MINUTES. SNYDERVILLE BASIN PLANNING COMMISSION REGULAR MEETING TUESDAY, MARCH 27, 2018 Sheldon Richins Building 1885 West Ute Boulevard, Park City, UT

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1 COMMISSIONERS PRESENT: MINUTES SNYDERVILLE BASIN PLANNING COMMISSION REGULAR MEETING TUESDAY, MARCH 27, 2018 Sheldon Richins Building 1885 West Ute Boulevard, Park City, UT Bea Peck- Chair Thomas Cooke Ryan Dickey Canice Harte STAFF PRESENT: Patrick Putt Community Development Director Peter Barnes Planning & Zoning Administrator Jami Brackin- Deputy County Attorney John Kucera Joel Fine Malena Stevens Amir Caus- County Planner Ray Milliner- Principal Planner Kathryn Lewis- Recording Secretary The meeting was called to order at 4:30 PM. REGULAR SESSION 1. General Public Input The public hearing was opened. No comments were made and the public hearing was closed. 2. Discussion and possible action regarding a Conditional Use Permit to construct a natural gas regulator station; 4400 N S.R. 224; PP-105-A-X; Joseph D. Kesler, applicant Amir Caus, County Planner Planner Caus said the applicant is Dominion Energy. They wish to construct a natural gas regulator station located on Highway 224. The parcel is.33 acres in size. A vicinity map showed the location of the parcel. It is currently owned by Summit County but an agreement has been reached between Dominion Energy and Summit County for the

2 Page 2 of 16 purchase of the property. Dominion Energy predicts that the facility will accommodate future natural gas needs for the next 25 years. Planner Caus said the minimum front setback along Highway 224 is 100 feet. In January, the Board of Adjustment granted a 34-foot setback variance. They also granted an additional 10-foot front setback variance should the Commission desire additional space between the structure and the neighboring residence. Planner Caus said there are two different landscape plans that the applicant will describe in their presentation. APPLICANT S PRESENTATION Joseph Kesler introduced himself. He is an attorney with Dominion Energy. Chad DeMille who also works for Dominion Energy as a high pressure engineer was present. Mr. Kesler said they have a slide presentation that will further flesh out the proposal. He said there is an existing fence along the property line. The neighbors do not oppose the facility being built next to the fence line. A slide was shown of the current available gas pressure and the pressure that will be needed for the future. Without upgrading, the pressure will be unreliable for future needs. An aerial photograph was shown of the location of the parcel. Mr. DeMille said this property is centrally located to the area where service will be provided. Less equipment will be needed because the gas will not have to be piped as far. A picture was shown of where the equipment will be located on the parcel if the wall is built next to the existing fence line and the location if the Commission desires to scoot the site ten feet closer to Highway 224. Mr. DeMille said there is redundancy of regulators in case of failure. The only real question of safety is if a car should veer off Highway 224 and hit a regulator. That is why they prefer to have the station as far as possible from Highway 224.

3 Page 3 of 16 Mr. DeMille showed illustrations of two optional wall materials surrounding the facility. One choice is metal cladding similar to the regulator station located near the Tanger Outlet. Because of the coloring, the wall seems to melt into the background. The other option is river rock. The Snyders Mill HOA has said they prefer the river rock to match their monument sign at the entrance of the subdivision. Mr. DeMille said the HOA has told them that water is not available to the site. That means the vegetation will need to be natural to the area. There are existing trees on the site. The dead trees will be removed. If the site is placed 10 feet closer to Highway 224, additional trees will have to be removed. Their studies indicate that the noise of the facility will be less than the noise of the highway. Commissioner Dickey asked what will happen to the old site. Mr. DeMille said the equipment will be removed and the site will return to the natural vegetation. The public hearing was opened. James Duebber said he is the president of the Snyders Mill HOA. They prefer the river rock for the wall surrounding the facility. He explained the water situation for the subdivision. It is totally used by mid August. He said this property is currently not watered. He hopes the applicant can obtain water elsewhere. The public hearing was closed. COMMISSION COMMENTS AND QUESTIONS Commissioner Harte confirmed that the Community Development Director will be the final decision maker about the materials used for the wall. Commissioner Harte said the Commission has always been very sensitive of the visual impacts of any development along Highway 224. He said the salt used in the winter may kill any

