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HomeMy WebLinkAboutJEWETT ANNEXATION & ZONING - 14-87, A - DECISION - CORRESPONDENCE-HEARING� 0 19 i i I Long Pond DOUGLAS ROAD PE`' rip ITEM JEWETT ANNEXATION AND ZONING 0 NUMBER 14-87,n Planning and Zonin Bard Minutes July 27, 1987 Page 3 led Shepard stated staff is willing to go along with the condition that Lot #5 be restricted to a one story home. He commented another condition could be added stating an accurate survey of the drawing be required at final. lie stated Storm Drainage prefers to have the ditch piped. Bert Vermeulen stated there is a contradiction regarding the ditch. He stated the pipe is currently running further than shown on the drawing; more of a straight course. He wanted to make sure that issue is addressed. He stated he preferred running the ditch in the same direction as it is now. He inquired if a restriction could be put in regarding changing the location of the drainage ditch. Ted Shepard stated the ditch is in a platted easement approximately 25 feet wide. He commented the ditch has to stay within that easement. He informed there is no way to move this drainage facility except within the existing easement. Chairman Crews inquired if there is an existing easement. Ted Shepard stated there is, 25 feet wide. It is located behind building envelope #5. Bert Vermeulen inquired where the easement continues after Lot #5. Ted Shepard commented looking at the building envelope for Lot #5, the envelope is skewed reflecting the 25 foot easement. He stated the easement is straight.. He indicated staff is in agreement to add condition #9 regarding the relocation of the russian olive tree if necessary. Member O'Dell indicated she was concerned about the russian olive tree along with Bert Vermeulen. He stated if the tree is included in the buil- ding envelope for Lot #5 the lot is getting rather small. Member Brawn inquired if there world be a problem with the russian olive being in the drainage ditch since another pipe would be constructed. Ted Shepard stated the tree would be relocated where it would not interfere with the drainage. Member Strom moved to approve Shoreline PUD - Preliminary with the five conditions included in the agenda, the sixth condition as stated in the memo, the seventh condition that Lot #5 be restricted to a one story home, the eight condition that an accurate survey of the Shoreline be included with the final, and the ninth condition that the russian olive tree be reused on the site. Member Kern seconded and stated it may be difficult for all these conditions to come true by looking at the map. Motion passed 1-0. JEWETT ANNEXATION AND ZONING Tom Peterson gave staff description of the project. is Planning and Zoning * Minutes , July 27, 1987 Page 4 Mr. Jewett stated originally the City indicated in three years he would not automatically be forced into the City. He inquired why he was being forced now. Tom Peterson commented it is the policy of the City for enclave areas that are eligible for involuntary annexation to be annexed as soon as they become eligible. In this case the City waited an additional six months to see how the Richards Lake Development worked out before processing the pap- erwork for the annexation. He indicated the policy has been in effect for a number of years. Mr. Jewett inquired if the policy was a State law. Tom Peterson indicated there is a State law that does govern this type of annexation. Mr. Jewett commented the Richards Lake Development is dead now. Tom Peterson indicated he could not speak to that because he was not sure what was going on at this point with the Richards Lake Development. Mr. Jewett inquired if police protection would be provided for the area. Tom Peterson indicated this is correct. Mr. Jewett stated that police protection has not been provided in the past three years since Hoffman has been in the area. Tom Peterson stated he could not speak to that issue. He commented once Mr. Jewett's propery becomes a part of the City he would be eligible for police protection. He stated he was not aware of any incidents on the Hoffman's property that involved the police. Mr. Jewett commented there had been no incidents but they are still entitled to police protection. He inquired if the police should be patrol- ling the area around Hoffman's property. Tom Peterson stated police protection is provided to that area of town. Mr. Jewett commented there has not been a patrol car out in the area for three years now. He stated he was concerned about the dogs getting in with his sheep and what the City would do about it. He indicated the City Attorney had informed him he could not legally shoot the dogs on his prop- erty that were bothering or killing the sheep. Tom Peterson stated the City has an animal protection ordinance that enables anyone to report these animals to the Humane Society and they will come out and remove the dogs. Mr. Jewett indicated he called the Humane Society last year and he finally had to go to court to get the money out of the man whose dog killed his sheep. He stated the City is forcing him to hire an attorney every time 0 something happens. C Planning and Zoni Ward Minutes • July 27, 1987 Page 5 Chairman Crews asked for legal help from Steve Roy. • Mr. Roy stated he was not sure how to help out. Mr. Jewett said the City told him he could go ahead and shoot the dogs and take the chance of being prosecuted for shooting a gun within the City lim- its. Mr. Roy stated it is illegal to discharge a weapon within the City limits. He indicated he wanted to check to see if there were some provision that stated with the permission of the Chief of Police a gun could be discharged under certain circumstances. He commented he could not answer for the con- tention that there has been a lack of enforcement by the police department. Mr. Jewett stated the police go to Richards Lake Road and turn around or they do not come up Highway 1 because it is not in their jurisdiction. He indicated he would like to put a stipulation in that if Richards Lake Development or anyone else buys the Hoffman's place they would also buy his property. He stated if the stipulation could not be included he would be forced into the annexation in its present form. Member Brown stated the police do not patrol her neighborhood unless a com- plaint has been reported. She inquired if Mr. Jewett was requesting for regular patrolling of the area. Mr. Jewett indicated he was requesting regular patrol. . Chairman Crews indicated the Board is recommending to City Council and the Board can not answer most of the questions Mr. Jewett asked. lie stated the Board would act on the project and Mr. Jewett could ask City Council the same questions that had been brought up. Tom Peterson stated it would go to City Council on September 15, 1987. Mr. Jewett stated if the City would be willing to buy the property he would be willing to leave. Member Lang moved to recommend the Jewett Annexation and Zoning to City Council. Member O'Dell seconded. Motion passed 7-0. FOOTHILLS MALL EXPANSION PUD, PHASE 1 (MERVYN'S) - FINAL FOOTHILLS FASHION MALL EXPANSION PUD PHASE 2 (MAY D b F) - FINAL FOOTHILLS EAST AMENDMENT - PRELIMINARY FOOTHILLS EAST, PHASE 1 - FINAL (Combined discussion, separate motions) Member Edwards noted a perceived conflict of interest on item 12, Foothills Mall Expansion PUD, Phase 1 (Mervyn's) - Final, and abstained from the vote. •