agenda bluffdale city planning … bluffdale city planning commission meeting august 19, 2015 notice...

AGENDA BLUFFDALE CITY PLANNING COMMISSION

MEETING

August 19, 2015

Notice is hereby given that th e Bluffdale City Planning Commission willhold a public meeting Wednesday, August 19, 2015, at the Bluffdale City Fire Station, 14350 South 2200 West, Bluffdale, Utah. Notice is further given that access to this meet ing by Planning Commissioners may be by electronic means by telephonic conference ca ll. The Agenda will be as follows. Please note that all t imes listed on the Agenda are provided as a courtesy an d are approximate and subject to change.

PLANNING COMMISSION BUSINESS MEETING

1. Public comment (for non-public hea ring items).

2. Approval of minutes from July 15, 2015 and August 5, 2015 meeti ng of the Planning Commission.

3. PUBLIC HEARING, CONSIDERATION, AND VOTE on a proposed Site Plan for 103 Townhomes including common areas, landscape plan, building elevations, and associated st reets located at approximately 1000 West Harmon Day Dr. (14800 South) w ithin the Westgate Aclaime at Independence Mast er Planned Community, Holmes Homes, applica nt.

4. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Plat Amendment Appl ication to amend Lot 74 of the Sage Estat es Phase 2A Subdivision located at approximat ely 14294 South Loumis Parkway (1300 West), BHD Archit ect s, applicant.

5. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Conditional Use Application for The Church of Jesus Christ of Latter-day Saints Meetinghouse located at approximately 14294 South Loumis Parkway (1300 West), BHD Architects, applicant.

6. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Si te Plan Applicat ion for The Church of Jesus Christ of Lat ter-day Saints Meeti nghouse located at approximately 14294 South Loumis Parkway (1300), BHD Archit ect s, applicant.

7. City Council Report.

8. Planning Commission business (planning session for upcoming items, follow up, etc.).

9. Adjournment.

Dated: August 14, 2015

Grant Crowell, AICP City Planner/Economic Development Director

In compliance with the American Disabilities Act, individuals needing assistance or other services or accommodation for this meeting should contact Bluffdale City at least 24 hours in advance of this meeting at (801)254-2200. lTY 7-1-1.

*Contact Gai Herbert if you desire to give the Invocation.

Present:

Members:

Excused:

Others:

BLUFFDALE CITY PLANNING COMMISSION MEETING MINUTES

Wednesday, August 19,2015

Brad Peterson, Chair Connie Pavlakis James Wingate Von Brockbank Johnny Loumis, Jr.

Kory Luker

Grant Crowell, City Planner/Economic Development Director Jennifer Robison, Associate City Planner Gai Herbert, Community Development Assistant

BUSINESS MEETING

Chair Brad Peterson called the meeting to order at 7:00p.m.

1. Invocation and Pledge.

Herbert Williams offered the invocation. The Pledge of Allegiance was recited.

2. Public Comment.

Von Brockbank thanked Connie Pavlakis for her work coordinating Bluffdale Old West Days, which took place from August 10 to 15. Chair Peterson likewise acknowledged the fine work of his Planning Commission colleagues with this major City event.

3. Approval of Minutes from the July 15, 2015, and August 5, 2015, Meetings of the Planning Commission.

Von Brockbank moved to approve the minutes from the meeting of July 15, 2015, as written. James Wingate seconded the motion. Vote on motion: Johnny Loumis, Jr.-Aye, Von Brockbank-Aye, James Wingate-Aye, Connie Pavlakis-Aye. Brad Peterson abstained as he was not in attendance at the meeting. The motion passed unanimously.

James Wingate moved to approve the minutes from the meeting of August 5, 2015. Von Brockbank seconded the motion. Vote on motion: Von Brockbank-Aye, James Wingate-Aye, Brad Peterson-Aye. Connie Pavlakis and Johnny Loumis, Jr. abstained as they were not in attendance at the August 5 meeting. The motion passed unanimously.

4. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Proposed Site Plan for 103 Townhomes, Including Common Areas, Landscape Plan, Building Elevations, and Associated Streets Located at Approximately 1000 West Harmon Day Drive (14800



South) Within the Westgate Aclaime at Independence Master Planned Community, Holmes Homes, Applicant.

Associate City Planner, Jennifer Robison, presented the staff report and identified the location of the townhomes discussed at the last meeting. She explained that the main collector road for the plat will be Harmon Day Drive. Mrs. Robison stated that two and three-story townhome units are being proposed. All are alley loaded and will be oriented to the street or open space. She referenced a concern pertaining to addressing that was discussed at the last meeting. Staff looked at similar units in the area and spoke with the Fire Chief. It was decided that addresses will be placed at the top of the garage in the rear and on the front side of each unit. Mrs. Robison next reviewed the rendering of the two-story units including the elevations for the rear. She then reviewed the rendering of the three-story units, as well as the rear elevations. She informed the Commission that the meeting packet included the material and color schemes proposed by the developer plans.

Mrs. Robison next reviewed one phase of the landscaping plan. As is the case with the other townhome developments, the developer will be required to install landscaping around the perimeter. Staff will work with the developer to ensure that landscaping is installed in a timely manner. She added that street trees are also required on the sub-streets.

Mrs. Robison next addressed the issue of parking, which was a sticking point at the last meeting. She noted that the packet also contains snow removal and parking figures. She added that this is the plan that was proposed when the Development Agreement was approved. Parking, including onstreet parking, had been addressed. There will be some on-street parking in addition to additional parking spaces. There will be no parking on the collector road. Additionally, there is no parking near the single-family homes. There are also private streets where there will be no on-street parking.

Mrs. Robison confirmed that that there will be no on-street parking on the northern portion of the project. It was reported that there will be two parking spaces per unit and that the parking allotment complies with the City Ordinance. The garages can accommodate two cars and two cars can park in the driveways. Mrs. Robison stated that no additional lighting is proposed beyond what is already on the buildings.

Commissioner Brockbank's concern with parking was that even though there are streets that have been designated as no parking, once the area is built, enforcement will become the responsibility of the HOA. He was considered the proposed parking to be inadequate.

In response to Chair Peterson's question regarding the CC&Rs, Mrs. Robison stated that they are not part of the requirements . Mrs. Robison noted that most of the Westgate subdivision plat has already been recorded. If there are CC&Rs, the City needs to receive and record them before issuing building permits. It was noted that some of the HOAs have their own CC&Rs. Chair Peterson next asked how staff felt about the parking for this particular site plan. City Planner/Economic Development Director, Grant Crowell, referenced Beacon Hills Plat B from 2012, and noted that the issue has been a challenge and generated robust discussions. The key was whether the site plan meets the ordinance and is vested. Only time will tell if the City Ordinance

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meets the actual need. For now, however, it will be difficult to add requirements that go beyond the current City Ordinance.

In response to a question raised by Commissioner Pavlakis Mr. Crowell stated that the streets in Bluffdale Heights are public streets and parking is allowed. Commissioner Pavlakis stated that the streets become impassable if cars park there. Mr. Crowell stated that this becomes a City-wide issue that needs to be addressed. Recently someone asked about storing trailers on a public street. The issue was taken to the City Council who did not want to create new ordinances to address onstreet storage.

Commissioner Brockbank acknowledged that the City Ordinance specifies two parking spaces per unit for property owners. It was noted that there are no specifications for visitor parking. Mrs. Robison highlighted the fact that there will be some open space, including the streetscapes, which will be the responsibility of the HOA. The City will own open space adjacent to the property on the north and south sides. There will also be a 10-foot trail.

Chair Peterson reiterated that at the last meeting, the Planning Commission talked at length about the fact that the homes are rear facing. He noted that the Fire Chief addressed the issue and has signed off on it.

Chair Peterson opened the public hearing. There were no public comments. Chair Peterson closed the public hearing.

Commissioner Wingate stated that the application poses the same concerns raised at the previous meeting. He explained that the City is bound if the plan meets the ordinance that was in place when the Development Agreement was originally signed. He also questioned the efficacy and aesthetics of painting the curbs red.

