COMMISSIONERS PRESENT: MINUTES SNYDERVILLE BASIN PLANNING COMMISSION REGULAR MEETING TUESDAY, MAY 22, 2018 Sheldon Richins Building 1885 West Ute Boulevard, Park City, UT Bea Peck- Chair Thomas Cooke Ryan Dickey Canice Harte John Kucera Joel Fine Regrets: Malena Stevens STAFF PRESENT: Patrick Putt Community Development Director Peter Barnes Planning & Zoning Administrator Jami Brackin- Deputy County Attorney Ray Milliner- Principal Planner Jennifer Strader- Senior Planner Kathy Lewis- Recording Secretary The meeting was called to order at 4:30 PM. REGULAR SESSION 1. General Public Input The public hearing was opened. There were no comments made and the public hearing was closed. 2. Discussion and possible action regarding a Rezone, Conditional Use Permit, and Development Agreement; 670 Bitner Road; PP-84-A-2; Crisco Development, applicant Jennifer Strader, Senior Planner Planner Strader said the name of this application has changed from Bitner Station to Lincoln Station. The application was submitted in 2013. The applicant put the application on hold at that time, pending amendments that were taking place to the General Plan. The General Plan was adopted in 2015. Planner Strader said the Commission will be hearing three requests.
Page 2 of 27 1. An application for a rezone from Rural Residential to Community Commercial. 2. A Conditional Use Permit (CUP). A CUP is required for a multi-family structure in the Community Commercial zone. 3. A Development Agreement (DA) that will tie the applications together. The DA will list the uses allowed on the property. A site plan was shown. Planner Strader said the project contains townhomes along with one-bedroom and two-bedroom apartments. Approximately 5,000 square feet of commercial space is being requested. Live/work units are no longer included in the proposal. Chair Peck asked if that has resulted in a decrease of overall units. She was told the number of townhomes has gone from 12 to 10. Planner Strader said included in the development is affordable housing. The Snyderville Basin Development Code refers to an affordable unit equivalent (AUE). This has been defined as a two-bedroom unit with 900 square feet of net livable space, measured from exterior wall to exterior wall. She said every residential project is required to provide at least 20% of the proposed units as affordable. Planner Strader said the total number of units being proposed is 78. There are 47 market units, resulting in 9.4 required AUEs. The applicant is proposing 29.4 AUEs dispersed between 31 units. There will be eight one-bedroom units that will be lessthan-or-equal-to 50% AMI. There will be 23 two-bedroom units which will be lessthan-or-equal-to 80% AMI. Planner Strader said the applicant has provided additional affordable housing in order to satisfy General Plan Policy 2.3. This was discussed in several Planning Commission meetings. In those meetings, the Commission indicated this may provide the compelling countervailing public interest that would allow the application to move forward. The 2017 Summit County strategic plan states that the County will facilitate
Page 3 of 27 efforts to significantly decrease the deficit in workforce/affordable housing to allow more community members to work and live in Summit County. Planner Strader said the General Plan contains a future land use map for the Bitner neighborhood. This area was listed as mixed-use commercial. Future uses are limited by the existing zoning. Staff feels that this application is in compliance with the General Plan. During previous discussions, concern was raised about the potential uses that would be allowed if the property were to be rezoned to Community Commercial (CC). Because of those concerns, the applicant agreed to enter into a DA in order to restrict the uses. A list of the allowed uses in the zone was displayed. Things such as auto repair and construction equipment storage would not be allowed. The DA ties this project and the rezone together. Planner Strader said when a CUP is approved, the applicant has one year to begin construction. The DA is valid for five years. Planner Strader said Staff has reviewed the site plan for compliance with all of the development issues such as setbacks, lighting, and open space. There is a pond located on the parcel directly west part of the property that has a 100-foot setback. That setback is being met. There are wetlands on the property with a 40-foot setback, which is also in compliance. The landscaping and lighting plans will be reviewed prior to the building permit being issued. A site plan was shown and the major elements pointed out. Planner Strader suggested that following a public hearing, three different actions be taken. A positive recommendation should be forwarded to the County Council for the rezone and the Development Agreement. The CUP would be approved by the Planning Commission, conditioned so that it wouldn t take effect unless the DA and Rezone were approved.
