Present:
Members: J. Lee Bertoch, Chair
Von Brockbank (arrived at 7:02 p.m.)
Johnny Loumis, Jr.
Connie Pavlakis
Brad Peterson
Others: Mayor Derk Timothy (arrived at 7:30 p.m.)
Mark Reid, City Manager (arrived at 7:45 p.m.)
Grant Crowell, City Planner/Economic Development Director
Alan Peters, Associate Planner
Jennifer Robison, Associate Planner
Gai Herbert, Community Development Secretary
Excused: Brandon Nielsen
BUSINESS MEETING
Planning Commission Chair J. Lee Bertoch called the meeting to order at 7:00 p.m.
1. Roll Call, Invocation, and Pledge.
All Members of the Planning Commission were present with the exception of Brandon Nielsen, who was excused.
Brian Barnett offered the invocation.
Brad Peterson led the Pledge of Allegiance.
2. Public Comment.
Connie Pavlakis presented a guitar autographed by Charley Jenkins to Nate Shipp in appreciation for the sponsorship by his two companies of Bluffdale’s Old West Days. Mr. Shipp expressed his delight at the presentation and indicated that the guitar would be prominently displayed at the company office.
3. Approval of Minutes from the July 9, 2013, Meeting of the Planning Commission.
Brad Peterson moved to accept the minutes of the July 9, 2013, meeting of the Planning Commission, as printed. Von Brockbank seconded the motion. Vote on motion: Brad Peterson-Aye; Von Brockbank-Aye; Johnny Loumis, Jr.-Aye; Connie Pavlakis-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
4. PUBLIC HEARING/CONSIDERATION/VOTE on a Request for a Conditional Use Permit for a Proposed Horse Arena and Stable to be Located at 14005 South Loumis Parkway, Michelle Palmer, Applicant.
Associate Planner, Alan Peters, presented the staff report and reviewed the location of the parcel. He further indicated that the parcel is located in an R-1-43 zone, where public and private horse arenas and stables are conditional uses. A minimum of five acres was required for the proposed conditional use. Mr. Peters stated that the applicant operates an equestrian business in Draper and is in the process of purchasing the subject property with the intent of relocating her business to Bluffdale. Mr. Peters displayed photos of the applicant’s existing facility, which has been in operation for approximately 15 years.
In their packets, the Commission Members were provided with letters from two of the applicant’s current customers. Mr. Peters next reviewed current photos of the parcel under consideration. He explained that the existing home on the parcel will serve as the applicant’s primary residence. She will then add facilities to the property to accommodate her business. Inasmuch as the property is located in a residential area, the City will not require the applicant to go through the commercial site planning process. The improvements made will be comparable to the improvements others might make to their property in a residential zone.
Mr. Peters reviewed the conceptual plan for the property included in the meeting packet. He indicated that as development of the property proceeds, the applicant will be required to obtain a Land Disturbance Permit in conjunction with the Building Permit. The City Engineer will review the Land Disturbance Permit to ensure it has adequate drainage. Mr. Peters reviewed the hours of operation and the anticipated traffic that will be generated. Staff recommended approval of the application and stated that the Commission has final approval authority.
Referencing the desire to hold horse shows at the facility, Commissioner Pavlakis inquired about the adequacy of parking for such an event. Mr. Peters stated that there will be adequate space on the property for parking.
In response to Commissioner Peterson’s question regarding the space to the north between the property line and Bangerter Highway, Mr. Peters stated that the property is a right-of-way that is owned by UDOT. Additional clarifications were provided regarding other parcels outlined on the map. Mr. Peters indicated that in the future, the City will require the applicant to provide additional right-of-way to the City. In response to Commissioner Pavlakis’ question regarding the parking lot to the east, Mr. Peters stated that it is the property of a polygamist.
In response to Commissioner Brockbank’s question regarding the potential need to increase the size of Loomis Road in the future, Mr. Peters stated that it is a future project being considered by the City. The property is residential and will continue to be used as residential property. The anticipated impact was such that road improvements would likely be unnecessary.
Commissioner Peterson asked if the number of horses planned for the applicant’s business exceeds the maximum allowed on R-1-43 property. If so, he asked if a Conditional Use Permit could override the City ordinance. Mr. Peters stated that the Conditional Use Permit is needed because the applicant plans to have more horses than what the ordinance typically allows. City Planner/Economic Development Director, Grant Crowell, explained that the purpose of tonight’s hearing is to evaluate the impact of having as many as 50 horses, for example, and whether the property can accommodate that conditional use without negatively impacting the area.
Chair Bertoch opened the public hearing.
