City staff. He shared the DMV many shut down their offices starting Tuesday ---PAGE BREAK--- MINUTES 3-16-2020 2 and citizens will be able to renew on-line. ITD will be giving a ninety day extension on renewals. Mayor Chadwick stated City Hall is open but they are closing down all Rec programs till further notice and he is changing the City address to a future day. The Fire Department has closed down all extra-curricular activities. Keyes stated the Star Library and the Chamber have shut down all events. Adjournment: The Mayor adjourned the meeting at 7:50 pm. Approved: Respectfully submitted: Trevor A. Chadwick, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- MINUTES 3-23-2020 1 Star City Council Special Meeting Minutes March 23, 2020 The special meeting of the Star City Council was held on March 23, 2020 at 6:30 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, Kevin Nielsen, and Councilwoman Jennifer Salmonsen were present. Approval of the Agenda: Keyes moved to approve the agenda; Hershey seconded the motion. All ayes: motion carried. Old/New Business: Ordinance No. 306 – Public Health Hazard Authority – Mayor Chadwick opened the meeting for discussion of Ordinance No. 306. Points discussed were: a) 4-7-3B Social Distancing Order to exclude areas in another incorporated city; b) add a Section 4 under 4-7-5 that this Ordinance shall be rescinded upon the order of the Governor declaring the COVID-19 emergency over or after 180 days, whichever comes first; c) striking 4-7-3-B-2 restrictions on travel through or visitation within the community, the intent is not to shut down roads as the City has a major corridor through it; d) 4-7-5 Penalty – possibly remove entirely or change from a misdemeanor to an infraction; e) 4-7-3-C #3 & #5 are similar, recommend removing f) It was felt some of the Ordinance was heavy handed and the Emergency Resolution already approved would cover a lot of the items. The Mayor explained this would allow them to take certain actions not covered in the resolution if necessary; g) 4-7-3-C-6 condition of the isolation, was clarified this would allow the City to have a policy in place to make a call for our community, while the Governor declares something for the whole state; h) add wording stating orders issued per recommendations of CDH or other health officials. It was noted this Ordinance is to allow the Mayor to issue orders in the event of an emergency, nothing in it is a mandate. It is aimed to lower the health risk curve. Nielsen moved to table Ordinance No. 306 and ask the City Attorney to draft a revision taking into consideration the items discussed and reconvene as soon as that is complete with another special meeting. In addition to some of the changes talked about, recommended scratching items 4-7-3 entirely and 4-7-5 and replace the ordinance with the essentials to give the Mayor powers to enact orders that will implement recommendations from the Center for Disease Control and Central District Health, Hershey seconded the motion. Keyes stated he would also like to add when the City Attorney reviews this that he includes language from our State Code and references the statutes; and he is opposed to completely removing the penalty section because an ordinance with no penalty is no ordinance at all. The Mayor clarified this Ordinance is for our City only. Keyes asked it to be on record that he believes the Ordinance tonight is adequate with ---PAGE BREAK--- MINUTES 3-23-2020 2 the changes they have discussed and for that reason he will be a no vote and if the motion fails he will make a substitute motion to approve with the changes discussed tonight. The Mayor contacted Legal Counsel by phone to discuss if the Mayor can break a tie in this situation or does the motion die if there is a tie vote. Per Section 50-902 of the Idaho Code the passage of an ordinance by roll call requires a majority of the Council; therefore, if there is a tie the motions dies. Nielsen reiterated his motion is to table this so Legal Counsel can take the input of the Council given tonight and come back with a revised Ordinance. Keyes stated as we have nothing in place currently, he would like to pass the Ordinance tonight and consider a substitute ordinance in three or four days from now. Following discussion on timeframes for approval, 180-day clause, following CDC or CDH recommendations, and Legal Counsel rewriting, Nielsen restated his motion is to table a decision on this Ordinance and reconvene as soon as Legal Counsel can draft changes discussed, soften some of the language, and have an Ordinance that gives the Mayor the authority to enact orders that are recommended by the Center for Disease Control or Central District Health, Hershey seconded his motion. Roll Call: Hershey – aye, Keyes – nay, Salmonsen – aye, Nielsen – aye: motion carried three to one. Mayor Chadwick asked the Council to give him their comments and he would get them to Legal Counsel to rework the ordinance. Adjournment: The Mayor adjourned the meeting at 7:20 pm. Approved: Respectfully submitted: Trevor A. Chadwick, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- MINUTES 3-25-2020 1 Star City Council Special Meeting Minutes March 25, 2020 The special meeting of the Star City Council was held on March 25, 2020 at 6:30 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, Kevin Nielsen, and Councilwoman Jennifer Salmonsen were present. Approval of the Agenda: Keyes moved to approve the agenda, Salmonsen seconded the motion. All ayes: motion carried. Old/New Business: Ordinance No. 306 – Public Health Hazard Authority – Keyes moved that pursuant to Idaho Code Section 50-902 the rule requiring an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 306 be considered after reading once by title only, Salmonsen seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Salmonsen – aye, Nielsen – aye: motion carried. Keys moved to approve Ordinance No. 306, an Ordinance adding a new chapter to Title 4, Star City Code, regarding public health hazard authority, definitions, public health hazard orders, process for enacting public health hazard orders, penalty, adopting a savings clause, and providing an effective date. Salmonsen seconded the motion. Nielsen thanked the Council for taking the time to work on the Ordinance and felt it now balanced the powers under conditions of emergency. All ayes: motion carried. Adjournment: The Mayor adjourned the meeting at 6:35 pm. Approved: Respectfully submitted: Trevor A. Chadwick, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- 12:40 PM 03/30/20 Ada County Highway District Total Ada County Highway District Ada County Prosecutors Office Total Ada County Prosecutors Office Ada County Sheriff's Office Total Ada County Sheriff's Office Business US, lnc. Total Business US, lnc. Arrow Rock Photography Total Arrow Rock Photography Association of ldaho Cities Total Association of ldaho Cities Austin J Likes Total Austin J Likes Austin Likes Total Austin Likes B-Line Signs Total B-Line Signs Batteries & Bulbs Total Batteries & Bulbs Blue Cross of ldaho Total Blue Cross of ldaho Boise Metro Chamber of Commerce Total Boise Metro Chamber of Commerce Brady lndustries Total Brady lndustries BuyWyz Total BuyWyz Calyx-Weaver & Associates Total Calyx-Weaver & Associates City of Star Unpaid Bills Detail As of March 30, 2020 Date sptit [PHONE REDACTED] 419.54 .ACHD tmpact Fee [PHONE REDACTED] 416,00 Legal [PHONE REDACTED] 450.50.Potice [PHONE REDACTED] 419.51 Tetephone [PHONE REDACTED] 4'19.69 . Misceilaneous [PHONE REDACTED] 419.49 Training [PHONE REDACTED] 432.16.Referees [PHONE REDACTED] 432.16.Referees [PHONE REDACTED] 419.60 . Maintenancr: & Rep [PHONE REDACTED] 419.60 Maintenancr; & Rep [PHONE REDACTED] 415.25 .Heatth tns [PHONE REDACTED] 419.48 . Professional Dues [PHONE REDACTED] 419.61 . Maintenancer & Repair - Building [PHONE REDACTED] 419.31 Supplies '157,150.00 - 1 57,'t50.00 2,500,00 2,500.00 85,524.00 85,524.00 592.86 592.86 95.40 95.40 250.00 250.00 '160.00 160.00 210.00 210.00 50.00 - 50.00 136,08 136.08 10,640.85 10,640.85 450.00 450.00 1,757.47 1,757.47 7 11 .05 71 1 .05 [PHONE REDACTED] 438.21.Ptans Page 1 of 5 ---PAGE BREAK--- 12:40 PM 03130t20 City of Star Unpaid Bills Detail As of March 30,2020 Date --03t30t2020 419.51 'Telephone Split Open Balance -r 181 07 181.07 3,380.00 3,380.00 86.40 86.40 1,904.69 1,904.69 1,030.00 1,030.00 3,240.00 3,240.00 212.40 212.40 8,730.09 8,730.09 5,880.00 5,880.00 16,090.65 16,090.65 5,460.00 5,460.00 1,421 .83 1,421 .83 6.36 - 6.36 14.87 14 87 4,284.30 Century Link Total Century Link Christopher Yorgason Total Christopher Yorgason Cloverdale Nursery Total Cloverdale Nursery Gomputer Consulting Total Computer Consulting Dan's Pump and Filter, LLC Total Dan's Pump and Filter, LLC Dana Partridge Total Dana Partridge Desiree Lopez Total Desiree Lopez DMH, Enterprises Total DMH, Enterprises Dude Solutions Total Dude Solutions ECI Contractors Total ECI Contractors Express Employment Professionals Total Express Employment Professionals First lnterstate Bank Total lnterstate Bank FTF Media LLC Total FTF Media LLC G&RAgProducts Total G&RAgProducts Gameface Athletics Total Gameface Athletics [PHONE REDACTED] 416.00 . Lesal [PHONE REDACTED] 419.60. Maintenance&Rep O3l30l2O2O 419.42.ProfessionalServices [PHONE REDACTED] 419.60 .Maintenance & Rep [PHONE REDACTED] 419.42 Professionalservices [PHONE REDACTED] 432.10 . [PHONE REDACTED] [PHONE REDACTED] 419.48.ProfessionalDues [PHONE REDACTED] 424.40.Electricalln:spector [PHONE REDACTED] 415.14 .Hourly - Tenrp o3t30t2020 -sPLIT- [PHONE REDACTED] 419.31 Supplies [PHONE REDACTED] 4'19.60 . Maintenance & Rep 4,284,30 Page 2 of 5 [PHONE REDACTED] 432.12 Uniforms ---PAGE BREAK--- Unpaid Bills Detail As of March 30,2020 Date -r 03130t2020 12:40 PM 03130t20 City of Star 419.60 Maintenance & Rep Open Balance - 800.00 62.00 - 62.00 4,728.50 4,728.50 1,416.95 't ,416.95 1,705.00 1,705.00 3.54 3.54 1,567.53 1,567.53 1 08.1 6 1 08.1 6 229.50 - 229.50 541 .43 541 .43 70.00 70.00 4,045.30 4,045.30 14,730.00 14,730.00 '1 34.50 134.50 65.00 Split Hank Day Total Hank Day Hope Blooms Flowers & Things Total Hope Blooms Flowers & Things ICRMP Total ICRMP ldaho Central Credit Union. Total ldaho Central Credit Union. ldaho Gorrectional lndustries Total ldaho Correctional lndustries ldaho Materials & Construction Total ldaho Materials & Construction ldaho Power - IDACORP Total ldaho Power - IDACORP ldaho Statesman Total ldaho Statesman ldaho Tractor lnc. Total ldaho Tractor lnc. lntermountain Gas Company Total lntermountain Gas Company lsaac Clark Total lsaac Clark Jaker Re-wholesale Nursery Total Jaker Re-wholesale Nursery Keller Associates Total Keller Associates Larry Bearg Total Larry Bearg Mountain Alarm Total Mountain Alarm [PHONE REDACTED] 418.20 ,Civic Promotion & Dev-fund rais [PHONE REDACTED] 419.40 . lnsurance 03t30t2020 [PHONE REDACTED] 419.31.Supplies [PHONE REDACTED] 419.60. Maintenance&Rep 03t30t2020 03t30t2020 419.46 Advertisement & Publ [PHONE REDACTED] 419.60 . Maintenance & Rep 03t30t2020 -sPLIT- [PHONE REDACTED] 432.16.Referees [PHONE REDACTED] 419.61 Maintenance & Repair - Building [PHONE REDACTED] 419.42 . Professional Services [PHONE REDACTED] 432.10 800.00 65.00 Page 3 of 5 03130/2020 419.61 Maintenancer & Repair - Building ---PAGE BREAK--- 12:40 PM 03t30t20 Neurilink Total Neurilink Niki Dean Total Niki Dean Republic Services Total Republic Services RlMl lnc. Total RlMl lnc. Silver Creek Total Silver Creek Simplot Partners Total Simplot Partners Southern Computer Warehouse Total Southern Computer Warehouse Sparklight Total Sparklight SPF Water Total SPF Water Stan's Golf Cars Total Stan's Golf Cars Star Fire Department Total Star Fire Department Star Merc Total Star Merc Star Sewer District Total Star Sewer District Star Storage Total Star Storage Star Vet Glinic Total Star Vet Clinic City of Star Unpaid Bills Detail As of March 30,2020 Date Sptit [PHONE REDACTED] 470.74. Capital Expenditure-equip [PHONE REDACTED] 432.10 . 03130t2020 419.52.Utilities [PHONE REDACTED] 424.60. Mechanical lnspector [PHONE REDACTED] 419.60 .Maintenance & Rep [PHONE REDACTED] 419.60. Maintenance&Rep [PHONE REDACTED] 470.74 Capital Expenditure-equip [PHONE REDACTED] 419.51.Telephone [PHONE REDACTED] 419.42 . Professional Services [PHONE REDACTED] 419.60 .Maintenance & Rep [PHONE REDACTED] 419.56 , Star Fire lmpact Fees 03t30t2020 -sPLIT- [PHONE REDACTED] 419.52.Utilities [PHONE REDACTED] 432.14.Equipment Open Balance - 5,738.96 5,738.96 106.20 106.20 260.29 260.29 13,005.66 13,005.66 3,300.24 3,300.24 2,367.60 2,367.60 1,086.98 1,086.98 699.59 699.59 763.00 763.00 435.65 435.65 67,587.32 67,587.32 243.41 243.41 54.38 54.38 80.00 80.00 1,400.00 1,400.00 Page 4 of 5 [PHONE REDACTED] 440.00 .Animal Controt ---PAGE BREAK--- '12:40PM 03/30/20 Total Whitman & Assoc. lnc. Xerox Total Xerox TOTAL State of ldaho Federal Surplus Total State of ldaho Federal Surplus Tates Rents Total Tates Rents Treasure Valley Coffee Total Treasure Valley Coffee Tristan May Total Tristan May United Heritage Total United Heritage Valley Wide Coop Total Valley Wide Coop Vanguard Cleaning Total Vanguard Cleaning Verizon Total Verizon Whitman & Assoc. lnc. City of Star Unpaid Bills Detail As of March 30,2020 Date split -r-E0313012020 419.60 . Maintenanc;e 8, Rep [PHONE REDACTED] 419.60. Maintenance&Rep [PHONE REDACTED] 4'1 9.31 Suppties [PHONE REDACTED] 432.16.Referees [PHONE REDACTED] 217.06. Health tnsurance(Employee Ded) [PHONE REDACTED] 419.61 .Maintenance & Repair - Building 03t30t2020 419.61 Maintenance & Repair - Building 03130t2020 419.51 ' Telephone 03t30t2020 424.20 Building lnspector [PHONE REDACTED] 419.31 Suppties 350.00 350.00 194 88 194.88 274.80 274.80 160.00 160.00 96.07 - 96.07 632.99 - 632.99 514.00 514.00 146.53 146.53 82,074.91 82,074.9',1 67.37 - 67.37 - 524,133.61 Page 5 of 5 ---PAGE BREAK--- CITY OF STAR P.O. Box 130 Star, Idaho 83669 P : [PHONE REDACTED] F: 208-286 -7569 RENEWAL APPLICATION BEER, WINE, LIQUOR LICENSE Business Name: Physical address of license location: ll3q-1 U\ S+Ot€ 3t . State: ID zip: 83Uto9 Business Telephone: 0OB - 9fa- Sf f E Applicant Name: Mn Cl.ri n MailingAddress: 90 Bqx Q3tO, €ugene, Cp Qfqoa Applicant Telephone: Sq l- 3qq -Ob8l Fax: All applicants are required to submit the following: Applicant Description Staff Jr completed and signed Beer, wine, Liquor License Renewal Application l1 Payment in Full 'lr/ I Copy of your 2020 Ada County License L,2 lqpy of your 2020 State License Proof of Insurance v/ LICENSE TYPE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor J-E FEES (PER YEAR): $200.00 50.00 200.00 50.00 225.00 Total Fee Due 50.oo So. oO ApplicantSignature: d 4 DateApplicationReceivedT J'zct->c: Feepaid: tlo0'o" QEtl Date License Issued: Star License No: License Sent: Date: 3- t3-La'>a l0o, oo ---PAGE BREAK--- CITY OF STAR P.O. Box 130 Star, Idaho 83669 P: 208-286 -7247 F : [PHONE REDACTED] RENEWAL APPLICATION Applicant Name: Mailing Address: Applicant Telephone: Log,$1o-1013 Fax: All applicants are required to submit the following: LICENSE TYPE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor BEER, WII\E, LIQUOR LICENSE FEES (PER YEAR): $200.00 50.00 200.00 50.00 225.00 FEE: Jnc 40 2Ao t jx,- Date Application Received: 3'*t' Fee Paid: t5o.o' od *Itt Date License Issued: Star License No: License Sent: S 6on Applicant Description Staff Completed and signed Beer, Wine, Liquor License Renewal Application J/ Payment in Full Cqpy €your 2020 Ada County License l/ Copy of your 2020 State License r Copy of approvql letter from the Star Fire Deparlment 'fufto ri t Proof of Insurance / Total Fee Due Applicant Signature: Business Name: Physical address of license location: BusinessTetephone, 2 51V - t, lt> State: Jal n, . zip, 9bb4 ---PAGE BREAK--- Business Name: Physical address Business Telephone: Applicant Name: Mailing Address: Applicant Telephone: All applicants are required to submit the following: CITY OF STAR P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] F: [PHONE REDACTED] RENEWAL APPLICATION FEES (PER YEAR): FEE: frECEMED APR ' q 202A CITY OF SXAR BEBR, WII{E, LIQUOR LICENSE state: -}et- -zip: $e{:rt LICENSE TYPE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor -rt' $200.00 50.00 200.00 s0.00 225.00 W6es Total Fee Due Date Application Received; t-/-r 5- zr> Fee Paid: t LV{-* ,k$rr8 Date License Issued: Star License No: License Sent: Applicant Description Staff Completed and signed Beer, Wine, Liquor License Renewal Application Payment in Full P Copy of your 2020 Ada County License t/ / Copy of your 2020 State License L {opy of approval letter from the Star Fire Department Proof of Insurance Applicant Signature: of license location: ) ,Gto ---PAGE BREAK--- trw{ CITY OF STAR P.O. Box 130 Star, Idaho 83669 P : [PHONE REDACTED] F: [PHONE REDACTED] RENEWAL APPLICATION BEER, WINE, LIQUOR LICBNSE Business Name; Maverik, lnc. #465 Physical address of license location: 11?]43 W St?te !]reet, Star State: ldaho zip: 83669 Business Telephone: _ _ Applicant Name: Maverik, lnc. Mailing Address; 185 South Slate ltreet, Suite 800- SLC, UT 84111 Applicant Telephone; 801 -68?--3628 p6*. [PHONE REDACTED] All applicants are required to submit the following: Applicant Description Staff X Completed and signed Beer, Wine, Liquor License Renewal Application tl X Payment in Full / X Copy of your 2020 Ada County License V X Copy of your 2020 State License X Proof of Insurance LICENSE TYPE: Beer consumed on premises. Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor FEES (PER YEAR): $200.00 50.00 200.00 s0.00 225.00 Total Fee Due FEE: X X 100.00 Applicant Signaturei Date Application Receivedr 3'zo - -lo Fee Paid: tloD.* , Date License lssued: Star License No: License Sent: Date: [PHONE REDACTED] ---PAGE BREAK--- RE APR 14 2020 CITY OF STAR CITY OF STAR P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] Fz [PHONE REDACTED] RENEWAL APPLICATION BEER, WINE, LIQUOR LICENSE Business Name: R,.,,Eli r T?-bt " Physical address of license location: 9B.ILA " S*r.-te 3[ . State:-SeL*, zip: *?sL.a Business Telephone: Zte - Lgb - 11 Z8_ Applicant Name: Mailing Address: t-m4q L,:l C [ . c, e[ ' . ,Snc- Il , Applicant Telephone: "Zb? I - q7 LC- Fax' LLJC,-,--\tt--lCVr ) rqA._ All applicants are required to submit the following: Applicant Description Staff Completed and signed Beer, Wine, Liquor License Renewal Application Payment in Full Copy of your 2020 Ada County License Copy of your 2020 State License Copy of approval letter from the Star Fire Department Proof of Insurance LICENSE TYPE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor FEES (PER YEAR): $200.00 50.00 200.00 50.00 225.00 FEE: 2-rc.e *^.oo x,r 17^9D Date Application Received, 5 - ao Fee Paid: t 725.o" o?t tl}1 Date License Issued: Star License No: License Sent: 9C 27 3 .bc) Total Fee Due Applicant Si Date: ---PAGE BREAK--- CITY OF STAR P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] F: [PHONE REDACTED] RENEWAL APPLICATION BusinessName: St[f M{fC(U,nU Physical address of license location: t0q + ^ W. gtdt, State: aD zip:tSobol Business Telephone' 1XB . ZtrQ \ Applicant Name: SIaf Mf, Mailing Address: PO k Of Stn t , tl trlV'*0, Applicant Telephone: ? 0B , LB-a .f+3 t Fax: 2gB- LKe .1WO All applicants are required to submit the following: LICENSE TYPE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor BEER, WINE, LIQUOR LICENSE FEES (PER YEAR): $200.00 s0.00 200.00 50.00 225.00 FEE: qo l0u" Date Application Received: V"l V-:A Fee paid: t 1oo .e C,ts + q Y3l Date License Issued: Star License No: License Sent: Applicant Description Staff Completed and signed Beer, Wine, Liquor License Renewal Application Payment in Full Copy of your 2020 Ada County License l/ J/ Copy of your 2020 State License V Proof of Insurance t/ v ---PAGE BREAK--- LICENSE TYPE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor CITY OF STAR P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] F: [PHONE REDACTED] RENEWAL APPLICATION FEES (PER YEAR): $200,00 s0.00 200.00 50.00 225.00 Total Fee Due BEER, WINE, LIQUOR LTCENSE Business Name: Physical address Sttv Applicant Name: TLu*^.,-S 'yrJ\c l.O n &4 Mairing Address: L" SA 63 0 61 Applicant Telephone: Pu*, All applicants are required to submit the following: Business Telephone ' ?ldt, zLb- I -7r{ 3 Applicant Description Staff Completed and signed Beer, Wine, Liquor License Renewal Application Payment in Full Copy of your 2020 Ada County License Copy of your 2020 State License Copy of approval letter from the Star Fire Department Proof of Insurance FEE: { 6?s - Date Application Received, '/-q'zo Fee Paid: I {ot5-* cb* tz-3 License Sent: Applicant Signature: q' LVC bJ.