Present:
Members: J. Lee Bertoch, Chair
Von Brockbank
Brandon Nielsen (arrived at 7:12 p.m.)
Connie Pavlakis
Brad Peterson
Others: Mayor Derk Timothy (arrived at 7:06 p.m.)
Mark Reid, City Manager (arrived at 7:06 p.m.)
Grant Crowell, City Planner/Economic Development Director
Alan Peters, Associate Planner
Gai Herbert, Community Development Secretary
Excused: Johnny Loumis, Jr.
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 arrived later and Johnny Loumis, Jr., who was excused.
Nate Shipp offered the invocation.
Kim Rindlisbacher led the Pledge of Allegiance.
2. Public Comment.
There were no public comments.
3. Consideration and Vote Regarding a Final Plat Application for The Falls at Boulden Ridge Phase 3B, a 10-Lot Residential Subdivision Located at Approximately 14600 South 3200 West, Scenic Development, Inc., Applicant.
Alan Peters, Associate Planner, presented the staff report and stated that the proposal is for the fourth phase of The Falls at Boulden Ridge. The parcel under consideration is 8.24 acres in size. The 10 lots in the subject parcel are located on an extension of Boulden Boulevard. The property is zoned R-1-43. Mr. Peters stated that the preliminary plat was first approved in November 2006, utilizing the City’s PRD ordinance, which has subsequently been repealed. Inasmuch as the preliminary and final plats for Phase 1 were approved when the PRD ordinance was in place, Mr. Peters indicated that approval of the entire site for the preliminary plat, along with the original final plat approval, vested this subdivision under the provisions of the City’s PRD regulations, which allowed lot sizes to be reduced from 1.0 acre with some clustered design features.
Mr. Peters updated the Commission on the development of the subdivision, reviewing when each plat was approved. To date, 44 building permits have been issued for the entire subdivision, and 29 homes completed. Building permits were expected to be issued soon for Phase 2.
The subject parcel has 10 lots on an extension of Boulden Boulevard. Each lot ranges from .70 acre to .75 acre in size. The northern lots will be horse properties. A fence will be constructed along the northern perimeter. The DRC reviewed the documentation and recommended final plat approval. Mr. Peters called to the Commissioners’ attention a memo from Matthew Chadwick, Assistant Engineer, who added a condition that the storm drain boxes’ inside dimensions be sized to 3 feet by 3 feet, instead of 3 feet by 4 feet shown in the current plans. That change would have to occur prior to construction.
Mr. Peters indicated that there will be a turnaround easement constructed on the west end of Boulden Boulevard until the phase is completed and the road comes through. In response to Commissioner Brockbank’s question regarding the material of the turnaround, Mr. Peters stated that it will be constructed of road base. The City Inspector will ensure that it is satisfactory. If the road base is insufficient, asphalt may be considered.
Commissioner Peterson inquired about the 15-foot trail easement between Lots 318 and 319. Mr. Peters explained that the easement will connect to a cul-de-sac to allow pedestrian connectivity. The trail will not be constructed until that portion of the subdivision is built. In response to Commissioner Peterson’s question of whether or not the trail will be usable by people on horses, Mr. Peters stated that he did not know the exact uses of the trail. It was confirmed that the easement is for pedestrian access to the cul-de-sac that will eventually be built.
