HomeMy WebLinkAbout004 07 94LAND USE AND DEVELOPMENT MEETING
April 7, 1994
Minutes of the regular meeting of the Land Use and Development
Commission held in the City municipal building.
Present: Chairman Kent Kearns, Commission members: T. Kent Hill,
Gale Anderson, Mary Harker, Richard Pearson; City Attorney Tom
Holmes, Project Engineer Gerd Dixon and Secretary Michelle Miller.
Chairman Kent Kearns called the meeting to order at 8:00 p.m.
Chairman Kearns asked for approval of the minutes of the March 3,
1994 meeting and the March 17, 1994 meeting. Chairman Kearns asked
that Richard Pearson be added to the list of those present March 3
as was evident by his motions. Chairman Kearns also asked that in
item number seven of the Public Hearing his vote of yes be noted
and that in item number two of the general discussion the second
and vote be added. Richard Pearson moved to accept the minutes.
and Mary Harker seconded the motion.
Chairman Kearns asked if any of the commission members had a
conflict of interest. There were none.
PUBLIC HEARING:
AN APPLICATION BY AMERICAN HERITAGE, INC. BOX 2684, POCATELLO,
ID 83206 TO VACATE LOTS 10, 11, 12 AND 13 OF HERITAGE WEST #4
SUBDIVISION, LOCATED AT THE END OF INDEPENDENCE AVENUE AND RE-
PLAT THESE LOTS.
Attorney Holmes explained that the effect of re-platting is
that lot 10 is shifting over about 15' inside the park and 20'
on the outside. It was discussed in staff meeting and was
decided that it would be more practical to accomplish what was
needed by re-platting this area.
Mary Harker asked about access to the park. Tom Holmes showed
on the plat the access through a walkway off of Independence
Ave. and that Liberty Ave. ends at the park.
Chairman Kearns opened the hearing to public comments. There
were no public comments so he closed the public comment and
opened the hearing to the commission for discussion or a
motion.
Mary Harker said that the plat still meets the commission's
needs as far as access to the park.
Richard Pearson moved that the commission grant the
application by American Heritage to vacate lots 10, 11, 12 and
13 of Heritage West #4 and the re-plat. Mary Harker seconded
the motion.
Land Use and Development Meeting
April 7, 1994
Page 2
Roll call vote: Mary Harker, yes; T. Kent Hill, yes; Gale
Anderson, yes; Richard Pearson, yes; Kent Kearns, yes.
o
A PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND SECTION 18.28.020
(D) OF THE CHUBBUCK MUNICIPAL CODE TO CHANGE THE TIME WRITTEN
TESTIMONY MUST BE FILED BEFORE THE LAND USE COMMISSION.
Chairman Kearns said that the idea behind this change is to
allow information to get to the commission in a more timely
fashion.
Attorney Holmes also mentioned that Myrna Crapo asked for this
change from 6 days to 7 days to include a weekend.
Chairman Kearns opened the hearing to public comments. There
were no public comments so Chairman Kearns closed the public
comment and opened the hearing to the commission for
discussion or a motion.
Richard Pearson moved that the commission grant the proposal
by the City of Chubbuck to amend section 18.28.020 (D) of the
Chubbuck Municipal Code to change the time written testimony
must be filed before the Land Use Commission from six days to
seven days including a weekend. Gale Anderson seconded the
motion. Roll call vote: Mary Harker, yes; T. Kent Hill, yes;
Gale Anderson, yes; Richard Pearson, yes; Kent Kearns, yes.
A PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND SECTION 16.12.020
(D) OF THE CHUBBUCK MUNICIPAL CODE TO ENLARGE THE REQUIRED
RADIUS OF THE CIRCULAR TURN AROUND IN A CUL-DE-SAC STREET TO
55 FEET.
Gerd explained that this change will make it easier to
maneuver large trucks, i.e. fire trucks, garbage trucks and
snow plows in the cul-de-sac areas.
Chairman Kearns opened the hearing to public comment.
