REGULAR PLANNING COMMISSION MEETING
Thursday, April 26, 2007 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Steve Kroes, Chair, Presiding
Commission Members: Cliff Chandler, H.R. Brown, Craig Clement, Tom Gleason (7:13 p.m.)
Greg Robinson, Assistant to the City Manager/Planning
David Bunker, City Engineer
Rodney Despain, City Planner
Courtney Hammond, City Meeting Transcriber
Michael C. McGee, Mayor (8:35 p.m.)
Others: Kent Seamons, Roy Williams, Richard Piggott, Scott Jackman, Ken Boyer, Adam Boyer, Parker Richards, Gina Carl, Shell MacPherson, Mary Kell, Desmond Anyanwu, Eric Richardson, Gordy Jones, Mayor McGee
PLANNING COMMISSION MEETING
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 at 7:11 p.m. by C. Kroes.
Craig Clement was recognized as a voting member.
2. Approval of Minutes from the March 29, 2007, Regular Planning Commission Meeting (7:11 p.m.)
MOTION: C. Chandler - To approve the minutes. Seconded by C. Brown.
C. Kroes Motion passes.
Tom Gleason was recognized as a voting member.
3. Review/Recommendation on Amendments to the City Code, Title 10, Chapter 6, Article A, Planned Commercial Development Projects (7:13 p.m.)
See handouts. Greg Robinson stated that the requested changes were implemented into this version. Rodney Despain stated that a conditional use is a permitted use to which the City attaches reasonable conditions.
The following changes need to be made:
• Page 3, Lines 3-4 should say, “shall be made within ten days of receipt of the Planning Commission’s action.”
• The appeal body needs to be stated.
• Staff needs to find the place in the code that currently says how a conditional use permit is issued. It then needs to be replaced with the language in this amendment.
MOTION: C. Brown - To recommend approval of the ordinance amending Title 10 of the City Code of the City of Cedar Hills, Utah, amending the requirements relating to Planned Commercial Development Projects, subject to staff further defining the appeals body, staff finding language in the Code that explains the current approval process and striking anything in conflict, remove the word “denial” from page three and replace it with “action,” and define section 10-6A-2A by further defining “neighborhood retail,” “office/retail,” and “office” by referral to the guidelines. Seconded by C. Clement.
C. Gleason Motion passes.
4. Review/Recommendation on Final Plat for The Cedars Townhomes, Plat E, Phase 5 (7:32 p.m.)
See handouts. David Bunker stated that this is the last phase of the project and potentially the most difficult. Phase 5 includes four duplexes and a triple unit. He is concerned with the cut and fill slopes. There is an existing unit (10383 N. Morgan Boulevard) at the intersection of Morgan Boulevard and Sage Vista Lane. The envelope is just 1-2 feet off the curb and gutter. He is concerned with the relationship of the cut slope to the footings and foundation. This is a down-sloping cul-de-sac. A dual storm water inlet is needed. The sewer and storm drain have to go out the bottom of the cul de sac. The City needs access to the manholes. In preliminary approval, the City talked of having a paved access to the manhole. There is access to the other manhole from Colonial Drive. The cul-de-sac slope exceeds 4% by .25% at the end of the bulb. It can be easily remedied. There is an existing rock wall that may exceed four feet in height. If it is taller than four feet, engineering needs to be submitted. A street light needs to be installed next to the fire hydrant. Gordon Jones, developer, stated that everything that is being done in this phase has been done on the other phases. The fills have been placed for two years. The sewer and storm drain is in. It was bonded at Phase 2. Nothing new is being done in this phase. The setbacks on the slope will be even better. It was originally designed with a 22-foot retaining wall. One unit was removed and the cul-de-sac was offset, reducing the wall to 10 feet and pulling everything closer. He does not think it is possible to get paving to the upper manhole. The lower manhole is accessible and by flushing from the lower manhole, any potential problems can be taken care of. The manholes are just under 350 feet apart. David Bunker needs to look into whether the City can jet up and downstream from the other manholes. David Bunker will talk with Timpanogos Special Service District. The landscape plan has erosion control mats, native on the cut and fill slopes, and sod around the units.
