WOODS CROSS PLANNING COMMISSION MEETING JULY 25, 2018

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1 The minutes of the Woods Cross City Planning Commission meeting held July 25, 2018 at 6:30 P.M. in the Woods Cross City Hall located at 1555 South 800 West, Woods Cross, Utah. PLANNING COMMISSION MEMBERS PRESENT: Leo Beecher, Chairman Jennifer Bassarear Dan Bradford Eric Jones Ryan Larsen Curtis Poole Gary Sharp STAFF PRESENT: Tim Stephen, Community Development Director Bonnie Craig, Secretary Matt Terry, City Council Member VISITORS: LeGrande Blackley Michael Chapman Darin Widerburg Dalene Widerburg Kisty Kratzer Ed Smith Catherine Sparks Anne Blankenship Cindy Clark Ray Van Uitert Karen Van Uitert Carolyn Leeper LeeAnn Cleverly Becky Schooley Linda Dennis Stan Dennis Mary Sue Bishop Charles Beasley Taylor Spendlove Lew Ison Betsy Ison Richard Birdsall Haylee Gunnerson Darin Gunnerson Tim Bothell Hall Blankenship PLEDGE OF ALLEGIANCE: Leo Beecher APPROVAL OF MINUTES Chairman Beecher then called for the approval of minutes for the Planning Commission meeting held July 10, Commissioner Bassarear made a motion to approve the minutes as written with Commissioner Poole seconding the motion and the motion carried. OPEN SESSION Chairman Beecher then opened the meeting to items from those present that they would like to bring before the Planning Commission. There were no items for the open session and Chairman Beecher closed the open session.

2 PAGE 2 PUBLIC HEARING: CROSSROADS TOWNHOUSES CONDITIONAL USE 540 WEST 1950 SOUTH BRIAN KNOWLTON/JOHN HEPWORTH Mr. Tim Stephens, the Community Development Director, introduced this agenda item to the Planning Commission. He noted that the applicant s for this project are proposing a concept plan involving townhomes and larger apartment buildings. He said the staff had advised them that the property was presently zoned S-1 Special Use which permitted one-family and two-family dwellings and condominiums. Mr. Brian Knowlton has submitted a conditional use application for approximately 20 townhomes/condominiums on the north side of 1950 South adjacent to the existing single-family neighborhood. Mr. Knowlton is aware the general plan for the city is presently being updated but the present S-1 Zone would permit the approval of townhomes. Given to the Commission is the concept plans for this project. Mr. Stephens also noted as part of the development of this area, parking will be an issue and it will need to be addressed. He said the AutoSource used car dealership has been lining both sides of the street with vehicles resulting in numerous complaints from those that use 1950 South Street. He noted this issue will have to be looked into and resolved prior to a final site plan approval for this project. Chairman Beecher then reminded the Commission they had reviewed this item at their last meeting and asked the Commission if they had any new thoughts for discussion. There were no comments from the Commission. Chairman Beecher then reminded those present that by state law as it relates to conditional uses, it says: 1. A conditional use permit shall be approved if reasonable conditions are imposed or can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. 2. If the anticipated detrimental effects of a proposed use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Chairman Beecher went on to say that he would welcome the public s help tonight to define problems or conditions for the conditional use that would be beneficial in working out issues for the best benefit of the neighborhood. Chairman Beecher then opened the public hearing. Ms. LeAnn Cleverly first addressed the Commission and asked if this project would be townhomes or condominiums. She said she did not understand the difference between the two. Mr. Stephens said condominiums can be applied to a multi-use project and can be owned. He said a townhome is a type of building. He said condominiums can be subdivided and is personal

