Planning Commission Special Meeting

Chairman WEST BOUNTIFUL Mayor Kenneth Romney Alan Malan City Engineer/ Land PLANNING COMMISSION Vice Chairman Use Administrator 550 North 800 West Corey Sweat Kris Nilsen West Bountiful, Utah 84087 City Recorder Commissioners Phone (801) 292-4486 Remington Whiting Laura Mitchell FAX (801) 292-6355 Dennis Vest www.WBCity.org City Council Robert Merrick Representative Tyler Payne Dell Butterfield THE PLANNING COMMISSION WILL HOLD A SPECIAL MEETING AT 6:00 PM ON TUESDAY, NOVEMBER 19TH, 2024, AT THE CITY OFFICES. Invocation/Thought – Commissioner Sweat Pledge of Allegiance – Commissioner Payne 1. Confirm Agenda. 2. Consider Preliminary Plat for Delnoble Subdivision. 3. Approve Meeting Minutes from November 12th, 2024. 4. Staff Reports. 5. Adjourn. ---------------------------------------------------- This agenda was posted on the State Public Notice website (Utah.gov/pmn), the city website (WBCity.org), and posted at City Hall on November 18th, 2024, by Remington Whiting, City Recorder.  MEMORANDUM TO: Planning Commission DATE: November 18, 2024 FROM: Kris Nilsen – City Engineer and Staff RE: DelNoble Subdivision – Preliminary Plat Subdivision Application Legacy OV, LLC. has applied for Preliminary Plat Subdivision approval for a one (1) lot subdivision fronting 800 west street, on an existing parcel that is adjacent to the south and east of their existing residence/parcel at 1130 N 800 W. The property/parcel is within the R-1-10 District and consists of 3.385 acres whole prior to subdivision and will be subdivided into a single 1.379-acre lot and a remainder parcel of 2.009 acres. The lot meets R-1-10 Zoning Requirements for size and frontage (as represented) Purpose. Preliminary Plat Subdivision Application provides a formal review and a preliminary approval of a subdivision to minimize changes and revisions which might otherwise be necessary on the final plat. Approval of the preliminary plat by the planning commission does not constitute final acceptance but authorizes the subdivider to proceed with preparations of plans and specifications for final plat in accordance with WBC 16.16.030 Final Plat. PRELIMINARY PLAT REVIEW WBC 16.16.020, The following checklist has been provided to the applicant. Items in bold text have City Engineer and Staff comments in the attachment. A. The preliminary plat shall be drawn to a scale not smaller than 100 feet to the inch and shall include the following information. 1. The proposed name of the subdivision; 2. The location of the subdivision as it forms part of a larger tract or parcel, including a sketch of the future street system of the un-platted portion of the property; 3. A vicinity map of the proposed subdivision, drawn at a scale of 500 ft. to the inch, showing all lots and streets in the project, and all abutting streets, with names of the streets; 4. The names and addresses of the subdivider, the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided; 5. A contour map drawn at intervals of at least one foot, showing all topographic features with verification by a qualified engineer or land surveyor; 6. Certification of the accuracy of the preliminary plat of the subdivision and any traverse to permanent survey monuments by a Utah registered land surveyor; 7. The boundary lines of the tract to be subdivided, with all dimensions shown; 8. Existing sanitary sewers, storm drains, subdrains, culinary and secondary water supply laterals, mains and culverts and other utilities within the tract or within 100 feet; 9. The location, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces and lots showing the size of each lot in square footage and properly labeling spaces to be dedicated to the public; 10. The location, principal dimension, and names of all existing or recorded streets, alleys and easements, both within the proposed subdivision and within 100 ft. of the boundary, 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  showing whether recorded or claimed by usage; the location and dimensions to the nearest existing bench mark or monument, and section line; the location and principal dimensions of all water courses, public utilities, and other important features and existing structures within the land adjacent to the tract to be subdivided, including railroads, power lines, and exceptional topography; 11. The existing use or uses of the property and the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines drawn to scale. 