J. Lee Bertoch opened the public hearing.
Kim Rindlisbacher gave his address as 14572 South 790 West and identified himself as a representative of Scenic Development, the applicant. Mr. Rindlisbacher stated that he updated Mr. Peters on the amenity package that will be part of the development. He remarked that the market has been good so far. In response to Chair Bertoch’s question regarding the horse property to the north, Mr. Rindlisbacher confirmed that the horse lots will be kept on the north end of the property. In response to Commissioner Brockbank’s question regarding the location of the ditch that runs along the property line, Mr. Rindlisbacher stated that part of it is inside the fence line and part is outside the fence line. He believes that at this section of the ground, the ditch is inside the fence. He originally anticipated putting in an 18-inch corrugated pipe, but a pressurized PVC pipe will be placed instead if the other ditch users agree to the plan. Commissioner Brockbank stated that his primary concern was that the homeowners will be able to use the ditch. Mr. Rindlisbacher reassured the Commissioners that the head gates will be on the owners’ side of the ditch. A ‘T’ will be placed in the PVC pipe at each head gate so that the owners can receive water. Mr. Rindlisbacher added that the ditch is inside his property. Steve Mousley would like the ditch to be shifted to his side, which he had no objection to. All will depend on the wishes of the homeowners.
Commissioner Brockbank disclosed that his interest in the ditch is based on the fact that he uses the same ditch on his property. With regard to the homes on Phase 3A, Mr. Rindlisbacher explained that the ditch there is still in development. Some homeowners in the area do not want to see the trees removed that run along the ditch.
There were no further public comments. J. Lee Bertoch closed the public hearing.
Commissioner Pavlakis asked about the additional condition regarding the drain box size. Mr. Peters confirmed that the condition is implicit in condition number 6 of the staff report.
Connie Pavlakis moved to forward a positive recommendation to the City Council for The Falls at Boulden Ridge – Phase 3B Final Plat, Application 2013-54, 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. That 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 west end of Boulden Boulevard prior to or concurrent with the final plat.
6. That all the requirements in the attached memo from Matthew Chadwick, Assistant City Engineer, are addressed before construction.
Findings:
1. The proposed use is allowed as a Permitted Use in the underlying R-1-43 zone.
2. The proposed subdivision meets the requirements of the Bluffdale City Subdivision Ordinance.
3. The preliminary plat for this subdivision was approved by the City Council on November 28, 2006 and is vested by that approval.
4. The proposed plat 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 the motion: Brandon Nielsen-Abstained; Brad Peterson-Aye; Connie Pavlakis-Aye; Von Brockbank-Aye; J. Lee Bertoch-Aye. The motion passed unanimously with one abstention.
4. Consideration and Vote Regarding a Final Plat Application for D-5 Located at Approximately 15000 South Freedom Point Way within the Independence Master Planned Community, 4 Independence, LLC, Applicant.
City Planner/Economic Development Director, Grant Crowell, presented the staff report and stated that the proposed one-lot subdivision will be the first park in Independence. He reviewed the Parks and Trails Plan for Independence at the Point and stated that the Project Plan approved in November 2012 includes the exhibit for the park. In relation to the other plats under development, this park is in the middle of the area where the first residents will be moving into the project. The plat includes some easements for utilities, etc. Mr. Crowell reviewed the landscaping plan. The park will ultimately be turned over to the City, which will be responsible for maintaining the park. The staff report included conditions; however, Mr. Crowell did not think they should delay approval of the plat.
In response to Commissioner Pavlakis’ question regarding the size of the pavilion, Mr. Crowell did not remember how many people it would accommodate.
Chair Bertoch asked about the storm drain combo boxes. Mr. Crowell stated that they were conditions of approval from Assistant Engineer, Matthew Chadwick. In response to Chair Bertoch’s question regarding the retention pond, Mr. Crowell explained that the water is detained for a short period of time, after which it outflows into the system. It will not be a retention pond where water will sit until it evaporates or percolates into the ground. Mr. Crowell stated that the storm drains were approved in conjunction with Plat A.
With regard to the timeline for construction of the park, Mr. Crowell reminded the Commissioners that it would have to be built when the threshold of the issuance of 300 building permits has taken place. Currently approximately 80 building permits have been issued.
