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HomeMy WebLinkAbout010 01 87LAND USE AND DEVELOPMENT COMMISSION MINUTES October ±, 1987 ' Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building October 1,1987 Present: Chairman Pete Anderson, commission members Robert Allen, Myrna Cain, Council member Becky Hopkins, Public Works Director Steve' Smart, ATtorney Lynn Winmill, Secretary Myrna Crapo. Becky Hopkins arrived at 7:50 p.m. Meeting called to order at 7:40 pm by Chairman Anderson. GENERAL BUSINESS: t~~ The-meeting was started without ~a full quorum~present ' ** but at 7:50 a full quorum was present. ** ~ 1). THE REZONING OF THE FOLLOWING AREAS FROM R-2 (Limited Residential) to R-I' (Single Family Resideotial) at. Country Acres Subdivision and Wendell Marshall's proposed Kasiska Subdivision. Chairman Anderson asked Steve Smart to explain the differences between the R-1 and R-2 areas and answer questions from the audience. Susie Rupp, 4644 Ponderosa asked if trailor homes would be allowed in' the R-1 subdivision. Dave Landon, 525 Bonanza questioned the cities reason for wanting to change the zoning. He wondered what the city would get out of it'. Wayne Webb, 545 Bonanza wanted to know if the change would affect the tax structure. Denese Watson, 4643 Ponderosa would like to see it zoned R-1 rather then the possibilities of having duplexes built there. Bob Pickens, 4606 Teton expressed his concerns with being able to build a duplex on his property. Wendell Marshall, 360 S. ARthur, developer of the Kasiska Subdivision informed the commission that he didn't care one way or the other, but the more limitations you put. on a property the fewer developments you are going to have'. Chairman Anderson thanked everyone for attending the meeting. Chairman Anderson asked for any additions or corrections to the September 3, 1987 'minutes. There being none Myrna. Cain made motion to accept minutes as mailed. Becky Hopkins seconded the motion, with all commission members voting in favor. PUBLIC HEARING ITE~: - 1) Proposed changes in the CitY's Comprehensive' Plan to provide more definitive standards and criteria for making Land Use and Development Decisions. LAND USE AND DEVELOPMENT MEETING October 1,-1987 Page 2 Attorney Winmill explained the document and why the city was working on it. He revieWed the changes made by the city council. The only change was the addition on page 4 objective #4 relating to restrictive covenants. Chairman Anderson opened the public hearing. Attorney Winmill explained to the commission that the councils feeling was to be able to give ourselves some leeway to consider what effect our zoning decision would have upon the restrictive covenants. The citY could at least take that into account and cite that as a additional factor for either rejecting or accepting the proposed application. The decision should not be made strictly on the basis of restrictive covenants because it is a public document and not binding on the city; but it would be appropriate to consider what the understanding of the property owners were when they bought the property. Attorney Winmill discussed the differences between restrictive covenants and zoning ordinances. Attorney Winmill explained that the citY council and commission can tak. e_-into account the restrictive covenant in deciding how to zone property but they are not obligated by them. Chairman Anderson closed the public hearing, and opened it to the disCussion by the commission. Becky Hopkins informed the commission that they now can consider the restrictive covenants in their decision. Page 4 Objective #4 allows them to do it. It is just a consideration and is not binding on the city. This provision will help the commission support the people. Attorney Winmill "This section on restrictive covenants is permissive and not mandatory. It just gives.us one more thing we can look at but it doesn't mean we have to follow irestrictive covenants if we think there are over riding considerations. We don't have' any oblication to require that all restrictive covenants be looked at. If it is bought to our attention we can deal with it" Robert Allen made a motion to recommend that we adopt the noted changes in the cities comprehensive plan standards that we have set up. Myrna. Cain seconded the motion. Roll call vote: Myrna Cain, yes; Becky Hopkins,' yes; Pete Anderson, yes; Robert Allen, yes. Robert Allen made a motion to seconded. adjourn at 8:30~, Becky Hopkins P~et~ Anderson;. Chairman Myrna~ ~rapo, Secretary