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Show Page A2 Thursday, December 31, 1992 The Park Record D Section A County OKs basin Continued from A1 cast of U.S. Highway 40, much of which is owned by George Johnson. Some development will be allowed in tiers two and three prior to the build-out of Tier One, based on a formula that allows densities between 12.5 percent to 50 percent, depending on available facilities and other regulations. Commissioner Gene Moser said the county "legally couldn't find any good reason" to place the Tier One boundary line on S.R. 224, especially because there is a sewer line running east of Silver Springs, ready to accommodate more growth. Development in tiers two and three will be allowed at certain base densities outlined in the plan. The general plan sees no further protection of moderate value wetlands than the previous code allowed. Regulations concerning wetlands will be at the jurisdiction of the U.S. Army Corps of Engineers. Regarding open space, the new plan requires a minimum of 25 percent open space per project. The new open space clement, however, provides a bonus formula whereby developers can receive density credits for donating more than 25 percent open space. Officials are hopeful this incentive formula will result in donations in excess of the 25 percent. Associated with the open space clement are several environmental considerations. Commissioners agreed to require that fireplaces in all new housing in the basin comply with Environmental Protection Agency standards. Joint Planning Areas Another highlight of the plan is the designation of joint planning areas between Park City and the county. These areas will include lands within the city's annexation policy declaration zone--substantially more than the Planning Commission's recommendation of lands within one-half mile of the city limits. City officials will have no additional powers as to how joint planning areas will be developed than they had with the prior code, but development of these areas may be of more extensive public debate than the former code allowed. Leading the county through the formulation of a basin general plan has been the staff of noted land use attorney Robert Freilich of Kansas City. Working in concert with him has been the county's legal staff and independent Utah land use attorney Jody Burnett. County officials say about $88,000 has been spent on consultant services to develop this plan. Discussion of a general plan for the basin has seen developers' desires to maintain an open rein on grow th pitted against the wishes of many residents whoalled for a stronger growth management plan and measures that would guarantee the preservation of natural resources and current lifestyle amenities. Hundreds of residents who spoke at meetings and signed letters of support for growth management favored zero percent credit for critical lands, no new roads in the basin, trail easements, and an open space plan that would facilitate the county's acquisition of land and preserve Parley's Meadow. Developers called for the protection of their rights as land ublic has mixed reactions to basin general plan Continued from A1 step." Others, while not quite as pleased with the final document itself, agreed with Olch that Monday's decision was not the end of the planning process in the basin. Ruth Wagner, a basin resident and growth management proponent, said although she had not yet read the plan's final draft, she was disappointed about what seemed to be the Commission's failure to incorporate the public's desire for open space into the plan. "At this point, it seems their intentions are to fill up the basin to a greater density than we wanted. It's going to look like Sherman Oakes in California," Wagner said. "I don't think the Commission listened to a thing the citizenry had to say. All the public hearings seem to be a farce," she added. Though discouraged, Wagner said she intends to read the document thoroughly and then carefully chart her next steps. "If what I suspect is in there is actually in there, we're going to seek amendments," she said. Wagner declined to pinpoint when such amendments may be proposed, saying only that it owners, and housing densities that would allow them to make a profit on their land investments. They also called for a less onerous approval process for projects. With the adoption of a plan Dec. 28, during the Commission's regular meeting in Coalville, the Commission will begin the next round of planning efforts; namely to develop a capital improvements program, update the impact fee schedule, and refine elements of the general plan through amendments. The thrust of a capital improvements program will be directed to Tier One. "I want to assure everybody that if something is wrong, I want to fix it," said Commissioner Gene Moser. Commission Jurisdiction The Commission has given itself ultimate approval of county projects through these code revisions. Where once the Planning Commission had jurisdiction over new developments, that body will now become more of an advisory board, sending up recommendations regarding subjects it has reviewed. Adoption of the plan will become effective at the end of 15 days, so the plan can be in place by Jan. 14, six months after the Temporary Zoning Regulation Ordinance went into effect. Moser noted that the three-member three-member Commission was elected on growth management platforms, and he said he was "very pleased" that the electorate of which he is a member has been able to deliver its promise. "This is a very definite land management program," he told the Record Tuesday. "I think we have been very careful and prudent with the plan, although I'm aware there's a wide diversity of opinions on smaller points of the plan. But I feel inhabitants of the basin have been overwhelmingly in favor of this type of program." With this general plan in place, he said the basin "will still maintain its uniqueness." Said Moser, "Had we not done something, we would have seen dramatic changes in the county." Land Use Map The general plan includes a colored land use map of the basin that designates densities for housing. Low density, in the Parley's Meadow, will allow .2 units per acre. Medium density, located along S.R. 224 and in