PUBLIC HEARING NOTICE South Weber City, Utah

PUBLIC HEARING NOTICE South Weber City, Utah Notice is hereby given on Tuesday, August 14, 2012, in the South Weber City Council Chambers, 1600 E South Weber Dr, South Weber, Davis County, Utah, a public hearing will be held before the City Council at 6:25 pm for consideration of Amendment to Kap Subdivision, Parcel s #13-284-0001 through 13-284-0006, Layne Kap Applicant; and at 6:35 pm Final Plat: Easton Village Subdivision Phase One, located at approx. 1160 E. Lester Drive, Layne Kap, Calvin Kap & Keith Kap Developers. The public is invited to attend. A copy of the associated information is on file for review at the South Weber City Office, 1600 E. South Weber Drive, 801-479-3177, or on the City s website at www.southwebercity.com under Government/Public Notices. In compliance with the Americans with Disabilities Act, individuals needing special accommodation during this public hearing should notify the City Recorder at 801-479-3177. ERIKA AHLSTROM CITY RECORDER, SOUTH WEBER CITY

SOUTH WEBER PLANNING COMMISSION MEETING DATE OF MEETING: 26 June 2012 TIME COMMENCED: 6:36 p.m. PRESENT: COMMISSIONERS: Delene Hyde Tim Grubb Mark Perkins (excused) Rod Westbroek Rorie Stott (excused) CITY PLANNER: DEPUTY RECORDER: TRANSCRIBER: Scott Hess (excused) Emily Thomas Michelle Clark A WORK MEETING WAS HELD PRIOR TO THE SPECIAL PLANNING COMMISSION MEETING AT 6:00 P.M. TO DISCUSS AGENDA ITEMS, CORRESPONDENCE, AND/OR FUTURE AGENDA ITEMS VISITORS: Travis Argyle, Marino Toulatos, Steve Knight, Tyler Nelson, Natalie Dayton, Lyle Jorgensen, Barbara Kap, Joe & Lilian DeLong, Keith Kap, Suzanne Mitchell, Calvin Kap, Jeff Clifford, Beata Clifford, Bert Sheffer, Shari Tracy, Ivan Ray, Lynn Poll, Jeremy Brookings, and Layne Kap. DECLARATION OF CONFLICT OF INTEREST: The Planning Commission did not report any conflict of interest. Commissioner Hyde excused City Planner, Scott Hess and Commissioners Perkins and Stott from tonight s meeting. APPROVAL OF THE AGENDA: Commissioner Grubb moved to approve tonight s agenda as written. Commissioner Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. APPROVAL OF 24 MAY 2012 MEETING MINUTES: Commissioner Grubb moved to table the minutes of 24 May 2012. Commissioner Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. Discuss proposed project and provide direction regarding use of detached residential in the Commercial Overlay (CO) zone, per City Code 10-5N-6D Development Components Jeff & Beata Clifford were granted a rezone to the Commercial Overlay (CO) zone for parcel #13-033-0093. This three (3) acre parcel is located at approximately South Weber Drive and

South Weber Planning Commission Meeting 28 June 2012 Page 2 of 8 2100 East. The proposed concept is still in the initial stages of development and proposes mixed-use, commercial, and a detached residential complex of townhomes/condos. Emily Thomas stated as per City Code, 10-5N-6D Development Components, the Planning Commission needs to provide direction regarding the use of detached residential in the Commercial Overlay (CO) zone. Commissioner Grubb would recommend maintaining the CO Zone over the whole area and move forward with that. Commissioner Westbroek moved to open the public hearing for Rezone Application #2012-02. Commissioner Grubb seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING * * * * * * * * * * * Rezone Application #2012-02, Parcel to Rezone #13-030-0084, located at approx. 1550 East and 7400 South. Application to rezone from current Commercial (C) to Residential High (RH). Property Owner Kay Martinez, Authorized Agent Marino Toulatos Ryan Hales identified where the property is located. He requested changing the zone from Commercial to Residential-High on property located at 1600 E. Sandalwood Drive. He then discussed the projected land use map for South Weber City. He stated UDOT has classified South Weber Drive as a category five roadway. Mr. Hales stated they will try to keep the residential inside the residential corridor area. He then identified the access. Commissioner Hyde asked for public comment. Jeremy Brookings????????? 1550 E., asked who owns Sandalwood Drive? Commissioner Grubb stated it is part of the Planned Unit Development. Mr. Brookings stated there are issues surrounding that road and to allow another access for that road, he feels would be silly. Bert Sheffer, 1577 E. Sandalwood Rd., stated he represents an HOA and he reiterated that the road issue is a problem. He feels to add more volume to the area would cause stress. He stated there are also conflicts with the common areas. Ivan Ray, 7268 S. 1600 E., owns the property north of this property as well as the corner resident. He asked if there is suppose to be a buffer in between commercial and residential. He stated he is still trying to sale the store. He would suggest a fence in between a residential and commercial zone. Commissioner Grubb stated city ordinance requires a buffer of fencing, landscaping etc. He stated any commercial development would have to install that buffer. Mr. Ray asked who would be responsible to install the buffer? Commissioner Grubb stated that item would be discussed further along in the development with this being a rezone request tonight. Marino Toulatos, representing Kay Martinez, stated he is a realtor. He isn t sure the traffic numbers are high enough to support commercial development. He asked if anyone has ever thought about what type of business would work in that area. He stated the road is a sore spot.

