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, JANUARY 14TH, 2025, AT THE CITY OFFICES. Invocation/Thought – Commissioner Vest Pledge of Allegiance – Commissioner Merrick 1. Confirm Agenda 2. Consider Proposed Front Yard Fence Code Change Recommendation. 3. Consider Proposed Structure Distance Code Change Recommendation. 4. Review Potential Strategies for Moderate Income Housing Section of the General Plan. 5. Approve Meeting Minutes from December 10th, 2024. 6. Staff Reports. 7. 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 January 10th, 2025, by Remington Whiting, City Recorder.  MEMORANDUM TO: Planning Commission DATE: January 10th, 2025 FROM: Staff RE: Code Change Application – Front Yard Fence Regulations - Willey This memo introduces a text change amendment application from Todd Willey related to front yard fence regulations. Application On October 9th, 2024, Mr. Todd Willey submitted a text change application to change current front yard fence regulations. The application requested to amend the maximum height of front yard fences of 4’ to 6’. His original request was amended to include additional amendments regarding clear view regulations. After review, the planning commission decided to conduct a larger review of the current front yard fence regulations. Planning Commission Review The commission was able to review the application on October 22nd, November 12th, 16th and December 10th and a positive recommendation was forwarded to city council to allow front yard fences that were 6’. After reviewing the recommendation, legal counsel made additional changes to clarify potential issues. (See attached) Staff does not believe that the changes affect the intent of the original recommendation. Options The planning commission has the following options: 1. Recommend approval to the city council with legal counsel’s changes. 2. Recommend denial to the council council. 3. Continue to review the regulations and forward a recommendation on a future date. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Subject In addition to the clear view area regulations in this chapter, fences installed in a front yard shall comply with the following requirements: A. A fence, or any portion of a fence over two (2) feet in height, that is seventy percent (70%) or more open is allowed up to four (4) six (6) feet in total height but must maintain clear view regulations. B. A fence, wall or hedge that is not seventy percent (70%) or more open is allowed up to four (4) two (2) feet in height. 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, sSuch a fence, wall or hedge 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, and up to six (6) feet in height if located fifteen (15) feet or more from the front street right of way or sidewalk. C. On properties with roadway frontages exceeding 200 feet, front yard fences are allowed up to six (6) feet in height; provided, that any portion of such fence that is within 15 feet of such property line and is greater than four (4) feet in height must be offset at least 20 feet from the side facades at the front of the primary dwelling so as to preserve an open view of the dwelling. C. No fence gate, when open or closed, shall extend into the public right of way. D. A building permit must be secured for construction of all front yard fences. E. No front yard fence gate shall intrude or encroach into the public right of way. In addition to the clear view area regulations in this chapter, fences installed in a front yard shall comply with the following requirements: A. A fence, or any portion of a fence over two (2) feet in height, that is seventy percent (70%) or more open is allowed up to six (6) feet in total height. B. A fence, wall, or hedge that is not seventy percent (70%) or more open is allowed up to two (2) feet in height. Such a fence, wall or hedge 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, and up to six (6) feet in height if located fifteen (15) feet or more from the front street right of way or sidewalk. C. No fence gate, when open or closed, shall extend into the public right of way. D. A building permit must be secured for construction of all front yard fences.  MEMORANDUM TO: Planning Commission DATE: September 20th, 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 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 is attached. Options The planning commission could consider the following options: (1) Draft a code amendment clarifying whether the 8ft requirement will be applied to all structures or just from the main structure. (2) 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.). 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Building Code: 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. Nearby Cities: • Centerville – 6ft between all buildings • Bountiful – 5ft between accessory buildings and any dwelling • Woods Cross – 3ft or more from the rear of the main building • Farmington – Shall be separated from the main building by a distance in compliance with applicable building codes 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  MEMORANDUM TO: Planning Commission DATE: January 10th, 2025 FROM: Staff RE: Updates to City’s General Plan Moderate Income Housing Element _______________________________________________________________________________ This memo continues the discussion a nd provides options for potentia l upda tes to the city’s modera te income housing stra tegies in the genera l pla n. Ba ckground Uta h Code 10- 9a - 403 cha rges the pla nning commission with ma king recommenda tions to the city council for a genera l pla n. In combina tion with Uta h Code 10- 9a - 408, the city must include a modera te income housing element within the genera l pla n a nd a nnua lly report on the progress ma de towa rd a dopted stra tegies selected from a list provided in code. The pla nning commission wa