CITY OF SOUTH JORDAN
PLANNING COMISSION MEETING
COUNCIL CHAMBERS
July 28, 2009
Present: Chairman Linda Auger, Commissioner Kevin Tominey, Commissioner Paul Pugmire, Commissioner Beverly Evans, Commissioner David Wood, Community Development Director George Shaw, City Planner Greg Schindler, Assistant City Attorney Ryan Loose, Deputy City Engineer Jeremy Nielson, City Recorder Anna West.
Others: Rulon Dutson, Thomas Furman, Dwayne Woolley
6:30 P.M.
REGULAR MEETING
I. GENERAL BUSINESS
A. Welcome and Roll Call
Chairman Linda Auger welcomed everyone attending. She noted that Commissioners Evans and Pugmire had not yet arrived.
Chairman Auger invited attending Scout Troops #6306 and 1639 to introduce themselves.
B. Motion to Approve Agenda
Commissioner David Wood made a motion to approve the July 28, 2009 Planning Commission Agenda. Commissioner Kevin Tominey seconded the motion. Vote was unanimous in favor, with Commissioners Beverly Evans and Paul Pugmire not present.
C. Approval of the Minutes from the Meeting held on June 23, 2009
Commissioner Kevin Tominey made a motion to approve the June 23, 2009 Planning Commission meeting minutes. Commissioner David Wood seconded the motion. Vote was unanimous in favor, with Commissioners Beverly Evans and Paul Pugmire not present.
II. INFORMATIONAL ITEMS AND OTHER BUSINESS
A. CALENDARING ITEMS
Community Development Director, George Shaw, reminded the commissioners of the General Plan Workshop scheduled for Wednesday, August 12th at 6PM.
B. COMMENTS FROM PLANNING COMMISSION MEMBERS
None
C. STAFF BUSINESS.
None
D. NEW BUSINESS
None
III. CITIZEN COMMENT
None
IV. OTHER BUSINESS
A. Collector Street Fencing discussion.
Community Development Director Shaw reviewed the background information on the Collector Street Fencing Ordinance. For the past few months, Staff has been asked to write an all-inclusive update of the City’s fencing regulations ahead of the general plan update. This is largely due to the current construction of 10400 South and 11400 South, both major arterial streets within the City that deal with collector street fencing design, height, material and location (front yard, side yard and rear yards).
Additionally, other concerns have been raised concerning resolution of the wrought iron fencing around the community. Specifically, the Leadership Council of the City has requested a collector street fencing policy recommendation from the Planning Commission before sending the amendment through the process of a First Reading. Staff has re-drafted the proposed text amendment since originally submitted to the Commission. The following questions are listed in an effort to elicit discussion on fence policy options.
1. Feasibility and desirability of back facing lots on City streets.
2. Fence materials and 20’ setback rule (vinyl vs. other)
3. Resolution of existing wrought iron fencing.
4. Sight triangle vision (fencing/vegetation).
Commissioner Beverly Evans arrived at this time.
Chairman Auger asked the Commissioners for their input on the ordinance.
Commissioner Tominey said it is difficult to legislate a look and a feel of the City. People should be able to put up what they want, within reason, to their own property. Don’t think we should regulate the existing wrought iron fencing; we should let it take its own course.
Director Shaw asked for direction on how to deal with the wrought iron fences and the fabric people put in them.
Commissioner Auger said she did not like the look of vinyl behind the wrought iron fencing and doesn’t like the fabric in the wrought iron fencing when it becomes torn; it just looks tacky.
Commissioner Evans said I don’t think we can dictate every single thing. People need to have choices. I think vinyl fences are appropriate and are a standard.
Commissioner Paul Pugmire arrived at this time.
Commissioner Pugmire said he would like to ask the people here from Daybreak for their comments on this because they have experience in fencing issues.
Gary Langston, 4700 W. Daybreak Pkwy – we keep with certain shades of tan in vinyl, wood, or other types as approved by our designer committee. We use a lattice top to break up the monotony because white vinyl is too stark. We have customers work with our designer view committee to make sure fence locations and colors match the architecture of the home.
