TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
OCTOBER 25, 2017

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

Chairman Bench called the Land Use Authority Board Meeting to order at 10:29 a.m. The meeting was held October 25, 2017 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Steve Bench, Engineer Chris Breinholt and City Manager Shawn Warnke were in attendance. Director Paul Fulgham and Director Marc Christensen were excused.

1. Approval of agenda:

Motion by Engineer Breinholt to approve the October 25, 2017 agenda. Motion seconded by Manager Warnke. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Manager Warnke – aye. Motion approved.

2. Approval of minutes—October 4, 2017

Motion by Engineer Breinholt to approve the minutes of October 4, 2017. Motion seconded by Manager Warnke. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Manager Warnke – aye. Motion approved.

3. New Business:

a. Plat Amendment for Garfield Subdivision Phase 2 – Gary Madsen and Mike Jensen

Administrator Bench asked about the boundary overlap. Mr. Madsen said the survey showed the ditch was on his property and also showed on Shannon Misrasi’s property—so there was an actual overlap. Basically there is a ditch here, which Ms. Misrasi said she owns but Mr. Madsen noted the survey says otherwise. Ms. Misrasi has a survey that shows she owns the ditch and Mr. Madsen has a survey that shows he own the ditch. He explained that he does not need the ditch and agreed to pipe it for Ms. Misrasi and move the boundary there, which will make it better for the landowner next to him. Mr. Madsen noted he is only going to lose roughly ten feet (10’).

Mr. Madsen said the only other change he is making is to adjust this point. He will redo it to gain an extra four feet (4’) on one side and three (3) on the other. Making this 147 and the other one 70.95. He is moving the point over here. He needs about fifty-one feet (51’) here and have twenty-five feet (25’) that will sit off the back line so he needed more room and just stole a little ground out of this one. Manager Warnke asked more about the ditch. Mr. Madsen clarified the ditch will be on Ms. Misrasi’s property, which he will pipe. There are actually two ditches, but one would be abandoned. He showed them which one would be abandoned and which one will continue on through. Manager Warnke asked if the ditch he planned to abandon only serves his property. Mr. Madsen said it comes here in turns, but if he pipes this ditch he will turn it. These two ditches do not run at the same time. The one comes down here and serves this, which I do not need anymore and then turns and goes down. Water from the head gate could just be stopped to this ditch. By piping the ditch they can create a little bit more ground. Ms. Misrasi agreed to have no ditch there. Mr. Madsen will pipe it for Ms. Misrasi, pave it, and move the boundary in her favor. It would have been a different story if Ms. Misrasi’s survey had not shown it at the same place as mine. There was an overlap, but I am not going to fight over it.

Engineer Breinholt asked Administrator Bench about the process. Administrator Bench started going over some of the numbers. Mr. Jensen said I think this drawing is right, but I do not think they have changed these numbers. Mr. Madsen and I have talked about these two numbers and they have already adjusted this angle. We will make sure it is correct. Administrator Bench told them a little about the process, explaining that this body could amend the plat. He said they are keeping it the way it is, they are just shifting it the ten feet (10’) to fix the boundary overlap. The reason it could go to a public hearing is only if it affected the public in general, but right now it is two property owners, who have agreed to this change. They said they would need to record the ten feet (10’) on the plat.

Mr. Madsen did not want to run into problems in the future so he asked where the annexation land is. Administrator Bench said he thought it went down the property. The original one typically goes down the property line. They will look for the annexation. Mr. Madsen asked if they change the property line does the annexation change. Engineer Breinholt said this does not change the property line it just cleans it up. It cleans up an error in the overlap and that is all we are doing here, we are not changing the property line we are just cleaning up a problem. If you were sending the lots into other property that would be another issue. Mr. Madsen said he does not want to make it a bigger deal, but also does not want the County coming to him later on and saying there is a little sliver that is not annexed and give it a separate tax ID number. Administrator Bench said an annexation is recorded prior to a subdivision. Engineer Breinholt said they are more general than that. It would not hurt to say this is cleaning up an overlap between two surveys.

