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Show Westview project rejected after neighbors object The Newspaper Thursday, May 6, 1982 Page A5 Two angry property owners highlighted a Planning Plan-ning Commission review which has led to denial ot the Westview project in Deer Valley. The 34-lot PUD was rejected at the April 28 meeting by a 4-3 vote. Land owners Peter Cole and Bob Carson each told the commission they bought lots at the southern-most end of the American Flag subdivision, subdi-vision, and were told the adjacent land, to the south, would always be open snace. Cole said he was "bitterly disappointed" to find a new portion of Westview planned for that site. Carson said he had paid extra to insure privacy. "Now I have the least private lot," he said. "I've got five people looking down my southern exposure." expo-sure." Cole admitted he was tardy in objecting to the Westview project, which has been on the commission's agenda four or five times previously. But he said he had never been told the project would come near his lot. He was told by Royal Street representatives that Westview consisted of a lower bench parcel to the west, with lots indicated by white posts, he said, "There are no posts in the new area." Bruce Erickson, of J.J. Johnson engineers, said Cole was wrong. "The planning staff has been up there," he said. "There are white posts on everything except Lot 25." He said Westview was first planned as just KY bench parcel in the 1977-78 master plan. But second portion, which rests on a north-facing slope, was no surprise, he argued. It had been added in the 1981 Deer Valley update. An objection from city planners concerned the road going through the new portion. por-tion. Since it rests on a slope turned away from winter sunlight. Bill Mammen noted, it would be difficult to keep free of ice. Bob Carson also objected that it would cut throught an area of dense trees. Some commissioners also questioned the written approval, ap-proval, which contained several sev-eral covenants and restric- Mayor breaks tie Mne Calls Silver Mill plans win council support These were the calls answered an-swered by the Park City Fire Protection District this last week: -Thursday, April 29-9:21 a.m., Shadow Ridge, smoke scare. Seven man hours. -Friday, April 30-12:11 p.m., Heber Avenue, elec trical fire in hot water heater. Thirteen man hours. -Saturday, May 1-11:10 a.m., Speers Junction, brush fire. Five man hours. Sunday, April 210:16 p.m., Prospector Square, smoke scare. Seven man hours. On their third try, the owners of Silver Mill of Park City secured an inducement resolution from the City Council last Thursday for $10 million in industrial revenue bonds to finance the construction con-struction of retail and commercial com-mercial buildings on Main Street. That show of support, however, came only after Mayor Jack Green broke a tie in the voting. In the first attempt to secure the resolution in early April, the issue was tabled since only three of the council members were present, and two of those Tina Lewis and Helen Alvarez argued strenuously strenuous-ly against the project. They emphasized that they favored fa-vored construction at the upper up-per end of Main Street and were confident the project was worthwhile, but argued against the architecture, which was presented as a style imitating historic buildings build-ings on the street. That imitative architecture, they said, would ultimately do more harm than good to Over Aerie Main Street. In the second meeting, Alvarez was absent. That left Lewis alone in her efforts to defeat the resolution. Councilman Bill Coleman abstained from the vote, noting that he had served as a broker when the property in question was sold, although al-though he had no business relationship with the current developers. The motion to approve the resolution passed, with Tom Shellen-berger Shellen-berger and Bob Wells voting yes, and Lewis no. But after the meeting, City Manager Arlene Loble noted that a resolution or ordinance ordin-ance must pass with three positive votes to meet requirements re-quirements of state law. Last Thursday, Silver Mill returned to the meeting. With little further discussion, discus-sion, Wells made a motion to approve the resolution. Coleman Cole-man reiterated his intention to abstain. The final vote among the four remaining voting councilmen ended in a tie Wells and Shellenberger for; Lewis and Alvarez against. The tie remained to be broken by Mayor Jack Green. "I certainly appreciate the concern of the members who voted no," said Green. "I'm very sympathetic to Helen's (Alvarez) concern of not "Disneyfying" Park City. I think your message is loud and clear to the developer (about altering the architecture). architec-ture). However, I don't feel the City Council is the form for architecture; I feel that should be dealt with by the Planning Commission and the Historic District Commission. Com-mission. I vote for the motion." The approval of the resolution resolu-tion means only that Park City has offered its support of the project, but the city is in no way liable financially. And while the resolution for the industrial revenue bonds passed, it is not a vote by the council to approve the architecture arch-itecture of the project. The developers must still seek approval through the normal planning channels. nmmeii Capsules New HDC member The City Council last Thursday approved the appointment appoint-ment of Paul DeGroot to fill the unexpired term of David Singer on the Historic District Commission. DeGroot is a contractor con-tractor who works on historic preservation projects within Park City. DeGroot will serve until July 1, when the entire five-member board will be up for review and re-election. The commission was formed last July to work on review of projects pro-jects within the historic district. Deer Valley bonds The City Council last week approved an inducement resolution for the issuance of $12 million in industrial revenue bonds for the continued development of the Deer Valley Resort. The resort received approval for an inducement resolution for a total of $22 million in bonds several years ago. As each development phase of the resort takes place, an inducement resolution must be approved by the council. Last year, the first-phase approval was for $6 million; last week's approval for $12 million means a total of $18 million to date. The approval of an inducement resolution simply implies that the city supports the development of a project, but in no way is financially liable. The motion to approve the resolution was passed by three council