Commission Members Present: Chris Berbert, Andrea Bradford, Adam Jacobson, Curt Noble, Robyn Shakespear, Wade Thompson

Transcription

1 The following are the minutes of the Planning Commission Meeting held on Thursday, March 2, 2017 at 6:00 p.m. in the Herriman City Community Center, South Pioneer Street (6000 West), Herriman, Utah. Adequate notice of this meeting, as required by law, was posted in the Community Center, on the City s website, and delivered to members of the Commission and media. Presiding: Chair Clint Smith Commission Members Present: Chris Berbert, Andrea Bradford, Adam Jacobson, Curt Noble, Robyn Shakespear, Wade Thompson Council Members Present: Mayor Carmen Freeman City Staff Present: City Planner Bryn McCarty, Planner I Sandra Llewellyn, City Engineer Blake Thomas, City Attorney John Brems 6:08:44 PM City Planner Bryn McCarty advised the commission that the meeting on May 18 th may need to be cancelled due to the APA conference the week before which may not give them enough preparation for the meeting. She reminded them about the joint work meeting on March 30 th with a start time of 4:00pm to tour the new city hall. 6:12:09 PM City Planner Bryn McCarty explained that the subdivision was approved next to the Cove. Mr. Kelsch has a lot next to Wide Hollow and 6600 West. It has been his intent to divide that lot into a flag lot. The concern was that the subdivision was approved for a very specific number of lots. The applicant would need to amend the approval. Commissioner Adam Jacobson reiterated that the development was only approved with a specific amount of lots. Chair Smith explained that he would not be willing to add an additional lot to the development. Mr. Kelsch reported that the lot was on the developer s drawings from the very beginning. Then he told him it was okay to take the lot off in order to let things settle out and then he would come back later and develop it then. City Planner Bryn McCarty explained because of the way the subdivision was approved, their hands were tied. Mr. Kelsch asked about a possibility in a different area. City Planner Bryn McCarty advised him that they would work with him to see about other options. City Manager Brett Wood announced a tour of the new city hall on March 30 th and advised the

2 March 2, 2017 ~ Planning Commission Minutes Page 2 of 18 commission to meet at the new city hall building at 5:00pm. City Planner Bryn McCarty questioned the time, she had been told 4:00pm. They would confirm the time before that date. He advised them to wear boots and protective clothing. 6:24:50 PM City Planner Bryn McCarty asked the commission if there was anything they would like to discuss during the joint meeting. One request was for home occupations. City Planner Bryn McCarty mentioned that the council had concerns about accessory buildings and would like to discuss second story, setbacks and occupants in a living space above the garage. They will also discuss policies and procedures and a Community Coordinator Program. The program would involve a neighborhood coordinator that the developer would be required to organize neighborhood meetings with prior to meeting with the commission. 6:27:17 PM City Attorney John Brems briefly discussed the topic of social media. He explained that rules of procedure that say no ex parte communication. Which means that you are not to talk to others about matters that are in front of planning commission. He advised them that it is not a good idea to comment on social media regarding planning matters. Chair Smith explained that it was a protection for them and the city 6:29:17 PM Item 2.1 The amendment to the Walmart Elevations will be continued. The applicant was still working on changes based on the commission comments from the last meeting. City Engineer Blake Thomas reported recently seeing a Walmart like the one proposed and thought it looked good. Item 2.2 Detention Pond Dedication plot amendment to dedicate a detention pond to the city. Item 2.3 Complete Care Hospital Facility the applicant for the Hospital provided parking numbers and information regarding fencing. Item 2.4 Preschool amendment to conditions. Applicant asked to change the requirement of written approval from the HOA and the other home owner. They have provided a letter from their attorney that felt it addressed the common space issue. David Watts representing the HOA explained which area was limited use common area. The attorneys agreed that limited use was owned and controlled by the HOA. The CC&R s state that the owners have exclusive rights and use to use the limited use areas for access and who comes on the property, however, they do not have right to decide who can and cannot use the other s property. The HOA has the exclusive right to decide who can and cannot use the limited use common area. The drop off and pick up will be on the private road. They cannot use the area for the business, no cars will be allowed in the common use area. Item 2.5 Beer License the proposal was for an off premises beer license for the recently approved gas station. The license is a conditional use in the zone. Alcohol would need to be consumed off premise, the license would basically allow the sale of beer. The applicant provided a letter to show how it complies for the conditional use. Staff did received some s and they were provided in the packet.

