Present:
Members: J. Lee Bertoch, Chair
Connie Pavlakis
Von Brockbank
Brandon Nielsen (arrived at 7:04 p.m.)
Excused: Brad Peterson
Johnny Loumis, Jr.
Others: Grant Crowell, City Planner/Economic Development Director
Alan Peters, Associate Planner
Jennifer Robison, Associate Planner
Gai Herbert, Community Development Secretary
BUSINESS MEETING
Planning Commission Chair J. Lee Bertoch called the meeting to order at 7:00 p.m.
1. Roll Call, Invocation, and Pledge.
The following members of the Planning Commission were present: J. Lee Bertoch, Connie Pavlakis, Brandon Nielsen, and Von Brockbank.
Nate Shipp offered the invocation.
Brandon Nielsen led the Pledge of Allegiance.
2. Public Comment.
Chair J. Lee Bertoch thanked the staff for their outstanding work.
3. Approval of Minutes from the May 21, 2013, Meeting of the Planning Commission.
Connie Pavlakis moved to accept the minutes from the May 21, 2013, meeting of the Planning Commission. Von Brockbank seconded the motion. Vote on the motion: Connie Pavlakis-Aye, Von Brockbank-Aye; Brandon Nielsen-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
4. PUBLIC HEARING/CONSIDERATION/VOTE on a Proposed Zoning Ordinance Text Amendment to Section 12.8 (Site Plans), Requiring Fencing when the City Staff, Planning Commission, and/or City Council Determines that a Hazardous Condition May Exist. City of Bluffdale Planning Commission, Applicant.
Associate Planner, Alan Peters, presented the staff report. It was noted that the need for the proposed text amendment made itself manifest on May 7, 2013, during the Planning Commission’s public hearing, consideration, and vote on 4 Independence, LLC’s proposed amendment to the Heritage Industrial Park Phase 4A Subdivision, affecting Lot 401. The Planning Commission had substantial safety concerns because the property included a future LDS Seminary building proposed near an industrial site. Mr. Peters explained that currently the City of Bluffdale’s Site Plan Ordinance does not include any provision requiring fencing or that specifically allows staff, the Planning Commission, or the City Council to require fencing to obtain site plan approval if a hazardous condition exists. The Subdivision Ordinance does allow provisions to require fencing if a hazardous condition exists, but the Site Plan Ordinance does not. The proposed language essentially takes the verbiage from the Subdivision Ordinance and adds it to the Site Plan Ordinance.
Mr. Peters reviewed the proposed language, as follows:
12.8.6.1 Fencing
Each applicant shall be required to furnish and install fences when the staff, Planning
Commission, and/or City Council determine that a hazardous condition may exist. The fences shall be architecturally compatible with the buildings and other improvements within the surrounding area, shall be constructed according to standards found in the zoning ordinance, and shall be noted as to height and material on the site plan. Where chain-link fencing is preferred, it shall be dark vinyl coated. No Certificate of Occupancy shall be issued until the fence improvements have been duly installed.
City staff added language regarding the design of the fence and the requirement that chain link fences be dark vinyl coated. Mr. Peters displayed photos of vinyl coated fences. Mr. Peters enumerated scenarios in which vinyl covered fences would be used.
In response to Commissioner Pavlakis’ request for clarification on the phrase “shall be constructed according to standards found in the zoning ordinance,” Mr. Peters explained that there are requirements in the zoning ordinance in the supplementary provisions section. He then added that the requirements are in the Land Use Ordinance. There are different requirements regarding height requirements and material for fences in residential and commercial areas.
In response to Chair Bertoch’s question regarding the requirement to use dark vinyl, Mr. Peters stated that most vinyl coated fences are available only in dark colors, predominantly black, brown, and green. City Planner/Economic Development Director, Grant Crowell, added that dark fences blend in better with their surrounding environment. Mr. Crowell also stated that the City has very few architectural standards in the zoning ordinance. Mr. Peters indicated that an uncoated chain link fence is not as attractive as a vinyl coated fence. In addition, vinyl coated fences are more durable and do not rust.
