BOUNTIFUL CITY Tuesday, July 17, 2018 6:30 p.m.  PLANNING COMMISSION AGENDA  NOTICE IS HEREBY GIVEN that the Bountiful City Planning Commission will hold a meeting in the Conference Room at 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 June 19,2018. 5001 West, Jeff Beck, applicant.  3. Consider preliminary and final plat approval for 5th West Flex Offices located at 1051 S 4. Consider preliminary and final subdivision approval for Hayward Subdivision located at 5. PUBLIC HEARING - Consider approval for a sideyard setback and lot width variance in conjunction with an application for subdivision located at 306 W 400 North, Rafael 6. PUBLIC HEARING- Consider a Zoning Text Amendment to allow for private schools in the DN (Downtown) zoning district, Jill Thompson representing Liberty Hills 7. Planning Director's report, review of pending applications and miscellaneous business.  153 S3 300 East, Robert Zesiger, applicant.  Chavez. Jr, applicant.  Academy, applicant.  Chad Wilkinson, City Planner AIR    Bountiful City Planning Commission Minutes June 19,2018 6:30 P.M.  Present:  Vice Chair - Von Hill; Planning Commission Members - Jesse Bell, Jim Clark, and Sharon Spratley; City Council Representation - Richard Higginson; City Attorney - Clint Drake; City Planner - Chad Wilkinson; Asst City Engineer - Lloyd Cheney; and Recording Secretary Chair - Sean Monson; Planning Commission Member - Tom Smith; City Engineer - Paul  Julie Holmgren Rowland;  Excused:  1. Welcome and Introductions.  Vice Chair Hill opened the meeting at 6:30 pm and welcomed all those present.  2. Approval of the minutes for June 5, 2018.  Jim Clark made a motion to approve the minutes for. June 5, 2018 as written.  Richard Higginson seconded the motion. Voting passed 5-0 with Commission members Bell, Clark, 3. Consider approval of Findings of Fact for denial of a variance to allow for fence height in the front yard setback. The property is located at 99: S 400 East, Heather Mercer, applicant. Sharon. Spratley made a motion to approve the Findings of Fact for denial of a variance to allow for Richard Higginson seconded the motion. Voting passed 5-0 with Commission members Bell, Clark, Mr. Wilkinson explained that the Findings of Fact would accompany an explanation of the appeal 4. Consider approval of Findings of Fact for approval of a variance to allow for paving in a corner lot side yard not providing direct access to a garage or carport. The property is located at 1091 Mr. Wilkinson explained that this item was not considered as a direct access to the garage because the applicants had not agreed to close the north driveway. The variance process was needed to be Jim Clark made a motion to approve the Findings of Fact for approval of a Variance to allow for paving in a corner lot side yard not providing direct access to a garage or carport located at 1091 S  Higginson, Hill, and Spratley voting aye.  fence height in the front yard setback located at 99S4 400 East as written.  Higginson, Hill, and Spratley voting aye.  rights for this item.  SI Main St, Oscar and Farrah Valdez, applicants.  consistent with other inquiries from Bountiful residents.  Main St as written.  Bountiful City Planning Commission Minutes - June 5, 2018  Page lof4    Jesse Bell seconded the motion. Voting passed 5-0 with Commission members Bell, Clark, 5. Consider an amendment to the approved site plan for Mike & Sterling's Flooring America, located at 540 N 500 West, Michael Watkins, applicant. The proposed amendment includes replacement of a masonry trash enclosure with a larger fence enclosure and elimination of3  Higginson, Hill, and Spratley voting aye.  parking spaces.  Michael Watkins was present. Chad Wilkinson presented the staffreport.  The applicant, Mike and Sterling's Flooring America, is requesting an amended site plan approval for their building at 540 N 500 West. The property is located within the C-H (Heavy Commercial) zone. The proposed amendment is to construct a new larger trash enclosure on the rear of the building that would eliminate three (3) of the existing parking spaces on site. The proposed trash enclosure would consist of chain link with slats as shown in the photo submitted with the applicant's submittal. The site plan for the property was approved as part of the Silver Creek Business Park in 2008 with subsequent modifications in 2010. The Silver Creek Business Park encompasses several parcels which share parking and circulation area. The subject property serves as one of the vehicle access points to the State Liquor Store which occupies the property to the east (rear) of the building. When the plan was originally approved a masonry trash enclosure was included and constructed. A photo of that trash enclosure is included with this report. This trash enclosure has proven to be too small and the applicant has removed the enclosure and brought in two large dumpsters to meet the waste disposal needs oft the carpet store. Since these dumpsters exceed the original size for the trash enclosure, a new enclosure needs to be constructed. The applicant has indicated that an additional reason to enclose the Section 14-14-111 requires that outdoor refuse containers be completely encompassed by a solid enclosure that is "architecturally compatible with the main structure(s), equipped with a solid barrier access gate and located on a paved surface." While the Code does not specify a certain material for trash enclosures it does call for a finding that the enclosure is architecturally compatible with the main structure. The original approved trash enclosure consisted