Document Star_doc_f15c1b19cb

STAR CITY COUNCIL SPECIAL MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, August 24, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. 1. CALL TO ORDER – Welcome/Pledge of Allegiance 2. INVOCATION – Bishop Scott Roberts – Star 5th Ward Church of Jesus Christ of Latter-Day Saints 3. ROLL CALL 4. PUBLIC HEARINGS & ACTION ITEMS A. East Star River Ranch (RZ-20-12/DA-20-28) – Commercial Rezone ONLY; Table Remaining Applications Indefinitely (PP-21-03/CU-21-01/PR-21-02) 5. (ACTION ITEMS) A. 2nd Reading – 342-2021 Canyon Highway District 4 / City of Star Impact Fee Ordinance B. Ordinance 344 – Cranefield Subdivision Rezone & Development Agreement C. Moyle Village Subdivision Development Agreement D. Moyle Heights Development Agreement E. Keller & Associates Highway 44 Monitor Agreement F. Bruce Borup – Private Street (PR-21-10) – Tabled from 8-17-21 G. Landyn Village (AZ-20-04; DA-21-14; PP-20-04; PUD-20-03 & PR-21-07) – Table Indefinitely 6. DISCUSSION ITEMS: 7. ADJOURNMENT The meeting can be viewed via a link posted to the City of Star website at staridaho.org. Information on how to participate in a public hearing remotely will be posted to staridaho.org under the meeting information. The public is always welcomed to submit comments in writing. Land Use Public Hearing Process Public signs up to speak at the public hearing Mayor Opens the Public Hearing Mayor asks council if there is any Ex Parte Contact Applicant has up to 20 minutes to present their project Council can ask the applicant questions and staff questions Public Testimony (3 minutes per person) 1. Those for the project speak 2. Those against the project speak 3. Those who are neither for or against but wish to speak to the project 4. Council may ask the individual speaking follow-up questions that does not count towards their 3 minutes Applicant rebuttal (10 minutes) Council can ask the applicant and staff questions Mayor closes the public hearing Council deliberates Motion is made to approve, approve with conditions, deny or table the application to a date certain in the future Thank you for coming to the Star City Council meeting, public involvement is fantastic and helps in shaping our city for the future. As this is a public hearing, there will be no cheering, clapping, jeering or speaking out during the hearing. Only the person at the podium has the floor to speak during their allotted time. If someone does speak out, cheer, claps, etc. they will be asked to leave the hearing and or escorted out of the hearing. We want to keep these hearings civil so everyone can be heard. Thank you for your participation. Mayor Trevor Chadwick PUBLIC NOTICE: THIS MEETING IS RECORDED AND PLACED IN AN ONLINE FORMAT. PERSONS MAY EITHER VIEW OR LISTEN TO VIDEO / AUDIO OF THIS MEETING UNTIL SUCH TIME THE RECORDING IS DESTROYED UNDER THE CITY’S RECORD RETENTION POLICY. ---PAGE BREAK--- STAR CITY COUNCIL SPECIAL MEETING AGENDA City Hall - 10769 W State Street, Star, Idaho Tuesday, August 24, 2021 7:00 PM Any person needing special accommodation to participate in the above noticed meeting should contact the City Clerk’s Office at [PHONE REDACTED], at least 24 hours in advance of the meeting date. FUTURE MEETING TOPICS – INFORMATIONAL PURPOSES ONLY Subject Proposed Action Tentative Date Canyon Highway District 4 – Transportation Impact Fees Resolution to adopt August 17, 2021 Canyon Highway District 4 Transportation Impact Fee Agreement to Collect September 2021 Fiscal Year 2020/2021 Audit Presentation Presentation & Acceptance September 7, 2021 South of the River Plan Comprehensive Plan Proposal Presentation & Public Hearing – Resolution to Adopt September 2021 Landyn Village Subdivision Public Hearing – Annexation, Zoning, Development Agreement, PUD, Private Streets Tabled to August 24, 2021 – Awaiting ACHD/ITD Review Comments Moon Valley Townhomes Public Hearing – Zone Change, Preliminary Plat & Development Agreement September 7, 2021 Fountain Park Subdivision Public Hearing – Annexation & Zoning, Preliminary Plat & Development Agreement September 7, 2021 Milestone Ranch Subdivision Public Hearing – Annexation & Zoning, Development Agreement, Preliminary Plat September 21, 2021 Rooster Hollow Subdivision Public Hearing – Rezone, Development Agreement, PUD, Preliminary Plat September 21, 2021 Langtree Bungalows Subdivision Public Hearing – Annexation & Zoning, Development Agreement, Preliminary Plat, Private Streets October 5, 2021 Stardust Place Annexation & Rezone Public Hearing – Rezone, Development Agreement, Preliminary Plat October 5, 2021 Piedmont Place Annexation & Rezone Public Hearing – Annexation & Zoning, October 19, 2021 Tommy’s Car Wash Public Hearing – Conditional Use Permit October 19, 2021 Willowbrook Annexation & Rezone Public Hearing – Annexation & Zoning, PUD, Development Agreement Submitted and under Staff Completeness Review – No Hearing Date Set Venue Use Ordinance Ordinance Under Development Consolidated Fee Schedule Resolution Under Development Personnel Policy Manual Resolution Under Development Social Media Policy Resolution Under Development Ethics Manual Resolution Under Development Surplus Property Designation Resolution Under Development Open Container / Public Places Ordinance September 2021 ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, Planning Director and Zoning Administrator MEETING DATE: August 24, 2021 – PUBLIC HEARING Tabled from May 4, June 15 & July 20, 2021 FILE(S) RZ-20-12-Rezone DA-20-28 Development Agreement PP-21-03 Preliminary Plat for East Star River Ranch Subdivision CUP-21-01 Senior Living Facility PR-21-02 Private Road OWNER/APPLICANT/REPRESENTATIVE Property Owner/Applicant: Representative: Paul Larson Jay Walker Star River Development, LLC Alterra Consulting, LLC 855 S. Calhoun Place 849 E. State Street, Ste. 104 Star, ID 83669 Eagle, ID 83616 REQUEST Request: The Applicant is seeking approval of a Rezone (R-8 & C-2) , a Development Agreement, a Preliminary Plat for a proposed residential and commercial subdivision consisting of 266 residential lots, 21 commercial lots and multiple common lots, a Conditional Use Permit for a Senior Living Facility and Private Streets. The property is located at 8874 W. Wildbranch Street and 855 S. Calhoun Place in Star, Idaho and consists of a total of 59.29 acres. Due to the uncertainty of when the City will receive the ACHD and ITD reviews for this entire development, Staff is recommending that Council move forward with just the Commercial Rezone at this time and table the remaining applications indefinitely until the transportation issues are resolved. In moving forward with a public hearing and Council decision now on the Commercial rezone portion of the application for the property located adjacent to W. State Street, the developer/property owner will be able to continue to pursue his commercial options on the existing commercially zoned property. ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 2 PROPERTY INFORMATION Property Location: The subject property is generally located on the south side of W. State Street between S. Moyle Avenue and Highway 16. Ada County Parcel No’s. S0416212640, S0416212620, S0416212422, S0416212470, S0416212660, S0416212552, S0416212580 & S0416244220. Existing Site Characteristics: The property is currently improved with an existing home and outbuildings. The parcel is in agricultural production. Irrigation/Drainage District(s): - Farmer’s Union Ditch Company, LTD P.O. Box 1474, Eagle, ID 83616 Flood Zone: The development is located outside a special flood hazard zone and in Zone X. Special On-Site Features: ➢ Areas of Critical Environmental Concern – No known areas. ➢ Evidence of Erosion – No evidence. ➢ Fish Habitat – No known areas. ➢ Mature Trees – Yes. ➢ Riparian Vegetation – No known areas. ➢ Steep Slopes – None evident. ➢ Stream/Creek – The open water is limited to the irrigation ditch. ➢ 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 other than local birds have been observed. ➢ Historical Assets – No historical assets have been observed. APPLICATION REQUIREMENTS Pre-Application Meeting Held September 22, 2020 Neighborhood Meeting Held October 1, 2020 Application Submitted & Fees Paid February 25, 2021 Application Accepted March 8, 2021 Residents within 300’ Notified March 8, 2021; August 4, 2021 Agencies Notified March 8, 2021 Legal Notice Published July 23, 2021; August 6, 2021 Property Posted April 23, 2021; July 29, 2021 ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 3 HISTORY April 3, 2018 Council approved Comprehensive Plan Map Amendment (CPA-18- 03), changing designation from Mixed Use to Commercial and Residential and annexation and zoning (AZ-18-03), of 9.437 acres as Commercial (C-1) and 24.02 acres as Residential Total acreage of this request was 33.46 acres. SURROUNDING ZONING/COMPREHENSIVE PLAN MAP/LAND USE DESIGNATIONS Zoning Designation Comp Plan Designation Land Use Existing Commercial (C-1)/Light Office (L-O)/Compact Residential (R-8) Commercial, Mixed Use, Compact Residential Agricultural/Residential/ Vacant Proposed Compact Residential (R-8) & Commercial (C-2) Commercial, Mixed Use, Compact Residential Agricultural/Residential/ Vacant North of site Rural Urban Transition (RUT)/ Commercial 2)/Mixed Use (MU) Commercial, Mixed Use Highway 44/Single Family Residential/Storage Units/Vacant/Agriculture South of site Rural Urban Transition (RUT) Existing Public Use/Parks & Open Space Boise River/Vacant East of site Compact Residential (R-14- DA)/Commercial (C-1) Commercial, Mixed Use Springs Apartments/Vacant West of site Residential (R-2- DA)/Rural Urban Transition (RUT) Commercial, Mixed Use, Compact Residential Parkstone Subdivision No. 6/Single Family Residential/Agriculture 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 ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 4 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city. 5. The annexation (as applicable) is in the best interest of city. 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED: C-1 NEIGHBORHOOD BUSINESS DISTRICT: To provide for the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods, where compatible. ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 5 C-2 GENERAL BUSINESS DISTRICT: To provide for the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones, and typically located adjacent to arterial roadways and not immediately adjacent to residential, including the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. 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 – (Comparison between C-1 & C-2 with less restrictive use is highlighted in Red). Other sensitive uses that Council might want to consider are highlighted in yellow. Uses specifically requested by Applicant are highlighted in green. The following table lists principal permitted accessory uses conditional uses allowed in the Commercial Zones. Prohibited uses have been omitted. ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 6 ZONING DISTRICT USES USES Current C-1 Current C-2 Proposed 2018 C-1 Original Approval 2018 C-2 Accessory structure - Res or Com A A C N Animal care facility 1 P P P P Artist studio1 P P C P Arts, entertainment, recreation facility1 C P Auction facility N C C C Automated Teller Machine (ATM) 1 A A Automotive mechanical/electrical repair and maintenance C P P P Bakery- Retail or Manufacturing P P N P Bar/tavern/lounge/drinking establishment C P C C Barbershop/styling salon P P P P Bed and breakfast P P C N Brewery/Distillery C P C C Brewpub/Wine Tasting C P C C Building material, garden equipment and supplies C P C P Caretaker Unit 1 A A Child Care center (more than 12) 1 C C C C Child Care family (6 or fewer) 1 A A Child Care group (7-12) 1 C C C C Child Care-Preschool/Early Learning1 C C C C Church or place of religious worship1 P P C C ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 7 Current C-1 Current C-2 Proposed 2018 C-1 Original Approval 2018 C-2 Civic, social or fraternal organization P P Conference/convention center P P Convenience store C P P P Drive-through establishment/drive-up service window 1 P P C C Dwelling: Single-family detached **See Development Agreement Conditions of Approval N N P N Educational institution, private C C C C Educational institution, public C C C C Equipment rental, sales, and services C P Events Center, public or private (indoor/outdoor) C C C C Fabrication shop N P N P Farmers' or Saturday market C C - - Financial institution P P P P Fireworks Stands P P C C Flex Space C P - - Food products processing C C N N Gasoline, Fueling & Charging station with or without convenience store 1 C P P P Golf course C C C C Government office P P P P ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 8 Current C-1 Current C-2 Proposed 2018 C-1 Original Approval 2018 C-2 Greenhouse, commercial C P C C Healthcare and social services P P P P Hospital C P C P Hotel/motel C P P P Industry, information P P Institution C P Kennel N C C C Laboratory P P P P Laboratory, medical P P P P Laundromat P P P P Laundry and dry cleaning P P C P Library P P P P Manufacturing plant N C N N Medical clinic P P P P Mining, Pit or Quarry (accessory pit) 1 A A A A Mortuary C P C P Museum P P Nursery, garden center and farm supply P P P P Nursing or residential care facility 1 P P C C Office security facility P P C C Parking lot/parking garage C C C C ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 9 Current C-1 Current C-2 Proposed 2018 C-1 Original Approval 2018 C-2 Parks, public and private P P C C Pawnshop P P P C Personal and professional services P P P P Pharmacy P P P P Photographic studio P P P P Portable classroom/modular building (for private & public Educational Institutions) C C C C Professional offices P P P P Public infrastructure; Public utility major, minor and yard 1 C C C C Public utility yard C C N C Recreational vehicle dump station C C C C Recycling center C C N N Research activities P P Restaurant C P P P Retail store/retail services C P P P Retirement home C N N P Service building P P C C Shooting range (Indoor/Outdoor) C/N C/N C C Shopping center C P C C Storage facility, outdoor (commercial)1 C P C C ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 10 Current C-1 Current C-2 Proposed 2018 C-1 Original Approval 2018 C-2 Storage facility, self-service (commercial)1 C P C C Swimming pool, commercial/public P P C C Television station N C N N Terminal, freight or truck 1 N C N N Truck stop N C N N Vehicle emission testing 1 P P P P Vehicle repair, major 1 C P P P Vehicle repair, minor 1 C P P P Vehicle sales or rental and service 1 C P C P Vehicle washing facility 1 C P P P Veterinarian office P P P P Warehouse and storage N P N C Wholesale sales P P Winery N C N C Wireless communication facility 1 C C Woodworking shop N P P P ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 11 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: Zoning District Maximum Height Note Conditions Minimum Yard Setbacks Note Conditions Front Rear Interior Side Street Side Commercial C-1 35' 20’ 5’ 0' 20' Commercial C-2 35’ 20’ 5’ 0’ 20’ COMPREHENSIVE PLAN: 8.2.3 Land Use Map Designations: 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. Light industrial uses may be considered at the discretion of the City Council without amending this plan. 8.3 Goal: Encourage the development of a diverse community that provides a mix of land uses, housing types, and a variety of employment options, social and recreational opportunities, and where possible, an assortment of amenities within walking distance of residential development. 