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, JANUARY 25, 2022, AT THE CITY OFFICES AGENDA: 1. Prayer/Thought - Commissioner Sweat, Pledge of Allegiance – Mike Cottle. 2. Confirm Agenda. 3. Discuss Public Improvement Requirements as a Condition of a Building Permit. 4. Discuss Items to be Addressed in 2022. a. Sidewalks b. Landscaping c. Permitted Use Language 5. Staff report. 6. Open Meeting Training. 7. Consider Meeting Minutes from November 9, 2021. 8. Adjourn. ---------------------------------------------------- This notice has been sent to the Davis Journal and was posted on the State Public Notice Website and the City website on February 8, 2022, by Cathy Brightwell, City Recorder.  MEMORANDUM TO: Planning Commissioners DATE: 1/21/2022 FROM: Staff RE: Public Improvement as a Condition of a Building Permit _______________________________________________________________________________ Staff has become aware of the need to clarify language in city code regarding when and what public improvements are required as a condition of a building permit. Current and proposed language is provided below for discussion. CURRENT: 15.08.050 Site And Off-Site Improvements May Condition Building Permit Approval The installation of curb, gutter, sidewalks, drainage culverts, and covered or fenced irrigation ditches of a type approved by the land use authority may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters, sidewalks, drainage culverts, and safety features for irrigation ditches and canals may be required as a condition of building permit approval. PROPOSED: 15.08.050 On and Off-Site Improvements as a Condition of Building Permit Approval Public improvements, as listed below, shall be required of a property owner as a condition of a building permit for the following: 1. A new main building (primary dwelling); 2. An addition to a main building that increases the size/footprint by 50%; 3. Cumulative additions to a home that reach the 50% threshold over a 5-year period; 4. An accessory building? (When a certain size? Larger than a primary dwelling?? Never?) 5. When a new use is proposed on a property that increases traffic demand by twenty-five percent (25%). Required Public Improvements: 1. Curb, gutter, and sidewalk. 2. Full depth street widening. 3. Drainage culverts located on site or within the ROW that require improvement shall be paid for by the property owner to the extent of their contribution to that system. 4. Covering, piping, or fencing of irrigation ditches as determined by the city engineer. 5. Other non-city utilities/services. If the City Engineer determines that a certain improvement has significant impacts to adjacent properties and the installation timing is not reasonable, a deferral agreement may be recommended for any of the above improvements. Such agreement must be approved by the city council. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  1 1 West Bountiful City November 9, 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 November 5, 2021, per state statutory 6 requirement. 7 8 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, November 9, 9 2021, at West Bountiful City Hall, Davis County, Utah. 10 Those in Attendance: 11 MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Dee Vest, Corey Sweat, Laura Mitchell, 12 Council member Kelly Enquist. 13 14 MEMBERS EXCUSED: Commissioner Mike Cottle 15 16 STAFF ATTENDING: Duane Huffman (City Administrator), Kris Nilsen (City Engineer), Cathy Brightwell 17 (Recorder), and Debbie McKean (Secretary), Chief Erekson. 18 VISITORS: Councilmember James Bruhn, LeAnne and Dale Edwards, Brandy Hansen, Kathy Allen, Scott 19 and Bonnie Jones, Jason Baker, Lisa Young, Richard and Michele Hardman. 20 21 The Planning Commission meeting was called to order at 7:30 pm by Chairman Malan. 22 1. Prayer by Commissioner Mitchell. 23 24 2. Accept Agenda 25 Corey Sweat moved to approve the agenda as presented. Laura Mitchell seconded the motion. Voting 26 was unanimous in favor among all members present. 27 28 3. Conditional Use Application for Home Occupation Business at 963 Meadowlark Lane for 29 John & Jessica Nelson. 30 31 Commissioner packets included information from staff dated November 5, 2021, regarding a Conditional 32 Use Permit Request for a Home Occupation Business at 963 Meadowlark Lane (963 W 1850 N) for John 33 & Jessica Nelson, information from Duane Huffman, and a comments from Mr. Nelson. 34 35 Duane Huffman stated that John and Jessica Nelson have applied for a Conditional Use Permit to 36 authorize a Home Occupation business license to resell equipment such as power tools, gym equipment 37 and weights. Their application explains that they buy wholesale goods and sell on local classified sites 38 such as Facebook marketplace and KSL.com and buyers pick up items in person or they are delivered. He 39 noted that the planning commission discussed proposed conditions at its October 26th meeting and 40 asked staff to work with legal counsel to clarify and fine-tune the conditions for further consideration. 