TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
MARCH 28, 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
Linsey Nessen, City Recorder

Chairman Bench called the Land Use Authority Board Meeting to order at 9:03 a.m. The meeting was held March 28, 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, and Recorder Linsey Nessen were in attendance. Director Christensen was excused.

1. Approval of agenda:

Motion by Director Fulgham to approve the March 28, 2018 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: March 14, 2018

Motion by Director Fulgham to approve the minutes of March 14, 2018. Motion seconded by Chairman Bench. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

3. New Business:

a. Preliminary Approval for Holmgren Estates East, Phase 7 – Lyle Holmgren

Engineer Breinholt said the Board has not received a final plan. Mr. Holmgren said it is not ready so this will just be preliminary. Mr. Holmgren wondered if he would be able to add three more lots to the phase or if that would cause issues. Chairman Bench said the Planning Commission would have to okay that, but a couple more lots seems reasonable. This will go to Planning Commission for preliminary approval and Mr. Holmgren needs to provide something that shows those additional lots. Engineer Breinholt said he likes ending right at the intersection, for the sake of the street. It’s a good place to do it. The Board said Mr. Holmgren will be on the Planning Commission agenda for April 10 and will then come back to the Land Use on April 11.

Mr. Holmgren brought up the storm drain and suggested adding an extra line and some redundancy. Engineer Breinholt said it was called out on the plans, but the original Master Plan shows all of this area going one direction. We have a lot more going off this way so that line is not big enough for everything that is headed that way anymore. We do need the secondary line. The City needs an outfall line from the Crossroads area. We need to work with Hansen’s or Mr. Holmgren on getting an outfall line that could be integrated with the storm drain. We need to work through that design with the Hansen’s. If it can be incorporated into one, we will do that. This is in the Capital Facilities Plan. Director Fulgham said that would be paid back through development costs and impact fees. The City would pay for upsizing, but the rest would be the developers’ portion. The Board discussed the land elevation and where the fields would drain. Mr. Holmgren said they are higher and everything drains from their fields naturally.

Mr. Holmgren asked which of the Board’s comments he needed to worry about. Engineer Breinholt said not much. Work to get the storm drain correct so it can serve that area to the east. Mr. Holmgren asked if the pressurized irrigation should be on the same side as the sewer. Director Fulgham said that is the goal to have a 10-foot separation from water to any other source. Engineer Breinholt said it is shown on the same side. That could be changed for the undeveloped area. Mr. Holmgren asked about terminating sewer with a manhole, which Engineer Breinholt said has been the requirement for a while. Director Fulgham gave an example of why that is necessary and said to have it at the edge or end of the pavement.

Manager Warnke said one issue to discuss was our easement and storm drain pond and whether it is matching up. Mr. Holmgren said Mike had mentioned that the elevation lines are not matching up and they will fix that. Manager Warnke suggested showing all the easements on the plat. We need to make sure there is no overlapping of the conservation easement on the property that is being sold. Mr. Holmgren said he would check that and make sure the lots do not encroach. He would also show the easement for the storm drain. Engineer Breinholt said that easement goes along side of the trail and then to the north pond outlet. Manager Warnke asked about a shoulder so it would not undermine or disturb the integrity of the trail. Engineer Breinholt said it is out of the construction area that we have for the trail. It is along the side of the toe, but there will be a PUE along the property line that the storm drain will fit in. It is designed to be on the property. The storm drain is shown on lot 79. The Board talked about the sizing and where to place it so they would not damage the road or parking lot. Mr. Holmgren said it might be better on the City’s side and not have to have an easement. Director Fulgham said they might have to have a little bit of an easement when it turns to concrete because the trail gets a little tight by the property line. This makes it more valuable if the manhole is in the right location. Manager Warnke said Mr. Holmgren created this dedication of land based on the existing configuration and we have changed that. Once we purchase more land, it is unsure how that will line up. Mr. Holmgren said he would fix that. Engineer Breinholt said it needs to be shown on the plan. We do not want to be changing ours—it fits what we have. Chairman Bench said those who purchase these lots need to know they will never be able to extend down to the river. M Mr. Holmgren said they know it is off limits. Manager Warnke said we have the responsibility to enforce the easement and we understand the issue of people wanting to push out. Mr. Holmgren said in the CCRs lots along here cannot push out past the property line. Manager Warnke wondered if a fence with signage was needed. Director Fulgham suggested steel poles as markers with some signage since the orange fences catch debris.

