Planning Commission

Minutes of the Millcreek Planning Commission January 20, 2021 5:00 p.m. Regular Meeting The Planning Commission of Millcreek, Utah, met in a regular public meeting on Wednesday, January 20, 2021 at City Hall, located at 3330 S. 1300 E., Millcreek, UT 84106. The meeting was conducted electronically per Millcreek State of Local Emergency Directive No. 2 of 2020 and live streamed via the City's website with an option for online public comment. PRESENT: Commissioners City Staff Shawn LaMar, Chair John Brems, City Attoi'ney (electronic) Russ Booth, Vice Chair (excused) Elyse Sullivan, City Recorder David Allen (electronic) Francis Lilly, Plaru'iing and Zoning Director Scott Claerhout (electronic) Erin O'Kelley, Planner (electronic) Fred Healey (absent) Samah Safiullah, Planner (electronic) Victoria Reid (electronic) Naba Faizi, Plaru'iing Peri'nit Tech (electronic) Skye Sieber (electronic) Kurt Hansen, Legislative Policy Director Tom Stephens (arrived at 5:32 p.m.) Ian Wright (excused) Attendees: Jamie Griffith (electronic) and April CP Baer (electronic) REGULAR MEETING - 5:00 p.m. TIME COMMENCED: 5:13 p.m. Chair LaMar called the meeting to order and read a statement explaining the duties of the Planning Coinmission. 1. Business Meeting 1.1 Appointment of Chair and Vice Chair for 2021 Francis Lilly said the Planning Cornrnission Rules of Procedure stated that the Commission needed to nominate a Chair and Vice Chair for the year. Commissioner Allen moved to nominate Shawn LaMar as Chair. Commissioner Sieber seconded. Chair LaMar caned for the vote. All Commissioners present voted yes. Commissioner Stephens was not present. The motion passed unanimously. Commissioner Claerhout moved to nominate Victoria Reid as Vice Chair. Commissioner Allen seconded. Chair LaMar called for the vote. All Commissioners present voted yes. Commissioner Stephens was not present. The motion passed unanimously. Millcreek Planning Commission Meeting Minutes 20 January 2021 Page 2 of 9 2. Public Hearings 2.1 Consideration of CU-20-008, Conditional Use Permit for a Tattoo Gallery in the RM Zone Location: 715 E. 3900 S. Applicant: Mitch Baer Planner: Samah Safiullah & Naba Faizi Samah Safiullah said the applicant was seeking approval on a tattoo gallery in the R-M zone. This was within the Plaza at 39th Condominiums Homeowners Association, a commercial development. The current use was an office space. This would be a private tattoo gallery and studio by appointment only, and it would be posted as such for the public in visible areas. The business would be open from Tuesday to Sunday and signage would be located inside the business but visible through windows in the front. The general area has a mixture of a variety of uses and zonings including R-M, R-2, C-I and C-2. The gallery would have one employee and one assistant. The unit is 1,250 square feet and includes 5 parking spaces (4 per 1,000 square feet). There are no designated parking spaces. She showed the Commission the site plan and stated that a stairwell would be used for access to the business. She showed the Commission the floor plan and signs to be used. This conditional use permit would fall under Millcreek Code Chapter 19.44.20 Pernnitted and Conditional Uses as "instruction studios for art, dance, etc." and "personal care, hair care, etc." as a "conditional use." Conditional uses are regulated under Chapter 19.84 of the Millcreek Code. She said all conditional uses are presumed to be compatible in the zone and compatible with the intent of the General Plan. At their regular meeting on January 5th, 2021, the Millcreek Community Council voted to recommend approval of the requested conditional use permit subject to the conditions recommended by staff. There were concerns about the specific definition which the conditional use was categorized under and the disposal of waste. Staff recornrnended preliminary approval of the permit subject to the following conditions: 1. Applicant must receive a valid businesslicense in accordance with requirements ofMillcreek. 2. Signage must be in accordance with Chapter 19.82 of the Millcreek Code. Any signs that require a building permit must be a separate application through the MillcreekBuildingDepartment with a review from the PlanningDepartment. 3. Parkingfor the businessmust beprovided minimum of what's required by code. 4 per 1000 SF as determined by the property owner. Parkirxg must meet the requirements of Chapter 19.80. 4. Customers must engage with business on an appointment basis only. 5. ff at any point the applicant would like to iricrease the number of employees or intensity of use by allowing walk-ins, the application must be re-reviewed by Plartning Commission and Community Council. 