Planning Commission

Minutes of the Millcreek Planning Commission November 20, 2024 5:00 p.m. Regular Meeting The Plaru'iing Commission of Millcreek, Utah, met in a regular public meeting on Wednesday, November 20, 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 cornrnent. PRESENT: Commissioners City Staff Shawn LaMar, Chair Elyse Sullivan, City Recorder Victoria Reid, Vice Chair (electronic, left at 5:30pm) Francis Lilly, Planning & Zoning Director Steven Anderson Jake Green, Development Review Specialist Christian Larsen Brad Sanderson, Current Planning Manager Nils Per Lofgren (excused) Sean Murray, Planner Jacob Richardson Diane Soule Dwayne Vance Ian Wright Attendees: Brooke Moore, Steve and Peggy Ayers, Christian, Marina Capella, Brandon Francom, Chris Zarek, Kreg Gillman REG[[,AR MEETING - 5:00 p.m. TIME COMMENCED - 5:02 p.m. Cliair LaMar called the meeting to order and read a statement describing the duties of the Planning Commission. The Cominission reordered the agenda to hear item 2.1, then 1.3, 1.2, and 1.1. 2. New Business 2.1 Consideration of SDA-24-005, Request to Amend the Park Place Minor Subdivision Location: 2131 E 3380 S Applicant: Steve Ayers Planner: Sean Murray Sean Murray said the applicant was looking to amend the subdivision boundaries to encompass their existing garage. The house is on a lot and the garage is on the parcel next to it. The amendment aims to aid in creating a legal accessory dwelling unit (ADU) on the property. He showed the commission the boundaries of the property, the original subdivision plat, and tlie proposed subdivision plat. The approval criteria in code section 18.03.160 outlines subdivision amendments, which the application had met. Murray said the Planning Commission looks at the approved criteria for substantial conformance to the originally approved subdivision. Staff recommended the cornrnission grant preliminary approval of the subdivision application. Millcreek Planning Commission Meeting Minutes 20 November 2024 Page 2 of 7 The applicant declined to comment. Chair LaMar asked if there were any public coi'ni'nents. There were none. Commissioner Soule moved that the Planning Commission grant preliminary approval of the subdivision amendment file SDA-24-005 as proposed by staff. Commissioner Larsen seconded, Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Reid voted yes, Commissioner Anderson voted yes, Commissioner Larsen voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, Commissioner Vance voted yes, and Commissioner Wright voted yes. The motion passed unanimously 1, Public Hearings 1.3 Consideration of CU-24-004, Request for a Conditional Use Permit to Allow a Concierge Medical Clinic Location: 3538 S Highland Drive Applicant: Marina Capella Planner: Brad Sanderson Brad Sanderson said the property is zoned R-M, which does allow medical offices through a conditional use pernnit. In 2018, tlie existing residential building on the property was converted into a commercial space. A similar use operated on the property previously but stopped in 2021. The parking lot contains 11 stalls including one handicapped stall. He showed the cominission an image of the existing property. The planned use would include two medical practices for Healing Arts Pediatrics and Bee Home Pediatrics. The operating hours would be Monday-Saturday from 9am-6pm with 4-7 employees and 3-6 patients visiting per hour. The Millcreek Coinmunity Council and East Mill Creek Cominunity Council both unanimously recommended approval of the conditional use permit. Staff recornrnended approval of the application based on the findings and conclusions in the staff report, subject to the following conditions: the use shall be limited to medical offices which are similar in nature and scale, prior to operation the parking lot shall be restriped and signed delineating each parking stall as directed by planning and engineering staff, and the user shall follow the operation plan specifically complying with the hours of operation and number of patients/employees as proposed. Commissioner Vance asked if walk-ins were allowed. Sanderson said it would primarily be by appointment, but they may allow some walk iris. If it became an issue, the pennit could be revisited. Coinrnissioner Vance asked if the conditional use permit would transfer to other businesses that may operate there. Sanderson said the same conditions would still apply. The condition runs with the land, not the business. Coinrnissioner Larsen asked if one ADA parking stall was sufficient for a medical office of this size. Sanderson confirmed. Chair LaMar asked about parking spaces per building square footage. Sanderson noted all of the building square footage may not be used for patients. He suggested that tandem parking for employees may be feasible. Marina Capella, applicant, said she recently purchased the building and would like to move her business there. Her business is currently in a leased building in Millcreek. She said the practice