Agenda Item Title:
Title
Planchita Special Exception for
Restoration within 30% or greater slopes
10074 S Stone Mountain Cove
[Bell Canyon, Community #29]
Body
Presenter:
Melissa Anderson, Zoning Administrator
Body
Description/Background:
The applicant and property owner, Roman Planchita, is requesting a Special Exception for the property located at 10074 S Stone Mountain Cove. The request is for grading and restoration of a hillside slope with 30% or greater slope in the Sensitive Area Overlay (SAO). The subject property is a 1.02-acre legal lot in the Stone Ridge Subdivision. The lot is in the R-1-15 zone (min. 15,000 sq. ft. lot), and within the SAO zone with delineated non-buildable areas within 30% or greater slopes. This site is bordered by single-family homes to the north, east and west, and the Lower Bell Canyon Reservoir and Natural Recreation Area to the south.
In 1991, 10074 S Stone Mountain Cove was platted as Lot 13 of the Stone Ridge Subdivision. Notably, within this lot, there's a delineated non-buildable area with a 30% slope. Subsequently, a single-family home for Lot 13 was designed and approved, adhering to the stipulated setbacks from the delineated protected slope. This was all done in the County, prior to annexation to Sandy City in 1992.
In October of 2022, the city was alerted about an unauthorized alteration into the protected slope area of this lot. Investigations confirmed areas of disturbance within the protected hillside area with 30% or greater slopes. After confirming the existence of a violation in the SAO, the City issued a stop work order for the property. Investigations of the violation revealed that the homeowner engaged a contractor to construct an above-ground swimming pool on their property and some associated landscaping of their yard. The contractor began rough grading a protected slope with the intent to create a rock staircase up to a large boulder and small natural depression. The intent was to create a gathering area uphill of the swimming pool.
Since issuing the stop work order, City staff has collaborated with the property owner to create a plan to restore the disturbed hillside. The applicant has submitted grading and landscape plans to restore the affected area, which is included in the exhibits. See the Staff Report and Exhibits A - D for more information.
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommends that the Planning Commission grant a Special Exception to allow alteration and restoration of 30% or greater slopes in the Sensitive Area Overlay for the property located at 10074 S Stone Mountain Cove, based on the following findings and conditions of approval:
Findings:
1. The applicant removed native vegetation and altered a protected 30% or greater slope without permits or approvals of the City.
2. The City Engineer finds the protected slope areas could be closely restored to their native condition and be sufficiently stabilized with native vegetation.
3. City departments and divisions have preliminarily reviewed the proposed site, grading and restoration plan.
4. The City Engineer and Community Development Director recommends approval of the grading and restoration plan, as proposed in Exhibit “D” (subject to the conditions listed below).
Conditions:
1. The applicant shall comply with each department’s comments and redlines and resolve all issues on the proposed plans before a grading permit for hillside restoration is issued.
a. The landscape plan shown in Exhibit “D” shall be revised to address the redline comments and include native trees and shrubs, not just native grass seed. This plan shall be submitted for review and approval by the Community Development Department prior to issuance of the grading permit.
2. The applicant shall revegetate the disturbed areas with native species of trees, shrubs, and grasses to replace what has been removed. Revegetation shall be completed before May 15, 2024.
3. The appropriate temporary protection of replacement trees shall be provided to ensure they can grow and establish themselves without being consumed by the wildlife in the area.