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 Dell Butterfield 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, MAY 23, 2023, AT THE CITY OFFICES. 1. Prayer/Thought – Commissioner Butterfield; Pledge of Allegiance – Commissioner Vest. 2. Confirm Agenda. 3. Conditional Use Application for Home Occupation for Auto Italia Repairs at 638 N 660 West. 4. Meeting Minutes from May 9, 2023. 5. Staff report a. Engineering (Kris Nilsen) b. Community Development (Cathy Brightwell) 6. Adjourn. ---------------------------------------------------- This notice was posted on the State Public Notice Website, the city website, and sent to the Davis Journal on May 19, 2023, by Cathy Brightwell, City Recorder.  MEMORANDUM TO: Planning Commission FROM: Staff DATE: May 19, 2023 RE: Conditional Use Application for Auto Italia - 638 N 660 West - Aimee & Adan Hinojosa _______________________________________________________________________________ This memo reviews the home occupation and conditional use applications for Auto Italia auto repair business. These applications were presented to the planning commission on May 9, 2023. As there was a tie vote by the four members present, the conditional use application was tabled until a full commission was available. Background Auto Italia is a commercial auto repair business, previously licensed and located at 1116 W 500 South until December 31, 2022. Sometime in December of 2022, the business began operating out of a detached shop/garage at the residential property located at 638 N 660 West. As the owners/employees of the business did not reside at the property, operating any business out of the shop is a violation of West Bountiful Municipal Code. Staff alerted the owners of the business and property of this violation and instructed them to cease operations. The operation of the business has been the source of complaints to the city from several individuals. The owners of the business applied for a home occupation business license and an accompanying conditional use permit with the intent to become compliant with city code. At its January 24, 2023, meeting, the planning commission tabled the applications because the applicants did not live on the property at the time. Applicable Codes The following sections of West Bountiful Municipal Code (WBMC) are pertinent to the applications: • WBMC 5.28 Home Occupations • WBMC 17.24 Residential District, R-1-10 • WBMC 17.60 Conditional Use Permits • WBMC 17.92 Outdoor Storage and Merchandising Application and Accompanying Materials An updated home occupation application was submitted on May 3, 2023. Details of the application include: 1. The applicants now reside at the property. 2. The only employees of the proposed business are the two owners. 3. Customers are by appointment-only between 10 am and 5 pm, Monday through Friday. 1  4. They intend to use 500 square feet of the 2,000 square feet detached shop for auto repair/business purposes, which they estimate is enough room to work on two vehicles. A 100 square foot bedroom in the home will be used as office space. 5. Used oil and anti-freeze will be kept in 2 barrels regularly picked up by a recycling service. 6. Customers will drop off and pick up vehicles at arranged times. 7. No street parking will be used by customers. 8. All vehicles and equipment will be stored inside the garage; only personal items will be in the yard. 9. Deliveries of parts are estimated to be 1-3 times a day. 10. Occasional tow truck but scheduling will be controlled. 11. Accompanying images show a proposed “privacy fence,” but no details are explained. 12. Photographs show an unpaved driveway to the shop. 13. No customer or resident parking was designated on the site plan (see attached Exhibit A). Objections When the business was illegally operating earlier this year, the city received complaints from multiple neighbors. Some neighbors had been awakened at night by tow trucks delivering vehicles and there were complaints about a large number of auto parts deliveries. These complaints raise concerns about how this business may change the residential nature of the neighborhood. More recently, the city has again begun to receive complaints. The nature of the complaints now centers on the number of cars stored outside on the property. Review WBMC 5.28 outlines the requirements for home occupations. A conditional use permit/planning commission review is required if the request conflicts with listed requirements or the city recorder determines that approval without additional conditions may conflict with the intent of the code. Based on a review of the materials submitted, staff raises the following issues as related to Home Occupations - WBMC 5.28: 5.28.040 C