TREMONTON CITY CORPORATION
PLANNING COMMISSION
AUGUST 30, 2022

Members Present:
Micah Capener, Chairman
Jordan Conrad, Commission Member
Penni Dennis, Commission Member—excused
Paul Fowler, Commission Member—excused
Layne Sorensen, Commission Member
Bret Rohde, City Councilmember
Steve Bench, Zoning Administrator
Shawn Warnke, City Manager
Cynthia Nelson, Deputy Recorder

Chairman Capener called the Planning Commission Meeting to order at 5:31 p.m. The meeting was held August 30, 2022 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Capener, Commission Members Conrad, Sorensen, City Councilmember Rohde, Zoning Administrator Bench, Manager Warnke, and Deputy Recorder Nelson were in attendance. Commission Members Dennis and Fowler were excused.

1. Approval of agenda:

Motion by Commission Member Sorensen to approve the August 30, 2022 agenda. Motion seconded by Commission Member Conrad. Vote: Chairman Capener – aye, Commission Member Conrad – aye, Commission Member Dennis – absent, Commission Member Fowler – absent, Commission Member Sorensen – aye. Motion approved.

2. Declaration of Conflict of Interest: None

3. Approval of minutes—June 14, June 18, & July 12, 2022

Motion by Commission Member Conrad to approve the minutes stated above. Motion seconded by Commission Member Sorensen. Vote: Chairman Capener – aye, Commission Member Conrad – aye, Commission Member Dennis – absent, Commission Member Fowler – absent, Commission Member Sorensen – aye. Motion approved.

Chairman Capener called a Public Hearing to order at 5:33 p.m. to receive public input on transferring development rights. There were five people in attendance.

4. Public Hearing:

a. To receive public input on approving transferable development rights from the southern portion of parcel number 05-055-0189 to parcel number 05-169-0026 and the eastern portion of parcel number 05-169-0025. Rezoning parcel number 05-055-0189 to the Public Facilities Zone. Rezoning parcel number 05-169-0026 and the eastern portion of parcel number 05-169-0025 to RM-16 Zone and approving the Village at North Park Overlay Zone. Rezoning of parcel 05-169-0028, the remaining of parcel 05-043-0093 and the western portion of parcel number 05-169-0025 to Manufacturing Distribution-Business Park and other related matters, including approval of a zoning development agreement.

Manager Warnke said the City has worked with the developer and property owner to acquire a regional storm drain basin and park space on the west side of town. We would purchase the 13 acres, which fits nicely into our parks standard for distribution and spacing. Currently that property is zoned mixed-use and has high density. The developer did want to replace this density to another location so he acquired three parcels, which are currently zoned a mixture, but have less density. We are looking to transfer some of that density to these parcels. Parcel A has frontage on 1000 North and would be zoned Manufacturing Distribution and Business Park. That is not far removed from other zoning in the area. The zoning development agreement would add a layer of land use restrictions. Storage units are allowed, but the restrictions would require those to be built behind the frontage. The front would have traditional looking uses within that zone. Parcels B and C have 14 acres a piece and would be zoned with 12 units per acre. This would transfer over 158 units to that property. The total units possible would be 319. It is restricted to no stacked dwellings. These are density maximums and would still need to comply with our land use requirements and zoning overlay. There is language in the State code that says a city can transfer density. This is a tool used in the preservation of open space.

