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 Mike Cottle Laura Mitchell 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, SEPTEMBER 28, 2021, AT THE CITY OFFICES AGENDA: 1. Prayer/Thought by Commissioner Cottle. 2. Accept Agenda. 3. Public Hearing Adding Landscape Supply as a Permitted Use to the Agricultural Specialty (A-S) Zone. 4. Consider Adding Landscape Supply as a Permitted Use to the A-S Zone. 5. Staff report. 6. Consider Meeting Minutes from September 14, 2021. 7. 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 September 24, 2021 by Cathy Brightwell, City Recorder.  Mayor Kenneth Romney WEST BOUNTIFUL Chairman PLANNING COMMISSION Alan Malan City Engineer/ Zoning Administrator 550 North 800 West Commissioners Kris Nilsen West Bountiful, Utah 84087 Mike Cottle Laura Mitchell City Recorder/ Phone (801) 292-4486 Corey Sweat Community FAX (801) 292-6355 Dee Vest Development Cathy Brightwell NOTICE OF PUBLIC HEARING A public hearing will be held at city hall on Tuesday, September 28, 2021, beginning at 7:30 p.m. by the West Bountiful Planning Commission. The purpose of the hearing is to receive public comment regarding a proposal to add Landscape Supply Uses to the Agricultural Specialty (A-S) Zone. More information can be found under the Public Notice tab at www.WBCity.org. 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: September 24, 2021 FROM: Staff RE: Agricultural Specialty (A-S) Zone – Text Change _________________________________________________________________________________ History Sinc Constructors Co. has arranged a temporary lease of 2.25 acres of South Davis Sewer District (SDSD) property within West Bountiful for the mixing, blending, and stockpiling of select topsoil. Of necessity, this mixing and blending needs to be done in a controlled (dry) environment, free from water, rain, snow, ice or other adverse environmental conditions. They plan to install 1-2 temporary agricultural structures covering about 1-acre for this use. Additional activities may also include 1) providing fill on the site, 2) grading or leveling the property, 3) leaving a stockpile of topsoil for future landscaping, 4) landscaping, 5) storm water control, and 6) nursery or other agriculture operations. As discussed at the September 14 planning commission meeting, the proposed use does not currently fit within the zone and a conditional use as a quasi-public entity does not apply as the work will not be done by or for SDSD. Proposal Based on the discussion at the previous meeting, staff believes adding “Landscape Supply” as a new permitted use to the A-S zone, along with associated regulations and definition, will be the most efficient way to solve the problem. See attached redline draft. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 17.14 Agricultural Specialty District, A-S 17.14.010 Purpose 17.14.020 Permitted Uses 17.14.030 Conditional Uses 17.14.040 Area And Frontage Regulations 17.14.045 Every Dwelling To Be On A Lot; Exceptions 17.14.050 Yard Regulations 17.14.060 Height Regulations 17.14.070 Density 17.14.080 Farm Animal Regulations 17.14.090 Landscape Supply Regulations 17.14.010 Purpose The purpose of the A-S agricultural specialty district is to promote and preserve in appropriate areas conditions favorable to agriculture and maintaining greenbelt open spaces. This district is intended to include activities normally and necessarily related to agricultural use, and to protect the district from the intrusion of uses harmful to the continuance of agricultural activity. It is intended to allow associated residential uses, the keeping of limited numbers of animals and fowl, and reduced requirements for public utilities. 17.14.020 Permitted Uses The following uses are permitted in the A-S agricultural specialty district: A. Agricultural; B. Single family dwelling; C. Farm Animals; D. Home Occupations; E. Accessory dwelling units (ADU); E.F. Landscape Supply; F.G. Medical cannabis pharmacy, as defined in Chapter 17.62; and G.H. Cannabis production establishment, as defined in Chapter 17.62. 17.14.030 Conditional Uses The following uses are conditional in the A-S agricultural specialty district: A. Equestrian facilities, commercial stables; B. Public or quasi-public uses; C. Child day care or nursery (pursuant to Chapter 5.28 Home Occupations); D. Flag lots; E. Kennels (pursuant to Chapter 5.28 Home Occupations), and ; F. Restricted Lots (see definitions, Section 17.04.). 