ADMINISTRATIVE COMMITTEE Monday, July 29, 2019 5:00 p.m. NOTICE IS HEREBY GIVEN that the Bountiful City Administrative Committee will hold its regular meeting in the Conference Room at Bountiful City Offices, 150 North Main Street, Suite 103, Bountiful, Utah, at the time and on the date given above. The public is invited. Persons who are disabled as defined by the Americans with Disabilities Act may request an accommodation by contacting the Bountiful City Planning Office at (801)_298-6190. Notification at least 24 hours prior to the meeting would be appreciated. AGENDA 1. Welcome and Introductions. 2. Consider approval ofminutes for. July 22, 2019. 3. PUBLIC HEARING: Consider approval ofa Conditional Use Permit to allow for a Home Occupation Contractor Business at 32 West 1000 North, Jason Barnett, applicant. 4. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 1444 South 75 East, Jim Miller, applicant. 5. Consider approval of a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at 2905 Cave Hollow Way, Grant A. Horsley, applicant. 6. Miscellaneous business and scheduling. MN FranciscoAstorga, Bountiful City Planner Pending minutes have not yet been approved by the Administrative Committee and are subject to change until final approval has been made. Bountiful City July 22, 2019 Administrative Committee Minutes Present: Chairman - Francisco Astorga; Committee Members - Brad Clawson and Dave Badham; Assistant Planner - Curtis Poole; Recording Secretary - Darlene Baetz; Planning Intern - Kai Uchida 1. Welcome and Introductions. Chairman Astorga opened the meeting at 5:00 p.m. and introduced all present. 2. Consider approval of minutes for July 15, 2019. Mr. Badham made a motion for approval of the minutes for July 15, 2019. Mr. Clawson seconded the motion. A A A Mr. Astorga Mr. Clawson Mr. Badham Motion passed 3-0. 3. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 2905 Cave Hollow Way, Grant A. Horsley, applicant. Grant Horsley, applicant, and hiswife, Linda Horsley, were present. Mr. Poole presented a summary oft the staff report (the full staffi report follows). The applicants are requesting approval of an Accessory Dwelling Unit (ADU) which will be constructed as part oft theirn new home. The applicants have submitted plans and applied fora building permit. Plans show the ADU will have two bedrooms, a living area, kitchen and According to City Code, 14-4-124, a Conditional Use Permit for an ADU is required and applicants shallmeet all standards of the Code for approval. The proposed home is located in the R-F Single-Family Residential zone and is a single-family dwelling and will be maintained as such by the applicants. The lot is 0.415 acres (18,077 square feet). There will be only one ADU and there will only be one utility connection located at this property. The total square footage of the proposed home is 5,127 and the ADU will be less than the 40% Plans for the proposed home show the applicants will meet the minimum parking standard with garage and driveway spaces. The proposed ADU will be accessed can be accessed by a staircase at the rear of the home and an interior doorway in the basement. The home will bathroom. standard in the Code. Bountiful City Administrative Committee Minutes- - July22,2019 Page 1 of3 Pending minutes have not yet been approved by the Administrative Committee and are continue to have the appearance ofa single-family home and should have minimal impact on Based upon the above findings, staff has determined the applicant would comply with all requirements for the Conditional Use Permit. Staff recommends approval of the Conditional 1. The principal owner(s) of the property must occupy the primary residence or the 2. The property is to be used only as a single-family use and shall be subject to a deed 4. The ADU shall meet all the criteria in 14-14-124 oft the City Land Use Ordinance. 5. The Conditional Use Permit is solely for this property and is non-transferable. Mr. Poole reported three inquiry telephone calls regarding this item, and after_he explained the ADU details each of the three felt more comfortableis with the ADU project. Mr. Poole also explained the purpose of the deed restriction. Mr. Astorga noted that this project is an ideal example of an ADU. Mr. Badham commented, for the record, that he has received many phone calls from Bountiful City residents to express their dislike of ADUS. Mr. Badham further noted his personal dislike of ADUS and' stated his concern regarding their potential impact on traffic and infrastruƧture. He speculated that ADUS might become a subject of debate in the upcoming City Council election. Mr. Badham reiterated that if an applicant meets the criteria for an ADU then it should pass and that there is a correct place for ADUS. Mr. Astorga explained that he would let the Planning Commission know of the anti-ADU phone calls Mr. Badham is fielding. Mr. Badham also noted that one of the calls he received was in regard to a previously approved ADU which was in violation of the imposed conditions. He queried as to policing of conditions imposed on each ADU. Mr. Astorga answered thati the city currently depends on citizen complaints to regulate items such PUBLIC HEARING: Mr. Astorga opened and closed the Public Hearing at 5:14 p.m. with Mr. Clawson made a motion to approve a Conditional Use Permit to allow for an Accessory Dwelling Unit at 2905 Cave Hollow Way, Grant A. Horsley, applicant. Mr. Astorga subject to change until final approval has been made. the sumouningneghboriood. Use Permit with the following conditions: ADU. restriction. 