Manager Warnke asked about curbing. Mr. Holmgren said he would finish that off. He showed which sidewalks he is doing and which ones the City is doing. Manager Warnke asked about timing. Mr. Holmgren said it would be this construction season and he can start grubbing now. Manager Warnke asked if it makes sense to stub a line into the City’s property for secondary water now. Director Fulgham said he would look into it. The Board discussed that process and where it would be stubbed for each property owner by the developer. The need to install fiber conduit was then brought up. Mr. Holmgren said on 180 North they are clamoring for fiber. Director Fulgham asked if Rupp’s did not put the conduit in as he could see the others had been terminated. There is phone and cable, but no orange tubes. Chairman Bench said we showed that on the construction drawings, which need to be read by all parties involved. Director Fulgham said he assumed it is in there, but it is buried and we do not know where. Mr. Holmgren said it is on the south side. Director Fulgham said the conduits should be on both sides of the road, along with the rest of the communication conduits. Manager Warnke said we need to make sure fiber is put in here—that is a required public improvement.

Manager Warnke said the City is working on the collector road, which ties into Garland. Mr. Holmgren asked why a collector road was needed. Chairman Bench said there are a lot of people in the area. Manager Warnke asked Engineer Breinholt to show that road all the way through as it would be good if we could show the alignment all the way through the annexation portion of the property. Engineer Breinholt said he would prefer to take from the County where the property lines are beyond this intersection, but we can do that. Manager Warnke said he would talk to a few of the individuals who would be affected by that road. We would incorporate that into this subdivision and split the difference. The best configuration is a 66-foot right of way. Mr. Holmgren would surrender 33 feet and the other developer would also surrender 33 feet.

Engineer Breinholt made a motion to approve with the knowledge that Mr. Holmgren is adding three lots to the end and that we have other engineering issues as far as storm drain and outfall to coordinate.

Motion by Engineer Breinholt to approve the preliminary for Holmgren Estates East, Phase 7 and send to the Planning Commission with that knowledge. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, and Manager Warnke – aye. Motion approved.

Mr. Holmgren then asked about secondary water. Manager Warnke said we would discuss bonding with the City Council, while Engineer Breinholt and Director Fulgham are working on a schedule of what can be constructed in three years (service areas 1 through 5).

b. Site Plan Review at 60 South 800 West – Marc Allred and Ben Johnston

Mr. Johnston said we shrank the size of the building so we would have the correct amount of parking. Six more parking stalls were added for a total of 25 out here. We did not have enough parking so a few more were squeezed in. Mr. Allred said the requirement was 16 just in here. We have enough on site without using the other ones out there. Manager Warnke said that seems tight and asked about buffering. Chairman Bench said it should be 7.5 feet. Mr. Johnston said they would lose two parking spots and slide those over so they would have 7.5 feet right next to the residential fence.

Manager Warnke asked about a dumpster. Mr. Allred wondered if they could get by with the black trashcans rather than having a dumpster pad as they will lose two parking stalls and other people around the area are using the dumpster. The Board then talked about positioning of some of the parking stalls and how to configure them. With the building measuring 300 feet, 16 parking spots are needed and there are currently 20, which will be okay regardless of how it is finalized. Mr. Allred said they are not using the alley for anything and could add two stalls there and shift the building over. Manager Warnke said garbage cans might be less intrusive for those residential lots since it makes a lot of noise when they pick up the dumpster and asked if the City allows black cans on a commercial site. Director Fulgham said we do for anything four units or smaller, but would have to talk to Treasurer Oyler. City Code requires garbage cans to be taken off the street within 24 hours. Manager Warnke asked where the cans would be placed because the frontage is all parking. Director Fulgham said the cans could be picked up early.

