TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
JANUARY 24, 2018

Members Present:
Steve Bench, Chairman/Zoning Administrator
Chris Breinholt, City Engineer
Marc Christensen, Parks & Recreation Director—excused
Paul Fulgham, Public Works Director
Shawn Warnke, City Manager—excused
Cynthia Nelson, Deputy Recorder

Chairman Bench called the Land Use Authority Board Meeting to order at 9:04 a.m. The meeting was held January 24, 2018 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Steve Bench, Engineer Chris Breinholt, Director Paul Fulgham, and Deputy Recorder Cynthia Nelson were in attendance. Manager Warnke and Director Christensen were excused.

1. Approval of agenda: January 24, 2018

Motion by Director Fulgham to approve the January 24, 2018 agenda. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye. Motion approved.

2. Approval of minutes: January 10, 2018

Motion by Administrator Bench to approve the minutes of January 10, 2018. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye. Motion approved.

3. New Business:

a. Final Approval for Spring Acres, Phase 6 – Marc Allred

Engineer Breinholt said they have not received the construction drawings yet, just the final plat, which was noted on the last review. Mr. Allred said he would get that and asked about other changes. Engineer Breinholt said I do not see much that can change. Mr. Allred said I think the only thing changed from the original was adjusting the manholes and where we are going to service the sewer. The water and secondary water still have to loop. Administrator Bench asked about streetlights. Mr. Allred said they have not added them and may need to make a note. He said he has paid for the power and to have it designed, but it was designed with the three-lot phase instead of the four-lot phase of phase five. That has been sent to have the whole system designed. He showed where they have paved and intend to bring power from. Administrator Bench asked about a streetlight in the cul-de-sac and said I like to see something in the curb. He asked if there is a fire hydrant in the cul-de-sac. Mr. Allred said one was just sitting in the middle and wondered if he needed another somewhere else. Director Fulgham said I do not see hydrants or streetlights anywhere along that street yet. Mr. Allred said for this phase we have a hydrant sitting at the end of the cul-de-sac and we can have one here that covers the other and then one there.

Mr. Allred asked about inspections, but a couple things would need to be done first. Administrator Bench said we need money for this one before we record. Mr. Allred asked what types of things they could do before they record, such as underground improvements. Director Fulgham said once we get a final utility drawing then you could. Mr. Allred said he would like to pay cash for those improvements and then bond when it comes time to do the curb and gutter. He would put secondary, primary, and sewer in, have those inspected then do back fill, gravel, and compact it. Engineer Breinholt said we want to have the final approved construction drawings and a preconstruction meeting, even if you are not recording.

The item will be put on the next Land Use Authority Board agenda when they have all the drawings they need for further review.

b. Preliminary Review for Holmgren Estates East, Phase 6 – Lyle Holmgren

Mr. Holmgren asked if they had questions. Engineer Breinholt said there are little things like integration laterals should be single. He also wanted to see the storm drain plan, saying it is different than the original master plan and would like to see that. Mr. Holmgren said he talked to his guy and said he thought it had to go out this way because it drains on the surface. He does not know if there was enough change in the grade that could have impacted that. Engineer Breinholt said they have sent their comments to him on phase 6.

Mr. Holmgren said during the last meeting they debated which one to start with. He said Manager Warnke was anxious and would like to see the area by the trailhead done first, but there is more demand for those other lots. We might push a little more toward this one and then hold this one until later in the year or just flip-flop them. Engineer Breinholt said that would be good to get that done around that trailhead. Mr. Holmgren said it would finish this off so we could do the landscaping. It makes a lot of sense to maybe do it now. Administrator Bench asked if Mr. Holmgren wanted to take both of them to preliminary. Mr. Holmgren said yes, with the idea that we may go this way or this way as we pursue this. Administrator Bench asked Mr. Holmgren to email them a copy. Engineer Breinholt asked if he had a full preliminary plat or just a concept layout. Mr. Holmgren said just a concept layout because he wanted to make sure they were comfortable with doing this before he spent the money. Engineer Breinholt asked if they are within the limit for the single access. Mr. Holmgren said they are by just a few lots.

It will now be sent to Planning Commission. Administrator Bench said to get all the corrected information to Engineer Breinholt for his review and they will add him to the next Land Use Authority Board agenda.

c. Preliminary Review for Garfield Subdivision, Phase 3 – Gary Madsen

Administrator Bench asked if Mr. Madsen had updated all their notes. He said yes, we brought the sewer and water to the end. We moved the fire hydrants to where you said and added the streetlights. I will not make this a separate parcel I am just going to do a lot line adjustment. It is not drawn, but we will probably stop this road and bring it across here to be a part of the lot line. Engineer Breinholt said I keep saying the ditch needs to be piped because he did not show it, but if that is the property line then it is fine. Mr. Madsen said he shows this as existing irrigation pipe. Currently it is not, but he is piping it. He said that was part of the negotiation when I lost some ground—by piping it I get some of the ground back. We are just hauling dirt right now there are no improvements. The area is getting raised a lot so the dirt road will not seem as high. He asked about lot requirements for a second entrance, but said he would do the second entrance to lower the traffic flow. Engineer Breinholt said he would email his notes to him.

