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 City Recorder Commissioners Phone (801) 292-4486 Remington Whiting Laura Mitchell FAX (801) 292-6355 Dennis Vest www.WBCity.org City Council Robert Merrick Representative Tyler Payne Dell Butterfield THE PLANNING COMMISSION WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, OCTOBER 8TH, 2024, AT THE CITY OFFICES. Invocation/Thought – Commissioner Vest Pledge of Allegiance – Commissioner Merrick 1. Confirm Agenda. 2. Public Hearing – Amending Requirements for Distance Between Structures In Residential Zones. 3. Consider Recommendation to City Council – Amending Requirements for Distance Between Structures In Residential Zones. 4. Code Change Application - Front Yard Fence Regulations – Burnell. 5. Discussion on Land Use Code Enforcement. 6. Approve Meeting Minutes from September 24th, 2024. 7. Staff Reports. 8. Adjourn. ---------------------------------------------------- This agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), and posted at City Hall on October 4th, by Remington Whiting, City Recorder.  MEMORANDUM TO: Planning Commission DATE: October 4, 2024 FROM: Staff RE: Structure Distance Discussion Issue Upon recent review, city staff and legal counsel concluded that the code regarding the distance between structures within residential zones needs clarification. Background During the previous planning commission meeting on September 24th, 2024, the commission discussed changing the required distance between structures that are located on the same lot or parcel. It discussed the idea of changing it to meet current fire code, which does not have a required distance. Based on current city code, this would affect the A-1, R-1-10 and R-1-22 zone. Proposal The city code currently reads (with proposed strikeouts): B. Distance between main structures and accessory buildings. The minimum distance between all main structures and accessory structures shall be eight (8) feet. (17.16.050 (B), 17.20.050 (B), 17.24.050 (B)) According to the discussion from the planning commission, the city code would read: B. Distance between structures. Structures that are located on the same lot or parcel of property shall be separated by a distance that is in compliance with applicable building codes. Potential Impact Previous ICC codes required that specific distances be maintained between structures on the same lot. Since then, the ICC has updated it regulations and does not specify how far structures on the same property should be apart. With this update, many cities such as Centerville, Bountiful and Woods Cross still require distance between structures. This may be so that the cities maintain a certain aesthetic and community feel. Main structures and accessory structures have different setback requirements. If an accessory structure may be place very close to the main structure while at the same time taking advantage of loser setback requirements, this may defeat the purpose of setbacks and create unforeseen situations. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 17.16, 17.20, 17.24 17.16.050 Yard Regulations B. Distance between main structures and accessory buildings. The minimum distance between all main structures and accessory structures shall be eight (8) feet. Structures that are located on the same lot or parcel of property shall be separated by a distance that is in compliance with applicable building codes. 17.20.050 Yard Regulations B. Distance between main structures and accessory buildings. The minimum distance between all main structures and accessory structures shall be eight (8) feet. Structures that are located on the same lot or parcel of property shall be separated by a distance that is in compliance with applicable building codes. 17.24.050 Yard Regulations B. Distance between main structures and accessory buildings. The minimum distance between all main structures and accessory structures shall be eight (8) feet. Structures that are located on the same lot or parcel of property shall be separated by a distance that is in compliance with applicable building codes.  MEMORANDUM TO: Planning Commission DATE: October 4, 2024 FROM: Staff RE: Front Yard Fence Code Change Application On October 3rd, 2024, Mr. Thomas Burnell submitted an application to change the text of the West Bountiful City Code. The application specifically requests to change the text for front yard fence regulations. (17.50.030) Background Mr. Burnell is the owner of Lot 15 in the Highgate subdivision (1253 W Highgate Ave), and this lot has a very wide width. He has submitted an application to build a fence within his front yard (see attached). West Bountiful city code does not currently allow 6ft front yard fences anywhere within 15’ of the sidewalk or the right of way. The proposed text change reads: “For properties in the A1 zone, with roadway frontages exceeding 200’, front yard fences of at least seventy percent (70%) transparency are allowed up to a six (6) feet in height with an offset of at least 20’ from the front side façades of the primary residence, with a setback of six (6) feet from the property line along the roadway frontage.” 