17.14.090 Landscape Supply Regulations A. The outdoor storage regulations in Chapter 17.92, and specifically as applied to the C-H Zoning District, shall apply. B. Topsoil preparation, landscape rock preparation, or other processing activities must occur in an enclosed structure. C. Outdoor lighting on the site must be downlighting, with no light fixture at a height greater than 20 feet. D. Deliveries and exports of soil, gravel, and rocks must be covered loads. E. A SWPPS plan must be submitted at time of business license application. F. No processing or deliveries on the site shall be allowed before 7:00 am or after 10 pm. 17.04.030 Definitions “Landscape Supply” is a business that provides landscaping services and supplies, including trees, shrubs, flowering plants, groundcovers, sod, mulches (organic and inorganic), landscape rock, topsoil preparation, and landscape rock preparation.  1 1 West Bountiful City September 14, 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 5 website, on the West Bountiful City website, and at city hall on September 10, 2021, per state 6 statutory requirement. 7 8 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, 9 September 14, 2021, at West Bountiful City Hall, Davis County, Utah. 10 Those in Attendance: 11 MEMBERS ATTENDING: Chairman Alan Malan, Dee Vest, Corey Sweat, Laura Mitchell, Council 12 member Kelly Enquist. 13 14 STAFF ATTENDING: Duane Huffman (City Administrator), Kris Nilsen (City Engineer), and Debbie 15 McKean (Secretary) 16 EXCUSED: Commissioner Mike Cottle, Cathy Brightwell (Recorder) 17 VISITORS: John Janson, Jake Young, Steve Sowby, Mike Sowby, Tom Williamson, Jay Larsen, 18 Stephen Sonkens, Betty Vowles 19 20 The Planning Commission meeting was called to order at 7:30 pm by Chairman Malan. 21 1. Prayer by Commissioner Dee Vest. 22 23 2. Accept Agenda 24 Corey Sweat moved to approve the agenda striking Agenda item 8- Commission Training. Laura 25 Mitchell seconded the motion. Voting was unanimous in favor among all members present. 26 27 3. Public Hearing- Housing in Certain Commercial Areas Overlay Ordinance- WBMC 28 17.42 29 Kris Nilsen introduced WBMC 17.42- Housing in Certain Commercial Areas Overlay ordinance 30 and invited the public to respond with their comments or concerns on the redline draft 31 provided this evening. 32 33 Action Taken 34 Corey Sweat moved to open the public hearing for public comment at 7:35 pm. Dee Vest 35 seconded the motion and voting was unanimous in favor. 36 37 38  2 39 Public Comments: 40 41 Tom Williamson, President of Chasebrook (Gateway Shopping Center), owns property on 500 42 West/500 South and stated that he is seeing that mixing retail and residential is becoming very 43 successful and allows flexibility in situations where online shopping has reduced sales. He 44 supports the cities proposal. 45 46 Action Taken 47 Laura Mitchell moved to close the public hearing. Corey Sweat seconded the motion and 48 voting was unanimous in favor. 49 50 4. Consider New Ordinance, WBMC 17.42- Housing in Certain Commercial Areas 51 Overlay 52 53 A redline copy of Ordinance WBMC 17.42 that incorporates comments from previous meetings 54 was presented for final review and approval. The copy has been reviewed by staff, consultants, 55 and Steve Doxey. Staff and consultants John Janson and Jake Young are available for questions. 56 57 The commissioners reviewed the draft page by page and questions and concerns were 58 addressed. 59 60 On page 7, paragraph 3, #6, Commissioner Sweat recommended that the requirement for 10% 61 electric vehicle charging facilities be removed. He is concerned that the number being required 62 far exceeds the current number of electric vehicles on the road. John Janson noted that the 63 goal is to look forward as the future will likely demand more charging capabilities and 10% is a 64 current standard. Mr. Sweat suggested a specific number not be required as part of the 65 ordinance but encouraged with the specific number to be discussed and decided as part of a 66 development agreement. Council member Enquist suggested that infrastructure/conduit could 67 be required so that wiring can be easily completed as needed. After some discussion, it was 68 decided that the ordinance would include the requirement to have vehicle charging 69 infrastructure in place for 10% of the units and the total number of working charging stations 70 would be decided as part of a development agreement. 71 72 Action Taken 73 Laura Mitchell moved to approve and forward to city council the proposed WBMC 17.42- 74 Housing in Certain Commercial Areas Overlay with a change on Page 7, #6 strongly 75 encouraging vehicle charging stations in garages and carports with the actual number to be 76 addressed in a development agreement. Ten percent of garages and carports will be required 77 to include infrastructure for electric vehicle charging stations. Corey Sweat seconded the 78 motion and voting was unanimous in favor. 79 80 5. Request for Conditional Use Permit by South Davis Sewer District to Install a 81 Temporary Structure to Mix, Blend, and Stockpile Select Topsoil on the East 82 Portion of Parcel #06-031-0300.  