BOUNTIFUL CITY PLANNING COMMISSION AGENDA Tuesday, December 18, 2018  6:30 p.m.  NOTICE IS HEREBY GIVEN that the Bountiful City Planning Commission will hold a meeting in the Conference Room at City Hall, 790 South 100 East, 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 of the minutes for December 4, 2018.  3. PUBLIC HEARING - Consider a request for a variance to the lot width standards of Section 14-4-104 of the Bountiful City Land Use Ordinance to modify the minimum corner lot width standards for an existing lot in conjunction with the. Joe and Bette Eggett Subdivision Phase 6 application. The property is located at approximately 1401 E. 1800 4. Consider a preliminary subdivision approval for Joe and Bette Eggett Subdivision Phase 6located at 1401 East 1800 South, Terry Eggett and Connie Woolley, applicants. 5. Consider approval of the Findings of Fact denying a variance request to remove and replace the required 10 foot landscape buffer along the street frontage with asphalt at Antion Auto located at 633 S 500 West, Stephen Sandberg representing Antion Auto,  South, Terry Eggett and Connie Woolley, applicants.  applicant.  6. Consider approval oft the 2019 Planning Commission Meeting Calendar.  7. Planning Director's report, review of pending applications and miscellaneous business.  City Planner  LE    Bountiful City Planning Commission Minutes December 4, 2018 6:30 P.M.  Present:  Chair - Sean Monson; Planning Commission Members - Jesse Bell, Tom Smith and Sharon Spratley; City Council Representation - Richard Higginson; City Planner Chad Wilkinson; City Engineer - Lloyd Cheney; City Attorney - Clint Drake; Asst. Planner - Curtis Poole; and  Recording Secretary - Darlene Baetz  Excused:  Vice Chair - Von Hill and Planning Commission Member-J Jim Clark  1. Welcome and Introductions.  Chair Monson opened the meeting at 6:31 pm and welcomed all those present.  2. Approval of the minutes for November 20, 2018.  Tom Smith made a motion to approve the minutes for November 20, 2018 with the three corrections as noted. Correction 1 on Page 2 Paragraph 8 "Mr. Bell discussed the possibility of extra windows on all floors." Correction 2 on Page 3, Line 1 "...code for the windows on the ground floor...." Correction 3 on Page 3, paragraph 6 "Sharon Spratley made a motion that the Planning Commission Sharon Spratley seconded the motion. Voting passed 5-0 with Commission members Bell, Higginson, 3. Consider preliminary subdivision approval for Seifert Subdivision located at 3332 South 725  approved the Conditional... ?  Monson, Spratley and Smith voting aye. West, Roger Seifert, applicant.  Roger Seifert was present. Lloyd Cheney presented the staff report.  Mr. Roger Seifert is requesting preliminary approval of the Seifert Subdivision. This three lot subdivision proposes to include the existing single family home at 3332 S 725 W and the vacant parcel at the end of the street into a three lot subdivision. It is proposed that a new cul-de-sac be created in the existing vacant parcel, resulting in a new lot on the east and west sides of the cul-de-sac. The existing vacant parcel slopes from east to west at approximately 5% on the north property line and increases to approximately 20 % towards the south-east corner of the parcel which abuts the Jenkins property. The existing parcels are located in the R-4 zone and combine to form a 1.384 acre parcel from which three lots will be created. The proposed area of each loti is more than twice the 8,000 sq.ft. minimum lot size requirement for this zone. Lot 1, which will include the existing home on the west side of 725 West, will have 90 ft. of frontage. Lots 2 and 3 will have widths of 109 ft. and 112 ft. Utilities are already serving the four lots which front onto 725 West, north of the proposed subdivision. A South Davis Water District 6" culinary water main is located behind the west curb. This line will need to be extended approximately 145 feet to the south side of the cul-de-sac and have afire hydrant installed at the termination of the line. An existing 8" sewer main extends to the south through the property, sO the installation of2 new sewer laterals to serve the lots which front the cul-de-  respectively (measured at the 25 ft. setback).  