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 27, 2023, AT THE CITY OFFICES. 1. Prayer/Thought – Commissioner Mitchell; Pledge of Allegiance – Commissioner Malan. 2. Confirm Agenda. 3. Public Hearing to Consider a Request from Jeremy Broderick, 1451 N 950 West, to Change the Way Accessory Structure Heights are Measured. 4. Consider Request from Jeremy Broderick to Change the Way Accessory Structure Heights are Measured. 5. Meeting Minutes from June 13, 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 23, 2023, 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 Dell Butterfield Laura Mitchell City Recorder/ Phone (801) 292-4486 Corey Sweat Community FAX (801) 292-6355 Dennis Vest Development Cathy Brightwell NOTICE OF PUBLIC HEARINGS The Planning Commission will hold a public hearing at City Hall on Tuesday, June 27, 2023, beginning at 7:30 p.m., or as soon as agenda permits. The purpose of the hearing is to provide public input on a proposal by Jeremy Broderick to change the way height for accessory structures is calculated. The proposal does not change the current height allowance but adjusts the setback calculations. More information can be found on the city website at www.WBCity.org in the 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  MEMORANDUM TO: Planning Commission DATE: June 23, 2023 FROM: Kris Nilsen, Cathy Brightwell RE: Request to Change Text Regarding Accessory Structure Heights __________________________________________________________________________________ This memo summarizes the request by Jeremy Broderick for a change in city code regarding the way height is measured for accessory structures. 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 attached setback chart to allow for a different way of measuring height and 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 side of the roof that is being measured is 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 less than the setback measurement to the peak. (see attached chart) c. The minimum side/rear setback to the exterior wall is 6 ft. Discussion • The current regulations are intended to reduce the impact on neighbors of tall buildings. • 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. • Under this proposal, two measurements would be required – setback to wall and setback to peak. A public hearing has been scheduled for this evening to consider the request, or a variation of the request. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  HEIGHT CHART COMPARISON Current Proposed New Proposal requires two measurements as shown below CURRENT R-1-22 - ACCESSORY STRUCTURE PROPOSED R-1-22 - ACCESSORY STRUCTURE Measurement 1 Measurement 2 Max. Height Min. Side/Rear Setback1 at Max. Height 1 Min. Side/Rear Setback at Min. Side/Rear Setback1 at (Roof peak and/ or Max. Height of Roof Peak (Roof Peak and/ or Max. Height of Roof Peak Max. Height of Wall Wall) and/or Wall wall) 2 2 2 ≤ 20 ft 6 ft ≤ 20 ft 6 ft 6 ft ≤ 20 ft ≤ 21 ft 7 ft ≤ 20 ft ≤ 21 ft 7 ft 7 ft ≤ 21 ft ≤ 22 ft 8 ft ≤ 21 ft ≤ 22 ft 8 ft 8 ft ≤ 22 ft ≤ 23 ft 9 ft ≤ 22 ft ≤ 23 ft 9 ft 9 ft ≤ 23 ft ≤ 24 ft 10 ft ≤ 23 ft ≤ 24 ft 10 ft 10 ft ≤ 24 ft ≤ 25 ft 11 ft ≤ 24 ft ≤ 25 ft 11 ft 11 ft ≤ 25 ft ≤ 26 ft 11.5 ft ≤ 25 ft ≤ 26 ft 11.5 ft 11.5 ft ≤ 26 ft ≤ 27 ft 12 ft ≤ 26 ft ≤ 27 ft 12 ft 12 ft ≤ 27 ft ≤ 28 ft 12.5 ft ≤ 27 ft ≤ 28 ft 12.5 ft 12.5 ft ≤ 28 ft ≤ 29 ft 13 ft ≤ 28 ft ≤ 29 ft 13 ft 13 ft ≤ 29 ft ≤ 30 ft 13.5 ft ≤ 29 ft ≤ 30 ft 13.5 ft 13.5 ft 1 Does not apply to street side yards, which have separate restrictions. 2 Setback may be reduced to 3 ft. if adjacent wall is built to fire code standards.  1 West Bountiful City June 13, 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 June 9, 2023, per state statutory requirement. 6 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, June 13, 2023, at 7 West Bountiful City Hall, Davis County, Utah. 8 Those in Attendance: 9 MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Dennis Vest, Laura Mitchell, and Council 10 member Kelly Enquist. 11 MEMBERS EXCUSED: Commissioners Corey Sweat and Dell Butterfield. 12 STAFF ATTENDING: Kris Nilsen (City Engineer), Cathy Brightwell (Recorder) and Debbie McKean 13 (Secretary). 14 VISITORS: Aimee Hinojosa, Dan McConkie, Katy Broderick, Jeremy Broderick 15 The meeting was called to order at 7:30 pm by Chairman Malan. 