3 PAGE 3 ownership of a building. He noted that office buildings can also be built and sold in a condominium format. Ms. Cleverly said they do not want this project to be rental units. Mr. Stephens said that as this project is presented, these are townhomes and they will need to meet the condominium plat requirements but they could possibly be sold or leased. Ms. Cleverly asked if it was just this one piece of property that was being considered to be built on in the area. Mr. Stephens said the application covers the one piece of property shown to the public on the map and does not include any other portions of property in the area. Ms. Cleverly also said she had concerns about subsidence being a problem in the area. Mr. Stephens said the city is requiring additional geologic investigations and the whole soil strata will need to be looked at. Ms. Cleverly asked if this would affect the proposed subdivision. Mr. Stephens said the water level has dropped in certain areas in the city because of various reasons, one of which is drought, and there are layers of soil collapsing because of no water support but the geotech study will find what the soil looks like in this area. Ms. Cleverly asked if there could be anything done about the parking problems in the area. Mr. Stephens said that parking is definitely something that will need to be addressed and discussed. He said the police department has been asked to do some parking studies and the parking issue is something that has to be resolved before things can move forward. Ms. Cleverly said there have been long haul trucks parked on this street which causes issues and when these trucks are parked on the street there is only enough room for a one lane road. Mr. Stephens said they will be looking into this matter. Ms. Angela Warner living at 533 West 1880 South then addressed the Commission. She said that besides the AutoSource parking problem, the Hills at Renaissance apartment complex also has no more parking and they are parking on the streets causing more parking problems for her neighborhood. She said the police have to come and remove cars because cars are parking in No Parking areas.

4 PAGE 4 Mr. Stephens said the city is aware of this parking problem and it is worse than they had anticipated when the project was proposed because people are renting the units to roommates causing more cars to fill the lots than would be filled with a family living in the units. Ms. Warner said she is very concerned about another parking problem being added to the already bad parking problem. Mr. Stephens said this project will have to meet all parking standards on its site. Ms. Warner also asked how tall the units would be. She said she was concerned it will go up to three stories. The Commission said they felt like there would not be much of a chance these units would go up to three stories tall. Ms. Warner also asked what the time frame for the project would be and Mr. Stephens said it depends on the developer. He said he thought it could be anywhere from one month to four months depending on what changes or corrections need to be made to the project. Ms. Warner thanked the Commission for their time. Commissioner Bassarear noted that parking is a great concern to everyone on the Planning Commission. Mr. Larry Widerburg then addressed the Commission. He said he had several concerns. He also mentioned the parking problems with the AutoSource car dealership and the loading and unloading of cars off the large trailers. He also said it closes the street down to one lane when they are unloading these large trailers. He also said traffic is very heavy coming from the high school. Chairman Beecher asked if parking is bad all of the time and everyone in the audience replied yes that it was bad all of the time. Mr. Widerburg said he has concerns about the wall that separates the neighborhood from this property. He said the wall is very old and keeps having issues with pieces of the panels falling off. He also said there is a large storm drain that goes the whole length of the property. He said the neighborhood had tried to change the zoning for this area a few years ago but it did not happen. He also said he is concerned about the size of the project going in. He said once school is back in session you won t be able to move on the road because of the parking and traffic. Ms. Cindy Clark addressed the Commission and said she had come into the city offices and had spoken with Mr. Stephens for about an hour about her concerns. She said she really appreciated him taking the time to speak with her. She said as all of the undeveloped property in the surrounding area develops there will continue to be more parking problems. She said that since the Black Bear Diner opened there is more traffic and more parking on the road. She said there

5 PAGE 5 needs to be a better road plan if all of the property is developed because as it is now, there is only one lane on the road to get through the area with the parking problems. Chairman Beecher said the police department is looking into the parking problems and they are going to see what they can do to help clean up the problem. Ms. Clark continued and said parking is always bad when the high school has large functions and wanted to know what the long term traffic plan would be. She said she is also concerned with parking problems at the Hills at Renaissance apartments as they spill over into the neighborhood as well. Mr. Stephens explained that the city has looked into putting a light at the intersection on Highway 89 and 1880 South but UDOT has jurisdiction over that road. He went on to say that UDOT has certain criteria that has to be met with separation between intersections as well as separation requirements between the intersection and the Bamberger Bridge which is also located nearby. Ms. Clark also noted there is no landscaping on the west side of that apartment complex and Mr. Stephens noted there had been property ownership questions between UDOT and the developer that had been in question for quite some time. He said those questions have been resolved and UDOT is contemplating putting in a right turn lane at the intersection and utilizing some of that property so they have not moved forward with landscaping to this point. He said he is hoping that things will move forward in a timelier manner now that the property line dispute has been resolved. Ms. Clark also said she has concerns that even after everything has been discussed and looked at and decisions made, some things can come up after the fact like the parking problems that were not anticipated at the Hills at Renaissance apartments or the property line dispute. Chairman Beecher said the Commission is very sensitive to parking issues within the city and they can try to make things as good as possible for the residents living nearby these new developments, but they do have to follow the law. Ms. Clark thanked the Commission for their time. Mr. Ed Smith living at 557 West 1880 South said traffic is crazy near his home. He said at certain times of the day you are unable to cross Highway 89. He also said if dumpsters were located near his home it could cause noise problems. He said he would like to see a nice city park located on this property. He said there are no nice parks on the east side of the city. The question was asked what sort of park was going to be put in where the detention basin for the city is located.

