BOUNTIFUL CITY Tuesday, May 21, 2019 6:30 p.m.  PLANNING COMMISSION AGENDA  NOTICE IS HEREBY GIVEN that the Bountiful City Planning Commission will hold a meeting in the Conference Room at South Davis Metro Fire Station, 255 S 100 W, Bountiful, Utah, at the time and on the date given above. The public is invited. Persons who are disabled as defined by the American with Disabilities Act may request an accommodation by contacting the Bountiful Planning Office at 298-6190. Notification at least 24 hours prior to the  meeting would be appreciated. 1. Welcome and Introductions.  2. Approval oft the minutes for May 7, 2019.  3. Consider final site plan approval for The Towns on 2nd to add 11 townhome units to an existing Multi-family development at 393 W: 200 North, Brad Kurtz, applicant. 4. Consider approval for an Amended Conditional Use Permit in written form for the parking lot for Creekside Senior Living Center at 366 W 400 North. 5. Consider approval of the Findings of Fact approval for a variance to the standards of the Bountiful City Land Use Ordinance to allow for encroachments on slopes greater than 30% located at 2452 Cave Hollow Way, Daniel and Carri Fergusson, applicant. 6. Planning Director's report, review of pending applications and miscellaneous business.  Clint  City Planner  DE    Bountiful City Planning Commission Minutes May 7,2019 6:301 P.M.  Present: Excused:  Chair - Sean Monson; Planning Commission Members - Jesse Bell, Jim Clark, Von Hill, and Sharon Spratley; City Council Representation - Richard Higginson; City Planner Consultant - Chad Wilkinson; City Engineer - Lloyd Cheney; and Recording Secretary - Darlene Baetz Planning Commission Member - Tom Smith and City Attorney - Clint Drake  1. Welcome and Introductions.  Chair Monson opened the meeting at 6:30 pm and welcomed all those present.  2. Approval of the minutes for April 16, 2019.  Sharon Spratley made a motion to approve the minutes for April 16 as written. Richard Higginson seconded the motion. Voting passed 6-0 with Commission members Bell, Clark, Higginson, Hill, 3. PUBLIC HEARING (CONTINUED) - Consider a proposal to change the zoning designation for approximately 15.5 acres from C-G/PUD and MXD-PO to MXD-R, located at 1520, 1650 and 1750 S Main St and 1512, 1551, 1560 and 1580 Renaissance Towne Center, Bruce Broadhead, Bruce Broadhead, Ray Bryson and Steve McCutchan, with Renaissance Towne Center were present. Chad Wilkinson presented staff report which was an overview of the last Planning Commission Mr. Wilkinson spoke about the concerns from the last meeting which included pedestrian walk ways along the highway and along the Renaissance Towne Drive. The applicant has made changes to item 5,6,7 and 9 to the Structure Design and Materials section; the setback height at the roundabout and Mr. Wilkinson stated that there are three things that the Commission members could do with this item.  Monson, and Spratley voting aye.  applicant.  meeting.  the traffic study. The staff feels that the traffic study was adequate. 1. Approve with the changes that were presented today. 3. Send back to applicant with the need for more changes.  2. Denial.  David Harris with EPG Design Group showed a presentation that would enhance the circulation of pedestrians which included pedestrian connections thru thel Renaissance Towne Drive. Amenities would include outdoor restaurants, commercial store fronts, shade, trees, signage, seating, landscaping, brick paving, pool, upper deck with activities, bbq, vertical landscaping against the parking garage, Mr. Wilkinson discussed the conceptional plan to become part of the site plan approval. This plan would allow for flexibility but will have a site plan for landscaping that will be approved by staff. Mr. Monson would like tol have this conceptional plan when the individual site plans come up for approval.  bike racks and seating at the bus stations and alley space with landscaping.  Bountiful City Planning Commission Minutes - May 7, 2019  Page lof9    Commission members discussed that the crosswalks on Renaissance Towne Drive bej painted, pavers or stamped. Mr. Bell expressed his excitement about this plan and thanked the developer for taking the time toi make the improved changes. Hei is concerned about the safety oft the pedestrians sO close to the intersection on the south end. Mr. Cheney stated that staffh had ai meeting with UDOT and that  the change oft the access off ofthel highway may not be an option. Chair Monson opened the PUBLIC HEARING at 7:12 p.m.  David Klamm resides at 765 E Center St. Mr. Klamm had concern about the unmarked intersection. Rus Gomez resides at 85 E 1400S. Mr. Gomez was concerned about the tax increase for this new development and is concerned about class sizes at other schools due to the closure ofWashington Mr. Wilkinson discussed that the Renaissance Center is the Redevelopment Area and gave. Mr. Gomez Rick Gelhart, Bountiful resident. Mr. Gelhart is against the high density of apartments and is concerned about thet traffic. He wants the traffic study to be open to the residents. Mr. Gelhart feels that there is enough apartments in the area and promotes more transient people that could bring to the Dave Taylor, Bountiful resident. Mr. Taylor stated his concern for the height limit for this area and Benjamin Becker resides at 2030 Bluebell Dr. Mr. Becker liked the proposed plan with the treel lined streets and park-family friendly. He did ask about the financial feasibility for this project and ifitis thel best use: for this site. He feels that anything above 5 stories is not feasibility and that this plan is Brian Knowlton resides at 630 E500S. Mr. Knowlton stated that the proposed building does work in this environment and doesn't feel that this would be a huge traffic impact in this area. He is excited to  Elementary.  