PLANNING COMMISSION AGENDA Notice is hereby given that the Draper City Planning Commission will hold a Regular Meeting, at 5:30 p.m., on Thursday, September 11, 2014 in the City Council Chambers at 1020 East Pioneer Road. 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 1 st floor Study Business Items Business Meeting: 6:30 p.m., City Council Chambers on the 1 st floor Citizen Comments: To be considerate of everyone attending the meeting, public hearing comments will be limited to three minutes per person per item. A spokesperson who has been asked by a group to summarize their concerns will be allowed five minutes to speak. Comments which cannot be made within these limits should be submitted in writing to the City Recorder prior to noon the day before the meeting. 1. Action Item: On the request of Nate Shipp, representing DAI for approval of a Zoning Map Amendment and Zoning Text Amendment creating a new Master Planned Community (MPC) zone and rezoning approximately 61.052 acres at about 2025 E. Stoneleigh Drive to the new MPC zone. The applications are otherwise known as the Edelweiss Zoning Map Amendment and Zoning Text Amendment Request, Application # s 140515-2025E-1 & 2. Staff contact is Dan Boles at 801-576-6335 or email Dan.Boles@draper.ut.us. This item was continued from the August 28, 2014 Planning Commission meeting. 2. Public Hearing: On the request of Ryan Kimball, representing Draper Business District, LLC for approval of a Text Amendment creating the White Mountain Business District Commercial Special District (CSD-WMBD) and rezoning the approximately 38.68 acres of property located at about 220 W. Golden Harvest Road from M1 (Light Manufacturing) to the newly created CSD- WMBD zone. The applications are otherwise known as the White Mountain Business District Text Amendment and Zoning Map Amendment Requests, Application # s 140515-2025E-1 & 2. Staff contact is Jennifer Jastremsky at 801-576-6328 or email Jennifer.Jastremsky@draper.ut.us. 3. Public Hearing: On the request of Tony Benich, representing Biche Boards, LLC. for approval of a Home Occupation Conditional Use Permit (CUP) in the RA2 (Single Family Residential) zone to allow an at home business assembling long boards at 13527 S. Fair Hill Court. The application is otherwise known as the Biche Boards Home Occ. CUP Request, Application #140819-13527S. Staff contact is Dan Boles at 801-576-6335 or email Dan.Boles@draper.ut.us.
Planning Commission Agenda September 11, 2014 Page 2 4. Public Hearing: On the request of Adam and Alisha Page for approval of a Home Occupation Conditional Use Permit (CUP) in the R3 (Single Family Residential) zone to allow an at home business creating custom window and door screens at 331 W Election Road. The application is otherwise known as the Clean Cut Screens, LLC. Home Occ. CUP Request, Application #140709-331W. Staff contact is Jennifer Jastremsky at 801-576-6328 or email Jennifer.Jastremsky@draper.ut.us. 5. Public Hearing: On the request of Matt Wollam and Guy Wollam, representing CW Investments for approval of a Site Plan for commercial uses on the formerly residential property at approximately 12764 S. Pony Express Road and to approve a Conditional Use Permit (CUP) for Construction Sales and Service use classification and Outdoor Storage. The applications are otherwise known as the CW Investments Site Plan and CUP Requests, Application # s 140628-12764S 1&2. Staff contact is Jennifer Jastremsky at 801-576-6328 or email Jennifer.Jastremsky@draper.ut.us. 6. Public Hearing: On the request of Ken Watson, representing Ivory Development for approval of a Preliminary Plat on approximately 9.02 acres in the RM1 (Residential Multi-Family) zone at 12052 South 300 East to allow a 34 lot, single-family residential subdivision with a Development Agreement. The application is otherwise known as the Redmond Place Preliminary Plat Request, Application #140717-12052S. Staff contact is Dan Boles at 801-576-6335 or email Dan.Boles@draper.ut.us. 7. Public Hearing: On the request of G. Chas Johnson, representing Bangerter Clinic, LLC. for approval of a Site Plan for a medical office building on roughly 1.2 acres in the CC (Community Commercial) zone at 13957 S. Bangerter Pkwy. The applications are otherwise known as the Foothill Family Clinic Site Plan Requests, Application #140717-13957S. Staff contact is Jennifer Jastremsky at 801-576-6328 or email Jennifer.Jastremsky@draper.ut.us. 8. Staff Reports a) Discussion Items b) Administrative Reviews c) Other Items 9. Adjournment 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 Thursday, September 11, 2014, were posted on the Draper City Bulletin Board, Draper City website www.draper.ut.us, the Utah Public Meeting Notice website at www.utah.gov/pmn, and sent by facsimile to The Salt Lake Tribune, and The Deseret News. City Seal Rachelle Conner, MMC, City Recorder Draper City, State of Utah Times listed above are approximate. Items may be held earlier or later than listed. For inquiries, please call the Planning Department, at 576-6539. In compliance with the American s with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Rachelle Conner, Draper City Recorder, 576-6502, at least 3 days prior to meeting.
