Document Star_doc_c6d91f3a9a

NOTICE OF STAR CITY COUNCIL MEETING Star City Hall June 2, 2020 7:00 pm AGENDA 1. CALL TO ORDER (Welcome/Pledge of Allegiance) 2. ROLL CALL 3. APPROVAL OF AGENDA (Approval of Agenda as it stands/Amend Agenda) Action Item 4. CONSENT AGENDA Action Items *All matters listed within the Consent Agenda have been distributed to each member of the Star City Council for reading and study, they are considered to be routine, and will be enacted by one motion of the Consent Agenda or placed on the Regular Agenda by request. A. Regular Meeting Minutes of September 3, 2019 B. Claims Against the City for May 2020 C. Final Plat – Greiner’s Hope Springs Subdivision, Phase 1 (FP-20-09) 5. PRESENTATION – Bob McQuade, Ada County Assessor 6. OLD/NEW BUSINESS Action Items A. Public Hearing: Ryken Meadows Subdivision (AZ-20-08/PP-20-08/FP-20-10/PR-20-02) B. Public Hearing: Moon Valley Estates Subdivision (AZ-20-06/DA-20-02/MOD/PP-20-03) C. Public Hearing Moon Valley Commons Subdivision (PP-20-05/DA-20-02 MOD) 7. REPORTS 8. ADJOURNMENT Action Item *Limited seating will be available for the public to attend the City Council Meeting at City Hall due to COVID-19. The meeting can be viewed via a link posted to the City of Star website at staridaho.org. This link will be posted by Tuesday, June 2, 2020. Information on how to attend and participate in the public hearing remotely will be posted to the City of Star website, staridaho.org. The public is always welcome to submit comments in writing* ---PAGE BREAK--- MINUTES 9-3-19 1 Star City Council Meeting Minutes September 3, 2019 The regular meeting of the Star City Council was held on September 3, 2019 at 7:00 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Chad Bell called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, Trevor Chadwick, and Kevin Nielsen were present. Approval of the Agenda: Chadwick moved to approve the agenda, Keyes seconded the motion. All ayes: motion carried. Consent Agenda: Chadwick moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of August 20, 2019 and Claims against the City for August 2019, Keyes seconded the motion. Keyes asked for an explanation for the $5875.00 charge for ALC Architecture and the $3906.25 charge for Calyx-Weaver & Associates. Chadwick explained the charge for ALC Architecture was for preliminary plans for the Community Rec Event Center and Calyx-Weaver is for the HR consultant they have hired. All ayes: motion carried. Presentations/Public Input: Boise River Enhancement - Zack with Boise River Enhancement Network (BREN), noted the Boise River is a priceless treasure for the Treasure Valley and we are battling with the health of the river. The primary purpose of BREN is ecological enhancement of the river and their vision is a healthy Boise River that enriches the quality of life of those who live in the watershed. They help stakeholders with projects that enhance wetland, riparian habitat and wildlife in the community and look forward to working with Star. Michael Olmsa, Chairman of the BREN Coordinating Team, explained one of the first things the BREN team did was a study of the river to understand its current condition and what it can provide. Four key issues they looked at was the geomorphology or the physical shape of the river, the fisheries and aquatic habitat, the wetland and riparian habitat, and the water quality. Part of this plan identifies items that can be improved and BREN works with municipalities and landowners to improve their habitats. He noted now is the time to focus on the river to work with water quality and the eco system and encouraged the City to sit down with them to see what they can do to benefit the river. Susan pointed out they are all volunteers in the organization and their plan is on their website for review. They were invited here to answer the question what can Star do. One thing is to help BREN provide some education to the citizens. Secondly she urged them to think about how they can stop people from building in the river and along the floodplains to protect them from flooding. They can work with the City on floodplain protection. Keyes noted he felt they would be a great group for them to get involved with and use in an advisory capacity. ---PAGE BREAK--- MINUTES 9-3-19 2 Nielsen mentioned they take into consideration in their ordinances the floodplain and asked if there was anything Star currently has or does not have that would be detrimental to the Boise River or are they just here to explain what they do and are about and want to work with us. Susan stated more of the latter and noted they have not read through the City's ordinances and don't know anything specific regarding setbacks and building guidelines in floodplain. Olsma noted they need to look at more than just lines on a map; they need to be aware the river moves out of the floodplain. Committee Reports – Jennifer Salmonsen, stated the Economic Development Committee did not meet in August due to a mix up with keys to City Hall and they could not get in. They will be meeting next Wednesday. Mike Olsen, Chairman of the Beautification and Community Relations Committee, stated in regard to the dog park they have received communication with Keyes and Chadwick and they should get together to get on point on what direction to go. He thanked everyone who attended the Star Merc Recognition ceremony. The Make Star Shine Day is scheduled for October 16. The quarterly recognition plaque at City Hall needs to be updated and he wondered who is responsible for doing this. Olsen extended an invitation to everyone to attend the next Saturday Market this coming Saturday. Public Input - Richard Linhart, 484 S. Devon Avenue, Star, Idaho, stated he had proposed a model bee ordinance to the City and wondered where it stands. Legal Counsel, Chris Yorgason, stated he has been researching information for the ordinance and should have it to the Council for the next meeting. Old/New Business: Moon Valley Development Agreement Discussion – Mayor Bell asked City Planner, Shawn Nickel, to lead the discussion. Nickel stated they worked with the developer and got the wording for the pathway easements in place. Another outstanding item was having multifamily use be an allowed use and not a conditional use. He wanted to make sure the Council was comfortable with this. Mark Tate, 1087 W. River Street, Suite 310, Boise, Idaho gave some background on the project, recapped where the project is and noted it included a Comp Plan amendment requesting the various zonings placed on the property be changed to mixed use with a development agreement. He pointed out Nickel is referring to the land-use table in the appendix of the development agreement as to what the allowable uses are in the mixed-use area. Not having the development agreement could create a lot of uncertainty for residents. He noted the development agreement also addresses greenbelt access, dark sky lighting and a reserve study. Concern was expressed with multi-family being a permitted use and with the density. Nickel noted they will still have to do zoning certificates to make sure they are in compliance with City ordinances. Nielsen noted recalling they discussed they would need to come back later to discuss; and by having them conditionally approved the Council will have a chance to review and possibly condition. Tate noted they would have to meet the zoning ordinance conditions and ---PAGE BREAK--- MINUTES 9-3-19 3 there would be design review. Nielsen stated by taking away the conditional use process it could leave them open to do whatever they wanted. The idea is for them to bring a design to the City, they review it and at that time may place additional conditions if required. Keyes stated he recollected the Council desired some commercial on that part of the property and if they allow mixed-use from the get-go it has been his experience if they have the option to do high density over commercial, they opt to come back with high density. He stated he would like to revisit having some commercial on the property. Council and Tate further discussed the mixed-use zoning, the possibility of multi-family, the need for commercial and that the applicant was to bring back a plan for review. It was noted the preliminary plat did not cover this portion of the property; but a development agreement and the zoning applies to the entire property. It was decided to review the transcript of the previous discussion, have legal counsel review the process, and have multi-family be a conditional use. Public Hearing: Tarrytown Subdivision (PP-19-04/FP-19-08) - Mayor Bell explained this application for a commercial lot requesting to be split into two commercial lots. The NAPA Auto Parts is already on the west pad. Mayor Bell asked the Council if they had any exparte contact or conflicts of interest; hearing none he declared the public hearing open. Applicant: McDaniel, Accurate Surveying and Mapping, 1602 W. Hayes Street, Boise, Idaho stated she is the planner on this project. The property is located at 11449 W. State Street, is 1.18 acres in size, current zoning is C2, and their pressurized irrigation will tie into the Bi- Mart lot. They are asking to have the original lot split into two lots, with the NAPA Auto Parts currently being built on the west lot. Parking was discussed and whether there was a shared agreement with Bi-Mart. McDaniel stated she would need to check into whether there was an agreement. Public Testimony: Brian Watt, 350 N. 9th Street, Boise, Idaho stated he is with Rocky Mountain Management, who are a part of NAPA Store LLC. He stated that to his recollection they had to self-park for the two lots; that there was no cross-parking agreement with Bi-Mart. Mayor Bell closed the public hearing and Council moved to deliberations. Chadwick motioned to approve Preliminary Plat PP19-04 and Final Plat FP19-08 for the Tarrytown Subdivision with the conditions listed in the staff report, Hershey seconded the motion. Keyes stated he would like it clarified with City staff regarding the parking and make it a condition of approval that parking is covered. Nickel stated he would check into the parking and make sure there is a cross access easement appropriate for this site. All ayes: motion carried. Public Hearing: Stonecrest Subdivision (AZ-19-06/PP-PUD-19-01) - Mayor Bell asked the Council if they had any exparte contact or conflicts of interest; hearing none he declared the public hearing open. Nickel pointed out they did not have a staff report from ACHD at this time and he had suggested Chris Todd move forward with his presentation, knowing a decision would probably not be made tonight, in case the Council had additional items for him to bring back. ---PAGE BREAK--- MINUTES 9-3-19 4 Applicant: Chris Todd, 53 N. Plummer Road, Star, Idaho noted the property is contiguous to the City limits through the Pinewood Subdivision. They will have services with the Star Sewer and Water District at Bridger Bay and that will extend to CanAda Road. Todd stated they have met with ITD and ACHD, have made the changes they requested, and been given verbal approval for an approach permit. He has been in communication with the Fire Department, Chief Timinsky, regarding a second emergency access point. Todd explained the Comp Plan designated this area as commercial and explained they are requesting a PUD due to design restraints. The Pinewood Subdivision was concerned with high density and wanting them to match their homes to what is next to them. They are proposing to have a variety of housing types and various setbacks. Todd noted they are looking at having five acres of commercial along State Street and reviewed possible building styles. He reviewed the proposed preliminary plat with commercial up front, townhouses in the middle, and single-family residents to the side and back. They felt this was the best plan for having buffering to the commercial. Discussion was held regarding ITD not having a report yet and the possibility of CanAda tying into this property. Todd stated in their discussions with ACHD they indicated they will not be extending CanAda past State Street due to the Lawrence Kennedy Canal, Idaho Power’s property to the west and due to the expense. Todd was asked if they would be putting in sidewalks along Highway 44 after which a discussion regarding open ensued and Todd explained the possibility of a sidewalk running from the north-west corner to basically the intersection in Stonecrest and throughout the property and eventually connect to Pinewood at Highbrook. Discussion held regarding increasing open space, connectivity of trails, buffer areas, fencing and their working with the irrigation company regarding what they may allow done with the ditch. They will look to present a plan for the next meeting following Council suggestions. Public Testimony: Dan Sample, 12080 W. State Street, Star, Idaho encouraged the Council to delay approving as he would like to see at least half of the property be commercial, see the ingress/egress moved farther east to be at the halfway point of the property, and they need to contact the Middleton Mill Irrigation and work out what can be done with that lateral as it appears to be underneath their triplexes. More than likely the irrigation company will want the lateral left open to catch access irrigation water. Also, they need to update their residence mailing list as he lives across the road and was not notified of any meetings. Rebuttal: Todd stated he has met with the ditch rider but not with the board regarding the lateral. He explained how the lateral flows and made assurances everyone will get their water. He stated their initial plan was to put that water into a pond and pump from it for pressurized irrigation to this property. He assured everyone they would be meeting with Middleton Mill Irrigation to work out details. He explained the access to the property was actually moved west due to comments from ITD and ACHD. They plan to have a cross access parking agreement between the two commercial lots. Todd stated he will make sure Sample is on their notification list. There was discussion regarding the design of the entry way and Todd stated ITD would require them to improve five-hundred feet in both directions and did not want them to put in an island. Keyes asked about the timing of the commercial. Todd stated the developer plans to build commercial on lot 2 concurrently with residential. They are looking to sell the other lot to be developed by another developer. Keyes asked if they would be bringing in enough fill to match the grading with Pinewood. Todd stated he was not sure they would match but they will be looking at raising the grade above the floodplain. Keyes reviewed some of the provisions in the new Comprehensive Plan regarding the Central Business District and felt the plan didn’t ---PAGE BREAK--- MINUTES 9-3-19 5 quite meet the guidelines and he particularly wanted to address pedestrian and bicycle access. Todd explained some possibilities and some of the areas where they have planned access and noted it was not suitable to cross the highway at this time due to no signal. Todd addressed concerns for putting apartments on the second story of the commercial buildings versus commercial on the second story and explained parking can become an issue and would the market in Star accept this type of plan. It is something they