and J. – Since the last planning commission review, a fire inspection has approved the structure for the business license. We are still waiting for confirmation from the fire department on whether additional site requirements are necessary for the proposed use. A. 5.28.040 G. – Code clearly intends planning commission review for any storage of vehicles within the shop. B. 5.28.040 H. – Off-street parking: The applicant states that there is no need for off-street parking. However, staff believes that it is unreasonable to think that customers picking up or dropping off a vehicle will never need a parking space. C. 5.28.040 I. – Yard space may not be used – The applicant now states that no vehicles will be stored outdoors. D. 5.28.040 K. – Traffic related to deliveries of vehicles and parts is unclear and may conflict with the residential nature of the property and neighborhood. E. 5.28.040 M. – There is some evidence that the operation of the business to this point has disturbed the peace and quiet of the neighborhood by way of noise from tow trucks, tracking mud from the property, and traffic from deliveries. 2 WBMC 17.60.040, directs the Commission to approve the conditional use if reasonable conditions can mitigate the reasonably anticipated detrimental effects of the proposed use. If the reasonably anticipated detrimental effects cannot be substantially mitigated by the imposition of reasonable conditions to achieve compliance with applicable standards (requirements of the Chapter and all other applicable requirements of the Municipal Code), the conditional use may be denied. WBMC 17.60.040 also requires the Commission to consider the following findings prior to approving a conditional use. 1. The proposed use at the particular location is necessary or desirable to provide a service or facility that will contribute to the general well-being of the neighborhood and the community; 2. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; 3. The proposed use and/or accompanying improvements will not inordinately impact schools, utilities, and streets; 4. The proposed use will provide for appropriate buffering of uses and buildings, proper parking and traffic circulation, the use of building materials and landscaping which are in harmony with the area, and compatibility with adjoining uses; 5. The proposed use will comply with the regulations and conditions specified in the land use ordinance for such use; 6. The proposed use will conform to the intent of the city’s general plan; and 7. The conditions to be imposed in the conditional use permit will mitigate the reasonably anticipated detrimental effects of the proposed use and accomplish the purposes of this subsection. Possible Conditions If the planning commission believes that the application contains sufficient information to determine that the proposed use justifies the findings as listed in WBMC 17.60, staff recommends consideration of the following conditions to mitigate possible reasonably anticipated detrimental effects of the proposed use. Detrimental Effect 1: No off-street parking has been designated for customers or residents. 1. At least two spaces of off-street parking for residents must be designated on the property. 2. At least one space of off-street parking for customer drop off or pick up must be designated to the south or east side of the shop. 3. Customers seeking services may be parked in a designated off-street parking space for a maximum of one hour, all other customer vehicles awaiting services must be parked inside the shop. 4. All auto repairs must be performed in the allotted space inside the shop as shown on Exhibit B. 5. Owners to provide and maintain a current list of personal vehicles showing they are registered or have title in owner’s name. 6. No outdoor storage of inoperable vehicles is allowed on the property, regardless of ownership. Detrimental Effect 2: Commercial traffic disturbs residential neighborhood. 1. Business deliveries of supplies and materials will be limited to 3 times per day. 2. Customer drop-off and pick-up is limited to a total of 3 times per day. 3. Tow truck deliveries will be limited to indoor parking availability and may only be between the hours of 8 am and 6 pm Monday-Friday. a. Alternative: No customer vehicles may be delivered by tow truck. 3 Detrimental Effect 3: Environmental & Safety Issues. 1. All businesses must meet state and federal environmental quality requirements for auto repair businesses, including but not limited to the following: a. Collect and contain vehicle fluids as required; b. Use a licensed company to collect oil, anti-freeze, and other vehicle fluids; c. All vehicles waiting for work and those with work in progress must be on concrete or asphalt surface that stop fluids from entering the ground. 