• C. Kroes asked the developer what he can be done to ensure the foundations don’t settle. Gordon Jones said that there is settling along the east bench in Utah County. In this phase, the fill was placed in eight-inch lifts, with 98% compaction and measurements have been taken. He said the biggest benefit is that several years have passed and the fill has undergone the normal wet dry cycles.
• C. Brown asked if anything has been done differently because of the landslide. David Bunker said the conditions in this phase are entirely different. The landslide happened on an existing known slide. This phase does not have any of those geotechnical characteristics. It sits about 1,500-2,000 feet away from the slide.
• C. Clement stated that the geotech report on the fill process should be submitted to the City so that the City has it on record.
MOTION: C. Brown - To recommend approval of The Cedars Townhomes, Plat E, Phase 5 final site plan, subject to every bullet point in David’s memo and the full geotech of all fill. Seconded by C. Chandler.
AMEND MOTION: C. Brown - To state that approval for the preliminary plan was given prior and that this final plan conforms substantially with the preliminary plan. Accepted and seconded by C. Chandler.
AMEND MOTION: C. Kroes - In addition to H.R.’s motion, to get the City Engineer’s approval of the sewer situation with Timpanogos Special Service District. Accepted by C. Brown. Seconded by C. Chandler.
C. Gleason Motion passes.
5. Review/Recommendation on Final for Commercial Development - Wal-Mart (8:07 p.m.)
See handouts. Shell MacPherson stated that a few changes were made to the plan, specifically, landscaping, the building footprint, and moving the compressors. There was a request in the preliminary proposal to put solid walls around the compressors. The equipment engineers indicated that it was not possible to completely enclose the compressors because there needs to be ample air for intake. As a result, the compressors have been moved further west. In the prior configuration, the compressors were directly across from the residential. The compressors are now across from open space. The movement of the compressors also changed the layout and landscaping. There is a more narrow neck near the compressors with reduced landscaping at that point, but a greater buffer on the south side of the building. The store merchandising plan and store footprint changed because the compressor location changed. The net footprint change is about 1,500 square feet of additional store. The parking lot lighting along the northern perimeter was lowered from 20 feet to 12 feet. Additional trees were requested along the west face of the storm detention area. The eastern wall was increased from eight to ten feet on top of a berm for an effective height of 12 feet. Between preliminary and final and as an addendum to the noise analysis, the equipment suppliers have come up with an equipment package that is different than what was analyzed at the Lindon store. The equipment package at Cedar Hills runs at .5 horsepower and 540 rpm. The noise measurement 50 feet away from the equipment is 45 dBA. By comparison the equipment in Lindon is 1.5 horsepower, 1140 rpm and 62 dBA. The proposed equipment doesn’t run continuously (unlike Lindon equipment). These condensers will rarely run at full speed. At lower temperatures, the condensers run at lower speeds and lower sound levels. In the updated Kleinfelder study, it is recommended that the City adopt the county noise ordinance.
MOTION: C. Brown - To recommend approval of the Wal-Mart final site plan, subject to final engineering including storm drain analysis and UPDES permit, water rights, development agreements, etc. as well as meeting all subject to’s in the City Council’s 4-page attached addendum. Seconded by C. Chandler.
• C. Kroes would like the landscaping plan changed. Though the Scotch Pine was specified in the City Council motion, the evergreens should not be all Scotch Pines. Some of the trees in the plan are not on the approved guideline list. C. Kroes suggested that all Scotch Pines be replaced with the Engelman Spruce.
• C. Chandler suggested Wal-Mart meet with Alpine School District to address an issue of high school students parking in the Wal-Mart parking lot and outlot developments.
• Rodney Despain said that in the motion that was made, by referring to the City Council motion, the Planning Commission is certifying that this final plan substantially complies with the stipulations given by the City Council in preliminary approval. There is no approved subdivision yet. This approval should be subject to an approved final subdivision plat and recording of the plat. He said that the outdoor seasonal sales area remains on the plan as a conditional use permit. That means that it is allowed, with conditions.
