Council halts new development south of I-15 for up to six months, citing overloaded water lines; tables seven plats
April 28, 2020, 7:00 p.m. · Held electronically (COVID-19 emergency)
Citing a Horrocks Engineers analysis that water lines south of I-15 would exceed safe velocities, the council unanimously adopted a temporary land use regulation barring new development applications and subdivision approvals south of Pioneer Crossing and I-15 for up to six months, and tabled seven pending plats. Developers including White Horse wrote that they had installed water and sewer lines and were owed about $700,000 in reimbursements. The council also denied an office rezone at 700 North 900 West that neighbors opposed.
From the approved minutes.
Decisions at a glance
| Item | Result |
|---|---|
| Consent agenda: improvement guarantee releases | Approved · 5-0 |
| Ratify payments April 8-21 and purchases over $25,000 | Approved · 5-0 |
| Temporary land use regulation (moratorium) south of Pioneer Crossing and I-15 | Approved · 5-0 |
| Water banking agreement with ABF Real Estate LLC | Approved · 5-0 |
| Land use amendment at 700 North 900 West (denied) | Denied · 5-0 |
| Rezone at 700 North 900 West to PO-1 (denied) | Denied · 5-0 |
| Rezone at 508 S. Storrs Ave. to R-1-9,000 | Approved · 5-0 |
| Seven plats south of I-15 tabled | Tabled · 5-0 |
| Culinary water service connection detail (Section 15.01.1410) | Approved · 5-0 |
| 2019 Municipal Wastewater Planning Program | Approved · 5-0 |
Agenda, item by item
Item CC · Subdivision
Consent agenda: improvement guarantee releases
Approved · 5-0
Approved March 31 minutes and releases: $8,483.48 durability retainer for American Heritage Plat D Phase 1B (736 N. 1100 East); $8,975 for Easton Park Phase 2 (482 S. 860 East); $7,750 for Osmond Retail Plaza (499-541 S. 500 East); $104,739.84 construction guarantee for Timp Hollow Plat C (1070 N. 1100 East).
- Payment$8,483 to American Heritage Plat D developer
- Payment$8,975 to Easton Park Phase 2 developer
- Payment$7,750 to Osmond Retail Plaza developer
- Payment$104,740 to Timp Hollow Plat C developer
Item 1 · Budget
Ratify payments April 8-21 and purchases over $25,000
Approved · 5-0
Ratified.
Item 2 · City code
Temporary land use regulation (moratorium) south of Pioneer Crossing and I-15
Approved · 5-0
Ordinance 2020-04-17 prohibits new development applications and subdivision approvals for up to six months. Mayor Frost read a statement that the city has enough water but pipes to the south cannot carry more, and COVID-19 made funding the upsizing uncertain. Bunker read Horrocks Engineering's John Schiess: with all reviewed developments and no improvements, velocities would exceed 7 feet per second on peak day and 10 at peak hour, well above standards. Projects had been approved assuming a CRA would fund the lines. Taylor and Carroll were reluctant and Shelton criticized putting all eggs in the CRA basket; Sensanbaugher said he had not heard of overdue reimbursements.
Item 3 · Contract
Water banking agreement with ABF Real Estate LLC
Approved · 5-0
Approved.
Item 4 · Zoning
Land use amendment at 700 North 900 West (denied)
Denied · 5-0
Denied changing the northeast corner from Residential Low Density to Professional Office; the Planning Commission recommended denial and all public comments opposed it.
Item 5 · Zoning
Rezone at 700 North 900 West to PO-1 (denied)
Denied · 5-0
Denied rezoning from RA-5 and R-1-12,000 to PO-1.
Item 6 · Zoning
Rezone at 508 S. Storrs Ave. to R-1-9,000
Approved · 5-0
Adopted Ordinance 2020-02-19 (as numbered in the minutes) rezoning from RA-5 and PR-3.0.
Item 7 · Subdivision
Seven plats south of I-15 tabled
Tabled · 5-0
Tabled AF PD South Plat A, AF 10 Plats A-C, Dixie Farms E-1/E-2/F-1/F-2, Lakeland Industrial Park, Stonecreek Plat D, Edgewater North and The Yard Plat A because of the moratorium (approved May 5).
Item 8 · City code
Culinary water service connection detail (Section 15.01.1410)
Approved · 5-0
Ordinance 2020-04-18 clarified the standard detail.
Item 9 · Other
2019 Municipal Wastewater Planning Program
Approved · 5-0
Resolution 2020-04-07R.
What residents said
Development moratorium south of I-15Developer reimbursements for water and sewer linesCommercial rezone at 700 North 900 West
Heidi Rodeback, chair of the Library Board, thanked the city and reported library checkouts doubled during COVID-19. On the moratorium: Mike Hathorne asked whether it could apply to building permits rather than plan submissions; Jake Horan of White Horse Developers said White Horse and Keystone had installed parts of a 30-inch line on 900 West, a 20-inch line on 200 South, storage capacity and over $1 million in sewer improvements and were waiting on about $700,000 in reimbursements, and asked that the moratorium cover only new applications; TOD landowner Ted Frandsen said the city had been playing catch-up and pending projects should be grandfathered. Grant Lefgren submitted a video. Packet comments from residents opposed the 700 North 900 West rezone.