are willing to consider and suggested possibly putting something in the development agreement or make a condition that if they can’t get these places leased for market rents that they would be allowed to do some sort of live/work. Discussion held regarding the amount of ground for commercial versus residential and Todd pointed out the commercial is actually more than the residential. Todd noted Pinewood Lake residents asked for a buffer between their residential and the commercial, so they are proposing triplexes and then single-family residences against patio homes in Pinewood. Council reiterated their concern that this is a major commercial corridor and they would like to see more commercial; following discussion Todd stated he would have to discuss with the owner. Chadwick moved to table this application till the second meeting in September, which will be September 17, 2020, Nielsen seconded the motion. Keyes wanted to clarify to Todd that they are looking for them to redesign the entrance to be more like a parkway entrance, to possibly have some alignment with ITD regarding the sidewalks, it be more of a bicycle community, they work with Pinewood Lake neighbors for access for them to fix their backyard slopes, they work with City staff on an architectural overlay district, and Council wants to see staff reports from ITD and ACHD. All ayes: motion carried. Public Hearing: Star Storage Conditional Use Permit (CU-19-11) - Mayor Bell asked the Council if they had any exparte contact or conflicts of interest; hearing none he declared the public hearing open. Applicant: Drew Newnham, 549 S. Star Road, Star, Idaho stated they purchased the ground to the north and would like to expand the existing Star Storage RV parking to meet the demand. The RV parking will be as far back as possible from the road and up against the sewer treatment plant. Chadwick asked Newnham if he had seen the Fire Department letter regarding fire hydrants. Newnham stated he would work with them. Public Testimony: No one from the public spoke. Mayor Bell closed the public hearing and Council moved to deliberations. Nielsen moved to approve file CU-19-11 a Conditional Use Permit for Star Storage, Chadwick seconded the motion. All ayes: motion carried. Ordinance No. 294 2019-2020 Appropriations - Hershey 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. 294 be considered after reading once by title only, Nielsen seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. ---PAGE BREAK--- MINUTES 9-3-19 6 Chadwick moved to approve Ordinance No. 294, an Ordinance to be termed the Annual Appropriation Ordinance of the City of Star, Idaho, for the fiscal year commencing October 1, 2019, and ending on September 30, 2020, appropriating sums of money in the aggregate amount of $5,109,132.00 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 purpose; authorizing the certification to the County Commissioners of Ada & Canyon Counties, Idaho, the amount of $1,306.208.00 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 office of the Idaho Secretary of State as provided by law; providing for publication; and providing an effective date, Keyes seconded the motion. Keyes noted in Section 3 it shows as 2010 fiscal year and should be 2020 fiscal year. All ayes: motion carried. Resolution 2019-08 Law Enforcement/Prosecuting Attorney Agreement - Chadwick moved to approve Resolution 2019-08 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, Nielsen seconded the motion. All ayes: motion carried. Ordinance No. 295 Amended Flood Plain Ordinance - Nielsen moved that pursuant to Idaho Code Section 50-902 the rule requiring an Ordinance to be read on three different days, with one reading to be in full, be dispensed with and that Ordinance No. 295 be considered after reading once by title only, Hershey seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Nielsen moved to approve Ordinance No. 295, an Ordinance of the City of Star, Idaho, a municipal corporation of the State of Idaho, amending Star City Code Title 10, "Flood Control", Article III Section B: Basis for Special Flood Hazard Areas; to include Ada County; amend recreational vehicles temporary placement; providing for severability; and providing an effective date, Keyes seconded the motion. Chadwick clarified they are changing “and” to “or”. All ayes: motion carried. Ordinance No. 296 Iron Mountain Estates - Hershey 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. 296 be considered after reading once by title only, Keyes seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Hershey moved to approve Ordinance No. 296, an Ordinance annexing to the City of Star certain real property owned by Todd Campbell Construction, located in the unincorporated area of Ada County, Idaho, and contiguous to the City of Star; generally located at the northeast corner of Pollard Lane and Floating Feather Road in Star, Idaho; Ada County parcel number R7747350650; establishing the zoning classification of the annexed property as residential (R3) of approximately 15.64 acres; directing that certified copies of this ordinance be filed as provided by law; providing for related matters; and providing an effective date, Keyes seconded the motion. Hershey, Keyes, Chadwick ayes, Nielsen nay: motion carried. ---PAGE BREAK--- MINUTES 9-3-19 7 Reports: Council: Chadwick made Council aware they have met with Ada County Highway District and are still trying to work out days to do a field trip out here. Hershey state he had met with the solid waste folks at the landfill and did a tour. Chief Vogt reminded the Council the Sheriff's Department is updating their mobile computers and will be rotating cars around as they try out three different computer systems. The new parking ordinance has been in place for a few weeks and they are working on educating citizens before they start issuing citations, which now has more teeth. He discussed City fines and stated he is working with Ward on having a flat fee plus court costs. This will make it easier for officers issuing citations. Mayor: Mayor Bell reported he attended the Treasure Valley Partners meeting and they talked about drug enforcement being prosecuted through the Federal system and this is would be a model for other states. He attended the COMPASS Board of Directors meeting and they voted to accept the Air Quality Board as part of COMPASS. The Mayor reminded everyone of the meeting this coming Thursday with the Ada County Commissioners. Adjournment: The Mayor adjourned the meeting at 9:20 pm. Approved: Respectfully submitted: Charlten Bell, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- FALLBROOK No 2 SAILING HAWKS SUBDIVISION SUBDIVISION ROSELANDS SUBDIVISION 13 14 8 9 10 11 12 15 16 17 18 W W W W W W W S U N. ROSELAND WAY N. WILD CLOVER AVE. W. SAILING HAWK DR N. NEW HOPE ROAD N. PENNY LAKE AVE. PRELIMINARY PLAT GREINERS HOPE SPRINGS SUBDIVISION “ ” PI ---PAGE BREAK--- PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI PI ROSELANDS SUBDIVISION FALLBROOK No 2 SAILING HAWKS SUBDIVISION SUBDIVISION 13 EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EG EP EP EP EP EP EP EP FOOTHILL DITCH ● ● ● ● ● ● ● ● EP EP EP EP EP EP EP EP EP EP HOSE BIB HOSE BIB HOSE BIB 14 11 12 15 16 S S S S S S S S S S S S SD S S S S S S S W W W S S S S S S S S S S S S S W W W W W W W W W W S S W W. SOARING HAWK ST N. PENNY LAKE AVE. W. TERATAL CT N. CHERRY LAUREL PL. W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W. HE LIOPS IS DR. N. WIL D W. AMSONIA DR N. PENNY LAKE AVE. CLOVER AVE. N. WATERSHED AVE. W. HELENIUM DR W. SOARING HAWK ST N. WATERSHED AVE. W. TRILOBA DR N. WILLOW GLEN AVE. N. ROSELAND WAY W. SAILING HAWK DR SD SD W. TRI LOBA DR N. PENNY LAKE AVE. W. LILIUM ST W. COREOPSIS DR N. WILD CLOVER AVE. N. ROSELAND WAY W. NEW HOPE ROAD W. CAMPANULA DR. W. CAMPANULA DR. PRELIMINARY PLAT GREINERS HOPE SPRINGS SUBDIVISION ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- FILE # FP-20-09 GREINERS HOPE SPRINGS SUBDIVSION FINAL PLAT PHASE 1 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: June 2, 2020 FILE FP-20-09 Greiner’s Hope Springs Subdivision Phase 1 REQUEST The Applicant is seeking approval of a Final Plat for Greiner’s Hope Springs Subdivision Phase 1. The phase is located on the northern side of the approved preliminary plat, at the southwest corner of W. New Hope Road and N. Wild Clover Avenue in Star, Idaho. The subject property is generally located on the south side of W. New Hope Road, approximately 1,600 feet east of N. Munger Road in Star, Idaho. Ada County Parcel Number is R76268000015. APPLICANT/OWNER/REPRESENTATIVE Owner/Applicant: Green Village 2 Development Tucker Johnson 372 S. Eagle Road Suite 328 Eagle, Idaho, 83616 PROPERTY INFORMATION Land Use Designation: Residential (R-4) Acres: 11.41 Acres Residential Lots: 38 Common Lots: 8 Commercial: N/A Total Residential Units 38 Units ---PAGE BREAK--- FILE # FP-20-09 GREINERS HOPE SPRINGS SUBDIVSION FINAL PLAT PHASE 1 2 HISTORY • On April 18, 2006, the City Council approved an annexation and zoning (AZ-06-06) for parcel no. R7626790405 containing 11.17-acres with a zoning designation of R-3. • On August 20, 2019, the City Council approved annexation and zoning, development agreement and preliminary plat for Greiner’s Hope Springs Subdivision (AZ-19-05/DA- 19-06/PP-19-03). GENERAL DISCUSSION The Applicant is requesting approval of the Final Plat for phase 1 of Greiner’s Hope Springs Subdivision consisting of 38 residential lots and 8 common lots. The approved Preliminary Plat consists of 252 single family residential lots and 18 common lots. There are two existing dwellings that will remain and be platted as individual lots. The residential lots range in size from 5,000 square feet to 29,345 square feet (existing dwelling lot), with an average lots size of 6,885 square feet. The applicant has indicated that the development will contain a total of 11.62 acres (18.5%) open space. Although the application was submitted prior to the adoption of Ordinance 290 requiring a minimum of 15% open space, 10% usable, the applicant has provided 13.5% (8.49 acres) more open space than the required 5% in the Code that was relevant at the time of submittal of the application. Staff has interpreted and calculated the total usable open space provided as 7.4 acres, or 11.8% usable. This amount excludes drainage areas*, although the drainage areas are designed as grassed areas will minimal slope. Staffs calculations do include the planting strips along the roadways for the proposed detached sidewalks. *Adding the drainage areas would increase the usable open space to 8.97 acres The Unified Development Code in affect at the time of approval required one site amenity for each 20-acres of development area (total of 3 amenities required). Proposed amenities within the development include the following: • Quality of Life Amenities – Proposed pathway system, seasonal stream and ponds with waterfalls, benches, community gardens, hanging flower baskets • Clubhouse for gatherings and private events and with Parking Lot • Additional Open Space in excess of 5% (as required by Code in affect at time of submittal) • Detached 5’ sidewalks with 8’ landscape strips • Usable landscaped storm water detention areas The applicant submitted a Development Agreement with the annexation and rezone application. The purpose of this agreement is to establish certain development standards (setbacks, density, phasing) that the applicant is seeking while conditioning specific aspects of the development, ---PAGE BREAK--- FILE # FP-20-09 GREINERS HOPE SPRINGS SUBDIVSION FINAL PLAT PHASE 1 3 such as amenities, that the applicant agrees to provide. The Development Agreement was not signed and recorded as part of Ordinance 298 for the annexation and zoning. As a condition of approval for Phase 1 of the Final Plat, staff is requiring an executed document prior to occupancy of the first dwelling in the subdivision. Irrigation to the property will be provided by the Middleton Mill Irrigation District. The applicant has been working with the district. The ingress/egress will be taken from W. New Hope Road. The design shows several future street connections to adjacent properties, including connection to the currently developing Sailing Hawks and Fallbrook Subdivisions. The development received Specific Setbacks as Requested: Greiner Hope Springs Front Setbacks - 15’ for living area, 26’ to garage door (measured from property line) Interior Side Setback – 5 feet (for one and two story) Street Side Setback – 15 feet for dwelling 26 feet for garage Locations for decorative streetlights are reflected on the submitted lighting plan. Streetlight design has also been submitted and meets the intent of the City’s “Dark sky lighting” standards. No sign locations have been designated for this development. A sign permit application shall be submitted prior to any sign installation. If a pump house is proposed, a location needs to be called out on the site plans and identified in the “Notes”. Fencing is being proposed to be solid cedar or vinyl fencing along the boundary and within the subdivision with potential open fencing proposed between the residential lots and the central open space/common lots containing the streams. Any fencing shall reflect the Clear Vision Triangle regulations. All internal roads are proposed and shall be 36’ from back of curb to back of curb. The Applicant received a waiver from Council for exceeding the 750’ block for two blocks within this subdivision. The blocks that would be affected would be Block 1 and Block 7. The applicant indicated that the subdivision will develop in four to five phases. The applicant has requested flexibility in phasing in order to adjust the number of lots and combination of lots to reflect changing market conditions. ---PAGE BREAK--- FILE # FP-20-09 GREINERS HOPE SPRINGS SUBDIVSION FINAL PLAT PHASE 1 4 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 does not meet this requirement as submitted. A condition will be placed requiring submittal of a revised landscape plan be submitted for review prior to final plat signature. (Please see “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code.) The submitted final plat meets the conditions of approval for the approved preliminary plat application. SITE SPECIFIC DISCUSSION In review of the application, staff finds that per the Unified Development Code, the Amazon Falls Subdivision Final Plat, Phase 1, is in substantial compliance. The Unified Development Code states that the final plat shall be in substantial compliance with the approved or conditionally approved preliminary plat, notwithstanding the following changes: 1- The number of buildable lots is the same or fewer; 2- The amount of common open space is increased; 3- The amount of open space is relocated with no reduction in the total amount; 4- The number of open space lots has been increased; or 5- The transportation authority has required minor changes. AGENCY NOTIFICATIONS Notification of this application was sent to agencies having jurisdiction. The following agencies responded: March 16, 2020 Keller and Associates Approval Letter April 10, 2020 Central District Health Approval Letter FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve this Final Plat, the Unified Development Code requires that Council must find the following: A. The Plat is in conformance with the Comprehensive Plan. Staff finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no 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. ---PAGE BREAK--- FILE # FP-20-09 GREINERS HOPE SPRINGS SUBDIVSION FINAL PLAT PHASE 1 5 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 has not received information from agencies having jurisdiction reflecting any financial hardships that would prevent services from being provided. D. The development will not be detrimental to the public health, safety or general welfare; and, Staff has not received 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 changed from the approved Preliminary Plat of this subdivision. CONDITIONS OF APPROVAL 1. Applicant/Owner/Developer shall comply with all statutory requirements of all applicable agencies and Districts having jurisdiction in the City of Star, including the City Engineer. 