s a ble to discuss a nd consider potentia l stra tegies on Tuesda y, December 10th, 2024, a nd the city council reviewed these suggestions on December 17th, 2024. The la st time the city upda ted the modera te income housing element in 2022, it a dopted the following stra tegies: • Amend la nd use regula tions to elimina te or reduce pa rking requirements for residentia l development where a resident is less likely to rely on the resident's own vehicle, such a s residentia l development nea r ma jor tra nsit investment corridors or senior living fa cilities; • Reduce, wa ive, or elimina te impa ct fees rela ted to modera te income housing; • Develop a nd a dopt a sta tion a rea pla n in a ccorda nce with Section 10- 9a - 403.1 Since then, the city worked diligently a nd a dopted code cha nges in 2023 a nd 2024 to a ccomplish a nd report on a ll three stra tegies. Upda tes With work substa ntia lly completed on the 2022 goa ls, it is time for the city to consider a dopting new stra tegies a nd pla ns for working towa rds them. The pla nning commission discussed potentia l stra tegies on Tuesda y, December 10th, 2024, a nd the city council reviewed a nd provided input on December 17th, 2024. Following the discussion from the city council, sta ff recommends the following process for the upda te: 1. Pla nning commission selection of recommend goa ls, a nd with the a ssista nce of pla nners, development of genera l pla n la ngua ge a nd 5- yea r implementa tion pla n. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  2. Pla nning commission public hea ring a nd fina l recommenda tions. 3. City council considera tion a nd a doption. Considera tion On December 17th, 2024, the city council reviewed a nd discussed the pla nning commission’s suggestions rega rding Modera te Income Housing. Along with the suggestions from the commission, the council discussed a dditiona l stra tegies a s well. The following a re stra tegies represent the stra tegies tha t rema in for consider, with sta ff’s recommenda tions in bold: (A) Rezone for densities necessa ry to fa cilita te the production of modera te income housing; (E) crea te or a llow for, a nd reduce regula tions rela ted to, interna l or deta ched a ccessory dwelling units in residentia l zones; - The city council ha s ma de clea r tha t this stra tegy is a priority for them. (D) identify a nd utilize genera l fund subsidies or other sources of revenue to wa ive construction rela ted fees tha t a re otherwise genera lly imposed by the municipa lity for the construction or reha bilita tion of modera te income housing; - It is unlikely tha t a dditiona l work on wa iving the rema ining impa ct fees (wa ter a nd storm wa ter) would qua lify, but sta ff believe this is a n a chieva ble goa l tha t a ligns with everything the city ha s done so fa r. (F) zone or rezone for higher density or modera te income residentia l development in commercia l or mixed- use zones nea r ma jor tra nsit investment corridors, commercia l centers, or employment centers; (J) Implement zoning incentives for modera te income units in new developments; • Sta ff believe tha t such incentives could be a good fit within the city’s existing PUD code. (R) crea te a home ownership promotion zone pursua nt to Pa rt 10, Home Ownership Promotion zone for municipa lities. Once the commission ha s settled on a n initia l list of goa ls, sta ff will work with pla nners to dra ft la ngua ge for further considera tion. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 10- 9a - 403(2)(b)(iii) For a town, may include, and for a specified municipality as defined in Section 10-9a-408, shall include a recommendation to implement the required number of any of the following moderate income housing strategies as specified in Subsection (2)(a)(iii): (A) rezone for densities necessary to facilitate the production of moderate income housing; (B) demonstrate investment in the rehabilitation or expansion of infrastructure that facilitates the construction of moderate income housing; (C) demonstrate investment in the rehabilitation of existing uninhabitable housing stock into moderate income housing; (D) identify and utilize general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the municipality for the construction or rehabilitation of moderate income housing; (E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones; (F) zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers; (G) amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors; (H) 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; (I) amend land use regulations to allow for single room occupancy developments; (J) implement zoning incentives for moderate income units in new developments; (K) preserve existing and new moderate income housing and subsidized units by utilizing a landlord incentive program, providing for deed restricted units through a grant program, or, notwithstanding Section 10-9a-535, establishing a housing loss mitigation fund; (L) reduce, waive, or eliminate impact fees related to moderate income housing; (M) demonstrate creation of, or participation in, a community land trust program for moderate income housing; (N) implement a mortgage assistance program for employees of the municipality, an employer that provides contracted services to the municipality, or any other public employer that operates within the municipality; (O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within that agency's funding capacity, an entity that applies for affordable housing programs administered by the Department of Workforce Services, an entity that applies for affordable housing programs administered by an association of governments established by an interlocal 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  agreement under Title 11, Chapter 13, Interlocal Cooperation Act, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing; (P) demonstrate