3. There shall be no separate utility service connections. as this. no comments from the public. seconded the motion. A A A Mr. Astorga Mr. Clawson Mr. Badham Motion passed 3-0. Mr. Horsley explained that he and Mrs. Horsley previously rented out a portion of their basement in Layton which was regulated by the HOA. Mr. Horsley also explained that the proposed ADU would primarily be used for housing parents. Mr. Horsley expressed concern Bountiful City Administrative Committee Minutes- - July22,2019 Page 2of3 Pending minutes have not yet been approved by the Administrative Committee and are regarding the number of homes being torn down in Bountiful and replaced with multi-unit dwellings. Mrs. Horsley acknowledged a general concern regarding rental of accessory apartments and explained that, in her experience, accessory apartments can fill a need for recently divorced women in providing a stepping stone to become independent. She went on to explain a positive personal experience for an ADU providing affordable housing for a 4. Consider approval of a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at 2881 South 625 West, Michael Brock, applicant. Mr. Badham made a motion for approval of a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at 2881 South 625 West, Michael Brock, applicant. subject to change until final approval has been made. single woman. Mr. Clawson seconded the motion. A A A Mr. Astorga Mr. Clawson Mr. Badham Motion passed 3-0. 5. Miscellaneous business and scheduling. Members oft the committee determined that no meeting would be held on Monday, August 5, 2019 due to scheduling conflicts for each committee member. Mr. Astorga ascertained there were no further items ofbusiness. Themeeting was adjourned at 5:23 p.m. Francisco Astorga, Planning Director -) Bountiful City Administrative Committee Minutes -. July 22,2019 Page 3 of3 RANDY C. LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn! Harris Richard Higginson John Marc Knight Chris R. Simonsen CITY MANAGER Gary R. Hill BOUNTIFUL EST.1847 Memo Date: To: From: Re: Overview 3. July 25, 2019 Administrative Committee Curtis Poole, Assistant City Planner Staff Report for the Administrative Committee Meeting on Monday, July 29,2019 PUBLIC HEARING- Consider approval ofa Conditional Use Permit to allow for a Home Occupation Handyman Business at 32 West 1000 North, Jason Barnett, applicant. Background Thej property for the proposed Home Occupation request is located in the R-4 Zone. Home Occupations in this zone are allowed under City Code, 14-4-103, with approval ofa Conditional Use Permit. Findings The application submitted indicates the property will be used to operate al handyman, property maintenance and woodworking business. There will be tools associated with this business which will all be stored ini the applicant's truck. The only tool that will not be stored in the truck will be the mower which will be stored on the property. There will not be large saws involved in the woodworking business, just small hand tools. The applicant's truck will bei the primary vehicle used in the business and will be parked in covered parking provided by the complex. A small portion oft the applicant's home, less than 150 square feet, will be used for the business. The applicant indicates there will be no additional employees involved in the business. The business does appear incidental and secondary to the use of the dwelling and shall not change the appearance, character, or condition oft the property. The applicant has received approval from the property owner to operate al business from this location. Staff Recommendation Based upon the above findings, staff1 has determined that the applicant would comply with all requirements for the Conditional Use Permit; therefore staff recommends approval ofthe Conditional Use Permit with the following conditions: 1. The applicant shall maintain an active Bountiful City business license. 2. The Home Occupation will not create nuisances discernible beyond the premises (e.g. noise, dust, odors, noxious fumes, glare, traffic, outdoor The use will comply with all applicable fire, building, plumbing, electrical, and life safety and health codes in the State of Utah, Davis County, and The Conditional Use Permit is solely for this site and is non-transferable. storage, etc.). Bountiful City. 3. 