Planning Commission

10000 Centennial Parkway Sandy City, Utah Sandy, UT 84070 Phone: 801-568-7256 Meeting Minutes Planning Commission Dave Bromley Michael Christopherson Monica Collard Ron Mortimer Jamie Tsandes Cameron Duncan Jeff Lovell Daniel Schoenfeld (Alternate) Thursday, February 3, 2022 6:15 PM On-line Meeting procedures are found at the end of the agenda. Electronic Meeting Planning Commission Chair Statement In accordance with, Utah Code 52-4-207(4) Open and Public Meeting Act, I have determined that to protect the health and welfare of Sandy citizens, an in person Planning Commission meeting, including attendance by the public and the Planning Commission is not practical or prudent. Considering the continued rise of COVID-19 case counts in Utah, meeting in an anchor location presents substantial risk to the health and safety of those in attendance because physical distancing measures may be difficult to maintain in the Sandy City Council Chambers. The Center for Disease Control states that COVID-19 is easily spread from person to person between people who are in close contact with one another. The spread is through respiratory droplets when an infected person coughs, sneezes or talks and may be spread by people who are non-symptomatic. It is my intent to safeguard the lives of Sandy residents, business owners, employees and commission members by meeting remotely through electronic means without an anchor location. Community Development staff are hereby authorized and directed to include a copy of the above notice with each Planning Commission agenda. Monica Collard, Chair Sandy City Planning Commission Sandy City, Utah Page 1 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 The February 3, 2022 Sandy City Planning Commission meeting will be conducted via Zoom Webinar. Public comment may be allowed after the presentation of the particular item by the Staff and Applicant, as directed by the Planning Commission Chairman. Each speaker is allowed two minutes. Citizens wishing to comment must access the meeting via the Zoom Webinar link below and must use the “raise hand” feature. The call-in number is for listening only. If a citizen is unable to attend a meeting via Zoom, he or she may e-mail the Planning Director at bmccuistion@sandy.utah.gov by 3:00 PM the day of the Planning Commission meeting to have those comments distributed to the Commission members and/or have them read into the record at the appropriate time. Register in advance for this webinar: https://us02web.zoom.us/s/89906533885 After registering, you will receive a confirmation email containing information about joining the webinar. Or join by phone: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 or +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 Webinar ID: 899 0653 3885 Webinar Password: 307542 FIELD TRIP 22-018 Field trip map for February 3, 2022 Attachments: map.pdf 6:15 PM REGULAR SESSION Welcome Pledge of Allegiance Introductions Present 7- Commissioner Dave Bromley Commissioner Monica Collard Commissioner Ron Mortimer Commissioner Michael Christopherson Commissioner Jeff Lovell Commissioner Cameron Duncan Commissioner Daniel Schoenfeld Absent 1- Commissioner Jamie Tsandes Public Meeting Items Sandy City, Utah Page 2 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 1. CUP0117202 Grand Canyon University (Conditional Use Permit for private or 2-6253 quasi-public school) 150 W. Civic Center Dr. [Community #2- Civic Center] Attachments: Staff report, materials and map.pdf Claire Hague introduced this item to the Planning Commission. Ted Bernstein thanked Claire and the staff for their recommendation and said they will take up some office space on the first floor, in addition to the fifth floor, and because of that they were given 134 parking spaces. Monica Collard opened this item to public comment. Monica Collard closed this item to public comment. A motion was made by Dave Bromley, seconded by Michael Christopherson that the Planning Commission approve the Conditional Use Permit for Ted Bernstein for the property located at 150 W Civic Center Drive to allow for a private or quasi-public school to operate as described in the staff report based upon the three findings and subject to the three conditions outlined in the staff report. Yes: 7- Dave Bromley Monica Collard Ron Mortimer Michael Christopherson Jeff Lovell Cameron Duncan Daniel Schoenfeld Absent: 1- Jamie Tsandes Sandy City, Utah Page 3 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 2. SPX1004202 Carter Hillside 1-006160 (Special Exception for Alteration of 30% Slope) 2 Pepperwood Drive [Community #28, Pepper Dell] Attachments: Staff report.pdf Applicants letter.pdf Carter Engineered Plans.pdf City Engineer Memo.pdf Vicinity Map.pdf Mike Wilcox introduced this item to the Planning Commission. Randy Carter said that there's been some continued cracking and erosion to and alongside the basement slab and they felt a retaining wall was the solution to help mitigate that. They were unaware of the hillside ordinances when they first began construction but have now retained engineers who are currently working with Sandy City engineers to bring their project into compliance. Dave Bromley asked if the wall will be five foot once it's completed. Randy Carter replied that it'll be approximately four to five feet. Monica Collard opened this item for public comment. John Farr said he has concerns with Sandy City setting a precedence where projects are approved based on an exception after residents have and continue to violate ordinances. Monica Collard closed this item to public comment. Mike Wilcox replied to John Farr's comment saying that when the Carter's home was built it was in compliance with the ordinances at that time. He said this is a perfect example of why the current code has a setback average of twenty feet from a continuous hillside and that balancing the protection of the