Commissioner Pavlakis shared her opinion that text amendments to the City Code should be simplified so that they are easy to follow. She was concerned with the vagueness of the phrase “the zoning ordinance.” Mr. Crowell clarified that there is only one zoning ordinance with one of the chapters entitled Supplementary Provisions. Mr. Crowell stated that in a perfect world the City would rewrite the entire Zoning Ordinance because it’s a relic and it is poorly written in many cases; however, it is unlikely the City will ever get to that point. He noted that it would take a year to completely rewrite the document. Commissioner Pavlakis inquired about the potential or feasibility of putting the standards in the ordinance or at least citing the specific ordinance as a point of reference. Mr. Peters stated that there are several paragraphs in that section, so it would not be feasible. It might be too much to cut and paste, but the section could be referenced. Mr. Peters indicated that Commissioner Pavlakis had made a good suggestion and he agreed to implement it.
Mr. Crowell stated that if requirements are to be tied to the Code, thereby replicating the language from the Subdivision Code, it may be advisable to re-notice the proposal and bring back the Subdivision Fencing Code if the language in that code is going to be changed to be consistent. Commissioner Brockbank noted that this issue is not urgent, so action could be delayed, if necessary.
Chair Bertoch asked if the proposal needs to be tabled. Mr. Crowell stated that if the Planning Commission wishes to include changes to the Subdivision Ordinance, the process would need to be noticed so that a public hearing could take place. Another option was for the Planning Commission to move forward with this part and bring the other back for consideration. The text amendment currently being proposed does not exist and could be voted on tonight. Commissioner Pavlakis suggested the Planning Commission move forward with the proposed text amendment. The Subdivision Ordinance could be considered at a future meeting to bring it up to date.
Chair Bertoch opened the public hearing. There were no public comments. Chair Bertoch closed the public hearing.
Connie Pavlakis moved to forward a positive recommendation to the City Council for the Text Amendment for Fencing Requirements at Site Plan approval, Application 2013-31, subject to the following condition and findings:
Condition:
1. That the proper zoning ordinance reference be added to the text amendment.
Findings:
1. That the proposed amendment addresses possible hazardous conditions more thoroughly than the existing City Code.
2. That the proposed amendment will not be detrimental to the health, safety, or general welfare of persons of property within the community.
Von Brockbank seconded the motion. Vote on the motion: Connie Pavlakis-Aye; Von Brockbank-Aye; Brandon Nielsen-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
5. PUBLIC HEARING/CONSIDERATION/VOTE on a Proposed Site Plan for a Filter Press Building to be Located at Geneva Rock, 15800 South 900 West. Geneva Rock Products, Inc., Applicant.
Mr. Peters presented the staff report and explained that Geneva Rock is requesting site plan approval for a new 6,000-square-foot building to house a filter press at their existing Mt. Jordan Pit. Mr. Peters identified the property on a map and stated that it is accessed from Pony Express Road and an interior road. Mr. Peters next reviewed the site plan provided by the applicant and noted that the building site is very small.
Mr. Peters indicated that the filter press is needed because Geneva Rock is changing the way they process rock. The filter press is considered ancillary to the existing use, so the land use has not changed. The intended use of the building meets the zoning. In addition, the parking and access will remain unchanged. Typically, staff could approve the proposal; however, the applicant is proposing no landscaping and the building is 35’2” tall, which is two inches over the maximum allowable height. These two conditions require the approval of the City Council and, in the case of the height of the building, the approval of the City Fire Chief. The Fire Chief has indicated that he has no objection to the proposed height of the building. The SG-1 Zone requires landscaping for all the areas of the property not covered by parking or buildings. The sand and gravel pit is 250 acres in size and the applicant has no plan to include landscaping. The ordinance allows an alternative method of landscaping, pending City Council approval.
In response to Commissioner Pavlakis’ question on the extra two inches being proposed, Mr. Peters explained that the two additional inches reflect the highest point of the building itself. The roof access rail is not included in the height.
In response to Chair Bertoch’s question regarding the roof access, Mr. Peters indicated that it is on only one end of the building.
In response to Commissioner Pavlakis’ question as to whether or not tests for stability have been conducted where there has been a lot of digging, Mr. Peters did not know whether or not the tests were conducted; however, the building permit application process requires a geotechnical analysis.
In response to Commissioner Nielsen’s question regarding the existence of a fire hydrant and a fire suppression system, Mr. Peters explained that an inspection of the site by the Fire Chief indicated that there might be a water source that is easily accessible. Efforts will be undertaken to ascertain whether or not a fire hydrant can be placed in that location. The Fire Chief has indicated that if a fire hydrant is not possible, the material of which the building will be made would minimize fire risk and not require a sprinkler system or fire hydrant. In response to Commissioner Nielsen’s question regarding the zoning requirements for fire hydrants, Mr. Peters indicated that he did not know the answer. He stated that the Fire Chief considers issues of fire risk and fire suppression as part of the site review and approval process.