Development Review Committee 1020 East Pioneer Road Draper, UT 84020 (801) 576-6539 STAFF REPORT September 2, 2014 To: From: Draper City Planning Commission Business Date: September 11, 2014 Development Review Committee Prepared By: Dan Boles, AICP, Senior Planner Planning Division Community Development Department Re: Biche Boards Conditional Use Permit Request Application No.: 140819-13527S Applicant: Tony Benich, representing Biche Boards Project Location: 13527 South Fair Hill Court Zoning: RA2 Residential Zone Acreage: 0.45 Acres (Approximately 19,602 ft 2 ) Request: Request for approval of a Conditional Use Permit in the RA2 Residential zone to allow an at home business assembling long boards. SUMMARY & BACKGROUND This application is a request for approval of a Conditional Use Permit on approximately 0.45 acres located in the Steeplechase phase two subdivision, at 13527 South Fair Hill Court. The property is currently zoned RA2 Residential. The applicant is requesting that a Conditional Use Permit be approved to allow a home based business assembling long boards. The applicant has lived in the home for twelve years. ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the Residential Hillside Low Density land use designation for the subject property. Additionally, the property has been assigned the RA2 Residential zoning classification, a single-family residential designation. The RA2 Residential zoning designation is identified by the General Plan as a preferred zoning classification for the Residential Hillside Low Density land use designation. The property is completely surrounded by RA2 zoning on all sides. Draper City Municipal Code (DCMC). The type of business being requested has been determined to be classified a Cottage Business use. Cottage businesses are defined in Chapter 9-3 of the Draper City Municipal Code (DCMC) as A business where products are created in the home. The products are unique in nature, such as handicraft, art, and jewelry. Limited food production can also be considered. Biche Boards App. # 140819-13527S Conditional Use Permit Request 1
Anything that uses a material, a mixture of materials or a quantity of materials that could be classified by the Fire Marshal or Building Official as dangerous or hazardous will not be allowed. The Fire Marshall and Building Official have investigated this potential business and have found no reason to believe that hazardous materials are being used. Chapter 9-10 of the DCMC details, in part, the permitted and conditional uses for the various residential zones within Draper City, including the RA2 zone to which the subject property has been assigned. Table 9-10-1 within that chapter declares home occupations to be permissible uses based on the terms of Chapter 9-34 which governs home occupations. Section 9-34-050 calls out Cottage Business as a permissible home occupation class following the application for and approval of a Conditional Use Permit, which has led to the current request. Currently, there are no home occupation business licenses on the street. There are however, more home occupation businesses in the general vicinity. Parking and Site Plan Layout. The property contains one single family home. The applicant is not proposing to use the home at all but would instead use a 1,060 ft² detached garage on the property. The garage is situated to the side and rear of the house. The applicant would have no customers come to the home but would send and receive shipments from UPS from time to time. The applicant anticipates no more than one visit from UPS per day. The property has a large driveway that could accommodate parking but is not proposing to have any customers come to the home. Home Occupation Criteria. The City Code outlines development standards applicable to all home occupations. Those standards are found in Section 9-34-040 of the Draper City Municipal Code. Those criteria, along with information specific to the subject request, are as follows: (a) (b) (c) (d) (e) Ownership. The home occupation shall be owned and operated by a person who resides in the dwelling where the home occupation is located. Such person shall be the primary provider of the labor, work, or service provided in the home occupation. The business owner is the owner of the home. Business License. A business license for the home occupation shall be obtained from and continually maintained with the City pursuant to Chapter 6-11 of the Draper City Municipal Code. The applicant will be required to maintain a valid Draper City Business License throughout the operation of the business. Employees. Members of the family of the owner who reside in the dwelling may be employed in the home occupation. Non-family or non-resident employees shall be limited to one person. The applicant and members of the family that live in the home are the only employees for the proposed home occupation. Per City ordinance, the applicant can have members of the household as well as one outside employee if desired. Inspection. All facilities shall comply with fire, building, plumbing, electrical and all other city, county, state and federal codes. Inspections during reasonable hours by City officials may occur as necessary to assure compliance with regulations. The proposed home occupation will be subject to all required inspections associated with receiving a Business License and operating a business. Inventory. No stock in trade, inventory, or other merchandise to exceed 250 square feet shall be kept on the premises. No outside storage is allowed. The proposed home occupation will not have any outside storage. The stock and inventory that will be at the home at any given time could exceed the 250 square feet if orders get busy, though the applicant anticipates being able to comply with this requirement most of the time. Biche Boards App. # 140819-13527S Conditional Use Permit Request 2
