CITY OF SOUTH JORDAN PLANNING COMISSION ...South Jordan City Planning Commission Meeting November...

CITY OF SOUTH JORDAN

PLANNING COMISSION MEETING

COUNCIL CHAMBERS

November 27, 2018

Present: Commissioner Mark Woolley, Commissioner Julie Holbrook, Commissioner Earl Jolley,

Commissioner Sean Morrissey, Commissioner Michael Haynes, Commissioner John Ellis, City

Planner Greg Schindler, Deputy City Engineer Jeremy Nielsen, Staff Attorney Todd Sheeran,

Planner David Mann, City Recorder Anna West

Others: See Attachment A

6:30 P.M.

REGULAR MEETING

I. GENERAL BUSINESS

A. Welcome and Roll Call

Chairman Mark Woolley welcomed everyone present. He noted that all Commissioners are present.

B. Motion to Approve Agenda

City Planner Greg Schindler said an item has been pulled from the agenda and there was not time enough

to notify everyone that is was pulled. The Public Hearing scheduled for the Stallings Property Rezone has

was noticed improperly so it has been moved to the December 11, 2018 Planning Meeting.

Commissioner Holbrook made a motion to approve the November 27, 2018 Planning Commission

Agenda. Commissioner Ellis seconded the motion. Vote was unanimous in favor.

C. Approval of the Minutes from the Meeting held on September 11, 2018

Commissioner Ellis made a motion to approve the November 13, 2018 Planning Commission

Meeting minutes pending corrections by Commissioner Holbrook to be emailed to the City

Recorder by close of business Wednesday, November 28, 2018. Commissioner Jolley seconded the

motion. Vote was unanimous in favor.

II. INFORMATIONAL ITEMS AND OTHER BUSINESS

A. Staff Business

None

B. Comments from Planning Commission Members

None

III. CITIZEN COMMENT

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Planning Commission Meeting

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Chairman Woolley opened the Citizen Comment. No speakers, He closed the Citizen Comment.

IV. SUMMARY ACTION

None

V. ACTION

None

VI. PUBLIC HEARINGS AND POTENTIAL **ADMINISTRATIVE ACTION ITEMS **Administrative Action = Less Discretion, Substantial Evidence (Objective Standard)

A.1 Issue: DAYBREAK VILLAGE 4 HARBOR PLAT 1

DAYBREAK VILLARE 4 HARBOR PLAT 2

PRELIMINARY SUBDIVISIONS

Location: 11158 S. Kestrel Rise Road; 11115 S. Kestrel Rise Road

File No: PLPP201801005 & PLPP201801006

Applicant: Daybreak Communities

City Planner Greg Schindler reviewed the background information on this item from the packet staff report.

Chairman Woolley opened the Public Hearing. No speakers. He closed the Public Hearing.

Gary Langston, Daybreak Communities, he said I did provide Greg with additional information that is

separate from your packet (Attachment B).

Commissioner Haynes asked if they are seeing a demand for this type of home. Mr. Langston said yes.

Pricewise, this is about as expensive as we could build. Base range will start at $275,000 and the larger units

will be in the $350,000 range. We expect many of these units that face the water to be over half-million

dollars. This is not entry level living. These are luxury Towne home living units facing a lake.

Commissioner Holbrook said she noticed in the traffic study that there is substantially more traffic in the

evenings going west on Daybreak Parkway than there is that goes out in the morning. She thanked them for

doing the traffic study.

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

Commissioner Jolley made a motion to approve File No. PLPP201801005 and File No. PLPP201801006,

Daybreak Village 4 Harbor Plats 1 and 2 Preliminary Plat. Commissioner ________ seconded the

motion. Commissioner Ellis seconded the motion. Roll Call Vote was 5-0 in favor

B.1 Issue: HAVEN AT HARVEST VILLAGE PRELIMINARY SUBDIVISION

Location: 10768 S. River Heights Drive

File No: PLPP201800625

Applicant: Korey Kinder, Anderson Wahlen & Associates

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City Planner Greg Schindler reviewed the background information on this item from the packet staff report.

Commissioner Jolley asked what the oblong round-about structure is. City Planner Schindler said that is a

clubhouse area.

Staff Attorney Todd Sheeran said all of those are requirements in the Development Agreement that was made

clear in the amendment that is also attached.

Commissioner Morrissey asked if this all complies with the Development Agreement. City Planner Schindler

said yes it does.

Chairman Woolley opened the Public Hearing.

Heather Banks, South Jordan, asked about the heavy traffic and why there are not crosswalks. She said they

really need crosswalks in the whole area.

Chairman Woolley closed the Public Hearing.

Chairman Wooley said we know that the Engineering Department is looking into that area for high levels of

traffic and we know that this is one of those. They are also looking at the crosswalk issue.