the contact information for the district.  area: more crime.  was concerned for the number of cars that could be in this area each day.  something that the developer can handle.  see this project and feels that this would be great for Bountiful. Chair Monson closed the PUBLIC HEARING at 7:34 p.m.  Mr. Wilkinson discussed that the traffic study was very detailed and would be available to view at the Mr. Cheney discussed that the study used al base line and the level of service at the 4 intersections and access needs. The level ofs service would decrease around the site but is still at an acceptable level. Mr. Wilkinson went over the proposed heights. The middle building was placed in the middle oft the property to: minimize the impacts ofthe height oft the building. The original zoning ordinance had no limit on heights and setbacks. This proposed zone change would give a limit to the building heights and setbacks. This site is an attractive site for the bus transit stations. He clarified that a great deal of  City office.  commercial development has been built.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 2of9    Staff discussed the possible stepped height standard. Mr. Bryson explained the setback for Building 14is 30: feet south oft the parking garage. Thel height oft the building on Main Street is 50: feet with 30 feet back with the additional parking garage. Mr. Broadhead explained the idea of the 8 foot building. Iti is measured at 20 feet moret than the existing medical building. He discussed that the commercial suites havel been rented out and continues tol be very successful and feels that this area doesn'thave the housing to support just commercial and feels that this center will attract al better cliental. Mr. Bryson discussed the possible options for ownership opportunities for both commercial and residential. Mr. Higginson asked what assurances the City has that this will go forward. Mr. Broadhead responded the demand is here for this project and hopes that the market will continue. He stated that the timeline for building 14 is immediate and the cost for thel building is approximately the same as the current project. He stated the state has encouraged cities to increase multi-family near thel bus transit area. Ms. Spratley made ai motion to: recommend approval to the City Council with the changes to the 110 maximum building height of110 feet. RH seconded the motion. Voting passed 6-0 with Commission Itwas noted to the audience that there will be a PUBLIC HEARING for the City Council meeting sent to all residents within 500 feet oft the property. The City Council meeting will be held on May 28, 4. PUBLIC HEARING - Consider approval of a variance to the standards of the Bountiful City Land Use Ordinance to allow for encroachments on slopes greater than 30% located at 2452  members Bell, Clark, Higginson, Hill, Monson and Spratley voting aye.  2019.  Cave Hollow Way, Daniel and Carri Fergusson, applicant.  Daniel and Carri Fergusson were present. Curtis Poole presented the staffi report.  The applicants, Daniel and Carri Fergusson, have requested a variance to allow for encroachments on slopes greater than 30 percent on the property and for cuts and fills and retaining walls greater than 10 feet in height for the property located at 2452 Cave Hollow Way in the R-F (Residential Foothill) zone. The proposed variance would allow for construction ofa new addition to the home and for Section 14-2-111 authorizes the Administrative Committee as the review body for variance requests within the R-F zone related to disturbance of slopes exceeding 30 percent and retaining walls and cuts and fills exceeding 10 feet inl height. Section 14-2-104 authorizes the Chairman oft the Administrative Committee to assign any item designated for Administrative Committee review to the Planning Commission, in which case the Planning Commission acts under the same authority granted to the The existing home on the property was constructed in 1978 with a two car garage. On December 19, 2017, the applicants appeared before the Planning Commission to request a variance to the same ordinances. After hearing from the applicants, the public and staff ai motion was made to deny the variance with the suggestion the applicants continue to work with staff on future revisions. The The original application proposed the addition of a three-car garage, a driveway hammerhead turnaround, a widened driveway and a stairway connecting the entrance oft the home to the parking  modifications to the existing driveway.  Administrative Committee.  Planning Commission unanimously voted to deny the variance.