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, MARCH 8, 2022, AT THE CITY OFFICES AGENDA: 1. Prayer/Thought - Commissioner Mitchell. Pledge of Allegiance – Commissioner Sweat. 2. Confirm Agenda. 3. Public Hearing – Proposed Changes to WBMC 15.08.050 Public Improvements as a Condition of Building Permit Approval. 4. Public Hearing – Proposed Changes to WBMC 17.14.050, 17.16.040, 17.20.050, 17.24.050 Yard Regulations Correcting Side Yard Setbacks in Residential Zones, and 17.04.030 Definition of Building. 5. Blackgate Investments, LLC’s Proposal to Lease Land to Manheim Auto Auction in Exchange for Land Adjacent to Highgate Estates Fronting 1450 West. 6. Consider Public Improvement Requirements as a Condition of a Building Permit. 7. Consider Clarifications for Yard Regulations in Residential Zones. 8. Discuss Olsen Farms 8 Subdivision Preliminary Plat. 9. Consider Meeting Minutes from February 22, 2022. 10. Staff report. 11. Adjourn. ---------------------------------------------------- This notice has been sent to the Davis Journal and was posted on the State Public Notice Website and the city website on March 4, 2022, by Cathy Brightwell, City Recorder.  Mayor Kenneth Romney WEST BOUNTIFUL Chairman City Engineer/ PLANNING COMMISSION Alan Malan 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 The Planning Commission will hold two public hearings at City Hall on Tuesday, March 8, 2022, beginning at 7:30 p.m. as part of their regular meeting. The purpose of the hearings is to receive public comment on the following issues: 1. Proposed changes to WBMC 15.08.050 On and Off-Site (Public) Improvements as a Condition of Building Permit Approval. 2. Proposed changes to WBMC 17.14.050, 17.16.050, 17.20.050, and 17.24.050 Yard Regulations in residential zones correcting minimum setbacks for side yards, and 17.04.030 Definition of Buildings. More information can be found on the city website at www.WBCity.org in the Calendar or Public Notices section. 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 3/2/2022 Blackgate Investments LLC. proposes the following: 1. Lease the auto auction 6.75 acres (please refer to map) located on Onion Patch Securities Southwest property line moving east, and abutting the future road listed on map provided. 2. A developer's agreement will be drafted stating the land lease will be for a period of ten (10) years, after said period the land will revert back to Onion Patch Securities. The auction's intentions are to park vehicle overflow on said ground. 3. The 6.75 acres will be grubbed and fenced. 4. Blackgate Investments will receive 3.32 acres (approximately) in exchange for the land lease fronting 1450 West. 5. Blackgate Investments will construct four (4) new homes on 1450 West starting at "Tailgate Acres" moving north. This will allow HighGate Estates to "close the gap in the smile" within HighGate making for a complete looking neighborhood. 6. Blackgate investments is seeking "spot zoning" for our 6.75 acres on a temporary basis (10 years). Blackgate investment recognizes that spot zoning is not common however, closing in the existing neighborhood and blocking the view of the existing Woods Cross business from the plain site would be of significant interest to all existing land and homeowners alike. 7. Blackgate Investments believes that with all the proposed development circling this area placing this 6.75 acres on hold for the next 10 years will be of benefit to the community and city alike. Please let me know if you have any further questions. Todd Willey BlackGate Investments LLC.  MEMORANDUM TO: Planning Commissioners DATE: 3/04/2022 FROM: Staff RE: Public Improvement as a Condition of a Building Permit _______________________________________________________________________________ As discussed at the January 25, February 8, and February 22, 2022, planning commission meetings, the commission has attempted to clarify language in city code regarding when and what public improvements are required as a condition of a building permit. The current practice requires the property owner to install curb, gutter, sidewalks, and other improvements such as asphalt extensions, piping or covering drainage culverts, and moving other utility infrastructure such as poles and boxes on a lot on which a building is to be constructed or remodeled when the construction is significant. Other than new construction, there has not been clear criteria for determining what triggers the improvements, but they have typically been required when an addition is of significant size compared to existing structures. The following draft reflects the discussion by the planning commission to clarify the Code. It is recommended that several improvements currently required of the property owner will become the responsibility of the city. These improvements are on land owned by the city and historically maintained by the city, so it is unreasonable to ask the property owner to pay for the improvements when applying for a building permit. This recommendation does not apply to properties under development and subject to WBMC 16.20.020. A public hearing is scheduled for March 8 on this issue. 