Jeremy Nielson, Deputy Engineer, said yes we are looking into the traffic speeds. He said crosswalks have not

come up so I appreciate her bringing that to our attention and we will look at that.

Commissioner Jolley asked if they can look at moving the flashing speed limit sign further south. Deputy

Engineer Nielson said yes; we are talking about that. He said there was some resident involvement in putting

the signs where they currently are located. It seems that they have been there long enough and it is probably

time to move them to the south.

Commissioner Holbrook said the speed limits along that street are 35 mph? Deputy Engineer Nielson said we

are not looking to decrease the speed limit, just want to slow the vehicles down.

B.2 Potential Action Item – (See VII.D.1)

Commissioner Ellis motioned to approve Preliminary Subdivision Plat, file No. PLPP201800625, Haven

at Harvest Village Phase 1 Subdivision Preliminary Subdivision Plat. Commissioner Jolley seconded

the motion. Roll Call Vote was 5-0 in favor.

C.1 Issue: WARREN’S DRIVE IN – SITE PLAN & CONDITIONAL USE PERMIT

Location: 3754 West 11400 South

File No: PLSPR201800636

Applicant: Shane Sanders

Planner David Mann reviewed the background information on this item from the packet staff report.


C.2 Potential Action Item – (See VII.F.1)

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Commissioner Ellis motioned to approve File No. PLSPR201800636 for construction of a restaurant

with a drive through located at 3754 West 11400 South, as presented to the Planning Commission.

Commissioner Holbrook seconded the motion. Roll Call Vote 5-0 in favor.

Commissioner Holbrook asked when they planned on opening.

Shane Sanders, Sanders & Assoc. Architects; we are going to submit for building permit hopefully within

the week. We hopefully plan to open early spring.

Chairman Woolley said I was talking about the fact that we have three items that all have the same address.

Shouldn’t we hear E.1. before D.1. because it is an amendment to a subdivision.

City Planner Greg Schindler said that is true. If you would like to motion to do that it is fine.

Commissioner Holbrook made a motion to move item E.1. before D.1. because it amends the property

discussed in Item D. Commissioner Morrissey seconded the motion. Vote was unanimous in favor.

E.1 Issue: PLAZA ON 114TH SUBDIVISION AMENDMENT

Location: 11323 S Redwood Road

File No: PLPLA201800746

Applicant: Kerry Salisbury



E.2 Potential Action Item – (See VII.F.1)

Commissioner Ellis motioned to approve File No. PLPLA201800746, to amend lot 1 of the original

subdivision and create 3 commercial lots, located at 11323 South Redwood Road as presented to the

Planning Commission. Commissioner Holbrook seconded the motion. Roll Call Vote 5-0 in favor.

D.1 Issue: FERRAN CONSTRUCTION OFFICE BUILDING – SITE PLAN

Location: 11323 S Redwood Road


Applicant: Troy Ferran and Travis Ferran



D.2 Potential Action Item – (See VII.F.1)

Commissioner Ellis motioned to approve File No. PLSPR201800734 for the construction of an office

building located at 11323 South Redwood Road as presented to the Planning Commission.

Commissioner Jolley seconded the motion. Roll Call Vote was 5-0 in favor.

F.1 Issue: SWEETO BURRITO – SITE PLAN

Location: 11323 Redwood Road

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Applicant: Dave Jenkins



Commissioner Haynes asked for an explanation for the logic behind the entry to this project.

David Jenkins, Ensign Engineering, authorized agent for the developer. He said there are two entries to the

project; one for the car wash and one for the shared access for the storage. We will utilize both of those. Both

accesses are right in – right out. We don’t share the access from Beckstead Lane.

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

Commissioner Holbrook motioned to approve File No. PLSPR201800904 for the construction of a

restaurant/retail building with a drive-through located at 11323 South Redwood Road as presented to

the Planning Commission. Commissioner Ellis seconded the motion. Roll Call Vote was 5-0 in favor.

G.1 Issue: CANTRELL GARAGE - CUP

Location: 2311 W. Count Fleet Court

File No: PLCUP201800969

Applicant: Patrick Cantrell


Commissioner Holbrook said right now I know that there will be no plumbing and no interior walls but how

can we be sure that will not change in the future and why we are allowing windows within the 20 feet when it

says we can’t.

City Planner Schindler said there is no guarantee that it will never happen. If they decided they wanted to put

plumbing in then the code requires them to get a permit to do so. He said the side with the most windows look

out to another garage that is just as tall.

Commissioner Ellis ask about the high windows. Planner Mann said you can see the left half is the total

bottom and the right half is the second floor.

Staff Attorney Todd Sheeran said to answer Commissioner Holbrook’s question regarding the windows, our

code says that windows are not allowed within 20 feet except for those approved by the Planning

Commission. That is part of the Conditional Use Permit. They are required to comply with all of our codes

and as Greg pointed out they would need to get permits for electrical and plumbing added out there. They

would also have to get a permit for an accessory building permit if they were to change to that.

