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, JUNE 13, 2023, AT THE CITY OFFICES. 1. Prayer/Thought – Commissioner Vest; Pledge of Allegiance – Commissioner Mitchell. 2. Confirm Agenda. 3. Discuss Request to Change Text Regarding Accessory Structure Heights by Jeremy Broderick, 1451 N 950 West. 4. Discuss Home Occupation Business License Uses. 5. Meeting Minutes from May 23, 2023. 6. Staff report a. Engineering (Kris Nilsen) b. Community Development (Cathy Brightwell) 7. Adjourn. ---------------------------------------------------- This agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), emailed to planning commissioners, and provided to the Davis Journal on June 9, 2023, by Cathy Brightwell, City Recorder.  MEMORANDUM TO: Planning Commission DATE: June 9, 2023 FROM: Kris Nilsen, Cathy Brightwell RE: Request to Change Text Regarding Accessory Structure Heights __________________________________________________________________________________ Background Jeremy Broderick, at 1451 N 950 West (Ranches at Lakeside), is located in the R-1-22 zone and has petitioned the Commission to consider modifying the current accessory structure height regulations. The purpose of his request is to modify the setback chart (attached) to allow for increased height with smaller setbacks, while not changing the overall height allowed in each zone. A description of the request is summarized below. Mr. Broderick wants to build a garage that will store his RV, which requires a 14 ft garage door. Given the space he has available on his lot and the current setback requirements, he is unable to build a structure that meets his needs. He notes that because he is on a corner lot, his rear yard faces his neighbor’s side yard. The neighbor’s home (or any home) can be up to 35 feet high 10 feet from the property line, yet his accessory structure is limited to a height of 24 feet at the same 10 foot setback. Until a couple years ago, accessory structure heights were approved by the planning commission on a case by case basis as part of a conditional use permit application. As a result, several of his neighbors have accessory structures similar to what he is asking for that do not meet current code. Summary of Request Mr. Broderick is seeking a text change to the accessory building height/setback regulations as proposed below: • The side/rear setback can be reduced if the structure has a Hip style roof. (see attached diagram) a. The side/rear setback to the peak of the roof (not wall) will be measured from the property line. b. The side/rear setback to the wall will be measured from the property line and can be shorter than the setback measurement to the peak. c. The minimum side/rear setback to the exterior wall is 6 ft. Discussion • The current regulations are intended to reduce the impact of tall buildings to neighbors. • The distance from the property line to the peak is the same under both scenarios. The difference is the distance of the wall from the property line. • The line of site (view) at a 12 ft height is the same for both scenarios. • The line of site (view) at a 6 ft height is slightly more obstructed. Staff Recommendation If the Commission believes there is merit in considering the request, or a variation of the request, staff recommends a public hearing be scheduled for the next meeting. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  MEMORANDUM TO: Planning Commission DATE: June 9, 2023 FROM: Cathy Brightwell, Kris Nilsen RE: Home Occupation Business License Uses _______________________________________________________________________________ Background The city council recently discussed the need to clarify what types of business qualify as home occupations. The city’s commercial zones list uses that are permitted, conditional, and prohibited. Residential zones do not currently exclude any businesses from consideration for home occupations. If it is determined that a home occupation business may conflict with the intent of the Home Occupation regulations without imposing additional conditions, a conditional use permit review by the planning commission is required. In some cases, this process satisfactorily addresses situations where businesses can be successful and not negatively impact the neighborhood, but there are some businesses that should not qualify as home occupations based on traffic, parking, noise, safety, health, and visual effects, etc. Discussion A home occupation is defined in code 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 West Bountiful City.” Staff reviewed ordinances from surrounding cities and found that many include a list of prohibited uses. After our review, we have identified several types of businesses that the city may want to prohibit from becoming home occupations, as shown on the attached exhibit. These uses, by nature of the investment or operation, have a pronounced tendency once started to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Staff Recommendation The attached proposal is intended for further review and discussion. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 WBMC 5.28 HOME OCCUPATIONS 5.28 Home Occupations 5.28.010 Definitions 5.28.020 Purpose; License Required 5.28.030 Application For License 5.28.030 Specific Businesses Prohibited 5.28.040 Requirements 5.28.050 Exemptions To License 5.28.060 Noncompliance; Revocation And Suspension Of Permit 5.28.070 Home Occupation Business License Renewal And Delinquency 5.28.080 License Not Transferrable 5.28.010 Definitions "Home occupation" means 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 West Bountiful City. 5.28.020 Purpose; License Required The purpose of this chapter is to protect the residential character and lifestyle of residential zones within West Bountiful City. To ensure compliance with this chapter, a Home Occupation Business License must be obtained from West Bountiful City before a person may use any part of a dwelling in a residential zone for a home occupation. Under certain circumstances provided in Section 5.28.030, a conditional use permit must also be obtained. Home occupations shall not be licensed, approved, or conducted without the written consent of the property owner. 5.28.030 Application For License A. A Home Occupation Business License Application may be obtained from the city offices or from the city website. Each application shall be accompanied withbby payment of the business license fee as provided in 5.04.040. It is unlawful for any person to provide false information to the city in relation to the application for, issuance of, or continuation of, a business license, or to knowingly cause or permit the same to be done. B. The applicant shall give written notice of the nature and description of the home occupation to all property owners within three hundred (300) feet of the exterior boundaries of the property upon which the home occupation is to be conducted. Evidence of the required notice must be supplied to West Bountiful City as part of the Home Occupation Business License Application. C. Except as provided in subsection D, the City Recorder may issue the Home Occupation Business License when: 1. The requirements of 5.28.040 this section have been satisfied; or 2. If a conditional use permit is required from the Planning Commission, the permit has been issued, the conditions of that permit have been satisfied, and the applicant has agreed to the conditions in writing.  D. Notwithstanding subsection C, the applicant must also apply for a conditional use permit and pay the application fee for review and approval by the Planning Commission under Chapter 17.60 if any of the following apply: 1. The home occupation requested conflicts with the minimum requirements provided in Section 5.28.050; 2. The City Recorder determines that approval of the application may conflict with the intent of this chapter without imposing additional conditions; 3. The applicant or City receives a notice of protest to the application; or 4. The Home Occupation Business License Application is for a day care, nursery, or preschool, which must follow Utah Department of Health regulations for child day care including, but not limited to, a background check. 5.28.040 Specific Businesses Prohibited Notwithstanding any provision of this chapter to the contrary, the following uses cannot qualify as home occupations: A. Motor vehicle sales, rentals, and outdoor storage of vehicle inventory; B. Repair, bodywork, painting, glass replacement, or detailing for automobiles, trucks, boats, motorcycles, snowmobiles, recreation vehicles, and similar motor or engine-operated equipment; C Major appliance repair (washers, dryers, refrigerators, etc.); D. Towing and trucking, except where on-site operations are limited to office-related functions; E. Welding or machine shop; F. Funeral Chapels and Mortuaries; G. Gifts Shops; H. Restaurants; I. Kennels (except as permitted in the A-1 zone), in-home veterinary services, or animal day-care; J. Sexually-oriented businesses; K. Retail tobacco specialty businesses; L. Retail e-cigarette specialty businesses; M. Medical Cannabis pharmacy; N. Any business that is demonstrated to be substantially similar to the prohibited uses described above; and O. Any business that is prohibited in the City’s commercial and industrial zones. 