Heber City is rethinking an update to its stormwater master plan for the North Village area after discovering planned embankments may pose a risk to human life during a severe and improbable flood.

The North Village Overlay Zone constitutes several developments north of downtown. These include the 8,000-acre community Jordanelle Ridge on the east side of U.S. 40 and The Slope on the west side. The latter, 39-acre development broke ground in April in the North Fields, a freshwater wetland area that has been used as agricultural land for generations.

The stormwater master plan exists in part to protect these developments, which are in the path of stormwater runoff, from debris flows, also called mudslides.

An update to the plan would have included several embankments designed to hold stormwater runoff. 

City engineer Russ Funk said Utah Division of Water Resources representatives indicated that the largest of these embankments, planned for near Coyote Canyon Parkway, would likely be classified as a high hazard dam, and several other embankments would also likely be classified as high hazard — meaning it poses a risk to human life if the dam fails. 

Funk had anticipated the embankments being classified as moderate or low hazard.

High-hazard dams must be engineered to endure the maximum probable flood, the largest flood that could physically occur in the area. Maximum probable floods are astronomically unlikely.

In the North Village, the maximum probable flood would have a discharge of 1,200 cubic feet of water per second.

The embankment near Coyote Canyon Parkway is designed to handle a 100-year flood, a flood with a 1% chance of being equaled or exceeded in a given year. That means the embankment can handle a flood with a discharge of 160 cubic feet of water per second.

“Is (re-engineering and constructing the dam to handle 1,200 cubic feet per second) even feasible without completely cutting out another big, huge section of the mountainside there?” Funk said. “Is there a way to do it? Probably. Is it going to be expensive? More expensive than it would have been if it was moderate.”

North Village developers would build the embankments and be reimbursed by the city, which would own the embankments and be liable if they failed. 

“This is a real risk to the city, putting these dams above the city,” said City Manager Matt Brower. “Santa Clara, Utah, in (2012), had a failure of a dam similar to that. It flooded a third of their historic downtown, causing damage to all those properties within it.”

There is currently no risk to human life in the North Village area because these embankments have not been built.

These embankments were designed in response to public outcry about letting stormwater flow to the North Fields.

Stormwater in the area has historically flowed southwest to the North Fields from higher elevations on hillsides on the east side of U.S. 40. 

“Prior to the valley being developed and farmed … you can see (from) the natural topography (that) when a big storm would come, it would direct water down these natural drainages (and) would make its way through the North Fields to the Provo River,” explained Funk.

The construction of the Timpanogos and Wasatch canals in the late 1800s altered the flow of stormwater runoff, and the construction of U.S. 40 in the next century further changed it. 

That’s why most stormwater runoff does not flow into the North Fields like it once naturally did, Funk explained.

During the two-year process between 2020 and 2022 to develop the first stormwater master plan for the North Village, Funk and city staff pitched the idea of allowing stormwater runoff flow into the North Fields, which received significant public opposition.

That’s because there are two kinds of stormwater runoff, natural and developed, the latter having been polluted by flowing through roads and development. Both types would have been permitted to flow into the North Fields.

The city then devised a plan that separated natural and developed runoff, allowing only natural runoff to flow to the North Fields. 

Both kinds of runoff would first be detained at basins. Developed runoff would be treated and retained. Natural runoff would seep into the ground.

Any natural runoff that did not infiltrate the ground would be released into the North Fields. But that plan also received pushback from the public, Funk said. So, the city came up with the idea to hold the leftover natural runoff in embankments, the high hazard dams in question.

These embankments would be about 25 feet tall and would have significant aesthetic impacts.

The Division of Water Resources has not yet officially classified the hazard levels of the dams. Funk hopes they are ultimately classified as moderate or low hazard. In that case, the city would likely stick with the current plan.

But if any of the dams are high hazard, Funk would like to return to the design that permits leftover natural runoff to flow into the North Fields instead of being retained. 

City councilors did not vote, but all were amenable to the idea because natural runoff has historically flowed to the North Fields, and developed runoff would not be permitted to flow there.

How long it might take to work out the kinks in the North Village stormwater plan is unclear. 

For Franco, the fiasco represented “the cost of doing business” in “sensitive land areas” like the North Fields.

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Ensuring that almost 2,200 acres of the 8,000-acre, master-planned Jordanelle Ridge community remain open space in perpetuity has been an ongoing negotiation between developer Mike Bradshaw, Heber City and Wasatch County for the past several months. But the discussion now seems to be making some headway after a standstill since September.

