Planning Commission

10000 Centennial Parkway Sandy City, Utah Sandy, UT 84070 Phone: 801-568-7256 Meeting Minutes Planning Commission Joe Baker Dave Bromley Monica Collard Ron Mortimer Cyndi Sharkey Cory Shupe Jamie Tsandes Michael Christopherson (Alternate) Jeff Lovell (Alternate) Thursday, May 17, 2018 6:15 PM Council Chambers 1. 18-179 Planning Commission Tour for May 17, 2018 5:15 PM EXECUTIVE SESSION Planning Commission Training 6:15 PM REGULAR SESSION Roll Call Staff: James Sorensen, Community Development Director; Brian McCuistion, Planning Director; Mitch Vance, Planner; Mike Wilcox, Zoning Administrator; Wade Sanner, Planner; Ryan Kump, City Engineer; Darien Alcorn, Sr. City Attorney; Robert DeKorver, Fire Marshal; Matt Huish, CAO; Raima Fleming, Planning Secretary Present 8- Commissioner Joe Baker Commissioner Dave Bromley Commissioner Monica Collard Commissioner Cyndi Sharkey Commissioner Jamie Tsandes Commissioner Cory Shupe Commissioner Jeff Lovell Commissioner Ron Mortimer Absent 1- Commissioner Michael Christopherson Welcome Pledge of Allegiance Introductions Public Hearings Sandy City, Utah Page 1 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 2. CUP-05-18-5 Wen Juan Accessory Apartment 386 410 E. 8800 S. Historic Sandy, Community #4 Wade Sanner introduced this item to the Planning Commission. Wen Juan Mao, Applicant, (Heather translated for the applicant), stated she would like to rent her basement for extra income. Wade Sanner read an email from a neighbor who was in opposition of the proposed item. The Chair opened and closed this item to public comment. Commissioner Cory Shupe stated he travels 8800 South every morning and has never seen any traffic issues. Commissioner Cyndi Sharkey asked if cars would be parked in the garage since the picture of the garage in the staff report shows it being empty. Wade Sanner stated the applicant only has one car, but per code, we have to think of future property owners and off street parking as an accommodation. A motion was made by Cory Shupe, seconded by Joe Baker that the Planning Commission grant Conditional Use Approval for an accessory apartment to Wen Juan Mao, located at 410 E. 8800 S., subject to the three findings and four conditions listed in the staff report. Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson 3. SUB-09-17-5 Dimple Dell Ridge Subdivision (Preliminary Review) 300 1713 E. Dimple Dell Road Community #26 Mitch Vance introduced this item to the Planning Commission. Mark Trapp stated he owns two of the proposed lots. He also stated he does not have a problem with this project as long as Mr. Nash does what is proposed. Mitch Vance mentioned staff and citizen concerns for the proposed project. The Chair opened and closed this item to the public. There was no public comment. The Planning Commission had discussion and questions for staff concerning access. Mark Trapp asked how would people know that the access is private at the trail head and if the applicant would cut trees to create access. Sandy City, Utah Page 2 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 James Sorenson stated because this is private property, it could be gated. Mark Trapp asked about possible retaining walls. James Sorensen stated wherever the recorded line is would be the access point. A motion was made by Dave Bromley, seconded by Cyndi Sharkey, that the Planning Commission determine that the preliminary subdivision and Sensitive Area Overlay zone reviews area complete for the Dimple Dell Ridge Subdivision, located at 1713 East Dimple Dell Road subject to the thirteen conditions listed in the staff report. The motion carried by the following vote: Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson 4. SUB-03-18-5 Sandy Storage Amended and Extended (Preliminary Review) 369 8838 S. 700 E. Historic Sandy, Community #4 Mitch Vance introduced this item to the Planning Commission. Dave Richards, Applicant, gave an overview of the proposed project. The Chair opened this item to the public comment. Pamela Sawyer stated she is concerned about traffic. The Chair closed this item to public comment. Commissioner Joe Baker suggested that the traffic on 8800 South would be less with storage units being there than an alternative commercial business. Commissioner Cory Shupe stated as a point of clarification the two parcels are already zoned commercial. A motion was made by Jamie Tsandes, seconded by Joe Baker, that the Planning Commission determine that preliminary review is complete for the Sandy City Storage Amended and Extended Subdivision located at 8838 South 700 East, subject to the two conditions listed in the staff report. The motion carried by the following vote: Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson Sandy City, Utah Page 3 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 5. SPR-03-18-5 Sandy City Storage Phase 2 - Site Plan Review and Extension of 372 Conditional Use for Storage Rental and Extended Business Hours to Include Sundays 676 E. 8800 S. Historic Sandy, Community #4 Mitch Vance introduced this item to the Planning Commission. Dave Richards, Applicant, gave an overview of the proposed project. The Planning Commission had questions for