Ethics and Open Meetings Act Training by City Attorney Mike

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1 PLANNING COMMISSION AGENDA Notice is hereby given that the Draper City Planning Commission will hold a Regular Meeting at 5:30 pm on Thursday, June 11, 2015, in the City Council Chambers at 1020 East Pioneer Road, Draper, Utah. The Agenda will be as follows: (Times listed on the agenda are approximate and may be accelerated or subject to change.) 5:30 p.m. Dinner Study Meeting: 6:00 p.m., City Council Chambers on the 1st floor Barker Study Business Items Ethics and Open Meetings Act Training by City Attorney Mike Business Meeting: 6:30 pm, City Council Chambers on the 1st floor Citizen Comments: To be considerate of everyone attending the meeting, public hearing comments will be limited to three minutes per person per item. Comments which cannot be made within three minutes should be submitted in writing to the City Recorder prior to Noon the day before the meeting. 1. Public Hearing: Snow Crest Minor Subdivision On the request of Mark Richards for Preliminary Plat approval of a four-lot subdivision on 2.98 acres in the RA2 zone at S E. This application is otherwise known as the Snow Crest Minor Subdivision, Application # S. Staff contact is Dennis Workman at (801) or dennis.workman@draper.ut.us. Documents: snow crest prelim plat at pc pdf 2. Public Hearing: Underground Cross Fit Conditional Use Permit On the request of Whitney DeAgostini for approval of a Conditional Use Permit (CUP) to operate a personal instruction studio in the M1 zone at S. 200 W. This application is otherwise known as the Underground Cross Fit CUP, Application # S. Staff contact is Dennis Workman at (801) or dennis.workman@draper.ut.us. Documents: underground cross fit cup at pc pdf Staff Reports a) Discussion Items b) Administrative Reviews c) Other items Adjournment

2 Any person adversely affected by a decision of the Planning Commission regarding the transfer, issuance or denial of a conditional use permit may appeal such decision to the City Council by filing written notice of appeal stating the grounds therefore within fourteen (14) days from the date of such final determination. SALT LAKE COUNTY / UTAH COUNTY, STATE OF UTAH I, the City Recorder of Draper City, certify that copies of the agenda for the Planning Commission meeting to be held the Thursday, June 11, 2015, were posted on the Draper City Bulletin Board, Draper City website the Utah Public Meeting Notice website at and sent by to the Salt Lake Tribune, and the Deseret News. City Seal: Rachelle Conner, MMC, City Recorder Draper City, State of Utah PUBLIC HEARING PROCEDURE AND ORDER OF BUSINESS. In compliance with the American with Disabilities Act, any individuals needing special accommodations including auxiliary communicative aides and services during this meeting shall notify Rachelle Conner, MMC, City Recorder at (801) or rachelle.conner@draper.ut.us, at least 24 hours prior to the meeting.

3 Planning Commission Application Summary Project Name: Snow Crest Preliminary Plat Address: S E. Current Zoning: RA2 Hearing Date: June 11, 2015 Summary of Request The applicant is requesting preliminary plat approval for a four-lot subdivision. Background On November 18, 2014, the City Council approved Ordinance 1122 which rezoned the subject property from RA1 to RA2. This application is a request to subdivide the property into four single-family lots with an average lot size of approximately 29,000 square feet. Subdivisions of ten lots and fewer are considered minor subdivisions and may be approved at staff level providing they are routine and uncontested. Because of a disputation pertaining to the legal right to access the subject property as proposed, staff has elected to take this application through the formal review process where it will have a public hearing at both the Planning Commission and City Council. Zoning The property is zoned RA2, which requires each building lot to contain a minimum 20,000 square feet and to maintain a front setback of 30 feet, side setback of 12 feet, and rear setback of 20 feet. The proposed plat satisfies all of these minimums. Analysis Access to the subdivision will be from a 20 foot private lane that will dogleg south and terminate in a culde-sac. All four lots will front onto the cul-de-sac. Staff has verified that the area and configuration standards for the RA2 zone are met with each of the four lots. The access for the subdivision has been a point of contention. Included herewith is a quit-claim deed filed in 1990 by a Jack Kerbs which granted ownership of the subject property to Mr. Cozzens, subject to a right-of-way over the entirety of the said property in favor of John L. (Jack) Kerbs, their personal representatives, successors and assigns, and LaVerne Rogers Havelone, and Johanna Louise Havelone, their successors and assigns, and Wesley C. Anderson, his successors and assigns. The applicant for the Snow Crest subdivision contends that this language in the quit-claim deed from Jack Kerbs to Don Cozzens makes current property owner Michael Ford one of these successors and assigns. Mr. Ford s interests are being represented by the applicant for the Snow Crest subdivision. Deviations (If applicable) Not applicable Staff Recommendation Staff recommends that the Planning Commission forward a positive recommendation on to the City Council.

