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  • Drainage problem must be addressed before Nephi City Council will allow zoning change to allow multi-family dwellings


By Myrna Trauntvein
Times-News Correspondent

At the last council meeting, Tuesday, Sept. 5, Nephi City Council members agreed to a zone change to allow for multi-family dwellings to be constructed on property located at approximately 50 to 100 West and between 100 to 200 North.

The zone will be changed for one-half block.

Tara Wall and Dennis Gardner, Mona, made the request for the zone change.

At an Aug. 15 public hearing, comment was taken on the proposed zone change with statements offered by Clarence Phillipsen, Ed Malmgren, Jason Brooks, Monte Bailey, Mike Carter, and Danny Olson.

"The major problem mentioned at the hearing," said Chad Brough, mayor, "was the drainage. "City staff recommend that if we change the zone we change it to CU (combined use) rather than to R3."

Council members said they had considered comments made at the public hearing and had reviewed the ideas presented there. Council members voted to change the zone on the west half of the block to combined use (CU).

Anything constructed which would be larger than a single family dwelling would take a site review and would require plan for dealing with the drainage problem in the area. Such a review adds more teeth and would require that a developer have a site plan to eliminate drainage overflow.

"There is a prescriptive drainage issue to be addressed by any developer," said Randy McKnight, city administrator. "We have been told that a cistern used to be located there but there is no longer any physical evidence of one."

"The strength to deal with problems is in the ordinance," said McKnight.

Jason Brooks, whose manufacturing business is located next to the proposed development, told the council during the hearing that he had a concern with the construction of an apartment building being constructed by his business which is located in the old Nephi Lumber building.

He said there was a safety issue since there are several daily truck deliveries.

"We operate at all hours and have some dust and some noise," said Brooks. "We have delivery trucks at all hours."

In addition, he said, the business does generate some smell and there may be complaints.

At present, Brooks said, he could not relocate his business.

"We need truck access into the back of our building. We have hauled in shale to keep up the truck area and plan to improve our building," said Brooks. "I need my property zoned commercial."

Most of the concerns, however, had to do with drainage and the resulting surface water which pours into the area.

Ed Malmgren, at the public hearing, said he was not opposed to the zone change but did have a concern that the drainage water should be addressed before construction was allowed.

Danny Olson agreed with that assessment that the drainage should be fixed and added that the corner has a right of way across it and should remain zoned for commercial development.

"You do need to be careful with the drainage problem," said Monte Bailey. His family owns property in the area and he also wondered how the zone change would affect this property.

"Why is 50 West the drawing line?" asked Mike Carter. He wants to put a small business on his property and thought more commercial development would devalue his.

"There will be a lot of water there," said Clarence Phillipsen. The drainage from the state highway passes through the area and two large pipes carry a lot of water to the location.

"We ought to keep commercial development on Main Street," he said.

He also thought that more homes and apartments were unneeded.

"The drainage problem will be addressed in the site plan review," said Brough prior to the council voting in favor of the zone change. "I would like the Gardners to be aware and to understand that the project could be fairly expensive since they will need to take care of the drainage problem."