rezone summary and recommendationrequest: rezone from rr-5 (rural residential, 5 acre min) to r-1-10...

Rezone Summary and Recommendation

Public Body: Tooele County Planning Commission Meeting Date: June 5, 2019 Parcel IDs: 14-011-0-0001, 14-011-0-0002, 14-011-0-0003, & 14-011-0-0004 Current Zone: RR-5 Proposed Zone: R-1-10 Property Address: 3808 & 3854 North 2125 West Request: Rezone from RR-5 (Rural Residential, 5 Acre Min) to R-1-10 (Single-Family, 10,000 SF) Unincorporated: Erda Planner: Jeff Miller Planning Commission Recommendation: Not Yet Received Planning Staff Recommendation: Condition of Approval Applicant Name: Neil Kunz

PROJECT DESCRIPTION

Neil Kunz is requesting a rezone from RR-5 (Rural Residential, 5 Acre Minimum) to R-1-10 (Single-Family, 10,000 Square Feet Minimum Lot Size). The subject property is comprised of four parcels which totals approximately 21.61 acres in size. If rezoned to R-1-10, the applicant intends to go through the subdivision process with a maximum of 4 units per acre (approximately 86 residential lots). The applicant anticipates connecting to the existing 12” water line in Erda Way and either utilizing a packaged treatment facility for wastewater treatment or connecting to the proposed sewer line in Sheep Lane.

SITE & VICINITY DESCRIPTION (see attached map)

The subject property is located immediately south of Erda Way and east of 2125 West. The property is located southwest of the existing Erda Airport. There is property owned by the airport immediately east of the property. Immediately north of the property across Erda Way is the Golden Gardens Subdivision which is located in the P-2 (Planned District) zone. The Golden Gardens Subdivision is comprised of lots ranging in sizes between 1 acre to 5 acres. The subject property is zoned RR-5 and is located in a relatively small area

REZ 2019-09

Planning and Zoning 47 S. Main Street ∙ Room 208 ∙ Tooele, UT 84074 Phone: (435) 843-3160 ∙ Fax: (435) 843-3252 http://www.co.tooele.ut.us/Building/planning.htm

Request: Rezone from RR-5 (Rural Residential, 5 Acre Min) to R-1-10 (Single-Family, 10,000 SF) REZ 2019-09

Rezone Summary of 5

of parcels zoned RR-5 to the west and south with existing residential uses. There are large parcels in the A-20 (Agricultural, 20 Acre Minimum) zone to the west, north, and east of the subject property. A large portion of these properties are mainly used for agricultural purposes with some residential usage. Immediately south and southwest of the property is a large area of parcels in the C-T (Commercial Tourism) and T-I (Technology Industries) zoning districts. It is anticipated that the Romney Group will establish a commercial/business park in this area in the future. The Utah Motorsports Park is located about a mile southwest of the subject property. It should be noted that the closest parcels zoned R-1-10 are about 3 miles northeast of the subject property.

ZONE CONSIDERATIONS

Requirement Existing Zone (RR-5) Proposed Zone (R-1-10) Height 35 Feet 35 Feet Front Yard Setback 30 Feet 20 Feet

Side Yard Setback 20 Feet (both Main and Accessory Buildings) 8 Feet

Rear Yard Setback 50 Feet (both Main and Accessory Buildings) 20 Feet

Lot Width 220 Feet 80 Feet Lot Area 5 Acre Minimum 10,000 Square Feet Maximum Building Coverage 10 Percent 45 Percent

Required Improvements

Street Grading, Street Base, On-Site Surface Drainage Facilities, Culinary

Water Facilities, Wastewater Disposal and Street Monuments

Street Grading, Street Base, Curb, Gutter, and Sidewalk, On-site Surface

Drainage Facilities, Wastewater Disposal, and Street Monuments.

Compatibility with existing buildings/lots in terms of size, scale and height. No Compliance with the General Plan. Not Defined

GENERAL PLAN CONSIDERATIONS

The subject property is located in an area that is not well defined according to the Future Land Use Map (Map 2-6) of the Tooele County General Plan Update 2016. This area has been envisioned to be a candidate for future annexation by adjacent municipalities. Planning Staff recommends that areas that are identified for potential future annexation need to be better defined in future general plan updates, so that Planning Staff and the community have a better idea of the anticipated growth projections in these areas. Simply marking an area as “annexation” doesn’t provide sufficient guidance as growth evolves in the County. According to the general plan, “Erda Township was established as an agricultural community, and is recognized as encompassing the most prime farmland of any area in the Valley. Originally called Batesville and Rose Spring, the township has a reputation for producing quality agricultural products. Growth and development have impacted the agricultural integrity of the community in recent years, with large lot subdivisions emerging on former open land. Like most of the other communities in the Valley, the lack of water and reliance on septic sewage systems limit growth and has promoted sprawl.”


