Document Star_doc_9e3a131bb5

STAR CITY COUNCIL REGULAR MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, July 20, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. 1. CALL TO ORDER – Welcome/Pledge of Allegiance 2. INVOCATION – Joe Carson –Interfaith Group 3. ROLL CALL 4. PRESENTATION: A. COMPASS Fiscal Impact Tool 5. CONSENT AGENDA (ACTION ITEM) *All matters listed within the Consent Agenda have been distributed to each member of the Star City Council for reading and study, they are considered to be routine and will be enacted by one motion of the Consent Agenda or placed on the Regular Agenda by request. A. Approval of Claims Provided & Previously Approved: July 1 – July 15, 2021 B. Minutes as available C. Findings of Fact: D. Final Plats: i. Iron Mountain Estates Subdivision (FP-21-15) 6. PUBLIC HEARINGS & ACTION ITEMS A. PUBLIC HEARING – Stargazer Subdivision Annexation and Zoning, Development Agreement and Preliminary Plat (AZ-21-04/DA-21-06/PP-21-01) – Tabled from June 15, 2021 i. Action of Stargazer Subdivision – Tabled to August 17, 2021 B. PUBLIC HEARING – Landyn Village Subdivision Annexation, Development Agreement, Preliminary Plat, Planned Unit Development and Private Street (AZ-20-04/DA-21-14/PP-20-04/PUD-20-03/PR-21- 07) – Tabled from June 15, 2021 i. Action of Landyn Village Subdivision – Tabled to a Date Specific by Council C. PUBLIC HEARING – East Star River Ranch Subdivision Rezone, Development Agreement, Preliminary Plat, Conditional Use Permit and Private Street (RZ-20-12/DA-20-28/PP-21-03/CU-21-01/PR-21-02) – Tabled from June 15, 2021 i. Action of East Star River Ranch Subdivision – Tabled to a Date Specific by Council D. PUBLIC HEARING – Rivermoor Subdivision Annexation and Zoning, Development Agreement, Preliminary Plat, Private Street (AZ-21-06/DA-21-08/PP-21-09/PR-21-08) – Tabled from June 15, 2021 i. Action of Rivermoor Subdivision E. Action Appointment of Steve Green to the ACHD Pedestrian Advisory Group F. Action Development Agreement Modification for Rivercreek Subdivision G. Action Reconsideration of Cranefield Subdivision H. Action – Development Agreement for Wildrye Subdivision I. Action – Ordinance 338 Loran Estates Subdivision Annexation and Development Agreement J. Action – Ordinance 339 Amending the salary of the Mayor – Tabled to August 3, 2021. Amended July 20, 2021 7. DISCUSSION ITEMS: 8. REPORTS A. Elected Official Reports B. Staff Reports C. Committee Reports 9. ADJOURNMENT PUBLIC NOTICE: THIS MEETING IS RECORDED AND PLACED IN AN ONLINE FORMAT. PERSONS MAY EITHER VIEW OR LISTEN TO VIDEO / AUDIO OF THIS MEETING UNTIL SUCH TIME THE RECORDING IS DESTROYED UNDER THE CITY’S RECORD RETENTION POLICY. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, July 20, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. FUTURE MEETING TOPICS A. Canyon Highway District #4 Impact Ordinance / Agreement / Fees – August 3, 2021 B. Fiscal Year 2021/2022 Budget Hearing – August 3, 2021 C. Comprehensive Plan Proposal (South of the River Plan) Public Hearing & Action – PENDING D. Inspirado Subdivision Annexation, DA, Preliminary Plat, Planned Unit Development E. Starpointe Subdivision Annexation, DA, Preliminary Plat F. Oaklawn Crossing Subdivision Annexation, DA, Preliminary Plat G. Moon Valley Townhomes Rezone, DA, Preliminary Plat H. Fountain Park Subdivision Annexation, DA, Preliminary Plat I. Milestone Ranch Subdivision J. Rooster Hollow Subdivision K. Langtree Bungalows Subdivision L. Stardust Ranch Subdivision M. Piedmont Place Annexation & Rezone N. Willowbrook Annexation & Rezone O. Venue Use Ordinance (Parks, River House & Other City Owned Public Spaces) P. Consolidated Fee Schedule – Public Hearing for new or amending fees Q. Personnel Policy Manual R. Ethics Manual S. Social Media Policy T. Surplus Property U. Audit Presentation The meeting can be viewed via a link posted to the City of Star website at staridaho.org. Information on how to participate in a public hearing remotely will be posted to staridaho.org under the meeting information. The public is always welcomed to submit comments in writing. Public Hearing Process Public signs up to speak at the public hearing Mayor Opens the Public Hearing Mayor asks council if there is any Ex Parte Contact Applicant has up to 20 minutes to present their project Council can ask the applicant questions and staff questions Public Testimony (3 minutes per person) 1. Those for the project speak 2. Those against the project speak 3. Those who are neither for or against but wish to speak to the project 4. Council may ask the individual speaking follow-up questions that does not count towards their 3 minutes Applicant rebuttal (10 minutes) Council can ask the applicant and staff questions Mayor closes the public hearing Council deliberates Motion is made to approve, approve with conditions, deny or table the application to a date certain in the future Thank you for coming to the Star City Council meeting, public involvement is fantastic and helps in shaping our city for the future. As this is a public hearing, there will be no cheering, clapping, jeering or speaking out during the hearing. Only the person at the podium has the floor to speak during their allotted time. If someone does speak out, cheer, claps, etc. they will be asked to leave the hearing and or escorted out of the hearing. We want to keep these hearings civil so everyone can be heard. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, July 20, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. Thank you for your participation. Mayor Trevor Chadwick ---PAGE BREAK--- 8:12 AM 07/16/21 City of Star Transaction List by Vendor July 1 - 15, 2021 Type Date Name Memo Amount Bill 07/15/2021 A1 Stamp Name badges -22.00 Bill 07/15/2021 Ada City-County Emergency Mgmt. Q4 Membership Fees -977.75 Bill Pmt -Check 07/06/2021 Ada County Highway District Impact Fees 4/25/21-5/24/21 -120,155.00 Bill 07/09/2021 Ada County Prosecutors Office Prosecuting Attorney Services -2,500.00 Bill 07/09/2021 Ada County Sheriff's Office Law Enforcement Services -97,450.00 Bill 07/15/2021 Advanced Heating and Cooling Air Conditioning Unit Repair -715.37 Bill 07/15/2021 Alyson Likes Yoga Instructor -30.00 Bill 07/07/2021 Anthony Mendoza Auction Svcs Hometown Celebration 550.00 Bill 07/15/2021 Association of Idaho Cities Membership Fees -4,593.60 Bill 07/06/2021 Blue Cross of Idaho Health Insurance July 13,556.35 Bill 07/15/2021 Bryant Prints LLC MYC Shirt Printing -241.00 Bill 07/15/2021 BSN Sports Pitching Machine and baseballs -2,585.27 Bill 07/06/2021 BuyWyz Office Supplies -24.22 Bill 07/15/2021 Community Planning Association Q4 Membership Dues -1,307.25 Bill 07/08/2021 CP Audio Sound/Lighting Hometown Celebration -3,815.00 Bill 07/07/2021 GameFace Athletics Mayors Youth Council Shirts -180.75 Bill 07/15/2021 GameFace Athletics Bigfoot Shirts -611.50 Bill 07/15/2021 Gerri McCorkle Beautification Committee -831.38 Bill 07/15/2021 Idaho Correctional Industries Inspection Tags and Stickers -2,870.00 Bill 07/15/2021 Intermountain Gas Company Gas -29.37 Bill 07/07/2021 John Cazan Public Concert Riverhouse 250.00 Bill 07/15/2021 Keller Associates Engineering Services -16,052.50 Bill 07/15/2021 Kourtney Walker Refund - Baseball -95.00 Bill 07/15/2021 Larry Bearg Tai Chi Instructor -122.50 Bill 07/15/2021 LifeSpring Church Archery Camp Location/Equip -700.00 Liability Check 07/07/2021 Mass Mutual 753152 -869.52 Bill 07/15/2021 McClatchy Company LLC Legal Ads -83.64 Bill 07/09/2021 Mountain Alarm Security Alarm -70.00 Bill 07/15/2021 MSBT Law Attorney Services -1,287.00 Bill 07/15/2021 Niki Dean Yoga Instructor -252.00 Bill 07/15/2021 Northwest Traffic Services Traffic Control Hometown Celebration -602.00 Bill 07/12/2021 Phone Works Replaced Cable Jack -90.76 Bill 07/07/2021 PortaPros Portable Restrooms -1,818.00 Bill 07/09/2021 PortaPros Portable Restrooms -392.80 Bill 07/15/2021 Protect Youth Sports Background checks for coaches -175.60 Bill 07/09/2021 Rachel Miller Drama and Camping Supplies -310.42 Bill 07/15/2021 Republic Services Waste Management -662.45 Bill 07/07/2021 Ron Weston Misc Supplies -351.50 Bill 07/15/2021 Shilo Plumbing and Mechanical Refund Plumbing Permit -195.00 Bill 07/15/2021 Shilo Plumbing and Mechanical Refund Plumbing Permit -195.00 Bill 07/15/2021 Smith Built Homes, LLC BPR2021-419 Partial refund -50.00 Bill 07/08/2021 Tates Rents Hometown Celebration -1,081.69 Bill 07/15/2021 Terminex Pest Control -133.00 Bill 07/15/2021 TK Elevator Corporation Elevator Maintenance -859.30 Bill 07/09/2021 Treasure Valley Coffee Coffee Supplies -115.00 Bill 07/15/2021 Verizon Cellular Phones -510.35 Page 1 of 2 ---PAGE BREAK--- 8:12 AM 07/16/21 City of Star Transaction List by Vendor July 1 - 15, 2021 Type Date Name Memo Amount Bill 07/09/2021 Western Records Destruction Record Destruction Services -60.00 Bill 07/15/2021 Xerox Copy Services -74.41 Bill 07/06/2021 Yorgason Law Offices, PLLC City Attorney Services -80.00 Bill 07/06/2021 Zoom Media Services -40.00 GRAND TOTAL EXPENSES -251,912.55 Page 2 of 2 ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 1 of 8 mh Agenda Item 1) CALL TO ORDER – Mayor Chadwick opened the meeting at 7:00pm. Agenda Item 2) INVOCATION – Dustin Tessneer, with the Interfaith Group led the invocation. Agenda Item 3) ROLL CALL – Present were Mayor Trevor Chadwick, Council President David Hershey; Council Members; Michael Keyes, Jennifer Salmonsen and Kevin Nielsen. Staff present were Executive Assistant Barbara Norgrove, City Planner Shawn Nickel, City Clerk /Treasurer Jacob Qualls and Deputy Clerk Meredith Hudson. City Attorney Chris Yorgason and Public Information Officer Dana Partridge attended via Zoom. Agenda Item 4) PUBLIC INPUT – No public input. Agenda Item 5) COMMITTEE REPORTS: A. Transportation & Pathways Committee – Chair, John Tensen reported the committee is waiting to hear from ACHD regarding the 5-year Integrated Workplan project request and expects the first draft about the middle of July. On the Pathways side, they are working on a Master Plan of existing pathways. They are identifying routes and will compile a map as the first draft Master Plan to bring to the Council for review. They are working with Eagle and Middleton to get an agreement with the ditch companies to allow pathways to be along the ditches. They also reviewed possible grants to submit to Compass. Tensen met with Mayor Chadwick, Council Members Keyes and Salmonsen, Ryan Morgan and Tina Wilson and identified five projects to submit. 1) Pathway design from Floating Feather to Star Middle School, 2) Feasibility study for extending and paving the Star River Walk pathway, 3) Downtown parking study, 4) Sidewalks along State Hwy 44 from Highway 16 to Can Ada Road, 5) Transportation Master Plan that would include roads, pathways, and trails. The grant application is due May 4. Mayor Chadwick mentioned that he has letters from landowners by the school. B. Parks, Art & Beautification Committee – no report C. Activities Committee – Chair, Dana Partridge reported via Zoom, the committee has mainly been discussing the Hometown Celebration. They are also working to update their liability waiver and applications with ICRMP. Upcoming events are: The Garden Tour May 22, the first concert June 11 (cohosted by SWIBA), and first movie night on June 25. Partridge thanked Mayor Chadwick for being able to get $45,000 in donations for the Hometown Celebration. D. Mayor’s Youth Council –Savanah reported, the committee has been working on the Hometown Celebration, talking to businesses about sponsoring raffle prizes and will be out selling raffle tickets and tee shirts. They will be helping with games and fundraising at the celebration and are having their own raffle as an incentive for the committee member students. Council Member Salmonsen asked how businesses could contact them. Savanah stated that they could contact Julie Olsen or a member of the Mayor’s Youth Council. Contact information is on the city’s website. Council Member Nielsen inquired how many were on the council this year. Savanah replied that there are approximately ten members. Mayor Chadwick mentioned the scholarships that are given each year and encouraged more students to apply. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 2 of 8 mh Agenda Item 6) CONSENT AGENDA (ACTION ITEM) • Council Member Keyes moved to approve the consent agenda with one addition to the final plat approval, that the dedication of the park land would happen in Phase 5. Council Member Nielsen seconded the motion. Voice vote indicated all Council Members signifying aye. Motion carried. Agenda Item 7A) PUBLIC HEARING: Loran Estates Subdivision Annexation, Development Agreement, Short Plat and Private Street. • Council Member Nielsen moved to continue the public hearing to May 4, 2021. Council Member Keyes seconded the motion. Voice vote indicated all Council Members signifying aye. Motion carried. Agenda Item 7C) PUBLIC HEARING: Paint Point Subdivision Short Plat and Private Street. Continuation from tabled public hearing on 01/05/21. Mayor Chadwick re-opened the public hearing. All Council Members reported they had no ex parte’ contact. Council Member Nielsen disclosed that he lives within the boundaries of the affected property owners but did not attend any development public meetings. Applicant Richard Williams – 11275 Floating Feather Rd, Star ID 83669 Williams stated that he met with the homeowners during the neighborhood meeting and made some adjustments and reviewed the changes with City Planner Nickel. Williams listed the changes that were made. Council Member Hershey asked about the sprinklers and Williams gave clarification. Council Member Keyes asked why they were asking for a private street rather than a public road and Williams replied that ACHD had denied their request for a public road. Keyes also asked about the open space requirement and there was discussion that the applicant was able to ask for a reduction waiver due to the lower density. Keyes asked if the applicant would consent to adding a condition of approval for an easement for a 10-foot pathway through Middleton Mills Irrigation area. Williams agreed to add that to the conditions of approval. Council Member Nielsen clarified that the ditch was tiled and there was discussion regarding the route plans, including putting pathways along tiled ditches and it being contingent upon Middleton Mill Irrigation approval. Public Testimony: Del Martens – 1586 N Wild Mustang Pl, Star ID 83669 Martens had concerns with the original plan but has no objection to the revised plan and expressed thanks to the Council and Rick Williams. Mayor Chadwick closed the public hearing and went into Council deliberations. Council Member Hershey supported the reduction in open space requirement due to the large size of lots and expressed support of the project. • Hershey moved to approve with the condition of the possibility of the applicant working with Middleton Mill. Council Member Nielsen seconded the motion. Council Member Keyes asked to have the motion amended to include the grant of the variance on the open space. Hershey amended the motion. Nielsen amended his second. Voice vote indicated all Council Members signifying aye. Motion carried. ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 3 of 8 mh Agenda Item 7B) PUBLIC HEARING: River Park Estates Subdivision Annexation, Development Agreement and Preliminary Plat. Mayor Chadwick opened the public hearing. All Council Members reported they had no ex parte’ contact. City Attorney, Chris Yorgason led a discussion regarding annexation, explaining that annexations are at the discretion of the City Council and established by State statute. He outlined the categories of annexation and went through the processes and procedures. Council Member Keyes stated that he had received a letter from the Canyon County Commission stating that they had no record of this annexation request and asked if the city should move forward with this application. Yorgason further explained the procedures and regulations, and it was his understanding that the city had fulfilled its legal responsibilities. Keyes presented the option to table this application and have further discussion with Canyon County, on the principle of neighborliness. Council Member Nielsen suggested that we should exercise the right to move forward with the application. Council Member Salmonsen said she could see both sides but felt it would not hurt to reach out to Canyon County again before proceeding. Mayor Chadwick mentioned that he had previously met with the Mayor of Middleton, and spoke about their discussion regarding annexations. Mayor Chadwick was supportive of moving forward with the hearing tonight since so many citizens were in attendance. He set up a meeting with the County Commissioners. • Council Member Keyes moved to table the hearing until May 4. Council Member Salmonsen seconded the motion. Council Members Nielsen and Hershey both expressed a desire to move ahead with the hearing tonight. A voice vote indicated Keyes and Salmonsen signifying aye, and Nielsen and Hershey signifying nay. Mayor Chadwick voted to hold the hearing and the public hearing went forward. Applicants Travis Hunter and Todd Tucker – 729 S Bridgeway Place, Eagle ID 83616 Tucker, who works for Boise Hunter Homes, noted that he had reached out to the Planning Director at Canyon County in November of 2020 and clarified that Canyon County was aware of the application for annexation. Travis Hunter, whose family owns Boise Hunter homes shared the company background, reviewed some of the projects they were currently working on and described the company’s vision and values. Tucker detailed their application including the zoning, plan, characteristics, features, amenities, pathways and open space. Hunter introduced their Wildlife Enhancement and Recreation Program with funds to be collected from each home sale and HOA dues, which will go toward things such as fish stocking, river bottom enhancements, pathways and greenbelt trails. Hunter detailed the architecture of the project and requested a waiver of the architectural criteria for side setbacks. Council Member Nielsen clarified the purpose of the code. Tucker presented examples of the homes that they build and testified about the road improvements to be included in the project. He stated that he had met with the appropriate agencies and was given approval of compliance with their standards from the agencies. Council Member Keyes asked for further detail regarding the open space, the greenbelt, and public access to the greenbelt. Tucker explained they will be providing a stub street to align with the sportsman access and the streets are public. Council Member Hershey asked for clarification on whether the 5-foot setback waiver included all the lots or specific lots, and it was confirmed that it included all. Council Member Salmonsen asked about the Wildlife fund and asked what would be available to the public versus homeowners. It was clarified that the money would be paid to the City to enhance public property the City owns. Salmonsen also asked about the existing ponds and Tucker gave an explanation of the process of filling in the ponds to be structurally sound. Salmonsen inquired ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 4 of 8 mh about the plans for the existing trees. Tucker said they would try to preserve as many trees as they could. Nielsen asked for clarification on their plan for the setbacks and landscaping and Tucker replied that they take care with their architecture, window placement and landscaping to enhance the community. Keyes asked about the stub road and asked if they had met with the adjacent landowner to make sure it made sense for them. Tucker responded that they had not but felt that the location of the two stub roads would be useful. Mayor Chadwick mentioned a letter from Earl Hafer who was concerned that he would have to access to his home through the neighborhood and it was confirmed that he would be able to maintaining his current access. The Council took a five-minute break at 8:28 p.m. The Public Hearing continued at 8:33 p.m. Mayor Chadwick, Council Members Hershey, Keyes, Salmonsen & Nielsen present Public Testimony: Lance Manning – 2048 N Foudy Ave, Eagle ID 83616 Manning is a contractor who works for Boise Hunter Homes. He gave an endorsement of Hunter Homes and supported this project. Al Dauven – 22020 Blessinger Rd, Star ID 83669 Dauven is not in favor of this project. He spoke about his of who has legal control of Blessinger Road. He described an incident that happened where he didn’t get a response from the Star Police Department and had to call Canyon County Sheriff Department for assistance. His issues with the project included number of homes, road size and volume of people. John MacLeod – 6970 Saddle Ranch Ct, Star ID 83669 MacLeod expressed concern about the intersection, stating that traffic is already bad and if they take the culvert out, there would only be one access route. He asked if there was a consideration of the historical building on the corner of Blessinger and State Street. He was also concerned about the high-water table and if building up that area would change the flood plain and waterway. His last concern was if widening the road would encroach on his property. Mayor Chadwick confirmed the location of the culvert and Council Member Nielsen asked if the historical building was listed on any historic registries. Mary Dauven – 22020 Blessinger Rd, Star ID 83669 Because the subdivision will be going all the way down the side of their road, Dauven is requesting fencing and a berm for separation due to their horses and dogs. She also requested an R-2 rather than R-3. Mayor Chadwick asked what type of fencing she would like. She replied that she would like vinyl fencing for separation and noise barrier. Keyes brought to their attention a collector road that borders their property and they discussed plans for the road and how it would impact her property. Trace Leighton – 21270 Trigger Ranch Ln, Star ID 83669 Leighton talked about a report he had submitted regarding considering people when there is ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 5 of 8 mh construction upstream. He stated that he believes this is an illegal hearing due to the noncompliance of notification to the City of Middleton, Canyon County and the Flood District 10. He is in opposition based on his personal property and as a representative of Leighton Lakes Estate HOA. His opposition is for the density and the traffic that will come with it. He discussed the County Comprehensive Plan and believes that any new development should be held to the county plan and feels that the City of Star has violated rules regarding annexation laws, specifically the notification law. He quoted several state statutes regarding annexations over county lines. Timi Leighton – 21270 Trigger Ranch Ln, Star ID 83669 Leighton continued testimony citing state statutes regarding establishing a city impact areas, annexing across county boundaries and believes that the City of Star is loosely interpreting the laws, leaving Canyon County and Middleton out of the process. Trevor Leighton 22444 Trigger Ranch Ln, Star ID 83669 Leighton continued with citing county codes and feels there should have been discussions with Middleton regarding items such as areas of impact, establishing a density and flood plan issues. A law enforcement authority development plan and a joint planning commission should be established before proceeding. He asked when Star intended to negotiate an agreement with Canyon County and mentioned that it freezes Canyon County residents out when Star makes decisions without input from Canyon County neighbors. He is concerned that Star is becoming the next Meridian in density and does not understand how Star can make legal decisions that affect his property when he doesn’t even live in Star and can’t have a vote, and how Star can continue to make decisions without letting all other government agencies know. Tina Vucinich – 1483 S Blue Jay Place Eagle, ID 83616, Vucinich and her husband Mark have purchased land on Trigger Ranch Lane in Star. They lived in Eagle for 25 years and watched it grow. She expressed support of Hunter Homes but is concerned about the number of homes and the impact of increased traffic and decreased neighborhood quality. They moved to experience an open space feel in the Star community and do not want to lose that. Mark Vucinich – 1483 S Blue Jay Place Eagle, ID 83616, Vucinich agreed with the Leightons and his wife, and while he acknowledges that Hunter Homes builds a great product, he believes that they are taking advantage of the growth in the area by cramming in homes when they could reduce the density and keep an open feel to the area. Gregg Herrera – 22104 Trigger Ranch Ln, Star ID 83669 Herrera is in opposition to the project. The draw for him living in Star was open space and he is concerned with the density and believes that the current traffic is already an issue and is concerned about an increase. He mentioned that he has a letter from another property owner who could not attend the meeting but was also in opposition to the project. Tammy Casteel – 22318 Blessinger Rd, Star ID 83669 Casteel spoke at length for her concern over the nesting owls in the old historical barn at Hwy 44 and ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 6 of 8 mh Blessinger, worrying an increase in traffic may increase their likelihood of becoming extinct. She also makes note this barn was built by Mrs. Blessinger with the intent that Star never extend or widen Blessinger road. In addition to working with the National Historical Registry in regard to the barn, she also had plans for a cat and dog rescue to benefit the community’s feral animals and would prefer 10 to 5 acre lots to preserve the community and small-town feeling. With more density to housing, she is concerned about crime, traffic, and commute times. Chris Casteel – 22318 Blessinger Rd, Star ID 83669 Casteel stated that they moved to Star to get away from the big city. He talked about wanting to preserve the old barn and their plans to have a nonprofit cat and dog rescue organization. He asked if the annexation was for the proposed homes only or for them as well. It was confirmed that it was for the proposed property only. He expressed appreciation for the city getting together and communicating like they do. Bruce Bayne – 1103 W Main St, Middleton ID 83644 Bayne is the Public Works Director of the City of Middleton and raised concerns about the lack of notification from the City of Star for public hearings and completing proper procedures in regard to this project and annexation of lands within the impact area for the City of Middleton. He stated that the City of Middleton objects to any annexation of lands in Canyon County within Middleton’s area of impact for all projects in the past, present and future and calls into question whether all government agencies have been properly notified of public hearings and reiterates proper procedures have not been followed in determining an area of impact for the City of Star per the agreement with Canyon County. Bayne retracted a previous letter and is submitting a new letter to replace it. Council Member Nielsen asked how they could not be aware of Star’s area of impact boundary. Bayne countered with a question regarding our map, agreement with Canyon County and ordinance and challenged that we do not have an agreement as the code requires. Mayor Chadwick clarified that there was Area of Impact and Comp Plan Planning Area with two different codes and stated the city would take the testimony under advisement. Diane Broadhead – 22010 Blessinger Rd, Star ID 83669 Broadhead would like to see the zoning be an R-2 rather than R-3. She mentioned that the road is detrimental to their health and safety, and made the following requests be made on Blessinger Rd; Sidewalks be constructed prior to construction for safety due to increased traffic; a privacy fence along her property; a berm or fencing where privacy is compromised; put safeguards to protect her property from any problem caused by increase in elevation ensuring development would not affect their well or septic leach lines, and assure that their electricity would not be impacted. Broadhead also stated they would not be liable for storm drains or culverts. Ervin Ballou – 433 Rene Pl, Eagle ID 83616 Ballou represented Flood District #10 as Senior Project Advisor and Assistant Manager of the District. Ballou referenced a letter and confirmed they got a notice of the public hearing. He wanted to make some requests on behalf of the flood control district. He mentioned they are charged with protecting and promoting health safety and general welfare within boundaries of flood control district and expressed a couple of concerns. One is having access to the river to be able to do maintenance and when they do have access, sharing it with police ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 7 of 8 mh and fire. He testified they normally put a gate and lock so there is no public access. They are developing a 2D model which will allow the district to predict with accuracy where the water will go at any flow. Ballou mentioned a form for land use changes and site development and asked the developer submit the form to them. Council Member Keyes asked to clarify access needs to the river through the property and Ballou explained the equipment and access needs and their requirements from the agencies. Ballou confirmed they will have conversations with the owner when they get the application. Tim Eck – 6152 W Half Moon Ln, Eagle, ID 83616 Eck is the owner of the Star River Ranch Subdivision. He met with Boise Hunter Homes with concerns over the Wetlands Preservation and they have modified their plat to accommodate protecting the Wetlands. He pointed out the one connection to the subdivision is Big Wood Way and asked that the city look at traffic calming in the location. He understands growth is coming and appreciates the low density and amenities and supports the subdivision. City Planner, Nickel asked about the connection of the green belt to their sportsman’s access. Eck explained they have a flood control District 10 easement across their Southern boundary and an agreement with Fish and Game for hunting and fishing with limited access. Mayor Chadwick asked if Flood District 10 would be able to access their greenbelt from the sportsman access. Eck replied yes, he has an easement with the flood district, described the area leading to the access point and mentioned multiple access points are necessary. Rebuttal: Todd Tucker addressed the issues brought up by public. The 26 ft roads were a condition of approval from Canyon County Highway District. He explained the interim plan for the offset of Blessinger to bring it into compliance, adding the Idaho Transportation Dept will be reconstructing the area. The old barn will not be touched; all the improvements will be to the west of it. Culverts are a condition of approval with Canyon County Highway District. He described a redesign of the collector road shared by the other property owners. The Idaho Dept of Transportation has a plan for the traffic on State Street. Tucker briefly addressed the annexation issues, stating they are in agreement with the City Engineer and City Attorney and are in compliance with both the State Statutes and City of Star codes. As far as the access to the river, they will meet with Flood District 10 to see if they can accommodate them. Council Member Keyes asked to further discuss the flood control access to the river. Tucker replied that he is concerned with the aesthetics of heavy equipment being given access, but will fill out the application and comply with any requirements. Keyes mentioned the number of comments with concerns of the density and asked if they would consider going to an R-2. Tucker responded they would prefer to stay at the density they were proposing and added it is in conformance with the comprehensive plan and with other subdivisions in the vicinity. Keyes and Mayor Chadwick asked about berms and landscaping for privacy and Tucker agreed to do what he could while still making it possible for other properties to be developed in the future. Keyes mentioned the 26 ft road and asked if that was realistically wide enough. Tucker responded that in the long run it would probably not be wide enough but would function for now. Travis Hunter added they would be happy to make it wider. Council Member Salmonsen asked if they would still need to request the side yard setback waiver if the density were reduced and Tucker answered it would still be necessary in order to accommodate their product. Keyes asked them to take the 19 homes out as a condition for approval and Tucker replied that if they could get the setback waiver, they would agree. City Planner Nickel noted that part of application was for waivers for lot and to include that in the conditions. Salmonsen ---PAGE BREAK--- STAR CITY COUNCIL REGULAR MEETING MINUTES City Hall - 10769 W State Street, Star, Idaho Tuesday, April 20, 2021 7:00 PM Page 8 of 8 mh asked if we had an ordinance establishing an area of impact. Mayor Chadwick answered that we have one on Ada County side but not on the Canyon County side. City Planner Nickel added that they have not adopted the Comprehensive Land Use Map on Canyon County side. City Clerk Qualls and City Attorney Chris Yorgasen explained the process for the area of impact agreements with the varying counties and cities. Council Member Nielsen provided further clarification. Salmonsen asked if the codes apply to this application. City Attorney Yorgason stated the requirements are in Idaho State Statues. Before annexation, land must be contiguous and requested to be annexed for this type of agreement. Mayor Chadwick closed the public hearing and moved on to Council deliberations. Council Member Hershey acknowledged that 2.1 is a low density but he would like to see what an R-2 looks like and where the setback waivers would be in an R-2 situation. He suggested tabling and engaging in further discussions with Middleton. Keyes recounted the concessions the applicant had made and felt confident that they could move ahead with approving the application with the conditions. Nielsen offered an apology to Mr. Bayne regarding his question about the area of impact. • Nielsen moved to approve the application with stipulations that have been discussed including waivers and zoning. Keyes seconded the motion. Keyes confirmed the conditions. Hershey and Nielsen had a brief discussion about conditions regarding setbacks. Salmonsen asked to have the conditions confirmed. Nickel confirmed the conditions as follows: providing a buffer on the south side of the collector road that includes a berm and landscaping, removing 19 lots; an R-2 zoning designation, a blanket waiver of setbacks, public access on the greenbelt, a waiver of lot length, work with Flood Control District 10 for access; widen Blessinger Road on the condition they don’t have to acquire additional right of way from adjacent land owners, a possible pathway along the northern irrigation ditch easement. Nielsen amended the motion to include the conditions just discussed. Keyes seconded the amended motion. Voice vote indicated all Council Members signifying aye. Motion carried. Agenda Item 8) DISCUSSION / ACTION ITEMS: A. Approval of Ordinances & Development Agreement, Ordinance 329 10040 W State Street Annexation • Keyes moved to suspend with the rules requiring approval of the Ordinance after reading once by title only. Hershey seconded the motion. Roll call vote. All ayes from Council. • Keyes moved to approve Ordinance 329. Hershey seconded the motion. Roll call vote. All ayes from Council. Motion carried. Agenda Item 9) REPORTS: Due to the late hour, it was decided to forgo the reports. Mayor Chadwick mentioned that they got approval of a flood plain ordinance they have been working on with FEMA. Agenda Item 10) Adjournment Mayor Chadwick adjourned the meeting at 10:15 pm. ATTEST: Trevor A Chadwick, Mayor Jacob M Qualls, City Clerk / Treasurer ---PAGE BREAK--- File # FP-21-15 Page 1 Iron Mountain Estates Subdivision Final Plat CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Ryan B. Field, Assistant City Planner MEETING DATE: July 20, 2021 FILE(S) FP-21-15, Final Plat, Iron Mountain Estates Subdivision REQUEST Applicant is seeking approval of a Final Plat for Iron Mountain Estates Subdivision, consisting of 43 residential lots and 7 common lots on 15.43 acres. The subject property is located near the northeast corner of W. Floating Feather Road and N. Pollard Lane in Star, Idaho. Ada County Parcel Number R774735060. APPLCIANT/REPRESENTATIVE: OWNER: Jay Walker Todd Campbell Allterra Consulting Todd Campbell Construction 849 E. State Street, Ste. 104 2560 N. Stokesberry Place Eagle, Idaho 83616 Meridian, Idaho 83646 PROPERTY INFORMATION Land Use Designation - Residential R-3 Acres - 15.43 acres Residential Lots - 43 Common Lots - 7 HISTORY April 16, 2019, Council approved applications for Iron Mountain Estates Subdivision, Annexation and Zoning of R-3 (AZ-19-02) and Preliminary Plat (PP-19-01). April 23, 2019, Staff received a request from Councilmember Nielsen requesting reconsideration of the approval decision as per the allowances of Section 8-1A-9 of the Star Unified Development Code. ---PAGE BREAK--- File # FP-21-15 Page 2 Iron Mountain Estates Subdivision Final Plat May 7, 2019, The Council approved the request for reconsideration and directed staff to place the application on the next available Council Agenda. June 4, 2019, Council approved applications for Iron Mountain Estates Subdivision, Annexation and Zoning of R-3 (AZ-19-02) and Preliminary Plat (PP-19-01) Reconsideration. August 4, 2019, Council approved the Findings of Fact for Iron Mountain Estates Subdivision. GENERAL DISCUSSION The applicant is requesting approval of the Final Plat for Iron Mountain Estates Subdivision consisting of 43 residential lots and 7 common lots on 15.43 acres. The Final Plat layout generally complies with the approved Preliminary Plat. Original Preliminary Plat Review: Site Data: All Phases Total Acreage of Site – 15.43 acres Total Number of Lots – 50 lots Total Number of Residential Lots – 43 lots Total Number of Common Lots – 7 lots Total Number of Commercial Lots – None Type of Units – Single Family Units Dwelling Units Per Gross Acre – 2.78 Units per acre Total Acreage of Common Lots – 0.88 acres Percent of Site as Common Area – 5.70% General Site Design Features: Landscaping The landscape plan submitted was approved as far as the locations. However, the UDC, Chapter 4, Section B-7 C-3 Street Trees, states that a minimum density of one tree per thirty-five (35) linear feet is required. The submitted landscape plan appears to satisfy this requirement. Open Space Open space for the subdivision comes in the form of passive green space with amenities. Street Design: Public Streets ---PAGE BREAK--- File # FP-21-15 Page 3 Iron Mountain Estates Subdivision Final Plat The development is proposing to have 36-foot-wide streets from back of curb to back of curb. This satisfies UDC Section 8-6B-2. The development has 3 cul-de-sacs that each measure less than 750 feet long. This satisfies the requirements of Section 8-6B-2-B4. Sidewalks Sidewalks are proposed at five-foot widths and will be attached throughout the overall subdivision. Streetlights Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant has not submitted a plan or design/cuts sheet for streetlights. This will be required prior to signing the mylar. Staff Analysis of Final Plat Submittal: The submitted preliminary plat consisted of 43 residential lots and 7 common lots. Lot Layout – The density of Iron Mountain Estates is 2.78 du/acre. The Final Plat indicates lot sizes range in size from 8,527 square feet to 12,952 square feet. The average buildable lot is 10,473 square feet. This is inline with the approved preliminary plat. Common/Open Space and Amenities – The central common area will include greenspace, pedestrian walkways, BBQ grill, picnic table and a gazebo. Landscaping - Landscaping as required by the Unified Development Code, Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required. The landscaping plan , as submitted appears to satisfy this requirement. Common Area landscape requirements call for one deciduous shade tree per 4,000 square feet. The plan as submitted meets these requirements. Setbacks – The applicant has not requested any special setbacks and the development will adhere to current requirements of the R-3 zone. Mailbox Clusters – The plat calls out 2 separate locations for the mailbox cluster. Applicant has not provided a letter from Star Postmaster, Mel Norton for this approval. It is expected a development of this size would only have 1 location for the cluster. An approval letter needs to be received with the approved location(s) of the mailbox cluster(s) prior to signature of the final plat. Street Names – Applicant has provided documentation from Ada County that the proposed street names have been approved. One street name is not displayed on the plat correctly, N. Burnham Ave should be N. Burnam Ave. Correct street names need to be reflected on all pages of the mylar prior to signature of the final plat. ---PAGE BREAK--- File # FP-21-15 Page 4 Iron Mountain Estates Subdivision Final Plat Subdivision Name – Ada County Development Services has approved the subdivision name and letter is part of the application packet. PUBLIC NOTIFICATIONS Notifications of this application were sent to agencies having jurisdiction on March 29, 2021. September 25, 2020 Keller Associates Checklist June 25, 2021 DEQ Standard Response June 25, 2021 Central District Health Standard Response June 17, 2021 ID Dept. Water Resources FEMA Requirements FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve this Final Plat, the Unified Development Code requires that Council must find the following: A. The Plat is in conformance with the Comprehensive Plan. The Council finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no changes have been made to change this status. B. Public services are available or can be made available and are adequate to accommodate the proposed development. Staff finds that all public services are available and able to accommodate this development. C. There is public financial capability of supporting services for the proposed development. Staff knows of no financial hardship that would prevent services from being provided. D. The development will not be detrimental to the public health, safety or general welfare; and, Staff finds no facts to support that this subdivision phase will be detrimental to the public health, safety or general welfare. E. The development preserves significant natural, scenic or historic features. Staff finds that existing conditions have not substantially changed from the approved Preliminary Plat of this subdivision. CONDITIONS OF APPROVAL 1. The approved Final Plat for Iron Mountain Estates Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. ---PAGE BREAK--- File # FP-21-15 Page 5 Iron Mountain Estates Subdivision Final Plat 3. The property associated with this approved Final Plat, in addition to the property of all future phases shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star City Code Chapter 3, Section 3-1-1 through 3-1-7. 4. Prior to occupancy permits for any structures, the LOMR and Flood Study shall be approved by FEMA. 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. 7. Prior to signature on the mylar, all street names need to be displayed correctly on all pages of the mylar, per Ada County Development Services approval. 8. The approved Preliminary Plat shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See Section 8-4 B Landscaping Requirements) 9. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 10. Streetlight design/locations shall be submitted to staff for review prior to signature of the final plat. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to issuing any building permits. 11. A plat note shall state that development standards for residential development shall comply with the effective building and zoning requirements at time of building permit issuance. 12. Requested surety shall be required at 150% of the total estimated installed cost, as approved by the City Engineer or Administrator. The term of approval shall not exceed 180 days. (See Section 8-1 C-1 of the Unified Development Code for a list of eligible items.) 13. A 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 and location of the mailbox clusters has been approved. 14. 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. 15. A separate sign application is required for any subdivision sign. 16. As built plans for pressurized irrigation systems shall be submitted to the City of Star prior to signature of the final plat. 17. 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. 18. 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. 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. ---PAGE BREAK--- File # FP-21-15 Page 6 Iron Mountain Estates Subdivision 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 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. 24. 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. 25. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File # FP-21-15 Iron Mountain Estates Subdivision, Final Plat, on July 2021. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- E SS SS SS W W WW W E SS SS SS W W WW W W P SD [EMAIL REDACTED] Ph. [PHONE REDACTED] L1.0 Landscape Plan Iron Mountain Estates Subdivision Star Idaho Scale 1" = 40'-0" LANDSCAPE PLAN 80 40 0 8.12.2020 ---PAGE BREAK--- GENERAL LANDSCAPE NOTES - DESIGN REVIEW/ AGENCY SUBMITTAL PLANT SCHEDULE ACHD LANDSCAPE NOTES GENERAL IRRIGATION NOTES - AGENCY SUBMITTAL [EMAIL REDACTED] Ph. [PHONE REDACTED] L1.1 Landscape Details Iron Mountain Estates Subdivision Star Idaho SHRUB PLANTING DETAIL 4 TREE PLANTING DETAIL 2 EDGING DETAIL 5 CONIFER TREE PLANTING AND STAKING DETAIL 3 8.12.2020 1 SOLID VINYL FENCE DETAIL ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- June 25, 2021 By e-mail: [EMAIL REDACTED] City of Star P.O. Box 130 Star, Idaho 83669 Subject: Iron Mountain Estates Subdivision, FP-21-15 Dear Mr. Nickel: Thank you for the opportunity to respond to your request for comment. While DEQ does not review projects on a project-specific basis, we attempt to provide the best review of the information provided. DEQ encourages agencies to review and utilize the Idaho Environmental Guide to assist in addressing project-specific conditions that may apply. This guide can be found at: The following information does not cover every aspect of this project; however, we have the following general comments to use as appropriate: 1. AIR QUALITY • Please review IDAPA 58.01.01 for all rules on Air Quality, especially those regarding fugitive dust (58.01.01.651), trade waste burning (58.01.01.600-617), and odor control plans (58.01.01.776). • All property owners, developers, and their contractor(s) must ensure that reasonable controls to prevent fugitive dust from becoming airborne are utilized during all phases of construction activities per IDAPA 58.01.01.651. • DEQ recommends the city/county require the development and submittal of a dust prevention and control plan for all construction projects prior to final plat approval. Dust prevention and control plans incorporate appropriate best management practices to control fugitive dust that may be generated at sites. • Citizen complaints received by DEQ regarding fugitive dust from development and construction activities approved by cities or counties will be referred to the city/county to address under their ordinances. Brad Little, Governor Jess Byrne, Director 1445 N Orchard Street, Boise, ID 83706 (208) 373-0550 ---PAGE BREAK--- Response to Request for Comment June 25, 2021 Page 2 • Per IDAPA 58.01.01.600-617, the open burning of any construction waste is prohibited. The property owner, developer, and their contractor(s) are responsible for ensuring no prohibited open burning occurs during construction. • For questions, contact David Luft, Air Quality Manager, at (208) 373-0550. 2. WASTEWATER AND RECYCLED WATER • DEQ recommends verifying that there is adequate sewer to serve this project prior to approval. Please contact the sewer provider for a capacity statement, declining balance report, and willingness to serve this project. • IDAPA 58.01.16 and IDAPA 58.01.17 are the sections of Idaho rules regarding wastewater and recycled water. Please review these rules to determine whether this or future projects will require DEQ approval. IDAPA 58.01.03 is the section of Idaho rules regarding subsurface disposal of wastewater. Please review this rule to determine whether this or future projects will require permitting by the district health department. • All projects for construction or modification of wastewater systems require preconstruction approval. Recycled water projects and subsurface disposal projects require separate permits as well. • DEQ recommends that projects be served by existing approved wastewater collection systems or a centralized community wastewater system whenever possible. Please contact DEQ to discuss potential for development of a community treatment system along with best management practices for communities to protect ground water. • DEQ recommends that cities and counties develop and use a comprehensive land use management plan, which includes the impacts of present and future wastewater management in this area. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Valerie Greear, Water Quality Engineering Manager at (208) 373-0550. 3. DRINKING WATER • DEQ recommends verifying that there is adequate water to serve this project prior to approval. Please contact the water provider for a capacity statement, declining balance report, and willingness to serve this project. • IDAPA 58.01.08 is the section of Idaho rules regarding public drinking water systems. Please review these rules to determine whether this or future projects will require DEQ approval. • All projects for construction or modification of public drinking water systems require preconstruction approval. • DEQ recommends verifying if the current and/or proposed drinking water system is a regulated public drinking water system (refer to the DEQ website at: For non-regulated systems, DEQ recommends annual testing for total coliform bacteria, nitrate, and nitrite. ---PAGE BREAK--- Response to Request for Comment June 25, 2021 Page 3 • If any private wells will be included in this project, we recommend that they be tested for total coliform bacteria, nitrate, and nitrite prior to use and retested annually thereafter. • DEQ recommends using an existing drinking water system whenever possible or construction of a new community drinking water system. Please contact DEQ to discuss this project and to explore options to both best serve the future residents of this development and provide for protection of ground water resources. • DEQ recommends cities and counties develop and use a comprehensive land use management plan which addresses the present and future needs of this area for adequate, safe, and sustainable drinking water. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Valerie Greear, Water Quality Engineering Manager at (208) 373-0550. 4. SURFACE WATER • Please contact DEQ to determine whether this project will require a National Pollution Discharge Elimination System (NPDES) Permit. A Construction General Permit from EPA may be required if this project will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land. • If this project is near a source of surface water, DEQ requests that projects incorporate construction best management practices (BMPs) to assist in the protection of Idaho’s water resources. Additionally, please contact DEQ to identify BMP alternatives and to determine whether this project is in an area with Total Maximum Daily Load stormwater permit conditions. • The Idaho Stream Channel Protection Act requires a permit for most stream channel alterations. Please contact the Idaho Department of Water Resources (IDWR), Western Regional Office, at 2735 Airport Way, Boise, or call (208) 334-2190 for more information. Information is also available on the IDWR website at: channel-alteration-permits.html • The Federal Clean Water Act requires a permit for filling or dredging in waters of the United States. Please contact the US Army Corps of Engineers, Boise Field Office, at 10095 Emerald Street, Boise, or call [PHONE REDACTED] for more information regarding permits. For questions, contact Lance Holloway, Surface Water Manager, at (208) 373-0550. 5. SOLID WASTE, HAZARDOUS WASTE AND GROUND WATER CONTAMINATION • Solid Waste. No trash or other solid waste shall be buried, burned, or otherwise disposed of at the project site. These disposal methods are regulated by various state regulations including Idaho’s Solid Waste Management Regulations and Standards (IDAPA 58.01.06), Rules and Regulations for Hazardous Waste (IDAPA 58.01.05), and Rules and Regulations for the Prevention of Air Pollution (IDAPA 58.01.01). Inert and other approved materials are also defined in the Solid Waste Management Regulations and Standards ---PAGE BREAK--- Response to Request for Comment June 25, 2021 Page 4 • Hazardous Waste. The types and number of requirements that must be complied with under the federal Resource Conservations and Recovery Act (RCRA) and the Idaho Rules and Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity and type of waste generated. Every business in Idaho is required to track the volume of waste generated, determine whether each type of waste is hazardous, and ensure that all wastes are properly disposed of according to federal, state, and local requirements. • Water Quality Standards. Site activities must comply with the Idaho Water Quality Standards (IDAPA 58.01.02) regarding hazardous and deleterious-materials storage, disposal, or accumulation adjacent to or in the immediate vicinity of state waters (IDAPA 58.01.02.800); and the cleanup and reporting of oil-filled electrical equipment (IDAPA 58.01.02.849); hazardous materials (IDAPA 58.01.02.850); and used-oil and petroleum releases (IDAPA 58.01.02.851 and 852). Petroleum releases must be reported to DEQ in accordance with IDAPA 58.01.02.851.01 and 04. Hazardous material releases to state waters, or to land such that there is likelihood that it will enter state waters, must be reported to DEQ in accordance with IDAPA 58.01.02.850. • Ground Water Contamination. DEQ requests that this project comply with Idaho’s Ground Water Quality Rules (IDAPA 58.01.11), which states that “No person shall cause or allow the release, spilling, leaking, emission, discharge, escape, leaching, or disposal of a contaminant into the environment in a manner that causes a ground water quality standard to be exceeded, injures a beneficial use of ground water, or is not in accordance with a permit, consent order or applicable best management practice, best available method or best practical method.” For questions, contact Albert Crawshaw, Waste & Remediation Manager, at (208) 373-0550. 6. ADDITIONAL NOTES • If an underground storage tank (UST) or an aboveground storage tank (AST) is identified at the site, the site should be evaluated to determine whether the UST is regulated by DEQ. EPA regulates ASTs. UST and AST sites should be assessed to determine whether there is potential soil and ground water contamination. Please call DEQ at (208) 373-0550, or visit the DEQ website tanks/leaking-underground-storage-tanks-in-idaho/ for assistance. • If applicable to this project, DEQ recommends that BMPs be implemented for any of the following conditions: wash water from cleaning vehicles, fertilizers and pesticides, animal facilities, composted waste, and ponds. Please contact DEQ for more information on any of these conditions. ---PAGE BREAK--- Response to Request for Comment June 25, 2021 Page 5 We look forward to working with you in a proactive manner to address potential environmental impacts that may be within our regulatory authority. If you have any questions, please contact me, or any of our technical staff at (208) 373-0550. Sincerely, Aaron Scheff Regional Administrator DEQ-Boise Regional Office EDMS#: 2021AEK122 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- STARGAZER SUBDIVISION – FILE # AZ-21-04/DA-21-06/PP-21-01 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, Planning Director and Zoning Administrator MEETING DATE: July 20, 2021 – PUBLIC HEARING FILE(S) AZ-21-04 Annexation and Zoning DA-21-06 Development Agreement PP-21-01 Preliminary Plat for Stargazer Subdivision OWNER/APPLICANT/REPRESENTATIVE Property Owner: Property Owner: Property Owner: Endurance Holdings, LLC Open Door Rentals, LLC Jerry Z (Zach) Bruneel 1977 E. Overland Road 1977 E. Overland Road 3035 N. Hamlet Lane Meridian, ID 83642 Meridian, ID 83642 Star, ID 83669 Applicant/Representative: Jane Suggs, Gem State Planning 9840 W. Overland Road, Suite 120 Boise, Idaho 83709 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning a Development Agreement, and a Preliminary Plat for a proposed residential subdivision consisting of 125 residential lots and 10 common lots. The property is located at 2987 & 3035 N. Hamlet Lane, and 10820 & 10824 W. New Hope Road in Star, Idaho. The property consists of 41.84 acres with a proposed density of 3 dwelling units per acre. UPDATE The application is being tabled to a future date specific in order to allow the applicant additional time to provide Staff with specific information requested by Council prior to a decision on the application. ---PAGE BREAK--- LANDYN VILLAGE SUBDIVISION – FILE # AZ-20-04/DA-21- 14/PP-20-04/PUD-20-03/PR-21-07 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, Planning Director and Zoning Administrator MEETING DATE: July 16, 2021 – PUBLIC HEARING (Originally heard March 3, 2020) FILE(S) AZ-20-04 Annexation and Zoning DA-21-14 Development Agreement PP-20-04 Preliminary Plat for Landyn Village Subdivision PUD-20-03 Planned Unit Development PR-21-07 Private Street OWNER/APPLICANT/REPRESENTATIVE Property Owner: Linda Lubbers 551 S. Springs Lane Star, Idaho 83669 Applicant/Representative: Steve Arnold, A Team Land Consultants 1785 Whisper Cove Ave. Boise, ID 83709 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning to Mixed Use (M-U- DA) with a Development Agreement, a Preliminary Plat and Planned Unit Development for a proposed mixed-use residential and commercial subdivision consisting of 53 residential lots, 10 live/work lots, a future commercial lot and 9 common lots, and a Private Street. The property is located at 551 S. Springs Lane in Star, Idaho, and consists of 10 acres with a proposed residential density of 6.2 dwelling units per acre. UPDATE The application is being tabled to a future date specific in order to allow ACHD and ITD additional time to provide review comments on this application and East Star River Ranch. ---PAGE BREAK--- EAST STAR RIVER RANCH SUBDIVISION – FILE # RZ-20-12/DA-20-28/PP-21-03/CU- 21-01/PR-21-02 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel – Planning Director and Zoning Administrator MEETING DATE: July 20, 2021 – PUBLIC HEARING FILE(S) RZ-20-12 Rezone DA-20-28 Development Agreement PP-21-03 Preliminary Plat for East Star River Ranch Subdivision CU-21-01 Conditional Use Permit PR-21-02 Private Street OWNER/APPLICANT/REPRESENTATIVE Property Owner/Applicant: Representative: Star River Development, LLC Jay Walker, Allterra Consulting, LLC 855 S. Calhoun Place 849 E. State Street #104 Star, Idaho 83669 Eagle, Idaho 83616 REQUEST Request: The Applicant is seeking approval of a Rezone (R-8 & C-2), a Development Agreement, a Preliminary Plat for a proposed residential and commercial subdivision consisting of 266 residential lots, 21 commercial lots and multiple common lots, a Conditional Use Permit for a Senior Living Facility and Private Streets. The property is located at 8874 W. Wildbranch Street and 855 S. Calhoun Place in Star, Idaho, and consists of a total of 59.29 acres. UPDATE The application is being tabled to a future date specific in order to allow ACHD and ITD additional time to provide review comments on the application. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Ryan B. Field, Assistant City Planner MEETING DATE: July 20, 2021 – PUBLIC HEARING - Tabled from June 15, 2021 FILE(S) AZ-21-06 Annexation and Zoning DA-21-08 Development Agreement PP-21-09 Preliminary Plat for Rivermoor Subdivision PR-21-08 Private Street OWNER/APPLICANT/REPRESENTATIVE Property Owner: Property Owner: RAMA Group, LLC Bobak Family Trust 1580 W. Cayuse Way 739 Puerto Real Meridian, ID 83642 Las Vegas, NV 89138 Applicant/ Representative: Kent Brown Kent Brown Planning 3161 E. Springwood Drive Meridian, ID 83642 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning a Development Agreement, Preliminary Plat for a proposed residential subdivision consisting of 252 residential lots and 22 common lots, and Private Streets. The property is located at 7290 N. Stonebriar Lane in Star, Idaho and consists of 130.51 acres with a proposed density of 1.93 dwelling units per acre. PROPERTY INFORMATION Property Location: The subject property is generally located on the north side at the east end of W. Joplin Road. Ada County Parcel No’s. S0416347100, S0421212600 & S0421234110. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 2 Surrounding Land Use/Designations: Zoning Designation Comp Plan Designation Land Use Existing RUT (County) Estate Residential Agriculture/Pasture Proposed R-2-DA Estate Residential Single Family Residential North of site RUT (County) Estate Residential/Open Space Agriculture/Pasture/State of Idaho Land South of site RUT (County) Estate Residential Agriculture/Irrigation District Use East of site RUT (County) Estate Residential Highway 16 Agriculture/Pasture West of site RR/RUT (County) Estate Residential/Rural Residential Stonebriar Subdivision/Agriculture Pasture Existing Site Characteristics: The property currently is vacant, used as pasture. Irrigation/Drainage District(s): Eureka Water Company 6820 Joplin Road Meridian, ID 83646 Flood Zone: This property is currently located in Zones X and AE Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No evidence.  Fish Habitat – Yes, in existing pond.  Floodplain – Yes.  Mature Trees – Several existing mature trees.  Riparian Vegetation – None.  Steep Slopes – None.  Stream/Creek – None, ponds are on the property.  Unique Animal Life – No unique animal life has been identified.  Unique Plant Life – No unique plant life has been identified.  Unstable Soils – No known issues.  Historical Assets – No historical assets have been observed.  Wildlife Habitat – No known sensitive wildlife habitat observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held November 20, 2020 Neighborhood Meeting Held February 3, 2021 Application Submitted & Fees Paid April 9, 2021 ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 3 Application Accepted April 20, 2021 Residents within 300’ Notified April 26, 2021 Agencies Notified April 22, 2021 Legal Notice Published April 28, 2021 Property Posted June 3, 2021 HISTORY This property does not have any history of land use applications within the City of Star. CODE DEFINITIONS / COMPREHENSIVE PLAN UNIFIED DEVELOPMENT CODE: 8-1B-1: ANNEXATION AND ZONING; REZONE: B. Standards: 1. The subject property shall meet the minimum dimensional standards of the proper district. 2. The city may require a development agreement in conjunction with the annexation and zoning, or rezone, pursuant to Idaho Code section 67-6511A, which may include a concept plan. In addition to other processes permitted by city and state code, exceptions or waivers of standards, other than use, may be permitted through execution of a development agreement. A development agreement and concept plan shall be required for any rezone to a mixed-use zone, high density zone or land which includes steep slope (land over 25%) or floodway. 3. The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification as designated by the development agreement. When no designation is provided, the property shall revert to its original zoning or, if the original designation no longer exists, to the closest current equivalent zoning as determined by the current Comprehensive Plan Land Use Map designation. 4. An amendment or termination of a previously recorded development agreement shall be recorded in the office of the county recorder by the clerk. 5. An approved development agreement must be executed within ninety (90) days of the meeting at which the development agreement is approved by the city council. A one-time administrative extension of maximum thirty (30) days may be granted by the zoning administrator. Additional extensions may be approved by majority vote of the city council. Failure to execute the development agreement within the required timeframe will result in the ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 4 denial of all related applications. C. Required Findings: The council shall review the application at the public hearing. In order to grant an annexation and zoning or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city. 5. The annexation (as applicable) is in the best interest of city. 8-1E-1: DEFINITIONS - TERMS DEFINED TRANSITIONAL LOT OR PROPERTY: The size of a new residential lot when being proposed adjacent to an established residential use. The ratio for lots adjacent to properties shall be determined on a case-by-case basis, when considering the size of the development potential for the existing use. This shall not be required if separated by an existing roadway or large canal where the distance between new structures and existing structures equal or exceed 100 feet. 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in a Residential district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. In zoning designations of R-1, R-2, R-3, R-4 and R-5, housing shall be single family detached unless approved with a PUD or development agreement. Connection to municipal water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per acre. Wells and septic systems may be permitted for larger lots in this land use designation that are not adjacent to municipal services, as determined by the Sewer District, and if approved by the applicable Health Department. Private streets may be approved in this district for access to newly subdivided or split property. This district does allow for some non-residential uses as specified in 8-3A-3. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city C-2-DA), indicates that the zoning was approved by the city with a development agreement, with specific conditions of zoning. 8-3A-3: USES WITHIN ZONING DISTRICTS ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 5 The following table lists principal permitted accessory uses conditional or prohibited uses. 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: Notes: 1. Interior side yard setbacks for lots with 50’ or less of lot width shall be allowed 5’ interior ZONING DISTRICT USES A R-R R Accessory structure A A A Dwelling: Multi-family 1 N N C Secondary 1 A A A Single-family attached N N C Single-family detached P P P Two-family duplex N N P ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 6 side yard setbacks for one and two-story structures. 2. Front yard setback shall be measured from the face of the garage to the face of the sidewalk, allowing for 20’ of parking on the driveway without overhang onto the sidewalk. 8-3B-3: ADDITIONAL RESIDENTIAL DISTRICT STANDARDS - RESIDENTIAL DISTRICTS: When development is planned with lots that directly abut existing lots within a Rural Residential area, or “Special Transition Overlay Area” as shown on the Comprehensive Plan Land Use map, an appropriate transition shall be provided for the two abutting residential lot types. A transition shall take into consideration site constraints that may exist and may include clustering of the urban lots in order to provide an open space area avoiding urban lots directly abutting rural residential lots, or may include the provision of a buffer strip avoiding urban lots directly abutting rural residential lots, or may include setbacks within the urban lots similar to the rural residential lots directly abutting, or may include the provision of one half to one acre size lots directly abutting the rural residential lots. 8-4D-3: STANDARDS (PRIVATE STREETS): All private streets shall be designed and constructed to the following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot (with access easement) that provides access to all applicable properties. 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Star Fire District. 4. Gates: Gates or other obstacles shall not be allowed, unless approved by Council through a Planned Unit Development or Development Agreement. B. Construction Standards: 1. Obtain approval from the county street naming committee for a private street name(s); 2. Contact the transportation authority to install an approved street name sign that complies with the regulations of the county street naming ordinance; 3. Roadway and Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Star based on plans submitted by a certified engineer. 4. Street Width: The private street shall be constructed within the easement and shall have a travel lane that meets ACHD width standards for the City of Star, or as determined by the Council and Star Fire District. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 7 5. Sidewalks: A five foot attached or detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. 6. Fire Lanes: All drive aisles as determined by the Star Fire District to be fire lanes, shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 7. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. C. The applicant or owner shall establish an on-going maintenance fund through the Owner’s association with annual maintenance dues to ensure that funds are available for future repair and maintenance of all private streets. This shall be a requirement in a development agreement and/or as part of a planned unit development. A reserve account condition shall be included in the recorded CC&R’s and shall be provided to the City for review. The condition of approval shall include the following: 1. Private Road Reserve Study Requirements. a. At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the private road components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review. b. The study required by this section shall at a minimum include: i. Identification of the private road components that the association is obligated to repair, replace, restore, or maintain. ii. Identification of the probable remaining useful life of the components identified in paragraph as of the date of the study. iii. An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph iv. An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. v. A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph to meet the association’s obligation for the repair and replacement of all private road components. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 8 c. A copy of all studies and updates shall be provided to the City, to be included in the development application record. 8-4D-4: REQUIRED FINDINGS (PRIVATE STREETS): In order to approve the application, the administrator and/or Council shall find the following: A. The design of the private street meets the requirements of this article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 8-4E-2: STANDARDS FOR COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS: A. Open Space and Site Amenity Requirement (see also Chapter 8 “Architectural Review”): 1. The total land area of all common open space shall equal or exceed fifteen percent (15%) of the gross land area of the development. Ten percent (10%) of that area shall be usable open space. 2. Each development is required to have at least one site amenity. 3. One additional site amenity shall be required for each additional twenty (20) acres of development area, plus one additional amenity per 75 residential units. 4. Developments with a density of less than 1 dwelling units per acre may request a reduction in total required open space and amenities to the Council. Developments with a density of less than 2 dwelling units per acre may request a 50% reduction in total required open space to the Council. 8-4E-2: COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS - STANDARDS: A. Open Space and Site Amenity Requirement (see also Chapter 8 “Architectural Review”): 1. The total land area of all common open space shall equal or exceed fifteen percent (15%) of the gross land area of the development. Ten percent (10%) of that area shall be usable open space. 2. Each development is required to have at least one site amenity. 3. One additional site amenity shall be required for each additional twenty (20) acres of development area, plus one additional amenity per 75 residential units. 4. Developments with a density of less than 1 dwelling units per acre may request a reduction in ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 9 total required open space and amenities to the Council. Developments with a density of less than 2 dwelling units per acre may request a 50% reduction in total required open space to the Council. COMPREHENSIVE PLAN: 8.2.3 Land Use Map Designations: Estate Residential Suitable primarily for single family residential use. Densities in this land use area are to range from 1 unit per acre to 3 units per acre. Densities not exceeding 1 to 2 units per acre are to be encouraged in areas of the floodplain, ridgeline developable areas, hillside developable areas, and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where those existing larger lots are not likely to be subdivided in the future. Clustering is encouraged to preserve open space. A density bonus may be considered if open space is preserved, and land of at least 40% of additional preserved open space is developable. Special Transition Overlay Area Development adjacent to, and potentially within, this area is to provide for an appropriate transition between existing and new home sites where new urban development is being planned adjacent to previously approved and constructed rural county developments of years past. Site layout is to provide for a transition in density and lot sizing. 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. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 10 8.5.3 Policies Related Mostly to the Urban Residential Planning Areas: A. The Neighborhood Residential Land Use is to encourage urban style development densities to limit urban sprawl. B. Low densities within the Neighborhood Residential Land Use are to be designed within the floodplain, ridgeline developable areas, hillside developable areas and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where those existing larger lots are not likely to be subdivide in the future. 8.5.4 Polices Related to the Special Transition Overlay Areas: A. Development adjacent to and within the Special Transition Overlay Area is to provide for an appropriate transition between existing and new home sites where new urban development is being planned adjacent to previously approved and constructed rural county developments of years past. B. Site layout is to provide for a transition in density and lot sizing with all policies regarding compatibility herein applying. C. Modified street sections, such as with no curbs gutters or sidewalks, should be encouraged for adjacent compatibility where determined appropriate. D. When an urban density residential development is planned with lots that directly abut lots within a Special Transition Overlay Area an appropriate transition is to be provided for the two abutting residential lot types. A transition must take into consideration site constraints that provide transitional lots and/or open space area avoiding urban lots directly abutting Special Transition Overlay Area lots. E. Larger setbacks should be required for new lots planned to abut existing Special Transition Overlay Area lots. 8.5.9 Additional Land Use Component Policies: • Encourage flexibility in site design and innovative land uses. • Work with Ada County Highway District (ACHD), Canyon Highway District #4 (CHD4), and Idaho Department of Transportation (ITD) for better coordination of roadway and access needs. • Support well-planned, pedestrian-friendly developments. • Dark sky provision should be adopted within the code to assure down style lighting in all developments and Star should consider joining the International Dark Sky Association. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 11 18.4 Implementation Policies: E. Development Agreements allow the city to enter into a contract with a developer upon rezoning. The Development Agreement may provide the city and the developer with certain assurances regarding the proposed development upon rezoning. PROJECT OVERVIEW ANNEXATION & REZONE: The applicant is requesting approval of an annexation and rezone application to change the zoning designation on 144.25 acres from Rural Urban Transitional (RUT) to Estate Residential This zoning district would allow for a maximum residential density of 2 dwelling unit per acre. The property is located in an area that will be serviceable with central sewer and water provided by Star Sewer and Water District in the near future. Star Sewer and Water will be extending services along Joplin Road from the new sewer lift station completing construction on the west side of Star Road. The property will be accessed by a private road and currently has frontage onto W. Joplin Court. All roads in the development will be private. The rezone request includes a development agreement that will address future density and development standards along with private road requirements. PRELIMINARY PLAT & PRIVATE STREET: The Preliminary Plat submitted contains 252 single family residential lots and 22 common area lots on 130.51 acres. This equates to 1.93 dwelling units per acre. The lots will have access and frontage from private streets. The residential lots range in size from 22,082 square feet to 6,093 square feet with the average buildable lot being 7,300 square feet. The private street will be built to ACHD, City of Star and Star Fire District standards. The submitted preliminary plat is showing a 50 ft wide right of way with paved streets measuring 36 feet from back of curb to back of curb. Sidewalks are proposed to be detached with an 8-foot-wide landscape strip and a 4-foot, concrete sidewalk. A private street maintenance plan, including proposed funding, shall also be required by Staff prior to final plat signature. Street names must be obtained by the Ada County Street Naming Committee prior to signature of the final plat. The applicant is proposing 22 acres (41%) of open space, including 3.99 acres that are in the AE flood zone and will not be developed. The current Unified Development Code, Section 8-4E-2 requires a development of this size to have a minimum of 10 site amenities. The applicant is proposing a Clubhouse; pool with changing rooms and three large ponds with wooden docks; overall connecting pathways and two gazebos in addition to large open space areas and natural areas. These amenities satisfy the code requirement for development amenities. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 12 Discussions with ACHD indicate that the applicant make street improvements to Joplin Court and a northbound right turn lane and a southbound left turn lane be constructed on Star Road at Joplin Road. ADDITIONAL DEVELOPMENT FEATURES: • Gravel Extraction of Ponds The development will include the excavation of two new ponds and possible enhancement of the existing water feature on the property. This will be handled through gravel extraction that will include removal of aggregate from the property and onto the public street network. Details including but not limited to noise, haul routes, operation hours, length of time, dust control and other issues shall be discussed with Council and conditioned appropriately with the approval of the application. • Ponds The future water features within the development shall be designed and maintained in a manner that protects the public safety. This will include aerators to prevent algae and mosquito issues, safety ring stations throughout the water feature locations, safety shelfs and erosion consideration. • Sidewalks Internal sidewalks are proposed at four-foot widths and will be detached throughout overall subdivision with an eight foot landscape strip. Unified Development Code 8-4A-17 states that sidewalks in all residential zones shall be five-foot wide. Applicant will need to adjust the plat to accommodate the wider sidewalk. • Lighting Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. The applicant has submitted a streetlight plan. All other proposed light locations satisfy City code. Applicant has not provided a streetlight design/cut sheet for City approval. This will be required at submittal of the final plat. • Street Names Applicant has not provided documentation from Ada County that the street names are acceptable and have been approved. This will be required at final plat. Current names on the preliminary plat do not conform to the private road naming standards. • Subdivision Name Applicant has provided a letter from Ada County that the subdivision name has been approved and reserved for this development. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 13 • Landscaping - As required by the Unified Development Code, Chapter 8, Section 8-8C-2- M Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. Section 8-8C-2, J5 states that a minimum of one deciduous shade tree per four thousand (4,000) square feet of common area shall be provided. The submitted landscape plan appears to satisfy these requirements. • Setbacks – The applicant is not requesting any set back waivers and will adhere to the R- 2 requirements outlined earlier in this report. • Block – All blocks meet the 750’ block length requirement. • Mailbox Cluster – Applicant has not provided documentation from a Postmaster depicting the approved location for the mailbox cluster for the development. This will be required prior to signing the final plat. • Phasing – The development is proposing to be built out in five phases. • Special Transitional Overlay Area – The neighborhood to the immediate west of the proposed development is Stonebriar Subdivision, a recently annexed, County approved subdivision consisting of over a dozen 10-plus acre residential lots and a private road. The developer and the Stonebriar Subdivision residents have apparently been working together regarding transition and issues including landscape buffers, fencing and emergency access in addition to sewer and water extension. The proposed Development Agreement shall provide conditions of approval insuring that items agreed upon by the two parties along with additional requirements by Council become part of the approval of the Rivermoor Subdivision. DEVELOPMENT AGREEMENT Through the Development Agreement process, the applicant is proposing to work with the City and neighboring property owners to provide further insurances that the development will be built as presented and/or modified by the Council through the review process. Items that should be considered by the applicant and Council include the following: • Density; • ITD Proportionate Share Fees; • Private Road Maintenance; • Private Road Study Every Three Years; • Fencing and Berming Adjacent to Existing Neighborhoods • Emergency Access ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 14 • Gravel Extraction Operation • Pond Operation and Maintenance AGENCY RESPONSES ITD June 3, 2021/June 4, 2021 Star Fire District July 9, 2021 DEQ April 30, 2021 Ada County Development Services April 26, 2021 ACHD Pending West Ada School District June 7, 2021 COMPASS January 26, 2021 Keller and Associates June 7, 2021 PUBLIC RESPONSES Larry & Shelly Taylor - Letter June 10, 2021 STAFF RECOMMENDATION Based upon the information provided to staff in the applications and agency comments received to date, the proposed annexation and zoning request and associated applications including the preliminary plat meets the requirements, standards and intent for development as they relate to the Comprehensive Plan and Unified Development Code. The proposed maximum allowed density of 2 dwelling unit per acre is below the range of 1-3 dwelling units per acre allowed in the Estate Residential Comprehensive Plan Land Use Map. Staff is supportive of proposed diversity in lot sizes, housing sizes and density that the (R-2) zoning designation will provide. The Council should consider the entire record and testimony presented at their scheduled public hearing prior to rendering its decision on the matter. Should the Council vote to approve the applications, either as presented or with added or revised conditions of approval, Council shall direct staff to draft findings of fact and conclusions of law for the Council to consider at a future date. A development agreement will also be brought back to the Council for review of proposed Conditions of Approval for the rezone. FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve these applications, the Unified Development Code requires that Council must find the following: ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 15 ANNEXATION/REZONE FINDINGS: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan. The purpose of the Star Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Star and its Impact Area. Some of the prime objectives of the Comprehensive Plan include: ✓ Protection of property rights. ✓ Adequate public facilities and services are provided to the people at reasonable cost. ✓ Ensure the local economy is protected. ✓ Encourage urban and urban-type development and overcrowding of land. ✓ Ensure development is commensurate with the physical characteristics of the land. The goal of the Comprehensive Plan for Land Use is to encourage the development of a diverse community that provides a mixture of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible provides an assortment of amenities within walking distance of a residential development. The Council must find compliance with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically, the purposes statement. The Council must find that the proposal complies with the proposed district and purpose statement. The purpose of the Estate Residential District is to provide for development suitable primarily for residential use. Densities in this land use area are to range from 1 unit per acre to 3 units per acre. Densities not exceeding 1 to 2 units per acre are to be encouraged in areas of the floodplain, ridgeline developable areas, hillside developable areas, and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where those existing larger lots are not likely to be subdivided in the future. Clustering is encouraged to preserve open space. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and The Council must find that there is no indication from the material submitted by any political agency stating that this annexation and zoning of this property will be materially detrimental to the public health, safety or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts. The Council must find that it has not been presented with any information from agencies having jurisdiction that public services will be adversely impacted other than traffic, which will continue to be impacted as the City grows. ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 16 5. The annexation is in the best interest of the city. The Council must find that this annexation is reasonably necessary for the orderly development of the City. PRELIMINARY PLAT FINDINGS: 1. The plat is in compliance with the Comprehensive Plan. The City must find that this Plat follows designations, spirit and intent of the Comprehensive Plan regarding residential development and meets several of the objectives of the Comprehensive Plan such as: 1. Designing development projects that minimize impacts on existing adjacent properties, and 2. Managing urban sprawl to protect outlying rural areas. 2. Public Services are available or can be made available and are adequate to accommodate the proposed development. The City must find that Agencies having jurisdiction on this parcel were notified of this action, and that it has not received notice that public services are not available or cannot be made available for this development. 3. There is public financial capability of supporting services for the proposed development; The City must find that they have not been notified of any deficiencies in public financial capabilities to support this development. 4. The development will not be detrimental to the public health, safety or general welfare; The City must find that it has not been presented with any facts stating this Preliminary Plat will be materially detrimental to the public health, safety and welfare. Residential uses are a permitted use. 5. The development preserves significant natural, scenic or historic features; The City must find that there are no known natural, scenic, or historic features that have been identified within this Preliminary Plat. PRIVATE STREET FINDINGS: A. The design of the private street meets the requirements of this article; The City must find that the proposed private streets meets the design standards in the Code. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity: The City must find that it has not been presented with any facts stating this private road will cause damage, hazard or nuisance, or other detriment to persons, property or uses in ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 17 the vicinity. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The City must find that the use is not in conflict with the comprehensive plan and/or regional transportation plan. Upon granting approval or denial of the application, the Council shall specify: 1. The Ordinance and standards used in evaluating the application; 2. The reasons for recommending approval or denial; and 3. The actions, if any, that the applicant could take to obtain approval. CONDITIONS OF APPROVAL 1. The approved Preliminary Plat for the Rivermoor Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. The applicant shall receive approval of all Floodplain applications and meet all FEMA requirements, if applicable, prior to approval of the final plat. The applicant shall also submit a Permit to Develop in an Area of Special Flood Hazard to the Floodplain Manager for review and approval prior to any development work on the property. 3. The applicant shall enter into a Development Agreement with the City, agreeing to proportionate share assessment by ITD regarding impacts to the State Highway System. ITD has calculated the fees to be $294,168. These fees will be collected by the City of Star, by phase, prior to final plat signature. The development agreement shall be signed and recorded as part of the ordinance for annexation and zoning and shall contain the details of the fees to be collected. 4. The private streets shall have a minimum street width of 36’ and shall otherwise be constructed to ACHD standards. The private street shall meet all requirements of the Star Fire District. 5. ACHD is requiring that the applicant make specific street improvements to Joplin Court and a northbound right turn lane, and a southbound left turn lane be constructed on Star Road at Joplin Road. 6. All sidewalks shall be built to code and be a minimum for five feet wide. 7. The Applicant/Owner shall submit a private street maintenance plan, including future funding, in compliance with Section 8-4D-3C of the UDC, with the submittal of the final plat application. 8. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed and energized prior to issuing of building permits. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. Applicant/Owner shall submit a ---PAGE BREAK--- RIVERMOOR SUBDIVISION ANNEXATION/ZONING, DEVELOPMENT AGREEMENT, PRELIMINARY PLAT, PRIVATE STREET FILE # AZ-21-06/DA-21-08/PP-21-09/PR-21-08 18 streetlight design prior to Final Plat approval. Streetlights shall comply with the Star City Code regarding light trespass and “Dark Sky” initiative. 9. Street trees along the private street and landscaping along Brandon Road shall be installed per Chapter 8, including Section 8-8C-2-M(2) Street Trees. 10. The property with the approved Preliminary Plat shall be satisfactorily weed abated, preventing a public nuisance, per Star City Code. 11. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 12. 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. 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 copy of the CC&R’s shall be submitted to the City of Star at Final Plat. 15. 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. 16. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met, including annexation into the District. 17. A plat note shall state that development standards for residential development shall comply with the effective building and zoning requirements at time of building permit issuance, unless amended in the Development Agreement or CUP conditions. 18. 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. 19. All common areas shall be owned and maintained by the Homeowners Association. 20. The applicant shall provide a sign, to be located at all construction entrances, indicating the rules for all contractors that will be working on the property starting at grading and running through home sales that addresses items including but not limited to dust, music, dogs, starting/stopping hours for contractors (7a.m. start time). Sign shall be approved by the City prior to start of construction. 21. A sign application is required for any subdivision signs. 22. Owner/Developer will agree to install a 2” (High Density Polyethylene) HDPE SDR-11 roll pipe in the shared utility trench to be used for future fiber optic and/or copper telecommunication cables. 23. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File Number AZ-21-06/DA-21-08/PP-21-09/PR-21-08 for Rivermoor Subdivision on 2021. ---PAGE BREAK--- Rivermoor Subdivision ---PAGE BREAK--- KENT BROWN PLANNING SERVICES 3161 Springwood Dr ◆ Meridian, Idaho 83642 ◆ Tel.: [PHONE REDACTED] ◆ June 7, 2021 Star City PO Box 130 Star, ID 83669 RE: Rivermoor Subdivision Annexation Application Dear Mayor and Council, Biltmore Company is pleased to submit the following applications for the Rivermoor Subdivision. We are requesting approval for annexation, rezoning, preliminary plat and private streets. Site Location and Existing Uses The subject property is comprised of five parcels: S0421234110, S0421223110, S0421212600, S0416347100 and S0421325410. The property is located north of Joplin Court and between the Stonebriar Subdivision and Highway 16/Central Valley Expressway. The property is currently vacant with one large pond. Annexation and Zoning The property is located within the City of Star’s Area of Impact. The property abuts the future city limits of Star along the western property line. This property line is shared with the Stonebriar Subdivision (The Stonebriar Subdivision recently received approval for annexation into the Star City limits) We are requesting the property be zoned R-2 with a development agreement. Our requested R-2 zone is in compliance with the city’s comprehensive plan for Estate Residential designation. That designation is 1-3 units per acre for this area. The Rivermoor Subdivision is proposing a density of 1.92 units per acre, thus being in the middle range of the Estate Residential designation (1-3 units per acre). The proposed development of the Rivermoor Subdivision is harmonious with the future planned goals of Star City’s Comprehensive Plan. ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Subdivision The design of the Rivermoor Subdivision provides the future residents a unique living experience. With 53.76 acres of open space, the majority of the 252 single family lots will be adjacent to either a common open space with landscaping or water frontage on one of three ponds. Minutes from the heart of Star, Rivermoor will offer a diverse selection of one and two-story single family homes that will appeal to families, retirees and everyone in between who are ready to build their memories in their new home at Rivermoor. The breakdown of lots is as follows: Overall Project Data Total Acreage 131 acres Single Family Residential Lots 251 Common Lots 22 Common Lot Area 54 acres (41%) Net Density 1.92 Units/Acre The preliminary plat has been designed to transition between the Stonebriar Subdivision and the new Rivermoor Subdivision. Stonebriar Subdivision’s entrance, Stonebriar Lane runs through an easement from the Rivermoor property along the southern half of the shared property line. Adjacent to this portion of Stonebriar Subdivision we have 5.31 acres of common area to help transition between the two neighborhoods. Rivermoor will add to and improve the current berm and landscaping that is along Stonebriar Lane. Along the northern half of the Rivermoor Subdivision, adjacent to the Stonebriar Subdivision, we have increased the residential lots to 200 feet in depth to allow for an increased rear yard setback of 50 feet in lieu of the required 30 feet.. To accommodate the Taylor property and their existing home in the Stonebriar Subdivision, we have agreed to limit those lots adjacent to their property to one story, please see Exhibit B. This will help preserve their view of the mountains. All streets within the subdivision are 36 feet wide from back-of-curb to back-of-curb. The sidewalks will be five feet wide and detached from the curb with an eight-foot wide landscape strip throughout the development. Open Space and Amenities Amenities include a central shared beach with a pier at the main pond. This will be near the community center and swimming pool. The community center will also be available to Rivermoor residents for private and neighborhood events. Throughout the neighborhood there are open spaces with connecting pathways. Residents can enjoy and use three separate covered picnic spaces for smaller gatherings. There are 28.74 acres of ponds proposed in the Rivermoor neighborhood which provides 112 residential lots with water frontage. Only 11% of the 252 residential lots do not share at least one of their property lines with some of 53.76 acres of open space. In addition to detached sidewalk, 2.6 miles of greenbelt pathways connect the open spaces of the property. Residents can enjoy walking, biking and exercising throughout the neighborhood. Outdoor fitness stations and benches at reflection areas will be included along the community greenbelt. ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Flood Hazard The majority of the site is located within the floodplain – X zone. To mitigate this hazard, the site will be raised in elevation during development and excavation of the two large ponds proposed with the subdivision. The northeastern corner of the site is located in AE- zone. This small portion of the site (3.66 acres) will remain in the existing natural state and will be open space for the neighborhood. Conclusion Biltmore Company is dedicated to creating communities and homes that exemplify the Idaho way of life. Rivermoor will provide country contemporary living while enhancing the natural beauty of the surrounding area. The Rivermoor Subdivision’s request for approval of: annexation, rezoning, preliminary plat and private streets, have been carefully and thoughtfully designed to comply with the city of Star’s Unified Development Code and Comprehensive Plan. We look forward to your approval of this new Star City neighborhood subdivision. Sincerely, Kent Brown Planner ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit A – Site Plan ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit B – Increased setback and single-story homes ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit C – 2 Story Home Elevations ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit D – 2 Story Home Elevations ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit E – 2 Story Home Elevations ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit F – Single Story Home Elevations ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit F – Single Story Home Elevations ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit G – Amenities Community Center, Pool and Beach area Pocket Parks, Gazebos and Open Space ---PAGE BREAK--- RIVERMOOR SUBDIVISION____ Exhibit H – Amenities Community Paths ---PAGE BREAK--- DEVELOPMENT FEATURES ACREAGE TOTAL PARCEL - 130.51 ACRES TOTAL LOTS - 274 TOTAL DWELLING UNITS - 251 BUILDABLE LOTS - SF RESIDENTIAL - 252 COMMON LOTS - 22 DENSITY DU/ACRE - 1.92 MINIMUM LOT SIZE: 7,300 sf AVERAGE LOT SIZE: XXXX sf OPEN SPACE REQUIRED: 15% TOTAL OPEN SPACE PROVIDED: 53.76 ac - 41% ZONING EXISTING - RUT PROPOSED - R-2 SEWAGE DISPOSAL STAR SEWER AND WATER DISTRICT WATER SUPPLY STAR SEWER AND WATER DISTRICT CITY STAR CITY SCHOOL DISTRICT WEST ADA FIRE DISTRICT STAR IRRIGATION DISTRICT EUREKA WATER CO OWNERS RAMA GROUP, LLC 1580W. CAYCUSE CREEK DR MERIDIAN, ID 83646 BOBAK FAMILY TRUST 736 PUERTO REAL CT LAS VEGAS NV 89138 DEVELOPER KEVIN AMAR BILTMORE COMPANY 9416 CAYUSE CREEK MERIDIAN ID 83646 ENGINEER DAVID A. BAILEY, P.E. BAILEY ENGINEERING, INC. 1119 E. STATE ST., SUITE 210 EAGLE, ID 83616 [PHONE REDACTED] PLANNER/CONTACT KENT BROWN PLANNING SERVICES 3161 SPRINGWOOD DR MERIDIAN, ID 83642 [PHONE REDACTED] L Y E I A B A. D I V A D P R O F E S S I O E N G I N E E R N A L R E G I S T E R E D S T A T E O F I D A H O 8 2 72 NOT FOR CONSTRUCTION TEL [PHONE REDACTED] www.baileyengineers.com 4242 N. BROOKSIDE LANE BOISE, ID 83714 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- L Y E I A B A. D I V A D P R O F E S S I O E N G I N E E R N A L R E G I S T E R E D S T A T E O F I D A H O 8 2 72 NOT FOR CONSTRUCTION TEL [PHONE REDACTED] www.baileyengineers.com 4242 N. BROOKSIDE LANE BOISE, ID 83714 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- L Y E I A B A. D I V A D P R O F E S S I O E N G I N E E R N A L R E G I S T E R E D S T A T E O F I D A H O 8 2 72 NOT FOR CONSTRUCTION TEL [PHONE REDACTED] www.baileyengineers.com 4242 N. BROOKSIDE LANE BOISE, ID 83714 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- L Y E I A B A. D I V A D P R O F E S S I O E N G I N E E R N A L R E G I S T E R E D S T A T E O F I D A H O 8 2 72 NOT FOR CONSTRUCTION TEL [PHONE REDACTED] www.baileyengineers.com 4242 N. BROOKSIDE LANE BOISE, ID 83714 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- L Y E I A B A. D I V A D P R O F E S S I O E N G I N E E R N A L R E G I S T E R E D S T A T E O F I D A H O 8 2 72 NOT FOR CONSTRUCTION TEL [PHONE REDACTED] www.baileyengineers.com 4242 N. BROOKSIDE LANE BOISE, ID 83714 CIVIL ENGINEERINGIPLANNINGICADD ailey Engineering, Inc. ---PAGE BREAK--- Page 1 of 26 Staff Technical Report 6/3/2021 Development: Rivermoor Subdivision Lead Agency: City of Star Shawn Nickel 10769 W. State Street Star, Idaho 83669 [EMAIL REDACTED] Phone: [PHONE REDACTED] Location: West of SH-16 between Joplin Road and the Boise River US 20/26 MP 33.2 Applicant: Biltmore Company Kevin F. Amar 1580 West Cayuse Creek Drive Meridian, ID 83646 [EMAIL REDACTED] Phone: [PHONE REDACTED] Consultant: Eric Sweat Kimley-Horn and Associates, Inc. 950 Bannock Street Boise, ID 83702 [EMAIL REDACTED] Phone: [PHONE REDACTED] Staff Contact: Regan Hansen ITD – District 3 Traffic Signal Engineer [EMAIL REDACTED] Phone: [PHONE REDACTED] ---PAGE BREAK--- Page 2 of 26 Proportionate Share Contribution ITD District 3 has issued Memo 39-Development Proportionate Share Contribution (Updated 11-13-2020) as a means to request equitable contribution from developers to improve public facilities needed to serve new growth and development. ITD does not have jurisdictional authority to require proportionate share contribution from the developer because they are not asking for a direct access approach. ITD and the city of Star have entered into an Intergovernmental Agreement for the city to collect proportionate share contributions on the department’s behalf to be used towards future ITIP projects on the State highway system jointly selected by the two agencies. Intersection Proportionate Share Contribution US 20/26 & Star Rd $195,939 US 20/26 & Mystic Creek Ave $98,229 US 20/26 & SH-16 N/A TOTAL $294,168 Per household unit Approx. $1,167 Traffic Impact Study Overview 1. Proposed Development The proposed Rivermoor Subdivision will contain 252 single-family homes. The proposed build-out year is 2027. 2. Vicinity Map ---PAGE BREAK--- Page 3 of 26 3. Trip Generation ---PAGE BREAK--- Page 4 of 26 4. Trip Distribution 5. Traffic Impact Study Recommendations Dated: February 2021 REVISED: May 2021 Kimley-Horn Associates prepared a traffic impact study for the proposed Rivermoor Subdivision. Below is an executive summary of the findings and recommendations presented in the TIS by Kimley-Horn. The following summary is not the opinion of ITD staff. ITD staff has reviewed the submitted traffic impact study for consistency with ITD policies and practices and may have additional and/or varied requirements beyond what is noted in the summary. ---PAGE BREAK--- Page 5 of 26 ---PAGE BREAK--- Page 6 of 26 ---PAGE BREAK--- Page 7 of 26 ---PAGE BREAK--- Page 8 of 26 ITD Proportionate Share Contributions 1. US-20/26 and Star Road *All supporting documentation in Appendix A Per the TIS, the signalized intersection of US-20/26 and Star Road operates at an acceptable LOS and capacity during the existing year analysis. The intersection has planned improvements in 2023 in conjunction with ITD project KN 20367, which will widen US-20/26 Canal Bridge to SH-16. Even with the planned intersection widening, the intersection does not meet ITD capacity requirements under the 2027 background analysis conditions, with v/c of 0.93 and 1.02 during the AM Peak and PM Peak, respectively. With the addition of site traffic, the intersection performance will degrade to v/c of 0.96 and 1.03 during the AM Peak and PM Peak, respectively. A full CFI is planned for this intersection in the 2040 US-20/26 corridor plan. Staff estimates the design and construction costs for the CFI to be approximately $15,675,134. Proportionate share shall be based on the development’s unique site trips at this intersection versus 2040 traffic volumes identified in the corridor plan. Only PM peak trips are available in the 2040 corridor study. ---PAGE BREAK--- Page 9 of 26 Site Traffic * Site trips that are crossed out with a red line are excluded from the proportionate share for this intersection. They access/depart from US-20/26 at Mystic Creek Avenue and are included in the proportionate share for that intersection. Total 2045 Traffic (PM Peak only) KN 07826 Proportionate Share Calculations PM Site = 104 PM Total = 8,300 PM % = 1.25 Avg % = 1.25 US 20/26 & Star Rd CFI Cost Estimate $15,675,134 Proportionate Share Contribution $195,939 Staff calculates the developer’s proportionate share to be $195,939 (1.25%) based on site trips versus total intersection trips at the 2040 corridor study horizon year. 2. US-20/26 and Mystic Creek Avenue *All supporting documentation in Appendix B Per the TIS, the intersection of US-20/26 and Mystic Creek Avenue operates acceptably in the existing condition and the 2027 background traffic conditions. With the addition of site traffic, the LOS on the southbound Mystic Creek Avenue approach degrades to LOS E and LOS F during the AM and PM Peak hours, respectively. Southbound Mystic Creek Ave degrades to a PM peak LOS F even with the proposal to add a dedicated right turn lane in addition to the existing left turn lane. A turn-lane warrant analysis was conducted for the westbound US-20/26 approach and it was determined that a westbound right-turn lane will be warranted with the addition of site traffic. Staff estimates the design and construction costs for adding a westbound right-turn lane plus center median traffic separator to limit the public road intersection to right-in, right-out, left-in on US-20/26 to be approximately $280,654. Proportionate share shall be based on the development’s right turn traffic volumes at this intersection versus 2027 right turn traffic volumes identified in the TIS. ---PAGE BREAK--- Page 10 of 26 Site Traffic Total 2027 Traffic Proportionate Share Calculations AM Site = 20 AM Total = 23 AM % = 86.96 PM Site = 67 PM Total = 88 PM % = 76.14 Average Proportionate Share Percentage Avg % = 81.55 US 20/26 & Mystic Creek Ave Cost Estimate $280,654 Proportionate Share Contribution $228,872 ITD recogonizes that there will be other development in the area contributing to traffic volumes for the future westbound right turn lane. ITD’s 2040 US 20/26 corridor plan does not show project traffic volumes at this intersection. Kimley-Horn reached out to COMPASS for analysis to show that based on active developments in the area, what percentage would the Rivermoor Subdivision contribute to the overall trips if there were no other access points along US 20/26. COMPASS analysis showed Rivermoor’s Subdivision contribution to peak hour volumes would be 35%. ITD finds it acceptable to lower the proportionate share contribution to 35%. Staff calculates the developer’s proportionate share to be $98,229 (35%) based off COMPASS’s trip percent contribution analysis for the year 2025. 3. US-20/26 and SH-16 *All supporting documentation in Appendix A Per the TIS, the signalized intersection of US-20/26 and SH-16 performs acceptably in all of the analysis scenarios. All site trips that travel through this intersection access US 20/26 at either Star Road or Mystic Creek Avenue—there are not any site trips that are unique to this intersection, and therefore proportionate share will only be collected at the Star Road and Mystic Creek Avenue intersections. Staff does not recommend any proportionate share contributions at the intersection of US-20/26 and SH-16. ---PAGE BREAK--- Page 11 of 26 *ITD Staff Recommendations are intended to assure that the proposed development will not place an undue burden on the existing State Highway system within the vicinity impacted by the proposed development. Recommendations included in ITD’s Staff Technical Report along with any development conditions (see associated Permit Committee Agenda/Minutes) is only valid for the period of one year from the date of the TIS report. ITD reserves the right to request an updated TIS to reflect current traffic conditions if an approved encroachment application and/or proportionate share contribution are not obtained/provided within one year. 4. Appendices Appendix A US-20/26 & Star Road Appendix B US-20/26 & Mystic Creek Avenue Appendix C US-20/26 & SH-16 ---PAGE BREAK--- Page 12 of 26 Appendix A US-20/26 & Star Road Documentation ---PAGE BREAK--- Page 13 of 26 ---PAGE BREAK--- Page 14 of 26 ---PAGE BREAK--- Page 15 of 26 ---PAGE BREAK--- Page 16 of 26 Appendix B US-20/26 & Mystic Creek Avenue Documentation ---PAGE BREAK--- Page 17 of 26 ---PAGE BREAK--- Page 18 of 26 ---PAGE BREAK--- Page 19 of 26 ---PAGE BREAK--- Page 20 of 26 ---PAGE BREAK--- Page 21 of 26 ---PAGE BREAK--- Page 22 of 26 ---PAGE BREAK--- Page 23 of 26 ---PAGE BREAK--- Page 24 of 26 Appendix C US-20/26 & SH-16 Documentation ---PAGE BREAK--- Page 25 of 26 ---PAGE BREAK--- Page 26 of 26 ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov Page 1 of 2 June 4, 2021 Biltmore Company Kevin F. Amar 1580 West Cayuse Creek Drive Meridian, ID 83646 [EMAIL REDACTED] Phone: [PHONE REDACTED] VIA EMAIL RE: Rivermoor Subdivision – ITD Development Condition Memo Dear Mr. Amar, The Idaho Transportation Department (ITD) appreciated the opportunity to review the Rivermoor Subdivision Traffic Impact Study (TIS) located west of SH-16 and north of Joplin Road. Your consultant has been very helpful with answering our technical questions and the department has been able to complete our review. The TIS determined that there are congestion concerns related to the development’s added trips to the intersection of US-20 26 / Star Road as well as US-20 26 / Mystic Creek Avenue. ITD has entered into an agreement with the city of Star to collect a proportionate share contribution from each new development for impacts to the State highway system. As two agencies we are working together to accelerate highway construction within Star’s area of impact to accommodate new development growth. ITD values your contribution to the transportation system so we can help keep goods, services and the public moving at an efficient pace. Per the TIS, the intersection of US-20 26 / Star Road does not meet minimal ITD capacity requirements in 2027 background nor at 2027 total buildout even with ITD’s intersection widening project currently planned to be constructed in 2023. The ultimate configuration for the intersection as identified in ITD’s US-20 26 Corridor Plan is a continuous flow intersection (CFI). At Mystic Creek Avenue a westbound right turn lane is warranted with additional site traffic volumes. The southbound left turn movement fails based on delay at total buildout. Mystic Creek Avenue may need to be limited to right-in, right-out, left-in prior to ultimate buildout of the US-20 26 corridor which shall limit the intersection to right-in, right-out. ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov Page 2 of 2 ITD determined Rivermoor Subdivision’s proportionate share contribution at both intersections as the following; details of the proportionate share calculation are included in the attached ITD Staff Technical Report. Intersection Proportionate Share Contribution US 20/26 & Star Rd $195,939 US 20/26 & Mystic Creek Ave $98,229 US 20/26 & SH-16 N/A TOTAL $294,168 Per household unit Approx. $1,167 Maintaining safety and mobility for Idaho’s motorists is of utmost importance to ITD. We appreciate your improvements to livability in Star, ID as we want all residents to travel safely and efficiently around the Treasure Valley. If you have any questions please contact me by email at [EMAIL REDACTED] or [PHONE REDACTED]. Sincerely, Jayme Coonce ITD – District 3 Engineer Manager Cc: Shawn Nickel – City of Star Paige Bankhead – ACHD Eric Sweat – Kimley-Horn SIGN ---PAGE BREAK--- ADA COUNTY DEVELOPMENT SERVICES 200 W. FRONT STREET, BOISE, IDAHO 83702-7300 PHONE (208) 287-7900 FAX (208) 287-7909 BUILDING • COMMUNITY PLANNING • ENGINEERING & SURVEYING • PERMITTING April 26, 2021 Shawn Nickel City of Star Planning & Zoning 10769 W State St Star, ID 83669 RE: AZ-21-06 / 7290 N Stonebriar Lane / Rivermoor Subdivision Feedback has been requested feedback regarding the proposed annexation and preliminary plat for the Rivermoor Subdivision, which will consist of 252 single-family homes on 130.5 acres at 7290 N. Stonebriar Lane. Ada County is supportive of the application due to the proximity of the site to existing public services, and due to its compliance with the Star Comprehensive Plan, as adopted by Ada County, which designates the site as Low Density Residential, which is intended for single-family homes at densities of up to two units per acre. Additionally, the proposal to set aside 41% of the site as open space, which will include a clubhouse, pool, ponds, docks and pathways is compatible with Residential Policy 3 of the Star Comprehensive Plan, which encourages neighborhood parks and open spaces to be provided within residential areas. The proposal to preserve four acres of open space along the Boise River in a natural state is also compatible with Recreation, Parks, Open Space, and Pathways Policy 8, which calls for natural river frontages, creeks, floodplains and wooded areas to be set aside for perpetual public enjoyment. Thank you for this opportunity to provide feedback. Sincerely, Brent Moore, MCMP, AICP Community & Regional Planner Ada County Development Services ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Rivermoor Subdivision DATE: July 9, 2021 TO: City of Star, Planning & Zoning FROM: Victor Islas, Deputy Chief SUBJECT: Fire District Review PROJECT NAME: Rivermoor Subdivision (AZ-21-06, DA-21-08, PP-21-09, PR-21-08) Fire District Summary Report: Overview: This development can be serviced by the Star Fire Protection District. This development shall comply with the 2018 International Fire Code (IFC) and any codes set forth by the City of Star, Idaho. Fire Response Time: This development will be served by the Star Fire Protection District Station 51, located at 11655 W. State St., Star, Idaho. Station 51 is 3.1 miles with a travel time of 6 minutes under ideal driving conditions to the proposed entrance of the development. Accessibility: Roadway Access, Traffic, Radio Coverage Access roads shall be provided and maintained following Appendix D and Section 503 of the IFC. Access shall include adequate roadway widths, signage, turnarounds, and turning radius for fire apparatus. Access road design shall be designed and constructed to allow for evacuation simultaneously with emergency response operations. All access roads in this development shall remain clear and unobstructed during construction of the development. Additional parking restrictions may be required as to always maintain access for emergency vehicles. Hydrants shall always remain unobstructed per city code. One- or two-family dwelling residential developments: Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall provide with at least two separate and approved fire apparatus access roads. The fire district requires that Autoturn models be submitted for review. Autoturn models should be reflect the utilization of a 36’ long fire engine and a 50’ long ladder truck. Traffic calming devices will require approval by the Fire District. An unobstructed vertical clearance of no less than 13 feet 6 inches shall be maintained at all times. Residential structures that sit more than 150ft off the roadway will require additional emergency turn- around on the property. ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Rivermoor Subdivision The applicant shall work with City of Star, Ada County and Fire District to provide an address identification plan and signage which meets the requirements set forth by each agency. Addressing shall be placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 The developer shall provide a designated access point(s) to bodies of water as requested by the Fire District for emergency services. Access shall have an unobstructed width of not less than 12 feet exclusive of shoulders with an unobstructed vertical clearance of not less than 13 feet 6 inches. The drivable surface shall be capable of supporting the imposed load of fire apparatus weighing at least 35,000 pounds. The access shall be protected from unauthorized vehicles using MaxiForce collapsible bollards. The access shall also be marked with signs on both ends of the access point reading “Emergency and Authorized Vehicles ONLY”. Upon commencement of initial construction of a new structure, a clear visible freestanding sign or post hall be erected and maintained in place until the permanent address numerals are attached or otherwise displaced upon the premises at completion. Specialty/Resource needs: None Water Supply: Water supply requirements will be followed as described in Appendix B of the 2015 International Fire Code unless agreed upon by the Fire District. 1. Fire Flow: One- and two-family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 1 hours to service the entire project. One- and two-family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. 2. Water Supply: Acceptance of the water supply for fire protection will be by the Fire District and water quality by the Star Sewer & Water District for bacteria testing. 3. Water Supply: Final Approval of the fire hydrant locations shall be by the Star Fire Protection District or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant, or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the City of Star and Star Sewer and Water District Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. ---PAGE BREAK--- (208) 286-7772 11665 W. STATE ST., SUITE B STAR, IDAHO 83669 MIDDLETON RURAL FIRE DISTRICT STAR FIRE PROTECTION DISTRICT Rivermoor Subdivision Inspections: Final inspection by the Fire District of the above listed including hydrant flow must be completed before building permits are issued Additional Comments: Side Setback as per City Code. Any modification to setback will require review and approval by the Fire District. Streetlights shall be turned on once residential building begins, Lighting is essential in assisting first responders with identifying entrances safely while responding to calls for service. ---PAGE BREAK--- June 7, 2021 City of Star P.O. Box 130 Star, ID 83669 RE: Rivermoor Subdivision, PP-21-09 Dear Planners: Joint School District No. 2 (dba West Ada School District) has experienced significant and sustained growth in student enrollment during the last ten years. Applying our Student Generation Rate per SF dwelling unit, .1 per MF dwelling unit), to the Rivermoor Subdivision we predict these homes, when completed, could house 177 school aged children. Approval of this development could affect enrollments at the following schools in West Ada District: West Ada School District supports economic growth. To meet the need for additional school capacity, West Ada School District will accept the donation of land appropriate for a school site. Passage of a bond issue will be required prior to the commencement of new school construction. Residents cannot be assured of attending the neighborhood school(s) as it may be necessary to bus students to available classrooms across the district. The safety of our students is our first and foremost priority. With this in mind, we ask that you encourage the developer to provide safe walkways, bike baths and pedestrian access for our students. School capacity and transportation is addressed in Idaho Code 67-6508 - future development will continue to have an impact on the district’s capacity. Sincerely, Marci Horner Planning and Development Administrator Enrolled for 21-22 Capacity Approved prelim plat parcels per attendance area Approved MF units per attendance area Pleasant View Elementary [PHONE REDACTED] 21 Star Middle School 783 1000 8339 278 Owyhee High School 1401 1800 6102 58 Galileo STEM Academy (K-8 school of choice) 757 775 N/A N/A ---PAGE BREAK--- April 30, 2021 By e-mail: [EMAIL REDACTED] City of Star P.O. Box 130 Star, Idaho 83669 Subject: Rivermoor Subdivision, AZ-21-06/DA-21-08/PP-21-09/PR-21-08 Dear Mr. Nickel: Thank you for the opportunity to respond to your request for comment. While DEQ does not review projects on a project-specific basis, we attempt to provide the best review of the information provided. DEQ encourages agencies to review and utilize the Idaho Environmental Guide to assist in addressing project-specific conditions that may apply. This guide can be found at: deq.idaho.gov/assistance- resources/environmental-guide-for-local-govts. The following information does not cover every aspect of this project; however, we have the following general comments to use as appropriate: 1. AIR QUALITY • Please review IDAPA 58.01.01 for all rules on Air Quality, especially those regarding fugitive dust (58.01.01.651), trade waste burning (58.01.01.600-617), and odor control plans (58.01.01.776). • All property owners, developers, and their contractor(s) must ensure that reasonable controls to prevent fugitive dust from becoming airborne are utilized during all phases of construction activities per IDAPA 58.01.01.651. • DEQ recommends the city/county require the development and submittal of a dust prevention and control plan for all construction projects prior to final plat approval. Dust prevention and control plans incorporate appropriate best management practices to control fugitive dust that may be generated at sites. • Citizen complaints received by DEQ regarding fugitive dust from development and construction activities approved by cities or counties will be referred to the city/county to address under their ordinances. Brad Little, Governor Jess Byrne, Director 1445 N Orchard Street, Boise, ID 83706 (208) 373-0550 ---PAGE BREAK--- Response to Request for Comment April 30, 2021 Page 2 • Per IDAPA 58.01.01.600-617, the open burning of any construction waste is prohibited. The property owner, developer, and their contractor(s) are responsible for ensuring no prohibited open burning occurs during construction. • For questions, contact David Luft, Air Quality Manager, at (208) 373-0550. 2. WASTEWATER AND RECYCLED WATER • DEQ recommends verifying that there is adequate sewer to serve this project prior to approval. Please contact the sewer provider for a capacity statement, declining balance report, and willingness to serve this project. • IDAPA 58.01.16 and IDAPA 58.01.17 are the sections of Idaho rules regarding wastewater and recycled water. Please review these rules to determine whether this or future projects will require DEQ approval. IDAPA 58.01.03 is the section of Idaho rules regarding subsurface disposal of wastewater. Please review this rule to determine whether this or future projects will require permitting by the district health department. • All projects for construction or modification of wastewater systems require preconstruction approval. Recycled water projects and subsurface disposal projects require separate permits as well. • DEQ recommends that projects be served by existing approved wastewater collection systems or a centralized community wastewater system whenever possible. Please contact DEQ to discuss potential for development of a community treatment system along with best management practices for communities to protect ground water. • DEQ recommends that cities and counties develop and use a comprehensive land use management plan, which includes the impacts of present and future wastewater management in this area. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Valerie Greear, Water Quality Engineering Manager at (208) 373-0550. 3. DRINKING WATER • DEQ recommends verifying that there is adequate water to serve this project prior to approval. Please contact the water provider for a capacity statement, declining balance report, and willingness to serve this project. • IDAPA 58.01.08 is the section of Idaho rules regarding public drinking water systems. Please review these rules to determine whether this or future projects will require DEQ approval. • All projects for construction or modification of public drinking water systems require preconstruction approval. • DEQ recommends verifying if the current and/or proposed drinking water system is a regulated public drinking water system (refer to the DEQ website at: deq.idaho.gov/water- quality/drinking-water.aspx). For non-regulated systems, DEQ recommends annual testing for total coliform bacteria, nitrate, and nitrite. • If any private wells will be included in this project, we recommend that they be tested for total coliform bacteria, nitrate, and nitrite prior to use and retested annually thereafter. ---PAGE BREAK--- Response to Request for Comment April 30, 2021 Page 3 • DEQ recommends using an existing drinking water system whenever possible or construction of a new community drinking water system. Please contact DEQ to discuss this project and to explore options to both best serve the future residents of this development and provide for protection of ground water resources. • DEQ recommends cities and counties develop and use a comprehensive land use management plan which addresses the present and future needs of this area for adequate, safe, and sustainable drinking water. Please schedule a meeting with DEQ for further discussion and recommendations for plan development and implementation. For questions, contact Valerie Greear, Water Quality Engineering Manager at (208) 373-0550. 4. SURFACE WATER • Please contact DEQ to determine whether this project will require a National Pollution Discharge Elimination System (NPDES) Permit. A Construction General Permit from EPA may be required if this project will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land. • If this project is near a source of surface water, DEQ requests that projects incorporate construction best management practices (BMPs) to assist in the protection of Idaho’s water resources. Additionally, please contact DEQ to identify BMP alternatives and to determine whether this project is in an area with Total Maximum Daily Load stormwater permit conditions. • The Idaho Stream Channel Protection Act requires a permit for most stream channel alterations. Please contact the Idaho Department of Water Resources (IDWR), Western Regional Office, at 2735 Airport Way, Boise, or call (208) 334-2190 for more information. Information is also available on the IDWR website at: channel-alteration-permits.html • The Federal Clean Water Act requires a permit for filling or dredging in waters of the United States. Please contact the US Army Corps of Engineers, Boise Field Office, at 10095 Emerald Street, Boise, or call [PHONE REDACTED] for more information regarding permits. For questions, contact Lance Holloway, Surface Water Manager, at (208) 373-0550. 5. SOLID WASTE, HAZARDOUS WASTE AND GROUND WATER CONTAMINATION • Solid Waste. No trash or other solid waste shall be buried, burned, or otherwise disposed of at the project site. These disposal methods are regulated by various state regulations including Idaho’s Solid Waste Management Regulations and Standards (IDAPA 58.01.06), Rules and Regulations for Hazardous Waste (IDAPA 58.01.05), and Rules and Regulations for the Prevention of Air Pollution (IDAPA 58.01.01). Inert and other approved materials are also defined in the Solid Waste Management Regulations and Standards • Hazardous Waste. The types and number of requirements that must be complied with under the federal Resource Conservations and Recovery Act (RCRA) and the Idaho Rules and Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity and type of waste generated. ---PAGE BREAK--- Response to Request for Comment April 30, 2021 Page 4 Every business in Idaho is required to track the volume of waste generated, determine whether each type of waste is hazardous, and ensure that all wastes are properly disposed of according to federal, state, and local requirements. • Water Quality Standards. Site activities must comply with the Idaho Water Quality Standards (IDAPA 58.01.02) regarding hazardous and deleterious-materials storage, disposal, or accumulation adjacent to or in the immediate vicinity of state waters (IDAPA 58.01.02.800); and the cleanup and reporting of oil-filled electrical equipment (IDAPA 58.01.02.849); hazardous materials (IDAPA 58.01.02.850); and used-oil and petroleum releases (IDAPA 58.01.02.851 and 852). Petroleum releases must be reported to DEQ in accordance with IDAPA 58.01.02.851.01 and 04. Hazardous material releases to state waters, or to land such that there is likelihood that it will enter state waters, must be reported to DEQ in accordance with IDAPA 58.01.02.850. • Ground Water Contamination. DEQ requests that this project comply with Idaho’s Ground Water Quality Rules (IDAPA 58.01.11), which states that “No person shall cause or allow the release, spilling, leaking, emission, discharge, escape, leaching, or disposal of a contaminant into the environment in a manner that causes a ground water quality standard to be exceeded, injures a beneficial use of ground water, or is not in accordance with a permit, consent order or applicable best management practice, best available method or best practical method.” For questions, contact Albert Crawshaw, Waste & Remediation Manager, at (208) 373-0550. 