Resident seeks to split 3.75-acre parcel; authority outlines frontage, utilities and SRC process

A resident told Emery's land-use authority that they own about 3.75 acres at 2.7 North 200 West and want to divide the property into three parcels while retaining an orchard on the front lot.

The moderator, who identified themself as representing the town council but not as a voting member of the land-use body, read relevant sections of the town's development and subdivision rules and told the applicant the commission's Subdivision Review Committee (SRC) must schedule a pre-application meeting within 15 business days of a request to review concept plans and provide feedback.

"The land use authority shall schedule a meeting within 15 business days after the request," the moderator read, and noted the SRC is composed of "the mayor or the mayor's representative, the planning commission's chair or designee, and the town clerk." The moderator also said the SRC may approve administrative land-use decisions that conform to the code without town-council approval.

The meeting focused on whether the proposed split could qualify as a simple lot subdivision. The moderator read the code's standard allowing a property to be divided into two or three lots without recording a plat only "provided that all proposed lots or parcels front a dedicated public street" and comply with zone standards. If a proposal does not meet those criteria, the applicant may have to pursue a formal subdivision or obtain a conditional-use permit.

The applicant described site-specific complications: fence lines and on-the-ground boundaries that differ from county plat maps and an easement to the west that affects the rear parcel. "I have, 3.75 acres ... I want to make 3 lots out of it," the applicant said, adding they want to keep the orchard as one lot and create a lot for the house and a rear lot for future use.

Panel members emphasized two practical constraints likely to control approval: frontage/access and utilities. The moderator read that "simple lot subdivisions shall not be approved until such time as the applicant provides utility hookups to each proposed lot or parcel" and said sidewalks are not initially required with the application but must be installed prior to issuance of occupancy permits.

Participants advised the applicant to contact the special service district about water and sewer connections. The moderator said town staff would call the district to determine feasibility and costs: if the district can run service the district will do so, but the applicant may be responsible for fees or required on-site runs to reach the main.

As an interim option, the applicant proposed a title-company conveyance for one parcel as a practical way to split the property while technical questions about utility connection and legal descriptions are resolved. Commissioners suggested the applicant could pursue a title split if the town has no formal objection but recommended confirming utility availability first.

The moderator also urged the group to take a training session offered by a regional land-use group before making policy or procedural changes. The moderator said they would circulate the presenter's materials and the applicable development-code excerpts.

The meeting closed after a motion to adjourn was made and seconded.

The authority did not take a formal vote on the parcel application at this meeting; staff follow-up with the special service district and a pre-application meeting before any SRC determination were the next steps mentioned.