Commissioner Brockbank sought to clarify that the filtering system involves water and that nothing flammable is used in the process. Mr. Peters indicated that he would have to defer that question to the applicant. Commissioner Brockbank indicated that if there is nothing flammable in the building, a fire hydrant would not be a major issue.
Chair Bertoch’s biggest concern was dust, which he did not expect to be a significant problem.
Chair Bertoch opened the public hearing.
Scott Folsom gave his address as 2525 East Deer Creek Way, Springville, UT, and identified himself as a representative of Geneva Rock.
In response to Chair Bertoch’s request to have the filter press process explained, Mr. Folsom stated that Geneva Rock is striving to be green. The process is a more efficient way to deal with the water, which is used extensively when washing the materials to get the right kind of aggregate in the sand for its different purposes. Mr. Folsom then explained how the process takes place. Dirty water goes through pumps and the system extracts the water so that it can be recycled. The remaining material is placed in a suitable location. In response to Chair Bertoch’s question as to whether or not the process creates dust, Mr. Folsom indicated that it does not. The system is designed to slow the flow. The process has been developed per the guidelines from the Mining Safety and Health Administration (MSHA) and will result in a safer way to handle the material. There will still be some ponds, but they will be limited. The operation will be safer because of their location and the geotechnical issues that need to be addressed, such as an earthquake.
In response to Chair Bertoch’s question about whether or not the filter press will increase truck traffic, it was stated that there should be no increase in traffic.
Commissioner Brockbank inquired about the way the material will be directed into the pump. Mr. Folsom stated that the material is piped in.
Wayland Ludlow gave his address as 3292 North 700 West, Lehi, UT, and identified himself as a representative of Geneva Rock. Mr. Ludlow stated that he oversees all asphalt operations at Geneva Rock. He is also a Licensed Professional Engineer. Mr. Ludlow stated that on the east side of the highway there is a wash plant, which creates the concrete sand and the concrete aggregate. The slurry is piped under the freeway, so the current process is not being changed; instead, it is being enhanced because of new technology that is available. Impoundments are common in the mining process and can typically run from 70% water to 30% solid although it varies, depending on the type of material being washed. They take up a lot of area and can create dust because of the drying process. On the other hand, the purpose of the filter press is to help mitigate impoundments by taking the slurry water, filtering it, and allowing for recycling of the water or for evaporation to take place. The pumps remove the 30% solvent from the water and turn it into a “cake.” The cake can be compacted and transported and is therefore much easier to manage than the open air ponds. The filter press will not replace all of the ponds; however, they are much safer. The long-range plan is to add to the building.
In response to Commissioner Brockbank’s question as to whether or not flammable material will go into the filter press building, Mr. Ludlow stated that the process is not related to asphalt. Engineered backfill is very clean and could be used in many other instances.
In response to Commissioner Pavlakis’ question regarding the power source for the plant, Mr. Ludlow indicated that Rocky Mountain Power will provide power to the facility, which is all electrical. The agreement with Rocky Mountain Power was already in place.
Chair Bertoch next inquired about potential noise from the facility. Mr. Ludlow indicated that the filter press is indoors. There will be no outside noise and it should not be an issue.
Commissioner Brockbank had no objection to the additional two inches, but questioned why the building could not be dropped down two inches to avoid the need for City approval. Commissioner Brockbank asked if Geneva Rock is under a current bond for reclamation. With regard to the latter question, Mr. Ludlow stated that he would have to check, but the Division of Oil, Gas, and Mining (DOGN) requires bond displays for all facilities before approval for reclamation, regardless of the location. Mr. Ludlow assured the Commissioners that Geneva Rock has followed the standard operating procedures to be in compliance with DOGN requirements.
In response to Chair Bertoch’s question about the anticipated beginning of operation, Mr. Ludlow stated that as soon as a building permit is secured, the facility will take two to three months to build. The target completion date was the end of the summer.
With regard to Commissioner Brockbank’s question about how repairs will be carried out, Mr. Ludlow stated that the two sliding doors in the center are large enough for an overhead crane located inside to pick up all of the pieces of the filter press to ensure safety. There is also a mezzanine well inside the building.
