Provo City Planning Commission Report of Action October 26, 2016 ITEM 10 Provo City Parks and Recreation Department requests a variance to the Sensitive Lands Ordinance to grade within a hillside of 30% slope for a mountain bike trail within the Slate Canyon Park. Provost Neighborhood. 16-0005VB, Austin Corry, 801-852-6413 The following action was taken by the Planning Commission on the above described item at its regular meeting of October 26, 2016: APPROVED WITH CONDITIONS On a vote of 7:0, the Planning Commission approved the above noted application, with the following conditions: Conditions of Approval: 1. That a Geotechnical report is provided which satisfies the CRC noted concerns. Motion By: Kermit McKinney Second By: Deborah Jensen Votes in Favor of Motion: Kermit McKinney, Deborah Jensen, Ross Flom, Jamin Rowan, Maria Winden, Ed Jones, Brian Smith. Jamin Rowan was present as Chair. Includes facts of the case, analysis, conclusions and recommendations outlined in the Staff Report, with any changes noted; Planning Commission determination is generally consistent with the Staff analysis and determination. STAFF PRESENTATION The Staff Report to the Planning Commission provides details of the facts of the case and the Staff's analysis, conclusions, and recommendations. Key points addressed in the Staff's presentation to the Planning Commission included the following: Section 15.05.160 of the Provo City Code prohibits grading in areas that exceed 30% slope. Staff noted five criteria that would have to be met in order for the Planning Commission to approve the request for grading in excess of 30%. Staff offered agreement with the applicant s response, as well as other supporting statements, indicated the request met the defined criteria necessary for a variance to be acceptable. CITY DEPARTMENTAL ISSUES The CRC expressed a need to have a completed Geotechnical report which indicates the grading, as designed, is not expected to create an unsafe or hazardous condition. NEIGHBORHOOD MEETING DATE The Neighborhood Chair determined that a neighborhood meeting would not be required.
NEIGHBORHOOD AND PUBLIC COMMENT Laurel Ogden, Neighborhood Vice-Chair was present earlier in the meeting and passed a neighborhood report to the staff prior to the item being heard by the Planning Commission during the hearing. Little response was received, but those who did respond were in favor of the request being granted. The neighborhood expressed excitement to see the park being further developed. CONCERNS RAISED BY PUBLIC No concerns have been raised by the public. APPLICANT RESPONSE Key points addressed in the applicant's presentation to the Planning Commission included the following: Thomas McKenna, Provo Parks and Recreation, answered a few questions from the Planning Commission about the plans for the mountain bike facility and the park in general. Responses to the five variance criteria are provided in the staff report. PLANNING COMMISSION DISCUSSION Key points discussed by the Planning Commission included the following: Kermit McKinney asked what kind of liability the variance request could potentially create. The applicant noted that parks facilities, regardless of where they are, all carry the same kind of liability and risks. Staff noted the requirement for a Geotechnical study to ensure grading operations weren t done without consideration to those concerns. The Planning Commission commended the Parks and Recreation Department for looking to add new and diverse facilities to the City. The Planning Commission noted that a mountain bike trail couldn t be expected to be developed in flatter areas given the inherent nature of mountain biking. Planning Commission Chair Director of Community Development See Key Land Use Policies of the Provo City General Plan, applicable Titles of the Provo City Code, and the Staff Report to the Planning Commission for further detailed information. The Staff Report is a part of the record of the decision of this item. Where findings of the Planning Commission differ from findings of Staff, those will be noted in this Report of Action. Legislative items are noted with an asterisk (*) and require legislative action by the Municipal Council following a public hearing; the Planning Commission provides an advisory recommendation to the Municipal Council following a public hearing. Administrative decisions of the Planning Commission (items not marked with an asterisk) may be appealed by submitting an application/notice of appeal, with the required application and noticing fees, to the Community Development Department, 330 West 100 South, Provo, Utah, within fourteen (14) calendar days of the Planning Commission's decision (Provo City office hours are Monday through Thursday, 7:00 a.m. to 6:00 p.m.). BUILDING PERMITS MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS
Planning Commission Variance Staff Report Hearing Date: October 26, 2016 ITEM 10 Provo City Parks and Recreation Department requests a variance to the Sensitive Lands Ordinance to grade within a hillside of 30% slope for a mountain bike trail within the Slate Canyon Park. Provost Neighborhood. 16-0005VB, Austin Corry, 801-852- 6413 Applicant: Provo City Parks and Recreation Department Staff Coordinator: Austin Corry Property Owner: Provo City Parcel ID#: 220390012, 220390016 Acreage: 5 Number of Properties: 2 ALTERNATIVE ACTIONS 1. Continue to a future date to obtain additional information or to further consider information presented. The next available meeting date is November 9, 2016, 5:30 P.M. 2. Deny the requested variance. This action would not be consistent with the recommendations of the Staff Report. The Planning Commission should state new findings. Current Legal Use: Vacant Relevant History: Slate Canyon Park project plans were approved for development on 2 June 2014 under casefile #13-0019PPA. The exact route of the course has been altered slightly, though it remains in the same area as previously approved. Neighborhood Issues: No issues have been reported to staff at the time of this report. Summary of Key Issues: The downhill mountain bike course passes through areas in excess of 30% slope. Section 15.05.160, Provo City Code, prohibits grading in areas in excess of 30% slope. The intent of the ordinance is to protect unsightly damage to hillsides, preserve the asset of the mountain viewshed, and prevent development that could create unstable soil conditions. The concern about potential instability in the soil has been noted by the CRC. Staff Recommendation: Staff recommends that the Planning Commission approve with conditions the request to allow construction of a mountain bike trail in areas exceeding 30% slope within the Slate Canyon Park. 1. That a Geotechnical report is provided which satisfies the CRC noted concerns.
October 26, 2016 Page 2 OVERVIEW The Provo City Parks and Recreation Department has been in the process of constructing improvements for the Slate Canyon Park since receiving project plan approval on 2 June 2014. The initial phases of the park have made dramatic improvements to the trailhead and increased accessibility for visitors of the area to be able to enjoy the recreation opportunities available in Slate Canyon. The next phase of development of this area has been the intent of the Parks and Recreation Department to develop a downhill mountain bike course to further the goals and policies outlined in Vision 2030, the General Plan, and the Parks Master Plan. However, Section 15.05.160, Provo City Code, currently prohibits any grading operation from occurring in hillside areas ex ceding 30% slope with the exception of public roads and utility infrastructure constructed or being maintained by Provo City. The Parks and Recreation Department seeks a variance to allow grading in areas in excess of 30% slope at Slate Canyon Park for the purpose of constructing the mountain bike trail as designed for the Park. FINDINGS OF FACT 1. Section 15.07.010(3) of the Provo Municipal Code states that the Planning Commission may grant a variance to a provision of Title 15 if the following criteria are met (Staff responses have been provided in bold): (i) Literal enforcement of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title; Response: Recreational mountain bike courses, by nature, are built in steep slope areas. Considering the general purpose of the ordinance is intended to preserve viewsheds and prevent development in unstable soil conditions, the low impact nature of a mountain bike trail does not inhibit this purpose from still being achieved or maintained.