6. Business mustfollow all SaltLake CourLy Health Department requirements. Chair LaMar asked about clarification for condition 5. Safiullah said the motivation behind the requirement was the customers would be on an appointment only basis, so it would need to be reconsidered if they allowed walk-ins. April Baer, applicant's mother, said Mitch Baer already had a contract with a company for the needle disposal. She said his studio was by appointment only, no walk-ins would be allowed. Chair LaMar opened the public hearing. There was no public comment. Chair LaMar closed the public hearing. Mnlcreek Planning Commission Meeting Minutes 20 January 2021 Page 3 of 9 Chair LaMar said he appreciated the fifth condition but did not see a need for it unless there was a parking issue. Commissioner Claerhout agreed and felt it was an unnecessary hinderance. Commissioner Alien agreed and said if there was a change, staff could just review it. Commissioner Allen moved for preliminary approval of conditional use permit CU-20-008 for a tattoo gallery in the RM Zone with staff's conditions except on condition 5, we would change that it must be reviewed by planning staff instead of being reviewed by Planning Commission and community council. Commissioner Claerhout seconded. Chair LaMar called for the vote. All Commissioners present voted yes. The motion passed unanimously. 2.2 Consideration of ZM-20-011, Rezone from R-2-10 to R-1-21 to Allow Horses Location: 1411 E. Elm Leaf Cove Applicant: Jamie & Bryan Griffith Planner: Erin O'Kelley Erin O'Kelley said the applicant was requesting to rezone property located at 1411 E. Elm Leaf Cove from R-2-10 to R-1-21 for the purpose of allowing horses on the property in compliance with requirements in the R-1-21 Zone. The existing lot has one single-family house with a detached garage located in the R-2-10 zone. The minimum area requirement for a lot in the R-1-21 zone is 21,780 square feet. The applicant would like to use a portion of their lot to store horses for personal use. This property is located at the end of a private lane and does not have any other access. The neighborhood to the south is a single-family residential subdivision in the R-1-10 zone. Other properties located on the private lane are in the R-2-10 zone but are mostly occupied by single-family houses. To the east is a large field owned by the retirement home northeast of the subject property. All properties involved in this rezone are in the Neighborhood 2 Classification of the Future Land Use Map and it includes designations of a mix of housing types ranging from single-family to duplex, triplex, and townhomes. The rezone proposal does not contradict the Future Land Use Map as described in the General Plan. A neighborhood meeting was held virtually on December 17, 2020. Two property owners in the area attended the meeting and expressed their strong support for the rezone to be granted. Some comments were in support of the agiiculture use in the proposed location which also indicated the preventive nature of allowing the property to be subdivided for higher density. Residents believed this proposal would improve the property as well as the neighborhood. Three residents have reached out to staff offering support for the proposed rezone. One neighbor was concerned about the smell and upkeep of the horses on the property. At their meeting on January 5, 2020, the Millcreek Community Council recorni'nended the rezone be approved with no additional conditions. Staff did not recommend a development agreement. O'Kelley reviewed a staff analysis which indicated reliance on Salt Lake County Health Department for tlie following regulation enforcement: nuisance abatement for fly control and stagnant water, rat and rodent control, and water source protection. Millcreek would regulate the building of accessory structures for horses, fencing, and lot area requirements allowed by code. Other areas for regulation consideration could be exercise of the horse, manure maintenance and disposal, stormwater runoff, area requirements, horse shelter requirements, fencing, feeding, and a natural buffer. O'Kelley said other cities have animal service requirements, but not design requirements for stables. Staff recommended approval of the rezone request with no additional conditions or development agreement. Millcreek Planning Commission Meeting Minutes 20 January 2021 Page 4 of 9 Commissioner Sieber asked about the maximum number of horses that could be on the property. O'Kelley said four. Commissioner Allen asked if there were manure or smell regulations. O'Kelley said it would be on a complaint basis through Millcreek Code Enforcement then a referral to the County Health Department. Commissioner Stephens asked if Millcreek Planning