TREMONTON CITY CORPORATION
PLANNING COMMISSION
FEBRUARY 12, 2019

Members Present:
Micah Capener, Chairman
Val Bennett, Commission Member
Arnold Eberhard, Commission Member
Troy Forrest, Commission Member—excused
Ben Greener, Commission Member
Brad Janssen, Commission Member
Tom Stokes, Commission Member
Bret Rohde, City Councilmember
Steve Bench, Zoning Administrator
Cynthia Nelson, Deputy Recorder

Chairman Capener called the Planning Commission Meeting to order at 5:30 p.m. The meeting was held February 12, 2019 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Capener, Commission Members Bennett, Eberhard, Greener, Janssen, Stokes, City Councilmember Rohde, Zoning Administrator Bench, and Deputy Recorder Nelson were in attendance. Commission Member Forrest was excused.

1. Approval of agenda:

Motion by Commission Member Greener to approve the February 12, 2019 agenda. Motion seconded by Commission Member Stokes. Vote: Chairman Capener – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

2. Approval of minutes: January 8, 2019

Motion by Commission Member Bennett to approve the January 8, 2019 minutes. Motion seconded by Commission Member Eberhard. Vote: Chairman Capener – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

3. Public Hearing:

a. To receive public input on the 2018 Tremonton Economic and Market Analysis Plan

Chairman Capener called a Public Hearing to order at 5:31 p.m. There were four people in attendance.

Commission Member Stokes said I compared the document we got the other day versus the one from November and there were no changes. We make comments to it and it does not appear that it goes anywhere.

There were no public comments. Chairman Capener closed the Public Hearing at 5:34 p.m.

b. To receive public input on amending Title II Tremonton City Subdivision Ordinance, Section 2.06.025 adding when a Septic System may be installed

Chairman Capener called a Public Hearing to order at 5:34 p.m. There were five people in attendance.

Administrator Bench said currently the City ordinance requires connection to the sewer if your property is within 300 feet. Chairman Capener said it states you are required to hook to the sewer if you have less than four acres. Administrator Bench said the sanitary sewer system shall be extended to each lot and subdivision and conform to Title III. Chapter 7 in the subdivision code was done about a year ago. That was a lot split for those out in a remote area that may be farther from the sewer, but that would require the lot to be four acres and no more than so many per original parcel. People want to build a couple or half a dozen homes that may not be annexed within the City, but would want to be and are thousands of feet from the sewer line. It does not equate economically to put in thousands of feet of sewer line for that amount of lots. Unless you meet the criteria, it is unlawful to bring someone to construct the sewage holding tank and septic tanks. The Planning Commission, with a preliminary subdivision plat approval for new subdivision, may accept this or building official for existing lots or parcels if it meets one of the following criteria: 1) the lot is a recorded single lot or parcel, half an acre greater, or subdivision that is designated for septic tanks. If you are 300 feet or less and are not located within a source protected overlay zone, you have to run that. 2) the proposed lot is not in an approved subdivision, but is already carved out five-acre parcel or larger in size, more than 500 feet from the sewer line and not located within water source protected overlay. 3) the proposed lots are larger than 1.5 acre in size in a proposed subdivision that is located at least a quarter mile from an existing sewer line and not located within water source protected overlay.

Commission Member Eberhard said what happens when other subdivisions come in around that and the main line is closer, is there anything that says they have to convert to the sewer? Administrator Bench said once they are within 300 feet they could be required to connect to the sewer.

Resident Debbie Waldron said we do not know where it is going and how it will affect us on the other side of the highway. Administrator Bench said if you are in the County this is not going to affect you unless you annex into Tremonton. The County has no choice but to allow septic systems because they do not have a sewer treatment facility. If the sewer runs past you and you are still not in the City, but are having septic problems you could connect to it to relieve that issue or if you annex into the City and wish to or be made to connect.

Resident Craig Waldron said if our property was annexed in, would the City bring the sewer line down from where it ends now. Administrator Bench said the City would not necessarily do it, the connection runs with development as things head that way. This came into question because across the street from you is potential annexation and a two to three acre lot subdivision that is over 4,000 feet from the sewer. Not all property owners between point A and B want to throw money into extending sewer to that location. It would cost over a million dollars to run the sewer and developers would be in the hole before they start developing. We thought we would try to make it easier to do septic tanks, but it still has to go before the Council to be approved.