the applicant concerning parking, building materials, and landscape. The Chair opened this item to public comment. Pamela Sawyer stated she would like for this business to close at 9 p.m. and not be opened on Sunday's. The Chair closed the item to public comment. The Planning Commission had discussion about the traffic flow, four sided architecture, the masonry wall, and hours of operation. A motion was made by Dave Bromley, seconded by Ron Mortimer, that the Planning Commission approve the conditional use request: to allow extended business hours to 6:00 A.M. to 10:00 P.M., seven days a week; to allow the proposed storage building use in the BC zone; and approve the site plan, including the proposed building design, mass, scale, architectural design and building materials for the Sandy City Storage Phase 2 project located at approximately 676 East 8800 South based on the four findings and five conditions listed in the staff report with an amendment to condition (5) to read: That the applicant revise the building elevation to wrap the northeast corner to be 50% of the north facade of the new building with the same materiality as the front facade in order to enhance the architectural quality of the building. The motion carried by the following vote: Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson 6. CUP-02-17-5 Sandy City Storage Phase 2 - Site Plan Review and Extension of 202 Conditional Use for Storage Rental and Extended Business Hours to Include Sundays 676 E. 8800 S. Historic Sandy, Community #4 Mitch Vance introduced this item to the Planning Commission. Sandy City, Utah Page 4 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 Dave Richards, Applicant, gave an overview of the proposed project. The Planning Commission members had questions for the applicant concerning parking, building materials, and landscape. The Chair opened this item to public comment. Pamela Sawyer stated she would like for this business to close at 9 p.m. and not be opened on Sundays. The Chair closed the item to public. The Commissioner had discussion about the traffic flow, four sided architecture, the masonry wall, and hours of operation. A motion was made by Dave Bromley, seconded by Ron Mortimer, that the Planning Commission approve the conditional use request: to allow extended business hours to 6:00 A.M. to 10:00 P.M., seven days a week; to allow the proposed storage building use in the BC zone; and approve the site plan, including the proposed building design, mass, scale, architectural design and building materials for the Sandy City Storage Phase 2 project located at approximately 676 East 8800 South based on the four findings and five conditions listed in the staff report with an amendment to condition (5) to read: That the applicant revise the building elevation to wrap the northeast corner to be 50% of the north facade of the new building with the same materiality as the front facade in order to enhance the architectural quality of the building. The motion carried by the following vote: Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson 7. SUB-03-18-5 630 East Subdivision (Preliminary Review) 379 630 E. 8800 S. Historic Sandy, Community #4 Mitch Vance introduced this item to the PLanning Commission. Dave Richards, Applicant, gave an overview of the proposed project. The Planning Commissioners had questions for the applicant concerning lot size, and access. The Chair opened this item for public comment. Doug Reese stated he is concerned about the retention pond and if it would impede on his property. Commissioner Monica Collard stated owners of the lots would be required to keep and maintain the retention pond. Sandy City, Utah Page 5 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 Doug Reese also stated he is concerned about traffic flow on 630 East. The Chair closed this item to public comment. Ryan Kump stated 630 East is an older street in Sandy and is underbuilt to today's standards. He gave an overview of the future for 630 East. A motion was made by Jamie Tsandes, seconded by Ron Mortimer, that the Planning Commission determine that preliminary review is complete for the 630 East Subdivision located at approximately 630 East 8800 South, subject to the seven conditions listed in the staff report. The motion carried by the following vote: Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson 8. SPEX-05-18- 630 East Subdivision Special Exceptions 5405 630 E. 8800 S. Historic Sandy, Community #4 Mitch Vance introduced this item to the PLanning Commission. Dave Richards, Applicant, gave an overview of the proposed project. The Planning Commissioners had questions for the applicant concerning lot size, and access. The Chair opened this item for public comment. Doug Reese stated he is concerned about the retention ponds and if it would impede on his property. Commissioner Monica Collard stated owners of the lots would be required to keep and maintain the retention ponds. Doug Reese also stated he is concerned about traffic flow on 630 East. The Chair closed this item to public comment. Ryan Kump stated 630 East is an older street in Sandy and is underbuilt to today's standards. He gave an overview of the future for 630 