4 Page 4 of 16 vegetation that is planted there. He questioned if this is the right location for a regulator station. Highway 224 is an entry corridor. Are there other location options? Commissioner Harte asked how often regulators fail. Mr. DeMille said he has not seen any failures in the year he has worked for the gas company. He understands the only probability would be if a regulator is hit by a car and it is severed from the rest of the equipment. Mr. Kesler said if that happens, gas will be released into the air. That is why they prefer a sturdy wall along the highway. A discussion ensued on the landscaping. Natural grasses, xeriscaping, or gravel could be used. It was noted that a method of watering the vegetation by the Tanger Outlet was less than successful. Commissioner Dickey said shrubs would be less costly to replace than trees, if the vegetation is killed by the highway salt. Mr. DeMille said without water, it is questionable that trees would survive. Commissioner Fine asked how long construction will take. Mr. DeMille said it will be about one month. He said the outer wall will be approximately 65 feet from the right of way. He added that a berm could be built to further protect and hide the station. Chair Peck asked what the difference is between a masonry wall and the cladding. Would the cladding be sturdier? She was told the masonry wall would be reinforced with rebar. Commissioner Cooke asked what is driving the future needs. Is it the Canyons development? Mr. DeMille said the current regulator station is not up to their standards. It already needs to be upgraded. They prefer to have four regulators so two can be active while two are being cleaned. Commissioner Cooke said he also questions if this is the appropriate location. He doesn t think this would be consistent with the neighborhood character. He referred to

5 Page 5 of 16 Standard 5. He asked how a utility facility can be consistent with the character of a residential neighborhood. Commissioner Harte said no utility could meet Standard 5. Director Putt said it is not in the purview of the Commission to determine the location. They need to determine if the impacts have been mitigated. Commissioner Cooke said he prefers to not have gravel on the site. It would interfere with the bike path along the road. Mr. DeMille said the driveway would be asphalted. Someone will come once a month to maintain the property. Commissioner Kucera said because this is a major view corridor, he thinks it would be more appropriate in a commercial setting. He was told that this is the only property available for sale in the area. Director Putt said public art could be placed in front of a berm to help beautify the area. Chair Peck said this site makes the most sense. It would avoid the need for Dominion Energy to condemn property. Commissioner Stevens asked about the noise for the adjacent properties. Would this be a constant noise source? Mr. DeMille said the noise will depend on the time of year. It will be loudest on the coldest days during peak hours. On July 30, at 2:00 p.m., there would be very little noise. Commissioner Stevens asked how many trees will be removed. Mr. DeMille said there are three dead trees on the lot which will be removed. Commissioner Stevens said this seems to be the best long-term solution. She likes the idea of a berm and public art. Commissioner Harte said the Commission can place any condition they see fit. They shouldn t assume that water can t be brought in. It isn t the Commission s job to figure out how this can be done. Chair Peck said she doesn t believe they can condition the

6 Page 6 of 16 property to be irrigated if water isn t available. A discussion ensued on the character of the land and the impact to the existing split rail fence. Director Putt said they can add a condition that the landscaping plan will be approved by the Community Development Director by the time of construction. Planner Caus reminded the Commission there are two landscaping options. Commissioner Harte said he prefers a third option, that the wall is hidden by vegetation. That shouldn t be ruled out just because it is difficult. Mr. Duebber said the HOA likes the idea of a berm with evergreens. Could the applicant tap into the water lines that run along Highway 224? Commissioner Dickey said he would like to take a site visit before a berm is required. Commissioner Harte said the details can be worked out with the applicant and Director Putt. Chair Peck said because the Commission seems divided over the issues, this should be brought back for another meeting. She requested the applicant return with renderings of the different landscaping plans and pictures of the area. 3. Discussion and possible action on two Final Subdivision Plats located at the Colony at White Pine Canyon; 314 White Pine Canyon road; PP-11 and PP-15; John O Connell, applicant Amir Caus, County Planner The public hearing was opened. There were no comments made and the public hearing was closed. Planner Caus displayed the vicinity map. He said this property is located between two ridges. This means there are no visibility issues. The applicant is proposing to plat 19 lots, which is the remaining density of The Colony. Staff is recommending approval as outlined in the Staff Report with two additional conditions. The conditions were displayed.

