Document Millcreek_doc_08b6d7f751

Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-23-011 Staff Report Meeting Date: 11/12/2024 Applicant: Millcreek Staff. Re: Repeal of the Foothills and Canyons Overlay Zone and the Geologic Hazards Ordinance, Replacing both with a Sensitive Lands Ordinance. Prepared By: Francis Xavier Lilly, AICP, Planning Director & Carlos Estudillo, Planner Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS Request As part of Millcreek’s comprehensive zoning code update, Staff is seeking your input and recommendation regarding the adoption of a new Sensitive Lands Ordinance Millcreek’s existing Foothills and Canyons Overlay Zone (FCOZ) and Geological Hazards ordinances are found in differing sections of the code. Much of these existing codes were carried over from the County development code and have varying levels of applicability in Millcreek. FCOZ was actually developed for more of a canyon and mountainside setting, but there are provisions such as slope protection that apply elsewhere in Millcreek, not just in Olympus Cove. While these chapters are by necessity technical in nature, this new Sensitive Lands Chapter combines both FCOZ and Geologic Hazards into one chapter to avoid overlap and inconsistencies. Combining and simplifying to cater to Millcreek’s needs should improve the use, administration and understanding among applicants. Sensitive lands include Each Community Council area has significant sensitive lands, which are either topographical features or subsurface features: • Topographical features include features such as steep slopes, wetlands, rock outcroppings, avalanche and rockfall zones, alluvial fans, ravines, stream corridors, ridgelines, wildland/urban interfaces, and floodplains. ---PAGE BREAK--- Request: Sensitive Lands Ordinance. ZT-23-011 Page 2 of 8 • Subsurface features include saturated soils, areas of liquefaction potential, fault lines and fault line setbacks, and debris flow areas. Most sensitive lands are mapped, and are publicly available on Millcreek’s public planning and zoning map and public sensitive lands map. Sensitive Lands by –Community Council District Many Millcreek properties are affected by sensitive lands considerations. A brief and non-exhaustive summary of sensitive lands by Community Council District is as follows: Millcreek Community Council District Sensitive Lands in the Millcreek Community Council district include fault lines and fault setbacks, floodplains associated with Mill Creek, and moderate or high liquefaction areas. The entirety of the Millcreek Community Council District is affected by sensitive lands, which have been regulated in the past in the Geological Hazards Ordinance. Typically, liquefaction areas require more robust soils studies and declarations, and Faultline hazard areas require an on-site fault survey, and additional setbacks, if applicable. The regulations for these sensitive lands currently found in the Geological Hazards Ordinance are not changing significantly in the proposed Sensitive Lands Ordinance. East Mill Creek Community Council District ---PAGE BREAK--- Request: Sensitive Lands Ordinance. ZT-23-011 Page 3 of 8 Sensitive Lands in the East Mill Creek Community Council District include fault areas and setbacks near Highland Drive, floodplains along Mill Creek, and some ravines and gullies along Mill Creek , and near Orchard and Siggard Drive, and Craig Drive. Some of the properties along Mill Creek near Skyline High School are already regulated by the Foothills and Canyons Overlay Zone – and standards relating to slope protection, natural vegetation, and buildable areas would still be in effect in the new Sensitive Lands Ordinance. Canyon Rim Citizens Association District The Canyon Rim Area is arguably the least impacted by sensitive lands, although there is a known fault along I-215 north of the Canyon Rim Shopping Center. In addition, there are some areas of moderate liquefaction potential along Vimont Avenue and adjacent to Tanner Park. There are a handful of properties with steep slopes at the edge of Tanner Park that are currently regulated under FCOZ and would still be subject to slope analysis and buildable area requirements in the Sensitive Lands Ordinance. Mount Olympus Community Council District MOCC - North MOCC – South The Mount Olympus Community Council area has significant and well-known sensitive lands, including ---PAGE BREAK--- Request: Sensitive Lands Ordinance. ZT-23-011 Page 4 of 8 debris flow areas (brown in the images above) which correspond roughly to areas with slopes greater than 30 percent. In addition, there is a significant avalanche path, several alluvial fans, and significant floodplains. GENERAL PLAN CONSIDERATIONS Describe how the proposed changes implement the General Plan. Make specific references to the goals and strategies in the general plan as follows: GOAL N-1: Preserve and enhance the physical elements that define each neighborhood’s character. Strategy 1.3: Identify neighborhood natural features such as trees, waterways, and open spaces, and incorporate them into project design. Strategy 1.5: Ensure that new infill development is compatible with existing neighborhoods by regulating structure sizes and heights; Building forms and materials; yards setbacks; streetscape character; height and bulk transitions; buffering; and other factors. GOAL N-2: Strive for a variety of housing choices in types, styles, and costs of housing throughout Millcreek. Strategy 1.5. Promote the maintenance and improvement of the existing housing stock and allow for remodeling, expansion, and additions as appropriate in the area to accommodate the changing sizes and varieties of household types. GOAL HE-2: Promote a healthy and diverse tree canopy to enhance neighborhood liveability, provide habitat, and improve air and water quality. Strategy 2.3: Protect native riparian vegetation along Mill, Parleys, and Big Cottonwood creeks. Develop a strategy for restoring and maintaining a mix of native tree species in Millcreek. GOAL HE- 7: Require that new development protects the treasured views of Mount Olympus, the Oquirrh Mountains, the Great Salt Lake, and other significant viewsheds from roadways, frequented public areas, community gateways, and other public places. Strategy 7.4: Continue to protect the foothills’ natural landscape by using a variety of techniques such creating conservation easements or purchasing private property. GOAL HE-8: Strengthen resiliency to natural disasters and climate realities through development patterns, hazard mitigation, and education. Strategy 8.2: Incentivize fire mitigation and wildland fire fuel reduction on private property within the Wildland Urban Interface (WUI). GOAL N-3: Prioritize the development of effective neighborhood-scale plans and programs for those areas with the most potential for change and need protection. ---PAGE BREAK--- Request: Sensitive Lands Ordinance. ZT-23-011 Page 5 of 8 Strategy 1.2: Amend zoning and subdivision regulations, as necessary to implement neighborhood plans new zoning or design overlays, and/or development and remodeling standards. The proposed Sensitive Lands ordinance change will implement the above-referenced general plan goals by identifying sensitive lands, clarifying sensitive land types, and administrative processes, that will further promote safe, environmentally sensitive development that strikes a reasonable balance between the rights and long-term interests of property owners and those of the general public. PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the Sensitive Lands Ordinance. A summary of the proposed changes is discussed below: Requirement Current Standard Proposed Standard Rationale 19.72.020 (Foothills and Canyons Overlay Zone: Applicability) Maps (Salt Lake County Foothills & Canyons Overlay Zone Map) delineating the boundaries of the Foothills and Canyons Overlay zone are on file with the city. Such maps, as amended, are incorporated into the current ordinance as if fully described and detailed herein. The new chapter covers properties that lie within sensitive lands as determined by the City’s sensitive lands map. The new sensitive lands ordinance also imposes requirements on sensitive lands that may not be mapped. Properties with geologic hazards such as riparian areas, alluvial fans, etc. were not included on the maps used to determine the applicability of the ordinance. 19.75.020 (Geological Hazards Ordinance: Definitions) Current ordinance does not include definitions for “riparian” areas a “alluvial fan” Additional Sensitive land types are addressed such as riparian areas and alluvial fans. Riparian areas and Alluvial fans are geological hazards recognized in Millcreek. Definitions must be in place to identify proper study. ---PAGE BREAK--- Request: Sensitive Lands Ordinance. ZT-23-011 Page 6 of 8 Requirement Current Standard Proposed Standard Rationale 19.75.050 (Geological Hazards Ordinance: Studies And Reports Required) Chart 19.75.050 on Geological Hazards Ordinance details when a geotechnical report is required A new table shows the various elements required for a geotechnical report based on the various sensitive lands/geologic hazards present on the site. The new table provides the newly proposed geological hazard definitions, as well as an update on the applicable studies necessary on each of the identified Geological Hazard in Millcreek. MKZ 19.72 (Foothills and Canyons Overlay Zone) MKZ 19.75 (Geologic Hazards Ordinance) Two different ordinances with two different chapters. Major organizational restructuring of chapters, as well as a unification of chapter 19.72 & 19.75. To provide consistency and clarity, and a single point of access. Avoids a situation where a property that warrants sensitive lands protection is not included because it was not included in an overlay zone. 19.75.040 (Geological Hazards Ordinance: Disputes) The person disputing the special study area boundary or the presence of mapped or unmapped hazard(s) within a particular area shall submit technical and geologic evidence to support their claim to the County Geologist on behalf of the City in the form of a site-specific geologic hazards report. Notes a dispute resolution process. Generally, any administrative decision needs an appeal process. Peer review procedures are found in similar sensitive lands ordinances in the state and region, including North Salt Lake, Draper, and Santa Clara. ---PAGE BREAK--- Request: Sensitive Lands Ordinance. ZT-23-011 Page 7 of 8 Requirement Current Standard Proposed Standard Rationale Water Table Analysis Currently not discussed in either Geological Hazards or FCOZ. Required soil and water table analysis. Staff has found over the years that a water table analysis is critical to assure foundational integrity for all development. COMMUNITY COUNCIL RECOMMENDATIONS 1. Millcreek Community Council. The Millcreek Community Council met on February 6, 2024. They voted unanimously in favor of the adoption of the new Sensitive Lands Ordinance. The Millcreek Community Council recommended approval subject to the addition of an option that relieves the builder of a single-family home from the obligation of an extensive geotechnical study – and advised the reinsertion of the table currently found in Section 19.75.050 of the Geological Hazards Ordinance into the new Sensitive Lands Ordinance. 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on February 7, 2024. They voted unanimously in favor of the adoption of a new sensitive Lands Ordinance. 