(f) (g) (h) (i) (j) (k) Modification of Structures or Yards. There shall be no visible evidence from the exterior of a dwelling that it is being used for any other purpose than that of a dwelling. Yards surrounding the dwelling and accessory buildings shall not be used for storage of the home occupation use. No activities shall be carried on outside the dwelling in the yard for the benefit of or incidental to the home occupation. No front yard area shall be altered to provide parking required for a home occupation. There are no structural or aesthetic alterations needed to the home or property to accommodate the proposed home occupation. Nuisance. Tools, items, equipment, or activities conducted within the dwelling which is offensive or noxious by reason of the emission of odor, smoke, gas, vibration, magnetic interference, or noise shall be prohibited. The proposed home occupation should produce no nuisances to neighboring property owners. The boards are all cut at a workshop in West Valley and are simply painted and trucks and wheels are attached to the board at the home. It is not anticipated that this will cause any offensive noise or activity discernible on the outside of the garage. Secondary Use. The home occupation shall be clearly incidental and secondary to the primary use of the dwelling for residential purposes. The home occupation shall not disrupt the normal residential character of the neighborhood in which the residence is located. Not more than twenty-five percent (25%) of the dwelling unit shall be used for the home occupation. The proposed home occupation is clearly incidental and secondary to the residential use of the property and the neighborhood. County records declare the home to be approximately 6,700 ft² finished area and the detached garage to be approximately 1,073 ft². Signs. All signage in a residential area must comply with the Draper City Sign Ordinance (Chapter 26 of [the Draper City Municipal Code]). The proposed home occupation would be permitted the standard signage allowances dictated in Chapter 9-26 of the Draper City Municipal Code, should the applicant desire and apply for such signage. No signage is being applied for at this time. Traffic, Parking, and Access. No home occupation use shall generate pedestrian, parking, or vehicular traffic in excess of that customarily associated with the zone in which the use is located. All parking shall be provided and maintained on-site with adequate provision for drop-off traffic. Some traffic will be generated as a result of the home occupation but only by the UPS trucks that will run as a shipment is needed. He anticipates a shipment of wheels and trucks in every two to three weeks and potentially a shipment of boards out once a day. No other traffic will be associated with the business as no customers or outside employees will come to the home. Vehicles. Other than the business owner s personal transportation, there shall be no vehicles or equipment on the property associated with the home occupation which would not normally be found at a residence. No signage for the home occupation shall be allowed on vehicles. The proposed home occupation will have no vehicles associated with the business alone or beyond that used and intended for the homeowner s personal transportation. Biche Boards App. # 140819-13527S Conditional Use Permit Request 3
(l) (m) (n) (o) (p) (q) Yards. Yards surrounding the dwelling and accessory buildings shall not be used for any activities or storage of any materials associated with the home occupation. The proposed home occupation will have no involvement with the property on the outside of the home. Customers. No customers allowed. Children accessing a limited day care or limited preschool facility shall not be considered customers. No customers will come to the home. Utility Demand. The home occupation shall not cause a demand for public utilities in excess of that necessarily and customarily provided for residential uses. The proposed home occupation should have no impact on the utility system of the city or the subject area of the community. Main Structure. The home occupations shall be conducted, located, and contained within the primary structure on the property. As previously stated, this is one of the conditions of the ordinance from which the applicant is seeking relief. He proposes to use the roughly 1,000 ft² detached garage as the base for the business. Single-Family Dwellings. Home occupations listed as permitted