December 1, 2021
Commission Members Present: Kevin Stanley, Ed Newton, Lynn Ingram, Dennis Gardner.
City Council Members Present: Frank Riding
Others Present: Secretary Alicia Hills, Mona City attorney Rob Pattinson, council member Amy Stanley, Kyle Stanley, Joe Webb, Colton Cobbley, Brad Hales, Cliff Hales, Tyler Boswell, Ailene Bassett, Richard Hatfield
Commissioner Lynn Ingram called the meeting to order at 8:04 p.m.
Minutes:
Commissioner Gardner made a motion to approve the executive meeting minutes of September 29, 2021, as written. Commissioner Newton seconded the motion. The vote to approve the executive meeting minutes of September 29, 2021, was unanimous.
Commissioner Gardner made a motion to approve the minutes of October 6, 2021, as written. Commissioner Newton seconded the motion. The vote to approve he minutes of October 6, 2021, was unanimous.
Colton Cobbley - Accessory Building Permit-Shed, 557 South 100 West
Colton Cobbley made application for an accessory building permit for 557 South 100 West. The plans have been approved by the Mona City Building Inspector and all paperwork is complete.
Commissioner Stanley made a motion to forward the Colton Cobbley Accessory Building Permit application to the City Council with a positive recommendation. Commissioner Newton seconded the motion. The vote of the Commission was unanimous in favor of a positive recommendation.
Kelly Lind- Building Permit
Kelly Lind made application for a building permit for 25 West 850 South. The plans have been approved by the Mona City Building Inspector and all paperwork is complete.
Commissioner Ingram made a motion to forward the Kelly Lind Permit application to the City Council with a positive recommendation. Commissioner Newton seconded the motion. The vote of the Commission was unanimous in favor of a positive recommendation.
Mike Keith- MK Estates- Minor Subdivision Application.
The application was not accepted as a minor subdivision because it creates 4 lots instead of 3 lots. Mike Keith's engineer Richard Hatfield was advised that he either need to only do 2 lots or file for a major subdivision. Richard replied that he would visit with his client and get back to the Commission.
Public Hearing: The meeting was opened for public comment at 7:25 pm.
Amy Stanley stood for public questioning. Her questions were how many phases, how many lots will be put in, and how long will it take to be completed. Mr. Hale's attorney replied that there are 7 phases and that Phases 1 and 2 were applied for with 46 lots. Mr. Hales anticipates that it will take several years for completion.
Amy Stanley also asked if there is enough water for all the lots? Mr. Hales replied that he has shares for the irrigation but are one share short for irrigation, so they are close to procurement for irrigation, and they have a contract for culinary water and will purchase it when the preliminary approval is given.
Public Comment was closed at 7:35 pm
Commission Chair Lynn Ingram said that the Commission received a letter from Mr. Hale's engineer Richard Hatfield today which addresses some of the issues that must be met before the subdivision will receive preliminary acceptance. He said that when you calculate out the hours of water necessary to provide to that many homes, their proposal still comes up short. He said that an engineer would need to study this. He also said that the city has not received back the water study from Jones and DeMille which was sent to the state water engineer. He also said that they are concerned about the 10-inch water line that comes under the freeway for culinary water. Will it be able to service all 46 homes on top of the current homes? For those reasons the commission would not grant preliminary approval tonight.
Richard Hatfield questioned the 10-inch line since the City's master water plan says that there is a 12-inch line running under the freeway. Lynn reported that because of Mona's water tank project that is going on, Chad Philips recently the water line was exposed above the freeway and verified that it is a 10-inch line going under the freeway. Richard requested for an extension to refigure his plans based on the new information.
Hale's attorney reported that with this new information and information that still needs to be acquired, that they should not be denied. He requested to push forward and approve the preliminary application with contingencies.
Hale's attorney requested that a meeting be put together (similar to a DRC) to sit down and talk and work out problems and make sure that there is some progress. They are not able to solve the water issues during a once-a-month planning meeting and would like a meeting to collaborate and get ideas on how to fix the problems. Commissioner Ingram said he could look into having a meeting to discuss these things.
Hales attorney requested an extension of the time to work with the city and get all the information answer the questions that have been given, as well as time for the engineer from the state to get their information back to the Planning and Zoning Council. Lynn's reply was that the waterline size was given from the very beginning. Richard Hatfield replied that he was going off the engineer's study and couldn't provide an accurate plan when the master plan says that the line going under the freeway is a 12-inch line.
Commissioner Ingram asked about the irrigation, to which Hales met with several of the members of the South Field Irrigation Company and gave the idea of putting in a pond on the other side of the freeway to feed irrigation. He requested preliminary approval with contingencies. He also requested an extension of the timeline for the application.
Richard questioned whether the city would be interested in going in together on the irrigation and upgrading the system. Lynn said the commission will discuss and work on this.
Rob Pattinson, Mona City's attorney was asked to give information. He said that the commission's job is to accept applications and make sure that those applications meet Mona City's code. If the applications are denied and if it does get to an appeal, what would be looked at by the court is whether the commission followed the law and the City's ordinances and was there a reasonable basis for their decision. He suggested that if there is more information that needs to be presented, that an extension be granted. He also stated that a preliminary application is very preliminary in nature, and any conditions put on it will be 'hard and fast' conditions that planning and zoning commission will need met before a final application can be approved. It would help the applicant to understand what the commission is looking for and helps the commission to get all the information that they need.
Hale's attorney argued that Mona Code is vague about when water is required and that it does not state that the 5 out of 7 days of water is not required until the building permit. But he stated that Hales would like the issue solved before they go forward with their plans, so they are willing to work with the city to overcome these problems and get the water issues resolved.
Commissioner Ingram stated that if the board agreed, they could entertain the idea of an extension to have the time to make sure the everything is correct for the interest of the city and of the developer. The commission would entertain a conditional approval but was not ready to give that fully because the terms and conditions could not all be outlined that night.
Hale's attorney requested to schedule a time in January to meet and then meet again at the February planning and zoning meeting for approval. He requested an extension until February 3rd.
Dennis Gardner made motion to table the application and meet in January for collaboration on water issues with an extension until of Feb 3rd. Kevin Stanley seconded the motion. The vote of the Commission was unanimous in favor to table the application and meet in January for collaboration with an extension until of Feb 3rd .
Public Hearing: Update revision to Title 11 Subdivision Ordinance- Open Space
9:30 pm
City council member Amy Stanley presented an update to the Title 11-4 Subdivision Ordinance to include open space when land is developed. The land would be dedicated to the city, and they would maintain it.
Rob suggested implementing a park impact fee to maintain the open space. It would be for a major subdivision with 8 homes or more.
Commissioner Kevin Stanley motioned to accept the update to the Title 11 Subdivision Ordinance, Commissioner Gardner seconded the motion. The vote of the Commission was unanimous in favor of a positive recommendation.
Commission Chair Ingram gave information from a previous meeting held by the Juab County Planning and Zoning commission. They are making an update to the way they handle subdivisions on the outside of municipalities. Nephi City is having some concerns on the size of the subdivisions and commercial areas that are being put in and how they will be able to provide utilities to them. In turn, county planning and zoning has asked the cities to provide a map of the roads in their city and growth areas.
Adjournment
Commissioner Gardner made motion to adjourn the meeting at 9:50 pm. Commissioner Stanley seconded the motion. The vote to adjourn the meeting at 9:50 pm was unanimous.
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Lynn Ingram, Chair Alicia Hills, Secretary
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during the meeting should notify the city recorder 435-623-8246 at least 48 hours before the meeting.