4. Bountiful Land Use Ordinance 14-17-105 A. B. HOME OCCUPATION REQUIREMENTS Ap proposed home occupation use shall meet the following criteria to qualify for al Home Occupation Business License: The use shall be clearly incidental and secondary to the use of the dwelling and shall not change the appearance, character, or condition thereof. There shall be no displays, advertisements, stock in trade, or signs related to thel business except for: one (1) flat wall sign placed on the dwelling that shall not exceed four (4) square feet in size, and any sign required by State Law and/or which meet thej provisions oft this Title. The use shall be conducted entirely within a dwelling, except: for work performed offsite. Only members of the family related by blood, marriage, or adoption, and who residei int the dwelling, may work onsite. The only exception is that one (1) additional person may be employed as a secretary, apprentice, or assistant where there are no more than five (5) family members actively engaged in thel home occupation. Employees who are not family members and/or who do not reside at the dwelling shall not meet, park, or otherwise congregate at the home ori in the general vicinity. Additional outside employees are not allowed ift there is more than one home Noj product or commodity shalll be stored onsite, and no customer may physically visit the site ofal home occupation to take delivery ofay product or commodity. Commodities may be produced on the premises and The use shall not create noise, dust, odors, noxious fumes, glare, or other nuisances, including interruption of G. The use shall not involve using or storing flammable material, explosives, or other dangerous materials, The use shall noti involve mechanical or electrical apparatus, equipment, or tools not commonly associated The use shall not generate traffic in greater volumes than would normally be expected in a residential neighborhoodi nor involve the use of commercial vehicles other than standard delivery vehicles for delivery of The use shall not involve the parking of equipment or motor vehicles having a gross weight oft twelve thousand K. The use shall be in compliance with all applicable fire, building, plumbing, electrical and life safety and health The residence and property may bei inspected from time to time to determine continued compliance with the occupation at the property. C. The use shall noti involve more than 50% oft the entire dwelling. D. E. F. H. I. J. L. 14-17-108 A. B. C. The use shall noti involve the area of required, covered, off-street parking. sold offsite. radio and/or television reception, which are discernible beyond the premises. including gun powder. with a residential use or as are customary tol home crafts. materials to or from the premises. (12,000) pounds or more directly at the residence. codes of the State ofUtah, Davis County, and the City ofl Bountiful. provisions of this Ordinance and other applicable codes. HOME OCCUPATION CONDITIONAL USES Home occupations in the following areas of work are conditional uses, and licenses may be issued for them only ifa conditional use permit is granted following notice and aj public hearing: Lawn care and/or landscaping, Construction and/or contracting, Snow removal, D. E. Residential day care or group instruction facilities with more than eight (8) people, A home occupation office use may be allowed in a detached accessory structure in accordance with the The total office area, including a restroom and any storage space, shall not exceed three hundred The office shall not be located in an area ofr required, covered, off-street parking. Noj part oft the office space shall be utilized ift the required, covered, off-street parking is being utilized The only retail activity allowed is that transacted electronically or by mail. Any retail activity involving the physical delivery ofg goods or persons to thej property is expressly prohibited. Al home occupation office in a detached accessory structure shall be deemed unlawful and shall not be occupied unless the owner has recorded a deed restriction on the property stating that the use of the property is for a single family dwelling, and that the office space shall only be used in accordance with the provisions of the Bountiful City Land Use Ordinance as it may be amended from time to following: 1. 2. 3. 4. 