Kevin Rudd indicated that the property is adjacent to The Palisades between 200 East and 200 North Park Avenue Way. The property is currently zoned RE-43 (Residential Estates, min. lot size 43,000 sq ft.), and the proposed Zone Change is RE-15 (Residential Estates, min. lot size 15,000 sq. ft.). As per the Land Use Plan this parcel is located in Low Density Residential. The ranges of zones that qualify are RE-15 (Residential Estates, min. lot size 15,000 sq. ft.) to A-20 (Agricultural, min. 20 acres). There are ten (10) other zones within the 15,000 to 20,000 acres that could qualify. Any zones within those categories are allowed by the Land Use Plan. Staff does not make recommendation on zone changes. That decision is made by the City Council. Red Mountain Estates is in Medium Density on the Land Use Plan and the zoning is RE-12.5 (Residential Estates, min lot size 12,500 sq. ft.). The zoning on The Palisades is RE-25 (Residential Estates, min lot size 25,000 sq. ft.) with a Planned Development Overlay (PD) which gave them a density bonus. The adjacent lots in The Palisades are approximately 20,000 sq. ft. but in the south portion of The Palisades the lots get smaller. Also in the new phase of The Palisades at Snow Canyon there will be lots of 10,000 sq. ft. or smaller and that is allowed with a PD Overlay. The property north of this property is owned by the State and is the Red Cliff's Reserve.
Chair Loris opened the Public Hearing.
Zach Renstrom with Bush and Gudgell Engineering spoke in behalf of the applicant, and explained that this parcel has flooding issues. Therefore, they have been working on a storm drain master plan for the Palisades at Snow Canyon and the plan will go up to the southeast corner and will pick up all the drainage between the dike and the subdivision. The water will be redirected from the subdivision to take care of drainage issues. Also, they have been looking at the best use of this property with the adjoining neighbors, and they have tentative been looking at cul-de-sacs on both sides. On the south side there will be approximately ten (10) lots abutting the south property line. The applicant will have the ten (10) lots line up with the adjacent lots in The Palisades. The lots to the north next to the habitat will be a little larger. Although this is a Zone Change, they wanted to relieve the people's concern. The homes will be high end homes and will have the same architecture, the earthtone color scheme, lighting, flat roofs and strong CC&R's as The Palisades. They will follow The Palisades setbacks.
Janice Hasting is a new owner in The Palisades and her concern was notice of the public hearing.
Kevin Rudd explained that the City is required to give a courtesy notice to property owners within three hundred feet (300') of the property, and a courtesy notice was mailed out.
Dale Coulam explained that all public hearings are published in the paper in the legal notice section.
Janice Hasting felt that anyone within proximity of that roadway would be interested and potentially would not have the means to know about it. There will be three times the traffic going up that street.
Chair Loris announced that they had also received two letters. One letter was received from Ted and Gayle Sorenson who live in The Palisades and another letter from Dale and SherRon Houghton in The Palisades. Their proposed requirements are covered within the ordinance. These letters are part of the public record. There was no further comment. The Public Hearing was closed.
Commissioner Anderson inquired if the property was zoned RE-17.5 with a lot averaging overlay would they still be able to match The Palisade lots?
Kevin Rudd explained that with a lot averaging overly the maximum lots that could be under the RE-17.5 are 25%. On a RE-17.5 zone the minimum lot size on the 25% lots would be 13,000 square feet. The lots adjacent to this property are approximately 20,000 square feet.
Commissioner Scott reviewed the lots in The Palisades that backed up to Roush's property. The lots are approximately 20,000 square foot lots. The Zone Change request is dropping from one acre to 15,000 square foot lots. Compared to the adjacent lots, it's not that much of a difference. Also, Red Mountain Estates is zoned at RE-12.5. The front of The Palisades calculates to approximately 1.2 or 1.3 of the Roush's lots for every one of the Palisades lots. It's not a large impact but it is an impact. If he matches those lots, it would be terrific.
Commissioner Anderson asked if the lots are matched up would they be 20,000 square feet.
Chair Loris stated not necessarily because The Palisades lots would be a little shallower.
Commissioner Scott commented that the road would continue through the center of Roush's property. With the depth of Roush's property and by putting lots to both sides of the street, it's less area than directly below in The Palisades. The depth and width of the property will squeeze the property.
