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, OCTOBER 26, 2021, AT THE CITY OFFICES AGENDA: 1. Prayer/Thought by Commissioner Vest. 2. Accept Agenda. 3. Conditional Use Application for Home Occupation Business at 963 Meadowlark Lane – John & Jessica Nelson. 4. Review Additional Options to the Housing in Certain Commercial Areas Overlay Draft Ordinance, WBMC 17.42. 5. Update on West Bountiful Public Works Building at 1410 W 1200 North. 6. Staff report. 7. Consider Meeting Minutes from September 28, 2021. 8. 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 October 22, 2021, by Cathy Brightwell, City Recorder.  MEMORANDUM TO: Planning Commission DATE: October 22, 2021 FROM: Staff RE: Conditional Use Permit Request for a Home Occupation Business at 963 Meadowlark Lane (963 W 1850 N) for John & Jessica Nelson. ________________________________________________________________________________ John and Jessica Nelson have applied for a Home Occupation business license and associated Conditional Use permit to resell equipment such as power tools, gym equipment and weights. Their application explains that they buy wholesale goods and sell on local classified sites such as Facebook marketplace and KSL.com and buyers pick up items in person or they are delivered. License Requirements - WBMC 5.04.010 defines “Business” as all activities engaged in within the corporate limits of West Bountiful carried on for the purpose of gain or economic profit… - “Engaging in business” means the sale of tangible personal property or the rendering of personal services for others for a consideration by persons engaged in any trade, craft, business, occupation, profession, or other calling, … but includes the operation of storage buildings or storage warehouses for the storing of motor vehicles, trailers, boats, and other household equipment or personal property. - WBMC 5.28.010, defines “Home occupation” as any occupation conducted within a dwelling and carried on only by persons residing in the dwelling, which is clearly incidental and secondary to the use of the dwelling and for which a Home Occupation Business License has been issued by the city. The ordinance goes on to say that the purpose of the Home Occupation regulations is to protect the residential character and lifestyle of residential zones. - WBMC 5.28.040.G states that the Home Occupation must be operated entirely within the approved dwelling, except that 25% of a garage or accessory building or structure on the same property as the dwelling may be used, so long as it does not change the residential character of the lot or would otherwise be contrary to the purpose of this chapter. - A Home Occupation business license application requires the applicant to notify neighbors within 300 feet that they have applied with the city to operate a business from their home. Neighbor signatures are requested to show that notice of the home occupation has been given. A list of neighbor signatures was provided with the application. - All businesses in the State of Utah need to be registered and obtain a State ID number. - Every seller with an established presence in Utah must have a Utah Sales Tax License. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 History The city began receiving complaints from neighbors in late 2020 claiming that the Nelson’s were operating a business. Large truck deliveries onto the street and increased customer traffic had changed the residential character of the neighborhood. (See attached pictures.) The city contacted Mr. Nelson and told him he could not run a business out of his home without an approved license. He was provided a business license application and copy of home occupation regulations to review. He responded that they had “moved a bunch of stuff to their storage unit and would be mostly selling from there.” He added that they were going to pursue finding their own retail space outside of the city. Similar complaints continued into spring and through the summer. Mr. Nelson was again told that he needed to stop his operation or submit a business license application, which he agreed to do. Due to the neighbor protests and questions about the impact this business has on the neighborhood, staff determined that a conditional use application is appropriate so that the planning commission could consider the issues. Mr. Nelson has explained to staff that no part of the business is conducted in the dwelling, only storage of merchandise in the garage. City staff inspected the property and found that no equipment appeared to be stored in the large accessory building; rather, inventory storage is limited to a portion of the attached garage. Planning Commission Options: 1. A conditional use shall be approved if reasonable conditions can be imposed to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. Provide findings to support decision. Possible conditions include: a. The home occupation must meet the requirements of WBMC 5.28 – Home Occupations, including the requirements specified in these conditions to protect the residential character and lifestyle of residential zones. b. The home occupation will be limited to a home office in the dwelling. Use of any portion of a garage or accessory structure on the property for business purposes that exceeds 25% is prohibited. c. Delivery of merchandise will be limited to “x” size truck, “x” times per week/month, between the hours of 8 am and 7 pm. d. Delivered merchandise may at no time be placed on the street right-of-way. e. Customer pick-ups will be scheduled between 8 am and 7 pm with no more than one customer per hour so that neighborhood traffic is limited. f. Sufficient off-street parking will be provided for customer vehicles when picking up merchandise. g. Outdoor storage related to the home occupation will not be permitted (WBMC § 5.28.040.I). h. Applicant will comply with city and state regulations by applying for and maintaining a current Home Occupation Business License, Utah State Business Registration, and obtaining a Utah Sales Tax ID number. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  2. A conditional use may be denied if the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the imposition of reasonable conditions to achieve compliance with applicable standards. If the planning commission intends to deny the conditional use, it should provide explanation to support its findings and decision. Findings to consider: 1. The proposed use at this particular location is/is not 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, under the circumstances, will/ 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 will/will not inordinately impact streets; 4. The proposed use will/will not provide for appropriate buffering of uses and buildings, proper parking and traffic circulation, and compatibility with adjoining uses; 5. The proposed use will/will not comply with the regulations and conditions specified in the land use ordinance for such use; 6. The proposed use will/will not conform to the intent of the city’s general plan; and 7. The conditions to be imposed in the conditional use permit will/will not mitigate the reasonably anticipated detrimental effects of the proposed use and accomplish the purposes of WBMC § 17.60.040.D. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Merchandise Delivery - June 2021 Nelson - 936 Meadowlark Ln August 16, 2021  MEMORANDUM TO: Planning Commission DATE: October 22, 2021 FROM: Staff RE: Housing in Certain Commercial Areas Overly (HCCO) Discussion ______________________________________________________________________________ The city council has reviewed the new Housing in Certain Commercial Areas overlay (“HCCO”) as recommended by planning commission. They discussed the advantages of adding more flexibility by shifting the original draft’s requirements to recommendations on site and building design. As these changes impact the recommendation made by planning commission, staff was directed to present the alternate proposal for further planning commission consideration and comments. Attached are two drafts of WBMC 17.42, the Planning Commission recommendation and Alternate A. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  10/19/2021 – Alternate A 17.42 Housing in Certain Commercial Areas Overlay (HCCO) 17.42.010 Purpose The purpose of this chapter is to introduce residential uses within specified commercial areas, creating a greater mix of uses in locations that provide transportation options and access to needed services. 17.42.020 Applicability The Housing in Certain Commercial Areas Overlay (HCCO) shall be applied only to the C-H and C-G zones along 500 West, 400 North, and 500 South. Approval of the HCCO constitutes a rezone, which may be approved or denied in the City Council’s sole discretion. The HCCO includes the uses currently allowed in the underlying zone (C-H or C-G), plus residential uses as described in this chapter. All of the regulations of the underlying zone apply, subject to the more specific or restrictive requirements of this chapter. 17.42.030 Development Agreement All applicants receiving HCCO approval shall be required to enter into a development agreement with the City to assure that the development negotiated and defined during the rezone process and required by this chapter is reflected in the actual construction and maintenance of the project. 17.42.040 Uses In addition to the uses allowed in the underlying zone, townhome, multi-family residential, and mixed-use buildings shall be permitted in the HCCO pursuant to the requirements and procedures of this chapter. 17.42.050 Site Design requirements The following guidelines will be used by the City in reviewing proposals. Applicants must explain and justify any proposed deviations. A. Heights and Setbacks 1. All residential buildings in the HCCO shall are recommended to be set back 30 feet from any residential zone. Residential buildings shall are recommended to not exceed 30 feet in height at the minimum setback line, except that townhomes may be up to 35 feet high at the setback line. For multi-family and mixed-use buildings, building height may be increased beyond the 30 foot setback to a maximum height of 60 feet, with an additional one foot setback required for every additional foot of increased height. Stairways, elevator access structures, or rooftop garden structures (such as shade structures) shall not be included in the maximum height calculation, as long as they do not exceed an additional 12 feet in height. 2. Front yard setbacks shall are recommended to be landscaped and shall be a minimum of 20 feet from a public right of way. Buildings taller than 50 feet shall should be setback one additional foot from the minimum setback for each two feet of additional height over 50 feet. Only 500 West, 500 South, and 400 North streets (and not I-15) shall should be considered public rights of way for purposes of the front yard setback and building orientation. 3. Rear and side yard setbacks shall are recommended to be a minimum of ten feet except next to a residential zone, in which case the requirements of Section 17.42.050.A.1 apply. 1  10/19/2021 – Alternate A B. Building Orientation. Buildings shall are recommended to face the adjacent public right of way. Buildings located behind other buildings or designed to face a driveway or drive aisle, may be oriented a different direction, except that they may should not face a residential zone. New residential buildings shall are recommended to include a six foot walkway to connect to a sidewalk along 500 West, 400 North, 500 South, or 1100 West, as appropriate. C. Dumpsters. Dumpsters shall are recommended to be located to the side, to the rear, or in the interior of the building and shall should be enclosed on three sides with a six-foot masonry wall and the fourth side shall include a gate. D. Lighting. All lighting shallis recommended to be directed downward and shielded to prevent light trespass beyond the property line. Lighting fixtures shall are recommended to be dark sky compliant with a cutoff shield not allowing light to go upward. LED light fixtures are requiredrecommended. Parking lot lights shall are recommended to be no taller than 20 feet. The following locations, at a minimum, shall should be lighted: building entrances, sidewalks to parking, parking areas, outdoor gathering plazas and driveway entrances to the site. E. Landscaping. Ten percent of the total site (including building, parking, and setbacks) shall is recommended to be landscaped and include irrigation. The site landscape shall should include a minimum of 5 trees and 15 shrubs per acre. Trees shallshould be a minimum of 1.5 inch caliper and shrubs a minimum of 5-gallon; two 1-gallon ornamental grasses or perennials equal one shrub up to 50% of the shrub requirement. The use of xeriscape materials such as rock or wood mulches (including a weed mat) are allowed for up to 50% of the landscaping. Water efficient landscaping is requiredrecommended. Within the landscape areas a maximum of 50% coverage may be turfgrass. No turfgrass shall should be allowed in areas less than 10 feet in width; these areas must should be landscaped with shrubs, trees, rocks, or mulch. Setbacks adjacent to a residential zone, as described in Section 17.42.050.A, shall should be landscaped. Required bBuffering of adjacent residential zones shall should include a six-foot masonry wall located on the property line (subject to the fencing and clear view requirements of Chapter 17.50); medium to large trees planted every 30 feet; and an inert mulch, including synthetic turf; and turf/groundcover at a 50/50 ratio. Such areas may also incorporate spaces for recreational activities; provided, that no swimming pool, court, playground, or other recreational facility shall should be located within 15 feet of a residential zone. Irrigation systems shall are recommended to be managed by an EPA waterwise irrigation controller. Smart irrigation practices such as drip and sensors are encouraged. A landscape and irrigation plan, stamped by a professional landscape architect, engineer, or certified irrigation designer, including plant locations/types, grading, and irrigation systems, must be submitted for review and approval by City staff. F. Park Space Options and Requirements. Ten percent of the total site is required recommended to be devoted to usable passive or active recreation space. This is in addition to the required recommended landscape area, except that landscape areas that include usable recreation space shall should count toward the park space area requirement. Usable recreation space includes squares, plazas, active recreation (courts and fields), community gardens, and patios. The availability to the public of such spaces will be negotiated in the development agreement. 2  10/19/2021 – Alternate A Roof top gardens and leisure spaces are encouraged and may count toward up to 50% of the park space area requirement. Where roof tops are proposed for use as garden and/or recreation space, parapet walls shall be at least four feet high; or secure, decorative fencing (not chain link) at least two feet in height shall be installed on top of the two foot parapet wall required under Section 17.42.060.A. A passive people-oriented plaza surrounding the primary building entrance of at least 2,500 square feet, with shade trees and seating for residents, shall is recommended to be included. The plaza shall should count toward the park space area requirement. G. Twenty-four hour on-site management is required recommended for complexes containing more than 20 residential units. For projects with 20 or fewer units, on-site management is encouraged. 17.42.060 Building Design RequirementsGuidelines The following guidelines will be used by the City in reviewing proposals. Applicants must explain and justify any proposed deviations. A. Building Materials Exterior materials of a durable or resilient nature such as brick, stone, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics are requiredrecommended. New development shall should incorporate timeless common, locally found materials such as granite, stone, sandstone, and brick for at least 65% of the first floor façade of each building, excluding the windows. All stories above the first floor shall should incorporate the above specified materials for at least 50% of the façade. The planning commission may consider other materials for soffits, or as accents or unique architectural features. Twenty-five year guarantee architectural shingles or other longer-lasting materials are requiredis recommended for sloped roofs. Flat roofs shall should be encompassed by a parapet wall with a minimum height of two feet, where no recreational uses of the roof are anticipated. B. Façade Treatments and Size No single building shall should exceed 200 feet in length or width. No new building elevation may should exceed 100 feet in length without at least a three-foot variation in the depth of the façade along the public right of way or any façade that faces the required plaza, and a two-foot variation on 3  10/19/2021 – Alternate A other facades. Residential unit balconies shall should not be interpreted to meet this requirement. Top floors shall should have architectural differentiation from the other floors of the building and roof lines shall vary every 50 feet, at a minimum. For first floor uses in a mixed-use building, the appearance of small shops or storefronts with variation in the first floor façade every 30 feet or less is requiredrecommended. C. Building types. Residential uses in the HCCO may be incorporated into one or more of the following building types. 1. Townhome - Horizontally attached units in a rowhouse configuration, usually divided into lots for ownership purposes. Townhomes may be located in a one- to three-story building consisting of three to eight attached dwelling units and may be arranged in groups of such buildings. This building type can include live/work units, which shall be specified in the development Townhome examples agreement. Private garages are requiredrecommended and shallshould be located at the rear of the building, allowing the primary façade to front a public street or a greenspace/courtyard having a usable outdoor space that allows for active and passive recreation. Private garages shall should be wired for at least one 220-volt line for electrical vehicle charging. Common guest parking shall should not include any driveway that accesses a garage. 4  10/19/2021 – Alternate A 2. Multi-family –A multi-story residential building arranged or designed with more than four dwelling units, which may be divided into condominium units or be a for rent product. Multi-family examples 3. Mixed Use – General retail, office, and residential uses vertically integrated in the same building that features consistent approaches to lighting, landscaping, signage, building design, and materials use. Intended for a mix of primarily residential use with retail or commercial office uses located on the first floor. Mixed-use examples 5  10/19/2021 – Alternate A D. Windows. In mixed-use buildings, windows (including windows in doors) shall should cover a minimum of 50 percent of the front first story face. For all other building types and facades of a mixed-use building, windows (including windows in doors) shall should cover at least 25 percent of all facades. E. Balconies. For the residential portions of buildings, one balcony shall should be constructed with a minimum of sixty (60) square feet per unit. Terraces and ground level porches and patios of similar size shall could also be permitted and shallwould count toward the balcony requirementrecommendation. F. Entrances. Entrances shall should be recessed or covered to provide shelter from inclement weather. Porte cocheres are also permitted. G. Parking Requirements. 