home and the hillside is what's being reviewed tonight. Jeff Lovell asked Mike Wilcox if there's a penalty when projects like this are being done without the appropriate permits from the city. Mike Wilcox said they could be charged with a misdemeanor that would be handled through the court system. Mike spoke about Code Enforcement and that their purpose is to bring problems into conformity and not to punish residents. He also said that if a resident is actively trying to amend their errors then Code Enforcement would not proceed with further penalties. Jeff Lovell said that he understands John Farr's concerns with residents not obtaining permits before projects are done and asked if there's been a discussion on any deterrents to prevent this from continually happening. Mike Wilcox said that would be an administration and City Council review and decision based on the method of the type of Code Enforcement that staff is able to pursue. Sandy City, Utah Page 4 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 Cameron Duncan agrees with Jeff Lovell and wishes there was a better deterrent to prevent these types of projects from happening since it seems more expensive to repair after the fact. Monica Collard said that she can understand from the homeowner's perspective that they can do whatever they want with their home and property and don't realize there's a process to follow. A motion was made by Jeff Lovell, seconded by Dave Bromley, that the Planning Commission approve the special exception for alterations of a continuous hillside of 30 percent or greater slope for the property located at 2 Pepperwood Drive, based on the four findings and subject to the two conditions outlined in the staff report. Yes: 7- Dave Bromley Monica Collard Ron Mortimer Michael Christopherson Jeff Lovell Cameron Duncan Daniel Schoenfeld Absent: 1- Jamie Tsandes Sandy City, Utah Page 5 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 3. SPX1228202 Oakwood Cove Estates Second Amended 1-006238 (Special Exception for Alteration of 30% Slope & Cut/Fill over 10’) 8038 S Oakwood Vista Cove [Community #15] Attachments: Staff report.pdf Applicant letter.pdf PLAT AMENDMENT 2021-12-13.pdf Vicinity map.pdf City Engineer recommendation.pdf Grading Permit Corrections Pt 1.pdf Grading Permit Corrections Pt 2.pdf Mike Wilcox introduced this item to the Planning Commission. Avraham Galili said he bought the house in 2020 and there was a lot of building material buried in the backyard. He hired someone to come and clean it all out and also put the sand back. He acknowledged that he did remove vegetation and understands he needs to restore it and has been working with an engineer. Monica Collard opened this item to public comment. Leon Phelps said he has concerns for the homes behind Mr. Galili's property and what might happen in five to seven years when the erosion extends to these properties. Mr. Phelps believes the hillside should be restored and revegetated. Terry Tandeski does not want the Planning Commission to approve this request. He spoke on vegetation removal, drainage issues, residents doing whatever they want with no fines or penalties, increased water flow, an ecosystem change, and asked if the Planning Commission will consider the emails sent in by eight neighbors who were not in attendance. John Farr spoke about his experience with the Board of Adjustment and the City on a separate issue not related to this item. Avraham Galili replied to John Farr saying that he's not a builder, he's a good neighbor and has done nothing wrong and wants to put the vegetation back. Mike Dodd said that he's the neighbor to north and is in support of his neighbor being able to do what he wants so the space can be usable. Ryan Kump showed some historical aerial photos highlighting the history of when a previous property owner filled in the ravine. 2017 was the first time that the modification of the lot started. The current owner took out the vegetation on the hillside. From an engineering perspective it is better to leave it as it is because trying to restore it could cause additional concerns. Staff is proposing a reachable solution with their recommendation. Michael Christopherson said maybe guidance is needed from staff for options. Neighbors want to live in a community where rules are followed. Is there anything we can consider now to address this, or is this for City Council to create policies and that the Planning Sandy City, Utah Page 6 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 Commission does not have tools to impose fines. Monica Collard said that educating the public about what you can and cannot do on your property. Michael Christopherson said that the residents are right in their frustrations with this pattern of neighbors not knowing the rules and policies and feels that the policy makers need to decide on how to deter this repeated behavior. Dave Bromley agrees with the previous comments made and asked about the fill that was brought in recently. Mike Wilcox said the majority of the alterations occurred with previous owners and the current homeowner further disturbed the area by adding additional fill and removing vegetation. Monica Collard closed this item to the public comment. Dave Bromley asked Ryan Kump to explain the difference between leaving the property as it is now or restoring it back to it's original state. Ryan Kump replied that the way it's set up now makes it easier to contain the water to the homeowner's site rather than trying to recreate the channel and that restoring the channel will cause more problems. Dave Bromley asked Ryan Kump if his recommendation is to create a berm on the north side to act as retention for any water that is captured on his property so it would never exit to the north. Ryan Kump said depending on the recommendation made tonight they will either be looking for a full grading and restoration plan to contain the water