The Nibley City Planning and Zoning Commission has scheduled an agenda for a meeting on Thursday, July 30, 2026, at 6:30 PM MT. According to a July 22 document, the meeting will focus on a development agreement for the 4150 Hollow Road Subdivision, a proposed two-lot standard subdivision.
The proposed development, located at 4150 S Hollow Road, involves a 1.8-acre parcel owned by Michael and Marie Rigby. The project seeks to divide the existing property into two residential lots.
During the preliminary review phase, Nibley City staff informed the applicants that they were required to construct curb, gutter, sidewalk, and a parking strip along the entire frontage of the property on Hollow Road. However, an advisory opinion from the Utah State Office of the Property Rights Ombudsman issued on May 7, 2026, concluded that this requirement constitutes an unlawful development exaction.
The Ombudsman's opinion stated that because the subdivision creates a net impact of only one additional residential lot, the City may only impose exactions that offset the specific impacts of that single new residence. The opinion noted that the City cannot require developers to bear a broader public burden beyond the immediate impact of the proposed development activity.
Staff has recommended approval of Ordinance 26-11, which would grant an exception to Nibley City Code 21.12.050(D). Under this recommendation, the developer would not be required to construct sidewalks, curb, gutter, or park strip improvements along the entire frontage. Instead, the applicant would be required to pay a fee-in-lieu of these improvements in accordance with NCC 21.12.050(D)(3).
This fee-in-lieu would allow the City to utilize the funds to complete improvements at a future date if they become necessary, ensuring the cost is borne by the developer rather than the community at large.
The meeting will be held at Nibley City Hall, 455 W 3200 S, Nibley, UT 84321-6337. Public comments intended for the Commission should be submitted to talonb@nibleycity.gov by 5:00 PM MT on the Wednesday preceding the meeting. The public may also observe the proceedings live via the YouTube link provided on the Nibley City website.
