Bountiful City Planning Commission Minutes July 17,2018 6:30P.M.  Present:  Chair - Sean Monson; Vice Chair - Von Hill; Planning Commission Members Jesse Bell, Jim Clark, Tom Smith and Sharon Spratley; Asst. City Planner - Chad Wilkinson; Asst City Planner - Curtis Poole; City Engineer - Paul Rowland; and Recording Secretary - Darlene  Baetz  Excused:  City Council Representation - Richard Higginson; City Attorney - Clint Drake  1. Welcome and Introductions.  Chair Monson opened the meeting at 6:30j pm and welcomed all those present.  2. Approval of the minutes for June 19, 2018.  Sharon Spratley made ai motion to approve the minutes for. June 19, 2018 as written. Smith and Spratley voting aye and Commission member Monson abstaining.  Von Hill seconded the motion. Voting passed 4-0-1 with Commission members Bell, Clark, Hill, 3. Consider preliminary and final plat approval for 5th West Flex Offices located at 1051 S 500  West, Jeff Beck, applicant.  Jeff Beck was present. Paul Rowland presented staff report.  Mr. Jeff Beck, applicant, requests preliminary and final plat approval for the sth 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 Sth West Office Park Commercial Subdivision and already exists as a commercial structure. The building meets all oft the requirements that were inj place at the time oft the original commercial subdivision approval and this change is solely for the purpose of producing a condominium plat oft this lot sO that the individual units can be sold independently.  Chair Monson temporarily left the room. Condominiums, with the following conditions:  Staff recommends approval for preliminary and final plat approval for the sth West Flex Office  1. Submit the signed, final mylar ready for utility signatures.  2. Submit a current title report. 3. Payment of fees Vice Chair Hill asked for a motion.  Tom Smith made a motion that the Planning Commission forward to the City Council a recommendation for preliminary and final plat approval for 5th West Flex Offices located at 1051 S  Bountiful City Planning Commission Minutes - July 17,2018  Page lof7    500 West with the three conditions outlined by staff. Chair Monson returned to the table. Monson, Smith and Spratley voting aye. 300 East, Robert Zesiger, applicant.  Sharon Spratley seconded the motion. Voting passed 6-0 with Commission members Bell, Clark, Hill, 4. Consider preliminary and final subdivision approval for Hayward Subdivision located at 153S  Robert Zesiger was present. Paul Rowland presented the staffreport.  Mr. Robert Zesiger is requesting preliminary and final approval oft 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 of Thej property at 111 and 153 So. 300 East contains 0.524 acres and is located in Plat A ofthe original Bountiful Townsite 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 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 Recommend preliminary and final approval of the Hayward Subdivision with the following  the two proposed lots.  lots also have more than the required frontage for lots in the R-4 Zone.  will: need to be made in order to accommodate al home on the new lot.  conditions: 1. 2.  Provide a current title report. Make all necessary red line corrections. 3. Pay all fees, including the Storm Water Impact Fee.  Mr. Rowland would like it on the minutes that a bond will not be required at this time. A bond will be required when a building permit is issued. The developer/home owner will be responsible for moving Sharon Spratley made a motion that the Planning Commission forward to the City Council a recommendation for preliminary and final subdivision approval to with the 3 conditions outlined by Jim Clark seconded the motion. Voting passed 5-0-1 with Commission members Bell, Clark, Monson, 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 Chavez Jr,  the power line and the easement will be shown on the final plat.  staff and ai notation that no bond will be required at this time. Smith and Spratley voting aye and Hill abstaining.  applicant.  Bountiful City Planning Commission Minutes - July 17,2018  Page 2 of7    Rafael Chavez Jra and Nathan Polatis were present. Mr. Poole presented the staffreport.  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 the R-4 zoning district. The applicants would like to subdivide the properties of 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 ofrelief 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 of the home. The need for the variance arises from the location of the existing home. Section 14-4-105 C states that a corner lot side yard setback "shall not be less than twenty (20) feet..." Because of 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 1 oft the proposed subdivision would maintain that lot width. The minimum lot width for acorner lot 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 of the land use ordinance. Therefore in order to modify the property a variance must be obtained for the lot width Staff recommends approval of the requested variance in order to allow the property to be subdivided without meeting the minimum corner lot setback and lot width requirements oft the R-4: zone. Staff mentioned that the approval for the item at this meeting is for the variance and the flood plain  306 West and 292 West to create a third property to the: north.  