HomeMy WebLinkAbout011 01 84LAND USE AND DEVELOPMENT COMMISSION MINUTES
November 1, 1984
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building November 1
1984.
Present: Acting Chairman LeRoy S. Quick, Commision Members:Janet
Williams, Myrna Cain, Robert Allen, Richard Allen, Ronald
Nelson, Dee Stalder, City Attorney B. Lynn Winmill, Public
Works Director Steven Smart, Secretary Dorothy Ward. Pete
Anderson and Sue Parrish were excused.
Meeting called to order at 8:05 by Chairman Quick.
Chairman Quick asked for any additions or corrections to the minutes
of October 4, 1984, there being none, Myrna Cain made motion to
accept minutes as written. Janet Williams seconded the motion
with all commission members voting in favor.
PUBLIC HEARING ITEM:
1. Review of preliminary plat for Johannsen's Bluff Subdivision,
located north of East Chubbuck Road, immediately west of
Bunce Subdivision. Item tabled October4, 1984, to allow
Mr. Johannsen to contact those people involved in the
easement and to make a decision on the park dedication.
Tim Shurtliff Project Engineer,4943 Redfish, Chubbuck, Idaho, told
the commission the subdivision would consist of about 14 acres,
wJ_th 38 lots, that it would be a Limited Residential area (R-i).
He said Mr. Johannsen had agreed to dedicating some park land to
the city. Property is on corner of Johannsen and Leonidas, he
said Mr. Johannsen felt when the Bunce, Alder property across
the street was developed they might dedicate land to it to make
a larger park~
Mr. Shurtliff stated they had talked to the property owners 'that have
the 50 foot dedicated easement for ingress and egress and
utilities, he said they have no objection to release their
portion of easement when roads taken over by city. He also
discussed dedicted easements and prescriptive easements. He
said they would alter the prescriptive easement as the project
develops.
Attorney Winmi!l said they would still need the consent of the land
owners to be affected or a court determination as to right not
to maintain easement or confirmation of a hold harmless backed
up by Mr. Johannsen with a bond, or an opinion letter from
another attorney, that by giving people another alternative,
would be satisfactory. The city must be held harmless.
Mack Losser, 839 Park, said he owns three acres on lower part,
he said he was anxious to see the development go in; but had
some hesitancy -to agr~ to all proposals. He said Garden needs
to be developed, each spring there is such a run off problem,
that it is nearly impossible to get in and out.
Mr. Shurtliff said Mr. Johannsen would be willing to grade up
Garden, to the standards off Tree Valley Road, but would not
to the extent city would accept it, he said their development
would not worsen the conditions of Garden. He said it would be
the last road developed.
Robert Johannsen, 2722 Kristen Place, said he is a small builder with
limited capital and it is impossible to do all the road construction
at once. He said by developing in phases it guarantees his
development.
Mike Bunce said he had been using Tree Valley Road since 1970.
Attorney Winmill told him the road would still be there, that
it would be developed in phases.
Discussion followed on the road development.
Mr. Losser said he was concerned that Mr. Johannsen might not finish
the project, and the road never completed.
Discussion followed that if property owners on adjacent land develop
their property they will be required to contribute to Mr. Johann-
sen for 'their share of the road.
A discussion followed on maintaining the easement until road is put
in and accepted by the city. Bond would be used to put road in
if Mr. Johannsen should experience failure.
Janet Williams made motion to recommend tothe city council for their
approval the Robert S. Johannsen, Bluff Subdivision, preliminary
plat subject to the following;
1. Execution of agreement by all landowners depending on
Tree Valley Road easement for access to Chubbuck Road,
wherebye said landowners relinquish said easement°
2. Such conditions as may be imposed by said agreement°
Dedication to city of park land as required by Land
Development Ordinance.
Motion seconded by Ron Nelson° Roll call vote.
Williams, yes; Cain, yes; Richard Allen, yes;
Nelson, yes; Quick, yes.
Stalder, yes;
Robert Allen,yes;
Motion made to adjourn at 9:20 p.m. by Robert Allen, seconded by
Myrna Cain. Voting was unanimous.
LeRoy S. /Quick, ~ting Chairman
orothy L.~Ward, Secretary