has a membership based model, so this allows for longer visits and more personalized care. They typically see one patient per hour. The physicians operate part time, three days a week, so all providers would not be there at the smne time. She provided high estimates on employees/patients to cover any worst case scenarios. Commissioner Soule Millcreek Planning Commission Meeting Minutes 20 November 2024 Page 3 of 7 asked if physicians do home visits. Capella said her colleague did, so that would further eliminate office occupation. Chair LaMar opened the public hearing. There were no comments. Chair LaMar closed the public hearing. Commissioner Larsen moved that the Planning Commission approve the conditional use permit application number CU-24-004, to allow a concierge medical clinic at 3538 South Highland Drive, subject to thc folloiiiH coprlitinnt: pr well as based on an the findings and conclusions as presented. 1. The use shall be limited to medical offices which are similar in nature and scale. 2. Prior to operation, the parking lot shall be restriped and signed, delineating each parking stall as directed by Planning and Engineering Staff. 3. The user shall follow the operation plan, specifically complying with the hours of operation and the number of patients/employees as proposed. Commissioner Vance seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Reid voted yes, Commissioner Anderson voted yes, Commissioner Larsen voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, Commissioner Vance voted yes, and Commissioner Wright voted yes. The motion passed unanimously 1.2 Consideration of ZM-24-013, Request to Rezone Eastern Portion of Property from R-2-10 Medium Density Residential Zone to the R-M Multi-Family Residential Zone Location: 1624 E 4500 S Applicant: Cheryl Meibos Planner: Brad Sanderson Brad Sanderson said most of the property was already zoned R-M, but the easterly portion was in the R-2-10 Zone. The purpose of the rezone was to get the entire property in the same zone. Sanderson highlighted the subject property on the zoning map. The business operating at this location, Oasis Ascent, was looking to attain a kind of medical status and needed the appropriate zoning to comply. The easterly portion only contains a parking lot and landscaping. He showed the commission the Future Land Use map. There was a neighborhood meeting for the application held on October 3, 2024, and no significant concerns were raised. The Millcreek Community Council unanimously recommended approval of the rezone at their meeting on November 5, 2024. Staff recorninended approval of the application based on the findings and conclusions in the staff report. Kreg Gillman, Executive Director of Oasis Ascent, said the existing business in the space is an intermediate secure care residential treatment facility for troubled youth, ages 12-18. They have been in business for about three years. The business would like to operate under a specialty hospital use in the future, so the rezone was needed to achieve that. The business would like to serve local adolescents and be able to bill third parties. Currently, the kids usually come from out of state and have been privately funded. The change would allow the business to be able to bill insurance. The length of stay would shorten to 7-14 days from 60- 90 days. This would be a more secure facility with more doctors and nurses. The usage would be very similar, they were not proposing any major structural changes. Millcreek Planning Commission Meeting Minutes 20 November 2024 Page 4 of 7 Chair LaMar opened the public hearing. There were no coinments. Chair LaMar closed the public hearirtg. Chair LaMar asked how the property cai'ne to be in two zones. Francis Lilly speculated that the prior hospice use was allowed in both the existing zones. Commissioner Vance moved that the Planning Commission recommend approval of application number ZM-24-013, changing the zone designation of the portion of property located at 1624 East from the R-2-10 to the R-M Zone, as presented. Commissioner Soule seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Larsen voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, Commissioner Vance voted yes, and Commissioner Wright voted yes. The motion passed unanimously 1.1 Consideration of ZM-24-012, Request to Rezone Property from R-I-10 Single Family Residential Zone to the R-1-5 Single Family Residential Zone Location: 815 E 4200 S Applicant: Jake Hone Planner: Brad Sanderson Brad Sanderson said the subject property currently had an existing home and accessory building structure on tlie southern portion of the property that faces 4200 S. The rezone is for the northern half of the property with the plan to combine it with the neighboiing property to the east to provide for a potential subdivision development. He showed an aerial image of the subject and surrounding properties, the zoning map showing existing R-1-5 zones in the vicinity, the Future Land Use map designating