Michelle Palmer gave her address as 1266 East 13400 South, Draper, and identified herself as the applicant. Commissioner Brockbank asked Ms. Palmer asked about the lighting for her outdoor riding arena. Ms. Palmer identified on the diagram displayed where her outdoor lighting will be located. The lights will be pointed downward and away from Bangerter Highway. With regard to dust, Ms. Palmer explained that she uses pressurized water to keep the dirt moist. Commissioner Brockbank asked about drainage since the property has a high water table. Ms. Palmer indicated that a drainage pond is a possibility. There is also an irrigation ditch on two sides of the property. If the drainage provided by the irrigation ditches is inadequate, she can install a pond. She noted that at her current facility she has had no drainage problems.
Commissioner Peterson asked Ms. Palmer if she has conferred with her neighbors to determine if they have any concerns regarding the smell generated by her horse arena and stable. Ms. Palmer explained that she has not spoken with them yet; however, she plans to place the manure bin as far away from the neighboring property as possible. There is also a tree line along the fence.
Commissioner Loumis commented on the lighting and suggested Ms. Palmer work with her neighbors to use directional lighting with shades. With regard to the water table, Commissioner Loumis confirmed that there is a high water table there. He indicated that since there will be no crops on the property, a secondary water detention system is highly recommended. In response to Commissioner Loumis’ question as to whether Ms. Palmer will be acquiring water shares with the property, Ms. Palmer responded that water shares are being discussed. Commissioner Loumis asked Ms. Palmer if she will continue to operate her business in Draper. Ms. Palmer responded that she will close her stable in Draper when her Bluffdale facility begins operation. She noted that some of the barns in Draper are portable and will be moved to Bluffdale.
In response to a question raised by Chair Bertoch regarding the adequacy of the power supply for her facility, Ms. Palmer indicated that she does not anticipate a problem. With respect to manure removal and management, Ms. Palmer stated that she has a loader and contractors who remove the manure. She can also take the manure to the landfill using dump trailers that she owns. In response to Chair Bertoch’s question regarding the storage of trailers at her facility, Ms. Palmer indicated that she currently has six or seven at her Draper facility. The storage of trailers is contingent on the availability of space, and they can be moved, if necessary. With regard to the storage of hay, Ms. Palmer indicated that she has a hay barn. The location of the barn, however, has yet to be determined. Chair Bertoch stated that his question regarding the storage of hay was due to his concern over the possibility of a fire and the access needed for fire trucks.
In response to Commissioner Peterson’s question regarding the adequacy of public restrooms at the applicant’s facility, Ms. Palmer stated that she has so few people at her facility that the need for restrooms is minimal. If she were to have a major event, she would bring in port-a-potties.
With regard to parking, Ms. Palmer plans to maintain access along the perimeter of her property so that people can drive all the way around it. She expected to be able to accommodate any parking needs that might arise.
Craig Britton gave his address as 14005 South Loumis Parkway and identified himself as the current owner of the property being purchased by Ms. Palmer. Mr. Britton stated that there are six to eight additional feet along 1300 West that would allow for future improvements to the road as discussed earlier. Mr. Britton visited with the neighbors, the Nelsons, who indicated that they are happy with the applicant’s plans to keep horses on the property.
John Quick gave his address as 13885 South 1300 West just north of the property under consideration. He was pleased with the proposed project and believes it will benefit the area. He stated that there is a lot of traffic on Loomis Parkway and 1300 West and was concerned about speeding there. He urged the placement of speed limit signs and the enforcement. He reiterated his strong support of Ms. Palmer’s project.
Brian Barnett gave his address as 14075 South 2700 West. Mr. Barnett indicated that he is interested in the project because he would like to buy the manure.
In response to a question raised by Chair Bertoch, Ms. Palmer stated that her target date to open for business is March or April of 2014.
There were no further public comments. Chair Bertoch closed the public hearing.
Connie Pavlakis moved to approve the conditional use application for a riding arena and
stable for Michelle Palmer, Application 2013-52, subject to the following:
Conditions:
1. That all requirements of the City Code are met and adhered to for this conditional use permit.
2. That the applicant acquire a building permit and a land disturbance permit before construction.
Findings:
1. That the proposed use is consistent with Bluffdale’s identity as a rural community.
2. That this application meets the requirements for conditional use approval as found in the City and State codes.
3. That the proposed conditional use permit will not be detrimental to the health, safety, or general welfare of persons or property within the area.
Brad Peterson seconded the motion. Vote on motion: Connie Pavlakis-Aye; Brad Peterson-Aye; Von Brockbank-Aye; Johnny Loumis, Jr.-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
Commissioner Pavlakis invited Ms. Palmer to attend upcoming meetings on the General Plan and give input on the inclusion of equestrian trails.
5. PUBLIC HEARING/CONSIDERATION/VOTE on a Request for a Conditional Use Permit to Allow the Sale of Agricultural Products (Produce, Eggs, and Honey) at 14075 South 2700 West, Brian Barnett, Applicant.
