TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
May 18, 2016

Members Present:
Steve Bench, Chairman/Zoning Administrator
Chris Breinholt, City Engineer
Shawn Warnke, City Manager
Paul Fulgham, Public Works Director
Marc Christensen, Parks and Recreation Director
Linsey Nessen, Deputy Recorder

Chairman Bench called the Land Use Authority Board Meeting to order at 9:07 a.m. The meeting was held May 18, 2016 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Steve Bench, Engineer Chris Breinholt, Manager Shawn Warnke (arrived at 9:10 a.m.) Director Paul Fulgham, Director Marc Christensen, and Deputy Recorder Linsey Nessen were in attendance.

1. Approval of agenda:

Motion by Director Fulgham to approve the May 18, 2016 agenda. Motion seconded by Director Christensen. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, and Director Christensen – aye. Motion approved.

2. Approval of minutes: April 6, 2016 and May 11, 2016

Motion by Director Fulgham to approve the minutes of April 6, 2016 and May 11, 2016. Motion seconded by Director Christensen. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Manager Warnke – aye, Director Fulgham – aye, and Director Christensen – aye. Motion approved.

3. New Business:

a. Final approval for Country Lane Subdivision at 750 West 1200 South – Ben Johnston

Chairman Bench stated all that is left on this item is for Engineer Breinholt to take a look at the construction drawings. The drawings were sent to Engineer Breinholt earlier in the week. Engineer Breinholt stated he was fine with the construction drawings. There were a couple items he would like to talk to Mr. Ben Johnston about, but nothing that would hold up the final approval.

Manager Warnke asked about the development agreement and engineer’s estimate. Chairman Bench stated he has the development agreement and asked Mr. Johnston if he has the engineer’s estimate. Mr. Johnston stated he does not have the final estimate done yet. Chairman Bench stated part of the development agreement will be fees-in-lieu for street lights, chip seal, and street signs and clarified that Mr. Brent Kirkland will be doing a cash bond to the City. Mr. Kirkland stated that is the way he is leaning. As soon as the City receives the engineer’s estimate, Chairman Bench will have the development agreement ready.

Manager Warnke asked how the detention pond will be landscaped. Mr. Johnston asked if the City would be okay with hydro seeding the pond. Director Fulgham stated that would be fine. Chairman Bench stated the following items need to be noted on the plat: the orientation of the driveway for Lot 1, fire hydrants, show fiber conduit through the development, ADA ramps at the intersections, eight foot sidewalks on the south, and the standard notes the City requires on all plats. It was noted that the sub drainage lines running through the development are showing on the plat.

Chairman Bench stated the subdivision will not be recorded until everything is in place. Motion by Engineer Breinholt to approve the final for Country Lane Subdivision with the comments made today being addressed. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Manager Warnke – aye, Director Fulgham – aye, and Director Christensen – aye. Motion approved.

b. Final approval for Mike Chadwick Subdivision at 750 West 1200 South – Ben Johnston

Chairman Bench asked Mr. Johnston if he has the engineer’s estimate for this development. Mr. Johnston stated that he did and provided Chairman Bench with a copy. Chairman Bench reviewed the comments from the previous meeting that have been addressed.

Motion by Engineer Breinholt to approve the final for Mike Chadwick Subdivision. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Manager Warnke – aye, Director Fulgham – aye, and Director Christensen – aye. Motion approved.

c. Discussion of lot split ordinance

Chairman Bench stated he and Manager Warnke have worked on creating an ordinance on lot splits that essentially allows lot split subdivisions in rural areas through the typical subdivision process. The parcel for subdivision shall be an existing lot of record as of the date this ordinance gets approved and not already recorded as a previous subdivision plat. The entire acreage must have a density of no more than one dwelling unit per four acres and the lot size will be based on what the current zoning is. There will also be a cap of ten lots.

Manager Warnke stated most of the acreage is fairly small and asked the Board if they would be comfortable with a cap of less than ten. This ordinance is just an exception to the subdivision process, but a developer can still develop as many lots as the Code allows, they will just follow the regular subdivision process. Engineer Breinholt stated he would be comfortable with a smaller cap as well. Manager Warnke suggested a cap of no more than five lots per original parcel. Director Fulgham agreed with the cap of five lots as a developer can still come in, run the sewer line, and create more lots if it’s feasible for them.

Chairman Bench continued that any lot that is created shall be required to follow the International Fire Code as far as installing fire hydrants. Also, if a lot is within 300 feet or less of the City’s sewer collection system, then City Ordinance and State Statute shall be adhered to unless there are unusual circumstances as determined by the Land Use Authority Board. There shall be a separate document recorded with the Box Elder County Recorder’s Office attached to the land that addresses such issues as required for future connection to the sanitary sewer collection and treatment plant, which includes the future payment of connections and impact fees paid at the time of connection.

Chairman Bench stated once the ordinance is in its final state, it will be sent on to City Attorney Dustin Ericson for his review. Mr. Johnston asked about the timeline for approval of the lot split ordinance. Manager Warnke stated it must first go before the Planning Commission and City Council for approval. Chairman Bench stated it will probably take four to six weeks.

d. Walk ins*

There were no walk ins.

4. Comments/Reports:

a. Chairman/Zoning Administrator – Steve Bench

No comments.

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 11:01 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 Acting City Recorder Linsey Nessen.

Dated this 24th day of August, 2016

_____________________________
Linsey Nessen, Acting 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.