Commissioner Wood said we should fix confusing wording in regards to section on rear yard fencing requirements. We should soften the look of walled collectors by requiring park strips and tree planting.
Commissioner Pugmire gave caution to not turn these roads (2200 W. & 2700 W) into tunnels.
V. PUBLIC HEARINGS AND POTENTIAL **ADMINISTRATIVE ACTION ITEMS
**Administrative Action = Less Discretion, Substantial Evidence (Objective Standard)
B.1. File # SUB-2009.23, Preliminary Plat for Daybreak VC I Daycare Subdivision, located at approximately 11150 South 4800 West, Kennecott Land Company, (applicant).
City Planner Greg Schindler reviewed the background information on this item. He said Kennecott Land is proposing to divide 3.6848 acres into 1 civic/commercial lot, 1 alpha parcel and associated streets. The alpha parcel will be further divided in the future, likely for residential uses. Lot C-101 (civic/commercial) is proposed to be used for a daycare center.
Staff findings:
· The site is well suited for the possible daycare use since its location would facilitate service to Rio Tinto employees and to the Daybreak community in general.
· This subdivision will facilitate the connection of Duckhorn Drive between Kestrel Rise Road and Oakmond Road.
· All PC Zone and Kennecott Master Subdivision requirements will be met regarding the plat.
· The location of the proposed plat provides for the logical extension of City services to undeveloped land. Since most City services are already being provided to the area, the impact will not be significant.
Gary Langston, 4700 Daybreak Parkway (applicant) – I would like to make a clarification on the Plat. It is actually VC 1. That stands for Village Center 1. We will be selling the parcel to a third party and they will be doing the daycare.
Chairman Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.
B.2. Potential Action Item – (See V. B.1.)
Commissioner Tominey made a motion to approve File # SUB-2009.23, Preliminary Plat for Daybreak VC-I Daycare Subdivision, located at approximately 11150 South 4800 West, Kennecott Land Company, (applicant) with the one staff recommendation. Commissioner Pugmire seconded the motion. Roll Call Vote was unanimous in favor.
C.1. File # SUB-2009-24, Preliminary Plat 3D Subdivision and Amendment to Daybreak Condominium Map 3B-10, located at approximately 11700 South 5100 West, Kennecott Land Company, (applicant).
City Planner Greg Schindler reviewed background information on this item. Kennecott Land is proposing to divide 2.4116 acres into 20 residential lots, one park lot and associated streets and alleys. The proposal also includes amending an existing recorded condominium map by connecting an alley shown on that map with an alley within the proposed subdivision and adding the proposed P-101 lot as open space within the condo map. The residential lost in this subdivision will range in size from 3,046 sq.ft. to 4,199 sq.ft. with an average lot size of 3,345 sq.ft. The park lot is a small piece of property located at the south end of the development less than one tenth of acre in area.
Findings:
· The site is located across the street from the Early Light Academy public charter school and will share an alley with 13 similar single family lots.
· All PC Zone and Kennecott Master Subdivision requirements will be met regarding the plat.
· The location of the proposed plat provides for the logical extension of City services to undeveloped land.
Commissioner Wood asked City Planner Schindler if in fact the purple piece is the park lot.
City Planner Schindler said yes.
Gary Langston, 4700 W. Daybreak Parkway SJC (applicant) – We would like to propose some miner adjustments that would make this a little better for this piece of property as well as the adjacent parcel which is 3B-10. Just north of the blue piece is an alley that extends to the northwest. We are proposing to eliminate that alley and convert it to an 8’ wide P Lot to make a pathway that goes to the school site. We have been working with the people at the Early Light Academy and they think a large majority of students will want to cut through that area. By eliminating the alley this would also clear up a complicated intersection. The second item would be to swap the piece in purple with Hearthside Homes. They will give us the blue piece, which we will in turn give back to the City for public right-of-way to the alleys, and we will give Hearthside Homes the purple piece which will compliment their current existing property line and will allow us to have a single irrigation system. This would be better for Kennecott Land and Hearthside Homes as well.
Chairman Auger asked City Planner Schindler how this would affect this item.