2. Site activities must comply with federal and state EPA Storm Water regulations. 3. Owner must provide evidence of compliance with fire codes and any other applicable building codes, and the building/property must remain in compliance. General Home Occupation Conditions: 1. Business equipment and vehicles in the detached shop will not exceed 25% of the total building space. 2. No additional business equipment will be added without notice to the city for verification of storage limits. 3. No signage for the business. 4. No employees that do not reside in the home. 5. Planning Commission review of neighborhood impact after the first three months of license. Recommendation: The purpose of the R-10 District states that the city’s regulations are intended to preserve and enhance residential character and lifestyle. Staff is concerned that reasonable conditions may not effectively mitigate the detrimental effects of the business based on the information provided. If the planning commission grants the conditional use, staff recommends a review of neighborhood impact after three months. 4  1 West Bountiful City May 9, 2023 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 May 5, 2023, per state statutory requirement. 6 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, May 9, 2023, at 7 West Bountiful City Hall, Davis County, Utah. 8 Those in Attendance: 9 MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Dennis Vest, and Dell 10 Butterfield. 11 MEMBERS EXCUSED: Commissioner Laura Mitchell and Council member Kelly Enquist. 12 STAFF ATTENDING: Kris Nilsen (City Engineer), Cathy Brightwell (Recorder) and Debbie McKean 13 (Secretary). 14 VISITORS: Aimee & Adan Hinojsa, Amy Parker, Deby Marshall, William Goldberg, LoraLee White, 15 Brooklyn White, Frank Schefield, Craig Hammond, Jeff Dunn 16 The meeting was called to order at 7:30 pm by Chairman Malan. 17 1. Prayer by Commissioner Sweat 18 Pledge of Allegiance- Commissioner Butterfield 19 20 21 2. Confirm Agenda 22 Chairman Malan reviewed the proposed agenda. Corey Sweat moved to approve the agenda as 23 presented. Dennis Vest seconded the motion. Voting was unanimous in favor among all members 24 present. 25 26 27 3. Conditional Use Application for Home Occupation for Auto Italia Repairs at 638 North 660 28 West 29 30 Commissioner packets included a memorandum dated May 5, 2023, from Staff regarding a review of the 31 home occupation and conditional use applications for Auto Italia auto repair business with attached 32 Conditional Use Permit application, Home Occupation Permit Application, site plans and marked 33 exhibits. 34 35 Cathy Brightwell explained that Auto Italia was a commercial auto repair business previously licensed 36 and located at 1116 W 500 South until December 31, 2022. Sometime late last year, the business began 37 operating out of a detached shop/garage at a residential property located at 638 N 660 West. The 38 business owners did not live on the property at the time, which is required for home occupation 39 businesses. 40 41 Staff alerted both the owners of the business and the property of this violation and instructed them to 42 cease operations. In mid-January, the owners of the business applied for a home occupation business 43 license and an accompanying conditional use permit with the intent to become compliant with City 44 code. The planning commission heard the issue on January 24, 2023, and tabled the applications until 45 such time as the business owners live on the property. 46 47 Ms. Brightwell stated that when the business was illegally operating earlier this year, the city received 48 complaints from multiple neighbors. Some complained they had been awakened at night by tow trucks 49 delivering vehicles and some complained about a large number of auto parts deliveries and customer 50 traffic. These complaints raised concerns about how this business might change the residential nature of 51 the neighborhood. 52 53 The business is currently in suspension, but the city has continued to receive complaints. The nature of 54 the complaints now centers on continued work being done in the shop by Mr. Hinojosa and the number 55 of cars stored outside on the property. The number of complaints about deliveries has been reduced. 56 When questioned by staff, the applicants stated that the work currently being done in the shop is only 57 on personal and family vehicles. 58 59 The following updated information was filed with the city on May 3, 2023: 60 1. The applicants now reside at the property. 61 2. The only employees of the proposed business are the two owners. 62 3. Customers are by appointment only between 10 am and 5 pm, Monday through Friday. 