Planning Commission Mtg

WEST BOUNTIFUL Mayor Chairman Kenneth Romney Alan Malan City Engineer/ Land PLANNING COMMISSION Use Administrator 550 North 800 West Commissioners Kris Nilsen West Bountiful, Utah 84087 Dell Butterfield Laura Mitchell Community Phone (801) 292-4486 Corey Sweat Development FAX (801) 292-6355 Dennis Vest Cathy Brightwell Addison Jenkins www.WBCity.org THE PLANNING COMMISSION WILL HOLD A REGULAR MEETING AT 7:30 PM ON TUESDAY, SEPTEMBER 26, 2023, AT THE CITY OFFICES. 1. Prayer/Thought – Commissioner Vest; Pledge of Allegiance – Commissioner Mitchell. 2. Confirm Agenda. 3. Public Hearing – A Request to Expand a Non-Conforming Use at 526 W 550 North. 4. Consider Request to Expand a Non-Conforming Use at 526 W 550 North (Scott Gapinski). 5. Conditional Use Application – Home Occupation - Cinnamon & Sage Spa, LLC (Jessica Edwards) 6. Meeting Minutes from September 12, 2023. 7. Staff report a. Engineering (Kris Nilsen) b. Community Development (Cathy Brightwell) 8. Adjourn. ---------------------------------------------------- This agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), and provided to the Davis Journal on September22, 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 HEARING The Planning Commission will hold a public hearing at City Hall on Tuesday, September 26, 2023, beginning at 7:30 p.m., or as soon as agenda permits. The purpose of the hearing is to receive public comments on a request by Scott Gapinksi to build a garage attached to his home at 526 W 550 North. This residential property is located in a commercial zone, so the addition of the garage is an expansion of a non- conforming use. West Bountiful Municipal Code 17.56 allows the planning commission to consider a request to expand a non-conforming use after proper notice of a public hearing. 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 This Notice was mailed to neighbors, posted on property, the city website, and the Utah Public Notice website on September 15, 2023.  MEMORANDUM TO: Planning Commissioners DATE: September 22, 2023 FROM: Staff RE: Request to Expand a Non-Conforming Use at 526 W 550 North _______________________________________________________________________________ Background Mr. Gapinski’s quarter acre property at 526 W 550 North is in the Commercial General zone making the current residential use legal non-conforming. Request Mr. Gapinski desires a garage. He prefers a detached structure, but city code generally prohibits construction of a new non-conforming structure. However, WBMC 17.56.030 allows the planning commission to permit the expansion of a non-conforming use in certain circumstances. In making this request, Mr. Gapinski understands that the city views the property and area to be used for commercial use in the future. Review Code allows non-conforming buildings to be maintained and repaired, but expansion of a use requires that the planning commission find that the change “not be inconsistent with the purposes of this title or the policies expressed in the city’s general plan” [WBMC 17.56.030(B)(1)]. “Purposes of this Title”: This property is located within the Commercial General District (C-G). WBMC 17.32.010 states that the purpose of this zone is to provide an area where “a combination of business, commercial, entertainment and related activities may be established, maintained and protected…to provide a suitable environment for those commercial and service uses which are vital to economic life and provide commercial services to the community.” “Policies in the General Plan”: Section 2.2 of the city’s General Plan has the stated policy goal of promoting a stable economy by encouraging high-quality commercial and office development in appropriate areas, and specifically to “encourage regional retail development at 500 West and 400 North.” Possible Findings To approve the request, the planning commission could consider findings such as: • The proposed expansion for a garage attached to a non-conforming residential structure does not significantly alter the current use or value of the property. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  • As future commercial development of the area will likely require the combination of all or most of the current non-conforming residential properties, the proposed expansion itself will not stand in the way of the purposes and goals of the land use code and general plan. To deny the request, the planning commission could consider findings such as: • The proposed expansion makes the property more suited for continued residential use, and is thus contrary to the purposes and policies of the city code and general plan. • The proposed expansion discourages future property owners to re-develop the land into commercial uses. Recommendation An argument can be made that the scale and scope of this request make it inconsequential when considering future commercial uses. However, while staff are sympathetic to the current property owner’s desire for a garage, city code and the general plan make clear the vision for this area. Staff see clear reasons for denying the request. Based on the number of property owners, this is a challenging area to re-develop for commercial purposes, and anything that makes a property more suitable for residential use contributes to future difficulties in the city or a developer acquiring and combining land for a quality commercial development. If, instead, the commission finds that the request is not inconsistent with the purposes and policies of the city, it should also require a condition that the garage is constructed according to current building code, height regulations, and yard setbacks for the R-1-10 zone. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 Gapinski – 526 W 550 North  Page |1 1 West Bountiful City September 12, 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 September 8, 2023, per state statutory requirement. 6 7 Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, September 12, 8 2023, at West Bountiful City Hall, Davis County, Utah. 9 Those in Attendance: 10 MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Dennis Vest, Dell Butterfield, 11 Laura Mitchell, and Council member Kelly Enquist. 12 STAFF ATTENDING: Kris Nilsen (City Engineer), Cathy Brightwell (Recorder), and Debbie McKean 13 (Secretary). 14 VISITORS: Jason Cullimore, Rob Terry, Chelsa Winegar, Andrew Winegar, Ben Savage, Aimee Hinojosa, 15 Dan McConkie, Bud Ingles, Jen Nielsen, Cassie Salmon, Amanda Kingston. 16 17 6:30 pm.- Land Use Training – Office of Property Rights Ombudsman 18 Jason Cullimore and Rob Terry from the Office of Property Rights Ombudsman introduced themselves and 19 explained that they are an independent neutral office housed in the Utah Department of Commerce that 20 safeguards the property rights of Utah citizens. The office assists citizens and government agencies in 21 understanding and complying with property rights laws, resolves disputes, and advocates fairness and 22 balance when private rights conflict with public needs. 23 The Ombudsman’s office provides training on land use issues for planning commissions. They discussed 24 the role of the planning commission, considerations when making administrative and legislative decisions 25 and how public clamor plays into the equation. There was also discussion on exactions which is a 26 mandatory contribution required by a governmental entity as a condition of approval for a development 27 application, and the need to apply the rough proportionality test to find the right balance. 28 A Land Use jeopardy chart of hot topics was used to select issues of interest to the commissioners for 29 discussion, and there was discussion about the critical role the planning commission has in the 30 community. 31 32 7:30 pm – Regular Meeting 33 The meeting was called to order at 7:30 pm by Chairman Malan. 34 1. Thought by Commissioner Butterfield 35 Pledge of Allegiance- Commissioner Vest 36 37 38 39  Page |2 40 2. Confirm Agenda 41 Chairman Malan reviewed the proposed agenda and proposed items may be rearranged to accommodate 42 applicants. Laura Mitchell moved to approve the agenda as proposed. Dennis Vest seconded the motion. 43 Voting was unanimous in favor among all members present. 44 45 3. Public Hearing Home Occupation Business Regulations and Uses. 46 47 Cathy Brightwell introduced the public hearing and gave a brief update on changes to the Home 48 Occupation Business regulations and uses which have been discussed and reviewed by staff and 49 commission for several meetings. 50 51 Action Taken: 52 Corey Sweat moved to open the public hearing at 7:40 pm. Dennis Vest seconded the motion and voting 53 was unanimous in favor. 54 55 Public Hearing Comments: 56 57 Dan McConkie- Noted that he has attended all the meetings regarding this issue and feels that the 58 commission has worked hard to put this together in a fair manner and balanced way. He strongly 59 endorses this document. 