Planning commission backs Dove Creek subdivision but presses developer to complete trail connection

The Nibley City Planning Commission on July 9 recommended approval of the development agreement for the Dove Creek subdivision (Ordinance 26‑22) and approved the subdivision’s preliminary plat, while attaching multiple conditions that emphasize trail connectivity and infrastructure requirements.

Lehi Robert, the city planner, told the commission the proposal is for a 14‑lot open‑space subdivision in an R‑2 zone that was submitted under the previous open‑space code and proposes dedicating roughly 40% of net acreage as open space. Robert said staff supports most of the developer’s plan but flagged two exceptions in the development agreement: a request to alter a planned trail connection where grading, trees and a canal corridor create constraints, and an exception to the city’s half‑acre minimum for individual open‑space parcels (the proposal would create parcels of about 0.44 and 0.83 acres).

"Staff is supportive of granting that exception of that 0.5 acre minimum given adjacent open space and the preferred trail corridor," Robert said, but he added that staff recommends removing Term 11 from the development agreement (the provision that would allow omitting the trail) and instead requiring the trail connection and several improvements — including widening a sidewalk to 8 feet and recording a public trail easement on Mount Vista HOA land — before final plat.

The developer, Ben Johnson, told the commission the applicant requested routing the trail to the northwest corner because grading in the staff‑preferred location would require a retaining wall and other work. "Our engineer put a rough cost on that retaining wall at about $150,000," Johnson said, adding the work would remove trees and diminish the open‑space character the subdivision seeks to preserve.

Neighbors offered mixed views at the public hearing. Some residents urged preserving the open‑space feel and avoiding tree removal and extensive grading; others stressed the benefit of a continuous trail and pedestrian connectivity to Mount Vista and the surrounding neighborhood. Staff noted the master‑plan trail alignment along the subdivision’s north border and said cul‑de‑sac pedestrian connections are required by code.

After discussion, a motion by Commissioner Claire recommended approval of Ordinance 26‑22 with the conditions stated by staff. The planning commission recorded the recommendation and forwarded the development agreement to city council, which has final approval authority.

Separately, the commission approved the subdivision’s preliminary plat with a set of 14 conditions staff listed on the record. Those conditions include: a recorded stormwater maintenance agreement; water‑use calculations and equivalent water shares at final plat; an engineer’s estimate of development costs for bonding; measures to convey overflow from roadside swales to the stormwater pond; additional stormwater analysis for specified areas; roadway improvements (or payment‑in‑lieu where the developer cannot construct the full road); tree‑species selection consistent with city policy; a fenced pedestrian walkway from the cul‑sac; hydrants and clearances; and special restrictions where historic groundwater elevations are within 48 inches of surface (including no basements unless proven otherwise).

The commission voted to approve the preliminary plat by voice vote (recorded as 4–0). Robert told the applicant these items and the development agreement will appear on the next city council agenda for final action.

What’s next: city council will review the development agreement and the preliminary plat package; if council concurs with planning commission recommendations, the trail connection and the listed conditions must be addressed during final‑plat engineering and construction.