1. Location of Parking and Parking Garages. Parking for a multi-family residential or mixed-use building shallshould be located underneath, within (as in podium-style parking), to the side, or to the rear of the building. An above or partially above grade parking garage within the interior of a building having more than 20 residential units, if located within 50 feet of a public right-of- way, shall should include commercial uses that wrap the street-facing façade. No visible podium parking is allowed recommended fronting on 500 West, 400 North, 500 South or 1100 West unless such parking is wrapped with commercial uses on the street-facing facade. If an above grade or a partially above grade parking garage is incorporated into a building that is located more than 50 feet from a public street, any portions above ground shall should be designed to complement the building in a manner that the parking garage is not readily discernable as such or is surrounded with a five foot-wide intensive landscape treatment that includes trees and shrubs covering at least 75 percent of each parking garage façade. 2. All projects of any building type shall should provide the following minimum number of parking spaces: Studio apartments – 1 space per unit; One bedroom units – 1.5 spaces per unit; Two or more bedroom units – 2 spaces per unit. All projects shall should provide additional guest parking spaces equal to one guest parking space for every four units. Any parking calculations that result in less than a whole number shall be rounded up. 3. To further evaluate the above parking space requirements for a particular project, the city may require an independent parking study where parking demand calculations exceed 50 spaces, shared parking is being considered, or the proposed use may impact previously calculated parking demands for adjacent uses. Any such study will be managed by the city but paid for by the developer. The city may adjust the above parking requirements recommendations consistent with the parking study’s conclusions to reflect such factors as shared parking and compatible uses. The Planning Commission shall make findings reflecting the study or discounting the study and may suggest modifications of the parking standards guidelines or simply leave the standards as-is. Parking stalls 9-feet by 20-feet are required recommended 6  10/19/2021 – Alternate A but a parking study could also address compact car spaces in terms of size and as a percentage of the overall parking. 4. Shared parking is encouraged based on a parking study, but recommended only for up to 30 percent of the parking demand. The development agreement shall include the terms of shared parking for both the existing uses and proposed new HCCO development. The shared parking requirement is for a minimum of ten years and shall be renewed thereafter. 5. Bike parking is encouraged for residential projects. Bike parking should be well lighted and secure, with a combination of indoor bike storage and exterior bike parking. Where a mixed- use building is proposed, a conveniently located permanently attached bike rack accommodating a minimum of four bikes per building is required recommended for commercial patrons. 6. Residential portions of parking garages and structures, including carports, are strongly encouraged to include 220-volt outlets and associated infrastructure/conduit for personal vehicle charging. The suggested standard is one outlet for every ten residential units; however, the number shall be determined as part of the development agreement. 17.42.070 Signs Signs in the HCCO shall should be governed by Chapter 17.48, except all illuminated signs shall should have downward directed and shielded lighting. Only monument signs and signs on the building are allowedrecommended. 17.42.080 Application Procedures A. General Requirements. An application for the HCCO is considered a rezone application subject to the rezone process provided in this chapter. The application shall be accompanied by a draft development agreement. The application, development agreement template, and their associated requirements are available online and at the city offices. B. Pre-application Conference. The applicant is required to have a pre-application conference with a member of the planning department and city engineer to ascertain the appropriate scope of the project and any additional information or reports that may be required in connection with the application and development agreement. The applicant is also encouraged to meet with the building official and the fire marshal to be advised of how building and fire code requirements may affect the proposed development. C. Required Studies. A geotechnical study is required for any proposed building over one story. A traffic study is required for projects with 50 or more residential units. D. Fees. In addition to the initial rezone application fee for the HCCO, the applicant will pay for any studies required as part of the approval process. All such studies will be procured and managed by city staff. Any unused funds will be refunded to the applicant or transferred to be used as payment toward other application fees, at the request of the applicant. For all proposed rezones and 7  10/19/2021 – Alternate A associated development plans, a complete application is required before authorization to proceed to the Planning Commission. E. Visual Presentation. If not provided as part of the proposed project application, the applicant shall provide for the review of the Planning Commission and the City Council a visual presentation, preferably using computer graphics, depicting the buildings to be constructed and siting for the proposed development within the context of existing, surrounding development. F. Planning Commission Review of Initial Rezone Application; Preparation of Proposed Development Agreement: 1. The initial application shall be referred to the Planning Commission for review and comment. 2. The City shall mail notice of an initial public hearing to owners of property within 300 feet of the proposed project. 3. The Planning Commission shall make a recommendation to the City Council of approval, approval with modifications/conditions, or denial. Such recommendation shall include any recommended changes/modifications to the draft development agreement. 4. If approval is recommended, the planning department, with the assistance of the city attorney and the concurrence of the applicant, shall prepare a second draft of the development agreement. F. City Council Review and Public Hearing: 1. If city staff and the applicant cannot concur on the terms and conditions of a proposed development agreement, the applicant may prepare and submit their own proposed development agreement, addressing all the required information and any proposed changes contrary to the Planning Commission recommendation. Upon the submission of such agreement, and the submission of any other related project-specific plans requiring approval of the City Council, the application shall be scheduled and noticed for public hearing before the City Council. The City shall mail notice of the public hearing to owners of property within 300 feet of the proposed project. 