Land Use Authority Board Minutes 4-6-162016-11-01T09:54:46-06:00

April 6, 2016

Members Present:
Chris Breinholt, City Engineer
Marc Christensen, Parks & Recreation Director
Paul Fulgham, Public Works Director
Shawn Warnke, City Manager
Cynthia Nelson, Deputy Recorder

Acting Chairman Warnke called the Land Use Authority Board Meeting to order at 8:57 a.m. The meeting was held April 6, 2016 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Acting Chairman Shawn Warnke, Engineer Chris Breinholt, Director Marc Christensen, Director Paul Fulgham, and Deputy Recorder Cynthia Nelson were in attendance.

1. Approval of agenda:

Motion by Director Fulgham to approve the April 6, 2016 agenda. Motion seconded by Director Christensen. Vote: Acting Chairman Warnke – aye, Engineer Breinholt – aye, Director Christensen – aye, and Director Fulgham – aye. Motion approved.

2. Approval of minutes: March 23, 2016

Motion by Director Fulgham to approve the minutes of March 23, 2016. Motion seconded by Director Christensen. Vote: Acting Chairman Warnke – aye, Engineer Breinholt – aye, Director Christensen – aye, and Director Fulgham – aye. Motion approved.

3. New Business:

a. Discussion of drainage between the old La-Z-Boy property and the Box Elder School District property – Jim Christensen, Box Elder School District

Jim Christensen stated the Box Elder School District (BESD) bought the property between Intertape Polymer and La-Z-Boy. The concern is that when La-Z-Boy was built there was nothing built for retaining storm water. There is a curb along the property by the fence with notches cut out to allow the water to run into the field. The water accumulates in the field and slopes to the front.

The BESD would like to start the new transportation facility in late summer or early fall. There will be some engineering brought to the Land Use Authority Board (LUAB) late summer or possibly July showing what the BESD has in mind. Mr. Christensen noted that Intertape Polymer has two (2) retention ponds. There have not been concerns with storm water from Intertape Polymer or the agricultural property. The BESD hopes the City will approach the owner of the La-Z-Boy building about the problem. Mr. Christensen said they can work with BESD and a common contractor to make the improvements. The storm water regulations are clear and the owner of the La-Z-Boy building needs to mitigate the problem.

Mr. Christensen said the water needs to be collected, especially off the west ends of the La-Z-Boy building. It may help them to collectively bid one package while BESD has someone at the site. The BESD would prefer the problem is fixed before work starts. Acting Chairman Warnke said someone from the City can contact them about the problem. Mr. Christensen would like to have a plan or have the problem mitigated by the first of August. There will be 30-40 inches of fill material to raise it and have a good base.

Mr. Christensen stated the current owner of the La-Z-Boy building can contact him. If it becomes a problem, the DEQ (Department of Environmental Quality) will be involved but he doesn’t want that to happen. Director Fulgham said the only option for the La-Z-Boy property is to pipe the water to the east of the property unless the BESD is willing to partner with them on a detention basin. Mr. Christensen said if they intend to share the cost, they did not intend to go that direction but they are willing to have that discussion. Mr. Christensen noted the BESD will need a big detention basin as the majority of the site will be covered in asphalt.

Mr. Christensen is not aware of a storm drain system on 1000 West. Director Fulgham stated the City is trying to work on a joint trail corridor for future with an outfall. The only place for the water to go is the river which is very far away. The project would be a multi-million dollar project. Mr. Christensen said the majority of the water goes into the ditches along the railroad tracks. Director Fulgham will email Mr. Christensen the NRCS (Natural Resources Conservation Service) maps showing the general area for drain maps.

Director Fulgham said the best solution would be for the water coming from La-Z-Boy to be piped to the east of the property. Acting Chairman Warnke noted that the fastest solution would be to have a joint retention pond. Mr. Christensen stated there is not an agreement with the previous owner, at least not on the title information. There are no easements or arrangements. Acting Chairman Warnke said the City has code regarding nuisance for water. No one wants the DEQ involved.

b. Discussion and consideration of a lot split in Greenbough Subdivision – Lyle Holmgren

Acting Chairman Warnke noted this item is to amend the recorded plat as there is not a provision in the code for a lot split. Lyle Holmgren made a petition to vacate. Greenbough Subdivision is a minor subdivision in Phase 8 of Holmgren East. Mr. Holmgren combined two lots for a potential buyer. The sale ultimately fell through and the lot needs to be put back to two lots. It will vacate lot 1 and create lot 2 and 3 which will put it back to what it was originally.

Acting Chairman Warnke stated the Land Use Authority Board (LUAB) must provide a ten (10) day notice of the petition to service providers before approval of revocation. Director Fulgham asked if the term “provide service” means they currently provide service because no one has a utility there except the City. The gas, cable, and phone companies will not stub in until a home is there. Mr. Holmgren said sewer and water are the only things stubbed in now. The power, gas, and fiber run along the front. Director Fulgham said they are potential providers but do not provide anything now.

Mr. Holmgren noted there were originally utility easements all around and said everything has been put back to the way it was. Engineer Breinholt agrees with Director Fulgham that the other providers are not necessarily providing service yet. It is unclear if the providers have filed a copy of the long range plan.

Motion by Engineer Breinholt to approve the amendment of the Greenbough Subdivision to split into two lots. Motion seconded by Director Fulgham. Vote: Acting Chairman Warnke – aye, Engineer Breinholt – aye, Director Christensen – aye, and Director Fulgham – aye. Motion approved.