12. The location of existing bridges, culverts, surface or subsurface drainage ways, utilities, buildings or other structures, pumping stations, or appurtenances, within the subdivision or within 200 ft., and all known wells or springs as well as the location of any 100-year flood plains as determined by FEMA; a. See attached City Engineer and Staff Comments 13. Proposed off-site and on-site culinary and secondary water facilities, sanitary sewers, storm drainage facilities, and fire hydrants; a. See attached City Engineer and Staff Comments 14. Boundary lines of adjacent tracts of unsubdivided land within 100 ft. of the tract proposed for subdivision, showing ownership and property monuments; 15. Verification as to the accuracy of the plat; 16. Each sheet of the set shall also contain the name of the project, scale (not less than 100 ft. to the inch, except vicinity map), sheet number, and north arrow. B. In addition to the foregoing plat, the subdivider shall provide the following documents: 1. A storm water plan in accordance with 16.28.060 Hydrology Report. 2. A plan for providing street lighting in the subdivision in compliance with the city's design standards; 3. Copies of any agreements with adjacent property owners relevant to the proposed subdivision; a. See attached City Engineer and Staff Comments 4. A comprehensive geotechnical and soils report prepared by a qualified engineer based upon adequate test borings or excavations in accordance with the city’s design standards; 5. A copy of a preliminary title report evidencing satisfactory proof of ownership; 6. Satisfactory evidence that all utilities and services will be available for the subdivision and that the utilities and easements have been reviewed by the utility companies and approved; a. See attached City Engineer and Staff Comments 7. A Davis County development and construction permit, if the proposed project is located within one hundred (100) feet of a critical flood area as defined by Davis County; 8. Copies of proposed protective covenants in all cases when subsurface drains are to be located within the subdivision; 9. When the subdivider is not an individual corporation or registered partnership, a notarized statement bearing the signatures of all owners of record of the property to be subdivided which designates a single individual who shall act for and on behalf of the group in all 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  appearances before public bodies, agencies or representatives necessary to execute the purpose of subdividing the property; and 10. When a subdivision contains lands which are reserved in private ownership for community use, including common areas, the subdivider shall submit with the preliminary plat a preliminary copy of the proposed articles of incorporation, homeowner’s agreements and bylaws of the owner(s) or organization empowered to own, maintain and pay taxes on such lands and common areas. 11. The subdivider shall also comply with all other applicable federal, state and local laws and regulations and shall provide evidence of such compliance if requested by the city. Recommendation By City Engineer: After review of the Preliminary Plat Subdivision Application Submittal, I (City Engineer) recommend Preliminary Plat Subdivision approval by the Planning Commission with the condition that Planning Commission review comments (if any) and City Engineer and Staff Review Comments shall be addressed prior to application for final plat application 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  City Engineer and Staff Review Comments PRELIMINARY PLAT, CONSTRUCTION DRAWINGS TITLE REPORT and AGREEMENTS. 