utilization of a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing; (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act; (R) create a home ownership promotion zone pursuant to Part 10, Home Ownership Promotion Zone for Municipalities; (S) eliminate impact fees for any accessory dwelling unit that is not an internal accessory dwelling unit as defined in Section 10-9a-530; (T) create a program to transfer development rights for moderate income housing; (U) ratify a joint acquisition agreement with another local political subdivision for the purpose of combining resources to acquire property for moderate income housing; (V) develop a moderate income housing project for residents who are disabled or 55 years old or older; (W) develop and adopt a station area plan in accordance with Section 10-9a-403.1; (X) create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones; (Y) create a first home investment zone in accordance with Title 63N, Chapter 3, Part 16, First Home Investment Zone Act; and (Z) demonstrate implementation of any other program or strategy to address the housing needs of residents of the municipality who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing; and 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 West Bountiful City December 10, 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 December 6, 2024, per state statutory requirement. Minutes of the Special Meeting for the Planning Commission of West Bountiful City held on Tuesday, December 10, 2024, at West Bountiful City Hall, Davis County, Utah. MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Laura Mitchell, Robert Merrick, Tyler Payne (Alternate) and Council member Dell Butterfield. MEMBERS/STAFF EXCUSED: Dennis Vest STAFF ATTENDING: Remington Whiting (Community Development) Kris Nilsen (City Engineer), and Debbie McKean (Secretary). PUBLIC ATTENDING: Todd Willey, Diane Dransfield. Prayer by Chairman Malan Pledge of Allegiance- Commissioner Mitchell 1. Confirm Agenda Chairman Malan reviewed the proposed agenda. Corey Sweat moved to approve the agenda as presented. Robert Merrick seconded the motion. Voting was unanimous in favor among all members present. 2. Public Hearing- Proposed Front Yard Fence Code Change. Commission packets included a memorandum dated December 6, 2024, from Staff Regarding Willey Front Yard Fence Code Change application with a rough draft of the changed language in the code. Remington Whiting noted that on October 9th, 2024, Mr. 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’. On November 26th, the planning commission instructed city staff to bring back a proposal with the following specifications: • Front Yard Fences would be allowed up to 6’ in height • Must be Setback 3’ from the sidewalk • Must be setback 6’ from both sides of the driveway • Must be 70% transparent A copy of the proposed amendments was reviewed by legal counsel and presented this evening for public comment in a rough draft form. Remington Whiting noted some suggested changes from legal counsel for their consideration. Public comment is welcomed concerning these proposed changes. ACTION TAKEN: Laura Mitchell moved to open the public hearing at 7:36 pm to hear public comment on the Proposed Front Yard Fence Code Changes. Corey Sweat seconded the motion, and voting was unanimous in favor. Public Comment: Todd Willey stated that upon review his input in Section A 3 feet from the sidewalk and fence would like it to be 1 foot from the sidewalk. Also, would take issue with the 6 feet from the driveway. Would like it to read to the driveway. He asked how he could put up a security gate with those requirements. Upon discussion and consideration, Corey Sweat proposed to add a section E. to the code that states “All Gates cannot intrude into the public right of way”. Staff will send this to legal counsel for recommendation on how the language should read. ACTION TAKEN: Corey Sweat moved to close the public hearing at 7:44 pm to hear public comment on the Proposed Front Yard Fence Code Changes. Tyler Payne seconded the motion and voting was unanimous in favor. 3. Consider Proposed Front Yard Fence Code Change Recommendation Commissioners discussed and considered the following after the public hearing. Corey Sweat asked how the 6 ft requirement came about. Commissioner’s discussion in the language in A. was challenged. Some discussion took place between staff and commissioners regarding how the language should read. It was decided to change the four (4) feet to six (6) feet. Clarification was made regarding how the gate would be addressed. More discussion took place regarding transparency and why the 3-foot barrier before the fence begins. Staff asked if the bottom two feet are in the equation if they are a solid structure included in the 70% clear view area. After discussion it was decided that the bottom 2 feet are not considered in the clear view area. This is included in the language change in 17.50. 030 B. The following is the proposal that will be sent to the city council for their review and consideration:  A. A fence that is seventy percent (70%) or more open is allowed up to four (4) six (6) feet in height but must maintain clear view regulations. B. A fence, wall, or hedge that is not seventy percent (70%) or more open is allowed up to four (4) two (2) 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. C. On properties with roadway frontages exceeding 200 feet, front yard fences are allowed up to six (6) feet in height; provided, that any portion of such fence that is within 15 feet of such property line and is greater than four (4) feet in height must be offset at least 20 feet from the side façades at the front of the primary dwelling so as to preserve an open view of the dwelling. D. A building permit must be secured for construction of all front yard fences. E. No front yard fence gate shall intrude or encroach into the public right of way. ACTION TAKEN: Corey Sweat moved to approve the changes made to 17.50.030 as changed in the draft presented this evening and to forward with a positive recommendation it to the city council for their review and consideration. Robert Merrick seconded the motion and voting was unanimous in favor. 