- 76 Date License Issued: Star License No: ---PAGE BREAK--- RECEIVED APR 0.9 2020 CITY OF STAH CITY OF STAR P.O. Box 130 Star, Idaho 83669 P: [PHONE REDACTED] F: [PHONE REDACTED] RENEWAL APPLICATION BEBR, WINE, LIQUOR LICENSE Business Name: Bg.^ . 6,t {S Sa)o,.-r.. Physical address of license location: tnqal W. qk4to gl, State: %lilf Business Telephone: ACff- 36b- b17L Applicant Name: Mailing Address: Applicant Telephone: dtOZ- \oj5- 4ZA1 eax: All applicants are required to submit the following: becr"Su!: rt\t @ grrr*il t o.al\ Applicant Description Staff Completed and signed Beer, Wine, Liquor License Renewal Application Payment in Full ma\rt,r \f pt,ot* fi pr^^t n^r;fi t ()ul.q Copy of your 2020 Ada County License Copy of your 2020 State License I Copy of approval letter from the Star Fire Depaftment Proof of Insurance xx- V,Lv_ LICENSE TYPE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor FEES (PER YEAR): $200.00 50.00 200.00 50.00 225.00 Total Fee Due FEE: Ano_ 50- 60- D5- 1L6- Applicant Signature;@ Date Application Receivedt q-\CI Date License Issued: _ Star License No: Fee Paid: License Sent: out", bl1lls?l zip: SSbloQ ---PAGE BREAK--- City of Star P.O. Box 130 Star, ldaho 83669 P : 208 - 286 -7 247 F: 208 -286 -7 569 c-1 APPLICATION FOR BEER, WINE, LIQUOR LICENSE Business Name: Westside Pizza Star lnc Physical address of license location: 11200 W Hercules Drive #102 City: Star State: Idaho Zip: 83669 Assessor's Parcel Number(s): R 13qv10030 Zoning District: Applicant Name: lnclude partnership or association members, Board members or stockholders: Jason Biopetoe, Hudson Rippetoe Mailing Address: 11200 W Hercules Drive. Star, lD 83669 Applicant Telephone: [PHONE REDACTED] Fax: Age of applicant(s): 53 Citizenship: United States Applicant(s), partners or association members' length of residence in the State of ldaho: Jason Rippetoe - 4.5 years, Hudson Rippetoe - 4.5 years List any convictions of any laws of the State of ldaho, or the United States, or licensing City within three years immediately preceding the date of filing the application, regulating governing or prohibiting the sale, manufacture, transpoftation or possession of alcoholic beverages or intoxicating liquors. Within said time has the applicant(s), partners or members suffered the forfeiture of a bond for failure to appear to answer to charges of any such violation? N/A List any convictions of any felony, or withheld judgment granted following adjudication of guilty of a felony, or fines paid or sentence completed therefore, within five years from the date of this application: Has the applicant(s), partners, or members had an alcoholic beverage license or liquor license revoked within the last three years? Yes _ No X Date Revoked: LICENSE TYPE: FEES (PER YEAR): FEE: Beer consumed on premises Beer consumed off premises Wine consumed on premises Wine consumed off premises Liquor ApplicationforBeeiWinq Liquorticense X X $200.00 s0.00 200.00 50.00 225.00 Total Fee Due $200.00 $200.00 Form #210 Rev 02-2015 Page 1 ol 2 $400.00 ---PAGE BREAK--- WEEK OF THE YOUNG CHILD PROCLAMATION April 11 - 17, 2020 WHEREAS, the ldaho Association for the Education of Young Children (Idaho AEYC) and National Associationfor the Education of Young Children Q'{AEYC), are celebrating the Week of the Young ChildrM, April I l-17, 2020; and WHEREAS, these organizations are working to promote and inspire high-quality early childhood experiences for our state's youngest citizens, that can provide a foundation of learning and success for children in Star, Idaho; and WHEREAS, teachers and others who work with or on behalf of young children birth through age eight, who make a dffirence in the lives of young children in Star deserve thanks and recognition; and WHEREAS, public policies that support early learningfor all young children are crucial to young children's futures and to the prosperiQ of our society. NOlf, THEREFORE, I, Trevor A. Chadwick, Mayor of the City of Star, do hereby proclaim April 1l-17, 2020 as the Week of the Young ChildrM in Star, Idaho and encourage all citizens to work to support and invest in early childhood in Star. DATED this day of April 2020. Trevor A. Chadwick, Mayor ---PAGE BREAK--- t Stor Arbor Doy Proclomotion Pla n Tfr e e Bring Life to Your Community! Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Further, Dated Tn1872, J. Starling Morton proposed to the Nebrosko Boord of Agriculture thot o speciol doy be set osida f or the plonting of traas, ond the holidoy, colled Arbor Doy, wos first observed with the plonting of more thon o million trees in Nebrosko, ond Arbor Doy is now obsarved throughout tha notion ond the world, ond trees con reduce the erosion of our pracious topsoil by wind ond woter, lower our heoting ond cooling costs, moderote thetemperoture, cleon the oir, produce oxygen ond provida hobitot for wildlife, ond trees ore a renewable resoutce giving up poper, wood for our homes, fuel for our fires ond countless other wood products, ond trees in our city increose property volues, enhonce the economic vitolity of business oreos, ond beoutify our community, ond t?ees,wherever they ore plontad, ore o source of loy ond spirituol renewol. NOW, THEREFORE, I,Trevor Chodwick, Moyor of the City of Stor do hereby procloim April24, 2O2O as Arbor Doy in the City of Stor ond I urge oll citizens to celebrote Arbor Doy ond to support efforts to protect our trees ond woodlonds, ond Turge oll citizens to plont ond core for trees to glodden tha heort ond promote the well-being of this ond future generotions. this 17th doy of Morch in the year 2020. ---PAGE BREAK--- File # FP-20-05 Page 1 Moon Valley Subdivision Final Plat – Phase 2 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: March 17, 2020 FILE(S) FP-20-05 Final Plat, Moon Valley Subdivision Phase 2 REQUEST The Applicant is requesting approval of the Final Plat for Moon Valley Subdivision #2 which is approximately 24.01 acres and includes a total of 74 residential lots and 12 common lots. The property is zoned Residential (MU-DA). The subject property is located at 7575 W. Moon Valley Road in Star, Idaho. Ada County Parcel No. S0415233664. APPLICANT/OWNER/REPRESENTATIVE REPRESENTATIVE APPLICANT Wendy Shrief M-3 ID Moon Valley, LLC JUB Engineers 1087 W. River Street Suite 310 250 S. Beechwood Ave Ste 201 Boise, ID 83702 Boise, Idaho 83709 PROPERTY INFORMATION Land Use Designation - Mixed Use (M-U) Acres - 24.01 Residential Lots - 74 Common Lots - 12 Commercial - 0 HISTORY The property was annexed into the City of Star and zoned Commercial (C1), Mixed Use (MU), Limited Office (LO) and Residential (R2) all with a development agreement on July 7, 2009. On April 16, 2019, the Council approved a Comprehensive Plan Map Amendment to Mixed Use, a ---PAGE BREAK--- File # FP-20-05 Page 2 Moon Valley Subdivision Final Plat – Phase 2 Rezone to Mixed Use (MU), a Development Agreement Modification to allow waivers to the design standards of the Unified Development Code, a Conditional Use Permit to allow residential uses in the Mixed-Use zone and limited gravel crushing as part of the creation of the pond amenities, and approval of a Preliminary Plat for Moon Valley Subdivision. On November 19, 2019, City Council approved Phase 1 of Moon Valley Subdivision. GENERAL DISCUSSION The Final Plat layout for Phase 2 complies with the approved Preliminary Plat. This subdivision is located in a special flood hazard zone per FEMA FIRM panel #16001C0130 H and 16601C0140 H. Base flood elevation in AE zone is 2496-2493 All floodway issues and permits shall be completed prior to signature of the final plat. Specific setbacks, although not specified in the Development Agreement, were discussed and agreed upon by staff and the applicant to include the following: Setbacks for Residential: Front: 10’ Living Space / 20’ Garage Rear: 15’ Interior: 5’ Streets Side 10’ Building Height: 35’ Staff Reviewed Comments from the Preliminary Plat Approval/Findings of Fact: The Preliminary Plat consists of 267 single family residential lots, 22 common lots, 8 driveway lots and one private road lot. The common area is approximately 62.15 acres or 42.8% of the overall property. Lot sizes range from the smallest at 5,454 sq. ft. to the largest at 34,727 sq. ft., with the average lot size at 10,202 square feet, creating a density of 1.84 dwelling units per acre. The main access point for this development will come from one main access from W. Moon Valley Road at S. Blue Moon Avenue. There are two emergency access roads planned, one to the west of the property and one on the eastern side of the property. • Private Streets All private streets shall be built to ACHD roadway standards and shall be constructed to a minimum of 33 feet of improved width. • Blocks exceeding 500’ The Applicant has received a waiver of the block length requirement for this development. ---PAGE BREAK--- File # FP-20-05 Page 3 Moon Valley Subdivision Final Plat – Phase 2 • Sidewalks Sidewalks are proposed at five-foot widths and will be detached throughout the development. • Lighting Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. • Street Names Street names will be approved by the Ada Street Naming Committee prior to signature of final plat. • The Council voted unanimously to approve the Comprehensive Plan Map Amendment to Mixed Use, the Rezone to Mixed Use (MU), the Development Agreement Modification to allow waivers to the design standards of the Unified Development Code, the Conditional Use Permit to allow residential uses in the Mixed Use zone and limited gravel crushing as part of the creation of the pond amenities, and approval of the Preliminary Plat for Moon Valley Subdivision on June 4, 2019. o Site Specific Conditions of Approval included the following: 1. The applicant shall provide public access to the greenbelt from Highway 44 to the river by means of a permanent access easement. The easement(s) shall be recorded and provided to the City prior to approval of the final plat. 2. The applicant shall tile the irrigation ditch along Moon Valley Road, with the HOA being responsible for the maintenance of the ditch. 3. Street lights shall be of a design intended to direct lighting downward and protect the dark sky. 4. All private streets shall be built to ACHD roadway standards and shall be constructed to a minimum of 33 feet of improved width. Staff analysis of Final Plat Submittal: Common/Open Space and Amenities – The open space and amenities for the subdivision that are included in Phase 2 include landscaped common areas, lakes, pathways and tree lined landscape strips between the detached sidewalks. Landscaping - As required by the Unified Development Code, Chapter 4, Section B-7-C-3 Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required within the landscape strips of the detached sidewalks. The applicant shall use “Tree Selection Guide for Streets and Landscapes throughout Idaho”, as adopted by the Unified Development Code. ---PAGE BREAK--- File # FP-20-05 Page 4 Moon Valley Subdivision Final Plat – Phase 2 Streetlights – Streetlight plan/design specifications were submitted a part of Phase I final plat approval. Streetlights should be consistent throughout the development. PUBLIC NOTIFICATIONS Notifications of this application were sent to agencies having jurisdiction on August 6, 2019. February 26, 2020 Keller Associates Checklist with Conditions January 15, 2020 Ada County Street Name Review March11, 2020 ITD Review Letter February 19, 2020 USPS Review Email March 12, 2020 City of Star Special Flood Hazard Area Approval 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 final plat for Moon Valley Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. ---PAGE BREAK--- File # FP-20-05 Page 5 Moon Valley Subdivision Final Plat – Phase 2 2. Prior to construction in any Floodplain areas (Lots 84, 86, 88, 89,116, Block either an Elevation Certificate or a LOMR-F shall be provided to the City of Star. 3. All approvals relating to floodplain/floodway issues and requirements shall be completed and approved by the City Flood Administrator prior to signature of the final plat. 4. As built plans for pressurized irrigation systems shall be submitted to the City of Star prior to signature of the final plat. 5. 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. 6. Mylar’s/final plats must include the statement supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45. 7. 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. 8. 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. 9. A copy of signed irrigation agreements shall be submitted to the City prior to signature of the final plat. 10. All common areas shall be maintained by the Homeowners Association. 11. Streetlights shall be continuous throughout the 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. 12. Street trees shall be installed per Unified Development Code Standards for Street Trees. 13. A form signed by the Star Sewer & Water District shall be submitted to the City prior to signature of the final stating that all conditions have been met. 14. 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. 15. A copy of the recorded CC&R’s shall be submitted to the City of Star prior to any building permits being issued. 16. 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. 17. Prior to signature of the final plat, written approval from Boise River Flood Control District #10 shall be provided to the City stating that recordation of necessary maintenance and access easements have been completed, if applicable. 18. 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. 19. A sign application is required for any subdivision sign. 20. Any additional Condition of Approval as required by Staff and City Council. ---PAGE BREAK--- File # FP-20-05 Page 6 Moon Valley Subdivision Final Plat – Phase 2 COUNCIL DECISION The Star City Council approved File # FP-20-05 Moon Valley Subdivision, Final Plat, Phase 2 on 2020. ---PAGE BREAK--- ---PAGE BREAK--- Revised 5/29/08 2/26/2020 Page 1 of 7 CITY OF STAR FINAL PLAT AND CONSTRUCTION DRAWING REVIEW CHECKLIST Subdivision: Moon Valley Phase: 2 Date: 02-26-2020 Developable Lots: 74 Review No: 1 Developer: M3 ID Moon Valley, LLC Tel: [PHONE REDACTED] Fax: Email: [EMAIL REDACTED] Engineer: Andrew F Newell, P.E., J-U-B Engineers Tel: [PHONE REDACTED] Fax: Email: Property Address: W. Moon Valley Road & N Central Valley Blvd./Hwy 16 Reviewed By: Aubrey Thomas, E.I., Keller Associates Review Check By: Ryan V. Morgan, P.E., Keller Associates FINAL PLAT REVIEW ITEM OK NEED N/A FINAL PLAT APPLICATION REQUIREMENTS 1 X Submit two copies of final engineering construction drawings showing streets, sidewalk, water, sewer, pressure irrigation, street lighting, landscaping, and other public improvements. 2 X Submit one 8½ x 11 map showing property in relation to floodplain and/or floodway. Provide Floodplain Development Permit Application as required. 3 X Provide copy of the “Preliminary Plat Findings of Fact and Conclusions of Law”. 4 X Landscape plan provided. 5 X Verified written legal description. Section corner described in legal description doesn’t match up with the drawings. The bearing from the section corner (SW) does not match the legal description. 6 X Letter of credit for outstanding pressure irrigation and landscaping improvements only when weather conditions precludes construction of improvements prior to signature of mylar. ITEM OK NEED N/A FINAL PLAT REVIEW 7 X Public and private easements are shown on plat for open spaces, access drives, drainage facilities, floodway maintenance boundaries, offsite storage areas and connecting piping for detached flood water storage impoundments, existing irrigation ditches, new irrigation ditches or pipelines, bicycle / pedestrian pathways (connectivity to adjacent developments), and irrigation ---PAGE BREAK--- Revised 5/29/08 2/26/2020 Page 2 of 7 piping. Lots 149 and 115 Block 1 appear to be common lots but are not included Note 1 of the easement notes. Please update the note to include all common lots in the subdivision. Please show the label for Lot 114 Block 1 on sheet 3. It is unclear looking at the sheet that the unmarked lot is Lot 114. It appears that Lot 146 is a driveway lot but is not included in Note 3 of the easements notes. Please ensure all common driveways are described in this note. Drainage basin D encroaches on Lot 148. Please ensure the required 5’ side lot easement is additional to the easement for the basin. 8 X Right to Farm Act Note on face of plat. 9 X Note on face of plat: “This subdivision is located within zone AE as shown on the firm panel 125 of 875, Ada County, Idaho and Incorporated Areas. A building permit shall not be issued for any lot that is located within the mapped floodplain until a Flood Plain Development Permit is obtained for the individual lot. Each lot within the mapped floodplain shall require an individual Flood Plain Development Permit.” 10 X 10-foot utility and irrigation easements are shown, or noted, along the front lot lines, rear lot lines, and side lot lines as required. 11 X Note is shown on the final plat: “Minimum building setbacks shall be in accordance with the City of Star applicable zoning and subdivision regulations at the time of issuance of individual building permits or as specifically approved and / or required, or as shown on the this plat.” 12 X Seal of Professional Land Surveyor is displayed, dated, and signed on face of plat. 13 X Water and sewer easements shown on face of plat. (Note to Plan Reviewer: Provide plat to Justin Walker for easement water and sewer easement verification.) Show where the Star Sewer and Water District easements will be located. Since roadways are private, an easement will need to be provided and shown on the plat. Include verbiage in Easement Note 1 for Star Sewer and Water district or provide an additional note. 14 X On the signature page of the plat please include the following ---PAGE BREAK--- Revised 5/29/08 2/26/2020 Page 3 of 7 THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF STAR, ADA COUNTY, IDAHO, ON THIS DAY, , HEREBY APPROVE THIS PLAT.” underneath the APPROVAL OF CITY ENGINEER line, and before the signature line. 15 X “Change of Ownership” document filed with the IDWR to the HOA for all conveyable water rights. CONSTRUCTION DRAWING REVIEW ITEM OK NEED N/A GENERAL 16 X Construction drawings are stamped, signed, & dated by a professional engineer licensed in the State of Idaho. 17 X Natural features map showing all existing site features and 1-foot contour elevations is provided in accordance with the City’s code. 18 X Each sheet has north arrow, graphic scale, date, title block and sheet number. 19 X All profiles are drawn to the same horizontal scale as plan views. 20 X Street lighting plans are provided showing pole locations and luminary types. All street lighting shall be in accordance with the current edition of the ISPWC and the City of Star Supplemental Specifications. Add a streetlight at the corner of W Meltwater Lane and S Prospector Lane. Add a streetlight on Steephead Lane at the north end. ITEM OK NEED N/A FLOODPLAIN DEVELOPMENT PERMIT 21 X Floodplain and floodway boundaries and elevations are shown on the grading plans. Display base flood elevations on the plans 22 X Building finished floor elevations are greater than or equal to 2-feet above the base flood elevation, or verification is provided of flood proofing. 23 X Roadway centerline elevations and manhole and other minor structure rim elevations are 0.5-feet above the base flood elevation. 24 X All buildings are set back a minimum of 50-feet from the floodway boundary line except that when the area of special flood hazard boundary is 50-feet or less from the flood way line, the boundary line shall be the setback line. 25 X Easements and conveyance provisions have been made for connection between the floodway and any detached ---PAGE BREAK--- Revised 5/29/08 2/26/2020 Page 4 of 7 floodwater storage impoundment. 26 X Calculations are provided and show 48-hour max time period for 100% utilization of detached storage impoundment. ITEM OK NEED N/A GRADING PLAN 27 X Grading plans are provided and are stamped, dated, and signed by a professional engineer licensed in the State of Idaho. 28 X Grading plans show finished, existing, and base flood 1- foot contour elevations. Show base flood elevations on grading plan 29 X Drainage facilities and easements are shown. Show easement lines for drainage facilities on grading plan 30 X Plan and profile sheets show proposed and existing utilities (rim elevations, pipe invert elevations, etc.), finished centerline roadway grades, existing grade, and base flood elevations. Show base flood elevations on profile views for the portions of W Meltwater Lane and S Short Court within the floodplain. 