RIVERTON CITY PLANNING COMMISSION MEETING AGENDA. May 12, 2016

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1 RIVERTON CITY PLANNING COMMISSION MEETING AGENDA May 12, 2016 Notice is hereby given that the Riverton City Planning Commission will hold a meeting beginning at 6:30 p.m. on May 12, 2016 at Riverton City Hall, located at South 1700 West, Riverton, Utah. CALL TO ORDER AND ROLL CALL 1. PUBLIC HEARINGS 6:30 p.m. or as soon after as practicable A. CONDITIONAL USE / HOME OCCUPATION, D & K DAYCARE #1, SOUTH KENMORE CIRCLE, RR-22 ZONE, DEBBIE LENHART, APPLICANT. B. REZONE, REZONING 4.24 ACRES LOCATED AT SOUTH REDWOOD ROAD FROM RR-22 (RURAL RESIDENTIAL ½ ACRE LOTS) TO C-N (COMMERCIAL NEIGHBORHOOD), SHAUNA & KEVIN LEAKE REPRESENTING THE APPLICANT. C. CONDITIONAL USE PERMIT, 1 HOME ACCESSED BY A PRIVATE LANE, 1450 WEST CREEKHAVEN DRIVE, RR-22 ZONE, JIM BROWN, APPLICANT. 2. ADJOURNMENT The City Office is an accessible facility. Individuals needing special accommodations or assistance during this meeting shall notify the City Recorder s Office at , at least two business days in advance of the meeting. Accessible parking and entrance are located on the south end of the building with elevator access to the City Council Chambers located on the second floor. Certificate of Posting I, Virginia Loader, the duly appointed and acting Recorder for Riverton City certify that, at least 24 hours prior to such meeting, the foregoing Agenda was ed to the Salt Lake Tribune, Deseret News and the South Valley Journal. A copy of the Agenda was also posted in the City Hall Lobby, on the City s Website at and on the Utah Public Meeting Notice Website at Dated this 10 th Day of May, 2016 Virginia Loader, Recorder

2 Item 1.A D & K Daycare #1 Conditional Use / Home Occupation

3 RIVERTON CITY MEMORANDUM TO: FROM: Planning Commission Development Review Committee DATE: May 12, 2016 SUBJECT: CONDITIONAL USE PERMIT-HOME OCCUPATION, D & K DAYCARE #1, SOUTH KENMORE CIRCLE, RR-22 ZONE, DEBBIE LENHART, APPLICANT. PL NO.: D & K DAYCARE HOME OCCUPATION This application is a public hearing and administrative action item. In rendering a decision the Planning Commission is serving an administrative function, decisions are based on substantial evidence. PROPOSED MOTION: I move the Planning Commission APPROVE the Conditional Use Permit for D & K Daycare #1 Home Occupation located at South Kenmore Circle, with the following conditions: 1. No more than one (1) non-resident employee may perform work associated with this business on the property. 2. All customer parking shall be conducted on the applicant s driveway. 3. Child drop-off and pick-up shall be staggered as much as possible by the applicant. 4. The site, structures, and business shall remain in compliance with any and all applicable Riverton City standards and ordinances, including the International Building and Fire Codes. BACKGROUND: Debbie Lenhart has submitted this application requesting a conditional use permit for property located at South Kenmore Circle. The property is currently zoned RR-22 (Rural Residential ½ Acre Lots) as are all of the properties to the west, north and east. To the south is the new Autumnwood Estates Subdivision that is currently under construction and is zoned R-3 SD (Residential 14,000 Square Foot Lots Specific Development). The applicant is requesting a conditional use permit to operate a home-based daycare. The applicant is proposing the maximum of 12 children per day. Riverton City ordinances allow up to 12 children per day but requires that the applicant obtain a conditional use permit from the Planning Commission when the number of children exceed 8. The applicant has indicated that drop-off times will be staggered between 7 and 9:30 a.m. and pick-up times will stagger between 4 and 6:00 p.m. The applicant has also indicated that they have a very large driveway that can accommodate customer parking. Staff has visited the site and can confirm that the driveway is quite large and is located at the end of a cul-de-sac. Condition #2 requires that all customers park on the driveway to avoid any traffic problems on the cul-de-sac. Condition #3 also requires that the applicant do her best to stagger drop off and pick up times to avoid having everyone Report by: AJA 1 of 2 5/10/2016