• H.R. Brown said that the City Council’s motion was created by the City Council. They will go through all the requirements with them. He does not want to be redundant.
• The Commission reviewed each element of the City Council’s preliminary approval. Mary Kell said that the manufacturer of Quickbrick does not recommend over mortaring. All utility and access doors are colored to blend with the exterior brick walls. Trees have been placed in a double layer along the wall in the retention basin. Trees along the northern and eastern wall are mainly evergreen in nature. The retention basin flat area has been maximized. The proposed plants and trees need to be on the accepted list. Scotch Pines need to be replaced. Fehr and Peers went line by line through the requirements of a UDOT Cat III traffic impact study. The traffic study used the MAG 2030 projections and added 30% to the projections. The accident history has been submitted. The queuing length for the left turn from Cedar Hills Drive to southbound 4800 West still needs to be examined. Stop signs will be placed to give right-of-way access to the parking lot from 4800 West. Shell MacPherson said that by moving the compressors and the revised equipment package eliminates the need for Soundblox. The Commission agreed. Openings on the compressor wall are required for ventilation. Narrowing the throat after the truck route deters south truck egress. Changing the location of the compressors and adding a jog slows truck speeds.
AMEND MOTION: C. Brown - To recommend approval subject to the following: 1) That the landscaping plan be revised to include those trees on the list of approved trees with the exception that Austrian Black Pine is acceptable. 2) Acceptance by the City Council of a Livability and Safety Standards Plan. A Livability and Safety Standards Plan shall be recommended by a created Traffic Safety and Livability Oversight Committee (TSLO) consisting of the standing Site Plan Review Committee, two at-large representatives from the developers and two at-large Cedar Hills community members. The TSLO at-large committee members shall be appointed by the Mayor with the advice and consent of the Council. The TSLO shall be chaired by the chairman of the standing City Site Plan Review Committee. The TSLO recommendations shall be made by a majority vote. Allocation of costs associated with the Livability and Safety Standards Plan shall be allocated as follows: City of Cedar Hills: 1/3; south development: 1/3; north development: 1/3. Suballocation shall be based on equivalent residential units vs. anticipated project plan as projected by the City Planner. This would probably be inserted into a development agreement. 3) Review of the need for extended left-turn staging lanes on westbound Cedar Hills Drive. 4) Traffic related exactions were based on a Fehr and Peers 2/15/2007 Traffic Impact Study, 5) exaction adjustments to be based on an accepted development agreement calling for post-construction traffic measurement and study conducted by the applicant at a period one year after issuance of occupancy. If empirical observations of post-construction measurement and study indicate additional mitigations required, they shall be installed at applicants’ expense, proportional to project ERUs as determined by the City Planner. 6) The City Council may also, at their option, accept a cash bond in lieu of installation of mitigation devices, which would possibly be put into a management agreement. 7) No truck ingress/egress shall be permitted from Cedar Hills Drive or to Cedar Hills Drive. 8) The interconnectivity between the south-east outlot’s site approval. 9) Access cross easements shall be recorded as part of the CC&Rs associated with site development, which would probably be in a management agreement. 10) Acceptance of a revised main middle/west access offsets plan that creates a safer and more logical traffic flow in harmony with the recorded sketch. 11) Addition of pedestrian flow paths between the Wal-Mart sit and the outlots, specifically at the main middle/west access, in harmony with the recorded sketch. 12) Adoption of a development agreement and conditional use permit demanding maximum daytime commercial activity L1, L10, L90 levels of 68 dBA, 60 dBA and 52 dBA respectively; further more, maximum nighttime commercial activity L1, L10 and L90 levels of 50 dBA, 50 dBA and 45 dBA respectively. 13) Bale and pallet storage shall not be permitted higher than the adjacent wall, and shall be screened from residential areas. 14) Outside storage containers and sales per conditional use permit. 15) Overnight parking shall not be allowed as outlined in the Design Guidelines. 16) Final review and acceptance of senior citizen, disabled persons access and parking (ADA) and sick kid and possibly pregnant women parking locations. 17) Construction access via 4800 West only. 18) Streets shall be kept free of dirt and debris during construction. 19) Fire marshall and police chief approval. 20) Legal review. 21) Verification of water rights submitted. 22) The issuance of a conditional use permit and acceptance of the conditional use permit by the City Council. 23) Acceptance by the City Council of recorded CC&Rs providing for the construction, completion, reasonable maintenance, upkeep and cleanliness, and surety of the combined project site in accordance with the City’s subdivision ordinance, and section 4.5 of the Design Guidelines. Said CC&Rs shall allow for the inclusion of adjacent development as a future phase and association member. and 24) Subject to approval and recording of a subdivision plat. Accepted and seconded by C. Chandler.