City Planner Schindler said the changes are fine with us as long as the Planning Commission is willing to approve it with the changes.
Commissioner Pugmire asked if there are crosswalks there on Diggery Drive, is it marked or signaled or are we just dumping the kids out into the street.
Mr. Langston said there will be. As a part of our construction drawings for this, we will do a curb cut on both sides of Diggery Drive and put in cross walk signs as well as the cross walk striping. We are coordinating that with Early Light to give a logical path for the kids to travel. We did hold a neighborhood meeting with representatives from Kennecott Land and Garbett Homes and invited some people but did not get any feedback from them.
Chairman Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.
C.2. Potential Action Item – (See V. C.1.)
Commissioner Wood made a motion to approve File # SUB-2009-24 as drawn and including amendments as proposed by the applicant which would provide for the change of an alleyway into a right-of-way for students and the parcel swap as mentioned by the applicant which will be redrawn by staff, Preliminary Plat 3D Subdivision and Amendment to Daybreak Condominium Map 3B-10, located at approximately 11700 South 5100 West, Kennecott Land Company, (applicant). Commissioner Tominey seconded the motion. Roll Call Vote was unanimous in favor.
Commissioner Pugmire said he hopes that no one gets comfortable in approving items like this in the future. I would expect to see maps and drawings prior to voting on changes.
D.1. File # CUP-2009.11, Conditional Use Permit Application to construct a 100’ Wireless Communication tower and related equipment at the Trans-Jordan Landfill, generally located at 10601 South along highway U-111, Joseph Serrao. (applicant).
Community Development Director George Shaw reviewed background information. Joseph Serrao, on behalf of Verizon Wireless Communication, has submitted a Conditional Use Permit Application seeking approval to install a 100’ monopole within the Commercial Industrial (C-I) Zone at the Trans Jordan Landfill, generally located at 10601 South along Highway U-111.
Section 17.112 of the Wireless Communication Ordinance is currently pending a text amendment, which affects the installation standards for monopoles within the City limits. Two items pertaining to monopoles, within the pending ordinance text amendment that impact this application are: One, requiring the equipment to be located within an enclosed masonry structure and Two, flush mounting the antennas to the pole, in which the proposed application has been modified, in order to comply with the upcoming proposed ordinance amendment.
Another new standard pertaining to commercial wireless communication facilities is required landscaping around the facility. The applicant has expressed some concern with this standard due the location of the facility and the cost of maintenance. Staff anticipates however, that Highway U-111 may someday become a gateway into the City and that in the meantime, landscape maintenance would yield some periodic monitoring of the facility.
The application and plans have been reviewed by Staff and have been found to comply with the current Wireless Communication Chapter, Section 17.112, of the City’s Zoning Ordinance, as well as the proposed amendment to the section with the exception of the landscape requirement.
Director Shaw said we have a list of conditions that we placed in the packet for recommendation. Since we wrote the staff report, we have talked to the director at the landfill, Mr. Woolley. The map in the packet shows how isolated this property is, the location of the pole in regards to the landfill property and the question raised is the desirability to require the landscaping. In the staff report we put conditions in that are based on what we think the ordinance may be changed to:
1. That the applicant submits and receives staff approval for a landscape design plan, upon which the applicant shall install and maintain landscape around the 6’ decorative masonry wall which surrounds the site.
2. That the application be reviewed upon legitimate complaint, alleging violation of the conditions of approval.
3. That the City requires a $10,000 cash security fund or letter of credit to be established for the removal of the pole and related facility suggested within Section 17.112 letter “H” of the proposed wireless communication test amendment.
4. All South Jordan City Municipal Services, Public Safety, and Parks & Recreation Department requirements are met.
The two items I wanted to highlight are 1 and 3. We would recommend approval based on what is being submitted. However, conditions 1 and 3 the Commission needs to discuss after we get input from the applicant.
Commissioner Wood asked who is responsible for the landscaping, and do we care who is responsible.
Director Shaw said the applicant is responsible. I don’t want the area to go un-landscaped and then when more improvements are put on the landfill site, this area getting left out. In the future this area is going to be very visible to the community.