attended the neighborhood meeting. O'Kelley said she was in attendance. Commissioner Reid said manure management was a huge issue in other cities where she previously served on the Plaru'iing Commission. She expressed concern for storm water management because of the slopes on the property with relation to manure. O'Kelley said a zone condition could be put on the property limiting the number of horses and any other conditions would have to be in a development agreement. Commissioner Allen recornrnended a general condition that manure does not become a nuisance for adjacent property owners. Applicant Jamie Griffith said there were no residences to the east and north of the property. The property was close to 1.5 acres. Horses would be housed on the lower elevation and a riding arena on the upper portion. He brought up that he may breed horses and have no more than three on the property. He has a dump trailer to haul out manure. Commissioner Reid asked if the applicant was comfortable removing the manure weekly. Griffith said he would be okay with removing it every two weeks. Commissioner Allen brought up that the applicant may compost it on site. O'Kelley said zone conditions have to be based on density, square footage, or height of structure and manure would not be able to be regulated. She asked the City Attorney if the perinitted uses allowed in the zone could be modified. John Brems said the code says no more than four horses were permitted. Chair LaMar opened the public hearing. There was no public comment. Chair LaMar closed the public hearing. Francis Lilly read from Millcreek code 19.090.060, "In order to provide more specific land use designations and land development suitability; to insure that proposed development is compatible with surrounding neighborhoods; and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following: Uses; Dwelling unit density; Building square footage; Height of structures." He said horses were a Iand use, but manure was not in the context of a zone condition. He said the Commission could limit the number of horses in a zone condition rather than require a manure management plan since the code did not contemplate it. He did not think horses were considered a development for a development agreement to be used. Commissioner Allen suggested adding a general code provision for all animal waste to be managed so that it did not become a nuisance. Commissioner Stephens said neighbors' complaints about a manure nuisance could go on for years, so he suggested limiting the number of horses. Commissioner Allen said the ordinance allowed for four horses and the Commission should not micromanage the property. Commissioner Sieber agreed with the number of horses allowed by code and said that manure should be managed so that it did not become a nuisance. Commissioner Reid said there should be a manure management ordinance in the future and suggested limiting the number of horses to three Mfflcreek Planning Commission Meeting Minutes 20 January 2021 Page 5 of 9 since the applicant did not have the intent to have four. Commissioner Stephens said the Cornrnission could recoinmend a manure management plan as a condition of the rezone to the City Council. Corni'nissioner Claerhout was in favor of limiting the number of horses to three. Commissioner Alien said limiting the number of horses outside of what the code allowed was not something the Commission had expertise on. Coi'nmissioner Stephens asked if the desire to have horses was a good enough reason to allow a rezone. Commissioner Allen said it was a good reason. Lilly said there was equestrian property in the city and staff did not think the concept was out of character for the neighborhood. He mentioned that development would be difficult in that location so an equestrian use would be more appropriate. Lilly read from code 19.76.240, "No animals or fowl shall be kept or maintained closer than forty feet from any dwelling on an adjacent parcel of land..." Lilly said if the applicant consented to an agreement, staff could work something out if that was the Commission's desire. Commissioner Reid asked if the fence on the upper portion of the property was forty feet away from the nearest dwelling. Griffith said the arena was not that far, but that was not where the horses would be maintained. He pointed out that manure had been on his property in the past without neighborhood complaint and that another equestrian area was near his property that had piles of manure on it. Commissioner Allen moved to recommend rezone ZM-20-011 be approved with no additional conditions. Commissioner Sieber seconded. Commissioner Allen said the City should look at adding manure management to the code. Chair LaMar called for the vote. Commissioners Allen, Sieber, Claerhout, and LaMar voted yes. Commissioners Reid and Stephens voted no. The motion passed. 