1. I will update my comments after I receive comments from (if any). a. City Attorney – in the process of reviewing the Preliminary Plat received 11-15-2024. b. Public Works – Comments received and included in this review. c. Administration - Comments received and included in this review d. Planning and Zoning - Comments received and included in this review PRELIMINARY PLAT, TITLE REPORT AND AGREEEMENTS 2. Provide an agreement for a PUE & DE for surface drainage from the remainder parcel onto the existing Bubert residence parcel, from the NE corner to the NW corner at 800 West. SITE, UTILITY AND DETAIL PLANS 3. Provide written communication from the following utilities showing the plans have been reviewed and approved. I have will serve letters from both, but I still need approval of the design of utilities for the following. a. Dominion Energy (gas) 4. Add pipe size and type to all existing and proposed utilities. a. Indicate new gas lateral pipe size and type. 5. Indicate the proposed depth of cover on all proposed lateral crossings into 800 west street. 6. Add a label to the existing culinary water meter to proposed lot 1 on sheet C-600 7. Provide the elevation of existing top back of curb (TBC) near the middle of the 134.05 feet of frontage the project has on 800 west. a. For comparison to drainage plan elevations, FF, and contours. b. Add a note to the plat requiring all finished floor elevations to be 12 inches above TBC. 8. Combine the two bore pits in 800 west existing asphalt into one bore pit and make the one bore pit as small as possible. 9. Add note indicating backfill in the bore pits shall be flowable fill up to bottom of new asphalt. 10. Add indicating patch/New asphalt depth is six inches minimum thickness. 11. Update the label on sheet C-600 (and other sheets if applicable) to indicate six-foot-wide park strip existing. GRADING AND DRAINAGE PLAN 12. Drainage from the proposed development cannot flow onto adjacent properties without written agreements. i. Indicate where the drainage from the NW corner of the remainder parcel will flow too. ii. If it is designed to flow onto an adjacent parcel (06-014-0100 or 06-014-0039) with no existing PUE & DE than an agreement needs to be provided for review and approval. 13. Indicate that the connection to the existing catch basin will need to be core drilled and patched with non- shrink grout. 14. Provide more detail on crossing the sidewalk with the new out fall pipe from the detention/retention pond. i. How much sidewalk is to be damaged and replaced. ii. Add a note on the drawings requiring all new sidewalk to be six inches thick on a minimum of six inches base coarse. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486 15. Provide soil survey data and/or percolation test for predicting the infiltration rate used in the retention calculations provide. a. At a minimum provide information from the US Geological Soil Study for expected soil type and infiltration rate at the site. b. Verify the ground water table depth relative to the site elevations and confirm that groundwater will not interfere with infiltration from retention and storage for retention and detention. 550 North 800 West, West Bountiful, UT 84087 (801) 292-4486  DELNOBLE SUBDIVISION SURVEYOR'S CERTIFICATE 725 WEST LEGEND CENTER OF SECTION 13 LOCATED IN THE SOUTH 1/2 OF SEC. 13, T.2N., R.1W., S.L.B.&M. I, STEPHEN M. BURT, A PROFESSIONAL LAND SURVEYOR HOLDING CERTIFICATE NO. 7098776 AS WEST BOUNTIFUL CITY, DAVIS COUNTY, UTAH PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH, DO HEREBY CERTIFY THAT BY THE T.2N., R.1W., SLB&M PRELIMINARY PLAT, OCTOBER 2024 AUTHORITY OF THE OWNERS I HAVE RETRACED A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PROPERTY LINE ADJACENT PROPERTY LOT REMAINDER LINE INTERSECTION OF 800 WEST & 1600 NORTH STREET FOUND BRASS CAP IN RING AND LID (CALCULATED) N STREET 1175 NORTH STREET PLAT AND DESCRIBED HEREWITH AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND A PARCEL HEREAFTER TO BE KNOWN AS DELNOBLE SUBDIVISION AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND, AS SHOWN. EASEMENT LINE 40 0 40 80 120 CENTER LINE SECTION LINE SCALE: 1" = 40' STEPHEN M. BURT, P.L.S. UT #7098776 TIE TO MONUMENT RECORD CALLS SET 5/8" REBAR WITH ( ) DAVIS COUNTY SURVEYOR (- D.C.S.) PRELIMINARY "ENTELLUS" CAP, , AT CORNER WEST BOUNTIFUL CITY (UNLESS OTHERWISE NOTED) STREET SURVEY #2907 (D.C.S.) BOUNDARY DESCRIPTION (- W.B.C.S.) FOUND PROPERTY MARKER A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 1 (AS