5. (300) square feet. fora aj purpose other than parking. time. Aerial Map 32 West 1000 North BammefResdemce I Please respond to the following questions (per Land Use Code Section 14-17-105): What oollequpmenumatengs will be used for the business, and where will they be stored? teed Galerst ers rover hemd als, frkizer gpnhlkr no ofher Chemica/s Will you use any vehicles for the business? If sO, please indiƧate on your site plan the vehicle(s) will be parked. percune! vehck - my pakiy 7 How much of the home will be used for the business (percentage)? Please note that area on your site plan. 150 Reet Sllicre Are there any employees (besides those living at the home) who will be involved in the business? no Department of Planning and Economic Development 790 South 1001 East Bountiful, Utah 84010 Phone 801.298.6190 bgue RANDYC.LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn Harris Richard Higginson John! Marc Knight Chris R. Simonsen CITY MANAGER Gary R. Hill BOUNTIFUL EST.1847 Memo Date: To: From: Re: Overview 4. July 25,2019 Administrative Committee Curtis Poole, Assistant City Planner Staff Report for the Administrative Committee Meeting on Monday, July 29,2019 PUBLIC HEARING- Consider approval ofa Conditional Use Permit to allow for an Accessory Dwelling Unit at 1444 South 75 East, Jim Miller, applicant. Background The applicant is requesting approval of an Accessory Dwelling Unit (ADU) which will be constructed as part ofbasement finish. Plans show the proposed unit will have two bedrooms, a living area, kitchen and bathroom. Findings According to City Code, 14-4-124, a Conditional Use Permit for an ADU is required and applicants shall meet all standards oft the Code for approval. Thej proposed home is located in the R-4 Single-Family Residential zone and: is a single-family dwelling and will be maintained as such by the applicant. Thel lot is 0.19 acres (approximately 8,276 square feet). There will be only one. ADU and there will only be one utility connection located at this property. The total square footage ofthe existing home is 2,141 and the ADU will be 851 Plans for the proposed ADU show the applicant will construct ai new detached two car garage and by doing SO will meet the minimum parking standard. As part ofthe renovations to the property the applicant will be removing existing parking spaces in front oft thel home which will bring the property into compliance with the parking and drive access ini the Code. The entrance for the proposed ADU will be through ai rear door leading to an interior stairwell. Thel home will continue tol have the appearance ofa single-family home and square feet which is less than the 40% standard in the Code. should have minimal impact on the surrounding neighborhood. Staff Recommendation Based upon the above findings, staff has determined the applicant would comply with all requirements for the Conditional Use Permit. Staffrecommends approval oft the Conditional Use Permit with the following conditions: 1. 2. 3. 4. 5. 6. 7. The owner(s) oft the property must occupy the primary residence or Thej property is tol be used only as a single-family use and shall be subject to A two car garage shall be constructed to meet the parking requirements for The paved parking spaces in front of thel home shall be removed and replaced The ADU shall meet all the criteria in 14-14-124 ofthe City Land Use The Conditional Use Permit is solely for this property and is non- the ADU. ac deed restriction. the ADU. with landscaping. Ordinance. transferable. There shall be no separate utility service connections. BountifulLand Use Ordinance 14-14-124 ACCESSORY DWELLING UNIT A. Purpose: The city recognizes that accessory dwelling units (ADUS) ins single- family residential: zones can be ani important tool in the overall housing planj fort the city. The purposes of the ADU standards oft this Allow opportunities forp property owners to provide social or personal support for family Make housing units available tor moderate income people who might otherwise have Provide opportunities) for additional income to offset rising housing costs; Develop housing units ins single- family neighborhoods that are appropriate. forp people ata Preserve the character ofs single-family neighborhoods by providing standards governing code aret to: 1. 2. 3. 4. 5. 6. members wherei ndependent living is desirable; Providej for affordable housing opportunities; difficulty finding homes within the city; variety ofs stages in thel life cycle; and development of ADUS. B. C. An accessory dwelling units shall only be approved as a conditional use. An accessory dwelling unit shall not be approved, and shalll be deemed unlawful, unless itr meets all of An accessory dwelling unit shall be conditionally, permitted only within a single-family residential. zone, and: shall not be permitted in any otherz zone. Itis unlawful to allow, construct, or reside in an accessory dwelling unit within a duplex or multi-family residential building or property. Itis unlawful to reside in, or allow to reside in, an accessory dwelling unit that has not received a conditional use permit or without written authorization, from the Bountiful City A maximum of one (1) accessory dwelling unit: shall be permitted as a conditional use on any Itis unlawful to construct, locate, or otherwise situate an accessory dwelling unit on a lot or parcel of land that does not containd a habitable. single- family dwelling. the following criteria: 1. 