Bountiful City Planning Commission Minutes May 7,2019 6:30 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 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 votinga 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 the 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 to 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 be painted, pavers or stamped. Mr. Bell expressed his excitement about this plan and thanked the developer for taking the time to make the improved changes. He is concerned about the safety of the pedestrians SO close to the intersection on the south end and on the sidewalk on Highway 106 next to the proposed right in and right out intersection. Mr. Cheney stated that staffhad ai meeting with UDOT and that the change  oft the access off oft the 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 1400 S. 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 of Washington Mr. Wilkinson discussed that the Renaissance Center is thel Redevelopment Area and gave Mr. Gomez Rick Gelhart, Bountiful resident. Mr. Gelhart is against the high density of apartments and is concerned about the 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 tree lined streets and park-family friendly. He did ask about the financial feasibility for this project and ifit is the 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 E5 500 S. 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 bei 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 a base line and the level of service at the 4 intersections and access needs. The level of 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 of the property to minimize the impacts of the height of 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  Cityoffice.  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 141 is 30 feet south of the parking garage. The height of 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 story building. It is measured at 20 feet more than the existing medical building. He discussed that the commercial suites have been rented out and continues to be very successful and feels that this area doesn't have the housing to support just commercial and feels that this center will attract a better cliental. Mr. Bryson discussed the possible options for ownership opportunities for both commercial 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 the 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 a motion to recommend approval to the City Council with a change of adding a change of a maximum building height of110 feet. RH seconded the motion. Voting passed 6-0 with Commission members Bell, Clark, Higginson, Hill, Monson and Spratley voting aye. Itv was noted to the audience that there will be a PUBLIC HEARING for the City Council meeting sent to all residents within 500 feet of the property. The City Council meeting will bel 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  and residential.  2019.  Cave Hollow Way, Daniel and Carri Fergusson, applicant.  Daniel and Carri Fergusson were present. Curtis Poole presented the staff 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 of a 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 in 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 a motion was made to deny the variance with the suggestion the applicants continue to work with staff on future revisions. The  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    The original application proposed the addition of a three-car garage, a driveway hammerhead turnaround, a widened driveway and a stairway connecting the entrance of the home to the parking area. These proposals significantly encroached into the slopes exceeding 30 percent. In addition retaining walls and cuts into the hillside were proposed which would have resulted in a major disturbance 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 of the driveway has been removed and the tall retaining wall has also been removed from the revised plan. Despite these changes the impact on steep slope areas of the property is not considered minimal by staff, as there would be significant cuts, fills and retentions which would need to occur. Staff has recommended to the applicants any expansion of their home should be into areas of their 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 of 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 ofthe land use ordinances; Staff Response: 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. Such a proposed expansion should be considered self-imposed as the applicants currently have reasonable use of 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 of a less steep driveway, the current proposal would not be considered the minimum disturbance necessary to accomplish this objective. (iii) Granting the variance is essential to the enjoyment ofa substantial property right possessed by Staff Response: The original approval of the home on the property allowed for construction of a 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  met." In order to grant a variance each of the following criteria must be met:  property.  properties in the. same zone;  other property in the. same. zone;  Bountiful City Planning Commission Minutes - May 7, 2019  Page 4of9    the applicants already have use ofthe property with the existing home.  (iv) The variance will not substantially 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) Thes spirit of the land use ordinance is observed and substantial, justice done  Staff Response: The purpose of the land use ordinance that requires improvements be located on slopes less than 30% and retaining walls less than 10 feet tall 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 Staff recommends the Planning Commission review the criteria required for approval as outlined in State Law to determine if the applicants have sufficiently met all of the requirements necessary for Mr. Monson asked if the applicants and staff 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  ap property should be minimized as much as possible.  approval of the requested variance.  variance.  Chair Monson opened the PUBLIC HEARING at 8:56 p.m. ofhis property for the building oft the proposed plan. Chair Monson closed the PUBLIC HEARING at 8:59 p.m.  Vic Schluter resides at 2482 S Cave Hollow Way. Mr. Schluter is concerned about the encroachment  Mr. Fergusson stated that hardship is the safety in driving down the driveway in the winter and the moving of 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 of the driveway and feels that the slope of the 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 of the area to get a back hoe back to Staff and Commission Members discussed the slope of 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 of 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 Staff discussed the height of the retaining wall without the garage would be 21 feet. Mr. and Mrs.  replace the wall. He feels that the proposed plan is reasonable.  