MARRIOTT-SLATERVILLE CITY PLANNING COMMISSION
1570 West 400 North
Tuesday, October 18, 2022 - 7:00 P.M.
Commissioners Present:
Maurice Pitcher, Acting Chair
Kent Schofield
Mike Hunsaker
Electronic Attendee:
Les Syme, Chair
Excused:
Kent Meyerhoffer, Vice-chair
Dale Neal
Justin Tobias Staff Present:
Bill Morris, City Administrator
Trent Meyerhoffer, Director
Zack Loveland, Director
Marilyn Draper, Secretary
Visitors: Jim and Buzzy Ito, Janet Shufelt, Carl and Trudy Slater, Matt Gerte, Rhett Buttars, Dan
Laloli, Ryan Beck, Preston Unck, Matthew Loveland, Kirt and Kelly Linford, John N, Gary Ellis.
1. Call to Order/Pledge of Allegiance.
Acting Chair Pitcher called the meeting to order at 7:00 pm and the Pledge of Allegiance was recited.
2. Discussion/action on minutes.
Motion by Mr. Schofield, seconded by Mr. Pitcher, to approve the minutes from September 20, 2022. All in favor, none opposed.
3. Discussion/action on expansion of nonconforming use by Ray's Auto Body located at 684 South 1900 West.
Janet Shufelt, resident, feels that all the questions she had at the Planning Commission Meeting last month were not answered. She said she has spoken with someone from UDOT since that meeting and was told that the widening of 1900 West was on their long-term list to be completed within the next 20 to 30 years. She was told by UDOT that the turn lane would only take 12' to15', and wonders why she was told it will take more when UDOT says it will not. She wants to know what the Code requirement is when expanding a business. She is also concerned about curb, gutter, and sidewalk; is there a concern that installing that would encroach on the business. She feels this expansion is affecting her home and property value and would like these issues addressed.
Gary Ellis, developer addressed her comments:
He said there are many things to consider with this expansion and they cannot wait until 2024 to see if it actually happens and then begin planning for it. He does not want to have to move again when UDOT eventually widens. This is a need they have now and they are trying to make it as pleasant as possible for the affected residents.
Staff noted that residents have the ability to file for an opinion with the Office of the Property Rights Ombudsman.
Mr. Syme said as the City continues to expand in the future it will continue to affect residents.
Staff noted that UDOT has told the City that $1 million has been set aside for the engineering for this project which is to begin next year. Mr. Meyerhoffer feels that Mr. Ellis has done his best to comply with the expansion of a non-conforming use code and that the City has met with him to address the issues from the prior meeting.
Mr. Pitcher sees a transition of 1900 West to commercial in the future, and this is consistent with that.
Mr. Schofield feels that if this were across the street from his home he would still be obliged to approve it. Mrs. Shufelt asked about details of the required landscaping. Mr. Ellis explained their landscaping plans are to xeriscape and keep any trees that do not impede the driveway. If a fence is installed in a front yard it cannot exceed 4' in height per code.
Motion by Mr. Hunsaker that we approve this non-conforming use Site Plan pending the following requirements being met:
1. Compliance with staff and affected entity requirements.
2. Compliance with requirements of the City Engineer.
3. Development to conform to Municipal Code requirements and Public Works Standards.
4. Update to Dark Sky Lighting requirements for lights and signs.
5. Update storm water regulations.
6. Update landscaping, screening, and dumpster.
7. Turn over secondary water shares and annexation in to the Pioneer Special District and connect to secondary water.
8. Pipe irrigation facilities and provide irrigation access agreement/easement from the irrigation company.
9. Comply with code for the expanded use and site.
10. Provide a parking plan.
11. Comply with Fire Marshal access requirements between the new building and existing home.
12. Slated fencing required around the perimeter using a durable, wind resistant, aesthetic material.
Motion seconded by Mr. Pitcher. All in favor, none opposed.
4. Discussion/action on Site Plan for the Tee Box located at 2200 West 1200 South.
Staff explained the Municipal Code requirements for this Site Plan. This site is located adjacent to 12th Street in the newly annexed area of Marriott-Slaterville. The property is zoned Mixed-Use and the Annexation Agreement allows for this commercial recreation business which includes a driving range and dining area. The proposed use conforms to the General Plan.