members, while both Bob Wells and Tom Shellenberger Shellen-berger abstained. Planners, COUncil at OddS Sewer plant annexation nnu a i- i ;.,t Park City's City Council and its Planning Commission Com-mission may be headed for a debate. A council decision last Thursday, for the second time in less than a year, allowed a hillside building project which clashes with a commission policy against visual intrusion into ridgelines. In a 4-1 vote, with Tina Lewis dissenting, the council approved the Aerie, Phase 1111 lots to be located in a knoll east of Park Avenue. However, a Planning Commission vote the night before had denied approval by a 6-1 vote, with Cal Cowher dissenting. The Aerie, Phase I, was passed by the City Council in 1981 to settle a lawsuit filed by landowner Elwood Nielsen. Nielsen then sold the land to the Aerie Development Co. Phase I is east of the Miner's Hospital and south of the planned Phase II. That decision drew criticism from planning commissioners, who never had a chance to review the project. And the approval for Phase II may stir controversy, controver-sy, since the land for it is being bought from the city. "The city is both the petitioner and the judge," said Commissioner Bill Mammen. Councilman Bob Wells supported the project, adding ad-ding the city will receive $750,000 that can be used for capital improvements. "I don't know if it makes it easier for me (to support) because it's city property instead in-stead of someone else's," he said. "I guess I feel the intrusion in-trusion is not that bad and the money is considerable." He said it is a normal part of government for the council to occasionally overrule the Planning Commission, just as the planners reject recommendations from their staff. "I don't see any reason for people to hate each other or lose any sleep over it." But the decision compromises com-promises planning policies, according to Mammen. "The Silver Mountain developer, for instance, has gone to great expense not to be visually intrusive. Why should he worrv about it?" he asked. The City Council had given assurances, he said, that their approval to settle the Nielsen lawsuit would not set a precedent. But the new decision means ridgeline protection "has been thrown out the window," he said. Mike Vance told the City Council Thursday the ridgeline prohibition is long standing policy, but is not written. It is, however, set down in the proposed hillside ordinance. City Attorney Tom Clyde has also suggested the policy could be added to land code. Vance, the community development director, said that, apart from the ridgeline question, the Aerie's development guidelines guide-lines are more stringent than the city's. Councilman Bill Coleman said he sympathized with the position of Planning Commission, Com-mission, but said it is in a weak position. The next session of Planning Plan-ning Commission will likely call for a meeting with City Council, said Mammen. The old sewer treatment plant site just south of the Park Meadows entrance on Highway 224 now is part of the city, thanks to a unanimous vote for annexation last Thursday by the City Council. City Attorney Tom Clyde told the council that through an "historical accident," the land was never annexed into the city, but has since been surrounded by property that is within the city limits. The land, which is city-owned, city-owned, will be zoned Recreation Open Space for the time being, and as such requires no city services. City Manager Arlene Loble said that the land may later be rezoned to meet other needs. Snow Creek annexation Snow Creek, also known as the Hanley Ranch, once was part of the city, but according to City Councilman Bob Wells, it was de-annexed. The land is just north of the intersection of Highways 224 and 248, er, Kearns Blvd. Wells said that he has read old documents which note that the land was fit only for agricultural uses and would never be developed, and so was de-annexed. So much for old documents. Snow Creek is a 160-unit project proposed for this island of unincorporated land surrounded by the city. The owners of the project have been seeking annexation for nearly two years. Last Thursday, the council unanimously approved a resolution for the Snow Creek declaration for annexation. As part of the agreement, Snow Creek ultimately will pay $5,000 to cover its share of the Gage-Davis annexation study and legal fees,, plus $320,000 in water development fees (although that figure is reduced by half if water rights are provided), $64,000 in water connection fees, and $32,000 in park development fees. City Attorney Tom Clyde said the monies are to be paid to the city on a phased schedule. The owners of Snow Creek are expected to sign the contract this week, after which the city will have the documents recorded, and the annexation will be complete. How the Planning Commission WOTO MOTIONS C. COWHER R. DAVIDSON B. WATTS 4 At D. BERRETT J - MAMMEN FT W. BISHOP C.CAl.DKK Approval of April 14 minutes as yS $ yQS g corrected J Approval of32unit Val De Neige project in Deer valley subject to yes yes yes yes yes yes yes erosion guidelines Motion to deny approval to second yQS ygs phase of Aerie subdivision. "v Approval for Westview, 34-unit yes nQ nQ yes nQ yes nQ PUD in Deer Valley Motion to deny final plat for no yes yes YIO yeS no yeS Westview. Motion to deny architectural revisions revi-sions to prior-approved 8-unit Sun- yea yes yes yes yes yes yes flower project. tions concerning vegetation, roadways, etc. "The city can't enforce these," said Burnis Watts, who suggested it is the subdivision's job. "We hope the subdivision does enforce them," said City Attorney Tom Clyde, "but the issues are important impor-tant enough here, that the city should have power. There are Utah cases of cities cit-ies tearing houses down when they were not built within the subdivision covenants." Nevertheless, Watts declared de-clared his opposition to Westview because of the covenants, and joined Rusty Davidson, Carol Calder, and Bill Mammen to vote against it. In favor were Cal Cowher, Dean Berrett, and Walt Bishop. Before the vote, former Royal Street employee Cowher said he had played no role in planning Westview after it was submitted to the City Attorney Clyde said his vote was proper since he no longer worked in Deer Valley and had no financial stake in the project. Paprika Eejgtaurattt Complimentary champagne ana) appetizers with this ad. 34 entrees, featuring: Prime Rib Beef Wellington Milk Fed Veal Tournedos Oscar Duck a I'Orange Rack of Lamb Large variety of steaks and seafood. 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