Planning Commission Mtg

Mayor Kenneth Romney WEST BOUNTIFUL Chairman PLANNING COMMISSION Alan Malan City Engineer/ Land Use Administrator 550 North 800 West Commissioners Kris Nilsen West Bountiful, Utah 84087 Laura Charchenko Mike Cottle City Recorder/ Phone (801) 292-4486 Community Corey Sweat FAX (801) 292-6355 Dennis Vest Development www.WBCity.org Cathy Brightwell THE PLANNING COMMISSION WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, AUGUST 10, 2021 AT THE CITY OFFICES This meeting will be held in-person 1. Prayer/Thought by Commissioner Mitchell. 2. Accept Agenda. 3. Conditional Use Application for Duerden’s Appliance Warehouse at 580 W 100 North. 4. Public Hearing on Proposed Fence/Clear View Area Regulations. 5. Consider Proposed Changes to West Bountiful’s Fence and Clear View Area Regulations – WBMC 17.50. 6. Staff report. 7. Consider Meeting Minutes from July 27, 2021. 8. Commission Training. 9. Adjourn. ---------------------------------------------------- This notice has been sent to the Davis Journal and was posted on the State Public Notice Website and the City’s website on August 6, 2021 by Cathy Brightwell, City Recorder.  MEMORANDUM TO: Planning Commission DATE: August 10, 2021 FROM: Cathy Brightwell RE: Duerden’s Appliance Warehouse _________________________________________________________________________________ Duerden’s Appliance, Inc. has applied for a conditional use permit to operate a warehouse in the Carr Building at 580 W 100 North in West Bountiful. This property is in the Commercial Highway District which lists warehousing as a conditional use. Duerden’s has a store at 419 W 500 South in Bountiful. They have leased space in the Carr building to store appliances and mattresses, and the loading docks for their trucks. This area is not a retail location and is not open to the public for shopping. It is only used for storage of the appliances and mattresses Duerden’s delivers to customers. If a customer comes to pick up an item, it is brought to their vehicle. A diagram showing the leased warehouse space and a picture of the loading docks is attached. The Conditional Use ordinance, Section 17.60.040, requires the planning commission to consider whether: 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 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. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Page 2 Staff recommends the following conditions be required with the granting of this conditional use permit: 1. Fire Inspection approval; 2. Signage will comply with city regulations; 3. No merchandise will be stored outside; 4. Upon issuance of this Permit, a West Bountiful City business license will be issued. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  Mayor Kenneth Romney WEST BOUNTIFUL Chairman Alan Malan City Engineer/ Zoning PLANNING COMMISSION Administrator 550 North 800 West Commissioners Kris Nilsen West Bountiful, Utah 84087 Laura Charchenko Mike Cottle City Recorder/ Phone (801) 292-4486 Corey Sweat Community FAX (801) 292-6355 Dennis Vest Development Cathy Brightwell NOTICE OF PUBLIC HEARING The West Bountiful Planning Commission will hold a public hearing on Tuesday, August 10, 2021 beginning at 7:30 pm, or as soon as agenda allows. The purpose of the hearing is to receive public comments on the following topics: 1. Proposed updates to the city’s fence regulations. 2. Proposed updates to clear view area regulations. A description of the proposals is available for review at www.WBCity.org under the Public Notice tab. All interested parties are invited to participate in the hearing. Written comments may be submitted prior to the meeting to Recorder@WBCity.org Cathy Brightwell City Recorder  MEMORANDUM TO: Planning Commission DATE: August 6, 2021 FROM: Cathy Brightwell, Kris Nilsen RE: Review Fence Regulations _______________________________________________________________________________ The commission has been considering modifications to the current fencing regulations related to “open fencing” in front yards. The existing fencing code does not make an exception to allow open fencing while most of our neighboring cities do. Open fencing is defined as fencing that is 75% open, such as chain link. Staff has identified many properties in the city with non-compliant front yard fencing, some of which may qualify as open fencing. Clarification and expansion of Clear View Areas is also under consideration. Additionally, the commission asked that the current fencing regulations located in each zone be moved into its own Chapter – WBMC 17.50, that will apply to all fencing regardless of zone. Staff provided draft amendments to the current regulations at the July 13 and July 27, 2021, meetings. Several additional suggestions were made which are included in the current draft. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 NEW SECTION: 17.50 Clear View Area and Fence Requirements 17.50.010 Purpose. The following standards will govern the height and location of fences, walls, plant growth, or other obstructions to provide adequate open vision of vehicular and pedestrian traffic. 17.50.020 Clear View Area A clear view area shall be maintained at the intersection of every street, whether public or private, and at the intersection of every driveway with a public or private street. The clear view provisions are considered life safety standards and shall supersede any conflicting provisions of this title. No provision of this section shall be construed to allow the continuance of any nonconforming tree, shrub, plant or plant growth, fence, wall, or other screening material, or other obstruction which interferes with the safety of pedestrians or vehicle traffic. A. The clear view area for a street intersection shall be determined by measuring forty (40) feet from the point of intersection of the back of curb lines, or if there is no curb then edge of asphalt lines, and then connecting the termini of those lines forming a triangle that encompasses a portion of the street right-of-way and the adjoining lot. Within that clear view area, the following shall apply: 1. Solid fences, walls, sight obscuring vegetation and/or other sight obscuring devices shall not exceed two feet (2') in height above the back of curb lines, or if there is no curb then edge of asphalt lines. 2. Chain link fences or fences which are seventy five percent (75%) or more open shall not exceed four feet (4') in height above the back of curb lines, or if there is no curb then edge of asphalt lines. 3. Trees may be located or maintained in such area in excess of the height provided they are pruned clear of all branches between the ground and a height of fourteen (14) feet and are planted at least ten (10) feet apart. Tree canopies or other growth shall not block signs or signals. 4. No sign shall be allowed in the clear view triangle unless it is specifically permitted by this title, and it is determined by the City Engineer that it is not a safety hazard. 5. No obstruction of any sort shall be allowed which interferes with the safety of pedestrians or traffic unless it is specifically permitted by this title, and it is determined by the City Engineer that it is not a safety hazard. 1  6. No vehicle parking. B. The clear view area for the intersection of a driveway and a street shall be determined by first establishing the point of intersection of the driveway edge and the back of curb lines, or if there is no curb then edge of asphalt lines, then measuring ten (10) feet along the of the back of curb lines, or if there is no curb then edge of asphalt, away from the driveway, and ten (10) feet along the edge of the driveway in toward the property. A line is then drawn from the termini of the two (2) lines, forming a triangle. The curb line measurement may be reduced to six (6) feet where existing conditions will not permit ten (10) feet. 1. Solid fences, walls, sight obscuring vegetation and/or other sight obscuring devices shall not exceed two (2) feet in height above the back of curb lines, or if there is no curb then edge of asphalt lines. 2. Chain link fences or fences which are seventy five percent (75%) or more open shall not exceed four (4) feet in height above the back of curb lines, or if there is no curb then edge of asphalt lines. 3. Trees may be located or maintained in such area in excess of the height provided they are pruned clear of all branches between the ground and a height of fourteen (14) feet and are planted at least ten (10) feet apart. Tree canopies or other growth shall not block signs or signals. 17.50.030 Front Yard Fences. Notwithstanding the clear view area regulations listed above, fences installed in a front yard shall comply with all of the following requirements: A. A fence seventy five percent (75%) or more open is allowed up to six (6) feet in height within the front yard setback. The front yard setback is that area including side yards, between the front yard setback line and the front property line; and B. A fence which is not seventy five percent (75%) or more open is allowed up to four (4) feet in height within the front yard setback if located more than three (3) feet from any street right of way or sidewalk, whichever is closer to the primary building on the lot. 17.50.040 Rear and Side Yard Fences A. Rear yard. Fences and walls shall not exceed six (6) feet in height within any rear yard. 2  B. Side yard. Fences and walls shall not exceed six (6) feet in height within any side yard beyond the front setback. Such fence, wall, or hedge shall be no closer to the street than the sidewalk or if no sidewalk, the property line. 17.50.050 Additional Height/Exceptions A. The planning commission may approve the erection of a