of solid masonry walls which was compatible in color and materials to the main building. The proposed enclosure consisting of chain link and slats is not consistent with that original approval or the other trash enclosures on site. In addition, because of the design of the business park, the trash enclosure is highly visible and faces the front entrance of the liquor store building. Therefore a more architecturally compatible enclosure consisting of masonry materials of a consistent type and color to those on the main building is more appropriate. The recommended conditions of approval include a requirement that the enclosure be constructed of masonry material architecturally compatible with the main structure. It should be noted that an enclosure is required for these dumpsters and that continuing to maintain the dumpsters on site The proposal will remove three parking spaces originally approved as a part of the site plan review. Based on the current uses and building square footages, the site has sufficient parking to eliminate the 3 spaces without falling below minimum parking requirements. Parking for the development was originally calculated using the entire Silver Creek Business Park. The last time parking was calculated for the entire development with the construction of the Integrated Wellness building, a total of 137 spaces were required for the development. With the reduction of the 3 spaces the development would  dumpsters is a desire to keep others from putting garbage into the dumpsters.  without an enclosure is not an option.  Bountiful City Planning Commission, Minutes - June 5, 2018  Page 2of4    still have 142 spaces which still exceeds the minimum required spaces for the site.  The proposal appears to partially encroach on an existing waterway on the east of the building. This waterway serves as a component of the on-site storm drain system and must not be blocked by the enclosure. Any approved plan must ensure that the enclosure is not located within the waterway. Staff recommends that the Planning Commission forward to the City Council a recommendation of approval for proposed amendment to the site plan for the revised trash enclosure subject to the 1. The trash enclosure shall be constructed of a solid masonry material compatible in color and 3. The proposed trash enclosure shall not encroach on the existing waterway on the east of the Mr. Watkins stated that the current problem of other people using and filling the dumpster. His business started with one dumpster but has at to then is unable to use the filled dumpster. The business has been working with dumpster companies for possible resolutions and would like to have There was discussion between Commission members, staff and the applicant about the waterway and the best possible materials that could be used for this project, whether it be masonry, chain link, steel Mr. Clark discussed the possibility for a small business owner to have the flexibility to choose the Richard Higginson made a motion that the Planning Commission forward to the City Council a recommendation of approval for an amendment to the approved site plan for Mike & Sterling's Flooring America, located at 540N5001 West with the three conditions outlined by staff. Sharon Spratley seconded the motion. Voting passed 5-0 with Bell, Clark, Higginson, Hill, and 6. Consider preliminary and final subdivision approval for Slagwood Subdivision located at 371 N  following conditions:  materials with the existing building.  2. The applicant shall obtain al building permit for the proposed enclosure.  building.  one dumpster in the trash enclosure.  or wood walls for the enclosure. materials that they would like to use.  Spratley voting aye.  800 East, Bountiful City, applicant. Lloyd Cheney presented the staffi report.  Bountiful City is requesting preliminary and final approval of the Slagwood Subdivision. This one lot subdivision is for the property previously occupied by the Eckman Reservoir at 371 N. 800 East. The reservoir has been removed and filled with an engineered fill and the parcel is ready for the The property, located at 371 No. 800 East contains 0.362 acres including the west half of 800 East Street. This subdivision plat is needed SO that the portion of the street included in the property deed can be dedicated to the city, and to create the easements necessary to cover existing utilities. In  construction ofa single family home.  Bountiful City Planning Commission Minutes - June 5, 2018  Page 3 of4    addition to the regular utility easements, the plat also provides an easement for Stone Creek, which runs just slightly off the property along the south property line. After the road dedication, the remaining Lot 1 contains 12,355 sq. ft. with just under 115 ft. of frontage. Both ofthese dimensions The water and sewer services for the lot will be connected to the main lines in 800 East Street. The power, phone, and cable lines are all overhead in the area and already serve the existing lot. New sidewalk and curb & gutter is being installed by the City as a result of the damage that occurred Richard Higginson made a motion that the Planning Commission forward to the City Council a recommendation of approval for a preliminary and final subdivision approval for Slagwood Sharon Spratley seconded the motion. Voting passed 5-0 with Bell, Clark, Higginson, Hill, and  exceed the minimum requirements for lots in the R-4 Zone.  during the demolition oft the tank.  Subdivision located at 371 N 800 East.  Spratley voting aye.  7. Planning Director's report, review of pending applications and miscellaneous business.  