COMMISSIONERS PRESENT: MINUTES SNYDERVILLE BASIN PLANNING COMMISSION REGULAR MEETING TUESDAY, MAY 8, 2018 Sheldon Richins Building 1885 West Ute Boulevard, Park City, UT Bea Peck- Chair Thomas Cooke Ryan Dickey Canice Harte John Kucera Joel Fine Malena Stevens STAFF PRESENT: Patrick Putt Community Development Director Peter Barnes Planning & Zoning Administrator Amir Caus- County Planner Dave Thomas- Deputy County Attorney Kathryn 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. Approval of Minutes January 9, 2018: Commissioner Fine made a motion to accept the minutes as written. The motion was seconded by Commissioner Kucera. Commissioner Dickey requested a change be made to the minutes. He made a motion to reconsider the minutes of January 9, 2018. That motion was seconded by Commissioner Fine. MOTION CARRIED (7-0)
Page 2 of 12 Commissioner Dickey made a motion to accept the minutes of January 9, 2018 as corrected. The motion was seconded by Commissioner Fine. All voted in approval. MOTION CARRIED (7-0) April 10, 2018: Commissioner Cooke made a motion to accept the minutes as written. The motion was seconded by Commissioner Fine. All voted in approval. MOTION CARRIED (7-0) 3. Discussion and possible action regarding a plat amendment to relocate a 16-foot wide public utility easement within Lot 213 of the Jeremy Ranch Plat 2 Subdivision; 3555 West Lariat Road; JR-2-213-AM; Adam Herrup-Morse, applicant Amir Caus, County Planner Planner Caus said this lot was amended over a decade ago. The lot line was moved and incorporated a portion of Lot 12. At that time, the public utility easement was not changed along with the amendment. The applicant is requesting to correct that error. The easement will be moved to the edge of the Lot 12. The entire 16-feet of the utility easement will remain on the subject property. Prompting this action is the applicant s desire to add onto his home in the future. Staff recommends approval. The public hearing was opened. No comments were made and the public hearing was closed. Commissioner Cooke made a motion to approve the plat amendment for Jeremy Ranch Lot 213 moving the public utility easement based on the following and as found in the Staff Report: Findings of Fact:
Page 3 of 12 1. Jennifer Downie and Adam Herrup-Morse are the owners of record of Parcel JR-2-213-AM (0.56 acres), located at 3555 W. Lariat Road, Jeremy Ranch, Summit County, UT. 2. The proposed Plat Amendment is legally described as Jeremy Ranch Subdivision Plat No. 2 2 nd Amended Lot 213. 3. The proposed Plat Amendment will correct a discrepancy not contemplated as part of the 2006 plat amendment of Lots 212 and 213. 4. The public utility easement would be moved to the Eastern property line of Lot 213 and would remain entirely within the lot. 5. The proposed addition to the single family residence on Lot 213 would meet the required setbacks and would not be located on the Public Utility Easement. 6. Public notice of the public hearing was published in The Park Record. 7. Postcard notices announcing the public hearing were mailed to property owners within 1,000 feet of the subject parcels. 8. Staff has reviewed the plats for compliance with applicable Development Code standards. Conclusions of Law 1. There is good cause for this Plat Amendment. 2. The proposed Plat Amendment will not result in additional density. Conditions of Approval: 1. All service provider requirements shall be met. The motion was seconded by Commissioner Fine. All voted in approval. MOTION CARRIED (7-0)
Page 4 of 12 4. Public Hearing and possible action regarding a Conditional Use Permit to construct a natural gas regulator station; 4400 N S.R. 224, PP-105-A-X; Joseph D. Kesler, applicant Amir Caus, County Planner Planner Caus reminded the Commission that this application was heard at the previous meeting. At that meeting, the Commission did not like the landscaping options and the visibility of the regulator station. As a result, the applicant has come tonight with different landscaping options. Staff requests a discussion and possible decision. Planner Caus noted the HOA was represented at the past meeting. The HOA president stated they prefer river stone for the walls of the station. They have since decided the river stone option would be more visible and now prefer the metal cladding. Planner Caus said the river stone is still an option the Commission can consider if they would like to. He said the HOA likes the idea of adding a berm and landscaping. Chair Peck asked for further description of the landscaping. What is a water sausage? Chad DeMille, from Dominion Energy Gas, said a water sausage helps to keep the trees watered while they become established. These are maintained for two years. They were used at the regulator station located by the Tanger Outlet Mall and were not successful. The trees had to be replanted. A discussion ensued on the viability of this method to establish trees at this location. Planner Caus said this site appears to be wetter than the Tanger site. COMMISSION COMMENTS AND QUESTIONS Commissioner Dickey asked about the materials that will be used for the wall. Mr. DeMille said they are trying to match the Tanger site. Behind the corrugated metal will be CMU brick. It will not be overly visible. Commissioner Dickey encouraged the brick to be as hidden as possible.
