Planning Commission

Minutes of the Millcreek Planning Commission December 18, 2024 5:00 p.m. Regular Meeting The Planning Commission of Millcreek, Utah, met in a regular public meeting on Wednesday, December 18, 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 City Staff Shawn LaMar, Chair Elyse Sullivan, City Recorder Victoria Reid, Vice Chair (excused) Francis Lilly, Planning & Zoning Director Steven Anderson Jake Green, Development Review Specialist Christian Larsen (excused) Carlos Estudillo, Planner Nils Per Lofgren Kurt Hansen, Facilities Director Jacob Richardson Diane Soule Dwayne Vance Ian Wrigbt (left at 6:32pm) Attendees: Brandon Fry, Brandon Wixom, Dale Bennett, Judith C. Goff, Barbara Curtis, Chip Spencer REGULAR MEETING - 5:00 p.m. TIME COMMENCED - 5:05 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 CU-24-006 & SD-24-014, Request for a Conditional Use Permit and Major Subdivision to Accommodate a 5-Unit Residential Development Location: 4181 S 900 E Applicant: Brandon Wixom Planner: Carlos Estudillo Carolos Estudillo said the property was in the R-M Zone, recently rezoned from R-1-10. The application is for a subdivision and conditional use permit. The surrounding neighborhood consists of R-1-5, R-1-8, and R-I-10 zoning. Estudillo showed the commission images of the property, the proposed site plan with five units and four guest parking stalls, floor plans, building elevations, the landscaping plan, and the proposed plat. The proposal complies with the city code. He reviewed his conclusions from the staff report. The proposed development received approval by the City Council for a rezone in October 2024, from the R-1-10 (single- family residential) zone to the R-M (multifamily residential) zone, subject to a development agreement. The project meets the requirements of the R-M (residential-multifamily) zone. Millcreek Planning Commission Meeting Minutes 18 December 2024 Page 2 of 7 Staff does not recommend any further conditions of approval. The project is associated with and subject to a development agreement, for which its requirements have been met. The project is subject to further review and approval. The applicant is also submitting a subdivision plat to provide owner occupancy to the proposed units, which will undergo technical review, if approved by the Planning Commission. The Millcreek Community Council unanimously recommended approval of the application with the condition that all four visitor parking stalls be situated so that when all of the stalls are occupied, each car can exit unimpeded. Staff recommended approval of the application. Cliair LaMar asked if the eastern guest parking stalls could be a couple feet deeper to accoinrnodate larger vehicles. Estudillo said the parking stalls could be deeper if needed. Dale Bennett, applicant, said the proposed stalls are 18 feet long so a truck could park and still have plenty of room. He said there would be space for the vehicle to overhang the stall. Chair LaMar asked about the size of the garage. Bennett said they were larger than the required minimum in the code. Chair LaMar opened the public hearing. Chair LaMar acknowledged the cominission had received an email from Susan Coia expressing concerns which Francis Lilly replied to. Chair LaMar closed the public hearing. Commissioner Soule appreciated the applicant's willingness to change the proposal according to feedback through the rezone process. Commissioner Soule moved that the Planning Commission approve application file CU-24- 006 and SD-24-014, as presented. Commissioner Anderson seconded. Chair LaMar asked that the garage sizes be double checked. Estudillo said he would confirm garage size in technical review. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Lofgren 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-24-014, Request to Rezone from the R-1-8 (Residential Single Family) Zone to the R-M (Residential Multi-family) Zone to Accommodate a Residential Complex Consisting of 8 Apartment Units and 6 Townhome Units Location: 4317 S 700 E Applicant: Brandon Fry Planner: Carlos Estudillo Carlos Estudillo said this request seeks a zoning change for the property at 4317 South 700 East from the Rl-8 zone to the RM zone. The property is approximately one acre in size and is located along the 700 East corridor, a primarily residential area with surrounding single- family zoning, including Rl-8, Rl-5, and RM zones. The General Plan designates the parcel under two categories: Mixed Use I (for medium-density housing and commercial opportunities) and Neighborhood 1 (designated for low-density, single-family homes). Mfflcreek Planning Commission Meeting Minutes 18 December 2024 Page 3 of 7 Given its location, the land use transition from mixed use to neighborliood zones reflects an effort to buffer higher-density development along the corridor with lower-density residential areas. The applicant proposes a triplex design that integrates with the surrounding single- family homes through compatible massing, architecture, and setbacks. Although these units are multi-family, their design aims to blend with the single-family aesthetic of the neighborhood. However, due to the scale of the proposed triplex, some might perceive it as deviating from the character of the existing neighborhood. The zoning change aligns with the General Plan's goals of enhancing housing