3. East Mill Creek Community Council. The East Mill Creek Community Council met on February 1, 2024. They voted unanimously in favor of the adoption of a new Sensitive Lands Ordinance. 4. Mount Olympus Community Council. The Mount Olympus Community Council met on February 5, 2024. They voted 8 in favor to 0 opposed for the adoption of a new Sensitive Lands Ordinance. PLANNING STAFF RECOMMENDATIONS AND FINDINGS • Our current approach of enhanced requirements based on the Foothills and Canyons Overlay Zone has caused confusion among applicants, and resulted in certain properties being ineligible for enhanced protections because they were not in FCOZ. • The Engineering processes and standards have largely remained the same, with minor updates and clarifications added, as needed. • The new chapter covers properties citywide (replacing the Foothills and Canyons Overlay Zone) that lie within sensitive lands as determined by the City’s sensitive lands map. • A new table shows the various elements required for a geotechnical report based on the various sensitive lands/geologic hazards present on the site. • A major organizational restructuring of chapters was made to provide consistency and clarity. • Notes a dispute resolution process. • Soil and water table analysis will now be required for all development to assure foundational integrity. ---PAGE BREAK--- Request: Sensitive Lands Ordinance. ZT-23-011 Page 8 of 8 PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing regarding the sensitive lands ordinance on 28 February 2024. At that meeting, the planning commission discussed a number of items, including landscaping and tree preservation along stream corridors, and the thresholds for geological studies and Geotech reports. At that meeting, the planning commission made a unanimous recommendation of approval of the proposed changes to the sensitive lands ordinance, adding vegetation along waterways, protecting existing vegetation and trees, adding definitions for “alluvial fan” and “riparian area” and clarifying the type of licensed professional required for studies. The attached draft includes the recommended changes from the Planning Commission. SUPPORTING DOCUMENTS • Summary • Ordinance Draft • Proposed Sensitive Lands Map • Recommendation Letters • Planning Commission Meeting Minutes – 28 February 2024 ---PAGE BREAK--- January 2024 Millcreek Together Code Update I Sensitive Lands v5 1 Sensitive Lands Summary Millcreek’s existing Foothills and Canyons Overlay Zone (FCOZ) and Geological Hazards ordinances are found in differing sections of the code. Much of these existing codes were carried over from the County development code and have varying levels of applicability in Millcreek. FCOZ was actually developed for more of a canyon and mountainside setting, but there are provisions such as slope protection that apply elsewhere in Millcreek, not just in Olympus Cove. While these chapters are by necessity technical in nature, this new Sensitive Lands Chapter combines both FCOZ and Geologic Hazards into one chapter to avoid overlap and inconsistencies. Combining and simplifying to cater to Millcreek’s needs, should improve the use, administration and understanding among applicants. What remains from the current code: • Engineering processes and standards have largely remained the same with minor updates and clarifications added, as needed. What is new: • The new chapter covers properties citywide that lie within sensitive lands as determined by the City’s sensitive lands map. • Additional sensitive land types are addressed such as riparian areas and alluvial fans. • A new table shows the various elements required for a geotechnical report based on the various sensitive lands/geologic hazards present on the site. • Major organizational restructuring of chapters. • Notes a dispute resolution process. • Updates language for consistency and clarity. • Requires a soils and water table analysis for all development to assure foundational integrity. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 1 18.51 Sensitive Lands 18.51.010 Purpose and Intent A. To preserve the distinctive features and the natural setting of the City and to promote development that recognizes and respects the character of the land. B. To identify and document sensitive lands that shall be protected from development and to guide sensitive lands related open space designations in development proposals. C. To identify certain hazardous conditions that require buffering, avoidance, or other engineering techniques to allow for safe beneficial development. D. To provide for the health, safety, welfare of the citizens, as well as protect urban and nonurban development, the good order and aesthetics of our municipality, and protection of property values as set forth in Utah Code Ann. §10-9a-102(1). 18.51.020 Applicability A. A Sensitive Lands Area is defined as any area that is either: 1. located within the affected areas identified on the Sensitive Lands Map, adopted and amended from time to time by the Millcreek City Council; or 2. Contains sensitive lands features as identified in MKZ 18.51.030; or 3. Identified as a sensitive land feature or geological hazard in a geotechnical report, a topographical survey, or soils study. B. Any land use application for development located in a Sensitive Lands Area including but not limited to, building permits for a new structure or existing structures that add additional square footage to the primary or secondary structure, permitted and conditional uses, preliminary and final subdivision plats, shall include a sensitive lands identification analysis addressing the requirements of this chapter through a Geotech report that identifies/analyzes not only geologic hazards but also the other sensitive lands features as described in this chapter. C. Geotech or other required reports shall be provided by the applicant based on the Sensitive Lands map, or if a property is determined to be in a Sensitive Lands Area by a previous geotechnical report, topographical survey, or soils study. The required reports are shown in Table X and such reports will vary based on the severity and type of sensitive lands found within the proposed development. Additional requirements for Geotech reports are found in the Engineering Review Checklist. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 2 D. The City retains a City Geologist to review, suggest modifications, and approve Geotech reports. Every land use application or building permit in a Sensitive Lands Area is subject to review by the City Geologist. Any costs incurred for the City Geologist which may include contracted specialized engineering, geotechnical services, site inspection, testing, and review time due to the proposed development will be passed along to the applicant or developer and deposited with the City. Such costs shall be based on an estimate provided by the City Geologist, a subsequent full deposit by the applicant/developer of the estimate cost plus twenty percent Unused funds shall be returned to the applicant, without interest. E. Existing properties located in low liquefaction potential areas having slope angles less than fifteen percent (15%) may be exempt from the full Geotech report requirements, but shall provide soil type and depth to the water table information to assure foundation suitability. Such reports are not required for fences but are required for any retaining wall or accessory building over two hundred square feet (200 sf) when located in a Sensitive Lands Area. F. Any sensitive lands identified as a result of the requirements of this chapter shall be recognized in the development proposal. Some sensitive lands cannot be mitigated and as such, development design shall avoid and preserve as undevelopable the identified sensitive lands areas. Such lands shall be designated on the site plan or plat in a manner that permanently restricts the area from development. G. A grading plan and the limits of disturbance shall accompany any development plan in a sensitive land area. Limits of disturbance shall be defined by the least area needed to construct the development, required setbacks on the site, a prescribed buffer area if located in the Wildland Urban Interface, and the avoidance of any unmitigable sensitive lands. Limits of Disturbance are further described in MKZ 18.51.070 H. Notwithstanding the spatial requirements established in any underlying zone, additional lot coverage limits, setbacks, or other spatial requirements may be required in a Sensitive Lands Area, due to the requirements of this chapter. 18.51.030 Sensitive Lands Description A. Sensitive Lands contain characteristics that can influence, modify, or limit development patterns through physical or regulatory restrictions. Sensitive lands features covered by this chapter, are described as: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 3 1. Topographical Features. The types of lands represented in this typology include slopes over fifteen percent wetlands, rock outcroppings larger than ten feet (10’) wide and ten feet (10’) tall, avalanche zones, alluvial fans, rock fall areas, gullies/ravines deeper than ten feet (10’) and wider than twenty feet intermittent or constant flow stream corridors, ridgelines, springs, species protection, Wildland Urban Interfaces, and floodplains. Additional requirements for floodplains are found in MKZ 18.XX. 2. Subsurface Features. Soils, saturated soils, and soil structures such as, areas of liquefaction potential, surface fault rupture hazard areas, and debris flow areas. Soil types to determine surface stability, foundation stability, movement potential, depth to bedrock, and shallow water table levels, may also reveal factors to consider for avoidance/preservation and/or design modifications when determining the extent of sensitive lands. 18.51.040 Identification Required Designation and possible preservation or avoidance of the identified Sensitive Lands features and their associated area(s) in their natural state is required. A Sensitive Lands Geotech report is required for lands located in the Sensitive Lands Map or where a Geotech report identifies sensitive lands as described in MKZ 18.51.030. A Sensitive Land Area shall be shown in concept plans, existing properties, site plans, preliminary and final subdivision plats. It is the intent of these requirements to promote a development design that incorporates and integrates the sensitive lands into the development design process as valued aspects of that design. These characteristics need identification and are significant factors that determine how sensitive lands should be reflected in the design of a particular development site. Sensitive lands features shall be shown on the development site plan and detailed by the appropriate study, as required by this Chapter. 18.51.050 Remediation for Mitigatable Sensitive Lands Certain Sensitive Lands have the potential to be remediated and/or mitigated. If the City finds that remediation and/or mitigations proposed in a Geotech report do not resolve an identified sensitive lands issue, then the City or the applicant shall follow the Dispute Resolution and Peer review process as set forth in MKZ 18.51.060. The City Engineer and City Geologist shall have the right to review, provide comments and suggested changes, and ultimately approve, deny, or modify the mitigation techniques. Such mitigation techniques shall be stamped by the applicant’s geotechnical engineer. All disturbed lands shall be rehabilitated and revegetated, except where buildings and impervious surfaces are proposed on the approved site plan or subdivision plat. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 4 18.51.060 Dispute Resolution and Peer Review When an applicant or the City Geologist and City Engineer determine that a third party review of the information provided by the developer/applicant is appropriate or that additional studies are needed, the developer shall pay for such additional studies/Peer Reviews and the City shall manage the funds. Such costs shall be based on an estimate provided by an engineer and/or geologist of the City’s choosing. When a cost is established, the applicant shall make a full deposit of the estimated cost plus twenty percent Drawdowns may be approved by the City as work is completed leading to a final report. Unused funds shall be returned to the applicant, without interest. Such studies or peer reviews may be required for any identified sensitive land. 18.51.070 Development Design Considerations A. All development plans in a Sensitive Lands Area shall include a grading plan, subject to the requirements for Engineering Grading Plans as set forth in the Engineering Requirements Checklist , to assure that the development minimizes land disturbance, that erosion and stormwater are retained on-site to the greatest extent possible, and conforms to Title 14, Engineering Standards. Topsoil that is removed from the site during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut-and-fill slopes. Such plans shall establish a limit of disturbance indication on the site plan where development activity will be contained. Sites with slopes that average over twenty percent (20%) shall limit their grading to no more than sixty percent (60%) of the lot area. B. All development plans affected by Sensitive Lands as described in this section shall include a Limits of Disturbance (LOD). The LOD is defined as the area(s) in which construction and development activity shall be contained, including development and construction of the principal building, accessory structures, recreation areas, utilities, services, driveways, storm drainage, and other similar improvements. LOD areas shall not encroach into setbacks required by the underlying zone or the specified buffers as defined in this chapter. An LOD Site Plan Example is illustrated in Figure 18.51.XX. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 5 1. A Limit of Disturbance is required to be established on a site plan or preliminary plat for properties affected by or within one hundred feet (100’) of the following topographical features: a. Slopes on Natural Ground Surfaces in excess of thirty percent b. Wetlands, c. Rock outcroppings larger than ten feet wide and ten feet (10’) tall, d. Avalanche zones, e. Alluvial fans, f. Rock fall areas, g. Gullies/ravines deeper than ten feet (10’) and wider than twenty feet h. Intermittent or constant flow stream corridors, i. Ridgelines, j. Natural springs, k. Oak and maple groves in excess of twenty five hundred square feet (2500’); or l. Wildland Urban Interfaces, 2. The following need not be included in the limits of disturbance: a. Up to ten feet (10’) of paved or unpaved shoulders for driveways. b. Areas consisting of natural ponds, streams, trees, and other vegetation where no grading work is done. Such areas shall be avoided, buffered, and/or preserved. 3. LODs may be required to be updated during the construction process, due to unforeseen circumstances. In the case of an amendment, a revised LOD shall be submitted to the City for a site plan review. 4. An LOD shall be delineated on site with fencing or other separation methods approved by the Planning Director prior to the commencement of excavation, grading, or construction activities on the site. An LOD delineation shall be established by a professional surveyor licensed to practice the State of Utah, and shall be permanently maintained for the duration of development activities on the site. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 6 Figure 18.51.XX – LOD Site Plan Example. C. Slope cuts and grading shall conform to the following: 1. Prior to issuance of a building permit, final plans shall be in accordance with a grading and excavation plan and the Geotech report for the site, as approved by the City Engineer. Figure 18.51.XX illustrates a development plan that minimizes cuts. 2. Cantilevers/eaves located on a second floor and above may encroach into the LOD and/or zone setbacks by up to three feet , provided the cantilevered setback can be constructed entirely from within the LOD. Figure 18.51.XX – A Development Plan that Minimizes Cuts ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 7 3. The original, natural grade of a lot may not be raised or lowered more than four feet at any point for construction of any structure or improvement, except that the site’s original grade may be raised or lowered eight feet if a retaining wall or terracing is used to reduce the steepness of man-made slopes. Terraces and retaining walls must comply with the requirements of MKZ 18.XX – Fencing, Walls, and Retaining Walls. 4. Separate building pads for accessory buildings other than private garages, (including but not limited to accessory dwelling units, guest houses, barns, recreational structures such as tennis courts, swimming pools, and similar facilities) are prohibited except where the slope on the natural or artificial ground surface is twenty percent (20%) or less. 5. The following limits apply to graded or filled slopes and artificial surfaces: a. Slopes of twenty percent (20%) or less are encouraged wherever possible. b. Artificial Ground Surfaces shall not exceed the maximum slope of thirty percent (30%) unless a greater slope is supported by soils stabilization methods identified in a Geotech study and approved by a Geotechnical Engineer licensed to practice in the state of Utah. percent. c. Temporary slopes as a result of development activity shall not exceed thirty percent (30%) unless such slopes are supported in a Geotech report prepared by a geotechnical engineer licensed to practice in the State of Utah, and any mitigations required in the report are adhered to for the duration of the development activity. In no case can a temporary slope exceed fifty percent d. All cut, filled, and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain. e. Stormwater retention or detention is prohibited on slopes greater than twenty percent 6. Excavation for footings and foundations shall not occur outside limits of disturbance and shall be minimized to lessen site disturbance and ensure compatibility with hillside and sloped terrain. Intended excavation must be supported by detailed engineering plans submitted as part of the application for site plan approval. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 8 D. Stormwater. Storm drainage plans shall include a system design to return collected and clarified waters to the natural drainage channels or to the adjacent ground, as set forth in MKC 17.22.050. All developments are required to obtain a Land Disturbance and Stormwater Quality Permit (LDP) as set forth in MKZ 17.22.040 and if required shall provide evidence of a Utah State Department of Environment Quality General Construction Storm Water UPDES Permits at building permit issuance. E. Geotech reports, are required as set forth in MKZ 18.51.020 and in the Engineering Requirements Checklist and are catered to the type of Sensitive Lands encountered, shall also include an analysis of the soil types and their potential for movement when additional moisture is applied, as may occur from heavy rainfall or melting snow, landscape irrigation and/or impervious surface runoff or saturation, on any lot with a slope over fifteen percent Geotech reports shall also identify: 1. The depth to water table; 2. Additional requirements for drainage of subsurface water as set forth in MKC 17.12. F. After identifying/documenting (or delineating in the case of wetlands) any sensitive lands as defined above, and reviewing the Millcreek Sidewalk and Trails Master Plan, the Millcreek General Plan, the Salt Lake County Regional Trails Master Plan, as part of the design process of a development, and as part of the concept plan submission, each development shall include a conceptual design to assess how the development will be designed to preserve the identified sensitive lands and evaluate the potential to extend trail systems to and within the area. Trails are designated a conditional use on slopes up to fifty percent prohibited from areas sloped greater than fifty percent and may disturb areas they traverse. G. Mitigating Cuts and Fills. Development shall mitigate the visibility of cuts and fills and buildings on hillsides that are visible from the adjacent streets. Mitigations shall include methods to conceal such cuts and fills and buildings, such as evergreen landscaping, hill terracing, use of earth-tone colors on structures, or the reduction of the width of a required street cross-section, subject to approval of the City Engineer or Fire Marshal. 18.51.080 Development Limitations and Prohibitions A. All new development, including any subdivision of land, is prohibited in the following areas: 1. Except for the installation of fencing and live plant materials, development is prohibited on slopes of thirty percent (30%) or greater. Properties with slopes of thirty percent (30%) or greater shall remain undisturbed, unless the property has a natural, contiguous building area based on the original grade that can encompass the proposed building, and has a buildable area with a minimum of five thousand square feet (5,000 sf) at or below thirty percent ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 9 (30%) natural grade. All such properties shall include specific engineering designs to contain runoff, erosion, and pollution on the subject property during construction and after construction. A land disturbance permit, and possibly a permit, are required. This includes the prevention of any materials caused by erosion flowing out onto adjacent trails, sidewalks and streets, adjacent fences/properties, and erosion onto the sensitive lands buffer areas. Additional setbacks from sections of the property that are steeper may be required as per the Geotech report, or as identified in adopted building codes. Where slope maps are required as part of a Geotech report, they shall include: a. A base topographical map of the subject site, prepared and signed by a Utah licensed civil engineer or land surveyor. This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries to portray the site's context. b. The slope analysis shall be prepared using CAD based or GIS based software specifically designed for such purpose. Contours on the exhibits shall be prepared using no greater than two-foot contour intervals with ten foot (10') contours being clearly labeled and at a scale of not less than one inch equals one hundred feet = 100'). The slope analysis exhibit shall delineate slope bands, with contrasting colors, for the following slope ranges: zero percent to fifteen percent more than fifteen percent (15%) to twenty percent more than twenty percent (20%) to thirty percent more than thirty percent (30%) percent to fifty percent and more than fifty percent c. A tabulation chart indicating the land area in acres within each slope category as identified herein. d. A sufficient number of slope cross sections to clearly illustrate the extent of the proposed grading. The slope cross sections shall: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 10 Be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and be of the same scale. The slope cross section shall extend at least one hundred fifty feet (150') outside the project site boundary to clearly show impact on adjacent property. Slopes shall be calculated in intervals no greater than forty feet (40') along the cross sections. At a minimum, sections shall be drawn along those locations of the project site where: The greatest alteration of existing topography is proposed; The most intense or massive development is proposed; The site is most visible from surrounding land uses; Where grading will impact natural drainage conditions. At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. The slope cross sections shall be stamped and signed by a Utah licensed land surveyor or engineer proficient in creating such cross sections indicating the datum, source, and scale of topographic data used in the slope profiles. The signer shall attest to the fact that the slope profiles have been accurately calculated and identified. The slope cross sections shall show existing and proposed topography, structures, driveways, and roadways. Proposed topography and features shall be drawn with a solid line. Existing topography and features shall be drawn with a dashed line. e. The slope analysis calculations shall be prepared by a Utah licensed professional who is proficient in creating the exhibits with the use of computer software designed for preparing said exhibits. 