It was discussed that the other providers do not need to be notified as they are not providing service and the City has been notified. The LUAB is the land use authority and has approved the amendment. Mr. Holmgren is ready to move forward and prepare the Mylar which needs to include notes regarding reserved capacity and new general items in the code. The City will also need an updated plat.

c. Walk ins*

Tom Greer and Micah Capener asked the LUAB to review the site plan for Greer’s and see if there is anything that needs to be changed. Mr. Greer said the loading will be in the back of the store with a bay door. The loading area is large enough a semi can turn around. There will be a load/unload zone up front for small pickups. Garbage will be in the back by Results’ garbage. Mr. Capener noted there is a line going from the future apartments behind Greer’s to the canal. It is an irrigation line that is a six (6) inch pressurized line going north. The storm drainage and irrigation line have been stubbed in before it is sealed.

Mr. Capener said the storm drainage for Greer’s and Results will go to the pond. The pond will probably stay where it is and there will be underground stuff under the parking of the grocery store ultimately. If the pond is moved, it will be moved to the future pond where the homes are.

Mr. Greer presented the elevations to the LUAB. There is a two (2) foot awning going across the front. The front of the building will be stucco, rock/stone (which will be done by a local company), steel, and aluminum frame sign holders. The sign holders are changeable as any signs will fade as they face south. Do It Best drew up the plan and wanted a big sign because the building sits back off Main Street. The Do It Best sign and the Greer’s letters are LED and will be backlit. The other letters will be raised.

It will be a steel building. The heating units will be inside and not have anything on the roof. Mr. Greer hopes to put everything inside but the air conditioner condensers will have to go outside. The building will be 21 feet in the center and 16 feet on the edges that pitches both ways. Mr. Capener noted they met with the DRC (Design Review Committee). Mr. Greer will add the bike rack, bench, and trash receptacle. Acting Chairman Warnke noted that the signs must follow what is allowed in the sign ordinance. Mr. Capener said that 20% of face is the maximum for signage. Mr. Greer noted that the signs can be reduced if they are over the 20%. Acting Chairman Warnke did not think the murals were signs. The LUAB has not had time to review but it looks pretty straight forward.

Acting Chairman Warnke asked if there will be any expansion. Mr. Greer does not see a need for expansion but if there was it would be a shed in the back for lumber. Do It Best does not want a building to be much bigger than 10,000 square feet for retail and Mr. Greer’s building is 10,000. Do It Best also said the building should not be more than 100 feet wide so there can be a power aisle down the middle. If they required an expansion it would be an overhead awning over lumber.

Mr. Greer said customers tell him they have no room to park with a trailer. The new store will have a service lane for contractor’s loading in the back. There will be an entrance in the back with a register. Without taking into account the road, it is 58 feet deep by 100 wide. There will be 5,000 square feet of asphalt for contractors to turn around. Mr. Greer noted he will change the asphalt in back from three (3) inches to four (4) inches because of the big trucks that will be using it to turn around. The service road will be three (3) inches.

The new Greer’s building will be about double the size of the old one. Mr. Greer has had people ask him to carry guns and ammunition. Ace Hardware does a good job with guns and he would like to offer something that other stores in town don’t carry. He has no problem sending people to Ace because it keeps the money in town. There are enough green houses in Tremonton so he will not do a green house. If people would offer other services, there would be more options for people to buy in town. Mr. Greer plans on getting more building materials and be oriented as a small home center. There is no place in Tremonton to buy the building materials so he will focus on that and have windows, doors, screen, fencing, railing, lumber, and shingles.

There is the availability to put product out front on the sidewalk. Most things will be displayed in the back but Adam Mackelprang designed the sidewalk up front with rebar. If they decide to put paver rocks up front it will support the weight of a forklift. The foundation under the sales area will be four (4) inches and six (6) inches in back where the building material will be as they will drive a forklift on it. Mr. Greer does not expect to take any seasonal parking lot displays. There may be a pallet or two of ice melt in the front or something up front. There is a lot of area in the back for items. He may put a few items up front so customers know they carry it but the bulk will be in the back.

There is a curb drain in the back. The roof will all go south into the catch basin for Results. Mr. Greer said there will be four rain gutters on the sides of the building. They will run out into the storm drain that runs to the retention pond. Greer’s has a fair amount of lumber now but most people do not know they have it as it is stored in a building to the south. Greer’s is a destination place. People come in and get what they need and leave; he does not see his parking lot filling up.

Mr. Capener asked the LUAB to review the material provided and let them know if they need to change something and asked to be put on the LUAB agenda for next week for review. Mr. Greer left a copy and Mr. Capener said he emailed everything to the LUAB with the exception of the front. Mr. Greer thanked the LUAB. It is estimated to take ten (10) weeks to get an SB loan. He hopes to break ground the first of July with construction taking three (3) or four (4) months. It is not a complicated building and should be done quite rapidly. Mr. Greer would like local people to help with the building. Not only does it keep the money in town but they are his customers.

4. Comments/Reports:

a. Chairman/Zoning Administrator – Steve Bench

Not present.

b. City Engineer – Chris Breinholt

No comments.

c. Recreation Director – Marc Christensen

No comments.

d. Public Works Director – Paul Fulgham

No comments.

e. City Manager – Shawn Warnke

No comments.

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 10:06 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 Deputy Recorder Cynthia Nelson.

Dated this _____day of ___________, 2016

Darlene S. Hess, 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.