By Myrna Trauntvein
Times-News Correspondent
The council received a report from the city planning commission which included three recommendations on specific land-use actions.
Glenn Greenhalgh, chairman of the planning commission, said that earlier that same evening a public hearing had been held by the planning commission.
He said that the planning commission was recommending an amendment to the zoning ordinance.
"We recommend your approval of Covington Ridge Subdivision, plat D," said Greenhalgh. "LUDMA (Land Use, Development, and Management Act) does not require that the city council take any action but our city ordinance does."
Following the discussion, council members directed Kasey Wright, city attorney, to prepare the necessary documents for council consideration at a future date. They gave approval to allow the initial structural work prior to the sale of lots.
The purpose of the earlier hearing held by the planning commission was to consider a request to rezone a property from 780 South to 1000 South and from approximately 300 East to 200 East from R1-H to R1-3.
The property for the subdivision is currently zoned R1-H which is a holding zone, he said. R1 is a single family housing subdivision where homes are built on at least one-quarter acre lots. However, these lots are somewhat larger.
"If the council desires to consider acting on the planning commission recommendation for a change to the zoning ordinance, the council can instruct the city attorney to prepare an ordinance to implement the amendment," said Randy McKnight, city administrator. "The council can then consider that ordinance at a future meeting."
Greenhalgh said the council was also being asked to consider granting approval to the final plat for Covington Ridge Subdivision, plat D. The plat and associated construction plans have been reviewed by the city's development review committee and by the planning commission.
"It seems backward to me," said Mark Jones, mayor.
Approval of the final plat signals that the developer may prepare to commence the construction of subdivision improvements, once the plans have been signed by the public works director, and a pre-construction meeting has been held.
"The plat is not recorded until the subdivision improvements have been installed and inspected, and a warranty bond has been placed," said Greenhalgh. "This is one of the most carefully scrutinized subdivisions to date."
He said that Kyle Marchant, city public works director, had done an excellent job.
There was a fair amount of work to be done by the developer before any lots could be sold. The planning process was a long, drawn out procedure but the initial dirt work could be started with the stipulation that no lots could be sold until all the approvals were given.
This plat has 12 lots with lot 13 being set aside as a catch basin.
"I hope that we will have an agreement by next city council meeting," said Greenhalgh.
He said that LUDMA said that, if any developer meets all the standards which have been set, their project must be approved.
"This is our law," said Wright. "If they comply with our law, then they are in."
There is one existing temporary turnaround that was built in an earlier phase of the subdivision. The developers are going to be required to pave that turnaround. A second turnaround is planned for this phase and it must also be paved.
Both of the turnarounds are considered temporary because they will, with future development, connect to streets to carry traffic without the turnarounds. The subdivider has agreed to hard surface both turnarounds at the same time, said Greenhalgh.
"You can instruct Attorney Wright to draw up the re-zoning ordinance," said McKnight.
Both zone change public hearings held by the planning commission were well attended and there were a great many questions asked, said Greenhalgh. No one had problems with what was being proposed once their questions were answered.
However, the commercial performance standards hearing had no public attendance.
The purpose of that hearing was to consider changing section 10-14-1: Commercial Performance Standards: of the Nephi Land Use Ordinance by removing 10-14-1 A. 2. b. of the code which currently reads: "b. The building is remodeled or expanded, and the expansion or remodeling has a valuation of over one hundred thousand dollars ($100,000.00) as determined by the building inspector."
"We propose that the standards be changed to 45 percent rather than the $100,000 figure," he said. "When any business proposes changes to their building of 45 percent or more that is a substantial change."
The $100,000 requirement had been in place since the early 1980s but that figure did not meet the needs of today. The costs of remodeling a business building had a wide fluctuation and, for some businesses, that amount could build a new building but for others it would not cover the cost of a new roof.
"The planning commission would like to leave off the $100,000 and just use the 45 percent change to a building as the criteria for meeting the city commercial performance standards," said Greenhalgh.
He said that with prices for such projects as high as they were in today's world, the 45 percent change to any building made more sense than the $100,000 price.