2. Cuts and fills shall be avoided in project design to the greatest extent possible and shall not exceed thirty percent (30%) slope unless a greater slope is supported by soils stabilization methods identified in a geotechnical study and approved by a Geotechnical engineer licensed to practice in the state of Utah. Retaining walls extending over six feet in height shall include a landscaped terrace of a slope not to exceed thirty percent Any slope between terracing should be specified on the construction drawings and approved by a Geotechnical engineer. Terracing shall be a minimum of six feet in width for every six feet in height, as illustrated ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 11 in Figure 18.51,XX. Terraces may be created at lesser heights to meet slope related issues, but the minimum terrace width shall be in six-foot intervals. Development affecting slopes of twenty percent (20%) or greater shall submit plans that conform to any City Standards, utilize Low Impact Development techniques, and may require specialized storm water permits such as a Revegetation with native plants and groundcovers of disturbed areas is required as soon as possible or within six months for any grading performed for road work and after the occupancy of a home. Streets, roads, alleys, or driveways may not cross slopes that average (in any fifty foot (50’) interval) thirty percent (30%) or greater. Public or private streets in a sensitive land area shall not exceed twelve percent Driveways or private streets shall not exceed ten percent (10%) within twenty feet (20’) of a public street. Figure 18.51.XX Cut and Fill Example Cut and fill example 3. Avalanche paths shall be identified, and development shall avoid such paths as recommended by a qualified Geotechnical Engineer. 4. Fault lines, scarps, landslides, rock outcroppings, rock-fall, alluvial, fans and mud/debris flow areas shall be avoided and mitigated as recommended by a qualified Geotechnical Engineer licensed to practice in the State of Utah. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 12 Figure 18.51.XX Buffer Example 5. Stream beds (including intermittent), gullies, ditches, flood channels, flood plains, areas of springs, seeps and surface water are subject to the following additional requirements: a. Setbacks from a building, should be no less than fifty feet (50’) from the top edge of the bank or high-water mark of the feature of a perennial stream and fifty feet (50’) from any other feature mentioned above, as illustrated in Figure 18.51.XX, unless otherwise specified in Title 14 or supported through a geotechnical engineer’s study. Such areas are not allowed to be filled/eliminated. b. Pollution sources including but not limited to fuel tanks and their containment systems, animal yards, septic tanks, parking lots, shall be setback at least fifty feet (50’) from the hydrologic feature or as required by the Utah Department of Water Quality. c. Additional vegetation may be required between the hydrologic features and development for erosion control (with limited fertilizer or pesticide use in natural corridors) or for public amenities. Hydrologic features that are accompanied by an amenity such as a park or trail shall include sufficient open area along and surrounding the hydrologic feature to ensure ample room to protect the feature and to provide area for enjoyment of the amenity; d. Any development within a floodplain shall comply with the standards and permitting requirements of MKZ 18.XX Floodplain Hazard Regulations and MKC Title 17 Flood Control and Water Quality. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 13 e. Any new plantings located within stream beds or natural waterways shall comply with the standards as set forth in MKZ 18.65.130. 6. Development shall avoid destabilizing the downhill portion of canals. No cuts shall be permitted below a fifty percent (50%) slope measured from the downhill bank of a canal without mitigation/safety strategies proposed by a geotechnical engineer, as illustrated in Figure 18.51.XX below. Construction adjacent to a canal shall be coordinated with the facility/canal owner and is subject to review and approval by the owner of the facility. Construction adjacent to a canal shall allow inspections by the facility owner during construction and when construction is complete the facility owner shall provide a letter of acceptance. Figure 18.51.XX Canal Bank Stabilization 7. Identified wetlands shall be delineated using the Section 404 definition and procedures as set forth in the Clean Water Act. Protected wetlands shall be accompanied by additional open lands when they are adjacent or combined with usable open space and trails, with such adjacent areas averaging a width of fifty feet (50’) wide from the defined edge of the wetland. Parking lots and potential pollution sources including but not limited to fuel tanks and their containment systems shall be set back one hundred feet (100’) from the identified wetlands, unless diversionary devices, as recommended by a Geotechnical engineer, and approved by the City, are constructed to solve potential pollution problems. Additional vegetation may be required in these buffer areas for erosion control (with limited fertilizer or pesticide use) or for public amenities, to reduce the illicit discharges as set forth in MKC 17.22.130. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 14 8. Potential wildfire areas shall be assessed, and mitigation strategies applied, as identified as best practices of the Utah Wildland Urban Interface Code (WUI). Best practices include but are not limited to low fire hazard buffers surrounding lots and/or buildings in areas to be developed that are prone to wildfires. A specific plan addressing mitigating measures to reduce the potential for damage from wildfires is required. 9. Unless otherwise allowed by this title, no development may break a ridgeline. In addition to ridgelines as defined in this Title, for the purposes of this chapter, ridgelines also include ridges that are visible as viewed from the ground level within the Wasatch Boulevard right-of-way. 18.51.090 Development Constraints for Certain Sensitive Lands A. The following sensitive lands with potential hazards require additional mitigation techniques in any new development, including the subdivision of land, and the developer shall provide mitigation for such hazards when they apply. The applicant shall record a Geological hazards Disclosure and Acknowledgment and any associated geologic hazard site-specific studies with the Salt Lake County Recorder and referenced on the Title for the property, and on the subdivision plat, if applicable. A Geological Hazards Disclosure and Acknowledgement shall be on a form provided by the City. Such mitigatable hazards and mitigation techniques (practicable or available) shall include, but are not limited to the following: 1. Alluvial fan, flood/debris flow, liquefaction potential, collapsible soils, and shrink-swell soils. Mitigation techniques shall follow the advisement of a qualified Geotechnical Engineer and will be subject to peer review, at the developer’s cost. 2. Shallow groundwater. Areas with ground water within three feet of the ground surface, shall require additional analysis to assess their feasibility for development. If areas of shallow ground water are found that prohibit or impact foundations, such areas shall be noted in the concept design and addressed during preliminary review and noted on the final plat. Mitigation techniques shall follow the recommendation of a qualified Geotechnical Engineer licensed to practice in the State of Utah and will be subject to peer review, at the developer’s cost. 3. Mitigation techniques shall follow the procedures of MKZ XX, Floodplain Hazard Regulations Ordinance. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 15 18.51.100 Geotech/Geologic Hazard And Engineering Geology Reports. A. This section describes requirements for site-specific geologic hazard studies and reports, in addition to the requirements established in the Engineering Review Checklist. If the report conclusions are questioned, the report may be subject to a Peer Review as set forth in MKZ 18.51.060. This requirement is based on other previously mapped geological hazards that are shown on the Sensitive Lands Map, or identified in a previous Geotech report or geologic hazard study. Table 18.51-1 outlines the requirements, by development type and sensitive lands type, for a Geotech Report: Land Use (Type of Facility Topographical Feature Subsurface Feature Debris Flow, Rockfall, or Landslide Slopes Greater than 15% Avalanche Surface Fault Rupture Study Area Liquefaction – High and Moderate Liquefaction – low and Very Low New Single-Family Home in an Existing Subdivision Required Required Required Required Not Required Not Required Addition to a Single- Family Dwelling, up to 850 square feet Required Required Required Required Not Required Not Required Addition to a Single-Family Dwelling, 850 square feet or more Required Required Required Required Not Required Not Required Single-Family Residential Minor Subdivisions Required Required Required Required Not Required Not Required Single-Family Residential Major Subdivisions Required Required Required Required Required Not Required Multifamily Residential Developments – up to 3 units per acre Required Required Required Required Not Required Not Required ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 16 Land Use (Type of Facility Topographical Feature Subsurface Feature Debris Flow, Rockfall, or Landslide Slopes Greater than 15% Avalanche Surface Fault Rupture Study Area Liquefaction – High and Moderate Liquefaction – low and Very Low Multifamily Residential Developments – 4 units per acre or more Required Required Required Required Required Not Required Industrial or Commercial Buildings, 1 story and under 5,000 square feet Required Required Required Required Not Required Not Required Industrial or Commercial Buildings, either greater than 5,000 square feet or more than one story Required Required Required Required Required Not Required Critical and Essential Facilities Required Required Required Required Required Required B. Identified Sensitive Lands Areas are based on previous area studies and mapping that designated certain areas of the City to have potential geo-hazards or sensitive lands. All Geotech reports shall include a soil type, condition, percolation test, and water table analysis. Certain studies require an analysis method which shall follow the section below the table.. Some areas have more than one hazard or sensitive land feature that generates the need for certain studies, including: Sensitive Lands features - See sensitive lands map Geotech Report Level 1 Geotech Report Level 2 Liquefaction Analysis WUI preventio n report Other Reports Surface Fault Rupture NA Yes No No ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 17 Sensitive Lands features - See sensitive lands map Geotech Report Level 1 Geotech Report Level 2 Liquefaction Analysis WUI preventio n report Other Reports Low Liquefaction Potential No No No No Moderate Liquefaction Potential Yes No Yes No High Liquefaction Potential No Yes Yes No Landslide, Debris Flow, rockfall, rock outcroppings No Yes No No Avalanche No Yes No No Slopes from 20% to 30% Slopes over 30% No Yes No No Shallow Water Table No Yes Yes No Flood Zone using FEMA A and AE Flood Zone maps No Yes Yes No Stream Corridor including intermittent streams, springs, and other water bodies No Yes Yes No Saturated or movement prone soils No Yes Yes No Alluvial Fans No Yes No Yes, if located next to wildlands Include landslide and debris flow analyses Wetlands No Delineate – see 19. 