BOUNTIFUL CITY PLANNING COMMISSION AGENDA Tuesday, September 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 September 4, 2018.  3. PUBLIC HEARING Consider amending Section 14-14-124 of the Bountiful City Land Use Ordinance in order to allow accessory units to be leased and/or occupied by persons who are not immediate family members of the owner-occupant of the dwelling 4. PUBLIC HEARING - Consider approval of a proposed Variance to the standards of the Bountiful City Land Use Ordinance to allow for encroachments on slopes greater than 30% and to allow for cuts and fills and retaining walls in excess of 10 feet in height  and other related changes.  located at 1581 Stone Hollow Dr, William Low, applicant.  Chad Wi/kinson, City Planner  AM    Bountiful City Planning Commission Minutes September 4, 2018 6:301 P.M.  Present:  Chair- - Sean Monson; Planning Commission Members - Jesse Bell, Jim Clark, Tom Smith and Sharon Spratley; City Council Representation - Richard Higginson; City Attorney - Clint Drake; City Planner - Chad Wilkinson; Asst City Planner- - Curtis Poole; Asst. City Engineer- -  Lloyd Cheney; and Recording Secretary - Darlene Baetz Vice Chair - Von Hill; City Engineer - Paul Rowland  Excused:  1. Welcome and Introductions.  Chair Monson opened the meeting at 6:30 pm and welcomed all those present.  2. Approval of the minutes for August 14, 2018.  Jim Clark made a motion to approve the minutes for August 14, 2018 as written. Higginson, Monson, and Spratley voting aye with Bell and Smith abstaining. 83/85 North 300 East, 276/278 East 100 North, Brad F. Hutchings, applicant. Brad Hutchings was present. Lloyd Cheney: presented the staff report.  Sharon Spratley seconded the motion. Voting passed 4-0-2 with Commission members Clark, 3. Consider preliminary and final P.U.D. approval for Midtown Townhomes P.U.D. located at  Mr. Brad Hutchings, owner of two duplexes at the corner of 300 East and 100 North is requesting preliminary and final PUD conversion approval for these four units. This is an existing two-twin- home style apartment development which is now requesting to be condominiumized for ownership purposes. This type of conversion is allowed under the Bountiful City zoning ordinance for This development met the requirements for parking and landscaping when it was granted site plan approval and has continued as a legal four unit apartment development ever since. The Bountiful City Zoning Ordinance provides that "any legally existing multi-family development..that does not have vertically stacked units may be platted as a PUD development regardless of whether or not it was developed under current or previous iterations of the Planned Development Overlay Zone". One of the requirements for conversion is that the development must have at least 4 units, which this proposal Recommend preliminary and final PUD plat approval for the Midtown Townhomes PUD with the  developments with four or more units.  meets.  following conditions:  1. Submit a current Title Report. 2. Make any and all other redline corrections. 3. Pay the required fees.  Bountiful City Planning Commission Minutes - September 4, 2018  Page Iof3    Richard Higginson made a motion that the Planning Commission forward to the City Council a recommendation of approval for preliminary and final PUD Plat located at 83 N3 300 East with the 3 Sharon Spratley seconded the motion. Voting passed 6-0 with Commission members Bell, Clark, 4. Consider final site plan approval for a 12-unit multi-family development located at 105 South  conditions outlined by staff.  Higginson, Monson, Smith and Spratley voting aye. 100 West, Brian Knowlton, applicant.  Brian Knowlton was present. Chad Wilkinson presented the staffi report.  The applicant, Knowlton General, requests final site plan approval for a 12 unit multifamily development located at 105 S 100 West. Thej property is located within thel DN (Downtown) zone. The project received preliminary site plan review from the Planning Commission on August 14 and preliminary approval from the City Council on August 28. There were no significant changes required as a part of the preliminary approval. The applicant has submitted final landscape plans for the development in order to comply with previous conditions of approval. As discussed in the previous review, the development of the building requires the use of parking located on the adjacent parcel. Therefore, a condition of approval has been included that requires either the parcels be combined or that an easement or agreement for shared parking be recorded on the property to the south and east. The development is occurring in an area with urban levels ofi infrastructure already in place. Impacts from the development ofthis property have been anticipated in the design of the existing storm water, Staff recommends that the Planning Commission forward a recommendation of approval to the City Council for final site plan review for the proposed 12 unit multifamily building subject to the 1. Prior to issuance of the building permit, either consolidate the parcels or provide a shared parking Sharon Spratley made a motion that the Planning Commission forward to the City Council a recommendation of approval for final site plan fora12-unit multr-famlydevclopment located at 105 Tom Smith seconded the motion. Voting passed 6-0 with Commission members Bell, Clark, 5. Consider the approval of the Findings of Fact for the denial of a variance to section 14-4-105J. 2.b. to allow for the building footprint of accessory structures to exceed 15 % of the lot or parcel Jim Clark made a motion to approve the Findings of Fact for the denial to allow for the building  sewer, and water and transportation system.  