Page 4 of 27 APPLICANT S PRESENTATION Brook Hontz said she is representing the applicant, Vincent Criscione, who was in attendance. Architect, Eric Langvardt, was also in attendance. Ms. Hontz said this property is located by the historic Lincoln Highway. The Lincoln Highway was constructed in 1913 and was the first transcontinental highway. This is the reason behind the name change. Ms. Hontz stated they have been before the Commission numerous times, which has resulted in a better application. It fully meets the standards and of a rezone and CUP. A timeline between 2012 and 2015 was provided. Ms. Hontz said in 2015, the General Plan was adjusted and it became appropriate to request an affordable-housing/ami development in this location. Mr. Langvardt showed an aerial map of the property. This project will be able to take advantage of alternative modes of transportation. He pointed out how to get to the elementary school without going through the Kimball Junction interchange. An existing bus stop and the Rec. District s trail is located close to the project. Mr. Langvardt said they are proposing to build 78 total units. There will be 10 townhomes and 68 apartments. All of the buildings will front the exterior of the project and will take advantage of the amenities they are proposing. Along the west side, the buildings will front the open space. Mr. Langvardt said the garages will be internalized. Two roads will access the garage doors. There will be 36 additional parking stalls located in the middle of the project. They have worked with the Fire District about the property access. There will be two hammerhead turn-arounds. The open space requirement is 25%. They are at 48%.
Page 5 of 27 Mr. Langvardt said a location for an e-bike station has been identified, along with a location for car-share and ride-share locations. There will be an EV charging station. The Rec Trail is located in front of the property. Bike racks and bike storage will be located on the property. All of these things add up to a substantial list of alternative transportation options. Mr. Criscione reviewed the entry level housing situation of Park City. He gave some facts from the latest James Wood housing study. He said the entry level housing market is extremely limited in Park City. He displayed a report of the tax credit projects in and around the Park City area. Each has a waiting list. There are no 80% AMI projects that he is aware of. A list of the upcoming affordable housing was given. Mr. Criscione listed other housing reports that have been completed. All reports indicate there is a shortage of affordable housing. A table of the projected housing demand was displayed. This was for both renter and owner occupied units. Mr. Criscione said they have been working with HUD. HUD is aware of the affordable housing situation in Park City. They are acquainted with and respect the work of James Wood. HUD is very excited about this project, particularly at this location. Mr. Criscione said the one-bedroom units are 698 square feet. The Code requires 650 square feet. The two-bedroom units are 1,044 square feet. The Code requires 900 square feet. They are providing almost three times of the required affordable housing. They are not seeking the available reductions granted for building the affordable housing first. Mr. Criscione said they are paving the Rec Basin Trail from where it ends to their project. They are also providing a bus stop and shelter. They will be applying green building and operating practices. They have a letter of support from both the school district and the medical center. Housing for both entities creates employee problems.
Page 6 of 27 Ms. Hontz said during the last Utah State legislative session, an interest was expressed about moderate income housing. As a result, additional language was added to the State Code to mandate that moderate income housing provided. Ms. Hontz said on page four of the Staff Report, 12 reasons were listed why this project supports Policy 2.3 of the County General Code. Ms. Hontz read from the General Plan and said that their project meets these standards. She added this project meets the goals established by Summit County. The public hearing was opened. Craig Kolkman asked if the units will be for-sale or for-rent. He is concerned about the density of the project. Currently the property is zoned 1 unit per 20 acres, but 78 units are being proposed on four acres. That is an increase of 390% of what is allowed. He said a conservative estimate of the number of persons occupying the units would result in 172 people on four acres. Does the school system have enough capacity to absorb this number? Will there be sufficient water? Has a traffic study taken place to evaluate the impact to Bitner Ranch Road? Meisha Ross is representing a Park City business. There is not enough affordable housing for their employees. If employees don t live in the community, operating costs increases and efficiency decreases. They appreciate that these are for-rent properties. Finding a home to rent in Park City is difficult. This seems to be the perfect location for this project because of the available alternative transportation. Nancy Merrick said it is amazing they are looking at this project. The land is zoned 1 house in 20 acres. It is unreasonable to think 78 units could be put here. It seems that developers think they can come into this area and build whatever they want if they have enough money. The established zoning regulations should be followed. It may be reasonable to put four houses on four acres.
Page 7 of 27 Bricia Rodriguez-Weir said she echoes the concerns expressed by Mr. Kolkman and Ms. Merrick. There seems to be two entities that will benefit financially from this project. She asked if there has been consideration that this is a historic site. She asked that consideration is given to the historic sites of Summit County. She believes this project could be developed at another location. She has seen wildlife on the property. Julie Bitner said she was raised in the rock house located by this property. Her family has been there for 200 years. When her grandfather was alive, they could travel five hours without seeing another house. Ms. Bitner said she believes that land is for purpose and use. The more someone works the land, the better it is. Families should live there. It is not fair that people with money are the only ones that can live in the Park City area. People who work here should be able to live here. She is in total agreement with this project. She would enjoy having amenities close by. Marion Crosby thanked Ms. Bitner and Ms. Rodriguez-Weir for speaking. She is on the historic preservation committee. She also has concerns about preserving these wonderful sites; however, she feels this is an ideal location for this project because of the convenient transportation access that does not negatively impact any neighbors. The developer is providing expensive community benefits. Ms. Crosby said that for too long, the County has put off addressing entry-level housing issues. She listed different ways she thought this could be accomplished. Approving Lincoln Station is one way to achieve this goal. John Digman is a small business owner in Summit County. He has lived and owned a business here for 20 years. He is in support of this project because of the low-income housing. In the 20 years he has been in business, he has only had two employees who have lived in Park City. This is a perfect location. Rental units are needed.
