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