Assistant City Attorney Ryan Loose advised the Commissioners that if there is someone not taking care of their landscape, the property owner is always the responsible party.
Chairman Auger asked if the applicant is present. It was noted that the applicant is not here tonight.
Chairman Auger opened the Public Hearing to comments.
Dwayne Woolley, 10477 S. Culmination, SJC – I am the General Manager of the landfill. In regards to the earlier questions, I did have a conversation with Verizon, the applicant, and with staff concerning the stealth design. The landscaping area would not be seen because of a 40 foot berm that hides the site. To require landscaping at this point, when there is no landscaping in the area and there is just a gravel parking lot, would not serve a purpose today. We fully support as the owner of the property, we would be responsible for landscaping long term, but out contract would require them to be responsible for that and we would pass that on to them. One thing I am not sure of is the condition for the block wall; is that an automatic condition or is it up for discussion. Every other facility next to the landfill has chain link fence. The block wall will hide whatever might blow into that area and creates a problem with keeping it clean. When the landfill closes in 50 years or so, that would be the time to require the landscape and other things to be done. Right now chain link fence is very appropriate for this application.
Commissioner Pugmire asked about the bermed area at the landfill. He said this area will change significantly in the next decade. I want to make certain that we keep our abilities to address these types of issues when U-111 changes and the landfill fulfills its mission and the entire neighborhood changes.
Commissioner Tominey asked if there is any discussion about the eventual development there that would push the water treatment facility out.
Mr. Woolley said they have actually stopped their operation a year and a half ago. We now lease that facility from them for a modified composting operation. The land fill will probably be used as open space like a golf course, park, equestrian area are the most common uses. We lease 120 acres from Kennecott and will be used as buffer land and open space. The berm can stay as it is forever.
Director Shaw said the current ordinance requires fencing and the new ordinance makes fencing an option. We are willing to waive the $10,000 bond if the Planning Commissioners agrees.
Chairman Auger closed the Public Hearing at this time.
Commissioner Evans said I think this is a good solution for this application. I don’t think we should ask for landscaping right now. I would like to see condition number one removed.
Commissioner Tominey said I do not think we should move forward on this. I think we should table this until the applicant can be present to answer questions.
Commissioner Pugmire said I too would like to talk with the applicant.
Chairman Auger said I think we should drop items 1 and 3 and go forward with this motion and move on with this now.
Commissioner Wood said normally we wouldn’t want a stealth application anywhere, but out there it is alright. It makes no sense to have a decorative masonry wall around a monopole. I think we would do better having the $10,000 security bond. I would have high hopes that the City would have a high end golf course and we could do something very nice in this area. I think we should go for this as it has been proposed.
Mr. Woolley said the applicant actually wanted to be here and fully planned on being here. He would like a chain link fence.
D.2. Potential Action Item – (See V. D.1.)
Commissioner Evans made a motion to approve File # CUP-2009.11, Conditional Use Permit Application to construct a 100’ Wireless Communication tower and related equipment at the Trans-Jordan Landfill, and to eliminate condition #1 and maintain condition #3 the $10,000 cash security be for future removal and/or for future landscaping when appropriate. Commissioner Pugmire seconded the motion. Roll Call Vote was 4 to 1 in favor, with Commissioner Wood voting against.
Commissioner Wood said I think the applicant should just be here to support his own application. I agree with Commissioner Tominey’s comment to table it until the applicant could be present.
E.1. File # CUP-2009.13, Conditional Use Permit Application to permit a Wind turbine on property located at 1948 West Ingot Drive, Lynn and Gayla Nielsen (applicants)
City Planner Greg Schindler reviewed the background information. The applicants wish to obtain a Conditional Use Permit for a wind turbine that is proposed to be located on the property at 1948 W. Ingot Way. The applicants reside at this property as well. The property is part of the Bonanza Acres No. 3 subdivision which is one of the oldest as well as one of least densely developed subdivisions in the City. The subdivision has a very rural feel to it with large lots, animal rights and rail fencing. Another contributing factor to the rural ambience of the place is the scarcity of sidewalks around the subdivision. As mentioned previously, numerous properties have farm animals and horses make up the majority of the farm animals.