4 coming to the site all at one time. It is staff s opinion that if drop off is staggered and if the driveway is left clear for customer parking there should not be any significant traffic issues related to the cul-de-sac. Staff has received comments concerning the proposed home occupation. Those comments have been against the proposed day care being in the home due to traffic issues and noise issues potentially generated by the children playing. Traffic issues the City can deal with, however, the noise generated by children playing would be no different than a large family with numerous children living there. Other concerns related to the business simply not being allowed in the home. Riverton City ordinances already allow home based daycares to occur within homes in Riverton. Therefore the applicant is entitled to run this daycare business in her home, by ordinance. It is the Planning Commission s duty to attach conditions that will help to mitigate any potential impacts to the neighborhood that the business may generate. Riverton City staff is recommending approval of the proposed home-occupation with the conditions listed above. The Planning Commission may add to or remove conditions from that list if they deem it appropriate. ATTACHMENTS: The following items are attached for your review: 1. A copy of the Conditional Use Permit application 2. An 8½ x11 copy of the Zoning Map 3. An 8½ x11 copy of the Aerial View(s) 4. Images of the site 5. Site Plan Report by: AJA 2 of 2 5/10/2016

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14 Item 1.B South Valley Animal Clinic Rezone

15 RIVERTON CITY MEMORANDUM TO: FROM: Planning Commission Planning Department DATE: May 12, 2016 SUBJECT: PL NO.: REZONE, REZONING 4.24 ACRES LOCATED AT SOUTH REDWOOD ROAD FROM RR-22 (RURAL RESIDENTIAL ½ ACRE LOTS) TO C-N (COMMERCIAL NEIGHBORHOOD), SHAUNA & KEVIN LEAKE REPRESENTING THE APPLICANT South Valley Large Animal Clinic Rezone This application is a public hearing and legislative action item. In rendering a decision the Planning Commission is serving a legislative function, decisions are based on reasonably debatable evidence. PROPOSED MOTION(S) I move the Planning Commission recommend approval of application # PL , rezoning 4.24 acres located at S Redwood Road from the existing zoning of RR-22 to C-N (Commercial Neighborhood) and amending Riverton City s General Plan to Community Commercial. I move the Planning Commission recommend denial of application # PL keeping the zoning at RR- 22 (Rural Residential ½ Acre Lots). BACKGROUND Shauna and Kevin Leake representing the South Valley Large Animal Clinic have submitted this application requesting that property located at South Redwood Road be rezoned. The property is currently zoned RR-22 (Rural Residential ½ Acre Lots) and is utilized as single-family residential with some agricultural uses. All surrounding properties are also zoned RR-22 and are similarly utilized. The applicant is requesting that the property be rezoned to C-N (Commercial Neighborhood) in order to facilitate a large animal veterinary clinic. However, Riverton City cannot consider a rezone request for one specific use. When a property is rezoned to commercial not only is the veterinary clinic permitted in the zone but also every other commercial use that is permitted within the zone. Therefore the Planning Commission needs to consider that in if the applicant were to abandon their plans is this property well suited to host other commercial uses that could occur in the C-N zone? The C-N zone is the most restrictive commercial zone in Riverton City and caters to commercial uses that are used on a neighborhood scale, or to commercial activities that would be utilized by the neighborhood rather than a regional scale. All uses in the C-N are conditional uses which require a conditional use permit granted by the Planning Commission. By rezoning this property to C-N it then becomes commercial and any commercial development will require a full site plan review to ensure the proposed development complies with all ordinances and standards set forth in Riverton City to govern safe and community acceptable commercial development. The request to rezone to C-N does not comply with the City s current General Plan. It is currently designated for ½ acre residential lots on the western half of the property and 1/3 acre residential lots on the eastern half of the property. If it is determined that this property would be appropriately zoned for commercial then the General Plan should be amended to Community Commercial. Report by: AA 1 of 2 5/10/2016

