Planning Commission

10000 Centennial Parkway Sandy City, Utah Sandy, UT 84070 Phone: 801-568-7256 Meeting Minutes Planning Commission Joe Baker Dave Bromley Monica Collard Ron Mortimer Cyndi Sharkey Cory Shupe Jamie Tsandes Michael Christopherson (Alternate) Jeff Lovell (Alternate) Thursday, July 19, 2018 6:15 PM Council Chambers 4:30 PM FIELD TRIP 1. 18-272 Field Trip for July 19, 2018 Planning Commission meeting. 5:15 PM EXECUTIVE SESSION Discussion regarding Short Term Rentals 2. 18-259 Vote for Chair and Vice Chair Ron Mortiemer was voted Chair and Cory Shupe was voted Vice Chair. 6:15 PM REGULAR SESSION Roll Call Staff: James Sorensen, Community Development Director; Jared Gerber, Assistant Community Development Director; Brian McCuistion, Planning Director; Mike Wilcox, Zoning Administrator; Darien Alcorn, Sr. City Attorney; Britney Ward, Transportation Engineer; Dustin Fratto, City Council Analyst; Matt Huish, CAO; Raima Fleming, Planning Secretary Present 8- Commissioner Joe Baker Commissioner Dave Bromley Commissioner Monica Collard Commissioner Cyndi Sharkey Commissioner Jamie Tsandes Commissioner Michael Christopherson Commissioner Cory Shupe Commissioner Ron Mortimer Absent 1- Commissioner Jeff Lovell Welcome Sandy City, Utah Page 1 Printed on 8/6/2018 Planning Commission Meeting Minutes July 19, 2018 Pledge of Allegiance Introductions Public Hearings 3. SUB-07-17-5 Miles Olsen Subdivision (Preliminary Review) 285 8860 S. 220 E. Historic Sandy, Community #4 Mike Wilcox introduced this item to the Planning Commission. Miles Olsen, owner, stated he would like to bring his property into compliance with zoning. Bryce Dallimore, Applicant, gave an overview of the proposed item. Commissioner Joe Baker stated he is concerned with the application of the overlay. He asked what the code is for the Historic Sandy Development Overlay. Brian McCuistion stated using the overlay zone, the minimum lot size could be 5,000 Sq. Ft. Commissioner Joe Baker, the applicant, and staff had discussion on the lot size and special exceptions. The Chair opened and closed this item to public comment and there was none. A motion was made by Dave Bromley, seconded by Cory Shupe, that the Planning Commission determine that preliminary review is complete for the Miles Olsen Subdivision, and approve the use of the Historic Sandy Development Overlay Zone, located at 8860 South 220 East, based on the following two findings and subject to the one condition listed in the staff report. The motion carried by the following vote: Yes: 6- Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer No: 1- Joe Baker Absent: 1- Jeff Lovell 4. CODE-06-18 Alcohol and Tobacco Specialty Store Update - Amend Title 15A, Chapter -5446 8, Permitted Land Use Matrix by the Commercial, Office, Industrial, Mixed Use, Transit Corridor, and Research and Development Districts, & Chapter 37, Definitions, Revised Ordinances of Sandy City, 2008 Mike Wilcox presented this item to the Planning Commission. The Chair opened this item to public comment and there was none. Sandy City, Utah Page 2 Printed on 8/6/2018 Planning Commission Meeting Minutes July 19, 2018 Commissioner Cyndi Sharky pointed out wording and grammar errors. A motion was made by Cyndi Sharkey, seconded by Ron Mortimer, that the Planning Commission forward a positive recommendation to the City Council to adopt the proposed ordinance amendment as shown in Exhibit "A", for the two reasons listed in the staff report. The motion carried by the following vote: Yes: 7- Joe Baker Dave Bromley Monica Collard Cyndi Sharkey Jamie Tsandes Cory Shupe Ron Mortimer Absent: 1- Jeff Lovell 5. CODE-06-18 Residential Short Term Rentals (STRs) - Amend Title 15A, Chapter 11, -5441 Special Uses, Chapters 7, 8, 9, & 10, Permitted Land Use Matrices for Residential, Commercial, Office, Industrial, Mixed Use, Transit Corridor, Research and Development, Institutional Care, and Open Space Districts, & Chapter 37, Definitions, Land Development Code, Revised Ordinances of Sandy City, 2008 Dave Bromley recued himself. Michael Christopherson sat in for him. Mike Wilcox presented this item to the Planning Commission. He stated the proposed amendment would replace previous regulation adopted in 1998. He believes there are roughly 300 short term rentals operating in Sandy currently. This proposed ordinance would help address the fact that there are short term rentals operation in Sandy which could be permitted and regulated. It would also propose a new administrative enforcement mechanism which involves a fines rather than civil court. Commissioner Monica Collard asked Mike Wilcox to give an explanation as to why this item is being proposed. Mike Wilcox stated this item came at the direction of the City Council but staff is also recommending approval. The city currently doesn't allow short term rentals. Inspite of that, there are about 300 that is currently operation in Sandy City. This ordinance would give the city the tools to manage those more effectively. Dustin Fratto, City Council Office, gave an overview of how this code revision came about. The Chair opened this item to public comment. Chelsea Cruse stated she is not in opposition of this item but she does not agree with the short term rentals needing to have a business license. She is concerned about the cost of a business license. Brook Disuza, stated she agrees with Chelsea Cruse. She feels like the purpose of this ordinance would be to