60 61 Bud Ingles- Stated that he was before the commission last year with the Spencer Hughes issue. He 62 explained the impact that Mr. Hughes’ equipment caused was so much vibration he felt like his ceiling 63 was going to fall. He believes the ground where businesses are allowed should be part of the 64 consideration to avoid damaging neighbor properties. Mr. Ingles stated that item 7 of the proposed list of 65 conditional uses (contractors) should not be allowed because of the impact it has on homes and lands 66 next to them. People need their homes protected from such businesses. The ground is not solid enough to 67 handle the impact of large equipment. He suggested that the commission take this into consideration 68 when approving this document and amend it accordingly. He pled with the commission stating the city 69 needs to help save their home from further damage. He feels it is a serious problem. 70 71 Aimee Hinojosa- Thanked the commission and feels they have been fair and thorough regarding her 72 family’s situation. She appreciates the time and effort that has been put into reviewing and changing this 73 document. She said it has clarified the language so that it can now be understood, with no gray areas. She 74 is pleased that they consider the property owner when making decisions regarding laws and ordinances 75 for our city. 76 77 Cassie Salmon- Stated that she has reviewed the document and feels that this is laid out nicely for 78 homeowners with businesses and creates a peaceful means to do so. She appreciates all the work and 79 efforts and hopes the City Council will not undermine the efforts of the commission. 80 81 Ben Savage- Mr. Savage expressed appreciation to the commission in solving the conflicts that have come 82 up within our city. He feels they serve the citizens and city in a fair manner. 83 84 Action Taken: 85 Laura Mitchell moved to close the public hearing at 7:55 pm. Corey Sweat seconded the motion and 86 voting was unanimous in favor. 87  Page |3 88 4. Consider Home Occupation Business Regulations and Uses. 89 90 Commissioner packet included a memorandum dated September 8, 2023, from Kris Nilsen and Cathy 91 Brightwell regarding Home Occupation Business Regulations and Uses with attached Exhibit A containing 92 WBMC 17 Zoning, WBMC 5.04 Business Licenses in General, and WBMC 5.28 which incorporates 93 comments in preparation for the public hearing. 94 95 Cathy Brightwell briefly reviewed the final document explaining the flow of the document and small 96 changes that were made. The commission has thoroughly considered the language in this final document, 97 and it has been reviewed by our legal councilor, Mr. Doxey. 98 99 Commissioners made their final comments/suggested changes, and it was decided the document was 100 ready to forward to city council for their review and approval. Ms. Brightwell stated that legal will make a 101 final review before submitting it to city council. 102 103 Action Taken: 104 105 Corey Sweat moved to forward Exhibit A as a recommendation to the city council for updates to the 106 West Bountiful Municipal Code Business License and Home Occupation regulations with a positive 107 recommendation. Laura Mitchell seconded the motion and voting was 4 in favor and 1 in opposition. 108 Dennis Vest opposed due to the content in Section 5.28.040(2). 109 110 5. Conditional Use Application – Home Occupation-Cinnamon & Sage Spa, LLC (Jessica 111 Edwards) 112 113 Commissioner packet included a memorandum dated September 8, 2023, from Cathy Brightwell 114 regarding a Conditional Use Permit for Home Occupation-Cinnamon & Sage Spa, LLC with attached sight 115 plan, applications for Conditional Use Permit and Home Occupation Permit, and Business License 116 application. A Notice to Neighbors was included as well. 117 118 Ms. Brightwell explained that Jessica Edwards has filed an application for a Conditional Use Permit to 119 open a salon and spa as a home occupation business at her home at 1272 West Millbridge Lane. The 120 notice to neighbors was obtained with no complaints received. Ms. Edwards is not present this evening. 121 122 Ms. Edwards’ business consists of cosmetology and esthetics including facial treatments, hair cuts and 123 color, and waxing. Appointments will be scheduled Monday through Saturday from 10:00 am to 8:00 pm. 124 This proposal is similar to other previously authorized home salons and meets the requirements of 125 Chapter 5. 28.040- Home Occupation Ordinance and Chapter 17.60- Conditional Uses. 126 127 The business will be conducted in a 204 sq. ft. space in her garage and occupy only 12% of the total garage 128 space. An inspection is required by our building official to make sure that the relocation of plumbing 129 meets building code. 130 131 Corey Sweat inquired if there was another home occupation business that would be sharing this same 132 space? Cathy Brightwell said she was not aware of another business but will check it out. It was also noted 133 that a fire and plumbing inspection are needed. After discussion, the commission decided to table 134 approval of the application until the noted items above were completed. 