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 3of9    area. These proposals significantly encroached into the slopes exceeding 30j percent. In addition retaining walls and cuts into the hillside were proposed which would have resulted in ai major disturbancei into the 30 percent slopes. The applicants have submitted several revisions to staff with The current proposal has a similar, but smaller three-car garage along with living space for the proposed addition. The width oft the driveway has been decreased, the hammerhead turnaround at the top oft the driveway has been removed and the tall retaining wall has also been removed from the revised plan. Despite these changes thei impact on steep slope areas oft the property is not considered minimal by staff, as there would be significant cuts, fills and retentions which would need to occur. Staffhas recommended to the applicants any expansion of their home should be into areas oftheir property where the steep slopes have previously been disturbed and not create new disturbances. The  slight modifications to the original plans over the last year and al half.  proposed plans do not fully comply with those recommendations.  Variance Findings  Utah Code 10-9a-702 establishes the criteria for review of a variance request and stipulates the applicant "shall bear the burden of! proving that all oft the conditions justifying a variance! have been (i) Literal enforcement of the ordinance would cause an unreasonable hardship, for the applicant that is not necessary to carry out the general purpose of the land use ordinances; Staff Response: State law defines al hardship as "associated with and peculiar to the property itself," and further states the hardship "cannot be self-imposed or economic.' " Furthermore, a "variance is not necessary ifcompliance is possible, even ifthe property owner has to alter desired plans.' . While there may be an appropriate disturbance to allow for reasonable expansions to the driveway and home, allowing the construction ofa a large three-car garage and widening the driveway does not seem in harmony with maintaining minimal impact to the steep slopes in the R-F zone. Such aj proposed expansion should be considered self-imposed as the applicants currently have reasonable use oft the (ii) There are special circumstances attached to the property that do not generally apply to other Staff Response: Many of the properties in the R-F zone have similar constraints as the applicant's property which limit the buildable area and require steep narrow driveways. While there may be an appropriate disturbance to the slope to enable construction ofal less steep driveway, the current proposal would not be considered the minimum disturbance necessary to accomplish this objective. (ii) Granting the variance is essential to the enjoyment ofa substantial property right possessed by Staff Response: The original approval of thel home on the property allowed for construction ofa reasonably sized single-family dwelling while maintaining ai minimal disturbance to the hillside. The proposed variance is not an essential necessity for the continued use and enjoyment oft the property as  met." In order to grant a variance each ofthe following criteria must bei met:  property.  properties in the same. zone;  other property in the. same zone;  the applicants already have use of the property with the existing home.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 40 of9    (iv) The variance will notsubstantially affect the general plan and will not be contrary to the public Staff Response: The original approval was consistent with the development standards in the R-F zone, and allowed for use of the property. The applicant has not demonstrated other reasonable or feasible  interest;  alternatives with less impact to the slope areas.  (v) The spirit oft the land use ordinance is observed and substantial, justice done  Staff Response: The purpose ofthe land use ordinance that requires improvements be located on slopes less than 30% and retaining walls less than 10 feet tall is to preserve thel hillside and manage runoff and erosion on properties located in the foothills. The proposed variance disturbs the slopes beyond the minimal amount necessary. Any variance proposal requesting to disturb the steep slopes on Staffrecommends thel Planning Commission review the criteria required for approval as outlined in State Law to determine ift the applicants have sufficiently met all of the requirements necessary for Mr. Monson asked ift the applicants and staff1 had discussions about the proposed plan with staff. Mr. Cheney stated that the applicant had proposed plans that the staff could not approve without a  aj property should bei minimized as much as possible.  approval oft the requested variance.  variance.  Chair Monson opened the PUBLIC HEARING at 8:56 p.m.  Mike Shurber is concerned about the encroachment of his property for the building of the proposed  plan and is concerned for the wall.  Chair Monson closed the PUBLIC HEARING at 8:59 p.m.  