Highland City Council Agenda Preview for Jan 5, 2021

This 2021 meme caught my eye. I hope the terms and conditions include: (1) city staff and council continue to work well together, (2) Highland residents continue to be involved and respectful of each other and (3) that we take advantage of what we learned in 2020 to improve our lives. Feel free to share your thoughts on what you would like to see the city focus on in 2021.

The agenda for the first city council meeting of the year is pretty packed. Key items on the agenda include:

• A request to rezone 4.13  acres of land, located north of Manor Drive from R-1-40 to R-1-30 (item 4).
• Two code cleanup and clarification items. One streamlines the process of bringing preliminary plats to the planning commission and city council (Item 6). The other (item 7) defines public parks and government building a permitted use rather than conditional ones.
• Preliminary Plat approval for Beacon Hills Plat E on which 35 homes will be developed. It is located north of Lausanne St and west of Beacons Hills Park (item 8).
• A request to begin the process to consider annexing 12 acres of land located due north of Beacon Hills Plat E (item 9).

This meeting will be held at city hall but there will be limited space because of distancing requirements. We will also stream it on our YouTube channel (click here to watch).  Note, individuals, especially those in a high-risk category, are strongly encouraged to participate in the meeting virtually!

You can find an abbreviated meeting agenda together with my thoughts below. The complete agenda (144 pages) which includes the staff reports associated with each item can be accessed by clicking here.

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Highland City Council Agenda
Tuesday, December 1, 2020 at 7:00 PM council meeting

Virtual Participation

• YouTube Live
• Zoom: Call 1-346-248-7799 Meeting ID: 831 5701 2734
• Email comments prior to meeting: council@highlandcity.org
  

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City Council Meeting 7:00 PM
The time listed at the end of agenda items is my guess as to the start time of this item. Note I am typically optimistic in my time estimates.

1. UNSCHEDULED PUBLIC APPEARANCES 7:05
   Time has been set aside for the public to express their ideas, concerns, and comments. Comments are limited to 3 minutes.

2. PRESENTATIONS 7:15
1. Legislative Session Review – Representative Brady Brammer
2. Youth City Council – Youth City Council Mayor and Deputy Mayor
3. Annual Open Public Meeting Training – Rob Patterson, City Attorney
4. Mayor’s Award – Rod Mann, Mayor
3. CONSENT ITEMS  8:00 PM
   Items on the consent agenda are of a routine nature or have been previously studied by the City Council. They are intended to be acted upon in one motion. Council members may pull items from consent if they would like them considered separately.
1. Approval of Meeting Minutes for City Council Meetings held on November 10, 2020 and December 1, 2020 Administrative
2. Construction Contract: Approval of contract with Rhino Pumps to  replace the pump in Well #6. Administrative
   
3. Construction Contract: Approval of contract with Nickerson Company, Inc. to add an additional pump to the lower pressurized irrigation pond. Administrative
4. Ground Lease Agreement Extension – approve a contract extension American Towers for access, installation and maintenance of utilities for the construction, operation, and maintenance of a cell tower located at 5600 West 11000 North. Administrative
4. PUBLIC HEARING/ORDINANCE 2021-01: KEVIN YU REZONE REQUEST R-14- to R-1-30.  Legislative. 8:15 PM
   The City Council will hold a public hearing to consider a request by King Kevin Yu for a rezone of 4.13 acres of property located approximately at 4697 W 11200 N from R-1-40 to R-1-30 to allow a 5-lot single family subdivision.
   
   The property  owner is requesting a zoning change from R-1-40 to R-1-30 which is designated a transition zone between R-1-20 and R-1-40. The change would allow the owner to build five versus four homes 9see below). The subdivision to the south (Highland Manor) is R-1-20. The property to the east, north and west is zoned R-1-40.
   

   The request relies on the property being considered a transition zone between the property to the south. I believe, in this case, having Manor Drive connect to Snowflake Dr. would be the only way this point could be argued effectively. However, connecting Manor Dr. to Snowflake would eliminate one lot from the plan shown above thus eliminating the benefit to the owner of a zoning change. I don’t believe the zoning change will be approved (the Planning Commission did not recommend changing the zone). Note, Manor Drive is a dead end road without a cul-de-sac, although the city does own enough right of way to create one. If a Manor Drive is not connected I believe the city should build the cul-de-sac. Some of the residents adjacent to the property being developed requested that a trail be put in connecting Manor Drive with Snowflake Drive. The property owner is not interested in doing this and the council cannot require it if it doesn’t change the zone.
   

5. PUBLIC HEARING: PLAT AMENDMENT – BEACON HILL PLAT M Administrative 8:25 PM
   The council will consider a request to combine Lots 5 and 6 in Beacon Hills Plat J (creating a one lot Plat M). This should pass quickly.
   