C. Gleason Motion passes.
6. Review/Recommendation on Final Site Plan for Commercial Development – Outlots (10:17 p.m.)
See handouts. The current proposed subdivision plan shows the property line at the 94-foot right-of-way. Mountainland Association of Governments has told the City that there will be a 106-foot right-of-way. The City would like the 106-foot right-of-way. Phillips Edison contends that the centerline has not yet been determined and there is more room for expansion on the west side of the road. They do not want to dedicate the full 106 feet at this time. The 94 feet have been dedicated to the City. Building placement will account for a 106-foot right-of-way.
Phillips Edison included all the features that were requested by the Planning Commission at preliminary site plan approval. Phillips Edison added more brick on the east side of the building. The proposed treatment for the bottom of the retention basin is bio meadow. It is maintenance free and drought tolerant. A wildflower mix can be added to the grass. It would be irrigated for the first two years and then becomes self-sustaining. A small plaza has been added behind the Welcome to Cedar Hills sign that connects to a sidewalk that runs along Cedar Hills Drive. The area landscaped is 32.1% landscaped. There is a discrepancy in the Design Guidelines between the acceptable tree list and the description of the streetscape. On 4800 West it should be the London Plain. The trees on the street should be 2.5 caliper.
MOTION: C. Clement - To recommend approval of the Phillips Edison Retail Outlots final site plan, subject to: 1) Adoption of a development agreement and conditional use permit demanding maximum daytime commercial activity L1, L10 and L90 levels of 68 dBA, 60 dBA and 52 dBA respectively; further more, maximum nighttime commercial activity L1, L10 and L90 levels of 50 dBA, 50 dBA and 45 dBA respectively. 2) Signs shall be subject to all provisions of the Cedar Hills sign ordinance. 3) The City Council will make a finding at final site plan approval as to which facade(s) of the buildings will be determined to be the building front(s). 4) Construction access via 4800 West only. 5) Streets shall be kept free of dirt and debris during construction. 6) Curb and gutter alignments for 4800 West shall be verified for right-of-way width. 7) An approved subdivision plat shall verify the proper right-of-way dedication. 8) Sidewalks to be installed by developer. 9) All utilities for complete site improvements shall be included as part of the subdivision requirements. 10) Fire marshall and police chief approval. 11) Legal review. 12) Verification of water rights submitted. 13) The issuance of a conditional use permit and acceptance of the conditional use permit by the City Council. 14) Acceptance by the City Council of recorded CC&Rs providing for the construction, completion, reasonable maintenance, upkeep and cleanliness, and surety of the combined project site in accordance with the City’s subdivision ordinance and section 4.5 of the Design Guidelines. Said CC&Rs shall allow for the inclusion of adjacent development as a future phase and association member. 15) Subject to approval and recording of a subdivision plat. and 16) Tress on 4800 West in landscaping plan to be London Plain. Seconded by C. Gleason.
C. Gleason Motion passes.
If needed, the Planning Commission is willing to hold a special meeting to consider the subdivision plat.
7. Committee Assignments and Reports (11:30 p.m.)
• C. Chandler: Attended the Parks and Trails Committee meeting.
This meeting was adjourned at 11:30 p.m. on a motion by C. Gleason, seconded by C. Brown, and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Commission:
May 24, 2007