January 17, 2018 Planning Commission Agenda. Documents: PCA.COURTESY.PDF. January 17, 2018 Packet. Documents:

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1. January 17, 2018 Planning Commission Agenda Documents: 011718.PCA.COURTESY.PDF 2. January 17, 2018 Packet Documents: ITEM A1 - ACCESSORY DWELLING UNIT ORDINANCE.PDF ITEM A2 - COTTAGE HOUSING OVERLAY ZONE.PDF ITEM A3 - DDR 180 ZION PARK BOULEVARD.PDF ITEM A4 - DDR PARKING AREA.PDF ITEM A5 - GRADING PERMIT PARCEL S-CCWS-2.PDF

118 Lion Blvd PO Box 187 Springdale UT 84767 * 435-772-3434 fax 435-772-3952 PLANNING COMMISSION NOTICE AND AGENDA THE SPRINGDALE PLANNING COMMISSION WILL HOLD A REGULAR MEETING ON WEDNESDAY, JANUARY 17, 2018, AT SPRINGDALE TOWN HALL, 118 LION BLVD., SPRINGDALE, UT. THE MEETING WILL BEGIN AT 5:00 PM. Approval of agenda Commission discussion and announcements A. Action Items 1. Public Hearing Ordinance Revision: Addition of standards allowing the long-term rental of accessory dwelling units in the Valley Residential zone 2. Public Hearing Ordinance Revision: Creation of the Cottage Housing Overlay Zone, which would allow cottage neighborhoods (up to six cottages per acre) on large properties in the Valley Residential zone 3. Public Hearing Design/Development Review: Employee housing units on property at 180 Zion Park Boulevard Jack Fotheringham 4. Public Hearing Design/Development Review: Surface parking lot at the corner of Balanced Rock Road and SR-9 Luke Wilson 5. Grading Permit: Parcel S-CCWS-2 (next to the Silver Bear) Luke Wilson 6. Nomination and recommendation for the 2018 Planning Commission Chair and Vice Chair B. Consent Agenda 1. Minutes: December 6 th, January 3 rd C. Adjourn This notice is provided as a courtesy to the community and is not the official notice for this meeting/hearing. This notice is not required by town ordinance or policy. Failure of the Town to provide this notice or failure of a property owner, resident, or other interested party to receive this notice does not constitute a violation of the Town s noticing requirements or policies. If you have questions regarding any of the agenda items, or other community development comments, please contact the Community Development staff at 435-772-3434 or dcd@infowest.com. The Town of Springdale complies with the Americans with Disabilities Act by providing accommodations and auxiliary communicative aids and services for all those citizens in need of assistance. Persons requesting these accommodations for Town-sponsored public meetings, services, programs, or events should call Springdale Town Clerk Darci Carlson (435.772.3434) at least 24 hours before the meeting. Packet materials for agenda items will be available here: http://www.springdaletown.com/agendacenter/planning- Commission-7

ORDINANCE 2018- AN ORDINANCE OF THE SPRINGDALE TOWN COUNCIL ADDING SECTION 10-22-15 AND REVISING RELATED SECTIONS TO MAKE ALLOWANCE FOR LONG TERM RENTAL OF ACCESSORY DWELLING UNITS WHEREAS, the Springdale Town Council finds it beneficial to the town to diversify the housing options available within the town, and WHEREAS, there is currently a lack of moderately priced rental housing available to service industry employees working in the town, and WHEREAS, the Council desires to provide rental housing options to Springdale employees by making allowance for property owners to rent guesthouses, casitas, and similar accessory dwelling units on a long term basis, and WHEREAS, the necessary public notice, public hearings, and other procedures for changes to the zoning ordinance required by Town Ordinance and Utah Code Ann. 10-9a-205 and 10-9a-503 have been met, NOW THEREFORE, be it ordained by the Springdale Town Council that Title 10 of the town ordinance is amended as follows: Section 1: That section 10-22-15 is added to the town code as follows: Section 10-22-15: Accessory Dwelling Units A. Accessory Dwelling Units Defined: An Accessory Dwelling Unit (ADU) is a second dwelling unit on a single-family property that is rented for periods of 90 consecutive days or longer. ADUs may be part of the main residence on a property, or may be contained in a separate structure such as a guesthouse. B. Allowed Zones: ADUs are allowed in the VR zone and VR subzones according to the standards in this section. C. Standards: ADUs must conform to the following standards: 1. The ADU must contain complete cooking and bathroom facilities that are separate from the facilities located in the main residence. a. The cooking facility in the ADU must contain: i. A sink and water faucet, ii. Capacity for food refrigeration, and iii. A permanent, built-in stove top, range, or other similar device for cooking food. b. The bathroom facility in the ADU must contain: i. A sink and water faucet, ii. A toilet, and iii. A shower or bathtub.

