AGENDA

CITY OF SOUTH JORDAN

PLANNING COMISSION MEETING

COUNCIL CHAMBERS

October 13, 2009

Present: Chairman Linda Auger, Commissioner Kevin Tominey, Commissioner Paul Pugmire, Commissioner David Wood, Commissioner Beverly Evans, Community Development Director George Shaw, City Planner Greg Schindler, t City Attorney Rob Wall, Assistant City Engineer Shane Greenwood, Deputy City Recorder Cindy Valdez.

Others: Geovanni Perez, Gregory A. Cates, Julie, Thomas, Brett Rosen, David Gray, Natalie Gray, Gary Howland, Lynn Holt, Lola Marsh, Melinda Poulson, April Naidu, Sunil, Naidu, Jennifer Rutherford, Jen Yates, Scott Kaufmann, Kyle Clark, Stacey Clark, Dustin Chaffin, George Frioux, Dwayne Wooley, Ann Pells, Steve Glezos, Todd, Gonzales, Christy Susdin, Stephen Grann, K. Larsen, K. Jack, Kristen Anderson, Caroline Sargent, Jen Stoch.

6:30 P.M.

REGULAR MEETING

I. GENERAL BUSINESS

A. Welcome and Roll Call

Chair Linda Auger welcomed everyone attending tonight’s Planning Commission Meeting

B. Motion to Approve Agenda

Commissioner David Wood made a motion to approve the October 13, 2009 Planning Commission Agenda. Commissioner Kevin Tominey seconded the motion. Vote was unanimous in favor.

C. Approval of the Minutes from the Meeting held on September 22, 2009

Commissioner Kevin Tominey made a motion to approve the September 22, 2009 Planning Commission meeting minutes as printed. Commissioner David Wood seconded the motion. Vote was unanimous in favor.

II. INFORMATIONAL ITEMS AND OTHER BUSINESS

A. CALENDARING ITEMS

Community Development Director George Shaw reminded everyone of the upcoming Vision Planning Meeting scheduled for October 14, 2009 at 5:45 p.m. and it will be over at the Municipal Services Building (Public Works).

B. COMMENTS FROM PLANNING COMMISSION MEMBERS

None

C. STAFF BUSINESS.

None

D. NEW BUSINESS

None

III. CITIZEN COMMENT

None

IV. PUBLIC HEARINGS AND POTENTIAL *LEGISLATIVE ACTION ITEMS

*Legislative Action = More Discretion, Reasonably Debatable (Subjective Standard)

A.1. File # LUA-2009.04, Future Land Use Map Application, from Commercial to Office Space and File # REZ-2009.05, Rezone Application from A-1 (Agricultural Zone, one acre minimum lot size) to O-S (Office-Space), Tyler Howland, (applicant).

Community Development Director George Shaw reviewed all background information on this item. This item was previously presented before the Planning Commission and the City Council on the 8^th and the 16^th of September of this year. The Planning Commission had unanimously recommended approval of the item, however, the City Council had some reservations concerning the commercial zoning due to it being in such close proximity to a couple of residential properties. Staff was directed to explore alternatives. After an evaluation of several different options, staff found the office zoning to be the best suitable option for this location.

Gary Howland, 9450 Redwood Rd. South Jordan, Utah – said I was at the meeting and do not recall anyone objecting to the commercial use. There was one individual that attended that would like to see it go commercial. The Council was concerned that if they allowed the commercial zone, in the future somebody may acquire this property and then turn it into a commercial use.

Chairman Linda Auger opened the Public Hearing to comments.

Geovanni Perez, 9438 S. Redwood Rd South Jordan, Utah – said I live two doors down from the applicant, as Mr. Howland stated there was only one person in attendance at the Open House that expressed an opinion, and that was me. I was giving my support for the commercial zoning, so it puzzles me as to why they are changing the zoning application. I believe the change has come because Mr. Howland is using his office and conducting business, but at the same time, he would like to retain the general vicinity as residential to protect his property. He stated this in the Public Meeting and I stated in that same meeting that he cannot have his cake and eat it too. If he is going to conduct business there, that has to be allowed for the rest of us who may have that as an option in the future. We are resident’s that have been there for a long time, even before he moved in. I am in support of the first application for the commercial zone, not the second application.

Chairman Linda Auger closed the Public Hearing.

Development Director George Shaw said as you know we initially recommended a commercial zoning. The Commission also recommended that to City Council after a Public Hearing. As you are aware, the Council makes the final decision on matters regarding zonings and land use amendments. The Commission can only make a recommendation to City Council. We were directed by the Council to look at a different zone. You have the option of looking at our recommendation, accepting it, passing it on, or going back to your original recommendation. Mr. Perez does raise an interesting issue how this change might affect other properties in the area as well as his own. We don’t know how this is going to happen, but we are right in the middle of a general plan change with land use proposals that may or may not affect this property as well. There are some unanswered questions there, but we are doing what we were directed to do as staff by bringing this back to you for further consideration.

Commissioner Kevin Tominey asked if the new Master Plan that we are working on currently shows those same parcels mastered for commercial?

City Planner Greg Schindler said currently the future land use map still shows it that way.

Commissioner Kevin Tominey asked if City Council is recommending that at some point when we do the Master Plan, we change that entire piece?

Community Development Director George Shaw said this is one of the discussions we will have tomorrow night in the General Plan Workshop. We will be discussing changes to the land use map based on the previous workshop. This will be one item that we will need to discuss and decide when it goes public, is it going to show as office or commercial zone. You identified the issue I just brought up and how do we deal with that. Just because it is shown on the future land use proposed map, it still has to go through a public process and can still be changed during that process, or in the actual Public Hearing is when the general plan is actually adopted, so there are actually two opportunities to look at this before it is a done deal.