Bountiful City Planning Commission Minutes - December 4, 2018  Page lof5    sac are all that is necessary to provide sewer service. Overhead power lines are located on the south The street improvements as proposed deviate slightly from the standard right of way requirements because of the limited north-to-south dimension of the vacant parcel and the width of the adjacent parcel 3333 S 725 W. Because of these conditions, the cul-de-sac is proposed with a 50 ft. radius (measured at the property line). Since there is no sidewalk on 725 W, sidewalk is not proposed to be installed at this time, however, the 8 ft. separation between the curb and gutter and the proposed It should be noted that the extension oft the culinary water line as shown will require that the existing curb and gutter on the west side of 725 W be removed and replaced. A3 ft wide asphalt patch will be Recommend preliminary approval oft the Seifert Subdivision with the: following conditions:  side of the vacant parcel.  property line would accommodate a 4 ft. wide park strip and a 41 ft. wide sidewalk.  required in the existing pavement.  1. 2. 3.  Provide a current title report. Make all necessary red line corrections. Pay all required fees (Storm Water Impact Fee).  Richard Higginson made a motion that the Planning Commission forward to the City Council a recommendation of approval for a preliminary subdivision approval for Seifert Subdivision located at 3332 South 725 West with the three conditions outlined by staff. Sharon Spratley seconded the motion. Voting passed 5-0 with Commission members Bell, Higginson, Monson, Smith, and Spratley 4. PUBLIC HEARING - Consider approval of a variance to section 14-6-109 of the Bountiful City Land Use Ordinance to allow for the required landscaping in the parkstrip and the required 10 foot landscape buffer along the street frontage to be removed and replaced with asphalt at Antion Auto located at 633 S 500 West, Stephen Sandberg representing Antion Auto, applicant.  voting aye.  Stephen Sandberg was present. Curtis Poole presented the staffi report.  The applicant, Durbano Law Firm, is requesting a variance to allow for the standards of section 14-6- 109 of the Bountiful City Land Use Ordinance to allow for the required landscaping in the parkstrip and the required 10 foot landscape buffer along the street frontage to be removed and replaced with asphalt. The purpose of the variance is to allow the applicant additional room for cars to be displayed. On May 25, 2018, the City received a code enforcement complaint explaining the applicant had removed the parkstrip and landscaping buffer of their property and replaced it with asphalt. Case #76- 2018 was opened and notifications were sent on June 7 and 19, 2018. After no response from the applicant a final certified letter was mailed on. July 12, 2018. On July 25, 2018, Jake Fordham, the City Prosecutor, and Curtis Poole met with Stephen Sandberg, attorney with the Durbano Law Firm, on-site Mr. Sandberg agreed to submit a landscaping plan to be approved by the Planning Department by August 20, 2018. On August 20, 2018, Mr. Sandberg requested additional time to submit the landscaping plan, and a new deadline of August 31,2018 was given. Mr. Sandberg emailed on August  The property is located in the C-H zone.  tod discuss the violation and what was needed to bring the property into compliance.  Bountiful City Planning Commission Minutes - December 4, 2018  Page 2of5    31, 2018 indicating the applicant would be considering other options.  The applicant's property isi in the C-H zone and the existing business, Antion Auto, has been operating from this location since 2012. City Code 14-6-109 requires there shall be a 10 feet wide landscape buffer installed along all frontage areas except for drive approaches. It further states landscaping shall be installed in all parkstrips, and prohibits any non-vegetative material in the parkstrip. This part ofthe City Code has been in force since it was adopted in 1982. Aerial photos show that through at least June of2 2017 the applicant was meeting the landscape area requirement for the setback buffer and the parkstrip. Landscaping was required as aj part oft the original approval oft the site in 1988 and removal of the landscaping makes the site noncompliant with the original approval. It appears from aerial photos the landscaping on site has been slowly allowed to deteriorate up and until the landscaping was removed sometime after June 2017. City Code requires continuous maintenance of landscape areas in Utah Code 10-9a-702 establishes the criteria for review of a variance request. In order to grant a  accordance with approved plans.  