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HomeMy WebLinkAbout011 03 94LAND USE AND DEVELOPMENT MEETING November 3, 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: Mary Harker, Richard Pearson, Myrna Cain, Pete Anderson; Attorney Tom Holmes, Project Engineer Gerd Dixon, Public Works Director Steve Smart and Secretary Myrna Crapo. Chairman Kent Kearns called the meeting to order at 8:05 PM. Chairman Kearns asked for approval of the minutes of the October 6 and 27, 1994 meeting. Myrna Cain moved to approved the minutes with Richard Pearson seconding. All voted in favor. Chairman Kearns asked if any of the commission members had a conflict of interest. There were none. PUBLIC HEARING: A APPLICATION BY BRIARWOOD ASSOCIATES, P.O. BOX 36, ALAMO, CA 94507 FOR A REVIEW OF A PRELIMINARY PLAT OF BRIARWOOD ESTATES, 4600 Hiline Avenue, Chubbuck. The owners have also requested that the original Briarwood Plat be vacated and this new plat be filed. The property is zoned Limited Residential (R-2). Chairman Kearns opened the public hearing: Ron Johnson, P.O. Box 36, Alamo, CA explained what they were wanting to do. 1. Amend the previous plan and enlarge the lot sizes 2. Remove the common area from back of the lots because they are having a hard time selling the lots because of it. 3. City accepting the park area in front of the development therefore removing any requirement for a home owners association. 4. The easements would be left in place. Chairman Kearns expressed the concerns of the commission regarding: 1. The placement of the utilities and being able to maintain them. 2. 10% being required for a common area in a P.U.D. Mr. Johnson explained that they would like to pay a fee in place of the park. He also told the commission that the cleaning of the sewer lines would probably be all that was needed for maintenance. There was a 20 foot easement in the back of the homes. Land Use and Development Commission Page 2 November 3, 1994 They would like to allow the owners to be able to fence in their area. This area would become part of the owners yards. The commission was concerned about the placement of trees in the easement. Mr. Johnson responded that they could put a deed restriction and not allow trees there. Mr. Johnson showed the commission photo's of a development that they had finished 10 years ago. They would like this development to look the same way in 10 years. Mr. Johnson also requested that they be allowed to move the front of the garage to within 10' of the street and continue with the curb driveway. There would be parking for four cars. Two in the garage and two on the concrete pad. Pete Anderson questioned block seven. In the original plat it was shown as a common area and in this plat it was divided into building lots. The commission expressed concern about having a place for the children to play in. Engineer Smart figured out the amount that would be needed to be in the common area which is about two acres. Mr. Johnson would be willing to use block seven as a common area for a playground. Chairman Kearns asked for testimony opposing or supporting the application. Rodney Parrish, 689 E. Chubbuck Road informed the commission that he felt the park on Hiline Road was too close to the road and could result in a law suit for the city. It makes no sense for the city to be willing to water and mow that area. Mr. Parrish was also concerned about allowing an average setback of 15' It would also be costly to maintain the utilities in the easement and Whitaker Road needs to be resurfaced. He would like to see a first class manufactured home subdivision in the area. Charlie Piquet, 765 Canal is a empioyee of the city and is concerned about the water meters in the backyards. It made it hard to read these meters with them fenced in. The new DI line should have been put in the street and the water meters in the front yard. Land Use and Development Commission Page 3 November 3, 1994 Mr. Johnson explained that the meters have a remote reading capability that would allow them to be read from the front. Mr. Piquet asked who would install the remote and Mr. Johnson stated He would assume they would. Stacey Kay, 546 Catalpa would like to have the common area removed so children could play in their backyards and not in the street. The home owners could maintain the grass there. Mr. Johnson didn't have a problem with having a park area. With them maintain it, it would make it necessary for the home owners association to be formed. The restricted area behind the home was the biggest barrier to selling the homes. The commission expressed problems: 1. with the setback requirements being an average of 15' 2. The utilities in the backyard easement. 3. The water and sewer lines location was not always accurate with the drawings of the original plat. 4. Remote water meters being needed. 5. Easements and additional cost to city to restore back to the original state if they have to do work there. Engineer Smart asked Attorney Holmes what the legal requirements would be to restore back to the original state. Attorney Holmes felt that "No Duty or Obligation to restore" needed to be written into the easement as a condition. Pete Anderson made a motion that we do not approve this preliminary plat unless it is brought in compliance with our subdivision ordinance and all the provision within the subdivision ordinance or it remain a P.U.D. Richard Pearson seconded the motion. Roll call vote: Myrna Cain, abstain, Richard Pearson, yes; Pete Anderson, yes; Kent Kearns, no; Mary Harker, no. The commission then discussed: 1. The maintenance of the common area by the association 2. The rules of the association identifying easements and restrictions in those easements. 3. Home owners association need to maintain lines through the easements. It would be too big of an expense for the city to maintain the utility easement if they are not going to have the common area behind the homes. 4. We still need 10% common area to qualify for the P.U.D. 5. Engineer Smart informed the commission that al of the Hiline Road park and Block seven would meet the common area requirements. Land Use and Development Commission Page 4 November 3, 1994 Pete Anderson moved that we recommend to the City Council to approve this plat as presented with the following conditions. 1. That it remain as a P.U.D. 2. That the 10% common area be met either by using whatever means if it means all of block seven and the common area along Hiline Road. 3. Maintenance of the utility line across individual blocks be responsibility of the home owners association. Richard Pearson seconded the motion. Chairman Kearns asked for a amendment to the motion to read minimum of 10' setback. Pete Anderson approved the amendment and Richard Pearson seconded the amendment. Roll call vote: Myrna Cain, yes; Richard Pearson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes. GENERAL BUSINESS: Approval of Finding of Fact for Colin Shuler. Approval of Finding of Fact for R. Alan and Tamara Corson Approval of Finding of Fact for Steve Campolattaro Chairman Kearns noted that a correction on Steve Campolattaro finding of fact needed to be made on item C "to put up a six foot wooden fence around the back of the area" to read on the left hand side and the back of the area. Pete Anderson moved that we approve the Finding of Fact for 1. Colin Shuler 2. Alan & Tamara Corson, and 3. Steve Campolattaro with the corrections mentioned. Mary Harker seconded with all voting in favor. Pete Anderson brought up a potential problem with the apparent vehicle salvage lot on East Chubbuck Road behind Mr. Petrol's. There are cars parked there all the time. After a discussion, P.W.D. Steve Smart told Pete he would have the City enforcement officer look into it. ~lary Harker moved to adjourn with Richard Pearson seconding. -~en~earns, Chairman Myrn~l~po, Secreta~