satisfy the legislative requirements instead of making a way for the community to utilize it effectively. Michael Tingy stated this is a property rights issue. He also stated this is a major issue. Sandy City, Utah Page 3 Printed on 8/6/2018 Planning Commission Meeting Minutes July 19, 2018 He feels a notice should be given to homes located near or around a short term rental so the neighbors would know whom to call with any issues. Ross & Lisa Lingua stated they currently run an Airbnb. They are concerned about the one permit for every 100 single - family dwellings. Pete Mathis stated he is neither for or against short term rentals. He asked if there would be online reviews for airbnb's located in Sandy. He also asked about restrictions. Anica Falconrath stated the vacation rental home on her street has decreased her property value. She is not in favor of the proposed ordinance. Bree Dubrie stated she is not in favor of short term rentals. Spencer Dubrie questioned how this law impacts institutional care and group homes throughout the Sandy City residential areas. Commissioner Monica Collard stated those homes fall under a different ordinance. Scott Kallen stated he is in opposition of this ordinance. He also stated this ordinance is not well written and this item should be postponed until the language in the proposed ordinance is corrected. Piera Aladalla stated she supports the proposed ordinance. She feels the property owner has the right to own an airbnb. Randon Draper stated he is in support of short term rentals. He believes it is the owners right. The Chair closed this item to public comment. The Planning Commission and staff had discussion about complaint calls, enforcement, and property rights. Commissioner Joe Baker stated he likes the proposed ordinance. He questioned why a homeowner would have to provide so many documents to show proof of ownership. The Planning Commission and staff had discussion on general standards and requirements and regulations. Commissioner Cory Shupe asked about noticing the neighbors. Mike Wilcox replied this would be an administrative review. We do not typically notify the public of administrative actions. Commissioner Joe Baker stated he is uncomfortable with one permit for every 100 single - family dwellings. He would much rather have an applicant make application according to a set criteria established. With owners rights, if the homeowner meets the criteria, they should have the right to have a short term rental. The Planning Commission and staff had discussion on one permit for every 100 single - family dwelling. A motion was made by Ron Mortimer, seconded by Cyndi Sharkey, that the Planning Commission forward a positive recommendation to the City Council to Sandy City, Utah Page 4 Printed on 8/6/2018 Planning Commission Meeting Minutes July 19, 2018 adopt the proposed ordinance amendments for the two reasons listed in the staff report with an amendment to: section C(3)(A&B) to not be so restrictive and section C(3)(B)(1-3) to use "or" statements and add a section to have a waiting list. The motion carried by the following vote: Yes: 7- Joe Baker Monica Collard Cyndi Sharkey Jamie Tsandes Michael Christopherson Cory Shupe Ron Mortimer Absent: 1- Jeff Lovell Recused: 1- Dave Bromley Administrative Business There was no Director's Report given. 6. 18-271 Minutes from the July 5, 2018 Planning Commission meeting. A motion was made bu Cory Shupe, seconded by Ron Mortimer, to approve the meeting minutes of July 5, 2018 Planning Commission meeting. The motion carried by the following votes: Yes: 7- Joe Baker Monica Collard Cyndi Sharkey Jamie Tsandes Michael Christopherson Cory Shupe Ron Mortimer Absent: 1- Jeff Lovell Recused: 1- Dave Bromley Sandy City Development Report Director's Report Adjournment Sandy City, Utah Page 5 Printed on 8/6/2018 Planning Commission Meeting Minutes July 19, 2018 Meeting Procedure 1. Staff Introduction 2. Developer/Project Applicant presentation 3. Staff Presentation 4. Open Public Comment (if item has been noticed to the public) 5. Close Public Comment 6. Planning Commission Deliberation 7. Planning Commission Motion In order to be considerate of everyone attending the meeting and to more closely follow the published agenda times, public comments will be limited to 2 minutes per person per item. A spokesperson who has been asked by a group to summarize their concerns will be allowed 5 minutes to speak. Comments which cannot be made within these time limits should be submitted in writing to the Community Development Department prior to noon the day before the scheduled meeting. Planning Commission applications may be tabled if: 1) Additional information is needed in order to take action on the item; OR 2) The Planning Commission feels there are unresolved issues that may need further attention before the Commission is ready to make a motion. No agenda item will begin after 11 pm without a unanimous vote of the Commission. The Commission may carry over agenda items, scheduled late in the evening and not heard, to the next regular scheduled meeting. In compliance with the Americans With Disabilities Act, reasonable accommodations for individuals with disabilities will be provided upon request. For assistance, or if you have any questions regarding the Planning Commission Agenda or any of the items, please call the Sandy City Planning Department at (801) 568-7256 Sandy City, Utah Page 6 Printed on 8/6/2018