Commissioner Kevin Tominey said in reviewing what is allowed on commercial and what it allowed on office, the office is a lot less intrusive than commercial. You can put some pretty heavy duty stuff on commercial, especially where the neighborhood behind it would stay residential. I am just thinking that it actually serves the neighborhood much better if it is office service as opposed to commercial; we just went that way because that is the way it was mastered.

Commissioner Paul Pugmire said I appreciate the applicants stated intention, but I think we need to keep focused on the fact that what we change will out last him. I agree with Commissioner Tominey about the impact this will have on the remainder of the neighborhood, and we need to be cognizant of that. I think the office zone make more sense.

Chairman Linda Auger re-opened the Public Hearing for additional comments.

Geovanni Perez 9438 S. Redwood Rd South Jordan, Utah – said the decision that is made tonight will probably out last Mr. Howland. I would like to say in support of the neighbors that live on the street behind us, they are aware that this is a frontage road and the City probably has it master planned for it to be commercial property at some point. If you notice a couple of blocks down the street, there is a Child Care that is being constructed right now, so as far as affecting the neighbors, it already has started happening. If I were to buy a home, I have the freedom to choose where I buy my home, so I have to be cognizant that if I buy a home close to a commercial area that is something that I will have to live with. Mr. Howland is going to be conducting business, and business is business, whether it be real estate, or whatever, it is still business.

Chairman Linda Auger closed the Public Hearing.

A.2. Potential Action Item – (See IV. A.1.)

Commissioner Kevin Tominey motioned to send a favorable recommendation to the City Council that they adopt Resolution R2009-34 approving the amendment to the Future Land Use Map and also 2009-05Z zoning change. Commissioner David Wood and Commissioner Beverly Evans seconded the motion. Roll Call vote was unanimous in favor.

V. PUBLIC HEARINGS AND POTENTIAL **ADMINISTRATIVE ACTION ITEMS

**Administrative Action = Less Discretion, Substantial Evidence (Objective Standard)

B.1. File # SUB-2009.31, Preliminary Plat for Daybreak 11400 / MVC SE Commercial # 1 Subdivision, located at approximately 11600 South 5200 West, Kennecott Land Company, (applicant).

City Planner Greg Schindler reviewed background information on this item.

Scott Kaufmann, 4700 Daybreak Parkway South Jordan, Utah – said I am here tonight presenting Kennecott Land, I appreciate your time and certainly your fairness of the staff report, but I would like to make one clarification on the notes. There is a proposed use on the Agenda for discussion at this time. Just in the interest of disclosure, one of the three parcels that we will be seeking to subdivide would be “intended use on convenient store”. I just thought that was worth noting. When we look at a land plan, whether it is a quarter acre or forty two hundred acres across Daybreak, we take quite a bit of time and care in our Master Planning efforts. This particular sight happens to be at the South East corner quadrant of the 11400 Daybreak Parkway and Mountain View Corridor intersection. This is within our plan, the most intensive intersection in Daybreak, from a traffic count standpoint, and some of the intended uses. Mountain View Corridor, Daybreak Parkway, and the Trax Station, all of these things are very much in proximate to the location that is on the table. In addition to that, we have always in all of our Master Plan and Land Use documents, shown this area as a commercial use, mixed use commercial, and as we go north into a town center type commercial major employment center. We master plan around the types of uses that we in-vision in the future, but as we do some of those master planning, we don’t drill down on specific uses it is really an opportunity based planning. Some of the reservations for what we know will be larger intensive uses, like Employment Centers, or a proposed Medical Center that will be in front of you guys shortly, which is very large scale commercial development. There are some adjacency issues with some of the sights we propose, we would hold open houses to address some of those concerns, and work with staff to go through some of the considerations such as; drill down on to the roads, traffic alignments, and other aesthetics type elements that you might be concerned about. When we do have conflicts or adjacency matters, we are open to thoughts and try to mitigate those as soon as possible. We think we are doing a good job in our land planning efforts, both in forward thinking aspects of how we demonstrate what we in- vision it to become, and then how we drill down into the actual uses, so we affectively deliver it on the ground. We will continue once we go through a subdivision, and we have actual uses worked through your staff process to go through site plan approvals, and other zoning requirements that might be appropriate for the site.

Chairman Linda Auger asked Mr. Kaufmann if he had a Public Meeting regarding this and what was the turn out.

Mr. Kaufmann said the turnout was more than we expected, but we were not expecting much. We felt like the subdivision of a parcel of this size, down to three parcels of the size we are talking about, wasn’t all that notable so it exceeded our expectations.

Chairman Linda Auger asked Mr. Kaufmann if this project site has been on your Master Plan for an extended period of time, or is there something you just recently changed?

Mr. Kaufmann said from a land use stand point, it is very similar to how the City unrolls your land use plan across the city. This color designation for the type of use, has been available and at every Open House since at least 2005.

Commissioner Paul Pugmire asked Mr. Kaufmann .where he advertise the Open House?

Mr. Kaufmann said the City sent out a notification within the 300 ft boundary to all property owners. We also made a phone call earlier that day to Early Light Academy to make sure they were aware of the mailing that was sent out.

Commission Paul Pugmire said I would like to make it known on record that my son attends Early Light Academy.

Chairman Linda Auger opened the Public Hearing to comments.

David Gunnis, 11619 Grandville Ave South Jordan, Utah – said I live within walking distance of Early Light Academy. I have 2 children that attend Early Light Academy, my 9yr old daughter and my 7 yr old son. My wife and I love living in Daybreak and we feel that Kennecott Land is doing an outstanding job with land planning and I commend them. I also have a background in Real Estate Development myself, having studied Land and Real Estate Development. However I am opposed to what they have planned for that specific lot and that is a Maverick Gas Station. I am very concerned about having a gas station that is really directly adjacent to the Early Light Academy. I think the traffic that it will attract is inappropriate. I think it is appropriate to have a gas station a short distance away, I think that would be more appropriate in my opinion.