42.80 above) Yes No Gullies/ravines deeper than 10’ and wider than 20’ No Yes No No Wildland Urban Interface No No No Yes *The methods to be used in Geotech and Liquefaction studies for certain sensitive land features are detailed below: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 18 1. Reports for geologic hazards investigation and assessment shall be prepared by a qualified engineering geologist, except as provided below. The report shall be site- specific and shall identify all known or suspected potential geologic hazards, originating on-site or off-site, whether previously mapped or unmapped, that may affect the particular property. All reports shall be signed, stamped, and dated by the preparer and include the qualifications of the preparer(s). 2. Fault rupture hazard reports shall contain all requirements as described in the document “Minimum Standards for Surface Fault Rupture Studies” published by Salt Lake County, and incorporated by reference. Fault study reports shall be prepared, signed, and stamped by a qualified engineering geologist. Any setbacks established by a fault study shall be shown on a site plan and on a preliminary and final plat, if the development is part of a subdivision. 3. Liquefaction analyses shall contain all requirements as stated in the document “Liquefaction: A Guide to Land Use Planning” published by Salt Lake County, and incorporated by reference to this code. Liquefaction analyses shall be prepared by a qualified professional geotechnical engineer, and shall include the professional engineer’s original stamp and signature. 4. Debris flow hazard studies and reports shall include test pits or trench logs (scaled one inch to five feet include estimates of the number and frequency of past events and their thicknesses, volume and maximum clast sizes; and include estimates of the recurrence, depth, and impact forces anticipated in future events. While debris flow hazard analyses may require contributions from hydrologists and engineers, the debris flow report shall be under the control of, and prepared by, a qualified engineering geologist. 5. Landslide reports shall be prepared in accordance with the Utah Geological Survey’s “Guidelines for Evaluating Landslide Hazards in Utah” (Hylland, 1996). Landslide reports shall be prepared, signed, and stamped by a qualified engineering geologist, and include the qualifications of the preparer. Slope stability or other analyses included in these reports shall include both static and dynamic conditions, and shall be prepared by a qualified professional geotechnical engineer licensed in the State of Utah, and shall include the professional engineer’s original stamp and signature. 6. Snow avalanche hazard reports shall be prepared in accordance with the document “Snow- Avalanche Hazard Analysis for Land Use Planning and Engineering” (Colorado Geological Survey Bulletin 49) or other appropriate references. Avalanche hazard reports must be prepared by an experienced avalanche expert, and shall include the avalanche expert’s qualifications to perform the study (such as their experience in performing similar studies). ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 19 7. Other geologic hazard or engineering geology reports shall be prepared in accordance with Utah Geological Survey Miscellaneous Publication M, “Guidelines for Preparing Engineering Geologic Reports in Utah.” All reports shall be signed by the preparer and include the qualifications of the preparer. Generally, these reports must be prepared, signed, and stamped by a qualified engineering geologist licensed in the State of Utah. However, reports co-prepared by a professional engineer must include the professional engineer’s original stamp and signature. 8. All reports for areas where a level 2 Geotech report is required, shall include, at a minimum: a. A 1:24,000-scale geologic map (with reference) showing the surface geology (including but not limited to landslides, alluvial fans, and fault scarps), bedrock geology (where exposed), bedding attitudes, faults or other structural features, and the locations of any geologic hazards. The map shall illustrate the proposed site modifications/mitigations relative to geological and natural hazards and/or geotechnical limitations that may impact the site. b. A detailed site map of the subject area showing any site-specific mapping performed as part of the geologic investigation, and including boundaries and features related to any geologic hazards, topography, and drainage. The site map must show the location and boundaries of the hazard(s), delineation of any recommended setback distances from hazard(s), and recommended location(s) for structures. Buildable and non-buildable areas shall be clearly identified. Scale shall be one inch equals two hundred feet or smaller. c. Trench logs that explore two feet below the lowest proposed excavation or is specified in the special study requirements, and test pit logs (scale: one inch equals five feet or smaller), boring logs (scale: one inch equals five feet or smaller), aerial photographs, references with citations, and other supporting information, as applicable d. Conclusions that summarize the characteristics of the geologic hazards, and that address the potential effects of the geologic conditions and geologic hazards on the proposed development and occupants thereof in terms of risk and potential damage. e. Specific recommendations for additional or more detailed studies, as may be required to understand or quantify the hazard, evaluate whether mitigation measures are required, and evaluate mitigation options. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 20 f. Specific recommendations for avoidance or mitigation of the effects of the hazard(s), consistent with the purposes of this code. Such recommendations may include areas for preservation where the hazards prevent development. Design or performance criteria for engineered mitigation measures and all supporting calculations, analyses, modeling or other methods, and assumptions, shall be included in the report. Final design plans and specifications for engineered mitigation must be signed and stamped by a qualified professional geotechnical or structural engineer, as appropriate. g. Evidence on which recommendations and conclusions are based, shall be clearly stated in the report. C. Additional or more detailed studies may be required, as recommended by the report or as determined by the City Geologist on behalf of the City, to understand or quantify the hazard, or to evaluate whether mitigation measures recommended in the report are adequate. 18.51.110 Review and Approval of Required Reports A. In order to fulfill the purposes of this chapter, city staff and the City Geologist shall review any proposed land use which requires preparation of a geotechnical and/or Sensitive Lands/geologic hazard report under this chapter and as shown on the Sensitive Lands Map to determine the possible risks to the safety of persons, property or City infrastructure from Sensitive Lands. B. Prior to consideration of any such development, the Geotech and/or geologic hazard report shall be delivered/submitted to the City Geologist on behalf of the City for review and recommendation. The City Geologist may request the Utah Geological Survey, the U.S. Forest Service, and/or other experts to review the report (third-party review) and provide additional recommendations. Any cost the City must pay for such third-party reviews shall be paid by the applicant before the review is complete. Such costs shall be based on an estimate provided by an engineer and/or geologist of the City’s choosing. When a cost is established, the applicant shall make a full deposit of the estimated cost plus twenty percent The City Geologist on behalf of the City shall file a copy of any report involving significant geologic hazards with the Utah Geological Survey, and another copy in the Planning Department project file. C. The City Geologist on behalf of the City and other retained experts in their review of the report, in consultation with the City Engineer and Planning Director, shall determine whether the development complies with all of the following standards: 1. A suitable geotechnical and/or geologic hazard report has been prepared by a qualified professional as defined above. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 21 2. The proposed land use shall not include land to be developed that encompasses unmitigable hazards, including buildings, storm drains and systems, culinary water facilities, public streets, utilities or critical facilities, whether off-site or on-site. Natural functions of the landscape (including but not limited to slopes, streams or other waterways, drainage, and wildlife habitat, whether off-site or on-site) shall be retained where the presence of geologic hazards or because of modifications to the site due to the proposed land use shall negatively impact such functions; 3. If the applicant submits sufficient evidence in the Geotech/geologic hazard report that, using best available practices according to bona fide industry standards, including but not limited to AWWA, IBC, IFC, IRC, APWA, AASHTO, NFID, FEMA, WDDW, and UDEQ, the identified hazards can be mitigated to a level where the risk of human life and damage to property are reduced to an acceptable and reasonable level, in a manner which has a minimum effect on the natural environment and the built environment and will not violate applicable federal, state or local statutes, ordinances or regulations, then the proposed mitigations and land use may be approved by the City. As part of an approval, the City Geologist shall provide an advisory letter that assesses the value and appropriateness of any proposed mitigation techniques. 