South Weber Planning Commission Meeting 28 June 2012 Page 3 of 8 Bert Sheffer, 1577 E. Sandalwood Road, is concerned about high residential. He feels single family homes would be a better fit for that area. Commissioner Grubb moved to close the public hearing for Rezone Application #2012-02. Commissioner Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * * Commissioner Hyde stated this area has been zoned commercial for many years, and the general plan has stayed consistent with the vision to provide neighborhood level commercial in this area. Discussion took place regarding why the developer of Sandalwood didn t include that parcel in the original development of the PUD. Ivan Ray stated originally there was five acres included in the commercial zone. Mr. Hales stated the general plan calls for the long range plan of that parcel to be residential according to the land use map. Commissioner Grubb discussed the small strip and stated it doesn t necessarily need to be residential, but the larger parcel could work as residential. He questions whether or not it should be high density because the projected use is moderate density, which is 2.6 units per acre. Commissioner Hyde stated at this point they don t have enough acreage for the high density rezone. Commissioner Grubb moved to deny Rezone Application #2012-02 based on they don t meet the minimum acreage for residential high that is requested and there are questions as to whether there is enough acreage available. He isn t sure he sees residential high as part of the master plan. Commissioner Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. Commissioner Westbroek moved to open the public hearing to amend the 6 lot Kap Subdivision located at approx. 1160 East and Lester Street. Commissioner Grubb seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING * * * * * * * * * * * Application to Amend the 6 Lot Kap Subdivision located approx. 1160 East and Lester Street, Parcels #13-284-0001 through 13-284-0006, Applicant Layne Kap: Nate Reeve, representing the Kap Subdivision, stated the original basin is being taken off and a regional detention basin is being installed in Easton Village Subdivision. Layne Kap stated it changes the shape of the pond and allows for the detention basin to be more useable. Suzanne Mitchell, 7494 S. 1025 E., stated my husband, father and mother addressed a letter to the city and received a letter back stating the city could not become involved. She has a problem with the configuration of the road because the road on the plat doesn t meet up with the straight road that was originally approved with her development in April 1998. She stated in order to get a building permit it was contingent upon her deeding her property for the road. She is also concerned about the west boundary line being 8 ft. on her property line. She stated they have hired their own surveyor to conduct a survey for the property line. Commissioner Grubb moved to close the public hearing to amend the 6 Lot Kap Subdivision located at approximately 1160 East and Lester Street. Commissioner