City Planner Schindler said if they were to change to an accessory building it would be a guest house and it

would be allowed in the zone, however, when it came before the Planning Commission there could be a

requirement that they windows be removed because you are approving this based on not having occupancy.

Chairman Woolley opened the Public Hearing.

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Loren Howell, South Jordan, said he lives west of the Cantrell’s. He said I wanted to bring up the garage to

the north of this is an extremely large garage. When that went in it took away our view of the mountains. He

said living to the west of what is going on with these garages has hindered our views that we had. He asked if

they are putting this new garage behind the existing garage that is already there.

Chairman Woolley closed the Public Hearing.

Patrick Cantrell, applicant, said he agreed with the comment about the neighbors huge garage. He said a lot

of those huge garages are 5 and 6 feet from the property line and I am mandated to go 12 feet. He said we will

be removing the existing garage. He said a bigger garage will minimize my water bill. This garage will be for

storage of all my motorcycles, and all of my other stuff. He said I wasn’t to retire soon and do not want

anyone living in my garage. He said the higher windows are just to harvest the day light. I am asking that the

front windows be able to open.

G.2 Potential Action Item – (See VII.F.1)

Commissioner Jolley motioned to approve File No. PLCUP201800969 for a detached garage located at

2311 W. Count Fleet Court. Commissioner Ellis seconded the motion. Roll Call Vote was 5-0 in favor.

VII. PUBLIC HEARINGS AND POTENTIAL **LEGISLATIVE ACTION ITEMS **Legislative Action = More Discretion, Reasonably Debatable (Subjective Standard)

H.1 Issue: ZONE TEXT AMENDMENT – AMENDING CITY CODE

SECTIONS 17.16.020.020 (APPEALS) AND 17.84.070 (CITY

COUNCIL REVIEW OR APPEAL) REGARDING APPEAL

PROCEDURES AND REQUIREMENTS FOR APPEALS OF

LAND USE DECISIONS.

File No: PLZTA201801096

Applicant: City of South Jordan

Staff Attorney Todd Sheeran reviewed the background information on this item from the packet staff report.

He said we have been working on this section of the code for almost a year now and we realized that some of

the appeals we not being addressed such as page length. We were getting appeals that were extremely long

and it didn’t make sense to pay our Hearing Officer to review that much content. We restricted the scope on

the application and the scope of review of the Hearing Officer. We just want to be very clear on what our

appeal officer can and cannot do. He should not be gathering new or different information outside of what

was presented to the Planning Commission. We also looked at what appeals were not going to the Hearing

Officer and there is only one which is the Conditional Use Permit appeals. When they revised this and made

the change to have a hearing officer, there were also legislative items going on that we were unsure of what

they were going to do. It has been going well with the new Appeals Hearing Officer so we are recommending

that the appeals for Conditional Use Permits go to the hearing officer as well.

Commissioner Holbrook said I think this is a good idea because the City Council doesn’t need to be an

appeals decision maker. Would you clarify for me if the applicant for the appeal has a problem with what the

appeals officer says, can they then go to court? Staff Attorney Sheeran said that is correct.

Chairman Wooley said I am confused about 3.A. that talks about a 5 page written statement. He said the way I

read that is you are asking for a 5 page document when in fact I think I am hearing you say “not to exceed 5

pages.” I would like to suggest that we make a motion to make it clear “not to exceed 5 pages.”

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Staff Attorney Sheeran said that is a good point; that is the intent of that portion. He said please email the City

Council member that appointed you so we can make sure that it gets brought up at the Council Meeting for

this.


H.2 Potential Action Item – (See VII.F.1)

Commissioner Holbrook motioned to recommend to the City Council that it approve Ordinance

2018-26 and to add language for 3.A. “not to exceed 5 pages.” Commissioner Jolley seconded the

motion. Roll Call Vote was 5-0 in favor.

VIII. OTHER BUSINESS

Commissioner Holbrook said she attended the WFRC meeting at Riverton City Hall about three weeks

ago and spoke with a gentleman who is running a committee for Shared Mobility. She said it was

interesting what the Shared Mobility is. The issue is they have had a couple of companies that have the e-

bikes and e-scooters and are using the city streets with these. The City of Salt Lake is trying to pass an

agreement of how they should and should not be used and who is liable for what. There have been some

accidents of people using these bikes & scooters. I just wanted you to be aware of this and that we may in

the future see issues like this in Daybreak as it fills out. Their agreement could be a model agreement for

our city as time goes on.

Deputy City Engineer Jeremy Nielson said I have briefly looked at the draft agreement but I have not

really studied it. It is something for us to think about as a city. I notice that when you walk around Salt

Lake City you seen them thrown down on the sidewalk and there have been a lot of major cities that have

banned them because they are a hazard. Right now they are referred to as “disruptive technologies.” This

is moving fast and there are a lot of seminars on them right now.