Resident Brad Merryweather asked if they would be told to connect if it came within 300 feet. Administrator Bench said we would look at those individually. We will look at it and make a determination if it is better to go on the sewer and a pump will work. If not then we will leave you where you are.

Resident Drew Lish said if you live in the County, is there a set amount of property you have to have for a septic system. Administrator Bench said a half acre if you have a public water source. Mr. Lish said how come it is so much property in the City, why is it four acres? Chairman Capener said they want to force the sewer and that is why this has come up for discussion. Mr. Lish said the property we are building on did not meet the criteria for acreage and we are within the 300 feet from the property line to the street. We are talking about going through other people’s lines to get the 300 feet. Who would want someone else’s sewer going though their yard? I would not let someone do that. Administrator Bench said this should take care of you.

Mr. Lish said my wife and I considering building in this area. I am here to see what our options are. Expense wise this makes a huge difference in our decision to build. I do not have anything against a septic tank that is put together right. Having city water is a big part of building in that area.

Administrator Bench said it makes no difference to me it is the Bear River Health Department’s rules on septic tanks. Chairman Capener said the Bear River Health Department does all the feasibility studies and testing to make sure it is far enough from everything, that is why I do not know if we need the overlay protection zone in there. The health department would not approve a septic system in that area anyway, would they. Administrator Bench said probably not, but we would leave that in there.

Chairman Capener closed the Public Hearing at 5:50 p.m.

4. New Business:

 

a. Preliminary review and consideration of Pheasant Run Subdivision, Phase 3 – Ben Johnston

Administrator Bench said this is on 1000 West by the West Stake Center. Chairman Capener said they required them to put the paved turn-around in. Administrator Bench said yes, just like we require everybody. They do it this way so they can keep the asphalt, trim the edges, and keep going through with it instead of doing a circle. It works better. They have already done this one time and it worked great for them. When we started calculating water shares, it was .66 for four lots. Adding two more lots would be a full water share so he is going to add them. Commission Member Stokes said if this is not the real drawing what are we approving. Chairman Capener said it is just a preliminary review. They will come back with the final. The Commission decided to table it and to wait until they have the other lots added.

Motion by Commission Member Bennett to table it until they see a final. Motion seconded by Commission Member Greener. Vote: Chairman Capener – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

b. Discussion and consideration of adopting the 2018 Tremonton Economic and Market Analysis Plan

Councilmember Rohde said there were some really valid things brought up last time. The Commission was going to review other ideas—do you have anything else to add? Commission Member Stokes said we went through the motions of reading it, looking at it and making comments, but I feel like nothing was sent to the organization to address them. The documents are the same or I did not get a comment back. It was 169 pages—did I waste my time reading that? Chairman Capener said I wonder what is the goal, why are we approving it. Commission Member Stokes said if we spent money on this, I wonder what the return on that was as a citizen. Councilmember Rohde said we have the comments in the minutes. When it goes forward to the City Council, those comments ought to go with that so they can see how the Planning Commission felt. I feel strongly about that. Deputy Recorder Nelson said they have been forwarded to Manager Warnke. Commission Member Stokes said I do not really care now. I wonder what our position is on the Planning Commission when I see the City Council ignore certain things. Am I wasting my time here? Councilmember Rohde said they were great comments. You have generated a lot of discussion in our City Council meetings. With the tattoo parlor, good things happened and were initiated here. There are positives that come out of it. Let us make sure those are included and forwarded to the City Council.

Chairman Capener said we ought to figure out what the real goals are with this data. It shows the plans from previous years, but I am not sure the plans are as effective as putting deals together. Councilmember Rohde said do we need to do more with that plan. Is it headed in the direction it ought to go? Chairman Capener said there is some really good stuff in here as far as background data, opportunity zone and enterprise zone tax credits, but I do not know what the plan is. What is the vision? Councilmember Rohde said let us have Manager Warnke come and explain it to us. He could provide a summary and answer many of those questions. Chairman Capener said I like the plan and data I just do not know where we are going with it. What I would like it to say here is what we are going to do with the data to put rubber to pavement. Here is the money we are going to fund, how to offer whatever we are going to do with façade grants or other economic stimulation, this is how we bring in an XYZ company, and this is how we are going to help the homeowner do what we need to have done. We need to take the data and put it in a goal, something measurable.