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  West Bountiful City APPLICATION PLANNING AND ZONING TO 550 N 800 W West Bountiful, UT 84087 REZONE/CHANGE TEXT (801) 292-4486 www.WBCity.org PROPERTY ADDRESS: 1253 W Highgate Ave, West Bountiful DATE OF APPLICATION: 3 Oct 2024 PARCEL NUMBER: 064100015 CURRENT ZONE: A1 PROPOSED ZONE: LEGAL DESCRIPTION ATTACHED: YES NO X Applicant Name(s): Thomas Burnell Applicant Address (if different than above): Primary phone: 954-260-8014 E-mail address: twb84husker@gmail.com 801-520-5382 mark@vodaplan.com Describe in detail the request being made and the reasons why the change will benefit the people of West Bountiful. A separate sheet with additional information may be submitted if necessary. Request to clarify and update fencing ordinance to reflect fencing requirements along properties with long 'frontages.' Current setback of 15' from property line will remove a significant amount of 'useable' yard space from the property. Proposed fencing would provide high quality updates to current property, and allow for landscape updates along the public right of way for an improved neighborhood aesthetic. I hereby apply to change text in the West Bountiful Municipal Code, or rezone the property identified above in accordance with the provisions of Utah State Code 10-9a-503. I certify that the above information is true and correct to the best of my knowledge. 3 Oct 2024 Date: Applicant Signature: Mark Morris, Landscape architect on behalf of property owner FOR OFFICIAL USE ONLY Application & $150 Fee Received Date: __________________ Public Hearing Date: _________________________ Letters sent to affected neighbors: _______________________ Public Notice Sign Placed ______________________ Planning Commission Approval: ________________________ City Council Approval: ________________________ September 2016 FROM: Mark Morris, PLA, LEED AP TO: Duane Huffman, West Bountiful City RE: Proposed Fence Ordinance Update DATE: Thursday, October 3, 2024 MEETING: Duane, Thank you for the information about your current city ordinance for fencing in residential zones. I have put together some proposed language for consideration to adjustments to your current fencing ordinance. Please let me know your thoughts on what is proposed here: Current code language: 17.50.030 Front Yard Fences Subject to the clear view area regulations in this chapter, fences installed in a front yard shall comply with the following requirements: 1. A fence that is seventy percent (70%) or more open is allowed up to four (4) feet in height. 2. A fence, wall, or hedge that is not seventy percent (70%) or more open is allowed up to four (4) feet in height if located three (3) feet or more from the front street right of way or sidewalk, whichever is closer to the primary building on the lot. In addition, such a fence, or hedge is allowed up to six (6) feet in height if located fifteen (15) feet or more from the front street right of way or sidewalk. 3. For properties in the A1 zone, with roadway frontages exceeding 200’, front yard fences of at least seventy percent (70%) transparency are allowed up to a six (6) feet in height with an offset of at least 20’ from the front side façades of the primary residence, with a setback of six (6) feet from the property line along the roadway frontage. 4. A building permit must be secured for construction of all front yard fences. proposed wrought iron fence at a 6' setback from sidewalk  MEMORANDUM TO: Planning Commission DATE: October 4, 2024 FROM: Duane Huffman, City Administrator RE: Land Use Code Enforcement _______________________________________________________________________________ The city is experiencing a n increa se in la nd use viola tions, both in terms of structures a nd uses. This is likely due in pa rt to increa sing la nd va lues, resulting in property owners trying to further ma ximize how properties a re used beyond wha t ha s been tra ditiona l in residentia l zones. I would like to ha ve a brief discussion with the pla nning commission to get your vision a nd input on wha t la nd use code enforcement in West Bountiful should look like. To prepa re for the discussion, plea se be prepa red to ta lk a bout wha t code enforcement in the following situa tions: - Properties with illega l uses – potentia lly things like non- complying ADUs, non- complying home occupa tions, improper uses of residentia l properties (e.g. stora ge). - Properties with illega l structures – potentia lly things like setba ck viola tions, structures built without a permit, etc. - Properties with subdivision viola tions. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 West Bountiful City September 24, 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 September 20, 2024, per state statutory requirement. Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, September 24, 2024, at West Bountiful City Hall, Davis County, Utah. MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Dennis Vest, Laura Mitchell, Robert Merrick, Tyler Payne (Alternate). MEMBERS EXCUSED: Tyler Payne (Alternate), and Council member Dell Butterfield STAFF ATTENDING: Kris Nilsen (City Engineer), Remington Whiting (Community Development) and Debbie McKean (Secretary) PUBLIC ATTENDING: Prayer by Commissioner Mitchell Pledge of Allegiance- Commissioner Vest The meeting was called to order at 7:30 pm by Chairman Malan. 1. Confirm Agenda Chairman Malan reviewed the proposed agenda. Laura Mitchell moved to approve the agenda as presented. Corey Sweat seconded the motion. Voting was unanimous in favor among all members present. 