PC 10/13/82 - Laserfiche WebLink

Mr. Harris indicated the question is who will grant the improvements. Commissioner Wilson said perhaps they would dedicate future right-of-way of Parcel A. Mr. Warnick said the Planning Commission can make whatever recommendation concerning the conditions they feel appropriate and that the staff would, at the very least, want interim improvements because of site distance problems, etc. The public hearing was opened. Rick Hempy, 201 Spring Street, the developer, addressed the issues stating he would like to answer any questions there may be concerning the area in question. He indicated that a deceleration lane will be fine and probably something which is needed with the property but he has no right to dedicate Mr. Starnes' property. He further indicated it would be financially burdensome if they did everything the staff requested and pointed out that there are only three building sites. Commissioner Wilson asked if Mr. Starnes would dedicate 33 ft. of Parcel A. Mr. Hempy indicated that Mr. Starnes would not. Commissioner Wilson asked if Mr. Starnes was present and if so to please speak on this issue. Mr. Robert M. Starnes, 5050 Foothill Road, stated he had talked to the Hempys about their desire to subdivide and that he doesn't really care one way or the other if the Hempys exercise their option on his property but that in any event the Starnes will not give up 33 ft. along their portion of the property along Foothill Road and stated furthermore that they do not intend to have any development on their own property whatsoever. Commissioner Getty indicated that at some point, unless there is a big jog in the road, the Starnes would have to participate in street improvements. Mr. Warnick said there are two ways to go for improve- ments; 1) through an assessment district which would be distributed to the property owners; or 2) the City would have to pay for this through a capital improvement project. Commissioner Wilson asked why the small portion to the rear of the property was added to Parcel A. Mr. Harris explained that Harry Hempy was the original owner of the property and that the Hempy residence is on the back parcel and that he wanted a little more land to preserve trees, etc. if the subdivision took place between his house and whatever was developed on Parcel D. Gilbert Barbee, 147 Bernal Avenue, Land Surveyor, spoke. He indicated that neither the Hempys nor their representatives in the past asked to hold an option on the property in the front and this has put the Hempys in a 'catch 22' position and that Hempy would dedicate what is required but that the dedication required of this application is not the Hempys to do. He further indicated that if the subdivision is turned down, Hempy couldn't exercise his option and the City might have to buy all of it. -3-