The Board talked about other improvements, including building the road with an approach, as well as curb and gutter. Manager Warnke asked about proposed signage and its location. Mr. Allred said he plans to use the front sign as long as they maintain ownership. Manager Warnke said that is technically an offsite sign, unless there is a connection between the properties. Chairman Bench said because the parking is greater than 12, but less than 20 parking stalls, parking islands are required to be concrete curb islands with landscaping at the end of the parking stalls. That is an 18×10-foot island and if there are more than 20 stalls, another type of island is required. Director Fulgham said rock and some low shrubs is acceptable. Mr. Allred said the building, which is three stories tall, should arrive on April 3 and is already built. Administrator Bench said they would need to come up with a landscaping plan.

Manager Warnke confirmed the existing shed would be removed, which it will. He said we need clear vision (15-feet) on the alleyway entrance on the north side similar to that on the south side. Mr. Johnston said he would add the arrows to the plan showing the entrance and exit. Chairman Bench said painted arrows disappear. The arrows can be painted initially, but a one-way sign will need to be added. Engineer Breinholt said he hates the vision for angle parking on a street like that, but it is already there. Mr. Johnston said it is a low speed area near corners. The Board talked about curbing and Mr. Allred showed an area where it is just an elevated step made of gravel. He said if we pour a thick face sidewalk we could tie it onto the four-foot sidewalk. Mechanical equipment will go in the back of his building. Mr. Allred asked about water and Director Fulgham said we talked about you doing something in the park strip to tie it to Cloverfield Subdivision. Mr. Allred said there would be one meter for water hook up with a service lateral. Manager Warnke asked about dedicating water shares for their landscaping plan, which they questioned. Director Fulgham told them this is a part of the development cost. Manager Warnke said we look at the landscaped area on the site plan and the water share dedication is based on the landscaped/irrigable areas. Mr. Johnston asked about xeriscaping, but director Fulgham said the next owner may change that so we take into account anything that can be irrigated. Mr. Johnston asked about the ratio. Engineer Breinholt said it is one share per irrigated acre and they likely have a quarter of an acre.

Director Fulgham is going to look at replacing a sewer line before Mr. Allred paves and will coordinate that. Manager Warnke asked about the 24-foot turn radius and if it was big enough to get in and out of there. The Board agreed it was. The Board talked about curb and sidewalk and when it would be poured. Mr. Allred said the curb is done, but not the sidewalk, which will match the other (4.5 feet wide).

The Board asked about fencing and decided the area is zoned as a permitted use, which requires a buffer of groundcover or trees. Besides the sidewalk, Manager Warnke asked what would be behind the building. Mr. Allred said it depends on if he is required to do a fence, but said he would like to do the sidewalk. He could pour concrete for storage. Mr. Johnston said the sidewalk would help buffer that area and allow them access all the way around the building. Director Fulgham said whatever is not hard surface will have irrigation requirements. The Board talked about the minimum setback, which is 25-feet. Mr. Allred said if the parking lot is going to shift, he would prefer the building shift with it. It makes sense to have the alley and more hard surface so it can be used for parking. Chairman Bench said the setback is based on a site plan review in a commercial area. That five-feet is better on the north end and Mr. Allred would still have 20 feet on the south side for landscape. Manager Warnke said it would be nice to have some landscaping.

Mr. Allred said this is the concept plan, but asked if a final can be given in order to get a building permit in case the building shows up on April 3. Mr. Johnston said he needs to know if he is okay on that 20 feet and he will add the 7.5 feet there also. We need to know where to put the footings. The Board further discussed the alley and paving and coordinating the sewer repair before that is completed. The building and elevation was also discussed. Chairman Bench said to get the plan tuned up and get a landscape plan and if the building shows up, to give him a call.