8.4 Objectives: • Preserve the family friendly feel of Star. • Implement the Land Use Map and associated policies as the official guide for development. • Encourage commercial development that is consistent with a family friendly feel, not overburdening the community with big box and franchise uses and discourage the development of strip commercial areas. ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 12 • Encourage land uses that are in harmony with existing resources, scenic areas, natural wildlife areas, and surrounding land uses. • Discourage development within the floodplain. 8.5.6 Policies Related Mostly to the Commercial Planning Areas: A. Assist in the provision of coordinated, efficient, and cost effective public facilities and utility services, carefully managing both residential and non- residential development and design, and proactively reinforcing downtown Star’s role as the urban core while protecting existing property rights. B. Encourage commercial facilities to locate on transportation corridors. C. Locate neighborhood services within walking distance to residential development. D. Discourage the development of strip commercial areas. E. Maintain and develop convenient access and opportunities for shopping and employment activities. F. Commercial areas of five acres or less should be encouraged in residential land use designations with appropriate zoning to allow for commercial services for residential neighborhoods and to limit trip Such commercial areas should be submitted for approvals with a Conditional Use Permit or Development Agreement to assure that conditions are placed on the use to provide for compatibility with existing or planned residential uses. These areas should be oriented with the front on a collector or arterial street. 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. • 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--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 13 PROJECT OVERVIEW COMMERCIAL REZONE: The rezone request from Neighborhood Business District (C-1) to General Business District (C-2) on parcels S0416212470, S0416212422, S0416212620, S0416212640, and S0416212660, meets the intent of the Comprehensive Plan and still allows for desired commercial development. In 2018, the Council approved annexation and rezone of this property to Neighborhood Business District The C-1 uses allowed on the applicants property at the time of annexation and zoning in 2018 were reviewed by Council and approved, some as principally permitted uses, including a gas station, which was discussed in detail at the hearing. A copy of the minutes from that hearing have been provided by Staff as part of this record. At that time, however, a Development Agreement was not included with the approval by the City, which would have recognized those future allowed C-1 land uses with the property regardless of whether or not the City amended their Zoning Ordinance in 2020, thus changing the use allowances. This current request by the applicant to rezone the parcels from C-1 to C-2 simply fixes the oversight of not including a Development Agreement with the approval in 2018. It should be noted that All future commercial uses proposed will be required to submit a Design Review/Certificate of Zoning Compliance application for review and approval by Staff, regardless of what type of use it is. The master development plan submitted with the overall development application includes a small area of six single-family detached residential lots designed as a transition/buffer to the existing residential uses (Heron River Subdivision) to the west. The current request is to approve these lots within the current C-2 zoning through the Development Agreement. Future platting of the lots is still required as part of the additional applications. The applicant has provided the City with renderings of the future fuel station and convenience store planned on the property east of Moyle Ave. DEVELOPMENT AGREEMENT Through the Development Agreement process, the applicant is proposing to work with the City to provide further insurances that the development will be built as presented and/or modified by the Council through the review process. In addition, the Development Agreement allows the Council to prohibit certain allowed uses outright or require Conditional Use approval should Council desire to have further input on the use. The applicant has already proposed to keep the compatible C-1 (Neighborhood Commercial) type uses adjacent to Heron River Subdivision on the west side of Moyle Ave. A list of uses prohibited on the west are listed below. Staff does have concerns about allowing Storage Units as a Principally Permitted use anywhere on the property. The Council should discuss the possibility of this prime commercial land being used for storage. ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 14 Uses proposed by the Applicant to be prohibited West of Moyle Ave adjacent to Heron River residents include: • Auto Repair & Maintenance • Bar Tavern/Lounge • Equipment Rental • Gas Station • Green House • Hospital • Hotel/Motel • Mortuary • Shopping Center • Storage Facility • Car Wash • Woodworking Shop Brewery/Distillery Brewpub/Wine Tasting Convenience Store Fabrication Shop Kennel Manufacturing Plant **Staff recommended additions to prohibited uses. Additional uses proposed to be allowed as Principally Permitted uses by the Applicant in all other C-2 parcels include: • Childcare 1-12, & 12 and more • Pre-School/Early Learning • Events Center • Farmers Market Further items that can be considered by the Council to include in the Development Agreement: • Residential Lot Allowance; • Transitional Uses Against Heron River; • Allowed Commercial Uses; • Storage Units as Principal Permitted • Additional buffering/noise reduction Requirements adjacent to existing residential AGENCY RESPONSES ITD Forthcoming ACHD Forthcoming ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 15 PUBLIC RESPONSES None Provided to Staff at the time of Staff Report. STAFF ANALYSIS & RECOMMENDATIONS Staff is supportive of the Council approval of the commercial rezone of this property to bring it up to date with what was originally approved and intended for the property regarding land uses. Staff recommends the Council review with the applicant all uses allowed either Principally Permitted or Conditionally Permitted to determine if specific uses should be further regulated through the Development agreement. Staff recommends that the Council table the remaining applications indefinitely to allow the transportation agencies time to respond to the remaining development application. Based upon the information provided to staff in the applications and agency comments received to date, staff finds that the proposed rezone and development agreement 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 rezone application, 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: 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. ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 16 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 General Business District is to provide for the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones, and typically located adjacent to arterial roadways and not immediately adjacent to residential, including the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. 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 the annexation and/or 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 and/or zoning is reasonably necessary for the orderly development of the City. 