REGULAR PLANNING COMMISSION MEETING
Thursday, September 30, 2004 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Alan Petersen, Chair, Presiding
Commission Members: Carl Volden, Brendon Dayton. Eric Richardson (7:14 p.m.)
David Bunker, City Engineer
Kim Holindrake, City Recorder
Rodney Despain, City Planner
Courtney Hammond, City Meeting Transcriber
Others: Karissa Neely-New Utah, Keith Nielsen-The Cedars, Craig Nielsen-The Cedars, Jeff Austin, Marvin Watt-Elliot Fields, KaliWalker, Channing Walker, Tonya Morrison-Elliot Fields, Kyle Spencer-The Cedars, Roger Dudley (7:15 p.m.), Mike Marchbanks - Juniper Heights (7:35 p.m.), Al Schallenberg - Juniper Heights (7:55 p.m.)
1. This meeting of the Planning Commission of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order by C. Peterson at 7:12 p.m.
2. Approval of Minutes from the August 26, 2004, Regular Planning Commission Meeting (7:12 p.m.)
MOTION: C. Dayton - To approve the minutes from the August 26, 2004, Regular Planning Commission Meeting. Seconded by C. Volden.
Aye-C. Dayton
C. Petersen
C. Volden Motion passes.
3. Review/Recommendation on Final for The Cedars, Plats L, M, N and O (Vacation of Plat C) (7:13 p.m.)
See handouts.
• The Cedars Plats L, M, N and O are re-subdivided lots within Plat C. The trail/sidewalk access that runs between L and M will be preserved as requested by the City Council. It is owned by the Homeowners Association and any change would require consent letters from homeowners.
• Plat L includes Lots 50-52; Plat M covers Lots 46-49; Lot 38 has a home on it, but Plat N will go from Lots 34-37; Plat O contains Lots 30-33.
• The overall density will be reduced by three lots.
• The City Council would like the plat drawings to include indicators of roadways and sidewalk access.
• A utility plan that shows how utilities will be provided to each lot has been submitted to the City.
• Plats M and N will require that a secondary water box to be moved so that the water boxes lie on property lines.
C. Richardson felt that he couldn’t make a decision at this time because he did not have enough time to study the overall concept plan since it was not included in the packet. C. Volden felt that the main issue in the past has been the sidewalk access easements. He is pleased that this re-division preserves those sidewalks.
MOTION: C. Volden -To recommend final plat approval for The Cedars, Plats L, M, N, and O, conditional upon: 1) Lot addressing, 2) Vicinity plan showing relation to overall plan, 3) Updated utility plan and 4) Plat amendment process. Seconded by C. Dayton.
C. Richardson repeated his concern about not having adequate time to study the plats since the information was not included in the packet.
Aye-C. Dayton
C. Petersen
C. Volden
Nay - C. Richardson Motion passes.
4. Review/Recommendation on Revised Final for The Cedars, Plat I (7:32 p.m.)
See handouts. The revised final plat eliminates three lots to allow for larger lots. The developer would like to eliminate the sidewalk access paths. Staff has reviewed the proposed changes and indicated some concerns:
• There needs to be at least 10 feet between the actual water line and the building envelope on Lot 5.
• Easements for utilities need to be identified.
• The slope failure zone needs to be more clearly defined and the building envelopes cannot encroach on the slope failure zone.
• Building setbacks need to be detailed on the plat.
• Plat redline comments need to be corrected.
• Lot addressing needs to be corrected.
C. Petersen would like residents to be aware that roads are in the slope failure zones. He would like to see it included in the CC&R’s so that residents know that if there is a road failure, the City is not responsible. The developers have already addressed the building envelope dimensions and have ensured that building envelopes do not encroach on the slope failure zone. C. Volden expressed concern that the sidewalk access paths have been removed. The Planning Commission has made an effort in the past to preserve the paths. He wants to make sure the Commission is consistent in its decisions. The developers felt that the City Council wasn’t concerned about the sidewalk access paths in this particular plat. The paths have been preserved in other plats. C. Petersen is comfortable with taking out the sidewalk access paths. C. Richardson would like to see the paths remain.
MOTION: C. Volden -To recommend denial of the final plat for The Cedars, Plat I, based on elimination of the mid-block sidewalk access between Lots 15/16 and 26/27. Seconded by C. Richardson.
C. Richardson felt that the motion should include any issues that the Commission has with the plat. C. Petersen felt the plat should include discussion of the private roadways in the slope failure zone and relieve the City of any responsibility if the roadway fails.
