TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
July 26, 2017

Members Present:
Steve Bench, Chairman/Zoning Administrator
Chris Breinholt, City Engineer
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 9:20 a.m. The meeting was held July 26, 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 (left at 11:18 a.m.), and Deputy Recorder Cynthia Nelson were in attendance.

The following items were discussed out of order.

1. Approval of agenda:

Approved with change of a. and b. from Preliminary/Final Review to Concept Review

Motion by Manager Warnke to approve the July 26, 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 19, 2017

Motion by Director Fulgham to approve the minutes of July 19, 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. Concept Review for two (2) lot subdivision, Vicky Merryweather – Ben Johnston

Agenda items a. and b. were discussed together

Ben Johnston said they measured the private road and it is about 14 feet wide of paved surface. According to the City Code, if they intend to have the four lots, they will need to add another 10 feet. They have added on the plat that one more house would be allowed. He said the owners are questioning why they have to spend so much to improve the road. Manger Warnke said some of the improvements were not formal; they had just been identified as issues that need to be discussed.

Marc Allred said they did not realize they had to pay for their improvements for access to the lots. They may look into changing the easement of roads to their property for access. However, he thought Kirby would still want to do the road for his children, but they may have to make some adjustments.

Manager Warnke asked about the road dedication. Marc Allred said they are determining whether to refinance, and if they do, they will have to adjust that, which should not be a problem.

The Land Use Code does not restrict septic tanks, but addresses extending a sewer to the end of development when it happens. Manger Warnke said any subdivision requires a connection be made to the City Wastewater Treatment, but this lot split (a larger, less dense area) makes it different. The development for Kirby’s home, which has a septic system, started before it was annexed into the City.

Ben Johnston asked about 3000 West and the City’s Master Plan, wondering if they intend to add that infrastructure or just get the right-of-way. Director Fulgham said the right-of-way is there and the rest depends on who develops first. Manager Warnke clarified as Marc Allred develops, the City could say there is enough density to extend that, having improvement paid for through City funds, but that depends when the need comes. The road will be dictated by growth in the area.

Ben Johnston showed the Board where a few of the hydrants were currently located. Director Fulgham said there is sewer somewhat in the area and showed an existing manhole. He does not know if it runs all the way, but said he could check on that. They could tap into that area with their private 4-inch lateral. He explained that they could stay within the public right of way, but have to realize that is still their private lateral. He added that he does not like to tie into a manhole, but would allow that one.

Chairman Bench said if the sewer is there, then water is probably there to the end of 9800, where they could put the meter. They will do a driveway approach of 12-feet of hard surface, plus property to tie into the curb and gutter.

They also discussed a secondary water system. Manager Warnke said the City is to the point where it is going to be a requirement for approval for a subdivision to put in dry lines and water shares. They also will have a dual lateral of secondary ending near there and the irrigation lines on the south side of the road. Director Fulgham said they could probably get another service off that path. It has plenty of water for those three lots.

b. Concept Review for two (2) lot subdivision, Stan Peterson – Ben Johnston

c. Concept Review for 60 South 800 West – Marc Allred and Ben Johnston

Agenda Item c. and d. were discussed together

Snow removal for the proposed parking lot south of the office building was discussed. Ben Johnston agreed with putting the necessary curbing, but questioned where they could push the snow, including an area that does not have straight through access. They had previously talked about a gated access, but no decision has been made.

Dimensions for the parking was also discussed. They plan to have 24 feet for the driveway. Chairman Bench said according to the Code, they would need one stall for every 300 square feet, depending on what businesses are in that location. At one for every 300 square feet, they will need to have 20 parking stalls.

Manager Warnke was concerned, saying the City has standards that help keep a site from being over built. Depending on space, they may not have room for another row of parking. There is an allowance that lets the City waive that, but he felt that if they reduce all these standards to keep the site from being over developed, then there will be other problems.

They also talked about adding landscaping to the south with possible islands. Ben Johnston said they could add some trees to soften the barrier and have a better visual. Chairman Bench said they will have to have curb and landscape there as a buffer.

The stalls run at 45-degrees and there is a need for a standard handicap stall. Engineer Breinholt said they would need to meet the ADA requirements, which says there needs to be an 8-foot wide, parallel accessible handicap stall. He said functionally, the way they have it, that would probably work, but he’s not sure it fits the ADA Code. There is nowhere in the book that shows that configuration. He explained that they would open themselves, and the City for allowing it, up for a lawsuit.