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 Site And Off-Site Public Improvements May Condition Building Permit Approval (ALL NEW:) A. Except as otherwise required under Section 16.20.020 for subdivisions, a property owner shall be required to install the public improvements listed below in Section 15.08.050.B as a condition of a building permit for any of the following: 1. A new dwelling or commercial structure; 2. An addition to a dwelling or commercial structure that increases the footprint or floor space by 100%; 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  3. Cumulative additions to a dwelling or commercial structure on the property that increase the total footprint or floor space by 100% over a 5-year period; 4. A non-commercial structure connecting to any public utility in the public street. B. For any of the events described in Section 15.08.050.A, the following public improvements, consistent with city standards, are required along the frontage of the property: 1. Curb, gutter, and sidewalk. 2. Piping, covering, or fencing of irrigation and storm drain ditches. 3. Improvements for city-required public utility services, such as culinary water, storm drain, sewer, and secondary water. 4. Improvements for any utility or services requested by the property owner, including but not limited to streetlights, utility poles, communication services, gas services, and electric services. C. The city council may waive, modify, or delay the construction of all or part of the required public improvements upon the request of the property owner or recommendation of the city engineer after making specific findings supporting its decision consistent with the following standards. Except as specifically provided in this section, no required improvements may be waived, modified, or deferred. 1. Curb, gutter and sidewalk improvements in the R-1-10, R-1-22, A-1, and A-S zoning districts may be deferred when the city council finds compelling reasons, such as significant impact to adjacent property, that the city’s interests are better served by deferring the construction. 2. The requirement to pipe or cover an open ditch that the city has previously designated to remain open may be waived, modified, or deferred upon a finding that the waiver, modification, or deferral is in the public interest. 3. Other required improvements may be deferred only upon a specific finding that deferral is in the public interest. 4. The deferral of any public improvements under this section is subject to a deferred improvements agreement, approved by the city council, that allows the city to determine when, if ever, such improvements will be required. ---------------------- 16.20.020 Public Improvements (Subdivisions) Notwithstanding the provisions of Section 15.08.050, Tthe approval of all subdivisions, including minor or small subdivisions, will require the installation of all public improvements including asphalt, curb and gutter, sidewalk, streetlights, and utilities which are required to complete the standard street design included in the City’s design standards regardless of whether the required improvements are on a new or existing street. The city council may waive, modify, or delay the construction of all or part of the required public improvements upon making specific findings supporting its decision consistent with the following standards. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  MEMORANDUM TO: Planning Commissioners DATE: March 4, 2022 FROM: Staff RE: Yard & Height Regulations in R-1-10, R-1-22, A-1, A-S Districts, and Building Definition Correction ___________________________________________________________________________________ Staff recently found two items in Title 17 that need to be corrected. The first is an error with side yard setbacks in residential yard regulations. The second is a correction to the definition of “Building” in WBMC 17.04.030. Title 17, Section 050.A.2 in each of the residential zones states the minimum side yard setback for ALL structures is 10 feet. Section 050.A.4 states the minimum rear yard setback for accessory structures, measured from the rear lot line or side lot line is 6 feet. Staff has imposed the 6 ft rear and side setbacks for accessory structures for many years. We propose to clarify Section A.2 so that the 10 ft minimum setback is only applied to main structures. Changes are also proposed to differentiate between main structures and non-commercial structures in Sub-section 060 – Height Regulations in the A-S and A-1 zones. 17.14.050 and 17.16.050 Yard Regulations (A-S) and (A-1) A. Minimum Setbacks. 