in Section 9-34-030 of this Title and which fully comply with the terms of this subsection may be permitted in a multiple-family dwelling. Home occupations which are not listed as permitted in Section 9-34-030 of this Title and/or which require a Conditional Use Permit to alter the standards of this section shall not be permitted in a multiple-family dwelling or development. The subject property for which the proposed home occupation is to be located is a single-family dwelling as required. Licensure. Any home occupation involving child care shall comply with all applicable State and local laws and regulations regarding residential child care, including, but not limited to provisions of the Utah Child Care Licensing Act, as set forth in Utah Code Ann. 26-39-101, et seq., as amended, and the Residential Certificate Child Care Standards as set forth in the Utah Admin. Code R430-50-1, et seq., as amended. In addition, Cottage Food Production Operations are regulated and inspected by the Utah Department of Agriculture. Any food-related home occupation under their jurisdiction must comply with these regulations. The proposed home occupation does not involve child care or food. Criteria For Approval. The criteria for review and potential approval of a Conditional Use Permit request is found in Section 9-5-080(e) of the Draper City Municipal Code. This section depicts the standard of review for such requests as: (e) Approval Standards. The standards of this subsection shall apply to the issuance of a Conditional Use Permit. (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. Biche Boards App. # 140819-13527S Conditional Use Permit Request 4
(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: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) the harmony and compliance of the proposed use with the objectives and requirements of the City s General Plan and this Title; the suitability of the specific property for the proposed use; whether the proposed use or facility may be injurious to potential or existing development in the vicinity; the economic impact of the proposed facility or use on the surrounding area; the aesthetic impact of the proposed facility or use on the surrounding area; 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; 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 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. (5) The Planning Commission may request additional information as may be reasonably needed to determine whether the requirements of this Subsection (e) can be met. REVIEWS Planning Division Review. The Draper City Planning Division has completed their review of the Conditional Use Permit submission and has issued a recommendation for approval for the request with the following proposed conditions: 1. That all requirements of the Unified Fire Authority and Draper City Building Official are satisfied throughout the operation of the home occupation on the property. 2. That the home occupation continually maintains a valid Draper City Business License throughout its operation. 3. That the proposed home occupation is required to maintain approval and adequate licensure from any and all State agencies prior to receiving a business license. Engineering and Public Works Divisions Review. The Draper City Engineering and Public Works Divisions have completed their reviews of the Conditional Use Permit submission and have issued a recommendation for approval for the request with the following comments: 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. Biche Boards App. # 140819-13527S Conditional Use Permit Request 5
2. 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; 3. 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 community; 4. The proposed use appears to comply with the regulations and conditions specified in the Draper City Municipal Code and appears to be in harmony with the intent of the Draper City General Plan. Building Division Review. The Draper City Building Division has completed their review of the Conditional Use Permit submission and has issued a recommendation for approval for the request without further comment. Unified Fire Authority Review. The Unified Fire Authority has completed their review of the Conditional Use Permit submission and has issued a recommendation for approval for the request with the following proposed condition: 1. 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. The applicant has expressed a desire for approval of a conditional use permit at the subject property and to do so in a manner which is compliant with the City Code. As such, notice has been properly issued in the manner outlined in the City and State Codes. STAFF RECOMMENDATION Staff recommends approval of the request for a Conditional Use Permit by Tony Benich, representing Biche Boards, application 140819-13527S, subject to the following conditions: 1. That all requirements of the Unified Fire Authority and Draper City Building Official are satisfied throughout the operation of the home occupation on the property. 2. That no parking associated with or caused by the proposed home occupation be located within any public right-of-way. 3. That the home occupation continually maintains a valid Draper City Business License throughout its operation. 