From the Office of Deputy Chief Victor Islas

Middleton Rural Fire District Star Fire Protection District 302 E. Main Street 11665 State Street, Suite B Middleton, Idaho 83644 Star, Idaho 83669

August 31, 2020

City of Star City Planner/Zoning Administrator P.O. Box 130 Star, Idaho 83669 RE: Craftsman Estates North Subdivision File # RZ-20-07 Rezone File # PP-20-10 Preliminary Plat To Whom It May Concern: The Star Fire Protection District has reviewed submitted plans for the Craftsman Estates North Subdivision located in Star, Idaho. Our Comments are as follows: This project shall comply with the 2015 International Fire Code (IFC) and any codes set forth by the City of Star Idaho. This project can be serviced by the Star Fire Protection District. The response station to this development will be Fire Station 51 located at 11665 W. State Street, Suite B, Star, Idaho 83669. The response time under normal driving conditions will be 7 minutes utilizing google maps. Access roads shall be provided and maintained following Appendix D and Section 503 of the 2015 IFC. Access shall include adequate roadway widths, signage, turnarounds, and turning radius for fire apparatus. Access road design shall be designed and constructed to allow for evacuation simultaneously with emergency response operations. All fire department access roads in the development shall remain clear and unobstructed during construction of the development. Additional parking restrictions may be required as to maintain access for emergency vehicles at all times. Hydrants shall remain unobstructed during construction as per City code.

M A R K D. P E R I S O N, P.A. ATTORNEY AT LAW

P.O. Box 6575 • Boise ID 83707 • 314 S. 9th Street, Ste. 300 • Boise ID 83702 office 208.331.1200 fax 208.343.5838 website www.markperison.com

TRICIA K. SOPER tricia@markperison.com

August 24, 2020 Star City Council 10769 W. State St. Star, ID 83669

Re: Public Hearing on September 1, 2020 Opposition to Rezone Application RZ-20-07

Dear Honorable Council Members: I represent four (4) sets of homeowners: Craig and Connie Johnson, Bob and Shawn Heim, Mike and Laura Scott, and Garland and Gloria Reich. Each of my clients, along with many others they have spoken with, oppose the requested rezoning of the southeast corner of Can-Ada Road and New Hope Road, as proposed by Pristine Development, LLC, in Rezone Application number RZ-20-07. My clients all live on Camadrie Lane, which sits on a rise just to the northwest of, and overlooking, the proposed area for rezone. As you know, the property located at this location is currently zoned R-3. The Applicant is requesting a rezone to C-1. Pursuant to the Land Use Map for the City of Star, this area is proposed as “Neighborhood Centers Commercial,” which is also described as “Neighborhood Commercial Center,” in the Comprehensive Plan. A C-1 “Neighborhood Business District” is then listed as a potentially compatible zoning district. Comprehensive Plan, p. 58 (Zoning Compatibility Matrix). While it is true that a C-1 zone is contemplated as a potentially compatible zoning district for this area on the Land Use Map, my clients believe the Application should be denied, as commercial uses are simply not compatible with this area. As acknowledged in the Comprehensive Plan,

It has long been held in Idaho that a Comprehensive Plan is a “guide.” It has also been litigated in Idaho that the Land Use Map is only one component to be considered and that the “ENTIRE” plan is to be considered when rendering

From the Office of Deputy Chief Victor Islas

Middleton Rural Fire District Star Fire Protection District 302 E. Main Street 11665 State Street, Suite B Middleton, Idaho 83644 Star, Idaho 83669

Continued Comments for: File # RZ-20-07 Rezone & File # PP-20-10 Preliminary Plat The Fire hydrant spacing shall be no more than 400’ apart and will be equipped with Storz LDH connection in place of the 4 182” outlet. Hydrants shall be approved and witnessed by the Fire Code Official. Final inspection by Fire District of above list including hydrant flow must be verified before building permits are issued. If you have questions or would like to discuss this letter in detail, please feel free to contact my office at (208) 585-6650. Sincerely, Victor E. Islas Deputy Chief

City Council August 24, 2020 Page 2

a decision, not just the Land Use Map. The Land Use Map is not required to “mirror” zoning designations. A Zoning Compatibility Matrix is therefore incorporated into the plan to help elected officials determine the best zoning for a particular piece of property as it relates to the overall plan. It is the sole discretion of the City Council to determine the best zoning using the Comprehensive Plan as a guide.

