The Grantsville Planning Commission on Tuesday tabled consideration of the preliminary plat for the West Haven PUD subdivision after public comment and staff presentations highlighted a continuing disagreement over the Cherry Street right-of-way and whether adjacent property must be acquired or the city must later use eminent-domain authority.

Planning staff summarized the project history, saying the PUD was approved on March 20, 2024, a master development agreement required a 60-foot Cherry Street right-of-way and that staff’s review found the required right-of-way “has not yet been secured.”

The commission’s action came after adjacent property owners urged caution. Kevin Jensen, who said he is an adjacent landowner, told the commission he had been required to “finish Cherry Street” when he developed his property and that he was concerned the current developer would not be held to the same standard. Jensen said the developer’s package mentions acquiring land from adjacent owners but “there’s nothing as far as how much land and how that's gonna work.”

Holly Jones, who identified herself as representing the Butler family (the applicant/owner interest), told the commission the Butlers did not plan to construct Cherry Street as part of the subdivision. Jones said the Butlers and their engineers offered to pay for engineering and “gift the city the land for Cherry Street,” and that they had proposed the PUD so they would not be required to re-engineer parcels they did not intend to develop. “We were giving a gift to the city,” Jones said.

Staff noted technical problems with the existing alignment and elevations: the development lies within an AE flood zone and review identified an approximately 12-foot elevation difference where a retaining wall would be needed if the present alignment were built. Staff also highlighted the master development agreement language requiring a 60-foot right-of-way at the east end of Cherry Street as a precondition to preliminary-plat approval.

Commissioners and the applicant debated who bore responsibility for buying or dedicating the additional land needed to reach 60 feet. Jones said the Butlers planned to dedicate Cherry Street to the city at platting but had not purchased additional adjacent parcels; staff said the agreement required the 60-foot right-of-way and that the city had not yet received it. A resident warned that similar prior changes had nearly produced litigation.

After discussion the commission voted to table the preliminary-plat application and asked staff, the city manager and the city attorney to meet with the applicant and return with clarifying documentation and options. The motion to table carried on a voice vote, recorded as “Aye.”

Why it matters: The Cherry Street alignment and right-of-way dispute affect adjacent property owners’ expectations about required improvements, potential future city costs, and whether the city will eventually need to acquire land to complete an arterial connection. The PUD and master development agreement already in the record make the issue largely one of implementation and title acquisition rather than rezoning.

Next steps: Staff told the commission it would convene a follow-up meeting—likely a short, off-agenda technical review—with the applicant, the city manager and the city attorney before bringing the plat back for action.

Details from the record: Planning staff provided a timeline showing the PUD approval on 03/20/2024, planning-commission approval of a negotiated development agreement on 09/19/2024 and council approval on 10/02/2024; the preliminary plat application was received January 10 (year in file), and staff’s engineering review was completed before the commission meeting. The staff record noted floodplain (AE zone) constraints and that the alignment as drawn would require a retaining wall along the southern adjacent property.