2. The Final Plat shall comply with all received comments from the City Engineer prior to signature of the plat by the City. 3. The property shall be satisfactorily weed abated at all times, including future phases, preventing a public nuisance, per Star City Code Chapter 3, Section 3-1-1 through 3-1-7. 4. Mylar’s/final plats must include the statement supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45. 5. Development standards for single family residential units shall comply with effective building and zoning requirements at time of building permit issuance, unless otherwise approved. 6. The Mylar of this final plat shall be signed by the owner, Surveyor, Central District Health, ACHD and City Engineer, prior to being delivered to the City of Star for City Clerk’s signature. 7. All common areas shall be maintained by the Homeowner’s Association. 8. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Home Owners Association. Streetlights shall be installed prior to any building occupancy. 9. The Applicant/Owner shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See Section 8-4 B Landscaping Requirements.) A revised landscape plan shall be submitted to the City prior to signature of the final plat showing one tree per thirty-five (35) linear feet to be installed in the front yards of each residential lot. 10. The applicant shall provide the City with a written Certificate of Completion that all landscaping and amenities have been installed in substantial compliance with the City approved landscape plan. The certification shall be prepared by the licensed landscape architect responsible for the landscape plan. This certification shall be submitted prior to issuance of first certificate of occupancy. ---PAGE BREAK--- FILE # FP-20-09 GREINERS HOPE SPRINGS SUBDIVSION FINAL PLAT PHASE 1 6 11. A letter from the US Postal Service shall be given to the City prior to final Mylar signature stating the subdivision is in compliance with the Postal Service. 12. A form signed by the Star Sewer & Water District shall be submitted to the City prior to final mylar signature stating that all conditions have been met. 13. A sign application shall be submitted to the City for any internal or subdivision signs. 14. The applicant shall provide a sign, to be located at all construction entrances, indicating the rules for all contractors that will be working on the property starting at grading and running through home sales that addresses items including but not limited to dust, music, dogs, starting/stopping hours for contractors (7a.m. start time). Sign was approved and installed by the developer. The sign shall remain throughout construction. 15. Applicant shall provide the City with one full size copy, one 11”x17” copy and an electronic pdf copy of the as-built irrigation plans, prior to any building permits being issued. 16. Applicant shall provide the City with two full size copies, one 11”x17” copy and an electronic pdf copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 17. Applicant shall provide the City with one copy and an electronic pdf copy of the recorded CC&R’s, prior to any building permits being issued. 18. Applicant shall provide the City with one full size copy and an electronic pdf copy of the final, approved construction drawings, prior to any building permits being issued. 19. Any other conditions the Council deems necessary. COUNCIL DECISION The Star City Council File #FP-20-09 Greiner’s Hope Springs Subdivision, Final Plat-Phase 1 on 2020. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- landproDATA PDF 43°42'26.06" N 116°30'36.72" W Scale: 1 inch approx 600 feet Mar 05, 2020 - landproDATA.com The materials available at this website are for informational purposes only and do not constitute a legal document. Powered by ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: June 2, 2020 – PUBLIC HEARING FILE(S) AZ-20-08 Annexation and Zoning PP-20-08/FP-20-10 for Ryken Meadows Subdivision PR-20-02 Private Street OWNER/APPLICANT/REPRESENTATIVE Property Owner/Applicant: L-2 Development LLC Bill 25220 W. Deep Canyon Drive Star, Idaho 83669 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning (to Residential R-1), a Preliminary/Final plat and Private Street for a proposed residential subdivision consisting of 5, one-acre residential lots. The property is located on Foothill Road (address pending) in Star, Idaho (Canyon County), and consists of 5.2 acres with a proposed density of 1.04 dwelling units per acre. PROPERTY INFORMATION Property Location: The subject property is generally located on the south side of Foothill Road, approximately ½ mile west of Can Ada Road in Star, Idaho. Canyon County Parcel No. R33797010. Existing Site Characteristics: The property is currently vacant property. . Irrigation/Drainage District(s): - Farmers Union Ditch Company, P.O. Box 1474, Eagle, ID 83616 ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 2 Flood Zone: The development is located outside a special flood hazard zone per FEMA FIRM panel #16027C0259 G. Zone X. Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – No known areas.  Mature Trees – Yes.  Riparian Vegetation – No known areas.  Steep Slopes – No.  Stream/Creek – None.  Unique Animal Life – No unique animal life has been identified.  Unique Plant Life – No unique plant life has been identified.  Unstable Soils – No known issues.  Wildlife Habitat – No wildlife habitat has been developed or will be destroyed.  Historical Assets – No historical assets have been observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held February 28, 2020 Neighborhood Meeting Held December 3, 2019 Application Submitted & Fees Paid March 10, 2020 Residents within 300’ Notified March 20, 2020 Agencies Notified March 20, 2020 Legal Notice Published March 21, 2020 Property Posted May 21, 2020 HISTORY This property has not received any previous approvals from the City of Star. SURROUNDING ZONING/COMPREHENSIVE PLAN MAP/LAND USE DESIGNATIONS Zoning Designation Comp Plan Designation Land Use Existing Canyon County Rural Residential (RR) Neighborhood Residential Agricultural Proposed Residential (R-1) Neighborhood Residential Residential North of site Canyon County Rural Residential (RR) Neighborhood Residential Residential/Agricultural South of site Mixed (MU) Neighborhood Residential Agricultural ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 3 East of site Canyon County Rural Residential (RR) Neighborhood Residential Residential/Agricultural West of site Canyon County Rural Residential (RR) Neighborhood Residential Residential/Agricultural ZONING ORDINANCE STANDARDS / 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 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: ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 4 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. 8-3B-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in a Residential district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. In zoning designations of R-1, R-2, R-3, R-4 and R-5, housing shall be single family detached unless approved with a PUD or development agreement. Connection to municipal water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per acre. Wells and septic systems may be permitted for larger lots in this land use designation that are not adjacent to municipal services, as determined by the Sewer District, and if approved by the applicable Health Department. Private streets may be approved in this district for access to newly subdivided or split property. This district does allow for some non-residential uses as specified in 8-3A-3. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city C-2-DA), indicates that the zoning was approved by the city with a development agreement, with specific conditions of zoning. 8-3A-3: USES WITHIN ZONING DISTRICTS The following table lists principal permitted accessory uses conditional or prohibited uses. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 5 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: Zoning District Maximum Height Note Conditions Minimum Yard Setbacks Note Conditions Front Rear Interior Side Street Side R-1 35' 30' 30' 10' 20' Notes: 1. Front yard setback shall be measured from the face of the garage to the face of the sidewalk, allowing for 20’ of parking on the driveway without overhang onto the sidewalk. 2. Interior side yard setbacks for lots with 50’ or less of lot width shall be allowed 5’ interior side yard setbacks for one and two-story structures. 8-3B-3: ADDITIONAL RESIDENTIAL DISTRICT STANDARDS - RESIDENTIAL DISTRICTS: B. When development is planned with lots that directly abut existing lots within a Rural Residential area, or “Special Transition Overlay Area” as shown on the Comprehensive Plan Land Use map, an appropriate transition shall be provided for the two abutting residential lot types. A transition shall take into consideration site constraints that may exist and may include clustering of the urban lots in order to provide an open space area avoiding urban lots directly abutting rural residential lots, or may include the provision of a buffer strip avoiding urban lots directly abutting rural residential lots, or may include 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 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--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 6 residential lots. 8-4D-3: STANDARDS (PRIVATE STREETS): All private streets shall be designed and constructed to the following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot (with access easement) that provides access to all applicable properties. 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Star Fire District. 4. Gates: Gates or other obstacles shall not be allowed, unless approved by Council and the Fire District. B. Construction Standards: 1. Obtain approval from the county street naming committee for a private street name(s); 2. Contact the transportation authority to install an approved street name sign that complies with the regulations of the county street naming ordinance; 3. Roadway and Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Star based on plans submitted by a certified engineer. 4. Street Width: The private street shall be constructed within the easement and shall have a travel lane that meets ACHD width standards for the City of Star, or as determined by the Council and Star Fire District. 5. Sidewalks: A five foot attached or detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. Residential private streets may request a waiver of sidewalks to be approved by Council. 6. Fire Lanes: All drive aisles as determined by the Star Fire District to be fire lanes, shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 7. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 7 C. The applicant or owner shall establish an on-going maintenance fund through the Owner’s association with annual maintenance dues to ensure that funds are available for future repair and maintenance of all private streets. This shall be a requirement in a development agreement and/or as part of a planned unit development. A reserve account condition shall be included in the recorded CC&R’s and shall be provided to the City for review. The condition of approval shall include the following: 1. Private Street Reserve Study Requirements. a. At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the private street components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review. b. The study required by this section shall at a minimum include: i. Identification of the private street components that the association is obligated to repair, replace, restore, or maintain. ii. Identification of the probable remaining useful life of the components identified in paragraph as of the date of the study. iii. An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph iv. An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. v. A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph to meet the association’s obligation for the repair and replacement of all private street components. c. A copy of all studies and updates shall be provided to the City, to be included in the development application record. 8-4D-4: REQUIRED FINDINGS (PRIVATE STREETS): In order to approve the application, the administrator and/or Council shall find the following: A. The design of the private street meets the requirements of this article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 8 C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 8-4E-2: STANDARDS FOR COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS: A. Open Space and Site Amenity Requirement (see also Chapter 8 “Architectural Review”): 1. The total land area of all common open space shall equal or exceed fifteen percent (15%) of the gross land area of the development. Ten percent (10%) of that area shall be usable open space. 2. Each development is required to have at least one site amenity. 3. One additional site amenity shall be required for each additional twenty (20) acres of development area, plus one additional amenity per 75 residential units. 4. Developments with a density of less than 1 dwelling unit per acre may request a reduction in total required open space and amenities to the Council. Developments with a density of less than 2 dwelling units per acre may request a 50% reduction in total required open space to the Council. 8-6A-5: COMBINED PRELIMINARY AND FINAL PLAT PROCESS: A. Applicability: A subdivision application may be processed as both a preliminary and final plat if all of the following exist: 1. The proposed subdivision does not exceed five lots (excluding common and/or landscaping lots); or a previous plat was approved on the subject property; and 2. No new street dedication, excluding widening of an existing street, is required; and 3. No major special development considerations are involved, such as development in a floodplain or hillside development. B. Preapplication Conference: The applicant shall complete a preapplication conference with the administrator prior to submittal of an application for a combined preliminary and final plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein. C. Neighborhood Meeting: Applicants are required to hold a neighborhood meeting, in conformance with Section 8-1A-6C, to provide an opportunity for public review of the proposed project prior to the submittal of an application. The applicant shall provide a summary of the meeting, including questions and concerns of the neighbors and how the submitted application addresses those issues. D. Application Requirements: Applications and fees, in accord with subsection 8-6A-3 of this ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 9 article shall be submitted. E. Contents of Final Plat: The final plat shall include all items required in subsection 8-6A-4B of this article or any additional items required by the Administrator. F. Decision: A decision on a combined preliminary and final plat is made by the city council. 