63 4. Applicants intend to use 500 square feet of the 2,000 square feet detached shop for auto 64 repair/business purposes, which they estimate is enough room to work on two vehicles. A 100 65 square foot bedroom in the home will be used as office space. 66 5. Used oil and anti-freeze will be kept in 2 barrels regularly picked up by a recycling service. 67 6. Customers will drop off and pick up vehicles at arranged times. 68 7. No on-street parking will be used by customers. 69 8. All vehicles and equipment will be stored inside the garage; only personal items will be in the yard. 70 9. Deliveries of parts are estimated to be 1-3 times a day. 71 10. There may be an occasional tow truck, but scheduling will be controlled. 72 11. Accompanying images show a proposed “privacy fence;” construction began today. 73 12. Photographs show an unpaved gravel driveway to the shop. 74 13. No customer or resident parking was designated on the site plan. 75 76 Ms. Brightwell reviewed the applicable city codes for the planning commission’s information and the 77 photos and exhibits provided in the meeting packet. She stated that the purpose of the R-1-10 District 78 states that the city’s regulations are intended to preserve and enhance residential character and 79 lifestyle. 80 81 After reviewing the materials submitted, staff noted the following issues as related to Home 82 Occupations - WBMC 5.28, specifically in Section 5.28.040: 83 C & J. - Since the last planning commission review, the fire inspector has approved the structure for the 84 business license. We are still waiting for confirmation from the fire department on whether 85 additional site requirements are necessary for the proposed use. 86 G. – Code clearly intends planning commission review for any storage of vehicles within the shop.  87 H. – Off-street parking: The applicant states that there is no need for off-street parking. However, staff 88 believes that it is unreasonable to think that customers picking up or dropping off a vehicle will 89 never need a parking space. 90 I. – Yard space may not be used – The applicant now states that no vehicles will be stored outdoors. 91 Cathy Brightwell has a list of their personally owned vehicles. 92 K. – Traffic related to deliveries of vehicles and parts is unclear and may conflict with the residential 93 nature of the property and neighborhood. 94 M. – There is some evidence that the operation of the business to this point has disturbed the peace 95 and quiet of the neighborhood by way of noise from tow trucks, tracking mud from the property, 96 and traffic from deliveries. These were complaints earlier and since have not been received since. 97 98 Cathy Brightwell explained that the Conditional Use section of WBMC 17.60.040 directs the Commission 99 to approve the conditional use if reasonable conditions can mitigate the reasonably anticipated 100 detrimental effects of the proposed use. If the anticipated detrimental effects cannot be substantially 101 mitigated by the imposition of reasonable conditions to achieve compliance with applicable standards, 102 the conditional use may be denied. 103 104 Ms. Brightwell stated that if the planning commission believes the updated application contains 105 sufficient information to determine the proposed use justifies the findings listed in WBMC 17.60, staff 106 recommends, at a minimum, consideration of the following conditions to mitigate reasonably 107 anticipated detrimental effects of the proposed use. 108 109 Detrimental Effect 1: No off-street parking has been designated for customers or residents. 110 1. At least two spaces of off-street parking for residents must be designated on the property. 111 2. At least one space of off-street parking for customer drop off or pick up must be designated to the 112 south or east side of the shop. 113 3. Customers seeking services may be parked in a designated off-street parking space for a maximum 114 of one hour, all other customer vehicles awaiting services must be parked inside the shop. 115 4. All auto repairs must be performed in the allotted space (25%) inside the shop. 116 5. Owners to provide city staff a current list of personal vehicles showing they are registered or have 117 title in owner’s name. This list must be kept current as vehicles change. 118 6. No outdoor storage of inoperable vehicles is allowed on the property, regardless of ownership. 119 120 Detrimental Effect 2: Commercial traffic disturbs residential neighborhood. 121 1. Business deliveries of supplies and materials will be limited to 3 times per day. 122 2. Customer drop-off and pick-up is limited to a total of 3 times per day. 123 3. Tow truck deliveries will be limited to indoor parking availability and may only be between the hours 124 of 8 am and 6 pm Monday-Friday. 