1. Next Planning Commission meeting - July, 17, 2018. 2. Available training for League of Cities and Towns.  Chair Monson ascertained there were no other items to discuss. The meeting was adjourned at 7:17  p.m.  Chad Wilkinson, Bountiful City Planner  Bountiful City Planning Commission Minutes June 5, 2018  Page 4of4    Commission Staff Report  Item #3  Subject: Author: Date:  Preliminary and Final Plat approval for the 5th West Flex Office Condominiums Chad Wilkinson, City Planner Paul Rowland, City Engineer July 17, 2018  Address: 1051 South 500 West Background and Analysis  BOUNTIFUL EST.1847  Mr. Jeff Beck, applicant, requests preliminary and final plat approval for the 5th West Flex Office Condominiums, which encompasses the recently constructed commercial building at 1051 S. 500 West. The building is located on Lot 1 of the 5th West Office Park Commercial Subdivision and already exists as a commercial structure. The building meets all of the requirements that were in place at the time of the original commercial subdivision approval and this change is solely for the purpose of producing acondominium plat of this lot sO that the individual units can be sold independently. The Engineering and Planning Department have reviewed the proposed condominium plat and recommend that it be approved with some minor redline corrections.  Department Review Planning Department. Recommendation  The proposed preliminary plat has been reviewed by the Engineering Department and  Recommend preliminary and final plat approval for the 5th West Flex Office 1. Submit the signed, final mylar ready for utility signatures.  Condominiums, with the following conditions:  2. Submit a current title report. 3. Payment of fees Significant Impacts  This subdivision amendment has no significant impacts.  Attachments 1. Aerial photo  GAENC/Comdomintumisan West Flex Condominiums, July 2018/PCI Prelim: and Final Condol Plat 5th West Flex Condominiuts.docx    2.  Proposed Condominium Plat  5th West Flex Office Condominiums  -  L  ja  89  CEDEOE  00 ED08FEPBBRBODE a  6 GESELRT  W 1050  GAENG/Comdomimiumstsin West Flex Condominiums, July 2018/PC Prelim: and Final Condo Plat 5th West Flex Condominiuts.docx    Sisoads  bmp3 10ld "ACMIVSNTSVEE SOGNOD x31 M038d    bmpoid PGOVSMPEVEE SOGNOO x31:    Commission Staff Report  Item 4  Subject: Address: Author: Date:  Preliminary and Final Subdivision Approval for the  Hayward Subdivision 153 South 300 East St. City Engineer, City Planner July 17,2018  BOUNTIFUL EST.1847  Department: Engineering, Planning  Background  Mr. Robert Zesiger is requesting preliminary and final approval of the Hayward Subdivision. This two lot subdivision proposes to split the existing residential property at 153 South 300 East Street. The property is currently occupied by a single home with an attached garage which will  end up on one oft the two proposed lots.  Analysis  The property at 111 and 153 So. 300 East contains 0.524 acres and is located in Plat A of the original Bountiful Townnsite Survey. This division creates two lots, one containing 13,982 sf. and the other containing 8,842 sf., both of which are larger than the required minimum lot size for the zone. Both lots also have more than the required frontage for lots in the R-4 Zone. All utilities are already serving the corner lot. The water and sewer services for the south lot will be connected to the main lines in 300 East Street. The power, phone, and cable lines are all overhead in the area and already serve the existing lot. Some modifications to the existing power poles and lines will need to be made in order to accommodate al home on the new lot.  Department Review  The proposed preliminary and final plats have been reviewed by the Engineering Department and Planning Department, and the proposed plat has been given a complete technical review  by the Engineering Department. Recommendation conditions: 1. 2. 3.  Recommend preliminary and final approval of the Hayward Subdivision with the following  Provide a current title report. Make all necessary red line corrections. Pay all fees, including the Storm Water Impact Fee.    Significant Impacts None Attachments  1. Lovely Color Aerial photo showing the existing condition and proposed plats location;  2. A copy of the preliminary plat and final plat.  Aerial Photo of the Proposed Hayward Subdivision  GoogleEarth  lengupdw.sonayard 2005 and: 2018/2018pc preliminary andf final subdivision hayward subdivision, july 2018.docx    173AIS.ISPIOOF  F9ziz 1r. 7 5  LZIZ Butr.toal  1MIS.ISV3 00E    1333585   133B.LS.ISP3 00t  ZIZ  TIES 3.tr.2O.OON  133HIS.ISVIO0E    Item #5  Commission Staff Report  Item:  PUBLIC HEARING - Request for a variance in order to allow the property tol be subdivided without meeting the minimum corner lot setback and width  BOUNTIFUL EST.1892  requirements. July 17, 2018  Address: 306 West 400 North  Author: Date:  Curtis Poole, Assistant Planner  Description of Request  The applicants, Rafael Chavez Jr. and Nathan Polatis, have requested a variance to allow the property to be subdivided without meeting the minimum corner lot setback and width requirements. The property is located in thel R-4 zoning district. The applicants would like to subdivide the properties of306 West and 292 West to create ai third property to the north.  Authority  Section 14-2-111 authorizes the Planning Commission as the review body for variance  requests related to driveways. Appeal Procedure  Bountiful City Land Use Ordinance section 14-2-108 states that an applicant, board or officer oft the City, or any person adversely affected by a Land Use Authority's decision administering ori interpreting al 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 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 relief thati it can raise in District Court.  