Manager Warnke said the developer platted out what the density would look like and that is how we came up with the 158 units. This is a good location for density since we like to put them next to our transportation corridors that can support and move density to different areas. We would be adding traffic to 400 West so we sent this to our traffic engineer. The idea is to deemphasis 400 West and emphasize 600 West, which is a collector road. A traffic light is anticipated and would encourage people to use that. That would T into the Matheson apartments. Our traffic engineer said he does not see it causing a significant impact on the roadway or intersections. Since congestion occurs at the intersections, the developer would enlarge that. This would also put density along the trail corridor, which serves as an alternate mode of transportation from 1000 North to 1-15, minus a 100-foot parcel we are working on. A zoning ordinance would be approved, that would require them to do certain things outside our code. We have negotiated an agreement for the density and all other things would be formalized there. Since this is all one developer we can require trees in the park strip. All the landscaping will be determined by a landscape architect. There will be an eight-foot sidewalk with bike lanes and a pedestrian crossing on Main Street. The developer will do a 20-foot landscape buffer along the trail corridor and meet our trail fencing standard. There will be gates so people can access the trail, but keep kids from wandering there. Those will have self-closing gates. The developer will construct those and split the cost with the City. There will be concrete under the fence and a 10-foot-wide asphalt trail (2,600 feet in length) triggered at 75% of the units being completed. They will also dedicate water shares. North Park is adjacent to this development and Meadow Park will have secondary water capabilities to use the system being stubbed to that location. Instead of having a lot of onsite amenities for residents of this development, they are planning on providing resources to the City to improve our existing parks. This is nice from a development perspective because it does not burden the homeowners of that development with maintenance of those amenities through HOA fees and it opens up more resources for the City to improve existing parks. It benefits all residents. They will dedicate 12 acres of water shares, as well as $1,337 per unit toward park improvements. An inflationary factor is built into that. All of this is on top of the impact fees they will pay.

Resident Jeanine James said I live on 100 West just on the other side of this proposed development and have some questions. I was wondering if there will be a connection over the train tracks between the development and 100 West. Administrator Bench said no, we would have to close three crossings in order to gain one crossing across the railroad tracks. We do not have any to close that are not being used. Ms. James asked about the canal they had mentioned. Manager Warnke said that is the Central Trail Corridor. The trail is the dotted line parallel with the railroad tracks and on the south side. It is parallel to the canal. We also have some parks located there. Ms. James said are there plans for a dog park? Manager Warnke said we have talked about it on a staff level, but nothing has been determined. We have considered using a storm drain basin for that and having one for small dogs and another for big dogs. Ms. James said my biggest concern is the allotment of water for all these units. Maybe I do not understand how it all works, but I am wondering how that is shared? Chairman Capener said they are dedicating canal water shares that will be used for the parks. That will offset some of their water responsibility. Manager Warnke said also with each development that is approved the City exacts water shares as a condition of granting approval. They have to turn over water shares equal to the impact they will have on the system. We try to get all the water we can to provide services to these new residents. There is a pump station here for secondary water. The outdoor irrigation is what uses our capacity. As we have built secondary water, we have seen the peak on our culinary water go down.

Chairman Capener closed the Public Hearing at 6:04 p.m.

5. New Business:

a. Discussion and consideration of an ordinance of Tremonton City Corporation approving transferable development rights from the southern portion of parcel number 05-055-0189 to parcel number 05-169-0026 and the eastern portion of parcel number 05-169-0025. Rezoning parcel number 05-055-0189 to the Public Facilities Zone. Rezoning parcel number 05-169-0026 and the eastern portion of parcel number 05-169-0025 to RM-16 Zone and approving the Village at North Park Overlay Zone. Rezoning of parcel 05-169-0028, the remaining of parcel 05-043-0093 and the western portion of parcel number 05-169-0025 to Manufacturing Distribution-Business Park and other related matters, including approval of a zoning development agreement

Manager Warnke said this would be to recommend to the City Council. Here is the ordinance itself and the recitals explaining why we are doing it. There is also the overlay ordinance and zoning development agreement. They reviewed some of the requirements and architectural standards.

Motion by Commission Member Conrad to approve item 5. a. in the agenda and recommend it to the City Council for approval. Motion seconded by Commission Member Sorensen. Vote: Chairman Capener – aye, Commission Member Conrad – aye, Commission Member Dennis – absent, Commission Member Fowler – absent, Commission Member Sorensen – aye. Motion approved.

b. Discussion of Tremonton Housing Plan

Manager Warnke said the State legislature has a priority that housing should be affordable throughout the State and therefor requires that cities have to plan for affordable housing. We have to update our plan in order to comply with their initiative. We have engaged Zions Public Finance to do the actual demographic portion, to determine how many affordable housing units are available, and the economics behind this issue. Landmark Design is picking the strategies that the State legislators have identified to implement. Out of the 25 to choose from we need to do about five. We have identified the most realistic strategies for our City.