following conditions:  and access agreement or easement in favor of the new development.  South 100 West with the 1 condition outlined by staff. Higginson, Monson, Smith and Spratley voting aye.  area located at 146 W 100 South, Jan Rawlins, applicant.  Bountiful City Planning Commission Minutes- - September 4, 2018  Page 2of3    footprint of accessory structures to exceed 15 % oft the lot or parcel area located at 146 W 100 South, Sharon Spratley seconded the motion. Voting passed 6-0 with Bell, Clark, Higginson, Monson, Smith  Jan Rawlins.  and Spratley voting aye.  6. Planning Director's report, review of pending applications and miscellaneous business.  1. Next Planning Commission meeting will be discussing Accessory Dwelling Units - September 18,  2018.  2. Utah APA meeting will bel held at. Jordan Commons on October 4 and 5, 2018.  Chair Monson ascertained there were no other items to discuss. The meeting was adjourned at 6:39  p.m.  Chad Wilkinson, Bountiful City Planner  Bountiful City Planning Commission Minutes - September 4, 2018  Page3of3    Item #3  Commission Staff Report  Subject: Pablicltarinç-Proposed Amendment to Section 14-14-124 and Chapter 3: Definitions related to Accessory Dwelling Units  Applicant: Bountiful City Author: Chad Wilkinson, Planning Director Date: September 18, 2018 Description of Request  BOUNTIFUL EST.1847  Consider an amendment to Section 14-14-124 Related to accessory dwelling units. Specifically consider an amendment to the residency requirements of the ordinance and other changes to  clarify owner occupancy provisions. Background and Analysis  The City Council has directed stafft to bring forward changes to the accessory dwelling unit (ADU) ordinance for review. Specifically, the Council has asked staff to consider changes to the code to allow for non-relatives to occupy an accessory unit. Current code restricts occupants of an ADU to' "members oft the immediate family oft the principal owner-occupants of the dwelling and shall bel limited only tol legal dependents, children, parents, siblings, grandchildren, and The City has enforced this restriction by requiring the owner to obtain a conditional use permit and sign a deed restriction acknowledging the standards for ADU's and recording the restriction against the property. Other than these requirements, the City has no way of knowing whether an ADU is rented to a non-relative once the use has been approved. The relative requirement was placed as a way tol limit the number of accessory units in the City and to mitigate conflicts and potential complaints related to these units. Ini reality the City receives very few complaints about permitted ADU's because of the owner occupancy requirement. The City currently implicitly requires that the owner oft thej property live in the principal unit. However, the owner occupancy requirement could be made clearer. In addition to allowing non-relatives to occupy an ADU,itis A few other issues that are worth clarifying in the ADU standards relate to parking and the size and design of an ADU. Ini relation toj parking, it is recommended that the parking standards be modified slightly to clarify that all occupant vehicles must be accommodated off-street. This may restrict some properties from having an accessory unit. However, this is the primary complaint from neighboring property owners related to accessory units. Iti is suggested that a change to clarify that a second entrance which is visible from the front or exterior side yard is not allowed One other issue that has created difficulty with past accessory units, particularly attached units, is the overall size oft the unit. Currently accessory units arel limited to 25 percent of the total square footage oft the primary dwelling structure. Most often, attached accessory units are located in the basement ofal home. Most ofthese attached units are designed to occupy the majority of the  grandparents."  recommended that the owner occupancy requirements be clarified.  also be included in the revised ordinance.    basement area with the principal unit being upstairs. Limiting the unit to 25 percent oft the primary dwelling structure usually results in a unit that can only occupy half oft the basement. This often creates difficulty since a unit may be on the opposite side ofthel home from an access doorway or staircase. Iti is suggested that increasing the allowed size to 40 percent of the total  square footage oft the structure will take care ofthis issue.  