3 March 2, 2017 ~ Planning Commission Minutes Page 3 of 18 Mayor Freeman explained that he had received s as well and there may be some people present who would like to make a comment. He requested that the commission explain why public comment would not be allowed and why the item could be approved as a conditional use. Chair Smith explained that there was also a letter received that mentioned how it would be inappropriate for the commission to take the application because of an action before the city. He clarified that there has been no action taken and there is nothing ahead of this application that would warrant them not to take action on the application in place. Chair Smith further added that the city set the business hours, however, there are regulations and conditions set by law that the applicant would have to meet to maintain their license. It was noted that the regulations for the sale of beer was similar to the regulations for Smith s or Walmart. Item 2.6 Basement Apartment the commission requested that Mr. Witzel provide approval from the HOA for his subdivision, however, the HOA is no longer in place and therefore he cannot obtain approval from them. Item 2.7 LDS Church in the Black Hawk Subdivision was fairly standard. It does show stone on the elevation. City Engineer Blake Thomas reported that the Fire Marshall approved the design. The traffic study did not require a road connection and the church does not want the connection, however, they will provide a pedestrian access. City Planner Bryn McCarty noted the four rail fence along the trail on the north side of the property and suggested that the church install something similar. Item 2.8 Verizon Wireless Monopole at Providence High School the applicant provided renderings. Item 2.9 & 2.10 Subdivision and Master Plan for 17 Single Family Lots & 41 Townhomes in Pod 30 a church was originally proposed for the property, however, the church was no longer interested and the applicant was proposing houses that will match the surrounding areas. Matt Watson (applicant) explained that the product type proposed was similar to a style already approved in other subdivisions; two car garages and two car driveways. Color schemes were reviewed and fencing was briefly discussed. Item 3.1 Rezone from A-1, A-.50 and A-.25 to R-1-10 trying to get an approval for it to remain A-.25 Jerry Walker provided a plan and wanted to make sure they understood that it was only a concept plan. Regarding A-.25 cannot be recommended but you can say R-1-10 is not the best option and they felt that A-.25 would probably be the best for the area but the council would be the only one that could make that decision. The density of the surrounding properties were A-.25. Item 3.2 Text Change to Off Street Parking Ordinance the proposed ordinance was consistent with other neighboring city ordinances. The parking ordinance proposed was for residential only, not commercial. The ordinance would affect any new applications without a development agreement already in place. City Planner Bryn McCarty reported that the whole ordinance was almost complete and will be discussed at the next work meeting. City Council was having a public hearing on the general plan next week. It was noted that the public hearing was not required, however, they thought it would be good to hold allowing information to be shared and comments to be made. City Attorney John Brems reminded

4 March 2, 2017 ~ Planning Commission Minutes Page 4 of 18 the commission that even though it will be on the website, they do not need to comment or respond to comments made. The entire ordinance will be presented at the next joint meeting. Meeting Adjourned 6:59:09 PM ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Presiding: Chair Clint Smith Commission Members Present: Chris Berbert, Andrea Bradford, Adam Jacobson, Curt Noble, Robyn Shakespear, Wade Thompson Council Members Present: Mayor Carmen Freeman City Staff Present: City Planner Bryn McCarty, Planner I Sandra Llewellyn, Deputy Recorder Cindy Quick, Communications Specialist Steve Cyr, Assistant City Manager Gordon Haight, City Engineer Blake Thomas, City Attorney John Brems 7:04:19 PM Chair Clint Smith welcomed those in attendance. 7:04:36 PM Melissa Price led us in the pledge. 7:05:04 PM Full Quorum, Jessica Morton absent 7:05:14 PM Commissioner Curt Noble MOVED to approve the minutes for February 16, Commissioner Robyn Shakespear SECONDED the motion. The voting was unanimous. 7:05:43 PM Chair Clint Smith reviewed the public comment policy and procedure.