5.28.050 Requirements A. A person who is not a resident of the dwelling shall not be employed to work on the premises. B. The home occupation must be clearly incidental and secondary to the use of the dwelling or structure in which it is located and may not change its purpose or character. C. The home occupation shall not involve the use of any part of a dwelling or structure for which by reason of state, federal or local law or ordinances, special or extra entrances or exits or special rooms are required as a prerequisite condition to the operation of such use or for which said laws or ordinances require a license or permit, except as approved by the Planning Commission. D. More than one Home Occupation Business License may be issued if the additional businesses will function as one business operation and if after review, it is specifically determined that the total of all businesses will not have an impact on the community greater than one business. E. The home occupation shall not involve the use of more than the equivalent of fifteen (15) percent of the main used floor area of the dwelling, nor involve the installation of special equipment and/or fixtures, plumbing or electrical wiring for such special fixtures or equipment which are not  ordinarily or customarily used in a dwelling, unless otherwise approved by the Planning Commission. F. 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. G. Inventory or supplies may not occupy more than fifty (50) percent of the permitted area. No storage of merchandise, equipment, or materials shall occur outside the home or outside an approved garage or accessory structure. H. Additional conditions may be imposed by the Planning Commission if the garage or accessory structure is to be used for: 1. Storage of chemicals or tanks; or 2. Storage of equipment or vehicles. I. If a home occupation is authorized for a garage or accessory structure, off-street parking arrangements in compliance with this title must exist for any personal vehicles owned and/or operated by the applicant. J. If a garage is used for a home occupation, minimum space shall be maintained for at least one person automobile (for a 1-car garage) or for 2 personal automobiles (for a garage designed to accommodate 2 or more automobiles). K. A home occupation shall not involve the use or parking of equipment or motor vehicles having a gross weight of twelve thousand (12,000) pounds or more at the residence. L. With the exception of drop-offs or pick-ups associated with an instructional occupation, on-street parking at any location other than directly adjacent to the approved site is prohibited. M. Yard space may not be used for home occupation activities, except: 1. Outside private swimming pools may be used for swimming instruction if the swimming instruction is given by a bona fide resident of the dwelling. 2. Yard space may be used for day care provided the yard is entirely fenced. 3. Yard space may be used for other similar activities that will not alter the residential nature of the neighborhood in which the home occupation will be conducted. In no event shall outdoor storage be permitted in relationship to the Home Occupation Business License. N. Hours of operation shall be limited to the hours of 7:00 am and 9:00 pm, unless shorter hours are set by the planning commission. O. The home occupation must comply with all fire, building, plumbing, electrical and health codes and all federal, state and local laws. P. The home occupation may not cause or create a demand from municipal or utility services or community services, including traffic, in excess of those usually and customarily provided for in residential uses. Home occupations which will generate additional traffic or parking in excess of those usual and customary residential uses require Planning Commission approval. Q. The home occupation may not be a nuisance or cause undue disturbance to the neighborhood. R. The home occupation may not alter the residential character of the premises or unreasonably disturb the peace and quiet, including radio and television reception, of the neighborhood by reasons of color, design, materials, construction, lighting, odors, sounds, noise or vibrations. S. Merchandise, goods, or customer services may not be advertised or otherwise visible from the exterior of the building in which the home occupation is operated.  T. Signs, advertising or displays of any kind mayshall not be visible from the public streets or from the exterior boundaries of the property on which the home occupation is conducted. U. The home occupation shall be operated in a manner that complies with any special conditions established by the Planning Commission and made part of the record in connection with the application for a conditional use permit, as the Planning Commission deems necessary to carry out the provisions and intent of this chapter and Chapter 17.60. V. Home occupations requiring State or Federal licensing must be in compliance with all State and Federal regulations before a Home Occupation Business License will beis issued. 