TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
OCTOBER 3, 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
Cynthia Nelson, Deputy Recorder

Chairman Bench called the Land Use Authority Board Meeting to order at 9:04 a.m. The meeting was held October 3, 2018 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Steve Bench, Engineer Chris Breinholt, Director Paul Fulgham, City Manager Shawn Warnke (arrived at 9:09 a.m.), and Deputy Recorder Cynthia Nelson were in attendance. Director Christensen was excused.

1. Approval of agenda:

Motion by Director Fulgham to approve the October 3, 2018 agenda. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye. Motion approved.

2. Approval of minutes: July 11, 2018 & July 25, 2018

Director Fulgham said I was not here on July 11, but on 3. a. Jonathan Roberts asked about water shares. The minutes say Roberts would need roughly 1.5 shares per acre depending on the lot size. That should be changed to .5 shares.

Motion by Director Fulgham to approve the minutes of July 11, 2018 with that change as well as the July 25, 2018 minutes. Motion seconded by Administrator Bench. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye. Motion approved.

3. New Business:

a. Preliminary Review of lot split; amend River Valley, Phase 2 Lots 22
and 23; and amend River Valley, Phase 6 Lot 160 – Matt Nielson, Sierra Homes

Engineer Breinholt said the information Mr. Nielson had did not reflect his recent comments that were sent on Monday. The 15’ PUE (public utility easement) could go down to a 7.5’. The original plat shows it as a 15’ because it was a boundary. Mr. Nielson asked about the minimum. Engineer Breinholt said on side lot lines it is a 15’ share up to7.5’. Street frontages and boundaries of developments are typically 15’, but if it looks like the neighboring property is a future development that can often times go to a 7.5’. We cannot just change it, but we could vacate it and redo it since it has already been dedicated. Mr. Nielson wondered what utilities are going through the area and they talked about storm drain. Engineer Breinholt showed the existing lot lines and said we have a storm drain that runs along the back of that and goes into the catch basin in the street. The slope on that is minimal already. Director Fulgham said most likely everything else is out in front, but you will not know unless you have them stake it. Power and gas will be in front, but I do not know about phone or cable utility. Engineer Breinholt said if you were able to move the PUE it would have to be vacated and go through the public hearing process. Administrator Bench said if you have to vacate it that would go to the City Council; otherwise, it is just Planning Commission and back to this body. Engineer Breinholt told him to start with the storm drain to see if it will work since it is really flat. He asked about the ditch. Director Fulgham said we made them pipe it and it was suppose to come here and down. Engineer Breinholt said if this is for the ditch then the wording on the easement needs to be a little different because it has to be dedicated for the owners.

Manager Warnke asked why they are splitting the lots. Administrator Bench said they want two lots to build fourplexes on. It is zoned mixed use, but is platted for fourplexes. Engineer Breinholt said originally they had a shared drive with two fourplexes on one lot, but that was split into two separate lots. The plan is the same. Administrator Bench said over time it was overlaid with a mixed use and changed single family R1-10 so it fit. Manager Warnke clarified that other than having lot lines they are not changing it and there would be no increased demand for utilities. Manager Warnke asked Mr. Nielson if they are doing anything differently architecturally. Mr. Nielson said no we would stay with the same plan and materials. Director Fulgham said the new ones are a lot better than the old ones. They have almost a hardy board look. Mr. Nielson said it is a duplicate to hardy board, but is made out of vinyl and does not have as much maintenance.

Mr. Nielson said what do we need to do to move this forward. Engineer Breinholt said you are a little short on information for this one with that storm drain—the other is fine. It does not need to go all the way over here it just needs to go in the basin. Director Fulgham said that is a temporary basin. That back property line is where the storm drain line is and there is a retention south of there. Mr. Nielson said he would get some answers and send it back to be reviewed. Engineer Breinholt said you need to submit a construction plan with this one showing how you are going to make that work and show the basin. Manager Warnke said how does that tie into the new BR Mountain Road. Director Fulgham said the BR Mountain Road would come right behind the apartments there. It will sweep down and the other road will tie into it. Engineer Breinholt said he would send that plat to Brian Lyon. It will be south of here, which will not affect this one, but he ought to be aware of it. Mr. Nielson said what do you intent to do with the basin. Engineer Breinholt said as things develop south that will be a regional basin on the south end. It will get bigger as more drains into it. Director Fulgham said that was temporary. There is a ditch that discharges and an open ditch taking it all down next to the freeway. Engineer Breinholt said that is why this cannot go directly into this basin—it is temporary. Director Fulgham said it would have to be piped down the property line. Mr. Nielson said he would get more details and get back on the agenda. Administrator Bench said it is preliminary and they need the construction drawings. It could be on the agenda for Planning Commission on October 9, while the other one would be on October 23 after they have had time to review it. He planned to be to the next meeting on October 10 or even October 17 for Land Use Authority Board, which will be known as the Development Review Committee from this point on.

Motion by Engineer Breinholt to approve the River Valley Fourplex Subdivision Phase 2 lot 22 and 23 amendment. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, and Manager Warnke – aye. Motion approved.

b. Walk ins:*

Bret Lovell was in attendance to talk about the Kingston Parcel, which is under contract. He said we are closing next week. A family needed a rush sale so we are buying the property for a land hold, however, if there is potential for development we would be thrilled to do that. He asked about flow and Director Fulgham said they could put a lift station in and pump it up and along 10th North about three-quarters of a mile. Manager Warnke said it seems like the adjoining property owner has not expressed any interest in granting an easement. Director Fulgham said there are other ways around. You can come up along the freeway and just below that development is sewer without having to come across the mid section. Sewer is the main challenge. Water is there on 10th North. Administrator Bench said it is zoned for commercial general, not residential. Director Fulgham said that area has been looked at two or three times for big commercial lots. Administrator Bench added manufacturing as far as assembly, nothing heavy, just general retail. Mr. Lovell said through your economic development efforts have you seen anybody who would be interested in this piece now. Administrator Bench said big time developers have shied away from running the sewer.