Page 8 of 27 Todd Hauber is the business administrator for Park City School District. He would like to offer his support for this project. The school district faces the challenge that as employees retire, new hires can t afford the housing in the Snyderville Basin. The school district sees these types of projects as critical. Fred Eckstein said it is obvious there is a dire need for affordable housing in Park City. This project meets this need. It is a great project in a great location. Chantal Tousignant said she understands the huge need for affordable housing in Park City, but she believes this project will bring a lot of traffic to the Nob Hill neighborhood. She doesn t understand creating 5,000 square feet of commercial business. There are many empty businesses on Bitner Road. Why do they need another one? She is against the project. David Winegar has lived in Park City for many years. His wife is a school teacher. The teachers she associates with are driving long distances to teach here. This project is overdue. He is impressed with the quality of work. He is in support of the project. Teresa Criscione is the wife of the applicant. She believes that everyone in the room recognizes the problem of affordable housing in this community. She knows that people want to do something about it. The Planning Commission has the power to make decisions to impact the situation. She believes the Commission cares about the community and wants to do what is right. Ms. Criscione said the Commission has the finalized housing report which gives them the ability to make an educated decision. The developer has integrity. He is meticulous and detailed. The project is well designed, transit oriented, and aesthetically pleasing. She thanked the Commission for their time. The public hearing was closed.
Page 9 of 27 Attorney Brackin explained the impacts to the school district cannot be considered by the Commission. She said under the old Code the Commission was considering school impacts. A state law was passed and the Commission can no longer consider the impacts to the schools. Chair Peck said that several members of the public have noted this land is zoned 1 unit per 20 acres. They have questioned why the Commission is considering the increase of density. She asked Director Putt to comment. Director Putt said Summit County zoning was established in 1977 and has gone through three distinct zoning systems. The existing zoning was changed in the 1980s from a traditional zoning approach to performance-based zoning. A zoning map was reviewed and in many cases, property was down-zoned. This was done with the understanding that a project would be considered if it could demonstrate that it met a number of standards and had public benefits. He said the zoning map was left at a very low development threshold. Director Putt said in June of 2016, the County Council adopted a comprehensive plan for the Snyderville Basin. The County Council wanted to allow a way to deal with the future growth coming to the Snyderville Basin and where that growth would be best located. Director Putt said that Policy 2.3 of the updated General Plan says that no new entitlements will be created until the time that all the current entitlements are significantly exhausted. The County Council acknowledged there may be reasons to rezone or add entitlements, so they added language to gauge when deviation from the policy should be considered. These were: A compelling countervailing public interest as indentified in the General Plan that could not be satisfied without expanding the current entitlements.
Page 10 of 27 The entitlements should be designed to promote a countervailing public benefit. It should not be incidental to the project. The project has to be consistent with the neighborhood plans and the Snyderville Basin General Plan. Director Putt said the County Council indicated some of the potential reasons to consider a rezone, including workforce housing and alternative transportation. In this proposal, Staff sees a benefit that workforce housing is beyond the requirements of the Code. The project has connection to a trail system and alternative transportation. These elements are being considered as a compelling countervailing public interest. He said the final decision maker is the County Council. They will decide if the benefits meet the standard to allow new entitlements. Commissioner Harte said he spoke to former County Commissioner Bob Richer. Mr. Richer said the County Commission zoned many areas as rural residential as a negotiating point. They believed this would provide the opportunity to work with the developer to get more from the project. It was a way to give the County leverage. Ms. Hontz responded the project provides affordable housing that is currently lacking. There is a connection to the transit system and the trail connection. The development is within close proximity of significant uses. People can walk to the grocery store if they want. The project will not put a strain on sewer and water or fire services. Mr. Criscione said he believes the benefits meet the General Plan and the County Council s strategic objectives. These are entry-level housing. They are tying it into a transportation component. They are adding a connection to the Basin Rec Trail. They have worked with the Summit County Transportation Director about an e-charging station on site. Several bike racks will be added. Car sharing is being explored. There will be an education component for new residents. He clarified the project is for-rent.