Applicant David Laloli said this business will be the first in the phasing of commercial businesses at the annexation area. They would like to have high quality tenants. They project that the commercial development may be a bit ahead of the homes planned. They think it may take a year or less to construct the Tee Box Range.
Mr. Schofield asked if there was an access off of 12th Street and was told that they have had preliminary meetings with UDOT, who told them they will have three (3) full accesses. It will warrant a light at 12th Street once the project is built out. The commercial buildings will be accessed for the most part from 12th Street, which will be widened to four lanes, including turn lanes. Mr. Hunsaker feels this is a huge safety concern.
Mr. Schofield asked what progress they are making on required city documentation and Mr. Meyerhoffer said they are in the process of working on them.
Chair Syme explained how this development came about and would like to have the development CC&R's completed with the phasing. He also wants the commercial development plan to be completed first, or at the least a minimum of 80% completion.
Carl Slater is concerned about the bright lights that can be seen from a long distance and how these lights will affect his house and nearby neighbors. Staff said that recreational developments are exempt from Dark Sky Lighting. It was discussed that the Toad's Driving Range closes at 9:00 PM in the winter and 11:00 PM in the summer. This site should do the same.
Preston Unck, owner of Tee Box, said that the lighting is designed to shine lower on the net section with the ability to limit as much unnecessary light as possible. These lights are direction-specific which are the same as those they have at their St. George facility, and they have not had any complaints there. Staff explained that they will be held to these standards.
Jim Ito, resident, feels that the lights can be measured specifically.
Mr. Hunsaker feels there are too many open ends that need to be decided before we proceed any further.
Motion by Mr. Hunsaker to table this until there is more information and further documentation on the progress of the commercial property and the phasing process. Motion failed for lack of a second.
Dave Laloli discussed the commercial area. Staff noted that the discussion about the residential and commercial development is separate from the Tee Box Site Plan. Chair Syme said we talked about phasing from the beginning and that the commercial is to be built out the same time as the residential. He fears that the City will be left responsible for an incomplete project.
Pat Burns was asked if the Tee Box Range is viable by itself without the homes. He said they are investing another $2 million to bring this about. They think they will absolutely have the commercial completed before the residential. However, they cannot guarantee that all of the 32-acres of commercial will be built out before the residential. He stressed that the Tee Box Range is crucial to the overall project.
Motion by Mr. Hunsaker to table this proposal pending more information. Motion failed with no discussion.
Staff suggested that the City sit down with the developer and discuss the issues raised this evening. Staff need a Development Agreement for the commercial portion separate from the residential.
Motion by Mr. Schofield to approve the Site Plan for the Tee Box Range subject to:
1. Commitment to serve letters from affected entities.
2. Memorandum from City Engineer.
3. Enter into Site Plan Improvement Agreement with the City.
4. Submit Covenants, Conditions & Restrictions for the commercial area.
5. Review and completion of Boundary/Lot Line Adjustment Application.
6. Compliance with staff and affected entity requirements.
7. Compliance with requirements of the City Engineer.
8. Development conform to Municipal Code requirements and Public Works standards.
9. Comply with Dark Sky Lighting Ordinance.
10. Comply with Storm Water regulations.
11. Comply with Section 13.24.025 of the Municipal Code.
Seconded by Mr. Pitcher. All in favor, none opposed.
11. Work Session: Woodside Homes for 200 unit subdivision at 1200 South 2800 West.
Due to time constraints Mr. Meyerhoffer suggested that the developers review the changes we made in the Master Development Agreement and we will discuss it during a separate meeting. The owner of Woodside Homes responded to the phasing portion and said due to the current housing market they are unsure how the phasing will proceed. They anticipate building approximately 50 units per year.
Mr. Meyerhoffer said his big concern is the infrastructure details, which he will need right away. Mr. Loveland reminded them that they will have to comply with storm water requirements in the existing flood plain. There are also some concerns about the irrigation water.
Regarding time lines staff wonder if they will they be ready to submit drawings and a Subdivision Application for next month's Planning Commission Meeting. These items would be due by the end of October.
12. Discussion/action on setting public hearing on Woodside Homes project at 1200 South and 2800 West.
Motion by Mr. Schofield, seconded by Mr. Hunsaker that we set the Public Hearing for November 15, 2022.
13. Commission and staff follow-up.
There was no follow-up.
14. Adjourn.
Being no further business, the meeting was adjourned at 9:23 PM.
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Dana Spencer at 801-627-1919.