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1 Star City Council Meeting Minutes The regular meeting of the Star City Council was held on August 19, 2014 at the Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Nathan Mitchell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Council persons Tammy McDaniel, Richard Lockett, Tom Erlebach were present; Chad Bell was absent. Approval of the Agenda: Erlebach moved to approve the Agenda, McDaniel seconded the motion. All aye: motion carried. Consent Agenda: McDaniel moved to approve the Consent Agenda consisting of Meeting Minutes of August, 2014, Lockett seconded the motion. All aye: motion carried. Presentations/Public Input: BCA Presentation – Dave Yorgason - See attached presentations. Councilman Chad Bell arrived at 7:10 pm. Public Input - No public input was given. Old & New Business: Public Hearing - Comprehensive Plan Map Amendment, Annexation & Zoning for the McLeod Property: The Mayor reviewed the public hearing process for the public. The Mayor explained there were three applications before the Council tonight; the Comprehensive Plan Map Amendment will be first followed by annexation and then zoning. The Mayor declared the public hearing open and asked Council for any exparte’ contact or conflicts of interest, hearing none the Mayor asked the applicant to speak. Applicant: Tamara Thompson, The Land Group, 462 E. Shore Drive, Ste. 100, Eagle, Idaho stated that she was asking for approval of the Comprehensive Plan Map Amendment, annexation and zoning. Thompson stated that there are two parcels, 10305 and 10393 Floating Feather Road (Thompson pointed to the parcels on the map). The property closest to Floating Feather is a ten acre parcel and the other one is 31 acres. They are located west of Plummer Road and south of Floating Feather Road. The properties are currently zoned RUT in Ada County, but are in Star’s Area of Impact. The Comp Map has them as low density residential. They are requesting medium low density. There is an error in the staff report stating that they are asking for medium density. Thompson pointed out the surrounding properties zoning designations. Thompson stated the preliminary plat is not before you tonight, but she showed the layout. The largest lots are to the east and match up to the Claymont properties. They did do the larger lots to the east and smaller lots to the north. There is diversity to the property. There is a center park and it will have amenities. There are two existing homes and will remain and become part of the subdivision. Some of the outbuildings will be removed. Sewer and Water is available and their application is being processed. Thompson stated that the application meets the intent of the Comprehensive Plan and the Unified Development Code. ---PAGE BREAK--- 2 Staff: Ward stated that Thompson is correct there was an error as to medium – low density. Ward stated that several letters have been received from the public and are in front of the Council. The Mayor will acknowledge the letters that were received. Lockett asked about the land discrepancy. The Mayor stated that there is a discrepancy between the properties of Rockbridge and this property. Title companies have to issue clear titles. There are two deeds and there are still discrepancies. The Mayor believes the property has been closed on and this portion of land has been left out of the property that we are acting on. The Mayor read the authors of the letters that were sent in: - Mark Smidt - Paul Skinner - Darrel Gazzola - Troy Supp - Jimmy & Mindy Lin - Reno & Deborah Gazzola - Ryan Heiner Public Input: Doug Dochnour, 9915 Patmore, Star, stated that his property is 50 yards from this property. Dochnour stated that six weeks ago he was on the council in John Day and has been a councilman in Orofino. He is now retired and living in Star. Dochnour stated that he has not yet heard a compelling reason to change the Comp Plan map. When he was looking for places for a home, he liked the larger lots in Yellowstone. He doesn’t see cramming the same houses on this parcel, it will increase the traffic on Floating Feather and increase traffic on their road. There is a value to the quietness. Dochnour stated that we need to respect the people that worked on the Comp Plan and there needs to be a compelling reason to throw their work out. Mike Appleford, 9874 W. Patmore, Star, stated that his property is in the same proximity to this property. He is concerned with the higher density, and the quality of life will be impacted by higher density. Appleford stated that Floating Feather is a small road fed by two other smaller roads. There will be an impact of that high of density, it will impact sewer water and gas, and will have