31 X Existing irrigation ditches, canals, and easements are shown. 32 X Cut and fill slopes are no steeper that 2H:1V. (Spot checked by City Engineer) 33 X Tops and toes of all cut and fill slopes are set back from property boundary at least 3-feet plus 1/5 the height of the cut or fill but need not exceed 10-feet. (Spot checked by City Engineer) Grading proposed on Lots 149, 155, 156, 157, 158, 159, and 161 does not appear to meet this requirement. 34 X Tops and toes of cut and fill slopes are set back from structures 6-feet plus 1/5 of the height of the cut or fill but need not exceed 10-feet. (Spot checked by City Engineer) 35 X Provisions have been made for erosion control at pipe outfalls, along steep earth slopes, and within drainage ditches. 36 X The vertical datum used for elevations shown on grading and drainage plans is NAVD 88 for all developments that are fully or partially within the floodplain. 37 X Existing and proposed elevations match at property boundaries. ITEM OK NEED N/A DRAINAGE PLAN 38 X Drainage plans are provided and stamped, dated, and signed by a professional engineer licensed in the State of Idaho. 39 X Drainage calculations are provided and stamped, dated, ---PAGE BREAK--- Revised 5/29/08 2/26/2020 Page 5 of 7 and signed by a professional engineer licensed in the State of Idaho. 40 X Narrative is provided that describes the proposed method of stormwater retention. Provided drainage exhibit labels are difficult to read. Please update the exhibit so it is legible. 41 X Drainage calculations contain no arithmetic errors. (Spot checked by City Engineer) Need updated drainage exhibit to check (see Item 40) 42 X The design storm, percolation rate, or other design criteria are within accepted limits. (ITD Zone A—IDF Curve; Storage designed for 100 year storm; Primary conveyance designed for 25-year storm) 43 X Peak discharge rate and velocity through sand and grease traps calculated and are less than 0.5 ft/sec. Need updated drainage exhibit to check (see Item 40) 44 X Section view of drainage facility provided. Provide section view of Stormwater Basin G 45 X Able to determine drainage directions from information given. 46 X Drainage facilities do not conflict with other utilities. (Spot check by City Engineer) 47 X Provision for conveyance or disposal of roof drainage provided for commercial developments. 48 X Building finished floor elevation shown is above possible max water surface elevation and 2-feet above base flood elevation. 49 X Storm water pretreatment provided. BMP facilities are designed in conformance with the “State of Idaho Catalog of Stormwater Best Management Practices”. 50 X 5-foot setback from property line maintained for drainage facilities. Stormwater Basins AA and Basin D appear to be closer than 5-feet away from the property boundary. Please ensure that all drainage facilities follow this requirement. 51 X Drainage basin / pond dimensions listed or noted. 52 X Drainage facilities drawn to scale on grading and drainage plan. 53 X Drain rock, ASTM C33 sand, or pond liner specified. 54 X 3-foot separation from bottom of drainage facility to maximum seasonal high groundwater elevation shown on detail. Show high groundwater elevations on all drainage facility details on Sheet C-503 55 X Vegetative cover shown over biofiltration facilities. 56 X Appropriate license agreements have been executed ---PAGE BREAK--- Revised 5/29/08 2/26/2020 Page 6 of 7 and are provided for offsite discharge of storm water. Moon Valley Subdivision #1 designed to take water from basins in this subdivision. ITEM OK NEED N/A GRAVITY IRRIGATION 57 X Plan approval letter is provided from the appropriate irrigation district. Provide documentation that the plans are anticipated to be approved by the irrigation district. ITEM OK NEED N/A PRESSURE IRRIGATION 58 X Plans for a pressure irrigation system are provided (Required only if development contains more than four lots). Lots 147 & Lot 148 do not appear to have irrigation service lines. How will these lots get irrigation water? 59 X The pressure irrigation system is not connected to the potable water system. 60 X Design provides a minimum of 15 gpm @ 45 PSI to each destination point. Provide design capacity of pressure irrigation system. If the capacity is not sufficient for all lots to use at the same time, provide an irrigation rotation schedule. 61 X Easements are provided for all pressure irrigation piping. (Note on face of plat). 62 X Main line distribution piping is 3-inches in diameter or greater. 63 X Provisions are made for diversion and flow measurement from a gravity irrigation source ditch. 64 X Applicant provided verification with a signed contract indicating written assurance that provisions have been made for ownership, operation, and maintenance of the irrigation system. 65 X Provide written verification and plan approval from Star Sewer and Water District if potable water is planned to be used as a secondary irrigation source. 66 X Provided verification that water rights will be transferred to the association managing entity. 67 X If pressure irrigation will not be available to each lot at all times, provide rotation schedule for irrigation system usage identifying times and days that pressure irrigation will be available to each lot. See Item 60 ITEM OK NEED N/A RE-SUBMITTAL REQUIREMENTS* 68 X Return one revised plan set in pdf format with the redlined set for review and/or approval to Keller Associates. Unbound or un-collated plan sets will not be accepted. 69 X Provide a response letter, referencing the City of Star, with the revised plan set that highlights what actions ---PAGE BREAK--- Revised 5/29/08 2/26/2020 Page 7 of 7 were taken to correct any outstanding items. *All re-submittals should be returned to the City of Star for re-review. Notes: Additional Final Plat Comments:  Additional Construction Drawing Comments:  ---PAGE BREAK--- Legend J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com N 0 100 200 Scale in Feet NOT FOR RECORDATION 16642 ---PAGE BREAK--- J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com N 0 30 60 Scale in Feet NOT FOR RECORDATION 16642 ---PAGE BREAK--- J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com N 0 30 60 Scale in Feet NOT FOR RECORDATION 16642 ---PAGE BREAK--- J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com N 0 30 60 Scale in Feet NOT FOR RECORDATION 16642 ---PAGE BREAK--- J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com N 0 30 60 Scale in Feet NOT FOR RECORDATION 16642 ---PAGE BREAK--- N J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com 0 30 60 Scale in Feet NOT FOR RECORDATION 16642 ---PAGE BREAK--- J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com Easement Notes Notes Reference Documents NOT FOR RECORDATION 16642 ---PAGE BREAK--- J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com Certificate of Owners Certificate of Surveyor 16642 ” ” ” ” Acknowledgment NOT FOR RECORDATION ---PAGE BREAK--- J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p [PHONE REDACTED] w www.jub.com County Recorder's Certificate Certificate of County Surveyor Certificate of County Treasurer Approval of Ada County Highway District Approval of Central District Health Approval of City Council Approval of City Engineer 16642 NOT FOR RECORDATION ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Page 1 of 1 Preliminary Plat Review Date: Final Plat X Project Name: T/R/S Parcel Number(s): Project/Plat Applicant: Phone No: City/County Agency: Proposed Street Names: Comments 1 X 2 X 3 X 4 X 5 X 6 X E 7 8 A Sounds like an existing street B Alignment with existing street C Duplicate street name within Ada County D Street name exceeds 13 letters E Other Codes/criteria regarding denial 4N1W15,16 Star presented to the Ada County Surveyor at time of recording. resubmit to the Ada County Assessor. A final review with no changes required and the matching plat must be PLEASE MAKE THE FOLLOWING CHANGES OR CORRECTIONS W MELTWATER LN (PVT) S PROSPECTOR LN (PVT) S SHORT LN (PVT) S STEEPHEAD LN (PVT) S STRATH LN (PVT) Please replace S STRATH LN with W STRATH LN NOTE: If there are corrections and changes recommended, please make these changes on the subdivision plat and Approved ADA COUNTY STREET NAME REVIEW The overall final street names are subject to change at Final Plat phase levels due to design changes, time constraints and or previous recorded plat street alignments. THE FOLLOWING EXISTING STREET NAMES SHALL APPEAR ON PLAT January 15, 2020 Moon Valley Sub No 02 R5506000200, S0415233664 W MOON VALLEY RD W DEERFAWN LN (PVT) JUB Engineers [PHONE REDACTED] See Code Below Denied Please change to W pre-directional Core Street ---PAGE BREAK--- Section: 16 Section: 15 4N1W W Moon Valley Road W Mo on Valley Road W Moon Valley Road W Moon Valley Road S Rivervine Way S Ri v erv i ne Wa y S Big Star Lan e W P lante rra La ne S Palmer Lane S Palmer Lane S Short Road Ê ADA COUNTY ASSESSOR Land Records Division Geographic Information Systems 190 E. Front Street, Ste. 107 Boise, ID 83702 This map is made from data copyrighted by Ada County.Ada County shall not be liable for inaccuracies or misuse of this map. Maps bearing this disclaimer may be photocopied freely. However, use in any digital form requires the written permission of Ada County. 1 inch = 400 feet NOT A PART NOT A PART NOT A PART ---PAGE BREAK--- Use pre- directional. Change to W Strath Ln ---PAGE BREAK--- ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov March 11, 2020 Cathy Ward City Clerk P.O. Box 130 Star, Idaho 83669 VIA EMAIL Development Application FP-20-05 Project Name MOON VALLEY SUBDIVISION PHASE 2 Project Location Southeast corner of SH-44 and SH-16, south of SH-44 milepost 12.50 and east of SH-16 milepost 99.60 Project Description Construct a final plat consisting 74 residential lots and 12 common lots Applicant M3, ID Moon Valley, LLC The Idaho Transportation Department (ITD) reviewed the referenced rezone and preliminary plat applications and has the following comments: 1. This project abuts the State highway system. 2. No direct access to the State Highway system is requested with this application and none is approved. 3. ITD has received, reviewed, and accepted a Traffic Impact Study (TIS) for Moon Valley Subdivision formerly known as the Anderson Property Residential Development. As stated in ITD’s TIS acceptance letter dated November 5, 2018, the TIS has shown the need for mitigation for traffic produced by the development. 4. Applicant shall be required to construct an eastbound right turn lane designed to ITD’s standards as part of the mitigation identified in the TIS. In the TIS Acceptance letter, ITD requests a 12 foot dedication of right of way as part of the construction of a right turn lane. ITD has decided that a 12 foot dedication will not be required as part of the construction of the eastbound right turn of US-20/26 onto Short Road. 5. The TIS did not analyze the construction of the subdivision in phases. ITD requires construction of the eastbound right turn lane as mitigation before occupancy of the development. The applicant may provide a right turn lane warrant that indicates at what point construction of a right turn lane is necessary. 6. A widening project for the improvement of SH-44 Linder Road to SH-16 is projected to begin construction in 2023. The project includes the addition of another eastbound lane between Linder Road and SH-16. With the addition of another lane, the trips generated by the development may not warrant a ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov right turn lane. The applicant may provide analysis that considers an additional lane in order to determine if a right turn lane would be warranted once widening has occurred. If a turn lane is not warranted after widening, the applicant may wait until improvements have been made in order to avoid constructing a right turn lane that will not be conserved in the project. If the applicant chooses to construct before improvements have occurred, the applicant will be required to construct an eastbound right turn lane on to Short Road. 7. The City is reminded that the SH-44 corridor is already congested. This project will increase the number of vehicle trips in the corridor. As the City continues to add additional trips to the corridor through development, the congestion will worsen until the roadway system is ultimately overloaded and fails. 8. Noise walls and berms will not be constructed by ITD in the SH-16 Corridor in this area. Any noise walls necessary for this development shall be constructed by the developer on private property. 9. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 10. The Idaho Administrative Procedures Act (IDAPA) 39.03.60 governs advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for ITD’s Headquarters Right-of-Way Section at (208) 334-8832 for more information. 11. ITD objects to the proposed application due to traffic concerns identified in item 3, 4, and 5. Once the eastbound right turn lane on SH-44 is constructed, ITD will withdraw any objection to the proposed application. If you have any questions, you may contact Ken Couch at (208) 332-7190 or me at (208) 265-4312 extension Sincerely, for Sarah Arjona Development Services Coordinator [EMAIL REDACTED] ---PAGE BREAK--- From: Norton, Melvin B - Star, ID <[EMAIL REDACTED]> Sent: Wednesday, February 19, 2020 4:11 PM To: City of Star Receptionist <[EMAIL REDACTED]> Cc: Shawn Nickel <[EMAIL REDACTED]> Subject: RE: Moon Valley Subdivision Final Plat Just a reminder any developments that are taking place on the east side of Hwy 16 should include the Eagle Post Office as they will be the ones providing delivery to that area. We should also be sure to let any developers know that the zip code used for those subdivisions should be 83616 even though it will be a Star address. This should be stressed to make sure it is communicate to the future homeowners, because even though they will be Star Idaho residents they will have to use the Eagle zip code for delivery purposes. If they use the 83669 zip code in this subdivision the mail will not be sent to the right delivery office and will negatively affect mail delivery for the new residents. Eagle Post Office Contact below: Jeff Robertson Postmaster [EMAIL REDACTED] Martin Lucas Supervisor [EMAIL REDACTED] Mel Norton Postmaster Star, Id 83669 [PHONE REDACTED] ---PAGE BREAK--- ---PAGE BREAK--- STONECREST SUBDIVISION FINAL PLAT FILE #FP-20-02 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: April 21, 2020 FILE FP-20-02 Final Plat - Stonecrest Subdivision Final Plat REQUEST Applicant requests approval of the Stonecrest Subdivision Final Plat. The Stonecrest Subdivision is located at 12457 W. State Street in Star and consists of 11.01 acres. The subject property is generally located on the south side of W. State Street, east of Can Ada Road in Star, Idaho. Ada County Parcel No’s S0407336500 & S0407336501. APPLICANT/OWNER/REPRESENTATIVE Applicant / Owner Representative Stonecrest LLC Antonio Conti, P.E. 10180 W. Snow Wolf Drive Breckon Land Design Star, Idaho 83669 6661 N. Glenwood Street Garden City, Idaho 83714 PROPERTY INFORMATION Land Use Designation: Central Business District (CBD) Acres: 11.01 Acres Residential Lots: 39 Common Lots: 5 Commercial: 4 HISTORY September 17, 2020 Council unanimously approved the Preliminary Plat for Stonecrest Subdivision. ---PAGE BREAK--- STONECREST SUBDIVISION FINAL PLAT FILE #FP-20-02 2 GENERAL DISCUSSION The Final Plat is in substantial compliance to the Preliminary Plat previously approved by Council. The Final Plat consists of 3 fewer residential lots and 1 additional commercial lot (total of The overall area of commercial has not changed, and staff has justified that additional commercial lots are not a substantial change to the plat. Special Flood District – A portion of this property is located within a Zone A, AE and AH flood zone. The applicant has submitted a floodplain application for approval. This application will be approved prior to construction on the property. Setbacks – This subdivision was approved for special setbacks through the Planned Unit Development process. Setbacks are approved as follows: • 8-lots of Detached Homes (Lots 3-10, Block 1) on the east boundary against the Pinewood Lakes development with Approved Setbacks: Front 15’, Sides 5’ & Rear 15’ • 15-lots of Detached Homes (Lots 1-25, Block 2) along the southern boundary with Approved Setbacks: Front 15’, Sides 5’ & Rear 15’ • 16-lots of internal Attached Townhomes (Lots 1-16, Block 3) with Approved Setbacks: Front 10’, Sides Rear 10’ Landscaping - As required by the Unified Development Code for Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required. The landscaping plan submitted includes this requirement. (Please see “Tree Selection Guide for Streets and Landscapes Throughout Idaho”, as adopted by the Unified Development Code.) Streetlights – Streetlight design has not been submitted with the Final Plat application. Staff shall include a condition of requirement prior to signature of Final Plat. PUBLIC NOTIFICATIONS Notifications of this application were sent to affected agencies for review. The following agencies responded: March 4, 2020 Keller Associates April 7, 2020 Star Fire District ---PAGE BREAK--- STONECREST SUBDIVISION FINAL PLAT FILE #FP-20-02 3 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. Staff finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no substantial 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 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 changed from the approved Preliminary Plat of this subdivision. CONDITIONS OF APPROVAL 1. The final plat for Stonecrest Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. 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. 3. 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. ---PAGE BREAK--- STONECREST SUBDIVISION FINAL PLAT FILE #FP-20-02 4 4. The approved Preliminary Plat shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See UDC Landscaping Requirements) 5. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 6. 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 otherwise approved by the City. 7. The subsequent Final Plats shall comply with and be in accordance with the current City of Star Code, with the exception of any waivers granted by Council. 8. Requested surety shall be required at 120% of the total estimated installed cost, as approved by the City Engineer or Administrator. The term of approval shall not exceed 180 days. (See Unified Development Code for a list of eligible items.) 9. A separate sign application is required for any subdivision and/or business sign(s). 10. As built plans for pressurized irrigation systems shall be submitted to the City of Star prior to signature of the final plat. 11. 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. 12. 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. 13. 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. 14. A copy of signed irrigation agreements shall be submitted to the City prior to signature of the final plat. 15. All common areas shall be 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 any construction. 17. A copy of the recorded CC&R’s shall be submitted to the City of Star prior to any building permits being issued. COUNCIL DECISION The Star City Council the Stonecrest Subdivision Final Plat, File #FP-20- 02 on 2020. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- TRAPPER RIDGE SUBDIVISION FINAL PLAT, PHASE 2 FILE #FP-20-06 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: April 21, 2020 FILE FP-20-06 Final Plat – Trapper Ridge Subdivision Final Plat Phase 2 REQUEST The Applicant is seeking Final Plat approval for Phase 2 of Trapper Ridge Subdivision. This phase is located in the southwest corner of the overall development. The Final Plat for Phase 2 contains 54 residential lots and 3 common lots on 14.63 acres and is located on the north side of New Hope Road, east of Can Ada Road and west of Munger Road in Star, Idaho. Ada County Parcel R604666100, R604666320, R6046660310, S0406121125, R604666210. APPLICANT/OWNER/REPRESENTATIVE 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: 14.63 Acres Residential Lots: 54 Common Lots: 3 Commercial: 0 HISTORY May 7, 2019 The Preliminary Plat for Trapper Ridge Subdivision was approved by the Council. July 16, 2019 Phase 1 was approved by Council. ---PAGE BREAK--- TRAPPER RIDGE SUBDIVISION FINAL PLAT, PHASE 2 FILE #FP-20-06 2 GENERAL DISCUSSION The Final Plat for Phase 2 is in compliance to the Preliminary Plat previously approved by Council. Setbacks – This subdivision was not approved for special setbacks and will meet the current R-3 design standards. Landscaping - As required by the Unified Development Code for Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required along all roadways. The landscaping plan submitted does not indicate street trees. A revised landscape plan shall be submitted for review and approval prior to final plat signature. (Please see “Tree Selection Guide for Streets and Landscapes Throughout Idaho”, as adopted by the Unified Development Code.) Streetlights – Although streetlight locations have been submitted, streetlight design has not been submitted with the Final Plat application. Staff shall include a condition of requirement prior to signature of Final Plat. AGENCY NOTIFICATIONS Notifications of this application were sent to affected agencies for review. The following agencies responded: Keller Associates March 30, 2020 Star Fire District 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. Staff finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no substantial changes have been made to change this status. ---PAGE BREAK--- TRAPPER RIDGE SUBDIVISION FINAL PLAT, PHASE 2 FILE #FP-20-06 3 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 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 changed from the approved Preliminary Plat of this subdivision. CONDITIONS OF APPROVAL 1. Applicant/Owner/Developer shall comply with all statutory requirements of all applicable agencies and Districts having jurisdiction in the City of Star, including the City Engineer. 2. 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. 3. The Final Plat shall comply with all received comments from the City Engineer review prior to signature of the plat by the City. 4. A signed Irrigation District Agreement shall be provided to the City of Star prior to signature of the Final Plat. 5. Pressurized irrigation systems shall comply with the Irrigation District 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. 6. The Applicant/Owner shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See Section 8-4 B Landscaping Requirements.) A revised landscape plan shall be submitted to the City prior to signature of the final plat showing one tree per thirty-five (35) linear feet to be installed in the front yards of each residential lot. 7. Applicant/Owner shall submit a streetlight plan/design prior to Final Plat signature. Streetlights shall comply with the Star City Code regarding light trespass and shall be of the same design throughout the entire property. ---PAGE BREAK--- TRAPPER RIDGE SUBDIVISION FINAL PLAT, PHASE 2 FILE #FP-20-06 4 8. A form signed by the Star Sewer & Water District shall be submitted to the City prior to building occupancy signature stating that all conditions have been met and annexation into the District has been approved. 9. A sign application shall be submitted to the City for any subdivision signs. 10. Prior to signature of the final plat, the Applicant shall enter into a Development Agreement with the City regarding a $3,000.00 road improvement fund as part of the HOA to go towards ITD improvements on Can Ada Road with a sunset clause that would remove the fund if ITD and the City fail to come to an agreement for the mechanism to collect and distribute the funds before the last building permit is issued in the Subdivision. 11. The Mylar of this 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. 12. Applicant shall provide the City with one full size and one 11”x17” copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 13. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 14. 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 otherwise approved by the City. 15. The subsequent Final Plats shall comply with and be in accordance with the current City of Star Code, with the exception of any waivers granted by Council. 16. Requested surety shall be required at 120% of the total estimated installed cost, as approved by the City Engineer or Administrator. The term of approval shall not exceed 180 days. (See Unified Development Code for a list of eligible items.) 17. As built plans for pressurized irrigation systems shall be submitted to the City of Star prior to signature of the final plat. 18. 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. 19. 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. 20. A copy of signed irrigation agreements shall be submitted to the City prior to signature of the final plat. 21. All common areas shall be maintained by the Homeowners Association. 22. 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. 23. A copy of the recorded CC&R’s shall be submitted to the City of Star prior to any building permits being issued. ---PAGE BREAK--- TRAPPER RIDGE SUBDIVISION FINAL PLAT, PHASE 2 FILE #FP-20-06 5 COUNCIL DECISION The Star City Council the Trapper Ridge Subdivision Final Plat, Phase 2 File #FP-20-06 on 2020. ---PAGE BREAK--- TRAPPER RIDGE SUBDIVISION NO.2 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--- TRAPPER RIDGE SUBDIVISION NO. 2 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--- TRAPPER RIDGE SUBDIVISION NO. 2 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 a member of Endurance Holdings LLC, 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 Challenger Development Inc., an Idaho Corporation is the owner of the property described as follows: A portion of Lots 1 and 2, Block 1 of New Hope Subdivision as filed in Book 74 of Plats at Pages 7,640 and 7,641, records of Ada County, Idaho and a portion of Government Lot 2 located in Section 6, T.4N., R.1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Government Lot 2 from which the SW corner of said Government Lot 2 bears North 88°42'59" West, 1317.56 feet; thence along the South boundary line of said Government Lot 2 North 88°42'59" West, 601.62 feet; thence leaving said South boundary line North 01°17'01" East, 25.00 feet to the SW corner of Trapper Ridge Subdivision No. 1 as filed in Book of Plats at Pages through , records of Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence along the South boundary line of said New Hope Subdivision and the easterly extension thereof and continuing North 88°42'59" West, 676.05 feet to the SW corner of said Lot 1; thence along the West boundary line of said Lot 1 North 01°01'16" East, 973.12 feet; thence leaving said West boundary line South 88°58'44" East, 115.00 feet; thence North 87°33'41" East, 50.09 feet; thence South 88°58'44" East, 115.00 feet; thence North 01°01'16" East, 39.00 feet; thence South 88°43'50" East, 305.75 feet; thence North 81°28'17" East, 102.57 feet; thence North 73°37'59" East, 26.41 feet to the NW corner of Lot 1, Block 6 of said Trapper Ridge Subdivision No. 1; thence along the exterior boundary line of said Trapper Ridge Subdivision No. 1 the following courses and distances: thence South 16°22'01" East, 116.95 feet; thence South 13°52'37" East, 50.00 feet; thence 29.47 feet along the arc of a non-tangent curve to the left, said curve having a radius of 885.00 feet, a central angle of 01°54'28" and a long chord which bears North 75°10'08" East, 29.47 feet; thence South 15°47'06" East, 115.00 feet; thence 233.66 feet along the arc of a non-tangent curve to the right, said curve having a radius of 1,000.00 feet, a central angle of 13°23'16" and a long chord which bears South 80°54'32" West, 233.13 feet; thence South 02°23'50" East, 115.00 feet; thence 39.17 feet along the arc of a non-tangent curve to the right, said curve having a radius of 1,115.00 feet, a central angle of 02°00'46" and a long chord which bears South 88°36'33" West, 39.17 feet; thence South 00°23'04" East, 50.00 feet; thence South 01°17'01" West, 419.97 feet; thence South 88°42'59" East, 117.73 feet; thence South 01°17'01" West, 152.00 feet to the REAL POINT OF BEGINNING. Containing 14.64 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 the Star Sewer and Water District and the District has agreed in writing to serve all the lots in this subdivision. Challenger Development, Inc. 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, do 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, Star, Idaho Date 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 the 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--- ---PAGE BREAK--- STAR FIRE PROTECTION DISTRICT Office of the Fire Chief Greg Timinsky 11665 W State Street Suite B Star, ID 83669 March 30, 2019 To: City of Star From: Chief Greg Timinsky File # FP-20-06 Final Plat for Trapper Ridge Subdivision Phase 2 The Star Fire Protection District approves the final plat for Trapper Ridge Phase Sincerely, Greg Timinsky, Fire District Chief Original to Requester/ Copy retained by Chief W:\Work\S\Star Fire Protection District 25382.00\FORMS\Development Inquiry Informal Preliminary Reply_kjg edits.docx ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW TORCHLIGHT ESTATES SUBDIVISION FILE NO. AZ-20-01/PP-20-01 The above-entitled Annexation & Zoning and Preliminary Plat land use application came before the Star City Council for their action on January 21, 2020, 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: Guy Jones of Alliance Building, LLC, 11543 Purple Sage Road, Middleton, Idaho, applicant, requested approval of an Annexation with Zoning to Residential and Preliminary Plat for Torchlight Estates Subdivision. The property located is at 9990 W. Beacon Light Road in Star, Idaho, and is generally located on the north side of Beacon Light Road, east of Wing Road in Star, Idaho. Ada County Parcel No’s R5981000100 & R5981000200. B. Application Submittal: A neighborhood meeting was held on May 28, 2019 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 October 29, 2019. 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 December 17, 2019. 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 December 5, 2019. Notice was sent to agencies having jurisdiction in the City of Star on December 5, 2019. The property was posted in accordance with the Star Unified Development Code on January 11, 2020. D. History of Previous Actions: Staff is unaware of any previous City zoning applications on these two parcels. The properties were created as part of an Ada County subdivision plat called Nash Estates in the early 2000’s. ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 2 E. Comprehensive Plan Land Use Map and Zoning Map Designations: COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Existing Neighborhood Residential Rural Transition (RUT) – Ada County Agricultural ground and contains two single- family dwellings. Proposed Neighborhood Residential Residential (R-2) Single Family Residential Subdivision North of site Neighborhood Residential Residential (R-3) Currently Annexed – Agricultural Use South of site Neighborhood Residential Rural Transition (RUT) – Ada County Single Family Dwelling/Agricultural East of site Neighborhood Residential Rural Transition (RUT) – Ada County Single Family Residential/Ag West of site Neighborhood Residential Residential (R-3) Greendale Grove Approved Subdivision F. Site Data: Total Acreage of Site – 20.26 acres G. Development: The Applicant is seeking approval of an Annexation and Zoning (Residential R-2) and a Preliminary Plat for a proposed residential subdivision consisting of 39 residential lots and 4 common lots with a proposed density of 1.92 dwelling units per acre. Annexation & Rezone: The annexation and zoning request from County Rural Urban Transition (RUT) to Low Density Residential (R-2) on the applicant’s property will allow for the subdivision of the property to urban densities that, while lower than the minimum density anticipated, will otherwise be consistent with the recently adopted Comprehensive Plan Map. The overall density of the proposed development is 1.92 dwelling units per acre. The current Comprehensive Plan Land Use Map designates this property as Neighborhood Residential, with an anticipated density of 3 to 5 dwelling units per acre. The requested density falls in the middle of this designation. The requested zoning designation and density proposed falls below the intent of the Comprehensive Plan. However, the Comprehensive Plan also recognizes and encourages the development of a diverse community, including housing types. Having larger lots mixed in with smaller lots in adjacent subdivisions creates a good mixture of home sizes, open area, reduced traffic and a better quality of life for the citizens of Star. ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 3 Residential Preliminary Plat: The Preliminary Plat consists of 39 single family residential lots and 4 common lots. One of the two existing dwellings will remain and be platted as an individual lot in the subdivision (Lot 1, Block The other dwelling located near the western boundary of the property, in addition to the existing private road, accessory structures, well and septic system, will be removed as part of the development. The new residential lots proposed range in size from 10,766 square feet to 22,991 square feet (existing dwelling lot), with an average lot size for the new dwellings at 13,626 square feet. The existing home lot will be 2.26 acres in size. The preliminary plat includes a total of 3.04 acres (15.2%) total open space. Within the total open space, at least 10% of the open space will be usable. The current Unified Development Code requires one site amenity for each 20-acres of development area (total of 1 amenity required). Proposed amenities within this development proposal includes the following: • Quality of Life Amenities – Proposed pathways and ponds, and detached sidewalks throughout the subdivision; • Picnic Area with gazebo, BBQ and picnic table and benches Additional Development Details: Irrigation to the property will be provided by the Middleton Mill Irrigation District. The applicant has been working with the district. The ingress/egress will be taken from W. Beacon Light Road. The design shows future street connections to adjacent properties, including connection to the Greendale Grove development and to future development to the north and east. Locations for decorative streetlights are not reflected on the preliminary plat. Locations shall be addressed along with design and description of said lights in the final plat application. Dark sky lighting shall apply. No subdivision sign locations have been designated for this development. A sign permit application shall be submitted prior to any sign installation. If a pump house is proposed, a location needs to be called out on the site plans and identified in the “Notes”. Fencing is not shown on the submitted plat or landscape plan. A fencing plan shall be submitted with the final plat application. The applicant should be prepared to discuss fencing with the Council during the public hearing. ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 4 All internal roads shall be 36’ from back of curb to back of curb. All block are less than the maximum requirement of 750 feet. The applicant has not indicated if the subdivision will be built in multiple phase. The applicant shall submit a phasing plan prior to the Council public hearing. The application does not indicate location of mailbox clusters in the subdivision. The applicant should contact the postmaster in Star to coordinate location. H. On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – Existing pond may contain stocked fish.  Mature Trees – Yes  Riparian Vegetation – No known areas.  Steep Slopes – None evident.  Stream/Creek – None.  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.  Wildlife Habitat – No sensitive wildlife habitat has been observed.  Historical Assets – No historical assets have been observed. I. Agencies Responding: The following agencies responded, and correspondence was attached to the staff report. Dept. of Environmental Quality December 12, 2019 Idaho Dept of Water Resources December 16, 2019 Star Fire District December 18, 2019 Central District Health December 19, 2019 Farmers Union Ditch Company December 19, 2019 Keller and Associates December 23, 2019 ACHD January 10, 2020 J. Letters from the Public: Barbara Moyle, 9800 W. Beacon Light Road, Star, Idaho 83669 K. Comprehensive Plan and Unified Development Code Provisions: Comprehensive Plan: 8.2.3 Land Use Map Designations: ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 5 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: • 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: • The Neighborhood Residential Land Use is to encourage urban style development densities to limit urban sprawl. 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. • 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. ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 6 • 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: Unified Development Code: Definitions (Section 8-2 B-1): Dwelling or Dwelling Unit: Any structure, or portion thereof, providing independent living facilities for one “family” as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. Residential (R-2) Zoning: Two dwelling units per acre. 8-4F-3: STANDARDS FOR COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS: A. Open Space And Site Amenity Requirement: 1. 1. The total land area of all common open space shall equal or exceed five percent of the gross land area of the development. Open Space – Open space shall be designated as a total of 15% per application with 10% being useable space. – Approved by Ordinance 290, July 16, 2019 (uncodified) 2. One additional site amenity shall be required for each additional twenty (20) acres of development area. 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 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. Community garden; c. Ponds or water features; or d. Plaza. ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 7 2. Additions to a public park or other public open space area. 3. The buffer area along collector streets may be included in required common open space for residential subdivisions. 4. A street buffer with a minimum of ten feet (10') in width and street trees planted in accord with section 8-4B-7, "Landscape Buffers Along Streets", of this chapter may count up to fifty percent (50%) of the requirement. 5. Parkways along local residential streets 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. b. The parkway is planted with street trees in accord with section 8-4B-7, "Landscape Buffers Along Streets", of this chapter. c. 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. 6. Parkways along collector and arterials that are a minimum of ten feet (10') in width from street curb to sidewalk can be counted toward the open space requirement. 7. Stormwater detention facilities when designed in accord with section 8-4B-11, "Stormwater Integration", of this chapter. C. Qualified Site Amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Quality of life amenities; 2. Clubhouse; 3. Fitness facilities; 4. Enclosed bike storage; 5. Public art; 6. Picnic area; or ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 8 7. Additional five percent open space; 8. Recreation amenities: a. Swimming pool. b. Children's play structures. c. Sports courts. d. 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; 9. Provision of transit stops, park and ride facilities or other multimodal facilities to encourage alternative automobile transportation. D. Location: 1. The common open space and site amenities shall be located on a common lot or an area with a common maintenance agreement. 2. Common open space shall be grouped contiguously with open space from adjacent developments whenever feasible. E. Required Improvements And Landscaping: 1. Common open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, creeks, etc., may be left unimproved. 2. Common open space areas shall include (at a minimum) one deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. F. 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; or ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 9 2. Land designated as common open space may be conveyed to the city, where the city council agrees to accept conveyance. (Ord. 215, 11-2-2011) Required Findings for Annexation and Rezoning (UDC §8-1B-1E): 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 annexation and 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 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. ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 10 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. 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. Required Findings for Preliminary Plats (UDC §8-6B-6): 1. The plat is in compliance with the Comprehensive Plan; The Council finds that the Plat, as presented, will be constituent with the updated Comprehensive Plan and will meet 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. 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. 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. Public Hearing of the Council: a. A public hearing on the application was held before the City Council on January 21, 2020, at which time testimony was heard and the public hearing was closed. The City Council made their decision at that time. b. Oral testimony in favor of the application was presented to the City Council by: Guy Jones, Alliance Building, LLC, 11543 Purple Sage Road, Middleton, Idaho 83644 ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 11 c. Oral testimony to the application was further presented to the Council by: Barbara Moyle, 9800 W. Beacon Light Road, Star, Idaho 83669 d. Written testimony in favor of or opposing the application was presented to the City Council by: None Deliberations and Conclusions of Law: The Council reviewed the particular facts and circumstances of this proposed annexation and zoning application in accordance with the City of Star Title 8 (Unified Development Code), deliberated on the matter, resulting in discussions on the annexation and platting of the development. Discussion included future development with a preliminary plat and compliance with Comp Plan. The Council also requested compliance with ITD future proportionate costs. 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. The Owner requested the annexation and rezone from Rural Urban Transition (RUT) to Residential (R-2) which fits within the neighboring properties. Conditions of Approval: 1. The applicant shall be responsible for any ITD “Development Contributions” associated with impacts on construction or improvements to the State Highway system as may be collected by the City of Star prior to signature of final plat. 2. The approved Preliminary Plat for Torchlight Estates Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 3. The property with the approved Preliminary Plat shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star Unified Development Code. 4. 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 Staff prior to start of construction. 5. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 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. ---PAGE BREAK--- TORCHLIGHT ESTATES SUBDIVISION FFCL FILE NO. AZ-20-01/PP-20-01 12 7. The approved Preliminary Plat shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See UBC Landscaping Requirements) 8. Applicant/Owner/Developer shall submit a streetlight plan/design with each subsequent Final Plat application. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision. 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. 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. 11. The subsequent Final Plats shall comply with and be in accordance with the current City of Star Code, with the exception of any waivers granted by Council. 12. Requested surety shall be required at 150% of the total estimated installed cost, as approved by the City Engineer or Administrator (See the Unified Development Code for a list of eligible items.) 13. A copy of the CC&R’s shall be submitted to the City of Star at Final Plat. 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. 16. All State, Federal and Local rules and regulations regarding development in the Special Hazard Areas (Floodplain/Floodway) shall be adhered to, if applicable. Council Decision: The Council voted unanimously to approve the Annexation and Zoning to Residential Development Agreement and Preliminary Plat for Torchlight Estates Subdivision on January 21, 2020. Dated this day of 2020. Star, Idaho By: ATTEST: Trevor A. Chadwick, Mayor Cathy Ward, City Clerk ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW M&M – J&E PROPERTIES FILE NO. RZ-20-01/PUD-20-01 The above-entitled Rezone and Planned Unit Development land use application came before the Star City Council for their action on January 21, 2020, 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: Jason Martin, 9628 W. State Street, Star, Idaho, 83669, the representative, requested approval of a Rezone from Commercial (C-2) to Central Business District (CBD), and a Planned Unit Development for a proposed car dealership, live/work mixed use and a residential duplex. The property is located at 10362 & 10366 W. State Street in Star and consists of .71 acres and is generally located on the north side of W. State Street, east of N. Taurus Way in Star, Idaho. Ada County Parcels -#S0408438480 & S0408438560. The project will include a car lot, office with living space and a residential duplex and detached garage. B. Application Submittal: A neighborhood meeting was held on October 29, 2019 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 November 20, 2019. 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 November 20, 2019. 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 November 20, 2019. Notice was sent to agencies having jurisdiction in the City of Star on November 20, 2019. The property was posted in accordance with the Star Unified Development Code on January 10, 2020. D. History of Previous Actions: The property has been used in the past as various office/commercial uses, including the Galaxy Motors car dealership. ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 2 E. Comprehensive Plan Land Use Map and Zoning Map Designations: Zoning Designation Comp Plan Designation Land Use Existing Commercial C-2 Central Business District Commercial/Residential Proposed CBD-PUD Central Business District Mixed Use Development North of site Commercial (C-2) Central Business District Vacant-Pastureland South of site Limited Office (L-O) Central Business District Vacant East of site Commercial (C-2) Central Business District Commercial – Star Vet Clinic West of site Commercial (C-2) Central Business District Commercial – Point S Tire Center F. Site Data: Total Acreage of Site – .71 acres G. Development: The Applicant is seeking approval of a Rezone from Commercial (C-2) to Central Business District (CBD), and a Planned Unit Development for a proposed car dealership, live/work mixed use and a residential duplex. Rezone: The rezone request from Commercial C-2 to Central Business District (CBD) on the applicant’s property will allow for the property zoning to be consistent with the recently adopted Comprehensive Plan. The current Comprehensive Plan Land Use Map designates this property as Central Business District. The requested land uses of commercial with the inclusion of the existing, specific residential uses within the proposed PUD meets the intent of the zoning designation and Comprehensive Plan, in that “the CBD zoning district should allow for a mix of commercial, office, institutional, and civic type uses with specific provisions for residential use in appropriate locations with compatible densities” (Policy 8.5.5A). Planned Unit Development: Included with the rezone is an application for a Planned Unit Development (PUD). The current PUD ordinance states that “a variety of housing types shall be included within a single planned development, including 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”. And while the Central Business District ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 3 prohibits two-family duplexes, “Deviations from the development standards and/or area requirements of the district” may be requested as part of the PUD process. “The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced”. As proposed, this planned unit development would include the following exceptions and conditional uses within the CBD zone: • Commercial/Office Use – Car Dealership, other, allowed, CBD non-residential uses • Live/Work concept • A Residential Duplex • Detached Accessory Structure Additional Development Details: Transportation: 1. The applicant is working with ITD regarding access onto State Street. As of the date of this report, Staff has not received a response to the application from ITD. 2. The City of Star has adopted an Economic Corridor Access Management Plan that shows the area of these parcels as having cross-access to adjacent properties. Staff has worked with the applicant, and a 20’ cross access has been recognized by the applicant and included on the proposed site plan along the northern boundary of the property that would provide for cross access to the east and west, either as a driveway connection or a future public street. This access may be required to be constructed in future development phases by the applicant as this property, and others adjacent to it redevelop. Site Development Plan: The site plan submitted indicates that the southern half of the property , including the front and side areas of the existing, southern live/work structure is to be paved, striped and provided with landscaping that will meet the standards set required in the Zoning Ordinance. The remaining, northern portion of the property will remain gravel, as the owner intends to redevelop the northern portion of the property in the future. Locations for decorative streetlights along State Street are not reflected on the site plan and may be required by the Council as part of this development. In addition, the applicant should be prepared to address on-site parking, including lighting in the parking lot. Locations shall be addressed along with design and description of said lights. Dark sky lighting standards shall apply. A sidewalk along State Street was discussed with Staff, including the possibility of bonding for sidewalk until ITD widens State Street in the future. The Star City Engineer has recommended ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 4 that sidewalk be constructed with this development application. With the surrounding properties along State Street currently developing and the ability to provide safe pedestrian circulation through the Central Business District, Staff is also recommending sidewalk be completed as part of this development. An accessory garage structure is included on the site plan to provide covered parking to the residential uses. Accessory structures are a conditional use in the current CBD zoning and can be approved as part of this PUD. The structure shall meet the residential side yard setback requirement of a minimum of 5’ and shall be located outside of the required cross-access easement on the north boundary of the property. The Star Fire District has reviewed the application and is requiring an emergency turn-around near the residential duplex and future garage area. The applicant shall work with the Fire Chief in the design and approval of this request. H. On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – No known areas.  Mature Trees – Yes  Riparian Vegetation – No known areas.  Steep Slopes – None.  Stream/Creek – None.  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.  Wildlife Habitat – No wildlife habitat has been developed or will be destroyed.  Historical Assets – No historical assets have been observed. I. Agencies Responding: The following agencies responded, and correspondence was attached to the staff report. Department of Environmental Quality November 27, 2019 Keller and Associates November 27, 2019 ACHD December 9, 2019 Star Fire District December 18, 2019 J. Letters from the Public: None K. Comprehensive Plan and Unified Development Code Provisions: ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 5 Comprehensive Plan: 8.2.3 Land Use Map Designations: Central Business District The Central Business District is planned to be a vibrant downtown center for the community. Uses encouraged are commercial, retail, civic, private offices, and entertainment. High density housing is encouraged on the upper floors of mixed-use buildings and at the fringes of the land use designation. Developments in this district are to place an emphasis on pedestrian and bicycle access and compatibility. 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. 8.5.5 Policies Related Mostly to the Central Business District Planning Areas: A. The CBD zoning district should allow for a mix of commercial, office, institutional, and civic type uses with specific provisions for residential use in appropriate locations with compatible densities. B. High density residential is suitable within the CBD in mixed use buildings with commercial or office type uses on the first floor and high density residential on upper floors. 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--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 6 • 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: Definitions (Section 8-2 B-1): Dwelling or Dwelling Unit: Any structure, or portion thereof, providing independent living facilities for one “family” as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. Residential (R-5) Zoning: Five dwelling units per acre. USE CBD C-1 C-2 L-O Dwelling: Multi-family1 C N N N Secondary1 N N N N Single-family attached C N N N Single-family detached1 N N N N Townhouse N N N N Two-family duplex N N N N 8-7-1: PURPOSE PLANNED UNIT DEVELOPMENTS: ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 7 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. (Ord. 215, 11-2-2011) 8-7-4: STANDARDS: The council may approve planned unit developments, in accord with the following standards: A. General Use Standards: 1. Deviations From Underlying District Requirements: Deviations from the development standards and/or area requirements of the district in accord with chapter 3, "District Regulations", of this title may be approved. 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). 3. Private Streets And Service Drives: The uses within the planned unit development are interconnected through a system of roadways and/or pathways as appropriate. Private streets and service drives may be permitted, if designed and constructed to the transportation authority standards and in accord with chapter 4, article E, "Private Street Requirements", of this title. 4. Buildings Clustered: Buildings shall be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. B. Private Open Space: In addition to the common open space and site amenity requirements as set forth in chapter 4, "Regulations Applicable To All Districts", of this title, a minimum of eighty (80) square feet of private, usable open space shall be provided for each residential unit. This requirement can be satisfied through porches, patios, decks, and enclosed yards. Landscaping, and other accessways do not count toward this requirement. ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 8 C. Residential Use Standards: 1. Multi-Family: Notwithstanding the provisions of chapter 3, "District Regulations", of this title, multi-family dwellings may be an allowed use when approved through a planned unit development. 2. Housing Types: A variety of housing types shall be included within a single planned development, including 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. Required Findings for Annexation and Rezoning (UDC §8-1B-1E): 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 the Central Business District is to encourage a vibrant downtown center for the community. Uses encouraged are commercial, retail, civic, private offices, and entertainment. High density housing is encouraged on the upper floors of mixed-use buildings and at the fringes of the land use designation. Developments in this district are to place an emphasis on pedestrian and bicycle access and compatibility. 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 City must find that the proposal complies with the proposed district and purpose statement. The purpose statement provides for allowed uses to include small scale retail, public, quasi-public and adaptive reuse of residential structures. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 9 The Council finds that there is no indication from the material and testimony submitted 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 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. 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. Required Findings for Planned Unit Developments (UDC 1. 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. The Council finds that the planned unit development includes a site design, street and circulation layout, and building design that is cohesive, continuous and visually and functionally appropriate for the area. B. The planned unit development preserves the significant natural, scenic and/or historic features. The Council finds that the planned unit development preserves significant natural, scenic and historic features found on the property. 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. The Council finds that the planned unit development is arranged so that the uses and structures will not cause damage, hazard or nuisance to persons or 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. ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 10 The Council finds that the planned unit development has been designed to take into consideration internal street, bike and pedestrian circulation. ACHD and ITD have reviewed and commented on the application with requirements incorporated into the approval of the development. 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. The Council finds that the planned unit development includes park, recreational and open space that will be functionally related and accessible to all dwelling units through the pedestrian and bicycle pathway system. F. The proposal complies with the density and use standards requirements in accord with chapter 3, "District Regulations", of this title. The Council finds that the planned unit development complies with the density and use standards requirement of the UDC. G. The amenities provided are appropriate in number and scale to the proposed development. The Council finds that the planned unit development includes the appropriate number and scale of amenities to the proposed development. H. The planned unit development is in conformance with the comprehensive plan. The Council finds that the planned unit development is in conformance to the new comprehensive plan and the Central Business District designation. Public Hearing of the Council: a. A public hearing on the application was held before the City Council on January 21, 2020, at which time testimony was heard and the public hearing was closed. The City Council made their decision at that time. b. Oral testimony in favor of the application was presented to the City Council by: Jason Martin, 9628 W. State Street, Star, Idaho, 83669 Mike Virden, property owner, 2303 W. Bellagio Drive Meridian, Idaho c. Oral testimony to the application was further presented to the Council by: Doug Kramer, 10343 W. Adirondack Drive, Star, Idaho 83669 Zach Bruneel, 3035 N. Hamlet Lane, Star, Idaho 83669 ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 11 d. Written testimony in favor of or opposing the application was presented to the City Council by: None Deliberations and Conclusions of Law: The Council reviewed the particular facts and circumstances of the proposed rezone and planned unit development applications in accordance with the City of Star Title 8 (Unified Development Code), deliberated on the matter, resulting in discussions on the uses associated with the development. Discussion included future cross access to adjoining properties, emergency turn-around, sunset clause for the duplex uses, and timing of the sidewalk on State Street. Council required specific conditions of approval to address timing of the removal of the duplex structure and sidewalk construction. 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. The Owner requested rezone from Commercial (C-2) to Central Business District (CBD) which fits within the neighboring properties. Conditions of Approval: 1. The development shall follow the specific details of the approved PUD site/development plan approved through this application. The approved PUD site/development plan shall further comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. Prior to building permits/certificate of occupancy, a revised site/development plan shall be submitted to the administrator showing sidewalk location to be constructed along State Street, garbage enclosure location, streetlight location and emergency turn-around. 