4 Development Review Committee 1020 East Pioneer Road Draper, UT (801) STAFF REPORT May 29, 2015 To: Planning Commission Business Date: June 11, 2015 From: Development Review Committee Prepared by Dennis Workman, Planner II Re: Snow Crest Preliminary Plat Application No.: S Applicant: Mark Richards Project Location: S E. Zoning: RA2 Acreage: 2.98 acres Request: Preliminary plat approval for a four-lot subdivision BACKGROUND On November 18, 2014, the City Council approved Ordinance 1122 which rezoned the subject property from RA1 to RA2. This application is a request to subdivide the property into four single-family lots with an average lot size of approximately 29,000 square feet. Subdivisions of ten or fewer lots are considered minor subdivisions and may be approved at staff level providing they are routine and uncontested. Since a neighbor is disputing the applicant s right to access the subject property as proposed, staff has elected to take the preliminary plat application through the formal review process where it will have a public hearing at both the Planning Commission and City Council. The applicant will then be required to submit an application for final plat, which will go to the City Council as a consent item. ANALYSIS Subdivision Layout. Chapter 17-5 of the DCMC identifies general requirements for all subdivisions. It describes the goals that each lot shall be developable, and that all portions of a parcel from which a subdivision is being proposed must be included in the plat with no remnants allowed. There are also standards regarding infrastructure that must be installed as a condition of subdividing a parcel into lots for future housing. The current request pertains to approximately three acres on the west side of 1300 East just north of Summit Academy Charter School. Access to the subdivision will be from a 20 foot private lane that will dogleg south and terminate in a cul-de-sac. All four lots will front onto the cul-de-sac. Planning Review. Staff has verified that all four lots meet the development standards of the RA2 zone. These standards include lot area minimum, building envelope setbacks, public utility easements and lot configuration. The required width for the private lane is 20 feet. From 1300 East to the subdivision s east property line, the width of the right-of-way is feet. From the east property line to the cul-desac, the private lane is 26 feet in width, which is the fire code s requirement for a single access to a hydrant. Snow Crest App S Preliminary Plat 1