subdivisions such as Jeremy Ranch and Pinebrook, will allow one unit per acre. And high density, located adjacent to commercial establishments at Kimball Junction and on Rasmussen Road between Spring Creek and the Bums Fire Station, will provide for five units per acre. A "special residential provision," intended for the development of affordable housing, will allow eight units per acre, although many developers had argued that a density of 18 units per acre was necessary to make such projects economically feasible. Densities may be increased up to a certain cap with the donation of open space. Other land use categories include critical lands such as high value wetlands (of which there are 14 acres in the entire basin), ridgelines, flood plains and hillsides over 30 percent. The density in these areas is one unit pei 40 acres. A "country side" would be presumptuous to say anything at this stage until she had finished reviewing the entire plan. Greg Lawson, a local development consultant and also a basin resident, said he supports the Commission's attempts to revise and update the development codes in the region, but like Wagner is frustrated by what he called the Commission's failure to adequately incorporate the input that came from local residents and consultants. "I don't think the plan accurately reflects the local perspectives on how things ought to be," Lawson said. In particular, he cited the adoption of the transportation and circulation plan which includes roads through the basin that he said most local residents rejected. Lawson, who said he was not speaking out against what the Commission did, but what they failed to do, said amendments to the plan need to be made in the next six months. Lawson suggested removing the proposed roads from the transportation section and shifting some of the open space corridors from Interstate 80 to State Highway 224. Peggy Marty, president of the Park City Board of Realtors and a plan category will allow the same density of one unit per 40 acres, and is intended to preserve view corridors and encourage open space. The color-coded land-use map can be seen in the county planning offices in Coalville. Density Credits Where developers offer to donate open space for density credits, those credits can only be applied to buildable areas in low, medium and high density residential areas, not to country side. Also, the county won't be bound to accept open space donations, according to Freilich. "The county is not required to take an open space donation that is being made for density credits," he explained to the Commission during nearly four hours of discussion on the plan Monday. Such donations will be examined on a case-by-case basis, but once the county accepts a donatipnv the development credit will become effective. The land-use plan provides a mechanism for preserving the East Canyon Creek Conservancy Corridor and other "enhancement corridors" along entrances to the basin. Criteria for commercial areas is also spelled out in the plan, allowing for limited commercial development in neighborhood nodes, at resorts such as ParkWest, and in areas where general retail centers will be allowed, defined as "community commercial." "Service commercial" uses are also outlined in the plan, and will be further defined within the next six months. New Roads Regarding the transportation plan, a map of the basin shows new roads running north and south from the Snowed Inn to near the Kmart, paralleling S.R. 224 to accommodate local traffic. An east-west east-west road from U.S. 40 near Silver Summit and heading west through hills to connect with Old Ranch Road is also included. Both' residents and developers had recommended that these routes be acquired by the county as non-motorized non-motorized easements, but neither community wanted to see them be upgraded to roads. Commissioner Moser, in explaining the Commission's actions said, "My feeling with the tier system is that these roads won't be needed for years and years, and at that time the ' county will take a good hard look and see if they are necessary. But we do have to make provisions for the future." Speaking with regard to the plan in general, Moser said, "The big thing is why we are doing this. Growth in voter registration and schools over the past two years has been 30 percent." Much of that growth in the county has been in the form of isolated developments, which has caused sprawl and has been difficult to service from a county standpoint. "It doesn't make sense," Moser said, to continue permitting growth that occurs in a "sprawl" manner, hence, the tier system was adopted. The general plan is more than 200 pages long. Because last-minute changes were being made to it Monday, final copies won't be available to the public until midweek. mid-week. They can be picked up at the Courthouse and at the Summit County Services Building in Park City on Sidewinder Drive. Park City resident since 1969, is relieved the six-month planning phase has finally come to a close but is wary of much of what the final plan may contain. "We're glad that something is passed," she said. "At least there are guidelines now so people aren't floundering in the dark." Like most local residents, Marty had not yet had a chance to read the final document as of Tuesday night. She quesuoned, however, a provision of the ordinance that requires prospective developers to obtain an impact assessment from the Park City School District before the County Commission makes a final decision on a proposed project Should the School District feel a proposed project may overburden its ability to provide high-quality education to district students, the Commission may postpone approval of a project's application. Marty explained that approving a development project does not necessarily mean all the lots will be sold immediately. Marty has lots, she said, that have been approved for years but have yet to have homes built on them. For that reason, she said, a development's suggested impact on the school district may not be a good reason to I . T" ' ft , J - if if - , 1.. f l ' - Y A white out... Pam Mcnutt and her two children, Timmy, 4, and Meggy, 7, try to shield themselves from Wednesday's storm while walking down Main Street. Ford dealership