variance each oft the following criteria must be met:  (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: City records show the landscaping of the property was originally installed in 1988. Since then property owners have continued to maintain the landscaping until at least June of2017.The landscaping was removed voluntarily by the applicant to increase their vehicle inventory and parking. State Law 10-9a-702 S (b) states "the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic." The fact the applicant removed the landscaping voluntarily should be considered a self-imposed event. Also, any potential economic impact alleged by the (ii) There are special circumstances attached to the property that do not generally apply to other Staff Response: The applicant's property is located in the C-H zone. It is a middle lot with frontage on 500 West. The City Code adopted in 1982 required all new commercial developments in the zone tos submit a landscaping plan as part oft their site development plan. Ifother properties involving auto- sales or similar businesses were to develop in the C-H zone they would be required to keep and maintain the current landscaping required by the ordinance. There are no unique circumstances which would allow this property to be considered for a variance to the landscaping ordinance. (iii) Granting the variance is essential to the enjoyment ofas substantial property right possessed by Staff Response: All commercial development which occurred after the 1982 Code was adopted have been required to install and maintain landscaping according to this ordinance. Within the C-H zone the properties which were developed prior to the adoption ofthe 1982 Code were not required to meet the landscaping code and are considered legal non-conforming, as in the case of properties such as Bountiful Bowl, Flower Patch, and Robintino's. As these legal non-conforming properties have been developed, they have been and will be required to meet the current landscaping requirements, as in the case oft the current Culver's and Stout business developments as well as the recent development of the Fordham Commercial Park. There are also circumstances where aj property was forced to remove their  applicant cannot be considered an unreasonable hardship by State Law.  properties in the same. zone;  other property in the same. zone;  Bountiful City Planning Commission Minutes - December 4, 2018  Page 3 of5    landscaping by UDOT as expansions to the intersection of 500 West and 500 South occurred, as in the case of Walgreen's, McDonald's, Sherwin Williams and KFC. These properties are now considered legal non-conforming. If these properties were to redevelop in the future they would be required to meet the current landscaping code. Properties which have removed their landscaping voluntarily and do not comply with the current landscaping code have been and will be subject to code enforcement (iv) The variance will not substantially affect the general plan and will not be contrary to the Staff Response: As the property is located in the high traffic corridor of 500 West, it is a very visible  proceedings.  public interest;  part of the city and maintaining the landscaping code is aj public interest. (v) The spirit of the land use ordinance is observed and. substantial, justice done  Staff Response: Granting a variance would be contrary to the spirit of the land use ordinance. Landscaping required by ordinance serves as an aesthetic benefit to the City and also provides valuable pervious space to assist in capture of storm water runoff. Granting the variance to the Staff recommends denial of the requested variance to allow for the landscaping in the parkstrip and setback buffer to be removed and replaced with non-vegetative material. Landscaping shall be restored in order to comply with the originally approved landscape plan for the property. Chair Monson opened and closed the PUBLIC HEARING at 6:50 p.m. without comment. Mr. Sandberg asked about the code enforcement process the City has for properties that are in violation. He also disagreed with the comments given in the staff report about the substantial impact to Mr. Wilkinson stated that the City has limited staff and that staff are not able to drive around the city conducting proactive enforcement. The City receives complaints from City citizens and also will There was discussion about the reduction of inventory if the landscape was restored. Commission members commented that there is strict criteria that needs to be met for variances to be approved and noted that this property did not have anything unique about it and that the commission cannot consider Sharon Spratley made a motion to deny the variance to section 14-6-109 of the Bountiful City Land Use Ordinance to allow for the required landscaping in the parkstrip and the required 10 foot landscape buffer along the street frontage to be removed and replaced with asphalt at Antion Auto located at 633 S 500 West. Richard Higginson seconded the motion. Voting passed 5-0 with Mr. Wilkinson stated the appeal process. Bountiful City Land Use Ordinance section 14-2-108 states an applicant, board or officer oft the City, or any person adversely affected by a Land Use Authority's decision administering or interpreting a land use ordinance or ruling on a request for a variance may,  landscaping ordinance is not in keeping with the spirit oft the ordinance.  