choice and variety in Millcreek. The plan encourages mixed-use corridors and diverse housing options to meet the needs of different demographic sectors. This development would add medium- density housing, including townhomes and condominium units, which are expected to be more affordable compared to the median housing prices in Millcreek. This addition would help address the demand for diverse housing types identified in the Millcreek Housing Study, which emphasized the need for affordable, varied housing options near job centers and transit. The proposed site plan includes a two-story condominium complex, with the first level featuring an ADA-compliant unit and parking, while the second floor consists of seven units. These units include a mix of one-bedroom, two-bedroom, and three-bedroom units, offering a range of housing options for different household needs. The applicant's design and zoning request aim to balance the development with the surrounding neighborhood, ensuring compatibility with existing residential character while providing new housing choices in Millcreek. The proposed development requires 14.25 parking stalls, and the applicant is providing 20 stalls, exceeding the required amount for this multi-family project. The design features a residential, single-family fagade for the eight-unit triplex, with parking accessed through a garage on 700 East. The rear of the building will have a separate manual entry. The proposed development, if approved, must comply with zoning standards and may require a development agreement to ensure adherence to design, materials, height, and other regulations. The maximum allowed height for the proposed buildings is 35 feet, but due to proximity to single-family homes, tl'ie height may be restricted to 30 feet, pending approval from the Unified Fire Autliority, The development will include 40% open space, although landscaping plans still need to be finalized. Additionally, six townhomes will be included, each with a two-car garage, meeting the parking requirement of two stalls per unit. Three guest parking stalls will also be provided, exceeding the required 1.5 stalls for the development. A 25-foot access road will lead into the garage from 700 East, with a turnaround area for delivery and moving trucks. The applicant intends for the townhomes to be owner-occupied for sale, and a development agreement will be required to ensure that the development meets all zoning and design requirements, including density, height, parking, setbacks, and maintenance. While the multi-family residential proposal aligns with the Mixed Use I designation on the west side of the property, it is not consistent with the Neighborhood 1 designation on the east side, which is intended for single-family, low-density homes. However, the multi-family use fits within the broader goals for mixed-use development in the area. The proposal complies with current parking and mobility standards, but additional consideration of zoning regulations is needed. The applicant held a neighborhood meeting in April 2024 to address Millcreek Planning Commission Meeting Minutes 18 December 2024 Page 4 of 7 concerns from local residents, who raised questions regarding the density, traffic, safety, and infrastructure impacts of the proposal, particularly on the 730 East side of the property. A development agreement will address these conceriis and ensure the proposal meets community needs. Estudillo showed the commission the proposed site plan with condos fronting 700 E and townhomes connecting to 730 E, floor plans and building elevations. Estudillo concluded a multifamily residential use would not be in hari'nony with the current land use designation because the General Plan designation for a portion of tl'iis lot (east-side) is under Neighborhood 1, which its primary intended use is to accoinrnodate single-family homes in low-density neighborhoods. A General Plan amendment will not be contemplated, as staff will analyze and possibly reconsider the current future land use map, within the entirety of the 700 E corridor, in a more holistic manner, later in 2025. A multifamily residential use would be in harmony with the land use designation of Mixed Use l identified in the west side of the property, abutting 700 E. Mixed Use 1 primary intended use is to accommodate infill and redevelopment of medium density residential and service-oriented uses near lower- intensity established residential neighborhoods. The proposal will meet the requirements set forth in Millcreek code 19.44, 19.77, and 19.80. A development agreement may be best in ensuring the type, scale, orientation, dedication, utility easements, access, phasing and other aspects pertaining to the future development of these properties, where the underlying zoning and land use ordinances may be insufficient. Therefore, a development agreement may be considered to ensure development design and layout of the property. Staff would like the plaru'iing commission to discuss the following potential development agreement items: uses, density and height, owner occupancy, setbacks, parking, architecture, right-of-way improvements, and site maintenance The Millcreek Community Council voted three in favor of a motion to not recommend a proposal made by planning staff to rezone the property to RM from R-1-8, and three against the motion. Those who voted to recommend