fence to a height greater than six feet within any required rear yard or side yard upon a showing that the increased height is reasonably necessary to protect the property from an adjacent incompatible land use. B When a fence, wall or hedge is located along a property line separating two lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall or hedge may be erected or allowed to the maximum height permitted as measured from the higher grade. C. A fence enclosing a recreational facility (whether private or public), such as a tennis court, swimming pool, ball diamond, etc., may be allowed up to fourteen (14) feet in height, as long as it is “open style” and not site obscuring, is located at least five (5) feet away from the property line, and is not within the minimum front yard setback area. 17.50.060 Building Permit Required Construction of fences and retaining walls must meet applicable requirements of Title 15 of this Code. A building permit must be secured for construction of all fences over six feet and retaining walls over four feet. ------------------------------ Delete related sections: 17.14.100, 17.16.100, 17.20.100, 17.24.100 3  1 1 West Bountiful City July 13, 2021 2 Planning Commission Meeting 3 PENDING – NOT APPROVED 4 Posting of Agenda - The agenda for this meeting was posted on the State of Utah Public Notice website, 5 on the West Bountiful City website, and at city hall on July 22, 2021, per state statutory requirement. 6 7 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, July 27, 8 2021, at West Bountiful City Hall, Davis County, Utah. 9 Those in Attendance: 10 MEMBERS ATTENDING: Chairman Alan Malan, Mike Cottle (via Zoom), Dee Vest, Corey Sweat, 11 Laura Charchenko, Council member Kelly Enquist. 12 13 STAFF ATTENDING: Kris Nilsen (City Engineer), Cathy Brightwell (Community Development), 14 and Debbie McKean (Secretary). Steve Doxey (City Attorney) via Zoom. 15 VISITORS: John Janson, Jake Young 16 17 18 The Planning Commission meeting was called to order at 7:30 pm by Chairman Malan. 19 1. Prayer by Commissioner Vest 20 21 22 2. Accept Agenda 23 Laura Charchenko moved to approve the agenda as presented. Corey Sweat seconded the 24 motion. Voting was unanimous in favor among all members present. 25 26 27 3. Consider Proposed Changes to WBMC 17.82, Accessory Dwelling Units 28 29 Included in the commissioner’s packet was a memorandum from Cathy Brightwell, Kris Nilsen, 30 Steve Doxey, John Janson, and Jake Young dated July 22, 2021, regarding Proposed Updates to 31 Accessory Dwelling Unit Regulations with an attached redline and clean copy of the proposed 32 changes to WGBMC 17.82. 33 34 Cathy Brightwell informed the commission that as staff was making the final changes as 35 directed by the commission at the last meeting, they thought a little more discussion on 36 enforcement and penalties was needed before going to city council. WBMC 17.08.050 is 37 referenced in the new ADU ordinance and says that a person who violates any of the provisions 38 shall be guilty of a Class B misdemeanor, but it does not provide any details or process. 39  2 40 Additionally, staff provided the following policy suggestions for commissioner’s consideration. 41 42 Process for having an ADU. 43 1. Submit an application to register an ADU. If construction is necessary, the application will 44 accompany a building permit application. This Registration will provide the necessary 45 information to determine if the ADU complies with our city code and building code. Once 46 approved, it will be used to track the ADU. 47 2. Prior to issuance of a certificate of occupancy (for new construction and/or conversion) an 48 ADU Agreement will be signed and recorded on the property. This agreement will include 49 the regulations that must be followed to have an ADU and provide notice to future 50 owners of the property. 51 3. Both of these documents will be required regardless of whether the homeowner intends 52 to use the ADU as separate living quarters. 53 54 Enforcement & Penalties for Non-compliance. 55 1. When the city becomes aware that an ADU is being operated in a manner inconsistent 56 with ADU regulations, notice will be provided to the homeowner that penalties may be 57 imposed if the violation is not corrected within 30 days. This may include an inspection of 58 the property. 59 2. If the city determines that the violation is continuing, monetary fines may be imposed, the 60 registration will be revoked, and a notice of non-compliance will be recorded on the 61 property. 62 3. If the homeowner continues to be non-compliant, the city may prosecute. 