96 South Main Street, PO Box 77, Nephi, Utah 84648 - Voice: 435 623-0525 - FAX: 435 623-4735

On our front page this week

 

  • Public hearings must be held for subdivision proposals


 

By Myrna Trauntvein
Times-News Correspondent

Subdivisions and zone changes are being considered by Nephi City Planning Commission.

Subdivisions in Nephi must undergo intensive study before they are allowed.

Stone Ridge subdivision is preparing for a final plat approval. The subdivision is also being considered for a zone change for the property where the development is planned.

"A public hearing is now required for all subdivisions before they can receive final plat approval," said Randy McKnight, city administrator.

The Utah Land Use Development and Management Act requires giving notice of public hearings and meetings to consider land use decisions.

The public hearing is advertised in the legal section of the local newspaper by the city planning commission. The hearing is also held on the planning commission level.

Every proposed new subdivision, or an amendment to a subdivision, now must have a public hearing.

"The public hearing has been set for Aug. 9 at city hall," he said.

McKnight said that Stone Ridge subdivision, which was just approved by the city council for preliminary plat approval is now in the process of applying for a final plat before beginning building.

The city development review committee, made up of department heads, McKnight and Glenn Greenhalgh, chair of the planning commission, first review the final application.

"The development review committee conducts the screening," said McKnight.

In the screening, all questions concerning the development are addressed.

"Hunter's Meadow and Stone Ridge were both zoned as combined use," said McKnight.

The planning commission suggested that both subdivisions be changed to residential use. The council acted on Hunter's Meadow.

"Denton Hatch, city council attorney, will prepare document to allow the change," said Mark Jones, mayor.

The property south to Flying J will be re-zoned. The property also goes to the east of the first stage of the subdivision, or Plat A, where homes are now constructed.

The new zone will include those homes.

The zone continues east to the mud drilling building.

The property along the highway will still be combined use, which allows a mix of residential and commercial properties.

"The planning commission is also considering a request for an amendment to the zoning ordinance to allow a residence for the manager to be constructed by Salt Creek Steak House," said McKnight.

Presently, the immediate property located at the center interchange of Nephi does not allow that use.

Also being considered by the planning commission is a site plan for the last phase of storage units to be built at the industrial park.

The individual who purchased the former Lael Jordan home in north west Nephi, wants to divide the property and sell two lots as a commercial subdivision.

"A site plan has been presented," said McKnight. "The developers will be required to build access as required by ordinance."

By state statute, each city or town must provide notice of the date, time, and place of a public hearing that is mailed not less than three calendar days before the hearing and addressed to the record owner of each parcel within specified parameters of the development property or posted not less than three calendar days before the public hearing on the property proposed for subdivision, in a visible location with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.

In addition the city or town must mail notice to each affected entity of any public hearing to consider a preliminary plat describing a multiple-unit residential development or a commercial or industrial development.

Whenever any land use application of any kind is being considered by a public body (city council, planning commission, appeal board etc.), the city or town must notify the applicant of the date, time, and place of each public hearing and public meeting. This is intended to be an actual notice of some type.

Cities cannot just rely on concerned citizens seeing the published notice in the paper or in the posted agenda. This actual notice is in addition to any required notice to the public. The intention behind this requirement is to prevent a city or town from considering a land use application without the applicant knowing that his or her application is on the agenda.