16 1. Prayer by Commissioner Vest 17 Pledge of Allegiance- Commissioner Mitchell 18 19 2. Confirm Agenda 20 Chairman Malan reviewed the proposed agenda. Laura Mitchell moved to approve the agenda as 21 presented. Dennis Vest seconded the motion. Voting was unanimous in favor among all members 22 present. 23 24 3. Public Hearing–Consider Changes to the City’s Parking Regulations as Part of the 2023 25 Moderate Income Housing Strategy 2 (WBMC 17.44 and 17.52) 26 27 Commissioner packets included a memorandum dated June 12, 2023, from staff and consultants. The 28 memo describes the city’s efforts to address its Moderate Income Housing Strategies for 2023 with 29 attached redline copy of changes to WBMC 17.52 Off Street Parking and 17.44-Housing in Certain 30 Commercial Areas Overlay Site Design. 31 32 Cathy Brightwell explained that in 2022, the Utah legislature required the city to select and plan for the 33 implementation of a minimum of three moderate income housing strategies. Updates were adopted to 34 the housing section of the city’s General Plan to help achieve goals toward increasing moderate income 35 housing. Recent legislation requires the city to submit updates by August 1, 2023, regarding its success 36 in accomplishing the Strategies. 37 38 She reviewed the three Strategies selected by the city listed below: 39 • Strategy 1 – Develop and Adopt a Station Area Plan in Accordance with Section 10-9a-403.1. 40 • Strategy 2 – Amend Land Use Regulations to Eliminate or Reduce Parking Requirements for 41 Residential Development Where a Resident is Less Likely to Rely on the Resident’s Own Vehicle, 42 such as residential development near major transit investment corridors or Senior Living facilities. 43 A public hearing is required and scheduled for this evening. 44 • Strategy 3 – Reduce, Waive, or Eliminate Impact Fees related to Moderate Income Housing. 45 Proposal The attached draft provides modifications to WBMC 17.44 – Housing in Certain 46 Commercial Areas Overlay, and WBMC 17.52 – Off-Street Parking to eliminate or reduce parking 47 requirements where a resident is less likely to rely on their own vehicle, such as near a transit 48 station. It is not necessary for this item to come before the planning commission. It will be on the 49 city council agenda for next week. 50 51 Ms. Brightwell reviewed the redline changes as discussed in the April 25, 2023, meeting which address 52 Strategy #2. 53 54 Action Taken 55 Laura Mitchell Moved to Open the Public Hearing. Dennis Vest seconded the Motion and Voting 56 was Unanimous in Favor. 57 58 Public Comment: 59o Aimee Hinojosa stated it is a great strategy and the city should move forward with it. 60 61 Action Taken 62 Dennis Vest Moved to Close the Public Hearing. Laura Mitchell Seconded the Motion and Voting 63 was Unanimous in Favor. 64 65 4. Consider Changes to Parking Regulations in WBMC 17.44 and 17.52 66 67 Action Taken 68 Laura Mitchell moved to approve the changes to the City’s Parking Regulations (WBMC 17.44 69 and 17.52) as described above and send it to City council for their review and approval. Dennis 70 Vest seconded the motion and voting was unanimous in favor. 71 72 5. Discuss Request to Change Text Regarding Accessory Structure heights by Jeremy 73 Broderick, 1451 North 950 West 74 75 Commissioner packets included a memorandum dated June 9, 2023, from Kris Nilsen and Cathy 76 Brightwell regarding a Request to Change Text Regarding Accessory Structure heights with an attached 77 application and description of request with site plans included. 78 79 Kris Nilsen introduced the request from Jeremy Broderick, at 1451 N 950 West (Ranches at Lakeside). He 80 lives in the R-1-22 zone and has petitioned the Commission to consider a code text change to modify the 81 current accessory structure height regulations. The purpose of his request is to modify the way setbacks 82 are measured related to heights, while not changing the overall height allowed in each zone. 83 84 Mr. Broderick wants to build a garage that will store his RV, which requires a 14 ft tall garage door. 85 Given the space he has available on his lot and the current setback requirements, he is unable to build a 86 structure that meets his needs. He notes that because he is on a corner lot, his rear yard faces his 87 neighbor’s side yard. The neighbor’s home (or any home) can be up to 35 feet high 10 feet from the 88 property line, yet his accessory structure is limited to a height of 24 feet at the same 10-foot setback. 