PLANNING COMMISSION June 12, 1990 Page Five 4d. Kanesville Meadows & White Rail Subdivision, Final Staff indicated that these two subdivisions are located at 4300 W. 4000 S. and is for 96 lots. Staff recommends final approval subject to the following comments: 1. U.D.O.T. requirements to be met on 4000 S. Street, in which they are requiring the subdivider to install curb and gutter on a State Highway. 2. County Engineer requirements to be met 3. Hooper Water letter of approval needed - Land Drain to be installed? 4. Health Department Final Approval letter needed 5. Irrigation water covenant needed. Irrigation system to be installed 6. Verify utility easement changes with utility companies 7. Agreement for canal crossing with County needed 8. Hooper canal to be fenced 9. Fees $1,840.00 Planning and Engineering now due Gary Newman, the developer's Engineer, stated that they now find themselves with a subdivision with U.D.O.T. requiring that the paved area within 40 feet be widened to 31 feet north of centerline with a 40 inch curb and a 5 foot sidewalk behind that. Mr. Aland is willing to bond for these improvements at this time and will go to court with U.D.O.T. to see whether the State has a right to require a developer to install these improvements on a State Highway. He indicated the County Attorney believes the County Planning Commission and the County Commission has the right to indicate what improvements would be required to be installed. The problem they see is that in a rural situation the infrastructure is not in place to handle the problems created with the installation of the improvements. He stated that there is a good wire fence on the side of the canal. They feel that the wire fence is all that is needed because the lots will have animals. If they will be required to have a board or a chain link fence, they will have to install it in back of the wire fence so the animals will not destroy it. Staff indicated that this is the first case where the State is requiring full improvements on a State highway in a rural subdivision and that this might be what is ahead with all rural subdivisions in the future. If this is the case, the County will have to look at reviewing and updating the County road standards in the future. Staff also indicated that the current fence does not meet the subdivision ordinance requirements. Commissioner Fuller indicated that if this development is successful with 96 homes, there will be alot of children and bicycles. He is somewhat of the opinion that it would be reasonable to have sidewalk and that provisions have to be made now in some way to have a sidewalk along these arterial streets and U.D.O.T. has come forward with assertiveness to take this first step. Gary Newman indicated that the developer is more than willing to sign a agreement saying that the improvements would be installed in an timely and orderly fashion when the infrastructure is in place. 421