7 Page 7 of 16 Planner Caus explained the Fire Department requires a secondary year-round access road be completed after the first certificate of occupancy is issued. The road shall meet all Engineering standards and Park City Fire Department requirements. This includes the completion of the ski bridge. Chair Peck asked what the definition is of an allweather road. Attorney Brackin said the Fire Marshall states the road shall be asphalted so that it can be plowed during winter. Commissioner Cooke noted there are two ancillary parcels. What are the intentions for these parcels? Why are they on the plat? The applicant, John O Connell, said these parcels will be dedicated as open space. This will be designated by plat notes. Commissioner Cooke asked if these are contemplated to have some type of use, such as storage. Mr. O Connell said they are not. Attorney Brackin added that storage is not allowed in the Mountain Remote zones. Commissioner Dickey asked if the second condition (involving the paving of the secondary road) should have a time box added to it. Attorney Brackin explained one certificate of occupancy can be issued before the road is built, but no further building permits will be issued until it is completed. The condition can be changed to read that the secondary road must be completed prior to issuance of the second building permit. Chair Peck asked if this is a standard requirement. Mr. O Connell said it isn t standard for the rest of The Colony. They have miles of road throughout The Colony that are not paved and do not have year-round access. This is a new condition that has never existed before now. Attorney Brackin said that in fairness, this has been talked about for a long time, but has been delayed by the developer until the last phase. This is the first time the County has pushed back. Chair Peck asked the applicant when they planned on putting the road in. Mr. O Connell said it is puzzling to him that that they have hundreds of homes that don t

8 Page 8 of 16 have a paved secondary access and never will. This is a new condition and does not exist in the rest of The Colony. Attorney Brackin said a secondary access is required by both the existing and the new Fire Code. She referenced the Rockport Estates fire. Both the primary and secondary accesses were engulfed in flames because they are close to each other. The two accesses should be in two different locations so that people have the ability to flee if needed. Having two access roads has been postponed as the phasing went along. Mr. O Connell said they are just finding out about this at this meeting. The secondary access is for fire, but there are no fires in the winter. They object to making it yearround. Chair Peck said this won t be approved until the requirements of the Fire Department have been met. She added that it is possible to have a house fire in winter. Planner Caus said there has been a recent change in the fire code requiring year-round access. Attorney Brackin said that the new Fire Marshall, Mike Owens, has defined year-round access as a paved road that can be plowed. Chair Peck said she doesn t think the Commission should arbitrate between the applicant and the Fire Department. This needs to be worked out between them. Mr. O Connell said because this is something they have just learned about, they would like to have a discussion with the Fire Department. They don t want this to hold up the project. Attorney Brackin said the Commission has the option of leaving this as a Condition of Approval. That would mean that Engineering and the Planning Department will enforce it as the permits come through. If the Commission wants to have this as a plat note and if it were changed, a plat amendment would be required. Planner Caus said that for the sake of consistency and transparency, Staff would prefer a plat note. Attorney Brackin said they can work with service providers to finalize the language of the plat note. Commissioner Dickey asked if there is any question that a

9 Page 9 of 16 paved road would not have to be put in. Planner Caus said the fire code gives discretion to the Fire Marshall to require paved roads. Commissioner Harte said he thinks the Commission is trying to find a way that the applicant doesn t have to come back for another meeting. Attorney Brackin said it would be fine if the Commission allows Staff to work it out. Mr. O Connell said that would be appreciated. Commissioner Harte made a motion to approve the proposed Colony Phase 5G and 5H Final Subdivision Plats according to the findings of fact, conclusions of law, and conditions of approval as stated in the Staff Report and as outlined below. The additional conditions proposed by Staff at this meeting will be included in the approval. The motion was seconded by Commissioner Fine. FINDINGS OF FACT 1. Iron Mountain Associates LLC, are the owners of record of PP-12 ( acres) and PP-15 ( acres), located at 314 White Pine Canyon Road. 2. PP-12 and PP-32-A are currently undeveloped. 3. The proposed Final Subdivision Plats are legally described as The Colony at White Pine Canyon Phase 5G Meadow Lakes Subdivision Plat and the Colony at White Pine Canyon Phase 5H Meadow Lakes Subdivision Plat. 4. The proposed Colony at White Pine Canyon Phase 5G consists of four lots and totals acres. 5. The proposed Colony at White Pine Canyon Phase 5H consists of four lots and totals acres. 6. The Canyons Development Agreement establishes that all development within the Colony shall go through the Minor Development review process. 7. The Snyderville Basin Development Code establishes that the Snyderville Basin Planning Commission is the Land Use authority for minor developments.