2. City Council Public Hearing: The initial application, additional reports/information, and planning commission recommendation, together with the proposed development agreement and the complete submission of all other related, project-specific information requiring approval of the City Council, shall constitute a final application for the potential rezone. If approved by the City council, the rezone application and development agreement shall authorize the applicant to proceed with an administrative site plan process. If a subdivision is required, such as for a condominium project or to define a new lot, an administrative subdivision process will follow the approvals by the City Council. 8  9/17/2021 – Planning Commission Recommendation 17.42 Housing in Certain Commercial Areas Overlay (HCCO) 17.42.010 Purpose The purpose of this chapter is to introduce residential uses within specified commercial areas, creating a greater mix of uses in locations that provide transportation options and access to needed services. 17.42.020 Applicability The Housing in Certain Commercial Areas Overlay (HCCO) shall be applied only to the C-H and C-G zones along 500 West, 400 North, and 500 South. Approval of the HCCO constitutes a rezone, which may be approved or denied in the City Council’s sole discretion. The HCCO includes the uses currently allowed in the underlying zone (C-H or C-G), plus residential uses as described in this chapter. All of the regulations of the underlying zone apply, subject to the more specific or restrictive requirements of this chapter. 17.42.030 Development Agreement All applicants receiving HCCO approval shall be required to enter into a development agreement with the City to assure that the development negotiated and defined during the rezone process and required by this chapter is reflected in the actual construction and maintenance of the project. 17.42.040 Uses In addition to the uses allowed in the underlying zone, townhome, multi-family residential, and mixed-use buildings shall be permitted in the HCCO pursuant to the requirements and procedures of this chapter. 17.42.050 Site Design Requirements A. Heights and Setbacks 1. All residential buildings in the HCCO shall be set back 30 feet from any residential zone. Residential buildings shall not exceed 30 feet in height at the minimum setback line, except that townhomes may be up to 35 feet high at the setback line. For multi-family and mixed-use buildings, building height may be increased beyond the 30 foot setback to a maximum height of 60 feet, with an additional one foot setback required for every additional foot of increased height. Stairways, elevator access structures, or rooftop garden structures (such as shade structures) shall not be included in the maximum height calculation, as long as they do not exceed an additional 12 feet in height. 2. Front yard setbacks shall be landscaped and shall be a minimum of 20 feet from a public right of way. Buildings taller than 50 feet shall be setback one additional foot from the minimum setback for each two feet of additional height over 50 feet. Only 500 West, 500 South, and 400 North streets (and not I-15) shall be considered public rights of way for purposes of the front yard setback and building orientation. 3. Rear and side yard setbacks shall be a minimum of ten feet except next to a residential zone, in which case the requirements of Section 17.42.050.A.1 apply. B. Building Orientation. Buildings shall face the adjacent public right of way. Buildings located behind other buildings or designed to face a driveway or drive aisle, may be oriented a different direction, 1  9/17/2021 – Planning Commission Recommendation except that they may not face a residential zone. New residential buildings shall include a six foot walkway to connect to a sidewalk along 500 West, 400 North, 500 South, or 1100 West, as appropriate. C. Dumpsters. Dumpsters shall be located to the side, to the rear, or in the interior of the building and shall be enclosed on three sides with a six-foot masonry wall and the fourth side shall include a gate. D. Lighting. All lighting shall be directed downward and shielded to prevent light trespass beyond the property line. Lighting fixtures shall be dark sky compliant with a cutoff shield not allowing light to go upward. LED light fixtures are required. Parking lot lights shall be no taller than 20 feet. The following locations, at a minimum, shall be lighted: building entrances, sidewalks to parking, parking areas, outdoor gathering plazas and driveway entrances to the site. E. Landscaping. Ten percent of the total site (including building, parking, and setbacks) shall be landscaped and include irrigation. The site landscape shall include a minimum of 5 trees and 15 shrubs per acre. Trees shall be a minimum of 1.5 inch caliper and shrubs a minimum of 5-gallon; two 1-gallon ornamental grasses or perennials equal one shrub up to 50% of the shrub requirement. The use of xeriscape materials such as rock or wood mulches (including a weed mat) are allowed for up to 50% of the landscaping. Water efficient landscaping is required. Within the landscape areas a maximum of 50% coverage may be turfgrass. No turfgrass shall be allowed in areas less than 10 feet in width; these areas must be landscaped with shrubs, trees, rocks, or mulch. Setbacks adjacent to a residential zone, as described in Section 17.42.050.A, shall be landscaped. Required buffering of adjacent residential zones shall include a six-foot masonry wall located on the property line (subject to the fencing and clear view requirements of Chapter 17.50); medium to large trees planted every 30 feet; and an inert mulch, including synthetic turf; and turf/groundcover at a 50/50 ratio. Such areas may also incorporate spaces for recreational activities; provided, that no swimming pool, court, playground, or other recreational facility shall be located within 15 feet of a residential zone. Irrigation systems shall be managed by an EPA waterwise irrigation controller. Smart irrigation practices such as drip and sensors are encouraged. A landscape and irrigation plan, stamped by a professional landscape architect, engineer, or certified irrigation designer, including plant locations/types, grading, and