Safety concerns surrounding an irrigation ditch derailed the proposed rezoning of 24.7 acres for a
102-lot subdivision during a public hearing at the Oct. 15 City Council meeting.
The City Council voted to continue the matter to allow the applicant time to address the issue.
The request was to change the zoning on six parcels containing approximately 24.72 acres from
RR½ (Rural Residential, ½-acre minimum) and RR5 (Rural Residential, 5-acre minimum) to
SF6 (Single Family, 6000-square foot minimum)
The proposed Chaparral Estates subdivision is located between Farm District Road to the south,
Langdon Street to the north, Winnie Lane on the west and Nevada Pacific Boulevard to the east.
Though there were some complaints from nearby rural residents regarding the smaller lot sizes
being proposed, most of the controversy centered around the irrigation ditch.
Concerns expressed included the safety of nearby children who might fall into the ditch and
drown, access to the ditch in the case of a “blowout” that may need to be repaired, and the
responsibility to replace any private fencing that may be destroyed either by a blowout or by
attempts to repair the damage.
Due to a reported high water flow in the ditch for 36 to 48 hours at a time, several opponents
urged the city council to either deny the zone change or require the ditch to be piped.
Derek Kirkland, principal planner with Wood Rogers Inc., representing the applicant, pointed out
that in their proposal, a locked gate would protect the ditch from intruders.
“Right now, there is no gate, there’s nothing,” Kirkland said.
Anybody can access the ditch, he added.
Kirkland also said the applicant would be willing to add a condition to the Covenants, Conditions
and Restrictions (CC& Rs) that in the case there is a ditch blowout that affects any private
fencing, it would be the homeowner’s responsibility to repair the fencing, and that neighbors
would also be allowed access to the ditch for repairs.
Councilman Albert Torres said he liked the project, but it would add more children to the general
area, adding risk where the irrigation ditch is concerned.
“We’re talking some serious flow,” he said, noting that the ditch has “one of the largest, highest
water flow rates that we have that are still being used.”
Torres said he thought a condition of approval must include a requirement that the ditch be
piped.
Some discussion ensued about what size pipe would be needed. Michele Rambo, the city’s
planning director, said the size of the pipe could not be determined at that night’s council
meeting, that it would require further study, but the council may impose a condition of approval
that the ditch be piped.
Councilman Ryan Hanan said he may be even more concerned about a child getting into the pipe
and drowning than a child falling into an open ditch. Public Works Director Barry Williams said
any entrances to the pipe could be screened to prevent such an occurrence.
Mayor Neal McIntyre said he understood the concerns about the ditch, but he also had concerns
about the project’s financial viability if too many expensive conditions are placed on the
development.
“It has to pencil out and be profitable,” he said.
Kirkland estimated that it would cost about $250 per lineal foot to install 24-inch piping, so it
would cost approximately $200,000 to completely pipe the 800 feet of ditch.
After conferring with the applicant, Kirkland said their concern is that the ditch is an easement so
they would need legal access to even install piping.
“We would ask that there is some sort of contingency so that if a property owner doesn’t give us
legal access, then we’re not required to fight them in court. We’re just asking not to be held to
something we can’t implement,” he said.
Councilman Joe Mendoza made a motion, seconded by Councilwoman Felicity Zoberski, to
continue the matter until the developer has a chance to speak to nearby property owners and get
authorization from all of them to access the ditch in order to pipe it. The motion was approved
unanimously.
In other city council rezoning action last week, the council heard no opposition or comment
during a public hearing to rezone the mayor’s 23-acre proposed fishing pond park site at 2305
Farm District Road from SF 20, single family, 20,000-square-foot minimum lot size to OSP,
Open Space and Parks. The council unanimously approved the rezoning.
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