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HomeMy WebLinkAboutMinutesf�` rn W CW � W Q WW u C� 0 T u r Mary commented that she liked Rick's ideas but felt Mr. Alfaro should be given an opportunity to come up with some answers. Dorothy felt there should be another point of access to the property. After obtaining some procedural information from Dennis, Madeline offered a Motion to continue the public hearing to September 15 and asked Staff and owners to bring back more information dealing with concerns expressed. Mary Higdem seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Wells, Davidson, McConnell, Higdem. Abstain: Pilote. Those voting no: None. Absent and not voting: None. MOTION CARRIED The next item for review was a modified phasing request for Owyhee Ridge Subdivision. Dennis gave a brief overview of the case stating that the item had been sent back to the Planning and Zoning Commission since the final plat presented to City Council was substantially different from the Preliminary Plat approved a year earlier. Dennis explained that the main item of concern was that the change in phasing left no incentive for improvements to Ustick Road. Mazy commented that the original review reflected one point of access on Ustick Road. The new proposal on the table shows two points of access. Dennis responded that the original review was concerned about safety but on making a site visit to the project, sight distance and vision did not appear to be a problem for the second access. In addition, two points of access should improve the traffic circulation within the subdivision. Concerning the deletion of the pathway to the common area, Dennis said that this is primarily a storm water detention area, not a recreational play area, and that the pathway was included originally because there was no second point of access. He felt the original objective had changed with the new access road Mary asserted that Phase 3 is very critical since this addresses road improvements and there have to be improvements on Ustick Road Don Watts, engineer for the project, explained that when this was first designed, then City Engineer, Wally Cory, wanted one point of access, but Gordon Law, current City Engineer, felt two points of access was a more desirable concept. However, to improve Ustick Road during the first two phases is not economically a sound idea, and that requiring it in the first phase would doom the project. Mr. Watts cited court cases concerning dedication of right-of-way not of specific benefit to the developer and that this could be viewed as an unlawful taking. In response to a question from Mary, Mr. Watts said that in the original review, the developer had agreed to give the required right -of --way to the City. He added that the ownership is now a corporation and the corporation would have to agree to the dedication. Dennis stated that Ustick Road will be dedicated under a separate instrument. The expectation in approving the preliminary plat was that Ustick Road is most m need of critical improvement and was depicted as being part of the initial phase. If the phasing begins more internally we would at MIIgms P&Z 9-1-" Page 5 Least like to have the dedication of the right-of-way as a means to protect the interests of the ght Y City. Bettie Pilote asked if the developer was required to provide bonding for improvements. Dennis responded that bonding is required for each phase as it is recorded Mr. Watts had no problem with proposed terms and conditions. Marshall Hickman, Vice President of H3 Inc., said that the reason for the revised phasing is simply economics. A second concern is the uncertainty of Ustick Road, which is currently substandard. However, dedication of the requested right-of-way is not a problem. Ustick Road east of Lot 6, Block 2, will be improved during Phase 2. In response to a question raised about the suggested Ustick Road right-of-way dedication, Dennis explained that the Commission could modify one of the conditions to read: "that the Ustick Road right -of --way dedication being required as part of Phase I is strongly supported by the Planning and Zoning Commission and it is recommended that the City Council impose that condition on the final plat." Between preliminary and final plat approval, a response from the corporation could be obtained and the question of "taking" could be hirther explored Mary commented that it is disconcerting to have people come back with a change after initial agreement on the preliminary plat- She was hopeful, however, that the applicant would also consider what is good for the City and look favorably upon the dedication. Rick Wells offered a Motion to approve the modified phasing program as to teams and conditions stated with the change suggested by Dennis to Condition #3. ROLL CALL VOTE. Those voting yes: Wells, Davidson, McConnell, Higdem, Buckendorf. Those voting no: Pilote. Absent and not voting: None. MOTION CARRIED Following the motion, Rick Wells and Mary Higdem expressed the hope that the City Council would move forward the transportation planning process and encourage development of preliminary design and engineering plans for major arterials such as Ustick Road and Kimball Avenue. The Commission then discussed items acted on by City Council and potential agenda items for the next meeting of September 15, 1994. With no further business the meeting adjourned at 10:30 p.m. G�j� Rei'�Srdfi Seci try, g Tom Easley Liz Yeary NM4=S P&Z 9-1-94 Page 6 C PLANNING AND ZONING COMMISSION MINUTES Meeting of September 2, 1993 Present: Chairman Tom Ensley, Rita Earl, Phil Frye, Terry McConnell, Rick Wells Absent: Wanda Anthony, Mary Higdem Staff: Dennis Crooks and Liz Yeary The regular meeting of the Planning and Zoning Commission was called to order by Chairman Tom Ensley, at 7:15 p.m. in the City Hall Council Chambers. The Minutes of the Planning and Zoning Commission Meeting of August 12, 1993 were approved, with motion submitted by Rita Earl and seconded by Terry McConnell. The only public hearing on the agenda was a variety of amendments to the Comprehensive Plan including the Land Use Plan, Historic Areas, Housing and Special Areas components and minor revisions to other areas, such as the addition of charts and graphics to present a more desirable product. The Chairman opened the public hearing and since no-one appeared to testify the hearing was closed. There was some discussion among the Commission concerning Page 21, Policy #2 of the Land Use Plan. The Commission felt the Policy should exclude the phrase "industries which pay predominantly minimum wages.." and, further, that the policy was negatively stated and should be reworded. For example, 112. The City will participate in the attraction or retention of