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, NOVEMBER 26th, 2024, AT THE CITY OFFICES. Invocation/Thought – Commissioner Payne Pledge of Allegiance – Commissioner Mitchell 1. Confirm Agenda. 2. Public Hearing – Proposed Airport Overlay Zone. 3. Consider Proposed Airport Overlay Zone Recommendation. 4. Public Hearing – Proposed Residential Rear Yard Setback Code Change. 5. Consider Proposed Residential Rear Yard Setback Code Change Recommendation. 6. Discuss Code Change Application – Front Yard Fences – Willey. 7. Approve Meeting Minutes from November 19th, 2024. 8. Staff Reports. 9. 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 November 22nd, by Remington Whiting, City Recorder.  MEMORANDUM TO: Planning Commission DATE: November 22nd, 2024 FROM: Staff RE: Airport Overlay Zone – WBMC 17.45 _______________________________________________________________________________ This memo discusses a proposed airport overlay zone, which must be adopted in cities which contain an airport influence area by December 31, 2024, per HB 206. Background In 2023, the Utah State Legislature passed HB 206, establishing airport use amendments. These amendments establish land use requirements for land located within an airport influence area which is defined as land within 5,000 feet of an airport runway. On November 12th, 2024, the planning commission asked staff to schedule a public hearing to receive input on the proposal. Proposal The overlay zone will include two small areas of land that will be located within the airport influence area, which are shown on the attached map (Exhibit A). The proposed draft will address specific Airport Zoning Regulations along with conflicting regulations. The proposed code can be found in the attached document (Exhibit B). The proposal was slightly modified by Steve Doxey, the city attorney since it was last reviewed. Options When a public hearing has been held, the planning commission may proceed to: 1. Forward a recommendation to the city council. The recommendation can either suggest that the proposal be approved or denied. 2. Direct staff and consultants to bring back either other specific proposals or a larger review of options related to the Airport Overlay Zone. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Exhibit A Exhibit B NEW CODE CHAPTER 17.45 Airport Overlay Zone (NEW) 17.45.010 Creation and Purpose 17.45.020 Definitions 17.45.030 Airport Zoning Regulations 17.45.040 Conflicting Zoning Regulations 17.45.010 Creation and Purpose There is hereby created within the city an airport overlay zone, as designated on the city’s zoning map, as amended. Unless the zoning map provides otherwise, the airport overlay zone shall be coextensive with the airport influence area, as defined in this chapter. The purpose of the airport overlay zone is to prevent the creation or establishment of an airport hazard and to eliminate, remove, alter, mitigate, or mark and light existing airport hazards to promote the public health, safety, and general welfare. 17.45.020 Definitions “Airport” means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. “Airport hazard” means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport. “Airport influence area” means land located within 5,000 feet of an airport runway. “Airport overlay zone” means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that: (a) applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area; (b) may extend beyond the airport influence area; (c) ensures airport utility as a public asset; (d) protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and (e) protects aircraft occupant safety through protection of navigable airspace. “Avigation easement” means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right: (a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and (b) to prohibit or remove any obstruction to such overflight. 17.45.030 Airport Zoning Regulations A. No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use or structure to be modified so as to become a greater hazard to air navigation than it was on the effective date hereof. B. The city shall have authority, through its police power, to abate as a public nuisance any airport hazard within the airport overlay zone. C. The city shall notify a person building on or developing land within an airport influence area, in writing, of aircraft overflights and associated noise. D. Any proposed development within an airport influence area is required to conform with 14 C.F. R Part 77 and, as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, the person building or developing land may be required to grant or sell to the airport owner, at appraised fair market value, an avigation easement. 17.45.040 Conflicting Regulations This chapter shall govern any conflicting regulation in the municipal code applicable to land within the airport overlay zone, and shall be subject in all cases to any conflicting federal or state regulation.  