There is landscape rock in the area, but the City wants more landscaping on the street side. They would prefer something that has a low water impact. The current sign was put in illegally, so they want them to raise it up and move it over, while incorporating the landscaping.

The parking is a little tight and will need to be adjusted. Marc Allred said from his standpoint, they can adjust some stuff, but it is improving and it does get the whole flow. It is pushing the building size with what is there, but depending on the businesses, they could also lower parking. They cannot pretend that they know what is going to be there, they are just trying to get a footprint. Engineer Breinholt said if this is approved with a certain number of stalls that does not fit the use of the building, then there ought to be a restriction on what they can lease out.

Ben Johnston asked if there needed to be a dumpster or if they could do a garbage can per unit. Manager Warnke said right now that building has a dumpster set. Marc Allred said he would rather get rid of it so it is not used as a community dumpster. Manager Warnke suggested an enclosure.
Engineer Breinholt said he didn’t see a way of making this fit the standards that are there unless they severely limit who can be in the building. Ben Johnston asked if Marc Allred was set on the building depth, stating there is north and south that could be adjusted. Marc Allred said they could if they have to. Chairman Bench said they are not gaining parking, just reducing it.

They suggested coming back with some adjustments and take some time to see what they could work out. They plan to bring a revised plan with straightened parking stalls and the required landscaping.

d. Site Plan Review for Spring Acres Phase 6 – Marc Allred and Ben Johnston

Ben Johnston and Marc Allred gave a quick overview on this subdivision talking about the driveways, curb and gutter, and the eight lots. They have moved manholes and changed the lateral in a few areas. They plan to move onto the apartments when they have the money available. The plan will be reviewed in more depth at a later meeting.

e. Concept Review – Subdivision at 800 North 900 West – Rocky Kay/Guy Salazar

Rocky Kay said they plan to extend this out, getting rid of the proposed residential homes to extend the commercial patio homes, making the commercial lots bigger. Manager Warnke said they will have to rezone the property and felt people might be more resistant to the patio homes.

Chairman Bench asked how big these homes would be. Rocky Kay said close to 1,300 to 1,600 square feet with the lot over the garage. Manager Warnke said it could be a higher density area in the sense that the yards are smaller. Rocky Kay said they are looking for smaller yards appealing to someone closer to retirement, who wants a nice house, but not such a big yard. They will be structured different and will be an upscale house, not on the high-end, but not a low-end home either.

Manager Warnke was concerned about the driveways. Although they are a nice feature, he said they could be an obstacle hazard. He also questioned the road network and how it might interfere with the City’s Transportation Master Plan that envisions the City making a connection near 6th or 8th North across the railroad tracks.

Rocky Kay talked about having two access points to this development, which could include a bridge on the south end. Rocky Kay said he is not worried about that cost, but wondered if the Canal Company would make him buy the ground. The Board said he will need to do what the Canal Company requires.

They plan to develop a couple phases at a time, with the commercial being done in one phase. They could do the first phase with one access, but then would need to have a second access for the next phase. Director Fulgham said they have access on 10th west but also have an access on 6th north because it is not landlocked. He said they just have to have two ins and outs. The dead end will be considered a private lane that won’t be maintained by the City.

There is a low spot for water where they could add a storm drain and a 15-inch outfall to get rid of that water. The first phase of the secondary water system is there and that could be live in the near future. Director Fulgham said developers will be required to turn over the required shares (62% of a share per acre).

The City will provide Rocky Kay with an approval letter to give to the bank showing the key concepts so he can continue this process. They agreed they are in line on this plan and will make sure his patio version is good before proceeding.

f. Walk ins:*

Jim Flint was in attendance to discuss the T&M Expansion. Manager Warnke asked if the questions pertaining to the storm drain and irrigation, along with payment fees and usage, had been resolved. Director Fulgham said it has not. Travis Scott is not interested in being moved or postponing anything, so they may have to come up with a different solution. There is nowhere to take the storm drain, but they could add curb and gutter and a catch basin with the drain just behind the sidewalk. They have proposed a 4-foot sidewalk on one side and an 8-foot sidewalk on the other.