industries which do not result in the serious degradation of air or water quality, utility services, or other detriment to the environment." After some further discussion including the necessity of updating the Public Facilities Plan, Pail Frye offered a Motion to continue the item to the September 16, 1993 meeting of the Commission to enable the public to offer any additional comment. Motion was seconded by Rita Earl. ROLL CALL VOTE. Those voting yes: Frye, McConnell, Earl, Wells. Those voting no: None. Absent and not voting: Anthony, Higdem. MOTION CARRIED The first Miscellaneous item on the agenda was a Preliminary Plat of Owyhee Ridge Subdivision, applicant: H3 Inc. Dennis explained the background to the request, its relationship with Hickman Subdivision and the several items addressed in the Staff Report including utility services, street improvements, park dedication, Ustick Road improvements, and the Elijah Drain. A main item addressed by Dennis was the compatibility of low density residential development with Ustick Road, a major arterial, and whether such a land use would create a pocket of resistance for widening Ustick Road at some point in the future. MINUTES P&Z 09=/93 Page 1 Don Watts, Project Engineer, was present to provide any answers to the Cormission on behalf of the applicant. In response to a question from Rita Earl, Mr. Watts explained that the temporary storm water retention area for Hickman Subdivision would be eliminated when the Owyhee Ridge Subdivision is constructed, which makes the corner commercial lot a usable property. Mr. Watts went on to state that the developer had hoped the City would accept the area along the Elijah Drain for park space but in view of the topography, the Community Services Director had indicated the City were not prepared to accept the proposal. In view of this decision, other options discussed were dedicating the land to the Bureau of Land Management, making it part of the adjacent lots and providing an easement restricting structures or storage or making the area an open space area maintained by a homeowners association. Dennis Crooks asserted that the latter option would be the most feasible to protect the Drain from encroachment. Also, an additional point of pedestrian access could be provided between Lots S and 9 if the common lot approach were selected. In response to a question from Tom Ensley, Mr. Watts stated that the terming concept is used quite extensively and apparently successfully, for example, on Chinden Blvd., in Boise which is considerably busier than Ustick Road. The berm area becomes a common lot maintained by the homeowners association. Dennis reminded the Commission that the area considered for berming is being reviewed for zone change to R-1 Single Family Residential at the September 16 hearing. If the Commission finds low density residential development and the proposed method of berating to be acceptable, the plat can be conditionally approved as submitted contingent on the approval of the pending zone change. Rita Earl expressed concern at the potential loss of a R 3 zoning district. Dennis stated that the developer's objective was to attempt to protect the integrity of the other R-1 homes in the subdivision, and the R-3 zoning was too broad to offer such protection. There was discussion concerning the potential of a Ustick Rd. freeway interchange and also the need to upgrade Ustick Rd. to accommodate increased traffic from the growth areas. Phil Frye indicated that he thought the proposed berming concept to be acceptable and also felt that berthing should be required no matter what zoning is permitted. With some further discussion over the subdivision design, particularly with regard to the Elijah Drain area, Rick Wefts offered a Motion to approve the preliminary plat contingent on approval of the Comprehensive Plan amendment and Zone change subject to the amended suggested terms and conditions as stated in the Staff Report. Amended conditions are: 4. A forty (40) foot wide dedication shall be required along the Lake Avenue frontage; a forty-five (45) foot wide dedication shall be required along the Ustick Road frontage. 11. A berm feature, as a measure of mitigation, shall be provided along the Ustick Road frontage as generally depicted on cross-section detail labeled Exhibit "C". The berm shall be between 3 and 4 feet in height, be appropriately landscaped (ground cover, shrubs, MINUTES P&Z 09MN3 Page 2 trees and irrigation system} and include a low -profile solid fencing to be installed at the top of the berm within the common lot area and shall be Iocated entirely outside the public right -of --way. Property lines shall be established at the top of the berm. Areas between the top of the berm and Ustick Road right-of-way shall be established as a common open space lot and maintained by the developer/homeowners association. That portion of the berm within Block 1 and Block 2 residential lots shall be maintained by individual lot owners. Protective easements shall be established and recorded over the berm to ensure its longevity and to restrict the placement of structures, fences and materials storage. 14. The area adjacent to the Elijah Drain including proposed retention pond areas shall require some redesign to address issues of drainage, maintenance and ownership to reflect either option two or option three in Staffs Report. Said redesign shall require the review and approval of the Planning and Zoning Director, City Engineer and the Bureau of Reclamation. Special rear yard setbacks for dwelling units and structures on lots abutting the Elijah Drain may be required and shall be determined at the final plat stage. A second point of pedestrian access shall be provided internally from the subdivision to the common open space lot in the event the common open space option lot is pursued by the developer. 18. Preliminary plat approval is contingent on the final action of the Planning and Zoning Commission and City Council concerning the pending Comprehensive Plan Amendment and Zone Change for the area along Ustick Road. Rita Earl seconded the Motion. ROLL CALL VOTE. Those voting yes: Wells, Frye, McConnell, and Earl. Those voting no: None. Absent and not voting: Anthony, Higdem. MOTION CARRIED Dennis then reviewed City Council action and potential items for the September 16 meeting of the Commission. He also advised the Commission of the probable need for two meetings in October, specifically October 7 and October 21. There was some discussion about a possible workshop in the fall, and there was a general consensus that November might be an appropriate: time. With no further business the meeting adjourned at 9:45 p.m. e rding Secre Chairman, Liz Yeary Tom Ensley MINUTES P&Z 09/02/93 Page 3