Department Review Manager. Significant Impacts  This item has been reviewed by the City Planner, City Engineer, the City Attorney, and City  Accessory dwelling units are an effective way toj provide additional affordable housing in Bountiful City. Many oft the impacts from accessory dwelling units have already been anticipated in the existing ordinance. A few changes have been suggested to address issues such as parking, clarifying owner occupancy provisions and increasing the allowed square footage of the units in order to improve the ability for stafft to effectively administer the ordinance.  Recommendation  Staff recommends that the Planning Commission forward ai recommendation of Approval for the  attached changes to the Accessory Dwelling Unit ordinance.  Attachments  1.P Proposed text Amendment  GAPIAM/Pamming(ommisom.ORDINANCE2018VAceory Dwelling Units 2018/PCS Staff Report Accesory Dwelling Unit Changes 9-18-  18.docx    14-3-102 4.  ACCESSORY DWELLING UNIT (also "Accessory In-Law Apartment"): A self- contained dwelling unit within an owner occupied single-family residence or located on an owner occupied property that is either incorporated within the single-familyn residence ori in a detached building which maintains complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation including a separate kitchen and/or laundryf B-ymaaNe same-properyasapmmepaldwelngamsocoupedbyerealvedrealvelalves(as-delne)  OHRe-pmnepal-oceupanto-nepandwelig.  14-14-124 ACCESSORY DWELLING UNIT  A.  Purpose:  The city recognizes that accessory dwelling units (ADUS) in single-family residential zones can be an important tool int the overall housing plan for the city. The purposes of the ADU 1.Allow opportunities for property owners to provide social or personal support for family  standards of this code are to:  members where independent living is desirable; 2. Provide for affordable housing opportunities; difficulty finding homes within the city;  3. Make housing units available to moderate income people who might otherwise have 4. Provide opportunities for additional income to offset rising housing costs;  5. Develop housing units in single-family neighborhoods that are appropriate for people at a 6.Preserve the character of single-family neighborhoods by providing standards governing  variety of stages ini the life cycle; and development of ADUS.  A-B. Ana accessory dwelling unit shall only be approved as a conditional use.  B.C. An accessory dwelling unit shall not be approved, and shall be deemed unlawful, unless  itmeets all of the following criteria:  1.  An accessory dwelling unit shall be conditionally permitted only within a single- family residential zone, and shall not be permitted in any other zone. 2. Itis unlawful to allow, construct, or reside in an accessory dwelling unit within a  duplex or multi-family residential building or property.  3.  Iti is unlawful to reside in, or allow to reside in, an accessory dwelling unit that has not received a conditional use permit or without written authorization from the    Bountiful City Planning Department.  4. Ar maximum of one (1) accessory dwelling unit shall be permitted as a conditional  use on any lot or parcel in a single-family zone.  5.  Iti is unlawful to construct, locate, or otherwise situate an accessory dwelling unit on a lot or parcel of land that does not contain al habitable single-family dwelling. 6. A deed restriction limiting the use of a property to a single-family use, prepared and signed by the Bountiful City Planning Director and all owners of the property on which an accessory dwelling unit is located, shall be recorded with the Davis County Recorder's Office prior to occupancy oft the accessory dwelling unit. Ifa building permit is required, then said deed restriction shall be recorded prior to 6.7. The property owner, which shall include titleholders and contract purchasers, must occupy either the principal unit or the ADU, but not both, as their permanent residence and at no time receive rent for the owner occupied unit. Application for an ADU shall include proof of owner occupancy as evidenced by voter registration, vehicle registration, driver's license, county assessor records ors similar means. Fheselnatreside-nineacpessoydwelinguntehalbemembersofthe mmediate-amiy-/inepmncpalowner-occupantSOFne-dwelngng-and-shallbe mited-only-te-legal-dependents,chidren-parents,sibings-gransehidren,and  issuance oft the building permit.  7.  grandparents.  8.  Separate utility service connections shall not be allowed.  9. Any property and any structure that contains an approved accessory dwelling unit shall be designed and maintained in such a manner that the property maintains the appearance of a single-family residential use. A separate entrance tot the ADU shall not be allowed on the front or corner lot side yard. Any separate entrance shall be located to the side or rear of the principal residence. 10. Iti is unlawful to construct an accessory dwelling unit, or to modify a structure to include an accessory dwelling unit, without a building permit and a conditional 11. Adequate off-street parking shall be provided for both the primary residential use and the accessory dwelling unit, and any driveway and parking area shall be in compliance with this Title. In no case shall fewer than four (4)total off street parking spaces be provided with at least 2 oft the spaces provided in a garage. Any additional occupant vehicles shall be parked off-street in City Code compliant parking areas.  