issues of the left side oft the driveway.  the applicant has done a good job at trying to fix the safety issue with the driveway.  Schluter stated their concern for repairing the rear wall.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 5of9    Sharon Spratley made a motion to approve the 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 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 staff report. The applicant, Jim Miller, requests preliminary site plan approval for an expansion of his existing business located along 200 west. The proposal will provide additional office and storage space for. Jim Miller Plumbing near the existing business. The 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 Thej proposed building meets all the required setback, height and parking standards of 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 oft the lot and will be part oft the overall landscaping. The main floor of 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 of the 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 of 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 of 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 Staff recommends the Planning Commission forward to the City Council a recommendation of approval of the preliminary site plan for the proposed building/construction material and supplies  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.  without outside storage for Jim Miller Plumbing subject to the following conditions:  1. Complete any and all redline corrections.  2. Prior to final site plan approval applicant shall apply for approval ofa Conditional Use Permit.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 6of9    Mr. Poole discussed that Mr. Miller will need to get a Conditional Use Permit for approval for the inside storage use at the same time the final site plan will come before the Planning Commission. 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 a 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 71 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 staff 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 the DN (Downtown) zone. The applicant submitted a prior proposal to develop 61 multifamily units on the property of 55 West; however, has since acquired additional property to the east. The current proposal consists of 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 to 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 the 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. The 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 of a mix of EIFS and brick. Color renderings of the buildings are attached to this report. It is recommended that some brick be added to the south façade as this area will bel highly visible from 500 South. The proposed structure meets the required articulation standards of 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 of 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 of the property running along the proposed parking area. The Code allows for sidewalks to occupy a total of 30 percent of the required landscape area. Based on the required  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    landscape area the sidewalk will need to be reduced. It is recommended that the sidewalk be pulled back to the south edge ofthe building in order to comply with the applicable standard. 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 to be further refined prior to submittal for final site plan approval. The proposed retention system may not adequately dispose of 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 be handled. Sidewalks will have to be repaired as part of the project. Other infrastructure in the area is adequate for the Staff recommends the 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 of 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 of 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 a 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 of the building.  109.  6. All damaged curb and gutter and sidewalk along 400 S. shall be 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. The purchase of the adjoining property allows for extra parking, lower height and the addition of ADA parking. Mr. Higginson made a 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  voting aye.  1401 East 1800 South, Terry Eggett and Connie Woolley, applicants.  Bountiful City Planning Commission Minutes - May 7, 2019  Page 8 of9    Construction plans and the plat for the Joe and Bette Eggett Subdivision, Phase 6 have 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 by the City Council on January 8, 2019. By way ofab briefreview, this 6 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 a remainder parcel along the Mill Creek canyon, which will serve as the new pasture for the llamas. In order to locate the cul-de-sac intersection at the optimal location, it was necessary to modify the west end of Lot 1 of the 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 staff that access to Lot 601 be limited to the cul-de-sac frontage. On the 1800 South frontage, much of the existing curb and gutter is in poor condition, and needs to be replaced. This will also necessitate the replacement of the sidewalk where it has been constructed directly behind the curb. This issue was identified in the preliminary report to the Planning Commission and Planned improvements for curb, gutter and sidewalk have been reviewed by the Engineering Department. There are some minor grading issues to be resolved on the east side of cul-de-sac, but all Recommend final approval of the Joe and Bette Eggett Subdivision, Phase 6 with the following  modification, has been included as Lot 606 in the new subdivision.  City Council, and is recommended to bei included as a condition ofi final approval.  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 of 1450 East.  Replace the existing curb, gutter and sidewalk along 1800 S from the west side of the Make all necessary red line corrections to the final plat and the construction drawings. Post an acceptable form ofbond for the construction ofthe subdivision improvements.  Provide a current title report. Sign al Development Agreement. Pay all required fees.  Richard Higginson made a motion to forward a recommendation to the City Council for final subdivision approval for 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 Spratley voting aye.  9. Planning Director's report, review of pending applications and miscellaneous business.  1. Next Planning Commission meeting will bel May 21, 2019.  Chair Monson ascertained there were no other items to discuss. The meeting was adjourned at 10:10  p.m.  Clint Drake,  City Planner    Bountiful City Planning Commission Minutes - May 7, 2019  Page 9 of9