NOTED) SURVEY #1821 (D.C.S.) WEST, SALT LAKE BASE AND MERIDIAN, WEST BOUNTIFUL CITY, DAVIS COUNTY, UTAH, SAID PARCEL (- SURVEY) IS FURTHER DESCRIBED AS FOLLOWS. PUBLIC UTILITY EASEMENT (P.U.E.) BEGINNING AT A POINT ON THE EAST RIGHT-OF-WAY LINE OF 800 WEST STREET, SAID POINT IS DRAINAGE EASEMENT (D.E.) NORTH 00°12'23" EAST 235.21 FEET ALONG THE CENTERLINE OF SAID STREET AND SOUTH 89°47'37" EAST 33.00 FEET FROM THE FOUND MONUMENT AT THE INTERSECTION OF 800 WEST AND 1000 NORTH STREETS, SAID MONUMENT IS SOUTH 00°12'23" WEST 2546.64 FEET FROM THE FOUND STREET N89° 41' 39"E 161.32' MONUMENT AT THE INTERSECTION OF 800 WEST AND 1600 NORTH STREETS, THE STREET MONUMENT AT THE INTERSECTION OF 800 WEST AND 1000 NORTH STREETS IS NORTH 89°57'32" WEST 180.99 FEET ALONG THE SECTION LINE AND NORTH 00°12'23" EAST 36.23 FEET ALONG THE EAST RIGHT-WAY L1 SET REBAR WITH ENTELLUS CAP LINE OF SAID STREET AND NORTH 89°47'37" WEST 33.00 FEET AND SOUTH 00°12'23" WEST 235.22 N89° 53' 43"E 175.29' 3.0' SOUTHERLY FROM CORNER FEET ALONG THE CENTERLINE OF SAID STREET FROM THE SOUTH QUARTER CORNER OF SAID ON PROPERTY LINE SECTION, THE SOUTH QUARTER CORNER IS SOUTH 00°27'29" WEST 2662.11 FEET FROM THE CENTER QUARTER CORNER OF SAID SECTION; AND RUNNING THENCE NORTH 00°12'23" EAST 133.79 FEET DRAINAGE EASEMENT FOUND REBAR WITH CAP ALONG SAID EAST RIGHT-OF-WAY LINE AND ALONG AN EAST LINE OF THAT PROPERTY CONVEYED IN A (SEE NOTE 4) WARRANTY DEED RECORDED AS ENTRY #2863440 IN THE DAVIS COUNTY RECORDER'S OFFICE TO A NORTH LINE OF SAID CONVEYANCE; THENCE NORTH 89°53'43" EAST 449.31 FEET ALONG SAID NORTH DRAINAGE EASEMENT LINE; THENCE SOUTH 00°09'27" WEST 133.55 FEET TO A SOUTH LINE OF SAID CONVEYANCE; THENCE (SEE NOTE 3) SOUTH 89°51'53" WEST 449.43 FEET ALONG SAID LINE TO THE EAST RIGHT-OF-WAY LINE OF 800 WEST STREET AND TO THE POINT OF BEGINNING. N00° 12' 23"E 175.00' 202.94' CONTAINING 1.379 ACRES. REMAINDER PARCEL NOT INCLUDED IN SUBDIVISION 2.009 ACRES 800 WEST STREET (N00°12'40"E 308.79' - SURVEY) S00° 09' 27"W 352.63' BASIS BASIS OF BEARING OF BEARINGS N00° 12' 23"E 2546.64' OWNER'S DEDICATION WE, THE UNDERSIGNED OWNERS OF THE ABOVE-DESCRIBED LAND, HAVING CAUSED THE SAME TO N89° 53' 43"E 449.31' THE SUBDIVIDED INTO ONE LOT AND TWO PARCELS TO BE KNOWN AS DELNOBLE SUBDIVISION, DO 42.00' 10.0' P.U. & D.E. 233.00' 174.31' HEREBY DEDICATE FOR THE PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS N00° 12' 23"E 10.0' P.U. & D.E. PLAT AS INTENDED FOR PUBLIC USE, AND DO WARRANT TO THE CITY THAT THE SAME ARE FREE OF ALL ENCUMBRANCES THAT COULD INTERFERE WITH THEIR USE AS HEREIN DEDICATED. S00° 09' 27"W 133.55' P.U.E. & D.E. S00° 12' 23"W 10.0' P.U. & D.E. IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF , RETENTION/DETENTION 20 . 133.79' 105.54' LOT 1 POND 149.69' 1.379 ACRES 1072 NORTH 800 WEST LEGACY OV, LLC 33.0' 33.0' L.L.C. ACKNOWLEDGMENT S89° 51' 53"W ON THE DAY OF , 20 THERE PERSONALLY APPEARED BEFORE ME, 28.23' 42.00' THE UNDERSIGNED NOTARY PUBLIC, , WHO BEING BY ME DULY 10.0' P.U. & D.E. SWORN DID SAY THAT HE IS A MEMBER OF LEGACY OV, LLC , AND THAT SAID INSTRUMENT WAS SIGNED IN BEHALF OF SAID L.L.C. BY A RESOLUTION OF ITS MEMBERS AND ACKNOWLEDGED TO ME L4 P.O.B. S89° 51' 53"W 449.43' (449.44' - SURVEY) L2 SET RIVET ON CONCRETE THAT SAID L.L.C. EXECUTED THE SAME. SET RIVET ON CURB L3 8.0' WESTERLY FROM CORNER N89° 15' 38"W 162.51' AT CORNER ON LINE EXTENSION NOTARY PUBLIC: FOUND 1/2" IRON ROD N89° 57' 32"W 180.99' VICINITY MAP RESIDENCE: SOUTH 1/4 CORNER SECTION 13 MY COMMISSION EXPIRES: T.2N., R.1W., SLB&M N 235.21' (CALCULATED) SCALE: N.T.S. NOTES 725 WEST 700 WEST 1. THIS PLAT IS BASED ON SURVEY #1821 FILED IN THE DAVIS COUNTY SURVEYOR'S OFFICE WHICH 1320 NORTH WAS ROTATED TO MATCH THE BEARING ALONG THE WEST BOUNTIFUL CITY SURVEY. THE DAVIS 800 WEST LINE TABLE COUNTY SURVEYOR'S BEARING ALONG THE QUARTER SECTION LINE IS N00°27'24"W AND THE NAD83 BEARING IS N00°07'39"W (ROTATE THE PLAT LEGAL DESCRIPTION CLOCKWISE 00°19'45" TO MATCH). LINE # DIRECTION LENGTH 1060 NORTH 2. THE FINISHED FLOOR ELEVATION FOR NE CONSTRUCTION MUST BE 1' ABOVE THE TBC ALONG 800 L1 N00° 16' 56"E 27.38' WEST (4247.40) 1000 NORTH INTERSECTION OF 800 WEST & 1000 NORTH STREET OWNER/DEVELOPER Name: THEODORE BUBERT L2 