Comprehensive Plan, p. 42, § 8.2 (emphasis in original). In other words, just because the Comprehensive Map has contemplated a Neighborhood Business District in this area does not mean that the Council is forced to approve such a request. Indeed, the Council is charged instead with using the Comprehensive Plan as a guide, but making the determination regarding the best use for this parcel of property, by keeping in mind the rights of neighboring residential owners. If it doesn’t make sense to locate a commercial area at the corner of Can-Ada and New Hope Roads, and if it would adversely impact the neighboring communities, then this Council is actually charged with making the hard decision, utilizing its discretion, to deny the rezone application despite the designation made on the Land Use Map. Indeed:

It is important to remember that the Comprehensive Plan is just that, a plan. Unlike ordinances, which it is subservient to, it is intended to be flexible and responsive to the communities [sic] changing conditions.

Comprehensive Plan, p. 5. With the purposes of the Comprehensive Plan in mind, we are asking that the Council deny the requested rezone, for the reasons set forth below.

I. A COMMERICAL DEVELOPMENT IS INCOMPATIBLE WITH THE

SURROUNDING AREA, AND WOULD BE MATERIALLY DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE.

In order to approve a request for a rezone, the Council must make the following findings:

1. The map amendment complies with the applicable provisions of the comprehensive plan;

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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.

Star City Code § 8-1B-1(C). A Neighborhood Commercial Center is described in the Comprehensive Plan as follows:

Locations which may be suitable for the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while including development standards that prevent adverse effects on existing or planned adjoining residential uses. Such centers are typically appropriate for small shopping clusters located within residential neighborhoods.

Comprehensive Plan, p. 50, § 8.2.3 (emphasis added). The purpose of the C-1 district, as defined in the City Code, is as follows:

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.

Star City Code § 8-3A-1 (emphasis added). The intersection of Can-Ada and New Hope Roads is not compatible with commercial development of any kind. The intersection is not aligned properly – Can-

City Council August 24, 2020 Page 4 Ada is offset from New Hope so that these roads do not cross at ninety-degree angles. The roads in this area are also quite narrow, without curbs or sidewalks, with narrow bridges and bounded by ditches. Many bike riders frequent the area, and there are bus stops along Can-Ada road. Driving along Can-Ada and New Hope Roads already requires sharing the road with bikers and buses. If traffic is increased due to new commercial uses, not only are fellow drivers impacted, but the area will become much more dangerous for recreational users and school children. I have attached four photos which show the misalignment of the intersection and narrowness of the roads—one from each direction at the intersection. Due to the steep slope of Can-Ada as it proceeds north from New Hope, my clients inform me that in the winter, cars sometimes slide backwards and cannot make it up the slope. Conversely, cars driving southbound on Can-Ada have failed to stop at the intersection. Even in dry conditions, the intersection creates problems. You can see skid marks in the photos from “panic stops,” especially southbound on Can-Ada due to traffic that was unprepared to stop. There will already be increased traffic due to the substantial amount of residential development that is occurring in this area. Adding commercial uses that further increase the number of cars traveling through this intersection would materially, and adversely affect the public health, safety and welfare of anyone traveling through this intersection. Encouraging more traffic at this intersection would be dangerous, and would require major changes to the intersection itself. Some sort of traffic device would be required, or the road would perhaps need to be widened to include a turn lane, and either of these options would permanently change the character of the area. There are currently no other “Neighborhood Commercial” areas in Star that have been developed, and it seems as though this designation for Can-Ada/New Hope is a bit random, and also a bit of an experiment. It is unclear why the City would want to siphon commercial traffic from the business zone downtown, particularly when this intersection is only about a mile and a half from the future business district. Commercial services are simply not necessary here, certainly not wanted by the surrounding communities, and the neighbors do not want to be the subject of the City’s experiment. Regardless of the nature of the commercial use, the traffic will undoubtedly increase, to the detriment of the surrounding communities. And while the Applicant has not stated definitively what type of commercial uses it will pursue, the Applicant has actually floated a fuel service station as being appropriate for this area. While a fuel service station would be a conditional use for the C-1 zone and require Council