5 Disposition of Access. The portion of the private lane between 1300 East and Havelone s east property line is and has been the subject of some disputation. It is the single reason that staff has elected to send this application through the full review process rather than the much quicker staff approval process. The property in question is approximately 25 x150 feet and is owned by Don Cozzens who lives in the home on the south-adjacent parcel. No one disputes that Mr. Cozzens owns the property; the dispute has to do with who has the legal right to use the access and for what purpose. Included with this staff report is a quit-claim deed filed in 1990 by Jack Kerbs which granted ownership of the subject property to Mr. Cozzens, subject to a right-of-way over the entirety of the said property in favor of John L. (Jack) Kerbs, their personal representatives, successors and assigns, and LaVerne Rogers Havelone, and Johanna Louise Havelone, their successors and assigns, and Wesley C. Anderson, his successors and assigns. The applicant for the Snow Crest subdivision contends that this language in the quit-claim deed from Jack Kerbs to Don Cozzens makes current property owner Michael Ford one of these successors and assigns. Mr. Ford s interests are being represented by the applicant for the Snow Crest subdivision. The attached recorded deed from Wallace Jeffs and Joann Jeffs to Michael Ford, recorded on May 30, 2002, supports the applicant s claim that Mr. Ford may enjoy use of the right-of-way without restriction (other than those imposed by zoning). Engineering Review. In a memo dated April 9, 2015, Brien Maxfield recommends approval subject to the following conditions: Plat 1. Retention basins on each lot are to be noted as required and to be maintained by the individual lot owners. Add required storage volume on each lot. 2. Add note to street retention basin that no structures shall be constructed within the retention basin that will affect the operation of the facility. 3. Note berm constructed on Lot 2 is required to be maintained by lot owner. 4. Swales will be required to be shown on plat and an owner acknowledgement indicating that they shall be required to be maintained. 5. Access easement shall be recorded in favor of the subdivision lot owners across adjacent private property to access 1300 East. Exhibits were provided showing access easement but shall be recorded and referenced on plat. Utility Improvements 6. Application shall include a commitment to serve letter from South Valley Sewer District. The application shall include letters from the providers, addressing the feasibility and their requirements to serve the project in accordance with Section (d)(1)(iv)(C)(5) of the DCMC. Grading & Drainage 7. Detail retention requirements, such as size, depth, etc., for each lot. Construction information, such as a standard detail, is required and will be verified at completion of each house. 8. Grading plan identifies swales will be located on property lines to prevent runoff from crossing lots. Provide locations and extents where swales are required. Snow Crest App S Preliminary Plat 2

6 9. Detail retention pond overflow and how berm is to be connected to retention area directing overflow. Information should reflect width, depth of channel (or flow area). Street Improvements 10. Plans shall indicate private street cut in private lane south of subdivision to connect utilities. Include restoration details, or refer to and provide Draper City Standard Detail ST-15 & 19. Dimension cuts. Fire Department. In a memo dated April 9, 2015, Don Buckley with the Unified Fire Authority recommends approval with the following comments and conditions: 1. Fire Department Access is required. An unobstructed minimum road width of twenty-six (26) feet exclusive of the shoulders and a minimum height of thirteen (13) feet six (6) inches shall be required. The road must be designed and maintained to support the imposed loads of emergency apparatus. The surface shall be able to provide all weather driving capabilities. The road shall have an inside turning radius of twenty eight (28) feet. There shall be a maximum grade of 10%. Grades may be checked prior to building permits being issued. This requirement is needed from the point of this project s property line to their project only. The remainder of the lane from this projects property line to1300 East may remain the existing width and does not need to be widened at this time to meet this requirement. 2. Fire Hydrants are required there shall be a total of 1 hydrants required spaced at 400ft. increments. The required fire flow for this project is 2000GPM for full 2 hour duration. This will allow up to a 6200sqft home. Anything larger will require additional fire flow test to determine if sprinklers are needed. 3. Hydrants and Site Access. All hydrants and a form of acceptable temporary Fire Department Access to the site shall be installed and APPROVED by the Fire Department prior to the issuance of any Building Permits. If at any time during the building phase any of the hydrants or temporary Fire Department Access becomes non-compliant any and all permits could be revoked. 4. No combustible construction shall be allowed prior to hydrant installation and testing by water purveyor. All hydrants must be operational prior to any combustible elements being received or delivered on building site. 5. Visible Addressing Required. New and existing buildings shall have approved address numbers plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Geotechnical Investigation. In a report dated January 29, 2015, Alan Taylor with Taylor Geotechnical states: Based upon the information presented in the referenced report, it is TG s opinion that Wilding Engineering has adequately addressed the geotechnical engineering parameters for the proposed project. Building Review. Building Official Keith Collier has no comment at this stage of development. Addressing. In a memo dated March 26, 2015, Bart LeCheminant states that the address of the Hevelone property will need to change to 1264 E. Snow Crest Cove. Snow Crest App S Preliminary Plat 3