use permit.  G-D. An attached accessory dwelling unit shall be deemed unlawful and shall not be occupied  unless all of the following criteria are met:    1. 2. 3. 4.  Shall not exceed-occupy more than twenty-fiveforty percent (2540%) of the total  floor area square footage of the primary dwelling structure, Shall not exceed five percent (5%) of the buildable land of the lot, Shall be at least three hundred fifty (350) sq ft in size,  Shall meet all oft the requirements of the International Building Code relating to  dwelling units,  5.  An attached accessory dwelling unit shall meet all of the required setbacks fora a  primary dwelling.  6.  Shall not have a room used for sleeping smaller than one hundred twenty (120)  square feet, exclusive of any closet or other space,  7.  FnewRershaleersncionen-epopetysainngthatineuseat heproperyslorasnge-amydwalng,aRdHnaHmeaPesssory-dwellngunt chalkonlybeusedinasendancewihihepeowsionsofle-Beuntifu-ChyLand  Use-Ordinance-as-itmay-be-amended-rom-time-to-time:  D-E. A detached accessory dwelling unit shall meet all of the above criteria, plus the  following: 1. 2. 3.  Shall require a conditional use permit, reviewed and approved by the Bountiful Shall not be located on a lot with less than eight thousand (8,000) square feet Shall be configured sO that any exterior doors, stairs, windows, or similar features are located as far away from-a adjoining properties as is reasonably possible to Shall meet all of the setbacks required of a detached accessory structure  City Administrative Committee.  buildable land.  provide privacy to those properties. requiring a conditional use permit.  4.    Item # 4  Commission Staff Report  Item:  PUBLIC HEARING - Request for a variance to allow for encroachments on slopes exceeding 30 percent and to allow for cuts and fills and retaining walls  greater than 10 feet in height. 1581 Stone Hollow Drive Chad Wilkinson, Planning Director September 18, 2018  BOUNTIFUL EST.1892  Address: Author: Date:  Description of Request  The applicant, William Low, has requested a variance to allow for encroachments on slopes greater than 30 percent and for cuts and fills and retaining walls greater than 10 feet in height for the property located at 1581 Stone Hollow Drive int the R-F (Residential Foothill) zone. The proposed variance would allow for construction ofa a new home on the site.  Authority  Section 14-2-111 authorizes the Planning Commission 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 feeti in height.  Background and Analysis:  The application for variance is submitted in conjunction with a proposal forai new residence. The loti is over 19 acres in size and the proposed development is located predominantly on slopes that are less than 30 percent. The application does include some encroachments on slopes greater than 30 percent and cuts and fills and retaining walls greater than 10 feet in height in order to accommodate the driveway accessing the new home. These areas are limited toi isolated patches of 30 percent slope crossed by the driveway and to some retaining walls built around the perimeter of the home.  Variance Findings  Utah Code 10-9a-702 establishes the criteria for review ofa variance request. In order to () 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  grant a variance each oft the following criteria must be met:  ordinances;  StaffResponse: The Purposes and Objectives" section of the Residential Foothill standards recognizes the need for some flexibility in administering the hillside protection standards of the Code. The Code also states that the encroachments should be the minimum necessary to allow for reasonable development oft the property. The proposed    design does a good job ofl keeping the home and improvements out oft the steepest areas of thel loti in favor of areas ofl less than 30 percent slope. The small encroachments in 30 percent areas havel been kept to a minimum. The design has also made every effort to limit cuts and fills and retaining walls tol less than 10 feet in height. With a few changes outlined in the attached annotated site plan the variance will be the minimum necessary to allow the (ii) There are: special circumstances attached to the property that do not generally apply Staff Response: Unlike many undeveloped properties in the R-F Zone, the lot has a large portion (which is several acres in size) that isl less than 30 percent slope. The challenge comes in accessing in the buildable areas without encroachments into 30 percent slope areas. The lot has a few small pockets of3 30 percent slope that the development plan has tried to avoid to the extent possible and has limited heights ofr retaining walls and cuts and (iii) Granting the variance ise essential to the emjopmentofasubstantial property right Staff Response: There are a few areas ofencroachment shown on the plan that are not necessary to develop thej proposed home. The attached annotated site plan includes al limit ofdisturbance that constitutes a reasonable disturbance oft the lot in order to building the (iv) The variance