Planning Commission Meeting

Chairman WEST BOUNTIFUL Mayor Kenneth Romney Alan Malan City Engineer/ Land PLANNING COMMISSION Vice Chairman Use Administrator 550 North 800 West Corey Sweat Kris Nilsen West Bountiful, Utah 84087 Community Commissioners Phone (801) 292-4486 Development Laura Mitchell FAX (801) 292-6355 Addison Jenkins Dennis Vest www.WBCity.org Robert Merrick City Council Tyler Payne Representative Dell Butterfield THE PLANNING COMMISSION WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, JULY 23, 2024 AT THE CITY OFFICES. Invocation/Thought – Commissioner Sweat Pledge of Allegiance – Commissioner Payne 1. Confirm Agenda 2. Public Hearing – Jeff Harwood Noncomplying Structure Addition Request 3. Conditional Use Permit Application – South Davis Sewer District Expansion 4. Approve Meeting Minutes from June 11, 2024 5. Staff Reports (Engineering, Community Development, City Recorder) 6. Adjourn ---------------------------------------------------- This agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), and provided to the Davis Journal on July 19, 2024, by Remington Whiting, City Recorder.  MEMORANDUM TO: Planning Commission DATE: July 23, 2024 FROM: Addison Jenkins RE: Noncomplying Structure Expansion Request _______________________________________________________________________________ INTRODUCTION Jeff Harwood has submitted a building permit application to enlarge a structure on his property at 1128 Millbridge Lane. Because his property is a corner lot, the structure is “noncomplying as to height regulations.” He is requesting that the planning commission permit an expansion as is allowed in WBC 17.56.030. OVERVIEW The house at 1128 Millbridge Lane was constructed in the year 2000 and sits on a 1.00-acre lot on the corner of Millbridge Lane and 1100 W. This corner lot fronts on to Millbridge Lane for roughly 300 feet making it very wide but shallow. In 2003, a 1,298 square foot barn was constructed in the side yard to the east of the house, which was permitted under West Bountiful City code at the time. In 2017, the city updated several portions of its zoning code including regulations about accessory structures in corner lot side yards for all residential zones. This code update only permits accessory structures up to 200 square feet in area and up to 9 feet in height in corner-lot side yards, making the existing 18 foot tall structure noncomplying as to yard and heigh regulations. Mr. Harwood has applied to expand his barn by building an addition that would extend another 54 feet east, roughly match the existing 36 foot depth, and be 14 feet tall. This is not permitted under the A-1 Yard and Height regulations. However, WBC 17.56.030 states that planning commission, after a public hearing, may issue a permit for the expansion of a structure noncomplying as to height, or yard regulations given that the commission finds the request meets certain criteria. The code also allows the planning commission to attach conditions to mitigate any detrimental effects of the requested change. STAFF RECCOMENDATION After reviewing Mr. Harwood’s building plans, the history of the property, and similar lots and accessory structures in the A-1 and R-1-22 zones, staff believes the request satisfies all three requirements: 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  1. The proposed change will not be inconsistent with the purposes of this title or the policies expressed in the city’s general plan; 2. The proposed change will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity of the nonconforming use or noncomplying structure; and 3. In the case of an addition to or enlargement of a building or structure which is noncomplying as to a yard setback, that the addition or enlargement will not encroach into the yard setback farther than the noncomplying structure encroaches into the same yard setback. Furthermore, due to the unique orientation of the lot and consistencies between the existing structure and proposed enlargement, staff does not believe any mitigating conditions are necessary. Staff recommends approval of Mr. Harwood’s request. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 July 15, 2024 Je Harwood 1128 Millbridge Lane West Bountiful, Utah 84087 To Planning Commission West Bountiful City 550 North 800 West West Bountiful, Utah 84087 Re: Enlarge a Structure Noncomplying as to Height and Yard Regulations Dear Planning Commission Members, The building I would like to enlarge is a barn, separate from my house, that is 36’ x 36’ x 18’ tall that was built, I think, in 2003. It is 165’ from 1100 West, 65’ from Millbridge Lane and 30’ from my neighbor to the north. The addition I would like to build onto the building is 34’ x 50’ x 14’ tall. I believe the proposed building, being 115’ from 1100 West, 58’ from Millbridge Lane and 31’ from my neighbor to the north, is not inconsistent with the intent of the A-1 Zoning Regulations. It is also my belief that it would not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. I would request your consideration of my proposal at a public hearing. Respectfully, Je Harwood 65' 30' 31' 58' 165' 115'  36' 50' 36' 34' EXISTING BUILDING ADDITION 14' EXISTING BUILDING ADDITION ADDITION EXISTING BUILDING EXISTING BUILDING ADDITION  MEMORANDUM TO: Planning Commission DATE: July 23, 2024 FROM: City Staff RE: Proposed Conditions for the South Davis Sewer District North Plant upgrade, located at 1800 W 1200 North _______________________________________________________________________________ The South Davis Sewer District has applied for a conditional use permit to upgrade, replace, and expand facilities and processes at their wastewater treatment facility that now includes 12.666 acres of land annexed into West Bountiful on April 16, 2024. The plant upgrade will also include a new admin building near the intersection of 1200 North and the frontage road, North Shoreland Drive. Background Primarily due to changes in the district’s discharge permit, the plant is required to upgrade several processes. In addition, some of the existing facilities have reached the end of their useful life and need to be replaced or upgraded. The SDSD is also proposing to relocate and expand their administrative building to allow better access for public meetings while restricting the public from the functional parts of the facility. There are two (2) single family residences within the site area that are owned by the SDSD and currently rented out to residents. The sewer district is in the process issuing bonds to fund the planned expansion and construction. The North Plant facility property is zoned as A-S, Agricultural Specialty, on which public uses are a Conditional Use. The Conditional Use ordinance, WBMC 17.60.040, requires the planning commission to consider the following: 1. The proposed use at the particular location is necessary or desirable to provide a service or facility that will contribute to the general well-being of the neighborhood and the community; 2. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; 3. The proposed use and/or accompanying improvements will not inordinately impact schools, utilities, and streets; 4. The proposed use will provide for appropriate buffering of uses and buildings, proper parking and traffic circulation, the use of building materials and landscaping which are in harmony with the area, and compatibility with adjoining uses; 5. The proposed use will comply with the regulations and conditions specified in the land use ordinance for such use; 6. The proposed use will conform to the intent of the city’s general plan; and 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  7. The conditions to be imposed in the conditional use permit will mitigate the reasonably anticipated detrimental effects of the proposed use and accomplish the purposes of this subsection. Conditional Use Permit Staff and planning commission have conducted multiple discussions about potential negative impacts from the plant expansion. The sewer district has been very responsive to staff’s requests for information and facilitated a collaborative approach to ensuring the district’s planned expansion does not negatively impact current and future residents of West Bountiful. Below are the draft recommended conditions for the commission to consider, alter, and approve. Staff recommends the developing conditions in these areas: 1. Dust, Sediment, Drainage a. SDSD and their Contractors must maintain a Storm Water Pollution Prevention Plan (SWPPP) and associated Best Management Practices (BMP’s) for the site during construction and post construction that address prevention and cleanup of dust and sediment control. b. SDSD must confirm in writing and maintain in place plans and protocols that prevent plant operations from negatively impacting surrounding soil and water. 2. Noise a. SDSD must demonstrate that their upgraded and expanded facility, once completed, will not create significantly more noise than the existing facility. 