Commissioner Peterson asked about the water that will be provided for the park. Mr. Crowell stated that secondary water is required just for the parks and trails area in the project. Another condition of recordation of the plat is water dedication pursuant to the Development Agreement. The City has one set of rules. A separate set of rules governs the parks and trails area of Independence. Culinary water will be used for the restrooms and irrigation of the park. Commissioner Peterson next asked if the crosswalk at the north end, where it hooks into the trail system, will be painted. Commissioner Peterson did not know for certain how helpful marked crosswalks are, but wanted to see this crosswalk marked, nonetheless. Mr. Crowell stated that it would be on the Street Plan in a different plat, but he did not know for certain what it would be. The option of signage was also discussed. With regard to verbiage on the plan that stated “roadway dedication,” Mr. Crowell explained that it was intended to ensure clarity of the road dedication.
Commissioner Brockbank sought clarification on the retention pond. Mr. Crowell stated that it is not designed to be permanent retention but rather temporary detention with a pass-through value in the event of storms. Commissioner Brockbank expressed concern about the safety and liability of a pond without a fence, especially when children will be playing nearby. Mr. Crowell stated that the soil is very sandy, so it will have a high degree of permeability. Mr. Crowell acknowledged that there have been problems with some detention basins.
Commissioner Peterson asked if it would be possible to paint the curb red to preclude curbside parking since the park will be on a corner. Mr. Crowell explained that it could be a safety issue, but he was not prepared to recommend the proper treatment for the curb to address safety. The City Engineers will have to study the issue and determine the legal specifications and options. Mr. Crowell suggested that the Planning Commission either leave the issue with the City Engineer or continue it until a later meeting.
Mr. Crowell stated that the density and parking on the development presents a whole new paradigm to the City Planner’s Office. Chair Bertoch stated that if there were a problem in the future, the City could address the issue at that time. Mr. Crowell stated that various options could be implemented, such as installing signage and working with the police. Commissioner Peterson acknowledged that much will depend on how sharp the turn is, how many trees there are, and how much use the park is receiving. Mr. Crowell stated that he would visit with the City Engineer to address the concerns identified.
J. Lee Bertoch opened the public hearing.
Nate Shipp gave his address as 1099 West South Jordan Parkway and identified himself as the representative of 4 Independence, LLC. In response to Commissioner Brockbank’s question regarding the anticipated build out and dedication of the park to the City, Mr. Shipp stated that he would like the park to be operational by the end of the year.
There were no further public comments. J. Lee Bertoch closed the public hearing.
Brad Peterson moved to forward a positive recommendation City Council for the Independence at the Point final plat D5, Application 2013-48, 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 final construction plans are update to include: Concrete specifications for the basketball court, Concrete wall specifications around the playground area and surrounding sidewalk and sod areas, Lighting standards – locations, types – overall and lighting in pavilions and restrooms, prior to commencement of construction.
3. That the word “public” is added to the roadway dedication parcel on Freedom Point Way prior to recordation.
4. That a note is added to the plat to the effect that Parcel A shall be dedicated to Bluffdale City.
5. That any greenbelt rollback taxes which are due for the subject parcel are paid by the applicant prior to plat recordation and dedication to the City.
6. That all remaining required items as listed in the City memo from Matthew Chadwick, dated August 7, 2013, are included in the final construction drawing set prior to construction.
Findings:
1. That this application conforms to the Independence at the Point Development Agreement, as amended, and the requirements of the Mixed Use zone as applied to the DA.
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.
Von Brockbank seconded the motion. Vote on the motion: Brad Peterson-Aye; Von Brockbank-Aye; Brandon Nielsen-Aye; Connie Pavlakis-Aye; J. Lee Bertoch-Aye. The motion passed unanimously.
5. City Council Report.
Commissioner Brockbank inquired about agenda item number 5, pertaining to the ordinance prohibiting the discharge of firearms. Mr. Crowell explained that the City has a shooting map that was left unchanged, except for the removal of rifles. As land is developed, approved shooting areas will be eliminated. The shooting of bows was still permitted in any location designated on the map.