Allen Massor, 14386 S Bluffdale, Utah – said I have 2 children that attend Early Light Academy. I think Kennecott has done a great job developing the subdivision. I do disagree with the location of this Maverick Store, it is directly across the street where my son goes to pre-school. That area right there is also and unloading zone for that part of the school. I think with a Maverick there, you will have 24 hr traffic. I also think there will be things sold there and would attract certain people during the day that would be purchasing things such as alcoholic beverages. I do not think that is appropriate to be across the street from a school. I guess down the street would be fine. I do object to having this Maverick Store 50 ft away from a school.

Melinda Poulson, 11591 Roselann South Jordan, Utah – said I am the President of Early Light Academy’s Parent Teachers Organization. Specifically concerning the subdivision, regardless of what is going in there, we would like to see fewer businesses within that close of proximity to the school. If you could please pose the subdivision so that we only have traffic from one business within that school, we already have traffic flow issues. That area is a main drop off zone and we already have traffic issues. This is very concerning from many of the parents that I have already received many emails from. We would like to express that regardless of what business goes in there, we would rather have one business there instead of three.

David Gray, 11076 S. Manitouway South Jordan, Utah – said I love living in Daybreak, just like everyone has said. But I am very disappointed in Rio Tinto and Kennecott for wanting to put a gas station right next to a Charter School. I do not understand this decision, there are a lot of other things they could be done. We have already seen tonight where they have changed commercial space to office space. I would much rather see some type of office’s in that space, versus any kind of commercial. There would be alcohol and cigarettes that would be readily available, not to mention the kind of people that would be hanging out at a gas station. I do not want my four children that attend Early Light Academy to have any contact with this. I don’t think it will be safe, if anyone has tried to pick their children up at Early Light Academy, it is like driving in the NASCAR. You have to be very attentive or you are going to get hit, and adding a gas station there is going to make the traffic worse. I would not pick my kids up there, I will have them walk to another location for pick up, and that is really unfortunate for the kids. It is also disappointing that they sent out such short notice, they would have had probably three times that in attendance if they had not held it on Back to School night, and I think they knew that.

Ann Pells, 11657 Engot Way South Jordan, Utah – said we have purposely put our children at this school after trying many schools, from private, public to charter. I am of the same opinion that has been addressed. I am concerned about having a gas station there. What has been said about the traffic is very true it is quite an adventure to pick my children up from school every day. I am also concerned about having a convenient store in that location. It would be different if it was a gas station that does not have a store attached. I also agree that there would have been a better turn out at the Open House if they had not held it on the same night as parent teacher conference.

Kyle Clark, 10924 S. Dune Grass Drive South Jordan, Utah – said I am actually here for another item on the Agenda, but since I am here, I would like it to be known that my wife and I Stacy Clark concur with the other people that have spoken about the proximity of this convenient store being placed right next to the school. We have a daughter that attends this school and I concur with the issues that will arise with the gas station being put there. I want it to be known that we are not in favor of this motion.

Jennifer Rutherford, 111 E State Highway Copperton, Utah – said I also have two children that attend Early Light Academy and I am quite concerned about the gas station they want to put in this location. I do understand that tonight does not have as much to do with the gas station, it is mainly about the splitting of the property, but there are so many other places they could put this gas station, this is Kennecott Land, I mean no disrespect, I just think they could do something better. The traffic is another issue that has already been addressed, and I agree it is terrible. This street is not a large street like what you are used to seeing in South Jordan, This is a small neighborhood street, so generally there are cars parked on both sides and there is only room for a car and a half to get through.

Chairman Linda Auger closed the Public Hearing.

Chairman Linda Auger said I noticed that most of you are opposing the gas station, but as you know that is not the topic of our discussion tonight. As The Planning Commission we are held under an Administrative item and that means we have to follow the codes and ordinances of the City of South Jordan. When it becomes a site plan and they start telling us what is going to go where, that is when we can more of a discussion and talk more about the concerns over the Maverick. Tonight our discussion among the Commissioners has to stay related to the topic, which is dividing the subdivision of the land. If we don’t give you the answer that you want, or you don’t hear us discussing it, it is not that what you have said has fallen on deaf ears it is that as a Commission we have to follow what has been put before us.

Commissioner Kevin Tominey said on the Zone Map it is showing this as PC zoned, but with town designation. That means everything you see that is colored on this map, is town zoned. It has already been zoned for this, and that is what they can put there. This category is designed for high density mixed use development that emphasizes office, commercial, recreational, but also includes, residential, single and multi-family, public, semi-public and industrial open space uses. This category may also accommodate gross residential density of 50 units an acre. That is what it has already been zoned for, that means if they ask for anything that is on that list, we cannot by law stop them without being sued as a City. My suggestion is that if you want something different in that location, you have got to go to Kennecott and let your voices be heard.

Commissioner Paul Pugmire asked what the distance limits are in statute for putting a church or school near a store selling alcohol.

City Attorney Rob Wall said the law states 300 ft for beer and 1,000 ft for alcohol. This type of use would not allow alcohol, so they would be selling beer only and that is measured 300 ft from the front door.

Commissioner David Wood said while we are only discussing a neighborhood here, I must say as a Planning Commission we are always thrilled when the citizens come out to comment on something. This is the life blood of what South Jordan is all about, and when you take the time to come out it is fabulous. While we cannot address this specific concern tonight in the way you want, I think Kennecott has heard loud and clear, and should hear more, from more of you, and more frequently about what you want your community to be. They are a responsive unit. They are a good citizen of South Jordan. They have done well with what they have done in their developments. I believe you will find them to be responsive to the comments that you make, so we would encourage you from here to continue this effort. We appreciate you coming out tonight.

B.2. Potential Action Item – (See V. B.1.)