denial and a revision of the current application, were concerned about "spot" zoning, inconsistency with the city master plan, density (14 residences vs about 4-5 with current zoning), rights of those who had recently purchased homes adjacent to the property with the understanding that the they are next to a property zoned R-1-8, and the fact that all current Millcreek neighbors present at the meeting were in opposition to the plan as presented. They wanted the wishes of the neighbors to be followed - do not change the zone. Those who voted against the recommended denial expressed the need for affordable housing which the proposed condos would provide and agreed that the proposed 700 East access to them would be the best. The community members present at the meeting were not in favor of changing the zoning. They preferred single family homes and wished for the property to remain residential. They were concerned with the lack of sidewalks in area, an e a ehicles on the narrow 730 East. The developer mentioned that the property would be developed one way or another. He mentioned that his daughter would like to buy a condominium so that she could have ownership, and that this development would provide that opportunity. Staff recommended a continuance of the application to allow the applicant and city to work on the creation and refinement of a development agreement while continuing to refine the proposed plans. Millcreek Planning Commission Meeting Minutes 18 December 2024 Page 5 of 7 Lilly said this project was interesting because the nature of the corridor was changing. The General Plan challenges this project. The applicant tried to address concerns raised by staff. Lilly felt there was room for refinement. The proposal was a reduction in density compared to other proposals for the property. Coinmissioner Richardson asked about waste receptables for the 8-plex. Estudillo showed a receptacle in the parking garage. Commissioner Richardson appreciated the units being available under the median value of homes in Millcreek. Brandon Fry, applicant, said there were over 50 people in attendance at the neighborhood meeting and only two at this meeting in opposition to the project. He said this was an opportunity to create diversity of housing. He noted there would be four times the number of required guest parking stalls in the condo building. The fire turnaround off 700 E was required and preliminarily approved by UDOT. He explained the placement of the dumpster. Fry discussed keeping the higher density close to 700 E so as to not create traffic for 730 E. The townhomes would have two car garages and two car driveways to provide guest parking for each unit to help eliminate parking on 730 E. Cominissioner Vance asked about the applicant's thoughts on a development agreement. Fry said he did not want to redo proposed designs and would stick with them [in a development agreement]. Chair LaMar asked how the garbage trucks would access the dumpster. Fry said the dumpster would be on wheels, so it would get moved out and dumped. Chair LaMar worried about the smell of the dumpster in the garage. Fry said he did not have any complaints from another building he owned with the same set up. Chair LaMar opened the public hearing. Barbara Curtis, 4277 S 730 E, said she had lived in the neighborhood for 30+ years. She said there were a lot of houses that used 700 E for ingress/egress. She said children do better when they live in neighborhoods and come from communities from her experience as an educator. The neighborhood has children, elderly, disabled, and lots of pets. She showed the commission images of 730 E and a playground. The street has no sidewalks, so everyone is in the street. She said the neighbors did not mind the townhouses, but proposed the new development have ingress/egress on 700 E and not connect to 730 E. She said people wanted to live in homes and not condominiums Judith Cheryl Goff, 4290 S 730 E, expressed concern for the project. She said the street was narrow and did not accommodate street parking, especially for emergency vehicles. There were already 14 houses on 730 E. There are no sidewalks or lights on the street. There are many children on the street. The larger area was single family homes. She expressed concern with street parking from condo and townhome residents. Estudillo read an email he received from Gina Alserda. "I'm responding to applicant Brandon Fry's request to build 8 apt. Units and 6 town homes in a lot located off 700E and 4317 So. We totally oppose this build. These units will be looking down on our back yards. Millcreek has already approved the building of all the condos squeezedin at the end of Rowiey Dr (our street) and 9th E. And increased traffic immensely! And wig( continue regardless ofsome "study"Not to mention the non stop semi trucks leaving mud and falling rocksfrom the trailers. Theproject ZM-24-014 will be right in our properties backyard." Mfflcreek Planning Commission Meeting Minutes 18 December 2024 Page 6 of 7 Erin Hardy submitted an online cominent via the city's website. "Iattended the Mil(creek Community Council meeting last week where this proposed zoning change was introduced. I am usually a proponent of new higher density development within reason and I appreciate the developer's creativity with this design but why couldn't there be art option for