TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
APRIL 11, 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
Cynthia Nelson, Deputy Recorder

Chairman Bench called the Land Use Authority Board Meeting to order at 9:04 a.m. The meeting was held April 11, 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 Deputy Recorder Cynthia Nelson were in attendance. Director Christensen was excused.

1. Approval of agenda:

Motion by Director Fulgham to approve the April 11, 2018 agenda. Motion seconded by Manager Warnke. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

2. Approval of minutes: March 28, 2018

Motion by Director Fulgham to approve the minutes of March 28, 2018. Motion seconded by Administrator Bench. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

The following items were discussed out of order

3. New Business:

a. Preliminary Approval for Tremont Center, Phase 4 – Micah Capener

Micah Capener was not in attendance, but the Board held a discussion. Engineer Breinholt asked why they are doing this separate from the site plan. Do we want this pushed forward or are we waiting for a site plan? Manager Warnke said I think it is so they can submit a site plan. They are going to get the subdivision platted, sold and do the improvements in the fall. In the mean time Crumps wanted to get going on their site. Engineer Breinholt said they could do that, but they need to know how everything fits together—seeing the whole site and how they are going to drain the storm water and everything with the utilities. I am assuming they know where everything needs to go.

Engineer Breinholt said I have some heartburn with this intersection. Administrator Bench asked, was that street not supposed to be the grand boulevard? Director Fulgham said yes, it was suppose to be a public street that tied back into that other one. It is a snow removal nightmare though. Administrator Bench brought up the 24-feet for that road and Engineer Breinholt said it is not big enough and I have made note of that. The initial plans designated this area with on street parking. Is this easement wide enough? There have been no site plans submitted yet for improvements. At the intersection this was meant to be a major entrance with a light. He has it shoe horned in here and it is just way too narrow. I cannot image UDOT will even approve this. He has a little 13-foot receiving lane with a 25-foot curb radius. This intersection was planned to be a major inlet/outlet from the site with a traffic signal. Manager Warnke said I have similar concerns and maybe a little bit more. Administrator Bench said this is not anywhere near final it is just preliminary. Manager Warnke said I had questions about utilities and how they all interconnect. I saw a utility plan and it seems a little sporadic with no easements. I am concerned with the size of lot 10. I am sure they had a site plan to lay it out, but it seems small. He also wondered about parking and setbacks. Engineer Breinholt said I hate doing this piece mill business to start with, but definitely when we have a whole site we are developing and we do not have the site plan to go with the subdivision. How does it fit together?

Manager Warnke said I wanted to talk about the transition from the sidewalk into Aspen Pines. It essentially dead-ends and I feel like we need to have some transition. It just shows it stopped at the property line. I thought about a barrier on the East side so we do not drive people into a canal. There needs to be some signage. Engineer Breinholt said if there is a drop-off, there needs to be something. I am not sure where the bank is in relation to the end of that sidewalk. Manager Warnke said in the last phase they did not finish the sidewalk on the other side—it ends even though it extends. I am guessing they will do it in a future phase. Is the waterline public or private? Director Fulgham said part of it is. Their part down that road is supposed to be public with the interior stuff being private. I look at where we allowed them to put that hydrant over there, it is private, but it could get ran over. I do not know how the big trucks miss it.

Manager Warnke said I wonder if they changed the plans. Do you see any secondary water? Engineer Breinholt said no. Manager Warnke said I am not sure how this one played out, but this is probably an area you showed in our service area map as not being serviced. Director Fulgham said most of these have put secondary in to serve their self, but I have not seen any of it. Manager Warnke said how would the storm water be handled on Main Street since there is no curb and gutter? Engineer Breinholt said the canal there are culverts across that are dumping in there. They are installing a box on top of the one pipe and they did it on the other section too. They extend into the canal box, which works okay and the canal company has accepted that.

Engineer Breinholt said I am concerned about the intersection they have designed. It is not big enough for the traffic they want, especially if they have the apartment complex planned back there, on top of all the businesses out front. Manager Warnke said they have shown the residential pieces internal, almost like a horseshoe shape with no access going to that. Administrator Bench said the latest plan was to cut everything off going south, but that was years ago that we saw that. They have potential for a grocery store and movie theater type, plus another dozen small businesses that could go in there. That is a lot of traffic and 24-feet does not work. The original plan had some walk-able parking with nice sidewalks. Engineer Breinholt said it seems like they have tossed that out the window. Manager Warnke said the light would be at 650 West and as traffic get busier on Main Street they will need that light to assist traffic. Director Fulgham said that was the whole plan and is why we took it over as a City street because if not it only serves those businesses. I did not want it, but it was suppose to serve them and all the way down from those residential units up top. Engineer Breinholt said if they have a significant change to the original plan that was proposed for this site then they need to update that plan and we need to revisit the whole thing. We made plans initially for this intersection and this whole area based on that original concept. This does not fit the concept of what we have here today. Manager Warnke said just the street, right? Engineer Breinholt said yeah that is all we see. I understand things could change, but the street needs to serve generally the same stuff. Administrator Bench said they have plenty of room this way. He could swing and move it over. They said they would send the information to Mr. Capener and get him on the next agenda.