Commissioner Pavlakis noted that the pictorial rendition of the building showed what it would look like from Porter Rockwell Boulevard. She then inquired about the view of the building looking northwest and asked Mr. Ludlow to show where Porter Rockwell Boulevard would be located. Mr. Peters identified the potential location of Porter Rockwell Boulevard and noted that there is also a sod farm nearby. Mr. Peters acknowledged that the rendering makes the building look huge. That was done to show that there is a substantial grade change from Porter Rockwell Boulevard up to the building. The building was expected to look smaller than it appears in the rendering and in fact be mostly hidden because of the elevation change.
Chair Bertoch next inquired about the seismic studies that have been conducted. Mr. Ludlow indicated that the geotechnical report was completed at the end of March. Some improvements were made at the site because of the fill that was found after boring took place beneath where the building will be located. The crew size at the site will be one at most, so there is minimal personal risk involved if a seismic event occurs.
Mr. Ludlow informed Commissioner Pavlakis that he asked Ensign Engineering for the actual current drawings for the proposed Porter Rockwell Boulevard and confirmed that what Mr. Peters suggested was correct and that there will not only be the filter press building, but water lines that will be needed to recycle water. Those factors were taken into account in determining the site layout. Much of the facility will be hidden from the boulevard.
Commissioner Pavlakis expressed concern that the landscaping will be visible from the Porter Rockwell Boulevard side of the building. With the construction of Porter Rockwell Boulevard, some of the right-of-way purchase that Bluffdale City is looking at for the road project entails part of the landscaping in that portion of the building project and will enhance the look of that vertical site.
Commissioner Brockbank asked for an explanation as to why Geneva Rock does not feel it is necessary to do landscaping. Mr. Ludlow stated that the land is an active mining area and contains a lot of equipment. The filter press is a piece of equipment that is needed for the mining process. It just happens to be housed in a building instead of remaining outdoors. Since the property sits back off the road, he considered landscaping to be unnecessary. Commission Brockbank asked how Geneva Rock would deal with potential complaints that might be voiced in the future over the landscaping. Mr. Ludlow stated that Geneva Rock would consider planting trees, if necessary.
In response to Commissioner Nielsen’s question regarding the required setback off of Pony Express Road, Mr. Folsom stated that it was approximately 193 feet. Mr. Crowell stated that the issue is the difference between the old code, which didn’t take this type of facility into consideration, or to develop a text amendment that addresses this specific situation more directly. Mr. Crowell stated that in the City of Bluffdale there is a need for design standards in the community; however, he did not believe it was ever the intent to require landscaping at a 200-acre gravel pit. In Draper, the trees located at a gravel pit struggle because of the harsh environment.
In response to Chair Bertoch’s question regarding the anticipated build-out of the facility, Mr. Ludlow stated that he would have to research that question. Mr. Folsom stated that it would depend in large part on the demand.
Chair Bertoch was more concerned about the traffic going in and out of the site than the landscaping. Mr. Folsom reiterated that he does not anticipate in increase in traffic. He stated that Geneva Rock has a block plant in St. George.
Chair Bertoch had no objection to the additional two inches.
Brandon Nielsen moved to forward a positive recommendation to the City Council for the Geneva Rock Filter Press Site Plan, Application 2013-34, subject to the following conditions and findings presented in the staff report dated May 31, 2013:
Conditions:
1. That all requirements of the City Code and adopted ordinances are met and adhered to for this development.
2. That this approval is based on the site plan submittal package received by the City on May 16, 2013.
3. That a maximum building height of 35’ 2” is approved.
Findings:
1. That the proposed filter press building is ancillary to the existing use on the site.
2. That the City Council may approve alternative methods of landscaping for site plans in the Sand & Gravel zone.
3. That the City Council may approve buildings exceeding the maximum height of 35 feet in the Sand & Gravel zone.
4. That the proposed plan will not be detrimental to the health, safety, or general welfare of persons or property in the area.
Von Brockbank seconded the motion. Vote on the motion: Brandon Nielsen-Aye; Von Brockbank-Aye; Connie Pavlakis-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
6. CONSIDERATION/RECOMMENDATION/VOTE on Proposed Amendments to the Project Plan and Proposed Major Changes to the Independence at Bluffdale Master Planned Community, 4 Independence, LLC, Applicant.