East. A motion was made by Jamie Tsandes, seconded by Ron Mortimer, that the Planning Commission grant a special exception for the use of flag or L-shaped lot configuration and for the establishment of lots without public frontage based on the two findings and one condition listed in the staff report. The motion carried by the following vote: Sandy City, Utah Page 6 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson 9. SUB-02-18-5 Firefly Forest Subdivision (Prelim Review) - 1 New Lot 360 3392 E. Deer Hollow Circle The Dell, Community #29 Dave Bromley recused himself from this item and Jeff Lovell sat in for him. Mike Wilcox introduced this item to the Planning Commission. Lance Platt, Applicant, stated he appreciates the opportunity to present this item to the Planning Commission. Lance gave a background of the proposed item and all the reasons why this item should be approved. Lynette Collie, shared the history since owning the property. She stated she is not asking for pity, just to be heard. The Planning Commission and staff had discussion about the annexation of this lot, access, if this is a buildable lot, and the subdivision process. Darien Alcorn stated for clarification, a subdivision process does trigger requirements for subdivisions and improvements. It also triggers the right to have a building permit on the property. As long as it is not a subdivided lot under the county or city, it does not have entitlement to have a building permit. If the Planning Commission grants the special exceptions for this item as requested, they would make a determination that granting the exceptions should result in the applicant to have a building permit. This does not have to revert back to anything that was done in the county or in the past. It is a determination now if the Planning Commission wants this subdivision to occur now with the requested exceptions. The Planning Commission and staff had discussion about granting these special exceptions, future special exceptions, and ingress and egress. The Chair opened this item to public hearing. Brian Noel, A Community Coordinator, supports the proposed project. He stated he thinks the purpose of the Planning Commission is to evaluate each individual need and make a decision based on facts. Trent Pierce, stated the reason he bought the lot and built a home is because of the location. He also stated he had to follow code when developing his lot so, the applicant should follow code as well. Kirk Olsen, stated if the road is widened, it would impact his property. Robert Wilson stated he is concerned about widening the road. Road widening would Sandy City, Utah Page 7 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 impact his property. Lance Platt, clarified that the lot did not become a legal lot of record in the county. The Planning Commission had questions for the applicant about legal lot of record and water service agreement. Trent Pierce stated to his understanding, there is a fault line that goes through to the bottom half of his driveway. He also stated this proposal would negatively impact all the homes the private road would pass through. Commissioner Cory Shupe asked Trent if he was opposed to widening the road. Trent Pierce stated his property would be negatively affected by widening the road. The Planning Commission and staff had discussion about the exceptions for the proposed road widening. Commissioner Jamie Tsandes asked who owns the 50 ft. easement shown on the plat. Mike Wilcox stated all the land owners that have connection to the easement. The Planning Commission and staff had a brief discussion about the easement. Trent Pierce stated he is aware of the easement. He stated he built there because the surrounding land was unbuildable. The Chair closed this item to public comment. Ryan Kump addressed the applicants comments. Robert Dekorver, Fire Marshal, wanted to clarify that his comments are based on International Fire Code. The Planning Commission had discussion about widening the road and ingress and egress. The Planning Commission each spoke on how they felt about this proposal. A motion was made by Joe Baker, seconded by Cory Shupe, that the Planning Commission determine that the preliminary subdivision and Sensitive Area Overlay zone reviews area are not complete for the Firefly Forest Subdivision, located at 3392 E. Deer Hollow Circle, and that the waivers and special exception requests be denied based on the four findings listed in the staff report. The motion carried by the following vote: Yes: 5- Joe Baker Monica Collard Jamie Tsandes Cory Shupe Jeff Lovell No: 2- Cyndi Sharkey Ron Mortimer Absent: 1- Michael Christopherson Sandy City, Utah Page 8 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 Recused: 1- Dave Bromley 10. SPEX-05-18- Firefly Forest Subdivision (Special Exception Requests) 5406 3392 E. Deer Hollow Circle The Dell, Community #29 Dave Bromley recused himself from this item and Jeff Lovell sat in for him. Mike Wilcox introduced this item to the Planning Commission. Lance Platt, Applicant, stated he appreciates the opportunity to present this item to the Planning Commission. Lance gave a background of the proposed item and all the reasons why