N00° 09' 27"E 13.75' 3. A 10.0' DRAINAGE EASEMENT IN FAVOR OF THE REMAINDER PARCEL RECORDED AS ENTRY FOUND BRASS CAP IN RING AND LID Phone #: 801-641-9098 NO._______________ IN THE DAVIS COUNTY RECORDER'S OFFICE. SUBJECT PROPERTY L3 N00° 12' 23"E 36.23' Address: 1130 N 800 W WEST BOUNTIFUL, UTAH 4. A 10.0' DRAINAGE EASEMENT IN FAVOR OF THE REMAINDER PARCEL RECORDED AS ENTRY L4 S89° 47' 37"E 33.00' NO._______________ IN THE DAVIS COUNTY RECORDER'S OFFICE. Email: TEDBUBERT@GMAIL.COM CITY ENGINEER PLANNING COMMISSION CITY ATTORNEY DAVIS COUNTY RECORDER 1470 South 600 West ENTRY NO. FEE PAID e Woods Cross, UT 84010 RECOMMENDED FOR APPROVAL THIS DAY OF RECOMMENDED FOR APPROVAL THIS DAY OF , RECOMMENDED FOR APPROVAL THIS DAY OF PRELIMINARY FILED FOR RECORD AND RECORDED THIS DAY OF , 20 Phone 801.298.2236 , 20 . 20 , BY THE PLANNING COMMISSION OF WEST BOUNTIFUL CITY. , 20 . AT IN BOOK OF www.Entellus.com COUNTY RECORDER: PROJECT #2221001 2024/10/16 JJS Entellus TM 2024/11/14 SMB WEST BOUNTIFUL CITY ENGINEER CHAIRMAN WEST BOUNTIFUL CITY ATTORNEY BY: DEPUTY West Bountiful City November 12, 2024 Planning Commission Meeting PENDING – NOT APPROVED Posting of Agenda - The agenda for this meeting was posted on the State of Utah Public Notice website, on the West Bountiful City website, and at city hall on November 8, 2024, per state statutory requirement. Minutes of the Planning Commission meeting of West Bountiful City held on Tuesday, November 12, 2024, at West Bountiful City Hall, Davis County, Utah. MEMBERS ATTENDING: Chairman Alan Malan, Commissioners Corey Sweat, Dennis Vest, Laura Mitchell, Robert Merrick, Tyler Payne (Alternate) and Council member Dell Butterfield. MEMBERS/STAFF EXCUSED: STAFF ATTENDING: Remington Whiting (Community Development) Kris Nilsen (City Engineer), and Debbie McKean (Secretary). PUBLIC ATTENDING: Dustin and Staci Schilling, Buster Hafen, Todd Willey, Ryan Larson Thought by Commissioner Malan Pledge of Allegiance- Commissioner Sweat The meeting was called to order at 7:30 pm by Chairman Malan. 1. Confirm Agenda Chairman Malan reviewed the proposed agenda. Corey Sweat moved to approve the agenda as presented. Dennis Vest seconded the motion. Voting was unanimous in favor among all members present. 2. Code Change Application- Front Yard Fence Regulations- Willey Commission packets included a memorandum dated November 8, 2024 from Staff regarding Code Change Application- Front Yard Fence Regulation- Willey with a code change application and suggested changes to the ordinance. Remington Whiting introduced a text change amendment application from Todd Willey, which requests changes to the city’s front yard fence requirements, along with other clear view regulations. The following were Mr. Willey’s proposed changes to 17.50.20 Clear View Area He pointed out that before 2021, most front yard fences were not permitted under city code. After some discussion, an ordinance was adopted that permitted 4’ tall front yard fences if they were located at least 3’ from the sidewalk. They could extend up to 6’ tall if they were 15’ away. Mr. Whiting noted the reasons why front yard fence regulations exist. They included visual Impact, traffic safety, community aesthetic, and pedestrian access. The current ordinance allows for backyard and side yard fences up to 6’, with the planning commission granted the authority to allow up to 8’ fences when residential properties are next to non-compatible uses (WBMC 17.50.050). On October 9th, 2024, Mr. Todd Willey submitted a Text Change Application for front yard fences. This application requests that land use code allow 6’ fences in the front yard, and 8’ fences in back yard if the fence was 70% clear or greater. Since the original application, Mr. Willey has amended the application to include additional changes to clear view regulations. These changes are presented as a redline document. The following are his proposed changes to the language in which the Commissioners reviewed this evening: # 2. Chain link fences or fences located in the A-1 zone which are seventy percent (70%) or more open shall not exceed (6) feet in height above the top back of curb line or, if there is no curb, the edge of asphalt line for front and side yards. Commissioners were not in favor of this proposal. #3. Trees in excess of these heights may be located or maintained on the street side, proved they are pruned clear at a height of (8) feet at a mature age of tree. Trees must be planted (10) feet apart on the street side. Tree canopies or other growth shall not block signs or signals. Commissioners were not in favor of this proposal. #6. No vehicle parking is allowed during months prone to snowfall. Commissioners did not discuss this proposal. 