irrigation systems, must be submitted for review and approval by City staff. F. Park Space Options and Requirements. Ten percent of the total site is required to be devoted to usable passive or active recreation space. This is in addition to the required landscape area, except that landscape areas that include usable recreation space shall count toward the park space area requirement. Usable recreation space includes squares, plazas, active recreation (courts and fields), community gardens, and patios. The availability to the public of such spaces will be negotiated in the development agreement. Roof top gardens and leisure spaces are encouraged and may count toward up to 50% of the park space area requirement. Where roof tops are proposed for use as garden and/or recreation space, parapet walls shall be at least four feet high; or secure, decorative fencing (not chain link) at least two feet in height shall be installed on top of the two foot parapet wall required under Section 17.42.060.A. 2  9/17/2021 – Planning Commission Recommendation A passive people-oriented plaza surrounding the primary building entrance of at least 2,500 square feet, with shade trees and seating for residents, shall be included. The plaza shall count toward the park space area requirement. G. Twenty-four hour on-site management is required for complexes containing more than 20 residential units. For projects with 20 or fewer units, on-site management is encouraged. 17.42.060 Building Design Requirements A. Building Materials Exterior materials of a durable or resilient nature such as brick, stone, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics are required. New development shall incorporate timeless common, locally found materials such as granite, stone, sandstone, and brick for at least 65% of the first floor façade of each building, excluding the windows. All stories above the first floor shall incorporate the above specified materials for at least 50% of the façade. The planning commission may consider other materials for soffits, or as accents or unique architectural features. Twenty-five year guarantee architectural shingles or other longer- lasting materials are required for sloped roofs. Flat roofs shall be encompassed by a parapet wall with a minimum height of two feet, where no recreational uses of the roof are anticipated. B. Façade Treatments and Size No single building shall exceed 200 feet in length or width. No new building elevation may exceed 100 feet in length without at least a three-foot variation in the depth of the façade along the public right of way or any façade that faces the required plaza, and a two-foot variation on other facades. Residential unit balconies shall not be interpreted to meet this requirement. Top floors shall have architectural differentiation from the other floors of the building and roof lines shall vary every 50 feet, at a minimum. For first floor uses in a mixed-use building, the appearance of small shops or storefronts with variation in the first floor façade every 30 feet or less is required. 3  9/17/2021 – Planning Commission Recommendation C. Building types. Residential uses in the HCCO may be incorporated into one or more of the following building types. 1. Townhome - Horizontally attached units in a rowhouse configuration, usually divided into lots for ownership purposes. Townhomes may be located in a one- to three-story building consisting of three to eight attached dwelling units and may be arranged in groups of such buildings. This building type can include live/work units, which shall be specified in the development Townhome examples agreement. Private garages are required and shall be located at the rear of the building, allowing the primary façade to front a public street or a greenspace/courtyard having a usable outdoor space that allows for active and passive recreation. Private garages shall be wired for at least one 220-volt line for electrical vehicle charging. Common guest parking shall not include any driveway that accesses a garage. 4  9/17/2021 – Planning Commission Recommendation 2. Multi-family –A multi-story residential building arranged or designed with more than four dwelling units, which may be divided into condominium units or be a for rent product. Multi-family examples 3. Mixed Use – General retail, office, and residential uses vertically integrated in the same building that features consistent approaches to lighting, landscaping, signage, building design, and materials use. Intended for a mix of primarily residential use with retail or commercial office uses located on the first floor. Mixed-use examples 5  9/17/2021 – Planning Commission Recommendation D. Windows. In mixed-use buildings, windows (including windows in doors) shall cover a minimum of 50 percent of the front first story face. For all other building types and facades of a mixed-use building, windows (including windows in doors) shall cover at least 25 percent of all facades. E. Balconies. For the residential portions of buildings, one balcony shall be constructed with a minimum of sixty (60) square feet per unit. Terraces and ground level porches and patios of similar size shall also be permitted and shall count toward the balcony requirement. F. Entrances. Entrances shall be recessed or covered to provide shelter from inclement weather. Porte cocheres are also permitted. G. Parking Requirements. 1. Location of Parking and Parking Garages. Parking for a multi-family residential or mixed-use building shall be located underneath, within (as in podium-style parking), to the side, or to the rear of the building. An above or partially above grade parking garage within the interior of a building having more than 20 residential units, if located within 50 feet of a public right-of-way, shall include commercial uses that wrap the street-facing façade. No visible podium parking is allowed fronting on 500 West, 400 North, 500 South or 1100 West unless such parking is wrapped with commercial uses on the street-facing facade. If an above grade or a partially above grade parking garage is incorporated into a building that is located more than 50 feet from a public street, any portions above ground shall be designed to complement the building in a manner that the parking garage is not readily discernable as such or is surrounded with a five foot-wide intensive landscape treatment that includes trees and shrubs covering at least 75 percent of each parking garage façade. 