Background and Analysis:  The applicants have requested a variance to allow for subdivision of the property without meeting the current corner lot set back requirements in the R-4 zone. The existing home is 17 feet from 325 West. The home was constructed in 1902. In 1984 Meadow Brook. Acres Plat B was approved to the north of the property. In addition to the plat approval 325 West was expanded which explains the current setback of17 feet oft the home. The need for the variance arises from the location oft the existing home. Section 14-4-105 C: states thata corner lot side yard setback shall not bel less than twenty (20) feet..." Because oft the expansion of325 West which caused the home to become non-compliant a variance is needed. In addition to the issues related to the required setback, the lot does not meet the    minimum width standard of the R-4 ordinance. The property is currently approximately 58 feet wide and the resulting Lot 10 ofthe proposed subdivision would maintain that lot width. The minimum lot width for a corner loti in the R-4 zone is 80 feet (ten feet wider than an interior lot). The resulting lot will be approximately 22 feet narrower than the minimum lot size. Section 14-2-404 A stated that a nonconformity shall not be changed except in conformance with the provision ofthe land use ordinance. Therefore in order to modify the property a variance must be obtained for the lot width standard.  Variance Findings  Utah Code 10-9a-702 establishes the criteria for review ofa 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 oft the following criteria must be met:  ordinances;  Staff Response: The existing home was constructed in 1902 prior to the expansion of 325 West. In order for thel home to become compliant with the setback three feet oft the home along 325 west would need tol be removed which would cause an unreasonable hardship for the property owner. The construction of 325 West also impacted thel lot width. Therefore, the applicants' request fora variance to thel lot standards is a reasonable  request.  (i) There are: special circumstances attached to the property that do not generally apply  to other properties in the same. zone;  Staff Response:  Based on the Meadow Brook Acres Plat B approval and subsequent  expansion of325 West the property became nonconforming in the current R-4 zone. Other properties ini the R-4 zone usually are constructed after the road improvements have been made which would cause them to follow the: zoning setback and lot width requirements. Based upon the fact that the home was constructed prior to the expansion of325 West results in a circumstance (iii) Granting the variance is essential to the enjoymento ofasubstantial property right Staff Response: Approval ofa a variance will allow the property owner the ability to continue to enjoy access to a legal nonconforming home and property in the R-4: zone. The need from the variance arises from a condition that was not created by the applicants ora previous property owner buti instead was created by the construction of 325 West. (iv) The variance will not: substantially affect the general plan and will not be contrary to Staff Response: Allowing thel home to continue in its current location will not affect either the  that generally does not apply to other properties in the R-4zone.  possessed by other property in the same zone;  the public interest;    general plan or create aj public safety issue. Thej proposed Lot 1 will meet the minimum lot area requirement of 8,800 square feet and will continue to function as it has for years which is not (v) The. spirit oft the land use ordinance is observed and substantial justice done Staff Response: The spirit oft the land use ordinance is observed. The applicants will continue to enjoy the use oft the home that became noncontorming through no fault oft the  contrary to the public interest.  property owner. Department Review  This request has been reviewed by the City Planner, City Engineer, and City Attorney. Staffrecommends: approval oft the requested variance in order to allow the property to be subdivided without meeting the minimum corner lot setback andl lot width requirements of  Recommended Action the R-4zone. Attachments 1. Aerial Photo 2. Applicant's Narrative  Aerial Photo    This application pertains to the legally existing non-conforming lot located at 306 W4 400 N Bountiful, Utah 84010. The existing structure ont this lot was built in 1902 and as such has been Grandfathered" into current zoning laws. Thel home on 306 WI has a side yard setback, adjacent to 400 N, less than the required minimum side yard setback for a corner lot and the frontage of the property along 400 N is also  less than the required frontage for al loti in the R-4 zone.  The applicant is requesting a variance for the two non-conformities listed above.  Ifgranted, the variance will allow the applicant to proceed with a subdivision application taking small portions from the northern most part of 306' W and 292 W: and form a single-family residence lot with  frontage along 325 W (conceptual plan also included in pdf form). 1. What City Ordinance(s) do you want a variance from?  14-4-104(C) In accordance to 14-4-104 (E)  "Each corner lot shall meet the minimum width and frontage requirements along both street frontages."  "lti is unlawful to subdivide, modify, or otherwise create a residential lot that does not have the  minimum required width, except for legally existing non-conforming lots.  Current lot width on 400 N =5 57.75'  14-4-105 (C)  "On each corner lot or parcel ofl land, the side yard setback contiguous to the street shall not be less  than twenty (20) feet"  Current side yard adjacent to 325 W=17.1'  2. By Law, any government body granting a variance must find that the proposal meets, ALL of the  requirements of Utah Code. 10-9a-702 (below).  How does the proposed variance request meet all of these criteria?    The enforcement of the ordinance currently causes al hardship for the property owner's at 306 W and 292 W wherein the excess amount of land on both lots cannot be subdivided or  modified for other uses allowed under the zoning ordinances.  (ii) The home on this lot was constructed in 1902 and has since existed through many land use ordinances and setback requirements. In 1984 "Meadow Brook Acres Plat B" was recorded (included in pdf file) and included the extension of 325 W1 to 400 N. The encroachment of 325 W to the west property line oft the property has forced the property into a "legal non- conforming" state. The applicant believes that the existence of the structures on the property significantly before the addition of a public road is a special circumstance relevant  tot this application.  (ii) The ability to develop and beautify the remaining vacant land for other uses being enjoyed by property owners in the same zone is being restricted by the non-conforming state oft the  property.  (iv) Allowing this variance is in line with the general plan and public interest as it will allowi fora a use to be exercised under the R-4 zoning ordinance. The variance will not affect the physical appearance oft the property but allow for the boundary lot lines to be adjusted toa traditionally square lot complying with the minimum square footage for a corner loti in the R-4 Zone. It is believed that this will serve the public interest by alternatively creating a new  buildable lot fori investment into an aged community.  (v) All efforts are being taken by the applicant to follow the spirit of the land use ordinance by creating a new lot that conforms to all city ordinances without variance and by only requesting a continuance of the current legal non-conformance state of the structure given that no new construction nor variances are being created in the process of subdividing.    A3ANAS TIAD ON1H33NION3 VEdHEATIS  HVIN'AIDD 7J1INNO8 HINON 004 1S3M90E 3262 A183dOud 83WWI7d/NOSIOG  66-(108) 3NOHd vove NOLAVT 3LLT  -  1338IS ISZAI SZE    WOOPEMCAEAIEAMMN A3ANnS TAD ANIDNHIS  HVIN' 'ALID7 7H11NNO8 HIJONO 004 153M.90E9Z6Z ABPKAOWIMPnA/NOIOO  3NOHd 3LLT  ON/433NI9N3 MVdHEATIS  J33HIS ISIA O0E  S8T. OEET.OS  S 3  -  MICCEON  17THIS ISIA SZE  (68-SA). 133NIS. ISIH 00s    For Office Use Only  Date Rec'd (-2L-1B Application $ 2509 Zone.  BOUNTIFUL EST.1892  VARIANCE APPLICATION  Date of Submittal: June 26, 2018  306W400 N, Bountiful, UT 84010  Property Address: Applicant Name: Applicant Address: Applicant Phone #:  Rafael Chavez Jr 267 E Eagle 385-377-2020  Dr, North Salt  UT 84054  Ridge  Lake,  Applicant E-Mail: RESolutionsutah@gmail.com Authorization (Owner Signature): PHhnt  (Ifa applicant is not owner, applicant must submit notarized authorization from all property owners)  Nothon Polatis 208-844-0M6 Ahapel-ti@ynalicmn  Project Name and Description:  The project name is "Subdivision at 306 West 400 North". The project entails subdividing two parcels with single-family residences to create a legally conforming third SFR parcel.  Committee  Administrative Committee $50.00 (application fee) Planning Commission $250.00 (application fee) review by the Planning Commission. 10010 XO3HO munows VOTPESUE4I aumowH quawed ATO myTAunog  The Site Plan Review Committee will review complete applications prior to  00092 00'052  (0909) uoretiddy asn Pepartmentof Planning and Economic Development Wd6s-zo 8102/92/90 - auated 2000-P29600 790'sout 100 Phone East 801.298.6190 . Bountiful, Utah 84010  rereived n-2l-15  810Z - 0909 - SNOBURIIBDSTW    Plans need to include:  Bountiful City will prepare labels and mail out the notice to all property owners within three hundred feet (300') of the subject property boundaries based on the most recent **The fee for the preparation and mailing ofr notices has been added toi the application fee. Do not get labels from Davis County Recorders office, if you do, you will charged from Davis County Recorders office and Bountiful City will still charge the *Items heard by the Administrative Committee do not require mailing labels.  Davis County Tax Assessment records.  entire fee on page 1.  Plans needed for a site plan review, two (2) full sized, and one (1) 11x17 copy and one (1). .PDF file, of the proposed site plan drawn at 1:10 scale or as required by the AI north arrow, the scale of the drawing, and the date oft the drawing.  City Engineer and City Planner. A site plan shall include:  Street names and addresses. Property lines with dimensions.  All sidewalks, driveways, curbs and gutter, and parking areas.  All existing easements, rights-of-way, and any other restrictions on the use of Existing buildings, proposed buildings, and other significant features on the Existing buildings and significant features located on adjacent properties within When required by the City Planner or City Engineer, and for all new construction, a survey including both existing and proposed contours of the  the property. site.  501 feet (50) of the subject property boundaries land ati intervals of two feet (2) or better.  