125 a. Alternative: No customer vehicles may be delivered by tow truck. 126 127 Detrimental Effect 3: Environmental & Safety Issues. 128 1. All businesses must meet state and federal environmental quality requirements for auto repair 129 businesses, including but not limited to the following: 130 a. Collect and contain vehicle fluids as required; 131 b. Use a licensed company to collect oil, anti-freeze, and other vehicle fluids; 132 c. All vehicles waiting for work and those with work in progress must be on concrete or asphalt 133 surface that stop fluids from entering the ground. 134 2. Site activities must comply with federal and state EPA Storm Water regulations. 135 3. Owner must provide evidence of compliance with fire codes and any other applicable building 136 codes, and the building/property must remain in compliance. 137 138 139 140 General Home Occupation Conditions: 141 1. Business equipment and vehicles in the detached shop will not exceed 25% of the total building 142 space. 143 2. No additional business equipment will be added without notice to the city for verification of storage 144 limits. 145 3. No signage for the business. 146 4. No employees that do not reside in the home. 147 5. Planning Commission review of neighborhood impact after the first six months of license. 148 149 Applicant, Aimee Hinojosa, took the stand to answer questions. She said the purpose of the fence and 150 gate in front of the property is mostly for family protection and not business purposes. She noted that 151 the gate will remain closed unless an appointment is scheduled for the business. Regarding tow trucks, 152 she explained that they only use one tow truck driver so they can easily schedule deliveries and pick-ups 153 to meet the city’s proposed requirements. The tow truck driver only operates his business from Monday 154 through Friday 9-5. She also noted that they do not use key drop boxes so cars will not be left on the 155 property prior to scheduled appointment times. 156 157 Chairman Malan asked for comments from commissioners. 158 159 Commissioner Butterfield stated that he has concerns about using a residential property for this type of 160 business. He questioned whether the business can be successful given the stringent restrictions that 161 have been proposed. Ms. Hinojosa stated that the business is sustainable to their family needs. They 162 are not interested in growing larger, only making a living to support the family. She added that she also 163 works to support the family. Mr. Butterfield asked if they carry adequate insurance and property 164 coverage and Ms. Hinojosa stated that it all is in place. 165 166 Commissioner Vest asked what type of auto repair is provided. Aimee Hinojosa responded that they 167 specialize in foreign car repairs. She also noted that any fluids used are ordered as needed and not 168 stored on the property. Used fluids are disposed of quickly and regularly using a licensed company. 169 170 Commissioner Sweat said he is comfortable that the proposed conditions will take care of any 171 anticipated problems the business might cause. 172 173 Chairman Malan agreed that the conditions should mitigate any problems caused by the business. He 174 commented that the business will not be able to expand as a home occupation. Ms. Hinojosa again 175 stated that they have no need at this time for their business to be bigger. If the time comes that it does 176 become necessary, they will relocate to a commercial location. Mr. Hinojosa added that it is important 177 to him to balance family time with work, and it is not important for the business to be any bigger than 178 what it is at this time. He has a steady clientele that sustains the needs of the family. 179 180 Action Taken: 181 Corey Sweat made a motion to approve the home occupation and conditional use permit for Auto 182 Italia located at 638 N 660 West for Aimee & Adan Hinojosa with the finding that the conditions to be 183 imposed in the conditional use permit will mitigate the reasonably anticipated detrimental effects of 184 the proposed use and accomplish the purposes of this subsection. The following Conditions will be 185 imposed: 186 1. At least two spaces of off-street parking for residents must be designated on the property. 187 2. At least one space of off-street parking for customer drop off or pick up must be designated to the 188 south or east side of the shop. 189 3. Customers seeking services may be parked in a designated off-street parking space for a maximum 190 of one hour, all other customer vehicles awaiting services must be parked inside the shop. 191 4. All auto repairs must be performed in the allotted space inside the shop as shown on Exhibit B. 192 5. Owners to provide and maintain a current list of personal vehicles showing they are registered or 193 have title in owner’s name and maintain an updated list of personal vehicles every 3 months. 