Associate Planner, Alan Peters, presented the staff report and reviewed the layout of Mr. Barnett’s property. He indicated that the property under consideration is located in an R-1-43 zone where the sale of agricultural products is a conditional use that requires a minimum of one acre. Mr. Barnett’s property is just less than two acres in size. Mr. Peters reviewed the definition of agricultural products as enumerated in Bluffdale Land Use Ordinance 11-2-2. Mr. Barnett seeks permission to sell garden fruits and vegetables, as well as other possible agricultural items. Mr. Peters explained that Mr. Barnett would like to sell his farm products from a pop-up tent that he would put up in the morning and take down at night. Customers would park on his driveway, which is 600 feet long and 25 feet wide, or on the east side of 2700 West. Provisions would have to be implemented to ensure adequate clear vision.
Mr. Peters reviewed a diagram provided by Mr. Barnett that identified where his tent would be located and how customers would access his property. It was noted that City Code prohibits business being conducted between the hours of 10:00 p.m. and 7:00 a.m.
Commissioner Pavlakis noted that the County Park is slated to be built across the street. Mr. Peters reported that construction will begin next spring.
Commissioner Peterson had concerns with the parking spot identified near the neighbor’s driveway because it could potentially block it. In response to Commissioner Peterson’s question regarding the potential of parking diagonally on the owner’s driveway, Mr. Peters stated that a standard parking space in Bluffdale is approximately eight feet wide by 18 feet long. With parking on the driveway, the road would have to be one way, which would necessitate the turnaround further on the property. Chair Bertoch did not expect much traffic at any one time. He further expressed concern about people walking across the street.
In response to Commissioner Peterson’s question regarding Mr. Barnett’s options for signage, Mr. Peters stated that Mr. Barnett would be limited to one sign that would be approximately two to four square feet, as specified for the residential zone.
Commissioner Brockbank was concerned that with a 10-foot square tent, there would only be 15 feet between the tent and the driveway. Mr. Peters expected most people to park on the street rather than the driveway.
In response to Chair Bertoch’s question regarding the months of operation, Mr. Peters stated that with the Conditional Use Permit, he can sell year-round.
Chair Bertoch opened the public hearing.
Brian Barnett gave his address as 14075 South 2700 West and identified himself as the applicant. Commissioner Brockbank reiterated his safety concerns since there will only be 15 feet between the tent and the driveway. In response to Commissioner Peterson’s question regarding the viability of having a tent that would be long and narrow instead of square, Mr. Barnett stated that he has not looked into that option because a 10’ by 10’ tent is so easy to acquire.
Commissioner Pavlakis asked Mr. Barnett if he had considered moving his point of sale to the end of the driveway. Mr. Barnett stated that he would not rule out that idea. He stated that maintaining visibility will be the best way to market his business.
In response to a question raised by Commissioner Peterson about the selling season, Mr. Barnett stated that summer and fall will be the primary seasons; however, he plans to sell eggs and honey year-round. In the cold months, he will not sell the eggs and honey in a tent and instead will post a sign with an arrow pointing to his house. Mr. Barnett clarified that the honey is produced by his neighbor. It was clarified that the eggs sold will be chicken eggs
There were no further public comments. The public hearing was closed.
Commissioner Brockbank clarified that the granting of the Conditional Use Permit does not grant the right for on-street parking. His concern was based on his desire to ensure that the City is not liable for accidents that might occur as a result of on-street parking.
With regard to the provision of clear view where visibility might be a problem, Commissioner Pavlakis asked if it would be possible to paint some of the curbs red to ensure adequate visibility. Mr. Crowell stated that it is the applicant’s responsibility to ensure clear view on his property and the City does not routinely red mark curbs. With regard to the anticipated width of the shoulder on the west side of 2700 West when the County Park is built, Mr. Crowell surmised that it will likely be similar the southern reaches of 2700 West, which is a standard 66-foot road cross-section.
Connie Pavlakis moved to approve the Conditional Use Application to allow the sale of
agricultural products for Brian Barnett, Application 2013-42, subject to the following:
Conditions:
1. That all requirements of the City Code are met and adhered to for this conditional use permit.
2. That no business related traffic may occur between 10:00 p.m. and 7:00 a.m.
3. That the applicant obtains a business license.
4. That the intersection clear view area and the sidewalk are kept open for the safety of pedestrian and vehicular traffic.
Findings:
1. That this application meets the requirements for conditional use approval for sale of agricultural products as found in the City and State Code.
2. That the proposed conditional use permit will not be detrimental to the health, safety, or general welfare of persons or property within the area.
Johnny Loumis, Jr., seconded the motion. Vote on motion: Connie Pavlakis-Aye; Von Brockbank-Aye; Johnny Loumis, Jr.-Aye; Brad Peterson-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
6. CONSIDERATION/VOTE on a Proposed Final Plat for Palisade Acres, a Residential Subdivision Consisting of 32 Lots Located at Approximately 13800 South 3600 West, Ivory Development, Applicant.