Mr. Taylor reviewed Zions findings. He said moderate income housing is looking at 80% of the area median income. That is typically just under $60,000 for a three-person household in Tremonton. We can apply that to the mortgage rates to get the target affordable mortgage number, which is about $240,000. Those at 50% and 30% are able to achieve less. Zions obtained inventory on existing single-family homes from $200,000 up to $700,000. This map shows where things are located. The more affordable housing stock is in the center of town. The less affordable areas are in the new developments. This helps identify how many units you have on the ground—where you have surpluses or shortages. This data also shows rental units. You have 1,200 affordable housing units available within Tremonton now both owned and rented. You need about 1,500 households based on that income so you are short 300 units for the supply. Zions broke this down across Box Elder County so it is not just within Tremonton. When we factor that in you only have a shortage of 110 units. Manager Warnke said State legislature requires us to do the plan and report on the progress of meeting our objectives. We need to report on the 300-unit deficit. Mr. Taylor said the overall take away is that there is a shortage across each category.

Mr. Taylor said we want to have a broad approach on our strategies to target all those sections. We sat down with City staff and identified five strategies to implement. The goal is to add as many to the list as we can, but since the report is aimed at measuring progress, we want ones that can do that. The first one is the low hanging fruit. For strategy E. we want to create or allow for and reduce regulations related to internal or detached accessory dwelling units in residential zones. Currently you do not have an ordinance about this, there is one in draft, but it would be good to get one adopted to stay compliant. This would add allowance for detached ADUs. With any ordinance you can be as strict or as loose as you want. The main concerns surrounding AUDs is how well will they fit into the neighborhood. Some communities have specific ordinance requirements on size and height, as well as parking requirements. The best ones adjust parking based on a size ratio of the ADU. You need to determine where to have off-street parking. We can look into conditions where parking could be reduced or waived. The City can draft an ADU ordinance that meets your needs, but also the requirements of that strategy.

Mr. Taylor said strategy F. is to zone or rezone for higher density or moderate-income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers. This works hand in hand with what we are already proposing in the Land Use Plan. We have different districts that are called out in the future land use map as commercial centers and mixed-use district. Some proposed rezoning would occur in those areas to match that character.

Mr. Taylor said Strategy J. is to implement zoning incentives for moderate income units in new developments. That works well with the Land Use Plan in areas where we are calling for higher density. Incentives could be density bonuses and reduces parking standards setbacks. That seems like an achievable option for areas in the future Land Use Plan that are not associated with commercial center, but are looking at a higher density.

Mr. Taylor said Strategy W. is to create or allow for, and reduce regulation related to, multi-family residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones. This gets at this missing middle housing. We have this focus in our development code where it is either single-family zoning or multi-family zoning and there is nothing in between. This range of options of different housing types could be done in proximity to the downtown or other commercial centers. The idea is to create more walk-ability and have people live closer to downtown to help business from an economic standpoint. By allowing duplexes or patio homes and garden courts that are similar in character they would blend right in with existing single-family neighborhoods. This is one that would support the downtown well and makes sense at the edges of town. This creates a wide variety of housing.

Mr. Taylor said the fifth strategy is to demonstrate implementation of any other program or strategy to address the housing needs of residents of the county/municipality who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing. This says that you would adopt an ordinance requiring a minimum of 10% of your residential development to be moderate income. You set standards to govern what those look like. They could be subsidized market rate or mixed, but you have that set aside for what is required or implement the fee in lieu. There would be a housing authority to manage the funds and that could be for first time home buyers, nonprofits, or senior housing. Heber has seen a lot of success with it. It is flexible enough to allow options with development projects.