South Weber Planning Commission Meeting 28 June 2012 Page 4 of 8 Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * * Commissioner Grubb moved to amend the 6 Lot Kap Subdivision located at approximately 1160 East and Lester Street for parcels #13-284-001 through #13-284-0006 for Layne Kap subject to the City Engineer s letter of June 20, 2012 and items 2-4 be addressed before going on the City Council agenda. Commissioner Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. Preliminary Plat of the Easton Village Subdivision, located at approx. 1160 East Lester Drive; Developers Layne Kap, Calvin Kap, & Keith Kap *A public hearing was held April 26, 2012: Dean Ayala, of Jones & Associates, stated Brandon Jones did the review for this application. He then reviewed Brandon s letter of June 20, 2012. He stated addresses need to be assigned and put on the plat. Emily Thomas stated at the May 24, 2012 meeting recommendation for approval was for the entire subdivision without phases. Because the developer has decided to phase the project, the preliminary plan must be approved with phase lines shown. The revised plat submitted shows potential phasing, but needs to add items listed in the June 20, 2012 City Engineer Memo in order to have a correct version on file with the City in preparation for any future development phase. Nate Reeve stated they are in agreement with Brandon Jones comments. He stated they met with city staff and have addressed all items on Brandon s letter of May 17, 2012. Lyle Jorgensen, 7420 S. 1025 E., questioned how this can be approved when there is a dispute with the property boundary lines. Nate stated this is a civil issue that will need to be worked out as we go through this process. Suzanne asked when is the fence installed? Nate stated before occupancy. Suzanne asked when is the road going to be addressed? Commissioner Grubb stated the changing of the stub should have been addressed with the owner. He stated there is a recorded easement. Nate stated it is his understanding that Suzanne was forced to put in that road arbitrarily. He then identified possibilities for the Mitchells to move the right-of-way. Suzanne stated she is not interested in that. Commissioner Grubb stated the city engineer has recommended changing the configuration of that road. Ivan Ray, representing Davis/Weber Canal Company, stated they will be providing secondary water for this subdivision. He stated the home owner s will be responsible to install a booster pump if necessary. Mr. Jorgensen asked if fencing will be installed along his property. Layne stated a 6 ft. fence has to be installed before any occupancy. Natalie Dayton, 7325 S. 1550 E., asked about a second access. She stated there are children going to the elementary school etc. Commissioner Grubb stated the developer can not move to

South Weber Planning Commission Meeting 28 June 2012 Page 5 of 8 Phase 2 without the second access going in. Emily stated that requirement goes with the property. Commissioner Grubb moved to approve the Preliminary Plat of the Easton Village Subdivision, located at approx. 1160 East Lester Drive; Developers Layne Kap, Calvin Kap, & Keith Kap subject to City Engineer s Memo dated June 20, 2012, item number 1 and adding the phase lines. Commissioner Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. Final Plat of the Easton Village Subdivision Phase One, located at approx. 1160 East Lester Drive; Developers Layne Kap, Calvin Kap, & Keith Kap: Nate Reeve stated they have addressed all items in the City Engineer s letter of June 20, 2012. Commissioner Hyde thanked the developer for all the work done on Lester and getting the second access. Commissioner Grubb stated the city is looking at the deed line on the current plat. He stated if the Mitchells have a dispute with the deed line, then it is the property owner s responsibility. Suzanne stated she disputes the location of the property line. Commissioner Grubb moved to recommend approval of the Final Plat of the Easton Village Subdivision, located at approx. 1160 East Lester Drive; Developers Layne Kap, Calvin Kap, & Keith Kap subject to the following: 1. City Engineer s letter of June 20, 2012 items 5-26. 2. Change item 8 of City Engineer s letter of June 20, 2012 from may to is recorded on the plat. 3. Fencing to be installed along the entire west side of Easton Village Subdivision Phase One. All items are to be completed prior to being placed on the City Council agenda. Commissioner Westbroek seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. ADJOURN: Commissioner Westbroek moved to adjourn the Planning Commission meeting at 8:00 p.m. Commissioner Grubb seconded the motion. Commissioners Grubb, Hyde, and Westbroek voted yes. The motion carried. APPROVED: Date Chairperson, Delene Hyde Attest: Deputy Recorder: Emily A. Thomas Transcriber: Michelle Clark