Commissioner Beverly Evans motioned to recommend approval to City Council for File # SUB-2009.31. Commissioner Kevin Tominey seconded the motion. Roll Call Vote was unanimous in favor.

C.1. File # CUP-2009.16, Conditional Use Permit Application to install new antennas and ground equipment on the existing cell tower site at the Elk Ridge Middle School, generally located at 3647 West 9800 South, Stephen Crain (applicant).

Planner Brad Sanderson reviewed all background information on this item.

Chairman Linda Auger opened the Public Hearing for comments. There were none. She closed the Public Hearing.

Commissioner David Wood said I think that every time we have a cell tower that is within the view of a residential area, it should be stealth in some way, because anything is better than an industrial looking cell tower, from a residential view point.

C.2. Potential Action Item – (See V. C.1.)

Commissioner Kevin Tominey motioned to approve File # CUP-2009.16 Condition Use Permit

With two recommendations from staff. Commissioner Paul Pugmire seconded the motion.

Roll Call Vote was unanimous in favor.

D.1. File # SUB-2009.32, Preliminary Plat for Daybreak Bingham Creek Subdivision, located at approximately 10400 South between 5200 and 7200 West, Kennecott Land Company, (applicant).

City Planner Greg Schindler reviewed all background information on this item.

Rulund Dutson, 4700 Daybreak Parkway South Jordan, Utah – said I would like to commend staff on the preparation of the application and their report. There are a number of things that City Planner Greg Schindler mentioned that I would like to emphasize for the Commissions understanding. This is an area that has been identified in both our Master Plan, and in the City’s recent parks and open space plan, as an open space corridor, and that is fully our intentions there. As City Planner Greg Schindler mentioned the reason we have divided up these lots, is it provides maximum flexibility for both Kennecott Land as well as the City, as we jointly planned for that open space corridor. I don’t know how many of you have had an opportunity to walk that section, but in Daybreak we think it is a unique opportunity. Staff also feels that it is a neat and unique place, and will make a valuable contribution to not only the neighborhood atmosphere recreationally, but also for the community of South Jordan. There are two gaps in this planning, one is the Mountain View Corridor and the other is the Trax line. I think the Trax line was an example of a priority of the City, and a priority of Daybreak as a community is to work with UTA, in this case when they put their crossing in, it went from a berm with a track on top, to something very nice that provides pedestrian access that does not come on grade, but actually goes through the cut out to Dugway and is very nice. This is something that we have been committed to, we put some additional funds toward that crossing, as did the City and I think that reflects our commitment to Bingham Creek as an open space corridor. As noted here on the plat, there would be a trail system constructed within that area. We have absolutely no problem with adding that to the plan, we fully anticipated that would be preserved as an open space corridor.

Commissioner David Wood said this seems to be a noteworthy kind of exercise, and we would agree that it makes a lot of sense to preserve this area. I am just curios why the relatively large number of small sliced sections, how does that work to your advantage.

Mr. Dutson said there was not determination of a specific number, to the best of my knowledge. But what it does provide is maximum flexibility in terms of how those lines can be adjusted.

Commissioner Paul Pugmire said I am convinced that preservation of our water ways whether it be the Jordan, Bingham Creek or any other opportunities, this will be the thing that matters to people 100 years from now, based on the decisions we make today. Everything else we talk about has a life span of 20, 30 or 40 years, and then it is re-developed. Preserving and treating right our water ways, is something that will matter for generations to come. If we get this right, they will look back at our time and thank us for the decisions we made.

Chairman Linda Auger opened the Public Hearing to comments.

Duane Wooley, 10477 Culmination Street South Jordan, Utah – said I am a resident of South Jordan and also general manager of Trans Jordan Landfill, which this is immediately adjacent. We would just like to say that we are in support of the open concept of the parks and other areas. We encourage the City, and Kennecott to continue to work with us as we master plan the future end life of the landfill by incorporating the open space concept.

Chairman Linda Auger closed the Public Hearing.

D.2. Potential Action Item – (See V. D.1.)

Commissioner David Wood motioned to approve File No.SUB-2009.32 Preliminary Plat for Daybreak Bingham Creek Subdivision with 2 staff recommendations. Commissioner Paul Pugmire seconded the motion. Roll Call Vote was unanimous in favor.

E.1. File # SUB-2009.28, Preliminary Subdivision / Conditional Use Permit Application to subdivide a 18.86 acre parcel into thirty three individual residential lots and two additional remaining parcels “A & B” on property generally located at 11107 South River Heights Drive, zoned as BH-MU, Patrick Moffat, (applicant).

Planner Brad Sanderson reviewed all background information on this item.

Commissioner David Wood said is it the view of staff, that we have appetite for this product in the City. These are very small homes and very small lots.

Planner Brad Sanderson said staff is supportive of the smaller lots. The product that you see is similar to what you see in Daybreak. I think there is a demand for it, but the quality of the product is maybe what staff is having a little bit of heartburn over. There are several issues with the design that we have been going back and forth between staff and the applicant and trying to work them out.

Commissioner David Wood said, when you look at the intended use for phases 2 and 3, you have several cul-de-sacs there, which are not the objective of our future land use. We are looking for inner plan activity; do you have any comment on this?

Community Development Director George Shaw said we have looked at the second phase as part of our Development Review Committee, and we have discussed the possibility of re-designing that project. In some cases cul-de-sacs are the only way that the property can be subdivided. My concern with the layout is there are too many back facing lots, which creates its own problem with walls, landscaping and maintenance. I think someone in the engineering department was going to take a shot at re-designing that a little bit. If we can get rid of the cul-de-sacs, that would be fine, be we at least want to get rid of the back facing lots. We think we can achieve a better design.

Commissioner Paul Pugmire said “there has been no land set aside for parks or open space in this project.”

Planner Brad Sanderson said, no there is none.