1. Front yard. The minimum front yard setback for all structures is thirty (30) feet, except as otherwise allowed in this Code. 2. Side yard. a. Except as otherwise provided in this code, TtThe minimum side yard setback for allall main structures, except non-commercial structures, is ten (10) feet for any one side with . Main structures shall have a combined total side setback of twenty-four (24) feet for both sides. b. TExcept as otherwise provided in this code, the minimum side yard setback for accessory structures and non-commercial structures is six (6) feet, or three (3) feet if the structure adjacent wall is built to fire code standards. 3. Street side yard. No changes proposed. 4. Rear yard. a. The minimum rear yard setback for all main structures, except non-commercial structures, is thirty (30) feet. b. Except as b. Totherwise provided in this Code, Tthe minimum rear yard setback for accessory structures and non-commercial structures, measured from the rear lot line or side lot line, is six (6) feet, or three (3) feet if the structure adjacent wall is built to fire code standards. 17.14.060 and 17.16.060 (A-S) and (A-1) Height Regulations A.1. The height of a main structure, except for non-commercial structures, may be increased to a maximum of forty (40) feet if the structure is set back as shown in the chart below. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 17.20.050 and 17.24.050 Yard Regulations (R-1-22) and (R-1-10) B. Minimum Setbacks. 1. Front yard. The minimum front yard setback for all structures is thirty (30) feet, except as otherwise allowed in this Code. 2. Side yard. a. Except as otherwise provided in this code, TtThe minimum side yard setback for allall main structures is ten (10) feet for any one side with . Main structures shall have a combined total side setback of twenty-four (24) feet for both sides. b. Except as otherwise provided in this code, Tthe minimum side yard setback for accessory structures is six (6) feet, or three (3) feet if the structure adjacent wall is built to fire code standards. 3. Street side yard. No changes proposed 4. Rear yard. a. The minimum rear yard setback for all main structures is thirty (30) feet. b. Except as otherwise provided in this code, Tthe minimum rear yard setback for accessory structures, measured from the rear lot line or side lot line, is six (6) feet, or three (3) feet if the structure adjacent wall is built to fire code standards. 17.04.030 Definitions “Building” means any structure used or intended to be used for the shelter, recreation, landscape enhancement or enclosure of persons, animals, or property; includes all “structures; includes all “structures.” 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  MEMORANDUM TO: Planning Commission DATE: March 4, 2022 FROM: Kris Nilsen RE: Olsen Farms Estates Subdivision Plat 8 - Discussion _______________________________________________________________________________ Chree Martin submitted a proposal for a 4-lot subdivision for her property at 1695 N Olsen Way. The property consists of 1.77 acres and is within the R-1-10 zone. Staff has reviewed the proposed preliminary plat and has forwarded comments to the developer. The purpose of tonight’s review is to provide an opportunity to the Planning Commission to become familiar with the proposed subdivision. Points of interest or discussion include: 1. Lot 801 frontage does not meet minimum requirements of 85 feet of width at the front set back of 30 feet. Current designed width measures 83.43 feet at the front setback. Revise lot layout to provide minimum 85 feet lot width at front setback for lot 801. 2. Most of Lot 801 is in the Flood Plain Zone X and therefore finished floor elevations of proposed structures will be required to be one foot above flood plain elevation. 3. Provide approval from the easement owner for the service lateral crossings of existing easements on Lot 804 (Natural gas easement and South Davis Sewer District). 4. Existing structure on Lot 803 to be demolished and removed. 5. Existing structure on Lot 802 is to remain. 6. Connect all lots to existing secondary pressure water system in street. 7. Replace existing damaged sidewalk on frontage of project property. 8. The project is within 175 feet of three existing streetlights, no additional streetlights are proposed. 9. Site drainage is designed to flow to the street frontage or be collected in the existing and proposed storm drainpipe. No drainage will flow west or south onto adjacent properties. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  1 1 West Bountiful City February 22, 2022 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 February 18, 2022, per state statutory 6 requirement. 7 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, February 22, 8 2022, at West Bountiful City Hall, Davis County, Utah. 9 Those in Attendance: 10 MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Dennis Vest, Laura Mitchell, Mike Cottle, 11 Corey Sweat, and Council member Kelly Enquist. 