2.3 Consideration of ZT-20-008, Amendments to Millcreek Code Chapters 19.04, 19.44, and 19.78 Pertaining to Multifamny Residential Standards and Planned Unit Developments (PUD) Planner: Francis Lffly Francis Lilly said the amendments were intended to improve outcomes of mixed-use buildings which were based on prior applications and what the Commission had brought up in the past. The RM Zone code could be difficult to interpret and enforce. The changes were relatively minor. The PUD code was written when the County was the land use authority, so there was conflicting and outdated information. The Canyon Rim Citizens Association did not meet in January or offer a recommendation on the changes, but the other community councils recommended approval. Lilly reviewed the uses in code 19.44.020, the bulk and yard regulations table in 19.44.030, and the materials and fagade requirements in 19.44.050 with the current standard, proposed standard, and rationale for the amendments. The first amendment was allowing office uses and medical facilities of any size as well as allowing neighborhood service uses. Lilly said the key information in the bulk and yard regulations table was in the footnotes, so it was moved into the table. He explained the new table which described minimum lot area, maximum building height, minimum building height, maximum lot coverage, minimum interior side yard, and minimum yard depth between buildings. In code section 19.44.050, amendments were made to open space, interior driveways, parking and vehicular access, rooftop gardens, and the application process. Commissioner LaMar asked if lot coverage included the driveway. Lilly said driveways were not considered in open space or lot coverage. Coinmissioner Stephens asked about the articulation of sides of buildings fronting on streets. Lilly read the section on building materials in 19.44.050(5). Millcreek Planning Commission Meeting Minutes 20 January 2021 Page 6 of 9 Commissioner Stephens asked about a minimum window size. Chair LaMar read number 29 of the same section, "windows shall comprise at least 25 percent of any street-facing fagade." Chair LaMar asked about the 20-foot setback on corner side yards for accessory buildings. Lilly said it was the same standard for single-family zoning, to maintain a clear view. Commissioner Stephens brought up the minimum setbacks for ground floors but the additional stories encroaching on the setback. Lilly said code allowed for an architectural penetration of up to 3-feet in an exception standard. He said staff had not seen it as an aesthetic problem. Commissioner Allen commended Lilly on his effort on the code amendments. Cominissioner Reid suggested that when developers put a fence across the front, that it could be iron with the columns. Chair LaMar suggested allowing four feet instead of three feet for balcony or patio opaque fencing and not allowing unfinished concrete on buildings visible from the street. Lilly said he had seen good applications of it. Chair LaMar suggested adding a definition of finished concrete. He suggested adding a minimum height to garages so it was unobstructed. He also brought up adjusting the height language for steeples, chimneys, etc. since there were inconsistencies in the code. Lilly read code 19.44.070B, "...In the event there is language elsewhere in the Millcreek Code that conflicts with language in this chapter, the standards or guidance in this chapter prevail." Chair LaMar brought up allowing less than 40 percent of open space. Lilly said he thought more open space was better, especially to reduce the friction between the RM zone and surrounding zones and lower intensity uses, and it allowed for the required amenities. Chair LaMar said he would email other suggested code changes to Lilly. Lilly then went over the PUD code amendments and rationale in code section 19.78.020 with area and applicability requirements, interior streets, parking, street trees, density bonus, height, perimeter setback, residential amenities, and mixed use. He said there were conflicts in which code applied when it competed with the zone, so the more restrictive standard would apply. In the amendment, development would generally need to be on 3 acres unless it was on a 60-foot right-of-way, had at least 150 feet of frontage, and had at least 8 units. There would need to be a 25-foot minimum of driveable surface. The code amendment would take out parking standards because it was in other areas of code, wouId add street tree standards, and remove the density bonus. Building heights would conform to the underlying zone or a maximum of 28 feet. The perimeter setback