63 64 There was discussion about how enforcement should be handled and who will do it. Cathy 65 Brightwell explained that a non-officer police employee has responsibility to handle minor code 66 enforcement issues, but this issue might be better handled by the zoning administrator, Kris 67 Nilsen. Chairman Malan suggested that the details of enforcement can be discussed at a later 68 time and should not delay the proposed draft being sent to city council. Steve Doxey also 69 recommended to put the ADU in place and then follow up with the penalty process later. 70 71 John Janson spoke about using the language “registering” an ADU. He suggested the process 72 should be a simple application not a registration. Kris Nilsen noted that we need to have a way 73 to identify the ADU and track its use, but it doesn’t matter whether it’s an application for ADU 74 or a registration. The result will be the same. We want to have something that can be revoked if 75 the property owner is out of compliance. After discussion, it was decided that the word 76 “registration” be deleted and replaced with Application for ADU. 77 78 4. Discuss Proposed Changes to Housing in Certain Commercial Areas Overlay (HCCO) 79 and Set Public Hearing for August 10, 2021 80 81 Commissioner packets included a memorandum from Cathy Brightwell, Kris Nilsen, Steve 82 Doxey, John Janson, Jake Young dated July 22, 2021, regarding Housing in Certain Commercial 83 Areas Overlay (HCCO) with a redline copy of 17.42 Housing in Certain areas Overlay (HCCO).  3 84 85 Cathy Brightwell noted that an overlay to allow housing in certain commercial areas was 86 discussed at the April 27, 2021, joint meeting with city council and the planning commission 87 was asked to work on the issue and make a recommendation. 88 89 The commission has reviewed and discussed several versions of the attached proposal over the 90 past three months and directed staff to make a final set of amendments for review prior to 91 setting a public hearing, tentatively scheduled for August 10, 2021. 92 93 Review: 94 Chairman Malan suggested the language on page 5 be more specific on bike parking. Some 95 discussion took place regarding how to clarify the language. It was suggested to change the 96 language to a “minimum of 10%” which will be in addition to the total required parking stalls. 97 Steve Doxey noted that bike parking could be different for different types of developments, and 98 we may want some flexibility for the developer to propose what is needed instead of the city 99 requiring it. 100 101 There was discussion about whether it is necessary to specify three different building types 102 when the regulations, in large part, apply uniformly among the three types. John Janson 103 clarified that each have their own specific requirements. Laura Charchenko asked if there 104 might be a case where a different type was requested other than the three options. Mr. Young 105 said the list was pretty broad and should be enough to choose from. If not, a developer could 106 come and suggest a different option and then code could be changed. 107 108 Some discussion took place regarding landscaping requirements especially during drought 109 conditions. There was some concern that the required minimums might be too low. It was 110 decided to keep the minimums as presented in the redline. 111 112 Chairman Malan said this is a good beginning even though he predicts things will change within 113 a year and we may have to readdress this ordinance again. 114 115 Staff will make the noted changes and present a clean draft. Steve Doxey will review and make 116 his legal changes. A public hearing will be tentatively scheduled for August 10, 2021, unless 117 more changes are made that would require more review and discussion from the commission. 118 119 5. Discuss New Clear View Area and Fence Regulations (WBMC17.50) and Set Public 120 Hearing for August 10, 2021 121 122 Commissioner packets included a memorandum dated July 22, 2021, from Cathy Brightwell and 123 Kris Nilsen regarding Fence Regulations with a draft copy of the new Section: 17.50 Clear View 124 Area and Fence Requirement. 125  4 126 Cathy Brightwell noted that the existing fencing code does not allow open fencing in front yards 127 while most of our neighboring cities permit it. Open fencing is defined as fencing that is 75% 128 open, such as chain link. 129 130 Staff has identified many properties in the city with non-compliant front yard fencing, some of 131 which may qualify as open fencing. Clarification and expansion of clear view areas is also under 132 consideration. Additionally, the commission asked that the current fencing regulations located 133 in each zone be moved into its own Chapter – WBMC 17.50, that will apply to all fencing 134 regardless of zone. 135 136 There was discussion about the new clear view area descriptions, one for street intersections 137 and one for driveways. Kris Nilsen noted that the language for street intersections is clear, but 138 the driveway clear view area was clarified. There are some instances where we cannot change 139 an existing property to allow a new property to meet the requirements due to existing 140 landscape, fences, etc. To address this issue the curb and driveway measurements may be 141 reduced to six feet where existing conditions will not permit ten feet. Theis will still provide 142 adequate site lines. 