4. That the proposed home occupation is required to maintain approval and adequate licensure from any and all State agencies prior to receiving a business license. 5. That all other aspects of the home occupation ordinance This recommendation is based on the following findings: 1. The proposed home occupation meets the intent, goals, and objectives of the Draper City General Plan by: a. increasing the diversity of business offerings while ensuring the sustainability of the economy and improving general quality of life; b. fostering new and existing economic activities and employment opportunities that are compatible with Draper s lifestyle; Biche Boards App. # 140819-13527S Conditional Use Permit Request 6
c. encouraging and supporting a diversity of businesses; and d. encouraging a diverse array of goods and services being provided for consumers. 2. The proposed home occupation meets the requirements and provisions of the Draper City Municipal Code. 3. The proposed home occupation will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 4. The proposed home occupation will not alter the general aesthetic and physical development of the area. 5. The proposed home occupation requires no utility or public services beyond that which the residence already requires, thereby safeguarding and ensuring the adequacy of utilities in the area. 6. The subject property is well suited to accommodate the addition of the proposed home occupation. 7. The proposed home occupation will not emit noxious or offensive emissions such as noise, glare, dust, pollutants, and odor. MODEL MOTIONS Sample Motion for Approval I move we approve the Conditional Use Permit Request by Tony Benich, representing Biche Boards to allow assembly of long boards, application 140819-13527S, based on the findings and subject to the conditions listed in the Staff Report dated September 2, 2014 and as modified by the conditions below: 1. List any additional findings and conditions Sample Motion for Denial I move we deny the Conditional Use Permit Request by Tony Benich, representing Biche Boards to allow assembly of long boards, application 140819-13527S, based on the following findings: 1. List any findings Biche Boards App. # 140819-13527S Conditional Use Permit Request 7
Biche Boards App. # 140819-13527S Conditional Use Permit Request 8
EXHIBIT A ANSWERS TO QUESTIONS FROM APPLICANT
EXHIBIT B LETTER FROM NEIGHBOR
Development Review Committee 1020 East Pioneer Road Draper, UT 84020 (801) 576-6539 STAFF REPORT September 3, 2014 To: From: Draper City Planning Commission Business Date: September 11, 2014 Development Review Committee Prepared By: Jennifer Jastremsky, AICP, Planner II Planning Division Community Development Department Re: Clean Cut Screens, LLC Conditional Use Permit Request Application No.: 140709-331W Applicant: Adam and Alisha Page Project Location: 331 W Election Road Zoning: R3 (Single Family Residential) Zone Acreage: 0.11 Acres (Approximately 4,791.6 ft 2 ) Request: Request for approval of a Home Occupation Conditional Use permit in the R3 (Single Family Residential) zone regarding a home based business creating custom window and door screens. SUMMARY This application is a request for approval of a Home Occupation Conditional Use Permit for approximately 0.11 acres located on the south side of Election Road, at approximately 331 West Election Road. The property is currently zoned R3 (Single-family Residential). The applicant is requesting the permit so they can operate a custom window and door screen business from their property. BACKGROUND The property was developed in 1997, with a detached garage and home built at the same time. The applicant would like to use a portion of the 2-car detached garage as a studio for creating custom door and window screens. Customers are planned to patronize the site for placing and picking up orders, in conjunction with a business website. ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the Residential Medium Density land use designation for the subject property. This category will typically contain densities which range from two to four single family detached dwellings units per acre. It also states that the Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 1
designation is characterized by variations and mixing of lot sizes, setbacks, and residential development forms. The property has been assigned the R3 (Single-family Residential) zoning classification, supporting approximately three dwelling unit per acre. The purpose of the R3 zone is to provide incentives to foster residential development with little impact on its surroundings and on municipal services and to generally preserve the semi-rural character called for in the Density Element of the General Plan. The RA2, R3 and R4 zoning designations are identified by the General Plan as a preferred zoning classification for the Medium Density Residential land use designation. The R3 zoning district abuts the subject property on all four sides. The property was developed as a PUD (Planned Unit Development) with a Development Agreement, which allowed smaller lot sizes. The R3 zoning district minimum lot size is 13,000 square feet. Inauguration Subdivision was approved with a maximum amount of dwelling units allowed, rather than a minimum lot size. This resulted in lots roughly 5,000 square feet in size. Draper City Municipal Code (DCMC). Chapter 9-10 DCMC details, in part, the permitted and conditional uses for the various residential zones within Draper City, including the R3 zone to which the subject property has been assigned. Table 9-10-1 declares home occupations to be permissible uses based on the terms of Chapter 9-34 which governs home occupations. Section 9-34-060 states that a business which does not met the home occupation standards may be established with a Conditional Use Permit. The applicant is requesting to locate their business operations within a detached structure, to have one business vehicle, to emit noise and to allow customers at the property. DCMC Section 9-34-040 (g) (k) (l) (m) and (o) does not allow accessory structures to be used as part of a home occupation, does not allow business vehicles, prohibits noise and does not allow customers to visit the home, thus requiring a Conditional Use Permit. Site Plan Layout. The property contains one single family home and a detached garage. The applicant has set aside half of the detached garage for the business. The space is 10-feet wide by 20-feet deep. The space will include inventory and work area, including a 10-inch chop saw. The chop saw has a decibel level of 85, per an application test conducted by the applicant. According to the Development Agreement for Inauguration Subdivision, garages are not required; however, storage of boats, cars and other vehicles shall take place in driveways or within a garage. Guess parking is allowed on the public street. With the utilization of one parking space within the two car garage for the business, and a driveway which is 55-feet deep, the applicant can provide three off street parking spaces. Home Occupation Criteria. The City Code outlines development standards applicable to all home occupations. Those standards are found in Section 9-34-040 of the Draper City Municipal Code. Those criteria, along with information specific to the subject request, are as follows: (a) Ownership. The home occupation shall be owned and operated by a person who resides in the dwelling where the home occupation is located. Such person shall be the primary provider of the labor, work, or service provided in the home occupation. The business owner is the owner of the home. Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 2
(b) Business License. A business license for the home occupation shall be obtained from and continually maintained with the City pursuant to Chapter 6-11 of the Draper City Municipal Code. The applicant will be required to maintain a valid Draper City Business License throughout the operation of the business. (c) Employees. Members of the family of the owner who reside in the dwelling may be employed in the home occupation. Non-family or non-resident employees shall be limited to one person. The applicant has no employees at this time. As the business grows they would like to eventually have one employee, as allowed. (d) Inspection. All facilities shall comply with fire, building, plumbing, electrical and all other city, county, state and federal codes. Inspections during reasonable hours by City officials may occur as necessary to assure compliance with regulations. The home occupation will be subject to all required inspections associated with receiving a Business License and operating a business. In addition, the recommended conditions of approval include a building and fire inspection to ensure the safety of the saw. (e) Inventory. No stock in trade, inventory, or other merchandise to exceed 250 square feet shall be kept on the premises. No outside storage is allowed. Any storage will take place in the detached garage and specifically in the area set aside for the business. (f) Modification of Structures or Yards. There shall be no visible evidence from the exterior of a dwelling that it is being used for any other purpose than that of a dwelling. Yards surrounding the dwelling and accessory buildings shall not be used for storage of the home occupation use. No activities shall be carried on outside the dwelling in the yard for the benefit of or incidental to the home occupation. No front yard area shall be altered to provide parking required for a home occupation. No yard space will be modified or used for the home business. All creation of the screens will take place within an existing detached garage. (g) Nuisance. Tools, items, equipment, or activities conducted within the dwelling which is offensive or noxious by reason of the emission of odor, smoke, gas, vibration, magnetic interference, or noise shall be prohibited. Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 3