3. Buffering, Landscaping a. SDSD must submit a landscaping plan, subject to city approval, for the plant’s frontage on Shoreland Drive. The landscaping must create buffering and reduce the visual impact of the plant on persons residing, working, or recreating in the vicinity of Shoreland Drive. The landscaping should be substantial enough and in harmony with the wetlands, pond, and undeveloped natural areas that surround the plant so that residents and visitors to the area may enjoy the natural beauty of the area as unencumbered as possible. The landscaping plan must include plants and trees that will grow large enough to significantly obscure the plant from view, with preference for water-wise native trees and plants. Landscaping will also assist in reducing light pollution and dispersing odors produced by the plant expansion. This landscaping must mitigate the detrimental effects of the proposed expansion on the health, safety, and general welfare of persons residing, working, and recreating in the vicinity, and injuries to properties in the vicinity, particularly current and future homes in the adjacent A-1 zoned areas. 4. Lighting a. SDSD must submit a lighting plan, subject to city approval. Any new lighting on the property must incorporate “down-lighting,” or otherwise produce as minimal light pollution as possible for properties to the east. b. Because many past and current light pollution complaints have come from Canyon Pipeline’s operations on land the sewer district is not currently using, any future tenants on SDSD property must receive a Conditional Use Permit from the Planning Commission prior to commencing 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  operations. 5. Odors a. SDSD will reimburse the city to execute an Odor Study with Jacobs Engineering to assess baseline and projected future odors at the plant. The study will include an Odor Analysis and an Odor Study Technical Report and is anticipated to be concluded in 120 days. Jacobs Engineering will perform the scope on a time-and-materials basis in accordance with the Professional Services Agreement, subject to the contract between them and the city. Upon completion of the study, SDSD will enter into an agreement with the city that will provide enforcement options in the event of future odor issues. This Odor Study, Technical Report, and subsequent Agreement are intended to ensure that any detrimental effects of the proposed expansion on the health, safety, and general welfare of persons residing, working, or recreating in the vicinity, and injuries to properties in the vicinity, particularly current and future homes in the adjacent A-1 zoned areas, are mitigated. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  1 West Bountiful City June 11, 2024 Planning Commission Meeting PENDING – NOT APPROVED Posting of Agenda - The agenda for this meeting was posted on the State of Utah Public Notice website, on the West Bountiful City website, and at city hall on June 7, 2024 per state statutory requirement. Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, June 11, 2024, at West Bountiful City Hall, Davis County, Utah. Those in Attendance: MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Dennis Vest, Tyler Payne (Alternate) and Council member Dell Butterfield MEMBERS EXCUSED: Laura Mitchell, Robert Merrick STAFF ATTENDING: Kris Nilsen (City Engineer), Addison Jenkins (Community Development), and Debbie McKean (Secretary). PUBLIC ATTENDING: Prayer by Commissioner Malan Pledge of Allegiance- Commissioner Sweat The meeting was called to order at 7:30 pm by Chairman Malan. 1. Confirm Agenda Chairman Malan reviewed the proposed agenda. Dennis Vest moved to approve the agenda as presented. Corey Sweat seconded the motion. Voting was unanimous in favor among all members present. 2. Public Hearing- Parking Ordinance Amendments for Moderate Income Housing Plan Presented for the public’s review this evening was the planning commission’s work on amending the city’s parking ordinances to fulfill one of the city’s strategies required by state legislation. Community Development Specialist Addison Jenkins explained that a new state law required West Bountiful City to amend its general plan to select three strategies to provide a realistic opportunity to meet the need for additional moderate-income housing within its jurisdiction. To help accomplish its moderate-income housing goals, the city selected the following 3 strategies from options provided by the state: 1. Develop and Adopt a Station Area Plan 2. Amend Land Use Regulations to Eliminate or Reduce Parking Requirements for Residential Development Where a Resident is Less Likely to Rely on the Resident’s Own Vehicle, such as residential development near major transit investment corridors or Senior Living facilities. 3. Reduce, Waive, or Eliminate Impact Fees related to Moderate Income Housing. To facilitate opportunities to increase moderate-income housing in West Bountiful, the city began work in 2023 by amending its parking requirements in accordance with Strategy 2.  