194 6. Tow truck deliveries, customer drop-off and pick up and business deliveries of supplies and 195 materials will be limited to 3 times per day and may only be between the hours of 8 am and 6 pm 196 Monday-Friday. 197 7. Customer drop-off and pick-up is limited to a total of 3 times per day. 198 8. All businesses must meet state and federal environmental quality requirements for auto repair 199 businesses, including but not limited to the following: 200 a. Collect and contain vehicle fluids as required; 201 b. Use a licensed company to collect oil, anti-freeze, and other vehicle fluids; 202 c. All vehicles waiting for work and those with work in progress must be on concrete or asphalt 203 surface that stop fluids from entering the ground. 204 9 Site activities must comply with federal and state EPA Storm Water regulations. 205 10. Owner must provide evidence of compliance with fire codes and any other applicable building 206 codes, and the building/property must remain in compliance. 207 11. Business equipment and vehicles in the detached shop will not exceed 25% of the total building 208 space. 209 12. No additional business equipment will be added without notice to the city for verification of 210 storage limits. 211 12. No signage for the business. 212 13. No employees that do not reside in the home. 213 14. Planning Commission review of neighborhood impact after the first three months of license. 214 215 Alan Malan seconded the motion and further discussion took place. Mr. Butterfield expressed his 216 concerns about having this business in a residential area. Dennis Vest described his personal 217 experience living next to an auto repair business and the associated noise, traffic, and parking of 218 inoperable vehicles. He does not believe it is a good type of business to have in a residential 219 neighborhood. Corey Sweat explained that the law limits their ability to deny the conditional use as 220 all detrimental effects and concerns will be mitigated by the proposed conditions. Chairman Malan 221 called for a vote and voting was tied with Corey Sweat and Alan Malan voting Aye, and Dell 222 Butterfield and Dennis Vest voting Nay. Without a majority vote, the applications are denied. 223 224 Action Taken: 225 Corey Sweat moved to table the agenda item until a full commission is in place to vote. Dell Butterfield 226 seconded the motion and voting was 3 to 1 with Dennis Vest being the opposing vote. 227 228 229 230 4. Public Hearing – Eliminate the Blended Use (B-U) and Legacy Overlay (L-O) Districts and 231 Rezone to A-1 Zone 232 233 Cathy Brightwell summarized the issue for the public hearing. She explained that the B-U zone was 234 adopted in 2009 and the L-O zone was adopted in 2010 to address expected future development around 235 the Legacy Parkway. There was a desire to encourage vibrant, active centers through a variety of uses in 236 a pedestrian, equestrian, and bicycle friendly environment and to promote architectural quality in 237 building designs. Development was to provide a blend of residential, commercial, office, recreation, 238 entertainment, technology-based enterprises, open space, and other types of uses that create a quality 239 design. 240 241 She further explained that the B-U district consists of two sections divided by the Davis County A-1 242 Canal. All development south of the canal is required to meet the development and design requirements 243 listed for the zone and a long list of permitted and prohibited uses. All development north of the A-1 244 canal is restricted to single family detached residential dwellings, equestrian centers and associated 245 facilities, parks and park amenities, trails and related trail amenities, and other facilities that enhance 246 the rural character of this area. The land use regulations for the underlying A-1 zone apply. 247 248 The L-O district provides overlay standards for development of areas in proximity to the Legacy Parkway 249 interchange and connecting transportation corridors along 500 South and Redwood Rd. In conjunction 250 with the B-U zone, the intent is to establish an iconic place where the urbanized environment interfaces 251 with the natural shoreland environment surrounding Legacy Parkway and the Great Salt Lake. 252 253 The development of this area along Legacy Parkway has not materialized as expected, and there is no 254 indication that it will. Most of the regulations in the B-U zone do not apply to the northern area, which is 255 currently owned primarily by Ivory Land Corporation and West Bountiful City. 256 257 The southern area intended for blended use development remains undeveloped except for a portion 258 owned and used for automobile storage. 