41 Mr. Doxey has also provided possible findings for the commission to consider as they deliberate this 42 issue.  2 43 44 Although it is not a public hearing this evening, Chairman Malan allowed comments from neighbors. 45 46 Citizen Comments: 47 48 Brandy Hanson, 929 Meadowbrook Lane, explained that this business directly impacts her as the 49 amount of traffic has increased drastically in the neighborhood since the Nelson’s have been selling their 50 inventory. There has been an increase in speeding, large trucks, and increased theft. She noted that he 51 has boxes and a warehouse full of inventory. She feels it is too large a business for a residential area. She 52 would like the city to take all this into consideration before granting the permit. She has nothing against 53 the Nelson’s personally but does not approve of this type of business in a residential area. 54 55 Dale Edwards, 946 W Meadowlark Ln, stated that he has been impacted negatively from the retribution 56 of his neighbor, Mr. Nelson. Mr. Nelson called the police on him for throwing a ball to his dog on his 57 own property. He noted that the Nelson business comes up first when googled and has received over 58 10,000 views on KSL. The business has a negative impact on our neighborhood, and as neighbors they 59 are afraid of the retribution from Mr. Nelson. He warned the city that they are going to have problems 60 with this situation if they do not get Mr. Nelson’s business under control. Mr. Edwards also noted the 61 significant increase of crime and shared that his truck was stolen last year. He pointed out that this 62 business brings in too much traffic and many unknown individuals who can scope out the neighborhood. 63 He pled with the city to enforce the laws and ordinances, so they do not have to sue to protect their 64 neighborhood. 65 66 Leanne Edwards, 946 W Meadowlark Ln, stated that they love their neighborhood, and all their 67 neighbors love each other. Her husband is caring and serves others and has done his best to work with 68 the Nelsons. The commercial building Mr. Nelson built has received many complaints from neighbors 69 including the increase in truck traffic. Mr. Nelson finds fault with all his neighbors and has gotten 70 verbally and physically upset with them. Her husband videoed a session when he was being bullied by 71 Mr. Nelson. She said their goal is to keep their neighborhood safe and free of businesses of this type in a 72 residential area. 73 74 Jason Baker, 921 W Meadowlark Ln, stated that he just received the notice about this issue a few days 75 ago and is not clear on all the details. His visits with John Nelson have been friendly. He said his concern 76 is mostly the eye sore that it creates in the neighborhood. Mr. Nelson’s lot is overrun with personal 77 belongings in addition to the business inventory side of things. His trailer hitch overhangs the sidewalk 78 and creates a safety hazard for people walking by. He likes John and does not mean any harm to him but 79 wants his neighborhood to be safe and look good. He simply does not have the proper location or access 80 to have a business this large. 81 82 Lisa Young, 968 W 1850 N, stated that she sees the business running all the time because she lives 83 directly across from the property. She referred to Mr. Nelson’s ad and pictures on the internet and 84 noted that he has over $24,000 dollars’ worth of equipment. She commented how the yard was so 85 beautiful before the Nelson’s bought it. The property is overtaken by stuff and business inventory. 86 87 Commissioner Comments: 88 89 Chairman Malan commented that he has frequented the area several times the past few weeks and 90 observed no problems. It appears as though the Nelson’s have stopped their business activities as  3 91 requested. He pointed out that he has observed other neighbors in this same area encroaching into the 92 sidewalk area with their vehicles/personal items. Mr. Huffman noted that this occurs throughout the 93 city, but a business must provide adequate off-street parking for both personal and business use. 94 95 Corey Sweat spoke to Mr. Nelson’s written comments. He does not feel there are any changes the city 96 can make to grant his requests for modifications to the proposals from the last meeting. Mr. Sweat 97 explained that granting the conditional use permit is the best thing that can happen for this 98 neighborhood because if the conditions are not adhered to the permit will be revoked. The conditions 99 included in the permit mitigate the problems the neighborhood has raised and ensure compliance with 100 city ordinances and state requirements. If the Nelsons do not comply, they will not be able to do 101 business legally. He added that he feels that the off-street parking and impeding sidewalk problem 102 needs to be addressed. 