Tim Shurtliff, 4943 Redfish, wanted to give the commission
some other alternatives to the cul-de-sac street. His two
alternatives were a hammer head and a "Y" type street saying
that these would use less asphalt. Shurtliff also mentioned
that in a cul-de-sac the sand and snow is pushed to the side
and in the middle of the cul-de-sac.
Chairman Kearns closed the public comment and opened the
hearing to the commission for discussion.
Land Use and Development Meeting
April 7, 1994
Page 3
The commission then discussed:
1. Definition of cul-de-sac is circular ending dead end
street.
2. If a "Y" or hammer head is proposed then the design and
review committee would ultimately be able to approve
those.
3. Cul-de-sac streets turn into playgrounds if they are to
big. Small children play in them and teenagers are
tempted to "spin cookies" in them. It is a safety
concern.
4. In cul-de-sac streets if cars are parked on the street
larger vehicles would not be able to get in or get out.
5. Have the City look at other "Y" and hammer head designs
for future developments.
6. The only bad thing about a "Y" and hammer head design is
that they don't provide for any snow removal. The snow
just gets pushed to the ends.
Richard Pearson moved to approve the proposal by the City of
Chubbuck to amend section 16.12.020 (D) of the Chubbuck
Municipal Code to enlarge the required radius of the circular
turn around in a cul-de-sac street to 55 feet and also bring
to the Council's attention other alternatives as the developer
may see them as to a hammer or "Y" type street system. T.
Kent Hill seconded the motion. Roll call vote: Mary Harker,
yes; T. Kent Hill, yes; Gale Anderson, yes; Richard Pearson,
yes; Kent Kearns, yes.
o
A PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND SECTION 17.16.040
OF THE CHUBBUCK MUNICIPAL CODE TO DELETE THE PROVISION FOR
INTEREST BEING CHARGED ON RESERVE STRIPS.
Gerd explained that this has been tying up development.
Reserve strips are used when a street is built along a
property line so when the adjacent property is developed the
money for half of the street and improvements made there can
be recouped by the original developer. The reserve strip is
typically 1' wide.
Chairman Kearns opened the hearing to public comments. There
were no public comments so Chairman Kearns closed the public
comment and opened the hearing to the commission for
discussion or a motion.
Richard Pearson made a motion to approve the proposal by the
City of Chubbuck to amend section 17.16.040 of the Chubbuck
Municipal Code to delete the provision for interest being
charged on reserve strips. Mary Harker seconded the motion.
Land Use and Commission Meeting
April 7, 1994
Page 4
Roll call vote: Mary Harker, yes; Kent Hill, yes; Gale
Anderson, yes; Richard Pearson, yes; Kent Kearns, yes.
GENERAL BUSINESS:
The commission discussed an application by John P.
Marshall, 480 Tewa, Pocatello, for review of a
preliminary plat of Kasiska Subdivision, west of 4400 and
4500 block of Hawthorne Road. This property is presently
zoned Limited Residential (R-2).
Gerd explained that the original plat was updated to
address the concerns of the staff and it is acceptable as
a preliminary plat. Gerd also mentioned that there are
some concerns that Allen Oliver of the canal company
expressed to the City today about the width of the
easement. They will be submitting to the City a written
document for consideration by the City Council. They
were also opposed to the location of the park. It is
right where the two canals intersect. There are
headgates at that location and they feel that it is an
"attractive nuisance" and safety concern.
The lot number has been reduced to 61 with an 80'
frontage. This will allow for larger homes with attached
garages.
Gerd also explained that one of the primary reason Mr.
Marshall needed to revise the plat he originally
submitted was because the easement along the east side of
the property was not shown. There is a 10' utility and
irrigation easement at that location. The people here
tonight are concerned about preserving their use of the
ditch that runs along this easement.
The owner of the property and water right holder is
responsible for maintaining the ditch. Fort Hall does
not enforce any rights after the water leaves the canal.
The solution would be some kind of language in the motion
to secure the use of the water for the property owners at
that location. Gerd mentioned that the easement should
take care of their concerns. However, it was determined
that the ditch did not fall in the easement.