Patrick Moffet, 90 So 400 # 200 Salt Lake City, Utah – said I would like to mention, Planner Brad Sanderson has correctly described the application as it sits in your packet. However since our Architectural Review control meeting last week, based on discussions we would like to propose a change on 12 of the Mid Cottages that are mandatory, but actually 26 of the lots that are a part of this first phase will be the Mid Cottage product, we are looking at making many of these lots an alley loaded product. The lots between 109 and 118 we would like to put an alley on the back side of each of these lots, which would then be fed off of an alley, and would make them more like a traditional neighborhood development. In addition we are looking at putting an alley behind lots 125 to 133, and coming out on the east side of 133, so those lots would be alley fed as well. The lots 101 thru 108 would be the mid cottage or that rear loaded product served by shared driveways. We feel that would help create that walk-able urban feel we are trying to achieve. We have been asked how we thought this would interface, and we feel it would interface quite well. On the other side we have Garbette and their Tax Product, so it does create a little bit of a buffer transition zone. The other issue we would like to discuss is the three times the rock and brick on the perimeter, that staff has recommended on the Cottage product. The architecture of this product is more prairie farmhouse type architecture; could we put rock and brick on it, sure, will it look as good as the architecture it is suppose to be, that may debatable. On the remaining seven lots which would be the Faith or the Francis, we have a rendering of what it would look like with three times the rock and brick, frankly I think on this little footprint with three times the rock and brick, it does get to be a little much, but we can have a discussion regarding it. On the garages, the red loaded products are 20 x 22 feet, where they are red loaded we are hopeful that we can make them so you do not see the garages. We are hoping we can generate some excitement and support from the Commission on this product.

Chairman Linda Auger said I am concerned because I live just north of the Oquirrh Mountain Temple where we gave a conditional use permit to build those homes. They started building them, and now they just sit there vacant. There is no finished product, and with the weeds they look really bad. I guess what I want to know, is there and appetite for this kind of product.

Mr. Moffet said “yes” in-fact we already have a buyer that is here tonight. They would start building tomorrow if they could get these lots. The reason we have a buyer is it is a smaller product, so we are supplementing the lots. They are paying a lot less money than they would have three years ago, so it makes sense for them to buy at this time.

Ben Sewitney, 13767 Blue Admiral Dr. Riverton, Utah – said I represent Richmond American Homes. We currently have this project under contract for 33 lots with the Boyer Company. The garage doors are in production right now, we can change the garage on the Mid Cottages, but the Francis and Feona are set in stone. We have a centralized architecture in Denver, and everything has to go through them, they run value engineering on the doors and things of that nature.

Planner Brad Sanderson said he would like to speak on behalf of what Mr. Sewitney just said. They did actually submit a proposal yesterday that did show the alleys. It was conceptual, so I don’t know that we will hold them to this. Down under the lots it shows an alley going all the way through from this road, straight through to what is called Summer Heights Drive, and he did mention that he would shorten that up. Along the north side, those lots were proposed to have a 10 ft wide alley, which is pretty minimal. Our engineering department has mentioned to me very clearly, that they have some concerns with this, because it was recently submitted they would like some time to review it.

Commissioner Beverly Evans said I have a concern that we a little premature in trying to look at this. We still have a lot of unanswered questions that have to be clarified, because you are pretty vague on a lot of the changes.

Mr. Moffett said I don’t disagree, I think we are just trying to respond to the comments that were made last week at the Architectural Review meeting.

Commissioner Beverly Evans said I just think we need to give you some time to go back and work on this, before we try to make a decision on this item.

Chairman Linda Auger said I agree with Commissioner Evans. I just don’t think we have a complete project in front of us to make a decision tonight.

Commissioner Paul Pugmire said I share both Chairman Linda Auger and Commissioner Beverly Evans view.

Commissioner David Wood said I also share the same view.

Chairman Linda Auger opened the Public Hearing to comments.

Kevin Larsen, 11306 S. Via Bonito Dr. South Jordan, Utah – said I completely agree this is not even game time ready. I have a couple of particular concerns. It’s seems to be persistent that in this area they are just jammed, trying to get things in, making them smaller and trying to get the people in them. I am not just concerned about this plan, even the second plan, I am also concerned about the overall plan and if there is a need for this product in that area. There already is a Daybreak development with very small homes and rear entry garages. The difference between that spot and this spot is, they have Pads, Parks and Green areas and have none of that down in this spot. They have major thoroughfares in between all of that, so you cannot get to it that easily. I completely disagree I don’t think there is a demand for this product, in that area. They are promoting young families, and very small tiny homes, with no place to play. This is also a very inconsistent design with the rest of the neighborhood. There was only one design that was even close, and it is still fairly small. I do not think this product fits in this area of South Jordan. I am here because a neighbor reminded me that this meeting was happening. I was not properly noticed and I don’t know how many other people in the neighborhood were not noticed either, maybe there would have been a better turn out here tonight if we had been notified.

Chairman Linda Auger said to Mr. Larsen, you many want to check with Community Development Director George Shaw after this meeting, to see what your distance is, and if you meet the requirement to be noticed.

Nina Trion, 3584 Sammy Ridge Drive South Jordan, Utah – said I share the same concerns as the speaker before. I was really concerned about what was going to be put in this area. I don’t feel that the size of the lots fit in with the neighborhood; we already have the Garbette Town Homes in this area. When you drive into the District on 11400 S to get in and out, there is constant congestion with cars, and it is going to get worse. I agree this type of home is in Daybreak and I think they should stay in Daybreak. I would encourage the Commission to not approve this plan tonight.