In response to Commissioner Nielsen’s question about whether the City is following the County or State law, Mr. Crowell stated that the City is following its own law, which includes restrictions included in State law. Mr. Crowell referred the Commissioners to the City’s web site, www.Bluffdale.com, under “Quick Links.” Commissioner Pavlakis expressed kudos to the youth in attendance at the City Council Meeting to share their experiences. Their feedback added depth to the discussion.
Regarding agenda item number 9, Mr. Crowell stated that the City Council repealed the PRDs, as recommended by the Planning Commission. The next joint meeting of the City Council and Planning Commission was scheduled for October 29th. At that time, staff would seek policy direction.
Commissioner Brockbank asked about agenda item number 10, pertaining to Independence plats E-3 and G-5. Mr. Crowell stated that the City Council approved those plats.
Regarding agenda item number 15, pertaining to Aclaime at Independence, Mr. Crowell showed a picture of what he referred to as “the rest of Independence.” The only piece for which there was not an active developer was the parcel to which this agenda item referred. This land will entail a new Development Agreement which will be drawn up between Dave Tolman and Bluffdale City. In the future the Planning Commission and City Council will consider the proposals developed for the property. The original Master Agreement covered the entire 500 acres of the Independence area. Subsequent to that time, the land was split up. Mr. Shipp pulled out all of the property owned by DAI and created a separate Development Agreement with the City. There are now two Development Agreements governing the original project. As other developers become involved, they will negotiate their own Development Agreements. Different legal issues and constraints will impact the ongoing development of the property. Much will depend on what the market allows.
6. Planning Commission Business (Planning Session for Upcoming Items, Follow Up, Etc.)
Mr. Crowell expressed his appreciation to Associate Planner, Jennifer Robison, for her work in developing the table showing the progress of Independence and the current status of each plat, as previously requested by the Planning Commission. Mr. Crowell reviewed the process that has evolved to ensure that density and open space requirements are maintained. He reassured the Planning Commissioners that staff strives to ensure that the density-versus-open-space requirements are being met. From a global scenario, the Independence is under the threshold at present.
Mr. Crowell reviewed the different capital improvement projects that will take place in the future and explained how impact fees are derived.
With regard Commissioner Nielsen’s question about how reimbursements from impact fees occur, Mr. Crowell explained that a project must first be identified and included in the Impact Fee Plan and in the Capital Facilities Plan. There must also be a budget in the Impact Fee Plan and what it consists of. Mr. Crowell reviewed the mechanics of how impact fees are allocated.
In response to Commissioner Nielsen’s question regarding 1300 West, Mr. Crowell stated that the white fencing is private and owned by Spring View Farms. The land dedicated to the City with the Bluffs Apartments project will be a public park. Currently the land is being leased for farming, so the City needs to determine what to do with the land and the timeline for doing so.
City Manager, Mark Reid, asked Mr. Crowell to update the Commissioners on the Salt Lake County Regional Park. Mr. Crowell explained that a phasing plan is in place. A Site Plan Application will be submitted that explain the plans for each phase. The park seems to be making good progress.
Mr. Crowell indicated that the developer of Spring View Farms visited with staff and asked the City Council to create a Special Assessment Area (SAA) to be the succession plan for the HOA. The goal was to eventually have a Community Recreation Center there. Research was still being conducted regarding the legal and financial implications. It would be next to Sage Estates. The project is still in the fact-finding stage of the process. The LDS Church has also been looking at property along 1300 West by Sage Estates as a possible meetinghouse site. Both buildings could not be placed on the same parcel. The State Legislature is beginning to ask if there is another way to ensure the long-term viability of areas that are in HOAs, particularly if the HOA goes defunct. They also would like to know what community options are available for cities to create special assessments.
Chair Bertoch noted that traffic is getting ridiculous and asked about the status of Porter Rockwell Boulevard. Mr. Crowell acknowledged the substantial influx of traffic and stated that the key elements are funding and timing. UDOT has been cooperative in addressing increased traffic in the area. The bridge, which has been funded, is critical because a wider, longer bridge allows for new interchange types. Thus far there had been no commitment on the design and timeline of a new interchange. The interchange and frontage roads were issues that need to be assessed and determined and are works in progress.