Mr. Peters presented the staff report and stated that this is the final plat application for Phase 1 of Palisade Acres. The preliminary plat approval was granted by the City Council on July 16, 2013. The conditions imposed were met by the applicant. Mr. Peters reviewed the plat diagram and the final plat. He explained that it differs from the preliminary plat in that the trail has been widened to 10 feet. Per the request of the Fire Chief, a temporary paved turnaround was added at the southern end of Lincolnshire Drive. The turnaround will be removed when a permanent access is constructed in conjunction with the alignment of 14010 South. Mr. Peters stated that the plat calls for 32 lots, all of which are at least one acre in size, which conforms to the R-1-43 zoning requirement. He noted that a six-foot vinyl fence will be constructed along the canal. A detention pond will also be dedicated to Bluffdale City. Curb and gutter will be installed to 13600 West.
In response to Commissioner Peterson’s questions regarding the proposed conditions of approval, Mr. Peters stated that he included the original conditions stipulated in the preliminary plat. He pointed out that all of the conditions had been met. Staff provided recommendations in connection with the approval of the final plat.
In response to a question raised by Commissioner Brockbank about the land that will be provided for the construction of 14010 South, Mr. Crowell explained that the full design of the road has not yet been finalized. The property for the road will need to come from the south of the plat under review but the issue still needs to be resolved.
Chair Bertoch opened the public hearing.
Brad Mackie gave his address as 978 Woodoak Lane, Salt Lake City, and identified himself as a representative of Ivory Development. Mr. Mackie stated that Ivory has worked diligently to meet all of the requirements specified. In response to Commissioner Peterson’s question regarding the feasibility of the recommendations set forth in the staff report for final plat approval, Mr. Mackie stated that he had no issues with any of them.
With reference to the temporary cul-de-sac, Commissioner Brockbank asked about the plans for the lot at the end of the cul-de-sac. Mr. Mackie explained that the setback on Lot 120 is larger in order to accommodate the temporary turnaround. Once the turnaround is removed, the property owners will have a larger front yard.
In response to Chair Bertoch’s question regarding the anticipated build-out of the project, Mr. Mackie was uncertain, but hoped to sell out the lots within two to three years.
With respect to the anticipated price point Mr. Mackie was not sure but explained that the lots themselves will cost in the high $100,000 range. He noted that one-acre lots are extremely expensive to develop. A model home was to be built once paving and other improvements occur.
Commissioner Brockbank stated that at the public hearing for the preliminary plat proposal he had voted in the negative because he did not like the design. He still didn’t, but his heart had been softened and he wanted to see the project move forward. Commissioner Pavlakis stated that Ivory has done an excellent job of addressing the concerns expressed by the Planning Commission at their previous meeting.
There were no further public comments. Chair Bertoch closed the public hearing.
Brad Peterson moved to forward a positive recommendation to the City Council for the Palisade Acres Phase 1 Final Plat, Application 2013-49, subject to the following:
Conditions:
1. That all requirements of the City Code and adopted ordinances are met and adhered to for this subdivision.
2. That appropriate Water Shares are deeded to Bluffdale City in the amount of 3.0 acre-feet of water per gross acre of land included in the subdivision prior to recordation.
3. The developer must pay all required street improvement costs as required and calculated by the City Engineer. Quantities for bond improvements must be submitted to the City Engineer for calculation of the bond amounts.
4. That a current title report is submitted to the City and accepted by the City Attorney, prior to plat recordation.
5. That a turnaround easement is recorded for the turnaround on the south end of Lincolnshire Drive prior to or concurrent with the final plat. The temporary turnaround easement shall be held by the City of Bluffdale.
Findings:
1. That the proposed use as a residential subdivision is allowed as a permitted use in the R-1-43 zone and is consistent with the general plan designation for low density residential.
2. That the preliminary plat for this subdivision was approved by the City Council on July 16, 2013.
3. That this application conforms to the City of Bluffdale Ordinance requirements regarding final plat approval.
4. That the proposed plan will not be detrimental to the health, safety, or general welfare of persons or property within the area.
Johnny Loumis, Jr., seconded the motion. Vote on motion: Brad Peterson-Aye; Johnny Loumis, Jr.-Aye; Connie Pavlakis-Aye; Von Brockbank-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
7. PUBLIC HEARING/CONSIDERATION/VOTE on Various Amendments to the City of Bluffdale Land Use and Subdivision Ordinances Pertaining to Planned Residential Developments and Clustered Residential Developments, City of Bluffdale, Applicant.
Commissioner Pavlakis sought to confirm her understanding that the amendments remove all reference to the CRDs, which was repealed. Mr. Crowell answered in the affirmative and added that there are still some “hanging chads” in the code that were also eliminated. The main intent was to eliminate the PRDs.