At that time, the Heber City Council approved a conservation easement that would allow the Jordanelle Ridge Homeowners Association to own and maintain the open space, with Heber City and Wasatch County having step-in rights to ensure the terms of the easement were being met.

Critics, including Heber City Mayor Heidi Franco and Summit Land Conservancy CEO Cheryl Fox, argued this was not a true conservation easement because a third-party land trust did not hold it. They added that placing the easement in the HOA’s hands gave it the power to close the open space off from the public if it wished.

The City Council sent the conservation easement to the Wasatch County Council for final approval, but it has instead gone through rounds of revisions in council subcommittees. 

The developer provided a list of conditions on Jan. 6 if it entered into a conservation easement overseen by a land trust, which were then discussed by the city and county councils.

Bradshaw’s conditions include that Wasatch County and/or the Wasatch Open Lands Board pay for all costs associated with establishing the land trust and that Wasatch County and/or a land trust be responsible, including fiscally, for the maintenance, management and care of the trails on the open space.

While Summit Land Conservancy is currently only acting as an advisor on the easement, Fox shared the nonprofit’s annual budget is north of $30 million and that it was “prepared to put our fundraising efforts (toward helping) with this project.” 

The developer also insists that Jordanelle Ridge retain the right to install “any and all necessary infrastructure for development,” such as water tanks, storm flow basins, underground utility transmission lines and access roads, with only the approval of Heber City, not the county or land trust.

That point raised some eyebrows on the County Council. But Kate Sattelmeier, vice president of conservation and counsel for Summit Land Conservancy, reassured councilors that it was a condition that could be worked with. 

She advised adding a provision to the terms sheet requiring Jordanelle Ridge to notify the land trust of major infrastructure projects in the open space area, which would allow the county or land trust to reroute any affected trails, for example.

“We hold easements over several public recreational places where there’s been significant construction work,” she added. “It takes some flexibility on both sides. It takes some communication on both sides. But I don’t think it should be a barrier.”

County Deputy Attorney Jon Woodard pointed out the term sheet points to the sole purpose of the conservation easement as maintaining access to recreation, a much different intent than what the county had in mind.

“The draft agreement that we’ve been working on says that the purposes of the easement (are) to protect wildlife, habitat, natural vegetation, maintain the scenic quality of the mountainside as undeveloped, natural open space and provide public recreation and public access for enjoyment of the property. So, that all is gone and replaced by ‘recreational purpose,’” he said.

The purpose of the easement was further muddied when City Councilor Aaron Cheatwood asked for a definition of recreational purposes that would hold up in perpetuity. He listed mountain bikes and e-bikes as examples of how recreation has changed over time and pointed to motorcycles as a hypothetical favored outdoor activity of the future.

While Fox clarified that many of Summit Land Conservancy’s conservation easements specify vehicles used on trails must be human-powered, Sattlemeier acknowledged that Cheatwood’s question was difficult to answer.

“One hundred years from now, if nobody’s walking around anymore and everybody’s on motorcycles, maybe then, it’s different,” she said.

“And in that case, you’re saying that there is an opportunity for everybody to come to the table and say, ‘Listen. We’ve all atrophied. Our legs don’t work anymore. We can’t get out of our chairs anymore,’” Cheatwood jested.

Franco, who serves as chair of the Wasatch Open Lands Board, said these kinds of roundabout conversations are typical when negotiating conservation easements. 

“These are the years of discussions that happen to get that easement to where the property owner says, ‘Yes, I’m good with that,’ and the conservation values are protected. Everybody’s on board with what’s in the final document before it’s signed, sealed and delivered,” she said.

While Woodard mentioned that Bradshaw was worried about getting “mired in bureaucracy,” the Jordanelle Ridge conservation easement will take further dialogue.

Although the City Council did not take a vote, all members except Mike Johnston supported going forward in further discussion with the developer and the county. 

Johnston was concerned that the easement could place a fiscal burden on Wasatch County and Heber City that could have been borne by the Jordanelle Ridge HOA. He added that the desire to involve a third-party land trust came down to a lack of trust in elected officials.

“We have two parents, Wasatch County and Heber City, who generally work together,” Johnston said. “And I’m not really sure I want to give my parental rights to a babysitter.”

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The 355-unit Fitzgerald Annexation within the Jordanelle Ridge subdivision planned for recently annexed northern parts of Heber City caught lots of criticism but ultimately City Council approval, however grumpily.