AMEND MOTION: C. Richardson - Subject to: 1) Adding language to the final plat before being recorded that roads contained within the slope failure zone are private roads and the City is not responsible for the maintenance or failure of the roads, 2) Easements shall be identified, 3) Building envelopes to be included on the plat, 4) The slope failure zone needs to be identified more clearly, 5) Building setbacks shall be detailed on the plat, 6) Lot addressing shall be updated per redline comment, 7) Any other redline comments shall be addressed, and 7) Building envelope size in the slope failure zone be included on the plat. Accepted by Volden. Seconded by Dayton.
Aye-C. Dayton
C. Petersen
C. Richardson
C. Volden Motion passes.
5. Review/Recommendation on Preliminary/Final for Elliot Fields Subdivision (8:05 p.m.)
See handouts. Elliot Fields is a four-lot subdivision. It connects to a subdivision called Bevro Heights, which resides in Cedar Hills. Pleasant Grove and Cedar Hills have been working on an Interlocal Agreement that would set boundaries along service lines. Homes that are in Pleasant Grove and serviced by Cedar Hills would boundary adjust into Cedar Hills once the Interlocal Agreement is signed, and any new construction would follow servicing boundaries. This development is in Pleasant Grove and was approved by Pleasant Grove. It has to be serviced by Cedar Hills.
Staff has reviewed this subdivision and would recommend approval with the following changes:
• Water main line should be C-900 pipe
• Bonding should include removal of the temporary cul-de-sac and installation of curb, gutter and sidewalk to the eastern border of the subdivision
• Pressurized Irrigation line should have a blow-off valve at the eastern border of subdivision
• Sump detail should be shown on plans
• Water rights should be verified and submitted to the City
Marvin Watt is the builder of the home in the subdivision. He would like to change the berm along the eastern edge of the property. David Bunker felt that the City needs a berm along the entire east side of the property to protect the subdivision. Tonya Morrison is the owner of the house under construction. She expressed concern because Cedar Hills and Pleasant Grove appear to be fighting over this issue and she is caught in the middle. She needs to be able to hook up to utilities. Staff stated that Pleasant Grove created the problem by issuing building permits without utilities. Pleasant Grove issued the permit assuming that the Interlocal agreement would take care of utilities.
Rodney Despain asked the Planning Commission to consider whether the subdivision is acceptable once the boundary adjustment happens. The subdivision can’t be approved until it is part of Cedar Hills. The plat is not recorded in Pleasant Grove. Cedar Hills offered to let the subdivision boundary adjust, but Pleasant Grove refused until after the Interlocal Agreement was finalized. Rodney Despain pointed out that Cedar Hills can extend utility lines to the subdivision, but there is a possibility that the subdivision will never boundary adjust into Cedar Hills. If the subdivision does not boundary adjust, Cedar Hills does not get property tax, impact fees, or water rights. Marvin Watts stated that the impact fees have been pulled so that they can be paid to Cedar Hills and possibly escrowed to the City.
C. Richardson suggested that the Planning Commission approve this item contingent upon the signing of the Interlocal Agreement. C. Petersen didn’t think that would put any pressure on Pleasant Grove. Staff stated that if Cedar Hills decides to extend utilities, it should require a road easement so that Cedar Hills can service the lines. It is legal for the owner of the property to deed the road to the City of Cedar Hills. That would give the City basis for providing services. Pleasant Grove would also have to authorize Cedar Hills to extend utilities into their city. Rodney Despain recommended that the existing home get the lateral and no other connections be allowed until the signing of the Interlocal Agreement.
MOTION: C. Richardson -To recommend preliminary and final plat approval for Elliot Fields shadow plat subject to: 1) The water main line shall be C-900 pipe, 2) Bonding shall include removal of the temporary cul-de-sac and installation of curb, gutter and sidewalk to the eastern border of subdivision, 3) Pressurized Irrigation line shall have a blow-off valve at the eastern border of subdivision, 4) Sump detail shall be shown on plans, 5) Acceptable water rights shall be verified and submitted to the City, 6) Pressurized Irrigation lateral shall be 1 ½ inches minimum, 7) On note #8 strike the last line “a letter of approval shall be required before the berm is constructed,” 8) The construction of a berm on the eastern edge of the property as shown on the drawing, 9) An easement shall be provided to Cedar Hills on the road area shown on the plat map, 10) The road shall be deeded to Cedar Hills as shown on the plat, 11) A signed agreement by the City of Pleasant Grove to allow Cedar Hills to provide utilities to the landowners of Elliot Fields, 12) Note #3 added “The building setbacks for all the lots shall comply with Cedar Hills zoning setbacks of 30-foot front, 25-foot rear, and a total of 24-feet side setbacks with a minimum of 10 feet on any side.” Seconded by C.Volden.