Tray Stokes, 11297 Via Bonita Drive South Jordan, Utah – said I have stood here numerous times over the last 5 years as the District and the District north have been put in place. I have expressed my concerns on numerous occasions. I have also supported some of these developments; unfortunately I am struggling with this one. There are some positives, and there are some negatives. The positives are that they have City streets that are City maintained, and built to City standards. The thing that I am struggling with is the lot sizes. Two years ago the previous development that was proposed was pretty good and I completely supported. It had lot sizes up to 1/3 acres and seemed to be a good fit for the neighborhood, and we as neighbors thought it would enhance the neighborhood. With this project I am not there yet. IF the lots were increased in size a little bit and made deeper, that alley way may be a good option. You already have really tiny lots there, very small setbacks and to put an alley way there, you will be eating up more green space and more of the yard. I am not convinced with the lot sizes that you could put an alley way in. I would really hope that you as staff and the Commissioners would ask the developer to take another look at this before it is approved.

April Naidu, 3792 Mandralee View Court South Jordan, Utah – said I would like to reiterate some of the same concerns. I had the opportunity to sit down with Planner Brad Sanderson today to have him answer some of my questions. It turns out the concerns that I had, are some of the concerns staff has and some of the concerns you have expressed yourselves. I was surprised there were no minimum lot size or density requirements. I also work for a City that has a different set of rules. Some of the other concerns that I had, was seeing that sea of concrete in the front yard, with the garages on the front. They are also very narrow, the 45ft width with a 5ft minimum size setback on each side, so you are left with 35 ft of width to put a home in. I do live in a Town Home, so to me that would be just splitting them in half and setting them 10ft apart to me have and awkward feel. It looks like they are supposed to be one unit. I think some of the renderings that were in the packet, of the product they were proposing, was a little misleading in the fact that, it showed more open space than what would be there. I would encourage you that if this is what is going to be developed, we make sure it is a good quality, and it fits in with, and maintains the value and the aesthetics of the surrounding developments.

Chairman Linda Auger closed the Public Hearing.

Commissioner Evans said in looking at this, I think there could be a compromise that would be more palatable for everyone within the neighborhood. If they are planning on a small family home there just isn’t much space for the children to play.

Commissioner Kevin Tominey said I think the intention is pretty clear when we talk about there being a need or desire for this product. What we are talking about is a house from a $170,000 to the low $200,000 and to try and build that as nice as they can, but still meet that price point and put as many on a piece of property as possible. I don’t mean to sound unsympathetic, but the developer right now has holding charges he has been covering the cost of the property for a very long time. If we would reel this back from the emotion, and look at what are allowed and not allowed to do from a conditional use standpoint. We could deny it because it is unlawful or because it would negatively affect the property values, or the quality of life, or welfare of the citizens. It would create or pose a nuisance as far and noise, vibration, light, odor, fumes, dust, etc. The proposed uses found to be incompatible or architecturally inconsistent with neighboring uses, and conditions of approval could not reasonably mitigate the negative impacts of the proposed use, or the proposed use is not economically viable, or would negatively affect economic viability of the neighboring properties or the City in general. The bottom line is, I think there are serious issues with this product, the lot sizes, the home sizes, there are just so many things we could talk about regarding this and I just don’t think it is the right project. I don’t know if we should table, deny or approve it.

Chairman Linda Auger said I think we should table it. I just don’t think what has been presented to us is complete.

Commissioner Paul Pugmire said there are so many reasons not to like this product the way it has been laid out, but the one thing that echo’s in my mind is what Mr. Larsen said, this product is not even game ready. I am not ready to cast a vote on this item. If they want to bring back something different that would be great, but we don’t have a complete plan before us at this time.

Commissioner David Wood said, what I think has happened here, is that Mr. Moffet needs to move this product, and the only way this property is going to move is under the financial dynamics that have been constructed with this proposal. Otherwise Richmond American is not going to be interested with this product, because they will not be able to make the numbers work, and that approach is at the expense of The City South Jordan, and the residents. We do not have a proposal here tonight that is complete, and totally thought through, so I do not think that we should be in a rush to approve this tonight.

E.2. Potential Action Item – (See V. E.1.)

Commissioner Beverly Evans Motioned to Table File No. SUB-2009.28 Preliminary Subdivision/Conditional Use Permit until the developer chooses to bring it back to The Planning Commission. Commissioner Paul Pugmire seconded the motion. Roll Call Vote was unanimous in favor.

F.1. File #SUB-2009.33, Preliminary Plat for Daybreak VC1 Condominium Subdivision, located at approximately 11150 South 4800 West, Kennecott Land Company (applicant).

Planner Greg Schindler reviewed all background information on this item.

Commissioner David Wood asked what the approximate density is with an Assisted Living Center.

Planner Greg Schindler said when it comes to an Assisted Living Center we usually don’t calculate it as a residential density. It is a commercial use, rather than a residential type use.

Rulon Dutson 4700 Daybreak Parkway South Jordan, Utah – said we appreciate staff and their willingness help prepare this report and your consideration. We are here to answer any questions that you may have.

Commissioner Paul Pugmire asked Mr. Dutson if they have a buyer in mind.

Mr. Dutson said “yes” we feel like we have an opportunity at this time.

Chairman Linda Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.

F.2. Potential Action Item – (See V. F.1.)

Commissioner Kevin Tominey motioned to approve File No. SUB 2009.33, Preliminary Plat for Daybreak with the staff recommendations. Commissioner Paul Pugmire seconded the motion. Roll Call Vote was unanimous in favor.

G.1. File # SUB-Amend-2009.29, application to amend the Cambridge Village Office Condominium Park, withdrawing buildings six, seven, and eight and subdivide the condominium plat creating a additional .79 acre parcel on property generally located at 1684 West Reunion Avenue, zoned as MU-R&D, George Frioux, (applicant).

Planner Brad Sanderson reviewed all background information on this item.

Chairman Linda Auger opened the Public Hearing to comments.

Glen Holt, 10041 S. 1700 W. South Jordan, Utah – said I would like to know if they are going to eliminate 6,7,8 what are they going to put in that place.