Mr. Crowell reviewed the history of the process undertaken to arrive at the proposal contained in the Commissioners’ meeting packet. The new ordinance needs to specify whether it is a legislative process or a zoning process, which requires a public hearing. The current version of the PRD is purely administrative although it has tended to be legislative. The deliberation process led to the conclusion that a legislative process was the preference. Future discussion needed to take place to determine what the City intends to do, whether that discussion occurs independently by the City Council and Planning Commission or jointly by the two entities. Even with the approval of the proposed amendments, the City’s work is not done. Existing rights will not be taken away and rezones can still be requested.
Chair Bertoch opened the public hearing. There were no public comments. The public hearing was closed.
Commissioner Loumis expressed disappointment but could foresee it potentially being a solution if the PRD can be worked out with some give and take when it is drawn up.
Connie Pavlakis moved to forward a positive recommendation to the City Council on the text amendments to remove PRDs and references to CRDs from the Bluffdale Land Use and Subdivision Ordinances, Application 2013-56, based on the following:
Findings:
1. That the proposed amendment will not be detrimental to the health, safety, or general welfare of persons of property within the community.
2. That ongoing policy discussions will determine the future of flexible subdivision ordinances.
Brad Peterson seconded the motion. Vote on motion: Connie Pavlakis-Aye; Brad Peterson-Aye; Johnny Loumis, Jr.-Aye; Von Brockbank-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
Discussion ensued on the future and the long-term impact of the action that had just been taken. Opinions were varied. It was believed that the City will need to craft ordinances that are relevant to the City today and that will work as equitably as possible for all constituents, especially because there is such a divergence of situations and needs.
8. PUBLIC HEARING/CONSIDERATION/VOTE on a Proposed Site Plan for Summit Academy K-8 Charter School Located at Approximately 1000 West Heritage Crest Way (Lot 1 of Plat H-1) within the Independence Master Planned Community, Summit Academy K-8, Applicant.
Associate Planner, Jennifer Robison presented the staff report and explained how the site fits within the Independence overall plan. She noted that Summit Academy is located within Lot 1 of Plat H-1. Ms. Robison reviewed the site plan presented by the school, and described parking and circulation plan. In accordance with a stipulation specified by the Fire Chief, a fire hydrant was included at both entrances on their side of the property. The plan also includes the required landscaping. Ms. Robison reviewed the parameters the City can and cannot impose as conditions during the site plan approval process. She then reviewed the layout and proposed color schemes.
In response to Commissioner Brockbank’s question regarding parking, Ms. Robison stated that the school is planning for parking for both current and anticipated future needs. She reviewed the size of the different components of the site plan and explained that the school’s plan also provides a narrative on how circulation will take place, including policies on dropping off and picking up students. It was noted that the total site is 7.17 acres in size.
Commissioner Peterson was confused about the grades that will be served initially. It was clarified that the school will initially serve grades K through 6. With regard to the setback for the future building, Ms. Robison stated that the setback will have to be determined when the additional building is constructed. Ms. Robison also reviewed the location of the proposed retaining wall included in the site plan. In response to a question raised by Commissioner Peterson about the availability of crosswalks, particularly near the round-about, Ms. Robison identified where they will be located.
Another concern previously discussed by the Planning Commission was traffic and the timing of the construction of the neighboring roads. The developer indicated that they plan to improve the road from curb to curb so that people can drive all the way on 1000 West.
Commissioner Brockbank expressed concern about how students will be able to walk to the school. Ms. Robison identified where the sidewalks will be located. Concern was expressed about the seeming lack of sidewalks, noting that students will likely cut across the lawn rather than walk on the sidewalk. Ms. Robison pointed out that there will be some grade elevation changes that will dictate to some degree where students walk.
Chair Bertoch opened the public hearing.
Tyler Bodrero gave his address as 3248 South 750 West, Syracuse, and identified himself as a representative of Summit Academy. He addressed foot traffic and reviewed the sidewalks that will be available for people coming from different directions. He indicated that the setbacks for future construction have been measured so that they comply with City Code. He stated that traffic will use the round-about and noted that the grade elevation change amounts to about 15 feet. Mr. Bodrero reviewed the stacking lanes and parking incorporated into the site plan to facilitate traffic flow and parking. He believed the parking will be more than adequate, even at full build out. Access points to the building were identified. Mr. Bodrero remarked that the school has gone to great lengths to ensure safety and efficiency in the design. He clarified that the school will not operate any school buses. The building was slated to eventually accommodate 700 students. The first year there will be approximately 450. The first building will have two stories.
In response to Commissioner Pavlakis’ question regarding the location of the playground equipment, Mr. Bodrero stated that there will be a large toy that will be used by the majority of the students. The kindergarten and lower grade classrooms will have a play area nearby to maintain some separation between the younger children and the older children. There will also be a City park nearby.