Page 11 of 27 Chair Peck reviewed some of the questions asked by the public: WATER SERVICE- Is there adequate water? Planner Strader said a will-serve letter has been provided by the water company TRAFFIC- Has a traffic study been done? If not, is one needed? Mr. Criscione said they have worked with the County Engineer. He has said the traffic impacts for this size of project are very minimal. There are multiple points of ingress/egress. Because the I-80 underpass is right by the development, the road has far more capacity than this project would generate. A HIGHWAY CONNECTION- Director Putt said a highway connection will be made between Bitner Road and Silver Creek. This will provide a secondary access out of the Silver Creek neighborhood. It will allow public transportation to come to the Silver Creek area. He said the road alignment has not been determined. It would cross private property. Chair Peck said a late entry was submitted from the East Canyon Watershed Committee. It raises issues the Commission should consider. Director Putt read the letter. It listed several areas of concern for the creek. Over $6 million has been invested in restoration of East Canyon Creek. They recommend that access to the creek, which is just north of this project, be restricted by placing fencing. Ms. Hontz responded to the letter by saying there is a natural berm between the project and East Canyon Creek. The property ends before it gets to the creek. One of the benefits of this project is that it stays away from the creek. Perhaps the Watershed Committee is not familiar with the boundaries of the project. Ms. Hontz said they can add to the development agreement that people should not trespass the area by East Canyon Creek. They can add No Trespassing signage on
Page 12 of 27 Mr. Criscione s property, but not on the Bitner property. Commissioner Harte said it is already illegal to trespass. Chair Peck said people would have to cross the Bitner property to get to the creek. Mr. Criscione said there are other subdivisions by the creek. He will check with them to see how they keep people from accessing the creek. COMMISSION COMMENTS AND QUESTIONS Commissioner Dickey said the project seems to be primarily for building marketrate rental units; not intentionally providing a public interest. He is concerned about the 5,000 square foot commercial building. How many jobs will be created in the commercial space? Ms. Hontz said the General Plan and the rezone requires this to be mixed use. It is mandated to have commercial square footage on the site. They cannot remove that condition. Commissioner Dickey said the commercial space would be creating new jobs. The additional affordable housing may mostly be filled with those employees. That would negate the public benefit. This means the Commission would simply be approving new entitlements. He would like to hear the thoughts about this by the other Commissioners. Commissioner Harte said one of the public concerns that have not been addressed is the historic value of the site. He asked the applicant s to comment. Mr. Criscione said the only historic piece of the property is the Old Lincoln Highway itself. There are no historic structures or preservation issues. Commissioner Harte asked how long will it take for buses to be running. Mr. Criscione described the locations the bus stop and shelter might be placed. It is up to Summit County when that will happen. The trails connection will be available immediately. A discussion ensued on future bus stops.
Page 13 of 27 Commissioner Harte asked about the distance from the project to the bus stop. Mr. Criscione said the bus stop is approximately 1,000 feet from the project. That is considered useable. The trail to the bus stop is snow plowed during winter. Commissioner Harte asked what is driving the density. Do they need this many market-rate units to off-set the affordable units? He noted the units seem to be placed fairly close together. Mr. Criscione said there is 50% open space; the requirement is 25%. They have worked with the fire department on the placement of the buildings. He has visited developments with buildings that close and it doesn t seem crowded. The price of building affordable housing requires the specified number of market-rate buildings. Mr. Langvardt said the spacing between the buildings is a relative answer. They have tried to leave as much of the area open and cluster the development. It is not what some people are used to, but it not unheard of. Commissioner Harte asked Planner Strader if she feels the uses in this development are reasonable. Does she have any concerns? He noted there isn t a restaurant planned. Planner Strader said the uses on the site seem to be directed towards neighborhood commercial type of uses. Mr. Langvardt said they don t want to have a use that will pull people in. To him, a child care center seems to be the best listed use. Commissioner Harte asked if detention basins are included in the setbacks. Planner Strader said they are not. Commissioner Harte asked if solar has been considered. Mr. Langvardt said that is something they are looking into. Mr. Criscione said if it makes financial sense, they will do it. Commissioner Harte said he thinks that Commissioner Dickey brought up a good point about the workforce housing being filled by the employees of the commercial
Page 14 of 27 element. He thinks although that may happen, he sees the proposed affordable housing as meeting the standards of the compelling countervailing public benefit. Chair Peck said 5,000 square feet is not a very large building. She asked the applicant how many employees they estimate for the commercial part of the project. Ms. Hontz said down the street from this project is a veterinary building comparable in size. It has one office. She said there may be two office uses in the structure with a possibility of one to six people per office. Commissioner Harte said he has 2,000 square feet for his commercial business. He has a total of eight employees. All of them would qualify for employee housing. A discussion ensued on the traffic implications. Mr. Langvardt asked Director Putt if it is possible to change the business element to have more affordable housing. Director Putt said there could be language crafted to consider it. He said 5,000 square feet is too small to be a viable neighborhood grocery store. He said a business, such as a daycare or a Laundromat, may actually decrease vehicular traffic. Director Putt said they may be able to craft language that whatever use goes in must be a use that would decrease traffic. If not, additional affordable housing would be added. Whatever use is applied, it must meet the following stipulations: It must be a use that is found in the table. It would need to go through a low-impact process If a use is not listed on the use table, it could only be used for workforce/attainable housing. Chair Peck said after they hear more Commission comments, she likes the idea of crafting the use table.