8-6A-7: REQUIRED FINDINGS: In consideration of a preliminary plat or combined preliminary and final plat, the decision- making body shall make the following findings: A. The plat is in conformance with the comprehensive plan; B. Public services are available or can be made available and are adequate to accommodate the proposed development; C. There is public financial capability of supporting services for the proposed development; D. The development will not be detrimental to the public health, safety or general welfare; and E. The development preserves significant natural, scenic or historic features. COMPREHENSIVE PLAN: 8.2.3 Land Use Map Designations: Neighborhood Residential: Suitable primarily for single family residential use. Densities in the majority of this land use area are to range from 3 units per acre to 5 units per acre. Densities not exceeding 1 to 2 units per acre are to be encouraged in areas of the floodplain, ridgeline developable areas, hillside developable areas, and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where those existing larger lots are not likely to be subdivided in the future. 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. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 10 • Manage urban sprawl in order to minimize costs of urban services and to protect rural areas. • Encourage land uses that are in harmony with existing resources, scenic areas, natural wildlife areas, and surrounding land uses. 8.5.3 Policies Related Mostly to the Urban Residential Planning Areas: A. The Neighborhood Residential Land Use is to encourage urban style development densities to limit urban sprawl. B. Low densities within the Neighborhood Residential Land Use are to be designed within the floodplain, ridgeline developable areas, hillside developable areas and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where 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. PROJECT OVERVIEW ANNEXATION & REZONE: The annexation and zoning request from Canyon County Rural Residential (RR) to Residential 1) on the applicant’s property will allow for the development and subdivision of the subject property into a residential use consistent with land uses on surrounding properties in the area. Municipal sewer and water are not available to this portion of the Star Impact Area. The overall density of the proposed development as submitted is 1 dwelling unit per acre. The Comprehensive Plan Land Use Map designates this property as Neighborhood Residential. Low density residential uses are allowed within this designation where new residential lots are proposed adjacent to existing residential lots of one acre or larger where those existing larger lots are not likely to be subdivided in the future. Although the surrounding parcels may redevelop in the future when services are extended, the properties to the north are designated as a Special Transition Overlay Area in the Comprehensive Plan, where an appropriate transition shall be provided for the two abutting residential types. Goal 8.3 of the Comprehensive Plan encourages the development of a diverse community that provides a mix of land uses, housing types. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 11 COMBINED PRELIMINARY/FINAL PLAT: The Preliminary/Final Plat submitted contains five single family residential lots of 1-acre each, and a private street to access the lots. The private street will be located within an easement and will be constructed to the standards of ACHD and the Star Fire District. Canyon Highway District #4 has reviewed the preliminary plat application and has provided comment. The applicant shall meet all requirements of the District prior to signature of final plat. The preliminary plat indicates that the development will not contain landscaped open space. Section 8-4E-2 of the UDC allows Council to waive landscaping requirements for subdivisions with densities of 1 acre or less. Given the large lot size and rural nature of this development, staff is supportive of the waiver for open space. ADDITIONAL DEVELOPMENT FEATURES: • Private Street The development is proposing a private street. The private street shall be built to the construction standards of ACHD, to include paving. The applicant is proposing a 20’ width for the private street. Street widths shall be determined by the Council and Star Fire District. Star Fire District requires a minimum of 20’ width for private streets with no parking and 26’ for parking on one-side. As part of 8-4D-3C, the applicant or owner shall establish an on-going maintenance fund through the Owner’s association with annual maintenance dues to ensure that funds are available for future repair and maintenance of all private streets. A reserve account condition shall be included in the recorded CC&R’s • Lighting Given the rural area, streetlights should be minimal to address safety at the intersection of the private street and Foothill Road. Any lighting in the development shall reflect the “Dark Sky” criteria of the City. The applicant shall work with Canyon Highway District #4 to establish the location of any streetlights. • Landscaping – Although landscaped open space is not proposed within the development, as supported by staff, street trees shall be provided on all building lots, as required by the Unified Development Code, Chapter 8, Section 8-8C-2-M(2) Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The applicant has submitted a landscape plan meeting this requirement. All new trees within buildable lots shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 12 • Setbacks – No special setbacks have been requested by the applicant. The dimensional standards for the R-1 zoning district shall apply to all homes in this development. • Sidewalks – The applicant is not proposing sidewalks within the development. With an adequate street width established and the small number of lots, staff is supportive of no sidewalks in the development. CHD4 is not requiring sidewalks along Foothill Road. AGENCY RESPONSES Star Fire District March 30, 2020 Department of Environmental Quality April 2, 2020 ITD (email) April 14, 2020 Keller and Associates April 21, 2020 Canyon Hwy District #4 May 12, 2020 PUBLIC RESPONSES Staff has received one anonymous letter from the public. STAFF ANALYSIS & RECOMMENDATIONS Staff is supportive of the design, layout and density of the development application, with the proposed conditions of approval. Based upon the information provided to staff in the applications and agency comments received to date, staff finds that the proposed annexation and zoning, preliminary and final plat, and private street meets the requirements, standards and intent for development as they relate to the Unified Development Code and the Comprehensive Plan. The Council should consider the entire record and testimony presented at their scheduled public hearing prior to rendering its decision on the matter. Should the Council vote to approve the applications, either as presented or with added conditions of approval, Council shall direct staff to draft findings of fact and conclusions of law for the Council to consider at a future date. FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve these applications, the Unified Development Code requires that Council must find the following: ANNEXATION/REZONE FINDINGS: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 13 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 City must find compliance with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically, the purposes statement. The City must find that the proposal complies with the proposed district and purpose statement. The purpose of the residential districts is to provide regulations and districts for various residential neighborhoods with gross densities in compliance with the intent of the Comprehensive Plan designation. Housing shall be single family detached unless approved with a PUD or development agreement. Connection to municipal water and sewer facilities are required for all subdivision and lot split applications in all districts exceeding one dwelling unit per acre. Private streets may be approved in this district for access to newly subdivided or split property. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and The City 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 City must find that it has not been presented with any information from agencies having jurisdiction that public services will be adversely impacted other than traffic, which will continue to be impacted as the City grows. 5. The annexation is in the best interest of the city. The City must find that this annexation is reasonably necessary for the orderly development of the City. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 14 COMBINED PRELIMINARY/FINAL PLAT FINDINGS: 1. The plat is in compliance with the Comprehensive Plan. The City must find that this Plat follows designations, spirit and intent of the Comprehensive Plan regarding residential development and meets several of the objectives of the Comprehensive Plan such as: 1. Designing development projects that minimize impacts on existing adjacent properties, and 2. Managing urban sprawl to protect outlying rural areas. 2. Public Services are available or can be made available and are adequate to accommodate the proposed development. The City must find that Agencies having jurisdiction on this parcel were notified of this action, and that it has not received notice that public services are not available or cannot be made available for this development. 3. There is public financial capability of supporting services for the proposed development; The City must find that they have not been notified of any deficiencies in public financial capabilities to support this development. 4. The development will not be detrimental to the public health, safety or general welfare; The City must find that it has not been presented with any facts stating this Preliminary Plat will be materially detrimental to the public health, safety and welfare. Residential uses are a permitted use. 5. The development preserves significant natural, scenic or historic features; The City must find that there are no known natural, scenic, or historic features that have been identified within this Preliminary Plat. PRIVATE ROAD FINDINGS: A. The design of the private street meets the requirements of this article; The City must find that the proposed private road meets the design standards in the Code. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity: The City must find that it has not been presented with any facts stating this private road will cause damage, hazard or nuisance, or other detriment to persons, property or uses in the vicinity. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 15 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/Final Plat for Ryken Meadows Subdivision shall comply with all statutory requirements of all applicable agencies and districts having jurisdiction in the City of Star. 2. The subdivision shall meet all requirements of Canyon Highway District #4 and Star Fire District. 3. The private street shall have a minimum street width of 20’with no parking and shall be constructed to ACHD and Star Fire District standards. An access permit shall be obtained by Canyon Highway District #4 prior to construction. Star Fire District shall inspect and approve private street prior to signature of final plat. 4. A plat note shall be added to the final plat stating, “Lots fronting Foothill Road are subject to a roadway slope easement from the road right-of-way, in favor of Canyon Highway District No. 4 for the construction and maintenance of the roadway shown heron”. 5. All approvals relating to hillside issues and requirements shall be completed and approved by the City Engineer prior to submittal of the final plat. Construction of any kind is prohibited prior to approval. 6. The property with the approved Preliminary Plat shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star City Code. 7. Street trees shall be installed per Chapter 8, Section 8-8C-2-M(2) Street Trees to include one tree per thirty-five (35) linear feet. 8. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star prior to signature of final plat. 9. Irrigation system shall comply with the Irrigation District(s) and the City of Star Codes. 10. The mylar/final plat shall be signed by the owner, Surveyor, Health District, and City Engineer, prior to being delivered to the City of Star for City Clerk’s signature. 11. Applicant shall provide the City with one full size, one 11”x17” copy and an electronic copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 12. As built plans for the irrigation system shall be submitted to the City of Star prior to signature of the final plat. ---PAGE BREAK--- RYKEN MEADOWS SUBDIVISION – FILE # AZ-20-08/PP-20- 08/FP-20-10/PR-20-02 16 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 prior to final plat signature. The CC&R’s shall include a condition requiring a reserve account that follows the specific wording in Section 8-4D-3C(1) of the Unified Development Code. 15. A letter from the US Postal Service shall be given to the City prior to final plat signature stating the subdivision is in compliance with the Postal Service. 16. A plat note shall state that development standards for residential development shall comply with the effective building and zoning requirements at time of building permit issuance. 17. Any required streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to any building occupancy. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. 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. Private street shall be maintained by the Homeowners Association. 20. The applicant shall provide a sign, to be located at all construction entrances, indicating the rules for all contractors that will be working on the property starting at grading and running through home sales that addresses items including but not limited to dust, music, dogs, starting/stopping hours for contractors (7a.m. start time). Sign shall be approved by the City prior to start of construction. 21. A sign application is required for any subdivision signs. 22. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File #AZ-20-08/PP-20-08/FP-20-10/PR-20-02 for Ryken Meadows Subdivision on 2020. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ill, irEi__1. i5i so Ez u=f 59 t_ E; I :E m- ad ttr m= ea c21 6z 1^ ;E Ii 9i. m: AH fti, a; EEC P3 @ FAo ZA I " . ["hr cistiiis* t; i eri:,s{ i i * i{1 "r ' ; i 4. r8. ( lu tq IA l*ri ,a I l_ rH i: T \ nfl - a BF tsg Io " t, p iF!H .i t 4JI rai T8; 7 Ede BrE !ls tr x tifr dtra r-5 ;gr riE t- 8E Es :ai!,s ExI fit !I E; -d ffi 3E IE c: -6 9a s! irir EI; ai x BI ; f; 5 6 .l li I HXI i! I dt f, E i ! 8 a E q d a a * d a fi f; ,ri IEs EgH trE 6! iIxr ud Er B; ,4 Ei *r 01 ar f,E qi 6t rl aI i I BfrEEI! 