The proposed wind turbine would approximately be located at the west side of the property inside of the horse coral. The nearest property line is to the west and it is about eighty feet (80’) away from the proposed wind turbine location. The nearest structure to the wind turbine is the barn located to the north. According to the submitted site plan, the wind turbine will be about twenty feet (20’) away from the barn and about eighty feet (80’) away from the main dwelling. The wind turbine tower is forty-five feet (45’) high. The total height for the wind turbine is fifty-one feet (51’), which includes the tower and the rotor mounted near the top of the tower. The rotor by itself is twelve feet (12’) in diameter. The setback calculations are based on the total height of the structure plus ten feet (10’). The minimum setback requirement is hence sixty-one feet (61’).
The brochure submitted with the application states that the wind turbine is capable of producing 1.9 kW of continuous and 2.6 kW of peak power output. It also claims that the wind turbine will provide anywhere from 40-90% of the energy needs for a home or a small business. Any extra energy produced by the turbine is fed back into the grid, hence reducing the electrical bill by running the meter backwards. The turbine is warranted for five (5) years.
Commissioner Evans asked how the excess goes back into the grid. She also asked if anyone in the community has been notified that this turbine is going in.
Director Shaw said they have an agreement with Rocky Mountain Power and it goes back through their meter. He said notices were sent to all surrounding properties within 300 feet.
Commissioner Wood asked if this lot is flat and what is the height limit for housing in this area.
City Planner Schindler said yes, the lot is flat and the height maximum is 35 feet. The ordinance allows a turbine up to 90 feet.
Commissioner Wood asked if anyone has done a sun shadow calculation to know how this would affect the neighbor’s property and the flicker issue.
Director Shaw said that is hard to determine because most of these units turn to the wind. The flicker is not going to be as noticeable on these larger lots. We have a condition that deals with legitimate complaints, should that become an issue.
Chairman Auger invited the applicant to come up to answer questions.
Thomas Furman, 10885 N Wallace Lane, Thatcher, UT (Contractor representing the applicant) -
These are not your old style turbines. The cable will go from the turbine to a breaker panel. All power being generated goes to the house first. If you generate more power than you are using it will go through a net meter which keeps track of all power going into the house and back out of the house.
Commissioner Evans asked if there is any testing to determine the wind velocity in their location.
Mr. Furman said yes, they do testing. South Jordan is one of the areas that gets the wind velocity.
He showed a picture of the actual turbine to be installed.
Commissioner Tominey asked about the noise level at 51 feet. If this is running at maximum speed, what is the noise level?
Mr. Furman said when it is on a slow speed there is a low hum. As it increases in speed the noise dulls. If you are inside a home, you will never hear it. The decibel is very low, it is under 60 dv.
Commissioner Evans asked about liability insurance and maintenance of the unit.
Mr. Furman said we do insure the item. He said these towers will not fall over and there is no maintenance on this turbine.
Chairman Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.
Assistant City Attorney Loose said Mr. Woolley just received a call from the applicant and he said he was on his way here when his car broke down. That is why he was not able to be present.
E.2. Potential Action Item – (See V. E.1.)
Commissioner Pugmire made a motion to approve File # CUP-2009.13, Conditional Use Permit Application to permit a Wind turbine on property located at 1948 West Ingot Drive, Lynn and Gayla Nielsen (applicants) with the conditions listed by staff. Commissioner Wood seconded the motion. Roll Call Vote was unanimous in favor.
VI. PUBLIC HEARINGS AND POTENTIAL *LEGISLATIVE ACTION ITEMS
*Legislative Action = More Discretion, Reasonably Debatable (Subjective Standard)
None
Commissioner Tominey motioned to adjourn. Commissioner Pugmire seconded the motion. Motion was unanimous in favor.
ADJOURNMENT
The July 28, 2009 Planning Commission Meeting adjourned at 8:10 p.m.
This is a true and correct copy of the July 28, 2009 Planning Commission meeting minutes, which were approved on August 11, 2009.
South Jordan City Recorder