would be minimum of 15 feet unless the underlying zone required more. Residential amenities would be consistent with other areas of code with a table added. The default for design standards would be from the underlying zone for mixed uses. Lilly asked for a continuation of the application to allow for the Commissions' feedback. ChairLaMar operxed the public hearing. There was no public comment. Chair LaMar closed the public hearing. Commissioner Claerhout liked the proposal. Commissioner Reid liked that landscape plan proposals would be presented to the Commission. Commissioner Allen said the code amendments presented was good progress. Millcreek Planning Commission Meeting Minutes 20 January 2021 Page 7 of 9 Commissioner Alien moved to continue this matter to the February meeting. Commissioner Claerhout seconded. Chair LaMar called for the vote. All Commissioners present voted yes. The motion passed unanimously. 1. Business Meeting Continued 1.2 Approval of November 18, 2020 Regular Meeting Minutes Elyse Sullivan said the sentence, "Chair LaMar opened the public hearing" would need to be removed from section 1.3 since the hearing was not held then but at the subsequent meeting. Commissioner Reid moved to approve the minutes with the change regarding the public hearing. Commissioner Allen seconded. Chair LaMar called for the vote. Commissioners Reid, Allen, Sieber, Stephens, and LaMar voted yes. Commissioner Claerhout abstained. The motion passed. 1.3 Updates from the Planning and Zoning Director Francis Lilly said Mike Winder, Economic Development Director, was promoted to Assistant City Manager at Millcreek. He said the following month Blaine Gehring, Legislative Policy Analyst, would bring a historic preservation ordinance before the Commission. 1.4 Accessory Dwelling Unit Progress Report Erin O'Kelley said in the past month she had received input from the community councils, Corni'nission, and City Council on the ADU draft ordinance, so she anticipated a new draft would be presented at the Commissions' next meeting. She reviewed the considerations made by the Commission and staff since December 2020 below and asked for additional feedback. Those considerations were: * Over-night on-street parking should be flatly prohibited. * Rear yard setback for detached or attached ADUs should be 15 feet. * If 8-foot rear-yard setbacks are required, ADUs should be a conditional use permit. @ Detached ADUs should be conditional uses. * Noticing for objections to detached ADU. * Design requirements for detached ADUs #6 in draft was concerning. @ At least 10-foot rear yard setback. * Language for when rear yard borders the side yard of an adjacent lot. * Control for density of ADUs. * Add language clarifying illegal ADUs must be approved by the City within time after adoption. * Age of principal house. * Fees - capped at 35% of a typical single-family building permit. * Perimeter fencing condition removed or only require side and rear and not front. * Design, "fagade" language could be clearer. * Additional entrances facing a public street. * Questions regarding allowing I story with height up to 18 feet. * Vacation of an illegal ADU be "immediately vacated" or within 1 year. * Slope and topography modifications. * Entrances on side yard (from Mt Olympus Community Council). * Parking and covered parking. * Converting nonconforming structures into an ADU. * Recorded Notice. Millcreek Planning Commission Meeting Minutes 20 January 2021 Page 8 of 9 * ADUs being a conditional use versus a permitted use * Application process. @ Change of Ownership. * Termination. O'Kelley asked the Comi'nission about the detached ADU rear yard setback. Coinmissioner Stephens was in favor of it being 15 feet. Coinmissioner Allen asked about existing garages. O'Kelley said they could be converted into an ADU, but the standard for a setback would be based on the height of the structure. Commissioner Reid asked about building a second story on a garage. O'Kelley said it was allowed, subject to the Residential Compatibility Overlay Zone (RCOZ). Commissioner Stephens asked about enclosed garages and vehicle parking with single-family dwellings. He wondered about displaced vehicles for converted ADUs. O'Kelley said the standard was two parking spaces, one covered. Chair LaMar asked about setbacks on new detached garage and adding a second level ADU. O'Kelley said there would be some language added for any new garages built after the ordinance was adopted. Commissioner Allen was in favor of the 8- or 10-foot setback standard. Commissioner Sieber said she was in favor of 10 feet. O'Kelley said the standard was to add a foot to the setback for every foot over 14 feet in height of the structure. Con'irnissioner Reid expressed concern