5 March 2, 2017 ~ Planning Commission Minutes Page 5 of 18 7:07:09 PM Chair Smith explained that the applicant was not ready to present and asked for a continuation. Commissioner Robyn Shakespear MOVED to continue without date. Commissioner Curt Noble SECONDED the motion. 7:08:19 PM City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The proposal was for the landscaped area adjacent to the creek. It was noted that the applicant was not present. 7:09:18 PM Chair Smith opened the public hearing and called for any citizen who would like to speak on this item to come to the podium, fill out a comment form and state their name for the record. Citizen Comments: None 7:09:39 PM Chair Smith closed the public hearing. Commissioner Wade Thompson asked if the property was part of Midas Creek and the response was that the creek was below the property or just to the south of it. Commissioner Adam Jacobson MOVED to approve the item with staff s single requirement. Commissioner Wade Thompson SECONDED the motion. Requirements: 1. Receive and agree to the recommendations from other agencies.

6 March 2, 2017 ~ Planning Commission Minutes Page 6 of 18 7:10:44 PM City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The proposal was for a conditional use which was an allowed use in the zone, with conditions placed to mitigate the effects; such as parking, fencing, etc. The applicant submitted a parking study and clarified that the fencing would go around the property and around the generator. Reed Dixon (applicant), Infinity Consultants representing Complete Care reported that modifications were made to the plan and a letter was submitted showing hundreds of other facilities similar to the one proposed. They selected three that were most similar in square footage, number of rooms, number of employees and number of parking spaces that were functioning well. They applicant felt that they have the most interest in seeing that the facility was not under parked. The screening around the generator was clarified and it was noted that it would operate only in emergencies when the power was out. There will be a masonry screening wall along the property line which would eventually continue on the north side of lot four. City Planner Bryn McCarty showed renderings of the building. Commissioner Andrea Bradford asked what the proposed number of employees would be. The response was no more than 20 staff at any given time, however, that will fluctuate. Commissioner Chris Berbert mentioned that requirement 11 notes that all dumpsters and mechanical areas shall be screened. He asked if they would be screening those areas with a precast wall. The response was yes, around the dumpster and generator. Commissioners felt that all concerns had been addressed. Chair Smith thanked the applicant for the documents submitted. Commissioner Chris Berbert MOVED to approve the item with staff recommendations with one amendment in item number 11, that all dumpsters and mechanical areas shall be screened, clarify that it will be a precast wall. Commissioner Adam Jacobson SECONDED the motion. Requirements: 1. Meet with the Staff for review and final approval of the site plan. 2. Receive and agree to the recommendations from other agencies. 3. There shall be 20 feet of landscaping along 5600 West. Submit landscaping plans showing types, sizes and placement of plant material to the Staff for review and final approval % of the total site shall be landscaped and shall also include a minimum of 5% of the parking area landscaped. 5. Building elevations are approved as submitted, including 60% brick or stone. 6. No signs are approved with this request, separate approval will be required. 7. Install a 6 foot precast wall on the west side of the property, the length of the detention pond. The existing rail fence should be returned to the City. 8. Parking shall be provided as shown on the site plan, which is a minimum of 64 parking spaces. 9. Hours of operation to be 24 hours a day, 7 days a week.