Steve McCutchan stated that when the developers began to plan the project, one of the things they saw at Independence at the Point was very narrow streets with parking on both sides. For this reason, they implemented parking on one side of the street. By allowing parking on just one side of the street, there is at least 20 feet of area to drive on. Mr. McCutchan added that the private streets are three feet wider, curb-to-curb, than the public streets. He identified on the map another area that is available for parking. He remarked that there will be adequate parking. The HOA will be responsible to police the legal parking on the private streets. He asserted that people who purchase homes in areas like this need to realize that it will be necessary to park in their garage. He commented that he has built other alley-loaded projects and has not seen an acute parking problem in those areas.

Commissioner Brockbank asked Mr. McCutchan how he envisions the HOA will enforce parking on private streets. Mr. McCutchan stated that the typical process is to issue a warning. If violations continue, the violator's car is typically towed.

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Commissioner Brockbank' s concern was with the City being liable for not resolving parking violations on private streets. He understands what the City Ordinance specifies and believes that at some point it will need to address the problem by implementing requirements for visitor parking.

Commissioner Loumis noted that the Planning Commission needs to look to staff and determine a cut-off point and when the ordinance can be changed to require additional parking. Mr. Crowell agreed to visit with the City Attorney on the legal aspect of such a change. He added that with public streets, there are options that can be implemented. Commissioner Loumis stated that parking issues need to be addressed before other properties are developed. Commissioner Wingate agreed.

In response to Commissioner Pavlakis ' question regarding the required widths for a City street, Mr. Crowell stated that it depends on the type of street. Bluffdale City has specifications for six different cross-sections. For residential areas, it is 30 feet from curb to curb. Harmon Day Drive is a collector road and is intended to have more traffic. Commissioner Pavlakis stated that if street parking is inevitable, it may be necessary to go with wider streets.

Chair Peterson stated that street width and visitor parking will be issues to address in the City Ordinance at a future date. For the time being, however, the Planning Commission should look at the current application in the context of the current City Ordinance.

Commissioner Brockbank stated that parking becomes an issue with a density of seven units per acre, as specified in the Development Agreement. By doubling the density, the problem is further exacerbated. The City entered into an agreement on the basis that there will not be clustered units. He added that the City has created the problem by allowing the high densities requested.

Commissioner Wingate stated that the secondary access issue with the subdivision still has not been resolved. Mr. Crowell stated that the City Council will consider a new, revised ordinance at its August 26 meeting. The latest proposal will be for 115 units. The City Council continued the revision the last time it was considered. Subsequently, the City Attorney was directed to study the issue and make adjustments to the number and create a sunset clause.

Chair Peterson stated that the Planning Commission needs to make a negative or positive motion on the matter. Commissioner Pavlakis stated that it would be difficult to approve the application because there is still no secondary access . Mrs. Robison stated that the item under consideration is the site plan. The plat was recorded previously. Commissioner Pavlakis observed that the Planning Commission had already approved another site plan with more than 30 units. Chair Peterson stated that if the Planning Commission approves the site plan, it will not guarantee that the developers get the building permits. Mr. Crowell stated that there is an ordinance that specifies how many building permits can be issued in an area without a secondary access. That number could change.

Commissioner Pavlakis asked if approving one site plan gives an applicant leverage to pursue the approval of another site plan, independent of the secondary access issue. Mr. Crowell stated that people have invoked the logic that by approving the original concept plan, approval has been given to build all of the units with only one secondary access. Staff did not agree with that logic. Mr. Crowell stated that Commissioner Pavlak is' question was legal in nature. If the Planning

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Wednesday, August 19, 2015

Commission wants a legal answer, the agenda item would need to be continued so that staff can confer with the City Attorney. Commissioner Wingate agreed with Commissioner Pavlakis' concern because approval of one application can create a precedent for another.

Mr. McCutchan stated that if the Planning Commission's concern was with the 30-unit limit on a single access point, the Planning Commission could continue the application and let the City Council decide how to deal with the access issue. Mr. Crowell added that the City Council will also consider the revision and adoption of a new Impact Fee Plan. After the next City Council Meeting, the picture will be clearer in terms of where things stand with the secondary access issue and the Noell Nelson Drive extension. He noted that the City Council is anxious to see construction of Noell Nelson Drive completed.