the aesthetics ini this zone.  enforce the code when ai request for building permit is received at the City office.  financial hardship.  Commission members Bell, Higginson, Monson, Smith and Spratley voting aye.  Bountiful City Planning Commission Minutes - December 4, 2018  Page 4 of5    within fourteen calendar days oft the written decision, appeal the decision to the Appeal Authority. No The appeal must be in writing and specifically allege there is an error in an order, requirement, decision or determination by the Land Use Authority. The appellant shall state every theory of reliefit 5. Consider approval of a Conditional Use Permit letter in written form for a 6-unit multi-family Sharon Spratley made a motion to approve the Conditional Use Permit letter in written form for a 6- unit multi-family development located at 55W400 South as written. Jesse Bell seconded the motion. Voting passed 5-0 with Commission members Bell, Higginson, Monson, Smith and Spratley voting  other appeals may be made to the Appeal Authority.  can raise in District Court.  development located at 55 W 400 South, Brian Knowlton, applicant.  aye.  6. Planning Director's report, review of pending applications and miscellaneous business.  1. Next Planning Commission meeting will be December 18, 2018 and will include a subdivision 2. Election of Planning Commission Chairman and Vice Chairman for 2019 will be on the agenda in Chair Monson ascertained there were no other items to discuss. The meeting was adjourned at 6:59  review and Variance. January 2019.  p.m.  Chad Wilkinson, Bountiful City Planner  Bountiful City Planning Commission Minutes - December 4, 2018  Page5of5    Item #: 3  Commission Staff Report  Item: Author: Date:  PUBLIC HEARING - Request for variance to minimum corner lot width requirements Chad Wilkinson, Planning Director December 18, 2018  Address: Approximately 1401 E: 1800 South  BOUNTIFUL EST.1892  Description of Request  The applicants, Terry Eggett and Connie Woolley, have requested a variance to the required cornerl lot width requirements oft the R-3 Zoning District. The proposed variance has been submitted in conjunction with an application for subdivision.  Authority  Section 14-2-111 authorizes the Planning Commission as the review body for variance  requests within the R-3: zone related to lot width.  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 ori interpreting a land use ordinance or ruling on a request for a variance may, within fourteen calendar days oft the written decision, appeal that decision to the Appeal Authority. No other appeals may be made to the. Appeal Authority. 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 relieft that it can raise in District Court.  Background and Analysis:  The applicants have requested a variance to allow for approval ofal lot in a proposed subdivision that does not meet the minimum corner lot width requirements. The proposed Eggett Subdivision Phase 6 includes a portion ofLot 1 ofthe East Peterson Subdivision. This lot, which is shown as Lot 605 of the proposed subdivision, fronts on both 1800 South and the proposed cu-de-sac. Since the lot fronts on both streets iti is considered tol be a corner. lot and is required to meet the lot width standards for corner lots. Int the R-3 zone, corner lots must have a minimum width of90 feet along both frontages. As proposed, the lot meets the standard on 1800 South, but only has approximately 30 feet of frontage Although the Eggett property could be developed without the inclusion ofLot1 oft the Peterson Subdivision, a small portion of the lot was included in the design oft the subdivision in order to place the access road for the subdivision in al location that would  on the cul-de-sac.    lower the grade oft the street and reduce the grading required to construct the street. The applicant had previously submitted a plat showing the minimum configuration needed for compliance with the Code, but the result oft that layout produces twol lots which are unusual in shape, adds no useable ground tol Lot 605, and is not wanted by the current owner oft the  proposed Lot 605. Variance Findings  Utah Code 10-9a-702 establishes the criteria for review of a variance request. In order to @) Literal enforcement ofthe ordinance would cause an unreasonable hardship, for the applicant that is not necessary to carry out the general purpose ofthe land use  grant a variance each of the following criteria must be met:  ordinances;  Staff] Response: The proposed Lot 605 is made up ofthe remainder of an existing developed lot (Lot 1 of East Peterson Subd.) One oft the purposes ofl lot width standards for corner. lots is to create a lot that can take access from either street. A second purpose is to create aj property that contains adequate buildable area even with the additional exterior setbacks required for a corner lot. In this case, the lot is already developed and has established access to 1800 South. The grade difference between the existing homel located on Lot 605 and the proposed cul-de-sac is substantial, making access to the cul-de-sac (i) There are special circumstances attached to the property that do notgenerally apply Staff Response: The portion ofLot 605 which fronts on the proposed cul-de-sacis approximately 30 feet in length and is separated from the developed portion of Lot 605 by a 20 foot difference in grade. This is currently a natural area that is not maintained by the property owner and iti is anticipated that this area would continue to remain as a natural area. The east portion ofl lot 605 is already developed with a single family dwelling that takes its access from 1800 South. The owner of Lot 605 has no desire for the additional property that would be required to meet the standard for corner lot width and the difference in grade makes it extremely difficult to take access from the cul-de-sac, even if thel lot width were provided. The special circumstances created by the difference in grade and the unusual lot shapes needed to meet the standard justify a variance to the standard. (ii) Granting the variance is essential to the enjoyment ofa substantial property right Staff Response: Granting the variance in this instance will allow for orderly development oft the applicants property without the need to create an odd shaped or unusable area for thej proposed lot 605. Since the reason fori including this Loti is toj provide for a better access to the proposed subdivision, the variance will provide thej property owner with the rightto  unlikely and undesirable.  toother properties in the same. zone;  possessed by other property in the same zone;  develop their property in an orderly way with a better design.    (iv) The variance will not substantially affect the general plan and will not be contrary to Staff Response: The public interest will be served by not creating two odd shaped lots solely for the purpose of meeting the standard. While there are designs that would meet the Code, those designs will create odd shaped lots or portions ofl lots that are separated by substantial differences in grade from the main part oft the lot. This grade separation will make those portions of the lot unusable by the owner of Lot 605 and maintenance oft these areas is unlikely. Allowing a variance to the standard will not have a substantial impact to (v) The spirit oft the land use ordinance is observed and. substantial justice done Staff Response: The purpose oft the corner lot width standard is to provide for additional opportunities for access and adequate area for building on corner lots. Ini this case the loti in question is already developed and differences in grade make itl less appealing toj provide access to the cul-de-sac. Therefore granting the variance is in keeping with the  the public interest;  the general plan oft the publicinterest  spirit oft the land use ordinance. Department Review City Planner, City Engineer Recommended Action  Based on analysis of the required review criteria from State lawi included ini the findings above and the materials submitted by the applicant, staff recommends that the Planning Commission approve the variance to the corner lot standards of Section 14-4-104 ofthe  Bountiful Land Use Ordinance  Attachments 1. Aerial Photo 2. Applicant's Narrative 3. Proposed Subdivision    Aerial Photo-Approximately 1401 E: 1800 S    Variance Request Questions: Ordinance 14-4-104  1. The development oft the property facilitates the need to acquire a small sliver of ground from Lot 1 of East Peterson Subdivision to make the new road grades flatter and the uphill cuts more manageable. The new culdesac street will be easier to maintain by the City Public Works department. This project could be done without using any of lot 1 but the new road grades would be very steep and the cuts at the fronts on the lotsi int the culdesac would be very difficult to overcome. By placing the road entrance in this location makes Lot 1 into a corner lot. This lot was already and irregularly shaped lot that ends with a point. The ordinance requires that there be minimum frontage on both sides ofa corner lot. This brings on a hardship for the lot owner because it increases the frontage that he has too maintain. The owner doesn't want the frontage because he has a difficult time maintaining what he already has. Iti is not necessary to carry out the general purpose because there already is an existing home on the lot with the driveway on the opposite side of the lot. There is also a large amount of grade change that makes the frontage on the proposed 2. The original lot was odd shaped because oft the existing property boundaries when the East Peterson Subdivision was platted. 