6. ADDITIONAL NOTES • If an underground storage tank (UST) or an aboveground storage tank (AST) is identified at the site, the site should be evaluated to determine whether the UST is regulated by DEQ. EPA regulates ASTs. UST and AST sites should be assessed to determine whether there is potential soil and ground water contamination. Please call DEQ at (208) 373-0550, or visit the DEQ website deq.idaho.gov/waste-mgmt-remediation/storage-tanks.aspx for assistance. • If applicable to this project, DEQ recommends that BMPs be implemented for any of the following conditions: wash water from cleaning vehicles, fertilizers and pesticides, animal facilities, composted waste, and ponds. Please contact DEQ for more information on any of these conditions. We look forward to working with you in a proactive manner to address potential environmental impacts that may be within our regulatory authority. If you have any questions, please contact me, or any of our technical staff at (208) 373-0550. Sincerely, Aaron Scheff Regional Administrator DEQ-Boise Regional Office EDMS#: 2021AEK81 ---PAGE BREAK--- Communities in Motion 2040 2.0 Development Review The Community Planning Association of Southwest Idaho (COMPASS) is the metropolitan planning organization (MPO) for Ada and Canyon Counties. COMPASS has developed this review as a tool for local governments to evaluate whether land developments are consistent with the goals of Communities in Motion 2040 2.0 (CIM 2040), the regional long-range transportation plan for Ada and Canyon Counties. This checklist is not intended to be prescriptive, but rather a guidance document based on CIM 2040 2.0 goals. Recommendations This proposal exceeds growth forecasted for this area. Transportation infrastructure may not be able to support the new transportation demands. The proposal is on the fringe of urban development in an area removed from employment centers and existing public transportation. The closest transit services are located more than four miles away. The Idaho Transportation Department is planning State Highway 16 as a new expressway from I-84 to State Highway 44. Currently funds are only available for preliminary engineering and right-of-way acquisition between Interstate 84 and US Highway 20/26 (Chinden Boulevard) and State Highway 44 (State Street). Right-of- way is partially funded and construction is considered "unfunded." Additional funding would enable widening from two lanes to a four-lane, divided limited-access highway (Key #20788). Consider stub roads to the west to enable future development of that property. More information about COMPASS and Communities in Motion 2040 2.0: Web: www.compassidaho.org Email [EMAIL REDACTED] More information about the development review process: http://www.compassidaho.org/dashboard/devreview.htm Development Name: Rivermoor Agency: Star CIM Vision Category: Future Neighborhoods New households: 252 New jobs: 0 Exceeds CIM forecast: Yes Farmland contributes to the local economy, creates additional jobs, and provides food security to the region. Development in farm areas decreases the productivity and sustainability of farmland. Farmland consumed: Yes Farmland within 1 mile: 1,093 acres Housing within 1 mile: 380 Jobs within 1 mile: <10 Jobs/Housing Ratio: 0.0 Nearest bus stop: >4 miles Nearest public school: 3.5 miles Nearest public park: 3.1 miles Nearest grocery store: >4 miles CIM Corridor: Highway 16 Pedestrian level of stress: R Bicycle level of stress: R A good jobs/housing balance – a ratio between 1 and 1.5 – reduces traffic congestion. Higher numbers indicate the need for more housing and lower numbers indicate an employment need. Residents who live or work less than ½ mile from critical services have more transportation choices. Walking and biking reduces congestion by taking cars off the road, while supporting a healthy and active lifestyle. Level of Stress considers facility type, number of vehicle lanes, and speed. Roads with G or PG ratings better support bicyclists and pedestrians of all ages and comfort levels. Nearest police station: 2.6 miles Nearest fire station: 3.2 miles Developments within 1.5 miles of police and fire stations ensure that emergency services are more efficient and reduce the cost of these important public services. ---PAGE BREAK--- Requesting Agency: Total Cost (Prev. + Prog.): $387 Key # : 22927 Project Description : Supplement the local pavement preservation program to complete pavement improvements on federal-aid roadways in the Boise Urbanized Area. Work includes improvements to adjoining sidewalks to meet American's with Disabilities Act (ADA) requirements. This project could convert to federal-aid if funds become available. Segments will be determined prior to the obligation in the the design year. Roadway and ADA Improvements, Part 3, Boise Area – FY2027 COMPASS PM: Total Previous Expenditures: $0 Inflated Project Year: 2027 Total Programmed Cost: $387 Federal PM: Regionally Significant: ACHD Maintenance Local Match 100.00% Program Hwy - Local Partnerships Funding Source Local Participating Total Cost Year* Preliminary Engineering Preliminary Engineering Consulting Right-of-Way Utilities Construction Engineering Construction Federal Share Local Share 2025 76 0 5 0 0 81 0 0 81 2027 0 306 0 0 0 306 0 0 306 $387 Fund Totals: $0 $387 $306 $0 $0 $0 $76 $5 Requesting Agency: Total Cost (Prev. + Prog.): $98,640 Key # : 20788 Project Description : Preliminary engineering and right-of-way acquisition only on State Highway 16 between Interstate 84 and US Highway 20/26 (Chinden Boulevard) and State Highway 44 (State Street) in Ada and Canyon Counties. Funds will be used to update the environmental re-evaluation, preliminary design through final design, and right-of-way acquisition. (Right-of-way is partially funded and construction is considered "unfunded.") SH-16, I-84 to US 20/26 and SH-44, Ada and Canyon Counties COMPASS PM: Total Previous Expenditures: $91,140 Inflated Project Year: 2019-2021 Total Programmed Cost: $7,500 Federal PM: Regionally Significant: ITD Support Local Match 7.34% Program State Hwy - Restoration Funding Source IM Total Cost Year* Preliminary Engineering Preliminary Engineering Consulting Right-of-Way Utilities Construction Engineering Construction Federal Share Local Share 2021 0 0 0 7,500 0 7,500 0 6,950 551 $551 Fund Totals: $6,950 $7,500 $0 $0 $0 $7,500 $0 $0 Tuesday, January 26, 2021 2:57 PM Page 57 of 88 *PD = Preliminary Development (projects with development activity but no programmed year of construction) Sorted by Project Name All Values in Thousands of Dollars 120 ---PAGE BREAK--- GROWING POSSIBILITIES 131 SW 5th Ave, Suite A Meridian, ID 83642 (208) 288-1992 203010-432 June 7, 2021 Mayor Trevor Chadwick City of Star P.O. Box 130 Star, ID 83669 Re: Rivermoor Subdivision Preliminary Plat Application Dear Mayor: Keller Associates, Inc. has reviewed the Preliminary Plat for the Rivermoor Subdivision dated May 12, 2021. We reviewed the applicant’s package to check conformance with the City’s Subdivision Ordinance and coordinated our review with Shawn L. Nickel. We have the following comments based on our review. 1. Please relocate Acer Fremanii (Maple Freeman) away from sidewalks/pathways. See below for snip from Boise Tree Guide, tree canopy should not overlap any sidewalk, park pathway or ROW. 2. This subdivision will need to be annexed into the Star Sewer and Water District to provide water and sewer to the site. ---PAGE BREAK--- 203010-432 3. Construction plans for a subdivision-wide pressure irrigation system will be required for each final plat. Plan approvals and license agreements from the affected irrigation and/or canal companies will be required. 4. Historic irrigation lateral, drain, and ditch flow patterns shall be maintained unless approved in writing by the local irrigation district or ditch company. 5. Finish grades at subdivision boundaries shall match existing finish grades. Runoff shall be maintained on subdivision property unless otherwise approved. 6. Landscape plans including fencing, buffer areas, and street trees will have to conform to the City subdivision ordinance. We recommend that the condition 1 listed above be addressed prior to approval of the Preliminary Plat. Any variance or waivers to the City of Star standards, ordinances, or policies must be specifically approved in writing by the City. Approval of the above-referenced Preliminary Plat does not relieve the Registered Professional Land Surveyor or the Registered Professional Engineer of those responsibilities. If you have any questions, please do not hesitate to call Keller Associates at (208) 288-1992. Sincerely, KELLER ASSOCIATES, INC. Ryan V. Morgan, P.E. City Engineer cc: File ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---   1 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Development Services Department Project/File: Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 This is an annexation and rezoning application to annex 53.73 acres into the City of Star with an R-2 zoning, and Preliminary Plat to develop 252 residential lots and 22 common lots on 53.73 acres. Lead Agency: City of Star Site address: Parcel Numbers S0416347100, S0421212600, S0421234110, S0421223110, S04163361010, S0421325410, S0421325580 Commission Meeting: XXXX, 202X Staff Approval: XXXX, 202X Applicant: Kent Brown 3161 E. Springwood Drive Meridian, ID 83642 Representative: Same as above Staff Contact: Paige Bankhead, E.I. Phone: 387-6293 E-mail: [EMAIL REDACTED] A. Findings of Fact 1. Description of Application: The applicant is requesting approval of an annexation and rezoning application to annex 53.73 acres into the City of Star with an R-2 zoning, and Preliminary Plat to develop 252 residential lots and 22 common lots on 53.73 acres. This application includes a development agreement with the City of Star. The City of Star’s Future Land Use Map as Estate Residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural Urban Transition (Ada County) RUT South Rural Urban Transition (Ada County) RUT East SH-16/ NA West Rural Urban Transition (Ada County) RUT 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. Vicinity Map ---PAGE BREAK--- 2 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 5. New Center Lane Miles: The proposed development includes 0.0 centerline miles of new public road. 6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): There are no roadways, bridges or intersections in the general vicinity of the project that are in the Integrated Five Year Work Plan (IFYWP) or the District’s Capital Improvement Plan (CIP). • The intersection of US 20/26 and Star Road is listed in the CIP to be improved by ITD between 2031 and 2035. ITD has indicated that this intersection is proposed to be improved as a Continuous Flow Intersection (CFI) in 2023 in conjunction with widening US-20/26 from Canal Bridge to SH-16. • Star Road from US 20/26 to SH-44 is listed in the CIP to be widened to 5-lanes between 2031 and 2035. 8. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to implement the Planned Bicycle Network to support bicycling as a viable transportation option for Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of good repair in order to ensure they are consistently available for use, promote awareness of existing bicycle routes and features and support encouragement programs and to facilitate coordination and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan recommendations. • The BMP identifies Joplin Court abutting the site as a Level 2 facility. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 2,487 additional vehicle trips per day 252 additional vehicle trips per hour in the PM peak hour, based on the traffic impact study. 2. Traffic Impact Study Kimley Horn prepared a traffic impact study for the proposed Rivermoor Subdivision. An executive summary of the findings as presented by Kimley Horn can be found as Attachment 3. The following executive summary is not the opinion of ACHD staff. ACHD has reviewed the submitted traffic impact study for consistency with ACHD policies and practices, and may have additional requirements beyond what is noted in the summary. ACHD Staff comments on the submitted traffic impact study can be found below under staff comments. ---PAGE BREAK--- 3 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Intersections (red) and road segments (blue) included in the study a. Policy Mitigation Proposals: Mitigation recommendations shall be provided within the report. At a minimum, for each roadway segment and intersection that does not meet the minimum acceptable level of service planning threshold or v/c ratio, the report must discuss feasible measures to avoid or reduce the impact to the system. To be considered adequate, measures should be specific and feasible. Mitigation may also include: • Revision to the Phasing Plan to coincide with the District’s planning Capital Projects. • Reducing the scope and/or scale of the project. Alternative Mitigation Measures: 7106.7.3 states that if traditional mitigation measures such as roadway widening and intersection improvements are infeasible as determined by ---PAGE BREAK--- 4 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ACHD, the TIS may recommend alternative mitigation measures. Alternative mitigation measures shall demonstrate that impacts from the project will be offset. • If the impacted roadway segments and/or intersections are programmed as funded in the Integrated Five Year Work Plan (IFYWP) or the Capital Improvements Plan (CIP); no alternative mitigation is required. • If the impacted roadway segments and/or intersections are not programmed in either the IFYWP or the CIP; the applicant may analyze the shoulder hour and (ii) provide a safety analysis to determine alternative mitigation requirements. o If the impacted roadway segments and intersections meet the minimum acceptable level of service planning thresholds in the shoulder hour the applicant may suggest feasible alternative mitigation such as: sidewalks, bike facilities, connectivity, safety improvements, etc. within 1.5 miles of the proposed development. o If the shoulder hour planning thresholds are exceeded the applicant may request to enter into a Development Agreement and pay into the Priority Corridor Fund an amount determined by the ACHD to offset impacts from the project. • Alternative Mitigation may also include: o Revision to the Phasing Plan to coincide with the District’s future Capital Projects. o Reducing the scope and/or scale of the project. Level of Service Planning Thresholds: District Policy 7206.4.1 states that, Level of Service Planning Thresholds have been established for principal arterials and minor arterials within ACHD’s Capital Improvement Plan and are also listed in section 7106. Unless otherwise required to provide a Traffic Impact Study under section 7106, a proposed development with site traffic less than 10% of the existing roadway or intersection peak hour traffic shall not be required to provide mitigation for a roadway or intersection that currently exceeds the minimum acceptable level of service planning threshold or V/C ratio. b. Staff Comments/Recommendations: Staff has reviewed the submitted traffic impact study (TIS) and generally agrees with the findings and recommendations. The study indicates that all roadway segments and intersections operate acceptably under the existing and 2027 future traffic conditions except for those discussed below. Star Road/Joplin Road The study shows that the intersection meets ACHD’s Acceptable Level of Service Thresholds under the 2027 total traffic conditions, but indicates that a dedicated northbound right-turn lane and southbound left-turn lane are warranted at the intersection under the 2027 total traffic conditions. The applicant should be required to construct these turn lanes prior to ACHD’s final signature on the final plat for the development. The study indicates that a northbound left-turn lane is warranted at this intersection, however, the development does not contribute any trips to the northbound left-turn volumes in the AM and PM peak hours under the 2027 total traffic conditions. Therefore, staff does not recommend that this turn lane be constructed at this intersection with this development. Idaho Department of Transportation (ITD) Requirements The study shows that the intersection of Star Road and US-20/26 does not meet ITD capacity requirements in the 2027 total traffic conditions with the intersection improved as a continuous flow intersection proposed in 2023. ---PAGE BREAK--- 5 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 The study recommends constructing a dedicated westbound right-turn lane on US-20/26 at Mystic Creek Avenue in the 2027 total traffic conditions. The study notes that southbound left- turn movement also fails at this intersection under these conditions. ITD noted that Mystic Creek Avenue may need to be limited to right-in/right-out/left-in prior to the ultimate build-out of the US-20/26 corridor, which shall limit the intersection to right-in/right-out only. ITD has requested that the applicant pay their proportionate share towards the future improvements for both of the aforementioned intersections. 3. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a two-lane collector is (425 VPH). 4. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts. • The average daily traffic count for Joplin Court from Star Road to Stone Briar Lane was 137 on 1/20/2021. • The average daily traffic count for Mystic Creek Avenue north of US-20/26 was 160 on 1/20/2021. C. Findings for Consideration 1. Star Road/Joplin Road Intersection The traffic impact study shows that a northbound right-turn lane and southbound left-turn lane on Star Road at Joplin Road are warranted under the 2027 total traffic conditions. The applicant should be required to construct these turn lanes consistent with the traffic impact study recommendations prior to ACHD’s signature on the final plat. Compensation will not be provided for additional pavement widening for constructing the turn lanes. 2. Joplin Court a. Existing Conditions: Joplin Court is improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site. There is 48-feet of right-of-way for Joplin Court (24-feet from centerline). b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector street is designated with a typology on the Master Street Map, that typology shall be considered for the required street improvements. If there is no typology listed in the Master Street Map, then standard street sections shall serve as the default. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Joplin Court 690-feet Collector 19 Better than Better than Mystic Creek Avenue 0-feet Collector 19 Better than Better than ---PAGE BREAK--- 6 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right-of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of- curb on each side. The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of Joplin Court is designated in the MSM as a Residential Collector with 2-lanes and on-street bike lanes, a 36-foot street section within 50-feet of right-of-way. c. Applicant Proposal: The applicant has not proposed any improvements to Joplin Court abutting the site. Staff Comments/Recommendations: The applicant should be required to improve Joplin Court abutting the site as ½ of a 36-foot wide residential collector street section with vertical curb, gutter and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk consistent with the MSM. For detached sidewalk, the applicant may provide a permanent right-of-way easement that extends from the right-of-way to 2-feet behind the back of sidewalk. For attached sidewalk, the applicant should be required to dedicate additional right-of-way to total 2-feet behind the back of sidewalk. If street trees are desired, an 8-foot wide planter strip is required. 3. Off-site Roads: Joplin Court, Joplin Road and Syringa Ridge Drive/Sawtooth Lake Way/Old School Drive/Mystic Creek Avenue a. Policy: ---PAGE BREAK--- 7 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Off-Site Streets Policy: District Policy 7206.2.3 states that if the proposed development is not served by a public street that is fully improved to urban standards (curb, gutter, sidewalk) or a minimum 30-feet of pavement, then the developer shall provide 30-feet of pavement with 3-foot wide gravel shoulders from the site to the public street specified by the District; OR the developer shall provide 24-feet of pavement with 3-foot wide gravel shoulders and a minimum 6-foot wide detached asphalt/concrete pedestrian facility, from the site to a public street specified by the District. Alternatives to pavement widening including sidewalks and pathways or other proposals, may be considered by the District. The extent of roadway improvements (improvement type and length) will be determined by evaluating certain criteria. Criteria to establish improvement type and length include but are limited to: traffic volumes (existing and projected); number of pedestrians (existing and projected); location of pedestrian “attractors” and “generators” (i.e. parks and schools); number of access points/streets serving the proposed development; usable right-of-way; need for traffic calming; utilities and irrigation facilities. All utility relocation costs associated with the off-site street widening shall be borne by the developer. b. Staff Comments/Recommendations: The pavement for the off-site roads leading to the development from Star Road and US-20/26 varies from 24 to 28-feet wide. District Policy states that a proposed development shall be served by a public street that is fully improved to urban standards (curb, gutter, sidewalk) or a minimum 30-feet of pavement for collector roads, or provide 24-feet of pavement with 3-foot wide gravel shoulders and a minimum 6-foot wide detached asphalt/concrete pedestrian facility, from the site to a public street specific by the District. Therefore, the applicant should be required to widen the pavement to 30-feet or provide a minimum of 24-feet of pavement, construct 3-foot gravel shoulders and a minimum 6-foot wide detached asphalt/concrete pedestrian facility on Joplin Court west of the site’s west property line and: 1. On Joplin Road from Joplin Court to Star Road (in green below), and 2. On Syringa Ridge Drive/Sawtooth Lake Way/Old School Drive/Mystic Creek Avenue (in blue below) from Joplin Court to US-20/26 (Chinden Boulevard). ---PAGE BREAK--- 8 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 3. Private Road – Joplin Court Access a. Existing Conditions: There is an existing 43-foot wide access approach from the site onto Joplin Court located 693-feet east of Stonebriar Lane. b. Policy: Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Driveway Location Policy (Stop Controlled Intersection): District policy 7206.4.4 requires driveways located on collector roadways near a STOP controlled intersection to be located outside of the area of influence; OR a minimum of 150-feet from the intersection, whichever is greater. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway. Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 100 VTD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7206.4.6, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7206.4.6. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The private road should have the following requirements: • Designed to discourage through traffic between two public streets, • Graded to drain away from the public street intersection, and • If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. c. Applicant’s Proposal: The applicant has proposed to construct a 52-foot wide curb return type private road onto Joplin Court located 670-feet east of Stonebriar Lane, which includes a 10- foot wide landscape median located outside of the right-of-way. The applicant has proposed to construct all of the streets within the site as private roads. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved, as proposed, except for the width of the private road. Driveways and private roads are limited to a width of 36-feet for driveways with more than 100 VTD per District ---PAGE BREAK--- 9 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Policy. However, staff recommends a modification of Policy to allow the applicant’s proposal due to the fact that there is a 10-foot wide landscape median proposed with 20-foot wide travel lanes and will be located outside of the right-of-way for Joplin Court. Therefore, staff recommends approval of the applicant’s proposal. The applicant should be required to close the existing driveway located 693-feet east of Stonebriar Lane with curb, gutter and sidewalk. If the City of Star approves the private road, the applicant shall be required to pave the private roadway its full width and at least 30-feet into the site beyond the edge of pavement of all public streets and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. If private roads are not approved by the City of Star, the applicant will be required to revise and resubmit the preliminary plat to provide public standard local streets in these locations. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: • Dedicate a minimum of 50-feet of right-of-way for the road. • Construct the roadway to the minimum ACHD requirements. • Construct a stub street to the surrounding parcels. 4. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 5. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 6. Other Access Joplin Court classified as a collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Widen the pavement to 30-feet or construct 3-foot gravel shoulders or provide 24-feet of pavement and a minimum 6-foot wide detached asphalt/concrete pedestrian facility on Joplin Court west of the site’s west property line and: a. On Joplin Road from Joplin Court to Star Road (shown as blue in Finding ---PAGE BREAK--- 10 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 b. On Syringa Ridge Drive/Sawtooth Lake Way/Old School Drive/Mystic Creek Avenue (shown as green in Finding 3) from Joplin Court to US-20/26 (Chinden Boulevard). 2. Construct a dedicate northbound right-turn lane on Star Road at Joplin Road prior to ACHD’s signature on the final plat. Compensation will not be provided for additional pavement widening. 3. Construct a dedicated southbound left-turn lane on Star Road at Joplin Road prior to ACHD’s signature on the final plat. Compensation will not be provided for additional pavement widening. 4. Improve Joplin Road abutting the site as ½ of a 36-foot wide residential collector street section with curb, gutter and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk. For detached sidewalk, the applicant may provide a permanent right-of-way easement that extends from the right- of-way to 2-feet behind the back of sidewalk. For attached sidewalk, the applicant should be required to dedicate additional right-of-way to total 2-feet behind the back of sidewalk. 5. If street trees are desired, an 8-foot wide planter strip is required. 6. Construct a 52-foot wide paved curb return type private road from the site onto Joplin Court located 670-feet east of Stonebriar Lane, as proposed. The landscape median for the private road shall be located outside of the right-of-way for Joplin Court, as proposed. If gated, the gate shall be located a minimum of 50-feet from the edge of Joplin Court and a turnaround shall be provided. 7. Street name and a stop sign are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 8. Other than the access specifically approved with this application, direct lot access is prohibited to Joplin Court and should be noted on the final plat. 9. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 10. Payment of impact fees is due prior to issuance of a building permit. 11. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ---PAGE BREAK--- 11 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-[PHONE REDACTED]) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Traffic Impact Study Executive Summary 4. Utility Coordinating Council 5. Development Process Checklist 6. Request for Reconsideration Guidelines OR Appeal Guidelines VICINITY MAP ---PAGE BREAK--- 12 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 13 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 SITE PLAN ---PAGE BREAK--- 14 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 15 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 16 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 17 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 18 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. ---PAGE BREAK--- 19 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Development Process Checklist Items Completed to Date: Submit a development application to a City or to Ada County The City or the County will transmit the development application to ACHD The ACHD Planning Review Section will receive the development application to review The Planning Review Section will do one of the following: Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at this time. Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: For ALL development applications, including those receiving a “No Review” letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non-Subdivisions) Driveway or Property Approach(s) • Submit a “Driveway Approach Request” form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a “Temporary Highway Use Permit Application” to ACHD Construction – Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50’ or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. Final Approval from Development Services is required prior to scheduling a Pre-Con. ---PAGE BREAK--- 20 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. ---PAGE BREAK--- 21 DRAFT Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 11:00 a.m. 2 days prior to the Commission’s next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. ---PAGE BREAK---   1 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Development Services Department Project/File: Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 This is an annexation and rezoning application to annex 53.73 acres into the City of Star with an R-2 zoning, and Preliminary Plat to develop 252 residential lots and 22 common lots on 53.73 acres. Lead Agency: City of Star Site address: Parcel Numbers S0416347100, S0421212600, S0421234110, S0421223110, S04163361010, S0421325410, S0421325580 Staff Approval: July 19, 2021 Applicant: Kent Brown 3161 E. Springwood Drive Meridian, ID 83642 Representative: Same as above Staff Contact: Paige Bankhead, E.I. Phone: 387-6293 E-mail: [EMAIL REDACTED] A. Findings of Fact 1. Description of Application: The applicant is requesting approval of an annexation and rezoning application to annex 53.73 acres into the City of Star with an R-2 zoning, and Preliminary Plat to develop 252 residential lots and 22 common lots on 53.73 acres. This application includes a development agreement with the City of Star. The City of Star’s Future Land Use Map as Estate Residential. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Rural Urban Transition (Ada County) RUT South Rural Urban Transition (Ada County) RUT East SH-16/ NA West Rural Urban Transition (Ada County) RUT 3. Site History: ACHD has not previously reviewed this site for a development application. 4. Transit: Transit services are not available to serve this site. 5. New Center Lane Miles: The proposed development includes 0.0 centerline miles of new public road. Vicinity Map ---PAGE BREAK--- 2 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 6. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The impact fee assessment will not be released until the civil plans are approved by ACHD. 7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): There are no roadways, bridges or intersections in the general vicinity of the project that are in the Integrated Five Year Work Plan (IFYWP) or the District’s Capital Improvement Plan (CIP). • The intersection of US 20/26 and Star Road is listed in the CIP to be improved by ITD between 2031 and 2035. ITD has indicated that this intersection is proposed to be improved as a Continuous Flow Intersection (CFI) in 2023 in conjunction with widening US-20/26 from Canal Bridge to SH-16. • Star Road from US 20/26 to SH-44 is listed in the CIP to be widened to 5-lanes between 2031 and 2035. 8. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to implement the Planned Bicycle Network to support bicycling as a viable transportation option for Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of good repair in order to ensure they are consistently available for use, promote awareness of existing bicycle routes and features and support encouragement programs and to facilitate coordination and cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan recommendations. • The BMP identifies Joplin Court abutting the site as a Level 2 facility. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 2,487 additional vehicle trips per day 252 additional vehicle trips per hour in the PM peak hour, based on the traffic impact study. 2. Traffic Impact Study Kimley Horn prepared a traffic impact study for the proposed Rivermoor Subdivision. An executive summary of the findings as presented by Kimley Horn can be found as Attachment 3. The following executive summary is not the opinion of ACHD staff. ACHD has reviewed the submitted traffic impact study for consistency with ACHD policies and practices, and may have additional requirements beyond what is noted in the summary. ACHD Staff comments on the submitted traffic impact study can be found below under staff comments. ---PAGE BREAK--- 3 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Intersections (red) and road segments (blue) included in the study a. Policy Mitigation Proposals: Mitigation recommendations shall be provided within the report. At a minimum, for each roadway segment and intersection that does not meet the minimum acceptable level of service planning threshold or v/c ratio, the report must discuss feasible measures to avoid or reduce the impact to the system. To be considered adequate, measures should be specific and feasible. Mitigation may also include: • Revision to the Phasing Plan to coincide with the District’s planning Capital Projects. • Reducing the scope and/or scale of the project. Alternative Mitigation Measures: 7106.7.3 states that if traditional mitigation measures such as roadway widening and intersection improvements are infeasible as determined by ---PAGE BREAK--- 4 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ACHD, the TIS may recommend alternative mitigation measures. Alternative mitigation measures shall demonstrate that impacts from the project will be offset. • If the impacted roadway segments and/or intersections are programmed as funded in the Integrated Five Year Work Plan (IFYWP) or the Capital Improvements Plan (CIP); no alternative mitigation is required. • If the impacted roadway segments and/or intersections are not programmed in either the IFYWP or the CIP; the applicant may analyze the shoulder hour and (ii) provide a safety analysis to determine alternative mitigation requirements. o If the impacted roadway segments and intersections meet the minimum acceptable level of service planning thresholds in the shoulder hour the applicant may suggest feasible alternative mitigation such as: sidewalks, bike facilities, connectivity, safety improvements, etc. within 1.5 miles of the proposed development. o If the shoulder hour planning thresholds are exceeded the applicant may request to enter into a Development Agreement and pay into the Priority Corridor Fund an amount determined by the ACHD to offset impacts from the project. • Alternative Mitigation may also include: o Revision to the Phasing Plan to coincide with the District’s future Capital Projects. o Reducing the scope and/or scale of the project. Level of Service Planning Thresholds: District Policy 7206.4.1 states that, Level of Service Planning Thresholds have been established for principal arterials and minor arterials within ACHD’s Capital Improvement Plan and are also listed in section 7106. Unless otherwise required to provide a Traffic Impact Study under section 7106, a proposed development with site traffic less than 10% of the existing roadway or intersection peak hour traffic shall not be required to provide mitigation for a roadway or intersection that currently exceeds the minimum acceptable level of service planning threshold or V/C ratio. b. Staff Comments/Recommendations: Staff has reviewed the submitted traffic impact study (TIS) and generally agrees with the findings and recommendations. The study indicates that all roadway segments and intersections operate acceptably under the existing and 2027 future traffic conditions except for those discussed below. Star Road/Joplin Road The study shows that the intersection meets ACHD’s Acceptable Level of Service Thresholds under the 2027 total traffic conditions, but indicates that a dedicated northbound right-turn lane and southbound left-turn lane are warranted at the intersection under the 2027 total traffic conditions. The applicant should be required to construct these turn lanes prior to ACHD’s final signature on the final plat for the development. The study indicates that a northbound left-turn lane is warranted at this intersection, however, the development does not contribute any trips to the northbound left-turn volumes in the AM and PM peak hours under the 2027 total traffic conditions. Therefore, staff does not recommend that this turn lane be constructed at this intersection with this development. Idaho Department of Transportation (ITD) Requirements The study shows that the intersection of Star Road and US-20/26 does not meet ITD capacity requirements in the 2027 total traffic conditions with the intersection improved as a continuous flow intersection proposed in 2023. ---PAGE BREAK--- 5 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 The study recommends constructing a dedicated westbound right-turn lane on US-20/26 at Mystic Creek Avenue in the 2027 total traffic conditions. The study notes that southbound left- turn movement also fails at this intersection under these conditions. ITD noted that Mystic Creek Avenue may need to be limited to right-in/right-out/left-in prior to the ultimate build-out of the US-20/26 corridor, which shall limit the intersection to right-in/right-out only. ITD has requested that the applicant pay their proportionate share towards the future improvements for both of the aforementioned intersections. 3. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a two-lane collector is (425 VPH). 4. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD’s most current traffic counts. • The average daily traffic count for Joplin Court from Star Road to Stone Briar Lane was 137 on 1/20/2021. • The average daily traffic count for Mystic Creek Avenue north of US-20/26 was 160 on 1/20/2021. C. Findings for Consideration 1. Star Road/Joplin Road Intersection The traffic impact study shows that a northbound right-turn lane and southbound left-turn lane on Star Road at Joplin Road are warranted under the 2027 total traffic conditions. The applicant should be required to construct these turn lanes consistent with the traffic impact study recommendations prior to ACHD’s signature on the final plat. Compensation will not be provided for additional pavement widening for constructing the turn lanes. 2. Joplin Court a. Existing Conditions: Joplin Court is improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site. There is 48-feet of right-of-way for Joplin Court (24-feet from centerline). b. Policy: Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for improving all collector frontages adjacent to the site or internal to the development as required below, regardless of whether access is taken to all of the adjacent streets. Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector street is designated with a typology on the Master Street Map, that typology shall be considered for the required street improvements. If there is no typology listed in the Master Street Map, then standard street sections shall serve as the default. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Existing Plus Project Joplin Court 690-feet Collector 19 Better than Better than Mystic Creek Avenue 0-feet Collector 19 Better than Better than ---PAGE BREAK--- 6 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location and width of the sidewalk and the location and use of the roadway. The right-of-way width may be reduced, with District approval, if the sidewalk is located within an easement; in which case the District will require a minimum right-of-way width that extends 2-feet behind the back-of- curb on each side. The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike lanes. Residential Collector Policy: District policy 7206.5.2 states that the standard street section for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District will consider a 33-foot or 29-foot street section with written fire department approval and taking into consideration the needs of the adjacent land use, the projected volumes, the need for bicycle lanes, and on-street parking. Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalk at least 5-feet wide to be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District’s planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of Joplin Court is designated in the MSM as a Residential Collector with 2-lanes and on-street bike lanes, a 36-foot street section within 50-feet of right-of-way. c. Applicant Proposal: The applicant has not proposed any improvements to Joplin Court abutting the site. Staff Comments/Recommendations: The applicant should be required to improve Joplin Court abutting the site as ½ of a 36-foot wide residential collector street section with vertical curb, gutter and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk consistent with the MSM. For detached sidewalk, the applicant may provide a permanent right-of-way easement that extends from the right-of-way to 2-feet behind the back of sidewalk. For attached sidewalk, the applicant should be required to dedicate additional right-of-way to total 2-feet behind the back of sidewalk. If street trees are desired, an 8-foot wide planter strip is required. 3. Off-site Roads: Joplin Court, Joplin Road and Syringa Ridge Drive/Sawtooth Lake Way/Old School Drive/Mystic Creek Avenue a. Policy: ---PAGE BREAK--- 7 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Off-Site Streets Policy: District Policy 7206.2.3 states that if the proposed development is not served by a public street that is fully improved to urban standards (curb, gutter, sidewalk) or a minimum 30-feet of pavement, then the developer shall provide 30-feet of pavement with 3-foot wide gravel shoulders from the site to the public street specified by the District; OR the developer shall provide 24-feet of pavement with 3-foot wide gravel shoulders and a minimum 6-foot wide detached asphalt/concrete pedestrian facility, from the site to a public street specified by the District. Alternatives to pavement widening including sidewalks and pathways or other proposals, may be considered by the District. The extent of roadway improvements (improvement type and length) will be determined by evaluating certain criteria. Criteria to establish improvement type and length include but are limited to: traffic volumes (existing and projected); number of pedestrians (existing and projected); location of pedestrian “attractors” and “generators” (i.e. parks and schools); number of access points/streets serving the proposed development; usable right-of-way; need for traffic calming; utilities and irrigation facilities. All utility relocation costs associated with the off-site street widening shall be borne by the developer. b. Staff Comments/Recommendations: The pavement for the off-site roads leading to the development from Star Road and US-20/26 varies from 24 to 28-feet wide. District Policy states that a proposed development shall be served by a public street that is fully improved to urban standards (curb, gutter, sidewalk) or a minimum 30-feet of pavement for collector roads, or provide 24-feet of pavement with 3-foot wide gravel shoulders and a minimum 6-foot wide detached asphalt/concrete pedestrian facility, from the site to a public street specific by the District. Therefore, the applicant should be required to widen the pavement to 30-feet or provide a minimum of 24-feet of pavement, construct 3-foot gravel shoulders and a minimum 6-foot wide detached asphalt/concrete pedestrian facility on Joplin Court west of the site’s west property line and: 1. On Joplin Road from Joplin Court to Star Road (in green below), and 2. On Syringa Ridge Drive/Sawtooth Lake Way/Old School Drive/Mystic Creek Avenue (in blue below) from Joplin Court to US-20/26 (Chinden Boulevard). ---PAGE BREAK--- 8 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 3. Private Road – Joplin Court Access a. Existing Conditions: There is an existing 43-foot wide access approach from the site onto Joplin Court located 693-feet east of Stonebriar Lane. b. Policy: Access Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. District Policy 7206.1 states that the primary function of a collector is to intercept traffic from the local street system and carry that traffic to the nearest arterial. A secondary function is to service adjacent property. Access will be limited or controlled. Collectors may also be designated at bicycle and bus routes. Driveway Location Policy (Stop Controlled Intersection): District policy 7206.4.4 requires driveways located on collector roadways near a STOP controlled intersection to be located outside of the area of influence; OR a minimum of 150-feet from the intersection, whichever is greater. Dimensions shall be measured from the centerline of the intersection to the centerline of the driveway. Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on collector roadways with a speed limit of 25 MPH and daily traffic volumes greater than 100 VTD to align or offset a minimum of 245-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7206.4.6, the applicant should be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7206.4.6. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The private road should have the following requirements: • Designed to discourage through traffic between two public streets, • Graded to drain away from the public street intersection, and • If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of 50-feet from the near edge of the intersection and a turnaround shall be provided. c. Applicant’s Proposal: The applicant has proposed to construct a 52-foot wide curb return type private road onto Joplin Court located 670-feet east of Stonebriar Lane, which includes a 10- foot wide landscape median located outside of the right-of-way. The applicant has proposed to construct all of the streets within the site as private roads. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved, as proposed, except for the width of the private road. Driveways and private roads are limited to a width of 36-feet for driveways with more than 100 VTD per District ---PAGE BREAK--- 9 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Policy. However, staff recommends a modification of Policy to allow the applicant’s proposal due to the fact that there is a 10-foot wide landscape median proposed with 20-foot wide travel lanes and will be located outside of the right-of-way for Joplin Court. Therefore, staff recommends approval of the applicant’s proposal. The applicant should be required to close the existing driveway located 693-feet east of Stonebriar Lane with curb, gutter and sidewalk. If the City of Star approves the private road, the applicant shall be required to pave the private roadway its full width and at least 30-feet into the site beyond the edge of pavement of all public streets and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. If private roads are not approved by the City of Star, the applicant will be required to revise and resubmit the preliminary plat to provide public standard local streets in these locations. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: • Dedicate a minimum of 50-feet of right-of-way for the road. • Construct the roadway to the minimum ACHD requirements. • Construct a stub street to the surrounding parcels. 4. Tree Planters Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 5. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 6. Other Access Joplin Court classified as a collector roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and should be noted on the final plat. D. Site Specific Conditions of Approval 1. Widen the pavement to 30-feet or construct 3-foot gravel shoulders or provide 24-feet of pavement and a minimum 6-foot wide detached asphalt/concrete pedestrian facility on Joplin Court west of the site’s west property line and: a. On Joplin Road from Joplin Court to Star Road (shown as blue in Finding ---PAGE BREAK--- 10 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 b. On Syringa Ridge Drive/Sawtooth Lake Way/Old School Drive/Mystic Creek Avenue (shown as green in Finding 3) from Joplin Court to US-20/26 (Chinden Boulevard). 2. Construct a dedicate northbound right-turn lane on Star Road at Joplin Road prior to ACHD’s signature on the final plat. Compensation will not be provided for additional pavement widening. 3. Construct a dedicated southbound left-turn lane on Star Road at Joplin Road prior to ACHD’s signature on the final plat. Compensation will not be provided for additional pavement widening. 4. Improve Joplin Road abutting the site as ½ of a 36-foot wide residential collector street section with curb, gutter and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk. For detached sidewalk, the applicant may provide a permanent right-of-way easement that extends from the right- of-way to 2-feet behind the back of sidewalk. For attached sidewalk, the applicant should be required to dedicate additional right-of-way to total 2-feet behind the back of sidewalk. 5. If street trees are desired, an 8-foot wide planter strip is required. 6. Construct a 52-foot wide paved curb return type private road from the site onto Joplin Court located 670-feet east of Stonebriar Lane, as proposed. The landscape median for the private road shall be located outside of the right-of-way for Joplin Court, as proposed. If gated, the gate shall be located a minimum of 50-feet from the edge of Joplin Court and a turnaround shall be provided. 7. Street name and a stop sign are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 8. Other than the access specifically approved with this application, direct lot access is prohibited to Joplin Court and should be noted on the final plat. 9. Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will not be released until the civil plans are approved by ACHD. 10. Payment of impact fees is due prior to issuance of a building permit. 11. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ---PAGE BREAK--- 11 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-[PHONE REDACTED]) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Traffic Impact Study Executive Summary 4. Utility Coordinating Council 5. Development Process Checklist 6. Request for Reconsideration Guidelines OR Appeal Guidelines ---PAGE BREAK--- 12 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 VICINITY MAP ---PAGE BREAK--- 13 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 SITE PLAN ---PAGE BREAK--- 14 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 15 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 16 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 17 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 ---PAGE BREAK--- 18 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. ---PAGE BREAK--- 19 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Development Process Checklist Items Completed to Date: Submit a development application to a City or to Ada County The City or the County will transmit the development application to ACHD The ACHD Planning Review Section will receive the development application to review The Planning Review Section will do one of the following: Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at this time. Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: For ALL development applications, including those receiving a “No Review” letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non-Subdivisions) Driveway or Property Approach(s) • Submit a “Driveway Approach Request” form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a “Temporary Highway Use Permit Application” to ACHD Construction – Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50’ or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. Final Approval from Development Services is required prior to scheduling a Pre-Con. ---PAGE BREAK--- 20 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. ---PAGE BREAK--- 21 Rivermoor Subdivision/ SPP21-0008/ AZ-21-06/ DA-21-08/ PP-21-09/ PR-21-08 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 11:00 a.m. 2 days prior to the Commission’s next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. ---PAGE BREAK--- DEVELOPMENT AGREEMENT RIVERCREEK LANDING SUBDIVISION This Development Agreement ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and Developing Properties, LLC, hereinafter referred to as "Owner". WHEREAS, Owner owns a parcel of land of approximately 37.17 acres in size, currently located within Ada County, zoned RUT and more particularly described in Exhibit A of Ordinance 333, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Owner has requested that the Property be annexed into the City and developed in accordance with the applicable ordinances and regulations of the City and this Agreement; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, Owner desires to be assured that it may proceed with allowing its Property to be rezoned in accordance with this Agreement; WHEREAS, the parties agree to the zoning designations for various parcels within the Property to be rezoned in accordance with this Agreement; WHEREAS, Owner filed with the City of Star, a Request for Annexation and Rezone of the Property and Zoning of R-4-DA, as File No. AZ-20-17, so that the City can review all the applications affecting the use and development of the Property in an integrated manner consistent with the City's Comprehensive Plan and land use ordinances; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, the City and Owner, for and in consideration of the mutual covenants, duties and obligations herein set forth, hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. ---PAGE BREAK--- Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. As to the Parcel shown on Exhibit A, Owner is allowed to develop 37.17 acres as follows: • Zoning Classification: The zoning classification shall be a R-4-DA. • The Owner shall comply with all city ordinances relating to the property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat/Concept Plan, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 128 single-family residential lots. 2.4 Setbacks. The development shall follow the setbacks required in the R-4 zoning district for the Residential Uses, including side street setbacks of 20 feet. 2.5 Additional Requirements: • Prior to construction/earthwork on the phases of the subdivision within the existing floodplain, the applicant shall receive approval of a LOMA from FEMA, determining the Base Flood Elevation with the floodplain. Prior to submittal of building permits on any lots within the floodplain, submittal of a LOMR to FEMA is required. Approval of the LOMR shall be required prior to any occupancies of homes on lots within the floodplain. The applicant shall work with the City Engineer/Flood Administrator regarding any work within the floodplain. • Prior to construction/earthwork on the phases of the subdivision within the existing floodplain, the applicant shall receive approval of a LOMA from FEMA, determining the Base Flood Elevation within the floodplain. Prior to submittal of building permits on any lots within the floodplain, submittal of a LOMR/LOMR-F to FEMA is required which includes a review by the City Floodplain Administrator. Approval of the LOMR/LOMR-F or submittal of an Elevation Certificate for each individual home located within the floodplain shall be required prior to any occupancies of homes on lots within the floodplain. The applicant shall work with the City Engineer/Floodplain Administrator regarding any work within the floodplain. • All public streets shall have a minimum street width of 36’ and shall be constructed to ACHD standards. • Lots 2 thru 5, Block 8, and Lots 14 & 15, Block 7 of the approved Preliminary Plat shall be restricted to single-story home construction. This shall be a plat note and a deed restriction. This condition shall be included as part of the recorded CC&R’s and shall remain as a condition forever. • All pathways in the subdivision shall be provided with a hard surface of either concrete or pavement. ---PAGE BREAK--- • The landscape plan shall include details regarding the required landscape berm and trees proposed along the western boundary of the neighboring property (9393 W. Beacon Light Rd). This plan shall be reviewed by the above- mentioned property owner and by Council prior to final approval 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the $123,659.00 traffic mitigation fee determined, or revised, by the Idaho Transportation Department as follows: the Developer will pay the City $966.08 per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fail to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by Owner before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. Owner shall provide an affidavit agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit is incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein. This Agreement may be modified or terminated by the. Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event ---PAGE BREAK--- the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the City and Owner, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. ---PAGE BREAK--- 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 Owner: Developing Properties, LLC Todd Campbell Construction, Inc. P.O. Box 140298 Boise, ID 83714 7.5 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto of a fully executed copy of this Agreement. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- OWNER: Developing Properties, LLC Todd Campbell, Managing Member STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Todd Campbell, known or identified to me to be the person who subscribed his name to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: ---PAGE BREAK--- 2225 Washington Boulevard, Suite 200, Ogden, Utah 84401 – (801) 476-0303 943 W. Overland Road, Suite 109, Meridian, ID 83642 – (208)-513-1256 June 28, 2021 City of Star c/o City Clerk Jacob Qualls and via email: [EMAIL REDACTED] 10769 W. State Street Star Idaho, 83669 Re: Request for Reconsideration - CRANEFIELD SUBDIVISION FILE NO. RZ-21-02/DA-21-04/PP-21-05/PR-21-04 To the City Council: This law firm has been retained by Pinewood Lakes Community Association, Inc. (“Association”) to file a request for reconsideration in the above referenced land use decision pursuant to Idaho Code § 67- 6535(2)(b) and Star City Code § 8-A1-9. Star City Code is hereafter cited as “SCC”. If there is a filing fee please notify me and it will be paid I. SUMMARY On June 15, 2021 the City Council issued Findings of Fact and Conclusions of Law conditionally approving the Preliminary Plat for Cranefield Subdivision (“Subdivision”). The Association challenges the decision to rezone the property from R-3 to R-4, the failure to require proper ingress and egress to and from the Subdivision, the failure to make adequate plans for traffic impacts, and the failure to require an easement area as a buffer between the Subdivision and the Pinewood Lakes Community. The Association’s and its Members’ fundamental right to due process has been violated. II. LEGAL AUTHORITY Idaho Code § 67-6535(3) provides: It is the intent of the legislature that decisions made pursuant to this chapter should be founded upon sound reason and practical application of recognized principles of law. In reviewing such decisions, the courts of the state are directed to consider the proceedings as a whole and to evaluate the adequacy of procedures and resultant decisions in light of practical considerations with an emphasis on fundamental fairness and the essentials of reasoned decision making. Only Patrick J. Galloway [EMAIL REDACTED] (Licensed in Idaho, Oregon & Washington) www.smithknowles.com ---PAGE BREAK--- Page 2 June 28, 2021 those whose challenge to a decision demonstrates actual harm or violation of fundamental rights, not the mere possibility thereof, shall be entitled to a remedy or reversal of a decision…. The Supreme Court of Idaho further established the requirements of due process in Jasso v. Camas County, 151 Idaho 790, 264 P.3d 897 (Idaho 2011): In order to satisfy I.C. § 67-6535, a local decision-maker must articulate in writing both the facts found and conclusions reached and the rationale underlying those findings and conclusions… We have repeatedly held local decision-makers to the standard set forth by I.C. § 67-6535. In Crown Point Development, Inc. v. City of Sun Valley, the purported findings of the city council were merely recitations of portions of the record, rather than determinations of the facts disputed by the parties. 144 Idaho 72, 77-78, 156 P.3d 573, 578-79 (2007). This Court found the “findings” to be inadequate. Id. In Workman Family Partnership v. City of Twin Falls, the city council’s factual findings explained that a rezone application was denied because the rezone imposed “[t]oo great a change,” would devalue nearby residential properties, and “would violate the integrity of existing residential zoning districts.” 104 Idaho 32, 37, 655 P.2d 926, 931 (1982). We held that “[t]he reasons listed for the denial of the application are basically conclusions. Nothing reveals the underlying facts or policies that were considered by the Council. The reasons listed provide very little insight into the Council’s decision.” 104 Idaho at 38, 655 P.2d at 932. In Cooper v. Board of County Commissioners of Ada County, the Court held that a board of county commissioners’ findings and conclusions, supplemented by a staff report that stated some of the shortcomings for which the application was denied, were inadequate where the board denied the application “because of items 1, 2, 3 and 4 and Agricultural Policies No. 4 and No. 5 and also because of the school district.” 101 Idaho 407, 408-09, 614 P.2d 947, 948-49 (1980). These cases demonstrate that the reasoned statement must plainly state the resolution of factual disputes, identify the evidence supporting that factual determination, and explain the basis for legal conclusions, including identification of the pertinent laws and/or regulations upon which the legal conclusions rest. III. DEFICIENCIES a. Failure to require an independent traffic study or cite to the City’s Comprehensive Plan – Traffic Analysis revised April 30, 2019 and explain the impacts of increased traffic volume and how it will be dealt with. b. Reliance on the vague indication that Applicant should work with the Highway District on ‘traffic calming techniques.’ c. Failure to show any efforts taken, findings of fact, or to require conditions consistent with the Comprehensive Plan 12.5.4.E.: When reviewing comprehensive plan amendments, zone changes, master plans, conditional uses, and other significant entitlement requests, coordinate with ACHD, CHD4, and ITD to evaluate the impact of the project on street levels of service. Service level impacts should be minimized through project modifications, traffic management plans, street improvement plans, or other means. d. Allowing a deviation from the 750’ block length limitation without proper findings of fact and an approved remedy pursuant to SCC 8-6B-2.F. e. Failure to require the Applicant to submit all mandatory application materials pursuant to SCC 8- 6A-3.D.4. ---PAGE BREAK--- Page 3 June 28, 2021 f. Failure to provide adequate findings of fact and conclusions of law explaining how the rezoning map amendment complies with the applicable provisions of the comprehensive plan. SCC 8-1B- 1.C.1. g. Failure to provide adequate findings of fact and conclusions of law explaining how the rezoning map amendment complies with the regulations outlined for the proposed district. SCC 8-1B- 1.C.2. h. Failure to provide any findings of fact and conclusions of law explaining how the rezoning map amendment is not detrimental to the public health, safety, and welfare. SCC 8-1B-1.C.3. i. Failure to provide adequate findings of fact and conclusions of law explaining how the rezoning map amendment shall not have an adverse impact on services. SCC 8-1B-1.C.4. j. Failure to provide any detail of the terms of the proposed Development Agreement and how it will alleviate the impacts of waiving the detached housing requirement in the R-4 zone. k. Failure to provide adequate findings of fact and conclusions of law explaining how the preliminary plat complies with the comprehensive plan. SCC 8.6A.7.A. l. Failure to provide adequate findings of fact and conclusions of law explaining how public services are or can be made available. SCC 8.6A.7.B. m. Failure to provide any findings of fact and conclusions of law explaining how there is public financial capability of supporting services for the proposed development. SCC 8.6A.7.C. n. Failure to provide any findings of fact and conclusions of law explaining how the development is not detrimental to the public health, safety, and welfare. SCC 8.6A.7.D. o. Failure to provide any findings of fact and conclusions of law explaining how the development preserves significant natural, scenic, or historic features. SCC 8.6A.7.E. IV. CONCLUSION The Association looks forward to working with the City and the Applicant to address key concerns regarding Cranefield Subdivision. Sincerely, SMITH KNOWLES, P.C. Patrick J. Galloway Patrick J. Galloway ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 1 AMENDED AND RESTATED DEVELOPMENT AGREEMENT WILDRYE CREEK SUBDIVISION This Amended and Restated Development Agreement for Wildrye Creek Subdivision ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", Toll Southwest LLC, hereinafter referred to as "Developer". Amd Rosti Land LLC, an Idaho limited liability company (“Owner). WHEREAS, Owner owns approximately 56.85 acres, currently located within the City of Star, Ada County, zoned R-3 and more particularly described in Exhibit A, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Developer is under contract to purchase the Property from Owner and is the applicant in connection with City of Star File Number PP-21-02/DA-21-01 MOD, seeking a development agreement modification and a preliminary plat approval for the Property. WHEREAS, in 2007, the Property was annexed and zoned R-3DA and made subject to that certain Taurus Village Annexation and Development Agreement, dated September 25, 2007 between City and SB/CH Land Company (Rosti) LLC, recorded on September 28, 2007 as Instrument No. 107135135 in the office of the Ada County Recorder (“Original Development Agreement”); WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, and for a specific purpose or use and with specific approved design and dimensional standards; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, the Property was never developed and the Original Development Agreement was never terminated; WHEREAS, it is the intent and desire of the parties hereto to proceed with development of the Property in accordance with this Agreement, which the parties agree will fully amend and replace the Original Development Agreement; WHEREAS, the intent of this Agreement is to protect the rights of Owner and Developer’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, for and in consideration of the mutual covenants, duties and obligations herein set forth, the parties hereby agree as follows: ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 2 Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. The Property is approximately 56.85 acres and is allowed to be developed as follows: • Zoning Classification: The zoning classification is R-3-DA. • The Development of the Property shall comply with all city ordinances relating to the Property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat/Concept Plan, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 169 single-family detached residential lots. 2.4 Setbacks. The development shall comply with the following approved setbacks and dimensional standards: Minimum Front Yard Setback Minimum Rear Yard Setback Minimum Interior Side Setback Minimum Street Side Setback 15’ to living; 20’ to garage 15’ 5’ (1 and 2 stories) 15’ 2.5 Additional Requirements: • The public is permitted to use the proposed pathways within the new development. • If the City includes the Middleton Canal in the upcoming City Pathway System, the applicant shall grant a public easement to accommodate a 10-foot wide, paved and ADA compliant public pathway along the canal. • The applicant shall work with City Staff and the developer of Craftsman Estates to come up with solutions to the issue of the removal of the 2-foot buffer area between the two subdivisions. The applicant and/or City Staff shall update the neighbors on the proposed solutions and provide the Council with a summary of those communications. • The development shall include one-story homes only on the fifteen (15) single- family detached residential lots depicted on Exhibit C, which is attached hereto and incorporated by reference herein. ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 3 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the Ninety-One Thousand Four Hundred and Seventy-One dollar ($91,471.00) traffic mitigation fee calculated by the Idaho Transportation Department as follows: the Developer will pay the City Five Hundred Forty-One ($541.00) per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fails to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. At the City’s request, Owner shall provide an affidavit agreeing to submit the Property to this Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit will be incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein, provided that Owner shall be given notice of any such default and a reasonable amount of time to cure any default following notice from City. In the event of an uncured default by Developer, this Agreement may be modified or terminated by the Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified as set forth in the Star City Ordinances, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 4 zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of Developer. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the parties, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with such owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by each of the parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 5 certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 Developer: Toll Southwest LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 Owner: Rosti Land LLC 10980 Lower Bench Rd. Emmett, Idaho 83617 7.5 Effective Date. This Agreement shall be effective after each of the parties hereto have executed this Agreement and it has been recorded in the real property records of the Ada County Recorder. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 6 DEVELOPER: TOLL SOUTHWEST LLC, an Idaho limited liability company By: Susan Stanley Its: Division President OWNER: ROSTI LAND LLC, an Idaho limited liability company By: Samuel J. Rosti Its: Manager STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Susan Stanley, known to me to be the Division President of Toll Southwest LLC, who subscribed her name to the foregoing instrument, and acknowledged to me that she executed the same in said limited liability company’s name. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me, a Notary Public in and for said State, personally appeared Samuel J. Rosti, known to me to be the Manager of Rosti Land LLC, a limited liability company, who subscribed his name to the foregoing instrument, and acknowledged to me that he executed the same in said limited liability company name. ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission expires ---PAGE BREAK--- Legal Description Wildrye Creek Subdivision A parcel of land located in a portion of Government Lot 6 and Government Lot 7, Section 6, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at an Aluminum Cap monument marking the West quarter corner of said Section 6, from which an Aluminum Cap monument marking the southwest corner of said Section 6 bears S 0°29'29" W a distance of 2642.36 feet; Thence along the northerly boundary of said Government Lot 6 S 88°39'08" E a distance of 1185.60 feet to a 5/8 inch rebar marking the center west 1/16 corner of said Section 6; Thence along the easterly boundary of said Government Lot 6 and Government Lot 7 S 0°55'45" W a distance of 2349.46 feet to a point on the centerline of the Middleton Canal; Thence along the centerline of said Middleton Canal the following described courses: Thence N 81 °50'06" W a distance of 182. 56 feet to a point; Thence a distance of 64.06 feet along the arc of a 150.00 foot radius curve right, said curve having a central angle of 24°28'1 0" and a long chord bearing N 69°36'01" W a distance of 63.58 feet to a point; Thence N 57°21'56" W a distance of 72.70 feet to a point; Thence a distance of 64.34 feet along the arc of a 145.00 foot radius curve left, said curve having central angle of 25°25'28" and a long chord bearing N 70°04'40" W a distance of 63.82 feet to a point; Thence a distance of 209.02 feet along the arc of a 400.00 foot radius curve right, said curve having central angle of 29°56'23" and a long chord bearing N 67°49'17" W a distance of 206.65 feet to a point; Thence N 52°51 '06" W a distance of 69.10 feet to a point; Thence a distance of 255.98 feet along the arc of a 4000.00 foot radius curve right, said curve having central angle of 3°40'00" and a long chord bearing N 51 °01 '06" W a distance of 255.94 feet to a point; Thence N 49° 11 '06" W a distance of 207. 99 feet to a point; Thence a distance of 118.68 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 11 °20'00" and a long chord bearing N 54°51 '06" W a distance of 118.49 feet to a point; Thence N 60°31 '06" W a distance of 29.57 feet to a point; l.a ohat· ons Surveying and Consulting Aliso Creek Subdivision Job No. 20-67 Page 1 of 2 EXHIBIT A ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT 9 ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 10 Jeff Bowers Redlines15688299_2.doc15688299_1.DOC [13844-21] AMENDED AND RESTATED DEVELOPMENT AGREEMENT 10 ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 11 Jeff Bowers Redlines15688299_2.doc15688299_1.DOC [13844-21] AMENDED AND RESTATED DEVELOPMENT AGREEMENT 11 ---PAGE BREAK--- AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 12 Jeff Bowers Redlines15688299_2.doc15688299_1.DOC [13844-21] EXHIBIT C Single Story Lots AMENDED AND RESTATED DEVELOPMENT AGREEMENT 12 ---PAGE BREAK--- ORDINANCE NO. 338 (LORAN ESTATES SUBDIVISION ANNEXATION) AN ORDINANCE ANNEXING TO THE CITY OF STAR CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF CANYON COUNTY, IDAHO; MORE SPECIFICALLY LOCATED AT 23307 N. CAN ADA ROAD, CANYON COUNTY PARCELS R3378900000 & R33789011AO, IN STAR, IDAHO AND CONTIGUOUS TO THE CITY OF STAR; THE PROPERTIES ARE OWNED BY GARY L & KATHLEEN A OLSON; ESTABLISHING THE ZONING CLASSIFICATION OF THE ANNEXED PROPERTY AS RESIDENTIAL WITH A DEVELOPMENT AGREEMENT (R-1-DA) OF APPROXIMATELY 10.53 ACRES; DIRECTING THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon County, Idaho (“the City”), is a municipal corporation organized and operating under the laws of the State of Idaho and is authorized to annex and to incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, pursuant to Section 67-6524, Idaho Code, the City of Star has adopted the Unified Development Code Ordinance, the same being Ordinance No. 303, adopted on March 3, 2020 and subsequently amended; and WHEREAS, the owner(s) of the real property situated in the unincorporated areas of Canyon County and particularly described in Section 2 of this Ordinance have requested, in writing, annexation of said real property to the City of Star; and WHEREAS, the Mayor and Council, held a public hearing on May 4, 2021, on the proposed annexation and zoning of the property described in Section 2 below, as required by Section 67-6525, Idaho Code, and determined that the requested annexation should be granted and that the annexed property should be zoned Residential with a Development Agreement (R-1-DA) pursuant to the Unified Development Code of the City of Star. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR, IDAHO, as follows: Section 1: The Mayor and Council of the City of Star, Idaho, hereby find and declare that the real property described in Section 2 of this Ordinance is contiguous to the City, that said property can be reasonably assumed to be used for orderly development of the City, that the owner(s) of said property have requested, in writing, annexation of said property by the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied. Section 2: The real property, described in the attached “Exhibit situated in Canyon County, Idaho, is hereby annexed into the City of Star. From and after the effective date of this Ordinance, the residents and other occupants and property owners within such area shall enjoy all ---PAGE BREAK--- the rights and responsibilities and shall be subject to all ordinances, resolutions, police regulations, taxation and other powers of the City of Star as their fellow residents, occupants, and owners within the City of Star. Section 3: The zoning land use classification of the land described in Section 2 above, is hereby established as Residential with a Development Agreement (R-1-DA), as provided by the Unified Development Code of the City of Star. The Zoning Map of the City is hereby amended to include the real property described in Section 2 above in the Residential with a Development Agreement (R-1-DA) land use classification. Section 4: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Canyon County, Idaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 5: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code maybe be published. DATED this day of 2021. CITY OF STAR Ada and Canyon County, Idaho BY: ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk ---PAGE BREAK--- EXHIBIT A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- DEVELOPMENT AGREEMENT LORAN ESTATES SUBDIVISION This Development Agreement ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and Gary L and Kathleen A Olson, hereinafter referred to as "Owner". WHEREAS, Owner owns a parcel of land of approximately 10.53 acres in size, currently located within Canyon County, zoned AG and more particularly described in Exhibit A of Ordinance 338, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Owner has requested that the Property be annexed into the City and developed in accordance with the applicable ordinances and regulations of the City and this Agreement; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, Owner desires to be assured that it may proceed with allowing its Property to be rezoned in accordance with this Agreement; WHEREAS, the parties agree to the zoning designations for various parcels within the Property to be rezoned in accordance with this Agreement; WHEREAS, Owner filed with the City of Star, a Request for Annexation and Rezone of the Property and Zoning of R-1-DA, as File No. AZ-21-02, so that the City can review all the applications affecting the use and development of the Property in an integrated manner consistent with the City's Comprehensive Plan and land use ordinances; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, the City and Owner, for and in consideration of the mutual covenants, duties and obligations herein set forth, hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. ---PAGE BREAK--- Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. As to the Parcel shown on Exhibit A, Owner is allowed to develop 10.53 acres as follows: • Zoning Classification: The zoning classification shall be a R-1-DA. • The Owner shall comply with all city ordinances relating to the property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat/Final Plat, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 4 single-family residential lots. 2.4 Setbacks. The development shall follow the setbacks required in the R-1 zoning district for the Residential Uses. 2.5 Additional Requirements: • Canyon Highway District #4 Impact Fees shall be determined at the time of each building permit; • All residences in the subdivision shall have access to the pond area. 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the $2,690.00 traffic mitigation fee determined, or revised, by the Idaho Transportation Department as follows: the Developer will pay the City $896.66 per new buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fail to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. ---PAGE BREAK--- 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by Owner before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. Owner shall provide an affidavit agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit is incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein. This Agreement may be modified or terminated by the. Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the City and Owner, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest ---PAGE BREAK--- by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 Owners: Gary L & Kathleen A Olson 23307 Can Ada Road Star, Idaho 83669 7.5 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto of a fully executed copy of this Agreement. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. ---PAGE BREAK--- Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- OWNER: Gary L. Olson Kathleen A. Olson STATE OF ) ) ss. County of ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Gary L & Kathleen A Olson, known or identified to me to be the persons who subscribed their names to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for State of Residing at: My Commission Expires: ---PAGE BREAK--- BEFORE DIGGING, CALL DIGLINE AT 1-[PHONE REDACTED] CK ENGINEERING N S W E PP1.0 - VICINITY MAP - PROPERTY OWNER ENGINEER SURVEYOR NOTES: P R O F E S S I O N A L E N G I N E E R C H A D S . K I N K E L A S T A T E O F I D A H O R E G I S T E R E D 9412 LEGEND PRIVATE ROAD SECTION EXHIBIT B ---PAGE BREAK--- Ordinance 339-2021 Amending Mayor’s Pay – Page 1 of 1 ORDINANCE 339-2021 AN ORDINANCE OF THE CITY OF STAR, ADA AND CANYON COUNTIES, IDAHO, AMENDING TITLES 1-5-5 OF THE STAR CITY CODE ADJUSTING THE SALARY OF THE MAYOR, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Star, Idaho, is a municipal corporation organized and operating under the laws of the State of Idaho, and WHEREAS, the City of Star, Idaho, has the authority to make and amend all such ordinances not inconsistent with the laws of the state of Idaho as may be expedient to maintain the peace, good government and welfare of the city and its trade, commerce and industry, and WHEREAS, the City of Star, Idaho, seeks to compensate the mayor at full-time status; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF STAR, IDAHO, AS FOLLOWS: Section 1: Title 1, Chapter 5, Section 5-A-1 of the Star City Code, COMPENSATION AND BENEFITS, is hereby amended in part, as follows: 1-5-5: SALARIES COMPENSATION AND BENEFITS: A. SalariesCompensation: Commencing January 1, 2021, 20182022, the salaries compensation of the Mayor and of the members of the Star City Council shall be as follows: 1. The Mayor shall receive an annual salary in the sum of forty one-hundred thousand dollars ($40,000.00 $100,000.00); and Section 2: This Ordinance shall be published once in full and shall take effect and be in force from and after its passage, approval, and publication. DATED this day of 2021. CITY OF STAR, IDAHO By: ATTEST: Trevor Chadwick, Mayor Jacob M Qualls, City Clerk