about privacy for the neighbors and suggested starting with a 10-foot setback. Commissioner Claerhout was in favor of the 10-15-foot range. O'Kelley asked if detached ADUs should go through the conditional use permit process. Chair LaMar said there were variables with detached ADUs, so they should be conditional uses until the Commission and city staff became more familiar with the applications and that attached ADUs could be permitted. Commissioner Stephens said all ADUs should be a permitted use with the ordinance being precise. Commissioner Reid said permitted uses would be easier for applicants. Corninissioner Allen said he could go either way. Cornrnissioner Claerhout suggested conditional uses to begin with. Commissioner Sieber did not want to over complicate the process. Commissioner Stephens pointed out that the conditional use process would not change the standards unless the Planning Commission was afforded discretion with requirements. O'Kelley pointed out that a conditional use would take more time and cost more for applicants. She woutd do research on a hybrid conditional use option. O'Kelley went over the proposed mitigating design standards for detached ADUs, three of which would be required. A. Windows are translucent. B. Windows are not directly facirtg a side or rear property line, but rather facing the interior of the lot. C. Openparlcing for the ADUis not located within 8feet of a side or rear property line. D. Parkingfor theADUis located within an enclosedgarage. E. Trees or other landscaping is installed to provide screeningfor areas of activity for the ADU that may irrclude parking, driveways, entrances, and windows (if not translucent). Screening is only required when viewedfrom an adjacent property. Theperimeter fence requirement may be used to screen parking, driveways, and entrances in the case where the entrance is on the ground floor. F. Exterior stairwells for the ADUare frtcirig the interior of the lot. G. The ADUis one story with a maximum height less than 18 feet. Millcreek Planning Commission Meeting Minutes 20 January 2021 Page 9 of 9 Commissioner Stephens felt that more than three of the standards should be required. Chair LaMar did not feel that all of the standards were of equal weight and each case needed to be viewed differently. Commissioner Reid said parking would need to be considered. Commissioner Sieber pointed out that vegetation did not provide an immediate mitigative effect. Chair LaMar said the Commission would give the list more thought. O'Kelley brought up control for density of ADUs. Chair LaMar suggested a certain number of permits issued per district or within a close proximity to another. Commissioner Reid said the density should be limited for detached ADUs. O'Kelley said it would be a consideration if the conditional use permit process was used. Chair LaMar said he asked in an email to O'Kelley if a principal house and ADU could be built at the same time or if there should be a time restraint for building the ADU after the principal house was built. He did see a problem with either. He said he had also brought up fees or fee reductions in that email. O'Kelley said planning fees would be relatively cheap for the applicant, but the building fees worild be dependent on size of the structure. Fees for a conditional use pennit would be more expensive. O'Kelley asked about fencing. Chair LaMar said he felt that a fence could be limited to the rear yard. Commissioner Sieber asked if fencing could be a mitigation design requirement. Commissioner Allen pointed out that requiring fencing could be problematic for landscaping. Chair LaMar said the neighbors could agree to not have a fence and that should be allowed. O'Kelley said the Mt. Olympus Community Council asked about the second entrance requirement. She said if neighbors could not see the entrance, it would be less of an impact. She said she would adjust the language on entrances. O'Kelley brought up height requirements to incentivize one story with detached ADUs. She said she would send out the next draft ordinance as soon as it was ready. 3. Calendar of Upcoming Meetings * City Council Mtg., 1/25/21, 5:00 p.m. at City Hall * Mt. Olympus Comi'nunity Council Mtg., 2/2/21, 6:00 p.m. TBD * Millcreek Community Council Mtg., 2/2/21, 6:30 p.m. TBD * Canyon Rim Citizens Association Mtg., 2/3/21, 7:00 p.m. TBD @ East Mill Creek Community Council Mtg., 2/4/21, 6:30 p.m. TBD * City Council Mtg., 2/8/21, 5:00 p.m. at City Hall @ Planning Comt'nission Mtg., 2/1 7/21, 5:00 p.m. at City Hall ADJOURNED: Commissioner Reid moved to adjourn the meeting at 8:48 p.m. Commissioner Stephens seconded. Chair LaMar called for the vote. All Commissioners Shawn LaMar. Chair Attest: Elyse/Sffllfvan, City Recorder