   

6. PUBLIC HEARING/ORDINANCE 2021-02: TEXT AMENDMENT - DEVELOPMENT REVIEW PROCESS .  Legislative. 8:30
   Current city ordinances requires staff to hold a development review committee (DRC) meeting that is open to the public prior to a preliminary plat being submitted to the planning commission. Over the last few years this meeting has created some confusion among residents. State code requires municipalities to approve Preliminary Plats if they conform to the municipality’s ordinances. Because the DRC is a public meeting it can create the impression that the planning commission and city council can deny approval simply due to resident opposition. To eliminate confusion staff is proposing the following changes to our development code. Note, for additional details see the staff report in the full meeting agenda:

1. Section 2-601 Pre-Application
   The proposed amendment requires a preapplication meeting for anyone who would
   like to submit a development application in Highland and clarifies the purpose and
   intent of the meeting. This is consistent with current practice.
2. Section 2-602 Neighborhood Meetings
   The applicant will no longer have to hold a neighborhood meeting for conditional
   use permits. Rezones and general plan amendments will still require a
   neighborhood meeting.
3. Section 5-1-107 Appeal of Planning Commission Decisions
   Clarifies that actions by the Planning Commission that do not result in a final decision are not appealable.
4. Article 5-3 Concept Plan
   This Article is repealed thereby removing the concept plan and development review committee meeting requirement. This is replaced by the preapplication meeting
   requirement.
5. Section 5-4-203 Filing Minor Subdivision Plan
   Requires a preapplication meeting prior to submittal of an application.
6. Section 5-4-300 Major Subdivision Option
   There are several minor changes. The major changes are as follows:
• Requirement of a preapplication meeting.
• Allows applicants to request that an application be forwarded to the planning commission or city council in the event of a dispute.
• Clarifies that a soils report will be required as part of final plat application.
• Clarifies that the length of time someone has to appeal a decision on a final plat Council is ten days. This is consistent with all other appeal time frames.

7. PUBLIC HEARING/ORDINANCE 2021-03: TEXT AMENDMENT - PERMITTED USES IN RESIDENTIAL ZONES Legislative 8:45
   The City Council will consider a request by Highland City Staff to amend Highland City Development Code to allow parks and public buildings as permitted uses in residential zones. Parks and public building are already listed as allowed conditional uses. Unfortunately, the term conditional use implies a level of discretion for the council to not approve an allowed use that does not exist. The Utah Code only allows a jurisdiction to deny a conditional use application if the detrimental impacts of the use cannot be substantially mitigated with reasonable conditions in accordance with applicable standards in the jurisdiction's ordinances. This sets a very high bar to deny an allowed conditional use. Additionally, for parks and public buildings city staff and council will have already gone through a public process to determine that they are needed and will have determined that they not in conflict with existing city standards. Please refer to the state property rights website for more detailed information on conditional uses

8. PRELIMINARY PLAT: BEACON HILL THE HIGHLANDS PLAT E PHASES 1 & 2 Administrative 9:00
   Perry Homes is requesting approval of a Preliminary Plat for Beacon Hill the Highlands Plat E Phases 1&2, a proposed 35 lot single family subdivision on 23.54 acres located approximately at 12150 North Beacon Hill Blvd.
   
   
   The planning commission voted unanimously to recommend approval of the preliminary plat with the following stipulations:

1. The final plat shall be in substantial conformance with the preliminary plat
   received October 28, 2020.
2. All public improvements shall be installed as required by the City Engineer.
3. The civil construction plans shall meet all requirements as determined by the City Engineer.
4. Parcels A, B, C and D in Phase 1 and Parcels A, B and C in Phase 2 shall be dedicated to Highland City.
5. The trail shall be 10’ asphalt trail as determined by the City Engineer.
6. The asphalt trail shall be completed as part of the final infrastructure improvements and meet City construction standards as required by the City Engineer. The asphalted trail shall be in the 30’ ROW easement on the east side of the property.
7. Review and written approval from the Metropolitan Water District of Salt Lake and Sandy shall be provided prior to approval of the final plat.
   

9. RESOLUTION 2021-01: ANNEXATION OF 12 ACRES LOCATED AT 6100 W 12200 N Legislative 9:30 PM
   Bob Strang is request the council to adopt a resolution stating it intends to consider annexing approximately 12 acres of property located approximately at 6100 W 12200 N.
   
   If the resolution is adopted city staff has 30 days to review the annexation and certify that it follows code and is annexable. Once the annexation is certified, the City will send a notice to the County, City Council, and the sponsor of the petition of the certification. Thereafter the legislative body or affected entities have 30 days to protest the annexation. If an annexation is protested, the item is heard by the Boundary Commission. If no protest is filed, a public hearing is held and the City Council approves or denies the ordinance for the annexation. Notice of the public hearing will be completed as stated in Utah Code 10-2-415. Note because there are land swaps associated with the request and a desire to change density from standard R-1-40 I believe the final annexation decision will be interesting. However, I see no compelling reason not to start the process to consider annexation.

10. RESOLUTION 2021-02: EXTENSION OF THE MORATORIUM ON THE DISPOSAL OF OPEN SPACE PROPERTY, Administrative 10:00 PM
    Council previously directed Mayor Mann and Kurt Ostler to put together a draft policy for property disposal and fees for the council to consider in January. Due to extenuating circumstances Mann and Ostler were not able to put a policy together. The resolution provides up to an additional 3 months for the council to adopt a new policy.

11. MAYOR/COUNCIL AND STAFF COMMUNICATION ITEMS 9:40

1. Future Meetings
• January 5, City Council Meeting, 7:00 pm, City Hall
• January 19, City Council Meeting, 7:00 pm, City Hall
• January 26, Planning Commission Meeting, 7:00 pm, City Hall

12. CLOSED SESSION 10:00
    The Highland City Council may temporarily recess the City Council meeting to convene in a closed session to discuss the character, professional competence, or physical or mental health of an individual, as provided by Utah Code Annotated §52-4-205.

ADJOURNMENT