2 Updates to the city’s parking code included defining minimum parking spaces for dwelling units in residential and mixed-use buildings and zones, and opportunities for a reduction in requirements for developments within a ½ mile of public transit. Per State law, the city must continue to work towards the selected strategies each year and demonstrate these additional efforts. Once work is done on a given strategy, the general plan will be amended again to select additional strategies, which staff anticipates in 2024-2025. At the March 12th meeting, commission members and staff discussed several ways to decrease parking requirements that might contribute to reductions in housing costs. • Residential Health Care Facilities • Senior Living Facilities • Guest Parking Requirements • Transit-adjacent Multi-family Residential At the May 14th and May 28th planning commission meeting, the planning commission reviewed an initial draft parking ordinance prepared by Citi Design and provided significant feedback. The comments and requests from those discussions were incorporated into this draft. It has been reviewed by the city attorney. Action Taken: Corey Sweat moved to open the public hearing at 7:35 p.m. to hear comments on the proposed Parking Ordinance Amendments for Moderate Income Housing Plan 2024. Dennis Vest seconded the motion and voting was unanimous in favor. Public Comment-No public present Action Taken: Dennis Vest moved to close the public hearing at 7:36 p.m. on the proposed Parking Ordinance Amendments for Moderate Income Housing Plan 2024. Corey Sweat seconded the motion and voting was unanimous in favor. 3. Discussion/Recommendation to City Council- Parking Ordinance Amendments for Moderate Income Housing Plan Upon holding the public hearing this evening and review of the final draft of the Parking Ordinance Amendment for 2024 Moderate Income Housing Plan a motion was made. Alan Malan requested to remove the language at the end of the opening paragraph of 17.52.040 noted in blue highlights. Discussion took place between Chairman Malan, Commissioner Sweat, and Mr. Jenkins regarding language in subsection K(4) that would allowed for a further reduction in parking minimums beyond those established in the draft code changes. Mr. Jenkins explained that the language was meant cap all available parking minimum reductions and to give the city and incentive to provide to developers to encourage the creation of moderate income housing. Commissioners explained that they did not desire to have the developer stack percentages. Commissioners requested that K(3) be changed from a 20% to a 15% reduction in parking spaces. Alternate Commissioner Payne was in favor of keeping K(4) as  3 an incentive to the developer. Commissioners Vest, Malan, and Sweat requested that K(4) be removed from the draft. Commissioners expressed their desire to give the least number of reductions and increase them in as small increments as possible. After further discussion the following changes were made to the document: • Delete blue lined language in the opening paragraph of 17.52.040 • Change K(3) from 20% to 15% • Strike K(4) • Create Residential Uses as a sub-section Action Taken Corey Sweat moved to approve the final draft for the Parking Ordinance Amendments for Moderate Income Housing Plan for 2024 per the changes decided upon after discussion which is to delete blue lined language in the opening paragraph, change K(3) to 15%, strike K(4) and create a sub section for Residential Uses for K and L and to forward the document as corrected to the city council for their review. Tyler Payne seconded the motion and voting was unanimous in favor. 4. Approve Meeting Minutes from May 28, 2024 Action Taken: Corey Sweat moved to approve the minutes from May 28, 2024. Dennis Vest seconded the motion and voting was unanimous in favor. 5. Staff Report a. Engineering (Kris Nilsen) o Working on project on 1200 North and 1100 West to put out to bid o Park lights project has been completed o Still gather information on replacing the big toy in the south end of the park b. Community Development (Addison Jenkins) o Seeing progress on code enforcement. 6. Adjourn Action Taken: Corey Sweat moved to adjourn the regular session of the Planning Commission meeting at 8:32 pm. Dennis Vest seconded the motion. Voting was unanimous in favor. ...................................................... The foregoing was approved by the West Bountiful City Planning Commission, by unanimous vote of all members present. ___________________________________