5.28.050 Exemptions To License The following uses are exempt from the provisions of this chapter: 1. Sale of goods or services by City residents age 14 and under which sale of goods or services does not conflict with other sections of this Code; 2. Temporary home occupations such as garage sales, yard sales, or craft boutiques that occur not more than four (4) times a year with each event lasting not more than seventy-two (72) hours; 3. Promotional meetings for the purpose of taking orders for merchandise, by invitation only, which occur not more than once per month; 4. Community/neighborhood fund raisers which are sponsored and/or approved by City staff; 5. Any person engaged in business for solely religious, charitable or other type of strictly nonprofit purpose who is tax-exempt in such activities under the laws of the United States and the State of Utah; 6. Any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the State of Utah; 7. Any person selling, offering for sale, or taking orders for or soliciting the sale of any farm products, but not including dairy products, actually produced, raised or grown by the person so selling, offering for sale or taking orders for, or soliciting the sale of any such farm products; and 8. Other exemptions as specifically approved in writing by the City Council. 5.28.060 Noncompliance; Revocation And Suspension Of Permit The City Recorder may revoke or suspend, or decline to renew, a Home Occupation Business License for a violation of any of the requirements of this chapter, or for failure of the licensee to comply with the conditions of the license. The Planning Commission may revoke, suspend or modify the conditional use permit associated with a Home Occupation Business License for violation of any of the requirements of this chapter or Chapter 17.60, or the conditions of the permit; or for failure of the permit holder to maintain the Home Occupation Business License. The Planning Commission may suspend the permit temporarily to give the permit holder a specified reasonable period of time to cure deficiencies. If such deficiencies are not cured by the specified period of time, the Planning Commission shall revoke the conditional use permit associated with the Home Occupation Business License. During the period of suspension, the Planning Commission may impose any restrictions or conditions upon the permit holder, including cessation of all activities. 5.28.070 Home Occupation Business License Renewal And Delinquency A Home Occupation Business License is subject to annual renewal, with the license year being the calendar year. A Home Occupation Business License shall be renewed annually provided there have been no confirmed violations or detrimental effects which may, in the opinion of the zoning administrator, require termination, or planning commission review if the home occupation was approved as a conditional use. All license fees provided herein shall be due and payable on or before January 15th of any calendar year, or before commencing a new business. In the event any fee is not paid on or before such date, a penalty of fifty (50) percent of the amount due shall be imposed and shall become a part of the license fee imposed by this chapter. The date of delinquency and the amount of the penalty may be amended periodically by resolution of the City Council provided that the amended date and penalty shall be prospective only, effective the next calendar year. 5.28.080 License Not Transferrable No license granted or issued under the provisions of this chapter shall in any manner be assignable or transferable or authorize any person other than the licensee named therein to do the business specified in the license.  1 West Bountiful City May 23, 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, on the 5 West Bountiful City website, and at city hall on May 19, 2023, per state statutory requirement. 6 7 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, May 23, 2023, at 8 West Bountiful City Hall, Davis County, Utah. 9 Those in Attendance: 10 MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Dennis Vest, Laura 11 Mitchell, Dell Butterfield, and Council member Kelly Enquist. 12 STAFF ATTENDING: Kris Nilsen (City Engineer), Cathy Brightwell (Recorder), Debbie McKean (Secretary) 13 and Steve Doxey (City Attorney). 14 VISITORS: Aimee & Adan Hinojosa, Deby Marshall, Dannie McConkie, Judy Rapp, Amy Parker, Brooklyn 15 White, F.C., Dave Ryan, Jen Nielsen 16 The meeting was called to order at 7:30 pm by Chairman Malan. 17 1. Prayer by Commissioner Butterfield 18 Pledge of Allegiance- Commissioner Vest 19 20 2. Confirm Agenda 21 Chairman Malan reviewed the proposed agenda. Laura Mitchell moved to approve the agenda as 22 presented. Corey Sweat seconded the motion. Voting was unanimous in favor among all members 23 present. 24 25 3. Conditional Use Application for Home Occupation for Auto Italia Repairs at 638 N 660 W 26 27 Commissioner packets included a memorandum dated May 19, 2023, from Staff regarding a review of 28 the home occupation and conditional use applications for Auto Italia auto repair business with attached 29 Conditional Use Permit application, Home Occupation Permit Application, site plans and marked 30 exhibits. These applications were initially presented to the planning commission on January 24, 2023, 31 but tabled when it was determined the applicants did not reside on the property. The applications were 32 again presented on May 9, 2023, after applicants took possession of the home. As there was a tie vote 33 by the four members present at the planning commission meeting on May 9, 2023, the conditional use 34 application was tabled until a full commission was available. 