a severe impact on Idaho Power. He likes the quality of life and sees no compelling reason to go with higher density. Karen Walls, 9923 W. Shumard, Star, stated that roads cannot bear construction traffic and there are small children in this area. It was appealing to her to come to Star for the larger lots and she treasures it. Construction is a major concern. Michelle Wilkey, 1999 N. Willow Glen Place, Star, stated there is a better quality of life here, they were in Meridian and chose Star for that reason. Wilkey does not believe there is a good reason to change the designation. Wilkey asked Council if they don’t deny it to table it and give more time to citizens to come out and talk. Please take it very seriously. Robert Lewis, 9950 W. Patmore Court, Star, thanked Council for everything Council has done for Star. His property is adjacent to this development. He has concerns going from low density to higher density. He moved from Meridian where you could reach out and shake hands with his neighbors and moved to Star to get away from that. He can appreciate the traffic, going down Plummer to turn onto State Street, the traffic would increase. He hasn’t heard from anyone addressing traffic. The quality of life ---PAGE BREAK--- 3 would be the same if the zoning was left as they would have one neighbor, but will be dealing with more neighbors which increases conflicts. He does hope and wants Council’s consideration for leaving it zoned as it is. Development is coming, but he likes the field behind him. He would like the zoning to be left as is. Ken Gorton, 1528 Hornbeck, Star stated that changing this proposed parcel to the medium low density is not consistent with the surrounding area. Traffic will affect Floating Feather Road and will affect the Claymont Subdivision. It could mean that traffic would come through Claymont and both sides of this property are zoned R2, this one needs to be. The Comprehensive Plan calls for it and there is no compelling reason to change it. Mike Carpenter, 1905 N. Willow Glen Place, Star, stated that he is from a state that went to high density and he is in law enforcement. Every time that community went to high density the crime went crazy. He moved to Idaho and doesn’t want to be in California. Paul Van Steeter, 9811 Patmore, Star stated that he has COPD and is in the final stages. He moved here because of that. His is a different situation; we don’t need the high density. He cannot move again. Jane Keyes, 9852 Golden Rain, Star, stated that she agrees with everyone. She moved here because the lots are bigger, she came from five acres. Keyes stated that it will be too much and asked why we would increase it. Tina Appleford, 9874 W. Patmore, Star, stated that she is from California and one of the reasons she moved here is because of the low density. People don’t work in this town. There were concerns about how many families and how will that be addressed for the school district. Steven Pleschke, 75 N. Union, Star, stated that the Comp Plan should be honored and we need to keep it that way. An audience member asked about the lots and the average acreage of the lots. It was explained that the R-4 zoning is four houses to one acre. Applicant Rebuttal: Tamara Thompson stated that she heard that there is no compelling reason for the Comp Plan change. The density of this application is 3.9 units per acre and is not high density. Thompson doesn’t believe that going from two to three is a big change. Ada County Highway District is reviewing the traffic right now and the applicant will pay their share for the roads. Connectivity to neighboring communities is required and they will have access to Floating Feather. The Ada County Highway District is looking at a turning access. The reason for the request is real estate market demand that dictates this project. This is an infill or donut hole project. They have 133 lots of which two are already existing. This development will be 30 houses per phase, it won’t be all at once and it would be phased. The largest lot is 10 to 17,000 square feet and they are adjacent to the R2 and smaller lots are next to Floating Feather Road. Thompson respectfully requests approval of the application. Council: Lockett asked if they have looked at keeping the property at the R-2 designation. Thompson stated that the applicant asked them to ask for R-4. Lockett asked how big would the houses be. Thompson stated that they would have to meet the R4 zoning setbacks. Thompson stated that the client is not in town tonight. ---PAGE BREAK--- 4 The Mayor closed the public hearing. The Mayor stated that the Council options are to approve the Comp Plan, annexation and zoning of R-4, deny the Comp Plan amendment and offer to annex and zone the property at the current zoning, deny the application or table it. Bell stated that the question is the Comp Plan map change. He realizes that we adopted it, but it was a long process with a bunch of people for a long time. Bell stated that quite honestly we have had little to no requests to change it because of already approved subdivisions. We have not had questions about changing it for a while. Bell stated that his gut reaction is that we need to review the Comp Map and make sure it’s what we want and if we don’t he doesn’t feel comfortable to change it at an applicant’s request. He understands market driven and doesn’t blame the applicant for asking for the change. Bell is not comfortable making changes for developers. His preference is to table it, if they don’t want to go with R2 then Council needs to look at the Comp Plan and see if we want to stick with it before we change it. His opinion is to table it unless they want to go with R2. Erlebach stated that he doesn’t think we need to table it, he would like to deny it. The applicant knew what it was zoned. He believes it is pocket driven, maybe market. Erlebach stated that traffic will be dealt with by ACHD and the same thing with the schools and it is not our choice. He thinks we should deny this and the applicant can ask for something else. Lockett stated that it is zoned R2 and we should leave it. McDaniel is in agreement with the other Council members. Times change and the Comp Plan is a living document and we’ve seen changes and not everything is guaranteed. Building growth is good when you have the right kind of growth. Her opinion is to either table or deny it and review the Comp Plan. There is a little bit of a mix of densities in this area and it is a pocket, McDaniel believes we should review that area. McDaniel moved to deny file no. CPA-14-01 and AZ-14-04, Locket seconded the motion. Discussion was to clarify the motion; we can deny the Comp Plan Map Amendment but table the annexation and zoning for the applicant to come back. They will have to make an additional application. Thompson would prefer the annexation and zoning be tabled. McDaniel withdrew her motion, Lockett withdrew his second. McDaniel moved to deny file no. CPA-14-01 Comprehensive Plan Map Amendment and table file no. AZ- 14-04 to the September 2, 2014 meeting, Lockett seconded the motion. All aye: motion carried. Ordinance No. 240 Budget Appropriations for 2014-2015 - McDaniel moved that pursuant to Idaho Code, section 50-902 the rule requiring an Ordinance to be read on three different days with one reading to be in full, be dispensed with and that Ordinance No. 240 be considered after reading once by title only, Lockett seconded the motion. Roll Call McDaniel, Lockett, Erlebach, Bell – all aye: motion carried. Bell moved to approve Ordinance No. 240, an Ordinance, to be termed the Annual Appropriation Ordinance of the City of Star, Idaho for the fiscal year commencing October 1, 2014, and ending on September 30, 2015, appropriating sums of money in the aggregate amount of $3,505,747.00 to defray all necessary expenses and liabilities of the City of Star for said fiscal year; specifying the object and purposes for which such appropriations are made and the amount appropriated for each object and ---PAGE BREAK--- 5 purpose; authorizing the certification to the County Commissioners of Ada and Canyon Counties, Idaho, the amount of $922,962.00 property taxes to be levied and assessed upon the taxable property in the City; providing for the filing of a copy of this Ordinance with the offices of the Idaho Secretary of State as provided by law; providing for publication; and providing an effective date, Lockett seconded the motion. Roll Call: McDaniel, Lockett, Erlebach and Bell – all aye: motion carried. Resolution 2014-08 Law Enforcement & Prosecuting Attorney – McDaniel moved to approve Resolution No. 2014-08, A resolution of the City of Star, Idaho approving an agreement between the Ada County Sheriff’s office, the Ada County Prosecuting Attorney’s office and the City of Star for law enforcement duties, services, and functions as well as prosecution services within its boundaries; and providing for an effective date, Lockett seconded the motion. All aye: motion carried. Reports: Staff – Nothing Council – Lockett stated he attended the Fire District meeting. Erlebach stated he attended the movies under the stars and thanked Ron and Kim for their work. Bell stated that he attended the Highway 16 Ribbon Cutting. There is a Valley Regional Transit meeting tomorrow. Mayor stated that he had nothing to report. Adjournment: The Mayor declared the meeting adjourned at 8:37 pm. Approved: Nathan Mitchell, Mayor Respectfully submitted: Cathy Ward, City Clerk