will not: substantially affect the general plan and will not be contrary to Staff! Response: For the most part the design has avoided encroachments into 30 percent slopes. With a few modifications as shown on the annotated site plan, the variance is consistent with the general plan and the Code which limits disturbances in steep slope areas to the minimum necessary to provide for reasonable development oft the property. (v) The. spirit of the land use ordinance is observed and. substantial justice done Staff Response: The purpose oft the land use ordinance that requires improvements be located on slopes less than 30 percent is to preserve the hills and manage runoff and erosion on properties located in the foothills. The Codea anticipates that there are existing lots with special circumstances and that the variance process provides a way for those lots to be developed. However, Section 14-4-101 of the Code also stipulates that the alteration ofs sensitive lands should be the minimum necessary to allow for reasonable use ofthe property. As proposed, the area of disturbance includes impacts to areas that are not required in order to construct the desired home. Iti is recommended that the approval of the variance should be contingent on thel limit of disturbance indicated on the annotated  proposed development.  too other properties in the same zone;  fills in order to make use oft the buildable areas.  possessed by other property in the. same zone;  proposed home.  the public interest;  site plan.    Department Review City Planner, City Engineer Recommended Action  Based on analysis oft the required review criteria from State law included in the findings above and the materials submitted by the applicant, staff recommends that the Planning  Commission approve the variance with the following condition:  1. The disturbance oft the property shall bel limited to areas within the "Limit of Disturbance" noted on the annotated site plan in order to retain as much native vegetation as possible and to minimize impacts on slope  areas.  Attachments 1. Aerial Photo 2. Applicant's Narrative 3. Proposed Plan 4. Annotated Site Plan    Aerial Photo-1581 Stone Hollow Drive  Google Earth    Durlene Baetz From: Sent: To: Subject: Attachments:  Josh Arrington yosn@upwaldesgncom> Tuesday, September 04, 201810:25AM Darlene Baetz Re: Low Variance. Application low variance.pdf  Here is the narrative from the engineer, Ibelieve het touched on all the points but I will lay them outl here. i) Due to the fire marshall's requirement that wel have a fire truck turn around at the end oft the driveway and the requirement to stay out of 30% grades, this makes it impossible tol build the driveway with less that 10' Cutor ii) This lot is steeper than most and the buildable area is further up on site requiring al longer driveway to reach. ii) Granting this variance is essential tol being able to develop a home on this lot as iti is currently not possible to iv) The impact will bei minimal since the main area that that will be affected is behind the home and not visible v) the spirit oft the land use ordinance is observed as the these areas are strictly for the drive access and not for  fill.  get the driveway where it needs to go without the variance.  to the public. landscape grading.  Let me. know if you need anything else.  On Tue, Sep 4, 2018 at 8:30 AM Darlene Baetz <dbaetz@bountifulutah.gov wrote:  Hey. Josh - We: still need the responses for the 5 state criteria today.  Thanks,  Darlene  From: Darlene Baetz To: Josh Arrington'  Sent: Wednesday, August 29, 2018 11:25 AM Subject: RE: Low Variance Application  Thanks - Lloyd has them.  From: Josh Arrington mato,gneupaksgncm Sent: Wednesday, August 29, 2018 11:09 AM Subject: Re: Low Variance Application  To: Darlene Baetz    Intelligent Engineering Innovative. Solutions  August 28, 2018 Re: Low Residence To whom it may concern:  The owners ofthe lot are requesting a variance from Bountiful City Ordinance 14-4-117 dealing with the cuts and fills from existing ground over ten feet. There are some areas in which the ordinance could not be followed completely. We are using the driveway slopes which are necessary to get to the area for the house. The driveway needs to be long enough to get to the required elevation for the house. This causes the driveway tol have some fills over ten feet in one area. The upper driveway has cuts over ten feet because the Fire Marshall requiresa turnaround large enough for his emergency vehicles which pushed the driveway into the hill to the East. We have done our best to mitigate and minimize the areas that do not comply and hope that you find what we have done to be  Entellus I8IN N.: 200 West. Suite4 Bountiful, UT 84010 Tet-t.98.2236 Faxgis 293.5443 Web wwsantelsscom Sincerely,  acceptable.  Scott T. Argyle. P.E.    snpalug  I 72AIN308 ZuNdNOTIOI ZNOISIESI 3ON3GISTH, MO7    snialus  IIS 714IN0 ua. HOTION ZNOISINST 3N3dIS3HA MOT  ESLE LS    snpajug  MYIS ZUNG 3ONIGIS3H M07  96S6ET-  9    snielug  KLS 71411N201 Zua. INOISIESI 3DN3AISIN.MOT  amg  35  9656ET-  R    sniajua  YLIS 3ua. 3ON3CISIHA A07  100.5 TOPROPERTYLNE  00  ozbg!  €    a: LENODS "MALNION 21s4. IESI 3ON3dISIH M07  cix