135 136  Page |4 137 Action Taken: 138 Corey Sweat moved to table consideration of the application until information regarding existing home 139 occupational permits and inspections of plumbing/fire are completed. Dennis Vest seconded the motion 140 and voting was unanimous in favor. 141 142 6. Conditional Use Application – Home Occupation-AK Daycare, LLC (Amanda Kingston) 143 144 Commissioner packet included a memorandum dated September 8, 2023, from Cathy Brightwell 145 regarding a Conditional Use Permit for Home Occupation-AK Daycare, LLC at 715 West 400 North for 146 Amanda Kingston with attached site plan, applications for Conditional Use Permit and Home Occupation 147 Permit, and Business License application. A Notice to Neighbors was included as well. 148 149 Cathy Brightwell introduced the application submitted by Amanda Kingston for a conditional use permit 150 to open and operate a daycare in her home at 715 West 400 North. She noted that state law requires a 151 Utah State Certification for a childcare provider when continuous care and supervision of 5 or more 152 unrelated children is provided in place of care that is ordinarily provided by a parent in the parent’s home, 153 for less than 24 hours a day, and for direct or indirect compensation. Mrs. Kingston has completed the 154 application process with the state, but a Certification cannot be issued until the childcare provider obtains 155 a local business license. 156 157 The following requirements for issuing a home occupation daycare license have been addressed: 158 • Ms. Kingston intends to care for no more than 6-8 children, as allowed by state law, this number 159 includes one of her children. This number cannot increase unless she has an additional employee, 160 who must live in the home. 161 • Mrs. Kingston has notified surrounding neighbors and the city has received no objections. 162 • Mrs. Kinston has obtained a License for Family Child Care from the Utah Department of Health & 163 Human Services, which included a criminal history background check. 164 • Mrs. Kingston has received a clearance from the South Davis Metro Fire Department. 165 • The Davis County Health Department has inspected the home and approved it for meal preparation. 166 • The rear yard is fenced. 167 • There is sufficient driveway area for off street drop-off and pick-up. 168 169 Amanda Kingston took the stand and Dennis Vest asked about what kind of fence surrounds the backyard. 170 Ms. Kingston described the fence and stated that it was approved by the health department. 171 172 Action Taken: 173 Laura Mitchell moved to approve the Conditional Use Permit for Amanda Kingston/AK Daycare, LLC at 174 715 W 400 North with the following affirmative findings: the proposed use at the particular location is 175 necessary or desirable to provide a service or facility that will contribute to the general well-being of the 176 neighborhood and community; it will comply with the regulations and conditions specified in the land 177 use ordinance for such use; and the conditions to be imposed in the conditional use permit will mitigate 178 the reasonably anticipated detrimental effects of the proposed use and accomplish the purposes of this 179 subsection. The following conditions are imposed: no external signage will be used for the preschool; a 180 person who is not a resident of the dwelling shall not be employed to work on the premises; all drop-off 181 and pick-up of children will be off-street; and a copy of the state day care certificate license will be 182 provided to the city once the processing completed. Corey Sweat seconded the motion and voting was 183 unanimous in favor. 184 185  Page |5 186 7. Conditional Use Application - SSCAPFOX Motors, 1110 West 500 South 187 188 Commissioner packet included a memorandum dated September 8, 2023, from Cathy Brightwell 189 regarding a Conditional Use Permit for SSCAPFox Motors at 1110 West 500 South #438, from Sergio 190 Capdevila with attached site plan, applications for Conditional Use Permit and Home Occupation Permit, 191 and Business License application. 192 193 Ms. Brightwell introduced the application from Sergio Capdevila for a conditional use permit for his auto 194 dealer business, SSCAPFOX Motors, located at 1110 West 500 South. Mr. Capdevila will sell used 195 automobiles primarily online. There will be 2-3 vehicles on-site but most of his business will be done by 196 appointment and involve vehicles he stores at an off-site storage location. The business will not include 197 auto repairs or service. Mr. Capdevila has access to customer parking stalls by his door on the east side of 198 the building, as shown in the attached diagram, and stalls will be displayed with his business name. 199 200 WBMC Section 17.34.030 lists motor vehicle sales and service and outdoor storage of retail vehicles 201 inventory as a conditional use and therefore needs approval from the planning commission. 