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Box Elder planning panel recommends approval of Northern Lights Phase 4 preliminary plat with WAPA easement fixes
Summary
The Box Elder Planning Commission unanimously recommended that the City Council approve the Northern Lights Phase 4 preliminary plat, a 49-lot residential phase, subject to stipulations including corrections to a Western Area Power Administration (WAPA) easement shown on the plat and other city plat corrections.
The Box Elder Planning Commission voted unanimously to recommend that the City Council approve the preliminary plat for Northern Lights Phase 4, a proposed 49-lot residential addition, with stipulations requiring corrections to the plat and compliance with city requirements.
Planning staff told the commission the applicant (Indigo Design; contact listed in the transcript as Dane Boomsma, Northern Lights Community LLC) had an earlier approval that expired following inactivity. “They’d started the work on it,” staff said, noting updated county LIDAR images showed earthwork already under way. Staff also said the transmission-line easement formerly shown as 50 feet on earlier plans is actually 75 feet and must be updated on the plat.
Why it matters: the easement width and its recorded language affect setbacks, buildable area and long-term maintenance responsibility. Staff warned that some easement language allows utility access that can complicate lot maintenance and fencing; they also said WAPA requires coordination via a license agreement at closing. “We were notified from them that it was actually a 75 foot wide easement, not a 50,” planning staff said. Staff added that WAPA “requires … coordination of [a] license agreement for all construction through WAPA’s Realty Specialist” and that those details typically appear in title work for affected lots.
Commissioners discussed the long-term maintenance burden when easements cross private lots. One commissioner said requiring a change to the easement location could raise takings concerns; staff replied the city can recommend but may be limited in what it can require regarding ownership or relocation of easement areas.
Motion and next steps: Commissioner Powery moved to recommend approval of the preliminary plat with stipulations that included rezoning specified lots to Moderate Density Residential (R2) at final plat and correction of the plat document per City of Box Elder requirements; Commissioner Erwin seconded. A roll-call vote was recorded as unanimous and the motion passed. The commission’s recommendation will be forwarded to the City Council for its review and final action.
The staff report referenced the 2021 approval for this development (approved with stipulations on 12/16/2021) and noted that some commercial lots from the original plan had already been final platted separately. The commission also required that plat wording reflect the correct easement width and include any stipulations from WAPA about allowed and disallowed uses in the easement area.