City Council August 24, 2020 Page 5 approval for a conditional use permit, the very idea that a fuel service station could possibly be allowed in a neighborhood simply exemplifies why the C-1 commercial zone would be entirely inappropriate for this area. Fuel stations these days allow 24-hour access to their fuel pumps. While this might be a great convenience in a proper location, it would, by its nature, be accompanied by bright lights 24-hours per day, which could be seen for miles. This would destroy the dark skies that the City of Star tries so vigorously to protect. And even with the best of intentions, fuel does escape, either in liquid form or fumes, which necessarily creates a foul odor to the neighboring homes. Chemical contamination of the land is a real possibility, and the noise that would accompany such a business, 24 hours per day, is incompatible with the surrounding areas. Additionally, an auto repair or RV dump or storage facility could also be allowed as a conditional use in the C-1 zone. Other uses potentially allowed in C-1 include a bar, a fast-food restaurant, a pawnshop, or a storage facility, none of which would be compatible with the surrounding neighborhoods or roadways, all of which would dramatically increase the noise, light, and traffic load in the area. The C-1 zone simply encompasses too many possible uses that would be detrimental to this area. This area is beautiful, surrounded by residential areas. New Hope Road is a quiet, narrow, tree-lined country road. Burdening this area with increased traffic, would adversely and materially affect the public health, safety, and welfare, and is not in the best interest of the neighboring properties or the City in general. The Application for rezone should be denied. II. MITIGATING ADVERSE IMPACTS TO THE SURROUNDING AREAS. While my clients vigorously oppose the development of this area into a commercial development of any kind, if the Council is inclined to approve the Application, then it is incumbent upon the Council to require a development agreement with significant conditions placed upon the development of this parcel. Idaho Code § 67-6511A and Star City Code § 8-1B-1(B)(2) allow the City Council to require a development agreement as a condition of approval of a rezone. The Applicant here has offered to enter such an agreement. City Code provides as follows:

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The Council may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties.

Star City Code § 8-1A-6(F)(4). Both the Comprehensive Plan and City Code indicate that preventing adverse impacts upon the surrounding residential areas should be the goal of the neighborhood commercial areas. Keep in mind the fact that the “neighborhood commercial” zone is not just any ordinary commercial zone, and is without precedent in Star. It is surrounded by residential areas, and any allowed commercial uses must be found to enhance rather than diminish these areas. If this parcel is allowed to be developed into a commercial use, serious consideration must be given to the increased traffic that it will cause and whether the intersection can handle such traffic. Further, if this rezone is allowed, only commercial activities which have a light impact on the surrounding areas should be allowed. By “light impact,” we mean activities that would encourage walking, not driving, will not significantly increase traffic, and which will not pollute the neighboring communities with increased noise, light, or fumes. Perhaps a neighborhood coffee shop, deli, or nursery could be incorporated into the surrounding area and encourage foot traffic rather than vehicle traffic. However, prior to making any decision, the Council should require the Applicant to commission a new traffic study that would take into account any increase in traffic generated from new commercial uses, especially in light of the general residential growth in this area already. Certainly a fuel station would increase vehicle traffic, as would an auto repair shop, RV dump station, storage facility, fast-food restaurant, or pawn shop, and these types of uses would all be wholly inappropriate for this location. The Council must not forget that this would be no ordinary commercial district–it would be placed right in the middle of exclusively residential and agricultural areas. In addition to the increase in traffic and impact on the intersection, has the Council considered whether crime will be increased in this area due to commercial activities? Has the Council considered the impact on neighboring property values? Has the Council considered the impact on school children walking to bus stops? Without a specific proposal by the Applicant as to what commercial uses are intended, the Council simply does not have enough information to determine the compatibility with the surrounding neighborhoods.