103 104 Duane Huffman explained that a condition of this permit has a 90-day probation period; if Mr. Nelson 105 violates any conditions his permit will be revoked. He informed the citizen’s that they can document 106 violations with pictures, videos, and other such activity and provide to the city. 107 108 Laura Mitchell inquired about several of the conditions. Mr. Huffman stated that many of the 109 conditions are already in place as part of the ordinance and the 90-day probation will provide an 110 opportunity for the city to monitor activities more closely. He noted that the probation period is not a 111 common condition but because of the history of this case, it is totally acceptable to make it a condition. 112 Mr. Huffman added that Mr. Nelson has the right to appeal any decisions made. 113 114 Dee Vest has concerns with granting this permit. He said it’s pretty clear that the business has negatively 115 impacted the residential character and lifestyle of the neighborhood. He also pointed out that Mr. 116 Nelson still does not have a sales tax id or business license and therefore would not be eligible for the 117 permit from the city. 118 119 Mr. Huffman stated that the city has been in contact with the State Tax Commission, and they are very 120 concerned about what is going on. 121 122 Corey Sweat emphasized that the city’s intent is to address the concerns of the neighborhood as well as 123 upholding city and state laws, ordinances, and the rights of all citizens. Clearly listing all the mitigating 124 conditions in the conditional use permit provides a tool the city can use to ensure the business is run 125 properly or the license will be revoked. He stated that the commissioners take their responsibility very 126 seriously and work hard to balance these types of situations. 127 128 Action Taken 129 Corey Sweat moved to approve the Conditional Use Permit for John and Jessica Nelson at 963 130 Meadowlark Lane to sell gym equipment, household items, and power tools on local online sites based 131 on the following Findings and Conditions. 132 Findings: 133 1. The proposed use, with appropriate conditions, will not be detrimental to the health, safety, or 134 general welfare of persons residing or working in the vicinity, or injurious to property or 135 improvements in the vicinity.  4 136 2. The proposed use, as conditioned, will not have an inordinate adverse impact on schools, 137 utilities, or streets. 138 3. The proposed use, as conditioned, will provide appropriate buffering of uses, proper parking 139 and traffic circulation, the use of building materials and landscaping in harmony with the 140 area, and compatibility of adjoining uses. 141 4. The proposed use will comply with the regulations and conditions specified in the land use 142 ordinance for such use. 143 5. The proposed use, with appropriate conditions, will conform to the intent of the city’s general 144 plan. 145 6. The conditions imposed in the conditional use permit will mitigate the reasonably anticipated 146 detrimental effects of the proposed use and accomplish the purposes of the land use code in 147 accordance with applicable standards. 148 Conditions: 149 1. The home occupation must comply with all applicable laws and, in particular, WBMC 5.28 – 150 Home Occupations, including the requirements specified in these conditions, to protect the 151 residential character and lifestyle of this residential zone. 152 2. The home occupation will be limited to a home office in the dwelling that does not exceed 15% 153 of the main floor. Applicant may use up to 25% of a garage or accessory structure on the 154 property for business purposes, as long as such use does not change the residential character 155 of the lot and is not contrary to the purposes of WBMC 5.28 156 3. Inventory or supplies may not occupy more than 50% of the permitted area in the dwelling, 157 garage, or accessory structure. Based on the building permits for the property, this means 158 inventory and supply storage is limited for each building on the property (only the garage or 159 accessory structure may be used for inventory and supplies, not both), as follows: 160 a. Dwelling - 1281 main floor sf x 15% = 193 sf x 50% = 97 sf for inventory 161 b. Garage - 886 sf x 25% = 222 sf x 50% = 111 sf for inventory 162 c. Accessory Structure - 2100 sf x 25 % = 525 sf x 50% = 263 sf for inventory 163 4. Applicant must confirm in writing at the time the permit is issued which structure—the garage 164 or accessory structure—will be used for the home occupation. If the applicant subsequently 165 elects to use the other structure, the applicant must seek prior approval from the planning 166 commission, which may or may not impose additional or different conditions in modifying the 167 permit. 168 5. Applicant must provide a clear separation of space between inventory for resale and any 169 personal equipment or products so that each may be clearly identified upon inspection. If 170 applicant elects to use the garage for the home occupation, for example, any inventory and 171 supplies must be stored in the garage, and any personal equipment or products must be stored 172 elsewhere. 