TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
AUGUST 9, 2017

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 9:07 a.m. The meeting was held August 9, 2017 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, and Deputy Recorder Cynthia Nelson were in attendance. Director Marc Christensen was excused.

1. Approval of agenda:

Approved with the change that item a. would be discussed at a later date.

Motion by Engineer Breinholt to approve the August 9, 2017 agenda. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

2. Approval of minutes: July 26, 2017

Motion by Director Fulgham to approve the minutes of July 26, 2017. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

3. New Business:

a. Discussion regarding City water use at property – Vickie Oliver

This item was rescheduled.

b. Preliminary Review for Garfield Subdivision Phase 3 – Gary Madsen and Clayton Grover

Engineer Breinholt said there is a conflict with the Master Road Plan at 300 South. The road should go through there and he wondered if the City was okay with extending that through 300 South or would they require the road to be along the south edge. They agreed this was the best solution to avoid a bunch of cul-de-sacs. Chairman Bench said they could line it up later and tweak the Master Road Plan as needed. Gary Madsen asked if they could jot the road down to avoid two phases. Engineer Breinholt made the suggestion to allow them to jot the road up and have that road extend through. The City intends to keep it as lined up as possible, depending on property ownership. The Board questioned if they would have a good alignment and said they would likely end up with multiple cul-de-sacs to serve those lots along that road. Chairman Bench said the City is trying to go away from cul-de-sacs, which create problems for snow removal, garbage collection, and fires. Manager Warnke said it would be less expensive to do the cul-de-sacs. They agreed they could extend this road out for future use, but would need to require a temporary turnaround into that land. Chairman Bench said they could add a hammerhead at the end of the lot and revert back once the road goes through.

Manager Warnke asked how curb and gutter would be handled at 300 East when it is time to extend it. Chairman Bench said they would end their improvements of curb and build a gravel hammerhead. That would continue on as the next developer comes in and makes that connection. Director Fulgham said the turnaround would need to be paved so they can maintain the area, but it does not have to be built to road standards.

In order to add the hammerhead, they will have to adjust the lots. Chairman Bench said the homes being built are stretched to the limit on those lots. They have the depth but they might want to think about how wide these future homes will be.

After some more discussion about the road, Mr. Madsen asked the Board if they will require them to put a road down through there. He said the sewer is never going to make it up here. Engineer Breinholt said this is not as much about the sewer as it is about traffic and what comes in. Mr. Madsen said he understood this does not have anything to do with the sewer, but until someone pipes it clear to the river, this will never be developed, so why does the City care about connectivity to something that is not going to happen until the lot prices are not so high. Engineer Breinholt said because some day it will and if we do not plan for it now, then it will be someone else’s problem.

The Board also discussed the ditch, saying if it is on these lots it needs to be piped. They might be able to do risers. They agreed this was something they need to look into further before making a decision.

Manager Warnke asked about consolidation of the storm drain ponds. They will have one large pond and more green space in the areas where the sewer cannot reach. The elevation will end the sewer and they will have angled manholes.

Mr. Madsen explained that the plans do not show an area is dedicated to the City, but they will fix that.

Manager Warnke brought up secondary water stating that any applications received after August 1, 2017 will be required to install the dry lines for that system as development occurs. The City needs to require this as an improvement or they will need to stop issuing permits. The resolution, which allows the City to either deny applications or require it as an improvement, was the solution the City Council came up with. Mr. Madsen said they made the application deadline on July 31, but they will verify that date. There are no water shares on this property.

Manager Warnke said a water line would need to be extended out as well as a water lateral through the bases. They will add a meter to each, which will be maintained by the City. The three fire hydrants in the area are adequate, but they may need to move one. A water main will also need to be taken right to the property.

They asked about catch basins and Engineer Breinholt said they will look into it. They do have boxes, but they are not tied together. Director Fulgham said sewer is going to be difficult. Clayton Grover said there is going to be a conflict right there with the sewer and storm drain, so the less they have to cross each other the better.