Mr. Fergusson stated that hardship is the safety in driving down the driveway in the winter and the moving oft the sanitation dumpsters to the curb. There is the upmost concern is the safety of people driving or walking along the sidewalk. He is concerned about the narrowness and steepness oft the driveway and feels that the slope ofthe driveway needs to be lower. There is a Failing railroad tie wall that will need to be repaired and they will have to disturb some oft the areai to get a back hoe back Staff and Commission Members discussed the slope oft the driveway without adding onto the garage. Mrs. Ferguson read the received engineering letter to the applicant for the regrading of the driveway. Mr. Cheney stated that the slope oft the driveway can be regraded and discussed the possible retaining Mr. Higginson spoke about the lot and the issues that were created by the prior owner. He feels that the applicant has done a good job at trying to fix the safety issue with the driveway. Staff discussed the height oft the retaining wall without the garage would be 21 feet. Mr. and Mrs.  to replace the wall. He feels that thej proposed plan is reasonable.  issues ofthel left side oft the driveway.  Shurber stated their concern for repairing the rear wall.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 5of9    Sharon Spratley made ai motion to approve the variance to the standards oft the Bountiful City Land Use Ordinance to allow for encroachments on slopes greater than 30% located at 2452 Cavel Hollow Way due to safety concerns. Richard Higginson second the motion. Voting passed 5-1 with Commission members Bell, Clark, Higginson, Hill, and Spratley voting aye with Monson voting nay. 5. Consider preliminary site plan approval for an building construction material/office without outside storage for Jim Miller Plumbing and Heating located at 220 W Center St, Randy Lewis Randy Lewis representing Jim Miller was present. Curtis Poole presented the staffr report. The applicant, Jim Miller, requests preliminary site plan approval for an expansion ofl his existing business located along 200 west. The proposal will provide additional office and storage space for. Jim Miller Plumbing near the existing business. Thej property is zoned C-G (General Commercial) and is bordered on the east and north by commercial development and on the south and west by multi-family residential. The proposed development is approximately 0.129 acres (5,619 square feet). Various businesses have tried to develop this property; however, the lot size and setback standards placed The proposed building meets all the required setback, height and parking standards oft the Commercial zone. In addition the proposal shows a landscape buffer of 10 feet against the residential property to the west. The overall landscape exceeds the 15 percent as required by code. A detention basin will be located on the south western portion of the lot and will be part oft the overall landscaping. The main floor oft the proposed building will have a standard and larger overhead garage door to accommodate vehicle storage and loading in addition to an office space. There will be a stairwell entrance accessed on the west ofthe building leading to a storage area under the office and one oft the garage bays. The main floor office will be accessed by a sidewalk on the west oft the building leading The existing drive approach will be removed and replaced with curb and gutter and a new: 24 foot As the proposed use oft this property requires a Conditional Use the applicant will need to file for This] proposal has been reviewed by the Engineering, Power, and Planning Departments and by the Staffrecommends: the Planning Commission forward to the City Council a recommendation of approval oft the preliminary site plan for the proposed building/construction material and supplies without outside storage for Jim Miller Plumbing subject to the following conditions:  representing Jim Miller, applicant.  constraints difficult to meet.  to an exterior door or from the front exterior man door.  drive access will be added.  approval oft the Conditional Use with their final site plan approval.  Fire Marshall.  1. Complete any and all redline corrections.  2. Prior to final site plan approval applicant shall apply for approval ofa Conditional Use Permit. Mr. Poole discussed that Mr. Miller will need to get a Conditional Usel Permit for approval for the inside storage use at the same time the final site plan will come before the Planning Commission.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 6of9    Mr. Lewis stated that the 2 garage doors are for convenience for the storage area. Jim Clark made a motion that the Planning Commission forward to the City Council a recommendation of approval for preliminary site plan approval for al building construction material/office without outside storage for. Jim Miller Plumbing and Heating located at 220 W Center. Richard Higginson seconded the motion. Voting passed 6-0 with Commission members Bell, Clark,  Higginson, Hill, Monson and Spratley voting aye. Note: Items 6 and 7 were presented in combination.  6. PUBLIC HEARING Consider approval for a Conditional Use Permit for a multi-family 7. Consider preliminary site plan approval for a multi-family dwelling located at 33 W 400 South,  dwelling located at 33 W 400 South, Brian Knowlton, applicant.  Brian Knowlton, applicant.  Brian Knowlton was present. Curtis Poole presented the staffi report.  