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. ---PAGE BREAK--- EAST STAR RIVER RANCH – FILE # RZ-20-12/DA-20-28/PP-21-03 CUP-21-01/PR-21-02 17 COUNCIL DECISION The Star City Council File #RZ-20-12/DA-20-28 for Paul Larson on 2021. ---PAGE BREAK--- COMMERCIAL REZONE ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- EXISTING ELECTRICAL BOX E EXISTING FENCE TRAFFIC SIGNAL POLE EXISTING WATER VALVE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE W H Y D SS WF W PROPERTY BOUNDARY SECTION LINE EASEMENT LINE EXISTING WATER MANHOLE EXISTING WATER FAUCET EXISTING NATURAL GROUND COUNTOUR T EXISTING EDGE OF PAVEMENT EXISTING EDGE OF GRAVEL EXISTING TOP OF BANK EXISTING OVERHEAD POWER EXISTING GUY ANCHOR EXISTING TELEPHONE RISER EXISTING POWER POLE EXISTING SIGN CABLE TELEVISION RISER TELEPHONE MANHOLE T C POWER MANHOLE P GAS VALVE G EXISTING LIGHT POLE IRRIGATION CONTROL BOX IRR IRRIGATION VALVE IR E EEE E E E E E H Y D WW WW W W WW W T TT T T T T T T T C P P G WF WF WF W W W IRR IRRIRR IRR IR SS SS SS SS SS SS SS SS SS SS PRELIMINARY PLAT FOR E 1/2 OF THE NW 1/4 OF SECTION 16, T.4N., R.1W., B.M. STAR, ADA COUNTY, IDAHO 2021 VICINITY MAP 800' PROJECT SITE GENERAL LEGEND 1 1 8 Revisions EAST STAR RIVER RANCH SUBDIVISION SCALE IN FEET 0 100 50 100 200 1"=100' RSC COVER SHEET CALL BEFORE YOU DIG! LAND SURVEYOR CIVIL ENGINEER DEVELOPER REPRESENTATIVE UTILITY REPRESENTATIVES PHONE REPRESENTATIVE UTILITY TELEPHONE SEWER WATER ROADS ELECTRICITY GAS IRRIGATION FIRE (208) 385-2144 (208) 286-7388 (208) 286-7388 (208) 454-8135 (208) 388-6320 (208) 377-6839 (208) 459-3617 (208) 286-7772 CENTURY LINK STAR SEWER & WATER DISTRICT ADA COUNTY HIGHWAY DISTRICT IDAHO POWER INTERMOUNTAIN GAS PIONEER IRRIGATION DISTRICT STAR FIRE DISTRICT STAR SEWER & WATER DISTRICT AGENCY REVIEW NOT APPROVED FOR CONSTRUCTION NOTES: TOTAL ACRES TOWN HOME COMMERCIAL RETIREMENT COMMON SINGLE FAMILY TOTAL EXISTING L-O, R-8 PROPOSED R-8 w/ DA MINIMUM (zone) LOT sq.ft. MINIMUM PROPOSED LOT sq.ft. AVERAGE LOT SIZE: SINGLE FAMILY TOWN sq.ft. SINGLE FAMILY sq.ft sq.ft. OPEN ACRES (15 SITE DATA: BUILDING SETBACKS: 1. SEWER AND WATER SERVICES WILL BE EXTENDED TO EACH LOT. 2. ANY RE-SUBDIVISION OF THE PLAT SHALL COMPLY WITH THE APPLICABLE REGULATIONS IN EFFECT AT THE TIME OF THE RE-SUBDIVISION AND MAY REQUIRE AMENDMENT OF THE DEVELOPMENT AGREEMENT. 3. BUILDING SETBACKS AND DIMENSIONAL STANDARD IN THE SUBDIVISION SHALL BE IN COMPLIANCE WITH THE APPLICABLE ZONING REGULATIONS OR AS SPECIFICALLY APPROVED BY THE CITY OF STAR AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT. 4. THIS DEVELOPMENT RECOGNIZES SECTION 22-4503 OF THE IDAHO CODE, RIGHT TO FARM ACT, WHICH STATES: AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF NOT A NUISANCE EXCEPTION. NO AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF SHALL BE OR BECOME A NUISANCE, PRIVATE OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR ABOUT THE SURROUNDING NONAGRICULTURAL ACTIVITIES AFTER IT HAS BEEN IN OPERATION FOR MORE THAN ONE YEAR, WHEN THE OPERATION, FACILITY OR EXPANSION WAS NOT A NUISANCE AT THE TIME IT BEGAN OR WAS CONSTRUCTED. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WHEN A NUISANCE RESULTS FROM THE IMPROPER OR NEGLIGENT OPERATION OF AN AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF. 5. THE DEVELOPMENT OF THIS PROPERTY SHALL BE IN COMPLIANCE WITH STAR CITY CODE. 6. STORM WATER SHALL BE RETAINED ON-SITE THROUGH SURFACE AND SUBSURFACE FACILITIES. 7. ALL ONSITE LANDSCAPING WILL BE MAINTAINED BY THE HOME OWNER'S ASSOCIATION AND IRRIGATED VIA THE SITE'S PROPOSED PUMP STATION WHICH UTILIZES (irrigation entity) SURFACE WATER RIGHTS. 8. THE DEVELOPMENT OF THIS PROPERTY SHALL BE IN CONFORMANCE WITH THE DEVELOPMENT AGREEMENT, INSTRUMENT AND ANY SUBSEQUENT MODIFICATIONS. OWNER SOILS ENGINEER TRAFFIC ENGINEER SEE SHEET 2 SEE SHEET 3 SEE SHEET 3 SEE SHEET 4 SEE SHEET 4 SEE SHEET 5 SEE SHEET 5 SEE SHEET 6 (LIVING) (GARAGE (ALLEY LOAD) (IF ALLEY LOAD) STREET (208) 571-3804 MIDDLETON MILL DITCH COMPANY Six Single-Family Attached Residential Boundary for Commercial Rezone from C-1 to C-2 Neighborhood Commercial Uses Gas Station/ C-Store Location W. STATE STREET MOYLE AVE ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ORDINANCE NO. 344 (CRANEFIELD SUBDIVISION REZONE) AN ORDINANCE REZONING CERTAIN REAL PROPERTY LOCATED IN THE CITY OF STAR; MORE SPECIFICALLY LOCATED AT 12667 W. STATE STREET, STAR, IDAHO (ADA COUNTY PARCEL S0418223400); REZONING THE PROPERTY FROM RESIDENTIAL (R-3) TO RESIDENTIAL (R-4-DA) WITH A DEVELOPOMENT AGREEMENT; THE PROPERTIES ARE OWNED BY STAR SPRINGS L.P. AND CONTAIN APPROXIMATELY 50.56 ACRES; DIRECTING THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon County, Idaho (“the City”), is a municipal corporation organized and operating under the laws of the State of Idaho and is authorized and required by the Constitution and laws of the State of Idaho to adopt land use regulations and classifications; and WHEREAS, pursuant to Section 67-6524, Idaho Code, the City of Star has adopted the Unified Development Code Ordinance, the same being Ordinance No. 303, adopted on March 3, 2020 and subsequently amended; and WHEREAS, the real property described in Section 1 of this Ordinance is classified as a Residential District (R-3) under the Unified Development Code of the City, and the owners have requested that the zoning classification be changed to a Residential District with a Development Agreement (R-4-DA); and WHEREAS, the Mayor and Council, held a public hearing on June 1, 2021, and determined that the requested change in zoning classification should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR, IDAHO, as follows: Section 1: The Mayor and Council of the City of Star, Idaho, hereby find and declare that the real property described in Section 2 of this Ordinance is contiguous to the City, that said property can be reasonably assumed to be used for orderly development of the City, that the owner(s) of said property have requested, in writing, annexation of said property by the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied. Section 2: The real property, described in the attached “Exhibit situated in Ada County, Idaho, is hereby annexed into the City of Star. From and after the effective date of this Ordinance, the residents and other occupants and property owners within such area shall enjoy all the rights and responsibilities and shall be subject to all ordinances, resolutions, police regulations, taxation and other powers of the City of Star as their fellow residents, occupants, and owners within the City of Star. ---PAGE BREAK--- Section 3: The zoning land use classification of the land described in Section 2 above, is hereby established as Residential with a Development Agreement (R-4-DA), as provided by the Unified Development Code of the City of Star. The Zoning Map of the City is hereby amended to include the real property described in Section 2 above in the Residential with a Development Agreement (R-4-DA) land use classification. Section 4: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 5: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code maybe be published. DATED this day of 2021. CITY OF STAR Ada and Canyon County, Idaho BY: ATTEST: Trevor A. Chadwick, Mayor Jacob M. Qualls, City Clerk ---PAGE BREAK--- DEVELOPMENT AGREEMENT CRANEFIELD SUBDIVISION This Development Agreement ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and Star Springs, LP, hereinafter referred to as "Owner". WHEREAS, Owner owns parcels of land of approximately 50.56 acres in size, currently located within Ada County, zoned R-3 and more particularly described in Exhibit A of Ordinance 344, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, Owner has requested that the Property be rezoned in the City and developed in accordance with the applicable ordinances and regulations of the City and this Agreement; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, Owner desires to be assured that it may proceed with allowing its Property to be rezoned in accordance with this Agreement; WHEREAS, the parties agree to the zoning designations for various parcels within the Property to be rezoned in accordance with this Agreement; WHEREAS, Developer filed with the City of Star, a Request to Rezone the Property to R-4-DA, as File No. RZ-21-02/DA-21-04, so that the City can review all of the applications affecting the use and development of the Property in an integrated manner consistent with the City's Comprehensive Plan and land use ordinances; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, the City and Owner, for and in consideration of the mutual covenants, duties and obligations herein set forth, hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. ---PAGE BREAK--- Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. As to the Parcel shown on Exhibit A, Owner is allowed to develop 50.56 acres as follows: • Zoning Classification: The zoning classification shall be a R-4-DA. • The Owner shall comply with all city ordinances relating to the property except as otherwise provided herein. 