1800 South Street followed the section line and then turns Southerly at the property corner which created the point of the triangle for the existing lot. This condition for the odd parcel shape was created when 1800 South Street 3. Granting this variance allows for a more uniform lot shape in the new: subdivision. It will allow the frontage to be better maintained from the new lot owner because it is in front of 4. The variance will not substantially affect the general plan or contrary to the public interest because the lot that would be required to change is already improved with al home and driveway that works with the steep slope of 1800 South Street. There are also many 5. The spirit oft the land use ordinance is observed, and substantial justice done because the proposed subdivision will take an existing irregular shaped lot and make it slightly better shape. It also allows to new lot be more regular in shape which would not be the case ift the frontage of the existing lot was per ordinance. This will result in a more orderly development of the ground with more traditionally shaped lots.  street difficult to access the lot from that street.  was improved and was not created by the proposed development.  their house.  examples of situations similar, so it won't look out of place.    snpalua  wyW7S MAEAASLIYAT 3 L30S 113993.49431  NI43IP007    Commission Staff Report  Item #4  Subject: Address: Author: Date:  Preliminary Subdivision Approval for the Joe and Bette Eggett Subdivision, Phase 6 1400 East 1800 South City Engineer, City Planner December 18, 2018  BOUNTIFUL EST.1 1847  Department: Engineering, Planning  Background  Terry Eggett and Connie Woolley are requesting preliminary approval of the. Joe and Bette Eggett Subdivision, Phase 6. This six lot subdivision proposes to include Lot 1 from the East Peterson Subdivision and Lot! 502 from the. Joe and Bette Eggett Phase 5 Amended plat. This location is best described as "the llama pasture" on the north side of 1800 South Street. The subject property extends from the 1800 South Right-of-Way line into the Mill Creek canyon to  the north. Analysis  The subdivision is located in the R-3 zone, which requires a minimum lot size of 11,000 sq. ft.  and a minimum frontage of8 80ft. Lot Size and Frontage  All of the interior lots (602, 603 and 604) exceed these minimum requirements. Lot 601 exceeds the minimum requirements of being 101 ft wider and 10% larger for a corner lot. Lot 606, which includes the former Lot 502 and additional property from the pasture area, also meets the Lot 605 represents the modified configuration of the former Lot 1 of the East Peterson Subdivision. In order to construct the cul-de-sac as proposed, approximately 887 sq. ft. and 71 feet of the tapered west end of Lot 1 is allocated to the cul-de-sac right of way and to the south east corner of Lot 601. This is a negligible impact to the useable area of Lot 1 but it does have a significant consequence in the sense that Lot 1now becomes a corner lot, and is not compliant with the requirements of the ordinance for minimum frontage on a corner lot. The applicant had previously submitted a plat showing the minimum configuration for compliance, as shown in Figure 1, but the result of that layout produces two lots which are unusual in shape, adds no useable ground to Lot 605, and is not wanted by the current owner oft the proposed Lot 605. With those considerations in mind, the applicant has also begun the process to obtaina a variance for this requirement. Alternate acceptable layouts which would not require a variance Iti is preferred that access for Lot 601 be restricted to the cul-de-sac side of the lot.  minimum requirements for size and frontage.  are shown in Figure 2.    b 4w 18.19 SETBACK(TYP.) 25FRONT 558° 4521E 25,00 5060 p3'0 01E 47,13  LOT 604 65,801 sq.f.  $899 58'27E 164.73  N2101 1315"E 42.15  /  LOT 605  L-25814 R=787.26 21,426sq.f. 18° 47 13 CB-N62.14 15'W CL-256.98  Figure1 Original proposed configuration of Lot 605 meeting corner frontage requirement.  18.19 25'FRONT SETBACK(TYP.) 558° 4521E 25,00 S00n3 01E 47,13  LOT604 65,801sq.f  $8995 5027E. 164.73  N21°1 131 15"E 42.15  LOT 605  L-258.14 R=787.26 21,426sq.f 180 47 13" CB-N62914 15W CL-256,98  Figure 2A Alternate configurations of Lots 604 and 605 which meet corner lot frontage requirements.  