Typed responses to the following questions:  What City Ordinance(s) do you want a variance from?  By Law, any government body granting a variance must find that the proposal meets ALL of the requirements of Utah Code 10-9a-702 (below). How does the proposed variance request meet all of these criteria?    Excerpt - Utah Code 10-9a-702 Variances.  (1) Any person or entity desiring a waiver or modification oft the requirements of al land use ordinance as applied to a parcel of property that he owns, leases, ori in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the  terms oft the ordinance.  (2)  (a) The appeal authority may grant a variance only if:  () literal enforcement. oft the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use (i) there are special circumstances attached to the property that do not generally apply (ii) granting the variance is essential toi the enjoyment of a substantial property right (iv) the variance will not substantially affect the general plan and will not be contrary to (v) the spirit oft the land use ordinarce is observed and substantial justice done. () Inc determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find (A) is located on or associated with the property for which the variance is sought; (B) comes from circumstances peculiar to the property, not from conditions that are (i) Ind determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship ift the hardship is self-imposed or economic. (c) Ind determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the appeal authority mayi find that special circumstances exist (i) deprive the property of privileges granted to other properties in the: same zone. (3) The applicant shall bear the burden of proving that all of the conditions justifying a variance  ordinances;  to other properties in the same zone; possessed by other property in the same zone;  the public interest; and  (b) A  an unreasonable hardship unless the alleged hardship:  and  general to the neighborhood.  only ifi the special circumstances: () relate to the hardship complained of; and  have been met. (4) Variances run with the land,  (5) The appeal authority may not grant a use variance.  (6) In granting a variançe, the appeal authority may impose additional requirements on the  applicant that will:  (a) mitigate any harmful affects of the variance; or  (b) serve the purpose oft the standard or requirement that is waived or modified.    The application must be signed and notarized by each property owner ora authorized agent(s).  Property Owners Affidavit Lisa & Nathan Plummer  I( (we)  being first duly sworn, depose  and say that I (we) am (are) the current owner(s) of the property involved in this application: that! (we) have read the application and attached plans and other exhibits and are familiar with its contents; and that said contents are in all respects true and correct based upon my (our) personal  knowledge.  Owner's Signature State of Utah County of Davis  Owner's Signature (co-owner if any)  ) S )  Subscribed and sworn to before me this 29_dayof_ MaW  2019  Notary Public:  NOTARY PUBLIC MEGANSWAHLSTROM 681512 COMMISSION EXPIRES JANUARY: 29,2019 STATE OF UTAH  SIAILL  Agent Authorization I(we), Lisa & Nathan Plummer located at 306W400N Rafael Chavez. Jr  the. owner(s) of the real property  in Bountiful City, Utah, do hereby appoint  as my (our) agent to represent me (us) with regard to this  application affecting the above described real property, and authorize the aforementioned agent to appear on my (our) behalf before any' City board or commission considering this application.  Owner's Signature State. of Utah. County of Davis  Owner's Signature (co-owner if any)  S )  On the 29 day of May Lisa and Nathay Plummey  2018 personally appeared before me  the signer(s) of the above Agent  Authorization who duly acknowledge to met thatt they executed the same.  Notary Public:  esioa  -    Commission Staff Report  Item #6  Subject: Pnbiclearing-Propoxed Amendment to Section 14-7-103 toadd private schools as an allowed use in the DN Zone. Applicant: Liberty Hills Academy Author: Chad Wilkinson, Planning Director Date: July17,2018 Description of Request  BOUNTIFUL EST.1847  The applicant, Liberty Hills Academy, requests a zoning ordinance text amendment in order to add Private Schools as an allowed use in the Downtown (DN) zoning district.  Background and Analysis  The Downtown zone has been the focus of a great deal of discussion over the past year, mostly related to architectural and design standards and the appropriate mix of uses in the area. The Downtown Zoning district was originally adopted in 2006 as ai mixed use commercial and residential zone. The purpose and objectives section for the district states that the zone was "established toj provide a district primarily for the preservation of the mixed use character of the commercial and residential uses in and adjacent to thel Main Street downtown area." As with each ofthe zones in the City, a table listing permitted, conditional, and prohibited uses was adopted with the zoning district. The table ofa allowed uses does not currently include public or private schools as an allowed use in the Downtown zone. The proposed amendment would include private schools as and allowed use in order to develop aj private school use: in the Wight House building. While iti isi impossible to know all the potential reasons schools were excluded from thel list of allowed uses when the Downtown zone was adopted over a decade ago, there are some significant policy issues that should