Chairman Linda Auger said Mr. Holt in the presentation Planner Brad Sanderson said they would just expand their business in place of buildings 6, 7 and 8.

Mr. Holt said I thought buildings 6, 7 and 8 were already adjacent to the property. Is this the piece of property that has the for sale sign on it?

George Frioux, 1600 W. Merit Parkway – said I would like to thank the Commission for letting me come forward, and I would like to congratulate your great staff, Brad Sanderson has been great to work with, and your staff has been a delight. There is a For Sale sign on the parcel that will stay on the property until we get everything accomplished; it is conditional on the purchase of the property.

Commissioner Kevin Tominey said to Mr. Frioux, do you already own the adjacent property?

Mr. Frioux said that is correct.

Chairman Linda Auger closed the Public Hearing.

G.2. Potential Action Item – (See V. G.1.)

Commissioner David Wood motioned to approve File No. SUB-Amend-2009.29 application to amend the Cambridge Village office condominium park withdrawing building six, seven & eight and subdivide the condominium plat creating an additional .79 acre parcel on property generally located at 1684 West Reunion Avenue, zoned ad MU-R & D with staff recommendations. Commissioner Kevin Tominey seconded the motion. Roll Call Vote passed unanimous in favor.

H.1. File # SUB-Amend-2009.36, Application to Amend South Jordan High Pointe Phases 1, 4, and 5, dedicating all private roads and parks within said phases to public use and maintenance; generally located at 10800 South 4000 West, zoned as RM-5, Steve Glezos, (applicant).

Assistant City Engineer Shane Greenwood said to the Commissioners at the beginning of the meeting I passed out to each of you a copy of the memo that is referred to in the staff report. He then reviewed all background information on this item.

Commissioner Kevin Tominey said I don’t know why we would want to take these over at all. They do PUD’s so they can get smaller lots, smaller roads and cheapen these things down and then, when things go bad they hand it back to us, and want us to make it right.

Assistant City Engineer Shane Greenwood said we are seeing this more and more that with a PUD they are requesting that the Cities takeover. I guess in this situation, where the City roads have been constructed to city standards, we have inspected them, it would be best to take them over now, before they go bad.

Chairman Linda Auger said living in a PUD that would like the City to take over, because some of the stuff has gone bad. I know it is difficult for the City to do that, however, living in those areas where the original construction, for what ever reason, because maybe it was a PUD, high density or whatever, the standard is lower. We have homes in my area, where the steps are falling apart or roads that have had to be assessed, because we have had to pay for our roads. It is a double edge sword because the residents move in there and the HOA can’t maintain it. However if we let these go I don’t think it is an advantage to the aesthetics or to the value of South Jordan.

Commissioner David Wood said is there any common area to this PUD?

Assistant City Engineer Shane Greenwood said in regards to Phases 1,4 & 5 there is some open space on the east side of the canal. It is between Bangerter Highway and their eastern property boundary, but that was previously dedicated to the City.

Community Director George Shaw said there is a private park at the end of the cul-de-sac on the south east corner that the City will be taking over as a Public Park.

Commissioner David Wood said I assume that Phases 2 and 3 are on the drawing board and have never really gone anywhere.

Assistant City Engineer Shane Greenwood said Phase 2 is the Church site that has already been developed. Phase 3 and 6 on both sides of Phase 4 are in the hopper; staff is in the process of reviewing them at this time.

Commissioner David Wood asked if at anytime these Phases come back to the City.

Assistant City Engineer Shane Greenwood said since the plats have not been approved as PUD’s they would be platted with regular public streets.

Assistant City Engineer Shane Greenwood said with regards to the memo that I distributed earlier, we are requiring that the developer accomplish those items that are listed, before we take it over. We are also going to require the developer to bond for those improvements and adjust the bond agreement so that it is less than the typical 2 years. We want them to take care of these items within 6 to 8 months, to get it up to where we are willing to take it over.

Commissioner Paul Pugmire asked if this item will be heard at City Council.

Community Development Director George Shaw said I don’t know if it has been put on an official Agenda or not, but this item will need to go to City Council for approval.

Commissioner Paul Pugmire said this is going to be a straight up budget issue. This is all about what the City Council is going to want to do with their budget relative to the street maintenance program, staffing, equipment, etc. There are limits to what we can do here at the Planning Commission, we do not deal with budget issues and this is going to affect the budget.

Steve Glezos, 796 E 5900 S. Salt Lake City, Utah – said I have with me tonight a student named Todd Gonzales from South Hills Middle School. He has been doing some shadowing with us, and tonight he will experience what happens at a Planning Commission Meeting.

Todd Gonzales stood up and introduced himself.

Mr. Gelzos said I would like to thank the Planning Commission and staff for your time and efforts; you are doing a great job for the City. There is a Park that is completed with picnic areas and everything else, which we will be dedicating to the City. There are also 2 additional phases which will be adding another 120 lots. We are in the process of doing the final platting on them and you should be seeing that in the next 60 to 90 days. All these roads are probably not more than a year old and have been built to City standards. From a road design stand point, the only thing not existing on both sides is side locks. As the staff and I have discussed, we have agreed to do some more landscaping on the one side to give a different effect. There is an additional 10 acres of open space that goes into the next phases; it should also improve and be dedicated to the City.

Chairman Linda Auger opened the Public Hearing to comments.