2. 3. 4. 5. Planning Department. lot orA parcel in a single-family. zone. 6. A deed restriction limiting the use ofap property to a single-family use, prepared ands signed by the Bountiful City Planning Director and all owners of thep property on which an accessory dwelling unit is located, shall be recorded with the Davis County Recorder's Office priort to occupancy oft the accessory dwelling unit. Ifal building permit is required, then: said deed restriction: shall be recorded priort toi issuance of the building permit. The property owner, whichs shalli include titleholders and contract purchasers, must occupy either thep principal unit ort theA ADU, but not both, as their permanent residence and atr no time receive rent fort thec owner occupied unit. Application for an ADU: shall include proof of owner occupancy as evidenced: by voter registration, vehicle registration, driver's license, Separate utility meters shallr not be permitted) for the accessory dwelling unit. Any property and anys structure that contains an approved accessory dwelling unit shalll be designed andi maintained. ins such ar manner that the property maintains the appearance ofa single-family residential use. As separate entrance tot the ADU: shall not be allowed on the front or cornerl lot side yard. Any separate entrance shall bel located to thes side or rear oft the 10. Itis unlawfult to construct an accessory dwelling unit, ort to modify as structure toi include an accessory dwelling unit, without a building permit and a conditional use permit. 11. Adequate off-street parking shall be provided fork both the primary residential use and the accessory dwelling unit, ando any driveway andp parking area shall be in compliance with this Title. In no case shallf fewer than four (4)t total offs street parking spaces be provided with at least 2 oft the spaces providedi in ag garage. Any additional occupant vehicles shall be parked Ad detached accessory dwelling units shall meet all of the above criteria, plus thej following: Shall require a conditional use permit, reviewed and approved by the Bountiful City Shall not be located on a lot with less than eight thousand (8,000): squarej feet buildable Shall be configured: sot that anye exterior doors, stairs, windows, ors similar features are located as far away from adjoining properties as is reasonably possible to provide privacy to Shallr meet allo oft thes setbacks required ofac detached accessory. structure requiringa a 7. county assessor records or similar means. 8. 9. principal residence. off-streeti in City Code compliant parking areas. E. 1. Administrative Committee. 2. land. 3. those properties. 4. conditional use permit. Aerial Map 1444 Miller Residence: Goog 5 ( 0 S,AIES (3 New Gaage Pagkug HousE Existing 19 pe RoRek 1444 ES, UT 75E. RANDY C. LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn Harris Richard Higginson Chris John! R. Marc Simonsen Knight CITY MANAGER Gary R.Hill BOUNTIFUL EST.1847 Bountiful City, Utah Conditional Use Permit A public hearing was held on July 22, 2019, at Bountiful City Hall to consider the request of Grant A. Horsley for a Conditional Use Permit allowing an Accessory Dwelling at the following location: 2905 Cave Hollow Way, Bountiful City, Davis County, Utah ALL OF LOT 116, MAPLE HILLS: SUBI NO2, PLATI D. CONT. 0.41 ACRES Parcel 05-079-0049 The Bountiful City Administrative Committee heard the matter and considered the statements of the applicant, the City staff, and the public. As ar result, the Administrative Committee makes the following findings: 1. This matter is properly heard before the. Administrative Committee. 2. Appropriate public notice has been provided and a public hearing held. 3. The proposed request for an accessory dwelling shall meet all the criteria in 14-14- 124 and other applicable sections of the City Ordinance. The Bountiful City Administrative Committee hereby grants this Conditional Use Permit for an Accessory Dwelling Unit (ADU) as requested by Grant A. Horsley to be located at 2905 Cave Hollow Way, Bountiful, Davis County, Utah, with the following conditions: 1. The principal owner(s) of the property must occupy the primary residence or the 2. The property is to be used only as a single-family use and shall be subject to a deed 4. The ADU shall meet all the criteria in 14-14-124 ofthe City Land Use Ordinance. 5. The Conditional Use Permit is solely for this property and is non-transferable. The Conditional Use Permit was approved on July 22, 2019, and this written form was ADU. restriction. 3. There shall be no separate utility service connections. approved this 29th day ofJuly, 2019. Francisco Astorga Planning Director ATTEST: Julie Holmgren Recording Secretary