16 As of the date this report was written staff has received one comment from a property owner within the noticing radius. The comment was related to traffic that would be generated by the business and whether access would be from 1775 West on the north, South on the west or from Redwood Road. Staff indicated that a site plan has not been submitted and that this application is looking specifically at the zoning and whether this property would be more appropriately zoned commercial or if it should remain zoned for residential. ATTACHMENTS: The following items are attached for your review: 1. A copy of the Rezone application. 2. An 8.5 x 11 copy of the Current Zoning Map Report by: AA 2 of 2 5/10/2016

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22 Item 1.C Jim Brown s Bridge Conditional Use Permit

23 RIVERTON CITY MEMORANDUM TO: FROM: Planning Commission Development Review Committee DATE: May 12, 2016 SUBJECT: CONDITIONAL USE PERMIT, 1 HOME ACCESSED BY A PRIVATE LANE, 1450 WEST CREEKHAVEN DRIVE, RR-22 ZONE, JIM BROWN, APPLICANT. PL NO.: Jim Brown s Bridge Conditional Use Permit PROPOSED MOTION I move the Planning Commission APPROVE application # , Jim Brown s Bridge Conditional Use, located at 1450 West Creekhaven Drive with the following conditions: 1. The private lane shall be a minimum of 20 feet in width with a minimum of 15 feet as paved asphalt. 2. Storm drainage systems and installation shall comply with Engineering Department requirements and standards. 3. Any and all irrigation ditches associated with the property be addressed, with disposition of the irrigation systems approved by Riverton City and the proper irrigation company or users. 4. The bridge and related structures shall comply with Engineering Department requirements and standards as well as those standards required by Salt Lake County. 5. Right-of-way dedication issues shall be handled through proper processes and approved by the Riverton City Council. 6. Emergency vehicle turn around and proper bridge width shall be approved by the Unified Fire Authority prior to issuing a building permit. BACKGROUND: Jim Brown has submitted an application requesting a conditional use permit for property located at 1450 West Creek Haven Drive. The property is currently zoned RR-22 (Rural Residential) and is vacant land. Properties to the east and south are all zoned R-3 (Residential 14,000 square foot lots). To the north property is located in South Jordan City. The applicant is proposing to construct one home on this parcel and in order to do so needs a conditional use permit for a private lane. This isn t the first request to construct homes on this property and conditional use permits have been granted by the Planning Commission in years past. However, those permits have since expired. This application differs from previous applications in that the applicant desires to construct only one home on the site. There is an existing publicly owned and maintained right-of-way extending north from Creekhaven drive and terminating at the Midas Creek drainage corridor. This right-of-way is owned by Riverton City even though it has been encroached upon by neighboring property owners. The Written By: AA on 11/3/05 Checked By:

24 applicant is proposing a private lane that will extend north from the end of this stub and provide access to the dwelling. In order to cross Midas Creek a bridge will need to be constructed. This bridge will need to conform with all requirements of the Riverton City Engineering Division and Salt Lake County Flood Control, the agency that governs the Midas Creek corridor. Condition #4 addresses this. Riverton City s Subdivision ordinance requires that all new development do so on a public road, however, the ordinance does recognize that there are circumstances where a public road is not possible or is not feasible. Two of the three following conditions must exist in order to approve a private lane. Those conditions are as follows: 1. A lot of record which is pre-existing and has no frontage or adequate property to construct a public street. 2. It can be demonstrated by the applicant that the property cannot be physically subdivided with public streets, either now or in the foreseeable future. 3. The development does not impede the necessary access from adjoining properties as required by the master transportation plan. In this case the proposed private lane does meet these conditions. It is not feasible or necessary for Riverton City to construct a public bridge across the drainage to provide access to one lot. Development of this property with a private lane does not impede any necessary access from neighboring property owners. This property is a good candidate for a private lane. Condition #6 requires the applicant to obtain approval from the Unified Fire Authority regarding bridge width and any necessary emergency vehicle turn around that may be required. Staff is recommending APPROVAL of this Conditional Use Permit, with the conditions outlined above. ATTACHMENTS: The following items are attached: 1. Copies of the vicinity, zoning, and aerial maps identifying the property. 2. A copy of the proposed subdivision plat. Written By: AA on 11/3/05 Checked By:

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