The applicant, Knowlton General, requests Conditional Use Permit and preliminary site plan approval for a 14 unit multifamily development located at 33 and 55 West 400 South. The property is located within thel DN (Downtown) zone. The applicant submitted a prior proposal to develop 61 multifamily units on the property of55 West; however, has since acquired additional property to the east. The current proposal consists oft two lots, 33 and 55 West, one which has been vacant for many years and the other recently acquired by the applicant. Both properties are located in the DN (Downtown) zone. The site is surrounded by single family residential use on the west, mixed use and commercial to the The two properties are approximately .25 acres (approximately 10,933 square feet) each, although 33 West will need tol have an additional .05 acres (approximately 2,178 square feet) conveyed to it from The proposed building meets the required setback and height standards for thel DN Zone. Because the building is located at least 200 feet from the 100 west right of way the maximum building height is 55 feet. Thej proposed building is approximately 46 feet and four stories in height with one unit located on the ground floor and the remainder above. The applicant proposes building materials consisting ofa mix ofEIFS and brick. Color renderings oft the buildings are attached to this report. Itis recommended that some brick be added to the south façade as this area will bel highly visible from 500 South. Thej proposed structure meets the required articulation standards oft the ordinance and complies with the maximum 2:1 height to width ratio requirements. Ground floor units have entrances facing The plan shows the minimum 10 percent ofl landscape area and the additional landscaping required by Code for multifamily development; however, a detailed landscape plan will need to be submitted demonstrating compliance with the minimum requirements of the landscape code. A sidewalk is shown on the west side oft the property running along the proposed parking area. The Code allows for sidewalks to occupy a total of30 percent oft the required landscape area. Based on the required landscape area the sidewalk will need to be reduced. Iti is recommended that the sidewalk be pulled back to the south edge oft thel building in order to comply with the applicable standard.  north, and commercial property to the south and east.  the propertyimmediately to the east.  the public street and balconies or patios are shown for each unit.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 7of9    Access to the site will be via a single driveway on 400 South. Water and sewer will be provided via connections to existing lines in 400 South. Storm water drainage design will need tol be further refined prior to submittal for final site plan approval. Thej proposed retention system may not adequately dispose ofs storm water and additional information is required to determine adequate permeability of The applicant will need to demonstrate how storm water impacts to the site will bel handled. Sidewalks will have tol be repaired as part oft the project. Other infrastructure ini the areai is adequate for the Staffrecommends thel Planning Commission approve the Conditional Use Permit and forward a recommendation of approval to the City Council for preliminary site plan review for the proposed 14  soils to allow for retention on site.  impacts anticipated by the development.  unit multifamily building subject to the following conditions: 1. Complete any and all redline corrections.  2. Prior to submittal for final site plan approval, complete a survey oft the property to determine total buildable area available on the property. Complete any revisions to the site necessary based 3. Revise the elevations to show some brick elements on the south side oft the building in order to 4. Revise the site plan to show the sidewalk on the property ending at the south side oft the building. 5. Submit al landscape plan meeting the minimum requirements of Sections 14-16- 104 and 14-16-  on the size of the parcel.  provide architectural continuity on this visible side oft the building.  109.  6. All damaged curb and gutter and sidewalk along 400 S. shall bei replaced. The buildings will be seen from 500 South and will have brick. Chair Monson opened the PUBLIC HEARING at 10:02 p.m.  David Taylor, Bountiful resident. Mr. Taylor likes the project but is concerned about overflow  parking.  Chair Monson closed the PUBLIC HEARING at 10:03 p.m.  Mr. Knowlton stated that the parking would include visitor parking on premise. Thej purchase ofthe adjoining property allows for extra parking, lower height and the addition of ADA parking. Mr. Higginson made ai motion to approve the Conditional Use Permit for a multi-family dwelling located at 33 W 400 South with the six conditions outlined by staff. Jim Clark seconded the motion. Voting passed 6-0 with Commission members Bell, Clark, Higginson, Hill, Monson and Spratley 8. Consider a final subdivision approval for Joe and Bette Eggett Subdivision Phase 6 located at Construction plans and the plat for the Joe and Bette Eggett Subdivision, Phase 61 havel been submitted and reviewed by the Engineering Department. The applicants, Terry Eggett and Connie Woolley, are now: requesting final approval of the subdivision. This subdivision was granted preliminary approval  voting aye.  1401 East 1800 South, Terry Eggett and Connie Woolley, applicants.