Right-of-Way and Utilities  The proposed 541 ft. wide street section and 108' diameter cul-de-sac configuration are standard widths, and will be adequate to serve this development. On the 1800 South frontage, much of the existing curb and gutter isi inj poor condition, and needs tol be replaced. This will also necessitate the replacement oft the sidewalk where it has been constructed directly behind  the curb.  subdivisionsljoe and betty eggett subdivision ph 62 2018pc preliminary: approval jbe eggett subd ph 6, dec 2018.docx    All of the utilities which are necessary to serve this development are available in 1800 South Street. A detention basin is proposed on the west side of Lot 601. The basin sizing requirements will require a slight adjustment SO that the existing runoff from 1800 South can be properly accounted for ini the operation oft the detention basin. This will likely mean that the basin capacity and discharge rate will be slightly larger than what would be required for just the subdivision itself. The existing storm drain system ends on the east side of the intersection at 1300 East Street, sO the developer will need to extend the system approximately 330 feet to The Bountiful City Street Department is planning a pavement maintenance project in this location in the next budget year. Utility work and thei installation of curb, gutter, waterways, etc. will need to be completed before the City's project begins to avoid additional requirements  the east to provide an outlet for the detention basin.  for restoring the pavement. Department Review Planning Department. Recommendation  The proposed preliminaryand final plat has been reviewed by the Engineering Department and  Recommend preliminary approval of the Joe and Bette Eggett Subdivision, Phase 6 Subdivision  with the following conditions:  1. 2. 3. 4. 5. 6.  Obtain approval of a variance from the Planning Commission for the reduced  corner lot width shown for Lot 605. Provide a current title report. Make all necessary red line corrections. Post al bond for the required improvements.  Extend the storm drain from 1300Et to the storm drain detention basin.  Pay all required fees.  Significant Impacts None Attachments  1. Aerial photo showing the proposed location 2. Ad copy oft the preliminary plat.  subdivisionsljoe and betty eggett subdivision phe 62 2018pc preliminary approval jb eggett subd phe 6, dec 2018.docx    Aerial Photo of the Proposed Joe and Bette Eggett Subdivision, Phase 6  subdivisionsljoe and bettye eggett subdivision ph 62 2018pc preliminary approval jb eggett subd phe 6, dec 2018.docx    supalus  143413S2 43901  41049  1  133MISIS3ASL  WI    Item #! 5  BOUNTIFUL CITY PLANNING COMMISSION FINDINGS OF FACT AND CONCLUSIONS  APPLICANT:  Durbano Law Firm  APPLICATION TYPE: Request for a variance to the standards of section 14-6-109  of the Bountiful City Land Use Ordinance to allow for the required landscaping in the parkstrip and the required 10 foot landscape buffer along the street frontage to be removed and  replaced with asphalt.  I.  DESCRIPTION OF REQUEST:  The applicant, Durbano Law Firm, is requesting a variance to the standards of section 14-6-109 of the Bountiful City Land Use Ordinance to allow for the required landscaping in the parkstrip and the required 10 foot landscape buffer along the street frontage to be removed and replaced with asphalt. The purpose of the variance is to allow the applicant additional room for cars to be displayed.  The property is located in the C-H zone. LAND USE ORDINANCE AUTHORITY:  II.  Section 14-2-111 authorizes the Planning Commission as the review body for variance requests related to landscaping and parking setbacks.  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 on a 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, December 4, 2018 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 City records show the landscaping of the property was originally installed in1 1988. Since then property owners have continued to maintain the landscaping until at least June of 2017. The landscaping was removed voluntarily by the applicant to increase their vehicle inventory and parking. State Law 10-9a-702 s(b) states "the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic." The fact the applicant removed the landscaping voluntarilys should be considered a self-imposed event. Also, any potential economic impact alleged by the applicant cannot be considered an unreasonable hardship B. There are special circumstances attached to the property that do not  the general purpose of the land use ordinance;  by State Law.  generally apply to other properties in the district;  The applicant's property is located in the C-H zone. Itis a