Page 5 of 12 Commissioner Fine said he wants to ensure that the landscaping will receive the attention needed into the future. Planner Caus said there will be a bond; however, State law allows the bond to be held for only a certain amount of time. He added that it will be better if the trees are not planted on the berm. Several of the Commissioners said they prefer the river rock over the metal cladding, but they will rely on the expertise of Staff about which material will look the best. Commissioner Cooke said the HOA preference is important to him. He thinks it is more likely the trees will be able to support themselves at this location. He likes the idea of a berm. Commissioner Cooke asked if the right-of-way and the driveway will be gravel, concrete, or asphalt. Mr. DeMille said Dominion Energy believes the asphalt will look better. Within the walls of the station, there will be gravel surfaces. Commissioner Cooke asked about the break in the fence created along Highway 224. Is there any concern that people will inadvertently pull in? He frequently sees people turn into the wrong access along the highway. Is this a traffic concern? Mr. DeMille said they shared that concern with UDOT. They were told the width of the 16-foot driveway indicates it leads to something private. A public entrance along that road is a minimum of 25 feet. Mr. DeMille said they could add a chain to the entrance if it is a concern to the Commission. He added that it is a good distance away from any of the accesses to the neighborhood. He doesn t think there will be a problem. Commissioner Kucera said he as far as the material used for the wall, he prefers whatever color mitigates the visibility of the station as much as possible. He asked if the location of the trees can be adjusted to further hide the visibility of the station from the south side. Mr. DeMille said a berm on the south side will hide the station. The landscaping of this area was further described.
Page 6 of 12 A straw poll was taken of the Commission s preference on the berm (or not) and the type of façade. The majority of the Commission preferred the berm and the metal wall. Planner Caus noted the trees will be about six feet in height. The public hearing was opened. David Bryan is the resident whose property is directly behind the proposed regulator station. He and Dominion Energy had a discussion about planting one or two trees in a common area to block his view of the station. He has a signed document with Dominion Energy that he will be responsible for watering that area. James O Reilly is the Snyder s Mille HOA president. The feedback he has received from the residents is that they don t want to have anything there, but this seems to be a foregone conclusion. He thinks the HOA board will be accommodating. The public hearing was closed. Commissioner Harte said it seems that the HOA and the closest homeowner is willing to help with the watering the property. That is different than what they heard at the last meeting. Because of this, the trees will have a greater chance to successfully grow. Commissioner Harte said he thinks a discussion is needed about the trees being put in. Planner Caus said because the Community Development Director is the final land use authority, Director Putt could be the person that approves the final landscape plans. Attorney Thomas said the additional trees can be added as a condition of approval. Commissioner Harte said he doesn t feel the need to understand the type of trees or other specific details, but he would like to see the additional trees be made a condition of approval. Commissioner Cooke said he agrees it should be made a condition of approval, but that Director Putt could make the final decisions.