Manager Warnke mentioned this might be in close proximity to the Ag Protection which could be another note they need to make. They explained this is basically letting them know they are next door to a farm. Manager Warnke explained the Ag Protection note in the Utah Code. Mr. Jensen asked if they put a note on there and verified the numbers they had talked about would be good to go. Administrator Bench said they would be pretty close.

Motion by Engineer Breinholt to approve the final plat for the Garfield Subdivision Phase 2. Motion seconded by Manager Warnke. Vote: Chairman Bench – aye, Engineer Breinholt – aye, and Manager Warnke – aye. Motion approved.

Manager Warnke asked Engineer Breinholt if he checks Ag Protection. Engineer Breinholt said he has a checklist he goes through, but somehow he has not done that one—it has not been on his radar.

b. Preliminary Final for 2 lot Subdivision for Stokes Warner Subdivision – Jim Flint

Manager Warnke brought up a couple notes. He said there is a cross access easement that needs to occur between the two parties because they share some of the driveways. He asked about a development agreement, which Administrator Bench said is in there. Manager Warnke asked if they had mentioned making this connection and restoring it once the road is in. Engineer Breinholt asked if they had already done that. Did they have that property for the road or was it a separate plat? Manager Warnke said they just gave it to us and we had it dedicated right away.

Manager Warnke said I almost get the sense that the utilities were not in the easement. Engineer Breinholt said he thought it was about where it is shown. He was looking at aerial photographs, but said it is still a judgment. They showed the lines from the reservoir side-by-side and wondered if there was another one. Engineer Breinholt said is that the easement and the water line is actually over there. They agreed to look into it further. Madsen asked if they should square it off and add that whole triangle. Engineer Breinholt said it should be in the actual location, making it plus or minus a bit. He said he would like to do twenty feet (20’) but ten (10) is enough. They agreed to twenty (20)—going five feet (5’) on this side and screening the whole thing. Engineer Breinholt said the actual location is in question, but that is probably somewhere close so it will be plus or minus.

Manager Warnke asked if the other City utilities stop at the property line or if any went further into the site to service the development. Administrator Bench said they do have water and sewer on the site, which is metered at the building. Manager Warnke asked do we typically need easements for that. Administrator Bench said this whole centerline is cross access. Engineer Breinholt said I do not know how they want to handle that. We can show it wide or whatever they want to do. That just needs to be handled somehow.

Manager Warnke asked about the utilities. Engineer Breinholt said they were stubbing main lines so they need to bring the access or utility easements. When asked about storm and water Engineer Breinholt said it will all be to the site. He said access is the same thing and part of the utility. Manager Warnke said I wonder if we want an access for the future. We need to define the future access in this area on the top end of 2000 West extended. He said I am just thinking vehicles will need an access to go out that way. Are you familiar enough with the plans? Mr. Madsen and Mr. Jensen said they have not seen the site plans. Engineer Breinholt said if it is not a blanket easement they need to identify a location of all those on the drawing for the lines and basin area. Manager Warnke asked if they have to grant an easement or right to put their storm water on their property. Engineer Breinholt said yes that is a part of it. Manager Warnke asked if they are doing separate garbage enclosures for each building. Administrator Bench said yes and showed him where they have been proposed.

Administrator Bench told them this is a preliminary approval so they have to take it to the Planning Commission and he entertained a motion. Engineer Breinholt made the motion to approve it and send it to the Planning Commission with the cross access and utility easements to be added to the plat. Manager Warnke added the water line for the city and Ag Protection. Engineer Breinholt said future access is part of the cross access. The wording on the easements, especially utility and storm water, and where it is being conveyed and stored on the property needs to be clear on what is dedicated. Manager Warnke asked if they are installing separate meters and irrigation systems. Administrator Bench said water meters will be separate with a main line going in that will branch off to each building separately for the buildings and landscaping. Manager Warnke asked if they had decided to water on the backside of the property. Mr. Madsen said they showed an irrigation system to take care of the trees that are established.