4. Areas determined to be undevelopable shall be designated as permanent open space within the subdivision or site plan, and shall be designated through an acceptable permanent sensitive land preservation instrument as set forth in MKZ 18.51.130. D. The City Geologist on behalf of the City may impose other requirements as are necessary to overcome any geologic hazards and to ensure that the purposes of this chapter are met. These requirements may include, but are not limited to: 1. Additional or more detailed studies to understand or quantify the hazard or determine whether mitigation measures recommended in the report are adequate; 2. Specific mitigation requirements; establishment of buildable and/or non- buildable areas; limitations on slope grading; and/or revegetation; 3. Installation of monitoring equipment and seasonal monitoring of surface and subsurface geologic conditions, including groundwater levels; 4. Areas determined to contain geologic hazards, that are hazardous to life or property shall not be approved for development. 5. Other requirements, including but not limited to time schedules for completion of the mitigation and phasing of development. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 22 6. Grading plans, shall be prepared, signed and stamped by a licensed professional engineer and shall meet the requirements as set forth in the Engineering Requirements Checklist 18.51.120 On Site Professional and Final Inspection A. Professional Inspection. The City requires that a qualified professional be on site, at the cost of the developer, during certain phases of construction, particularly during grading phases, to verify that development is occurring in a manner compliant with the approved Geotech report. Verification includes, but is not limited to, the construction of retaining walls, density testing as required by the design engineer, and the construction of any approved mitigation(s). For any real property with respect to which development has proceeded on the basis of a geologic or geotechnical report which has been accepted by the City, no final inspection shall be completed until the geotechnical engineer or engineering geologist who signed and approved the report certifies and delivers to the City, in writing, that the completed improvements and structures conform to the descriptions, designs, and requirements contained in said report. B. Design Engineer Verification. The design engineer shall inspect the construction of all slopes or cut and fill areas, provide all documentation of compaction / densities and inspection reports within 14 days of each major completed task. Including but not limited to drain system/canyon drain, benching, soil nails and material with optimal moisture content used with proctor. The design engineer must certify in writing that all slope are built per the approved design and shall submit that certification to Millcreek Engineering. 18.51.130 Acceptable Permanent Sensitive Land Preservation Instruments A. If sensitive lands are not retained in private ownership, such areas shall be preserved through either a conservation easement, a dedication as accessible public open space to the City with a conservation easement, a deed restriction with an HOA or common area maintenance commitment, or other means that assure permanent preservation and are accepted by the City. Such areas shall include public access points, where trails are included in the preserved sensitive lands. If one of the above techniques is not utilized other preservation techniques may be considered as part of a development agreement with the City Council. Undevelopable sensitive lands held privately shall include a recorded deed restriction easily found in a Title report that states portions of the lot are undevelopable. Such portions shall be clearly identified via mapping or a legal description. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 23 B. The City may consider Sensitive Lands preservation incentives through density transfers within a Development. To promote the preservation and avoidance of identified sensitive lands, density transfers/clustering may occur within a development proposal. The density shall reflect only the additional units that could have been built on the preserved areas. Any of the sensitive lands defined in this code may qualify for density transfers except for unbuildable areas above a thirty percent (30%) slope, avalanche / landslide / mud / debris flow corridors, fault lines, and areas delineated by the Army Corps of Engineers as wetlands. Where densities are transferred within a project, the resulting new development shall receive flexibility in setbacks, and lot sizes. Such transfers shall be implemented and established through negotiation with the City Council in a development agreement, after a recommendation by the Planning Commission. C. Developments that include Homeowner’s Associations or Common Area Maintenance Agreements shall include restrictive covenants with mitigation techniques for the continued maintenance, preservation, and enhancement of Sensitive Lands and their associated open spaces. 18.51.140 Other Considerations A. Existing development may have buried springs and/or piped streams, which could have potential cultural and historical value. If new development or significant redevelopment of the site’s structures, defined as over 50 percent (50%) of the building is being proposed, modified or replaced, efforts to re-establish an open stream or utilize the spring as a water feature, shall be considered in the design process. Buried/capped wells and pipes may be impractical to reestablish the natural feature. B. Low Impact Development (LID) Storm Water Erosion and Pollution prevention techniques are required as set forth in Millcreek Stormwater Management plan, as adopted and amended from time to time by the City Council. Any retention basins shall be free form, following the natural landforms. If such forms do not exist, the basin shall be shaped to emulate a naturally formed depression, including the sloped edges shall prevent erosion and be landscaped with native vegetation. Natural drainage channels shall be preserved. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 24 C. Trees, including Heritage trees shall be addressed as required by the Landscaping Ordinance. Oak and maple groves over twenty five hundred square feet (2,500 sf) in area, and any tree having a caliper of four inches or greater located within fifty (50) feet of a natural waterway shall be identified in a site plan and avoided in the site design. Significant trees shall be replaced with locally hardy, low water demand two- inch caliper trees. For each significant tree removed two replacement trees are required. Measures to protect existing trees shall be taken during construction. Unauthorized tree removal shall result in fines and a stoppage of City processing until the removals are replaced or a value, established by a working nursery or arborist (selected by the City) is estimated and a commensurate amount paid to the City. D. Where sensitive lands are identified and represent a hazard, a Geological hazards Disclosure and Acknowledgment shall be recorded on a form provided by the City, defining the sensitive land hazard, and locating it on the property for future owners to be aware. E. The owner of an existing parcel or lot legally created prior to the adoption of this chapter is not entitled to a building permit, unless that building permit fully complies with all requirements of this chapter, and all other applicable requirements. These requirements protect the public health, safety, and welfare of the community, and may prevent development on sensitive lands, especially steep slopes, areas with hazardous soils, and other sensitive lands features. 18.51.150 Warning And Disclaimer Sensitive Lands as identified in this chapter or the Sensitive Lands Map represent only those hazardous areas known to the City, and should not be construed to include all possible potential hazard areas. This code and associated maps may be amended as new information becomes available pursuant to procedures set forth in this code. The provisions of this chapter do not in any way assure or imply that areas outside its boundaries will be free from the possible adverse effects of geologic hazards. This chapter shall not create liability on the part of the City, any officer or employee thereof for any damages from geologic hazards that result from reliance on this chapter. Definitions "Active fault" means a fault displaying evidence of greater than four inches of displacement along one or more of its traces during Holocene time (about 10,000 years ago to the present). “Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 25 high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Avalanche" means a large mass of snow, ice, and debris in swift motion down a slope; includes both wet and dry snow avalanches. "Buildable area" means that portion of a site where an approved engineering geology and/or geotechnical report, as required, has indicated is not impacted by geologic hazards, or concluded that the identified hazards can be mitigated to a level where risk to human life and property are reduced to an acceptable and reasonable level, and where structures may be safely sited. Buildable areas must be clearly marked on the site plan and/or final approved plat, as appropriate. "Debris flow" means a slurry of rock, soil, organic material, and water transported in an extremely fast and destructive flow that flows down channels and onto and across alluvial fans; includes a continuum of sedimentation events and processes including debris, flows, debris floods, mudflows, clearwater floods, and alluvial fan flooding. "Engineering geologist" means a geologist who, through education, training and experience, is able to conduct field investigations and interpret geologic conditions to assure that geologic factors affecting engineered works are recognized, adequately interpreted, and presented for use in engineering practice and for the protection of the public. "Engineering geology" means the application of geological data, principles and interpretation so that geological factors affecting planning, design, construction, and maintenance of engineered works are properly recognized and adequately interpreted. "Essential facility" means buildings and other structures that are intended to remain operational in the event of extreme environmental loading from snow or earthquakes, including all Category II and III structures as classified in Table 1604.5 of the Building Code. "Fault" means a fracture in the earth's crust forming a boundary between rock or soil masses that have moved relative to each other (see "Active fault"). "Fault setback" means an area on either side of a fault within which construction of structures for human occupancy or critical facilities is not permitted. "Fault scarp" means a steep slope or cliff formed by movement along a fault. "Fault trace" means the intersection of a fault plane with the ground surface, often present as a fault scarp, or detected as a lineament on aerial photographs. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 26 "Fault zone" means a corridor of variable width along one or more fault traces, within which deformation has occurred. "Geologic hazard" means a surface fault rupture, liquefaction, landslide, debris flow, rockfall, avalanche, and/or other geologic processes that may present a risk to life and property. "Geologic hazard maps" refers to the following maps showing Geologic Hazards Special Study Areas in the City and by this reference the same is incorporate herein by reference: "Surface Fault Rupture and Liquefaction Potential Special Study Areas" dated March 31, 1989 and revised March 1995; "Avalanche Special Study Areas" dated March 31, 1989; "Landslide, Debris Flow, and Rockfall Special Study Area Map" dated April 9, 2002. "Geologic Hazard Special Study Area" means a potentially hazardous area as shown on the geological hazards maps, or in other areas defined under "Applicability" (MKZ 19.75.030), within which hazard investigations are generally required prior to development. "Geotechnical Engineer" means a professional engineer licensed in the State of Utah whose education, training and experience, is in the field of geotechnical engineering. "Geotechnical Engineering" means the investigation and engineering evaluation of earth materials including soil, rock and man-made materials and their interaction with earth retention systems, foundations, and other civil engineering works. The practice involves the fields of soil mechanics, rock mechanics, and earth sciences and requires knowledge of engineering laws, formulas, construction techniques, and performance evaluation of engineering. “Geotech Report, Level 1” means a Geotech report that includes a soils analysis and recommendations on structural requirements for footings and foundations, and other items as required by the Engineering Review Checklist. “Geotech Report, Level 2” means a Geotech report for a development in a Sensitive Lands area that includes an analysis of any topographical or subsurface feature on the property that is identified as a sensitive lands area, and includes other items as required by the Engineering Review Checklist. "Governing body" means the Millcreek Council. "Landslide" means a general term for the downslope movement of a mass of soil, surficial deposits or bedrock, including a continuum of processes between landslides, mudflows, debris flows and debris avalanches, and rockfall. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 27 "Liquefaction" means a process by which certain water-saturated soils lose bearing strength because of earthquake-related ground shaking and subsequent increase of groundwater pore pressure. "Non-Buildable Area" means that portion of a site which an engineering geology report has concluded may be impacted by geologic hazards that cannot be feasibly mitigated to a safe level, and where siting of structures is not permitted. “Riparian Buffer” means the transitional area between wetland and upland, naturally characterized by a unique plant community that provides natural filtering for runoff into wetlands. "Rockfall" means a rock, or mass of rock, newly detached from a cliff or other steep slope which moves downslope by falling, rolling, toppling, or bouncing; includes rockslides, rockfall avalanches, and talus. "Setback" means an area within which construction of habitable structures or critical facilities is not permitted. "Slope Stability" means the resistance of a natural or artificial slope or other inclined surface to failure by landsliding; usually assessed under both static and dynamic (earthquake induced) conditions. "Structure designed for human occupancy" means any residential dwelling or other structure used or intended for supporting or sheltering any human occupancy."Critical facility" means an essential facility, and lifelines such as major utility, transportation, and communication facilities and their connections to essential facilities. "Essential facility" means buildings and other structures that are intended to remain operational in the event of extreme environmental loading from snow or earthquakes, including all Category II and III structures as classified in Table 1604.5 of the Building Code. "Limits of disturbance" means area(s) in which construction and development activity are to be contained, including development and construction of the principal building, accessory structures, recreation areas, utilities, services, driveways, septic tank drain fields and related system requirements, storm drainage, and other similar services or improvements. “Ridgeline” means an area of topographical change, running parallel to a slope and having at least a 20’ rise over a 60’ wide area on one side of the ridge and extending for at least 300’. "Stream, Ephemeral" means those channels, swales, gullies, or low areas that do not have flow year-round or are not shown on United States Geological Services (U.S.G.S.) topographic maps as perennial streams. These are generally channels that are tributary to perennial streams, other ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.51 Sensitive Lands Overlay (SLO) Zone I v5 28 ephemeral streams, terminal low areas, ponds, or lakes. They are typically dry except during periods of snowmelt runoff or intense rainfall. (Contrast with “Stream, Perennial.”) "Stream, Perennial" means those streams, excluding ephemeral streams, or ditches and canals constructed for irrigation and drainage purposes, which flow year-round during years of normal rainfall, and that are identified on the appropriate United States Geological Services (U.S.G.S.) topographic maps as perennial streams. (Contrast with “Stream, Ephemeral.”) "Stream corridor" The corridor defined by a perennial stream’s ordinary high water mark. “Ground Surface, Artificial” means the surface of the ground as established prior to development, that has been previously regraded or otherwise altered by human activity. “Ground Surface, Natural” means the surface of the ground as established prior to development, that has not been previously regraded or otherwise altered by human activity. "Wildland Urban Interface” means the line, area or zone where structures or other human development (including critical infrastructure that, if destroyed, would result in hardship to communities) meet or intermingle with undeveloped wildland or vegetative fuel. ---PAGE BREAK--- ---PAGE BREAK--- From: R Williamson <[EMAIL REDACTED]> Sent: Tuesday, February 13, 2024 9:32 PM To: Jeff Silvestrini; Bev Uipi; Cheri Jackson; Silvia Catten; Francis Lilly; Rita Lund; Thom Desirant Subject: [Ext] Mt. Olympus Community Council recommendations from Feb 5, 2024 To: Millcreek City Council, Millcreek Planning Commission From: Mt. Olympus Community Council Date: February 13, 2024 Subj: Draft Sign Ordinance and Draft Sensitive Lands Overlay Zone Ordinance Draft sign ordinance changes, ZT-23-016 During the Mt. Olympus Community Council meeting on Feb. 5, the MOCC made the decision to separate the draft sign ordinance deliberations and motions into two distinct categories as listed below: 1. The draft sign ordinance, minus (not including) the draft language dealing with the city’s plan to install two additional “district signs” within the city center (motion 2. The draft sign ordinance language dealing with the plan to install two additional “district signs” within the city center (motion After Francis’s Lilly’s presentation, extensive discussion and questions ensued among all MOCC members, and the following motions were voted on: Draft Sign Ordinance, ZT-23-016 “Motion The draft sign ordinance, minus (not including) the draft language dealing with the plan to install two additional district signs within the city center: As respects the draft sign ordinance, but specifically not including the draft language dealing with two additional “district signs within the city center, the Mount Olympus Community Council gives a positive recommendation. Outcome: passed, on a unanimous vote of all 8 members present. Motion as respects the draft sign ordinance language that will make legal the city’s plans to install two additional “district signs” in the city center. The Mount Olympus Community Council gives a negative recommendation. Outcome: 8 council members present, 4 in favor, 1 opposed, 3 abstentions. This motion failed because the “4 in favor” number was not a simple majority of those present, as required by the bylaws. The three members abstaining, when asked their reasons, gave these general observations: “not having enough information,” “not prepared to cast a vote,” “too much complexity and to many unknowns at this time.”** Motion The Mount Olympus Community Council tables further discussion and recommendation until a future meeting. Outcome: passed on an unanimous vote of all 8 members present. ---PAGE BREAK--- **Some of the reasons for this outcome are listed below: Certain council members asked to review the results of the other three community councils (Millcreek, East Millcreek, and Canyon Rim) to assess their preferences before making a decision. Certain Council members asked if the City would consider making a better negotiation for billboard sq. footage to district sign sq. footage based on the differences in revenue comparisons, etc. Certain members questioned if the overall size (and placement) of the additional two signs could be reduced in size. Certain Council members expressed safety concerns about the distraction factor for passing drivers. Certain Council members expressed concern about the timing for each advertisement and if it could be extended for a longer duration (with a longer duration there could potentially be less distractions for drivers, as the timing of the digital sign that was presented was based on interstate/highway digital sign criteria). “It was generally felt that the city’s proposal for the additional 'district signs' had too many unknowns, making this issue not ripe for a recommendation.” Draft Sensitive Lands Overlay Zone Ordinance, ZT-23-011 Motion The Mount Olympus Community Council gives a positive recommendation for the adoption of this ordinance: Outcome: passed on a unanimous “yes” vote of all 8 members present. Respectfully, Richard Williamson Chair, Mt. Olympus Community Council ---PAGE BREAK--- February 19, 2024 To: Millcreek Planning Commission Applications: 1. CU-23-009 2. CU-24-001 3. ZM-24-001 4. ZT-23-011 5. ZT-23-016 Dear Millcreek Planning Commission, The Millcreek Community Council (MCC) reviewed the 5 applications listed above in our February meeting. 1. CU-23-009 The MCC discussed adding additional units and also adding additional parking. There was concern that the number of parking spaces included, particularly the two deep parking garages, would create a situation where owners store things in their garage and park in the shared parking area. The MCC voted 6 in favor, 4 against, and 1 abstaining to approve the CU with an amendment to add two additional parking spaces in the NW corner. 2. CU-24-001 The builder has been working with the MCC and city for some time to minimize any detrimental effects. The MCC voted 12-0 to approve the CU as presented. 3. ZM-24-001 Numerous residents showed up to the meeting to discuss this conditional use permit. All of them were against the proposed 6-unit addition where a single-family residence currently sits. Residents were concerned about traffic, renters, and the loss of single-family houses. There was some discussion among the council on whether the proposal would be better for residents if the units were sold versus rented. The MCC voted 7-5 in favor of not recommending the request to amend the general plan to accommodate this proposal, and also does not recommend the proposed rezone. 4. ZT-23-011 The MCC recommended by unanimous vote with 12 in favor, approval of the new Sensitive Lands Ordinance with the addition of paragraph 1975050 from the existing ordinance. 