2. Discuss Structure Distance Requirements. Commissioner packets included a memorandum dated September 20, 2024, from Staff regarding Structure Distance Requirements. Issue Remington Whiting explained that in a recent review, city staff and legal counsel concluded that the code regarding the distance between structures within residential zones needs clarification. The City code for residential zones reads: “Distance between main structures and accessory buildings. The minimum distance between all main structures and accessory structures shall be eight (8) feet” (WBMC 17.24.050.B) This could be interpreted two ways: first, that the distance requirement only applies to the main structure and accessory structures. If this is the case, the code is silent on any distance requirement between multiple accessory structures. The second interpretation is that all structures must be 8ft away, including an accessory structure from another accessory structure. Potential reasons for why the code has a distance requirement between structures include the previous building/fire code and an interest in community feel and appearance. Additional information on the current status of the building code and examples of neighboring cities were provided for the commissions review. One option planning commission could consider drafting a code amendment clarifying whether the 8ft requirement will be applied to all structures or just from the main structure or the commission could conduct a broader review of the distance requirements for structures in residential zones (for example, should there be any distance requirements at all, should distance requirement only apply is certain circumstances, etc.). Corey Sweat stated that the distance usually referred to fire code and not so much the looks in regard to distance. Some discussion took place regarding what requirements would be necessary for the distance between a main structure and any accessory building. Chairman Malan noted that according to the ICC (International Code Council), there is no longer a specific requirement for the distance between buildings that are located on the same property. Commissioners reviewed the codes for nearby cities and favored Farmington’s code which states ADU’s shall be separated from the main building by a distance in compliance with applicable building codes. 3. Discuss Training Options Mr. Whiting asked which option the commission would like to do regarding fulfilling their requirement for 4 hours of annual training. The Commission was in favor of doing individual training on their own time with staff providing links to possible training sessions. Open meeting training counted and was done as a commission along with getting credit for time sitting on the commission in meetings. According to State Code 10-9a-302, each member of the Planning Commission must complete 4 hours of annual training. The trainings include the following: One hour of annual training on general powers and duties under Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; and Three hours of annual training on land use, which may include: (A) appeals and variances; (B) conditional use permits; (C) exactions; (D) impact fees; (E) vested rights; (F) subdivision regulations and improvement guarantees; (G) land use referenda; (H) property rights; (I) real estate procedures and financing; (J) zoning, including use-based and form-based; and (K) drafting ordinances and code that complies with statute. City staff would like to discuss if the commission would prefer the training to be conducted during bi- weekly meetings or during personal time. The commission could also discuss what topics to focus on.  4. Approve Meeting Minutes from September 10, 2024 Action Taken: Corey Sweat moved to approve the minutes from the July 23, 2024, Planning Commission Meeting as presented. Dennis Vest seconded the motion, and voting was unanimous in favor. 5. Staff Report a. Engineering (Kris Nilsen) • 1200 North under construction. Paving Thursday and Friday of this week. • Park concrete was poured today. The playground will arrive the second week of October. • The Well has been fixed and water can be used if needed. • Secondary Water use is under usage for our contract. Shutoff scheduled for October 15th. • Staff will present a footprint for 600 West to the City Council. Curb on east, sidewalk and curb on the west side of the road with striping for a bike lane. b. Community Development – Remington Whiting • Fall Clean Up October 10-12th at the Public Works Building. • South Davis Sewer is working on calculating their fees for their impact fees. • Group Home is being presented to city council on Tuesday. • Garrett Reid will be holding a Fall Event on his property. Food Trucks and 100 to 150 people. He is working Duane on details. • Code Enforcement working with an illegal fence and still sending letters to residence for clean-up. • Marque malfunctions when a power outage occurs. It needs to be resolved on the contractor’s end. Should be resolved by the end of the week. • Dell Butterfield attended Utah Leagues meeting regarding housing. He felt we should get things in place sooner than later. 6. Adjourn Action Taken: Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 8:12 pm. Corey Sweat 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. ___________________________________