South Weber Planning Commission Meeting 28 June 2012 Page 6 of 8 Time: Work meeting began at 6:05 p.m. Planning Commission Work Meeting June 28, 2012 Attendance: Commissioners Hyde, Westbroek, and Grubb, Deputy Recorder Emily Thomas, City Engineer Dean Ayala Visitors: Nate Reeve, Layne Kap, Keith Kap, Travis Argyle, Ryan Hales Discuss proposed project and provide direction regarding use of detached residential in the Commercial Overlay (CO) zone, per City Code 10-5N-6D Development Components Commissioner Grubb reminded the Commission that originally he had suggested they request two separate zones split the property and ask for Commercial Overlay on the front piece and then Residential High on the rear piece. With the Residential High zone, they could come in with 13 units per acre. The development across the street didn t use all of the Residential High allowed acres. This would be a good transition. Emily stated that the Commercial Overlay zone allows for a residential component. Tonight s recommendation is in regards to whether or not the developer can do separate horizontal residential. City Code requires the Planning Commission to approve this and the developer does not want to begin work on the project until they are given a yes or no. Commissioner Grubb stated that we are trying to promote commercial and residential. This proposal fits within the new Commercial Overlay zone. Rezone Application #2012-02, Parcel to Rezone #13-030-0084, located at approx. 1550 East and 7400 South. Application to rezone from current Commercial (C) to Residential High (RH). Property Owner Kay Martinez, Authorized Agent Marino Toulatos Commissioner Grubb explained where the property is located and stated there needs to be a transition between Sandalwood Cove and a commercial development. He added that the master plan and staff recommend this to remain zoned Commercial; however, he doesn t feel as those the lines set are hard and fast lines. It is odd to have a commercial development on the road that goes through Sandalwood Cove. Commissioner Westbroek agreed. Commissioner Grubb stated that we do need core commercial with Rays Store, but how much do we need? Commissioner Hyde stated we need all of it. Commissioner Grubb asked how we transition from commercial to residential. Commissioner Hyde asked what the Master Plan shows. Commissioner Grubb stated that it shows commercial; however, we didn t define an exact line. Commissioner Westrbroek stated they are requesting Residential High zoning. Commissioner Hyde expressed concern about again reducing the available commercial property. When there are only smaller pieces, it is not as attractive for developers. Commissioner Westbroek asked about ease of access for a commercial development and expressed concern that it is not on a main road. Commissioner Hyde stated that if this property and the Rays property were combined, the access would be South Weber Drive. Commissioner Grubb stated that it is a disserve to have commercial property that fronts Sandalwood Drive. He doesn t want to give up commercial property, but the

South Weber Planning Commission Meeting 28 June 2012 Page 7 of 8 commercial should be in a residential neighborhood. Application to Amend the 6 Lot Kap Subdivision located approx. 1160 East and Lester Street, Parcels #13-284-0001 through 13-284-0006, Applicant Layne Kap Commissioner Hyde asked how this development was being amended. They will be removing the detention basin from this development and placing it entirely with the new Easton Village subdivision. There are no changes to the lot lines. Commissioner Hyde asked about the comments from the June 20, 2012 City Engineer Memo. Nate Reeve stated they have no problems with these comments and have taken the initiative and have already addressed them. Preliminary Plat of the Easton Village Subdivision, located at approx. 1160 East Lester Drive; Developers Layne Kap, Calvin Kap, & Keith Kap *A public hearing was held April 26, 2012 Commissioner Grubb asked why we are now changing this development to phases. Layne Kap stated they had planned to phase the project all along, but neglected to show phase lines on the plan. The economy doesn t allow for the entire project to be done at once. Commissioner Hyde stated that all of the comments from the City Engineer s Memo dated June 20, 2012 will be addressed in the regular meeting. City Engineer Dean Ayala stated there is a long list, but it is mostly things to ensure the project is complete before moving to the next step such as annotating things on the plans, correcting detention basin sizing/slope, and finalizing the development agreement. Nate Reeve stated they agreed with all of the comments and have implemented those on their revised plans. Layne expressed concern with not hearing back from the Fire Chief. Emily stated they will work with the City Manager to get this issue resolved. Commissioner Hyde inquired about Lester Drive going through. Layne stated they have met with the Delong family. They are willing to sale their house; however, they are leaving for China in September. For the protection of everyone, it was agreed upon that the road issue should not be resolved overnight. This is why there is a development agreement that has been drafted. Layne added that he has also been working with the Jorgenson family. They believe there is a boundary line issue. Nate stated that this is not a title issue it is an occupation issue. The fence is in the wrong location. It is so rare that we have boundary lines that actually line up. We have worked with them and have even had the property staked. They are choosing to get a second opinion and have another survey done. As of yesterday, this has not been done. Commissioner Grubb asked where the west boundary line was based off of. Nate replied that is was all completed off of deed information. As you can tell there is extra area inside of phase one if we have to move to fence we still comply with city standard. It is a civil issue. There are four deeds that line up in the correct location. Nate added that they are also working with the City Engineer to find the best roadway alignment for the continuation of Lester Drive. Commissioner Hyde thanked them for the work they had done.

South Weber Planning Commission Meeting 28 June 2012 Page 8 of 8 The work meeting adjourned at 6:31 pm. Work meeting minutes transcribed by Deputy Recorder Emily Thomas.