7 March 2, 2017 ~ Planning Commission Minutes Page 7 of Setbacks as follows: Front: 8 feet Side Yards: 20 on the corner / 15 feet adjacent to residential, with an additional setback for buildings over 15 feet in height based on a one to one ratio. Rear: None 11. All dumpsters and mechanical areas shall be screened with a precast wall. 12. Provide a traffic impact study for review and approval. This should include information on access points. 13. One access point will be allowed off of 5600 West. Additional access allowed from internal roads. 14. Detention shall be provided on site as required by City standard. This may be in underground detention. 15. Install curb, gutter and sidewalk on all public streets. 16. All exterior lighting must be reviewed and approved by the City Engineer, including a photometric plan. 17. Install sidewalks and park strip along 5600 West. 18. Any changes made to existing street lights will be at the cost of the applicant, not the City. 19. Work with engineering on grading the site. A rock wall may be required on the north property line. 20. Work with engineering on the relocation of the water line, due to the combination of lots 7 and 8. Cap off any existing water services that won t be used. 21. Complete a plat amendment to combine lots 7 and 8. This shall be done prior to submitting a building permit. 22. Fire Sprinklers are required per UFA. 23. Any covered portion of the driveway shall have a minimum clearance of 13 feet 6 inches. 24. The generator shall be screened with a precast masonry wall. The wall shall be at least 6 feet tall, and a minimum of 2 feet taller than the height of the generator. 7:16:18 PM City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The proposed preschool was approved several months ago, one condition was that the applicant should receive written approval of the HOA and all property owners that share the driveway. The HOA provided a map stating that the HOA has the authority to give permission for the limited common area and the property owner has the right of ingress and egress. There were conditions required for pick up and drop off of children to have that be on the main private road, not in the driveway. The letter also provided a legal opinion from an attorney that the HOA can mandate who has use of the driveway. The applicant was hoping that the HOA approval would suffice and that they

8 March 2, 2017 ~ Planning Commission Minutes Page 8 of 18 would no longer need additional approval from the adjacent property owner. Jessica Rasmussen (applicant) reported that there was an HOA approval letter and a letter from the lawyer, as well. David Watts, Rosecrest Village HOA explained that the area platted shows language for limited use common area noting that the HOA has complete control, right and access for who can use that property. He proposed that the commission amend item 11 to require written approval from the HOA only. Commissioner Adam Jacobson agreed except that the HOA approval letter stated, no use of the HOA common area. Mr. Watts explained that the concern was for the common area and grass play area. The note was to ensure children would not be playing in the driveway. He stated that the letter could be updated. Commissioner Chris Berbert mentioned that with the HOA providing approval for the preschool and noting that they felt it was worthwhile for their community, he felt good with the proposal. Commissioner Adam Jacobson suggested that staff could receive the updated and clarified letter. Commissioner Adam Jacobson MOVED to recommend approval of the item. The verbiage for the 11 th condition should say applicant must provide written approval from the HOA with regards to limited and common area use. Commissioner Wade Thompson SECONDED the motion. Requirements: 1. Comply with recommendations from other agencies, i.e. Fire Department, Health Department. 2. Subject to a review upon complaint. 3. Signage is limited to 3 square feet attached to and parallel to the dwelling. 4. Obtain a business license. 5. No employees are approved with this application. 6. No on-street parking. 7. Hours of operation to be 9:30a.m.-12:00 p.m. Mondays thru Friday 8. Maximum of 12 children. 9. Fencing required if child care is provided outdoors. 10. Receive HOA approval and meet all of their conditions of approval. 11. Applicant must provide written approval from the HOA with comments regarding the use of the limited common areas. 7:22:09 PM

9 March 2, 2017 ~ Planning Commission Minutes Page 9 of 18 City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The license would be for the approved gas station off 5600 S and Main Street. The off premise beer license is a permitted use with conditions placed to mitigate any detrimental effects. The applicant provided a layout of the store and a write up to show how they meet the criteria for the conditional use. s had been received for the item. Additional requirements are placed on the applicant by the state for hours of alcohol sales and who they can sell alcohol to. Commissioner Wade Thompson asked for clarification of the off premise beer license. City Planner Bryn McCarty explained that the alcohol cannot be consumed at the gas station, it can only be consumed off site. She noted that it was similar to the requirements placed on a grocery store. Clint Smith explained that the proposal was not on for a public hearing because it was a permitted conditional use and public comment would not be received. However, comment forms would be submitted for public record. There was a request that action not be taken on the item due to other proceedings taking place within the city. He reported that there was nothing else within the city that would prohibit them from moving forward with the application. Brandon Ball (applicant) works with the Bourgeois family. He asked for clarification about moving the item to another time. The response was, no, there was information in the packet that may have made it appear that there was something to prohibit them from moving forward, however there was nothing. Mr. Ball detailed how the store cash registers are programmed to not allow a sale of alcohol outside of the restricted time frames. They would not be able to purchase alcohol before 7:00 am. He was aware of state laws and restrictions for the sale of alcohol and the requirements that it only be consumed off site. Commission discussion. Commissioner Adam Jacobson commented that the proposal made sense. Commissioner Curt Noble felt that the conditional use had been met. Chair Clint Smith reiterated that there were state regulatory rules that the owner would have to comply with, as well. Commissioner Adam Jacobson MOVED to approve the item with the five requirements outlined by staff. Commissioner Curt Noble SECONDED the motion. Requirements: 1. Meet with the Staff for review and final approval of the site plan. 2. Receive and agree to the recommendations from other agencies, 3. All exterior lighting, including a photometric plan, must be reviewed and approved by the City Engineer which will mitigate or eliminate detrimental impacts of light. 4. Receive required license from the State for off-premise beer sales. 5. Sale of beer shall be prohibited from 1:00am to 7:00am every day, which will mitigate or eliminate detrimental traffic and noise impacts. Commissioner Chris Berbert Commissioner Andrea Bradford Commissioner Adam Jacobson Yes Yes Yes