Page 15 of 27 Commissioner Fine asked about the kind of fence that would be added. He is concerned about safety. Mr. Langvardt said it would be a split rail fence. There is an 80-foot setback from the property line to the building. From the fence to the street is another 60 feet. The parking and garages were described. There will be some covered parking and carports. Commissioner Cooke said he thinks a small grocery store may be a viable use, especially if there are apartments above the store. That may be a way to add more affordable housing. He thinks that market-rate rental units are needed. Commissioner Cooke said they need to set a high bar as far as the creek goes. Mr. Langvardt said they can t fence in the entire creek because it isn t their property. He said there are no pathway connections to the creek by their property. Mr. Criscione said they are open to addressing the concerns about the creek. Commissioner Cooke said he thinks the additional affordable housing being proposed is a compelling countervailing public interest. Because it is close to transit, it is an appropriate place for a new development. His concern with the Development Agreement is the Use Table. He wants it to be fully scrutinized. Commissioner Fine said he thinks although there are some problems to work out with the project, there is enough being given to say that there is a countervailing public interest. Commissioner Kucera had a question about the priorities of the waterfall provision. Government workers were not included. Mr. Criscione said the goal is to allow those who work in the community to be able to live here. The best way to achieve that is through the marketing plan. They are targeting teachers, municipal workers, and others. There is plenty of demand to fill the apartments. A federally funded program controls the applied restrictions.
Page 16 of 27 Mr. Criscione said he took an informal survey of the affordable housing currently in the Snyderville Basin. Virtually all of the residents work in Park City. Because of the cost of living, people don t want to live here and travel to Salt Lake City for work. Ms. Hontz said they want the language to be clear that a fire fighter, who works next door to these units, will have the ability to live there. Commissioner Kucera asked what the expected price is. Mr. Langvardt said a one bedroom would rent for approximately $900 a month. A two bedroom would rent for about $1,700. The market rate units would be much higher than that. Ms. Hontz said an average teacher would qualify for a two-bedroom apartment. Commissioner Kucera said his concern is setting precedence. Will they have a lot of similar applications that follow? He thinks this application meets a need. Commissioner Harte agreed that the Commission will be setting the bar. Chair Peck said when the Commission was working on the General Plan there were areas along Bitner and Rasmussen Road that seemed to be favorable to this type of development. By focusing on this corridor, they will be taking pressure off of other locations. They anticipated that his type of development would be a mixed use. Commissioner Harte said this project is an example of Policy 2.3 actually working. Commissioner Cooke said the precedence being set is more than just the number of affordable units. Other factors include the location and the transportation. Director Putt said he sees an option to convert the 5,000 square-feet commercial to affordable housing. That would add to the compelling countervailing benefit. This language could be easily crafted and added to the DA. If the Commission gives a positive recommendation at this meeting, Staff can craft this language before it reaches the County Council. Commissioner Fine asked Attorney Brackin if they can add language suggesting the 5,000 square feet could be either/or commercial or affordable housing. Would that
Page 17 of 27 pose legal problems? Attorney Brackin said convertible space is something they can add as long as the uses are allowed in the use chart for the zone. Commissioner Dickey asked Attorney Brackin if there must be a finding of fact that the primary purpose of the project is to serve a public interest. Attorney Brackin said the Commission has to find that, notwithstanding the developers will make money on the market-rate units, the benefit to the public warrants creating new density. Director Putt said it is Staff s recommendation that three times the required affordable housing meets the foundation of a compelling countervailing public benefit. Chair Peck added that the Commission has received guidance from the County Council that affordable housing is a priority. Chair Peck said her focus is on the 50% or less as the target demographic. Why not offer more 50% units than the 80%? Mr. Langvardt said the more small units they have, the more parking they have. The more one bedroom units there are, the fewer total units there will be. Mr. Criscione said the variables are like a puzzle that has to fit together. The Code specifies a one bedroom unit is 50% AMI; two bedrooms are 80% AMI. A discussion ensued. Some of the requirements are defined by HUD. Mr. Criscione said these numbers have been vetted by HUD. To change the numbers at this point would require a huge amount of time and expense. Chair Peck said she is looking for a way to provide an increase of very-low income units. Her view of the community benefit is centered on this. The 50% AMI is where the greatest need is. She said it seems unbelievable that a family of four could not rent a two-bedroom unit. Planner Strader said although they received the applicant s information, it has not been reviewed with the legal department. That will be done before it goes to the County Council.
