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HomeMy WebLinkAbout008 12 86 Special MeetingLAND USE AND DEVELOPMENT COMMISSION MINUTES August 12, 1986 Minutes of a special meeting of the Land Use and Development Commission, a public hearing tabled on August 7, 1986, held in the city municipal building, August 12, 1986. Present: Chairman Pete Anderson, Commission members Bob Allen, Ted Corrington, Sue Parrish, Myrna Cain, Bob Anderson, Mayor Cotant, City Attorney Lynn Winmill, Public Works Director Steven Smart and Dorothy Ward, Secretary. Meeting called to order at 6:30 p.m. by Chairman Anderson. PUBLIC HEARING ITEM: 1. REVIEW OF PRELIMINARY PLAT OF THE "K" SUBDIVISION. testimony was taken at the August 7, 1986 meeting. Public Chairman Anderson asked Attorney Winmill to clarify the correspondence between Mr. Robinson, Attorney for Kent Kunz and Attorny Winmill. He said they had discussed the street width easement on East Chubbuck Road. Attorney Winmill said the Distrit Court had determined the City Could not require dedication of land to the city, it constituted taking of the land by the city.~ Philosophy and rationale of courts decision would probably be applicable to off site improvements in residential subdivisions as well. Attnorney Winmill said this being a small subdivision, with only four lots, city would not be able ~ show impact on the city streets to justify dedicating land to the city. He said his recommendation would n~ require dedicaton of land for street; but would not recommend the waiver of curb, gutter and sidewalk. He said curb, gutter and sidewalk should be plac~ so at a later time they would be properly placed. Steve Smart said the proposed subdivision was,at one time, a single lot, one additional lot had been sold off from it and now they were platting the land to comply with city ordinances. He said he had been a proponent of no curb and gutter in this area of city because of the percolation problem. He said if side ditches are used they have to look good and must be main- tained to take care fo the drainage water. Commission members discussed the width of East Chubbuck Road and requiring businesses to put in curb, gutter and sidewalk. Chairman Anderson said the cash in lieu of park land had not been addressed. Mrs. Kunz said they were aware of this requirement. Bob Allen made motion ~ recommend to the city council for there approval the preliminary plat of the "K" Subdivision with the following conditions: "K" Subdivision - Preliminary Plat 1. Curb, gutter and sidewalk on East Chubbuck be deferred until such time City requires, in same manner the city requiring at that time. 2. Curb, gutter and sidewalk not be required Raod. on Whitaker 3. East Chubbuck Road not changed from present width. Myrna Cain seconded the motion. Roll call vote: Cotant, no; Allen, yes; Cain, yes; Corrington, yes; Parrish,no; Bob Anderson, no; Chairman Anderson, no. Motion failed. Mayor Cotant made motion to recommend to the city council for their approval the preliminary plat of the "K" Subdivision with the following conditions: 1. Curb, gutter and sidewalk on East Chubbuck be deferred until such time City requires, in same manner the city rqquiring at that time. 2. The City waive the requirement for curb and gutter on Whitaker Road. 3. East Chubbuck Raod not changed from present width. Bob Allen seconded the motion. Roll call vote: Cotant, yes; Allen, yes; Cain, yes; Corrington, yes; Parrish, no; Bob Anderson, no; Chairman Anderson, no. Meeting adjourned at 7:30 p.m. DOrothy L.JWard, ~ecretary Pe~ ~nders