Nibley planning commission backs developer’s amendment to Apple Creek subdivision, with canal and council approvals still required

The Nibley City Planning Commission recommended approval on Aug. 7 of Ordinance 25-29, a development-agreement amendment to Apple Creek Subdivision Phase 1 that would subdivide Lot 35 to create one additional building lot, reconfigure the subdivision’s conservation area and allow several deviations from existing subdivision rules.

The recommendation, approved 5-0, came after a staff presentation, a statement from the property owner and a written public comment read into the record. Staff told commissioners the proposal increases total conservation area by about 0.67 acre while also creating two building lots (Lot 36 and Lot 37) and converting the old Lot 35 into a single conservation lot.

Levi, a staff member who presented the project, said: "Staff's recommendation ... is to recommend approval, both the development agreement and the preliminary plat." Levi also flagged three exceptions that require legislative approval: (1) modifying the recorded conservation-easement boundary so part of the formerly conserved parcel becomes buildable, (2) allowing Lot 37 to be a flag lot that does not meet the subdivision’s minimum frontage, and (3) permitting a reduced pavement standard on the flag-lot access drive (an exception to the flag-lot asphalt requirement).

An email from nearby homeowners Bridal and Paul Parker was read into the record…