2. The ADU must have a separate entrance from the main residence. 3. The owner of the property must occupy either the main residence or the ADU. 4. Two additional parking spaces must be provided for the ADU. 5. ADUs must meet all applicable fire and building codes. 6. The lot where the ADU is located must maintain the single-family appearance and character of the neighborhood, as outlined in section 10-9B-1 of this title. ADUs should be compatible in design and appearance with the main residence on the property. 7. ADUs are limited in size to 1,000 square feet. 8. ADUs should use existing facilities on the property without the need for extensive renovation. No structure or portion of a structure constructed after the effective date of this ordinance may be used as an ADU at any time prior to five years from the date of its construction. 9. Only one ADU per property is permitted. 10. The lot where the ADU is located must be at least one-half acre in size. 11. ADUs may not be used for transient lodging. The minimum rental period for an ADU is ninety (90) days. 12. Only one family is allowed to occupy an individual ADU. Section 2: That Accessory Dwelling Units is added as a permitted use in the VR zone in the table of Permitted, Accessory, and Conditional Uses under the Residential Uses in section 10-7A-2 of the Town Code. PASSED AND ADOPTED by the Springdale Town Council day of, 2018. This ordinance shall be effective upon passage and posting. Mayor Stan Smith Attest: Town Clerk Darci Carlson

ORDINANCE 2018- AN ORDINANCE OF THE SPRINGDALE TOWN COUNCIL ADDING ARTICLE 10-13E REGARDING COTTAGE HOUSING DEVELOPMENTS WHEREAS, the Springdale Town Council finds it beneficial to the town to diversify the housing options available within the town, and WHEREAS, the Council desires to provide opportunities for smaller housing units in a cottage neighborhood development, and WHEREAS, the necessary public notice, public hearings, and other procedures for changes to the zoning ordinance required by Town Ordinance and Utah Code Ann. 10-9a-205 and 10-9a-503 have been met, NOW THEREFORE, be it ordained by the Springdale Town Council that Article 10-13E is added to the town code as follows: COTTAGE HOUSING DEVELOPMENT (CHD) OVERLAY ZONE 10-13E-1: PURPOSE AND OBJECTIVE: The purpose of the Cottage Housing Development Overlay Zone is to further Springdale s housing goals as detailed in the General Plan. Specifically, it is to promote lower cost housing in the private market by encouraging modest house sizes. This type of development will add to the diversity of the Town s housing stock and make available a type of housing that will be more affordable than standard large lot single family alternatives. 10-13E-2: USES IN COMBINATION: A. The CHD zone may be applied to a parcel or parcels of land in combination with existing conventional zones as designated by this title and the provisions of the CHD shall become supplementary to the provisions of the zone with which it is combined. In the event of conflict with the underlying zone, the CHD zone shall apply. All other applicable provisions of this title shall apply. B. Provisions of the CHD zone shall be applied in conjunction with a proposed subdivision. Property to which CHD zone provisions have been approved shall be developed only in conformance with an approved project plan. The rights and restrictions established in the CHD zone shall henceforth run with the land. 10-13E-3: ELIGIBLE ZONES:

The CHD zone may be utilized with the following zones: valley residential (VR) zone, village commercial (VC) zone, and central commercial (CC) zone. 10-13E-4: PERMITTED USES: Uses permitted in the CHD zone shall be single family dwellings and accessory uses to single family dwellings. With the exception of home occupations permitted under the provisions of this title, the CHD zone does not allow commercial uses. Transient lodging of any kind is not allowed in the CHD zone. 10-13E-5: MINIMUM LAND AREA: The minimum land area for applying the CHD zone shall be one (1) acre for all applicable zones. 10-13E-6: PROJECT PLAN APPLICATION AND APPROVAL: A. Form of Application; Notice, Hearing: The standard zone change application form of the town shall be used to submit a request for a CHD zone change. The hearing and notice provisions of section 10-3-2 of this title shall apply. B. Information: The following information must be submitted as part of the CHD zone change application. This information must be presented on plans of professional quality. 1. A tabulation of the total acreage of the site and the percentages thereof to be designated for various uses, i.e., parking, residential units, open space or common space, streets, etc. 2. Proposed circulation pattern, including private driveways, public and private streets, and pedestrian paths. 3. Parks, common open spaces, playgrounds and other public or private recreation facilities and improvements proposed within the project. 4. Project plan; general location of all dwellings and other structures in the CHD. 5. Typical exterior design, if available, for all building types, presented as exterior perspectives or exterior elevations. 6. Conceptual landscaping plans showing the types and sizes of all plant materials and their locations.

7. Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress. 8. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed plan in the manner presented. C. DCD Review: The DCD will review the application to determine if it is complete or requires additional information. If it is complete, the DCD will post a public hearing according to section 10-3-1 of this title for the planning commission review of the application. D. Planning Commission Review: The planning commission may recommend to the town council to approve, approve with conditions or deny the application for CHD zone amendment. If a conditional approval or a denial is recommended, the planning commission shall prepare a report which reviews all proposed conditions, or in the case of a recommending denial of an application, the reasons for the denial. The planning commission shall forward any recommendations for approval, disapproval or modification of the planned cottage housing development to the town council to be considered as a part of the zone change hearing. A complete report shall be submitted within thirty (30) days of the planning commission decision or one week prior to the town council review, whichever is less. E. Town Council Review: The town council may approve a CHD zone change request only after finding that the requirements of this article and any other ordinances or restrictions affecting the property have been satisfied. In granting such approval, the town council may impose and enforce such specific conditions as to site development, phasing and building construction or maintenance and operation as it deems necessary to protect the health, safety and welfare of the residents of the town. F. Preliminary Plat: In the event the town council grants approval of the CHD zone amendment, the applicant shall submit an application for a preliminary subdivision plat to the Planning Commission. The Planning Commission and Town Council will review the preliminary plat according to the procedure established in section 10-14- 7. Said preliminary plat shall be drawn to scale and shall contain the information required by section 10-14-7. In addition, the plat must show: 1. Preliminary utility plan showing the manner in which adequate sewage disposal and water are to be provided to the site, including the point from which said services are to extend. 2. A draft of the declaration of covenants, conditions and restrictions as required herein. Such draft must include the type, character and proposed building height of all buildings.

3. If applicable, a phasing plan, including a construction timetable for all phases. 4. Access approved by the town engineer. G. Final Plat, Project Plan: Prior to the construction of any building or structure in a project within the CHD zone, a final plat and final project plan shall be submitted and reviewed by the planning commission and approved by the town council. Said project plan shall be drawn to scale and, in addition to the information required in subsection B of this section, shall contain the following information: 1. A certified survey of the property showing any survey conflicts with adjoining properties, any discrepancies between the survey descriptions and existing fence lines, and overlaps with adjoining property descriptions. 2. Tabulations of all dwelling units, separated by type to be constructed. 3. Detailed project plan with completed dimensions showing precise locations of all building and structures (if determined), lot or parcel sizes and locations, designations of common open spaces and special use areas, detailed circulation pattern, including proposed ownership and typical cross section of streets. 4. Final draft of the declaration of covenants, conditions and restrictions, together with bylaws and open space easements and other bonds, guarantees or agreements as required herein or as deemed necessary by the planning commission and/or town attorney to meet the objectives of this article. H. Compliance With Development Plan: All development within the CHD zone shall comply with the development plan as approved and adopted by the town council. The development plan and supplementary text materials, after adoption, shall be filed in the offices of the town and all development within the zone shall comply therewith, unless the development plan and supplementary materials are amended as prescribed in section 10-13E-7 of this article. I. Phasing: Cottage neighborhoods may be developed in phases if a phasing plan is presented as part of the project proposal and the phasing plan is approved in conjunction with the Cottage Neighborhood zone change approval. 1. If a phasing plan is approved the first phase of the development must include all of the required access and parking, all the utility and storm drainage infrastructure and the common building (if proposed) required for the entire development. 2. If a phasing plan is approved, all areas in the project must be retained as