12 13 MEMBERS EXCUSED: 14 15 STAFF ATTENDING: Kris Nilsen (City Engineer), Cathy Brightwell (Recorder), and Debbie McKean 16 (Secretary). 17 VISITORS: None 18 19 The Planning Commission meeting was called to order at 7:30 pm by Chairman Malan. 20 1. Prayer by Commissioner Vest 21 Pledge of Allegiance- Commissioner Mitchell 22 23 2. Accept Agenda 24 Dennis Vest moved to approve the agenda as presented. Mike Cottle seconded the motion. Voting was 25 unanimous in favor among all members present. 26 27 3. Discuss Public Improvement Requirements as a Condition of a Building Permit. 28 29 Commissioner packets included a memo from staff, dated February 17, 2022, regarding proposed 30 changes to WBMC 15.08.050 Site and Off Site Improvements as a Condition of Building Permit Approval. 31 32 The current practice requires the property owner to install curb, gutter, sidewalks, and other 33 improvements such as asphalt extensions, piping or covering drainage culverts, and moving other utility 34 infrastructure such as poles and boxes on a lot on which a building is to be constructed or remodeled 35 when the construction is significant. Other than new construction, there has not been clear criteria for 36 determining what triggers the improvements, but they have typically been required when an addition is 37 of significant size compared to existing structures. 38 39 As discussed at the January 25 and February 8, 2022, planning commission meetings, the commission 40 has attempted to clarify the language. The commission is recommending that several improvements 41 currently required of the property owner will become the responsibility of the city. These improvements 42 are on land owned by the city and historically maintained by the city, so it is unreasonable to ask the  2 43 property owner to pay for the improvements when applying for a building permit. This recommendation 44 does not apply to properties under development and subject to WBMC 16.20.020. 45 46 In Section 15.08.050.A, the term main structure is changed to new dwelling and commercial structures 47 to make it clear that non-commercial structures are not included unless the structure is connected to 48 any public utility in the public street. 49 50 Cathy Brightwell noted that the public hearing will be held at our next meeting on March 8th, since she 51 was not able to post it for this meeting. 52 53 4. Discuss Clarifications for Yard Regulation in Residential Zones. 54 55 Included in the commissioner’s packets was a memorandum dated 2/18/2022 from staff regarding Yard 56 Regulations in R-1-10, R-1-22, A-1, and A-S Districts. A redline copy of 17.xx.050 A was included. 57 58 Cathy Brightwell explained that staff recently found an item in residential yard regulations that appears 59 to have been overlooked in both the 2018- and 2019-Yard Regulation updates. The error affects side 60 yard setbacks for accessory structures. 61 62 Section 050.A.2 in each of the residential zones states the minimum side yard setback for ALL structures 63 is 10 feet. Section 050.A.4 states the minimum rear yard setback for accessory structures, measured 64 from the rear lot line or side lot line is 6 feet. Staff has imposed a 6 foot side setback on accessory 65 structures for years and proposes clarification to match the current practice. 66 67 After discussion, it was decided to clarify the language as proposed and to add a reference to the height 68 regulations section so it is clear that side setbacks are addressed in two different sections of Code. 69 70 A new change is also proposed to 17.04.030 Definitions to eliminate an error for the definition of 71 “Building” that was not intended to be in this section. 72 73 These changes will be presented at a public hearing on our March 8th meeting. 74 75 5. Consider Meeting Minutes from February 8, 2022. 76 77 Action Taken: 78 Corey Sweat moved to approve the minutes of the February 8, 2022, meeting as presented. Mike 79 Cottle seconded the motion and voting was unanimous in favor. 80 81 6. Staff Meeting 82 83 Cathy Brightwell 84 • Received a call from a real estate agent who is looking at listing the Trinity/Syro property. There 85 are 5 properties involved split between West Bountiful and Centerville. 86 • Ivory Homes wants to meet with the city regarding the west side property that was previously 87 owned by Gardner/Plumb. They have indicated they are ready to get moving on Brookside 88 Ranches again.  3 89 Kris Nilsen 90 • The well will begin chemical testing before going online. 91 92 7. Adjourn. 93 94 Action Taken: 95 Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 8:47 pm. 96 Corey Sweat seconded the motion. Voting was unanimous in favor. 97 98 ...................................................... 99 The foregoing was approved by the West Bountiful City Planning Commission on February 22, 2022, by 100 unanimous vote of all members present. 101 102 ____________________________________ 103 Cathy Brightwell – City Recorder 104 105