Rob Dalley showed grade level and in our code we take the average from high to low point. They are 70 feet tall. We allow commercial height to be 35 feet. This elevation will sit three feet lower at grade. The steeple would sit 38 and a half feet higher. Commissioner Dave Robinson inquired what are the other churches? The Center Street measurement is lower. Chuck Gillette stated that the Planning Commission at that time made them comply with the ordinance. Commissioner Dave Robinson inquired if we have a precedence and other churches at that height? Chad Spencer stated he could look back into other plans. Traditionally they are between 68 and 75 feet on a standard church as a maximum. This is a much bigger building with the same height steeple but proportionately it will be the same. This is a stake center. The steeple height is standard for the church. Chuck Gillette inquired if it will be a white steeple? Chad Spencer stated yes. Commissioner Dave Robinson stated this color would be consistent with the other two churches. We don't want to get into color. The school is to the north. Commissioner Pam Gardiol stated this is consistent and similar to other churches. Is it consistent with the surrounding environment? The steeple will be higher than any homes in the area. If the roofline is higher, will this tower? She would like to see it be brought down but leave it white. Commissioner Doug Clifford inquired why make it an exception if there are other types of these structures? By having it called out in our code, it would be the rule. Chuck Gillette stated a special height exception doesn't open the door. These type of requests are less frequent. Commissioner Dave Robinson stated he just pulled up the other two churches, and the steeples and fascia are white on both those churches. Commissioner Brandon Weight inquired if it is conflict with our code, don't they have to pursue an exception? Commissioner Dave Robinson stated this is a special height exception. This has nothing to do with color and has no basis. Chuck Gillette stated color should have been discussed and the Conditional Use Permit. Bryan Pack stated what was presented to the Planning Commission had white on it, and it was approved. Commissioner Pam Gardiol read code 16.28.106 Item 2B and this needs to comply with the zoning district, including height. It doesn't. Item D says it will not have a materially adverse affect upon the character of the area. Item G is to prevent or minimize adverse effects. Maybe the parking lot buffers it. She would like to see the steeple come down a bit. Commissioner Doug Clifford stated that height restrictions are primarily for views. If that is our dominant reason, this building's view angle is different. Rob Dalley stated the church sits pretty far back and would be within the 15 degree view angle. The further back they go it allows the angle. Commissioner Doug Clifford stated it doesn't block a view. There is no reason to lower the steeple. Commissioner Brandon Weight inquired if that steeple height is adjustable or is it cookie cutter? Chad Spencer stated that this is the style approved by the presiding bishop. This is a fairly new build with about ten of them across the state. Any modifications to this, he would need bishopric approval. It is much higher than his decision. Commissioner Brandon Weight stated it appears to be what others have done, he was just looking at other options. Chad Spencer stated it would definitely be a longer process. Commissioner Dave Robinson inquired if this is the same design as Santa Clara? The difference is theirs sits up on the hill. Rob Dalley stated that they are also lowering this pad elevation. Commissioner Dave Robinson stated if you are looking at the red mountain it is the entire parking lot. Views that could be affected were houses to the east. West is still farmland, and over to the north you have the school. His opinion is we have established design on the other two churches in our area. This won't affect the visuals. Commissioner Pam Gardiol stated that this can't be arbitrary, it has to be based on our criteria and findings of fact against which we approve or disapprove. Rob Dalley stated that they are laid out in the ordinance. The height exception is a special application. There is no adverse effects to people and they have already cut the lot down. The steeple sits to the north. Commissioner Dave Robinson stated that the findings are the precedence set and our laws are based on site line and this meets that criteria. Commissioner Brandon Weight stated these ranges for approval are between 50-75 feet plus and our ordinance is on the lower end but they are seeking approval for the higher range. Commissioner Dave Robinson stated the way this steeple is placed on the lot there is no view angle. 90% of the parking lot is behind it. Bryan Pack stated that reading through 16.28.106 Section 2 and 3 if you approve this, you are essentially saying these items are in place. This is an allowed special exception. Obviously the height is what is in question. Any adverse effects is probably the primary section and whether this would result in the destruction, loss or damage of scenic or historical features of significance. Section 3 states that this will not be detrimental to people or injurious to property and will not create a nuisance and located on parcel of sufficient size to accommodate the special exception and will not have a negative impact on adjacent properties or the character of the area. Chuck Gillette inquired if the steeple is lighted? Chad Spencer stated the church steeple is not lighted. Commissioner Brandon Weight stated he is convinced now that it is not going to be a nuisance. Rob Dalley stated this will go to City Council on Thursday.