2. All projects of any building type shall provide the following minimum number of parking spaces: Studio apartments – 1 space per unit; One bedroom units – 1.5 spaces per unit; Two or more bedroom units – 2 spaces per unit. All projects shall provide additional guest parking spaces equal to one guest parking space for every four units. Any parking calculations that result in less than a whole number shall be rounded up. 3. To further evaluate the above parking space requirements for a particular project, the city may require an independent parking study where parking demand calculations exceed 50 spaces, shared parking is being considered, or the proposed use may impact previously calculated parking demands for adjacent uses. Any such study will be managed by the city but paid for by the developer. The city may adjust the above parking requirements consistent with the parking study’s conclusions to reflect such factors as shared parking and compatible uses. The Planning Commission shall make findings reflecting the study or discounting the study and may suggest modifications of the parking standards or simply leave the standards as-is. Parking stalls 9-feet by 20-feet are required but a parking study could also address compact car spaces in terms of size and as a percentage of the overall parking. 6  9/17/2021 – Planning Commission Recommendation 4. Shared parking is encouraged based on a parking study, but only for up to 30 percent of the parking demand. The development agreement shall include the terms of shared parking for both the existing uses and proposed new HCCO development. The shared parking requirement is for a minimum of ten years and shall be renewed thereafter. 5. Bike parking is encouraged for residential projects. Bike parking should be well lighted and secure, with a combination of indoor bike storage and exterior bike parking. Where a mixed- use building is proposed, a conveniently located permanently attached bike rack accommodating a minimum of four bikes per building is required for commercial patrons. 6. Residential portions of parking garages and structures, including carports, are strongly encouraged to include 220-volt outlets and associated infrastructure/conduit for personal vehicle charging. The suggested standard is one outlet for every ten residential units; however, the number shall be determined as part of the development agreement. 17.42.070 Signs Signs in the HCCO shall be governed by Chapter 17.48, except all illuminated signs shall have downward directed and shielded lighting. Only monument signs and signs on the building are allowed. 17.42.080 Application Procedures A. General Requirements. An application for the HCCO is considered a rezone application subject to the rezone process provided in this chapter. The application shall be accompanied by a draft development agreement. The application, development agreement template, and their associated requirements are available online and at the city offices. B. Pre-application Conference. The applicant is required to have a pre-application conference with a member of the planning department and city engineer to ascertain the appropriate scope of the project and any additional information or reports that may be required in connection with the application and development agreement. The applicant is also encouraged to meet with the building official and the fire marshal to be advised of how building and fire code requirements may affect the proposed development. C. Required Studies. A geotechnical study is required for any proposed building over one story. A traffic study is required for projects with 50 or more residential units. D. Fees. In addition to the initial rezone application fee for the HCCO, the applicant will pay for any studies required as part of the approval process. All such studies will be procured and managed by city staff. Any unused funds will be refunded to the applicant or transferred to be used as payment toward other application fees, at the request of the applicant. For all proposed rezones and associated development plans, a complete application is required before authorization to proceed to the Planning Commission. E. Visual Presentation. If not provided as part of the proposed project application, the applicant shall provide for the review of the Planning Commission and the City Council a visual presentation, 7  9/17/2021 – Planning Commission Recommendation preferably using computer graphics, depicting the buildings to be constructed and siting for the proposed development within the context of existing, surrounding development. F. Planning Commission Review of Initial Rezone Application; Preparation of Proposed Development Agreement: 1. The initial application shall be referred to the Planning Commission for review and comment. 2. The City shall mail notice of an initial public hearing to owners of property within 300 feet of the proposed project. 3. The Planning Commission shall make a recommendation to the City Council of approval, approval with modifications/conditions, or denial. Such recommendation shall include any recommended changes/modifications to the draft development agreement. 4. If approval is recommended, the planning department, with the assistance of the city attorney and the concurrence of the applicant, shall prepare a second draft of the development agreement. F. City Council Review and Public Hearing: 1. If city staff and the applicant cannot concur on the terms and conditions of a proposed development agreement, the applicant may prepare and submit their own proposed development agreement, addressing all the required information and any proposed changes contrary to the Planning Commission recommendation. Upon the submission of such agreement, and the submission of any other related project-specific plans requiring approval of the City Council, the application shall be scheduled and noticed for public hearing before the City Council. The City shall mail notice of the public hearing to owners of property within 300 feet of the proposed project. 2. City Council Public Hearing: The initial application, additional reports/information, and planning commission recommendation, together with the proposed development agreement and the complete submission of all other related, project-specific information requiring approval of the City Council, shall constitute a final application for the potential rezone. If approved by the City council, the rezone application and development agreement shall authorize the applicant to proceed with an administrative site plan process. If a subdivision is required, such as for a condominium project or to define a new lot, an administrative subdivision process will follow the approvals by the City Council. 8  1 1 West Bountiful City September 28, 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 28, 2021, per state 6 statutory requirement. 