5. ZT-23-016 ---PAGE BREAK--- Numerous residents also showed up to discuss the proposed changes to Millcreek’s sign ordinance, and to comment on the city’s request to trade some number of traditional billboards for digital ones that the city would own around Millcreek Common. MCC members also received a few emails from residents stating their objection to any new digital billboards. The residents who showed up to the meeting were against the city building new digital billboards. There were plenty of ideas discussed between MCC members and city staff who presented the changes, including 1) increase the number of potential billboards that Reagan would agree to tear down in return for space on any future digital billboards; 2) to create an open and transparent system to determine which billboards will be swapped in any potential deal; and 3) having the city forego its 40% of the digital billboard time to remove more billboards from around the city. The MCC voted 12-0 in favor of adopting the city’s new sign ordinance, and also voted 9 in favor, 2 against, and one abstaining to approve the city’s plan to add digital billboards in return for removing traditional billboards as presented. Jacob Richardson 1st Vice Chair ---PAGE BREAK--- EAST MILLCREEK COMMUNITY COUNCIL. Comments on ZT-23-011 Repealing and Replacing the Existing FCOZ And adopting a new Sensitive Lands Ordinance The documents provided by Staff were very thorough and also very technical. The maps included were most helpful. Also appreciate that categories of ‘sensitive lands’ are in one ordinance. In general, will the ditch companies be part of the ‘check off’? On page 1 of ordinance, 18.51.020 B. Unclear, per map, if portions of parcels or all parcels are included as sensitive lands. Will map be updated to reflect 18.51.020 C. – Where/what is Table X 18.51.080 A.5.a. (page 12). Current FCOZ ordinance is 100 feet from stream, new development (homes), this states ’50 feet’ from a ‘building’. 18.51.140 C. Define ‘significant’ tree. Other discussion ask about what is a Heritage Tree and maples groves Suggestion to add additional definitions: Geotech Report, trees as in 1851.040 C. ---PAGE BREAK--- Minutes of the Planning Commission February 28, 2024 5:00 p.m. Special Meeting The Planning Commission of Millcreek, Utah, met in a special public meeting on Wednesday, February 28, 2024, at City Hall, located at 1330 E. Chambers Avenue, Millcreek, Utah 84106. The meeting was conducted electronically and live streamed via the City's website with an option for online public comment. PRESENT: Commissioners Shawn LaMar, Chair Victoria Reid, Vice Chair Steven Anderson David Hulsberg (excused) Christian Larsen Nils Per Lofgren (excused) Diane Soule Dwayne Vance Ian Wright (excused) City Staff Alexander Wendt, Deputy Recorder Francis Lilly, Planning & Zoning Director Kurt Hansen, Facilities Director Carlos Estudillo, Planner Sean Murray, Planner Jake Green, Development Review Specialist Ryan Bagshaw, Dev. Review Engineer Attendees: Mitchell Vice, Angel Vice, Jana Tibbits, Kathy Blake, Leon Paller, Gary Hannen, Nicole REGULAR MEETING - 5:00 p.m. TIME COMMENCED - 5:06 p.m. Chair LaMar called the meeting to order and read a statement describing the duties of the Planning Commission. 1. Public Hearings 1.1 Consideration of ZT-23-011, repealing and replacing the existing GFoothills and Canyons Overlay Zone (FCOZ)' MKZ 19.72 and adopting a new 'Sensitive Lands Ordinance' Francis Lilly, Planning Director, said these two ordinances are part of the city code updates. Millcreek does not want to be part of the list of cities where houses slide off the mountain, like Draper or North Salt Lake, ten years ago. This is a technical ordinance and staff will continue with technical review. Final adoption would happen when staff codifies the new code. The Planning Cominission will get another chance to review this. Planner, Carlos Estudillo, explained how each community council area has sensitive lands which include steep slopes, wetlands, etc. Mr. Lilly explained that the Millcreek GIS Specialist created a map tracking all slopes over 30 degrees. There are many slopes in Millcreek that are over 30 degrees and many ---PAGE BREAK--- Millcreek Planning Commission Meeting Minutes 28 February 2024 Page 2 of 12 areas that are outside of the current FCOZ regulations. Mr. Estudillo reviewed the sensitive lands in the Millcreek Cornrnunity Council district. This area has fault lines, fault setbacks, floodplains associated with Mill Creek, and moderate or high liquefaction areas. The entirety of the Millcreek Community Council District is affected by sensitive lands, which have been regulated in the past in the Geological Hazards Ordinance. Liquefaction areas require more robust soil studies and declarations, fault line hazard areas require an on-site fault line survey. The regulation for this area is not changing significantly in the new sensitive lands ordinance. East Mill Creek sensitive lands include fault areas and setbacks near Highland Drive, floodplains along Mill Creek and some ravines and gullies. Canyon Rim is least impacted by sensitive lands although there is a known fault along I-215 North. Mount Olympus has significant and well- known sensitive lands including debris flow areas and areas with slopes greater than 30 percent. There is a significant avalanche path, several alluvial fans, and significant floodplains. Mr. Estudillo spoke about General Plan Considerations. These goals are to preserve and enhance the physical elements that define each neighborhood's character, Mr. Lilly said Jake Green, Development Review Specialist, said many of these requirements were already in the code but safety checks have been added to the code, more engineering review, and more field checks. This helps staff do their job better. Ryan Bagshaw, Development Review Engineer, said that this code change is for the good of Millcreek. In Utah, 30 properties a year are affected by landslides and geologic dangers. Changes to Millcreek code would help Millcreek as a whole. Mr. Estudillo went over Community Council recommendations. East Mill Creek voterl unanimously in favor of the adoption of a new sensitive land ordinance. Mount Olympus Community Council voted unanimously in favor of adoption. Millcreek Community Council voted unanimously in favor, but they would like the option that relieves the builder of a single- family home from the obligation of an extensive geotechnical study. The Canyon Rim Citizens Association voted unanimously in favor. Staff recommendation is based on the findings and conclusions in the staff report that the Planning Commission take comments from the public meeting and provide a recommendation for ZT-23-011. Commissioner Reid said she lives along Mill Creek and is concerned about people cutting trees down. She asked if there are protections for trees along Mill Creek. Mr. Lilly said there are protections for natural tree groves. There is a requirement for native plantings in riparian areas. Mr. Lilly said that he is not aware of a recommendation like Commissioner Reid suggests. This is a great addition to the code. Commissioner Reid said she is concerned about wildlife habitat and stopping pollutants. Mr. Lilly continued and said it makes sense to protect natural trees and vegetation within 50 feet of a riparian corridor. Commissioner Anderson said that sometimes trees do need to be removed next to a creek due to irrigation and drainage concenis. It is the case where vegetation should have been cut out years ago and they need to be cut down sometimes. Mr. Lilly said that Salt Lake County Flood Control will need to cut down trees to do their job. The code will need to be written in a way that allows tree maintenance. Commissioner Soule asked where the term "sensitive lands" came from and what it does to override the FCOZ rules. In her experience, sometimes the county rules override the city rules. At one point she had to deal with Salt Lake County, Salt Lake City, and Holladay. A cornrnuity council alleviating a property owner of geologic surveys may not have precedent. Mr. Lilly said that the county would not have land use authority in Millcreek, but a homeowner may liave to work with Salt Lake City Public Utilities, or Unified Fire. However, if someone came to Millcreek then they would be dealing mostly with a Millcreek planner. Mr. Bagshaw said the ---PAGE BREAK--- Millcreek Planning Commission Meeting Minutes 28 February 2024 Page 3 of 12 notification that Millcreek will require will tell homeowners what they are getting into with their land. Mr. Lilly said that a sensitive land issue is recorded on the property title. Mr. Lilly said the phrase sensitive lands is an industry standard term in the planning community. Many other cities in Utah use the term. Mr. Green said the studies are held to industry standards. Millcreek does not want to build different than Murray, for example. Millcreek Code 18.51.100 has requirements for the studies. Commissioner Soule said on page 10 the statement about experts is too loose. She asked who were the licensed experts. Mr. Lilly said that the term could be changed to a licensed land surveyor or land engineer. Mr. Green said they want to clearly disclose sensitive land issues to residents. Chair LaMar asked about the geologic survey for a garage remodel. Mr. Green said a garage remodel can still affect the home next to it and it depends on the land the property is on. Coinrnissioner Anderson said the geologic review for a remodel should not be that extensive. Chair LaMar said that a garage could be attached to the house and if it fell due to liquefication that affects the habitable portion of the home. Cornrnissioner Anderson said a single-family home doing a 50-foot bore is very expensive. Mr. Green said that would happen in a high and moderate liquefaction area. Chair LaMar said that sensitive lands do not always line up with a property parcel. Mr. Estudillo said that the owner would have to provide a limit of disturbance report, this is based on the slope and other geological hazards. Chair LaMar asked what if 2,000 square feet of your property is in a liquefaction area, does this just apply to the buildable area of the property. Mr. Lilly said that the area where someone is building is subject to sensitive land rules. Commissioner Anderson said that a home has less liquefaction risk than a larger building. He asked why should a geotech engineer do a 50 foot bore when they know about a liquefaction area for just a home. Mr. Green said the city geologist wants a heavy recommendation in applications about liquefaction areas. Chair LaMar opened the public hearirtg. There were no comments. Chair LaMar closed the public hearing. Chair LaMar brought up potential changes that the commissioners spoke about earlier in the meeting. Chair LaMar expressed that having homeowners pay thousands of dollars for a 50-foot bore could be an undue burden on homeowners to protect city liability. Mr. Green said the study could cost $10,000. Mr. Brems, Millcreek Attorney, said that he is not concerned so much about city liability; in this case he is concerned about protecting people from themselves or protecting people from their contractor. Cornrnissioner Reid said they had to walk away from two homes in Holladay due to problems with liquefaction in an area where it was not in a sensitive land zone. Commissioner Soule moved to approve ZT-23-011 with the proposed changes, adding vegetation along waterways, when people build, they need to put in appropriate vegetation or trees, clarifying the licensed professionals, adding definitions as discussed and recommend approval to the City Council. Commissioner Larsen seconded the motion. Commissioner Soule voted yes, Commissioner Larsen voted yes, Commissioner Anderson voted yes, Commissioner Vance voted yes, Commissioner Reid voted yes, and Chair LaMar voted yes. The motion passed unanimously.