Planning Commission Meeting - ARCHIVED

CITY OF SOUTH JORDAN ELECTRONIC PLANNING COMMISSION MEETING COUNCIL CHAMBERS September 27, 2022 Present: Vice Chair Nathan Gedge, Commissioner Steven Catmull, Commissioner Trevor Darby, Commissioner Laurel Bevans, Commissioner Aaron Starks, Assistant City Attorney Greg Simonsen, City Planner Greg Schindler, Deputy City Recorder Cindy Valdez, Deputy City Engineer Jeremy Nielson, GIS Coordinator Matt Jarman, Senior IS Tech Phill Brown, Meeting Transcriptionist Diana Baun Absent: Chair Michele Hollist Others: Monty Croft 6:31 P.M. REGULAR MEETING A. WELCOME AND ROLL CALL – Chair Michele Hollist Vice Chair Gedge welcomed everyone to the Electronic Planning Commission Meeting and excused Chair Michele Hollist, who was unable to attend. B. MOTION TO APPROVE AGENDA Commissioner Bevans motioned to approve tonight’s agenda with the amendment that the Welcome and Roll Call and agenda is being provided by Vice Chair Nathan Gedge. Commissioner Darby seconded the motion; vote was unanimous in favor. Chair Hollist was absent from the vote. C. APPROVAL OF THE MINUTES C.1. August 23, 2022 Planning Commission Meeting Minutes C.2. September 13, 2022 Planning Commission Meeting Minutes Commissioner Starks motioned to approve the minutes from the August 23, 2022 and September 13, 2022 meetings as published. Vice Chair Gedge seconded the motion; vote was unanimous in favor. D. STAFF BUSINESS - None E. COMMENTS FROM PLANNING COMMISSION MEMBERS – None South Jordan City 2 Planning Commission Meeting September 27, 2022 F. SUMMARY ACTION – None G. ACTION – None H. ADMINISTRATIVE PUBLIC HEARINGS - None I. LEGISLATIVE PUBLIC HEARINGS - None J. OTHER BUSINESS J.1. PLANNING COMMISSION TRAINING Presenters: Greg Simonsen and Greg Schindler Assistant City Attorney Greg Simonsen reviewed his prepared presentation (Attachment A), discussing subdivisions and the laws surrounding them. City Planner Greg Schindler reviewed his prepared presentation (Attachment B), discussing Daybreak. ADJOURNMENT Commissioner Bevans motioned to adjourn the September 27, 2022 Planning Commission meeting. Vice Chair Gedge seconded the motion; vote was unanimous in favor. Chair Hollist was absent from the vote. The September 27, 2022 Planning Commission Meeting adjourned at 8:23 p.m. Meeting minutes were prepared by Deputy Recorder Cindy Valdez This is a true and correct copy of the September 27, 2022 Planning Commission minutes, which were approved on October 11, 2022. REGULATING SUBDIVISIONS Why and How? Greg Simonsen, Land Use Attorney, City of South Jordan  THE VISION FOR WHERE WE LIVE, “SOUTH JORDAN IS A BALANCED COMMUNITY THAT PROVIDES A RANGE OF DESIRABLE HOUSING FORMS AND AMENITIES THAT APPEAL TO ALL STAGES OF LIFE AND LIFESTYLES.”  METES AND BOUNDS PROPERTY DESCRIPTIONS • Typically the system uses physical features of the local geography, along with directions and distances, to define and describe the boundaries of a parcel of land. The boundaries are described in a running prose style, working around the parcel in sequence, from a point of beginning, returning to the same point. It may include references to other adjoining parcels (and their owners), and it, in turn, could also be referred to in later surveys. At the time the description is compiled, it may have been marked on the ground with permanent monuments placed where there were no suitable natural monuments.  A RECIPE FOR LITIGATION • Commencing at a point on the West Line of the Main Canyon road where the water pipeline belonging to W. Mont Ferry and E.S. Ferry crosses said West line (which said point is South 36° 49’ West 600 feet, more or less, from the Northeast corner of the Northwest quarter of Section 35, Township 2 South, Range 3 East, Salt Lake Base and Meridian, and running thence Westerly along said water pipeline 130 feet, more or less to East Bank of creek; thence Southerly on creek 415 feet, Easterly 60 feet to the West side of the Main Canyon Road, Easterly on West side of road 110 feet more or less to beginning. Less right of way .58 acres sold to County for road.  PURPOSES OF SUBDIVISION REGULATION • A. Accurate Property Descriptions • B. Ensures Compliance with General Plan and Zoning Ordinances • C. Facilitates Development and Use of Real Property • D. Provides Efficient Development and Delivery of Utilities and Services • E. Helps Prevent Title Disputes  SUBDIVISION AS DEFINED IN THE UTAH CODE • 10-9a-103 (65) • “Subdivision” means any land that is divided, resubdivided, or proposed to be divided into two or more lots or the division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms and conditions. • A subdivision includes: “the division or development of land, whether by deed, metes and bounds description, devise or testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or portion of a parcel or lot…”  WHAT IS NOT A SUBDIVISION -A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural … -A boundary line agreement between owners of adjoining land. -A lot line adjustment. -A road, street, or highway dedication plat.  LUDMA PART 6 SUBDIVISIONS • 10-9a-602 • (1) A Planning Commission Shall: • (a) review and provide a recommendation to the legislative body on any proposed ordinance that regulates the subdivision of land in the municipality; • … • (c) hold a public hearing on the proposed ordinance before making the planning commission’s final recommendation to the legislative body.  10-9A-603 (2) UTAH CODE • Unless exempt under 10-9a-605 or excluded from the definition of subdivision under 10-9a-103, whenever any land is laid out and platted the owner shall provide the City: • A subdivision name • Boundaries, course and dimensions of all of the parcels of ground divided, including proposed streets. • The lot or unit reference, block or building reference, street or site address, street name or coordinate address, acerage or square footage for all parcels… • Existing easments and rights way including utilities...  