be considered when deliberating aj possible change to  the ordinance. Main Street  Main Street remains thei most viable location for businesses and restaurants in Downtown. While the proposed amendment would allow school uses throughout the downtown zone, the pending application would locate a school along Main Street in the core area ofdowntown. This core area, starting at 200 South and extending to 1001 North, was the first portion of the downtown targeted for redevelopment by the City and has seen a significant investment in infrastructure by the Redevelopment Agency of] Bountiful. This area has also seen a tremendous amount of private reinvestment with recent redevelopments of Zion's Bank, the Hepworth mixed use buildings at 100 South and Main, the Creative. Arts Academy, and others. Recent discussions and direction from the Council over the past year have included a desire to continue to focus commercial use and higher densities to areas near Main Street. Because frontage on Main Street isal limited commodity, the uses allowed on Main Street should be carefully considered. During the recent policy discussions regarding Main Street, it was acknowledged in Code adopted by the Council that ground floor Main Street frontage should not be taken up by residential use, but should be preserved for commercial use. Similarly, it is appropriate to discuss whether a school  usei is a good fit within this core commercial area in downtown.    This is not ai reflection on the use itself, but a question as to whether this is the highest and best use for the Main Street area. The Zoning Ordinance includes private schools as an allowed use on most lands within the City.Approximately 79 percent oft the land area in the Cityi is currently zoned for private school use. All residentially zoned properties, including those zoned single family and multifamily, include private schools as an allowed use. The areas where private schools are not allowed are limited to those zones where there is a higher potential for commercial use. These areas include commercial corridors such as 500 West, 500 South and the historic Downtown area. Main Street is specifically the portion of the downtown area most likely tos support commercial use. While individual non-commercial uses have been allowed in the past onl Main Street, it is critical that the Council preserve as much Main Street frontage for commercial and restaurant use, particularly: in the core area of downtown.  Alcohol license issues  Ini recent policy discussions, the Council has expressed a desire to attract additional restaurants to the downtown area. This direction is consistent with the 2009 Downtown Master Plan which identifies insufficient dining, entertainment and shopping opportunities as an issue ofc concern and establishes goals and policies to attract additional dining opportunities. One oft the challenges in establishing restaurants in the City is finding locations that allow for alcohol licenses. State law requires minimum separations from community locations, such as churches, parks, libraries, and schools. This limits the number oflocations where ai restaurant serving alcohol can locate. Although there are uses such as the existing dance school and educational uses associated with The Joy Foundation and the BDAC, these types of educational facilities are: included in a separate category in State Law and are not subject to the same distance restrictions as a school use. The school use would limit issuance ofi restaurant alcohol licenses within 200 feet ofthe school as measured in a straight line or within 300 feet as measured by the shortest pedestrian The Downtown zone already contains a large area where restaurants could not gain approval for alcohol licenses based on the location of the Tabernacle and the soon-to-be constructed public plaza. Allowing schools int the Downtown zone could potentially further limit opportunities for the City to attract restaurant uses to the downtown or to allow for existing restaurants to add  route.  alcohol service.  Operational considerations  Although the current application is a legislative decision impacting the entire Downtown zone, some discussion oft the characteristics of the Wight House property is appropriate. One ofthe main concerns in establishing a school usei in the Wight House location is the lack ofr nearby outdoor recreation space for students attending the school. Although the applicant has indicated that students will use the interior oft the building for recreation, this does not seem: ideal and it is anticipated that there will be a desire for some outdoor recreation space in the future for the school. Parking areas to the rear oft the building are shared by all businesses on the block and include a large parking lot owned by the Redevelopment Agency. In addition to serving the adjacent businesses, these areas are currently used to support downtown events and must remain    open to thej public. Another operational concern is the potential impact of drop-off and pick-up of  students on adjacent businesses. Department Review Manager. Significant Impacts  This item has been reviewed by the City Planner, City Engineer, the City Attorney, and City  There would be several major impacts associated with adding private schools as an allowed use in the Downtown (DN) zone. As mentioned above, the inclusion of private schools could impact the City Council's goals to attract additional restaurant uses to the downtown area because of distance restrictions for alcohol licenses placed on restaurants by State Code. Although specific tot the proposed location on Main Street, the inclusion ofas school in the Wight House property will also occupy aj portion of the frontage on Main Street in the core area ofdowntown. This area is critical for maintaining adequate property to attract commercial and restaurant use to the downtown. While the City supports the establishment of private schools (as evidenced by zoning almost 80 percent oft the City to allow the use) this location is not conducive to the goals and  policies the Council has set for the Downtown zone.  