In response to a question regarding the location of the dumpsters, Mr. Bodrero stated that they are where the natural turnaround is located for accessibility. Commissioner Pavlakis asked if there was an intent to incorporate the field into an actual softball field for the high school. Mr. Bodrero did not know but did not anticipate it will be used for such a purpose.
Commissioner Peterson asked about the jurisdiction for crossing guards. He expressed his concern about the safety of the children with all of the vehicular traffic that will be in the vicinity, especially at the round-about. Mr. Bodrero explained that he had seen this scenario before and stated that two crossing guards should be sufficient. The State requires schools to submit their plan for walking routes and crossing guards for review and approval. Once approved at the state level, notification of the school’s protocol is distributed to the parents.
In response to Commissioner Brockbank’s question regarding school lights to slow traffic, Mr. Bodrero stated that they are not part of the current plan, but the plan is evaluated annually.
Regarding the elevation change and retaining walls, Commissioner Pavlakis asked if there is a reason for not having a staircase at that location. Mr. Bodrero stated that the building needed to be placed where it is proposed in order to provide the needed setbacks for the future building. The proposed location precluded the feasibility of installing stairs. In response to Commissioner Peterson’s question regarding the material used for the retaining wall, Mr. Bodrero stated that it will be a stacked rock wall with landscaping in front of it.
In response to Chair Bertoch’s question regarding the State’s requirements for a Code Silver situation (active shooter), Mr. Bodrero stated there aren’t regulations for actual building design. Mr. Bodrero stated that in order to enhance security, there will be a double set of doors. Once school is in session, the second set of doors will be locked, so that all foot traffic will have to come through the main office into the building. Other designs were available to expand security options.
There were no further public comments. Chair Bertoch closed the public hearing.
Connie Pavlakis moved to approve the site plan for the Summit Academy K-8 Charter School, Application 2013-45, subject to the following:
Conditions:
1. That the applicable requirements of the City Code, adopted ordinances, adopted building and fire codes and DA requirements are met and adhered to for this site plan.
2. That all site plan features, building architecture and elevations, color scheme, and landscaping shall adhere to the approved site plan as presented and the approval of the IDRC approval.
3. That all landscaping, irrigation, open space, and street trees are installed and maintained by the property owners.
4. The property owners install and maintain the street trees consistent the approved Street Tree Plan in the Independence project.
Brad Peterson seconded the motion. Vote on motion: Connie Pavlakis-Aye; Brad Peterson-Aye; Johnny Loumis, Jr.-Aye; Von Brockbank-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
9. PUBLIC HEARING/CONSIDERATION VOTE on Proposed Site Plan for 32 Townhomes Including Common Areas, Landscape Plan, Building Elevations, and Associated Streets Located at Approximately 15000 South Broad Stripes Drive within the Independence Master Planned Community, D.R. Horton and 4 Independence, LLC, Applicant.
Ms. Robison presented the staff report and stated that the next two agenda items deal with the property now under consideration, which is Plat E-3. The above agenda item focuses on the proposed site plan. Ms. Robison reviewed the layout of the plat. She clarified that there are 33 townhomes proposed and they will be a continuation of the development. Plats B and E-2 now have building permits. Ms. Robison reviewed the proposed elevations and designs of the townhomes, along with the materials and colors that will be used. The site plan indicates the landscaping and setbacks, which conform to the Development Agreement. The Landscaping Phasing Plan was developed in response to concerns previously expressed by the Planning Commission. It was noted that landscaping continues to be a condition of approval. Entry into the plat is from Heritage Crest Way onto Broad Stripes Drive and will intersect to Gallant Drive. At this current phase, Broad Stripes Drive has a dead end; therefore, until the road goes through, only 30 units will be allowed on the plat.
There will be an addition to the trail system along the back that will extend from Plat B to Porter Rockwell Boulevard. Plans were made to accommodate the elevation changes that exist on the property. In response to Commissioner Pavlakis’ question regarding elevation issues that may exist on the parcel, Ms. Robison stated that the only notable elevation change identified is where the trail and landscaped open space will be.
Commissioner Peterson sought to clarify that neither Gallant Drive nor Broad Stripes Drive will connect to Porter Rockwell Boulevard. Ms. Robison confirmed that they will be dead end streets. With regard to a potential sound wall on Porter Rockwell Boulevard, Mr. Crowell stated that currently there is no plan for a sound wall or a fence; however, there is a plan for the trail to continue on the west side. In response Commissioner Peterson’s question regarding the location of the trail, Mr. Crowell stated that there is an abrupt grade change to Porter Rockwell Boulevard. Consequently, he was unable to state the exact location of the trail.