'frirll rt:68 Iffi iI lrEFl lsEEi e Irr ;;iE ! Iig E 5rr l:;l : sl; q 0lt 1s'E I: a t! I e! Ba rEdtli cE i q !ni E !n iA lFr$9 1l9o E iIE i, lia e E ci E *Ir 3 tel ! Eil I !RF ! Eig n rci H::I BA!ilr q6 e! 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Hansen, Commissioner Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org February 27, 2020 To: Wendy Shrief JUB Engineers 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709 Subject: SPP20-0003/AZ-20-06/PP-20-03 7701 W. Moon Valley Road Annexation, Rezoning and a Preliminary Plat for 14 residential lots, 2 common lots and a private road The Ada County Highway District has reviewed the submitted application for the preliminary plat referenced above and has determined that there are no improvements required as there are no public streets existing or proposed abutting or within the site. Private roads are proposed to provide access to the site with Moon Valley Subdivision to the north, SPP18-0013/PP-18-11, which was reviewed and approved by ACHD on March 6, 2019. The applicant will be required to pay all platting and review fees prior to final plat approval, as applicable. Traffic Impact Fees are also required to be paid prior to issuance of a building permit by the lead agency. If you have any questions, please contact me at (208) 387-6293. Sincerely, Paige Bankhead Planner II Development Services cc: City of Star Rep – Wendy Shrief ---PAGE BREAK--- Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH [PHONE REDACTED] • FX 345-7650 • www.achdidaho.org Traffic Information This development is estimated to generate 133 additional vehicle trips per day (0 existing); and 14 additional vehicle trips per hour in the PM peak hour (0 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 10th edition. 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). ACHD does not set level of service thresholds for local roadways. Average Daily Traffic Count (VDT): Average daily traffic counts are based on traffic counts from the 2018 Moon Valley Subdivision Traffic Impact Study. • The average daily traffic count for Moon Valley Road between Palmer Lane and Short Road was 133 on 08/23/2018. • The average daily traffic count for Moon Valley Road west of Short Road was 88 on 08/23/2018. • The average daily traffic count for Short Road south of SH-44 was 188 on 08/23/2018. Roadway Frontage Functional Classification PM Peak Hour Traffic Count PM Peak Hour Level of Service Moon Valley Road (Palmer to Short) 0-feet Collector 44 Better than Moon Valley Road (west of Short) 445-feet Collector 5 Better than Palmer Lane 0-feet Collector 8 Better than Short Road 0-feet Local 15 N/A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: June 2, 2020 – PUBLIC HEARING (Originally on March 17, 2020 agenda) FILE(S) AZ-20-06 Annexation and Zoning PP-20-03 Preliminary Plat for Moon Valley Estates Subdivision DA-20-02-MOD Development Agreement Modification OWNER/APPLICANT/REPRESENTATIVE Property Owner: G. Mathew Thomas 7701 W. Moon Valley Road Eagle, Idaho 83616 Representative: Applicant: Wendy Shrief, JUB Engineers, Inc. M3 ID Moon Valley, Inc. 250 S. Beechwood Ave Suite 201 1087 W. River St. Suite 310 Boise, ID 83709 Boise, ID 83702 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning (Residential R-2-DA), a Preliminary Plat for a proposed residential subdivision consisting of 14 residential lots and 2 common lots and a private road, and a Development Agreement Modification. The property located is at 7701 W Moon Valley Road in Star, Idaho, and consists of 10.04 acres with a proposed density of 1.40 dwelling units per acre. PROPERTY INFORMATION Property Location: The subject property is generally located on the north side of Moon Valley Road, east of Hwy 16 in Star, Idaho. Ada County Parcel No. S0415321001. Existing Site Characteristics: The property is currently in agricultural production ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 2 . Irrigation/Drainage District(s): - Little Pioneer Ditch, P.O. Box 70, Star, Idaho 83669 - Drainage District c/o Sawtooth Law Offices, 1101 W. River Street Ste. 110, Boise, Idaho 83707 Flood Zone: The development is located in a special flood hazard zone per FEMA FIRM panel #16001C0130 H and 16601C0140 H. Base flood elevation in the AE zone is 2491-2494. Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – No known areas.  Mature Trees – No.  Riparian Vegetation – No known areas.  Steep Slopes – No.  Stream/Creek – None.  Unique Animal Life – No unique animal life has been identified.  Unique Plant Life – No unique plant life has been identified.  Unstable Soils – No known issues.  Wildlife Habitat – No wildlife habitat has been developed or will be destroyed.  Historical Assets – No historical assets have been observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held October 29, 2019 Neighborhood Meeting Held October 17, 2019 Application Submitted & Fees Paid January 9, 2020 Application Accepted February 17, 2020 Residents within 300’ Notified February 17, 2020 Agencies Notified February 17, 2020 Legal Notice Published February 21, 2020 & May 5, 2020 Property Posted March 6, 2020 & May 21, 2020 HISTORY This property has always been in agricultural production. SURROUNDING ZONING/COMPREHENSIVE PLAN MAP/LAND USE DESIGNATIONS Zoning Designation Comp Plan Designation Land Use Existing County Rural Transitional (RUT) Mixed Use/Floodway Agricultural ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 3 Proposed R-2-DA No Change Residential North of site R-2-DA Mixed Use Residential South of site County Rural Transitional (RUT) Floodway Single Family Dwelling East of site R-2-DA Mixed Use Approved Moon Valley Subdivision West of site R-2-DA Mixed Use Approved Moon Valley Subdivision ZONING ORDINANCE STANDARDS / COMPREHENSIVE PLAN UNIFIED DEVELOPMENT CODE: 8-3B-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in a Residential district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. In zoning designations of R-1, R-2, R-3, R-4 and R-5, housing shall be single family detached unless approved with a PUD or development agreement. Connection to municipal water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per acre. Wells and septic systems may be permitted for larger lots in this land use designation that are not adjacent to municipal services, as determined by the Sewer District, and if approved by the applicable Health Department. Private streets may be approved in this district for access to newly subdivided or split property. This district does allow for some non-residential uses as specified in 8-3A-3. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city C-2-DA), indicates that the zoning was approved by the city with a development agreement, with specific conditions of zoning. 8-3A-3: USES WITHIN ZONING DISTRICTS The following table lists principal permitted accessory uses conditional or prohibited uses. ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 4 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: Zoning District Maximum Height Note Conditions Minimum Yard Setbacks Note Conditions Front Rear Interior Side Street Side R-2 35' 20' 20' 10' 20' Notes: 1. Front yard setback shall be measured from the face of the garage to the face of the sidewalk, allowing for 20’ of parking on the driveway without overhang onto the sidewalk. 2. Interior side yard setbacks for lots with 50’ or less of lot width shall be allowed 5’ interior side yard setbacks for one and two-story structures. 8-4D-3: STANDARDS (PRIVATE STREETS): All private streets shall be designed and constructed to the following standards: A. Design Standards: 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--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 5 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot (with access easement) that provides access to all applicable properties. 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Star Fire District. 4. Gates: Gates or other obstacles shall not be allowed, unless approved by Council through a Planned Unit Development or Development Agreement. B. Construction Standards: 1. Obtain approval from the county street naming committee for a private street name(s); 2. Contact the transportation authority to install an approved street name sign that complies with the regulations of the county street naming ordinance; 3. Roadway and Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Star based on plans submitted by a certified engineer. 4. Street Width: The private street shall be constructed within the easement and shall have a travel lane that meets ACHD width standards for the City of Star, or as determined by the Council and Star Fire District. 5. Sidewalks: A five foot attached or detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. 6. Fire Lanes: All drive aisles as determined by the Star Fire District to be fire lanes, shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 7. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 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. ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 6 a. At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the private road components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review. b. The study required by this section shall at a minimum include: i. Identification of the private road components that the association is obligated to repair, replace, restore, or maintain. ii. Identification of the probable remaining useful life of the components identified in paragraph as of the date of the study. iii. An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph iv. An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. v. A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph to meet the association’s obligation for the repair and replacement of all private road components. c. A copy of all studies and updates shall be provided to the City, to be included in the development application record. 8-4D-4: REQUIRED FINDINGS (PRIVATE STREETS): In order to approve the application, the administrator and/or Council shall find the following: A. The design of the private street meets the requirements of this article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and 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”): ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 7 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 2 dwelling units per acre may request a 50% reduction in total required open space to the Council. 5. For multi-family developments, see Section 8-5-20 for additional standards. B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible or visible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Qualified natural areas; c. Ponds or water features where active fishing, paddle boarding or other activities are provided (50% qualifies towards total required open space, must be accessible by all residents to qualify.) ponds must be aerated; d. A plaza. 2. Additions to a public park or other public open space area. 3. The buffer area along collector and arterial streets may be included in required overall common open space for residential subdivisions. 4. Parkways along local residential streets with detached sidewalks that meet all the following standards may count toward the common open space requirement: a. The parkway is a minimum of eight feet in width from street curb to edge of sidewalk and includes street trees as specified otherwise herein. b. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of twenty-six feet (26') by the width of the parkway. c. Stormwater detention facilities do not qualify to meet the common area open space requirements, unless all of the following is met: ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 8 1. Must be at least fifty feet by one hundred feet (50' x 100') in area; 2. Specifically designed as a dual use facility, as determined by the administrator, to include minimal slopes, grass throughout, and guarantee of water percolation within 24 hours of storm event. 3. Is located in a development that has a second usable open space area that contains a qualified site amenity as herein defined. 5. Visual natural space, including open ditches, wetlands, slopes or other areas that may not be readily accessible to residents, and is provided with open style fencing, may qualify for up to 20% of the required open space total. C. Qualified Site Amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Clubhouse; 2. Fitness facilities, indoors or outdoors; 3. Public art; 4. Picnic area; or 5. Recreation amenities: a. Swimming pool. b. Children's play structures. c. Sports courts. d. Additional open space in excess of 5% usable space. e. RV parking for the use of the residents within the development. f. School and/or Fire station sites if accepted by the district. g. Pedestrian or bicycle circulation system amenities meeting the following requirements: The system is not required for sidewalks adjacent to public right of way; The system connects to existing or planned pedestrian or bicycle routes outside the development; and The system is designed and constructed in accord with standards set forth by the city of Star; D. Location: The common open space and site amenities shall be located on a common lot or an area with a common maintenance agreement. E. Maintenance: ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 9 1. All common open space and site amenities shall be the responsibility of an owners' association for the purpose of maintaining the common area and improvements thereon. 8-5-19: MINING, PIT OR QUARRY AND ACCESSORY PITS: A mine, pit or quarry that meets the standards of subsection C of this section shall be considered an accessory pit and shall be reviewed as a temporary use. Any other pit, mine, or quarry shall be reviewed as a conditional use. C. Standards For Accessory Pit Approval: The purpose of this use is to allow for gravel extraction and removal on a limited basis for the sole purpose of creating a water feature: 1) during the construction of an approved subdivision or development, or 2) a onetime creation of water feature(s) on certain, larger acreage parcels. The use shall be processed as a temporary use and shall meet the following: 1. The property has not received previous approval for a mine, pit, or quarry as a temporary use. 2. The maximum area of the extraction site for a water feature in a new subdivision or development shall be determined during the approval process for the development after taking into consideration issues including, but not limited to, no net loss mitigation. All other parcels shall have a maximum pond area no greater than ten percent (10%) for parcels ten (10) acres or less, and no greater than twenty percent (20%) for parcels over ten (10) acres of the gross area of the property. 3. The minimum parcel size for all properties other than new subdivisions and developments, shall be one acres. 4. The proposed extraction activities for a subdivision or development shall be completed within two years from commencement, unless additional time is granted by council. All other proposed extraction activities shall be completed within two years from commencement. 5. The mine, pit, or quarry shall meet the standards in subsections A and B of this section. 6. Stockpiles shall be a maximum of fifteen feet (15') in height. 7. All operations shall take place between seven o'clock (7:00) A.M. and dusk or six o'clock (6:00) P.M. (whichever is earlier) Monday through Friday. 