7 STAFF RECOMMENDATION Staff recommends approval of the preliminary subdivision plat application by Mark Richards, application S, subject to the following conditions: 1. That all city standards, requirements, and ordinances are met. 2. That all requirements of the City Engineer are met. 3. That all requirements of the Fire Department are met. 4. That final plat submittal shall include all requirements outlined in Chapters 17-3 and That the public improvement bond and inspection fees are paid prior to city engineer signing the final mylar. This recommendation is based on the following findings: 1. That the proposed preliminary plat meets the requirements of the general plan and zoning ordinance. 2. That the proposed preliminary plat will not be detrimental to the health, safety, or general welfare of persons or property in the area. 3. That the proposed residential use would not be out of character with the surrounding area, nor would it adversely impact adjacent properties. 4. That Michael Ford, who is represented by the applicants, is one of the successors and assigns inferred in the 1990 quit-claim deed, and that he and his successors and assigns have full right to utilize the right-of-way, and can do so without restriction other than those imposed by zoning. MODEL MOTION Sample Motion for a Positive Recommendation. I move we forward a positive recommendation to the City Council on the Snow Crest preliminary subdivision plat, as requested by Mark Richards, application S, based on the findings and subject to the conditions listed in the staff report dated May 29, 2015 and as modified by the conditions below: 1. List any additional conditions and findings. Sample Motion for a Negative Recommendation. I move we forward a negative recommendation to the City Council on the Snow Crest preliminary subdivision plat, as requested by Mark Richards, application S, based on the following findings: Snow Crest App S Preliminary Plat 4

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18 Planning Commission Application Summary Project Name: Underground Cross Fit CUP Address: S. 200 W. Current Zoning: M1 Hearing Date: June 11, 2015 Summary of Request The applicant is requesting approval of a CUP to conduct a personal instruction service in the M1 zone. Background The City Council recently amended the text of the DCMC to add the use category Personal Instruction Service to Table , which is a list of all permitted and conditional uses for the city s two manufacturing zones. The use is listed as a C meaning that a personal instruction use in the M1 zone is allowed pursuant to a CUP. The text amendment was a precursor to the application at hand, which is a request on the part of Underground Cross Fit to open a gym-type facility in one of the tenant spaces located in the Bangerter Ridge Business Park. General Plan and Zoning Bangerter Ridge Business Park is located in the M1 zone, where a personal instruction service is allowed only with a CUP. Analysis Staff s primary concern in allowing a personal instruction use at this location is parking. The total number of parking stalls provided for the Bangerter Ridge Business Park is 267. Simply dividing that number by the number of tenant spaces in the development, which is 18, provides for 14.8 stalls per unit. The Cross Fit tenant will use 6,218 square feet for their personal instruction service, and another 2,687 square feet for office space. As set forth in Chapter 9-25 of the DCMC, a personal instruction use is to be parked at 5 stalls per 1,000 square feet of gross floor area, and an office use is to be parked at 3 stalls per 1000 square feet of gross floor area. As such, the parking requirement for Underground Cross Fit is 31 stalls for personal instruction and eight stalls for office, for a total of 39. However, the majority of the tenants in the Bangerter Ridge Business Park will use the space for office and warehouse. The total number of square feet for the business park is 197,544. Of that number, 179,466 square feet (90.8%) will be occupied by office and warehouse users, yielding the need for 176 parking stalls. Given the 267 stalls provided, 91 parking stalls remain to meet the needs of other types of uses. The only other non-office, non-warehouse tenant planning to lease space in the complex is Beds and More. Together, these two uses will need 73 parking stalls. If in the future Bangerter Ridge Business Park wishes to lease to other users with a high parking demand, staff and Planning Commission will consider such requests on a case by case basis to ensure parking is adequate. Deviations (If applicable) Not applicable Staff Recommendation Staff recommends approval of the CUP.