Porter Rockwell Boulevard includes a “T” intersection, which is problematic. The City finally agreed on an alignment that tentatively will curve as the road goes north of the high school toward a new interchange at 14600 South. The existing 14600 South interchange will have to come into the curve somewhere. The planning was accepted by UDOT, but the City still doesn’t have the right-of-way because it is Mr. Tolman’s property. Negotiations would have to take place. Mr. Crowell reiterated that the City is currently doing the “heavy lifting” for the region to get Porter Rockwell Boulevard constructed. There is not a huge allocation for the project, so it can only progress incrementally. If a regional commitment can be achieved, that will facilitate the progress of the road. Mr. Crowell was pleased with the progress being made, especially with the broad support that has come forth.
Heritage Crest was also of concern, so the City must be persistent. UDOT has many priorities and Bluffdale has to be diligent to keep itself on UDOT’s radar.
In response to Mayor Timothy, Mr. Crowell acknowledged that the grade separating interchange at Bangerter Highway and Redwood Road is also a major project. Mr. Crowell explained that Bangerter Highway will go over Redwood Road by the end of 2014. Mayor Timothy added that the City is trying to acquire some of the property so that there is an entrance to the City.
In response to Commissioner Nielsen’s question regarding the timeline for 600 West, Mr. Crowell stated that he was not certain. The approvals have been acquired, but there is a huge redevelopment area nearby that will affect the timeline. It is currently in phase 1.
Mr. Crowell next brought up an issue that had been adjudicated by the Board of Adjustment. Mr. Crowell explained that a family requested a variance for a swimming pool. Other cities allow pools to be built with five-foot setbacks; however, in Bluffdale, pools have to have at least 10-foot setbacks. Actually, pools aren’t really addressed separately. Parry Farms allows for smaller lots, which makes it difficult to fit a house and a pool, so the family asked for a variance. The Board of Adjustment determined that the family was not a candidate for a variance, but recommended that Mr. Crowell visit with the Planning Commission and the City Council to see if one of the bodies would initiate a change to the City Code to write in a five-foot setback for pools. The Planning Commission has the prerogative to initiate changes, such as they did with the fencing issue.
Commissioner Nielsen reported that he had a pool in Phoenix, Arizona, with five-foot setbacks. He, therefore, saw no problem with allowing five-foot setbacks in Bluffdale. In response to Chair Bertoch’s question regarding the concern with this issue, Mr. Crowell explained that the applicant just wanted to fit their pool. However, the Board of Adjustment stated that the applicant’s request was a policy issue, not a variance issue. The Board, in fact, stated that the idea for the pool was fine, but the City Code and State Law are very specific on the issuance of variance. Therefore, the City’s policy makers need to resolve the issue by adjusting the Code to include a section that specifically addresses swimming pool setbacks. Currently, the ordinance treats a swimming pool the same as a shed or a garage.
Chair Bertoch believed the issue should be explored. If the necessary fencing is in place, he did not perceive the pool to be a problem. Utility easements are also another variable that should be addressed. Mr. Crowell clarified that a single ordinance could be written to address pools in all zones. Chair Bertoch noted that in Sandy, pools are right next to the owners’ fences. Mr. Crowell noted that five-foot setbacks are the prevailing policy in most cities. Mr. Crowell stated that the issue could be addressed with just one paragraph. He then stated that he would draft language for Planning Commission consideration.
Chair Bertoch stated that the green garbage are very ugly. Mr. Reid stated that in November all of the brown garbage cans will go away and replaced with green garbage cans with green lids. Mr. Reid noted that half of the City residents opted out.
7. Adjournment.
The Planning Commission Meeting adjourned at 8:16 p.m.
__________________________________
Gai Herbert
Community Development Secretary
Approved: ____September 17, 2013____