3 83 84 Commissioner packets included a memorandum dated September 10, 2021, from Staff 85 regarding South Davis Sewer District’s (SDSD) request for a conditional use permit to allow the 86 mixing, blending, and stockpiling of select topsoil on 2.25 acres of their property. A temporary 87 structure, as shown on the site plan, will be necessary to provide a controlled (dry) 88 environment, free from water, rain, snow, ice, or other adverse environmental conditions. 89 Additional activities may also include 1) providing fill on the site, 2) grading or leveling the 90 property, 3) leaving a stockpile of topsoil for future landscaping, 4) landscaping, 5) storm water 91 control, and 6) nursery or other agriculture operations. 92 93 Duane Huffman introduced the proposal from SDSD and requested that the item be pulled from 94 consideration so that staff can figure out how best to process the request. A conditional use 95 application as a quasi-public entity for this request does not apply since the activities will not be 96 conducted by SDSD but instead a contract provider, Sinc Construction. There are no other uses, 97 either permitted or conditional, listed in the A-S zone that apply to the request. The definition 98 for agricultural uses are very specific to animals and the production of food. He noted that 99 additional uses could be created to address this situation. 100 101 Mr. Huffman invited the applicant to present their proposal until more research can be done on 102 how to process the request. He stated that staff has no concerns about the project but needs 103 to work through legal issues to process the request. 104 105 Steve Sowby took the stand and introduced himself as the engineer for Sinc Construction. He 106 showed the Commissioners pictures of the project and noted that the process of creating 107 perfect topsoil will be completely enclosed in a large tent-like structure. The temporary 108 structure will be 73 feet wide, 250 feet long, and 34 feet high – the size of half a football field 109 and will go through the building permit process (there could be two structures). The main use 110 will be processing, mixing, blending, hauling, and stockpiling topsoil. Trucks will go inside the 111 structure limiting noise and dust, etc. and traffic will go unnoticed. He noted that there will be 112 other uses like making road base for the SDSD’s future algae project. They have a 3 year lease 113 but SDSD may want structure to remain after project is done. This type of topsoil is used mainly 114 on buildings that need a lightweight soil. The main customer they would service at this time is 115 the Church of Jesus Christ of Latter-Day Saints. Mr. Sowby said he would be supportive of a text 116 change in our current ordinance but is not in favor of a zone change because that could affect 117 the Sewer District’s future activities. 118 119 Some discussion took place regarding ideas for how to resolve this issue in a timely way. There 120 is a preference to create a permitted use that fits the situation rather than conditional use. 121 122 Action Taken: 123 Corey Sweat moved to table item #5 until further research can be done by staff. Laura 124 Mitchell seconded the motion and voting was unanimous in favor. 125 126  4 127 6. Staff Report 128 129 Kris Nilsen: 130 • 400 North well is awaiting the block to be delivered for the structural building. 131 • Public Works building is about 50% planned. 132 • Shade structures are here for the pickle ball court. 133 134 Duane Huffman 135 • The fence ordinance is being reviewed by the City Council and tweaks are being made. 136 • Ivory Homes is interested in purchasing and developing the entire Plum property on the 137 west side, not just the portion they have currently purchased. There will be a mass 138 dumping of dirt on the property and the city will monitor the traffic and activity during 139 that time. All loads will be covered. 140 • The Smith property that includes property in both Woods Cross and West Bountiful has 141 been purchased and they will need to come to our city to have discussion about their 142 development plans. 143 • Wood Cross city will be getting a new city administrator in a month and a new mayor in 144 January. 145 146 7. Consider Meeting Minutes from August 24, 2021. 147 148 Action Taken: 149 Dee Vest moved to approve of the minutes of the August 24, 2021, meeting as presented. 150 Corey Sweat seconded the motion and voting was unanimous in favor. 151 152 8. Commission Training- Training was postponed due to Cathy Brightwell being 153 excused from this meeting. 154 155 9. Adjourn. 156 157 Action Taken: 158 Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 159 8:30pm. Corey Sweat seconded the motion. Voting was unanimous in favor. 160 161 ...................................................... 162 The foregoing was approved by the West Bountiful City Planning Commission on August 6, 2021, 163 by unanimous vote of all members present. 164 ____________________________________ 165 Cathy Brightwell – City Recorder