89  90 Until a couple years ago, accessory structure heights were approved by the planning commission on a 91 case-by-case basis as part of a conditional use permit application. As a result, several of his neighbors 92 have accessory structures similar to what he is asking for that do not meet current code. 93 94 Mr. Nilsen explained that Mr. Broderick is seeking a text change to the accessory building height/setback 95 regulations as proposed below. He reviewed the proposed changes. 96 97 • Side/rear setback can be reduced if the structure has a Hip style roof. 98 a. The side/rear setback to the peak of the roof (not wall) will be measured from the property 99 line. 100 b. The side/rear setback to the wall will be measured from the property line and can be shorter 101 than the setback measurement to the peak. 102 c. The minimum side/rear setback to the exterior wall is 6 ft. 103 104 Kris further explained that current regulations are intended to reduce the impact of tall buildings to 105 neighbors. The distance from the property line to the peak is the same under both scenarios. The 106 difference is the distance of the wall from the property line. The line of site (view) at a 12 ft height is the 107 same for both scenarios. The line of site (view) at a 6 ft height is slightly more obstructed. 108 109 He noted the dynamic of the setbacks in the relationship of the type of roof and gave an example of 110 such. Some discussion took place regarding what imposition it would be to the neighbor. The suggested 111 changes, especially for corner lots like Mr. Broderick’s, do not impose much change or impact to those 112 living around him but it makes a big difference for him. 113 114 Jeremy Broderick reviewed his proposal and explained his drawings compared to what is currently 115 allowed. He drew several examples on the white board and pointed out that in many cases his proposal 116 is less intrusive to neighbors than current code. 117 118 Chairman Malan provided some history as to the reason the current regulations exist with the goal to 119 minimize impacts to neighbors of tall buildings. 120 121 Cathy Brightwell explained that because this is a code change, a public hearing is necessary before 122 making a recommendation. She pointed out that tonight’s discussion refers to the R-1-22 zone and 123 asked if the commissioners want to consider the change in all three residential zones for the public 124 hearing. The commission concurred. 125 126 Chairman Malan informed Mr. Broderick that the commission will wait until the next meeting (June 27) 127 to get input from the two absent commissioners and hold a public hearing. 128 129 The commission asked Mr. Broderick to submit any new ideas and information he has in written form 130 for the staff and commission to further review. 131 132 6. Discuss Home Occupation Business License Uses 133 134 Commissioners received a staff memorandum in their packets from Cathy Brightwell and Kris Nilsen 135 dated June 9, 2023, regarding Home Occupation Business License Uses with a redline copy of WBMC 136 5.28 Home Occupations. 137 138 Cathy Brightwell told the commission that the city council recently discussed the need to clarify what 139 types of business qualify as home occupations. She explained that the city’s commercial zones list uses 140 that are permitted, conditional, and prohibited. Residential zones do not currently exclude any 141 businesses from consideration for home occupations. If it is determined that a home occupation 142 business may conflict with the intent of the Home Occupation regulations without imposing additional 143 conditions, WBMC 5.28 requires a conditional use permit review by the planning commission. She said 144 that in some cases, this process satisfactorily addresses situations where businesses can be successful 145 and not negatively impact the neighborhood, but there are some businesses that should not qualify as 146 home occupations based on impacts of traffic, parking, noise, safety, health, visual effects, etc. 147 148 Ms. Brightwell pointed out that a home occupation is defined in code as “any occupation conducted 149 within a dwelling and carried on only by persons residing in the dwelling, which is clearly incidental and 150 secondary to the use of the dwelling and for which a Home Occupation Business License has been issued 151 by West Bountiful City.” 152 153 Staff reviewed home occupation regulations from surrounding cities and found that many include a list 154 of prohibited uses. Based on those lists, staff compiled and identified several types of businesses that 155 the city may want to consider prohibiting from becoming home occupations. These uses, by nature of 156 the investment or operation, have a pronounced tendency once started to increase beyond the limits 157 permitted for home occupations and thereby impair the use and value of a residentially zoned area for 158 residential purposes. 