3. The development, as approved, is for a car dealership with attached residential unit, the continued use of the existing duplex structure and one new accessory structure only. Any further uses proposed are subject to additional review by the City through the current Unified Development Code. The duplex shall be removed by the property owner within 24 months of the completion of State Street expansion by ITD. The owner shall have the option of an extension of time to be approved by the Zoning Administrator. 4. The property with the approved development plan 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 approved development plan shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages, including street trees. ---PAGE BREAK--- M&M – J&E PROPERTIES FFCL FILE NO. RZ-20-01/PUD-20-01 12 6. Applicant/Owner/Developer shall submit a streetlight and parking lot lighting plan/design prior to Certificate of Zoning Compliance. All lighting shall comply with the Star City Code and the Dark Sky standards adopted by the City. 7. All new structures shall comply with the effective building and zoning requirements at time of building permit issuance, unless otherwise amended in the PUD or Development Agreement. 8. Any requirements from the Star Sewer & Water District shall be the responsibility of the applicant. 9. All State, Federal and Local rules and regulations regarding development in the Special Hazard Areas (Floodplain/Floodway) shall be adhered to, if applicable. 10. The applicant shall meet all requirements of the Star Fire District regarding emergency access to the property. If required, an emergency turn-around shall be constructed per Fire District standards. 11. All new structures and tenant improvements shall require a building permit. 12. A separate sign permit shall be approved for any signage for the proposed use. 13. Prior to issuance of a Certificate of Zoning Compliance, a stormwater narrative, drainage calculations, and drainage section details shall be submitted and approved by the City Engineer. The development shall further meet all specific requirements of the City Engineer. 14. Sidewalk along the State Street frontage shall be constructed by the owner at the time of the State Street expansion by ITD. The owner shall have 1-year to complete this improvement. 15. The applicant shall provide a 25’ cross access easement along the entire northern boundary of the property for a future east-west roadway. A recorded copy of the easement shall be submitted to the Administrator prior to certificate of occupancy. Council Decision: The Council voted unanimously to approve the Rezone to Central Business District (CBD), and Planned Unit Development for M&M – J&E Properties on January 21, 2020. Dated this day of 2020. Star, Idaho By: ATTEST: Trevor A. Chadwick, Mayor Cathy Ward, City Clerk ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW NORTHWEST DEVELOPMENT COMPANY-STATE STREET/SENECA SPRINGS FILE NO. AZ-20-02, DA-20-01, & CU-20-02 The above-entitled Annexation & Zoning, Development Agreement and Conditional Use Permit applications came before the Star City Council for their action on January 21, 2020, 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: Northwest Development Company, represented by Brad Marczuk of Larson Architects, 210 Murray Street, Boise, Idaho 83714, requested approval of an Annexation and Rezone from Rural Urban Transition (RUT) to Central Business District (CBD) with a Development Agreement, and a Conditional Use Permit for a mixed-use development containing multi-family residential and commercial uses. The properties, located at 10040 & 10122 W. State Street in Star, consists of approximately 6.96 acres. The subject property is generally located on the northwest corner of W. State Street and N. Seneca Springs Way in Star, Idaho. Ada County Parcel -#S0408438900, S0408438855 and S0408438955. The property will include commercial, office and apartment units. B. Application Submittal: A neighborhood meeting was held on August 21, 2019 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 December 17, 2019. 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 November 15, 2019. 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 November 11, 2019. Notice was sent to agencies having jurisdiction in the City of Star on November 12, 2019. The property was posted in accordance with the Star Unified Development Code on January 8, 2020. D. History of Previous Actions: ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 2 Staff is unaware of any previously approved applications on any of the parcels involved in this application request. The western property along State Street was the previous location of Strickland Stone back in the early 2000’s. E. Surrounding Land Use/Designations: Zoning Designation Comp Plan Designation Land Use Existing County (RUT) Mixed Use (M-U) Commercial (C-2) Central Business District Residential/SFD Vacant-Pasture Vacant Proposed CBD Central Business District Mixed Use Development North of site Residential (R-4) Neighborhood Residential Single Family Residential Rockbridge Subdivision South of site Residential (R-2-DA) Neighborhood Residential Single Family Residential Heron River Subdivision East of site Commercial (C-1) Central Business District Office/Commercial/Retail West of site County (RUT) Central Business District Residential SFD/Pasture F. Site Data: Total Acreage of Site – 6.96 acres G. Development Overview: The applicant is requesting annexation and zoning approval for the corner parcel (10040 W. State Street), and rezone approval from an existing Commercial C-2 for the parcel to the west and adjacent to State Street (10122 W. State Street). The two parcels combined are a total of .93 acres. Both parcels would have a new zoning designation of Central Business District (CBD). This would be consistent with the current Comprehensive Plan Land Use Map for the two properties. The applicant is further requesting that the parcel located to the north and containing 4.64 acres be approved for a conditional use permit to allow up to 84 multi-family units. Finally, the applicant requests a development agreement to encompass the entire development for the purpose of integrating the uses, providing cross access, a new public street, shared parking agreements and further consistency in the development. LAND USE: The submitted development site plan shows potentially three commercial buildings along the State Street frontage with associated parking and proposed landscaping. All future commercial/office/retail uses will be subject to Table 8-3C-2(a) Schedule of Uses In The Central Business District (CBD), or any updated City codes in effect at the time of submittal of Certificate of Zoning Compliance and building permits. These future uses may be subject to additional land ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 3 use applications and public hearings depending on the use as it is recognized in the Table. For example, the site plan indicates an auto parts store in one of the proposed uses along State Street. Retail store/retail services are listed as a principally permitted use in the CBD zone, which would require administrative approval. In addition to the commercial, the site plan shows multi-family residential from the edge of the commercial portion of the development north to the boundary separating the Central Business District from Neighborhood Residential land uses, including the existing Rockbridge Subdivision. ANNEXATION/REZONE: The annexation and zoning, and rezone of the two southern parcels to Central Business District (CBD) on the applicant’s property will allow for the property zoning to be consistent with the recently adopted Comprehensive Plan. The current Comprehensive Plan Land Use Map designates this entire development property as Central Business District. The multi-family component is located entirely on a parcel that has a current Mixed-Use (M-U) zoning designation. This zoning designation, as indicated in Table 8-3E-2(a) Schedule of Uses In The Mixed-Use District, allows multi-family dwellings through the conditional use permit process. The requested land uses of commercial for the two southern parcels meets the intent of the zoning designation and Comprehensive Plan, in that “the CBD zoning district should allow for a mix of commercial, office, institutional, and civic type uses with specific provisions for residential use in appropriate locations with compatible densities” (Policy 8.5.5A). DEVELOPMENT AGREEMENT Through the Development Agreement process, the applicant is proposing to work with the City to provide further insurances that the development will be built as presented and/or modified by the Council through the review process. Items that can be considered by the applicant and Council include the following: • Cross access to adjacent properties through a public roadway (to be built by the applicant); • Landscaping and buffering of different land uses • Height and setbacks of structures • Shared parking CONDITIONAL USE PERMIT: As previously written, multi-family developments are allowed in the Mixed-Use (M-U) zoning district through the conditional use permit process. As stated in 8-1B-4A Conditional Uses, the purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval. Section 8-1B-4D further states ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 4 that, “in approving any conditional use, the city council may prescribe appropriate conditions, bonds and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city.” Regarding the proposed multi-family land use in the conditional use request, the applicant has provided a concept layout with associated parking, access and circulation and preliminary building elevations. If the land use is approved by Council, the applicant would be required to submit a Design Review and Certificate of Zoning Compliance application to the City in order for Staff to review the specific details including landscaping, parking, lighting, building style, open space and amenity requirements. At this time, the applicant is requesting that the land use be approved with conditions of approval and a development agreement. ADDITIONAL ITEMS FOR CONSIDERATION: Transportation: 1. The applicant has been working with ITD regarding access onto State Street. Although a report from ITD has not been received as of the date of this report, Staff has been in contact with ITD Staff and access onto State Street will be allowed in the proposed location, as this is currently the only access to the properties until future development occurs in the immediate area. 2. The City of Star previously adopted an Economic Corridor Access Management Plan that currently shows the area of these parcels as having cross-access to the adjacent property to the west and future access to State Street. Staff requested that the applicant work with the City to provide cross access not only to the west, but through the entire property for potential connection east to N. Seneca Springs Way sometime in the future. Currently, a ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 5 30’ landscaped common lot owned by Rockbridge HOA prevents any current access to the east. The applicant revised the original site plan to include the recommended roadway. H. On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – No known areas.  Mature Trees – Yes  Riparian Vegetation – No known areas.  Steep Slopes – None.  Stream/Creek – None.  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.  Wildlife Habitat – No wildlife habitat has been developed or will be destroyed.  Historical Assets – No historical assets have been observed. I. Agencies Responding: The following agencies responded, and correspondences were attached to the staff report or presented at the City Council hearing as late exhibits. Central District Health Department November 19,2019 Ada County Development Services November 29, 2019 Keller and Associates November 27, 2019 ACHD December 13, 2019 J. Letters/Emails from the Public: Letter from Rockbridge HOA Email from James Wilson Letter from Andy McMurry Letter from Gerald D. Hopkins Email from Ryan Winn Letter from Pat Chong Email from Barry & Marlies Haight Letter from Kelly Kellas & Kathleen Kellas Email from Steven Engel Letter from Bob West Email from Charles and Nona Janvier Email from Vern and LoForti ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 6 Email from Rebecca Tite Email from Juli Page Email from Cheryl Burgess Letter from Gary Smith Email from Noel Schoneman Email from Merrilee Nowlin Email from Kathy Cravens K. Comprehensive Plan and Unified Development Code Provisions and Conformance: Comprehensive Plan 8.2.3 Land Use Map Designations: Central Business District The Central Business District is planned to be a vibrant downtown center for the community. Uses encouraged are commercial, retail, civic, private offices, and entertainment. High density housing is encouraged on the upper floors of mixed-use buildings and at the fringes of the land use designation. Developments in this district are to place an emphasis on pedestrian and bicycle access and compatibility. 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. 8.5.5 Policies Related Mostly to the Central Business District Planning Areas: A. The CBD zoning district should allow for a mix of commercial, office, institutional, and civic type uses with specific provisions for residential use in appropriate locations with compatible densities. ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 7 B. High density residential is suitable within the CBD in mixed use buildings with commercial or office type uses on the first floor and high density residential on upper floors. 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. • 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 8-3E-1 MIXED USE DISTRICT PURPOSE: The purpose of the mixed-use district is to encourage compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. The purpose of the MU district is also to conditionally provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multi-family. Development in the MU district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Vertically integrated residential projects are encouraged in all mixed-use neighborhood districts. (Ord. 215, 11-2-2011) ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 8 8-3E-2: USES IN MIXED USE DISTRICT: Table 8-3E-2(a) of this section lists permitted conditional and prohibited uses within each traditional neighborhood district. A. Permitted uses shall be reviewed in accord with chapter 5, "Specific Use Standards", of this title. B. Uses that are listed as C are subject to a conditional use permit approval through the public hearing process. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 1, "Administration", of this title and the specific use standards in chapter 5, "Specific Use Standards", of this title. C. Any use not explicitly listed in table 8-3E-2(a) of this section is subject to a conditional use permit approval through the public hearing process. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 1, "Administration", of this title and the specific use standards in chapter 5, "Specific Use Standards", of this title. It shall be unlawful and a violation of this unified development code for any person to conduct any conditional use in a mixed-use district, unless such person shall first obtain a conditional use permit from the city. D. Interpretation of the inclusion or exclusion of allowed uses shall be made by the administrator and based on the administrator's findings in review of the criteria established in chapter 2, "General Regulations", of this title. E. For uses that may fall into more than one category, the administrator shall determine the most appropriate category based on the more restrictive standards. (Ord. 215, 11-2-2011) 8-3C-1: COMMERCIAL DISTRICTS PURPOSE: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Star comprehensive plan. Four districts are designated which differ in the type, scale and mix of allowed commercial uses. TABLE 8-3C-1(a) PURPOSE AND USE IN COMMERCIAL DISTRICTS District Allowed Uses Central business district (CBD) Small scale retail, public, quasi-public and adaptive reuse of residential structures ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 9 8-3C-2: USES IN COMMERCIAL DISTRICTS: Table 8-3C-2(a) of this section lists permitted conditional or prohibited uses within each commercial district. A. Principal permitted uses shall be reviewed in accord with chapter 5, "Specific Use Standards", of this title. B. Uses that are listed as C are subject to a conditional use permit approval through the public hearing process. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 1, "Administration", of this title and the specific use standards in chapter 5, "Specific Use Standards", of this title. It shall be unlawful and a violation of this unified development code for any person to conduct any conditional use in a commercial district, unless such person shall first obtain a conditional use permit from the city. C. Any use not explicitly listed in table 8-3C-2(a) of this section is subject to a conditional use permit approval through the public hearing process. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 1, "Administration", of this title and the specific use standards in chapter 5, "Specific Use Standards", of this title. D. Interpretation of the inclusion or exclusion of allowed uses shall be made by the administrator and based on the administrator's findings in review of the criteria established in chapter 2, "General Regulations", of this title. E. For uses that may fall into more than one category, the administrator shall determine the most appropriate category based on the more restrictive standards. (Ord. 215, 11-2-2011) Table 8-3E-2(a) Schedule of Uses In The Mixed-Use District: (as proposed) Use MU Dwelling: Multi-family1 C Notes: 1. Indicates uses that are subject to chapter 5, "Specific Use Standards", of this title. Table 8-3C-2(a) Schedule of Uses In The Central Business District (CBD). ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 10 8-5-3-36: MULTI-FAMILY DWELLING/DEVELOPMENT: Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well- integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site Design: 1. Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. 2. Areas Screened: All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street or shall be fully screened from view from a public street. 3. Open Space Provided: A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, and other accessways shall not count toward this requirement. 4. Vehicular Circulation Areas; Parking Areas: For the purposes of this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space. 5. Storage Of Recreational Vehicles: No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 11 6. Parking: The parking shall meet the requirements set forth in chapter 4, "Regulations Applicable To All Districts", of this title. 7. Developments With Twenty Units Or More: Developments with twenty (20) units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A map of the development at an entrance or convenient location for those entering the development. C. Common Open Space Design Requirements: A minimum area of outdoor common open space shall be provided as follows: 1. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area. 2. Two hundred fifty (250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area. 3. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. 4. Common open space shall be not less than four hundred (400) square feet in area and shall have a minimum length and width dimension of twenty feet 5. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. 6. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least four feet in height. D. Site Development Amenities: 1. All multi-family developments shall provide for the categories of quality of life, open space and recreation with amenities to meet the particular needs of the residents as follows: a. Quality of life. ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 12 b. Clubhouse. c. Fitness facilities. d. Enclosed bike storage. e. Public art such as a statue. f. Open space. g. Open grassy area of at least fifty by one hundred feet (50 x 100') in size. h. Community garden. i. Ponds or water features. j. Plaza. k. Recreation. l. Pool. m. Walking trails. n. Children's play structures. o. Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. A multi-family development with less than twenty (20) units, two amenities shall be provided from two separate categories. b. A multi-family development between twenty (20) and seventy-five (75) units, three amenities shall be provided, with one from each category. c. A multi-family development with seventy-five (75) units or more, four amenities shall be provided, with at least one from each category. d. A multi-family development with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 13 3. The city council shall be authorized to consider other improvements in addition to those provided under this subsection D, provided that these improvements provide a similar level of amenity. E. Architectural Character: 1. All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to, windows, bays and offsetting walls that extend at least two feet recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of twenty-five (25) square feet. 2. Entrances which are the primary point(s) of entry, where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. 3. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. 4. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. 5. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. 6. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided in any building facing any common area used for children's recreation. 7. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. F. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 4, "Regulations Applicable To All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet wide. ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 14 b. For every three linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. G. Maintenance And Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. (Ord. 215, 11-2-2011) 8-1B-4: CONDITIONAL USES: A. Purpose: The purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval. B. Applicability: The provisions of this section apply to all uses identified as conditional use in chapter 3, "District Regulations", of this title, and as otherwise required by specific development standards in chapter 5, "Specific Use Standards", of this title. C. Process: 1. The applicant shall complete a preapplication conference with the administrator prior to submittal of an application for a conditional use. 2. An application and appropriate application fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the administrator on forms provided by the planning department. 3. The administrator may require additional information concerning the social, economic, fiscal or environmental effects of the proposed conditional use, prior to the scheduling of a public hearing. D. Standards: In approving any conditional use, the city council may prescribe appropriate conditions, bonds and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 15 6. Require the provision for on site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city. 8-1B-4E. FINDINGS: The council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use will be harmonious with the Star comprehensive plan and in accord with the requirements of this title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Findings for Annexation and Rezoning (UDC §8-1B-1E): (Applies only to the two southern parcels) 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds that the requested zoning designation of Central Business District (CBD) is consistent with the land use designation on the Comprehensive Plan Land Use ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 16 Map. 2. The map amendment complies with the regulations outlined for proposed district, specifically the purpose statement; The Council finds that the proposal complies with the proposed district and purpose statement. The purpose statement provides for allowed uses to include small scale retail, public and quasi-public. 3. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that there is no indication from the material submitted by any political agency stating that this annexation and zoning of the specific property proposed to be annexed and zoned, would be materially detrimental to the public health, safety or welfare. 4. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the proposed uses associated with the annexation and zoning portion of the development would be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and would not change the essential character of the same area. The Council, however, after reviewing the entire development, finds that the residential component proposed is not compatible with other uses in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, street, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that the proposed use can be adequately served by essential public facilities and services. The City has not received notification from any public facility or service stating they cannot provide essential services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the proposed use would not create excessive additional costs for public facilities and would not be detrimental to the economic welfare of the community. The City has not received notice from any agency having jurisdiction stating that this application will create excessive additional costs for the public facilities and services as the development will pay for all changes in services. ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 17 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed use would not involve activities that would be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed use would not result in the destruction, loss or damage of natural, scenic or historic feature of major importance since none are apparent on this site. Findings for Conditional Use Permits (UDC §8-6B-6): 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds nothing in the record indicating that the site of the proposed use would not be large enough to accommodate the proposed use or meet all of the dimensional and development regulations in the district in which the use would be located. 2. That the proposed use will be harmonious with the Star comprehensive plan and in accord with the requirements of this title. The Council finds that the proposed use is not harmonious with the Star Comprehensive Plan and is not in accord with the requirements of this Title. The proposed residential portion of the development doesn’t meet the intent or purpose of the Central Business District. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that operation of the proposed use would not be compatible with the other uses in the general neighborhood. The interpretation from Council is that residential uses are not allowed as a Conditional Use in the Central Business District, unless the residential is located specifically on top of commercial uses, per the purpose statement. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed residential use, even with imposed conditions of approval, would adversely affect other property in the vicinity. Traffic was cited as a concern to the Council. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 18 disposal, water, and sewer. The Council finds that the proposed use cannot be adequately served by essential public facilities and services. The Council has cited traffic concerns to the transportation system. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the proposed use would not create excessive additional costs for public facilities and would not be detrimental to the economic welfare of the community. The City has not received notice from any agency having jurisdiction stating that this application will create excessive additional costs for the public facilities and services as the development will pay for all changes in services. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed use would involve activities that would be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed use would not result in the destruction, loss or damage of natural, scenic or historic feature of major importance since none are apparent on this site. Public Hearing of the Council: a. A public hearing on the application was held before the City Council on January 21, 2020, at which time testimony was heard and the public hearing was closed. The City Council made their decision at that time. b. Oral testimony in favor of the application was presented to the City Council by: Travis Stroud, applicant, 1980 S. Meridian Road Suite 140, Meridian, ID 83642 c. Additional Oral testimony to the application was presented to the Council by: Michael Traficante, P.O. Box 83, Star, Idaho 83669 d. Oral testimony in opposition to the application was presented to the Council by: Forrest Irvin, 10278 W. Purple Ash Drive, Star, Idaho 83669 Jeff Sloan, 10082 W. Arrowleaf Court, Star, Idaho 83669 James Wilson, 439 N. Glen Aspen Way, Star, Idaho 83669 Steven Bates, 266 N. Hullen Place, Star, Idaho 83669 Doug Kramer, 10343 W. Adirondack, Star, Idaho 83669 Gary Smith, 258 S. Langer Lake Lane, Star, Idaho 83669 ---PAGE BREAK--- NORTHWEST DEVELOPMENT COMPANY- STATE ST/SENECA SPRINGS FFCL AZ-20-02/DA-20-01/CU-20-02 19 Scott Kunow, 10624 W. Broadford, Star, Idaho 83669 Rick Chromey, 299 N. Hullen Place, Star, Idaho 83669 John Turnipseed, 11725 W. Caribee Inlet Drive, Star, Idaho 83669 Will Howard, 10369 W. Capella Drive, Star, Idaho 83669 Steven Park, 10037 W. Andromeda Drive, Star, Idaho 83669 Perry Cross, 10059 W. Andromeda Drive, Star, Idaho 8369 Matt Vaspir, 457 N. Mira Street, Star, Idaho 83669 e. Written testimony in favor of or opposing the application was presented to the City Council by: None received Deliberations and Conclusions of Law: The Council reviewed the particular facts and circumstances of this proposed annexation and rezone, development agreement, and conditional use permit application in accordance with the City of Star Title 8 (Unified Development Code), deliberated on the matter, resulting in discussions on the request. Discussion included Comprehensive Plan compliance, traffic, access, and compatibility concerns. Council Decision: The Council voted 4-0 to deny the Annexation & Rezone from Rural Urban Transitional (RUT) to Central Business District (CBD), a Development Agreement, and the Conditional Use Permit on January 21, 2020. Dated this day of 2020. Star, Idaho By: ATTEST: Trevor A. Chadwick, Mayor Cathy Ward, City Clerk ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FILE NO. RZ-20-02 The above-entitled Rezone land use application came before the Star City Council for their action on February 4, 2020, 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: Jeremy Telford of Arete Investments Group, LLC, 2048 W. Astonte Street Meridian, ID 83646, the owner/applicant, requested approval of a Rezone from Limited Office (L-O) to Central Business District (CBD). The property is located at 10474 & 10580 W. State Street in Star and consists of a total of 1.94 acres, generally located on the northwest corner of N. Taurus Way and W. State Street in Star, Idaho. Ada County Parcels - S0408347025 S0408347053 (.80) and S0408347028 S0408347077 The applicant intends to build two buildings that will include uses on the property allowed within the CBD zone. B. Application Submittal: A neighborhood meeting was held on December 16, 2019 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 December 17, 2019. 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 December 27, 2019. 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 December 23, 2019. Notice was sent to agencies having jurisdiction in the City of Star on December 23, 2019. The property was posted in accordance with the Star Unified Development Code on January 16, 2020. D. History of Previous Actions/Site Characteristics: The property and structures have been vacant and in disrepair for many years. An existing dwelling was removed at the corner of Taurus and State sometime in the mid- 2000’s. ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 2 The property previously contained the boarded-up motel. The property has recently been cleared of the structure and has been cleaned up. Access to the site is on W. State Street. There is an existing common lot owned by the Shooting Star Estates HOA that currently prevents any access to N. Taurus Way. E. Comprehensive Plan Land Use Map and Zoning Map Designations: Zoning Designation Comp Plan Designation Land Use Existing Limited Office (L-O) Central Business District Vacant – Former Motel Site Proposed Central Business District (CBD) Central Business District Commercial, Office, Retail North of site Residential (R-4) Central Business District Residential Subdivision South of site Commercial (C-1-DA) Residential (R-4) Central Business District Vacant Residential Subdivision East of site Commercial (C-2) Central Business District Commercial – Point S Tire Center West of site Limited Office (L-O) Central Business District Commercial, Retail F. Site Data: Total Acreage of Site – 1.94 acres G. Development: The Applicant is seeking approval of a Rezone from Limited Office (L-O) to Central Business District (CBD). The property is located at 10474 & 10580 W. State Street in Star and consists of a total of 1.94 acres. REZONE & POTENTIAL LAND USES: This rezone is part of the applicant’s rehabilitation of this property along W. State Street that has been an eyesore for many years. The rezone from L-O to CBD will allow for the property zoning to be consistent with the recently adopted Comprehensive Plan and provide the applicant with the ability to market the property for commercial uses intended to be located within the Central Business District. At this time, the applicant states that an end user is not currently decided. The rezone will allow the property as much flexibility as possible for the applicant to attract those businesses. A concept plan has been submitted that shows how the property may develop with two restaurant uses. The applicant has stated to staff that he is working with the Shooting Star HOA to provide access to N. Taurus Way. It is not known at this time the status of that access. ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 3 ADDITIONAL ITEMS FOR CONSIDERATION: Site Development Plan: Streetlights - Locations for decorative streetlights along State Street are not reflected on the conceptual site plan and will be required by the City as part of any development on the property. All future lighting, including streetlights and parking lot lighting will need to be reviewed by staff and will be required to meet all Dark sky lighting standards that may apply. Sidewalks - With the surrounding properties along State Street currently developing and the ability to provide safe pedestrian circulation to existing sidewalks through the Central Business District, staff will require sidewalks be completed as part of any future development. Fire -The Star Fire District has not provided a review of this rezone request. Any new use will be required to meet all requirements of the District regarding access and safety. Land Uses – Specific land uses have not been proposed by the applicant as part of this application request. Future uses will need to be evaluated by staff , using the most current zoning ordinance, to determine if additional Council approval is necessary. This would be the case for any requested conditional uses in the CBD zone. Transportation: 1. The applicant has met with ITD regarding access onto State Street. As of the date of this report, Staff has not received a response to the application request from ITD. 2. Cross-access to adjacent properties to the west are not indicated on the conceptual site plan submitted by the applicant. The Council should consider whether access to the west is necessary. ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 4 H. On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – No known areas.  Mature Trees – No. All existing trees were damaged, in poor condition and were removed from the site recently  Riparian Vegetation – No known areas.  Steep Slopes – None.  Stream/Creek – None.  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.  Wildlife Habitat – No wildlife habitat has been developed or will be destroyed.  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 January 13, 2020 ACHD January 28, 2020 ITD January 28, 2020 J. Letters from the Public: None K. Comprehensive Plan and Unified Development Code Provisions: Comprehensive Plan: 8.2.3 Land Use Map Designations: Central Business District The Central Business District is planned to be a vibrant downtown center for the community. Uses encouraged are commercial, retail, civic, private offices, and entertainment. High density housing is encouraged on the upper floors of mixed-use buildings and at the fringes of the land use designation. Developments in this district are to place an emphasis on pedestrian and bicycle access and compatibility. 8.4 Objectives: ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 5 • 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. 8.5.5 Policies Related Mostly to the Central Business District Planning Areas: A. The CBD zoning district should allow for a mix of commercial, office, institutional, and civic type uses with specific provisions for residential use in appropriate locations with compatible densities. B. High density residential is suitable within the CBD in mixed use buildings with commercial or office type uses on the first floor and high density residential on upper floors. 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. • 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. Unified Development Code: Section 8-3C-1 TABLE 8-3C-1(a) PURPOSE AND USE IN COMMERCIAL DISTRICTS District Allowed Uses Central business district (CBD) Small scale retail, public, quasi-public and adaptive reuse of residential structures ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 6 TABLE 8-3C-2(a) SCHEDULE OF USES IN THE COMMERCIAL DISTRICTS (CURRENT ZONING ORDINANCE) Use CBD C-1 C-2 L-O Accessory structure C4 C C C Adult business/adult entertainment1 N N N N Agriculture, forestry, fishing N N N N Airport N N N N Alley P P P P Animal care facility1 C P P P Artist studio1 P P P P Arts, entertainment, recreation facility1 C C C C Asphalt plant1 N N N N Auction facility N N P N Automated teller machine1,2 P P P P Automotive hobby1 N N N N Automotive mechanical/electrical repair and maintenance C P P N Bakery P P P N Bar/tavern/lounge/drinking establishment1 P P P C Barbershop/styling salon P P P P Bed and breakfast P P P N Beverage bottling plant N N N N Boarding house N N N N Brewery N N N N ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 7 Brewpub C C P C Building material, garden equipment and supplies1 N C P C Campground/RV park1 C C C N Cement or clay products manufacturing N N N N Cemetery1 N N N N Chemical manufacturing plant N N N N Church or place of religious worship1 N P P P Civic, social or fraternal organizations1 P P P P Concrete batch plant N N N N Condominium C C C N Conference/convention center P P P P Contractor's yard1 N N N N Convenience store P P P P Dairy farm N N N N Daycare center1 (more than 12) P C C P Daycare, family1 (6 or fewer) P P P P Daycare, group1 (7 - 12) P P P P Drive-through establishment/drive-up service window1 P P P C Drugstore P P P P Dwelling: Multi-family1 C N N N Secondary1 N N N N Single-family attached C N N N Single-family detached1 N N N N ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 8 Townhouse N N N N Two-family duplex N N N N Educational institution, private1 C C C C Educational institution, public1 C C C C Equipment rental, sales, and services1 C C P N Fabrication shop N N P N Farm N N N N Farmers' or Saturday market P P P N Feedlot N N N N Financial institution1 P P P P Fireworks stand3 C C C C Flammable substance storage N N N N Food products processing1 N C C N Food stand3 P C P C Gasoline station1,2 P P P P Gasoline station with convenience store1,2 P P P P Golf course1 N N N N Government office P P P P Greenhouse N N N N Greenhouse, commercial1 P P P N Guesthouse/granny flat1 N N N N Healthcare and social services P P P P Heliport N N N N Home occupation1 P N N N ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 9 Hospital1 C C P P Hotel/motel1 P P P P Ice manufacturing plant N N N N Industry, information1 P C P P Institution C C P N Junkyard1 N N N N Kennel N N C N Laboratory C C C C Laboratory, medical C N C C Lagoon N N N N Laundromat1,2 P P P P Laundry and dry clean P P P P Library P P P N Manufactured home1 N N N N Manufactured home park1 N N N N Manufacturing plant N N P N Meatpacking plant N N N N Medical clinic P P P P Mining (except accessory pit1) N N N N Mortuary N P P N Museum P P P P Nursery, garden center and farm supply1 C P P P Nursing or residential care facility1 N P C N Office security facility P P P P ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 10 Parking lot/parking garage2 P P P P Parks, public and private2 P P P P Pawnshop P P P P Personal and professional services P P P P Photographic studio P P P P Portable classroom/modular building C C C C Power plant N N N N Processing plant N N N N Professional offices P P P P Public infrastructure C C C C Public or quasi-public use P P P P Public utility, major1 N N C N Public utility, minor1 P P P P Public utility yard1 N N C N Recreational vehicle dump station1 P P P N Recycling center1 N C C C Research activities C P P P Restaurant P P P P Retail store/retail services P P P P Retirement home C N N N Salvage yard N N N N Sand and gravel yard N N N N Service building P P P N Shooting range2 N N N N ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 11 Shopping center P P P P Solid waste transfer station N N N N Stable N N N N Storage facility, outdoor1 C C C C Storage facility, self-service1,2 N N C C Swimming pool, commercial/public P P P P Swimming pool, private N N N N Television station C P P P Temporary living quarters1 N N N N Temporary use3 P P P C Terminal, freight or truck1 N N C N Tower N C C C Truck stop N N C N Turf farm N N N N Vehicle emission testing3 P P P C Vehicle impound yard1 N N N N Vehicle repair, major1 N C C C Vehicle repair, minor1 C C P N Vehicle sales or rental1 C C C N Vehicle washing facility1,2 C C C N Vehicle wrecking yard1 N N N N Veterinarian office P P P P Vineyard N N N N Warehouse and storage1 N N P P ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 12 Wholesale sales N P P P Winery1 N N C N Wireless communication facility1 C C C N Yard sale P N N N Notes: 1. Indicates uses that are subject to chapter 5, "Specific Use Standards", of this title. 