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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