19 Development Review Committee 1020 East Pioneer Road Draper, UT (801) STAFF REPORT May 29, 2015 To: Planning Commission Business Date: June 11, 2015 From: Community Development Department Prepared by Dennis Workman, Planner II Re: Underground Cross Fit Tenant Improvement CUP Application No.: S Applicant: Whitney DeAgostini Location: S. 200 W. Zoning: M1 Parcel Size: N/A Request: Approval of a conditional use permit to operate a personal instruction studio in the M1 zone BACKGROUND AND PROPOSAL On April 14, 2015, the City Council adopted Ordinance 1146, which amended the text of the DCMC to add the use category Personal Instruction Service to Table , which is a list of all permitted and conditional uses for the city s two manufacturing zones. The use is listed as a C meaning that a personal instruction studio in the M1 zone is allowed pursuant to a conditional use permit. The text amendment was a precursor to the application at hand, which is a request on the part of Underground Cross Fit to open a gym-type facility in one of the tenant spaces located in the Bangerter Ridge Business Park. The applicant proposes to use the northern portion of the facility as office space and the southern portion as a Cross Fit gym. The training will consist of 1-2 classes hourly with participants. Hours of operation are proposed to be 6:00 am to 9:00 pm. For both portions of the building, the number of employees will be approximately 15. The main concern staff has in allowing a personal instruction use in this location is parking availability. The parking situation will be evaluated in this staff report. ANALYSIS Conditional Uses. Section E of the Draper Municipal Code lists factors that are to be reviewed and considered when deciding whether to issue a conditional use permit. They are as follows: 1. A conditional use permit may be issued for a use to be located within a zone where the particular conditional use is allowed by the use regulations of the zone. 2. Reasonable conditions may be imposed as necessary to substantially mitigate reasonably anticipated detrimental effects of the proposed use. These conditions may include conditions concerning use, construction, character, location, landscaping, screening, parking, hours of operation, and other matters relating to the purposes and objectives of this section. Such conditions shall be expressly set forth in the motion authorizing the conditional use permit. Underground Cross Fit Conditional Use Permit App. # S 1

20 3. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. 4. The following factors shall be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied because reasonable conditions cannot be imposed to achieve compliance with applicable standards: a. The harmony and compliance of the proposed use with the objectives and requirements of the city's general plan and this title; b. The suitability of the specific property for the proposed use; c. Whether the proposed use or facility may be injurious to potential or existing development in the vicinity; d. The economic impact of the proposed facility or use on the surrounding area; e. The aesthetic impact of the proposed facility or use on the surrounding area; f. The safeguards proposed or provided to ensure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, and pedestrian and vehicular circulation; g. The safeguards provided or proposed to prevent noxious or offensive emissions such as noise, glare, dust, pollutants and odor from the proposed facility or use; and h. The impact of the proposed facility or use on the health, safety, and welfare of the city, the area, and persons owning or leasing property in the area. Definition of Proposed Use Category. The use category Personal Instruction Service is defined as follows: PERSONAL INSTRUCTION SERVICE: An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, gymnastic and dance studios, handicraft or hobby instruction, health and fitness studios, massage therapist instruction, martial arts training, and swimming clubs. Parking. One potential issue that staff can foresee in allowing a personal instruction use at this location is parking. The total number of parking stalls provided for the Bangerter Ridge Business Park is 267. Simply dividing that number by the number of tenant spaces in the development, which is 18, provides for 14.8 stalls per unit. The Cross Fit tenant will use 6,218 square feet for their personal instruction service, and another 2,687 square feet for office space. As set forth in Chapter 9-25 of the DCMC, a personal instruction use is to be parked at 5 stalls per 1,000 square feet of gross floor area, and an office use is to be parked at 3 stalls per 1000 square feet of gross floor area. As such, the parking requirement for Underground Cross Fit is 31 stalls for personal instruction and eight stalls for office, for a total of 39. However, the majority of the tenants in the Bangerter Ridge Business Park will use the space for office and warehouse. The total number of square feet for the business park is 197,544. Of that number, 179,466 square feet (90.8%) will be occupied by office and warehouse users, yielding the need for 176 Underground Cross Fit Conditional Use Permit App. # S 2