2. Indicates uses that are subject to section 8-4A-23, "Self-Service Uses", of this title. 3. Indicates uses that are subject to chapter 4, article D, "Temporary Use Requirements", of this title. 4. See subsection 8-4A-3J of this title. (Ord. 215, 11-2-2011; amd. Ord. 223, 2-21-2012; Ord. 236, 7-15-2014; Ord. 252, 11-2-2015; Ord. 255, 4-19-2016) Current Development Standards for Central District (CBD): Dimensional Standards C-1 C-2 L-O CBD Front setback 0' 0' 20' 0' Rear setback 20' 20' 20' 0' Interior side setback 0' 0' 0' 0' Street side setback 20' 20' 20' 0' Maximum building height 35' Parking requirements See chapter 4, article C, "Off Street Parking And Loading Requirements", of this title Landscape requirements See chapter 4, article B, "Landscaping Requirements", of this title Required Findings for Annexation and Rezoning (UDC §8-1B-1E): 1. The map amendment complies with the applicable provisions of the Comprehensive Plan. ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 13 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 the Central Business District is to encourage a vibrant downtown center for the community. Uses encouraged are commercial, retail, civic, private offices, and entertainment. High density housing is encouraged on the upper floors of mixed-use buildings and at the fringes of the land use designation. Developments in this district are to place an emphasis on pedestrian and bicycle access and compatibility. 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 purpose statement for Central Business District provides for allowed uses to include small scale retail, public, quasi-public and adaptive reuse of residential structures. 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 this 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. 5. The annexation is in the best interest of the city. The Council finds this rezone is reasonably necessary for the orderly development of the City. ---PAGE BREAK--- REZONE 10580 & 10474 W. STATE ST – JEREMY TELFORD FFCL RZ-20-02 14 Public Hearing of the Council: a. A public hearing on the application was held before the City Council on February 4, 2020, at which time testimony was heard and the public hearing was closed. The City Council made their decision at that time. b. Oral testimony in favor of the application was presented to the City Council by: Jeremy Telford of Arete Investments Group, LLC, 2048 W. Astonte Street Meridian, ID 83646 c. Oral testimony to the application was further presented to the Council by: John Turnipseed, 11725 W. Caribee Inlet Drive, Star, Idaho 83669 Donna Perrone, 10489 W. First Court, Star, Idaho 83669 d. Written testimony in favor/opposing the application was presented to the City Council by: None Deliberations and Conclusions of Law: The Council reviewed the particular facts and circumstances of this proposed rezone application in accordance with the City of Star Title 8 (Unified Development Code), deliberated on the matter, resulting in discussions on the rezoning of the property, uses that could be allowed and whether or not to require a development agreement for the rezone. It was decided not to require the development agreement. 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. The Owner requested the rezone from Limited Office (L-O) to Central Business District (CBD) which fits within the neighboring properties. Council Decision: The Council voted unanimously to approve the Rezone to Central Business District (CBD), for Jeremy Telford on January 21, 2020. Dated this day of 2020. Star, Idaho By: ATTEST: Trevor A. Chadwick, Mayor Cathy Ward, City Clerk ---PAGE BREAK--- AMENDMENT TO WASTE COLLECTION SERVICES CONTRACT BETWEEN THE CITY OF STAR,IDAHO, AND ALLIED WASTE SERVICES OF NORTH AMERICA,LLC 'fhis Amendment to the City-Contractor Agreement between the City of Star, idaho and Allied Waste Services of North America, LLC dba Republic Services of Idaho (this "Amenclment") is made and entered into effective February _,2020 (the "Amendment Effective Date") by and between the City of Star, Idaho ("City"), and Allied Waste Services of Norlh America, LLC dba Republic Services of Idaho ("Contractor"). RECITALS City and BFI Waste Systems, Inc. ("BFi") entered into that cedain Waste Collection Services Contract as of September 14, 7999, the term of which r:ommenced on November I,1999 ("The Contract"). ll. Contractor is the successor in interest of BFI and has assumed all rights and obligatir:ns of the BFI under the Contract. Pursuant to Section 1.4 of the Contract, the City renewed the Contract for an additional seven year extending the term of the Contract to June 30,2020. Contractor and City now desire to extend the term of the Contract and to modify certain terms of the Contract, as more fully set forth below. AGREEMENT l{ow therefbre, for good and valuable consideration the receipt and sufficiency of which the parties acknowledge, including but not limited to the mutual and dependent promises contained herein, the parties agree as follows: 1. Term. Pursuant to Section 1.4, City exercises its renewal authorit'y and agrees to extend the term of the contract liom June 30,2020 to May 31,2027. Disposal Site. Section 2.5(D). Contractor and City agree to delete rthe reference to the Ada County Landfill by deleting the following, "the Ada County Landfill or". 3. Scope of Services. Section 2.2(A). Contractor and City agree to add the following provision concerning collection of compost: 7. Compost/Compostable Materials: Upon customer request and enrollment in the Contractor's subscription service, the Contractor will collect Compostable Materials and organic materials which can be re-used, processed, or undergo biological activity to create a soil amendment. Compostable Materials may ---PAGE BREAK--- include, but are not limited to, grass clippings, garden wastes, tree trimmings, yard wastes, wood wastes, vegetable matter, kitchen scraps, tea and coffbe remains, and compostable paper products. The services will include: Leaf collection: Leaves will be collected curbside from all households, separate from trash during the fall, for four full weeks in November. Leaves shall be contained in compost carts or large Kraft paper ba.gs. Leaves will be delivered to a State-approved site for composting. .Ardditionally, an industrial container will be located within the city for a six-week period each fall for the recycling of leaves. Christmas Tree collection: Christmas Tree collection will occur annually from households the first full week of January. Trees must Lre separate from trash and stripped of all ornaments, lights, etc. Trees shall be delivered to a State-approved site for composting or management. Compost Collection: Unlimited, weekly, year-round collection of properly prepared and set out, compostable materials in specially marked carts for compostable materials or paper leaf bags. Extra paper leaf bags containing leaves or yard debris will be collected year-round when set out with the specified cart. Scope of Services. Section 2.2(B). Contractor and City agree to add the following provisic,n concerning collection of compost: 6. Compost/Compostable Materials: Upon customer request and enrollment in the Contractor's subscription service, Contractor shall collect the same compostable materials from commercial and business customers as collected for individual households as described in Section 2.2(A)(7) above. Capitalized Terms. The parties agree that capitalized terms not otherwise defined in this Amendment shall have the meaning set forth in the Contract. t5. Continuing Effect. Except as specifically amended by this Amendment, all other terms arrd conditions of the Contract shall remain in full force and effect. In the event of a conflict in meaning between the Contract and this Amendment, this Amendment shall prevail. l. Counterpafts. This First Amendment may be executed in one or more counterpafts, each of which shall be deemed an original and all of which combined shall constil.ute one and the same instrument. Facsimile and/or electronic copies of the parties'signatures shall be valid and treated the same as original signatures. Signature page to follow 2 ---PAGE BREAK--- ItN WITNESS WHEREOF, the parties have entered into this Amendmenl. to be effective as of the Amendment Effective Date. Allied \Vaste Services of Norlh America, LLC Republic Services of Idaho City of Star, Idaho By:. By: Name: Title: Name: Date: Title: Date: ---PAGE BREAK--- MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this _ day of _,2020, by and between CANYON COUNTY, the CITY OF NAMPA, the CITY OF CALDWELL, the CANYON HIGHWAY DISTRICT the GOLDEN GATE HIGHWAY DISTRICT the CITY OF GREENLEAF, the CITY OF MELBA, the CITY OF MIDDLETON, the NAMPA HIGHWAY DISTRICT the CITY OF NOTUS, the NOTUS PARMA HIGHWAY DISTRICT the CITY OF PARMA, the CITY-OF STAR, and the CITY OF WILDER (the "Jurisdictions"). RECITALS WHEREAS, the Jurisdictions propose an increase to vehicle registration fees according to Idaho Code $ 40-827; and WHEREAS, said increase will allow the Jurisdictions to accomplish specific currently unfunded maintenance and improvement of their respective streets, roadways and highways; and WHEREAS, the Jurisdictions will propose an increase of twenty-five dollars ($25) per vehicle for the vehicles listed in Idaho Code $ 49-402(l), which includes pickup trucks, neighborhood electric vehicles, and all other motor vehicles having a maximum gross weight not in excess of eight thousand pounds and that comply with the federal motor vehicle safety standards, as defined in Idaho Code $ 49-107; and WHEREAS, if the citizens of Canyon County vote to approve said registration fee increase, the apportionment of funds collected pursuant to said fee increase can be controlled by an agreement entered into by the Jurisdictions per Idaho Code $ 40-827(6); and WHEREAS, this MOU is an agreement between the Jurisdictions as to the distribution of said increased vehicle registration fees (the o'Fees"). NOW THEREFORE, THE FOREGOING RECITALS BEING INCORPORATED INTO THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. Authorization. The Jurisdictions agree to distribute the Fees according to this MOU, this MOU and its purpose being authorizedby Idaho Code g 40-827(6). Administration: Irees will be collected and adrninistcred by Canyon County. 'l'hc County will serni-annually receivc lump sum checks frorn the Idaho 'l'ransportation Dcpartment for alI new Fecs paid. 'fhe County will be rcsponsible for oalculating and distributing said Fees, on a semi-annual basis, in accordance with provisions ol'this agreement. The County shall rctain one porcent of the gross Fees for administrative costs. 'fhe Fccs shall be divided cqually between thc municipalities and thc highway districts within Canyon County, with fifty percent (50%) of thc Irees being distributcd to the rnunicipalities (the "Municipal Fecs") arrd fil'ty percent (50%) of thc l.'ees 3. REGISTRATION FEE MEMORANDU]\{ oF UNDERSTANDING _ PAGE 1 ---PAGE BREAK--- being paid to the highway districts (the "llighway District [ices").'l'he highway districts shall be responsible fbr oorning to a separate agreement as to how their porlion of the Fees shall be distributcd by and between said highway districts. 'l'hc rnunicipalities shall distribute the ir filty pcrcent (50%) of the fees based upon the following calculation, which calculation utilizes data from the annual Idaho Transportation Department Ilighway Distribution Aooounl (the "l IDA") distributiorrs. Thc total amount ol'thc distributions from the IIDA to eaoh of the rnunicipalities in Canyon County shall be added together (the "'l-otal Distribution"). Ilach municipality shall then dividr: its IIDA distribution arnount by the'l'otal Distribution, which calculation shall resr-rlt in that specific municipality's I{egistration Iree Percentage. Each rnunicipality shall multiply their Registration Ircc Percentage by the Municipal Irecs, which calculation shall result in the portion olthe Municipal Irecs which shall be distributed to thcm. If any rnunicipality would reoeive less than forty thousand dollars ($40,000) under thc I'oregoing calculation, they shall be entitlcd to a minimum distribution ol'for1y thousand dollars ($40,000). They shall then be removed frorn the calculatiorr contained within subsection above, and said calculation shalI be re-run for the rernaining municipalities. Education.'l'he Jurisdictions shall partner, to the extent allowed by the Laws and Constitution of the State of Idaho, in a public outreaoh campaign to educate Canyon County voters on the vehicle registration I'ee proposal. l'hc.lurisdictiorrs shall cngage thc assistance of a consultant to assist in said education. l-he City ol'Nan-rpa shall adrninister said education campaign, and the City of Nampa shall adminisler the relationship with the consultant. Modification. l'his MOtJ may be rnodified at any time by writtcn of all parties hereto. Limitation on Other than the funds raised by thc vchicle registration fee increasc contemplated by this MO[J, this MOIJ shall not affect the distribution of any other funds or vehicle registration fees. Term.'l'his MOU shall lTave a term equal to the duration ol'thc existence olthe Fecs, rnodified only by written consent ol'all partics to this MOLJ. 8. Counterparts. 'Ihis MOU may bc executed in any number o[ counterparts and by the parties hereto in separatc counterparts, each of which when so cxecuted shall be deemed to be an originaland all ol'which taken togethcr shall constitute one and thc same MOLJ. IN WITNESS WHEIfEOF, the parties hereto have executed this Memorandum by al'fixing their signatures to it below: (Si gn a ture s on .fo llow i n g pa ges) FEE MEMoRANT)rJN{ oF - I)AGri 2 4. 5. 6. 7. ---PAGE BREAK--- Signatures for I{IJGISI'RATION FEE MIIMORANDUM OF LJNDEI{SI-ANDING - Pagc l3 of l4 CITY OF STAR,IDAHO Ilv: Name: Its: Date: REGISTRATION FEE MEMORANDUN,I oF UNDERSTANDING - PAGE 15 ---PAGE BREAK--- Canyon County Registration Fee Increase Proposal City of Nampa Public Works Tom Points, P.E., Public Works Director Jeff Barnes, P.E., Deputy Public Works Director ---PAGE BREAK--- Seeking Support from all13 Canyon County Highway Jurisdictions • 4 Highway Districts – Nampa HD #1 – Notus Parma HD #2 – Golden Gate HD #3 – Canyon HD #4 • 9 Cities w Highway Jurisdictions – Notus – Parma – Wilder – Greenleaf – Middleton – Caldwell – Nampa – Melba – Star ---PAGE BREAK--- Why a Registration Fee Increase? • Meets Critical Funding Needs—Dollars can be used for maintenance and Safe Routes to Schools program • Attainable—Public is requesting transportation improvements • Equitable—Users of the roads pay for the increase • A Way for Growth to Help Pay for Growth—As growth occurs, dollars will increase ---PAGE BREAK--- What Have We Heard • Focus on maintenance, safety, and Safe Routes to Schools • Present clear, unified message with specific recognizable projects • Start early • Concerns over tax increases and levy rates • Alternative to property tax increases ---PAGE BREAK--- Proposed Memorandum of Understanding (MOU) • 13 highway jurisdictions • $25 increase, Approx. $4.4 M annually to Canyon County • Distribution according to Memorandum of Understanding (MOU) • Minimum $40,000 per year (to Star & other smaller cities) • November 2020 election ---PAGE BREAK--- Annual Funding Distribution Estimate ---PAGE BREAK--- Next Steps • Gather final comments from Cities and Highway Districts • Final MOU to Canyon County Councils and Highway District Commissions for authorization • Signed MOU to Canyon County Commissioners for authorization and approval to place on the November 2020 ballot • Identify key local projects and begin public education process ---PAGE BREAK--- Questions? ---PAGE BREAK--- INTERGOVERNMENTAL AGREEMENT BETWEEN THE IDAHO TRANSPORTATION DEPARTMENT AND THE CITY OF STAR Ihis is rnadc and into this dav ol. by and thc IDAHO 'I'ITANSPoR'IiTION h.ra;Ir".-1h; Departnrent", and the CITY OF S'l'AIt, hcreal'ter "thc Cily." Togcther, thc Dcpartrne,t and thc City rnay bc to as "Partics." I{IICIT'AT,S WHI,I{IIAS, the Departmeut has jurisdiction and control over Statc I Iighway 44, State I,Iighway l6, U.S Liighway 20126, and the ovcrall Statc Ilighway WIIEI{EA S, Statc Ilighway 44, Statc Ilighway 16, ll.S. ilighway 2Ol2(t, and orl.rcr local ol thc Statc Ilighway arc "Public I'acilittcs" as dcfincd in Idaho Codc $ 67-82c3(2a)@); WIILII{I1AS, State Ilighway 44 passcs through the City and thc City and its with thc surroundir.rg alca and thc grcater Statc Ilighway WI IEI{IIAS, Statc I Iighway I 6 runs along thc cdge o{'tho City and thc City an<1 its with thc surrounding area and thc greatcr Statc Ilighway WIIEI{IrAS, U.S. Ilighway 20126 (also known as Chindcn Iloulcvard) runs south of thc City, along the southern edgc of thc City's dcsignatcd arca ol'impact, ancl the City and its residents with the surrounding arca and thc grcatcr State Ilighway Systern, WIIEI{lln S, the City is a cntity" as defined in Idaho Code S 67-BZO3(14). thc City has authority Idaho Codc, Titlc 67, Chaptcr 82 to I'ccs so ns to plan ancl finaucc public {'acilitics to ncw growth and (scc Idaho Co<1c 5 67-821i)2). WIIEI{I1AS, thc City as a cntity" is authorizcd by Idaho Codc $ 67 -BZO4A rr> into an with thc for thc ol' ent irrpact I'ces. thc City and tl-rc dcsirc to providc I'or thc maintcnancc ancl inrprovemcnt ol'State I lighway 44, andlor Statc IIighw ay 16, and/or U.S. Flighw ay 20126, and/or othcr local ol'thc Statc Llighway Systen"r; I rt tc rgo ve r n nt c rt ta I A gre e. nr eri City o/ Star ---PAGE BREAK--- NOW I'HI1I{EIrORIi, in considcration of thc ten.ns, conditions and pron'rises as sct lorth hercin, the Parties mutually agree as l'ollows: SEC'I'ION I That thc City will: l. Notily ITD's Scrvices coordinator ot'all new development applications that recluire approval by thc City. and fees spccifically l'or this on a case-by-i:aso basis in accordanoe with ITD's spcoil'ic Tral'fic In'rpact Study Acceptance The rnechanism fur said collection will be via scparatc requircd and into by thc City with individual privatc Maintain and rccorcls as to Contributions assessed ancl Provide a report rcf'leoting present status ol' Development Contributi ons (l'ccs assesscd, and distributcd). Maintain, in a scparate, bcaring acc;ount all (lontributions spccified in this Agreemcnt. Distribute said Dcveloprnent Contributions to thc whcn rccluestcd lbr use with a spccilio Idaho Transportation I']lan (ITIP) projcct within thc City o1'Star area of city in-rpact or Cit-y Star cir.}, litnits. That the Dcpartmont will: Rcclucst additional inl'ormation, as needed, for City application to mal