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HomeMy WebLinkAbout02 25 1992 CMCOUNCIL MEETING MINUTES February 25,1992 47 Minutes of regular meeting held in the city municipal building, February 25, 1992. Present: Mayor John O. Ootant, Council Members Leroy S. Quick, Stayer M. England, David A. Landor, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Stayer M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:37 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotan~ asked for corrections or additions to the Special Meeting Minutes of February 11, 1992, Regular Meeting Minutes cf February 11, 1992 and Special Meeting Minutes of February 1S, 1992. Councilman Quick moved to approve Special Meeting Minutes of February 11, 1992 as read. Councilman Landor seconded. All council members voted in favor of motion. Councilman Wood moved to approve Regular Meeting Minutes of February 11, 1992 as read. Councilman Quick seconded. All council members voted in favor of motion. Councilman Landor moved to approve Special Meeting Minutes of February !8, 1992 as read. Councilman England seconded. All council members voted in favor of motion. FINAL PLAT - Roy J. Lacey, final plat approval for Espie Subdivision, a subdivision located on a tract of land on the west side of Hawthorne Road. (5500 block) Mayor Cotant read the requirements put on approval of tine Final Plat: !) Eliminate a pedestrian walkway to the park. 2) The street be stubbed out through Lot 9, instead of Lot S. 3) Council was to review traffic and water line concerns on Hawthorne Road. PWD Smart reported he had Project Engineer Gerd Dixon do an analysis of the water line including summer time flow and fire line flow. In order to supply the entire subdivision as well as have a good fire flow, a looped water line is required. (two accesses from the Hawthorne water line). Don Galligen, Planning Director of Bannock Planning was asked to analysis the peak traffic created by the proposed subdivision. PWD Smart stated the traffic created by this subdivision will have very little impact on Hawthorne Road. 49 FINAL PLAT - ESPIE SUBDIVISION - (cont.) Mayor Cotant said after the February 11, 1992 Council Meeting, the size of the house was changed to 1100 square feet minimum on one floor, 900' on the ground floor of a two story house, with a minimum of 1,500' square feet total for two stories, also all residents must have an attached double car garage. Mr. Lacey presented the Restrictive Covenants for Espie Subdivision. Discussion about 25' sewer easement in the Espie Subdivision. PWD Smart stated the developed Park Dedication Fee is $182.00 per lot, Attorney Randy K11ne representing several people in the impact area. Hr. Kline stated, reviewing the City of Chubbuck's Comprehensive Plan, there are some very distinctive problems with the Final Plat. Hr. Kline expressed concern a due process violation in the matter, stating the individuals within the 300' area were not mailed notice of the hearing 10 days prior to the hearing, Hr. Kline stated several cases deal with the adjacent property owners fundamental right to adequate notice to be able to participate in the planning process. Attorney Holmes stated the notice was published in the paper December 26, 1992 which is 15 days prior to the Land Use & Development Commission Meeting, it is a combined notice procedure, it gave notice the matter would come before the Council in the !4th. of January, 1992. Attorney Holmes stated State Code does not specifically say the proper%y owners within 300' are to be notified by letter 15 days prior to the hearing, stating the City notified property owners within 300', in the correct amount of time. Attorney Holmes stated he will look at cases cited, then advise the City Council, if he thinks there might be a problem. Attorney Kline expressed concern of minimum lot sizes, the final plat proposes, in an R-1 zone. Mr. Kline said, adding the two car garage, there will not be much room for a house. Mr. Kline expressed concern the Restrictive Covenants were not reviewed by residents within the 300' area, prier to tonights meeting. FINAL 51 PLAT ESPIE SUBDIVISIONS (cont.) Mr. Kline stated the following concerns: 1. Sewer Line and location of street. 2. Buffer zone between high density and Iow density homes. 3, Lots within the City still vacant, why are we allowing high density subdivisions out of the city to add to the problem. 4. Requirement need to establish off street parking in residential areas. Two car garages will help this problem. 5. Devaluation of current property owners homes. 6. Reference of Restrictive Covenants on the Final Plat. 7. Fence requirement, there was no mention of type of fence. Residents would like a 6' solid fence. 8. Minimum dimensions of lots. 9. One access into the subdivision. 10. Requires builder to install sidewalks. Should be installed a certain number of days after the home is built. II, Water line capacity. 12. Sewer stub in let 9. 