the area as low density family, and a proposed subdivision concept with five lots. The concept had a bulb road connecting to 4170 South and left the opportunity for Grand Cayman Drive to connect in the future. Staff recommended a recominendation for approval for the city council. Chair LaMar asked if the bulb in the proposed subdivision plan could accommodate a connection to Grand Cayman Drive. Sanderson said the bulb would be designed for the road to stub to the nortli and connect with Grand Cayman Drive and provide frontage for the proposed lots. Chair LaMar asked if the development agreement with the rezone could rescind the rezone if the subdivision did not take place, so the property was not left with two different zones. Lilly recommended making tlie effective date of the rezone be when a complete subdivision application is filed with the city. Brooke Moore, applicant, said there was intent to move into an immediate subdivision application. She said the surrounding neighbors were supportive of the proposal. Chair LaMar noted the Millcreek Community Council gave a unanimous recommendation for approval on November 5, 2024. ChairLaMar opened the public hearing. There were no comments. Mfflcreek Planning Commission Meeting Minutes 20 November 2024 Page 5 of 7 Chair LaMar closed the public hearing. Commissioner Vance was in favor of rezoning the entire lot, but felt the rezone could be contingent on the subdivision. Commissioner Larsen moved that the Planning Commission recommend approval of application number ZM-24-012, changing the zone designation of the portion of property located at 815 East 4200 South from the R-I-10 Zone to the R-1-5 Zone, with the additional y(i(iri7nmrinJ,,liuB that the effective date be listed as when the completed subdivision application is submitted, also based on the findings and conclusions as presented by staff. Commissioner Vance seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Larsen voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, Commissioner Vance voted yes, and Commissioner Wright voted yes. The motion passed unanimously. 3. Continued Business 3.1 Consideration of ZT-24-017, Request for a Zone Text Amendment to Modify the Millcreek Code of Ordinances Chapter 19.62A, Olympus Hills West -Village Special District (OHW-VSD) as it Pertains to Building Height, Setbacks, and Other Design Criteria Applicant: Chris Zarek Planner: Brad Sanderson Brad Sanderson said he presented the main items of the proposal at the commission's October meeting, but the item was continued. The zone only applies to the limited property along Wasatch Boulevard. When the zone was written, the Porsche dealership development was known but the development for the northern portion of the property was unknown. He said the zone was written broadly to provide baseline parameters, but now there was a proposal for the property. Items previously discussed were height and setbacks. Improvements with signage, landscaping, lighting, and elevations could be worked through in a subsequent application with a development agreement. Chris Zarek, Cowboy Partners, said the developers worked through a public process for visioning on the village center project. From that process, they came up with a signature restaurant on the corner of Wasatch Boulevard, office space to be used by Cowboy Partners, a residential cornrnunity with retail at ground level, and a village green space. Zarek showed and described the proposed site plan. He explained tl'iat employees would park in a below ground parking structure. There would be an at grade street providing parking and feeding into the parking structure. The vision was to create an open space that could be programmed. He said a main point of concern with the existing ordinance was the height allowed in the zone, measured from the northeast corner which is the lowest corner of the property. He said Cowboy Partners wanted a 13 foot retail ceiling height and 10 foot ceiling heights for the residential facility. He requested two additional feet (42 feet to 44 feet) allowed in the zone and to measure the height of the site from the soutlieast corner so as to be on the same level as the Porsche dealership. Another proposed code change was to reduce the front yard setback from 20 feet to 15 feet and the rear yard setback from 10 feet to 4 feet. The front yard setback change would allow two feet of articulation on the property and three feet of property dedication for the public pedestrian path. The rear yard setback would allow the parking structure to meet the retaining wall on the Porsche dealership site, and the additional six feet would allow for a more efficient parking layout. He also proposed edits on the rules around Millcreek Planning Commission Meeting Minutes 20 November 2024 Page 6 of 7 massing and facades with the coini'nercial and residential. He showed proposed building elevations to reflect proposed glass percentages Coinmissioner Soule asked about the future use of the