Mr. Crowell presented the staff report and stated that the City Council approved the comprehensive revision to the DAI portion of Independence at the Point (IP). There is currently an opportunity to add approximately 6.01 acres to the original project area thereby creating the need to obtain approval for the major changes. They are referred to both as the J & G parcels or the triangle pieces. Mr. Crowell identified on the map where the affected areas are located and how they fit into the IP plan. He indicated that planning also must provide for adequate access.
The Commissioners were provided with a new and revised project plan. The intent was to repeal and replace the old project plan with the new and revised plan. It includes the triangle area and a way to access Pony Express Road. One impact of the change is that it will incorporate an additional 73 townhomes into the land use plan. Originally the plan called for 7.1554 units per acre, after which it was modified to 6.5 units per acre with the added land. The overall open space comprised 29% of the project. The other change calls for a change to the location of the church building planned for the area.
Discussion ensued on the new location of the church and whether or not a zone change would be needed. Mr. Crowell stated that a zone change was not needed to accommodate the new location of the church building. Mr. Crowell explained how the location of the church will fit within the context of the roads that will be in the area. Mr. Crowell indicated that the land use plan, the circulation plan, the road layout and the roundabout, and the traffic volumes will be the same.
Mr. Crowell identified on the map where the development is currently taking place.
Mr. Crowell reviewed the original 2007 plan and indicated that many things have changed since then, and he reviewed on the map changes that have occurred. The original plan was to have more single-family units, but the addition of Porter Rockwell Boulevard has had a significant impact on the planning process. Market realities have also dictated some of the changes.
Plat B includes a 33-foot private road that connects into an area with a similar product.
Mr. Crowell identified where the parks will be located and indicated that more trail area has been added and will extend to the Porter Rockwell Boulevard right-of-way, and it will add ½ acre of park space.
In response to Chair Bertoch’s question regarding the additional trail to Porter Rockwell Boulevard, Mr. Crowell explained that one of the difficulties with that piece of land was to determine what would be the best and safest access because of the higher elevation and width of Porter Rockwell Boulevard.
Mr. Crowell indicated that there are no substantive changes to the circulation pattern. The grade change impacts the design and location of roads.
In response to Commissioner Nielsen’s question about whether or not Porter Rockwell Boulevard would be UDOT-controlled, Mr. Crowell stated that presently it is not UDOT controlled. Bluffdale staff believes that the road is regionally significant, but that it would take legislative assistance to have the UDOT control it. The City was working with UDOT to determine how Porter Rockwell Boulevard and 14600 South will come together. The intersection is not on DAI property, however. Mr. Crowell believed that eventually the road will be such a major means of access that the UDOT will eventually have to take responsibility for it.
Text changes to the IP Plan showed just one change regarding the number of units.
Mr. Crowell summarized by stating that land is being added to the project, so efforts have been made to determine how to integrate the additional land into the project and find a better location for the church building.
In response to Commissioner Pavlakis’ question about whether the moving of the church building would net additional home sites, Mr. Crowell stated that the impact was neutral in that regard. Instead, it was just a land swap.
Commissioner Nielsen referenced the italicized language in the middle of page 2 of the staff report, which states: “(iii) change the location of land uses within the Project (i.e., residential pod to commercial pod), or (iv) changes in the residential densities relating to specific portions of the
Project, as identified in the Project Plan.” Mr. Crowell explained that those language changes are what created the necessity for the hearing that is currently taking place. Commissioner Nielsen sought to confirm that the proposed action was to change the location of the church building without changing the density of the residential units. Mr. Crowell stated that the plan called for both changing the location of the land use of the project as well as changing the density somewhat.
In response to Commissioner Pavlakis’ question regarding the size of the triangle piece, Mr. Crowell stated that it was 6.01 acres. The original plan encompassed 294 acres; now it encompasses approximately 300.18 acres. The density will be 6.534 units per acre, down from the 7 units per acre in the 2007 version of the project plan.
Mr. Crowell stated that the Commissioners need to decide how strict they want to be in evaluating and approving changes. He believed the proposed changes are sensible and reasonable.
Commissioner Pavlakis next referenced the “Future Commercial” designated on the Comprehensive Land Use Master Plan and asked if it belonged to 4 Independence, LLC. She stated that the land to the north belongs to Bluffdale Heights. That property was originally slated to be commercial, but changed to residential supposedly because of the slope and grade of the land. It was stated that I-15 was so high that there was very limited visibility from the highway, thereby rendering the land undesirable for commercial development. Mr. Crowell explained that there are constraints topographically with developing the land highlighted in pink for commercial development, especially big box stores.