WHAT DOES OUR CITY REQUIRE? • 16.10.020 • “All proposed subdivisions shall meet the review requirements outlined in this chapter and the requirements of the individual zone in which the subdivsion is proposed.” • 16.10.040 Preliminary Subdivision Plat Application • “The owner or authorized agent of the property shall make application for preliminary subdivision review by electronic submittal to the Planning Department. Only complete applications, as determined by the Planning Director, will be reviewed by City Staff. The Planning Commission will review the application in a public hearing, which will not be scheduled without first satisfying all submittal requirements.”  WHAT MUST THE APPLICANT SUBMIT? 16.10.040 • Owner’s Affidavit • Application Fee • Plat of the subject parcels, the acreage and legal description of the area to be subdivided and boundaries of all parcels within 300 feet. • An electronic copy of the subdivision plat and certified engineer drawings…showing the following: • 1. Names, addresses and phone numbers of applicant and engineer. • 2. Vicinity Map showing adjacent streets, parcels, lots, owners and buildings. • 3. Date scale, north arrow and name of the subdivision (approved by County). • 4. Property address, certified legal description, acreage, dimensions and tax id. • 5. Existing streets (with names) and right of way widths, buildings, culverts, bridges, waterways, irrigation ditches and systems, wells, springs, utilities, easements, rights of way, flood boundary, geologic hazards, fencing, parks, trails, open space, fire hydrants, streetlights, storm drain and sanitary sewer systems, soil conditions, topography, survey monuments, section lines and other infrastructure or improvements on or adjacent to the property.  WHAT MUST THE APPLICANT SUBMIT? (16.10.040 CONTINUED) 6. Proposed subdivision boundary and dimensions, streets (with names and widths), lot layout, lot sizes and dimensions, phasing, gross lot density, curbs, gutters, park strips and landscaping, waterways, demolition, fire hydrants, streetlights, sidewalks, fencing, easements, parks, trails, open space, public land dedications, storm and subsurface drain systems (with protective covenants), detention and retention areas, flood boundary (fema approval required) sanitary sewer system, modifications to existing topography and infrastructure, culinary and secondary water systems, utilities, soil erosion and sedimentation control plan and any other infrastructure or improvements on or adjacent to the property. 8. Profile drawings of proposed buildings, streets, fences and other features relative to existing adjacent buildings, streets and features as directy the the City Engineer. 9. Grading Plans (with before and after contour lines)  WHAT HAPPENS NEXT? • 16.10.040 (F) • “After a complete preliminary application has been filed with the City, the project will be scheduled for the next available Development Review Committee meeting. The committee members will visit the site and review the project. Comments and redline drawings from committee members will be returned to the applicant.” • 16.10.060 • “Once all application requirements have been met, redline corrections made, revised plans and plat submitted and City staff approval given, the preliminary subdivision plat application will be scheduled on the Planning Commission agenda for a public hearing at which public comment will be taken…. The Planning Commission shall receive public comment…. The Planning Commission may approve, approve with conditions or if the project does not meet City ordinances or sanitary sewer or culinary water requirements, deny the preliminary subdivision plat application.”  FINAL SUBDIVISION PLAT APPLICATION 16.10.080 • A final subdivision plat application shall be submitted electronically to the Planning Department for any proposed subdivision only after the Planning Commission has approved the preliminary subdivision plat. The City shall review the final subdivision plat application and may be discussed in a Development review Committee meeting. Any requirements of this section considered by the Planning Director or the City Engineer to be nonapplicable to a specific project may be waived or altered in writing by the City, except as required by State law. The final plat application shall consist of the following information:  FINAL SUBDIVISION PLAT REVIEW • No further Planning Commission Review • Engineer Review • Planning Department Review • Legal Department Review Daybreak Review 1. P-C Zone and plan Total area to be rezoned P-C (4,157 Ac.) 2. Master Subdivision First Steps Multiple phases of development. Shows major development parcel locations, open space system, major infrastructure associated with P-C Zone roadways. Recorded – October 2002 Master Subdivision Master Development Agreement 3. Master Development Agreement Community Structure Plan Adopted and recorded – March 2003 4. Community Structure Plan Any portion of the project that has a common street system, open space or other infrastructure. Land area to be rezoned with land use table outlining the number of residential units and squared feet of nonresidential development. Adopted – 2003 Amended - 2007  Community Structure Plan Land Use Table Total Acres 4,157 3,188 (77%) Open Space Acres 1,040 753 (72%) Residential Units 20,785 11,721 (56%) Gross Density 5 du/ac 3.6 du/ac Kennecott Master Subdivision #1 https://slco.org/data- Master services/Search/PDFImage.aspx?Se archType=EntryNumber&EntryNum Development ber=8581557 Agreement 1. Subdivision, Condominium and Amendments. Approval Body – Planning Commission Project 2. Site Plan Review Approval Body – City Staff 3. Conditional Use Permit Approval Body – Planning Commission