Land Use Authority Board Minutes 11-29-172017-12-06T14:33:17+00:00

NOVEMBER 29, 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 November 29, 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 Christensen was excused.

1. Approval of agenda:

Motion by Director Fulgham to approve the November 29, 2017 agenda. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

2. Approval of minutes: October 25 & November 1, 2017

There were a few things to clarify in the November 1, 2017 minutes. The minutes mentioned adding an R on the plat, which was likely heard incorrectly and needs to be taken out. The Board also clarified that they talked about the primary street in that subdivision (2650 West), not Main Street.

Motion by Engineer Breinholt to approve the minutes of October 25 and November 1, 2017 with those changes. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

3. New Business:

a. Discussion and approval of the 2018 Annual Meeting Schedule

Motion by Director Fulgham to approve the Annual Meeting Schedule, but to take off December 26, 2018 and January 2, 2019. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, and Manager Warnke – aye. Motion approved.

b. Discussion of subdividing land at approximately 850 West 900 South – Greg Jensen and Steve Jensen

Greg Jensen is interested in subdividing property (four acres). The City has had problems snow plowing the half road in the area (900 South). Director Fulgham said it is a half width that might be 10 feet, but it is undeveloped. He said it should have never happened, but that was before his time with the City. Manager Warnke asked Greg Jensen what his plans are. He said right now he intends to build one house at the south end of the access (by the trees). There is a 50-foot section to access the property. Manager Warnke asked about long-term plans. Mr. Jensen said he plans to live there and farming it. At some point there might be a road that comes through the middle of it. Administrator Bench showed them where the future access is, which is not a dedicated right of way yet. He said the homes there were done as a minor subdivision. Greg Jensen’s grandparents had developed that and have a 66-foot wide right of way—which they cannot do anything with.

Manager Warnke asked if the street along 900 West is a dead end, which it is. This is all one parcel of property and there is a gate on the west side, but there is no connection, which makes it difficult to add a driveway. The existing road goes straight through and ties in at least three, one-acre lots. Manager Warnke suggested making a cul-de-sac on the end. Engineer Breinholt said they could, but it would all be on his property. Greg Jensen explained that he only has 50 feet where the trees are and that is where the property would start. It would be hard to put a cul-de-sac in there unless it goes into the field. Engineer Breinholt said it would make sense to do a cul-de-sac because they need some sort of turn around. Any more development on that needs something. If it is developed, where the road tees into the south and leaves your property, there will need to be two roads going up both sides. They clarified that Greg Jensen is planning on a one-acre lot for his home and that the rest of it will stay farm ground at this time. Greg Jensen added that he would like to build to the south so he has access to the ditch for irrigation. Engineer Breinholt said the cul-de-sac makes some sense because that is where they want the house to face. They will have to curb and gutter any frontage. Greg Jensen said a circle is a lot more to do than two lines. Engineer Breinholt said they need to have space for an emergency turnaround and a standard cul-de-sac does allow for that. It is not where it should be right now and will need to meet the code.

The Board asked about the property, which is part of a trust. Greg Jensen said he owns an eighth of the property. The Board asked if he could be given enough to allow for the turnaround. Greg Jensen said he was not sure because he wanted to see if this was feasible first. Director Fulgham said they do have a fire hydrant across the street so they would not have to install one. Engineer Breinholt suggested getting a concept of how they intend to lay the area out if more development were to occur. After looking over some paperwork, Engineer Breinholt asked how much driveway is there. They said about 30 feet, but the asphalt portion is only about 12 feet. When talking about the frontage, he said you would have to improve to the full street width, including the turnaround. Director Fulgham said that would be about 50 feet of asphalt. When the Jensens asked about the size of the cul-de-sac Engineer Breinholt said it is a 55-foot radius or 110-foot diameter. Greg Jensen said it is only 180 feet wide so do we put most of that on mine and I have a whole bunch of useless space at the end? Administrator Bench wondered if they could give it back and make it a private drive. Director Fulgham said the problem is you have to give them cross access and deal with water and sewer. It is not just vacating it—if it was that easy it could have pushed through a long time ago, but you have multiple homes, along with water, sewer and utilities. Engineer Breinholt asked if the road might go off that direction and have a tee intersection with a 90 degree corner and if that is how that property would lay out best? The intention is to keep farming it, but development could someday occur and we have to think about it. You cannot do anything with the one that stubs off to the dead end. Director Fulgham said they would most likely have two roads that go up through there, capitalizing on selling lots and having frontages if that developed in the future. Engineer Breinholt suggested that the best route, if they chose to go 180 feet, would be to have two streets going through there. The tee intersection would not be a permanent turn around anymore, but the 180 feet would come all the way across. Part of the 180 feet would be the access. When it is developed there needs to be a road here and you could reserve part of that lot you are going to build on for part of the road.

Talking about 900 South, Manager Warnke wondered what improvements are there. Director Fulgham said it is asphalt that ends on the north end. There is no curb and gutter at the west end. You can see concrete at the driveway and that is where the pavement ends and teeters out—there is no curbing. Manager Warnke asked which way it tilts. Director Fulgham said it should go back to the gutter. He said this area was put in and approved around the year 2000.