8. Asphalt and/or cement plants shall be prohibited on site, unless approved by Council as a conditional use permit. 9. Rock crushing shall be allowed as part of an accessory pit only as a separate conditional use permit approved by Council. 10. The pond shall be aerated. 8-6B-2: IMPROVEMENT STANDARDS: ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 10 D. Common Driveways: 1. Maximum Dwelling Units Served: Common driveways shall serve a maximum of two dwelling units and shall be approved by the Fire District. 2. For commercial or other non-residential uses, common driveways serving multiple structures and/or properties shall meet the requirements of the Fire District. 3. Width Standards: Common driveways shall be a minimum of twenty-eight feet (28') in width. 4. Maximum Length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the fire district. 5. Improvement Standards: Common driveways shall be paved with a surface capable of supporting emergency services vehicles and equipment. 6. Abutting Properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 7. Turning Radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and fifty foot (50') outside turning radius. 8. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 9. Easement: A perpetual ingress/egress easement shall be filed with the county recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. COMPREHENSIVE PLAN: 8.2.3 Land Use Map Designations: Mixed Use: Generally suitable for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, and/or residential depending upon the specific area designated as Mixed Use. See Mixed Use Implementation Policies for specific criteria. Development within this land use designation is to proceed through the PUD and/or development agreement process. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this land use designation will allow the development community to be more innovative in design and placement of structures. Development design guidelines should also be established to guide development within mixed-use areas. Rezoning within this land use designation is to be strictly monitored by ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 11 the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. 8.3 Goal: Encourage the development of a diverse community that provides a mix of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible, an assortment of amenities within walking distance of residential development. 8.4 Objectives: • Implement the Land Use Map and associated policies as the official guide for development. • Manage urban sprawl in order to minimize costs of urban services and to protect rural areas. • Encourage land uses that are in harmony with existing resources, scenic areas, natural wildlife areas, and surrounding land uses. 8.5.3 Policies Related Mostly to the Urban Residential Planning Areas: A. The Neighborhood Residential Land Use is to encourage urban style development densities to limit urban sprawl. B. Low densities within the Neighborhood Residential Land Use are to be designed within the floodplain, ridgeline developable areas, hillside developable areas and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where 8.5.7 Policies Related Mostly to the Mixed-Use Planning Areas A. Council, at their sole discretion, shall determine what mix of uses are appropriate for any mixed-use area considering existing property owners rights. B. Development within the Mixed-Use Designation is to proceed through the CUP, PUD, and/or Development Agreement process, and a concept plan must be included with any such proposed use. C. In general, mixed use areas along state highways should be predominantly commercial with a very minor component of residential unless the residential is placed on upper floors as part of a mixed-use building. D. Mixed-use areas along state and U.S. Highways where direct access to the state highway is prohibited, like along State Highway 16 between State Highway 44 and US Highway 20/26, should be predominately residential with a minor component of neighborhood commercial, or light industrial if sufficient roadway access, by means of backage or other roads, to the State Highway is provided. ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 12 E. Mixed-use areas located between commercial and residential land use designations are to provide a compatible transition between the higher intensity use of commercial and the lower intensity use of Neighborhood Residential. Uses for these mixed-use areas could include multi-family housing and or office related uses if determined by the Council through the public hearing process, to be appropriate. 8.5.9 Additional Land Use Component Policies: • Encourage flexibility in site design and innovative land uses. • Encourage landscaping to enhance the appearance of subdivisions, structures, and parking areas. • Require more open space and trees in subdivisions. • Work with Ada County Highway District (ACHD), Canyon Highway District #4 (CHD4), and Idaho Department of Transportation (ITD) for better coordination of roadway and access needs. • Support well-planned, pedestrian-friendly developments. • Dark sky provision should be adopted within the code to assure down style lighting in all developments and Star should consider joining the International Dark Sky Association. • The City should utilize the 2018 Treasure Valley Tree Selection Guide when requiring trees within developments. 18.4 Implementation Policies: E. Development Agreements allow the city to enter into a contract with a developer upon rezoning. The Development Agreement may provide the city and the developer with certain assurances regarding the proposed development upon rezoning. PROJECT OVERVIEW ANNEXATION & REZONE: The annexation and zoning request from County Rural Urban Transition (RUT) to Residential 2-DA) on the applicant’s property, together with the development agreement modification, will allow for the development and subdivision of the subject property into a residential use consistent with the previously approved phases of Moon Valley Subdivision surrounding the property on the north, east and west. The overall density of the proposed development as submitted is 1.4 dwelling units per acre. The Comprehensive Plan Land Use Map designates this property as Mixed-Use. Residential uses are allowed within the Mixed-Use designation. In being consistent with the existing R-2 zoning of the surrounding, previously approved Moon Valley Subdivision, the proposed R-2 zoning designation is appropriate and therefore meets the intent of the Comprehensive Plan. ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 13 PRELIMINARY PLAT: The Preliminary Plat submitted contains 14 single family residential lots, and 4 common area lots (2 open space lots, 1 private road lot & 1 common drive lot). The existing single-family dwelling located to the south of the proposed lake is not a part of this annexation and preliminary plat and will remain in Ada County as a 5-plus acre parcel. The residential lots range in size from 13,300 square feet to 20,700 square feet, with an average lot size of 15,811 square feet. All streets are proposed to be private streets and must be built to ACHD standards. The submitted preliminary plat indicates street widths at 27 feet, well below the minimum required by Section 8-4D-34B(4) of the UDC. The preliminary plat indicates that the development will contain a total of 4.16 acres (40%) total open space within the two common lots. The development meets the minimum of 15% open space, 10% usable space required by Code. As this is an extension of the existing Moon Valley Subdivision, this new portion will benefit from the proposed amenities for the entire development, including a community clubhouse with gym, a resort style swimming pool, bocce ball courts, horseshoe pits, beachfront park area with a dock, cabanas and a boathouse, in addition to connection to pathways provided throughout the subdivision and along the Boise River. As part of the development, a water feature is being proposed in the southern third of the property (Lot A Temporary Use Permit/Certificate of Zoning Compliance (CZC) shall be submitted by the applicant prior excavation of the water feature meeting the standards of Section 8-5-19 of the UDC. ADDITIONAL DEVELOPMENT FEATURES: • Private Streets The development is proposed to contain private streets. As was approved with the rest of the Moon Valley development, all private streets should be built to ACHD roadway standards, including a minimum of 33 feet of improved width. • Common Drive Access to two of the proposed home lots will be via a common driveway. The UDC allows a maximum of two dwelling units to be served by a common driveway, and for the driveway widths to be a minimum of twenty-eight feet The applicant may request approval through the development agreement for alternatives to this requirement. However, Star Fire District must approve the use of these driveways as proposed. • Sidewalks Sidewalks are proposed at five-foot widths and will be attached throughout this portion of the overall subdivision. ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 14 • Lighting Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. • Street Names Street names will be approved by the Ada Street Naming Committee prior to signature of final plat. • Landscaping - As required by the Unified Development Code, Chapter 8, Section 8-8C-2- M(2) Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The landscaping plan submitted does not indicate street trees. Staff will place a condition of approval requiring submittal and staff approval of a plan prior to final plat approval. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. • Setbacks – No special setbacks have been requested by the applicant. The dimensional standards for the R-2 zoning district shall apply to all homes in this development. AGENCY RESPONSES Star Fire District March 11, 2020 Keller and Associates February 3, 2020 ITD March 11, 2020 ACHD February 27, 2020 Central District Health Dept February 26, 2020 PUBLIC RESPONSES Michael Chase, P.O. Box 274, Star, ID 83669 March 15, 2020 email Gary Smith, [EMAIL REDACTED] March 15, 2020 STAFF ANALYSIS & RECOMMENDATIONS Staff is supportive of the design, layout and density of the development application, with the proposed conditions of approval. Based upon the information provided to staff in the applications and agency comments received to date, staff finds that the proposed annexation and zoning, development agreement modification, and preliminary plat meets the requirements, standards and intent for development as they relate to the Unified Development Code and the Comprehensive Plan. The Council should consider the entire record and testimony presented at their scheduled public ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 15 hearing prior to rendering its decision on the matter. Should the Council vote to approve the applications, either as presented or with added conditions of approval, Council shall direct staff to draft findings of fact and conclusions of law for the Council to consider at a future date. FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve these applications, the Unified Development Code requires that Council must find the following: 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 City must find compliance with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically, the purposes statement. The City must find that the proposal complies with the proposed district and purpose statement. The purpose of the residential districts is to provide regulations and districts for various residential neighborhoods with gross densities in compliance with the intent of the Comprehensive Plan designation. Housing shall be single family detached unless approved with a PUD or development agreement. Connection to municipal water and sewer facilities are required for all subdivision and lot split applications in all districts exceeding one dwelling unit per acre. Private streets may be approved in this district for access to newly subdivided or split property. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 16 The City 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 City must find that it has not been presented with any information from agencies having jurisdiction that public services will be adversely impacted other than traffic, which will continue to be impacted as the City grows. 5. The annexation is in the best interest of the city. The City must find that this annexation is reasonably necessary for the orderly development of the City. PRELIMINARY PLAT FINDINGS: 1. The plat is in compliance with the Comprehensive Plan. The City must find that this Plat follows designations, spirit and intent of the Comprehensive Plan regarding residential development and meets several of the objectives of the Comprehensive Plan such as: 1. Designing development projects that minimize impacts on existing adjacent properties, and 2. Managing urban sprawl to protect outlying rural areas. 2. Public Services are available or can be made available and are adequate to accommodate the proposed development. The City must find that Agencies having jurisdiction on this parcel were notified of this action, and that it has not received notice that public services are not available or cannot be made available for this development. 3. There is public financial capability of supporting services for the proposed development; The City must find that they have not been notified of any deficiencies in public financial capabilities to support this development. 4. The development will not be detrimental to the public health, safety or general welfare; The City must find that it has not been presented with any facts stating this Preliminary Plat will be materially detrimental to the public health, safety and welfare. Residential uses are a permitted use. 5. The development preserves significant natural, scenic or historic features; The City must find that there are no known natural, scenic, or historic features that have been identified within this Preliminary Plat. ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 17 PRIVATE ROAD FINDINGS: A. The design of the private street meets the requirements of this article; The City must find that the proposed private road meets the design standards in the Code. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity: The City must find that it has not been presented with any facts stating this private road will cause damage, hazard or nuisance, or other detriment to persons, property or uses in the vicinity. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 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 Moon Valley Estates Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. Prior to any excavation of the water feature, the applicant shall submit and receive approval of a Temporary Use Permit. 3. All private streets shall have a minimum street width of 33’ and shall be constructed to ACHD standards. Common drives shall meet the requirements of the Star Fire District. 4. All approvals relating to floodplain/floodway issues and requirements shall be completed and approved by the City Flood Administrator prior to submittal of the final plat. Construction of any kind is prohibited prior to approval of a Floodplain application. 