17.50.030 Front yard Fences A. A fence that is seventy percent (70%) or more open is allowed up to (6) feet in height. B. A fence, wall or hedge located in the A-1 zone and measured from three (3) feet top back of curb, such as fence is allowed up to six (6) feet in height provided it is (70%) clear. Walls and hedges cannot exceed Two (2) feet in height. 3. For properties in the A-1 zone, front yard and side yard fences of at least seventy percent (70%) transparency are allowed up to six (6) feet in height. With a set back of six (6) feet from top back of curb along the roadway frontage. Mr. Whiting suggested that the planning commission may want to consider the following when reviewing Mr. Willey’s proposals: • Would this change to front yard fences be compatible with the General Plan for residential Zones? • How would this change affect new development and the re-development of residential properties? • The planning commission has already gone through an extensive review process regarding front yard fences in 2021. Is this something that needs to be reviewed again? • The proposed application does not specify if this would only apply to interior lots. Would 70% clear or great provide enough of a visual to protect corner lots? • How would taller backyard fences benefit West Bountiful City residents? Commissioners made comments regarding the proposed language changes stating that safety including visual impact traffic safety community aesthetic and pedestrian access were all key points to consider in making any changes. After much discussion and consideration, the commissioners directed staff to bring back amended proposals for 17.50.030 as discussed, this evening. They were ask to bring back a larger view of options related to front yard fences and/or rear and side yard fences including diagrams of what various scenarios would look like. Todd Willey stated the reason for the 20 feet request in his proposal is for protection and not just ascetics. He is in favor of the 70% Clearview to honor the integrity of the ordinance. Willey is very interested in maintaining security of a person’s property. 3. Code Change Application- Residential Rear Yard Setbacks- Schilling Commissioner packets included a memorandum dated November 8, 2024 from Staff regarding Code Change Application- Residential Rear Yard Setbacks- Schilling with a code change application from Dustin & Staci Schillings and a site plan. Remington Whiting introduces a text change amendment application from Staci and Dustin Schilling related to rear yard setback requirements for main structures in the R-1-10 zone. He noted that our current ordinance has a 30’ setback requirement in the rear yard for main structures in all residential zones. After some investigation, city staff were able to determine that this requirement has existed since at least 1965 and possibly even longer. Mr. Whiting noted the various reasons as to why setbacks in residential zones exist. Some of these reasons include: • Usable backyards; • Privacy; • Noise mitigation; • Safety and access in case of fires or other disasters; • Aesthetic and predictable development patterns. Remingiton Whiting stated that on October 25th, 2024, Dustin and Staci Schilling submitted a Text Change Application to change current setback regulations in the R-1-10 zone. The application requests to amend the current regulation of 30’ down to 20’ along 30% of the rear property line, while the remaining 70% maintains a 30’ setback requirement. This proposal stems from the applicant’s desire to build an addition that would extend into their current rear yard setback. Mr. Whiting suggested that the planning commission consider the following before making changes: • Would