Mr. Lovell asked about power and Director Fulgham said there is plenty of power and natural gas through there, as well as UTOPIA fiber. The other issue is storm drain. It will end up going underneath the freeway because you have canals that cut you off. You would have to pipe and siphon under. The easiest way is to go right into the Salt Creek drainage, which is right under the freeway, but you would have to bore under it and get it there. Mr. Lovell asked about pipe size. Engineer Breinholt said it depends. You will be detaining the water and it will be a controlled released. The minimum size for storm drain is 15. Manager Warnke said the Transportation Plan shows a utility road the City is developing (the BR Mountain Road), which has an 80 foot cross section through your property. Mr. Lovell said they are not thrilled about a gravity flow for sewer and wondered if there were any utility easements against the freeway that they could use to take the sewer over there. Manager Warnke wondered if UDOT would allow them in their right of way. Engineer Breinholt said not typically, I have done across it, but not along it. Manager Warnke said they allow fiber so it might be worth looking into it.

Mr. Lovell asked about water shares. Engineer Breinholt said for commercial it depends on the irrigable area (one share per irrigable acre). Director Fulgham said if you have a big building with a lot of parking that is taken out of it. They confirmed that culinary is impact fee. Mr. Lovell said this is good news other than sewer and storm drain. Once we purchase this and start, it will be a hold, but if opportunities come up, we would like to work with the City. He was directed to Manager Warnke as a further point of contact.

Mr. Lovell asked about a lift station on sewer. Director Fulgham said if you do one and dedicate it to the City it has to meet our standards. The City prefers private, which feeds back to ours. Our design is a wet well, dry well setup, while individuals are usually just wet well with a pump. They are a nasty mess and we do not want to inherit them. It depends on what you are putting in and how many people connect. It goes into our standards and we maintain it and see that it continues to work. If not then it is up to the property owner to maintain the components of the lift station. Mr. Lovell asked about recommended engineers. Director Fulgham said they have had no issues with those locally. Manager Warnke said the previous plat might have the data and be a good source.

Mr. Lovell said do you think there is someone with a need for large manufacturing in that area. Manager Warnke said have you developed flex office space. Mr. Lovell said we love and do well with that. Manager Warnke said in working on the Economic Development Plan that is one of the needs and niches that may work here. I will pass along our Economic Development Plan for your review.

Tiffany Rhodes was in attendance to discuss property on Radio Hill at approximately 1000 North 3100 West, which she and her husband are looking into purchasing. Administrator Bench said you could buy it as 2.5 acres and build a house with a mini farm or you could subdivide it. Ms. Rhodes said we are happy to have the land, but we want to know our options. What if we have kids who want to build, can we split it up and what is that process? Administrator Bench said the zoning up there is R1-20, which is half an acre (20,000 square foot minimum lots). It can be done, but there are a few things for you to know. You would have to tie to the sewer even if you built your one home close to the road because you are within 300 feet of it, which is at the end of 1000 North. If you are building a single home now you might want to think about running a bigger pipe so if you do subdivide in the future everybody does not have to run one. You could extend that to the front of your property as an 8-inch and then everyone can run down from there. When asked about cost, Director Fulgham said it is $20 to $25 a foot. Administrator Bench said if you kept it 2.5 acres with one home you could do a
4-inch, but digging a trench is the same whether it is a 4-inch or an 8-inch. Ms. Rhodes said many of the other homes are on septic, is that an option. Administrator Bench said no because you are within 300 feet of the sewer—that is a state law. There is also no curb and gutter and will not be for a while, but we will require a fee in lieu for the width of the frontage (207.5 feet). If you split, then you would need to hire a surveyor to do a subdivision plat and present it to the City. It would be a deep lot development with a paved private drive serving the property (12 feet wide for two lots or 24 feet wide for more than two lots). The other lots would not have frontage on 10th North, they would be flag lots with a private driveway. The lot width is 100 feet and would be whatever depth to make it 20,000 square feet, not including the road. Director Fulgham said it would be two lots with frontage, but there would not be room for anything behind them. There is not enough room to get a drive for flag lots. Ms. Rhodes asked about building lot taxes and the Board told her to contact the County. She said do you see any issue in the future doing this. I just want to get all the information. Director Fulgham said the City Council does not like flag lots so I do not know how it will play out in the future. Manager Warnke said if your intent is to do something it is better to do it now rather than later. Director Fulgham said once it is done you are grandfathered in.

Manager Warnke brought up water shares and said if you subdivide the property you will need to provide Bear River Canal Company shares to the City based upon the impact. Director Fulgham said it would be roughly half a share per acre. The Board suggested having the seller find the shares before she purchased the land. It was clarified that she would pay a fee in lieu for curb and gutter for the full 207 feet regardless of what route she chose. Administrator Bench said you will not put it in, but we will take that money and eventually add it. One day the road will be widened along with an eight-foot sidewalk.

4. Comments/Reports:

Director Fulgham said a couple subdivisions have not paved their hammerhead turnaround. Engineer Breinholt said he would send them a letter. Manager Warnke said they also needed to follow up with a few developments about water shares owed to the City.

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 10:16 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 17th day of October, 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.