Manager Warnke said he sent his comments to them electronically and wondered about the storm drain pond. Is that the permanent location? Engineer Breinholt said he thinks the permanent location is up where the houses are, but was not sure. He shows improvements throughout this whole area and that is a parking lot. He does not show any place for a retention pond. Manager Warnke said unless it stays there. At what point do we require the improvement of that pond and landscaping? I feel like before we get too far ahead in approving others they need to finish the landscaping on the last phase. Engineer Breinholt said this was where it was going to be because they have already piped everything up to this point. Manager Warnke said the storm drain could probably wait, but landscaping has been left undone. It would be nice to have them finish it up.

b. Final Approval for Holmgren Estates East, Phase 7 – Lyle Holmgren

Engineer Breinholt said I have not received plans for this. Mr. Holmgren said he is not quite ready yet with the final plans. They plan to stake the centerline on the road and start cutting first of the week. Engineer Breinholt said I will work with him on the depth of that storm drain and where we will have to pick up that area to the east. I sent him grading plans for the park earlier this week. Mr. Holmgren said they would cut out the road and get some of that preliminary stuff done. We will be ready for the next meeting. Administrator Bench said they would need their plans a week in advance. Manager Warnke asked if they have reconciled the conservation easement and storm drain pond with the plat. Mr. Holmgren said yes, they sent a surveyor out to check those lines and make sure the lot lines butt up against the easement and do not overlap. We are in good shape. Manager Warnke said we are working on this annexation with Crossroad Ranches and I am putting together a pre-annexation agreement. I think some elements of their development need to be coordinated with your development. The road is one. We have talked about that and can show the drafted line—also the storm drain. Their outlet will need to run through your property and eventually discharge. Director Fulgham said that is what Engineer Breinholt was talking about—he is working on that. They will upsize the storm line and the depth will have to be adjusted. Manager Warnke said as far as easements—do you know where it would need to come across? Someone needs to obtain easements in order for him to develop. I do not know the timing of his development versus some of your phases and how that is going to work. Engineer Breinholt said that is something Craig Adams will have to work out with Mr. Holmgren because he is the only landowner between him for the outfall. For now we will leave the storm drain in the recorded plat stubbed off. The Board discussed which roadway would be best to tie into. Engineer Breinholt said Mr. Holmgren’s plan is for that to come straight across. Mr. Adams will have to adjust since Mr. Holmgren owns the easement. His will not go through this pond, he will detain his here. This will be a regional pond that serves this whole area. We just need to get the outfall to the river and find the best place to do that. He will dump the controlled release. Manager Warnke said, so will it not enter into Holmgren’s pond? Will it be separate? Engineer Breinholt said somehow we will figure a structure that will bypass it or will be completely separate. It would be nice to share it, but the flow will not be detained in that pond. Mr. Holmgren said you do not think the regional pond will take care of things? Why do we need to have an outfall? Director Fulgham said because then it becomes retention and holds it all until it evaporates. That requires his basin to be larger when there is a way to get it out. Mr. Holmgren said who is taking care of the upsize? Director Fulgham said it would be Mr. Adams and Tremonton City. Engineer Breinholt said that is an impact fee project showing in the Capital Facilities Plan. Director Fulgham said part of the piping is his and part will be ours. He will pay for his impact. The Board discussed the collector road and other long term plans. Mr. Holmgren asked to be put on the agenda in two weeks.

c. Final Approval for Aspen Grove RV Park Site Plan

Administrator Bench was not sure if he had sent the updated information for Aspen Grove when he got it. Engineer Breinholt said he had, but he did not have time to look at it. Manager Warnke said I looked at it, but I do not know if anything changed. I added one more comment about the streets. The old plat on the County’s website has names of streets and they have rearranged them and added some. I did not know how they would record it for emergency purposes. Engineer Breinholt said would it just be the County View RV Park with a single address and unit numbers? Administrator Bench said when they go to Town and Country and the other it was 900 West or 700 West with a unit, even though the streets are named. It is platted with the County, but I do not know if there is a recorded plat. Let us verify what the address system would be and what documentation we would need for the County. Manager Warnke asked about the gates. I think I always knew it was gated, but I want to make sure the fire department has access to get in. Engineer Breinholt said the gates are going away. Administrator Bench said the main inlet gate was taken out and the other gate they are still showing, but that would be a drive up and would open automatically because it is the exit. Engineer Breinholt said then why have it—to keep people from driving in the wrong way? They told me the gates were going away. Administrator Bench said that was the plan.