October 26, 2016 Page 3 (ii) (iii) (iv) (v) There are special circumstances attached to the property that do not generally apply to other properties in the same district; Response: The subject property is a designated park facility and, more specifically, the location of grading being requested is not intended for buildings or large impact development that would typically be regulated by the hillside development standards. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district; Response: Adjacent properties have a significant number of hiking and recreation trails traversing the area. The variance will not substantially affect the general plan and will not be contrary to the public interest; and Response: The proposed request implements the goals and policies outlined in the general plan and serves the public interest rather than contradicting those interests. The spirit of this Title is observed and substantial justice done. Response: The low visual impact and proper design of the proposed mountain bike course differs substantially from the larger-scale development issues intended to be avoided through the hillside development standards. The intent to preserve important views and protect future and existing developments from unstable soil conditions is still observed in this special circumstance. APPLICABLE ZONING CODES 15.05.160. Hillside Development Standards. (1) Grading. (b) Any land or parcel having a slope of greater than ten percent (10%) shall be deemed to be land having a "steep slope" within the meaning of this Chapter. No person shall be permitted to grade, cut, excavate, fill, or to erect any structure on undisturbed hillside areas that exceed a slope greater than
October 26, 2016 Page 4 thirty percent (30%). Any person proposing to grade, cut, excavate, fill or to erect any structure on any slope or hillside with a slope between ten percent (10%) and thirty percent (30%) shall be required to submit a geologic report which meets the standards and requirements of this Chapter. A geologic report may not be required if a geologic report relating to the subject property has, at an earlier date, been accepted and approved by the City Engineer. An applicant may appeal the decision of the City Engineer through a request for administrative review. (f) Exceptions for grading hillside slopes which exceed thirty percent (30%) may be granted for the following: (i) Construction of public streets and utilities by Provo City to provide city infrastructure. CONCLUSIONS (ii) Maintenance and reconstruction of public and private utilities where necessary. Staff recommends that the Planning Commission approve with conditions the request to allow construction of a mountain bike trail in areas exceeding 30% slope within the Slate Canyon Park. Conditions: 1. That a Geotechnical report is provided which satisfies the CRC noted concerns. APPEAL OF PLANNING COMMISSION ACTION Chapter 15.07.010(4) provides that a decision of the Planning Commission may be appealed to the Board of Adjustment. ATTACHMENTS 1. Applicant responses to variance criteria 2. Site plan
October 26, 2016 Page 5 ATTACHMENT 1 - Statement of Applicant Provo Parks and Recreation is requesting a variance for the downhill mountain bike course at Slate Canyon Park. The current grading ordinance does not allow grading on undisturbed slopes that exceed 30%. (i) Literal enforcement of the Zoning Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance: The general purpose of the grading ordinance that prohibits grading on slopes that exceed 30% slope is intended to prevent unsightly structures from being constructed that mar the public view and to maintain slope stability A downhill mountain bike course has been designed within the boundaries of Slate Canyon Park on an area that, in some points, exceeds 30% slope. In this case, literal enforcement would constitute is an unreasonable hardship because recreational trails are often normally constructed in this type of area. In fact, the slopes that exist at the Slate Canyon Park Trailhead are needed to route the course that was intended by the professional course designers. Best practices will be utilized to integrate the trail into the natural contour of the site and maintain existing native vegetation. Slopes and minimally disturbed areas will be stabilized, revegetated and cross drained to prevent erosion. This is a special circumstance and literal enforcement of the slope requirement in this case is not necessary to meet the general purpose of the zoning ordinance. (ii) There are special circumstances attached to the property that do not generally apply to other properties in the same district: This request is for a parcel that is a designated Provo City park facility and is intended to provide a benefit to all Provo residents. This facility meets the needs of alternative recreation opportunities that are called for in the Provo City General Plan, 2013 Parks and Recreation Master Plan and Vision 2050 plan. (iii) Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district: The Slate Canyon Trail leading up the canyon has many sections that well exceed 30% slope. Many of these sections also follow the fall-line of the slopes which are much less sustainable than the design of this downhill mountain bike course at Slate Canyon Park. (iv) The variance will not substantially affect the General Plan and will not be contrary to the public interest: This request for variance creates no substantial affect to the General Plan. Recent resident surveys indicate that enhancement of existing trails and creation of new recreation opportunities are a top desire of Provo City residents. The Provo Parks and Recreation Department initiated an extensive public involvement effort to guide the design and master planning of Slate Canyon Park and this downhill course. Public meetings were held to review plans and receive input for the site as well. (v) The spirit of the zoning ordinance is observed and substantial justice done Granting of a variance in this case would meet the spirit of the zoning ordinance and will provide public access and use of areas that would not have been otherwise. No unsightly structures, cuts or excavations would remove material from the hillside nor mar the public view. This variance would provide a fair and reasonable solution to meeting the objectives of the ordinance and honoring public access and utility of public land.
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