10 Page 10 of Postcard notices announcing the public hearing were mailed to property owners within 1,000 feet of the subject parcels on March 14, Public notice of the public hearing was published in the March 16, 2018 issue of The Park Record. 10. Service providers have reviewed the plats for compliance with applicable standards. 11. Staff has reviewed the plat for compliance with applicable Development Code standards. 12. Staff has reviewed the plats for compliance with Development agreement standards. CONCLUSIONS OF LAW 1. The subdivision complies with base zoned density according to section of the Code. 2. The subdivision is generally consistent with the spirit of the General Plan. CONDITIONS OF APPROVAL 1. The proposal complies with the base zoned density or incentive density according to Section of the Snyderville Basin Development Code, established for the property described in the application. 2. The proposal is generally consistent with the spirit of the general plan. 3. The proposal conforms to all pertinent provisions of the Snyderville Basin Development Code. 4. The proposal complies with all appropriate concurrency and infrastructure provisions of Chapter 4 of the Snyderville Basin Development Code 5. The proposal is not detrimental to the health, safety, and general welfare of residents of the Snyderville Basin. Conditions of Approval

11 Page 11 of The secondary access road will be improved prior to the recordation of the plat as requested by the Park City Fire District. 2. All other service provider requirements shall be met. 3. Open Space dedications shall be confirmed by the Attorney s Office prior to Final Plat Recordation. 4. The developer shall provide a secondary year-round all weather access road prior to issuance of the first Certificate of Occupancy. 5. After the first Certificate of Occupancy has been issued, the developer shall provide a paved secondary access road that meets all Engineering Department and Park City Fire Department requirements. This includes the completion of the ski bridge required as part of this access. MOTION CARRIED (7-0) 4. Approval of Minutes November 28, 2017: Commissioner Cooke made a motion to continue to approve the minutes as written. Commissioner Fine seconded the motion. All voted in approval. MOTION CARRIED (6-0) Commissioner Dickey abstained. WORK SESSION 1. Discussion regarding a Plat Amendment to relocate the limits of disturbance area on Lot 3 of the Brookside Estates Subdivision- Amir Caus, County Planner Gene Arnold (the applicant) and Carol Wrenn (the homeowner) were present to discuss the application. Planner Caus displayed a vicinity map. He pointed out the Colby School and the Temple Har Shalom. The proposed building pads were outlined in red. The existing building pads were outlined in green.

12 Page 12 of 16 A rendering of the house design and layout was shown along with the proposed access to the property. Planner Caus showed where the ditch runs on the property. It is about 2-2½ feet deep. Photographs were shown of the proposed location of the house and the barn. Planner Caus explained the applicant is requesting to relocate the disturbance areas on Lot 3 of Brookside Estates. The proposal will separate the building pads of the barn and the house. The area of disturbance for the house will increase by about 1,000 square feet. The limit of disturbance for the barn would decrease. Overall, there will be a net decrease. The applicants have applied to remove the wetlands designation from the Army Corps of Engineers. This has been granted by the USACE. Planner Caus said the existing building pads were clustered on the east side of the ditch away from the previously identified wetlands. The existing building pads did not require the access or the utilities to cross any bodies of water. What is currently being proposed will cross the ditch. If approved, the proposed home will be located above the ditch. This would create the potential for storm run-off from the house and possible contamination of the ditch. Planner Caus said with the current proposal, the utilities would have to cross the stream/ditch. This could introduce impacts not contemplated by the original approval. He noted construction of a bridge would require disturbances outside of the designated building pads. Staff is requesting a discussion among the Planning Commission about if the rationale submitted by the applicants constitutes good cause sufficient to amend the original plat. Alternately, does the request constitute a self-imposed hardship by virtue of the design? Chair Peck asked Planner Caus to indicate on the vicinity map where the stream is located. She asked if this is McCloud stream or is it a ditch. Planner Caus showed where

13 Page 13 of 16 the ditch is located. He said Staff was unable to find a ditch company that controls the gate to the ditch. That means the ditch is considered to have been reclaimed by nature. Essentially, the ditch has been abandoned. Planner Caus said because the ditch is no longer controlled by gates, it becomes designated as a stream. It is a year-round stream. Many years ago, the ditch belonged to a mining company. Ms. Wrenn said she believes it is designated as an irrigation ditch because it doesn t follow the topography of the land. Chair Peck asked if it is known where the water comes from. Ms. Wrenn said it comes from White Pine Canyon. A discussion ensued about the creek and if it connects to East Canyon Creek. Chair Peck noted that the ditch isn t being used for irrigation. APPLICANT S PRESENTATION Ms. Wrenn thanked the Commission for their time. She and her husband purchased the land in August She said that Gene Arnold is with White Pine Construction. He is helping with the process. They love the land, the trees, and the water. Ms. Wrenn said their goal is to build their full-time home while maintaining the integrity of the property. The property is four acres. It is one of five lots in the Brookside Development. She explained that originally Brookside was platted to have seven residential lots. With the construction of the Temple Har Shalom, four residential lots were left. Only Lot 5 has been built. The property owners of Lot 5 also had to change the location of their house and barn. Ms. Wrenn said they have gone through a number of wetland studies. The Army Corps has determined there are no longer wetlands on the property. The land slopes slightly from west to east. The ditch is on the west side of the property. The current building pad is approximately 20 feet from the ditch and slightly downhill.