173 6. Consistent with WBMC § 17.60.050, the applicant will allow the City and its agents to inspect 174 the property and the structures on the property at reasonable times without prior notice to 175 verify compliance with applicable laws and the conditions of the permit.  5 176 7. Except as provided below, delivery of merchandise will be limited to standard delivery trucks 177 used for regular online purchases. One delivery by a truck not to exceed 28 feet in length is 178 allowed no more frequently than every 30 days. 179 a. Deliveries will be limited to the hours between 8 am and 7 pm. 180 b. Delivered merchandise may at no time be placed or kept on the street right-of-way. 181 c. Customer pick-ups will be scheduled between 8 am and 7 pm with no more than one 182 customer per hour so that neighborhood traffic is limited. 183 d. Sufficient off-street parking will be provided for customer vehicles when picking up 184 merchandise. 185 8. No vehicles, including those owned by or used for the home occupation, will obstruct any 186 sidewalk. 187 9. Outdoor storage related to the home occupation will not be permitted (WBMC § 5.28.040.I). 188 10. Applicant will cease all sales from the property until a home occupation business license is 189 issued. 190 11. Applicant will comply with city and state regulations for retail businesses, including obtaining 191 a state registration and sales tax id, and will provide any requested information as part of its 192 home occupation license review. 193 12. Applicant will obtain and maintain a home occupation business license. 194 13. The permit will be subject to a 90-day probation period. If any condition is violated during the 195 probation period, the permit and home occupation business license will be revoked, and the 196 final permit will not be issued absent additional evidence presented to the planning 197 commission justifying the issuance of the final permit. Following issuance of the final permit, 198 the permit may be modified, suspended, or revoked upon complaint after a hearing before the 199 planning commission. 200 14. Applicant’s obligations under these conditions will be binding upon any successor, heir, or 201 assign of applicant with respect to the property. 202 Laura Mitchell seconded the motion and voting was unanimous in favor. 203 204 Mr. Huffman said the conditional use permit and business license will not be issued until the applicant 205 has signed the permit agreeing to comply with the conditions and has met all requirements for the 206 home occupation business license. 207 208 He explained that the inspection for the 90-day probation period could include a search on his KSL web 209 page followed by a visit to the property asking Mr. Nelson to show where various items listed for sale 210 were being stored to ensure they were located in the defined legal marked off space for his business. 211 He told neighbors that they are welcome to call him at any time. 212 213 4. Staff Report 214 215 Cathy Brightwell: 216 • There are 3 property owners along 1450 West that have asked to be annexed into the city. The 217 formal process will begin once the County completes its notice requirements.  6 218 • November 23rd is the next scheduled meeting date which is the week of Thanksgiving. There 219 are no pressing agenda items at this time. Members discussed and decided to cancel the 220 meeting unless something comes up that needs their attention. The next meeting will be held 221 on December 14th. 222 223 Kris Nilsen 224 • The block walls are nearly finished on the 400 North well house. They will then begin working on 225 the interior with the project expected to be completed in January. 226 • The 600 West road construction project scheduled for next year will go out to bid in January. 227 • He is completing his final review of the Highgate Phase 2 subdivision which will likely go to city 228 council for final approval in December. 229 • Planning and design work is moving along on the new public works building. 230 231 5. Consider Meeting Minutes from October 26, 2021. 232 233 Action Taken: 234 Laura Mitchell moved to approve of the minutes of the October 26, 2021, meeting as presented. Dee 235 Vest seconded the motion and voting was unanimous in favor. 236 237 6. Commissioner Training. 238 239 Due to time constraints, in-person training was canceled. 240 241 7. Adjourn. 242 243 Action Taken: 244 Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 9:42 pm. 245 Dee Vest seconded the motion. Voting was unanimous in favor. 246 247 ...................................................... 248 The foregoing was approved by the West Bountiful City Planning Commission on January 25, 2022, by 249 unanimous vote of all members present. 250 ____________________________________ 251 Cathy Brightwell – City Recorder 252