7 8 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, September 9 28, 2021, at West Bountiful City Hall, Davis County, Utah. 10 Those in Attendance: 11 MEMBERS ATTENDING: Vice Chairman Corey Sweat, Commissioners Mike Cottle, Dee Vest, Laura 12 Mitchell, Council member Kelly Enquist. 13 14 STAFF ATTENDING: Cathy Brightwell (Recorder), and Debbie McKean (Secretary). 15 EXCUSED: Chairman Alan Malan, Kris Nilsen (City Engineer). 16 VISITORS: Steve Sowby, Mike Sowby. 17 18 The Planning Commission meeting was called to order at 7:30 pm by Vice Chairman Sweat. 19 20 1. Prayer by Commissioner Cottle. 21 22 23 2. Accept Agenda 24 Dee Vest moved to approve the agenda as presented. Mike Cottle seconded the motion. Voting 25 was unanimous in favor among all members present. 26 27 3. Public Hearing- Adding Landscape Supply as a Permitted Use to the Agricultural 28 Specialty (A-S) Zone 29 30 Action Taken 31 Laura Mitchell moved to open the public hearing at 7:32 pm for public comment regarding 32 adding Landscape Supply as a Permitted Use to the A-S Zone. Mike Cottle seconded the motion 33 and voting was unanimous in favor. 34 35 Cathy Brightwell introduced the proposal from Sinc Construction to have a soil mixing project on 36 leased property owned by South Davis Sewer District that does not fall within current permitted 37 uses in the requested A-S zone. This item was discussed at the last planning commission meeting 38 and staff was asked to come back with a proposal to add a new use that might apply. 39  2 40 Staff proposes that a new permitted use, Landscape Supply, be added to WBMC 17.14.020, a 41 definition of Landscape Supply, and the following regulations for this use. Outdoor storage as 42 applied in the C-H zone; topsoil prep, landscape rock prep, or other processing activities must 43 occur in an enclosed structure; outdoor lighting must be downlighting; deliveries and exports must 44 be covered loads, a SWPPS plan must be submitted; and no processing or deliveries before 7:00 45 am or after 10:00 pm. 46 47 Ms. Brightwell noted that Chairman Malan, who is not able to attend the meeting, dislikes the 48 definition of “landscape supply” because it is too broad and may create problems in the future. He 49 is concerned that it could be interpreted as allowing activities such as gravel pits. He suggested 50 using the term “horticulture” instead of “Landscape” as it covers all forms of garden management 51 but does not allow for rock/gravel production. 52 53 There was discussion that making the word change might mean the document would have to go 54 back to Steve Doxey and a new hearing before approval causing a delay in the process. It was 55 suggested that adding “decorative” or “ornamental” to landscape rock and landscape rock 56 preparation in the definition will clarify the issue. 57 58 Public Comments: 59 60 Mike Sowby, owner of Sinc Construction, clarified that landscape rock does not apply in his 61 situation but feels that it could be a potential use that someone may want in the future. 62 63 Action Taken 64 Laura Mitchell moved to close the public hearing for public comment at 7:43 pm. Mike Cottle 65 seconded the motion and voting was unanimous in favor. 66 67 4. Consider Adding Landscape Supply as a Permitted Use to the A-S Zone. 68 69 Based on discussion during the public hearing, it was concluded that “decorative” be added to the 70 definition of landscape rock. 71 72 Action Taken 73 74 Laura Charchenko moved to approve and move to city council the changes proposed by staff and 75 to add “decorative” before both references to Landscape Rock in the definition of Landscape 76 Supply. Dee Vest seconded the motion and voting was unanimous in favor. 77 78 5. Staff Report 79 80 Cathy Brightwell: 81 • Gave the commissioners a handout about non-conforming uses in WBMC 17.56.030 B. She 82 informed them of a resident who is considering joining the current annexation request on 83 1450 West. He is in the A-1 zone but only has .5 acres and wants to build a barn. She said 84 neither the property owner nor the county knows how he ended up with a .5 acre property 85 in a one acre zone. Before agreeing to annex, he is interested in knowing if the planning  3 86 commission will object to his building permit for a barn. City code allows the planning 87 commission to approve exceptions to changes or enlargements of non-conforming uses. A 88 straw poll showed consensus from the commissioners that they did not see a reason why he 89 could not build a barn on the property. There is a home already on it. 90 • Meet the Candidates Night will be held Monday, October 4, 6:30 pm. 91 • Christmas on Onion Street has always been held on the first Monday, but Youth Council is 92 thinking about changing it to Saturday December 11th with Santa touring during the day and 93 ending up at the City Park for hot chocolate, snacks, letters to Santa, and games. 94 • The new public works building is going out to bid next week. 95 • Consolidated Fee Schedule is being updated, there are no land use fees that need to be 96 changed so there will be no need for a public hearing. The fee changes will go directly to city 97 council. 98 • With the audio system down right now, it is not possible to hold commission training. The 99 requirement for 4 hours is due by year-end. She will send the commissioners a link so they 100 can watch another portion of the training on their own to expedite their requirement. 101 102 Commissioner Reports: 103 • Laura Mitchell received an email from a research marketer inquiring about locations where 104 we allow multi-use housing. She told them to contact Duane at City Hall. 105 • Dee Vest reported that the light at 400 North and 500 West is still malfunctioning during rush 106 hour. 107 • Laura Mitchell reported that there is a large food truck selling seafood that is parking in front 108 of Eyeglass World and blocking the view of traffic which is creating a safety hazard. 109 110 6. Consider Meeting Minutes from September 14, 2021. 111 112 Action Taken: 113 Dee Vest moved to approve of the minutes of the September 14, 2021, meeting as presented. 114 Laura Mitchell seconded the motion and voting was unanimous in favor. 115 116 7. Adjourn. 117 118 Action Taken: 119 Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 8:10 120 pm. Mike Cottle seconded the motion. Voting was unanimous in favor. 121 ...................................................... 122 The foregoing was approved by the West Bountiful City Planning Commission on October 12, 2021, 123 by unanimous vote of all members present. 124 ____________________________________ 125 Cathy Brightwell – City Recorder