13. Not enough time for property owners within the 300' requirement to prepare objections. Mr. Kline suggested the Final Plat not be approved until the City can review the above concerns. The builder of the home installs the sidewalk. Mayor Cotant stated there are several properties in the City that should develop, but at $30,000.00 an acre, who can build houses on the lots. We cannot force the owners to develop the vacant properties. Dan Wagner, 5359 Hawthorne Ave. said the homes being built in the City now, are comparable, or better to the ones in their area, Maggie England, 11953 N. Hawthorne Ave. stated all the homes should have basements. Attorney Holmes stated, requiring a developer to install basements is beyond the responsibility of the City. Attorney Holmes suggested the Council discuss and review the Espie Subdivision Final Plat, then make a decision. Attorney Holmes said if he feels there is a problem after his reviewing the cases Attorney Kiine made reference to, he will advise all concerned. 53 FINAL PLAT - ESPIE SUBDIVISION - (cont.) - Councilman Quick expressed his main concern is one access into the subdivision. The 22 homes are not a problem, but, as long as Mr. Lacey knows when additional development is requested, he may be required to have two accesses to the subdivision. Attorney Kline requested the Restrictive Covenants be included on the Final Plat. Discussion about sewer line easement. Larry Herrud, 5612 Hawthorne a realtor felt the homes, Mr. Lacey is planning on building, will not devalue the surrounding hemes. Gay Yearsly, 568 Dell Rd. asked if current property owners will be required to get rid of their animals. Mayor Cotant said the current property owners will not be required to get rid of their animals, Lo Ree Nobles, 13243 W. Siphon stated she is against the proposed Espie Subdivision Final Plat. Mr. Hill stated, Mr. Lacey has compromised just fine on the house size and garage, the other area that needs to be compromised is the size of the lots. Nancy Hill, 551 Dell Road expressed concern about the canal bridge at Hawthorne Rd. and James St. Mayor Cotant said in the future, the bridge will be replaced with a concrete walkway bridge. Discussion about 'water line through the Espie Subdivision, along with future development. Mr. Orten expressed concern about the traffic impact on Hawthorne Rd. PWD Smart said Siphon and Hawthorne Rd. are designated arterial roads in the future. Mayor Cotant stated, if there has been some sort of error with the City not providing the necessary notice, we will have to start over, most likely nothing will change, but we will have to start at square one. Maggie England suggested the city notify Kent Hill if %here is a problem. Councilman England stated he thought we made some compromise between the residents concerns and Mr. Lacey's concerns in the last meeting. Councilman England said the city is limited to what we can legally deny Mr. Lacey. 55 FINAL PLAT -ESPIE SUBDIVISION - (cont.) Eugene Pickers, 5333 Hawthorne Rd. said supposed to be installed on Hawthorne Ave. the city will review the request. a fire hydrant was Mayor Cotant said Mr. Lacey was reminded City Ordinance requires cluster mailboxes in new subdivisions. Councilman England moved to approve the First Phase of Espie Subdivision Final Plat subject to 1) The Restrictive Covenants be noted on the Final Plat. 2) Cash in lieu of Park Dedication Fee of $181.~6 per lot be paid by Roy J. Lacey. Councilman Wood seconded. All council members voted in favor of motion. FINAL PLAT APPROVAL HERITAGE WEST subdivision located on a tract of Freedom and Independence Streets. NO. 3 SUBDIVISION A land at the north end of Discussion about requirement of cluster mailboxes. Councilman Landon moved to approve the Final Plat of Heritage West No. 3 Subdivision as presented subject to, a cash in lieu of park dedication fee of $181.~6 per lot. Councilman Wood seconded. All councii members voted ~n favor of motion. APPOINTMENT OF LAND USE AND DEVELOPMENT COMMISSION MEMBER - Mayor Cotant recommended approval of appointment of Mary Harker, 783 Boyd to the Land Use and Development Commission, term to expire, June 1, 1994. Councilman Wood moved to approve the appointment of Mary Harker, 783 Boyd a member of the Land Use & Development Commission, with term to expire June 1, 1994. Councilman Landon seconded. All council members voted in favor of motion. APPOINTMENT OF CABLE COMMISSION MEMBERS - Mayor Cotant recommended the approval of appointment of Irene Schlader, 4926 Easy and Ray Tolman, 5040 Dorian to the Pocatello/Chubbuck Cable Commission. Councilman England moved to appoint Irene Schlader, 4926 Easy and Ray Tolman, 5040 Dorian to the Pocatello/Chubbuck Cable Commission. Councilman Wood seconded. All council members voted in favor of motion. AGREEMENT - TREE VALLEY ROAD - A request from Mac Losser to build a house on a piece of property he owns on Tree Valley Road. PWD Smart stated the City is not in any development business and that we encourage the orderly development with all property and land within the City, but, Tree Valley Road is a unique situation and warrants AGREEMENT - TREE VALLEY ROAD - (cont.) little different 57 consideration. Attorney Holmes had presented an agreement in lg89 for a potential development, Mayor Cotant and Council reviewed a drawing of the proposal, After discussion, it was decided Attorney Holmes and Council will review the agreement, Council will discuss at the March 10th., 1992 Council Meeting. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print-out claims as read. Councilman Landor seconded. All council members voted in favor of motion. At 10:32 p.m., Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk ~ohn O. Cotant, Mayor