this land that included for example 2 single family homes and the separate 8 apartments instead of the proposed 8 apartments and 6 townhomes which is quite densefor the neighborhood. Also I do not believe the apartment buildirtg contained an elevator since the parking is on the ground floor. These8 apartments/condos could create wonderful purchasing opportunities for our younger Millcreek population but our aging population also needssmall apartments/condosto downsize into so that their existing homes can be sold for fitture homebuyers.Ifeel it would be neglecffil to allow these 8 apartments to be built without having them be accessible to all." Chair LaMar closed the public hearing. Chair LaMar asked about the height of the buildings. Fry said it is 30 feet to the soffit. The zone maximum is 35 feet. Estudillo said the continuance would allow for drafting a development agreement and add more detail in the plans. Lilly said he wanted to take dimension-able elevations to the city council with the development agreement. Commissioner Soule appreciated the condo building parking and access on 700 E. She noted the property to the south was duplexes, so there was already density in the area. She was worried about wasting the developer's time by continuing the application. Commissioner Lofgren said a development agreement was necessary for the property. Estudillo said a development agreement would be taken to the city council regardless of if the Cornu'nission viewed a drafted one. Commissioner Vance recommended a zone condition limiting the property to 14 units. He asked if there was desire to make the condo look like a house since the General Plan acknowledged that it was mixed-use. Estudillo was looking for the commission's opinion on wanting to see a final development agreement. Commissioner Vance questioned the timeline of planning commission and city council meetings in waiting for a development agreement. Comi'nissioner Wright liked the idea of a zone condition, was not concerned about traffic on 730 E, and appreciated the ingress/egress on 700 E. Chair LaMar said the R-1-5 zone would essentially allow 9 units. He did not think the additional 6 units on 730 E would create much traffic. He questioned the size of the garages and the ADA parking stall in the condo building. Lilly said there would be two ADA parking stalls, one dedicated to a unit. The commission discussed whether to continue the application to see a completed development agreement versus forwarding a recommendation to the city council subject to a zone condition and development agreement. Estudillo said materials, massing, -glassing percentages, existing grade to measure from, and right-of-way improvements would be addressed in the development agreement. Fry would like to move forward with the proposal and not revisit the planning commission. Commissioner Vance said it would be easier for the council to approve the project with the development agreement if it had been vetted first by the planning comtnission. Chair LaMar reopened the public hearing. Mmcreek Planning Commission Meeting Minutes 18 December 2024 Page 7 of 7 Chi'p Spencer, member of the Millcreek Cominunity Council, felt the neighborhood ought to be able to decide what they wanted. He said the developer had not yet purchased the property and rezoning the property on that premise was risky. Chair LaMar reclosed the public hearing. Commissioner Lofgren moved to continue application file ZM-24-014 to a later date, to allow the applicant and city staff to work on the creation and refinement of a development agreement, all while continuing further refinement to the proposed plans. Commissioner Vance seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Lofgren voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, and Commissioner Vance voted yes. The motion passed unanimously. 2. Commission Business 2.1 Approval of November 20, 2024 Regular Meeting Minutes Chair LaMar moved to approve the November 20, 2024 meeting minutes as presented m the packet. Commissioner Soule seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Lofgren voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, and Commissioner Vance voted yes. The motion passed. 2.2 Updates from the Planning and Zoning Director Francis Lilly said postcards on the comprehensive zoning ordinance would be mailed to every property owner in the city. He would review those code changes in the January commission meeting. Staff was updating the website on the code update and would provide summary sheets on every chapter. He announced upcoming events related to the code update. He thanked the coinrnission for their work and wished them happy holidays. 3. Calendar of Upcoming Meetings * East Mill Creek Community Council Mtg., 1/2/25, 7:00 p.m. * Mt. Olympus Cornrnunity Council Mtg., 1/6/25, 6:00 p.m. * Millcreek Cornrnunity Council Mtg., 1/7/25, 6:30 p.m. * Canyon Rim Citizens Association Mtg., 1/8/25, 6:30 p.m. * City Council Mtg. 1/13/25 7:00 p.m. ADJOURNED: Commissioner Vance moved to adjourn the meeting at 6:51 p.m. Commissioner Richardson seconded. Chair LaMar called for the vote. Chair LaMar voted yes, Commissioner Anderson voted yes, Commissioner Lofgren voted yes, Commissioner Richardson voted yes, Commissioner Soule voted yes, and Commissioner Vance voted yes. The motion passed. Shawn LaMar, Chair Date 'AS-lZozs- Attest: