Planning Commission

September 20, 2017

HYDE PARK CITY

PLANNING COMMISSION

September 20, 2017

Minutes

The Hyde Park City Planning Commission meeting began at 7:00 p.m. and was conducted by Chairman Mark Lynne.

MEMBERS PRESENT

Chairman Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee

OTHERS PRESENT

Christopher Johnson, Derek Grange, Lee Darley, Moli Chen, Zhong Lin, Peggy Brown, Harvey Mohr, Jeff Champlin, Mason Niederhauser, Dan Turner, Robert Fotheringham, Susan Fotheringham and Zan Murray

PRAYER OR THOUGHT – Tiffany Atkinson

PLEDGE OF ALLEGIANCE – Melinda Lee

APPROVAL OF MINUTES

David Zook made a motion to approve the minutes of the Planning Commission meeting held August 30, 2017. Melinda seconded the motion. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor.

BUILDING PERMIT REPORT

Chad Knight / 305 South 250 East / Remodel
Kent Glenn / 3444 North Hwy 91 / Dance Studio
Mallory and Taylor Griffin / 152 North 1000 East / Home
Red Pine Development / 187 North 1000 East / Home
Sierra Homes / 184 North 1000 East / Home
Sierra Homes / 809 East 600 North / Home
Stanton Allen / 806 South 50 East / Solar addition to home under construction

PUBLIC HEARING – DEREK GRANGE DETACHED GARAGE (Administrative)

The public hearing was opened and closed with no comment. Mark noted the height (25 ft. 1 in.) but realized on a corner lot there is no “rear” line for setbacks to increase. Derek said it will have the same facade as their home. Melinda made a motion to approve the Conditional Use Permit application submitted by Derek Grange for a 32’ x 50’ detached garage at 720 South 100 West on 0.98 acres in an agricultural (A-1) zone. Brandon seconded the motion. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor.

PUBLIC HEARING – LEE DARLEY POLE BARN (Administrative)

The public hearing was opened and closed with no comment. Mark noted the setbacks are more than sufficient and made a motion to approve the Conditional Use Permit application submitted by Lee Darley for a 22’ x 30’ pole barn at 565 South 50 East on 1.05 acres in an agricultural (A-1) zone. David seconded the motion. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor.

PUBLIC HEARING – MIKE GITTINS DETACHED GARAGE (Administrative)

The public hearing was opened and closed with no comment. Mark noted the canal makes for an unusual side/rear property line. The rear setback along the canal was not necessarily listed but seems sufficient with its height and current placement of the garage on the other side. David made a motion to approve the Conditional Use Permit application submitted by Mike Gittins for a 26’ x 26’ detached garage at 440 East 200 South on 0.38 acres in a residential (R-1) zone. Brandon seconded the motion. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor.

*The next day it was noted, as part of the building permit, Mike Gittins will need to do water and sewer connections and street repairs (which may include curb, gutter and sidewalk), in addition to all impact fees. Melinda spoke with Mike on the morning of September 21, 2017 and alerted him of these additional requirements. He will contact Darrin Hancey, Building Inspector, for details.

PUBLIC HEARING – MOLI CHEN WORKSHOP (Administrative)

The public hearing was opened. Peggy Brown lives next door on the side the shed is proposed. Peggy vocalized concerns about the size, use, appearance and traffic. She prefers Chen move it away from their side as much as possible. Moli said the shed will be metal, similar to Steve Gunnell’s to the north. She noted Campbells across the street also have a large shed behind their home. Moli and her husband plan to use it to store ‘toys’ like an RV. She is willing to move it left/right. Mark noted the city does not regulate façade. He only asked Grange about it because his building is right on the road. The setbacks are sufficient. As to left/right he encouraged neighbors to work together, without city involvement, for best results. David made a motion to approve the Conditional Use Permit application submitted by Moli Chen for a 40’ x 80’ workshop at 73 West 520 South on 0.65 acres in an agricultural (A-1) zone. Mark seconded the motion. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor.

PUBLIC HEARING – HIGHLAND COVE SENIOR PUD PRELIMINARY PLAT (Administrative)

The public hearing was opened and closed with no comment. Mark asked Dan Turner again about the ‘stepped’ (terraced) retention pond. Dan is agreeable to that but has not yet worked out the details. Melinda questioned the county parcel viewer shows 9.88 acres compared to the 5.41 acres noted in the plans. David did a quick measurement online and found it to be about five and a half acres. Dan will correct that with the county. Melinda also asked about landscaping. The PUD ordinance section 12.150.060 E. requires landscape consisting of “3 trees and 6 shrubs per unit or lot”. Commission members were unclear whether that referred to open space or each small home lot. It was agreed that requirement per home lot was unreasonable due to setbacks and lot size. The commission will review that section of code at a later meeting. David asked about the street being private. Dan confirmed it as a private street (ie. snow removal and access) with a public utility easement. Dan also spoke about possibly phasing the development but he is unclear on the “2 year” completion requirement. What are the stop/start dates based upon? In reality, the rate of completion will be market driven. Mark made a motion to forward the preliminary plat of a Senior Public Unit Development (PUD) located at approximately 930 East 100 North, consisting of 21 lots on 5.41 acres in a residential (RE-20) zone to City Council for approval. Brandon seconded the motion. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor.

FOTHERINGHAM SUBDIVISION SKETCH PLAN (Administrative)

David opened the discussion asking if flag lots comply with our ordinance. They are allowed in only new developments and only with a Conditional Use Permit. Which approval comes first? Zan Murray would like the approval processes to parallel each other and hopes the conditional use approval may come at the same time as the preliminary plat approval (both requiring a public hearing). Also, the annexation is yet to be approved, including a re-zone. The required 30 foot setback was assured for each lot separately. Melinda asked if Pursers property is included. That had been part of early discussions but now will not happen. Fotheringhams are in the works of trading some property between each other (Pursers) in the hopes of benefiting each in more uniform and desirable property shapes. Zan verified they will put in the sections of road along 450 North and 100 East that border their property. Regarding storm water, Zan said they will pipe it to the back of each lot (lots 4-7) and lots 1-3 will also have some kind of similar piping and retention. Brandon asked if will connect to the sewer and if lots 2 and 3 have separate driveways. Zan verified sewer and separate driveway easements, at least. He hopes future homeowners work together to share the driveway but the easement will always exist. David made a motion to approve the sketch plan of the Fotheringham (standard) Subdivision for 9 lots on 7.69 acres at approximately 450 North 100 East in a residential zone with two conditions: 1. The annexation is approved and 2. The re-zone is approved. Mark seconded the motion. Zan hopes to come before this Planning Commission with the preliminary plat October 18 and the final plat November 15, 2017. He said they wish to expedite the process but be completely ‘up front’ and they appreciate any and all thoughts or concerns along the way. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor.

REMOVE CONDITIONAL USE PERMITS FROM CLASS B ACCESSORY BUILDINGS (Legislative)

The Commission has discussed the need for this change multiple times before. After reviewing the proposed changes to section 12 (Land Use and Development) of the city code regarding Class B accessory buildings, David made a motion to remove the Conditional Use Permit from the approval process in all zones: 12.110.050 (A-1), 12.120.050 (RE-20) and 12.130.060 (R-1). Brandon seconded the motion. Mark Lynne, David Zook, Brandon Buck, Tiffany Atkinson and Melinda Lee voted in favor. This proposal will move forward to City Council for final approval.

CONSIDER REMOVING CONDITIONAL USE PERMITS FROM OTHER USES (Legislative)

The document for review was incomplete. Melinda will correct it and continue the item to the next agenda.

TRAINING and DISCUSSION

Tiffany Atkinson reported on the Land Use Academy basic training she attended on August 26, 2017. She found it extremely helpful and beneficial and shared some of the things that stood out to her. Each other member confirmed the value of those trainings.

OTHER

Mark updated the Commission on changes to the Juniper Hollow and Juniper Acres Subdivisions. The 14% grade was too high and, if they use fill to achieve 12%, Corry Craig would be unable to access the road. Engineers re-drew the subdivisions to better fit the land. All agreed it is a better use of the land but a problem now arises because Juniper Acres is currently zoned agricultural (A-1) instead of residential (RE-20). The owners have applied for a re-zone but the approval process takes time and the new drawing may require starting the process again. Melinda will add it to the City Council’s agenda even if only as an informational item. Mark noted the sooner everyone is aware of changes and requests, the better.

CITY COUNCIL REPORT

Mark reported on Utah League of Cities and Towns (ULCT) Annual Convention held September 13-15, 2017. He learned Utah is currently short 47,000 affordable houses. He also learned and asked questions about Accessory Dwelling Units (ADUs). He said the Piano Guys concert and motivational speaker Clark were awesome. He appreciated viewing the Apollo 13 movie again before hearing the speaker who experienced those things personally. It is still an amazing account.

Meeting adjourned at 8:30 P.M.

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Melinda Lee, Secretary

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