The commission asked Mr. Marshall if he would be willing
to re-route the ditch within the easement. Mr. Marshall
stated that he would be willing to re-route it.
Land Use and Development Meeting
April 7~ 1994
Page 5
There was extensive discussion regarding the location of
the ditch and the fact that the new property owners won't
have water rights, but since the ditch is behind their
back yard and will want to use that water. This may
cause problems between neighbors.
Chairman Kearns opened this issue for public comments.
Terri Oborn, 4511 Hawthorne, would like something in
writting on the plat to show that the ditch is only to be
used by those with water rights and whether or not the
ditch is going to remain opened or piped. She stated
that the City water costs too much to use for outdoor
use, especially if the owners have large yards. She also
mentioned that the property owners tried to work this
situation out with Mr. Marshall but he was not willing
to.
Elborn Hewett, 4501 Hawthorne Road, feels that this could
be addressed as a protective covenant so it would protect
the water right. The other solution was to leave it an
open access because the meter readers still need to be
able to go through there to read meters. He also
mentioned that about 25 years ago the ditch used to run
across the front part of their property and Marshall
Brothers approached the home owners to get that moved to
the rear part of that property so they could use it.
There would be no problem with the new home owners using
it if they buy rights from Marshall's, but the current
right holders don't want to loose the use of the water.
Delbert Butler, 770 Pinewood, has concern about need for
second access. He is against having it through Chase
Park. He asks that the commission consider it connecting
to Bonanza, or at least have Mr. Marshall reserve a lot
for a stub out for future development.
John Marshall, 480 Tewa, Pocatello, will be contacting
canal company after the preliminary plat is approved. He
is not concerned about second access since City has
allowed single access into subdivisions before. He
explained that the reason for the location of the park
was so it was placed back to back with Chase Park
creating one large park. Marshall is looking at covering
the canal area near the park and will get with the canal
company regarding this. Marshall also addressed the
second access issue. He reported that the School
District can not sell property to a private individual,
but could with the City.
Land Use and Development Meeting
April 7, 1994
Page 6
This creates a problem because the School District owns
the property that the second access would need to be
located, but he agreed to reserve a lot for a future
road as requested by the commission. John also agreed to
put some language on the plat or in the restrictive
covenants to provide that the water right owners and home
owners will not loose their use of the water from the
ditch. He also agreed to have it ready by time this plat
is reviewed by the City Council.
Roy Rhodes, 4431 Hawthorne Road, asked Mr. Marshall for
a firm commitment to guarantee the water right Owners the
use of their ditch.
Chairman Kearns closed this issue to public comment and
opened it for the commission to discuss.
The commission discussed:
1. Second access requirements and enforcement.
2. Having the location of a second access in such a
place that it doesn't create a bigger traffic
problem for the new subdivision.
3. Having the City and School District work together
to obtain land for the second access.
4. Having Mr. Marshall put wording or language on the
plat to guarantee water use to the current water
right holders.
Richard Pearson made a motion to recommend to the City
Council that they accept the preliminary plat with:
1. language on the plat to guarantee the water right
holders use of the water through the ditch and that
the ditch be relocated into the easement,
2. that if the new land owners want to landscape the
area near the ditch that they pipe the ditch at
their own expense and in such a way that the water
flow will not be restricted,
3. That a second access is considered through Block 1
Lot 1, 2, 8 or 9.
Gale Anderson seconded the motion. Roll call vote: Mary
Harker, yes; Kent Hill, yes; Gale Anderson, yes; Richard
Pearson, yes; Kent Kearns, yes.
Discussion on propose ordinance to change the personnel
on the design review committee. After discussion T. Kent
Hill made a motion that the ordinance be changed to add
the chairman of the Land Use and Development Commission
or another designated commission member to serve on the
design review committee. Gale Anderson seconded with all
voting in favor.
Land Use and Development Meeting
April 7, 1994
Page 7
Meeting adjourned at 10:00 p.m.
Mi~helle Miller, ~ec~etary
~ent~earns, Chairman