Chair Bertoch next inquired regarding the feedback provided by the Fire Chief regarding potential locations for fire stations. Mr. Crowell stated that the need exists, but the full analysis had not been completed to determine the locations for fire stations. The City currently needs a public works building, a fire station, and a City Hall.
Commissioner Brockbank sought to confirm that the main intent of the proposed major change document was to account for the additional land and clean up some of the details from the previous project plan that still needed to be modified. Mr. Crowell stated that the land use for the church was a major factor.
Chair Bertoch opened the public hearing.
Nate Shipp identified himself as a representative of 4 Independence, LLC, and owner of the property. He first addressed progress of the project and indicated that he is very pleased with the progress. Mr. Shipp commended Mr. Crowell for his explanation of the changes being proposed. He planned to present additional changes in the near future. He further indicated that 4 Independence, LLC, has been busily working to meet a June 22 deadline on requirements imposed in conjunction with a bankruptcy that took place with previous owners of the property.
Mr. Shipp referred to the questions of where a fire station might be located and the commercial ground on the east side of Porter Rockwell Boulevard. Mr. Shipp stated that as Porter Rockwell Boulevard comes along, there is a gravel pit located in the area that will have extractable material for some time to come. The intent was that when the gravel pit is done, the grade will match what is shown on the plan and create just over 20 acres of flat property that will be located with a lighted intersection on Porter Rockwell Boulevard, which will create opportunity for commercial retail development.
Reviewing the vehicular circulation map, Mr. Shipp stated that the future extension of Freedom Point Way projected to the east of Porter Rockwell Boulevard will wind and ultimately connect to Pony Express Road. Near that point there will be a pad where he believes would be the ideal location for a fire station because of the access to Pony Express Road and Porter Rockwell Boulevard. That location would also provide a buffer between the areas slated for neighborhoods and those slated for commercial development. He identified a fairly flat five-acre lot that might not be viable as commercial, but would be better suited for light industrial use. It could also be a potential location for a fire station. A third potential location would be where the church used to be located on the master plan. A 3.58-cubic-feet-per-second well is indicated at that location and could serve a fire station. It was noted that each of the three sites has pros and cons.
Located nearby as well is Point of the Mountain Storage, a drop-off to a retail center, a frontage road, and a road to a mine. In response to Chair Bertoch’s question regarding the grade break between the five acres and the area next to it, Mr. Shipp stated that the break is approximately 300 feet. Mr. Shipp stated that the grade change will take place with a 2-to-1 slope and retaining walls will not be used.
Commissioner Brockbank next inquired regarding the take-down that must occur by June 22nd. He asked if 4 Independence, LLC, is negotiating the sale on the church and the school. Mr. Shipp explained that 4 Independence, LLC, has entered into a contract with Summit Academy that includes an elementary and junior high school that will be opened the beginning of the 2014 school year. The school will house grades K-8.
In response to Commissioner Brockbank’s question regarding the impact the sale of the property for the school and church has on the financial stability of this project, Mr. Shipp stated that schools, churches, and parks are all important elements of a community and are vital to his company’s ability to turn a profit. That said, he clarified that the sale of the property has a greater impact from a community standpoint because it is important that the area consists of a cross-section of uses, and not just homes. The current population of Bluffdale is 7,500 to 8,000. Projections call for a comparable number of people to live on the IP site alone, which would in essence double the City’s population.
Returning to the question of whether he would make more money by selling the property for the construction of a school and a church instead of building more homes, he responded in the negative but explained that it is part of developing a community. Mr. Shipp indicated that 4 Independence, LLC, has over $18 million invested in the project, along with a $1 million cash bond. With or without the sale of the two properties, 4 Independence, LLC, will close on the sale of the two properties on June 22nd.
Commissioner Pavlakis inquired about the homes with lock boxes on them. Mr. Shipp explained that they are model homes built by several different contractors. There are five active builders and he hoped to add a sixth soon. Commissioner Pavlakis observed that Candlelight Homes has sold about 15 homes already and then asked if any of the homes have begun their building phase yet. Mr. Shipp answered in the affirmative and further stated that he expects their first residents to get a final seed loan within the next couple of weeks, meaning that he expects people to be living there within a couple of weeks.