202 203 Action Taken: 204 205 Corey Sweat moved to approve the conditional use permit for Sergio Capdevila at 1110 W 500 South for 206 an auto dealer business, SSCapFox Motors, with the following affirmative findings: the proposed use at 207 the particular location is necessary or desirable to provide a service or facility that will contribute to the 208 general well-being of the neighborhood and the community; the conditions to be imposed will mitigate 209 the reasonably anticipated detrimental effects of the proposed use and accomplish the purposes of the 210 subsection. The following conditions are imposed: a copy of the dealer’s license and proof of insurance 211 must be provided to the city; fire inspection approval; signage will comply with city code; vehicles on 212 display will be operable and in sellable condition; upon issuance of this permit and prior to beginning 213 business, a West Bountiful commercial business license will be issued to SSCAPFOX Motors. Dennis Vest 214 seconded the motion and voting was unanimously in favor. 215 216 8. Discuss Detached Accessory Dwelling Units 217 218 Commissioner packet included a memorandum dated September 8, 2023, from Kris Nilsen and Cathy 219 Brightwell regarding Detached Accessory Dwelling Units (D-ADU) with attached copy of the current ADU 220 ordinance and a list of surrounding cities and their ADU and D-ADU ordinances. 221 222 At the commission’s request, staff gathered information for a general discussion of D-ADUs including 223 information on how other cities handle D-ADUs. Staff is looking for direction from the commission prior to 224 drafting language that can be incorporated in the current ADU code. 225 226 A redline and highlighted draft of WBMC 17.82 Accessory Dwelling Units was presented to begin 227 discussion. The document was reviewed by commissioners with suggestions of possible language 228 changes and various scenarios that should be considered. A summary of several other cities’ regulations 229 was reviewed by the commission. It showed that several neighboring communities already allow D- 230 ADUs. 231 Commissioners discussed the reality of accepting D-ADU’s and what this means for the city. Corey Sweat 232 pointed out that it effectively changes zoning without changing zones by allowing more than one  Page |6 233 residence on a property. He stated that 17.20.045-Every Dwelling To Be On A Lot; Exceptions needs to 234 be changed. He does not like the reference to farm or ranch dwellings, group dwelling, condominiums, 235 etc. and would like to see that part of the section deleted. Cathy pointed out that this section exists in 236 all residential zones. Staff will do some research to see what the intent is and how the paragraph might 237 apply. 238 Much discussion took place regarding how to define the types of accessory dwellings. Consideration 239 was also given as to what restrictions should be allowed on a piece of property and several different 240 scenarios were discussed. Included in the discussion was a desire that D-ADUs should not be allowed in 241 Planned Unit Developments (PUDs). 242 Cathy noted that she was able to confirm with the Sewer Board that they did approve a separate line 243 charge for ADUs. 244 9. Meeting Minutes from August 22, 2023 245 246 Action Taken: 247 Corey Sweat moved to approve the minutes from August 22, 2023. Dell Butterfield seconded the motion 248 and voting was unanimous in favor. 249 250 10. Staff Report 251 252 a. Engineering (Kris Nilsen) 253 • 600 West water project is all connected and up and running. 254 • A major priority for him is to finish designing the 660 West project. 255 b. Community Development (Cathy Brightwell) 256 • The city has advertised for Community Development Specialist but there have not been 257 many experienced applicants apply. 258 • An appeal has been filed by applicants for denial of a building permit to attach an 259 ADU/garage. 260 261 11. Adjourn. 262 263 Action Taken: 264 Laura Mitchell moved to adjourn the regular session of the Planning Commission meeting at 9:50 pm. 265 Corey Sweat seconded the motion. Voting was unanimous in favor. 266 ...................................................... 267 The foregoing was approved by the West Bountiful City Planning Commission on September 26, 2023, by 268 unanimous vote of all members present. 269 ___________________________________ 270 Cathy Brightwell, City Recorder