Director Fulgham said the City will not allow them to hook the storm drain into the irrigation system without a letter from the irrigators saying they would allow it. He explained that it doesn’t belong to the City. Historically, the water was not channeled there, it might have flowed across the property into the ditch but it was not channeled into the ditch.

Jim Flint asked if the City would prefer for him to put an irrigation ditch in. The Board agreed they did not and Director Fulgham said he doesn’t know where those irrigation ditches are going and doesn’t want to be responsible to them in the future if they come back and say they are causing problems.

Manager Warnke said this would take Travis Scott’s cooperation, but there has been some indication that he would work with the City to landscape that corner piece near the intersection. The City is forgoing a lot of landscaping, but that is one area that warrants it. It is so flat it would not take much to get it tipped the other way. He felt it was a good long-term solution. Director Fulgham stated it would not do enough good unless they could raise the whole road.

Manager Warnke asked if it would make sense to put a storm drain and improvements that patched down to the Senior Center, which could be a minor upgrade for water. Director Fulgham said it is not as minor when you pipe it all the way (in front of T&M, Intertape Polymer, and take it to the school). It becomes a bigger project because you just channeled it all. The Senior Center is designed to handle water in that area. Manager Warnke clarified he was thinking of putting the piping in and not catch basins. Director Fulgham said right now it would be best to let the water go where it is going. Manager Warnke questioned if there was enough room, stating there would only be a foot between the proposed sidewalks. Director Fulgham said that’s why they want to forgo that until they have a plan in place.

Jim Flint said they will need to have a catch basin, about 6-inches to a one foot differential in the area. They would like to add curbing and wondered about using a 4-foot box with a sump impression and retention. Director Fulgham said the drain would have to have a sump, but can’t go too deep and be affected by ground water. Engineer Breinholt suggested creating an underground water system with a retention pond. He said they could fill it with large gravel, put down a fabric to separate the clay and calculate the volume. Director Fulgham said if they have a big storm drain it would take a while to eat the water. The City has had better luck putting in perforated manholes and having rock on the outside. The City could suck the water out and haul it away, maintaining it as needed. In the future, they could tie an outfall line into it and have it become a part of the City’s storm drain system. Director Fulgham said this would work better than a curb cut, which would fill up with debris over time. They suggested adding the 5-foot manhole, no deeper than 5 feet to the east end of the property.

Jim Flint asked if installing the sidewalk was part of the next phase. Travis Scott has agreed to do all those improvements (curb, gutter and sidewalk) and they could reference the City Standards. They will add a seed mix for some landscaping and will have a chain link fence with slats.

They then addressed fire hydrants in the area. Director Fulgham said only one of the buildings is close enough to the existing hydrant. However, the other two buildings are really low use, mostly for housing equipment. After some discussion, they agreed the Fire Code would require them to install one hydrant. Director Fulgham said they could run it on their property or install one across the street. If they chose to do the latter, they would not have to cut the road since the waterline is on the south side. Director Fulgham said whatever they do, they need to make sure they do not interfere with what is going on in the future.

Manager Warnke wanted to confirm they would have enough parking in the existing lot to accommodate for newly hired employees. They felt there was capacity, but want that to be confirmed. He asked Jim Flint to note nine additional parking spots on the site plan. They will also need to show their plans for lighting on the site plan.

Jim Flint asked about fill drains on site. Director Fulgham said if they do hit one, they need to be sure to maintain the integrity of it, because they are advantageous to have. It helps drain that area. If something is draining into it upstream and its integrity is compromised, then the water upstream is going to impact them. Jim Flint asked if they should tie into one if they do find it. Director Fulgham said they are better off to just leave it and let it naturally do what it has been doing.

Jim Flint asked if the City would take care of any of the landscaping through RDA funds. Manager Warnke said there is not an active RDA in that area and no funds are available. When he talked to Travis, he said he would do something, but wanted to figure it out once the site plan process evolved. Manager Warnke said landscaping might not function or be appropriate where he has these operations, but it is an area that should be landscaped. He suggested a low maintenance waterscape that is attractive. There is potential for him to draw an easement because the City does have signage there or for him to put his own signage in with landscaping. The City’s landscape plan will require a landscape architect to stamp it.

Jim Flint asked about the time frame for having an excavation crew do a curb. The Board agreed they could have that done at this time. They can get the formal site plan approval by this committee in two weeks if they get them the drawings a few days before the next meeting.

4. Comments/Reports:

No comments or 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 11:30 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 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.