Engineer Breinholt asked what improvements would be needed to divide the lots. Administrator Bench said they would have to have a surveyor look at it and determine where the best place for the road is. That road would need to be finished at the full width. They need to do a portion of that now, finishing it to his driveway going north so it is a turnaround. Engineer Breinholt said this would be temporary and in the future needs to be developed. That is not a stop sign intersection, so there is no maneuvering, it is just a one way. Greg Jensen said he heard it was a private road that was given to the City. Director Fulgham said it is dedicated to the City and has utilities in it. If he continues the road he has to continue to the point where it connects. If they go into R110 lots or bigger then he will have to look at a cul-de-sac. There are a couple different ways of doing it, but either way you are looking at finishing a portion of the road to get to your house. Engineer Breinholt said what you do now will determine what happens down the line in 10 to 30 years.

Greg Jensen then asked about utilities on the other side of Iowa String. Director Fulgham said they are there, but all the meters are on Iowa String, not back into the lots. There are only four-inch sewer laterals going across and it depends on the agreements that were made, but they might have shared a common lateral, at 460 South 1000 West. Greg Jensen said this sounds like it might not be feasible. The City did us no favors by putting that road in. Manager Warnke said there is value having that road there for this property—it does create a pathway and the utilities are there. Engineer Breinholt said the problem is they kind of determined what has to happen there. Had they not built that then you could do whatever you want as far as where roads go, but now that is decided for you. Administrator Bench said they would need to develop the half street along with curb and gutter. He suggested selling a lot to help pay for the improvements. For a 200-foot road it would cost about $20,000 to $25,000.

Steve Jensen asked if the City would help them with any of those improvements and felt it was the City’s fault this happened. It got the developer on the side an extra lot and cost us a lot. Therefore the City ought to pay a tiny bit when the times comes. I know curb and gutter would have been part of it. Manager Warnke said I do not know what the regulations were at the time, but it was not good planning. Administrator Bench said it depends how the street configures for future development and the rest of the property. They further discussed where the lots would be placed and fronting the houses toward the streets. With one street the lots would have to be big. Administrator Bench said to utilize that area in the future they left a 66-foot right of way at 800 South 1000 West in the middle that goes through and he would still have the four acres. Engineer Breinholt said my suggestion is that you do some preliminary planning. What he does now sets what will happen in the future. You have to figure out how you are going to use the rest of that land. Do that and bring it back for us to look at.

Steve Jensen said that is not feasible cost wise. You have to get all the houses you can out of all the street. Engineer Breinholt suggested using an area as a private drive and putting a house there for them to pave to save on cost. They talked more about utilities, which could come from 1000 West at 800 South or off 900 West—depending on development. They would have to run an eight-inch line if it developed in the future for sewer. They would also need a four-inch lateral and three-quarter inch water tap. Sewer would be better coming from the south because it would only be a four-inch to the one lot instead of an eight-inch main. Administrator Bench said draw something up and come back. The worse thing if you put a home in there is that you are looking at finishing that half street.

Steve Jensen said are you going to require the half street to be put in at this point or in the future. Director Fulgham said based on their discussion it was at this point. Steve Jensen said it does not payout for the ones who own this estate, to spend this money now. We do not have money and I am sure when this develops we will sell it as is. We prefer to have someone else spend the money. The Board reminded him that it would cost about $20,000 to construct the road to City standards and that a temporary turnaround would be needed. Steve Jensen said the City caused them to lose the land and are requiring them to cover the cost of the other half of the street. Help me understand why we are responsible. Director Fulgham said it is to cover the cost of development. Manager Warnke said you got a good deal because you have half of a road with utilities, which is a significant investment. Steve Jensen said the City made this commitment for two strips of land to be developed by separate owners. Director Fulgham said back when this was developed the City did not have a Land Use Authority Board, otherwise this would have never happened. The Planning Commission that you sat on and the City Council did all the approvals. Engineer Breinholt said the bottom line is, this is here and this is what we are left to deal with. Steve Jensen said but when he makes a mistake he has to fix it, why does the City not have to. Engineer Breinholt said it was not a mistake it was a choice that did not benefit you. We deal with this stuff all the time. There are always decisions that were made in the past that may not work out best now, but we just have to deal with them and move forward. We cannot move the road because it is there. Administrator Bench said if you decide to proceed then get a surveyor who could divide the property. Draw it up, come back in and we will take a look.

There was some discussion on sewer. Director Fulgham said they ran a four-inch lateral, which gets small. The problem is, if you do not have an easement to share the cost of that then when it plugs up or has problems, who is responsible for it? That is why we try to make everyone have their own lateral. He said those are all private laterals unless it ties into a manhole. You are taking on some responsibly if you hook five homes onto a four-inch sewer line. Administrator Bench said they could talk to the homeowners there to see what they have.

Steve Jensen asked what the minimum frontage requirement is on an R110, which they said is 80 feet. The lots still have to meet the 10,000 square feet with the 60-foot road. They need to have enough exits out of this subdivision and showed several exits, stating they may not need another.

Steve Jensen asked about water shares. The Board said they would look at the lot size to see what shares are needed. Director Fulgham said they have to go with what the canal company requires, which is one share per irrigable acre until the City can prove to them that it would be less. At that point they hope a reduction could take place. They only require shares for land that is developed so he would turn over those shares when development takes place. Manager Warnke said the City Council adopted an ordinance based upon lot size. Anything over half an acre is analyzed by the city engineer and public works director. It is roughly 50% per irrigated acre.

c. Walk ins:*

There were no walk ins.

4. Comments/Reports:

Director Fulgham told Administrator Bench they would like him to work on a couple things. They need to have a preconstruction meeting with those involved in the Sorensen Subdivision. They have started grubbing.

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 10:51 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 6th day of December, 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.