14 Page 14 of 16 Ms. Wrenn said their request is to move the house to the center of the property. They are increasing the size of the house slightly. The house will range between 5,000-5,500 square feet. They would like to move the barn to the middle of the back area. These actions will remove fewer trees. The house will not be within line of site of the Temple or its parking lot, which is lit at night. They will be further removed from all neighboring property lines. All of the neighbors are in agreement with this action and have stated so in writing. Mr. Wrenn said the house will be a little bigger, the barn and the driveway will be a little smaller. The area of disturbance will be about 2,500 square feet less. Additionally, the barn placement allows for a turnaround for a fire truck. Ms. Wrenn said the new placement mitigates any flooding potential to the house. The number of total trees impacted by the development will be reduced by about 70. They believe if this is done, there are more positive attributes than there are negatives. Ms. Wrenn said a property owner of the Temple parcel put in a water pipe, rather than have a ditch. She said the pipe ends shortly after entering their property. She clarified they don t want the water piped; they like the ditch. To mitigate any potential run-off, they are proposing to install a french drain on the uphill side. This would catch any run-ff that might impact the stream. COMMISSION COMMENTS AND QUESTIONS Chair Peck asked if the utilities would have to be stubbed under the ditch. Ms. Wrenn said that is correct. The utilities will run them along the driveway and then under the ditch. Commissioner Stevens asked what the view of the property from Highway 224. She was told there is a large berm that hides most of the property. Commissioner Fine

15 Page 15 of 16 asked about the possibility of run-off from the house impacting the ditch. Mr. Arnold said the french drain will mitigate that potential. Commissioner Dickey asked if the ditch runs into the Colby property. He was told the ditch runs into the pond next to the Colby property. Commissioner Dickey asked if there were any other reasons, besides wetlands, that the building pad was located at the designated spot. Attorney Brackin said a previous Commission wanted to preserve the trees. The building pads were located in order to save as many trees as possible. Commissioner Kucera asked how they evaluated the number of trees impacted. Ms. Wrenn said the building pads were marked and they counted the trees beyond that area. She said they have had 20 truckloads of dead trees removed. If they build within the existing building pads, they will be removing most of the trees on that side of the ditch. Mr. Arnold said on the original plat, there was a cul-de-sac where the Temple is located. He added that people driving into the parking lot will have their headlights shining directly into the house if it is built where currently designated. Commissioner Dickey said when they come back for a public hearing, he would like to have it verified, preferably by Staff, that fewer trees will be removed if development occurs at the proposed location. Mr. Arnold responded that is a reasonable request. Commissioner Fine said it was stated in the Staff Report that there is evidence of beaver activity. Mr. Arnold said there are beaver chews on small trees. No damming activity has been observed. Most of the damming is by the Swaner Nature Preserve. Ms. Wrenn said she visited the property before coming to the meeting. The water level is about 3 inches from flooding the ditch even though this has been a light snow year. She would prefer not to build on the downhill side to avoid flooding.

16 Page 16 of 16 DRC UPDATES (none) COMMISSION ITEMS A discussion ensued about the length and timeliness of the minutes. Commissioner Dickey asked if they might be less detailed in order to be received earlier. He would prefer to have the minutes patterned after corporate minutes. He believes this would be helpful to the members of the public. Attorney Brackin said detailed minutes are helpful whenever someone is reviewing what occurred during the meeting; particularly for the County Council when a Planning Commission action is questioned. The scarring of the trailhead of Highland Drive was noted. Director Putt said he will call Chad Ambrose from Rocky Mountain Power to discuss the situation. DIRECTOR ITEMS The retreat was discussed. A new date was set. Director Putt told the Commission the County Council will be holding a hearing about the Colby School, Woodward, and the Canyons Assessment area at their next meeting. ADJOURN At 7:04 p.m., the meeting was adjourned. Approval Signature