Page 18 of 27 Chair Peck asked about the stipulation that there will be a waiting period of only 15 days to rent the unit to a person who would qualifies for affordable housing. After 15 days, it will open up to the general public. Mr. Criscione said they don t want this to be an economic burden. He said that 15 days is fairly standard on how long a unit will be left vacant. He doesn t think this would ever be an issue. Commissioner Cooke noted that the interiors of the affordable units would be different than the market rate units. Mr. Criscione said most likely the interiors will be the same, but the option is there for a difference to be made. They have not yet decided to only have 31 units designated or have 35 rotating units. Mr. Criscione said too many restraints will make a project no longer economically viable. They would like to have options to fill the space with appropriate tenants. Planner Strader said the Code provides definitions for some of the listed uses. Attorney Brackin said she had not realized that Section 10.5.12 of the Code is that prohibitive. She doubted that anyone intended for it to be that way. Much like the way they change structure heights prohibited by the Code, there may be the opportunity to change this provision if the Commission wants to increase the number of 50% AMI units. She can work on that in connection with the Development Agreement. Chair Peck asked the applicant that if it is possible to work through Section 10.5.12, would they be willing to consider some different proportions. She would like to see if there is a way to maximize those numbers. Mr. Criscione said they may consider changing the commercial to affordable housing. He said there are trade-offs between AMI and the number of units. He said they have actually almost five times the number of required units because they are not taking the exemptions the Code allows.
Page 19 of 27 Ms. Hontz responded that the housing market survey indicates that the 80% AMI units are untapped in the Snyderville Basin. It is an important focus. Silver Creek Village is providing very low income housing using tax credits. They don t want to be a direct competitor. The 80% housing units can go to someone who makes less than that. She doesn t think Mr. Criscione can go back to receive tax credits for the project. Mr. Criscione said anything they do with affordable housing fills a need, whether it is 50% AMI or 80% AMI. A person at 80% may be just as deserving as someone at a lower AMI. Chair Peck said that Commissioner Dickey brings up a good point about creating a commercial structure and then filling the affordable housing with those employees. That wouldn t be filling a public need. Mr. Langvardt said the commercial element was taken into account in the number of required affordable housing. Commissioner Cooke asked the applicant if they would consider removing the commercial and adding more affordable units. Mr. Criscione responded he would have to look at the numbers to see what the trade-offs would be. If the option is there, he would do his best. Mr. Criscione said they may be able to covert the commercial to apartments. Further discussion ensued about the wow factor, or public benefit. Commissioner Harte made a motion to forward a positive recommendation to the Summit County Council to rezone the Lincoln Station property from Rural Residential to Community Commercial. Commissioner Fine seconded the motion. MOTION CARRIED (5-1) Commissioner Dickey voted against. Commissioner Harte made a motion that a positive recommendation be given for the Development Agreement. It includes the suggestion that the County Council work with the County Attorney to craft language that would allow for conversion of the 5,000 square foot commercial space to additional deed-restricted workforce units.
Page 20 of 27 Attorney Brackin said she is uncomfortable with any sort of agreement that the Attorney s Office hasn t looked at yet. Director Putt replied that prior to the County Council s review of this project, language can be crafted in an acceptable manner to the County Attorney. Chair Peck said the Commission is making a recommendation, not giving approval. She said what Director Putt is proposing should give the needed leeway at the next level. The Commission will have indicated what they hope to see. Attorney Brackin said there may be a lot of changes to the Development Agreement. It may be substantially different than what the Commission saw at this meeting. Commissioner Harte made a motion to forward a positive recommendation to the Summit County Council for the Development Agreement with the guidance that they explore the idea of converting the commercial space to some form of affordable housing. The motion was seconded by Commissioner Cooke. MOTION CARRIED (6-0) Commissioner Harte made a motion, which was seconded by Commissioner Fine, to approve the CUP as outlined in the Staff Report and as follows: FINDINGS OF FACT 1. Vince Criscione owns Parcel PP-84-A-2, located on 670 West Bitner Road. 2. Parcel PP-84-A-2 contains 4.0 acres. 3. Parcel PP-84-A-2is zoned Rural Residential. 4. The RR zone allows residential unit at a base density of one unit per twenty acres. 5. The applicant is proposing to rezone Parcel PP-84-A-2 to Community Commercial to construct seventy-eight multi-family residential units and a 5,000 square foot commercial building. 6. The density in the CC zone is determined by the ability of the project to meet all development land performance standards found in the Code.