35 36 Cathy Brightwell briefly reviewed the details of the updated application. 37 1. The applicants now reside at the property. 38 2. The only employees of the proposed business are the two owners. 39 3. Customers are by appointment-only between 10 am and 5 pm, Monday through Friday. 40 4. They intend to use 500 square feet of the 2,000 square feet detached shop for auto 41 repair/business purposes, which they estimate is enough room to work on two vehicles. A 100 42 square foot bedroom in the home will be used as office space. Page 1 43 5. Used oil and anti-freeze will be kept in 2 barrels regularly picked up by a recycling service. 44 6. Customers will drop off and pick up vehicles at arranged times. 45 7. No street parking will be used by customers. 46 8. All vehicles and equipment tied to the business will be stored inside the garage; only personal 47 items will be in the yard. 48 9. Deliveries of parts are estimated to be 1-3 times a day. 49 10. There may be an occasional tow truck but scheduling will be controlled. 50 11. All fire inspections have been completed and passed. 51 12. Applicants are in the process of installing a privacy fence with gate that will limit access to 52 scheduled customers only. 53 Ms. Brightwell reviewed the potential detrimental effects that were discussed at the previous meeting 54 and the list of conditions intended to mitigate these effects as shown below. 55 Detrimental Effect 1: No off-street parking has been designated for customers or residents. 56 1. At least two spaces of off-street parking for residents must be designated on the property. 57 2. At least one space of off-street parking for customer drop off or pick up must be designated to the 58 south or east side of the shop. 59 3. Customers seeking services may be parked in a designated off-street parking space for a maximum 60 of one hour, all other customer vehicles awaiting services must be parked inside the shop. 61 4. All auto repairs must be performed in the allotted space (25%) inside the shop. 62 5. Owners to provide city staff a current list of personal vehicles showing they are registered or have 63 title in owner’s name. This list must be kept current as vehicles change. 64 6. No outdoor storage of inoperable vehicles is allowed on the property, regardless of ownership. 65 66 Detrimental Effect 2: Commercial traffic disturbs the residential neighborhood. 67 1. Business deliveries of supplies and materials will be limited to 3 times per day. 68 2. Customer drop-off and pick-up is limited to a total of 3 times per day. 69 3. Tow truck deliveries will be limited to indoor parking availability and may only be between the 70 hours of 8 am and 6 pm Monday-Friday. 71 a. Alternative: No customer vehicles may be delivered by tow truck. 72 73 Detrimental Effect 3: Environmental & Safety Issues. 74 1. All businesses must meet state and federal environmental quality requirements for auto repair 75 businesses, including but not limited to the following: 76 a. Collect and contain vehicle fluids as required; 77 b. Use a licensed company to collect oil, anti-freeze, and other vehicle fluids; 78 c. All vehicles waiting for work and those with work in progress must be on concrete or asphalt 79 surface that stop fluids from entering the ground. 80 2. Site activities must comply with federal and state EPA Storm Water regulations. 81 3. Owner must provide evidence of compliance with fire codes and any other applicable building 82 codes, and the building/property must remain in compliance. 83 84 Additional General Home Occupation Conditions: 85 1. Business equipment and vehicles in the detached shop will not exceed 25% of the total building 86 space. Page 2  87 2. No additional business equipment will be added without notice to the city for verification of 88 storage limits. 89 3. No signage for the business. 90 4. No employees that do not reside in the home. 91 5. Planning Commission review of neighborhood impact after the first six months of license. 92 93 Staff added they would like to do periodic inspections, after reasonable notice and with the owner 94 present, as they see a need. 95 96 Steve Doxey noted that if the planning commission feels the proposed conditions will mitigate the 97 anticipated detrimental effects of the home occupation business, they are required to approve it. If 98 reasonable conditions cannot mitigate the detrimental effects, the request can be denied. 99 100 There was discussion on several of the anticipated detrimental effects and proposed conditions. 101 Commissioner Mitchell stated that similar to regular home deliveries there is no control over time or 102 type of deliveries by Amazon and other such carriers. Applicant stated that auto parts deliveries, like 103 O’Reilly, can be scheduled and controlled when orders are placed. 