Mr. Allred then asked some questions about water and sewer hookups for another property he owns, which will go to the Council for approval. Manager Warnke said we can look at the agreement when Mr. Allred is ready.

c. Walk ins:*

Mr. Johnston asked about one of his other developments. He said this has all been recorded, nothing has changed, but there is no irrigation in here and asked what needs to be done to modify the construction drawings. Chairman Bench said it has to meet the current standard, which is stated in the agreement that was signed by the owners. Mr. Johnston said they did not have secondary water the first time and this was already approved. Chairman Bench said the City has an agreement signed by the landowners in the last few years to have the subdivision vacated and in that agreement it says we will keep the subdivision, but when the time comes, if there are any changes to the code, that the owners bring it up to the current code. Director Fulgham said they have a year after approval to complete it. Engineer Breinholt said to show the secondary lines on the side with the sewer along the base of the curb. Mr. Johnston asked where secondary water would need to go. Engineer Breinholt said as far as he can and then dead-end it to where the road starts. Mr. Johnston said the owners want to build that phase now, but it is already platted and recorded and asked if he has to modify the construction drawings to show secondary and then phase it. He is not going to re-record another plat on it. Director Fulgham said he will have to do something to phase it for escrow money. Engineer Breinholt said to keep it like it is, but show and change the layers. Director Fulgham told him to check the spacing for the fire hydrants. Chairman Bench said another thing that was not on the plan at the time was street lighting and chip seal, which are upfront costs, as well as communication conduits. Engineer Breinholt asked if he has got beyond the preliminary plan and Mr. Johnston said everything is done. The Board talked about storm water and reconfiguring the existing pond. The dedicated water shares will be based on lot size, which works out to be about half a share per acre. Director Fulgham told Mr. Johnston that the City will have a filter on the system, but homeowners are recommended to have a filter system as well.

Developer John Losee was also in attendance to talk about Tremont Center. The Board have not approved anything on the new phases. Mr. Losee said they are on Phase 4 now and Phase 3 has been recorded. Manager Warnke said he thought there was still an issue with a previous phase for an easement with the footprint. Mr. Losee said that was on Phase 3 for the footprint of the buildings. We would have to move it, but we cannot because of the way it is done. Mr. Losee said the City came back afterward and said we want you to move this. Manager Warnke said there are two ways to go about the easements. We could have done a blanket utility, but you selected to do the fine areas easement. Once they are defined, they are harder to negotiate. Not sure if this is something we still needed to resolve. Mr. Losee thought their only issue was car stacking in the drive through, but Engineer Breinholt said we worked through that. Mr. Losee said they built the pad for two buildings, but Chairman Bench was not sure if they did the final approval on the site plan. Manager Warnke said we are not trying to hang it up, but we want to make sure we do not create a problem later on. Mr. Losee then explained what lots Phase 4 consists of. Engineer Breinholt said he saw a plat for the lot on the west end and asked if that is still going to be Crumps. Mr. Losee said that is the current plan, but we do not have a site plan for it yet.

Manager Warnke asked about the turn, which will eventually be a stoplight. He said it would be great to have a dual separate right turn lane. It is a left straight through combination, which is hard for people on the opposite side to know which way they are going. Chairman Bench said it is not good planning because there will be a lot of volume through there. Make it flare a bit so you have your right turn, straight through and left turn. Engineer Breinholt said that is a tight fit for maneuvers in a commercial area and this will line up better with what we are building on the other side of the street. Engineer Breinholt asked what UDOT is requiring from them on the curb radius. Mr. Losee did not know. Engineer Breinholt said they would consider this the concept and put it on the agenda for a preliminary. Mr. Losee said they could have four more parcels or buildings, but are not sure what will be there yet. He said they are close to a site plan. The Board suggested Mr. Losee come back in two weeks so we can resume the preliminary and site plan review. The Board requested to have the drawings to them in a week for their review. Manager Warnke asked Mr. Losee to show the existing easements including the internal ones so they can see how everything lines up.

4. Comments/Reports:

The Board continued to talk about the Tremont Center and other areas that are under development including Tremonton Pines. Chairman Bench said there is a lot that has had four different owners. The current owner wants to build, but there is a discrepancy. It only shows 122 feet, but this shows 130. After looking into it he said they are 57 feet short and it got recorded with that. It is obvious that it is greater than 122. Director Fulgham said that does not affect the building ability. The lot is the size it is and they will get the home to fit. Engineer Breinholt said everything looks right besides that one label. It is just a labeling error that needs to be corrected.

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 11:17 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 11th day of April, 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.