Chair Bertoch expressed concern about safety if there are people living there while construction is taking place. Mr. Shipp stated that safety is monitored daily and it has gotten since completion of the connection of Heritage Crest Way and Freedom Point Way. There are multiple loops and they are anxiously working on the plans for plat C1, which will bring the extension of Freedom Point Way where it ends now to Porter Rockwell Boulevard, which is under construction with an anticipated finish date at the end of October. Mr. Shipp stated that representatives from 4 Independence, LLC, have also visited with the police about monitoring the area. Two of the homes will be in the Parade of Homes coming up in August.
In response to Commissioner Brockbank’s question as to when people will start moving in, Mr. Shipp indicated that he expects that to occur within the next few weeks. Mr. Shipp praised staff for their stellar work in keeping pace with the very fast-moving project.
There were no further public comments. Chair Bertoch closed the public hearing.
Von Brockbank moved to forward a positive recommendation to the City Council for the proposed major change to the project plan for the Independence at the Point Master Planned Community, Application 2013-32, subject to the following condition and findings presented in the staff report dated May 31, 2013:
Condition:
1. That this recommendation is based on the Project Plan submittal dated May 31, 2013.
Findings:
1. That this application is in accordance with the Independence at the Point Development Agreement, existing Project Plan, project zoning and the goals and objectives of the Mixed Use land use designation.
2. That this proposal is a logical extension of the Independence at the Point project area.
3. That the proposed plan will not be detrimental to the health, safety, or general welfare of persons or property within the area.
Brandon Nielsen seconded the motion. Vote on the motion: Von Brockbank-Aye; Brandon Nielsen-Aye; Connie Pavlakis-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
7. PUBLIC HEARING/CONSIDERATION/VOTE Regarding a Preliminary/Final Subdivision Plat Application for Plat H1 for 2 Lots and Associated Streets, Located at Approximately 15300 South 1000 West and Heritage Crest Way. 4 Independence, LLC, Applicant.
Associate Planner, Jennifer Robison, presented the staff report and identified the subject area on the map provided in the Commissioners’ meeting packets. The proposed revisions to the plat will include an extension of Heritage Crest Way to the roundabout in the southern section of the area until the project is further developed. The plat includes the roundabout, for which the full design has been completed. The developer wants to make that feature an attractive center point for their development; therefore, the landscaping plan will ensure that it is a unifying feature in the development. The landscaping plan had not yet been completed and staff was awaiting the document. It was noted that the HOA will be responsible for maintaining the roundabout.
Referencing the material in the Commissioners’ meeting packet, Ms. Robison showed the Commissioners what the plat will look like. Lot 1 will be the future school site and Lot 2 will be the future church site.
In response to Chair Bertoch’s question regarding the status of the roundabout, Ms. Robison stated that it is completed. In response to Commissioner Brockbank’s question regarding the number of lanes in the roundabout, Mr. Crowell stated that it is a single lane roundabout.
Commissioner Pavlakis next asked if 1000 West is designed to continue east to connect to Porter Rockwell Boulevard. Ms. Robison indicated that eventually it will; however, Porter Rockwell Boulevard will not be connected at this time because some engineering issues still that need to be resolved. Mr. Crowell added that there are many other things that will need to occur before 1000 West connects to Porter Rockwell Boulevard. Commissioner Pavlakis clarified that the motive for her question was to ensure that there will be adequate access points for that part of the development, especially since it will include a school and a church. Mr. Crowell stated that staff has deemed the access sufficient at this point in time.
Chair Bertoch indicated that the school is scheduled to be operational by the fall of 2014 and asked if the roads will be tied in by then. Mr. Crowell stated that he hoped so. Mr. Crowell stated that the plats are very lengthy, so what the Commissioners receive is just a part of the total set of documents. The plat includes off-site improvements, including a storm drain. The loop has been started and will be passable in the event of an emergency. In fact, much of the site has been passable for some time already.
Commissioner Brockbank asked if the City requires the developer to provide projections on their sales and the number of people living in the area as it grows and develops. He stated that he asked that question because if the school comes to fruition in 2014, there will be a lot of passenger cars added and he was concerned about the possible lack of a secondary access to 14400 South. Commissioner Pavlakis confirmed that concern because charter schools don’t draw students from just the local neighborhood. In addition, there will be another year of development, thus enhancing the traffic flow even further. Mr. Crowell briefly reviewed the ongoing progress of the project, stating that it has kept Gai Herbert, Community Development Secretary, very busy.