They made the motion to approve the plat to the Planning Commission with the discussed changes. Manager Warnke said Administrator Bench and I have talked a little bit about water and distribution lines. We think that since this is a site plan that was already approved there is no required exaction or improvements for secondary water. Engineer Breinholt said this is not one of the areas that are targeted in the service areas 1 through 5, we are beyond that. Manager Warnke seconded the motion and it was approved.

Motion by Engineer Breinholt to approve it and send it to the Planning Commission with the cross access and utility easements to be added to the plat water line and Ag Protection. Motion seconded by Warnke. Vote: Chairman Bench – aye, Engineer Breinholt – aye, and Manager Warnke – aye. Motion approved.

Manager Warnke asked about outlets. Engineer Breinholt said that is the easement for the pit for the sewer. Mr. Jensen said it is a temporary construction easement and is not sure why it is shown. Engineer Breinholt said I am not even sure why he showed an easement because he is building it on his own property. He was showing where he needed to bore under the road. Mr. Jensen said they would have it taken off the final plat.

c. Walk ins:*

Matt Nelson representing Sierra Homes came in to talk about building fourplexes in the area. He said they are splitting lots up so they are a little smaller. It was the original River Valley fourplex subdivisions phase 2. Engineer Breinholt asked where they are located. Administrator Bench said this is Fifth North by the school. Mr. Nelson apologized and said he was just thrown into this on Monday and did not have all the details. He said each lot was originally setup to hold two of the fourplexes, but now it is split so each fourplex has its own lot and will share an easement between them. There will be two (2) lots for two (2) buildings instead of one (1) lot for two (2) buildings. Engineer Breinholt said Buttars did the same thing. It was originally mapped out for two fourplexes per lot. It seems like every time we see one now it is easier for the banks to split them up so they can do separate owners.

Manager Warnke asked what the exterior material would be. Mr. Nelson said he did not know, but is trying to push the upgraded vinyl that has insulation on the back of it. It is a higher quality and they build for 50 years. He said they would meet City requirements. Manager Warnke asked what the difference is between that and masonry. Mr. Nelson said the price of masonry is about $12 a square foot while vinyl is $5.

Manager Warnke asked is it the same fourplex you see all over town. Mr. Nelson was unsure, but said they will follow up with the same type of stuff they have done here. He said the City should have some requirements in their ordinance to doll them up a bit so they look good. It does not cost developers that much more to do, but something needs to be in the plan to require it. Manager Warnke asked if Mr. Nelson knew what some of their standards are so they could review them and create a balance. Mr. Nelson said they could setup a time to discuss this further. He has been a mason for thirty-five (35) years and a developer since 1994. I would give you some good input of what I know and tell you what we think we ought to do. Mr. Nelson could even bring an architect who has been around for a lot of years. You have a fine line you are walking, if you require too much the developers will walk from the project like they did in North Logan, but you do need some standards so they are not just square. They agreed to meet on November 13.

Administrator Bench said this is just concept at this point, but they could get him on the agenda for the preliminary. Manager Warnke asked them if they could get these fourplexes dolled up. Mr. Nelson said they will meet the requirements of the City on this one, but when it comes time to talk about the others he will push for a littler higher quality. Administrator Bench said they have a landscape plan that will need to be followed, along with standards for the drives and streets. He said they could get him on the agenda for November 1, for the preliminary and if they like it they will send it to the Planning Commission. If they are in favor, they will recommend it back to this body, then if it is approved they will provide the plat signatures and get it recorded.

4. Comments/Reports:

No comments or reports.

5. Public comments: Comments limited to five minutes.

No public comments.

6. Adjournment:

Motion by Engineer Breinholt to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 11:27 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 29th day of November, 2017

_____________________________
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.