this item should be approved. Lynette Collie, shared the history since owning the property. She stated she is not asking for pity, just to be heard. The Planning Commission and staff had discussion about the annexation of this lot, access, if this is a buildable lot, and the subdivision process. Darien Alcorn stated for clarification, a subdivision process does trigger requirements for subdivisions and improvements. It also triggers the right to have a building permit on the property. As long as it is not a subdivided lot under the county or city, it does not have entitlement to have a building permit. If the Planning Commission grants the special exceptions for this item as requested, they would make a determination that granting the exceptions should result in the applicant to have a building permit. This does not have to revert back to anything that was done in the county or in the past. It is a determination now if the Planning Commission wants this subdivision to occur now with the requested exceptions. The Planning Commission and staff had discussion about granting these special exceptions, future special exceptions, and ingress and egress. The Chair opened this item to public hearing. Brian Noel, A Community Coordinator, supports the proposed project. He stated he thinks the purpose of the Planning Commission is to evaluate each individual need and make a decision based on facts. Trent Pierce, stated the reason he bought the lot and built a home is because of the location. He also stated he had to follow code when developing his lot so, the applicant should follow code as well. Kirk Olsen, stated if the road is widened, it would impact his property. Robert Wilson stated he is concerned about widening the road. Road widening would impact his property. Lance Platt, clarified that the lot did not become a legal lot of record in the county. The Planning Commission had questions for the applicant about legal lot of record and water service agreement. Trent Pierce stated to his understanding, there is a fault line that goes through to the Sandy City, Utah Page 9 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 bottom half of his driveway. He also stated this proposal would negatively impact all the homes the private road would pass through. Commissioner Cory Shupe asked Trent if he was opposed to widening the road. Trent Pierce stated his property would be negatively affected by widening the road. The Planning Commission and staff had discussion about the exceptions for the proposed road widening. Commissioner Jamie Tsandes asked who owns the 50 ft. easement shown on the plat. Mike Wilcox stated all the land owners. The Planning Commission and staff had a brief discussion about the easement. Trent Pierce stated he is aware of the easement. He stated he built there because the surrounding land was unbuildable. The Chair closed this item to public comment. Ryan Kump addressed the applicants comments. Robert Dekorver, Fire Marshal, wanted to clarify that his comments are based on International Fire Code. The Planning Commission had discussion on about widening the road and ingress and egress. The Planning Commission each spoke on how they felt about this proposal. A motion was made by Joe Baker, seconded by Cory Shupe, that this Staff recommends that the Planning Commission determine that the waivers and special exception requests be denied based on the two findings listed in the staff report. The motion carried by the following vote: Yes: 5- Joe Baker Monica Collard Jamie Tsandes Cory Shupe Jeff Lovell No: 2- Cyndi Sharkey Ron Mortimer Recused: 1- Dave Bromley 11. SPR-03-18-5 Sandy East Village - Phase 3 of a Mixed Use Development - Mixed Use 376 Zone (MU) (Preliminary Site Plan Review) 166 E. Midvillage Boulevard Community #5 Commissioner Dave Bromley returned. Mike Wilcox introduced this item to the Planning Commission. Sandy City, Utah Page 10 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 Bruce Bingham of Hamilton Partners, Inc., representing the applicant, stated he asked his architect to give an overview of the proposed project. Joe Geroux ,Principal Architect, gave an overview of the proposed project. He stated this was originally a 1,200 stall parking lot that has been converted into a transit oriented development mixed used focus with apartments supporting all of the retail pieces and tying into the transit connectivity of the Wasatch front. Planning Commission had questions and a brief discussion with the Architect concerning parking and the parking survey. Joe Geroux stated he has no problem with the conditions in the staff report. He also stated the south edge of the proposed property abuts the Dry Creek Apartments. There is a large rock retaining wall there that would be removed in order to grade the proposed project. After grading is complete, he stated the plan is to cover the area between the building and the apartment with grass. This space would become a parkway that would be maintained by Hamilton Partners. Planning Commission had more questions for the Architect concerning parking. Commissioner Cyndi Sharkey stated 80% of the complex is studio and one bedroom apartments. She asked how was this determined. Joe