10 March 2, 2017 ~ Planning Commission Minutes Page 10 of 18 7:29:53 PM City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The proposal was for a basement secondary unit. The item was continued to receive approval from the HOA, however, the HOA had been dissolved. Nick Witzel (applicant) was available for further questions. Chair Smith appreciated the consistency with staff and the commission for these types of items and noted that the HOA approval was a traditional requirement that should be met. Commissioner Chris Berbert MOVED to approve the item with three requirements. Commissioner Adam Jacobson SECONDED the motion. Requirements 1. Owner must live in the home. 2. One off street parking stall must be available. 3. Living unit must be smaller than the main dwelling unit. 7:32:17 PM City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The proposed LDS Church would be in the Black Hawk subdivision. Pictures of the lot and layout for the church were shown. The elevation is required to have an element of brick or stone. There was a trail with a four rail fence around the open space. It was noted that the church would be adjacent to that trail. City Planner Bryn McCarty requested that they review the fencing requirement. Mike Davey (applicant), BHD Architects, reported regarding the fencing that they had considered an

11 March 2, 2017 ~ Planning Commission Minutes Page 11 of 18 open three rail fence along the trail. Next to neighborhood they planned a six foot vinyl fence and along Rifle Shot Lane, there would be an opening in the fence to allow pedestrian traffic. Commission discussion. A question regarding colors of the building was directed to the applicant. Mr. Davey presented a color board with earth toned brick and asphalt shingles for the roof. Commissioner Wade Thompson asked for clarification about the landscaping along the trail. Mr. Davey reported that the area of concern was landscaped and the HOA would be required to landscape the area. Commissioner Curt Noble MOVED to approve the item with staff recommendations 1through 8. Commissioner Wade Thompson SECONDED the motion. Requirements: 1. Meet with the Development Services Staff for review and final approval of the site plan. 2. Receive and agree to the recommendations from other agencies. 3. Submit landscaping plans showing types, sizes and placement of plant material to the Staff for review and final approval. 4. Building elevations are approved as submitted, including the stone accents as shown. 5. Install curb, gutter and sidewalk on all public streets. 6. Provide a 6 foot vinyl privacy fence along the south and east property line. Provide a 3-rail fence on the north property line, along the trail. 7. All air conditioning units, dumpsters, and outside utilities shall be fenced with masonry enclosures. 8. Parking shall be provided at 1 space for each 6 1/2 feet of linear pew, or 3 1/2 seats in the meeting hall; provided, however, that where a church building is designed or intended to be used by 2 congregations, 11/2 parking spaces shall be provided for each 3 1/2 seats in the meeting hall. 7:39:22 PM City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The proposed monopole cell tower would be located in the parking lot of Providence High School. The monopole would be a conditional use on public property. The applicant provided a rendering of what it would look like. The monopole would be a stealth tower with the school s logo. An elevation was provided to illustrate the look of the tower. Pete Simmons (applicant) responded to Chair Clint Smith s question about the request for the tower to