104 105 Laura also commented that staff inspections would be a good way to monitor the success of the 106 conditions, but she does not want staff inundated with neighborhood complaints forcing them to 107 conduct more inspections than needed. She is also concerned that numerous complaints made by the 108 same people on a regular basis could be a problem. 109 110 Steve Doxey informed the commission that the city is the one to determine when an inspection is 111 needed. Staff can continue to monitor neighbor complaints, but they will not always trigger inspections. 112 As far as adding a condition that staff conduct random inspections, Mr. Doxey noted that staff already 113 has that authority, so it is not needed as a separate condition. 114 115 Corey Sweat suggested combining delivery conditions to make them more clear. Some discussion took 116 place, and it was agreed that regular carriers like UPS, Amazon, and Fed Ex delivering personal items to 117 the home are not included in the condition. 118 119 Commissioner Butterfield stated that he struggles with this issue in many ways. He is concerned about 120 the impact to the neighborhood of an auto repair business operating in a residential area, but after 121 studying the law and similar cases, he learned that documented findings have to be found in order to 122 deny the permit. As long as conditions can be placed on the applicant to mitigate the impact, the 123 request needs to be approved. He looked at the emails he has received complaining about the business 124 and noted that no documented facts were presented that provide a reason for denial. All the 125 detrimental effects were addressed and with the proposed conditions they should be solved. 126 127 Dennis Vest said he has thought hard about his negative vote at the last meeting and comments that we 128 should not be denying someone’s ability to make a living, but he is concerned that the 25% allotted 129 space (500 square feet) is not sufficient or realistic. He visited several commercial auto repair businesses 130 to determine the minimum space required to work on two vehicles. The owner of the first shop he 131 visited stated that 660 square feet would be the minimum they would want to have. The second shop 132 said that 900 square feet would be his minimum. The third shop owner reported that his minimum 133 would be 1600 square feet for safety reasons. Mr. Vest asked the shop owner what the biggest problem 134 he has in his business. He responded that parking is always an issue because of delays in receiving parts, Page 3 135 customer’s paydays, vacations, etc. He added that he didn’t think it was reasonable to believe delivery 136 of products could be controlled. 137 138 Commissioner Vest further stated that some of the conditions cannot be reasonably enforced. He does 139 not think it is a good location to run this type of business in a residential neighborhood. He stated that 140 the city does not have the resources to monitor such a business and the conditions placed on it as part 141 of issuing this permit. He wants to see the applicants succeed but he does not believe they can in this 142 location and with the conditions being placed on the business. 143 144 Action Taken: 145 Corey Sweat made a motion to approve the home occupation and conditional use permit for Auto Italia 146 located at 638 N 660 West for Aimee & Adan Hinojosa with the finding that the conditions to be imposed 147 will mitigate the reasonably anticipated detrimental effects of the proposed use and accomplish the 148 purposes of the Conditional Use section in West Bountiful Code (WBMC 17.60). The following Conditions 149 will be imposed: 150 1. At least two spaces of off-street parking for residents must be designated on the property. 151 2. At least one space of off-street parking for customer drop-off or pick up must be designated to the 152 south or east side of the shop. 153 3. Customers seeking services may be parked in a designated off-street parking space for a maximum 154 of one hour, all other customer vehicles awaiting services must be parked inside the shop. 155 4. All auto repairs must be performed in the allotted space inside the shop as shown on Exhibit B. 156 5. Owners to provide and maintain a current list of personal vehicles showing they are registered or 157 have title in owner’s name and maintain an updated list of personal vehicles every 3 months. 158 6. Tow truck deliveries, customer drop-off and pick up and business deliveries of supplies and 159 materials will be limited to 3 times per day and may only be between the hours of 8 am and 6 pm 160 Monday-Friday, with the exception of any personal common carrier deliveries. 