Chair Bertoch opened the public hearing.
Mr. Nate Shipp of 4 Independence, LLC, indicated that there are currently two ways in and out of the project. There is Heritage Crest Way, which is built and paved. In addition, there is a paved access that ties into 700 West and goes to the pit road. It is a temporary secondary access and the Fire Chief inspects it weekly to ensure that it is open and clear. Porter Rockwell Boulevard is currently under construction and will be finished this fall. At that point, Porter Rockwell Boulevard will provide another access point by tying into Heritage Crest Way. Additionally, Freedom Point Way will connect to Porter Rockwell Boulevard. Then with the school that will go in, Heritage Crest Way will connect to the roundabout. 4 Independence, LLC, will install everything that is on the plat. In addition, 1000 West will be extended as a temporary secondary access to tie back to the G plat. The storm drain, sewer, and water will be extended, as well.
Mr. Crowell stated that the current focus is the intersection at Porter Rockwell Boulevard and 14600 South north of the school. The owners are also looking at how to get 1000 West out because there is an awkward intersection in the area that will require careful design. Mr. Crowell clarified that the responsibility of the developer is what is required by the development itself. Mr. Shipp noted that the roundabout is bigger than originally planned and was incorporated into the plan because of the need to maintain the integrity of the project. The planners see the roundabout as a nice community feature for a neighborhood around a school and church building. Mr. Shipp reiterated the commitment of 4 Independence, LLC, to provide the infrastructure that will support the future development.
There were no further public comments. Chair Bertoch closed the public hearing.
Connie Pavlakis moved to forward a positive recommendation to the City Council for the Independence at the Point preliminary/final plat H-1, Application 2013-06 subject to the following conditions and findings presented in the staff report dated May 31, 2013:
Conditions:
1. That all requirements of the City Code, adopted ordinances and building and fire codes, and DA requirements are met and adhered to for this subdivision.
2. That all recommendations of the combined Engineering and Public Works Department review memo submitted by Matthew Chadwick, dated May 31, 2013, are addressed by updating all relevant construction and plat drawings prior to the pre-construction meeting or plat recording, whichever occurs first.
3. That the project adheres to all requirements of the International Fire Code.
4. That the plat specific CC&R’s are recorded with the final plats at the County Recorder’s office, if there are sub-area CC&R’s.
5. That the project street tree plan be updated to include this area of the IP project, is approved by the IDRC, and submitted to the City Planner, prior to the pre-construction meeting or plat recording, whichever occurs first.
6. That all street trees shall be installed prior to the issuance of a certificate of occupancy or completion, pursuant to the Project Plan and City site plan ordinances, as applicable.
7. That easements for any offsite storm drain facilities and turnaround areas are provided to the City, as applicable, prior to recording the subject plats.
8. That all park strip landscaping irrigation and maintenance is the responsibility of the adjacent property owner or HOA, as applicable.
9. That a final landscape plan for the island internal to the roundabout is submitted to the City for review and approval prior to the pre-construction meeting or plat recording, whichever occurs first.
10. That the maintenance of all landscaping within the roundabout is the responsibility of the IPHOA. No landscape installation shall occur within this portion of the City right of way until such time as a maintenance agreement between the City and the IP HOA is approved and executed.
11. That a lot detail legend is added to the plat as referred to in Note 1, prior to recording the plat.
12. That Note 7 on the plat is deleted as it is not applicable to this phase.
Findings:
1. That this application conforms to the Independence at the Point Development Agreement and the requirements of the Mixed Use zone.
2. That this application conforms to the City of Bluffdale subdivision ordinance requirements regarding final plat approval.
3. That the proposed plan will not be detrimental to the health, safety, or general welfare of persons or property within the area.
Brandon Nielsen seconded the motion. Vote on the motion: Connie Pavlakis-Aye; Brandon Nielsen-Aye; Von Brockbank-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
8. City Council Report.
There were no comments regarding this item.
9. Planning Commission Business (Planning Session for Upcoming Items, Follow Up, Etc.)
Mr. Crowell announced that there will be a joint meeting of the City Council and Planning Commission on June 25. A variety of issues need to be resolved so that key tasks can be completed by September.
10. Adjournment.
The Planning Commission Meeting adjourned at 9:15 p.m.
__________________________________
Gai Herbert,
Community Development Secretary
Approved: __June 18, 2013___________