C. Richardson asked residents to be very assertive in pushing Pleasant Grove to sign the Interlocal Agreement. Pleasant Grove can start the process by signing a notice of intent to adjust the boundaries. C. Petersen recommended that rather than approve a shadow plat, state that the plat would meet Cedar Hills requirements subject to all the conditions in the motion.
Nay-C. Dayton
C. Petersen
C. Richardson
C. Volden Motion fails.
MOTION: C. Richardson - To let the records show that the Elliot Fields Subdivision would conform to the zoning standards of the City of Cedar Hills, subject to the following conditions: 1) The water main line shall be C-900 pipe, 2) Bonding shall include removal of temporary cul-de-sac and installation of curb, gutter and sidewalk to the eastern border of subdivision, 3) Pressurized Irrigation line shall have a blow-off valve at the eastern border of subdivision, 4) Sump detail shall be shown on the plans, 5) Pressurized Irrigation lateral shall be 1 ½ inches minimum, 6) A berm shall be constructed on the eastern edge of the property as shown on the drawing, 7) Note #3 added “The building setbacks for all the lots shall comply with Cedar Hills zoning setbacks of 30-foot front, 25-foot rear, and a total of 24-feet side setbacks with a minimum of 10 feet on any side.” To recommend that the City of Cedar Hills extend utility services to the existing home in the Elliot Fields Subdivision only subject to the following: 1) Conveyance of appropriate water rights as required by the City, 2) Title for the road on the plat map be conveyed to the City of Cedar Hills, and 3) Signed approval by the City of Pleasant Grove allowing for the City of Cedar Hills to provide utility services to the Elliot Fields Subdivision. Seconded by C. Dayton.
Aye-C. Dayton
C. Petersen
C. Richarsdon
C. Volden Motion passes.
6. Review/Recommendation on Concept/Preliminary for Juniper Heights, Plats C and D (9:15 p.m.)
See handouts. Geneva Rock and Savage Companies have been to the City Council to find out how Cedar Hills wanted to exercise its purchase option. This concept plan reflects their feedback. The plan includes a park with soccer fields and property for an LDS Church along with residential lots. Geneva Rock would be responsible for looping the water lines. The City would pay for building Cottonwood Drive. Geneva Rock and Savage Companies would build the interior roads and the utilities for the roads. The City would allow Geneva Rock and Savage Companies to build a pedestrian way, under which sewer and storm drainage would flow, as well as the retention basin. Geneva Rock has submitted detailed plans for sewage and storm drainage. David Bunker feels that the subdivision has proceeded well. The names of Ironwood Cove, Cyprus Cove and Mesquite Cove need to be changed to something else because the City already has streets with those names. The pedestrian access between Sandalwood and Oak Road North would be safer if it were paved rather than gravel. C. Petersen is concerned that access to the entire subdivision is from Ironwood Drive. C. Petersen would like a stipulation that all construction vehicles are brought in through Cottonwood Drive.
MOTION: C. Richardson -To recommend concept/preliminary approval of Juniper Heights, Plats C and D subject to the following condition: 1) The renaming of Ironwood Cove, Cyprus Cove and Mesquite Cove and any other coves with duplicate names to a name that does not duplicate names of roads in Cedar Hills. Seconded by C. Volden.
AMEND MOTION: C. Petersen -To include a note to the City Council that construction access be limited from Canyon Road to Bayhill Drive to Cottonwood Road. Accepted by C. Richardson. Seconded by C. Volden.
Aye-C. Dayton
C. Petersen
C. Richardson
C. Volden Motion passes.
Rodney Despain stated that in his opinion the elimination of the road between Oak Road and Sandalwood is a mistake. It creates an upper Cedar Hills and a lower Cedar Hills and does not facilitate access. The connection could be made if the desire were there.
7. Review/Recommendation on Sign Ordinance (9:45 p.m.)
MOTION: C. Dayton- To table Items 7 and 8. Seconded by C. Volden.
Aye-C. Dayton
C. Petersen
C. Richardson
C. Volden Motion passes.
8. Committee Assignments and Reports
Item tabled.
9. This meeting was adjourned at 9:55 p.m. on a motion by C. Dayton, seconded by C. Richardson and unanimously approved.
/s/Kim E. Holindrake
Approved by Commission: Kim E. Holindrake, City Recorder
October 28, 2004