5. The property with the approved Preliminary Plat shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star City Code. ---PAGE BREAK--- MOON VALLEY ESTATES SUBDIVISION – FILE # AZ-20-06/PP- 20-03/DA-20-02 MOD 18 6. Street trees shall be installed per Chapter 8, Section 8-8C-2-M(2) Street Trees. A revised landscape plan shall be submitted to the City prior to submittal of the final plat showing one tree per thirty-five (35) linear feet. 7. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 8. 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. 9. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 10. A copy of the CC&R’s shall be submitted to the City of Star at Final Plat. 11. A letter from the US Postal Service shall be given to the City at Final Plat stating the subdivision is in compliance with the Postal Service. 12. A form signed by the Star Sewer & Water District shall be submitted to the City prior to the signature of the Final Plat stating that all conditions of the District have been met. 13. A plat note shall state that development standards for residential development shall comply with the effective building and zoning requirements at time of building permit issuance, unless amended in the Development Agreement or CUP conditions. 14. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to any building occupancy. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. 15. 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. 16. All common areas shall be maintained by the Homeowners Association. 17. 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. 18. A sign application is required for any subdivision signs. 19. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File #AZ-20-06/PP-20-03/DA-20-02 MOD for Moon Valley Estates Subdivision on 2020. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- trn ,6tury i6 =ooz , t;t )i d> €l @a I +gm lli \r E= oi -r ? r^r< 20fr \Jz aE =i ;H =P J4 Hq 6H =94 3dC zw aoz a+ NI o-B9 Io liliE + i lro s ilHiiilaEiifii*E' ff ilElilil Eiiiliili ? !rtiiil iiqriiil! f' illfiirillfiiisi:f: Ei:;i EE i*ii ! lr, '6iBlliit'l a1 ,i O:'r 't s i r tttir* $i $ ili'ii s i: 6 l< , F BI 81 rB f,E qE 6 t t d 1 IE IB 6i E.rt X6 TI ,E EE 41 .F A ; I q o " nt 6eie !n'f a T 1 fi E B E E f, B} gB BI I iI I E i E5 la hr * I s fi H q 6 ii i;I; 9r; i iii{iHIi Fi;iI6Ei IBn I lS€ i3E ; :99 ,EE I lB" trr I til }Ha r ESB I iii'ii! lBi ;E i :lE a$ fl ffiE !EI 4rl ll r nElsll i.t" aH fl EIiEri i:EiE Ia' Ec "l ,,Ii rr Ao lo Hlz E ll- rif Ii $EF IE 6'l lg H'6li qlo flq e16il EsEEE lR HqHEiE l! igI;gIHiE'EE;Ig 6 I 96Ftm i a ii'^ qffeEiig&g*q3q53!;B s:f,ElIIq{:6HE{EAIEt iE*'iHguiEE*Ei.=EEA r h gF 9" dq ;r q iil alr ltl?ll < * fllI IHgfg tEEpgtgEllE sio!!916i!;:iep ' HIBqla'i #r E g, lF 'tv t< iHi; g '4qit€ id ! Ilr o! -l-Jlz lll cl sll 9\x :Lr \ \ \ -r \ \ \ \ \ \ MOON VALLEY COMMONS SUBDIVISION STAB, IDAHO ll ii 1l{ 6tu I ll T1 ir\ i*V* 250 S. Bmhwood Avs. Sulle 201 Bolse, lD 83709-0944 Phorei 48.376,7330 ww.id.@m ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: June 2, 2020 – PUBLIC HEARING (Originally on March 17, 2020 agenda) FILE(S) PP-20-05 Preliminary Plat for Moon Valley Commons Subdivision DA-20-02-MOD Development Agreement Modification OWNER/APPLICANT/REPRESENTATIVE Property Owner: Ball Real Estate Investments, LLC and BFT KGLG Cherry Land LLC, 4222 E Camelback Rd, H100, Phoenix, AZ 85078; Sundance Investments, LLLP/Roger Anderson, 3405 E. Overland Rd #150 Meridian, ID, 83642. Representative: Applicant: Wendy Shrief, JUB Engineers, Inc. M3 ID Moon Valley, Inc. 250 S. Beechwood Ave Suite 201 1087 W. River St. Suite 310 Boise, ID 83709 Boise, ID 83702 REQUEST Request: The Applicant is seeking approval of a Preliminary Plat for a proposed residential subdivision consisting of 93 residential lots, 34 common lots, 1 commercial lot, a private road, and a Development Agreement Modification. This also includes a modification of the existing preliminary plat for Moon Valley Subdivision (PP-18-11). The property consists of 30.78 acres with a proposed density of 3.2 dwelling units per acre. PROPERTY INFORMATION Property Location: The subject property is located at 7575 W. Moon Valley Road in Star, Idaho. Ada County Parcels: S0416110207, S041520627, S0416131250, S0416131700, S0416110105, S0415233664, S0416120646. Existing Site Characteristics: The property is currently vacant and/or in agricultural production. ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 2 . Irrigation/Drainage District(s): - Little Pioneer Ditch, P.O. Box 70, Star, Idaho 83669 - Drainage District c/o Sawtooth Law Offices, 1101 W. River Street Ste. 110, Boise, Idaho 83707 Flood Zone: The development is located in a special flood hazard zone per FEMA FIRM panel #16027C0300F and 16601C0140 H. Base flood elevation in the X & AE zone is 2488-2491. Special On-Site Features:  Areas of Critical Environmental Concern – No known areas.  Evidence of Erosion – No known areas.  Fish Habitat – No known areas.  Mature Trees – No.  Riparian Vegetation – No known areas.  Steep Slopes – No.  Stream/Creek – None.  Unique Animal Life – No unique animal life has been identified.  Unique Plant Life – No unique plant life has been identified.  Unstable Soils – No known issues.  Wildlife Habitat – No wildlife habitat has been developed or will be destroyed.  Historical Assets – No historical assets have been observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held October 29, 2019 Neighborhood Meeting Held October 17, 2019 Application Submitted & Fees Paid January 9, 2020 Application Accepted February 17, 2020 Residents within 300’ Notified February 17, 2020 & May 18, 2020 Agencies Notified February 17, 2020 Legal Notice Published February 21, 2020 & May 5, 2020 Property Posted March 6, 2020 & May 21, 2020 HISTORY This property has always been in agricultural production with a portion being part of gravel extraction. SURROUNDING ZONING/COMPREHENSIVE PLAN MAP/LAND USE DESIGNATIONS Zoning Designation Comp Plan Designation Land Use Existing Mixed-Use (MU-DA) Mixed Use Vacant/Agricultural ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 3 Proposed Mixed-Use (MU-DA) No Change Residential/Commercial North of site Residential R-8 & County Rural Transitional (RUT) Commercial Vacant/Residential South of site Mixed-Use (MU-DA) Mixed Use Single Family Dwelling East of site Mixed-Use (MU-DA) Mixed Use Approved Moon Valley Subdivision West of site Mixed-Use (MU-DA) Residential R-14-DA Mixed Use Hwy 16 Multi-Family Residential ZONING ORDINANCE STANDARDS / COMPREHENSIVE PLAN UNIFIED DEVELOPMENT CODE: 8-1E-1: TERMS DEFINED: MIXED USE DEVELOPMENT: The development of a tract of land or building or structure which includes uses from two or more of the land use categories such as residential, commercial, office, light industrial, public space or agricultural. 8-3B-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED: MU MIXED USE DISTRICT: To provide for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, and/or residential depending upon the specific comprehensive plan area designated as Mixed Use. Development within this zone is to proceed through the PUD process unless a development agreement has already been executed for the particular property. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this zone may allow the development community to be more innovative in design and placement of structures subject to Council review and approval. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. Multi-family uses shall be part of an overall mixed-use development that includes a non-residential component and may not exceed 30% of the overall size of the development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city C-2-DA), indicates that the zoning was approved by the city with a development agreement, with specific conditions of zoning. 8-4D-3: STANDARDS (PRIVATE STREETS): ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 4 All private streets shall be designed and constructed to the following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot (with access easement) that provides access to all applicable properties. 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Star Fire District. 4. Gates: Gates or other obstacles shall not be allowed, unless approved by Council through a Planned Unit Development or Development Agreement. B. Construction Standards: 1. Obtain approval from the county street naming committee for a private street name(s); 2. Contact the transportation authority to install an approved street name sign that complies with the regulations of the county street naming ordinance; 3. Roadway and Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Star based on plans submitted by a certified engineer. 4. Street Width: The private street shall be constructed within the easement and shall have a travel lane that meets ACHD width standards for the City of Star, or as determined by the Council and Star Fire District. 5. Sidewalks: A five foot attached or detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. 6. Fire Lanes: All drive aisles as determined by the Star Fire District to be fire lanes, shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 7. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 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 ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 5 shall include the following: 1. Private Road Reserve Study Requirements. a. At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the private road components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review. b. The study required by this section shall at a minimum include: i. Identification of the private road components that the association is obligated to repair, replace, restore, or maintain. ii. Identification of the probable remaining useful life of the components identified in paragraph as of the date of the study. iii. An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph iv. An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. v. A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph to meet the association’s obligation for the repair and replacement of all private road components. c. A copy of all studies and updates shall be provided to the City, to be included in the development application record. 8-4D-4: REQUIRED FINDINGS (PRIVATE STREETS): In order to approve the application, the administrator and/or Council shall find the following: A. The design of the private street meets the requirements of this article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and 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: ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 6 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 2 dwelling units per acre may request a 50% reduction in total required open space to the Council. 5. For multi-family developments, see Section 8-5-20 for additional standards. B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible or visible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Qualified natural areas; c. Ponds or water features where active fishing, paddle boarding or other activities are provided (50% qualifies towards total required open space, must be accessible by all residents to qualify.) ponds must be aerated; d. A plaza. 2. Additions to a public park or other public open space area. 3. The buffer area along collector and arterial streets may be included in required overall common open space for residential subdivisions. 4. Parkways along local residential streets with detached sidewalks that meet all the following standards may count toward the common open space requirement: a. The parkway is a minimum of eight feet in width from street curb to edge of sidewalk and includes street trees as specified otherwise herein. b. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of twenty-six feet (26') by the width of the parkway. c. Stormwater detention facilities do not qualify to meet the common area open space ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 7 requirements, unless all of the following is met: 1. Must be at least fifty feet by one hundred feet (50' x 100') in area; 2. Specifically designed as a dual use facility, as determined by the administrator, to include minimal slopes, grass throughout, and guarantee of water percolation within 24 hours of storm event. 3. Is located in a development that has a second usable open space area that contains a qualified site amenity as herein defined. 5. Visual natural space, including open ditches, wetlands, slopes or other areas that may not be readily accessible to residents, and is provided with open style fencing, may qualify for up to 20% of the required open space total. C. Qualified Site Amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Clubhouse; 2. Fitness facilities, indoors or outdoors; 3. Public art; 4. Picnic area; or 5. Recreation amenities: a. Swimming pool. b. Children's play structures. c. Sports courts. d. Additional open space in excess of 5% usable space. e. RV parking for the use of the residents within the development. f. School and/or Fire station sites if accepted by the district. g. Pedestrian or bicycle circulation system amenities meeting the following requirements: The system is not required for sidewalks adjacent to public right of way; The system connects to existing or planned pedestrian or bicycle routes outside the development; and The system is designed and constructed in accord with standards set forth by the city of Star; D. Location: The common open space and site amenities shall be located on a common lot or an area with a common maintenance agreement. ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 8 E. Maintenance: 1. All common open space and site amenities shall be the responsibility of an owners' association for the purpose of maintaining the common area and improvements thereon. 8-6B-2: IMPROVEMENT STANDARDS: D. Common Driveways: 1. Maximum Dwelling Units Served: Common driveways shall serve a maximum of two dwelling units and shall be approved by the Fire District. 2. For commercial or other non-residential uses, common driveways serving multiple structures and/or properties shall meet the requirements of the Fire District. 3. Width Standards: Common driveways shall be a minimum of twenty-eight feet (28') in width. 4. Maximum Length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the fire district. 5. Improvement Standards: Common driveways shall be paved with a surface capable of supporting emergency services vehicles and equipment. 6. Abutting Properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 7. Turning Radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and fifty foot (50') outside turning radius. 8. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 9. Easement: A perpetual ingress/egress easement shall be filed with the county recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. COMPREHENSIVE PLAN: 8.2.3 Land Use Map Designations: Mixed Use: Generally suitable for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, and/or residential depending upon the specific area designated as Mixed Use. See Mixed Use Implementation Policies for specific criteria. Development within this land use designation is to proceed through the PUD and/or development agreement process. Identifying areas for mixed-use development has two ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 9 objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this land use designation will allow the development community to be more innovative in design and placement of structures. Development design guidelines should also be established to guide development within mixed-use areas. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. Commercial: Suitable primarily for the development of a wide range of commercial activities including offices, retail, and service establishments. Rezoning to this designation should not be allowed unless adequate ingress/egress to major transportation corridors are assured. 8.3 Goal: Encourage the development of a diverse community that provides a mix of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible, an assortment of amenities within walking distance of residential development. 8.4 Objectives: • Implement the Land Use Map and associated policies as the official guide for development. • Manage urban sprawl in order to minimize costs of urban services and to protect rural areas. • Encourage land uses that are in harmony with existing resources, scenic areas, natural wildlife areas, and surrounding land uses. 8.5.3 Policies Related Mostly to the Urban Residential Planning Areas: A. The Neighborhood Residential Land Use is to encourage urban style development densities to limit urban sprawl. B. Low densities within the Neighborhood Residential Land Use are to be designed within the floodplain, ridgeline developable areas, hillside developable areas and where new residential lots are proposed adjacent to existing residential lots of one acre and larger where 8.5.7 Policies Related Mostly to the Mixed-Use Planning Areas ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 10 A. Council, at their sole discretion, shall determine what mix of uses are appropriate for any mixed-use area considering existing property owners rights. B. Development within the Mixed-Use Designation is to proceed through the CUP, PUD, and/or Development Agreement process, and a concept plan must be included with any such proposed use. C. In general, mixed use areas along state highways should be predominantly commercial with a very minor component of residential unless the residential is placed on upper floors as part of a mixed-use building. D. Mixed-use areas along state and U.S. Highways where direct access to the state highway is prohibited, like along State Highway 16 between State Highway 44 and US Highway 20/26, should be predominately residential with a minor component of neighborhood commercial, or light industrial if sufficient roadway access, by means of backage or other roads, to the State Highway is provided. E. Mixed-use areas located between commercial and residential land use designations are to provide a compatible transition between the higher intensity use of commercial and the lower intensity use of Neighborhood Residential. Uses for these mixed-use areas could include multi-family housing and or office related uses if determined by the Council through the public hearing process, to be appropriate. 8.5.9 Additional Land Use Component Policies: • Encourage flexibility in site design and innovative land uses. • Encourage landscaping to enhance the appearance of subdivisions, structures, and parking areas. • Require more open space and trees in subdivisions. • Work with Ada County Highway District (ACHD), Canyon Highway District #4 (CHD4), and Idaho Department of Transportation (ITD) for better coordination of roadway and access needs. • Support well-planned, pedestrian-friendly developments. • Dark sky provision should be adopted within the code to assure down style lighting in all developments and Star should consider joining the International Dark Sky Association. • The City should utilize the 2018 Treasure Valley Tree Selection Guide when requiring trees within developments. 18.4 Implementation Policies: E. Development Agreements allow the city to enter into a contract with a developer upon rezoning. The Development Agreement may provide the city and the developer with certain assurances regarding the proposed development upon rezoning. ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 11 PROJECT OVERVIEW PRELIMINARY PLAT: The Preliminary Plat submitted contains 14 single family residential lots, and 4 common area lots (2 open space lots, 1 private road lot & 1 common drive lot). The existing single-family dwelling located to the south of the proposed lake is not a part of this annexation and preliminary plat and will remain in Ada County as a 5-plus acre parcel. The residential lots range in size from 13,300 square feet to 20,700 square feet, with an average lot size of 15,811 square feet. All streets are proposed to be private streets and must be built to ACHD standards. The submitted preliminary plat indicates street widths at 27 feet, well below the minimum required by Section 8-4D-34B(4) of the UDC. The proposed preliminary plat indicates that the development will contain a total of 4.36 acres (14.2%) total open space within the common lots. As this is a continuation of the overall Moon Valley development, staff recognizes that the overall open space provided exceeds the minimum of 15% open space, 10% usable space required by Code. As this is an extension of the existing Moon Valley Subdivision, this new portion will benefit from the proposed amenities for the entire development, including a community clubhouse with gym, a resort style swimming pool, bocce ball courts, horseshoe pits, beachfront park area with a dock, cabanas and a boathouse, in addition to connection to pathways provided throughout the subdivision and along the Boise River. ADDITIONAL DEVELOPMENT FEATURES: • Private Streets The development is proposing private streets. As was approved with the rest of the Moon Valley development, all private streets should be built to ACHD roadway standards, including a minimum of 33 feet of improved width. The proposed streets appear to be consistent with the approved street widths in the rest of the development. • Common Drives - Access to the majority of the proposed home lots will be via common driveways. Although the UDC allows a maximum of two dwelling units to be served by a common driveway, and for the driveway widths to be a minimum of twenty-eight feet the applicant may request approval through the development agreement for alternatives to this requirement. However, Star Fire District must approve the use of these driveways as proposed. • Sidewalks Sidewalks are proposed at five-foot widths and will be attached and detached throughout this portion of the overall subdivision as proposed. ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 12 • Lighting Streetlights shall reflect the “Dark Sky” criteria with all lighting. The same streetlight design shall continue throughout the entire development. • Street Names Street names will be approved by the Ada Street Naming Committee prior to signature of final plat. • Landscaping - As required by the Unified Development Code, Chapter 8, Section 8-8C-2- M(2) Street Trees; A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. The landscaping plan submitted indicates street trees. The applicant shall use “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code. • Setbacks – The applicant is requesting reduced setbacks. “The reduced setbacks are being requested to allow for four patio homes to be clustered around each common drive located in the proposed subdivision”. Through the development agreement modification, the applicant is requesting approval of specific setbacks as follows: o 5’ Front Yard Setbacks o 3’ Side Yard Setbacks o 5’ Rear Yard Setbacks AGENCY RESPONSES Star Fire District March 11, 2020 Keller and Associates February 19, 2020 ITD March 11, 2020 ACHD March 11, 2020 Pioneer Irrigation District March 12, 2020 Central District Health Dept February 26, 2020 PUBLIC RESPONSES No Public Responses submitted to Staff to Date. STAFF ANALYSIS & RECOMMENDATIONS This preliminary plat application is revising a portion of the previously approved Moon Valley Subdivision approved in 2019. The existing, approved preliminary plat contained 37 single family residential lots on approximately 10 acres. This newly proposed preliminary plat redesigns the ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 13 previous 37 lots and adds an additional 56 residential lots and approximately 10 additional acres to the overall development. It also sets aside a future 11.14-acre mixed use lot (Lot 1, Block An overall gross density of 3.02 dwelling units per acre (4.72 du/acre minus mixed use lot) is proposed. Staff is overall supportive of the patio home design, layout and density of the proposed development application, as it provides an additional housing type to the overall development and further meets the intent of Mixed-Use residential. Council, based on their previous comments for the Moon Valley Subdivision, should review and address the proposal of additional residential uses in areas designated in the Comprehensive Plan as Commercial. In this instance, 33 residential lots (of which 12 were already approved under the previous plat for a net gain of 21 new homes) are located in the Commercial designation on the Comprehensive Plan Future Land Use Map (approximately 7 acres). It is important to point out, however, that this application is not for a rezone, and the existing Mixed-Use zoning allows for residential uses. Based upon the information provided to staff in the applications and agency comments received to date, staff finds that the proposed preliminary plat and development agreement modification request, meets the requirements, standards and intent for development as they relate to the Unified Development Code and the Comprehensive Plan. The Council should consider the entire record and testimony presented at their scheduled public hearing prior to rendering its decision on the matter. Should the Council vote to approve the applications, either as presented or with added conditions of approval, Council shall direct staff to draft findings of fact and conclusions of law for the Council to consider at a future date. FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve these applications, the Unified Development Code requires that Council must find the following: 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 mixed use and residential development, and meets the policies and 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. 3. Encourage commercial facilities to locate on transportation corridors. 2. Public Services are available or can be made available and are adequate to accommodate the proposed development. ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 14 The City must find that Agencies having jurisdiction on this parcel were notified of this action, and that it has not received notice that public services are not available or cannot be made available for this development. 3. There is public financial capability of supporting services for the proposed development; The City must find that they have not been notified of any deficiencies in public financial capabilities to support this development. 4. The development will not be detrimental to the public health, safety or general welfare; The City must find that it has not been presented with any facts stating this Preliminary Plat will be materially detrimental to the public health, safety and welfare. Residential uses are a permitted use. 5. The development preserves significant natural, scenic or historic features; The City must find that there are no known natural, scenic, or historic features that have been identified within this Preliminary Plat. PRIVATE ROAD FINDINGS: A. The design of the private street meets the requirements of this article; The City must find that the proposed private road meets the design standards in the Code. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity: The City must find that it has not been presented with any facts stating this private road will cause damage, hazard or nuisance, or other detriment to persons, property or uses in the vicinity. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. 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 ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 15 1. The approved Preliminary Plat for Moon Valley Estates Subdivision shall comply with all statutory requirements of applicable agencies and districts having jurisdiction in the City of Star. 2. All private streets shall have a minimum street width of 33’ and shall be constructed to ACHD standards. Private streets and common drives shall meet the requirements of the Star Fire District. 3. All approvals relating to floodplain/floodway issues and requirements shall be completed and approved by the City Flood Administrator prior to submittal of the final plat. Construction of any kind is prohibited prior to approval of a Floodplain application. 4. The property with the approved Preliminary Plat shall be satisfactorily weed abated at all times, preventing a public nuisance, per Star City Code. 5. Street trees shall be installed per Chapter 8, Section 8-8C-2-M(2) Street Trees. 6. All signed Irrigation District Agreements with the Irrigation Districts shall be provided to the City of Star with each subsequent Final Plat application. 7. Pressurized irrigation systems shall comply with the Irrigation District(s) and the City of Star Codes. Plans for pressurized irrigation systems shall be submitted to, and approved by the City of Star Engineer, prior to installation. 8. A plat note supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45, shall be shown on the Final Plat. 9. A copy of the CC&R’s shall be submitted to the City of Star at Final Plat. 10. A letter from the US Postal Service shall be given to the City at Final Plat stating the subdivision is in compliance with the Postal Service. 11. 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. 12. 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. 13. Streetlights shall comply with the Star City Code and shall be of the same design throughout the entire subdivision. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Homeowners Association. Streetlights shall be installed prior to any building occupancy. Design shall follow Code with requirements for light trespass and “Dark Skies” lighting. 14. Development standards for single family residential units shall comply with effective building and zoning requirements at time of building permit issuance, or as approved through the Development Agreement or as stated herein. 15. All common areas shall be maintained by the Homeowners Association. 16. The applicant shall provide a sign, to be located at all construction entrances, indicating the rules for all contractors that will be working on the property starting at grading and running through home sales that addresses items including but not limited to dust, music, dogs, starting/stopping hours for contractors (7a.m. start time). Sign shall be approved by the City prior to start of construction. 17. A sign application is required for any subdivision signs. ---PAGE BREAK--- MOON VALLEY COMMONS SUBDIVISION – FILE # PP-20- 05/DA-20-02 MOD 16 18. Any additional Condition of Approval as required by Staff and City Council. COUNCIL DECISION The Star City Council File #PP-20-05/DA-20-02 MOD for Moon Valley Commons Subdivision on 2020.