Chairman Bench told them this was submitted as preliminary and does need to go to the Planning Commission for their approval one time, after they get everything ironed out. Engineer Breinholt said he has done a formal review, but wants to talk about the roads and see what they can come up with. They plan to give Engineer Breinholt a week to make those changes before approving and sending it to the Planning Commission.

c. Site Plan Review – T & M Manufacturing Expansion – Travis Scott & Jim Flint

No one in attendance.

d. Discussion and Consideration of one (1) lot subdivision, Stan Petersen – Ben Johnston

Ben Johnston gave an overview of the changes they had made since the last time they spoke. Manager Warnke asked about the process and how they amended this subdivision. Mr. Johnston said it originally went up in 1987 and in 1999 they did a minor subdivision of a lot within a subdivision. He said these two lots would have to be signed off the dedication plat. Manager Warnke asked if everyone is going to sign and Mr. Johnston felt confident they would.

When asked about secondary water, Chairman Bench said the piping is there, but is a dry system. When asked if they would need to dedicate a fraction of that share, Chairman Bench said no because he signed prior to that new resolution that requires secondary and water shares as an improvement.

e. Discussion and consideration of a two (2) lot subdivision, Vicky Merryweather – Ben Johnston

Chairman Bench recapped what updates needed to be made since their last meeting. When he brought up the additional asphalt down the path to Vicky Merryweather’s lot, Mr. Johnston said they plan to make a change there. Mr. Johnston said rather than having an easement on the one side, they plan to take that road to the backside and move the easement. Then they will do the 12 feet of asphalt and butt it up right to Marc Allred’s asphalt, which is 12 to 15 feet wide. Chairman Bench said it would be cleaner rather than have asphalt, a patch of gravel, and back to asphalt.

Other improvements they talked about include adding a fire hydrant and pumping sewer to the home. Chairman Bench said Ms. Merryweather either needs to pump to the house or will need to run some kind of leeway and put secondary water in. Director Fulgham said it is low enough impact that if it meets City rules, he does not have a problem with allowing a septic tank. He added that it does have to be pumped all the way up so in the future when they do have sewer available in the area, they can pump to it. Manager Warnke said it does not meet City standards, so they would have to compromise the ordinance. It is a density issue that creates a problem. Chairman Bench said their area is about three acres shy of having enough space for a septic tank. Engineer Breinholt said it might be easier to pump to the sewer located at 10th North, which might be less of a headache than the septic tank. Director Fulgham said they would need to have a grinder pump and a two to three inch line. Chairman Bench said it will not be long until sewer is down there and tied in. He said if the sewer comes by there in a year from now, she could be forced to hook into it. However, if she does it now, there are no more fees to the City, it is just switching around and paying to hook in.

Since her application was submitted after August 1, 2017, she will be required to provide the City with a partial water share (3/4 acre).

f. Discussion of Multi-family project at Tremont Center

Jason Robbins and his assistant Greg Nelson, with Millstream Partners—a development investment company in real estate, were in attendance to get a sense of the City’s approval process and obtain feedback before moving forward on their proposed project. They are looking for recommendations and guidance to make sure they feel confident with what they present to their investors.

Engineer Breinholt asked if this is the project that was proposed from the beginning with a multi-family unit to the north of the Tremont Center. Developer Micah Capener said yes, it is the 15 acres to the north (288 units). Originally they envisioned 12, 24-plexes with a public road, however, that does not look like it will work out. Manager Warnke said they have adjusted all throughout the process. Guidelines have been set in place to make this complex the best Tremonton has to offer and they will try to be flexible with zoning to get a higher end product. They need to look at these design guidelines, as well as density for this zone use.

Mr. Robbins said their vision is the same. They are interested in looking at a high end product, something with amenities and things that maybe do not exist right now in Tremonton. Including a clubhouse, pickleball courts, and a pool to name a few. The entry has been adjusted to be a round-about and in order to make it into two phases they need to square up the area. Phase one would include the first eight buildings and all the amenities. Once they felt comfortable, they would move onto the next phase.

They wanted to know more about the City’s site approval process and timeline. Manager Warnke said there is a chapter that talks about all the requirements and City code. Chairman Bench said they will have to do the site plan, landscape plan, and grading plans, which could take several meetings.

Manager Warnke said when considering density, it goes back to common sense per site plan review. There are standards with setbacks, landscape, buffers and parking stalls, along with if the City has the density. Mr. Capener said in the development agreement they talked about a maximum of 288 units in this particular overlay zone. Chairman Bench clarified that the overlay does not specify density, which is done through the site plan approval. The 288 units have been discussed generally, but the exact density is still to come. Developer John Losee asked if the 288 units bothered them. Manager Warnke said they just need to check the density, in fairness to them, so they do not have surprises in the end.