Staff Attorney Todd Sheeran said I went to a conference in Houston about a month ago and one of the

topics was the scooters and bikes and whether they should be docked or dockless. As a city we have the

right to manage our rights of way.

Staff Attorney Sheeran said as you know, Rocky Mountain Power has submitted a Conditional Use

Permit to the City for power lines on Beckstead Lane. I know that the residents along that power line are

very concerned and they are doing a lot of research on detrimental effects, easements and width, and are

sharing that information with pretty much everyone. I sent an email to you about this a couple weeks ago

and I just wanted to let you know that it is not appropriate to comment on an application that is pending

before the city. This places you in a very difficult situation when you have residents that are wanting

answers right now, but you as decision makers can’t meet or talk with anyone about this. It is improper

for you to formulate any opinions or biases on any applications that are pending. As your attorney I will

defend your decision on an appeal but it makes my job a lot more difficult if there is an opinion

formulated before the meeting takes place. Rocky Mountain Power heard that the residents showed up

about a month ago when they gave their presentation to the City. They have requested the audio on that

meeting and are going to be reviewing if there were any opinions that were formulated or biases shown. If

they do suspect any of that, they may request you to recuse yourself. We would need to make sure that we

have enough Commissioners to hear the issue.

Chairman Woolley said that brings up several questions. What is the best way to deal with this; on record

or off record? In my mind, I think there is a conflict. You have City Council work session meetings all the

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time where interested parties on both sides are able to come and present their case and talk about things.

In fact we encourage it. I am assuming you have all been copied on the emails regarding this potentially

contentious issue; so my question is are we setting a double standard. There have been City Council

members that have spoken to at least one of us and encouraged us to have open dialogue and to listen to

their concerns. I understand not responding until the public hearing but also we are not going to have any

information from the other side until the day of and do we know when they will be on the Council

agenda?

Staff Attorney Sheeran said that is a good point and it is a very fine line. In this case Rocky Mountain

Power had two work sessions and had open dialogue. That was appropriate because both parties were

present and they were not addressing it with the decision makers, Planning Commission. It does create an

issue with the appeal aspect with Council being the appeal authority. That is one of the reasons why we

are changing the Conditional Use Appeals to be the Hearing Officer. In your role, if there is an

application pending, we don’t want any of that dialogue prior to the meeting.

Commissioner Holbrook said I think the difference is now they have an application pending whereas

before they didn’t.

Staff Attorney Sheeran said that is correct. One of the other questions was when do you expect to see this

and that should come to you sometime in January 2019.

Chairman Woolley asked if we now have answers to the requests that the Council has made and the

citizens made requests to staff to get some answers. Have all of those questions been answered by Rocky

Mountain?

Staff Attorney Sheeran said a large majority of those have been answered. We are still working through

some of the more recent issues. If staff feels we don’t’ have enough answers to address all of the issues it

may get pushed to the next month.

Chairman Wooley said beings this will be a decision of this body, I would suggest that we make certain

that the agenda that it is on is a light agenda. I suspect it will be a very lengthy meeting.

City Planner Schindler said staff has some concerns of where we have the Public Hearing because the

number of notices will be in the hundreds.

Commissioner Holbrook asked if they could get the information well ahead of the meeting so they have

time to review the whole document ahead of time. We may need to table it the first time to give us time to

consider the public comments from the meeting. I just don’t see us getting this done in one night.

Staff Attorney Sheeran said I would be surprised as well. It is a lot of information that the residents have

on this and I think you will need time to do your own review of what is presented to you by staff and by

the residents. I think tabling it one or two meetings is more than appropriate.

Commissioner Haynes asked if it would be inappropriate for us to discuss this before the meeting.

Staff Attorney Sheeran said yes; it would be inappropriate do discuss with anyone. Just tell anyone who

approaches you that you are not allowed to discuss the issue.

City Planner Schindler said they would try to get the document to the Planning Commissioners as early as

they can to give them time to review the information.

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Commissioner Ellis asked the question that if someone is asked to recuse themselves is there an

obligation to recuse. Staff Attorney Sheeran said we can ask and it is your decision to recuse or not. He

said if you are asked to and you don’t and there is a denial of the item then that could create a problem

defending the issue.

ADJOURNMENT

Commissioner Holbrook motioned to adjourn the November 27, 2018 Planning Commission meeting.

Commissioner Jolley seconded the motion. Vote was unanimous in favor.

The November 27, 2018 Planning Commission Meeting adjourned at 8:02 p.m.

This is a true and correct copy of the November 27, 2018 Planning Commission minutes,

which were approved on December 11, 2018.

South Jordan City Recorder

Deputy Recorder Cindy Valdez prepared the meeting minutes

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