259 260 It was noted that at the April 11, 2023, meeting, the planning commission discussed the problems, 261 including confusion and misunderstanding by developers, caused by having the B-U and L-O zones. They 262 directed staff to schedule a public hearing on May 9, 2023, to receive comments on a proposal to 263 eliminate both zones and rezone to A-1 (agricultural/residential, minimum one-acre lots). 264 265 Staff added that city’s General Plan states that the B-U Zone was intended as a way “… to help with 266 agricultural preservation by including commercial with rural density residential.” Staff believe that re- 267 zoning the area to A-1 keeps with the intent of agriculture preservation. Staff also believes that the 268 potential re-zone is in line with the General Plan’s goals related to housing and economic development. 269 270 Ms. Brightwell explained that there is one parcel of land that may be questionable for a re-zone to A-1. 271 The Highgate Estates recorded subdivision includes a 0.62-acre parcel on the southwest corner of its 272 property designated as “Lot A.” Due to the location of the lot, which is separated from the remaining 273 subdivision, the lot could not be made a required 1-acre buildable lot when the subdivision was 274 approved. It was declared to be commercial as allowed by the B-U zone. 275 276 277 278 Staff noted the following Items to be considered: 279 • As Lot A is not a residential space now, it cannot be a legal, non-conforming residential lot if the 280 zone is changed to A-1. It can be used for other uses in the A-1 zone, such as agriculture, 281 greenspace, or some form of subdivision amenity. 282 • As the city has in the past stated that the lot should have a commercial use, it could be rezoned 283 to an existing commercial zone such as Commercial Neighborhood (see attached list of 284 permitted and conditional uses for the C-N zone). The intent of the C-N zone is to provide areas 285 in appropriate locations where convenience buying outlets may be established to serve 286 surrounding residential areas. The regulations are designed to promote a combination of retail 287 and service facilities to meet day-to-day needs of area residents in a manner which will minimize 288 any hazard or nuisance to adjacent residential areas. 289 • Lot A could be re-zoned to an existing residential zone such as R-1-22. This residential zone 290 requires lot sizes to be a minimum half acre which would provide a residential use that fits the 291 lot size by allowing one home to be built. 292 • The owner of Lot A could apply for a variance to waive the one-acre minimum for a residential 293 use due to the unique circumstances of this property. 294 295 Staff believes these changes meet the intent of the General Plan, and suggests re-zoning the current B-U 296 and L-O zones to A-1, except Lot A in Highgate Estates which will be designated either: Commercial 297 Neighborhood (WBMC 17.28), or Residential District R-1-22 (WBMC 17.20) 298 299 Action Taken: 300 Corey Sweat moved to open the public hearing at 7:40 pm. Dell Butterfield seconded the motion and 301 voting was unanimous in favor. 302 303 Public Comment: 304 305 Bill Goldberg took the stand and stated that the whole west side should be B-U and not A-1. It is their 306 job as a commission to plan and zone to make life better for the whole of the community. He has been 307 kept from using his property as he sees fit because of limitations with the A-1 zone. He stated that they 308 should not homogenize the whole west side and that each property should be evaluated on its own 309 merit. 310 311 Debby Marshall took the stand and stated that she is thrilled with the work that the Planning 312 Commission is doing to keep things under control as the area has exploded. She supports rezone 313 proposal to A-1 and the elimination of the B-U and L-O districts. 314 315 Action Taken: 316 Corey Sweat moved to close the public hearing at 8:50 pm. Dennis Vest seconded the motion and 317 voting was unanimous in favor. 318 319 320 5. Consider Elimination and Rezone of the Blended Use and Legacy Overlay Districts. 321 322 Commissioner packets included a memorandum dated May 9,2023 from Cathy Brightwell and Kris. This 323 memo provides information on the planning commission’s proposal to eliminate and rezone the 324 Blended Use (B-U) and Legacy Overlay (L-O) zones, as described in the public hearing above. 