Rezone Summary of 5

Figure 2-1 of the Tooele County General Plan Update 2016 provides information regarding the “opportunities and constraints of land available for development by zone”. According to Figure 2-1, the subject property is located in an area that is identified as Area 2 with the following guidelines:

• Residential/neighborhood development has good potential. • Depends on access to water and sewer – can linkage be established with Stansbury Park or similar? • Development limitations of existing airport must be honored. • Long-term expansion of airport and related impacts must be considered and planned. • Linking existing subdivision/patterns of development with new development models (clustered

development) is challenging. • Can provide unified link between Grantsville and Tooele.

According to the information related to Area 2, this particular area has the potential for residential growth, depending on access to water and sewer. Planning Staff is not aware of any additional growth projections for the Erda Airport in immediate proximity to the subject property. There are challenges associated with linking existing subdivision/patterns of development (larger lot development) with new development models (typically smaller lot development) in this particular area. The anticipated Commercial/Business/Industrial growth on the proposed Industrial/Business Park being proposed by the Romney Group to the south of the subject property in the C-T (Commercial Tourism) and T-I (Technology Industries) zoning districts and the planned Midvalley Highway in close proximity could influence the existing landscape of agricultural and residential uses in the general vicinity to lean towards increased residential densities. The potential for increased residential densities in the general vicinity needs to be balanced with increased sensitivity towards existing residential development in the area (typically comprised of larger lot development). The anticipated residential growth of the Skywalk Development within a mile or so north of the property is another factor changing the residential landscape in the area. It should be noted that the Skywalk Development has made attempts to provide an adequate buffer between larger lot residential development and moving increased residential development further away from larger lot development. It is challenging to provide the same level of buffering (and compatibility) between larger lot development and smaller lot residential development on smaller scale residential developments as currently being envisioned by the applicant.

ISSUES OF CONCERN/PROPOSED MITIGATION

One of the biggest issue of concern that Planning Staff has identified with the proposed rezone request is defining whether or not the proposed rezone request and anticipated increase in residential density is compatible with existing larger lot residential developments in the area. Based off the concept plan shown by the applicant, it appears that there are currently no plans to provide additional buffering between the planned residential growth and adjoining residential uses on larger lots. Section 3-15 of the Tooele County Land Use Ordinance allows for zoning conditions to be recommended and/or placed on a proposed rezone request limiting or restricting the following: (a) Uses, (b) Dwelling Unit Density, (c) Building Square Footage, and (d) Height of Structures. The Planning Commission should consider whether or not a recommendation of zoning conditions could potentially increase the overall compatibility of the anticipated residential growth in this particular area. The applicant would also be required to update their concept at the concept level showing compliance with the Active Transportation Plan and the associated requirements found in the subdivision ordinance. Another issue of concern that has been identified by Planning Staff is in regards to definition (240 *technically 241) of the Tooele County Land Use Ordinance regarding Spot Rezoning. This definition is defined as follows,


Rezone Summary of 5

“Spot Zone means a zoning amendment which singles out a relatively small parcel for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property, which is invalid because it is not in accordance with the general plan” . In order to prevent an issue of “Spot Rezoning” of a particular property, a much larger geographical area would need to be proposed to be rezoned or changed in usage, or significant efforts would need to be made to provide appropriate buffers between existing and proposed residential uses. This type of an effort becomes much more difficult on relatively small parcels. There are significant issues of concern from the Erda Airport, as explained below, and attached to this report. If a positive recommendation is given to the County Commission, a zoning condition limiting the heights of structures to within the appropriate thresholds as outlined by the Erda Airport should be included in the recommendation.

NEIGHBORHOOD RESPONSE

Planning Staff has been contacted by a concerned citizen on the phone who felt that the proposed rezone request was not cohesive with the existing residential uses and lot sizes in the general vicinity. Staff has been contacted by the Erda Airport with significant concerns regarding the proposed rezone request. Salt Lake City (owner of the Erda Airport) has been working with the current property owner for a number of years to either purchase the property or obtain an easement over a portion of the property, in order to protect the operations of the airport and allow for a safe landing approach. *Please see the attached letter from the airport. Planning Staff highly encourages the Planning Commission to take these concerns into consideration before making a recommendation to the County Commission. Any additional comments that are received by the planning staff will be presented to the Planning Commission June 5th.

PLANNING COMMISSION RESPONSE

The Tooele County Planning Commission will hear this item on May 15, 2019.

PLANNING STAFF ANALYSIS

Planning Staff has reviewed the requested rezone and has found that there are significant challenges associated with ensuring that the proposed rezone request is compatible and can be adequately buffered between existing larger lot residential development and smaller lot residential development. In the coming years with the anticipated development of the Midvalley Highway, the Skywalk Development, and anticipated growth of the Romney Group property there will most likely be additional changes to existing residential densities in the general area. However, increased sensitivity in regards to adequate buffering of existing larger lot residential development and overall compatibility with residential uses and the ability to connect to adequate water and sewer infrastructure needs to be taken into consideration. It should be anticipated that any significant change in zoning or residential usage for this particular area should be accomplished through the rezoning of large parcels or a large geographical area including a significant amount of acreage. Larger properties have greater ability to ensure overall cohesiveness and compatibility. *Continued on the next page.