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 8of9    by the City Council on. January 8, 2019. By way ofal briefreview, this 61 lot subdivision is proposed in the R-3 zone near 1400 East on the north side 1800 South/Mueller Park Rd. This subdivision will leave ai remainder parcel along the Mill Creek canyon, which will serve as the: newj pasture for the llamas. In order tol locate the cul-de-sac intersection at the optimal location, it was necessary to modify the west end ofLot 1 ofthel East Peterson Subdivision by the Planning Commission's action which approved a variance to the frontage requirement for this corner lot. This parcel, along with the All lots meet the minimum requirements for size and frontage. As part of the preliminary approval, it was recommended by stafft that access to Lot 601 be limited to the cul-de-sac frontage. On the 1800 South frontage, much oft the existing curb and gutteri is in poor condition, and needs to be replaced. This will also necessitate the replacement oft the sidewalk where itl has been constructed directly behind the curb. This issue was identified in the preliminary report to the Planning Commission and City Council, and is recommended tol be included as a condition of final approval. Planned improvements for curb, gutter and sidewalk havel been reviewed by the Engineering Department. There are some minor grading issues tol be resolved on the east side ofc cul-de-sac, but all Recommend final approval ofthe. Joe and Bette Eggett Subdivision, Phase 6 with the following  modification, has been included as Lot 606 in the new subdivision.  other design elements are acceptable and meet the City'srequirements.  conditions: 1. 2. 3. 4. 5. 6. 7.  Limit the primary access ofLot 601 to the cul-de-sac frontage. subdivision to the end oft the east curb radius of1450 East.  Replace the existing curb, gutter and sidewalk along 1800 S from the west side ofthe Make all necessary red line corrections to the final plat and the construction drawings. Post an acceptable form ofbond for the construction oft the subdivision improvements.  Provide a current title report. Sign a Development Agreement. Pay all required fees.  Richard Higginson made a motion to forward to the City Council an approval for final subdivision fpr Joe and Bette Eggett Subdivision Phase 6 located at 1401 East 1800 South. Jim Clark seconded the motion. Voting passed 6-0 with Commission members Bell, Clark, Higginson, Hill, Monson and 9. Planning Director's report, review of pending applications and miscellaneous business.  Spratley voting aye.  1. Next Planning Commission meeting will be May 21, 2019.  Chair Monson ascertained there were no other items to discuss. The meeting was adjourned at 10:10  p.m.  Clint Drake, Interim Bountiful City Planner  Bountiful City Planning Commission Minutes - May 7, 2019  Page 90 of9    Commission Staff Report  Item #3  Subject: Author: Date:  Final Site Plan Review for construction of11 new multifamily units in combination with an existing 12 units ofr multifamily residential Curtis Poole, Assistant City Planner  Address: 393 W: 200 North Description of Request:  BOUNTIFUL EST.1847  May 16, 2019  The applicant, Brad Kurtz, is requesting preliminary site plan approval for construction of 11 new multifamily units in combination with an existing 12 apartment units. The property consists of multiple parcels addressed from 393 to 441 West 200 North in the RM-13  zoning district.  Background and Analysis:  On February 19, 2019, thel Planning Commission reviewed the preliminary site plan and forwarded a positive recommendation ofapproval to the City Council. On February 26, 2019, The City Council reviewed and approved the recommendation from the Planning The proposed development site consists off four separate properties which will be consolidated into one in order to construct the additional 11 multifamily units. The properties currently contain 12 multifamily units along with a couple of single family residential units which will be removed as a part oft the development. The property is zoned RM-13 and is almost completely surrounded by multifamily residential zoning and use with the exception of one single-family residence located to the north of the property The combined parcels total approximately 1.8: acres. Prior to issuance of building permit, these four parcels will need tol be consolidated to avoid the structures crossing property lines. A number ofe easements cross the property which will need tol be released in order to build the proposed structures. This easement release will have to be reviewed and receive approval by the City Council and any other third parties, ifapplicable, prior to final  Commission.  which is not aj part oft this development.  approval for the development.  