Manager Warnke said they should have a conversation with them. Carl Liljenstolpe should send someone to represent him or we should have another conversation with him to go through the comments and how to move forward. Engineer Breinholt said the corner radius should have changed as well as the drainage. I made a comment about the 45-foot applied to the center lane. The ponds are ridiculously deep. I think there will be groundwater and it will not work. The other option they talked about was putting depressions in between the slips for storm water. I think what they really need to do is lose a couple of these spots and expand that pond out to make it the right size. Manager Warnke said he followed their traffic flow, which seems okay. They have a bunch of pavement signs for traffic, but I only see one sign they are planning on posting on the building. It was suppose to be directional signage and needs to be more throughout the park. Engineer Breinholt said there are no grades on the pond and not enough detail there. That is okay if they fence it, but they will have to prove to me they will not be in ground water. Actually these are retention ponds so we will have to limit the depth on those because infiltration and evaporation is limited based on surface area.

d. Walk ins:*

Mike Roundy and Zack Boothe were in attendance to talk about a house that Mr. Roundy owns. It is located at 205 South 100 West, just south of the tennis courts. Mr. Roundy said he came in about 10 years ago to talk about taking the house down, along with some of the other neighboring homes, to make a retirement type home. The plot plan shows three lots (26, 27 and 28) for a 175×140 space. I have wanted to do something with that and wondered what you will let me do. It is zoned residential and commercial. I came in and had all the neighbors sign a paper, got letters and went through all the hoops. When I talked to a realtor she said it cannot be commercial because it was never recorded. Administrator Bench said it is not a commercial district right now it is zoned commercial. You are legal nonconforming. Mr. Roundy said he thought about doing five units, wheelchair accessible, all on one level, with the parking on the north side. Manager Warnke said it is only a quarter acre, which is a pretty small lot. Administrator Bench said to do a multi-housing unit you need off street parking. It is not pulling off the road anymore. We have eliminated backing out onto the street for multi-housing and commercial. They would need to drive into a parking lot. Engineer Breinholt said there are specific standards in the city code about offsite parking that we would need to look at. I am not sure how it would fit. It looks pretty small for a building and parking.

Administrator Bench said at one time it was in that zoning to allow multi-family, but that has since changed. What is it you really want to do? Mr. Roundy said whatever you will let me do. He said Mr. Boothe is thinking about buying it and might make it two levels. Mr. Boothe said how many units could I have? What is it zoned for? Administrator Bench said it is not zoned for multi-family right now. It is residential. If you remove the residential the way the zoning is now you cannot put the residential back it will have to be some type of commercial. Engineer Breinholt said it does not work well for that site, it is too small for offsite parking, which is required for commercial, but commercial is required to replace single-family. Manager Warnke said they could look at the zoning, but he was not sure that multi-family would work in that neighborhood. The Planning Commission would make the recommendation.

Director Fulgham asked if they would have a townhouse look with up and downstairs units. Mr. Boothe said the townhouse would look like one big house. I do not want to make something ugly. If I have to have off street parking could I have a garage in the building with a driveway? Administrator Bench said you would have to curb it so they have individual driveways into the garage. Mr. Boothe said what we build would look much better than what is there. Manager Warnke said it would need to protect the character of the neighborhood and surrounding properties. We do not want something out of character. It needs to fit, but is a quarter acre big enough? Mr. Boothe said they are planning for five units, but could go down. They showed the property line and original design. Mr. Boothe asked, what are your hang ups? Engineer Breinholt said backing into the roadway. Manager Warnke said that is not allowed anymore. People try to overbuild the site and put more on it. We have a lot of standards that dictate things. He then went through a few of those. If you can meet all the standards, it is not over built and it looks like a nice residential home we could look into the City’s code and standards to make sure they apply. This would take a rezone, which would be decided by the Planning Commission and City Council, which is more legislative and policy making. It needs to fit the character, look like a nice home and not look out of place. Mr. Boothe said it would be different because it is not a 1920s home. Administrator Bench said it still could be designed to fit through. I need to read up on the codes and will send the pertinent ones to you to read through. Then you can come up with a concept design and come back. He will also send the landscaping requirements. Manager Warnke said it would be nice to have a multi-home that looks like a single-family dwelling. The more units you try to fit, the more parking requirements come into play.

4. Comments/Reports:

No comments and reports.

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 10:16 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 9th day of May, 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.