2.2 Site Design. The Preliminary Plat, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 203 lots (137 detached single-family residential lots and 66 attached single-family residential lots). 2.4 Setbacks. The development shall follow the setbacks required in the R-4 zoning district for the Residential Uses with the exception of the Council approved setbacks for the attached units: • Zero setback for interior lot lines, and • 3-foot rear setback from garage to alley. • 14-foot corner side yards from back of sidewalk. • 14-foot front yards from back of sidewalk. • 15 feet minimum between buildings. 2.5 Additional Requirements: • Match rear lot widths of Lots 2-9, Block 6* of the approved Preliminary Plat with rear lot lines of the adjacent Pinewood Lakes Subdivision to the east. This may result in the removal of one lot. • Match rear lot lines of Lots 11-24, Block 6* of the approved Preliminary Plat with rear lot lines of the adjacent rectangular lots in Pinewood Lakes Subdivision to the east and utilize those lot widths adjacent to the pie shaped lots. This may result in the removal of one or more lots. • Construction traffic shall be directed north to W. State Street via the Stonecrest Subdivision access. No heavy equipment shall be transported to or from the construction site through adjacent subdivisions during normal school bus pick-up or drop-off hours. • Twenty Foot (20’) rear yard setbacks (R-2 standard) shall only be allowed on all lots along the eastern boundary of the development, south of the Lawrence Kennedy Canal (Lots 11-24, Block 6* of the approved Preliminary Plat). • Single-story homes shall be required where abutting existing single-story homes in Pinewood Lakes Subdivision along the eastern boundary of the ---PAGE BREAK--- development, south of the Lawrence Kennedy Canal (Lots 11-24, Block 6* of the approved Preliminary Plat). • Parking spaces shall be provided for the pool for guest parking. This shall be illustrated in the revised landscape plan. • A Conditional Letter of Map Revision (CLOMR) shall be required prior to any construction on the property. • A six-foot vinyl fence shall be constructed along the entire western boundary of the subdivision adjacent to the existing agricultural use to the west. A gate shall be required at the northern stub street to the west unless an emergency or secondary access connection is not obtained, at which point the fencing shall be solid at the stub. • The developer shall extend the right of way of the future extension of Bridger Bay Drive to the north boundary of the subdivision at the 3-way intersection in the northwest corner of the development in order to accommodate a potential four-way intersection and future northern roadway extension. If a connection to the north is not approved within one year of the approval date of Cranefield Subdivision, this condition shall not apply. • Rear fences of lots, where fencing currently does not exist, abutting Pinewood Lakes Subdivision south of the Lawrence-Kennedy Lateral shall have wrought iron style fencing installed by the developer. • The applicant shall dedicate a public access easement for the pathway along the Lawrence-Kennedy Lateral to the City for public use. • The Council hereby allows, through the Development Agreement process, waivers to the 750’ maximum block length and the allowance of attached single-family dwellings in the R-4 zoning district. *Lot numbers subject to change with revised Preliminary Plat 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the $72,798.00 traffic mitigation fee determined, or revised, by the Idaho Transportation Department as follows: the Developer will pay the City $355.00 per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. ---PAGE BREAK--- 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fail to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by Owner before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. Owner shall provide an affidavit agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit is incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein. This Agreement may be modified or terminated by the. Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the City and Owner, and their respective heirs, administrators, ---PAGE BREAK--- executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 Owner(s): Star Springs LP Michael D. Marks 512 Via De La Valle Suite 300 Solana Beach, CA 92075-2715 7.5 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto of a fully executed copy of this Agreement. ---PAGE BREAK--- 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- OWNER: Michael D. Marks, Star Springs, L.P. Its: Registered Agent STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Michael D. Marks, known or identified to me to be the persons who subscribed their names to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: ---PAGE BREAK--- DEVELOPMENT VILLAGE SUBDIVISION AGREEMENT DA-21-05 - 1 DEVELOPMENT AGREEMENT MOYLE VILLAGESUBDIVISION This Development Agreement for Moyle Village Subdivision (“Agreement”) is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as “City”, and Toll Southwest LLC, a Delaware limited liability company (“Owner” or “Developer”). WHEREAS, Owner owns approximately 52.23 acres, currently located within the City of Star, Ada County, zoned R-3 and more particularly described in Exhibit A, which is attached hereto and incorporated by reference herein (the “Property”); WHEREAS, on August 21, 2007, the Property was annexed into the City of Star, Ada County, and zoned R-3 as part of Ordinance 182; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, and for a specific purpose or use and with specific approved design and dimensional standards; WHEREAS, it is the intent and desire of the parties hereto to proceed with development of the Property in accordance with this Agreement; WHEREAS, the intent of this Agreement is to protect the rights of Owner’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, for and in consideration of the mutual covenants, duties and obligations herein set forth, the parties hereby agree as follows: Section 1 Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. Section 2 Development/Uses/Standards. • Development Acreage and Uses Permitted. The Property is approximately 52.23 acres and is allowed to be developed as follows: • Zoning Classification: The zoning classification of the Property is R-3-DA. • The Development of the Property shall comply with all city ordinances relating to the Property except as otherwise provided herein. • Site Design. The Property shall be developed in substantial conformance with the approved Preliminary Plat, which is attached hereto and incorporated by reference herein as Exhibit B. ---PAGE BREAK--- DEVELOPMENT VILLAGE SUBDIVISION AGREEMENT DA-21-05 - 2 • Uses. Residential single-family uses are allowed on the Property. The development is approved for a maximum of 149 single-family detached residential lots. • Setbacks. The development shall comply with the standard Setback Requirements of