Page 21 of 27 7. An application for an amendment to a zone district will be considered only when such application is considered simultaneously with an applicable development proposal. 8. The applicant submitted a Conditional Use Permit application for the development. 9. Based on SBCP concerns about the types of allowed uses in the CC zone, the applicant voluntarily offered to enter into a Development Agreement to restrict the types of uses allowed on the subject parcel. 10. The original applications were submitted in 2013. 11. Work Sessions were held with the SBPC on June 25 and September 24, 2012. 12. The SBPC felt it was important for the General Plan amendments to be completed prior to making a decision on the development proposal. 13. The applications were placed on hold by the applicant pending a final decision on the General Plan. 14. One June 12, 2017 a revised application was submitted. A work session was held with the SPBC on September 12, 2017. 15. The result of the previous work session discussions with the SBPC is the current proposal. 16. Chapter 5 of the Code requires that affordable unit be provided at a rate that is equivalent to a minimum of 20% of the market units. 17. An Affordable Unit Equivalent (AUE) is defined as a two bedroom unit with nine hundred square feet (SF) of net livable space, measured exterior wall to exterior wall. 18. The AUEs are not counted against the allowed density of the project. 19. Based on Forty-seven market units, 9.4 AUE are required. 20. The applicant is proposing 31 actual units, or 19.4 AUEs (3 times the required amount.) 21. AUEs are required for new commercial development; however, the first 5,000 SR of a commercial project is exempt.
Page 22 of 27 22. The target market for the AUEs is <=50% of the Area Median income (AMI) for the one bedroom units and <=80% AMI for the two bedroom unit6s. 23. There are 36 one bedroom apart6ment units, 32 two bedroom apartment units, and 10 townhomes (3 of which are live/work units.) 24. A developer proposing affordable housing units is required to enter into a housing agreement with Summit County. The agreement shall be recorded against all parcels and units identified as affordable in the development. 25. The SCC prioritized affordable housing as evidenced in the 2017 Summit County Strategic Plan which state: The County will facilitate efforts to significantly decrease the deficit in workforce/affordable housing to have more community members who can work and live in our County. 26. The project provides affordable housing for low and moderate-income residents with a variety of market rate and affordable unit types and styles of apartments and townhomes. 27. The project is located within the Bitner Neighborhood Planning Area in the General Plan. 28. The General Plan states: The allowed uses are currently limited by the existing Rural Residential zoning. Consideration should be given for future mixed-use developments and flexibility in design standards. This may occur through TDRs, future Code amendments and possible rezoning of parcel located within the neighborhood. 29. The future land use map in the General Plan identifies Parcel PP-84-A-2 as Mixed Use Neighborhood Commercial. 30. The property is located in close proximity to existing recreation trails and a bus stop. 31. The proposed development includes a location for a future transit stop. 32. The applicant is proposing to extend the existing public trial to Lincoln Station. 33. Directly west of the subject parcel is a commercial office building and the Park City Fire District Station 33. Further west is the multi-family Canyon Creek development.
Page 23 of 27 34. Service providers have reviewed the site plan and can provide adequate services to the project. 35. All necessary public facilities are available on site, including water and sewer. Access and internal circulation have been reviewed by the Park City Fire District and the Summit County Engineering Department and was found to be adequate. 36. At the time of building permit issuance, traffic impact fees will be collected. 37. The applicant is required to submit a construction mitigation plan that will be reviewed and approved by the Summit County Engineering Department. 38. The structures are compliant with the 100 pond setback. 39. The development will tie into the existing sewer system. 40. The site contains wetlands which have been delineated on site. All structures have been located a minimum of 40 from the edge of the wetlands as required by the Code. 41. Building # is located within Flood Zone A. The structure is required to be located one foot above the base flood elevation. 42. There are no slopes, ridgelines, avalanche zones or geologic hazards located on the parcel. 43. The project proposes approximately 50% open space. 44. Mountain Regional Water provided a will serve letter. 45. The Snyderville Basin Water Reclamation District provided a letter stating they can provide wastewater service to the project. 46. The Park City Fire District provided written confirmation that they can serve the development based on the proposed layout. 47. The development contains 146 parking stalls. 48. The Snyderville Basin Postmaster provided written approval of the proposed mailbox locations. 49. The applicant has worked with the Public Works Department as well as Republic Services (waste collector) who both stated the proposed locations for garbage and recycling are acceptable, with conditions.