City Council August 24, 2020 Page 7 Given that the Applicant has not yet determined what commercial uses it intends to place on this parcel, it would be appropriate to require in a development agreement that the Applicant come before the Council again after that determination has been made. Offering carte blanche approval at this time to pursue even permitted uses, when the Applicant has not put forward a specific proposal, is premature. It is incumbent upon the Applicant to be transparent about what development it wishes to move forward with. At this point in time, there is simply not enough information to make a reasoned, non-arbitrary decision about potential commercial uses. Because this would be the first neighborhood commercial district in Star, the Council must be quite cautious and retain as much control over this development as possible. And in light of the direct impact on surrounding properties, these neighbors deserve a second opportunity to voice their opinions once the Applicant has determined what commercial uses it intends to pursue, regardless of whether the proposed use is a permitted or conditional use in the C-1 district. The City should require a specific proposal by Applicant prior to giving the green light to any commercial use. III. CONCLUSION. For all of the reasons stated above, my clients oppose the Rezone Application, requesting a rezone from an R-3 to C-1 zone. We ask that the Council vote to deny the Application as incompatible for the area. In the event that the Council determines that the rezone is appropriate, my clients request that a development agreement be required of the Applicant, with uses such as a fuel service station, auto repair facility, RV dump, fast-food restaurant, storage facility, and pawn shop prohibited outright. Given that this will be the first Neighborhood Centers Commercial district in Star, and the Applicant has not yet informed the Council nor the neighboring communities what commercial uses will be proposed, the Applicant should be required to come back before the Council at a public hearing to determine if such proposed uses are appropriate, regardless of whether the proposed use is a permitted use in the C-1 zone. Notice should be provided to all citizens who have participated here, in writing or in person. At this second hearing, the Council should require a new traffic study with regard to the specific proposed uses, and determine whether improvement of the intersection is necessary, in order to fulfill its charge to avoid adverse effects on surrounding communities.

City Council August 24, 2020 Page 8 Thank you for your time and attention to this important issue and I look forward to speaking with you at the public hearing on September 1st. Sincerely,

Tricia K. Soper TKS/ Attachments cc: Clients (via email)

Photo looking east on New Hope Road.

Photo looking west on New Hope Road.

Photo looking north on Can-Ada Road.

Photo looking south on Can-Ada Road.

John and Ruby Green 6810 Foothill Rd

Star, ID 83669

To: Star City Council

Date: August 23, 2020

Subject: Application for rezoning at the intersection of New Hope Rd and Can-Ada Rd

Our understanding is that there will be a city council meeting on September 1 to discuss

rezoning 5 acres at the southeast corner of New Hope Rd and Can-Ada Rd for commercial use.

While I am generally apposed to restricting how a land owner chooses to use their property, I

do have two concerns about this proposal that I’d like to raise.

1) Infrastructure – The intersection of New Hope Rd and Can-Ada Rd is a four way stop, fed

in all directions by narrow 2 lane roads. In addition, current traffic levels on Can-Ada

already make it troublesome to get onto State St at certain times of the day. Depending

on the ultimate commercial use for the 5 acres being discussed, a significant increase in

traffic may result. If the council chooses to approve this zoning change, it should come

with a commitment for significant investment in infrastructure. Improvements would

likely include such things as widening the roads, installation of street lights,

implementation of a round-about at the intersection and installing a traffic light at Can-

Ada and State.

2) Property values – Numerous high-value homes have been built in the immediate

vicinity. Part of their value is derived from their relative distance away from busy streets

and commercial businesses. Our homes were purchased knowing that this property is

zoned as residential. Some commercial businesses are great neighbors, but not all are. If

the property is ultimately used for some purpose that drives our home values down

(e.g. bar, auto shop, strip club, pawn shop, etc.) we should see an equivalent reduction

in our property taxes.

Thank you.

Sincerely,

John and Ruby Green

August 26, 2020 Mayor: Trevor Chadwick Star City Council: Kevin Nielsen Jennifer Salmonsen Michael Keyes David Hershey Subject: Opposition Comments for Council Meeting September 1, 2020 I’m writing this letter to voice our opposition to the request by Pristine Development LLC of a Rezone (to Commercial C-1), the property located at the southeast corner of New Hope Road and N. Can-Ada Road, Star. We purchased our home in the Estates at Pristine Springs, 12583 W. Lacerta Ct, Star a few short months ago. At that time we met Thayne Barrie of Caldwell Banker, during an open house. Mr. Barrie is the main Realtor for homes in the development. We specifically asked Mr. Barrie if there were any plans for development of the property at that location. He assured us there was not. If we had any idea that there could potentially be a commercial business at that location we would not have purchased our home. This location is behind the homes that are located directly across the street from our home. We understand the Rezone is to facilitate a gas station at that location. A commercial business at that location will lead to increased traffic on a two lane rural road not equipped for this type of traffic. A 24 hour business such as a gas station will bring added issues of noise, lighting, fumes, etc to what is now a quiet residential neighborhood. We respectfully request that the City Council deny this request for Rezone to Commercial. Sincerely,

Lisbeth & Mark Whitehouse 12583 W. Lacerta Ct Star, ID 83669