at his site or have him re-create the channel which would mean the water would exit to the north. Mike Wilcox said the original intent was to take the water at the top of this area, subject property, and let it run to the north to a couple of different detention ponds to where the water will percolate. Any alteration to this design would require Public Utilities to review. Dave Bromley asked Ryan Kump if he had looked at the email attachment that showed an easement which was part of the storm drain area. Ryan Kump said that it was to the benefit of this lot because it allowed the water to leave this lot and continue north where typically these lots are supposed to contain their own storm water. Dave Bromley asked if we proceed with an approach that doesn't put the ravine back in place would it require him to maintain retention of the surrounding lots. Ryan Kump said that is correct. Dave Bromley said he would also recommend a bond to capture a two year growth period for vegetation. Michael Christopherson said that he agrees with Dave Bromley with having a bond requirement as enforcement. Sandy City, Utah Page 7 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 Daniel Schoenfeld also agrees with the bond. Cameron Duncan asked if the restoration plan is to make it as natural and native or are there other options for faster vegetation. Mike Wilcox showed the Commissioners a grading plan that staff has recommended, leaving the slope as it is and restoring the vegetation on where the hillside was. In this case, the property owner would lose some of the usable land area. Dave Bromley asked Mike Wilcox if it makes sense to worry about native vegetation on the hillside that is no longer 30% slope. Mike Wilcox replied saying it depends on how you approach it and whether you're ok with allowing areas outside of that to be further contoured, landscaped and utilized. He also said Ryan Kump's recommendation is not to reclaim and reconstitute but also not to give added ability to have sod, sheds and play equipment. James Sorensen commented that staff is recommending to not amend the plat which would help to get it as close to it's original state including Ryan Kump's recommendation. Dave Bromley said if they do not restore the slope then it's going to be used as if it were usable. If there's conditions defining the 30% slope with restrictions on what's allowed why put native vegetation where it looks odd on flat land. Cameron Duncan said that by not amending the plat it creates a no build line and asked Dave Bromley if he's ok with the applicant pushing out a shed, garage or pool. Dave Bromley said to keep the 30% slope line and not amend the plat. That way there's no further encroachment of structures. James Sorensen asked Dave Bromley to clarify if he's more centered on the vegetation plan rather than the actual 30% slope. Dave Bromley said yes and to let the applicant and staff work together on where the new sensitive slope line is that will be used to indicate where native vegetation is required. Mike Wilcox explained the history of a case at 3 Pepperwood. This hillside issue was reviewed by the Board of Adjustment on an appeal. The Planning Commission was involved with the grading and landscaping of the hillside. Staff did require a bond for two years to ensure the new vegetation was established. A motion was made by Cameron Duncan, seconded by Dave Bromley, that the Planning Commission approve the special exception for alterations of a continuous hillside of 30 percent or greater slope for the property located at 8038 South Oakwood Vista Cove, based on the four findings in the staff report, conditions number 1, 3 and 4 in the staff report with an alteration to condition 2 to require landscaping within the sensitive hillside area and native landscaping in the areas greater than 30 percent as agreed upon with the Planning staff and a 5th condition requiring a landscape bond for two years growth with the amount determined by staff. Sandy City, Utah Page 8 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 Yes: 5- Dave Bromley Monica Collard Ron Mortimer Michael Christopherson Cameron Duncan No: 2- Jeff Lovell Daniel Schoenfeld Absent: 1- Jamie Tsandes Public Hearing Items 4. SUB1226202 Oakwood Cove Estates Second Amended 1-006235 (Preliminary Review) 8038 S Oakwood Vista Cove [Community #15] Attachments: Staff report.pdf Applicant letter.pdf PLAT AMENDMENT 2021-12-13.pdf Vicinity map.pdf City Engineer recommendation.pdf Grading Permit Corrections Pt 1.pdf Grading Permit Corrections Pt 2.pdf Mike Wilcox noted that eight emails were received from the public and provided to the Planning Commission as part of the public record. The emails were from Leon Phelps, Ruby Chouldjian, Terry Tandeski, John Langer, Tara Perkins, Kyle Hardy, Bruce Anderson and Sharon Phelps. A motion was made by Cameron Duncan, seconded by Dave Bromley, that the Planning Commission determine that the Preliminary Subdivision review is NOT complete for the Oakwood Cove Estates Second Amended plat located at 8038 South Oakwood Vista Cove, based on the four findings in the staff report with the modification of finding number one requiring landscape in the platted 30 percent slope area and native landscape over areas 30 percent. Yes: 6- Dave Bromley Monica Collard Ron Mortimer Michael Christopherson Cameron Duncan Daniel Schoenfeld No: 1- Jeff Lovell Absent: 1- Jamie Tsandes Administrative Business Sandy City, Utah Page 9 Printed on 2/18/2022 Planning Commission Meeting Minutes February 3, 2022 1. 22-019 Planning Commission minutes (1.20.2022) DRAFT Attachments: 01.20.2022 PC Minutes (DRAFT).pdf An all-in favor motion was made by Daniel Schoenfeld to approve the meeting minutes for 01.20.2022 2. Sandy City Development Report 3. Director's Report Adjournment An all in favor motion was made to adjourn. 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 10 Printed on 2/18/2022