Geroux replied through a market studies. Mike Wilcox voiced staff concerns. The Planning Commissioners had a discussion with staff concerning the placement of the trash enclosures. Commissioner Cyndi Sharkey asked if all the staff concerns were addressed in the conditions. Mike Wilcox replied the only concern that wasn't addressed in staff concerns was the appropiate mix of units. The Chair opened this item to public comment. Jared Clayton stated he does not oppose this project, he is disappointed that the building height wasn't addressed. He asked what the code requirements are as far as height. Mike Wilcox read the code requirements for height and stated the Planning Commission can approve additional height on a limited basis based on the height, scale, size, character, etc. Jared Clayton asked what the proposed building height was. Mike Wilcox replied buildings two and three are five stories, buildings four and five are four stories, and the building on the corner is two stories. Jared Clayton stated the building height isn't necessary. He also stated he does not agree with parking. Sandy City, Utah Page 11 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 Jared Clayton, Planning Commission, and the applicant had a discussion about density. Bruce Bingham stated at the beginning stages of this project, no height specifications were given. Commissioner Monica Collard asked what the difference in elevation is from across the the tracks on the east side compared to building two. Mike Wilcox replied there is a trail located in the public park behind the proposed structure. The trail sits lower than the back fence line of the development. From the back fence line, it drops 18 - 20 ft. to the Trax platform height. David Hooper stated he does not think an apartment complex of this size is attractive to a single family residential area. Barbara Hartman stated affordability has not been discussed. Not everyone could afford to live there. She is also concerned about parking. Steve Van Maren stated he is against the parking reduction of 25% and building height. Commissioner Cory Shupe stated he needs a better understanding of the parking. He also stated he would like to know more about this project. Bruce Bingham stated regarding the phase one apartments at East Village, the lower level is paid parking and it is completely full. The excess parking is on top and it is free. As far as Sego Lily parking, he would like it to be posted "No Parking". People in the office buildings use this parking lot out of convenience, not out of necessity. He asked if that was an option. Ryan Kump stated yes, that is an option. He gave the reasons why it is an option and an overview of Sego Lily Street. The Planning Commission had a brief discussion on parking and plans for the proposed retail space. A motion was made by Cory Shupe, seconded by Jamie Tsandes, that Planning Commission table this item to the next Planning Commision Meeting which would be June 7, 2018. The motion carried by the following vote: Yes: 4- Dave Bromley Jamie Tsandes Cory Shupe Ron Mortimer No: 3- Joe Baker Monica Collard Cyndi Sharkey Absent: 1- Michael Christopherson Administrative Business 12. 18-180 Minutes of May 3, 2018 A motion was made by Dave Bromley, seconded by Cory Shupe, to approve the Minutes of May 3, 2018. The motion carried by the following vote: Sandy City, Utah Page 12 Printed on 6/12/2018 Planning Commission Meeting Minutes May 17, 2018 Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Michael Christopherson Sandy City Development Report Director's Report James Sorensen gave the Director's Report. Adjournment 10:42 Meeting Procedure 1. Staff Introduction 2. Developer/Project Applicant presentation 3. Staff Presentation 4. Open Public Comment (if item has been noticed to the public) 5. Close Public Comment 6. Planning Commission Deliberation 7. Planning Commission Motion In order to be considerate of everyone attending the meeting and to more closely follow the published agenda times, public comments will be limited to 2 minutes per person per item. A spokesperson who has been asked by a group to summarize their concerns will be allowed 5 minutes to speak. Comments which cannot be made within these time limits should be submitted in writing to the Community Development Department prior to noon the day before the scheduled meeting. Planning Commission applications may be tabled if: 1) Additional information is needed in order to take action on the item; OR 2) The Planning Commission feels there are unresolved issues that may need further attention before the Commission is ready to make a motion. No agenda item will begin after 11 pm without a unanimous vote of the Commission. The Commission may carry over agenda items, scheduled late in the evening and not heard, to the next regular scheduled meeting. In compliance with the Americans With Disabilities Act, reasonable accommodations for individuals with disabilities will be provided upon request. For assistance, or if you have any questions regarding the Planning Commission Agenda or any of the items, please call the Sandy City Planning Department at (801) 568-7256 Sandy City, Utah Page 13 Printed on 6/12/2018