Von Brockbank moved to table the matter until the City Council has made a decision regarding secondary access. Connie Pavlakis seconded the motion. Vote on motion: Von Brockbank-Aye, James Wingate-Aye, Connie Pavlakis-Aye, Johnny Loumis, Jr.-Aye, Brad Peterson-Aye. The motion passed unanimously.

5. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Plat Amendment Application to Amend Lot 74 of the Sage Estates Phase 2A Subdivision Located at Approximately 14294 South Loumis Parkway (1300 West), BHD Architects, Applicant.

Mrs. Robison presented the staff report and stated that agenda items 5, 6, and 7 deal with the same property. The plat amendment and site plan need to move on to the City Council; however, the conditional use application can be approved by the Planning Commission.

Mrs. Robison first discussed the proposed plat amendment for Lot 74 of Sage Estates Phase 2A, which was purchased by The Church of Jesus Christ of Latter-day Saints for construction of a meetinghouse. The City is nearly finished with the Loumis Parkway upgrade, which included road widening. As a result, the plat needs to be amended to show the new road alignment. Mrs. Robison first presented a copy of the original plat. She then showed a copy ofthe plat that includes the new right-of-way that was dedicated for the road widening.

In response to Commissioner Wingate's question regarding the jog in the line denoting the power easement, Mike Davey indicated that it represented the location of a pole for the transformer, as required by Rocky Mountain Power. The power line is currently aerial, but will be buried. The easement line represents the new location of the buried power line and the relocated pole.

Mrs. Robison next identified the location of the South Jordan Canal. A fence will be placed along the property line at the top of the hill. The acreage of the lot is 3.53 acres.

Mrs. Robison next addressed the conditional use application and the site plan. With regard to the Conditional Use Permit, Mrs. Robison indicated that the subject property is located in R-1-43 and R-1-43 CRO zones. It was noted the zones have different setback requirements. Consequently, the architect representing the Church appeared before the Board of Adjustment on February 17, 2015,

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to obtain variances to the setback requirements. The Board of Adjustment granted the variance requests, which were reflected in the site plan.

Mrs. Robison next reviewed the elevations for the proposed meetinghouse. She did not know the colors that will be used for the building. That decision will made by Church leaders at the local level. Mrs. Robison next reviewed the site plan that features the landscaping and other site features. The total lot size is nearly 150,000 square feet. The main building will be 19,422 square feet in size with a 190 square-foot storage building. Landscaping will occur on 33% of the site, which is in compliance with the City Code. There will also be perimeter landscaping. The site plan calls for 203 parking stalls.

With regard to the fence along the canal, Mrs. Robison stated that a concrete wall fence was proposed as a protection. Along the rear there will be black vinyl chain link fencing. The City owns the property to the north and there was discussion about the potential for future shared parking.

Mrs. Robison next reviewed the photometric lighting plan that covers the entire site. It was noted that there will be no additional signage on the site other than what is proposed on the building.

Chair Peterson referenced the north setback near the chain link fence and asked if the setback will be impacted if the City builds a road there. Mrs. Robison did not anticipate that the City will put a public street in at that location and clarified that the setback was reduced along the current public street. Commissioner Wingate stated that the Church will most likely be grandfathered in because the setback requirement will have been met at the time of construction.

It was Commissioner Brockbank' s understanding that whenever a plat is amended, the surrounding neighbors have to sign off on it. Mr. Crowell stated that it was not necessary. There is a provision in State Code that if the signatures of every person in the plat are obtained, the City can waive the public hearing requirement. The City, however, always holds a public hearing so the process of gathering signatures is not necessary. Everyone is given notice and has the opportunity to provide feedback at the public hearing.

Chair Peterson opened the public hearing.

Herbert Williams gave his address as 14177 South Loumis Parkway and stated that his only concern is where the entrances to the parking lot will be located. Mrs. Robison identified both entrances.