Planning Consultant Aubrey Larsen gave councilors a rundown of the project Tuesday in which she clarified there wasn’t any planned open space and that 18 of the units were to be affordably priced, 303 of the dwellings will be townhomes, and 52 will be single, detached homes.

“There’s a few things I remember talking about at annexation, and I’m not sure that they’ve been addressed,” Councilor Mike Johnston said.

He asked where townhome visitors are supposed to park.

Project developer Mike Bradshaw said each unit will have provided parking spaces, but Johnston wasn’t thrilled with his answer.

The roads, Johnston said, are too narrow for people to park and he didn’t see any guest stalls on the plan.

“I’ve tried to go up to what you’ve just built, which I think is great,” he said. “Except there’s no way to get to park and there’s no way to get to a front door on many of these units.”

He was worried about too many units with too little parking.

Bradshaw said it had been a challenge “not creating all these big additional parking fields.”

“Our concern is to make it pedestrian-friendly,” he said. “The guest parking stalls in the existing subdivision, frankly, are constantly being used by the existing residents, not people visiting. So it’s that constant challenge of people not using their garage for what their garage is intended for.” 

Councilor Aaron Cheatwood and Mayor Heidi Franco agreed with Johnston’s concerns, saying that if people resort to parking on the narrow, private roads, snow removal would become difficult.

Moreover, the mayor added, if the townhomes are priced near the $800,000 mark like similar townhomes in the vicinity, they will likely be bought by residents who can afford not only commuting vehicles but side-by-sides and other fun toys.

“We granted density for this,” Johnston said. “The expectation is we’re going to give you density, but what turns out has got to be really good. … There are places where you ought to take out a unit and put in a couple of public parking stalls, just because that’s the right thing to do.”

Bradshaw maintained that no matter how many more stalls are put in, they will all be filled. Johnston told him it’s a homeowner association’s job to regulate that.

Johnston also wasn’t entirely impressed with the amenities offered by the community.

“You very much assured me that you would fit into here play yards, playgrounds, tot lots,” Johnston said. “You assured me at annexation, and we didn’t put it in an agreement because you assured me you would make room for that.”

While he saw some such places on one side of the community’s planning map, he found the half side relatively barren.

“It’s not fair to ask people to take their 2-year-old down to the city park every time the 2-year-old wants to go outside,” Johnston said. “These people don’t have yards. This is important to me and you assured me that would happen at annexation.”

Bradshaw assured him he understood.

Johnston continued to make sure certain trails were correctly in place and neighboring plat owners would be able to own certain public roads.

Councilor Sid Ostergaard agreed the plans could use more parking and parks for people to enjoy the community.

“I like the pedestrian access,” he added. “We need more of this.” 

Despite the illicit parking that he thought would likely take place, he said he was a fan of the small streets and supported the pedestrian-friendly outlook.

Cheatwood largely agreed with criticisms from Johnston, though he was “slightly more blunt.” 

“When I look at it, it looks like what happens at the end of loading a moving truck,” he said. “You have 10 boxes left and you’ve got to figure out some way to fit them in there. And you made it happen, but dang if there’s not any space at all left.”

He said he’s not anti-density, but an advocate for responsible density.

Bradshaw said that the subdivision’s master development agreement with the city would allow them to shift homes around to provide space for parks.

“In the end of the day, as we go to the final, we’ll tweak through this and we’ll address these comments,” he said. “It’s probably going to cause us to reduce a few units.”

Cheatwood also commented on how the affordable units were “significantly skinnier.”

To provide housing for individuals who make 60% of the community’s area median income, Bradshaw explained, they had to cut the size down to 1,100 square feet.

“It will be noticeable,” he said.

Cheatwood said he’d prefer affordable housing to be built in a way that would allow someone who moves into an affordable unit with the same square footage as their neighbors, a way that could cost the developer profit and not reduce the actual value of a home.

Still, he expressed appreciation for the plans that were presented.

In order to make the units catered to individuals at 60% AMI an equal size, City Planner Matt Brower chimed in, they would need to renegotiate the affordable housing agreement with the developer and would likely end up with fewer affordable units overall. 

“There’s still a cost, the cost to build it,” Bradshaw said. “We’ve at least demonstrated to you that we can apply.”

Each council member in attendance — Cheatwood, Johnston and Ostergaard — voted in favor of approving the plans with their mentioned stipulations. 

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