undisturbed natural open space, landscape area, or agricultural use area (e.g. pastures, orchards, gardens, etc.) until they are developed in accordance with the phasing plan. 3. If a phasing plan is not approved the Cottage Neighborhood project must be developed as a single construction project, including all the cottages, access and parking, infrastructure, commons and common building (if proposed). 10-13E-7: AMENDMENTS AND MODIFICATIONS: A. Procedure: Any amendments to the development plan prior to the final platting of a subdivision shall be accomplished in the same manner as any other amendment to this title. Revised text and/or plans shall be submitted, along with a zone change request, to the planning commission and shall be reviewed in the same manner as the initial zone change request. The plan as approved by the town council constitutes the zone and any significant change in the plan shall be processed as an amendment to the zone. B. Recording: Any changes or modifications to an approved project plan of development which has been recorded shall be considered an amendment to the plat and shall follow the procedures set forth in section 10-14-13 of this title. Changes to the plat shall be recorded by the town clerk with the county recorder. Recordation fees shall be paid by the applicant. 10-13E-8: VARIATIONS TO ZONE PERMITTED: Upon applying the CHD zone provisions, variations from the development standards of the existing zone may be permitted by the town council, provided the variations are specifically approved and adopted by the town council as part of the approved development plans, final plat and any other supporting documents. Variations, however, shall not include changes in the permitted uses allowed by the zone with which the CHD zone has been combined, except to the extent set forth herein. 10-13E-9: DENSITY AND LANDSCAPING: A. Density: The permitted density in a CHD shall be a maximum of six (6) cottages and one (1) common building per acre. The maximum number of cottages in any CHD is twelve (12). B. Guarantee Of Performance: If the developer fails to fulfill any obligation created by a granting of a CHD approval, the town council may deny all building permits until the developer meets those obligations.

C. Required Landscaping: CHD developments are required to provide at least 40% of the total project area in landscape or natural open space. Individual lots in the development will not be required to meet the landscape area standards of subsection 10-18-4A of this title if the development as a whole meets said standards. D. Landscaping Exemption: If the development provides a public facility or has designated a public pathway, park or other similar public amenity, the planning commission shall allow the developer to include any property dedicated to such purpose in the calculation of the landscape area for the property. 10-13E-10: STANDARDS: Applications for the CHD zone will not be approved unless the Town Council finds all of the following standards have been met: A. All applicable regulations contained in this title have been met. B. The development maintains a high quality living environment within the town that meets the goals of the general plan. C. The proposed development creates no significant detriment to adjacent properties or to the adjacent areas in which it is located. D. Any variation allowed from the development standards of the underlying zone will not create increased hazards to the health, safety or general welfare of the residents of the proposed development or adjacent areas. E. The cottage neighborhood design and layout is compatible with the town s unique rural village character, as identified in Chapter 2 Town Appearance of the General Plan. 10-13E-11: REQUIREMENTS: A project plan established under the provisions of this article shall conform to the following standards and requirements as well as to other applicable ordinances of this title: A. YardSetback Requirements: Yard Ssetbacks for the project boundaries shall conform to the underlying zone unless the developer can prove to the planning commission that a change will provide greater uninterrupted open space, a reduction of visual impact or a desirable increase in the distance from a natural hazard. No more than a fifty percent (50%) reduction of any one yardsetback

requirement may be granted. There are no yardsetback requirements for the individual lots within the CHD. B. Site Size: A minimum site size of one (1) acre is required for a Cottage Housing Development. There is no minimum size for the individual lots within the CHD. C. Cottages/Units per CHD: The permitted density in a CHD shall be six (6) cottages and one (1) common building per acre. CHDs that are larger than one acre are permitted up to 6 additional cottages (at the density of 6 cottages per acre). The maximum number of total units per CHD is 12 cottages. D. Building Footprint: Individual cottage building footprints shall not exceed 1,000 sq. ft. The building footprint does not include porches unless they are covered by a second story. E. Total Floor Area: Total floor area for an individual cottage shall not exceed 1,500 sq. ft., counting all floors in a cottage except for basements. Covered front porches are not included in building size. F. Distance Between Cottages: Cottages shall be separated by at least fifteen (15) feet. G. Commons: At least one commons area is required for all CHDs. All cottages in a CHD must be positioned around and have walking access to a commons area. The required size of a commons is 500 sq. ft. per cottage unit, with a minimum size of 1,500 square feet. No more than 8 cottages may be positioned around one commons and each commons must be clearly delineated. Commons areas may be landscaped area, open space, or serve a recreational or functional purpose (e.g. a community garden or a playground). Parking areas do not qualify as commons areas. H. Common Building: The CHD common building (if developed) shall be a maximum of 1,000 square feet, unless the common building includes storage area as allowed elsewhere in this section. The common building shall be one story and no more than 20 feet in height. I. Parking Requirements: The number of parking spaces required for CHDs shall be two (2) spaces per cottage. All other requirements of chapter 23 of this title shall apply. The layout and design of the parking area or areas must promote a rural village character (as identified in the General Plan) within the CHD. Parking areas must be located or screened in such a way that they are obscured from view from SR-9. J. Architectural Standards: All cottages in the CHD must conform to the following architectural standards:

1. All cottages must be designed with a minimum 3/12 pitch roofline. 2. All cottages must include a covered front porch area. 3. All cottages in the CHD must complement each other in design such that there is a common design theme in the CHD. However, cottages may not be exact duplicates of each other. Each cottage must be readily distinguishable as unique and different from the other cottages in the CHD. 4. Two cottages in a CHD may be joined together in a single structure as long as each of the cottages retains its unique identity and no more than 1/3 of the cottages in the CHD are joined to another cottage. Cottages joined together pursuant to this standard are exempt from the distance between cottages regulation. K. Building Height: Cottages are limited to twenty (20) feet in height. L. Outdoor storage is not allowed in CHD zones. CHD projects must make accommodation for storage of yard equipment, recreational equipment, and other similar items typical of single family residences. Storage space may be included in the common building. If storage space is included in the common building the size of the common building may be increased by 50 square feet for each cottage in the development. M. Cottages, common buildings, and covered parking areas are the only structures allowed in a CHD. N. Cottages must be owner-occupied, or rented to long-term tenants for periods of not less than 90 days. 10-13E-12: OPEN SPACE STANDARDS: Cottage Housing Developments shall preserve open space within the development in accordance with the following standards: A. CHD s shall preserve as much contiguous open space within the development as possible. B. The following areas shall receive priority for preservation as contiguous open space. 1. Wildlife corridors. 2. Flood hazard areas and riparian areas.

3. Recreational areas such as recreational trail corridors and river access. 4. Areas adjacent to SR-9. 5. Areas that preserve significant view corridors. 6. Areas contiguous to protected open space on adjacent properties. 10-13E-13: SITE LOCATION CRITERIA Cottage Housing Developments shall be located according to the following criteria: A. No portion of any CHD may be within one thousand (1,000) feet of any portion of another CHD. B. In addition to meeting the minimum acreage requirement, a CHD shall have sufficient developable acreage to accommodate all required improvements without impacting steep slopes, flood hazard areas, or other sensitive lands. C. A CHD must have direct access from a dedicated public street. D. A CHD must be located and developed such that it will not detrimentally impact views as seen from SR-9. PASSED AND ADOPTED by the Springdale Town Council day of, 2018. This ordinance shall be effective upon passage and posting. Mayor Stan Smith

Attest: Town Clerk Darci Carlson

Memorandum To: Planning Commission From: Thomas Dansie, Town Planner Date: January 12, 2018 Re: January 17, 2018 Planning Commission Meeting DDR: Employee Housing Addition at 180 Zion Park Boulevard Overview Jack Fotheringham has applied for Design/Development Review for a second story addition at the Subway building at 180 Zion Park Boulevard. The project will convert two existing transient lodging units to three employee housing units. There is currently a second story over the middle section of the building. The proposed addition will add approximately 361 square feet of second story space on both sides of the existing second story, as well as 252 square feet the rear of the existing second story. The property is in the Village Commercial zone. The project is less than 1,000 square feet in area. However, due to the project s potential to impact the view of the building from the street the review is being brought to the Planning Commission. Applicable Ordinances The Commission should review the following code chapters or sections: 1. Chapter 10-11B: Village Commercial Zone 2. Chapter 10-16: Architectural Standards and Design Guidelines Staff Analysis Building Size The maximum building size in the VC zone is 5,000 square feet. The existing building measures approximately 3,800 square feet. The proposed addition measures 974 square feet. With the proposed addition the building will measure approximately 4,774 square feet. Setbacks Setbacks in the VC zone are 30 feet in the front, 10 feet on the sides, and 20 feet in the rear. The existing building meets all these required setback distances. The proposed second story addition will similarly meet these setback requirements. Building Height The maximum building height for this VC zone is 26 feet. The existing building measures approximately 22 feet in height. The proposed addition will follow the same roof line as the existing building, and will thus be incompliance with the height limit for the VC zone. Illumination No new outdoor illumination will be added with the proposal. Two existing outdoor light fixtures will be removed as part of the project. 1