I-215 ramp to the north and the grade change. Zarek said Cowboy Partners had a right of first refusal to buy the property after Unified Fire Autliority if the ramp gets vacated. He said there was about a 25-26 foot drop from the south side of the project to 3900 South. He envisioned green space between the properttes. Coinmissioner Soule asked for coordination of this project with the sidewalk and trails master planning currently taking place with the city. She asked if UDOT needed to provide perinission for tlie smaller setback next to I-215. Zarek did not think it was necessary. He then showed elevations higliligliting the property grades. Commissioner Richardson asked about the height difference between the southeast and northeast corner of the property. Zarek thought it was about 6-7 feet. The property would be built on an even plane and would not exceed the height of the Maceyos across the street. Chair LaMar asked about roof articulation. Zarek said the renderings currently showed a flat roof but if there was opportunity to do something dramatic, they would. Chair LaMar asked about a suinmary of sign changes. Zarek wanted to have flexibility with signs and would like to come up with a sign plan and propose a full sign package with the development agreement. Chair LaMar asked about the tree caliper change from 3 to 2 inches. Zarek said 2 inch trees are easier to source, per a landscape architect. Commissioner Wright asked about allowing additional height and roof articulation with the development agreement. Sanderson said height should be in a code text amendment but building elevations would be included in the development agreement. Zarek said he did not want to create a box. The roof could have a dramatic element or pitch. He said about 38 feet in height was needed for intei'nal spaces. The elevation showed a flat roof that had a plane extending out of the building. Chair LaMar asked about the development agreement since the zone needed was already in place (development agreements typically accompany rezone applications). Sanderson said there was already a development agreement with the Porsche dealership, so this could be a supplementary one. It would still follow the zone process with the public and have a legislative decision. The developer could articulate elements of the project in the development agreement. Sanderson said the Mt. Olympus Community Council and East Mill Creek Coinmunity Council were in favor of the proposed changes. Commissioner Soule said that residents in the area were looking forward to this property getting developed. Sanderson noted he received a call inquiring about the height change. Chair LaMar was not opposed to the anchor point change for height measurement. He said when the zone was created, a project was not being proposed. Commissioner Anderson asked if this project was the same height as the Porsche dealership. Lilly said the dealership was capped at 35 feet. Mfflcreek Planning Commission Meeting Minutes 20 November 2024 Page 7 of 7 Commissioner Soule moved that the Planning Commission recommend the City Council approve the text amendment, application number ZT-24-017, to make changes to the Olympus Hills West -Village Special District (OHW-VSD) based on the findings of the staff report. Commissioner Anderson seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Larsen voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, Commissioner Vance voted yes, and Commissioner Wright voted yes. The motion passed unanimously. 4. Commission Business 4.1 Approval of October 16, 2024 Regular Meeting Minutes Chair LaMar moved to approve the minutes as presented in the packet for October 16, 2024. Commissioner Larsen seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissinnpr T.srsen voted yes, Commissioner Richardson abstained, Commissioner Soule voted yes, Commissioner Vance voted yes, and Commissioner Wright voted yes. The motion passed. 4.2 Updates from the Planning and Zoning Director Francis Lilly said there would be open houses and public coinment for the comprehensive updated code in January. The commission would formally view it in February. Chair LaMar recoinmended training on objectivity from KUER. The commission expressed favor for one. 5. Calendar of Upcoming Meetings * City Council Mtg. 11/25/24 7:00 p.m. * Mt. Olympus Community Council Mtg., 12/2/24, 6:00 p.m. * Millcreek Coinrnunity Council Mtg., 12/3/24, 6:30 p.m. * Canyon Rim Citizens Association Mtg., 12/4/24, 6:30 p.m. * East Mill Creek Corni'nunity Council Mtg.,12/5/24, 7:00 p.m. * City Council Mtg. 12/9/24, 7:00 p.m. @ Historic Preservation Corni'nission Mtg., 12/12/24, 6:00 p.m. * City Council Mtg. 12/16/24, 7:00 p.m. * Planning Commission Mtg. 12/18/24, 5:00 p.m. ADJOURNED: Commissioner Larsen moved to adjourn the meeting at 6:43 p.m. Commissioner Soule seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Larsen voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, Commissioner Vance voted yes, and ShaFn . Chair