6 PAGE 6 Mr. Stephens said they are hoping to put some sort of mini-park in this area but are limited by engineering requirements of what can go in at this location. He said the proposed development would have green space that would tie into the detention basin area. Mr. Smith said he is concerned about the height of the buildings and said Woods Cross City is more of a rural area and he did not want to see a bunch of large buildings going in to make it look more like Salt Lake. Mr. Stephens said the city could work with the applicant on the project to make sure it fits in with the feel of the city. He said this zone gives the Planning Commission a little more leeway and flexibility so they can look at more possibilities. Mr. Smith asked if this proposed project would be similar to the project located near the railroad tracks. Mr. Stephens said it could be similar to the condos and cottage homes but this is a unique zone and mix of other uses could also be considered. Commissioner Bradford left the meeting at this point. Ms. Haylee Gunnerson living at 553 West 1880 South then addressed the Commission. She said she also had concerns over the parking but also had concerns over lighting. Mr. Stephens said there are lighting requirements and the city asks for a photo metric lighting plan with fixtures that will be shielded which is a requirement. Commissioner Bassarear noted that AutoSource had been required to shield their lights because of its proximity to the neighborhood. It was noted that most of the shields on the lights at AutoSource were gone because of wind and weather so they were no longer being shielded. Mr. Stephens and the Commission said they felt like AutoSource needed to come back in for a review of their business as it did not sound like they were adhering to the conditions they had agreed to regarding their parking and lighting. Ms. Gunnerson said she can still see light coming into her home through her blinds even when they are shut because there is so much light coming from the car dealership so she is concerned about adding more lighting in the area. Ms. Gunnerson asked how quickly they would know when the project was approved and would be moving ahead. Mr. Stephens said they could look on the website or they could call him anytime for an update. Ms. Katherine Sparks asked if 580 West would be considered to use as a through street. Mr. Stephens said the city owns the property and there are no plans to make it a through street.

7 PAGE 7 Ms. Mary Sue Bishop said she wanted to know if the units would be for sale or for rent. She said she did not want to have the units for rent. Mr. Stephens said he might have to review this with the city attorney to see what is allowed by the developer to keep ownership. Ms. Bishop said she did not want any more rentals in the area. Ms. Karen Van Uitert then spoke and said she is having a problem with dumpsters near her home being dumped in the early morning hours. The Commission encouraged Ms. Van Uitert to contact the business who is using the dumpster and ask them to change their pick up time to a later time so it would not be so early in the morning. Ms. Van Uitert also said she hates the heights of the Hills at Renaissance Apartments and does not want any more large buildings in the area. She said she is boxed in by rentals after living in her home for 49 years. She also said please no more rentals. She also expressed concerns over being able to look into the condominiums or they being able to see into her home. Mr. Darin Warren said he had just invested a lot of money in remodeling his home and he is very concerned about low income housing coming in. He also said he is frustrated with the really old fence and parking problems. He said he is surprised there have been no fatalities so far. He said he has lost a lot of equity in his home since the sign went up that this project was being proposed. He went on to say that the fence is so old and goes the length of the property and really needs to be repaired or updated. Ms. Anne Blankenship then addressed the Commission and said she has lived in her home since She said there is a large storm drain in the long strip of green area the proposed project is showing on their plans. She said the drain had to be put in some years ago to help meter water that was running off from Bountiful City. She said the wall that has been talked about runs with the property and is to be kept up and maintained. She said the panels are available to purchase so they can be replaced. She also said some of the parking on the east/west roads will be eased when the construction at the school is completed. She said as far as the car dealership is concerned, it has 2-3 loads a day delivered and they block the road as the broken cars are being taken off the trucks. She said that car dealerships should have onsite parking to accommodate all of their cars and their deliveries and employees. She said if she still had what she wanted this property would still be an agricultural zone. She said they can all only deal with what they can control. She said she did not think that 2 parking stalls per unit would be enough parking because there will be more cars than there will be parking available. She also said maybe they can control what goes on in the drainage strip of the property. Mr. Bob Bishop also said he agreed with Ms. Blankenship and the car dealership employees and the school student s park on the east/west road making it hard to get through. He also said there is much more traffic on the frontage road since the new Smith s grocery store has gone in. He said there are also still parking issues on the frontage road. He said there are no parking signs on the west side of the frontage road but there is no enforcement of it. He also said if cars are parked on that road it goes down to a single lane road.