made to the. Appeal Authority.  that it can raise inl District Court.  standard.  map will be discussed at the subdivision approval meeting. Chair Monson opened the Public Hearing at 6:55 pm.  Duane Mills resides at 317 W 600 North. Mr. Mills is concerned that this property would be multi- family. Staff confirmed that this property is zoned single family and not multi-family. The property owner would need to request a zone change which is a public hearing ift there is a change to the current Cory Willey resides at 280 W 400 North. Ms. Willey is concerned about the small size of the new  zone.  Bountiful City Planning Commission Minutes - July 17,2 2018  Page 30f7    parcel. Staff verified that parcel #3 will have an easement that will be recorded at the County to  accommodate the creek channel.  Chair Monson closed the Public Hearing at 7:00 p.m.  Mr. Wilkinson stated that the owners of the properties have signed and given permission to proceed. Sharon Spratley made a motion to approve for a sideyard setback and lot width variance in Von Hill seconded the motion. Voting passed 6-0 with Bell, Clark, Hill, Monson, Smith and Spratley 6. PUBLIC HEARING = Consider a Zoning Text Amendment to allow for private schools in the DN (Downtown) zoning district, Jill7 Thompson representing Liberty Hills Academy, applicant.  The setbacks run with the land regardless oft the property owners.  conjunction with an application for subdivision located at 306 W 400 North.  voting aye.  Chad Wilkinson presented the staffi report.  The applicant, Liberty Hills Academy, requests a zoning ordinance text amendment in order to add 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 a mixed use commercial and residential zone. The purpose and objectives section for the district states that the zone was "established to provide a district primarily for the preservation of the mixed use character oft the commercial and residential uses in and adjacent to the Main Street downtown area." As with each of the zones in the City, a table listing permitted, conditional, and prohibited uses was adopted with the zoning district. The table of 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 a private school use in the Wight House building. While it is impossible to know all the potential reasons schools were excluded from the 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 a Main Street remains the most viable location for businesses and restaurants in Downtown. While the proposed amendment would allow school uses throughout the downtown zone, thej pending application would locate a school along Main Street in the core area of downtown. This core area, starting at 200 South and extending to 100 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 is a 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  Private Schools as an allowed use: in the Downtown (DN): zoning district.  possible change to the ordinance.  Bountiful City Planning Commission Minutes - July 17, 2018  Page 4of7    taken up by residential use, but should be preserved for commercial use. Similarly, it is appropriate to discuss whether a school use 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 of the land area in the City 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 tot 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 to support commercial use. While individual non- commercial uses have been allowed in the past on 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 Inr 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 of concern and establishes goals and policies to attract additional dining opportunities. One of 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 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 of restaurant alcohol licenses within 200 feet of the school as measured in a 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 in 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 alcohol service. Although the current application is a legislative decision impacting the entire Downtown zone, some discussion of the characteristics of the Wight House property is appropriate. One oft the main concerns ine establishing a school use in the Wight House location is the lack of nearby outdoor recreation space for students attending the school. Although the applicant has indicated that students will use the interior of 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 of 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 the public. Another operational concern is the 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  downtown.  