Page 24 of 27 50. The plan includes a neighborhood park, internal to the development, located in a central area. 51. The uncovered parking lot and internal roadways contains 35,273 SR. The required amount of snow storage is 2,527 SR (10%). The applicant is providing snow storage equal to 5,389 SR (15.3%). 52. The Summit County Building Department reviewed the site plan for ADA access and confirmed the items necessary for compliance, to be reviewed and verified prior to building permit issuance. 53. The maximum height of the proposed structures is 32. 54. A lighting and landscaping plan is required to be submitted and reviewed by the Community Development Director prior to building permit issuance. 55. The access to the project is from Bitner Road. 56. Prior to any development occurring, the applicant will be required to enter into a Development Improvement Agreement to ensure that the infrastructure is installed in compliance with the approved plans, including the landscaping. The Development Improvement Agreement will include a bond for the installation and warranty of the infrastructure and landscaping. CONCLUSIONS OF LAW 1. The rezone from RR to CC complies with the goals, objectives, and policies of the General Plan and the Neighborhood Planning Area Plan. 2. The uses that are proposed in the Development Agreement are compatible with the adjacent land uses and will not be overly burdensome on the community. 3. The development plan is in compliance with all standards and criteria for approval as described in Chapters 3 and 4 of the Code. 4. The rezone will not adversely affect the public health, safety, and welfare. 5. The Development Agreement is being processed according to the provisions of the Code. 6. The Development Agreement contains written consent by each landowner whose properties are included within the area described.
Page 25 of 27 7. The landowner has agreed to contribute all capital imp0rovements and facilities necessary to mitigate the impacts of the project on the County and its special service districts. 8. Development will not create unacceptable construction management impacts. 9. Construction impacts on public infrastructure in the Snyderville Basin will be minimized. 10. The use is not detrimental to the public health, safety, and welfare. 11. The use is appropriately located with respect to public utilities. 12. The use is compatible with the existing neighborhood character and with the character and purpose provision of the applicable zoning district, and will not adversely affect surrounding land uses. 13. The proposed development will not cause a reduction in the adopted level of service for any public facility. 14. Vehicular and pedestrian passageways are separated from public rights of way. A system of walkways and bicycle paths connecting buildings, open spaces, recreation areas, public facilities, and parking areas has been provided. 15. Lighting will not be directed or reflected upon adjoining land and will meet all other related requirements of Section 10-4-21 of the Code with respect to exterior lighting. 16. The site will be landscaped in accordance with the requirements of section 10-4- 20 of the Code. 17. The massing, scale, and architectural design of the buildings is consistent with the design guidelines established in Section 10-4-19 of the Code. CONDITIONS OF APPROVAL 1. The Conditional Use Permit approval shall become effective upon recordation of the Ordinance adopting the Rezone and Development Agreement. 2. Development shall be in substantial conformance with the site plan package attached to this staff report. 3. Prior to building permit issuance for any structure, the Housing Agreement shall receive approval by the applicable County representative.
Page 26 of 27 4. The design of the dumpster and recycling enclosures shall be reviewed and approved by Staff prior to building permit issuance for any structure. The structures must be fully enclosed with materials that are compatible with the residential structures. 5. Prior to building permit issuance for any structure, the applicant shall submit written approval from the Snyderville Basin Special Recreation District for the design of the public trial extension on Bitner Road. 6. Prior to building permit issuance for any structure, the final landscape plan shall be reviewed and approved by Staff. 7. Prior to building permit issuance for any structure, the final lighting plan shall be reviewed and approved by Staff. 8. Prior to building permit issuance for any structure, the final architectural details for the structures shall be reviewed and approved by Staff. 9. Prior to building permit issuance for any structure, A Development Improvement Agreement (DIA) shall be recorded. The DIA shall include, among other things, bonding for the installation and warranty of the landscaping and bonding for the construction and warranty for the extension to the public trial on Bitner Road. 10. Prior to building permit 8issuance for any structure, all necessary requirements of the Summit County Engineering Department shall be satisfied. 11. If the property owner finds that additional trash service is needed beyond what the County normally pays for, the property owner will be responsible for any costs associated with the additional service. 12. Prior to building permit issuance for any structure, the applicant shall comply with the ADA requirements, to be reviewed and approved by the Summit County Building Department. 13. All other service provider requirements shall be met. MOTION CARRIED (6-0)
Page 27 of 27 3. Discussion and possible action regarding potential amendments to Sections 10-8 General Regulations of the Snyderville Basin Development Code to allow for the operation of Mobile Food Trucks and Mobile Food courts in certain areas of the Snyderville Basin Ray Milliner, Principal Planner Commissioner Cooke made a motion to continue this item to a date certain (June 26th). The motion was seconded by Commissioner Fine. All voted in approval. MOTION CARRIED (6-0) DRC UPDATES (None) COMMISSION ITEMS (None) DIRECTOR ITEMS (None) ADJOURN At 8:10 p.m., the meeting was adjourned. Approval Signature