143 144 Cathy addressed the regulations for maintenance of street side tree height. Current code does 145 not list a minimum height requirement for trees to be pruned on the street side. It only states 146 that trees must be a minimum of eight feet above the sidewalk. However, the city has asked 147 residents to keep their trees pruned to 14 feet to accommodate snowplows and garbage trucks. 148 Discussion took place and it was determined that this clear view section of code will require 149 branches to be at least fourteen feet over the sidewalk and street. 150 151 In Section 17.50.050.D Additional Height/Exceptions for fences abutting the interstate freeway, 152 it was decided that this subsection is not needed and will be deleted. 153 154 Staff will make suggested changes and legal will review it. A public hearing will be set for 155 August 10, 2021. 156 157 6. Discuss Implementing Water Efficient Landscape Regulations. 158 159 Commissioner packets included a memorandum dated July 22, 2021, from Cathy Brightwell and 160 Kris Nilsen regarding Water-wise landscape regulations, with an attached copy of the city’s 161 current landscape ordinance, and a copy of the Weber Basin Water Efficient Landscape 162 template for review and discussion. 163 164 Extreme drought conditions continue to plague the state. Utah is the fastest growing state in 165 the nation, and one of the driest. With 100 % of the state experiencing drought, Governor Cox 166 declared a state of emergency due to drought in May and issued an Executive Order on June 8 167 restricting water use at state facilities. In an effort to manage the limited water supply in 2021, 168 Weber Basin Conservancy District implemented watering restrictions in June, and the West  5 169 Bountiful city council followed by adopting Resolution 496-21 implementing the same water 170 restrictions for 2021. 171 172 The city recognizes water as a valuable resource that should be used wisely and as efficiently as 173 possible and supports conservation efforts to protect water supply inventories for both present 174 and future water needs. With 60% of residential water used outdoors, Weber Basin has asked 175 cities to update landscape ordinances to encourage water efficient landscape regulations. 176 177 There was discussion regarding the Weber Basin template. It is very detailed and much of the 178 information is not necessary to include in code. She said staff has not had time to go through it 179 in detail and asked the Commissioner’s to provide any comments and/or suggestions they may 180 have as we work through the document. 181 182 7. Staff Report 183 184 Kris Nilsen: 185 • Progress is being made on the well house but will be slightly delayed due to issues with 186 the building structure block which is back-ordered. Water testing is being done 187 currently. 188 • Porter Lane and 800 West paving has been completed. 189 • Plans are being made to provide an irrigation connection to the golf course from the 190 culinary city system. They are also looking at adding and east west connection at the 191 end of 975 West connecting to the Prospector trail. 192 • Public Works Facility planning is moving toward selecting a designer/contractor. 193 194 Cathy Brightwell: 195 • Laura Charchenko asked if we are looking into getting Google fiber in our city. Cathy 196 explained that it is going into North Salt Lake/Woods Cross because they are close to 197 Salt Lake. We are looking into Utopia currently but could be part of google fiber as it 198 moves closer to our city. 199 • We have a couple new potential businesses. One is a tea shop, and the other is a ramen 200 restaurant. 201 • No further information has been received regarding west side development. 202 203 8. Commission Training- Tabled until next meeting. 204 205 9. Consider Meeting Minutes from July 13, 2021. 206 207 Action Taken: 208 Laura Charchenko moved to approve of the minutes of the July 13, 2021, meeting as 209 presented. Dee Vest seconded the motion and voting was unanimous in favor. 210 211  6 212 10. Adjourn. 213 214 Action Taken: 215 Laura Charchenko moved to adjourn the regular session of the Planning Commission meeting 216 at 9:35 pm. Corey Sweat seconded the motion. Voting was unanimous in favor. 217 218 ...................................................... 219 The foregoing was approved by the West Bountiful City Planning Commission on July 27, 2021, 220 by unanimous vote of all members present. 221 ____________________________________ 222 Cathy Brightwell – City Recorder 223 224 225