Colors and Materials The new addition will match the existing colors and materials on the building: tan stucco and brown asphalt shingle roof. Parking The parking required for the property is shown below: Approx. 2,000 sf Restaurant Dining Area (indoor and outdoor): Restaurant employees: Three Employee housing units: Total: 10 spaces 3 spaces 4.5 spaces 18 spaces The applicant s site plan shows 23 parking spaces, plus motorcycle parking. There is sufficient parking on the property to support the project. Natural Hazards The property is located next to the toe of the Springdale landslide. The Commission has received comment from the public regarding the impact of the natural hazards associated with the landslide on the proposed development. Section 10-11B-12(A) of the Town Code states that persons developing property bear the responsibility to protect people and property from unreasonable risk of natural hazard. The Commission is welcome to discuss this section of code with relation to the natural hazards that may be on the property. Planning Commission Findings Staff recommends the Commission make specific findings regarding the proposed design/development review as follows: 1. Does the proposed structure meet the zoning standards for the VC zone? 2. Does the proposed structure meet the Town s architectural standards and design guidelines? Sample Motion Language The Planning Commission Approves/Denies the proposed Design/Development Review for 180 Zion Park Boulevard. The motion is based on the following findings: List findings 2

Memorandum To: Planning Commission From: Thomas Dansie, Town Planner Date: January 12, 2018 Re: January 17, 2018 Planning Council Meeting Design Development Review: Public Parking Area on Parcel S-102-B-4-A Luke Wilson Overview Luke Wilson has requested a Design/Development Review for a public pay parking area on parcel S-102- B-4-A, located at the intersection of Balanced Rock Road and SR-9. The property is 1.58 acres in area, however most of the property is covered in steep slopes. The toe of the Springdale landslide encroaches onto the property. The property is being contemplated as the location of a parking structure. However, development of the parking structure has been delayed by administrative and engineering issues. The applicant is proposing to develop a surface lot on the property while the parking structure approval process continues. The Commission recently approved a grading permit for this property. The proposed surface lot will not require as much grading as approved under the grading permit. The applicant is aware that the setbacks proposed in the application do not meet the requirements of the VC zone. The applicant has applied for a variance to allow the reduced setbacks. The variance hearing is scheduled for January 24. Any approval the Commission may wish to give on the parking area should be contingent on the variance being approved. Applicable Code Sections The Commission may wish to review the following chapters prior to the meeting: Chapter 10-11B Village Commercial Zone Staff Analysis Setbacks The parking area must meet setbacks for the VC zone. These setbacks are 30 feet in the front, 10 feet on the sides, and 20 feet in the rear. However, because the lot is a corner lot the side adjacent to Balanced Rock Road also has a 30-foot front setback. The proposed parking area uses the same setbacks that were approved for the parking structure (five feet from front and side). The applicant is aware that these setbacks do not meet the requirements for the VC zone and has requested a variance. Any approval the Commission may grant should be contingent on approval of the variance. Landscape The landscape ordinance requires the property to be at least 60% landscape or natural open space, with at least 30% of the property being landscaped. The vast majority of the property will be left in natural open space over 60% of the property. The area around the parking area and between the parking area and paved highway will be landscaped. The applicant has included limited details on landscape in the (1)

application. Staff has discussed landscaping with the applicant in more detail. The applicant plans on installing landscape with plant selections from the Town s approved plant palette. Landscape will be placed between the head-to-head rows of parking, at the end of each row of parking, and in front of the parking area. The Commission may wish to ask the applicant for a landscape plan showing these landscape areas. Grading As discussed above, the parking area will not be graded to the extant previously approved with the grading permit. However, staff recommends all the conditions of the grading permit remain in force (notably the prohibition against disturbing the toe of the landscape). Storm Drainage The applicant has not submitted a storm water management plan. Staff has discussed the need to manage storm water on the property. The applicant is working storm water management details. Staff recommends a condition of approval the requires the applicant to submit a storm water management plan prior to the issuance of a building permit. Access The applicant will be required to work with UDOT on securing access from the highway into the property. Lighting No lighting is proposed for the parking area. Findings The Commission should consider the following questions in making findings regarding the proposed public parking area: 1. Will the parking area comply with the standards for parking areas in the Village Commercial zone? Sample Motion The Planning Commission recommends APPROVAL/DENIAL of the proposed Public Parking Area Design/Development Review on parcel S-102-B-4-A. This recommendation is based on the following findings: [List findings] If making a motion to recommend approval of the restaurant the Commission may wish to include the following conditions: 1. The Town Engineer must review and approve plans for storm water management prior to a permit being issued for the parking area. 2. The parking area does not meet the required 30-foot front and side setbacks. Approval for the parking area is conditional upon receiving approval of a variance to reduce the front setback. 3. The applicant must submit a more detailed landscape plan for the property, including a plan to ensure the required landscape around the parking area is irrigated until it becomes established. (2)

4. The applicant must obtain approval from UDOT for access from the parking area onto SR-9. (3)

30' wide drive lane to street ADA loading zone ADA ADA sidewalk to street right of way loading zone 95 PARKING STALLS 5'-0" 5' SETBACK ON GRADE PARKING LOT SITE PLAN SCALE: 1/16 = 1-0 N SR-9 ROAD GOULD A R C H I T E C T S BALANCE ROCK ROAD

Memorandum To: Planning Commission From: Thomas Dansie, Director of Community Development Date: January 12, 2018 Re: January 17, 2018 Planning Commission Meeting Grading Permit: Parcel S-CCWS-2 Summary Luke Wilson has applied for an excavation permit to place dirt from the SR-9 project on parcel S-CCWS-2, located north of the Silver Bear. The fill dirt is being placed on the property in an effort to elevate the rear portion of the property out of the FEMA flood hazard area. Based on estimates from the applicant s engineer, approximately two feet of fill will be required to be placed on the rear of the property to elevate it out of the flood hazard area. Applicable Ordinances The Commission may wish to review the following ordinances prior to the meeting: 1. Chapter 10-15B: Grading Standards Analysis The Commission should review the standards for grading in chapter 10-15B. Based on the nature of the property staff recommends the Commission focus the grading review on revegetation standards and impacts, future building height, and flood hazard requirements. Revegetation Section 10-15B-4(B) of the Town Code requires all areas disturbed during grading activities to be revegetated. The proposed grading will disturb a fairly large area. The disturbed area has the potential to be filled with invasive weeds (tumbleweeds, thistle, cheat grass, etc.) in the absence of appropriate revegetation. Staff recommends a condition of approval that requires the graded area to be revegetated with native seed mix and drought tolerant vegetation according to the standards in section 10-15B-8 of the Town Code. The Code also requires mature native vegetation that is removed from the property to be replaced at a 2:1 ratio. According to the applicant, one or two mature Cottonwood trees will need to be removed as part of the project. These will need to be replaced at a 2:1 ratio with replacement plants of the same or similar species. Future Building Height The Town s building height measurement method measure building height from natural grade, not fill grade. Thus, placing fill on the property will impact the height of future buildings on the property. Staff recommends a condition of approval that requires the applicant to place a benchmark on the property to be able to document the amount of fill that is placed on the property and to aid in future building height measurement. 1

Flood Hazard Impacts The applicant is placing fill on the property to elevate it out of the flood hazard area. This process requires a Letter of Map Revision (LOMR) process with FEMA. Staff recommends a condition of approval that requires the applicant to go through the LOMR process with FEMA prior to any future development on fill area. Findings and Sample Motion The Commission should make findings regarding the proposed project s compliance with grading standards established in section 10-15B of the Town Code. Based on these findings the Commission should make a motion to approve or deny the project. The Commission may use the following language as a template for findings and motion: The Planning Commission APPROVES/DENIES the grading permit for parcel S-CCWS-2. The motion is based on the following findings: [LIST FINDINGS] If making a motion of approval, the Commission may wish to attach the following conditions: 1. The property owner must revegetate the graded area with native seed mix and drought tolerant vegetation according to the standards in section 10-15B-8 of the Town Code. 2. All mature vegetation that exceeds six feet in height and that is removed from the property during the project must be replaced at a 2:1 ratio with plants of the same or similar species. 3. The applicant must go through the LOMR process with FEMA for all fill placed in the current flood hazard area prior to any development being allowed in that area. 2

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