12 March 2, 2017 ~ Planning Commission Minutes Page 12 of 18 be 80 feet high. He explained that the property to the west and south had a forty foot elevation change which goes to 75 feet in some areas. His desire was to be higher allowing them to broadcast to the surrounding areas of the city. He reported that other antennas would be included on the tower, as well. Commission discussion. Commissioner Chris Berbert wanted the proposed tower to match the renderings. Commissioner Adam Jacobson wondered about the fencing and noted that the commission would typically require precast. Mr. Simmons explained that they planned to match the fencing around the dumpster which was CMU (Concrete Masonry Unit) wall. Commissioner Chris Berbert MOVED to approve the item with requirements, adding to number two, that it matches the existing fencing that surrounds the dumpster in the area. Number six, that the proposed tower match renderings with school logo and concealed antennas. Commissioner Curt Noble SECONDED the motion. Requirements 1. Receive and agree to the recommendations from other agencies. 2. Install a 6 high solid visual barrier fence around the periphery of the property that matches the existing fencing surrounding the dumpster in the area. 3. The tower must be constructed so as to allow a collocation of a second user on the base or original pole. 4. The height of the pole is limited to 80 feet above grade. 5. The monopole and the site the pole occupies are to be properly maintained. The pole must be removed within sixty (60) days after the communications use is discontinued. 6. The proposed tower to match renderings with school logo and concealed antennas. 7:45:25 PM Chair Smith explained that item 2.9 and 2.10 would be discussed together. City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. The proposed subdivision would be in the Herriman Town Center and was originally approved as a church lot, however, the church has decided not to build on the lot. The proposal would not change the overall density. A picture of the site was shown. A layout for the subdivision was provided. The proposal was for single family homes next to adjacent areas. Additional elevations will be

13 March 2, 2017 ~ Planning Commission Minutes Page 13 of 18 shown by the applicant. Matt Watson (applicant), representing Herriman Town Center showed the overall master plan. The proposal was for 58 units and the overall numbers showed 266 units remaining. He detailed where the single family homes would go. The builder already had three lots under contract. The applicant noticed the proposal to the residents in the area and no one showed up for that meeting. The public right of way cross section and private road cross section was shown. There will be on street parking on one side of the road. The road would connect S and Main Street and will be finished in May. Setback renderings were shown. There would be a fourteen foot side yard setback on Copeland. The homes will have an eighteen foot driveway. Townhomes would be two story with two car garages and driveways. The homes could be two story homes with two car garages and driveways. Elevations and pictures of similar homes were shown. Commissioner Wade Thompson asked for clarification on the tot lot. The response was that it would be a 30 foot diameter pit with a curved wall, the structure was unknown. 7:54:12 PM Chair Smith opened the public hearing and called for any citizen who would like to speak on this item to come to the podium, fill out a comment form and state their name for the record. Citizen Comments: Glen Larsen was concerned about the parking in the neighborhood. He recommended reducing the amount of units to provide more room in the subdivision. 7:55:19 PM Chair Smith closed the public hearing. Commission discussion. Chair Smith requested a requirement to ensure basements and a requirement for a tot lot in the development, as well. Commissioner Adam Jacobson asked about the distance for the parking area in front of lot 51. The response was 18 feet and the access road was 20 feet wide. Matt Watson addressed the concern of parking and explained that the ordinance currently required 2, however, the proposal was for 4.34 stalls per unit. Commissioner Curt Noble asked for clarification of where parking would be allowed on the private road. The response was that parking would only be allowed on one side of the road. He noted that no one could park within five feet of the driveway where parking would be allowed along single family homes. He also pointed out a parking area along lot 33. Commissioner Adam Jacobson MOVED to approve the item with the six staff requirements. Commissioner Chris Berbert SECONDED the motion. Subdivision Requirements 1. Meet with the Staff for review and final approval of the site plan. 2. Receive and agree to the recommendations from other agencies. 3. Install curb, gutter and sidewalk on all public streets. 4. Provide 100 year storm detention. This can be provided off-site as part of the Towne Center detention. 5. Provide a traffic study.