Chair Loris commented that The Palisades is already developed and the Palisades at Snow Canyon is a similar design and it touches the east side of Roush's property. Therefore, if they develop the same way with a double cul-de-sac, this project becomes almost an additional phase to The Palisades. If they plan to have the smaller lots on the front with the larger lots to the back and if the zoning is dropped to RE-15, it doesn't make sense to have the lots to the north that small because they are great view lots.
Commissioner Anderson commented the houses can be closer to the Reserve because there is open space and will not impact anyone.
Chair Loris mentioned that Citadel Estates also adjoins the Red Cliff Reserve, and the houses there are next to the Reserve and are estate lots.
Commissioner Pack asked based on ten (10) acres do we know how many lots could be developed under the proposed zone of 15,000 square feet.
Kevin Rudd commented that Staff has not analyzed it at this point.
Commissioner Pack asked between a RE-15 and RE-17.5 zone or RE-20 wouldn't it only be a lot or two or maybe three.
Zach Renstrom stated they are looking at 18 to 19 lots. The existing house is being torn down. Once the existing house is finished the number of lots can be determined. The deeper lots on the south of The Palisades climb up but this project will not have that on the south side.
Robert Roush, owner, stated that The Palisades' setbacks are thirty-five feet (35'), and he wants the lots adjacent to The Palisades to be thirty-five feet (35') also. He does not plan to have any more than ten (10) lots to the south of his home. These setbacks will apply to the southern lots, not the northern lots. The side yard setbacks will be fifteen feet (15') and at The Palisades it's ten feet (10'). The homes will have a flat roof.
Kevin Rudd stated the City's ordinance is twenty-five feet (25') for the height.
Commissioner Anderson stated with ten (10) acres based on 19 lots the allowance for roads is 80% which equates to 18,000 square foot lots. With RE-17.5 zone and lot averaging they could still get nineteen (19) lots.
Commissioner Scott commented if they were developing 18-20 lots how many are they allowed below 17,500 square feet. At 25% with 20 lots that equates to five (5) lots under 17,500 and there are ten (10) lots that abut The Palisades that would be below the 17,500 so they cannot make it work at RE-17.5.
Commissioner Anderson felt that the lots next to the Reserve should be the smaller lots because there is the open space behind them.
Commissioner Scott stated that he would pay more for a house if there was open space behind him with a larger lot and the larger house.
Commissioner Pack commented the difference between the two (2) zones is just a couple of three (3) lots. The impact is not that much greater for the 15,000 square foot lots. He was okay with the proposed Zone Change.
Dale Coulam commented there is no lot averaging with the RE-15 zone. With the RE-17.5 it is impossible to line up and match the lots to the south even with lot averaging because of the percentage limitation of lots that can be smaller than 17,500 don't line up with the adjacent lots.
Commissioner Anderson commented they would have to make the lots to the north smaller. His theory was to have the smaller lots to the north and use the open space next to the Reserve to create open space instead creating open space on the lots within the subdivision.
Chair Loris stated it doesn't make sense because it doesn't seem feasible for a business owner to put smaller lots next to the Red Cliff Reserve. They cannot market that large economy to come in and pay for budget and the proposed development.
Commissioner Scott stated it's a valid strategy but it's not every developer's choice.
Commissioner Anderson just wanted to discuss it to see if the RE-17.5 would work because it is between the RE-15 and RE-20.
Commissioner Scott and Commissioner Pack were in favor of the RE-15 zone and Commissioner Anderson stated he would support the RE-15 zoning because he cannot put an overlay on it and get more density.
Chair Loris was also in favor.
MOTION: Commissioner Bryan Pack moved to recommend on Proposed Zone Change from RE-43.0 (Residential Estates District - minimum lot size 43,000 sq. ft.) to RE-15 (Residential Estates District - minimum lot size 15,000 sq. ft.) located approximately 400 East to 600 East and 350 North to 400 North. Roush Enterprises, LLC, owner, and Robert Roush, applicant
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Chair Jeffrey Loris |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
Dale Coulam stated there was a question on noticing, and he asked the applicant if he was intending to move this along or if he was okay with the first City Council meeting in August. The date was set for the Public Hearing to be August 7, 2014 for the City Council. This will give more notification time to the neighbors.