Administrator Bench read from Manager Warnke’s notes. He asked about Ag Protection, which Engineer Breinholt said is just a note on the plat—a warning stating they are next to an agriculture protection zone. Mr. Warnke’s notes also wondered about a grant easement for ditches and approved piping, but there are no ditches on the property. Warnke’s notes suggested they ensure water runoff does not run onto other people’s property without an easement. Mr. Madsen said all the water will be piped and sloped back, they can add another box. Engineer Breinholt said they have questioned which direction this road goes and still do not know. We will worry about that when we see the construction plans. Mr. Madsen said it would have to slope there because I have no way to dump water that way. Director Fulgham said it would not be much to move. Administrator Bench continued reading from Manager Warnke’s notes, which asked about telecommunication conduits being shown on the construction drawings. Engineer Breinholt said they are just shown on a standard cross section so they know their location. I do not require them in the plan view because there is too much going on. Notes for all the permanent markings, such as sewer, water, and curbing, will happen later.

Director Fulgham said we should bring the fire hydrant off of the line going east and west—that way we keep the one going south closed and charged. We would have a full way valve in the intersection and would not have that much dead, stale water sitting there. Nobody will be coming off of it with their meter for a long time. Engineer Breinholt said he needs to show the turnaround, which will be paved (six-inches of road base and three-inches of asphalt with a 28-foot radius). They will hold the curb and gutter.

Mr. Madsen said once we get final approval, but have not recorded, could we start putting stuff in so we do not have to bond as much. Director Fulgham said yes, you just cannot sell lots. Administrator Bench said it has to be the approved material and inspected. Director Fulgham said you could put it in and deduct it off your final escrow. Engineer Breinholt said except 10%, which we keep in warranty. Mr. Madsen said it is just a thought because we will bond, we just might get the storm drains, sewer, and water installed and inspected so we do not have to bond so much. We will keep the City in the loop. They confirmed that once the final is approved he would have a year to record it and they do not give final approval without a bond in place. Construction cannot start until then.

Mr. Madsen will now go to Planning Commission and then back to Land Use Authority Board. They told Mr. Madsen to get the final plat and construction drawings to Engineer Breinholt for his review. Besides moving the fire hydrant and putting the radius in, Engineer Breinholt said he sent other notes that go on the plat that he does not worry about on the preliminary plat—they are just general notes that go on every plat. The Ag Protection is unique and streetlights need to be installed in the street. Landscaping for the pond is not shown, but needs to be called out on the construction plans.

Motion by Director Fulgham to approve the preliminary for Garfield Phase 3. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, and Director Fulgham – aye. Motion approved.

d. Discussion of subdividing lots at approximately 2800 West 1000 North – Jake Peterson

Administrator Bench said this is a tricky one because of some rules that will apply. It should say approximately 3550 West. Up on the hill, years ago, they subdivided larger lots. These lots are about 1.5 acres, which Peterson wants to divide it into two or three, half acre lots without sewer. Director Fulgham said sewer ends at Country View Drive and slopes the wrong way. The plan was that when the commercial came into the area they were suppose to bring it up through there, but then it never happened.

Administrator Bench asked how many acres are in the whole thing and said we have a lot split chapter that talks about the entire acreage that is comprised of a subdivision. It has to have a density no greater than one dwelling unit per four acres with a maximum of five dwelling units per original parcel. If you add sewer there this is not an issue. The entire acres comprised of the subdivision has a maximum no greater than one dwelling unit per four acres with a maximum of five per the original. So it calculates that the original subdivision should be 20 acres for five lots. Engineer Breinholt said I thought this code applied to the date it was enacted? Whatever the lots were as of that date? Administrator Bench said an existing lot as recorded on June 21, 2016, and not recorded as a previous subdivision plat. Engineer Breinholt said it applies only to this parcel—it stands on its own. Administrator Bench said there is the conundrum.

Administrator Bench said we know the sewer is not there and to subdivide you would have to look at getting sewer. Mr. Peterson said he thought he saw something that said up to half an acre you could have a septic if you are not within 300 feet of connecting to a sewer. Administrator Bench said that is true, but this is lot splitting so that chapter comes into effect. If you left this one lot and sold that as a one lot with an acre and a half you could build a home and come in tomorrow and get a permit. We would allow a septic tank for that, but once you subdivide then that chapter kicks in. Director Fulgham said our fear is density of septic tanks, especially up there with the hard pan layer. When they start leaking they sub somewhere else sometimes if it is too dense.

Mr. Peterson said he would think about this. They told him to come back if things do pan out and that the sewer will eventually get there. Mr. Peterson confirmed that he could put one house in the back corner and then subdivide the area later. Administrator Bench said yes just get a permit for that. Director Fulgham suggested putting the septic system out front so if the sewer does come he could get it transitioned easily. Mr. Peterson asked about testing and if he needed the health department to issue a permit before getting a building permit? Administrator Bench said yes at least go to the health department and see if they will do it. They also addressed curb and gutter, which would need to be taken care of by Mr. Peterson. Engineer Breinholt said they would need more width for a future road, which would cut into that property a bit. The plan was to put a two-lane road with a turn lane and no on-street parking.

e. Walk ins:*

There were no walk ins.

4. Comments/Reports:

No comments or reports.

5. Public comments: Comments limited to five minutes.

No public comments.

6. Adjournment:

Motion by Director Fulgham to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 10:04 a.m.

The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes of the Land Use Authority Board Meeting held on the above referenced date. Minutes prepared by Jessica Tanner.

Dated this_____day of _________________, 2018

_____________________________
Linsey Nessen, City Recorder

*Utah Code 52-4-202, (6) allows for a topic to be raised by the public and discussed by the public body even though it was not included in the agenda or advance public notice given; however, no final action will be taken.