Dustin Chaffin, 3921 W Sand Lake Drive South Jordan, Utah 84095 – said I am one of the people that lives east of the Temple that looks like a junk yard. When I moved here to South Jordan to build a custom home, this wasn’t my expectation of what would happen. I wanted to make the point that we did not vote for an HOA, we did not even know there was going to be one. About half of the residents who bought, closed on property, and moved in, were never even told at closing, that there was going to be an HOA. A lot of them started to receive mail talking about an HOA and they were disregarding the mail, because they didn’t think they even had an HOA. I have felt from the very beginning the developer, and the management company have been less than honest. I was one of the first home owners, and I agree with the concerns that the City has. I think one of the concerns is liability, where these are private streets, obviously that limits your liability, and that is a good thing for the City. However, if nothing is done to the condition that it is now, it is a very dangerous place to live. The first year we lived there, we had no snow removal at all, and I saw my neighbor Stacy at 5:30 in the morning shovel 2 tracks over a block to get out on 4000 W. Now when they plow 4000 W. they dumped all the snow onto the outlet. The only way to get out of the neighborhood is to blow through the stop sign, and take your chances or you will get stuck. That first winter I pulled out 11 people who were stuck in the snow, and broke 2 tow ropes. If there were ever an emergency, and a fire truck or an ambulance had to get in there, it would never happen, it would end up on the local news. Down the street someone dumped some concrete, there is a big piece balanced on another piece of concrete. Kids from other neighborhoods have come and dug a fort under it, because they think it is cool, all of the residents are very concerned. I met with the City and the HOA Management several times to try and resolve this, but they say they do not know how to handle this, because this is not a situation that they see every day. The interesting thing about the HOA is their purpose is to make sure we do not have weeds that grow 8 ft tall I have 8 ft weeds growing on the side of my house; I had to rent a tractor and tear down all the weeds in the surrounding lots, because it was a fire hazard. Those are things the HOA is suppose to be doing, they should be managing the roads and doing snow removal, but none of this is being done. In my conversations with them, I personally feel they are in it for the money. This is a good gate for them, if the whole thing gets developed. My solution would be to disband the HOA. We pay full taxes in there and don’t get any credit, because these are private roads. Some of the articles state that there is an Architectural Committee made up of members to help approve homes, so we can avoid homes coming in at the $175,000.00 range. I don’t think that is going to be an issue, but I would like to suggest that anyway. I would like to ask that code enforcement be a little more active in many of these dangerous situations.

Stacey Clark, 10924 S. Dune Grass Drive South Jordan, Utah 84095 – said we live in the dead zone. That’s what our neighborhood is referred to, it’s the eye sore of the community. I totally agree with what Dustin Chaffin said, it is very dangerous in the winter, there was a family in the cul-de-sac, that were snowed in for 3 days, they could not get in or out. The weeds are terrible and out of control and it is a fire hazard. I don’t even let my kids go out and play except for in the back yard because there are so many dangerous areas and it is very trashy. We are one of the families that were very adamant that we did not want to live in a HOA, but when we had our two trucks packed and were at our closing, they informed us that there was an HOA, our house was already sold; what were we suppose to do. It has been a total nightmare and I would like to see the HOA dissolved.

Brett Rosen, 10937 Dune Grass Dr. South Jordan, Utah 84095 – said I thank you for the opportunity of being able to come and speak to you today. Ideally an HOA has its positives when it is done correctly, with a gated community, club house, Pool and you have a President of the HOA that works together with the residents. Then you don’t mind paying for that. But in our case we pay monthly for nothing, we don’t have a gated community or club house. We just barely received that park in phase 4 and it is way in the south east corner. When I asked about the park, I was told the only reason they were doing that park, was to sell that land. I would like to express some frustrating experiences that we have had in the last year and a half since we have lived there.

1. Our street lamps do not work; if you come into our neighborhood at night it is pitch dark on the streets. I called the Management Company and asked what we could do about this, I was told the original developer went bankrupt and owes Rocky Mountain Power a lot of money and until that is paid they will not turn the light back on.

2. We had a small road maintenance issue. It took me six months of calling the Maintenance Company weekly to get that issue taken care of. Every time I would call they would say it is bank owned and they have not given us the approval to fix it.

3. It is no secret that we have 8ft weeds. I dig a 3 ft barrier in the back of my house to try and keep the weeds out of my backyard. I have to do that every 2 month and I still lost the battle, my back yard is totally taken over with weeds. I called Code Enforcement, but because it is private property, they do not want to get involved. We have called our HOA, Code Enforcement and nobody wants to do anything about it, so we are paying taxes for nothing.

4. Snow removal is an issue that has already been addressed, but it is a big issue.

5. The issue was brought up regarding the budget for the City, but we are tax payers, and we pay the same as everyone else pays, so I think we deserve what everyone else is getting. We are tired of being called the ghetto, we did not move to South Jordan to be part of the ghetto, we move to South Jordan because it has the lowest poverty rate in the whole state. We thought we were moving into a good situation and in the last year and a half it has gone down hill.

Chairman Linda Auger closed the Public Hearing.

H.2. Potential Action Item – (See V. H.1.)

Commissioner Paul Pugmire motioned to approve File No.SUB-AMEND-2009.39 with staff recommendations. Commissioner Kevin Tominey seconded the motion. Roll Call Vote passed unanimously.

VI. OTHER BUSINESS

None

City Attorney Rob Wall made a clarification on the law regarding the distances for Community Buildings is what they are called in the City and State Codes, relative to beer sales. Up until two years ago there used to be a difference in the distances for hard liquor, versus beer, but legislature changed the law and consolidated everything. The standard is now 600 ft, whether it is retail, wholesale, beer for consumption off premises, as apposed to 300 ft. They also change the way the distance is measured, rather than door to door, it would be measured from the property line of the school, to the nearest entrance of what ever Daybreak decides to put on that property.

Commissioner Kevin Tominey motioned to adjourn. Commissioner David Wood seconded the motion. Vote was unanimous in favor.

ADJOURNMENT

The October 13, 2009 Planning Commission Meeting adjourned at 9:30 p.m.

Meeting minutes were prepared by Deputy City Recorder, Cindy Valdez.

This is a true and correct copy of the October 12, 2009 Planning Commission meeting minutes, which were approved on October 27, 2009.

South Jordan City Recorder