161 7. All businesses must meet state and federal environmental quality requirements for auto repair 162 businesses, including but not limited to the following: 163 a. Collect and contain vehicle fluids as required; 164 b. Use a licensed company to collect oil, anti-freeze, and other vehicle fluids; 165 c. All vehicles waiting for work and those with work in progress must be on concrete or asphalt 166 surface that stop fluids from entering the ground. 167 8. Site activities must comply with federal and state EPA Storm Water regulations. 168 9. Owner must provide evidence of compliance with fire codes and any other applicable building 169 codes, and the building/property must remain in compliance. 170 10. Business equipment and vehicles in the detached shop will not exceed 25% of the total building 171 space (2000 sf x 25% = 500 sf). 172 11. No additional business equipment will be added without notice to the city for verification of 173 storage limits. 174 12. No signage can be used for the business. 175 13. No employees that do not reside in the home. 176 14. Planning Commission review of neighborhood impact after the first three months of license. 177 15. Upon reasonable notice, the city can inspect the premises periodically with the owner present. 178 179 Laura Mitchell seconded the motion. Chairman Malan called for a roll call vote. The Motion passed with 180 a vote of 4 to 1, as shown below: 181 Dell Butterfield- Aye Corey Sweat- Aye Laura Mitchell- Aye 182 Dennis Vest- Nay Alan Malan- Aye Page 4 183 184 4. Consider Meeting Minutes from May 9, 2023. 185 186 Action Taken: 187 Corey Sweat moved to approve the minutes from May 9, 2023, as presented. Dell Butterfield seconded 188 the motion and voting was unanimous in favor. 189 190 5. Staff Report 191 192 a. Engineering (Kris Nilsen) 193 • Public Works building is being carpeted and the inside completed so move in can begin next 194 month. Asphalt should go down in two weeks. 195 • The Spring clean-up went well, and people seemed to like the new location. 196 • No flooding issues. Some water was backing up on the east side of Legacy Parkway at 1200 197 North because it couldn’t get through, but it has improved. 198 • Google Fiber is still working on clean-up. City will do inspections and hold their feet to the 199 fire to make sure everything is completed and done well. 200 • Pre-construction meeting on the upcoming water line project was held and they expect to 201 begin in a few weeks. They will make sure park access and the parade are not affected for 202 the 4th of July events. 203 204 b. Community Development (Cathy Brightwell) 205 • Moderate Income Housing Strategy report is due in August. Strategy # 1 (Station Area Plan) 206 is being handled by Duane. Moderate Income housing is required in locations within a 207 certain proximity to a transit station, like the Woods Cross FrontRunner station. The 208 affected area in West Bountiful includes the Holly Frontier Refinery which is not ideal for 209 housing. A study has to be done in order to be exempt from that requirement and the city 210 just found out it is getting a $30,000 grant to do the study. Strategy #2 (Parking) has been 211 reviewed by the planning commission and a hearing will be held on June 13. Strategy #3 212 (Impact Fees)- does not have to have a public hearing and will be handled by the city 213 council. Once the report is submitted in August, additional strategies can be discussed for 214 next year’s report. 215 • New legislation requires we adopt an Airport Overlay Zone since there is a tiny piece of city 216 property within the regulated distance of the airport. 217 • She also noted that the city council has asked planning commission to look at uses that may 218 be appropriate to exclude as home occupations. This will be a good time to finish the project 219 started last year to clean up types of uses in each of the zones. 220 221 Commission comments: 222 Laura Mitchell stated that there have been a lot of large dump trucks going down 1200 North. It was 223 explained that they were aware of this issue and have shut the offenders down from dumping dirt on 224 the property to the east of the public works building. It was not the city doing this. 225 226 Dennis Vest noted that pickleball players have asked to have a trash can by the courts. Chairman Malan 227 noted that this request has come up before and he was told by the city that most city parks have a policy 228 top pack it in and pack it out. He reported that they are practicing that policy at the baseball fields and it 229 seems to be working fine. 230 Page 5 231 6. Adjourn. 232 233 Action Taken: 234 Corey Sweat moved to adjourn the regular session of the Planning Commission meeting at 8:20 pm. 235 Laura Mitchell seconded the motion. Voting was unanimous in favor. 236 237 ...................................................... 238 239 The foregoing was approved by the West Bountiful City Planning Commission on June 13, 2023, by 240 unanimous vote of all members present. 241 ____________________________________ 242 Cathy Brightwell – City Recorder 243 Page 6