Agenda Item Title:
Title
Special Exception for Restoration in the
Sensitive Area Overlay with 30% or greater slopes
9677 S. Quail Hill Lane
[Community #30, Granite]
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
The applicant and property owner, Wayne Neiderhauser of Quail Run Development, LLC, is requesting a Special Exception for the property located at 9677 S. Quail Hill Lane. The request is for a restoration plan to grade and landscape the hillside with 30% or greater slope in the Sensitive Area Overlay (SAO) zone
The subject property is a 0.35-acre legal lot in the Monte Cristo at La Caille Subdivision. The lot is in the R-1-15 residential district, and within the Sensitive Area Overlay (SAO) zone. As shown on the plat, portions of lots have been designated as “Non-disturbance Areas” that are determined to be protected hillside with 30% or greater slope. These areas are to remain in its natural condition (see Lot 109 in Exhibit “A”). This site is in a residential neighborhood with new single-family lots under development or with existing homes to the north, south, east and west. The vicinity map to the right illustrates this location.
In November of 2025, the city was alerted to an unauthorized alteration of the protected hillside area of this lot. Investigations confirmed areas of disturbance within the protected hillside area with 30% or greater slopes. After meeting with the developer on-site and providing direction on the next steps to restore the hillside, code enforcement staff issued an administrative citation for a code violation on November 12, 2025. The applicant has been working with the city staff to prepare grading and landscape plans to restore the hillside to its original condition. See Exhibits “B” and “C” for the applicant’s grading, landscape and irrigation plans. The applicant’s project description for restoring the site is included as Exhibit “D.”
Please refer to the staff report and exhibits for details on this application.
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommend that the Planning Commission grant a Special Exception to allow restoration of 30% or greater slopes in the Sensitive Area Overlay, as described in the staff report, for the property located at 9677 S Quail Hill Lane, based on the following findings and conditions of approval:
Findings:
1. The applicant removed native vegetation and altered a protected 30% or greater slope in the SAO without permits or approvals of the City.
2. City departments and divisions have preliminarily reviewed the proposed site, grading and restoration plan.
3. The City Engineer finds the protected slope areas could be closely restored to their native condition and be sufficiently stabilized with native vegetation.
4. The landscape plan needs to be revised so that the new scrub oak trees are placed in a natural pattern mimicking original conditions, and a method for tree protection is included to prevent the new scrub oak from being consumed by the wildlife in the area.
5. The City Engineer and Community Development Director recommend approval of the grading and landscape restoration plans, as proposed in Exhibits “B” and “C” (subject to the conditions listed below).
Conditions:
1. The applicant shall update and submit to city staff a revised Landscape and Irrigation Plan (Exhibit “C”). Staff approval of the final plan is required prior to issuance of a grading permit. The revised landscape and irrigation plan shall include:
a. A method for temporary protection of replacement trees to ensure the young trees can grow and establish themselves without being consumed by the wildlife in the area; and
b. New tree plantings placed in a natural vegetation pattern that is similar to original conditions, prior to the hillside disturbance.
2. The applicant shall restore the hillside in accordance with the final approved Grading, Landscape and Irrigation Plans and meet all conditions of approval.
3. The applicant shall implement and complete the approved Grading, Landscape and Irrigation Plans on or before October 31, 2026.
4. The applicant shall work with city staff and the Administrative Hearing Officer to close out the administrative citation per Section 21-15-7 of the Land Development Code.
5. A certificate of non-compliance shall remain on the property until the restoration is completed in accordance with the approved plans.