159 160 Staff reviewed the proposed redline changes and noted that in addition to creating a Prohibited Use list, 161 some housekeeping changes are also proposed. This list is provided to begin discussion only. 162 163 Dennis Vest suggested businesses that use harmful chemicals should be prohibited. After discussion 164 took place, the following changes to the proposal were suggested: 165 166 5.28.040 – Specific Businesses Prohibited (New): 167 A – Motor vehicles sales, rentals, and outdoor storage of vehicle inventory – ok 168 B – Auto repair, bodywork, painting, glass replacement, detailing, etc. – more discussion needed 169 C – Major Appliance repair – strike 170 D – Towing and Trucking – more discussion needed 171 E – Welding or machine shop - strike 172 F – Funeral Chapels and Mortuaries – strike 173 G – Gift shops 174 H - Restaurants 175 I – Kennels, in-home vet services, or animal daycare – delete “in-home”, clarify office use only 176 J – Sexually-oriented businesses – state law applies, but ok to leave in 177 K – Retail tobacco specialty businesses - state law applies, but ok to leave in 178 L – Retail e-cigarette specialty businesses - state law applies, but ok to leave in 179 M – Medical Cannabis pharmacy - state law applies, but ok to leave in 180 N – Any Business determined to be substantially similar… - strike 181 O – Any business that is prohibited in the City’s commercial and industrial zones. - ok 182 XX – Add Porta-potties 183 184 5.28.050 - Requirements: 185 D - adjust language to be able to have multiple types of businesses at one address. 186 J – Include language for “off street parking.” 187 K - Strike language dealing with vehicle weight. 188 N - change business hours to end at 10:00pm to be consistent with other city code. 189 190 Chairman Malan said that we need further discussion on this issue when the whole commission is in 191 attendance and asked staff to prepare a draft that incorporates the commissioners’ comments from this 192 evening. 193 194 7. Consider Meeting Minutes from May 23, 2023 195 196 Action Taken: 197 Dennis Vest moved to approve the minutes from May 23, 2023, as presented. Laura Mitchell 198 seconded the motion and voting was unanimous in favor. 199 200 8. Staff Report 201 202 a. Engineering (Kris Nilsen) 203 • Doug Coons subdivision got tabled due to unaddressed issues. 204 • Public works facility has been paved and move in will be soon. 205 • Started construction on the 1890 North culinary water project. 206 • Google Fiber is finishing up their installation project. It was reported that there have been 207 several outages but have great customer service. 208 • A full road construction project for 660 West from 400 N to 1000 N, including curb, gutter, 209 and sidewalk, will be included in next year’s budget. 210 211 b. Community Development (Cathy Brightwell) 212 • The County has completed the annexation notification process for both the north area and 213 south area. County surveyors are preparing the necessary plats, so it will be sometime in 214 July before the annexation process can continue. 215 • Auto Italia Appeal - Steve Doxey will represent the planning commission and the Bountiful 216 city attorney will represent the City Council in the appeal of a conditional use permit and 217 home occupation business for Auto Italia on June 20. 218 219 9. Adjourn. 220 221 Action Taken: 222 Laura Mitchell moved to adjourn. Dennis Vest seconded the motion and voting was unanimous 223 in favor. 224 225 ...................................................... 226 227 The foregoing was approved by the West Bountiful City Planning Commission on June 27, 2023, by 228 unanimous vote of all members present. 229 ____________________________________ 230 Cathy Brightwell – City Recorder 231