14 March 2, 2017 ~ Planning Commission Minutes Page 14 of The approval is for 17 single family lots and 41 townhome units. 8:00:14 PM Commissioner Adam Jacobson MOVED to approve the item with four requirements and the addition of two more. Number five that basements are required for all dwelling units and number six that a tot lot, similar to the size drawn on the drawing provided. Commissioner Chris Berbert SECONDED the motion. Master Plan Requirements 1. Receive and agree to the recommendations from other agencies. 2. Landscaping for the townhomes shall be installed by the builder and maintained by the HOA. 3. Building elevations to meet the approved HTC design guidelines and receive ARC approval. 4. The setbacks shall be as follows: Single family: 19 to the garage 12 to living space 5 side yard 15 rear yard For townhomes: 14 feet from any public right of way 18 feet for garages 5. Basements are required for all dwelling units. 6. Provide a tot lot similar to the size drawn on the plan submitted with the application.

15 March 2, 2017 ~ Planning Commission Minutes Page 15 of 18 8:01:46 PM City Planner Bryn McCarty oriented the commission with an aerial map, site plan and other images prepared. She noted that the intent of the applicant was to leave the zoning of A-.25 for the property and rezone the remainder of it to R A concept plan was shown in the work meeting. Applicant did submit a rough draft estimate for concept only of what could be provided. Pictures of the property were shown. Chair Clint Smith reported that the request for R-1-10 is the only current option because the A-.25 is no longer being used in the city and an equivalent replacement has not yet been created. Jerry Walker (applicant) reported that all the people who made comments during the last meeting have smaller sized lots than what he was proposing. He outlined the densities in the surrounding subdivisions; Heritage Place has a density of 2.6, 2.4, and 3.5 with an overall density of 2.7 for the subdivision. Silver Bowl has a density of 2.6, 2.7, and 2.2 with an average density of 2.5 for the subdivision. Creek Ridge has a density of 4.2 and 4.3 with an average density of 4.3 for the subdivision. The density being proposed would be similar to what already surrounded it. He reported that having half acre lots would require him to have some quarter acres lots in order to create a good mix. The A-.25 zone would allow the area to stay part of what was surrounding it. The R-1-10 zone allows agricultural uses. His property would remain two thirds of an acre and a third of an acre would be developed. The plan was that he would continue to live on the property. He would like to have a mix of lot sizes similar to the Heritage Place subdivision, phase two. The density desired would be 2.6 or 2.7 which he felt would fit in well with the surrounding areas. Commissioner Adam Jacobson liked the concept that Mr. Walker presented and how it showed the adjoining areas and surrounding lots. Chair Smith asked for Mr. Walker to clarify whether or not his request was for the old A-.25 zone. Mr. Walker s response was that he would like to use the A-.25 original zone, not the new zone that was being discussed for that type of development. Chair Smith explained that the public hearing was previously held and closed and that he would submit Elizabeth Jones comment form for the record. Commission discussion. Commissioner Chris Berbert explained that the general plan shows the area as agricultural with a density between 1.8 and 2.5. He did not feel that the R-1-10 zone fits the general plan for the area. However he believed that something could be found to meet the needs of the area and the developer. Mr. Walker explained that the he had been waiting for two years for the city to adopt the master plan. He advised the commission that could not make him wait for a standard that isn t currently in place today. He could not wait anymore. He said that they would need to approve it with the standards the city currently has in place. Chair Smith explained that was a struggle for him, as well. There were changes made in the city with a general plan amendment that had not yet been adopted. The area was considered as the old town area and an area that the city would look to preserve with a certain look and feel. The application before the commission was based on what was currently available. He felt that R-1-10 may not be appropriate for the area, however, there were no other options available to the