approved Continued from A1 one which would have required the Crandalls to recycle their waste oil or transport it from the area as opposed to burning it Crandalls complained to the Board of Commissioners that that condition was unduly burdensome, and they presented letters from the state health department and the Environmental Protection Agency supporting the practice of burning the used oil. Those agencies said burning oil can be an energy source and it reduces the chances of contamination. The Board of Commissioners also deleted a condition which would have required the applicants to build right-hand and merge lanes designed to Utah Department of Transportation standards on Rasmussen Road to better handle traffic. Although the planning staff recommended that condition be part of the approval, planner Lesley Burns proposed that it not be imposed until traffic on the road warranted such improvement. The Crandalls estimated their business would generate 164 trips per day, and they said such a condition would be costly to turn a project down. Speaking about the plan as a whole, Marty said she thought it was a good starting place but that she looks forward to the amendment process during the next six months. The Board of Realtors' Legislative Committee and Political Action Committee will be taking a close look at the plan in the coming weeks, Marty explained, and will be responsible for proposing any future revisions the Board feels necessary. "This isn't done sifting out," Marty said. "There will be amendments." Former City Council member Bill Coleman, while agreeing that Monday's decision is just the beginning, believes, many landowners will turn to the courts not the ammendment process in the next six months. "What does somebody do who had 260 units on Sunday but now has two units?" Coleman, said. Referring to the Commission's hired consultant, Robert Frielich, Coleman said, "Now is when Frielich starts to make his money because now is when the lawsuits begin.'' Frielich has agreed to defend the county against any lawsuits i V I; J i , (. A comply with. Robert Crandall said it could possibly "kill the project," if it was imposed, and his father, George Crandall, complained that his family had already paid hundreds of thousands of dollars in taxes that have helped pay for road maintenance in the county. Robert Crandall told the Commission he felt his plans had gone under undue scrutiny due to the fact he has been a member of the Planning Commission throughout the approval process. (His term expires Dec. 31, 1992.) "I'm a third generation Summit County businessman who's attempting to improve on his father's and his father's business," said Robert Crandall. "I'm following the American way. But it seems that because of who I am, the planning staff and the Planning Commission went out of their way to show no favoritism." He said other automobile dealerships, particularly the large dealerships in Salt Lake City, would have had an easier time getting a project approved. "Instead, I got road blocks, hoops to jump through, and 11th hour conditions. The process filed by disgruntled landowners and developers. Like Marty, Coleman is conncered about the School District's ability to influence the planning process. "They've been granted the authority to have veto power," he said. Contrary to Coleman's and Marty's analysis, however, County Commissioner Gene Moser said the Commission would not be bound by School District recommendations. The District does not have "veto power," he said. Nikki Lowry, incoming Board of Education member for the Park Meadows district, said that although she had not yet reviewed the entire final document, she is pleased that the School District will now have a say in controlling the pace of basin growth. "We are already strapped for space and money," she said. "Hopefully this plan will give us a chance to catch up with growth." Lowry, who attended a number of public hearings throughout the six-month plan-development period, said the school district simply cannot continue to provide the high quality education the community desires when faced 3 by Chris Eisenberg discourages small businesses like mine in favor of big business." Commissioner Perry made the motion to approve the project, saying that the condition to require turn lanes on Rasmussen Road was unfair. "I really believe that with the advent of a general plan, it would be an unwarranted burden on the applicant. To single out his development would be an undue hardship and unfair." Chairman Richins seconded the motion. The Crandalls first aired plans of their project less than a year ago, when a preapplication conference was held in January. Other conditions tied to the project will require that exterior lights have visual cut-off shields to prevent light trespass; that the height of the 73-square-foot sign be determined on site after grading and landscaping have been completed; that the applicants plant more non-deciduous trees than originally proposed to screen the business during winter; that toxic substances be prevented from entering nearby East Canyon Creek; and that the business's affect on air quality in the basin be considered in future environmental studies. with the type of growth they have seen over the last few years. As a result, she looks forward to the District's new role in the planning process. Lowry, who agreed the burden of reviewing large numbers of development proposals could pose a strain on the District, said the details of such a review process have not yet been worked out but will probably be discussed in the coming months. Amanda Peterson, another longtime long-time basin resident and member of the Old Ranch Road Neighborhood Group, a managed-growth citizens' committee, felt the County Commission had worked hard over the last six months to produce a quality plan but believed the final document still lacked components vital to the protection of the basin, particularly an ordinance allowing developers to transfer development rights from one parcel to another. Nevertheless, Peterson sees Monday's vote as not the end, but the beginning. "This is just the first step," she said. "There'll be big modifications in the next six months." "You can't look back." she said. "You've got to look forward." |