middle lot with frontage on 500 West. The City Code adopted in 1982 required all new commercial developments in the zone to submit a landscaping plan as part of their site development plan. Ifo other properties involving auto-sales or similar businesses were to develop in the C-H zone they would be required to keep and maintain the current landscaping required by the ordinance. There are no unique circumstances which would allow this property to be considered for a variance to the landscaping ordinance. C.G Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the district; All commercial development which occurred after the 1982 Code was adopted have been required to install and maintain landscaping according to this ordinance. Within the C-H zone the properties which were developed prior to the adoption of the 1982 Code were not required to meet the landscaping code and are considered legal non-conforming. as in the case of properties such as Bountiful Bowl, Flower Patch, and Robintino's. As these legal non-conforming properties have been developed, they have been and will be required to meet the current landscaping requirements, as in the case of the current Culver's and Stout business developments as well as the recent development of the Fordham Commercial Park. There are also circumstances where a property was forced to remove their landscaping by UDOT as expansions to the intersection of 500 West and 500 South occurred, as in the case of Walgreen's, McDonald's, Sherwin    Williams and KFC. These properties are now considered legal non- conforming. If these properties were to redevelop in the future they would be required to meet the current landscaping code. Properties which have removed their landscaping voluntarily and do not comply with the current landscaping code have been and will be subject to code enforcement D. The variance will not substantially affect the general plan and will not be As the property is located in the high traffic corridor of 500 West, itisa very visible part of the city and maintaining the landscaping code is a E. The spirit of the land use ordinance is observed and substantial justice is Granting a variance would be contrary to the spirit of the land use ordinance. Landscaping required by ordinance serves as an aesthetic benefit to the City and also provides valuable pervious space to assist in capture of storm water runoff. Granting the variance to the landscaping ordinance is not in keeping with the spirit of the ordinance.  proceedings.  contrary to the public interest;  public interest. done  VI. DECISION AND SUMMARY  The Planning Commission denied the requested variance by a vote of 5-0. FINDINGS OF FACT APPROVED BY THE Bountiful City Planning Commission this 18  day of December, 2018  Sean Monson, Chair  Bountiful City Planning Commission    2019 PLANNING COMMISSION MEETING DRAFT ONLY - DATES HAVE NOT BEEN APPROVED  AGENDA. ITEM: SUBMISSION DEADLINE (TUESDAY- 6:00 p.m.) 12/26/2018 (Wednesday) January 15, 2019 January 29, 2019 February 12,2019 February 26, 2019 March 12, 2019 March 26, 2019 April 16, 2019 April 30, 2019 May 14, 2019 May 28, 2019 June 11, 2019 June 25, 2019 July 16, 2019 July 30, 2019 August 13, 2019 August 27,2 2019 September 10, 2019 September 24, 2019 October 15, 2019 October 29, 2019 November 12,2019 November 26, 2019 December 17,2019 December 31, 2019  SITE PLAN REVIEW 10:30a.m.- City Hall (THURSDAY) (Applicant to attend) HOLIDAY- NO MEETING December 27, 2018 January 17, 2019 January 31, 2019 February 14, 2019 February 28, 2019 March 14,2019 March 28, 2019 April 18, 2019 May 2,2019 May 16, 2019 May 30,2019 June 13,2019 June 27,2019 July 18, 2019 August1,2019 August 15, 2019 August 29, 2019 September 12,2019 September 26,2019 October 17, 2019 October 31, 2019 November 14, 2019 12/2/2019 (Monday) December 19,2019 January2,2 2020  MEETING DATE (TUESDAY- 6:30p.m.) January1 1, 2019 January 15, 2019 February 5,2019 February: 19, 2019 March! 5,2019 March 19, 2019 April2 12,2019 April 16, 2019 May 7,2019 May 21, 2019 June 4, 2019 June 18, 2019 July 2, 2019 July 16, 2019 August 6, 2019 August 20, 2019 September 3, 2019 September 17,2019 October 1,2019 October 15, 2019 November 5, 2019 November 19, 2019 December 3, 2019 December: 17, 2019 January 7,2020 January 21, 2020  PUBLISH DATE (100 days prior)  (3 weeks prior tor mtg) Planning Conference Room  January3,2019 January25,2018 February7,2019 February 21, 2019 March 7,2019 March 21,2 2019 April4,2019 April 18, 2019 May 9,2019 May 23, 2019 June 6,2019 June 20, 2019 July3,2019 July26,2019 August 8, 2019 August 22, 2019 September 5,2019 September 19, 2019 October 3, 2019 October 24, 2019 November 7, 2019 November 21, 2019 December 5, 2019 December 26, 2019 January 9, 2020