Commissioner Brockbank asked about the plan for installing parks. He noted that many lots have been approved for homes, but he was uncertain as to how the parks are tracking in the approval process. Ms. Robison stated that all of the open space in the project is private for all of the site plans for the townhomes. The developers plan to construct the main park. She confirmed that there is a threshold and a plan to ensure that the installation of parks keeps pace with the issuance of building permits. She also clarified that a town home counts as a single dwelling unit in the park phasing plan. Mr. Crowell added that the public trail is considered a linear park in the Parks Plan. The first park is the trail. The first big park will be the Mount Jordan Park that will be built when 300 building permits have been issued. Mr. Crowell confirmed that staff is tracking the issuance of building permits to ensure that the building of parks keeps pace with the requirements set forth in the Development Agreement.
Chair Bertoch opened the public hearing.
Todd Turley gave his address as 12351 South Gateway Park Place, Draper, and identified himself as a representative of D.R. Horton. Commissioner Pavlakis noted that only 30 units can be built at this point, so she wanted to know which units are not going to be built at this stage. Mr. Turley stated that the answer to her question had yet to be undetermined.
Commissioner Peterson asked how the hammerhead turnaround (east end of Gallant Drive) is going to access the open trail. Mr. Turley did not know.
Commissioner Pavlakis asked about the plans for fencing. Mr. Turley responded that the fencing on the back side of the units will be made of solid color vinyl. With regard to the height of the town homes, Mr. Turley stated that the height is in compliance with the CC&R’s.
Nate Shipp gave his address as 1099 West South Jordan Parkway and identified himself as a representative of 4 Independence, LLC. Commissioner Pavlakis asked about the access to the public trail from the hammerhead on Gallant Drive. Mr. Shipp explained that there is a trail that is a part of the ultimate design of Porter Rockwell Boulevard. The trail is designed to connect to Porter Rockwell Boulevard. Discussion ensued on the fencing that will run along the back side of the property and the sidewalks that will be in place. With regard to fences, Mr. Shipp did not think that Porter Rockwell Boulevard was designed to have a fence as part of the right-of-way. Chair Bertoch observed that the homes will be close to Porter Rockwell Boulevard and anticipated that residents will complain about the noise. Mr. Shipp surmised that if the traffic flow is substantial, a fence will ultimately need to go in, but is not part of the current project.
Commissioner Pavlakis stated that a resident in Independence expressed concern about the grade change in the back and asked if Mr. Shipp would be willing to deal with people who have safety concerns about grade changes that would be mitigated with fences. Mr. Shipp stated that he has worked with the resident referred to and the issue has been resolved. The goal was to have all of the landscaping installed before people start moving in. The grades on the trail had not been set yet. Commissioner Pavlakis expressed her desire to ensure that grade and drainage issues are appropriately addressed and resolved.
In response to a question about whether the HOA is responsible for maintaining the green area and path, Mr. Shipp explained that the yards will first be maintained by the homeowners. The back north trail is slated to be a private trail and will be maintained by the HOA. Discussions were taking place with staff to determine whether the trail should become a public trail and access. Details pertaining to ownership and responsibility for the trails still needed to be finalized. Mr. Crowell indicated that in order to be consistent, the trail to Porter Rockwell Boulevard across the north end of the project is intended to be public, but the plat does not reflect that. As a public trail, it will be installed and then turned over to the City.
There were no further public comments. Chair Bertoch closed the public hearing.
Connie Pavlakis moved to approve the site plan for the DR Horton Plat E-3 Townhomes, Application 2013-55, subject to the following:
Conditions:
1. That all requirements of the City Code, adopted ordinances, adopted building and fire codes and DA requirements are met and adhered to for this subdivision.
2. That the plat specific CC&R’s are recorded with the Plat E-3 final plat, prior to the issuance of building permits for any dwelling unit within this site plan.
3. That all site plan features, building architecture and elevations, color scheme, fencing detail, and landscaping shall adhere to the approved site plan and the conditions of the IDRC approval.
4. That all landscaping, irrigation, and private open space maintenance is the responsibility of the HOA.
5. That the applicant submits a landscaping phasing plan that illustrates minimum landscaping installation around each constructed building and associated park strip landscaping, prior to the final inspection for any constructed building or dwelling in the project. The City Planner shall approve the landscaping phasing plan and no certificate of occupancies for any structure shall be issued unless all landscaping is installed pursuant to the approved landscaping and phasing plan.
6. The E-3 north trail shall be public.
7. The connection and access of the E-3 north trail to the trail system shall be addressed, ordering Porter Rockwell Boulevard.
Von Brockbank seconded the motion. Vote on motion: Connie Pavlakis-Aye; Von Brockbank-Aye; Brad Peterson-Aye; Johnny Loumis, Jr.-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
10. PUBLIC HEARING/CONSIDERATION/VOTE Regarding a Preliminary/Final Subdivision Plat Application for Plat E-3 for 33 Townhomes Including Common Areas and Associated Streets Located at Approximately 15000 South Broad Stripes Drive and Plat G-3 for 29 Residential Lots and Associated Streets at Approximately 15200 South Allegiance Drive within the Independence Master Planned Community, 4 Independence, LLC, Applicant.