MOTION: Commissioner Dave Robinson moved to approve recommendation of a Special Height Exception for The Church of Jesus Christ of Latter-Day Saints, located at approximately 300 East and 200 South. The Church of Jesus Christ of Latter-Day Saints-Owner. Chad Spencer-Applicant, based on the fact that there is already statute and two other similar height churches in the area, and it does not hinder views and the size of land accommodates this. Commissioner Pam Gardiol voted nay based on 16.28.106 Section D and she believes it will have an adverse effect on the character and also Section 3D regarding the character of the area.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried.
| Chair Perry Brown |
AYE |
| Commissioner Dave Robinson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Brandon Weight |
AYE |
| Commissioner Pam Gardiol |
NAY |
Rob Dalley stated we have spoken about this ordinance and the public wanted this to be removed. General Plan Page 19 shows that 70% were opposed to High Density and short-term rentals and the community did not want this was the general consensus. Bryan Pack stated this is our existing ordinance drafted with highlights. Rob Dalley stated It doesn't have to be taken out. We are just suggesting that it could be. Chuck Gillette inquired do we need an Resort Mixed Use or does the Resort Commercial cover it? Rob Dalley stated the public was against this. Commissioner Dave Robinson stated that the goal was to be a destination resort community and the public wanted to go away from that. But we have discussed this and we needed to retain that zone in order to support the resorts that we have here. We don't want any more but we need to make sure we support the ones we have here. Commissioner Doug Clifford stated that the phrase is a mixed-bag because it was in our plan and we executed that, but we are sensitive to landscape and views and we have done a reasonably good job with that. He doesn't see any reason to take it out. It will become a continuing issue in the life of our community. We are still working on it right now with high-density housing. Commissioner Pam Gardiol stated the ordinance's findings states it will be better for the City's residents who have voiced their desire to no longer become a destination resort community. The survey was a factor that we are trying to go away from that. Rob Dalley stated we have been tasked to clean up and follow the General Plan. Commissioner Dave Robinson stated the section he has issue with states "amending the City's Resort Commercial is better for the residents who have voiced their desire to no longer become a resort destination." We are way beyond that. We are already that. That time has passed. We have billions of dollar spent in our community. The community may have that opinion, but reality has to come together somewhere. Bryan Pack stated nothing in this ordinance is new. The highlights are to show that these statements are inconsistent with the General Plan. It is no longer our goal to continue to do that. It is no longer a factually accurate statement. That statement doesn't add to the ordinance. Commissioner Doug Clifford stated that it should be changed that it was the plan and goal at that time, and it was executed and the goal is to continue to be sensitive to the landscape and views and we have achieved that goal. Commissioner Brandon Weight stated that he agrees that it doesn't have anything to do with the ordinance. Goals are not what we follow. It should go. Commissioner Pam Gardiol stated she concurs. Commissioner Dave Robinson stated that he agrees with that. The statement needs to be erased about voicing their desires to no longer become a resort community. It does not support what is already here. Strike that and strike the other yellow area. The other highlights need cleaned up. Pools should be a Class II. That is building. It is not a situation that needs to come to the Commission. Commissioner Brandon Weight stated the next one should be 30k square feet. Commissioner Dave Robinson stated that's a typo. Bryan Pack stated we have a new lighting ordinance that is in Chapter 23. Strike Chapters 19 and 22. Commissioner Brandon Weight stated he has issue with calling out documents that change regularly. Why call out the General Plan? Commissioner Dave Robinson stated the General Plan is the broader picture of what we want the City to be and ordinances guide us towards that. Bryan Pack from a general drafting point he agrees. In the recitals it is fine, but in the actual text of the code just what is allowed and required should be listed. Commissioner Brandon Weight stated it in the whereas on the first page, but remove it elsewhere so every time the General Plan changes, we have to change ordinances. Chuck Gillette stated that original writers listed those items under purpose of zoning districts. We can take the reference out, but he can see why they are placed in there. Rob Dalley stated we will redline what we discussed and bring it back.