325 326 Action Taken: 327 Corey Sweat moved to send a recommendation to the City Council to Eliminating the Blended Use and 328 Legacy Overlay Districts and Rezone to A-1 Zone with the exception of the small lot noted as Lot A and 329 spot zone that area to R-1 22. Dennis Vest seconded the motion and voting was unanimous in favor. 330 331 332 6. Olsen Farm 8- Request for Six-Month Extension to Provide Complete Final Plat for City 333 Council Approval. 334 335 Commissioner packets included a memorandum from Kris Nilsen dated May 5, 2023, regarding Olsen 336 Farm 8-Request for Six-Month Extension to Provide Complete Final Plat for City Council Approval. 337 338 Kris Nilsen explained that resolution of ownership was needed and caused a big delay for this project. 339 He explained that Chree Martin applied for a 4-lot subdivision at 1655 N Olsen Way in February 2022. 340 This project received final plat approval, with conditions, from the planning commission on May 24, 341 2022. WBMC 16.16.030 requires a complete application to be filed with the city council within one year 342 of planning commission approval. If the filing is not made within one year, the applicant can file a 343 request with the planning commission for a 6-month extension. 344 345 Mr. Nilsen stated that a request with good cause shown, has been filed by the applicant to provide a six 346 month extension in case the final plat cannot be filed by May 24, 2023. He noted that except for a few 347 conditions from Weber Basin and some storm drain issues, staff has no outstanding problems with the 348 project. 349 350 Action Taken: 351 Dell Butterfield moved to approve the extension for Olsen Farm #8 for 6 months. Dennis Vest seconded 352 the motion and voting was unanimous in favor. 353 354 7. Consider Meeting Minutes from April 25, 2023 355 356 Action Taken: 357 Corey Sweat moved to approve the minutes from April 11, 2023, as presented. Dell Butterfield 358 seconded the motion and voting was unanimous in favor. 359 360 361 8. Staff Report 362 363 a. Engineering (Kris Nilsen) 364 • Public Works building will be ready for the Spring Clean Up on Thursday. Concrete for the 365 wash bay has been poured and there is one more pour for salt storage. There are still a few 366 things on the inside that need to be done. 367 • Google Fiber is still completing landscape and repair. A complete inspection of entire project 368 will be done soon and a punch list made. Dell Butterfield reported that in some areas dead 369 sod is being put in. Staff is taking notes and reporting issues to the company to be 370 addressed. Their bond will be held for 1 year. Service is up in some parts of the city and 371 people are already signing up. 372 • Construction of this year’s waterline projects will begin soon. 373 • No flooding has occurred to date. All snowmelt is being handled by the canals so far 374 although there has been some backup of water on 1200 North next to Legacy Parkway. 375 376 b. Community Development (Cathy Brightwell) 377 • Good weather seems to be creating an increase in building permits and staff is seeing a lot 378 of residential landscaping taking place after last year’s restrictions. Staff is challenged is to 379 inform residents of the need to submit a landscaping plan for review to make sure they 380 meet the new water efficient rules. 381 • Governor Cox announced this week a new state rebate program for landscaping. The new 382 program is being managed by Utah Water Savers and is not limited to parkstrips but 383 includes the entire yard. This new program will match Weber Basin’s park strip rebate of 384 $1.25 making the total rebate amount $2.50 per square foot. Property owners must sign up 385 for the program to qualify. 386 • Ivory Homes is working on concept plans and may be ready to submit an application in the 387 next few weeks. Staff has received a draft but not an application. The Phase 1 plat still has 388 not been recorded but we understand they are getting close. 389 • Deby Marshall shared an Ivory postcard advertising for ADUs. Cathy said the restriction on 390 detached ADU’s has been explained to them and they know they have to sign a Non ADU 391 agreement that the space will not be used as a dwelling. 392 393 9. Adjourn. 394 395 Action Taken: 396 Corey Sweat moved to adjourn the regular session of the Planning Commission meeting at 9:17 pm. 397 Dell Butterfield seconded the motion. Voting was unanimous in favor. 398 399 ...................................................... 400 401 The foregoing was approved by the West Bountiful City Planning Commission on May 23, 2023, by 402 unanimous vote of all members present. 403 ____________________________________ 404 Cathy Brightwell – City Recorder 405