this change to rear yard setbacks be compatible with the General Plan for residential zones? • How would this change affect new development and the re-development of residential properties? • How would this change work with other yard requirements such as the requirement that no accessory or group of accessory structures cover more than 35% of a rear yard? • Is it equitable to allow for accessory structures in rear yard setbacks but not parts of the main structure? For example, why can a detached garage enter the setback, but not an attached garage? • Will future discussions about detached ADUs change the city’s way of regulating rear yard setbacks? Some discussion took place. Corey Sweat explained why he was not in favor of this proposal as it suggests spot zoning and he strongly opposes of changing setbacks in our code. The commissioners all concurred. A public hearing will be set for the next scheduled meeting in order to send a recommendation to city council. 4. Discussion on Airport Overlay Zone Commissioner packet included a memorandum dated December 8, 2024 from Staff regarding Airport Overlay Zone which would be a new code chapter 17.45 Airport Overlay Zone with attached Exhibits A & B. Remington Whiting introduces a draft of the proposed airport overlay zone, which must be adopted in cities which contain an airport influence area by December 31, 2024, per HB 206. Mr. Whiting explained that in 2023, the Utah State Legislature passed HB 206, establishing airport use amendments. These amendments establish land use requirements for land located within an airport influence area which is defined as land within 5,000 feet of an airport runway. He stated that city staff, Cathy and Addison, had previously worked on drafting code which established the zone, but were never able to present it to the planning commission. The overlay zone will include two small areas of land that will be located within the airport influence area, which are shown on the map that was displayed on the overhead. He noted that (Exhibit A) is the proposed draft that will address specific Airport Zoning Regulations along with conflicting regulations. (Exhibit B) is the proposed code. Commissioner desired to move forward with the proposal and schedule a public hearing. Following the public hearing, the commission could then send a recommendation to the city council. 5. Approval Meeting Minutes from October 22, 2024 Action Taken: Corey Sweat moved to approve the minutes from the October 22, 2024, Planning Commission Meeting as presented. Laura Mitchell seconded the motion, and voting was unanimous in favor. 6. Staff Report a. Engineering (Kris Nilsen) • Staff is sending out letters to all utility companies notifying them of the construction of 660 West. The current design is shifted 8 feet to the east. The west side of the street will remain as is. On the east side of the street all the property affected is in the city right of way. Their property will be involved in the construction, but the city will make the necessary improvements to their personal property consisting mostly with their driveways and not their landscaping.  • New Well was fixed but they were getting too much sound vibrations from the bearing repair. That has been resolved. • Mr. Bubert will likely be at our next meeting with his subdivision. • 1200 North still has an area that needs gravel. Steve is working with the company to get that completed. • Nothing official has been turned in from Ivory Homes. b. Community Development – Remington Whiting • It was decided to hold the regularly scheduled meeting for planning commission November 26th. • Group Home for troubled teenagers was denied. • Doug Coons has submitted a proposal for his property on 800 West • Ribbon Cutting on the new big toy at the park will be this Thursday at 4:00 pm. 7. Adjourn Action Taken: Corey Sweat moved to adjourn the regular session of the Planning Commission meeting at 8:56 pm. Laura Mitchell seconded the motion. Voting was unanimous in favor. ...................................................... The foregoing was approved by the West Bountiful City Planning Commission, by unanimous vote of all members present. ___________________________________