Commission Member Sorensen said how does Park City create affordable housing? Mr. Taylor said their main concern is the loss of critical workers (government employees, emergency responders, teachers, etc.). They recognize that if they do not provide affordable housing, they are not going to have those jobs filled. They have put together their own commission that operates in similar capacity. They are more active in the construction of affordable project. They have a lottery and wait list for those critical workers to apply for.

Manager Warnke said those are the strategies we want, but we are exploring others. What works for detached accessory dwelling are larger lots. The lot sizes in the main core part of town are smaller. That is where Administrator Bench and I stopped on that accessory dwelling unit ordinance. The same is true with downtown, we have some opportunity to have housing downtown, but parking becomes the issue. One of the powers the City has that influences affordable housing is zoning. However, zoning the property does not mean it is going to hit those affordable thresholds or even be developed. I like going to the next level of this deed restricted and setting aside portions that are restricted for low to moderate income. That takes the power that the City can control and get to a point where we can achieve some of the affordable housing units.

Chairman Capener said is it even possible to create housing at $200,000, especially with the interest rates? I am not sure it is possible today. You cannot build a townhome in those numbers. If you make that a development requirement it will increase the cost on the other side to subsidize the cost of the affordable housing. Unless you go stacked, smaller housing with more density, it does not pencil. We have to figure out how to make these things work and fit into this environment. Manager Warnke said the things we hear all the time through these planning processes is that people like the rural aspect of Tremonton—the home town, small town feel. Obviously, that is evolving, but when we talked about it with the Planning Commission, we heard a lot of that. Chairman Capener said but they want the commercial part with all the restaurants and amenities. It has to be a combination. We have to make it denser in commercial to afford to put more units that are affordably leased. Commission Member Sorensen said I like the rural, too and do not want seven story buildings, but if we are going to have one the place to have it is in the center of town. Chairman Capener said we would be better off to put an incentive together on vacant dirt and spend our efforts trying to extend utilities to areas that could serve what we are talking about versus trying to encourage it by force through the existing developments. We need to extend the sewer and zone this so you can do 5,000 square foot lots for single-family detached homes on a small lot to make it pencil in those ranges. Manager Warnke said that is one of the strategies and certain areas of town could benefit, but I am not sure we have enough funding to open up those areas. Chairman Capener said put a special improvement district together where everyone ponies up because they benefit. Manager Warnke said that only works on properties that are willing to participate. I would have to look more into that. That also requires things to develop quickly. We will struggle as we start to put some of these strategies together, but these are ones we should focus on. Chairman Capener said they will meet the agreement, but I doubt they will create much affordable housing. We are already allowing multi-family and implement zoning for moderate housing income units. Nothing in the market is under $250,000. Mr. Taylor said these are great points, but the biggest thing is trying to break down barriers and create opportunity. Manager Warnke said when Aspen Ridge first started their pricing it was affordable housing, but now it is not. I favor mixed-uses and a variety of incomes with a mix of housing types. This makes for richer neighborhoods and communities. Chairman Capener said I think it can be done. The biggest hurdle with any of this is the sewer reach. We do not have very many places left that the sewer reaches to do a project of this scope. The hurdle is no one wants to come up with a big project to extend the sewer. Manager Warnke said we also have to consider where secondary water is. We have to grow from the center and out so we can extend utilities. We do not want to do a bunch of leap frogging. One concern is we are the affordable housing for all of northern Box Elder County and we sort of miss that diversity from an economic level that makes for a good community. The deadline of October is approaching for us to pick the strategies. We all worry how affective they can be, but we have to keep pushing forward. Zions will write the narrative behind these numbers to help us understand it. They are drafting that and should have it here in a few weeks. The goal to meet the requirement and provide affordable housing.

c. Code amendment of removing newspaper requirements

Administrator Bench said the State has taken that requirement out. We will still do the 10-day notice and people will get things in the mail. The Commission agreed to take that portion out of their code.

6. Planning commission comments/reports: None.

7. Adjournment

Motion by Commission Member Sorensen to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 7:25 p.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 Planning Commission held on the above referenced date. Minutes were prepared by Jessica Tanner.

Dated this 27 day of September, 2022.

______________________________
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.