MEMORANDUM TO: Planning Commission DATE: November 22nd, 2024 FROM: Staff RE: Code Change Application - Rear Yard Setback Regulations in R-1-10 Zone - Schilling This memo discusses a text change amendment application from Staci and Dustin Schilling related to rear yard setback requirements for main structures in the R-1-10 zone (attached). Background West Bountiful City currently has a 30’ setback requirement in the rear yard for main structures in all residential zones. After some investigation, city staff were able to determine that this requirement has existed since at least 1965 and possibly even longer. The application was previously reviewed in the planning commission meeting on November 12th, 2024. Application On October 25th, 2024, Dustin and Staci Schilling submitted a text change application to change current setback regulations in the R-1-10 zone. The application requests to amend the current regulation of 30’ down to 20’ along 30% of the rear property line, while the remaining 70% maintains a 30’ setback requirement. This proposal stems from the applicant’s desire to build an addition that would extend into their current rear yard setback. Options Once a public hearing has been held, the commission may consider some of the following options: 1. Forward a recommendation to the city council. The planning commission may suggest approval or denial. 2. Direct staff and consultants to bring back either other specific proposals or a larger review of options related to rear yard setbacks. 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 10/25/2024 PROPERTY ADDRESS: 850 Heritage Pointe Circle DATE OF APPLICATION: PARCEL NUMBER: 062860031 CURRENT ZONE: R-1-10 PROPOSED ZONE: LEGAL DESCRIPTION ATTACHED: YES NO Applicant Name(s): Dustin and Staci Schilling Applicant Address (if different than above): Primary phone: 801-699-3955 E-mail address: Staci.hafen@gmail.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. Rear Yard Regulations in the R-1-10 Zone are not currently meeting the needs of the residents of West Bountiful. 17.24.050 Yard Regulation A.4 Rear Yard. a. The minimum rear yard setback We propose an amendment to the current zoning regulations to allow residential properties to have the main structure set back 20 feet from the rear property line in 30% of the lot, instead of the existing requirement of 30 feet for the entirety of the property line. 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. 10/25/24 Date: Applicant Signature: 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  MEMORANDUM TO: Planning Commission DATE: November 22nd, 2024 FROM: Staff RE: Willey Front Yard Fence Code Change Application This memo discusses a text change amendment application from Todd Willey, which requests changes to the city’s front yard fence requirements, along with other clear view regulations (attached). Background On October 9th, 2024, Mr. Todd Willey submitted a code change application for front yard fences and other clear view regulations. The planning commission further reviewed the application on November 12th, 2024, and found that they wanted to conduct a larger review of options related to front yard fences. Currently, front yard fences are permitted (with a permit) in these circumstances (WMBC 17.50.030) • Anywhere in the front yard if the height does not exceed 4’ and the transparency is at least 70%; • Set back 3’ from the property line with a height of up to 4’ if the transparency is below 70%. • Set back 15’ with a height of up to 6’ (any transparency level); • Up to the property line and up to 6’ in height if property has at least 200’ of frontage and the fence is offset the from the front side of the house by at least 20’; Research City staff conducted research and found it difficult to find examples of cities that allow 6’ fences in front yards; however, staff was able to find two: Plain City, Utah and Sacramento, California. Both cities include language that requires the fences to be non-view obscuring or similar language. Additionally, the West Bountiful City Council updated front yard fence regulations at the last council meeting. The city council ultimately decided to amend the planning commission’s recommendation to remove the setback and transparency requirements. Finally, staff consulted with the police department regarding front yard fences, and they had no input to offer. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Pros/cons In considering additional updates to front yard fences, the commission may consider the following pros and cons: Pros: Privacy, Enhanced Sense of Security, Property Rights Cons: Reduced Visibility, Barrier Effect (a “walled-off” appearance that reduces the sense of community, Encroachment on to Public Right-of-way Options Based on the application, staff recommends that the commission select one of the following directions: 1. Move forward with the request as proposed and schedule a public hearing. Following the public hearing, the commission could then: a. Recommend approval. b. Recommend denial. 