16 March 2, 2017 ~ Planning Commission Minutes Page 16 of 18 applicant. Commissioner Adam Jacobson agreed and felt that they should make a recommendation to the council to consider a zoning condition for the area. He didn t feel that an R zone made sense. City Planner Bryn McCarty clarified that the current general plan was residential with a density of and that the agricultural aspect was really the only difference. The commission s issue was for the density in the R-1-10 zone of 4 units per acre and that the general plan tied it to 2.5. Commissioner Adam Jacobson suggested recommending denial of the R-1-10 and request that the council consider an A-.25 with a zoning condition of 2.4 or 2.5. Commissioner Robyn Shakespear agreed and would like it as close to the requested density for the land owner. Commissioner Chris Berbert asked about moving the zone from A to R and what animal rights would be lost. City Planner Bryn McCarty explained that most animal rights were available in the R zone. The zone only eliminates large animals. Commissioner Curt Noble explained that the current general plan shows 1.8 to 2.5 and the request was for 2.5 to 2.8 and so the request was higher than the current general plan. Commissioner Adam Jacobson MOVED to recommend to the city council to deny the item with R-1-10 and consider something with an A-.25 with a zoning condition of 2.3 or 2.4 range. Commissioner Chris Berbert SECONDED the motion. 8:24:04 PM City Planner Bryn McCarty oriented the commission with a text change for the Off Street Parking ordinance. The first part of the ordinance would be for residential parking. Previously the ordinance had two spaces per unit. The proposal would be to separate out multi-family per bedroom with additional guest parking requirements. The single family or townhomes would require a two car garage for each unit, plus two paved off street spaces for each dwelling unit. Four spaces per unit for single family and townhomes. Commissioner Adam Jacobson would like to consider a requirement of guest parking in areas that do not have larger streets. City Planner Bryn McCarty suggested verbiage of, where no on street parking is allowed, provide additional guest parking. Commissioner Jacobson suggested having the requirement tied to a size of road. City Engineer Blake Thomas reported that a 32 foot road does not allow parking on one side of the road and below that size no parking would be allowed on both sides of the road. The road would need to be a 53 foot right of way to allow parking on both sides. City Planner Bryn McCarty suggested that it was a 28 foot right of way for parking on one side and City Engineer Thomas confirmed. Chair Smith suggested that it be tied to less than 28 feet where no parking would be

17 March 2, 2017 ~ Planning Commission Minutes Page 17 of 18 allowed. A discussion about how to describe the requirement took place. The desire was to provide guest parking in a subdivision where there was not enough parking in front of the homes. 8:33:14 PM Chair Smith opened the public hearing and called for any citizen who would like to speak on this item to come to the podium, fill out a comment form and state their name for the record. Citizen Comments: None 8:33:38 PM Chair Smith closed the public hearing. Commisison discussion continued. Commissioner Adam Jacobson suggested requiring that the developer show the on street parking to provide.25 guest parking spaces per unit and clarify whether or not the parking will be provided on the street or in a parking lot. If the developer uses a city standard right of way then they would not need to show the parking. If it is a private street, the developer would need to show how the parking would be achieved. He thought the language for the ordinance could be, for all private roadway cross sections the developer shall show either on street parking or additional parking to mitigate the.25 parking spaces per unit. Public roads would not be obligated to meet the requirement. Commissioner Jacobson suggested that a developer would not be able to have a townhome on a private road. City Engineer Blake Thomas clarified that Leasure Villas are on a public road and they are like a town home. Sometimes there can be a town home on a private road. Commissioner Jacobson reviewed the previous Herriman Town Center subdivison proposed to show how the applicant would have to mitigate the concern of parking if the new language were to be approved. Commissioner Adam Jacobson MOVED to recommend approval of the item to city council with additional language for on and off street parking and roadways. For all private roadway cross sections the developer shall show either on street parking or additional parking to mitigate the.25 parking spaces per unit. Public roads would not be obligated to meet the requirement. Commissioner Wade Thompson SECONDED the motion.

18 March 2, 2017 ~ Planning Commission Minutes Page 18 of 18 None Chair Smith noted that there would be a combined work meeting on March 30 th around 5:00pm. Chair Smith called for a motion to adjourn. Commissioner Adam Jacobson MOVED to adjourn the meeting. All voted yes and the motion passed unanimously. The meeting adjourned at 8:40:45 PM. I, Cindy Quick, Deputy Recorder of Herriman City, hereby certify that the foregoing minutes represent a true, accurate and complete record of the meeting held on March 2, This document constitutes the official minutes for the Herriman City Planning Commission Meeting.