number oflocations where ai restaurant serving alcohol can locate.  straight line or within 300 feet as measured by the shortest pedestrian route.  potential impact of drop-off and pick-up of students on adjacent businesses.  Bountiful City Planning Commission Minutes - July 17, 2018  Page 5of7    restrictions for alcohol licenses placed on restaurants by State Code. Although specific to the proposed location on Main Street, the inclusion of a school in the Wight House property will also occupy a portion of the frontage on Main Street in the core area of downtown. 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 of the City to allow the use) this location is not conducive to the goals and policies the Council has set for the Staff recommends that the Planning Commission forward a recommendation of denial to the City Ms. Thompson stated that the school has 50 students and school hours are 8:30 - 2:30 and there will be plans to use the building for afterhours tutoring, recitals, receptions, or general meetings. She discussed the Bountiful City master plan and asked if the property is considered commercial or  Downtown zone.  Council for the proposed amendment to the Downtown (DN) Zone.  residential zone? She discussed beer licensing for existing restaurants. Chair Monson opened the Public Hearing at 7:31 p.m.  Tiffany Hess = Vice Principal of the school. Ms. Hess stated that the drop-off of students happens before all businesses open for business and the school would bring significant improvement to the Peter Cannon resides in Farmington. Mr. Cannon is the Chairman for the Board ofTrustees to Liberty Hills. He stated that ai restaurant in this location would be a challenge with the two stories. Beverly Cannon resides in Farmington. Mrs. Cannon believes that this school will bring customers to Mark Milburn resides in Centerville. Mr. Milburn believes that this building is ill-suited for a Betty White = owner of Wight House Clothing Ms. White isi in favor oft the school and likes the idea Dan White - owner oft the Wight House Reception Center. Mr. White stated that the kitchen has been Jason Thompson - Co-founder of Liberty Hills. Mr. Thompson stated that the plans have classrooms on the second floor, event center on the first floor and student activities with supervision on the roof. Gary Davis resides at 2148 S 500 West. Mr. Davis spoke about the possibility of placing restrictions  building and be aj jewel to the downtown area.  the shops. restaurant.  ofan after-hours event center.  removed and could be a used as an evening event center.  on this business in this area.  Chair Monson closed the Public Hearing at 7:49 p.m.  Mr. Wilkinson stated that he understands that the Planning Commission has a difficult decision to make. He discussed that the direction from Council for the Downtown zone has been to increase the commercial and restaurants in the area. The approval is not just for this property it is a broad zone  Bountiful City Planning Commission Minutes - July 17, 2018  Page 6of7    change and has impacts to the entire Downtown zone. There are long term impacts to the decisions that are made. Ifthis is a zone change that the Commission members want to approve then the best policy is to change the entire zone and not "contract" zone as things change in the years to come. Private schools are allowed in other zones with a Conditional Use Permit with conditions being placed Mr. Bell thanked the applicant for presenting a nice project however he believes that the approval of this item goes against everything that the city has been working SO hard in creating the Downtown There was discussion between Commission members and applicant about the type of business this school is. Staff stated that this is a private school. Applicant wonders if the school can be defined as a different type, perhaps tutoring to meet the code. Staff showed on the map the area that would be Sharon Spratley made a motion that the Planning Commission forward a denial to City Council to consider a Zoning Text Amendment to allow for private schools in the DN (Downtown) zoning Jim Clark seconded the motion. Voting passed 4-2 with Clark, Hill, Monson, and Spratley voting aye Mr. Wilkinson verified the next steps for this item. The item will go forward to the City Council who can decide to open the Public Hearing to hear this item. This item has been noticed for City Council  on the schools.  zone.  available for a beer license.  district.  with Bell and Smith voting nay.  on August 7,2018.  7. Planning Director's report, review of pending applications and miscellaneous business. 2. Utah APA meeting will bel held at. Jordan Commons on October 4 and 5, 2018.  1. Next Planning Commission meeting August 14, 2018.  Chair Monson ascertained there were no other items to discuss. The meeting was adjourned at 8:23  p.m.  ML  MA  Chad Wikinson, Bountiful City Planner  Bountiful City Planning Commission Minutes - July 17, 2018  Page 7of7