Motion by Commission Member Eberhard to invite Manager Warnke to the next Planning Commission meeting to give them the vision. Motion seconded by Commission Member Bennett. Vote: Chairman Capener – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

c. Discussion and consideration of amending Title II Tremonton City Subdivision Ordinance, Section 2.06.025 adding when a Septic System may be installed

Chairman Capener said what is your feeling on the proposed language. Commission Member Bennett said what are the hazards of having a septic tank. Why do we want people to connect to the sewer, beside the fact if a septic system fails it might contaminate a neighbor’s drinking water? Chairman Capener said the health department would not approve something that could contaminate a well that is why they have limits. They will not approve it if it is in an area that will not perc or drain, or is in a protected zone—all of that is already handled by them. Councilmember Rohde said we have had many people coming to us, who want to put in subdivisions, but are a long ways away from the sewer. It is just too expensive to run the pipe that far and hook into the sewer system. It would be nice if we could continue to grow without requiring that much.

Commission Member Bennett said what does it cost to run 300 feet of sewer pipe. Chairman Capener said Blaine Rupp told me between $35 to $40 a foot for a water line so sewer might be more. However, there are many variables. I think 300 feet is reasonable. I do not like all the complication. The last language is a paragraph long and no one can explain or understand it. If it is one to ten lots, it ought to be 300 feet. If it is a huge subdivision with 40 lots that is when it ought to be on a case-by-case basis. Commission Member Stokes said but how do we know how many they will end up with. They start with four lots then go up to eight and keep adding on. I am looking for language in something that is concrete. We should not stifle growth, but I do not want to have something happen just because we have a rule. Councilmember Rohde said if you put a subdivision in with 40 homes, I guarantee the City is going to run a sewer line to the subdivision because it is going to be there for us too.

Chairman Capener said we have the requirement of 300 feet and I think that is doable, but if you are two miles away and cannot hook in the near future then we should not say you could not build. Marble Hill in the County has 150 lots with septic systems and no one has died. If there is a big subdivision, we should try to get it hooked to the sewer. It needs to be simple so people understand. Commission Member Stokes said if they keep adding on and hit that magical number, then do we grandfather them in or require them to hook to the sewer. That is less black and white then what we have now. People will complain if they have to redo their system. I have no issues with the way it is written. Administrator Bench said the language is simple and non-convoluted.

Chairman Capener said what if they are within 1,000 feet of the sewer, but it will not flow up hill, then what? They are required to hookup, but cannot. Administrator Bench said they would have to put a pump station in. Chairman Capener said is it going to force everyone to develop in the County and 20 years from now we will annex into the City anyway. It is the same thing, expect the City had no control and we forced them to put in wells that complicate the septic system anyway. Commission Member Eberhard said is it possible to come up with a master plan on where these lines will go. Administrator Bench said there is a sewer master plan. Chairman Capener said if the flow is not right it will require a bunch of developments or some special improvement district. Any subdivision would require you to hook up if you are within a quarter mile. If you take a lot and divide it in half then it is a subdivision. Administrator Bench said you are stuck on number three you forget about one and two. Chairman Capener said they are fine, but confusing the way it is written. Flow is an issue and how is the 300 feet measured? That needs to be addressed. Councilmember Rohde said you need to come up with ideas on how to fix that language and recommend it to the City. Chairman Capener said I do not think we are that far off. I wonder if we are over thinking it. Why do we have to make it so complicated?

Councilmember Rohde said I want to make it so people can build in Tremonton and not make is so expensive for people to hook into a sewer system. Chairman Capener said I feel good about the language within 300 feet at anytime having to hook up. Administrator Bench said that is a state statue. We need to come up with a solution. If you have the language in your head then write it down and we will present it. Chairman Capener said the way number three reads is against the state statute. Pretty much any lot we are going to approve will be in a subdivision. Commission Member Bennett said do we need to put a limit of houses in that statement. Chairman Capener said it needs to have some flow-able gravity language. Administrator Bench said I will get the City and Town rules and you get the health department rules so we can verify and make sure. Councilmember Rohde said you can table it and come up with some language you are interested in adding. This will give you time to research it.

Motion by Commission Member Bennett to table the item. Motion seconded by Commission Member Janssen. Vote: Chairman Capener – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

5. Adjournment

Motion by Commission Member Eberhard to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 6:26 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 26th day of February, 2019.

______________________________
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.