8 PAGE 8 Mr. Richard Birdsall living at 1914 South 525 West said traffic is so bad when school is in and it gets very congested. He said that on 1950 South there have been 3 semi-trucks that have parked there and then they walk to the apartments. He also said Lawn Butler trucks and a dump truck have also parked across the street from the apartments. He also said he does not believe the people who will live in the condos will only have 2 cars. Ms. Cleverly suggested having only three units instead of five to help mitigate some of the parking and traffic problems. Mr. Stephens said the applicant will have to prove they can accommodate them and provide adequate parking. Mr. Birdsall said that AutoSource is an untitled dealership so they take wrecked cars and rebuild them. He said that is why there is oil on the streets and why they have to unload the cars off of the trucks because they are not driveable. He said it also takes a lot of employees to work on the cars and that is why they have so many employees parking on the street. There were no further comments for the public hearing and Chairman Beecher closed the public hearing. The Commission had a discussion on what they would like to do at this point. It was noted that they would like to see what the traffic studies look like. It was also mentioned that they would like to have AutoSource come in and discuss why they are not abiding by the conditional uses that had been given to them. It was also noted that it was not fair to the owner that is proposing the project in question to not be given the chance to develop his property because of the bad parking and traffic problems caused by other developments and businesses. It was also noted that the school contributes to the parking problems and it might be a good idea to get in contact with them to see what they can do to help ease some of the parking problems. It was also noted that it would be a good idea for the applicant to submit a parking plan so it can be looked at and understood. The Commission also asked what could be done about height and density. Mr. Stephens said he would have to check with the City Attorney about that. Mr. Stephens said this zone is quite unique so this project will need to be reviewed because it does allow more flexibility. He said this is one of the reasons they continue to look at redoing the zoning ordinances. Chairman Beecher said that all comments made at tonight s meeting will be taken into consideration and they will do their best to put conditions on the project that will help mitigate the concerns of the neighborhood. Following the comments and discussion, Commissioner Poole made a motion to table this item until staff, the police department and the city attorney look into the matters discussed and receive

9 PAGE 9 concerns and to have Mr. Knowlton present to discuss the project. Commissioner Bassarear seconded the motion and the motion carried. At 8:07 P.M. Chairman Beecher called for a short break. At 8:14 P.M. Chairman Beecher resumed the meeting. OLDE TOWNE CENTRE SITE PLAN AMENDMENT 1942 SOUTH 800 WEST SHARMAN SMOOT Mr. Stephens then reviewed this item with the Commission. He noted that at the last Planning Commission meeting the Commission reviewed and recommended to the City Council approval of the Olde Towne Centre site plan amendment to add nine additional parking stalls to the residential component of the mixed-use project. These nine stalls were spread around the project usually at the end of the garage parking isles. At that time, it was understood by staff and the development review committee, in our meetings with the developer and his people, that these nine stalls were being requested to alleviate parking concerns and provide additional spaces to the parking situation. At that time, as with the previous approvals of the site plan and the condominium subdivision plat, 11 parking stalls in the existing commercial parking lot were reserved for the use and convenience of the residential component. Mr. Stephens noted that the developer had recently met with staff and stated they would like to change the parking language and relocate many of the 11 previously approved residential stalls in the existing commercial parking lot and use the nine proposed stalls for this purpose. It was noted that staff, Planning Commission and City Council would be concerned with the new proposal. Mr. Smoot then returned with a new proposal to leave the previously approved 11 residential parking stalls dedicated in the existing commercial parking lot but would like to limit their use from 5:00 P.M. to 7:00 A.M. Mr. Smoot said residential parking would be highest in the evening and commercial parking would be highest in the daytime so this was a better plan for both the residential parking and for the commercial building. Mr. Sharman Smoot came before the Commission. Chairman Beecher said he thought they had previously approved parking changes at their last meeting with what Mr. Smoot had requested by adding 9 new stalls. Chairman Beecher said he was very surprised the Commission was looking at this again. Mr. Smoot said that he was hopeful that the Commission could see he and his partners had worked hard over the last three years to listen to the concerns of the city and the citizens and they had been willing to make changes to this project so it could be the best project it could be. He said he felt like this present parking plan was the best solution to the parking concerns for everyone. Mr. Stephens said that one added benefit with this type of shared arrangement is it does benefit the commercial component. He said it really does increase the parking possibilities for the commercial building during the day but also helps the residential component in the evening.

10 PAGE 10 Mr. Smoot said he thought there was a lack of communication in getting this plan in front of everyone but he said he thought it was worth the effort for a better residential and commercial parking plan. The Commission asked who would be monitoring or ticketing the cars who were not parking in the right places. Mr. Smoot said he really did not anticipate any problems. He said if it does become an issue it will be enforced. Mr. Smoot said there would be ample parking and that another unit similar to this one that was located in Bountiful did not even utilize 50% of its parking spaces. Commissioner Jones said the additional 9 stalls would be good for the project. Commissioner Bassarear did point out that it did remove green space. She also said she had concerns over where snow would be put during the winter. Mr. Smoot said some of the parking spaces would have to be used for the placement of snow during the winter. Following the discussion, Commissioner Sharp made a motion to forward to the City Council the Planning Commission s recommendation for approval of the Olde Towne Centre Site Plan Amendment to add 9 additional parking stalls and to amend the language for the 11 cross parking stalls to be marked as residential use from 5:00 P. M. to 7:00 A.M. and that language be placed in the subdivision plat, site plan, and development agreement. Commissioner Larsen seconded the motion and all voted for the motion except Commissioner Bassarear who abstained and the motion carried. OLDE TOWNE CENTRE DEVELOPMENT AGREEMENT REVIEW AND RECOMMENDATION Mr. Stephens then said he apologized for the short notice of getting the copy of the development agreement to the Commission. He noted there were some IT problems as well as the city attorney having a family emergency. He noted the Commission had been given a clean copy as well as a redlined copy. He also noted there would need to be a few modifications on the drawings because of the amended site plan. The Commission discussed whether they might need more time to review the Development Agreement. They determined that with the information given by Mr. Stephens they felt comfortable in going ahead and recommending it for approval as long as the changes to the site plan amendment were noted on the drawings. Following the information given to the Commission by Mr. Stephens, Commissioner Jones made a motion to forward to the City Council the Planning Commission s recommendation to approve the Development Agreement with the provision that the staff update all revisions of the site plan.

11 PAGE 11 Commissioner Larsen seconded the motion and all voted for the motion except for Commissioner Bassarear who abstained and the motion carried. CITY COUNCIL REPORT Council Member Terry reported on the City Council meeting held July 17, Please see the minutes of that meeting for the details of his report. GENERAL AND PENDING The Commission commented on how pleased they were with the comments given during the public hearing at the meeting. They said they felt like there were good comments and the public delivered them in a very good manner. It was noted that the Commission would like to have discussion with AutoSource and the problems the neighbors are having with lighting and parking. It was also noted the city s website will hopefully updated soon. ADJOURNMENT There being no further business before the Commission, Commissioner Jones made a motion to adjourn the meeting at 9:00 P.M. Leo Beecher, Chairman Bonnie S. Craig, Secretary

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