Page 7 of 12 Chair Peck asked the applicant if Dominion Energy would find it acceptable if that were added as a condition of approval. Mr. DeMille replied they don t want to plant trees that will die. If they have help from the neighboring landowner with watering, they are happy to plant additional trees. Chair Peck took a straw poll. The Commission preferred to have this added as a condition but Director Putt should have the authority to approve the final landscaping plan. A discussion was held on the wording of the condition of approval. Commissioner Harte made a motion to approve the conditional use permit pursuant to the Findings of Fact, Conclusions of Law, and Conditions of Approval as outlined in the Staff Report and with one additional condition as follows: FINDINGS OF FACT 1. Summit County owns Parcel PP-105-A-X, located at 4400N S.R. 224, Summit County, Utah. 2. The property is located in the Rural Residential (RR) zone. 3. The parcel is of a square shape and is 0.33 acres in size. 4. The depth of the parcel is 116 feet. 5. The parcel is relatively flat with S.R. 224 to the west. 6. The property has access from S.R. 224. 7. Parcel PP-105-A-X was acquired by Summit County as part of the Canyons SPA. 8. Parcel PP-105-A-X was designated as an open space parcel held by Summit County and a restrictive use covenant in favor of Summit County was placed upon it. 9. The subject open space covenant expressly allows Summit County to remove the covenant at its discretion. 10. Summit County was approached by Dominion Energy to place a regulator station on the subject property. 11. Summit County entered into an agreement to sell the subject property to Dominion Energy.
Page 8 of 12 12. As part of the purchase, Summit County will release the restrictive use covenant. 13. Summit County must use the proceeds from the sale for the purchase for replacement open space. 14. Per Section 10-2-4(E.2) of the Snyderville Basin Development Code: The minimum right-of-way setbacks from Highways 224, 40, 248, and Interstate 80 shall be one hundred feet. 15. A CMU fence with metal paneling is proposed to be 66 feet from the S.R. 224 right-of-way, while the equipment enclosure is proposed to be 75.5 feet from the right-of-way. 16. There are exceptions in the Code for fence setbacks; however, they are required to be no more than 4 feet in height in the front. 17. For security purposes, the applicant requires an 8 tall fence. 18. The side and rear portions of the fence would be up to the property line which is allowed; however, a building permit would be required for a fence over 6 feet in height. 19. The equipment enclosure would be 78.5 feet from the S.R. 224 right-of-way, 26.5 feet from the rear property line, 12 feet from the south property line, and 71 feet from the north property line. 20. With the 116 foot depth of the lot, it would not be possible to construct the regulator station that meets the required setbacks and would cause an unreasonable hardship. 21. Due to the lack of buildable area, the Board of Adjustment granted a variance from the Snyderville Basin Development Code Section 10-2-4(E.2) on January 25, 2018 to decrease the required 100-foot setback up to 66 feet. 22. The Board of Adjustment granted an additional 10-foot setback variance to allow the regulator station to move west, should the Snyderville Basin Planning Commission find that an additional setback from the residential lots on the eastern boundary of the subject property would be in the public interest. 23. The equipment enclosure would be 78.5 feet from the S.R. 224 right-of-way, 26.5 feet from the rear property line, and 71 feet from the north property line.
Page 9 of 12 24. Per the Snyderville Basin Development Code, this use is considered Utility Facilities, Major and as such a Conditional Use Permit is required within the Rural Residential Zone. 25. The applicant is unable to expand the existing Sun Peak, Ute Blvd., and Silver Springs Drive Regulator Stations due to lack of space and due to the size of high pressure lines servicing these stations at this time. 26. Should the proposed Conditional Use Permit be approved, the applicant has stated that Sun Peak, Ute Blvd., and Silver Spring Drive Regulator Stations would be decommissioned. 27. On March 27, 2018, the Planning Commission held a public hearing. 28. During the March 27, 2018 Planning Commission meeting, the Planning Commission expressed concerns with regards to visibility and directed the applicant to return with a few more options concerning the wall and landscaping finishes. 29. Staff has included, in Exhibit B of the Staff Report, a revised landscaping package for the Planning Commission s consideration. 30. The findings analyses in the Staff Report are incorporated herein. CONCLUSIONS OF LAW 1. Within the fenced area, the applicant will build a 12 x 12 equipment enclosure that is 9 tall to house the majority of the equipment. 2. The proposed project, as conditioned, meets the requisite standards set forth in the Snyderville Basin Development Code, Section 10-3-5: Conditional Use Permit. CONDITIONS OF APPROVAL 1. No outdoor storage is permitted. 2. The location and height shall be as per the Exhibit A drawings as found in this Staff Report or as modified by the Planning Commission per Finding 22 above. 3. The landscaping shall be per the option that the Planning Commission chooses from Exhibit B in this Staff Report.
Page 10 of 12 4. No modification to the approved Conditional use Permit is permitted without the prior approval of the Summit County Development Department. 5. All disturbed areas shall be revegetated with a native drought tolerant seed mix. 6. A bond shall be in place to ensure site restoration/revegetation of the disturbed areas. 7. All necessary permits must be obtained and fees be paid prior to commencement of any construction activity, including but not limited to the Summit County Engineering and the Summit County Building Departments. 8. All other service provider requirement shall be met. 9. The applicant will add additional trees on the south side of the property to obscure the view of the homeowners. The number of trees and landscaping will be determined by the Community Development Director. The motion was seconded by Commissioner Fine. All voted in approval. MOTION CARRIED (7-0) 5. Discussion and possible action regarding a plat amendment to relocate limits of disturbance areas on Lot 3 of the Brookside Estates Subdivision; 3951 Brookside Ct; BSE-3-2AM; Gene Arnold, applicant Amir Caus, County Planner Planner Caus said the last time this was before the Planning Commission, the Commission directed the applicant to complete a tree survey. A tree survey would assist the Commission in making a finding of good cause. This was done and the survey indicated there are 20 more trees being saved than previously believed. Planner Caus said because all property owners within the subdivision have signed in agreement of this action, a public hearing is not required. COMMISSION COMMENTS AND QUESTIONS
Page 11 of 12 Commissioner Fine asked Attorney Thomas to describe what constitutes good cause. Attorney Thomas said good cause is a legal term that relays to whatever cause the Planning Commission deems reasonable. The Commission should outline on the record, what constitutes good cause for an application and give some kind of substantial evidence behind it. Commissioner Dickey said he believes the reduction in tree removal constitutes good cause. He recommended this be added to the Findings of Fact. Commissioner Dickey made a motion to approve the Brookside Estate Lot 3 Plat Amendment subject to the Findings of Fact, Conclusions of Law, and Conditions of Approval as outlined in the Staff Report. An additional Finding of Fact shall be added that the reduction of loss of trees constitutes good cause. Commissioner Fine seconded the motion. All voted in approval. MOTION CARRIED (7-0) DRC UPDATES Commissioner Stevens asked when the next Kimball Junction DRC committee will be meeting. Director Putt explained when to expect the next meeting. Commissioner Dickey reported on the Canyons DRC activity. COMMISSION ITEMS Commissioner Cooke noted one of the things the Silver Creek developer was required to do was put in a public trail. He reported they are putting in pedestrian crosswalks at both ends of the trail. DIRECTOR ITEMS
Page 12 of 12 Director Putt outlined the agenda for the May 22 nd meeting. It will be a full agenda. The June 12 th meeting will have a relatively light agenda. Chair Peck recommended that Staff see if some items can be shifted to even out the meetings. Director Putt said that request is a good reminder for Staff to not over-schedule the Commission meetings. Director Putt gave an update for Colby School. It will be going to Third District Court. It may take a year before that process is completed. ADJOURN At 5:34 p.m., the meeting was adjourned. Approval Signature