Access to the project will be via two driveways on 200 North. The first access is an existing drive approach at the east entrance to the property and the second is ar new drive approach on the west oft the property. After concerns from the Commission and stafft the applicant has revised the driveway on the south west portion of the site to meet the 20 foot minimum Thej parking has been revised after the Commission and Council reviewed the proposal. The applicant has moved parking away from the storm detention basin and moved the 5 spaces in the south eastern portion of the site, which have created more green space for the  of! paved width required by Code.    development. With these changes the development continues to meet the minimum parking standards fora a multifamily development. The plan also provides atl least one The project consists ofa mix oft two and three bedroom units. There are four existing 3- bedroom units and eight 2-bedroom units in the existing portion oft the development. Each oft the new 11 new units will have two bedrooms. The proposed structures are two stories and are less than the 35 foot maximum height for buildings in the RM-13 zone. The The applicant proposes a mix ofl brick and siding materials for the buildings. Current standards oft the Code limit the amount siding to 50 percent oft the exterior elevations. From thej preliminary plans the applicant has increased the amount of brick used for the exterior to meet the standard. Thej proposed buildings show private outdoor space in thei form of patios on the front of each ofthe units. The existing units have private patios to the rear of the units. The applicant has provided an entrance on the new: street facing unit in order to provide pedestrian connection to the adjacentstreet. There are architectural articulations and canopies which break up the exterior surfaces oft the proposed buildings. The landscape plan submitted by the applicant shows the minimum 40 percent landscaping required by Code. The applicant proposes to use a mix of existing and new trees into the landscape plan. The applicant also has increased the green spaces oft the development The Commission asked the applicant to add a sidewalk which would connect the front entrances of thel building on the northwest portion oft the site to 200 North. The revised Water and sewer will be extended from 200 North to serve the new units. Storm water will be detained in two detention ponds on the north side oft the property and will connect to an  covered parking space for each unit as required by ordinance.  buildings all meet the required setbacks for the RM zone.  addressing suggestions made by the Commission.  plan submitted by the applicant show this addition.  existing 12 inch storm drain in 200 North.  Department Review and by the Fire Marshall. Significant Impacts  This proposal has been reviewed by the Engineering, Power, and Planning Departments  The development will have some impacts on traffic in the area. However the property is located in an area of the City where multifamily developments have been planned for many  years.    Recommended Action  Staff recommends the Planning Commission forward a recommendation ofa approval of the request for final site plan to the City Council subject to the following conditions:  1. Complete any and all redline corrections.  2. Prior toi issuance ofal building permit, complete the following:  a. Consolidate the parcels and obtain approval of an easement release from the b. Finalize the culinary water system design and coordinate with the existing systems which serve the two existing multi-family properties. Obtain Excavation Permit(s) for work in the Public Right ofWay. Note: This includes installation ofutilities; construction of curb, gutter and d. Any modifications required as conditions by the Planning Commission and  City Council and any third parties ifapplicable.  sidewalk; and asphalt patching.  City Council.  Attachments 1. 2. 3.  Aerial photo Siteand utility plans Proposed building elevations    Aerial Photo  G6KBBRE                HVIN7N-INNO8 SIWOHNMOI  NVId3LIS a3SOdOud  &      HVIN7N-IINNO8 SIWOHNMOI  ueld Aunn    :  09 00000 99  00000000  00000    000  228  0000  000  #li a93 Poeolok    Conditional Use rermit-Amendment  A public hearing was held on February 5, 2019, at Bountiful City Hall to consider an Conditional Use  amendment for an. Assisted Living/Memory Care facility at the following location:  Parcel: 03-021-0035  430 West 400 North, Bountiful City, Davis County, Utah  BEG 10.53 CHAINS N & 5.29 CHAINS E. FR SW COR OF NW 1/4 SEC 19-T2N-RIE, SLM; N 614.84 FT,M/L, TOSLYLINE OF PPTY CONV' TO BOARD OF EDUCATION IN 289-235,236 WHLINE IS THE CENTER OF BARTON CREEK; TH SE'LY ALONGTHE CENTER LINE OF SD CREEKTO A PT 663.97 FT W OF THE EI LINE OF BLK 8, NMC, BOUNTIFUL TS SURVEY AT AJ PT EOF THE POB; TH S: 50 FT; TH NW'LYI IN A STRAIGHT LINE TO Al PT 424.38 FT E OF THE POB; TH W 305.15 FT; TH S 165.78 FT; TH W 69.13 FT; TH S 120.0 FT; TH W 50.01 FT; TH N 285.78 FTTOTHE The Bountiful City Planning Commission heard the matter and considered the statements oft the applicant, the City staff, and the public. As ai result, the Planning Commission makes the following findings:  POB. CONT. 5.35. ACRES.  1. This matter is properly heard before the Planning Commission. 2. Appropriate public notice has been provided and aj public hearing held.  The Bountiful City Planning Commission hereby grants this Conditional Use Permit approval on February 5, 2019 at 366 and 430 and West 400 North, Bountiful, Davis County, Utah, with the following conditions:  1. Complete any and all redline corrections.  2. Prior to issuance ofal building permit, complete the following:  a. Consolidate the parcels and complete any required parcel boundary adjustments. b. Submit a final landscape plan meeting the requirements of Chapter 16 oft the Bountiful City Zoning Ordinance. The plan shall include a solid fence extending along the entire east property Any modifications required by conditions of the Planning Commission and City Council.  