Manager Warnke said they would like to see a nice housing product that they do not have in the market. They want to see the full project layout with all the amenities and open space to get a feel for the area.

Mr. Robbins said they have met with a local contractor, Dave Whitaker, so they can get the ball rolling. However, they are a week or two out before they would have something to present to the City. He will work on site plan specifications, cost, and a feasibility report.

Manager Warnke asked what their take on development is. Mr. Robbins said design really matters. They want it to look good, not just a cookie cutter. There will be a distinct design for each unit, but at the same time they want a balance. Chairman Bench clarified that these are three story buildings with 24 units. Mr. Robbins said yes. They plan to do them in a way to have the amenities and right landscaping to make it feel nice with plenty of space. They want something the City can be proud of. He said Tremonton has nothing like this and this is an opportunity to come in, assuming everything is feasible and the City approves it, it could be really nice for the market and create amenities the City does not have. Right now, this creates a community close to Main Street, which helps with a bigger revitalization effort. Mr. Losee said they need to bring a project like this in to help spur on growth that the City wants to see and get the commercial stuff going.

Mr. Robbins asked if this is the zone where the City can allocate resources. Manager Warnke said this is in the project area that the City is using to capture tax increment from growth.

Mr. Capener said the buildings have been shifted around from their original plan. They just wanted to make sure they were headed in the right direction. They will get to work and bring an updated plan back to the City. They would also like to integrate moderate-income housing. Manager Warnke suggested they take a look at the housing plan.

Manager Warnke said one of the concerns about housing in a dense area is the need for storage and asked if there would be adequate storage in the area. Mr. Capener said this is why they wanted to do a project of this scope, to answer those concerns and be able to have personnel onsite to address issues. These are things that cannot be done in a four-plex. Here they plan to have a full-time maintenance person on site. They are also considering a substantial number of garages that could be integrated into the design. This will be part of a Home Owner’s Association (HOA).

Manager Warnke brought up the issue with secondary water, saying the City will now require developers to add the infrastructure for a secondary water system, along with water shares. The City is starting the first two phases of that plan and will move forward by exacting the water shares and installation of those lines. They have added the lines in this area, but will need to look into cost of purchasing those shares. The amount of shares needed for this area has yet to be determined.

UTOPIA fiber optics in also in the area and will be another amenity to these units. They also talked about the trail corridor plan that will go through Tremonton along the rail corridors with limited access. This is something that is in place and the City is actively working toward. Mr. Losee said they have done an eight-foot sidewalk with half of that being reimbursed by Parks and Recreation.

Engineer Breinholt asked about the storm water basins. Mr. Capener said they ran a 24-inch line that was stubbed and all of it will detain into the pond. Manager Warnke said the backs of those buildings to the south of this unit need to be clean and monitored so they do not become an eye sore to those residents. The garages, as well as some landscaping, could help create a buffer, but they need to think about those on the third level and planting some trees could help divide the areas.

Mr. Capener said they need to consider how to secure the area from those walking through at night. He suggested a turnstile that goes one way or a gate to secure it at the end of the day. Having someone onsite and cameras will also help with this issue. Manager Warnke said there will be a trail there, which is an amenity for those with children who need to get to and from school, and it will be nice to have that connection. They also plan to have some design for a dog area.

They are still in the process of coordinating this, but they have a contract with Crump Reese, which will tie the roads in and line up with the light. They will fill out the site plan application and bring back some finalized plans for this project. They hope to start construction in the spring of 2018.

g. Walk ins:*

There were no walk ins.

4. Comments/Reports:

Engineer Breinholt said water shares should be based on actual site development. They encourage no landscaping, but they might want to have a minimum number of shares. Manager Warnke said on commercial that is about 50%, but a multi family unit is a little different. There are a lot of improvements because it is more residential and they want more green. Director Fulgham said the maximum is 50% landscaped. It says they cannot have more than 50% but they can have as much as zero. He said that could be approved as a xeriscape and a year later they could change that and then start utilizing more water off that connection. The potential is the shares you turn over whether you xeriscape or sod. They need to look at the potential of what could be irrigated not just hard surface. Manager Warnke said they might need to amend this in light of the new ordinance on secondary water.

5. Public comments: Comments limited to five minutes.

No public comments.

6. Adjournment:

Motion by Chairman Bench to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 11:13 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 16th day of August, 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.