21 parking stalls. Given the 267 stalls provided, 91 parking stalls remain to meet the needs of other types of uses. The only other non-office, non-warehouse tenant planning to lease space in the complex is Beds and More. Together, these two uses will need 73 parking stalls. If in the future Bangerter Ridge Business Park wishes to lease to other users with a high parking demand, staff and Planning Commission will consider such requests on a case by case basis to ensure parking is adequate. Engineering and Public Works Divisions Review. In a memo dated May 12, 2015, Eric Lundell states that he has reviewed this CUP request and recommends approval with the following comments and conditions: 1. The present and future requirements for transportation, traffic, water, sewer, and other utilities for the subject site do not appear to be detrimentally impacted. The number of trips generated by employee(s) and customers will not have a detrimental impact to the area due to the traffic capacity of surrounding streets such as 200 West. Given the location and proposed use, the use is not anticipated to generate a significant impact to traffic, water, sewer, or other utilities; 2. Parking onsite appears adequate for the use. Engineering recommends all parking associated with this CUP be in the sites parking areas. 3. The proposed use does not appear detrimental to the health, safety, or general welfare of the persons residing or working in the vicinity, or injurious to the property or improvements in the vicinity; and 4. The proposed use appears to have been presented as desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community. Building Division Review. Building Official Keith Collier has no concern with the requested CUP. Unified Fire Authority Review. In a memo dated May 27, 2015, Don Buckley with the Unified Fire Authority recommends approval with the following comments and conditions: 1. Modifications to Fire Suppression System May Be Required. If the existing building already has a fire sprinkler system and during the remodel more than twenty (20) sprinkler heads are relocated. Fire sprinkler plans must be submitted to the Fire Department for approval. Plans need to be submitted to: Unified Fire Authority 3380 South 900 West SLC, UT (There needs to be a hydrant with-in a 100 feet of the FDC.) FDC is required to have KNOX Locking Caps. ALL FIRE PROTECTION PLANS REQUIRE 3 rd PARTY REVIEW PRIOR TO BE SUBMITTED TO THE UNIFIED FIRE AUTHORITY. 2. Modifications to Fire Alarm and Monitoring May Be Required. If the existing building already has a fire alarm system and during remodel more than five (5) devices are to be relocated. Fire Alarm plans must be submitted to the Fire Department for approval. Plans need to be submitted to: Unified Fire Authority, 3380 South 900 West SLC, UT ALL FIRE ALARM PLANS REQUIRE 3 rd PARTY REVIEW PRIOR TO BE SUBMITTED TO THE UNIFIED FIRE AUTHORITY. 3. 2A-10BC Fire Extinguishers required. The extinguisher needs to be a serviceable type meaning metal head and metal neck. Extinguishers need to be located in a conspicuous location where they will be readily accessible and immediately available for use. Placed every 75 feet of travel. If in cabinet or not the extinguisher or cabinet needs to be mounted so that the top is not more than five (5) feet above the floor. Noticing. All public noticing for this application has been properly issued in the manner outlined in the City and State Codes. Underground Cross Fit Conditional Use Permit App. # S 3

22 STAFF RECOMMENDATION Staff recommends that the Planning Commission approve the Underground Cross Fit Conditional Use Permit, application S, with the following conditions: 1. That all requirements of the Unified Fire Authority are met throughout development of the site. 2. That signage is not approved with the conditional use permit approval. All signage requires separate permits and is required to comply with Chapter 9-26 of the Draper City Municipal Code. 3. That the tenant improvement shall be completed prior to issuance of a business license. 4. That all parking associated with the business is contained on site. This recommendation is based on the following findings: 1. That the proposed use is consistent with the goals, objectives and policies of the General Plan. 2. That the proposed use will not adversely affect adjacent property. 3. That adequate facilities and services exist to serve the subject property, including but not limited to roadways, police and fire protection, storm water drainage systems, water supplies, and waste water and refuse collection. 4. That the proposed use will not cause excessive noise, glare, dust, pollutants or odor. 5. That there is adequate parking on site to accommodate the proposed use. MODEL MOTION Sample Motion to Approve CUP. I move we approve the Underground Cross Fit Conditional Use Permit request by Whitney DeAgostini, application S, based on the findings and conditions listed in the staff report dated May 29, 2015 and as modified by the following: 1. List any additional findings and conditions. Sample Motion to Deny CUP. I move we deny the Underground Cross Fit Conditional Use Permit request by Whitney DeAgostini, application S, based on the following findings: 1. List findings. Underground Cross Fit Conditional Use Permit App. # S 4

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