Recommendation  Staffrecommends that the Planning Commission forward a recommendation of denial to the City  Council for the proposed amendment to the Downtown (DN) Zone.  Attachments 1.Application Materials  GAPLAM/PlamningComgCommisionORDINANCE201BVPrivate Schoolsi inl Downtown Zone 2018PCStaff Report Private! Schoolsi in  Downtown.docx    The Wight House Property 95 North Main Bountiful, Utah 84010 Legal Description:  BEG NE COR OFLOT 4, BLK; 32, PLATA A, BOUNTIFULTS SURVEY; TH S. 40 FT; TH W 127 FT; THN4OFFTHEIYFTTO What is intended to be done on or with the property?  BEG. CONT. 0.115 ACRES.  Liberty Hills Academy (LHA) is an accredited, LDS Faith-based, 501(c)(3) non-profit, private school serving pre-k through 12th grade students since 2014. Our all-volunteer administration operates a razor-thin budget and purposefully strives to keep tuition low in order to provide quality, affordable education to children from socioeconomic backgrounds that typically would be shut out of the private school market. Many students come: from low: and moderate- income families making a tremendous sacrifice to send their children to LHA. LHA attracts families from Brigham City to Lehi and from Park City to West Valley City. Our classes consist of 12 or fewer students grouped according to ability in math and language arts rather than according to age. Most importantly, our talented teachers create a safe and nurturing environment where children excel academically and socially. In addition to rigorous academics, we emphasize developing strong moral character, personal responsibility, and love  ofGod.  Our curriculum is thorough and competitive, and includes instruction in English, mathematics, science, history, theater, music, choir, dance, art, computer technology, etc. We also offer classes in karate, engineering, orchestra, sewing, and leadership. Our students perform above grade level on national standardized tests. We offer several levels of enrollment including tutoring for individual subjects and pre-school. LHA provides an unsurpassed Parallel with our daytime program, LHA hosts a wide variety of community events:  individualized educational opportunity in Davis County.  Concerts  Lectures on Science, History, Constitution, Mental Health, Education  Community Holiday Bazaar, Photos with Santa  Adult Education Classes Eagle Projects Community Choir Music Recitals Summer Camps Band Camp Events fori the Homeschool Community Constitution Bowl Women's Organization Meetings  Meet-tne-Candidates, County and State Nights (all political parties included)    Business Meetings  Mission Statement: Liberty Hills Academy seeks toj prepare students toi fulfill their own divinely appointed potential by creating an atmosphere where the Spirit ofthe Lord enlightens minds and hearts. We: strive to empower: students to master self-governance, achieve personal academic excellence, foster a love of God and country, and develop their own Christ-like character. We believe a strong collaboration with parents, teachers, and students Since 2014, we have occupied the old Sand Castle building in Woods Cross which was on the market for six years prior to our occupancy.. As a result of our efforts tol beautify and improve We are seeking a permanent location in the center of] Davis Countyi in which to continue and expand our mission to provide exceptional education serving individuals and future  promotes optimal student development.  the property, the building was recently sold for $1.1 million.  generations.  Why is the intended zone change necessary at this particular location to provide The Wight House has long been a center of many family and community memories. However, thel building has had al bit ofai rough go recently. LHA can bring the Wight House back to its former standard and again makei it a center of community life. We are seeking to amend the Land Use Ordinance to clatrifylangunge/poliey, so that a small, faith-based, private school is Explain how the intended zone change will not be detrimental to thel health, general welfare, or safety of persons working or residing in the vicinity, or  aservice to the community?  permitted.  injurious to property orimprovements in the vicinity.  The Wight House building will be used for a small private school and community events. This will include no. hazardous materials, no light or heavyindustrial activity, and minimal traffic Our school's current enrollment is 50 students. We hope to grow to between 100-125 at this location. School begins at 9 a.m. and ends at 2:30 p.m. Our drop-off would begin before most Main Street businesses open for the day and pick-up would end before any local traffic associated with Bountiful Junior High. We employ 12 teachers, all ofwhom are only there Explain fully the timetable for development as well as financing available. The purchase oft the Wight House is seller financed. Changes to the interior willl bel largely  and parking impact.  part-time. The school will not be a burden on day-time parking.  cosmetic. We anticipate starting school on September 4t, 2018.