the R-3 zone with the exception of the following Council approved setbacks and dimensional standards: • Council approves reduced side yard setbacks to 5-feet for one and two-story homes along the western boundary of the Property for a total of 35 lots (Lots 2-21, Block 9, Lots 2-8, Block 7 and Lots 16-24, Block 2 of the approved Preliminary Plat). Lots with reduced side yard setbacks will include enhanced landscaping in the front and side yards, to be referenced on revised Landscape Plan. • Lots 2-10, Block 5 and Lots 2-6, Block 12 of the approved Preliminary Plat shall have a 20-foot rear yard setback. • Additional Requirements: • Following recording of a final plat for Lot 2, Block 1 of the approved Preliminary Plat, Lot 2, Block 1 shall be conveyed to the property owner at 9600 W. Beacon Light Road. Prior to conveyance, Owner shall include an interim access easement prior to recording of the first phase of the subdivision and shall be recognized as an agricultural lot to be used in conjunction with the un-platted out-parcel at 9600 W. Beacon Light Road. • Right to Farm Act will be included on the Final Plat. • Coordinate animal friendly fencing on property line with owners of 3985 N. Pollard Lane and 9800 W. Beacon Light Road. • One lot shall be removed between Lots 3-6, Block 2 of the approved Preliminary Plat with remaining lots being widened equally. • Public access shall be dedicated for the 5' pathway located adjacent to the Farmers Union Canal. This pathway shall be paved. • The stub street located to the east between Lots 10, Block 5 and Lot 2, Block 12 of the approved Preliminary Plat shall be removed, if approved by ACHD. The owner shall work with ACHD to remove the stub. • Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the Forty-Three Thousand One Hundred Forty Dollars and Sixty-Four Cents ($43,140.64) traffic mitigation fee calculated by the Idaho Transportation Department as follows: the Developer will pay the City Two Hundred Eighty-Nine Dollars and Fifty-Three Cents ($289.53) per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate ---PAGE BREAK--- DEVELOPMENT VILLAGE SUBDIVISION AGREEMENT DA-21-05 - 3 the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. • Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fails to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. • Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3 Affidavit of Property Owner. At the City's request, Owner shall provide an affidavit agreeing to submit the Property to this Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit will be incorporated herein by reference. Section 4 Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein, provided that Owner shall be given notice of any such default and a reasonable amount of time to cure any default following notice from City. In the event of an uncured default by Developer, this Agreement may be modified or terminated by the Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified as set forth in the Star City Ordinances, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5 Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any ---PAGE BREAK--- DEVELOPMENT VILLAGE SUBDIVISION AGREEMENT DA-21-05 - 4 extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6 Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of Developer. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the parties, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with such owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7 General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by each of the parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 Owner: Toll Southwest LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 ---PAGE BREAK--- DEVELOPMENT VILLAGE SUBDIVISION AGREEMENT DA-21-05 - 5 7.5 Effective Date. This Agreement shall be effective after each of the parties hereto have executed this Agreement and it has been recorded in the real property records of the Ada County Recorder. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day of 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- DEVELOPMENT VILLAGE SUBDIVISION AGREEMENT DA-21-05 - 6 OWNER: TOLL SOUTHWEST LLC, a Delaware limited liability company By: Susan Stanley Its: Division President STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2021, before me the undersigned, a Notary Public in and for said state, personally appeared Susan Stanley, known to me to be the Division President of Toll Southwest LLC, who subscribed her name to the foregoing instrument, and acknowledged to me that she executed the same in said limited liability company's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission expires ---PAGE BREAK--- EXHIBIT A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- SEW SEW SEW SEW SEW SEW SEW SEW SEW 1 1 2 1 1 2 2 2 2 1 1 3 3 3 1 1 1 1 PRE-1 PRELIMINARY PLAT MOYLE VILLAGE SUBDIVISION SEE SHEET PRE-2 PRELIMINARY PLAT DATA MOYLE VILLAGE 2 BUILDING SETBACK DATA REQUESTED S E OLUTIONS NGINEERING LLP CONTACT PLANNER- DEVELOPERS OWNER OF RECORD EXHIBIT B ---PAGE BREAK--- MOYLE HEIGHTS SUBDIVISION DEVELOPMENT AGREEMENT DA-21-05 1 DEVELOPMENT AGREEMENT MOYLE HEIGHTS SUBDIVISION This Development Agreement for Moyle Heights Subdivision ("Agreement") is entered into by and between the City of Star, a municipal corporation in the State of Idaho, hereinafter referred to as "City", and West Beacon Light, LLC, an Idaho limited liability company (“Owner). WHEREAS, Owner owns approximately 26.15 acres, currently located within the City of Star, Ada County, zoned R-1 and more particularly described in Exhibit A, which is attached hereto and incorporated by reference herein (the "Property"); WHEREAS, on August 21, 2007, the Property was annexed and zoned R-1 as part of Ordinance 182, BM Star LLC property; WHEREAS, the City, pursuant to Section 67-6511A, Idaho Code, and Star City Code at Title 8, Chapter 1, has the authority to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, and for a specific purpose or use and with specific approved design and dimensional standards; WHEREAS, the City has authority to enter into development agreements to condition annexations and re-zones; WHEREAS, it is the intent and desire of the parties hereto to proceed with development of the Property in accordance with this Agreement. WHEREAS, the intent of this Agreement is to protect the rights of Owner and Developer’s use and enjoyment of the Property while at the same time mitigating any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with City Ordinances; THEREFORE, for and in consideration of the mutual covenants, duties and obligations herein set forth, the parties hereby agree as follows: Section 1. Legal Authority. This Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Star City Code, Title 8, Chapter 1. Section 2. Development/Uses/Standards. 2.1 Development Acreage and Uses Permitted. The Property is approximately 26.15 acres and is allowed to be developed as follows: • Zoning Classification: The zoning classification is R-1-DA. • The Development of the Property shall comply with all city ordinances relating to the Property except as otherwise provided herein. ---PAGE BREAK--- MOYLE HEIGHTS SUBDIVISION DEVELOPMENT AGREEMENT DA-21-05 2 2.2 Site Design. The Preliminary Plat/Concept Plan, as set forth in Exhibit B, is hereby approved. 2.3 Uses. The development is hereby approved for a maximum of 12 single-family detached residential lots and a 26’ wide private street with private gate. 2.4 Setbacks. The development shall comply with the following approved setbacks and dimensional standards: Minimum Front Yard Setback Minimum Rear Yard Setback Minimum Interior Side Setback Minimum Street Side Setback 30’ 30’ 10’ 20’ 2.5 Additional Requirements: • 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 • The private street shall be built to ACHD and Star Fire District standards. Star Fire District shall inspect and approve private street prior to signature of final plat. • 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. A copy of the plan shall be submitted to the City prior to final plat approval. 