Mike Davey gave his address as 65 East Wadsworth Park Drive in Draper, and identified himself as a representative for the applicant, BHD Architects.

With regard to the power easement, Commissioner Wingate sought to clarify that the transformer will be on a pole with the power line going down along the pole and into the ground. Mr. Davey explained that currently there are overhead aerial power lines going through the property. The lines will be intercepted across the street, the line will be buried, and a new pole installed to intercept

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where the existing aerial line comes up. He showed on the map where the power line will be buried. It was noted that there will be an on-site transformer as well.

In response to a question raised by Commissioner Loumis, Mr. Davey indicated that the pond will be removed. Commissioner Loumis identified an agricultural ditch and asked what will become of it. Mr. Davey stated that it will be piped and have a collection box at the end with a grate over it. Commissioner Loumis stated that the pipe will need to accommodate a large volume of water. Mr. Davey stated that the pipe will be 15 inches around, which was determined to be adequate. He next noted that the property line goes up onto the slope near the canal. Chair Peterson stated that the concrete wall will prevent people from going over the hill and into the canal.

Chair Peterson observed that the setback from the front road seems small. Mr. Davey stated that the property line is approximately 23 feet from the corner of the building. There is also a sidewalk and park strip. Most of the remainder of the building is farther back.

There were no further public comments. Chair Peterson closed the public hearing.

Connie Pavlakis moved to recommend approval of the Plat Amendment Application for The Church of Jesus Christ of Latter-day Saints Meetinghouse, Application 2015-38, subject to the following:

Conditions:

1. That all requirements of the City Code and adopted ordinances are met and adhered to for the proposed plat.

2. That the project adheres to all requirements of the International Fire Code.

3. That the plat 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.

4. That a Site Plan Application including, but not limited to; landscaping, building elevations, building colors and materials, lighting, and fencing be approved by the City Council prior to the issuance of building permits.

Johnny Loomis, Jr., seconded the motion. Vote on motion: Von Brockbank-Aye, James Wingate-Aye, Connie Pavlakis-Aye, Johnny Loomis, Jr.-Aye, Brad Peterson-Aye. The motion passed unanimously.

6. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Conditional Use Application for The Church of Jesus Christ of Latter-day Saints Meetinghouse Located at Approximately 14294 South Loomis Parkway (1300 West), BHD Architects, Applicant.

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Connie Pavlakis moved to approve the Conditional Use Application for The Church of Jesus Christ of Latter-days Saints Meetinghouse, Application 2015-38, 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, and landscaping shall adhere to the approved site plan as presented.

3. That all landscaping, irrigation, and open space are installed and maintained by the property owners.

Johnny Loomis, Jr., seconded the motion. Vote on motion: Von Brockbank-Aye, James Wingate-Aye, Connie Pavlakis-Aye, Johnny Loumis, Jr.-Aye, Brad Peterson-Aye. The motion passed unanimously.

7. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Site Plan Application for The Church of Jesus Christ of Latter-day Saints Meetinghouse Located at Approximately 14293 South Loumis Parkway (1300 West), BHD Architects, Applicant.

Connie Pavlakis moved to recommend approval of the Site Plan Application to the City Council for The Church of Jesus Christ of Latter-day Saints Meetinghouse, Application 2015-38, 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, and landscaping shall adhere to the approved site plan as presented.

3. That all landscaping, irrigation, and open space are installed and maintained by the property owners.

Johnny Loumis, Jr. seconded the motion. Vote on motion: Von Brockbank-Aye, James Wingate-Aye, Connie Pavlakis-Aye, Johnny Loumis, Jr.-Aye, Brad Peterson-Aye. The motion passed unanimously.

8. City Council Report.

It was reported that the August 12 City Council Meeting was very short and involved approval of a project that was moving into the warranty period.

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9. Planning Commission Business (Planning Session for Upcoming Items, Follow Up, Etc.).

Mr. Crowell identified Courtney Limperly as a new half-time employee in the Building Department.