4. Discuss Updates to City’s General Plan Moderate Income Housing Element. Commissioner packets included a memorandum dated December 6, 2024, from Staff regarding Updates to City’s General Plan Moderate Income Housing Element. Remington Whiting presented the requirements and provided options for updating the city’s moderate income housing strategies in the general plan. He stated that Utah Code 10-9a-403 charges the planning commission with making recommendations to the city council for a general plan. In combination with Utah Code 10-9a-408, the city must include a moderate-income housing element within the general plan and annually report on the progress made toward adopted strategies selected from a list provided in code. The last time the city updated the moderate-income housing element in 2022, it adopted the following strategies: • 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. • Reduce, waive, or eliminate impact fees related to moderate income housing. • Develop and adopt a station area plan in accordance with Section 10-9a-403.1. Mr. Whiting reported that since then, the city has worked diligently and adopted code changes in 2023 and 2024 to accomplish and report on all three strategies. He asked for them to consider adopting new strategies and plans for working towards them. Staff recommended the following process for the update: 1. Planning Commission review and selection of initial strategies. 2. City council review and input on initial selection. 3. Planning Commission development of general plan language and 5-year implementation plan. 4. Planning Commission public hearing and final recommendations. 5. City Council consideration and adoption. Commissioners and staff reviewed 10-9a-403(2)(b)(iii), which lists the menu of strategies. Mr. Whiting pointed out that at least three need to be selected, but the planning commission could recommend as many as it feels appropriate for initial feedback from the city council. Remington Whiting stated that Staff recommended the following for the planning commission consider: Note: Strategies are listed and labeled as they appear in the code as a corresponding letter: (A)Rezone for densities necessary to facilitate the production of moderate-income housing; (D) Identify and utilize general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the municipality for the construction or rehabilitation of moderate-income housing; (E) Create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones; (F) Zone or rezone for higher density or moderate-income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers; It was noted that the city already has the housing overlay for commercial zones, but it could be further improved or expanded. (J) Implement zoning incentives for moderate income units in new developments; For example, adding moderate income housing as an element for bonus density in a PUD (O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate-income housing…. (P) Demonstrate utilization of a moderate-income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing. The city will have moderate income housing from RDA projects beginning in 2028/2029 (R) Create a home ownership promotion zone pursuant to Part 10, Home Ownership Promotion Zone for Municipalities; Commissioners were under the impression that the process had been completed for this year and were done until needing to submit for 2026. Corey Sweat inquired if we could wait until Ivory submits their request for a PUD. Commissioners discussed some possibilities to consider and asked staff to bring some figures for moderate income housing back to them for further discussion. Tyler Payne requested more information on (O). Some discussion took place reducing impact fee reductions. Chairman Malan suggested we stop recording ADU’s with the county so the sewer cannot charge for having two sewer hook ups for an internal ADU’s. He stated that is an unfair charge and does not make sense especially when we are trying to make housing affordable. Some discussion took place regarding sections E, O, A, J that maybe used in conjunction with Ivory Homes development. It was also suggested that section L could be a consideration. Remington Whiting will bring back more information about the ones that the commissioners were interested in. 5. Approval Meeting Minutes from November 26, 2024 Action Taken: Laura Mitchell moved to approve the minutes from the November 26, 2024, Planning Commission Meeting as presented. Corey Sweat seconded the motion, and voting was unanimous in favor. 6. Staff Report a. Engineering (Kris Nilsen) • The 400 North Well is up and running with some false alarms that need to be fixed. • The 660 West project will go out to bid first part of the year and begin construction in March. • The 800 West project will follow 660 West. It is a much smaller project. • 1200 North is still in the process of getting fixed. b. Community Development – (Remington Whiting) • Resident complaints are being addressed with letter being sent to offenders violating codes. • Business License are being prepared. • Christmas on not Onion Street was very fun and successful. • The Odor mentioned in the last meeting is coming from the Refinery. Residence in the area are being asked to call Sinclair personally to complain. 7. Adjourn Action Taken: Corey Sweat moved to adjourn the regular session of the Planning Commission meeting at 8:53 pm. Laura Mitchell 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. ___________________________________