2.6 Proportionate Share Agreement for ITD Improvements. Developer has agreed to participate in the costs of construction or improvements to the portions of the State Highway System within the City of Star and/or City of Star Area of City Impact. The Developer will pay the Three Thousand Four Hundred Seventy-Four Dollars and Thirty-Six Cents ($3,474.36) traffic mitigation fee calculated by the Idaho Transportation Department as follows: the Developer will pay the City Two Hundred Eighty-Nine Dollars and Fifty-Three Cents ($289.53) per buildable lot within each phase prior to signature on the final plat for the applicable phase. The City will allocate the funds to roadway improvements in the vicinity of the project. The Developer shall pay this amount (unless otherwise revised by ITD) directly to the City of Star. The City will maintain this contribution in a specific Development Contributions account, to be distributed to ITD when requested for use with a specific Idaho Transportation Improvement Plan (ITIP) project within the City of ---PAGE BREAK--- MOYLE HEIGHTS SUBDIVISION DEVELOPMENT AGREEMENT DA-21-05 3 Star Area of City Impact or City Limits in accordance with the terms of the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star dated April 22, 2020. 2.7 Changes and Modifications. No change in the use or restrictions specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Star City Ordinances. In the event Owner changes or expands the use permitted by this Agreement or fails to comply with the restrictions without formal modification of this Agreement as allowed by the Star City Ordinances, Owner shall be in default of this Agreement. 2.8 Conditions, Bonding for Completion. All of the conditions set forth herein shall be complied with or shall be bonded for completion by before an Occupancy permit will be granted. Failure to comply with the Star City Ordinances or the terms of this Agreement shall result in a default of this Agreement by Owner. Owner may be allowed to bond for certain conditions at one hundred and fifty percent (150%) of the estimated cost of completion pursuant to Star City Ordinances. Section 3. Affidavit of Property Owner. At the City’s request, Owner shall provide an affidavit agreeing to submit the Property to this Agreement and to the provisions set forth in Idaho Code section 67-6511A and Star Zoning Ordinance and such affidavit will be incorporated herein by reference. Section 4. Default. The failure of Owner, its heirs or assigns or subsequent owners of the Property or any other person acquiring an interest in the Property, to faithfully comply with any of the terms and conditions of this Agreement shall be deemed a default herein, provided that Owner shall be given notice of any such default and a reasonable amount of time to cure any default following notice from City. In the event of an uncured default by Developer, this Agreement may be modified or terminated by the Star City Council as set forth in the Star City Ordinances. In the event this Agreement is modified as set forth in the Star City Ordinances, Owner shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Star City Ordinances, determines that this Agreement shall be terminated, the zoning of the Property or portion thereof that has not been developed in accordance with this Agreement shall revert its prior zoning designation. All uses of such property, which are not consistent with the prior zoning designation, shall cease. A waiver by the City of Star for any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Owner, by entering into this Agreement, do hereby consent to a reversion of the subject property to its prior zoning designation in the event there is a default in the terms and/or conditions of this Agreement. Section 5. Unenforceable Provisions. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to ---PAGE BREAK--- MOYLE HEIGHTS SUBDIVISION DEVELOPMENT AGREEMENT DA-21-05 4 any extent, be held invalid or unenforceable, the remainder of the instrument shall remain in full force and effect. Section 6. Assignment and Transfer. After its execution, this Agreement shall be recorded in the office of the County Recorder at the expense of Developer. Each commitment and restriction on the development subject to this Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property and shall run with the land. This Agreement shall be binding on the parties, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns: provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with such owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels of lots within the Property. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect only to such owner's lot or parcel. Section 7. General Matters. 7.1 Amendments. Any alteration or change to this Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Star City Code. 7.2 Paragraph Headings. This Agreement shall be construed according to its fair meaning and as if prepared by each of the parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Star: City of Star Attn: City Clerk P.O. Box 130 Star, ID 83669 ---PAGE BREAK--- MOYLE HEIGHTS SUBDIVISION DEVELOPMENT AGREEMENT DA-21-05 5 Owner: West Beacon Light, LLC Brad Candau, Registered Agent 349 N. Storybook Way Eagle, Idaho 83616-4892 7.5 Effective Date. This Agreement shall be effective after each of the parties hereto have executed this Agreement and it has been recorded in the real property records of the Ada County Recorder. 7.6 Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year set forth below. Dated this day 2021. Trevor A. Chadwick, Mayor ATTEST: Jacob M. Qualls, City Clerk ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT A ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 1 1 2 2 2 1 3 1 PRE-2 PRELIMINARY PLAT MOYLE HEIGHTS SUBDIVISION SEE SHEET PRE-1 PRELIMINARY PLAT DATA MOYLE HEIGHTS BUILDING SETBACK DATA 2 S E OLUTIONS NGINEERING LLP CONTACT PLANNER- DEVELOPERS OWNER OF RECORD EXHIBIT B ---PAGE BREAK--- City of Star – SH 44, Highbrook Way to Star Road June 21, 2021 Page 1 of 5 ATTACHMENT A Scope and Budget PROJECT DESCRIPTION The City of Star (Owner) desires to construct improvements to Highway 44 at the west end of town. Improvements include an additional east bound lane and sidewalk where it has yet to be constructed from Highbrook Way to Star Road, with an alternate for an additional west bound lane from the proposed Albertsons improvements at Highbrook Way to Star Road. Project funding is made available by the City through a proportionate share agreement in conjunction with the Idaho transportation Department (ITD). The City will provide information and provide reviews and comments, and coordinating throughout the project design and construction stages. ---PAGE BREAK--- City of Star – SH 44, Highbrook Way to Star Road June 21, 2021 Page 2 of 5 The following work items are not included within the Basic Scope of Work: 1) Environmental evaluation or investigation, detection, evaluation or assessment of hazardous materials 2) Right-of-Way plans, appraisals, acquisition, and easement support 3) Written NPDES Storm Water Pollution Prevention Plan (to be provided by the project contractor) 4) Construction survey staking 5) Adherence to federal aid design and procedural standards 6) Publication costs 7) Public meetings and outreach 8) Construction material testing and construction staking 9) Geotechnical Investigation and Reports 10) Utility Coordination 11) ITD application fees These items of work will either be performed by others, by the City, is not required for the project, or are considered Additional Services