Commissioner Brockbank asked about the possibility of the City Council opting to increase the number of allowable units with a single access point. Mr. Crowell stated that the City Council is in the position to make a decision. The Planning Commission forwarded a negative recommendation to the City Council. It was noted that that was the first negative recommendation by the Planning Commission in at least eight years. Mr. Crowell stated that the problem will be resolved if the road is built, however, there are multiple property owners who need to help bring the road to fruition. It was noted that a roundabout is being considered and there are issues with the railroad trestle. Commissioner Pavlakis stated that that bridge is a gateway to Bluffdale City and is dangerous.

In response to Commissioner Pavlakis' suggestion that better signage be posted, it was noted that such an action falls within the purview ofUDOT. Mr. Crowell stated that negotiations are taking place in conjunction with Porter Rockwell Boulevard.

Chair Peterson found in the August 5, 2015, minutes a statement that was attributed to him that he didn' t recall making. As a result, he requested it be stricken from the minutes.

Mrs. Robison reported that Independence at the Point is staying within its approved density level of 7. 73 units per acre. She had also broken down the approved items based on their product type. She clarified that her density report applies to the DAI portion. She reviewed the current density status and stated that the average is keeping pace with what has been approved.

Chair Peterson asked about the potential to address parking in the City Ordinance before negotiations on the new Development Agreements take place. Mr. Crowell believed there was an ability to negotiate points since the original plans were developed in 2007. If, however, the new plans are the same as those approved in 2007, there could be no renegotiations. The stance of the City Attorney is typically to amend the ordinance rather than modify the Development Agreement. The process is tricky because the ordinance applies to many different phases. What was needed are facts on how the plans are working in the field.

Chair Peterson opined that things are getting worse. He remarked that DAI has done a marginally better job with alleys, but what is currently being proposed has never been seen in Bluffdale before. He was concerned about the distance of the guest parking from the townhomes. Commissioner Pavlakis suggested that perhaps an ordinance be crafted that applies to multi-family housing units. Mr. Crowell stated that that could be done but it would not apply to this project. A new ordinance could, however, apply to new developments. Mr. Crowell stated that this is something that could be discussed at the next joint meeting of the City Counci l and Planning Commission, with the City Attorney present. He stressed that care needs to be taken with vested rights and compelling reasons need to be invoked when making changes.

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Commissioner Pavlakis asserted that the City Ordinances could be changed on the basis of growth in the City. Mr. Crowell concurred and added that his main concern was with how negotiations take place. Commissioner Pavlakis stated that if new City Ordinances are adopted, they become the basis on which negotiations take place. She believed it was short-sighted to wait for problems to occur when problems are anticipated. Mr. Crowell stated that in his professional opinion, what is lacking is input from the professionals who will have to enforce the City Ordinances. He would not want to develop a parking ordinance without involving those who will have to enforce the law and prosecute violators.

Commissioner Pavlakis wasn't worried about an ordinance that specifies where a person can park and was more concerned about ensuring that a sufficient number of parking stalls are part of a site plan. The same requirement is imposed on commercial developments. She did not see it as an enforcement issue.

Mr. Crowell observed that the Independence project has been very complicated and believed that inclusiveness is essential with things that involve parking and rights-of-way. Chair Peterson lamented that developers are mainly concerned about making money and try to minimize the number of parking spaces and maximize the number of units. The City Council wants to experiment with new options such as parking on one side of the street and the live-work units. There had not, however, been time to determine whether they were successful.

Commissioner Loumis noted that when the apartments and townhomes went in at the corner of Bangerter and Redwood, the developers were allowed a density of 16 units per acre. They dedicated five acres to the City for a City park but nothing was done with it.

Commissioner Brockbank considered the City Ordinances to be obsolete and felt the City had an obligation to take action.

Commissioner Pavlakis added that there is nothing preventing the City from developing an ordinance that requires additional parking for multi-family housing projects. Commissioner Brockbank added that the need is especially critical for visitor parking.

10. Adjournment.

The Planning Commission Meeting adjourned at 8:26p.m.

Gai Herbert Community Development Secretary

Approved: ----"-09~/-=02=-/=20"-'1'-"'-5 ____ _

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agenda bluffdale city planning … bluffdale city planning commission meeting august 19, 2015 notice...

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