Rezone Summary of 5

PLANNING STAFF RECOMMENDATION

Planning Staff recommends that the Tooele County Planning Commission analyzes the information provided in this Staff Report to ensure that the proposed rezone request would be compatible with existing agricultural and residential uses in the surrounding area prior to making a recommendation to the Tooele County Commission. If a recommendation of approval is given to the Tooele County Commission, Planning Staff recommends a condition of approval that the applicant provides a will serve letter for the connection to existing water infrastructure, as well as provides additional information showing the Health Department will approve a packaged treatment facility for wastewater treatment. Additionally, planning staff recommends that a zoning condition is made to restrict the heights of structures to within the allowable thresholds identified by the airport.

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Neil Kunz Rezone Petition – RR-5 to R-1-10 Project Description

Airspace Protection Surfaces – Part 77This property is subject to Code of Federal Regulations (CFR) Title 14 Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace (Part 77) surfaces. Part 77 surfaces are used by the FAA to determine potential obstructions to the airspace surrounding airports. The subject property is located under two different Part 77 surfaces. A 34:1 non-precision approach surface, that protects the airspace approach into runway 35 and a 7:1 transitional surface that enforces building height limitations near runways.

34:1 Non-Precision Approach Surface – Part 77 The 34:1 non-precision approach surface is centered on the extended centerline of the runway and starts 200’ from the end of runway. The approach slope is 1000’ wide and flares to 4,000’ wide at a distance of 10,000’. The approach surface slope is 34:1. It starts at the runway end elevation and slopes upward 1 foot vertical for every 34 feet horizontal. Any structure that penetrates this surface is considered an obstruction to the safe, and efficient use of navigable airspace.

Neil Kunz is proposing to rezone four parcels totaling 21.61 acres from RR-5 (Rural Residential, 5 acres minimum) to R-1-10 (Single Family, 10,000 square feet minimum lot size).

This property is located approximately 1,200 feet south west of Tooele Valley Airport (TVY) Runway 35. Due to its proximity to the airport, the property is subject to various Federal Aviation Administration (FAA) airspace protection surfaces and airspace review requirements.

Letter from Erda Airport

7:1 Transitional Surface – Part 77

General Plan Considerations The subject parcel is in Area 2 (Map 2-5, Page 2-12) of the Tooele County General Plan Update, adopted on June 21, 2016 (General Plan). Figure 2-1 on page 2-12 of the General Plan lists opportunities and constraints of the available land in this area and provides guidance regarding future development around TVY.

Figure 2-1 states, “Development limitations of existing airport must be honored…Long-term expansion of airport and related impacts must be considered and planned.”

FAA mandated Part 77 surfaces and aircraft overflight generated noise should be considered when looking at development limitations near TVY. The proposed RR-1-10 zoning allows for the creation of a 61-parcel subdivision. Building heights in this subdivision are allowed up to 35 feet with the maximum building coverage of 45 percent. Building heights of 35 feet on parcels on the north and east sides of the property penetrate the runway 35, 34:1 non-precision approach surface. In all, approximately 34 of the proposed lots penetrate the 34:1 non-precision approach surface. Protection of the 34:1 non-precision approach surface and adherence to compulsory height limitations near runway ends is required to maintain safe, unimpeded access to the airport.

Aircraft noise should also be considered. This property is located approximately 1200 feet from the runway end. Because of its close proximity to the runway end, the proposed subdivision will be exposed to high levels of aircraft noise created by aircraft taking off and landing on the nearby runway.

7:1 Transitional surfaces extend upward at right angles to the runway centerline at a slope of 7 feet horizontal for every 1 foot vertical. It starts 500 feet from the edge of runway and connects with the edge of the approach surface. The transitional surface rises to a height of 150 feet above the ground where it connects to the horizontal surface (not shown). Any structure that penetrates this surface is considered an obstruction to the safe, and efficient use of navigable airspace.

34:1 Non-Precision Approach Surface Elevation Plan

Erda Airport Compatible Land Use Plan – Chapter 16

Chapter 16 of the Erda Airport Compatible Land Use Plan also provides guidance regarding land use near TVY. It states, “The most compatible land use that could be located around the airport would be those that are tolerant of the noise created by aircraft taking off and landing…mitigation of nuisances would be best made by regulating the density of rural residential development in the area. Looking at a density of one single family dwelling per five acres is compatible with airport operations for the Tooele Valley Airport…future development should be discouraged and kept to a density of one dwelling to twenty acres or more on the north and south approach to the runway.”

Both documents provide clear guidance that the proposed rezone and increase in residential density is not compatible with TVY and should be maintained as existing larger lot residential development.

CFR Title 14 Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace - Submission Requirement Federal regulations require any new structure proposed on the Kunz subdivision to file a Notice of Proposed Construction or Alternation (FAA Form 7460-1) with the FAA. This aeronautical study will determine the proposed development’s effect on the safe and efficient use of the airspace into and out of TVY.

Proposed Kunz Subdivision

Blue Parcels - 35’ structure heights do not penetrate Part 77 surfaces

Red Parcels – 35’ structure heights penetrate Part 77 surfaces

Existing Kunz residents and ancillary structures are removed from existing property

rezone summary and recommendationrequest: rezone from rr-5 (rural residential, 5 acre min) to r-1-10...

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