and can be provided on a time and materials basis. The following engineering services shall hereby be provided as part of this Agreement for Engineering Services. BASE TASKS Task 1 – Project Management a) Project management includes general project administration services, which involves contract administration and project/status reports. b) Deliverables include progress reports. c) Design Coordination Meetings • Three design coordination meetings are included to coordinate design efforts with the Owner. These meetings include a kick-off, Preliminary Design (30% Design), and 95% Design. • These meetings will serve as an opportunity to review the design, receive Owner feedback and to coordinate design efforts for the next deliverable. • Attendance at these meetings will consist of the project manager and one other engineer. • Deliverables include design meeting agenda and minutes. ---PAGE BREAK--- City of Star – SH 44, Highbrook Way to Star Road June 21, 2021 Page 3 of 5 Task 2 – Design Survey a) The Consultant will provide a topographic design survey to incorporate surface features, visible utilities, and other utilities identified by Digline. Task includes research monuments that may be disturbed within roadway and research of existing right-of-way and adjacent ownership. b) City Responsibilities • Provide known record drawings for parcels along the improvements. Task 3 – Preliminary Design (30% Design) Task includes a concept level design (30%) to show general design features of planned improvements, which illustrates horizontal layout only of the existing and proposed roadway. Improvements will include lane additions, sidewalk, curb and gutter, stormwater improvements and streetlights. a) Services and deliverables associated with task include the following: • Preliminary Opinion of Construction Cost • Roadway horizontal layout (roll plot) b) City Responsibilities • Perform internal review of Preliminary Design deliverables Task 4 – Drainage Analysis and Memo Task comprised of looking at three drainage options for the project. The options available are roadside swale, a subsurface infiltration, or a piped system to a pond location. a) Services and deliverables associated with task include the following: • Stormwater drainage analysis and memo b) City Responsibilities • Perform internal review of deliverables Task 5 – 95% Design. Task includes advancing the plans and specifications to 95% complete. Deliverable shall be in PDF or electronic format. City will be responsible for transmitting plan sets to utility companies, and local agencies. a) Services and deliverables associated with task include the following: • Title Sheet • Typical Sections (1 sheet) • Roadway Plan and Profile Sheets 1” =40’ (6 sheets) • Detail Sheets (1 sheets) • Temporary Traffic Control Plan (2 sheets) • Pavement Markings (6 sheets) • Streetlight plans (6 sheets) • Bid Documents including Special Provisions ---PAGE BREAK--- City of Star – SH 44, Highbrook Way to Star Road June 21, 2021 Page 4 of 5 b) 95% Opinion of Cost Estimate c) City Responsibilities • Transmitting plan sets to utility companies, and local agencies. • Perform internal review of deliverables Task 6 – Idaho Transportation Department (ITD) Coordination Task contains coordination with ITD and submitting the project per the ITD 2111, Right-of-Way Encroachment Application and Permit. Services and deliverables associated with task include the following: • ITD 2111 o Plans o Drainage Memo Task 7 – 100% Bid Documents The Consultant will incorporate ITD comments into the 100% Bid Documents. a) Services and deliverables associated with task include the following: • Complete Bid Package o 100% Plans o 100% Specifications o 100% Opinion of Cost Estimate o Roadway Cross Sections Task 8 – Bidding Services a) Services and deliverables associated with task include the following: • Provide bid advertisement to the Owner for advertisement of the Project • Respond to questions received during the bid phase and issuing up to two addenda • Manage the bid documents including the list of plan holders • Attend one pre-bid meeting with potential bidders • Evaluate the bids and provide a recommendation of award to the Owner b) City Responsibilities • Attend pre-bid meeting • Pay for bid advertisement costs c) Assumptions • Budgeting for bidding task includes one bid process and assumes award to one Contractor • Electronic bidding will be used via Task 9 – Construction Support a) As directed by the Owner, the Consultant will provide construction support, which may include services, such as intermittent construction observation, shop ---PAGE BREAK--- City of Star – SH 44, Highbrook Way to Star Road June 21, 2021 Page 5 of 5 drawing review, responding to questions during construction, evaluating contractor pay applications, and project closeout support. Service fees for this task will be determined later. Compensation The Consultant will be compensated on a lump sum basis for Tasks 1 through 8 and Subconsultant. Task 9 includes the design for the west bound lane alternative and includes the additional cost for survey and design. Task 9 is not included int the total lump sum fee allocation summarized in the table below. Task 10 is shown on the table as well and will determined after design is completed. Summary of Professional Service Fees Schedule The anticipated milestones for the overall project schedule are listed below. Schedule is based on one-week review periods for the City of Star. • Notice to Proceed July 8, 2021 • Surveying Complete August 4, 2021 • Preliminary Design (30%) August 25, 2021 • 95% Design Submittal September 29, 2021 • Submit ITD 2111 September 30,2021 • ITD Review October 20, 2021 • 100% Bid Documents October 27, 2021 • Project Bidding October 27, 2021 Task Description Billing Fee/Budget Task 1 Project Management LS $ 11,000 Task 2 Topographic Design Survey LS 17,000 Task 3 Preliminary Design (30% Design) LS 20,000 Task 4 Drainage Analysis LS 14,000 Task 5 95% Design LS 30,000 Task 6 ITD Coordination and Application LS 14,000 Task 7 100% Bid Documents LS 9,000 Task 8 Bidding Services LS 14,000 Task 9 West Bound Improvements Add Alternate LS 35,000 Task 10 Construction Support LS/T&M TBD Total Lump Sum (Tasks 1-8) $ 129,000 ---PAGE BREAK--- LANDYN VILLAGE SUBDIVISION – FILE # AZ-20-04/DA-21- 14/PP-20-04/PUD-20-03/PR-21-07 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, Planning Director and Zoning Administrator MEETING DATE: August 24, 2021 – PUBLIC HEARING (Originally heard March 3, 2020) FILE(S) AZ-20-04 Annexation and Zoning DA-21-14 Development Agreement PP-20-04 Preliminary Plat for Landyn Village Subdivision PUD-20-03 Planned Unit Development PR-21-07 Private Street OWNER/APPLICANT/REPRESENTATIVE Property Owner: Applicant/Representative: Linda Lubbers Steve Arnold, A Team Land Consultants 551 S. Springs Lane 1785 Whisper Cove Ave. Star, Idaho 83669 Boise, ID 83709 REQUEST Request: The Applicant is seeking approval of an Annexation and Zoning to Mixed Use (M-U- DA) with a Development Agreement, a Preliminary Plat and Planned Unit Development for a proposed mixed-use residential and commercial subdivision consisting of 53 residential lots, 10 live/work lots, a future commercial lot and 9 common lots, and a Private Street. The property is located at 551 S. Springs Lane in Star, Idaho, and consists of 10 acres with a proposed residential density of 6.2 dwelling units per acre. UPDATE This application is being tabled indefinitely in order to allow ACHD and ITD additional time to provide review comments on this application and East Star River Ranch. Once the transportation issues are resolved for this area south of West State Street and Moyle Ave, including details on the future signal light on Moyle and secondary access, the application will be placed on a future Council agenda. New public noticing will be required.