Ms. Robison presented the staff report and reviewed the map to show the locations of the parcels under consideration.
Commissioner Peterson interjected a question regarding the propriety of conducting a preliminary and final plat approval at the same meeting, especially since a site plan was approved just minutes ago. Discussion ensued on the issue and it was determined that there was precedent for proceeding with this process, especially since the final approvals will be the responsibility of the City Council at their next meeting. Ms. Robison added that the engineering staff has not imposed any additional requirements. The roads in the plat will be private and are in compliance with the Development Agreement. There will be a sidewalk on one side of the street. The staff report includes the condition that no more than 30 units can be built until the connection to Gallant Drive is approved with Plat E-4 and constructed.
In response to a question raised by Commissioner Peterson as to whether G-3 is an HOA, Ms. Robison stated that G-3 is not an HOA and that it will have single-family homes. Ms. Robison reviewed the G-3 access points and the open space that will be included. The open space areas have been platted and will be developed in accordance with the threshold established in the Public Open Space Phasing Schedule. G-3 is platted with 29 single-family residential lots that will be accessed with a public street. There will be no alleys. The setback requirements are in compliance with the Development Agreement.
In response to Commissioner Pavlakis’ request to see how the overall project is coming along, Ms. Robison reviewed a map of the entire development and explained the status of the different areas.
In response to Chair Bertoch’s question regarding what is happening between Freedom Point Drive and the first set of homes, Ms. Robison explained that that area has just been platted and is included in another plat.
Mr. Crowell indicated that the current number of dwelling units on approved plats is just over 300, including townhomes and single-family dwellings. In addition, 168 apartments have also been approved. Mr. Crowell reiterated that the threshold for park construction is the issuance of building permits. The first trigger for a park is 300 building permits. To date, 75 building permits have been issued.
Chair Bertoch opened the public hearing. There were no public comments. The public hearing was closed.
Connie Pavlakis moved to forward a positive recommendation to the City Council for the Independence at the Point Preliminary and Final Plat E-3 Application 2013-47 and Preliminary and Final Plat G-3 Application 2013-22, subject to the following:
Conditions:
1. That all requirements of the City Code and adopted ordinances are met and adhered to for each proposed plat.
2. That all plats comply with the Bluffdale City Engineering Standards and Specifications and recommendations by the City Engineer and Public Works Department for all relevant construction and plat drawings prior to the plat recording.
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 for Plat E-3.
5. That all building permit submittals for homes have written or stamped approval from the Independence Development Review Committee, pursuant to the requirements of the DA prior to being submitted to the City.
6. That easements for any offsite facilities are provided to the City, as applicable, prior to recording the subject plat.
7. That all street trees shall be installed in the park strips prior to the issuance of a certificate of occupancy for all dwellings in accordance with the approved Street Tree Plan.
8. That all park strip landscaping irrigation and maintenance is the responsibility of the HOA or adjacent home owner, as applicable.
9. That only 30 building permits are allowed to be issued in Plat E-3 until Gallant Drive is approved and constructed to complete the second access for internal connectivity and safety concerns.
10. That Parcel A identified as open space on Plat G-3 be constructed and improved including a portion of the trail system consistent with the Public Open Space Phasing Schedule as outlined above.
11. Pursuant to the Open Space Plan, the E-3 north trail shall be public.
12. The connection and access of the E-3 north trail to the trail system shall be addressed, ordering Porter Rockwell Boulevard.
Johnny Loumis, Jr., seconded the motion. Vote on motion: Connie Pavlakis-Aye; Brad Peterson-Aye; Johnny Loumis, Jr.-Aye; Von Brockbank-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
11. City Council Report.
There was no City Council Report.
12. Planning Commission Business (Planning Session for Upcoming Items, Follow Up, Etc.)
At the next meeting where discussion was to take place regarding Independence, Commissioner Brockbank asked how many units were approved and the density. He was of the belief that the density is higher than what was approved. Mr. Crowell stated that a tabulation of that information would not be difficult to compile. Commissioner Brockbank wanted the information because he did not want to see approval of high-density areas without confirmation that the density requirements are being met. It was observed that the overall project density has already been set. Commissioner Brockbank stated that there have been many high-density lots approved and he wanted to ensure that they are being counterbalanced by lower-density areas to ensure ongoing compliance with the density requirement. Mr. Crowell agreed to provide the requested tabulation.
13. Adjournment.
The Planning Commission Meeting adjourned at 10:08 p.m.
__________________________________
Gai Herbert
Community Development Secretary
Approved: ____September 17, 2013_____