2. Direct staff and consultants to bring back either other specific proposals or a larger review of options related to front yard fences and/or rear and side yard fences. The policies regarding front yard fences generally fall into these categories: a. Height b. Set Back c. Location (e.g. in front of a house vs. offset) d. Transparency 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  West Bountiful City APPLICATION PLANNING AND ZONING TO 550 N 800W West Bountiful, UT 84087 REZONE/CHANGE TEXT (801) 292-4486 www.WBCity.org PROPERTY ADDRESS: PARCEL NUMBER: CURRENT ZONE: A� I PROPOSED ZONE: LEGAL DESCRIPTION ATTACHED: YES Applicant Name(s): __/_e>_dr�d __/4/�1.....'/�A_erv___________________ I ____________________ _ Applicant Address (if different than above): __- Primary phone: /3Df� 61/A -,281 7- E-mail address: /2 ✓d /AJ,1/ley/€,@ l cJ, me,'I. ¢?H_.- • Describe in detail the request for which this application is being submitted and the reasons why the change will benefit the people of West Bountiful. A separate sheet with additional information may be submitted If n necessary. &ot) I )IAt?d Fe.AJCl't! : e. r;A..d /NANt!.e. !-An I- cJWcflt..)S I-A e.. llefjAI . I$ (1/4 7 ..?e:/L v,jz /?t1bl'/fl. //V /;<.e-5/ L?,< s.ae,1y ftA,,)d Needs fp i>e //mwcled. rx wol(,ld /4/<e. io 1::::..tl.c.,;.::ios€.. //.Jet.,L) 7 t tex I fu the o&d IP(t/Ut'!..12,_ /-f Ilt71.,'--''f:1: /}A /'f &, .I re,,Uc-e. ;Al the 6.otJI: )IA-f<.!/ gµd /1- a ,· U/UC!<;. //U .lhL h-2c.-!< v&<-d ·7 , 1>,il,:, v,d'e d / :i 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. Date: / () � q ·PY Applicant Signature: ___/"'��-..__-/4 ....,""'0...._-=� ........... ¼ ✓_____ FOR OFFICIAL USE ONLV Application & $150 Fee Received Date:_\�O....... \,_C\"""-+ \�a-��- Public Hearing Date: --------- Letters sent to affected neighbors: __________________________ Planning Commission Approval: _________ City Council Approval: --------- September 2016 Lot with 85' frontage Lot with 200' Frontage West Bountiful City November 19, 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 November 18, 2024, per state statutory requirement. Minutes of the Special Meeting for the Planning Commission of West Bountiful City held on Tuesday, November 19, 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) and Council member Dell Butterfield. MEMBERS/STAFF EXCUSED: STAFF ATTENDING: Remington Whiting (Community Development) Kris Nilsen (City Engineer), and Debbie McKean (Secretary). PUBLIC ATTENDING: Ted Bubert Thought by Commissioner Sweat Pledge of Allegiance- Commissioner Payne The meeting was called to order at 6:00 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. Consider Preliminary Plat for Delnoble Subdivision Commission packets included a memorandum dated November 18, 2024 from Kris Nilsen City Engineer/ Staff regarding consideration for Preliminary Plat for Delnoble Subdivision. Kris Nilsen introduced the application for Legacy OV, LLC. has applied for Preliminary Plat Subdivision approval for a one (1) lot subdivision fronting 800 west street, on an existing parcel that is adjacent to the south and east of their existing residence/parcel at 1130 N 800 W. The property/parcel is within the R-1-10 District and consists of 3.385 acres whole prior to subdivision and will be subdivided into a single 1.379-acre lot and a remainder parcel of 2.009 acres. The lot meets R-1-10 Zoning Requirements for size and frontage (as represented). PRELIMINARY PLAT REVIEW WBC 16.16.020, In accordance to WBC 16.16.020 A checklist has been provided to the applicant. To date the majority of the items have been satisfied per the memorandum dated November 18, 2024. The following items still need to be addressed with staff per the notes in the City Engineer/Staff document in the packet before moving into the Final Plat Approval stage: • The location of existing utilities. • Proposed storm drainage facilities. • Copies of agreements with adjacent property owners relevant to the proposed subdivision. • Satisfactory evidence that all utilities and services will be available for the subdivision and that the utilities and easements have been reviewed and approved by the utility companies. Action Taken: Corey Sweat moved to approve the Preliminary Plat Application for the Delnoble Subdivision located adjacent to 1130 North 800 West facing 800 West with conditions that all the staff comments and necessary items are addressed by staff in the memo dated November 18, 2024. Dennis Vest seconded the motion and voting was unanimous in favor. 3. Approval Meeting Minutes from October 22, 2024 Action Taken: Laura Mitchell moved to approve the minutes from the October 22, 2024 as corrected, Planning Commission Meeting as presented. Dennis Vest seconded the motion, and voting was unanimous in favor. 4. Staff Report a. Engineering (Kris Nilsen) • Steve Maughn continues to work on the issue with the shoulder of the road on 1200 North. • Google has made 4 attempts to lay the conduits in the ground. Staff feels like the issue is being close to being resolved. b. Community Development – (Remington Whiting) • Remington has petitioned the opinion of the police department about front yard fences. Currently the Chief had no concerns but will respond back with his department comments. 5. Adjourn Action Taken: Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 6:16 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.