line of the expanded parking area.  The Conditional Use Permit was approved on February 5, 2019, and this written form was approved on May 21,  2019.  Sean Monson, Planning Commission Chairman  ATTEST: Darlene Baetz, Recording Secretary    Item #5  BOUNTIFUL CITY PLANNING COMMISSION FINDINGS OF FACT AND CONCLUSIONS  APPLICANT:  Daniel and Carri Fergusson  APPLICATION TYPE: Request for a proposed variance to the standards of section  14-2-111 to allow disturbance of slopes exceeding 30 percent and retaining walls and cuts and fills exceeding 10 feet in  height in the R-F zone.  I.  DESCRIPTION OF REQUEST:  The applicants, Daniel and Carri Fergusson, have requested a variance to allow for encroachments on slopes greater than 30 percent on the property and for cuts and fills and retaining walls greater than 10 feet in height for the property located at 2452 Cave Hollow Way ini the R-F (Residential Foothill!) zone. The proposed variance would allow for construction of a new addition to the home  and for modifications to the existing driveway. LAND USE ORDINANCE AUTHORITY:  II.  Section 14-2-111 authorizes the Planning Commission as the review body for  variance requests related to standards in the R-F zone.  III. APPEAL PROCEDURE:  Bountiful City Land Use Ordinance section 14-2-108 states that an applicant, board or officer of the City, or any person adversely affected by a Land Use Authority's decision administering or interpreting a land use ordinance or ruling onar request for a variance may, within fourteen calendar days of the written decision, appeal that decision to the Appeal Authority. No other appeals may be The appeal must be in writing and specifically allege that there is an error in an order, requirement, decision or determination by the Land Use Authority. The appellant shall state every theory of relief that it can raise in District Court.  made to the Appeal Authority.  IV. SUMMARY OF EVIDENCE:  A. The basic facts and criteria regarding this application are contained in the staff report, which is attached as Exhibit A and is incorporated herein. B. The minutes of the public hearing held by the Planning Commission on Tuesday, May 7, 2019 which are attached as Exhibit B summarize the oral testimony presented and are hereby incorporated herein.    V.  FINDINGS OF FACT:  Based upon the information presented and oral testimony given at the public hearing the Planning Commission made the following findings: A. The literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out State law defines a hardship as "associated with and peculiar to the property itself," and further states the hardship "cannot be self-imposed or economic." Furthermore, a "variance is not necessary if compliance is possible, even ift the property owner has to alter desired plans." While there may be an appropriate disturbance to allow for reasonable expansions to the driveway and home, allowing the construction of a large three-car garage and widening the driveway does not seem in harmony with maintaining minimal impact to the steep slopes in the R-F zone. Sucha proposed expansion should be considered self-imposed as the applicants B. There are special circumstances attached to the property that do not  the general purpose of the land use ordinance;  currently have reasonable use of the property. generally apply to other properties in the district;  Many of the properties in the R-F zone have similar constraints as the applicant's property which limit the buildable area and require steep narrow driveways. While there may be an appropriate disturbance to the slope to enable construction of a less steep driveway, the current proposal would not be considered the minimum disturbance necessary to C. Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the district;  accomplish this objective.  The original approval of the home on the property allowed for construction ofar reasonably sized single-family dwelling while maintaining a minimal disturbance to the hillside. The proposed variance is not an essential necessity for the continued use and enjoyment of the property as the applicants already have use of the property with the existing home. D. The variance will not substantially affect the general plan and will not be The original approval was consistent with the development standards in the R-F zone, and allowed for use of the property. The applicant has not demonstrated other reasonable or feasible alternatives with less impact to  contrary to the public interest;  the slope areas.    E. The spirit of the land use ordinance is observed and substantial justice is The purpose of the land use ordinance that requires improvements be located on slopes less than 30% and retaining walls less than 10 feet talli is to preserve the hillside and manage runoff and erosion on properties located in the foothills. The proposed variance disturbs the slopes beyond the minimal amount necessary. Any variance proposal requesting to disturb the steep slopes on a property should be minimized as much as  done  possible.  VI. DECISION AND SUMMARY  The Planning Commission approved the requested variance by a vote of 5-1. FINDINGS OF FACT APPROVED BY THE Bountiful City Planning Commission this 4th  day of June, 2019  Sean Monson, Chair  Bountiful City Planning Commission