The business will utilize a 10-inch chop saw. While the manufacturing manual for the chop saw does not provide the decibels, the applicant determined the decibels to be 85 through the use of an application. Generally speaking 85 decibels is equal to the noise level from city traffic. The applicant will not be utilizing this saw on continual bases during business operation, but as part of the construction process for the screens. Business hours are listed as 8am to 6pm Monday through Saturday. As the chop caw will be operated within the garage, some decrease in noise level production can be expected as the noise moves through the walls of the garage. The Salt Lake County Health Department exempts mechanical equipment from noise restrictions when they are operated between 7am and 10pm. (Title 21.4.8.5) OSHA (Occupational Safety and Health Administration) allows occupation exposure of 8 hours for noises of 90 decibels, while NIOSH (National Institute for Occupational Safety and Health, Center of Disease Control and Prevention) allows 8 hours of occupational exposure for 85 decibels. Exhibit F includes information on decibels levels and what the standards are for OSHA and NIOSH. (h) Secondary Use. The home occupation shall be clearly incidental and secondary to the primary use of the dwelling for residential purposes. The home occupation shall not disrupt the normal residential character of the neighborhood in which the residence is located. Not more than twenty-five percent (25%) of the dwelling unit shall be used for the home occupation. The home occupation is clearly incidental and secondary to the residential use of the property and the neighborhood. (i) Signs. All signage in a residential area must comply with the Draper City Sign Ordinance (Chapter 26 of [the Draper City Municipal Code]). The home occupation would be permitted the standard signage allowances dictated in Chapter 9-26 of the Draper City Municipal Code, should the applicant desire and apply for such signage. No signage is being applied for at this time. (j) Traffic, Parking, and Access. No home occupation use shall generate pedestrian, parking, or vehicular traffic in excess of that customarily associated with the zone in which the use is located. All parking shall be provided and maintained on-site with adequate provision for drop-off traffic. The applicant is expecting customers at the home, albeit few in number. The driveway will remain available for customer parking and can contain up to two vehicles. Up to one customer is expected per day. (k) Vehicles. Other than the business owner s personal transportation, there shall be no vehicles or equipment on the property associated with the home occupation Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 4
which would not normally be found at a residence. No signage for the home occupation shall be allowed on vehicles. The home occupation will have one vehicle associated with the business. The property will have parking for three vehicles on site, including the business vehicles, customer parking and resident vehicles. (l) Yards. Yards surrounding the dwelling and accessory buildings shall not be used for any activities or storage of any materials associated with the home occupation. The home occupation will have no involvement with the property on the outside of the detached garage. (m) Customers. No customers allowed. Children accessing a limited day care or limited preschool facility shall not be considered customers. The business is considered a mobile service and will for the most part deliver and install the custom screens at the customer s home. The applicant expects there may be up to one customer which visits the site per day. Customers will be required to park on the existing driveway. (n) Utility Demand. The home occupation shall not cause a demand for public utilities in excess of that necessarily and customarily provided for residential uses. The home occupation does not detrimentally impact the utility system of the city or the subject area of the community. (o) Main Structure. The home occupations shall be conducted, located, and contained within the primary structure on the property. The business will be maintained within the detached structure, as allowed with a Conditional Use Permit. (p) Single-Family Dwellings. A home occupation listed in Section 9-34-050 of this code that does not conform to any of the development standards in Section 9-34- 040 of this code may nonetheless be established through the issuance of a Conditional Use Permit specifically for the desired alteration to those development standards. The subject property for which the home occupation is to be located contains a single-family dwelling as required. (q) Licensure. Any home occupation involving child care shall comply with all applicable State and local laws and regulations regarding residential child care, Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 5
including, but not limited to provisions of the Utah Child Care Licensing Act, as set forth in Utah Code Ann. 26-39-101, et seq., as amended, and the Residential Certificate Child Care Standards as set forth in the Utah Admin. Code R430-50-1, et seq., as amended. In addition, Cottage Food Production Operations are regulated and inspected by the Utah Department of Agriculture. Any food-related home occupation under their jurisdiction must comply with these regulations. The home occupation does not involve child care or food. Criteria For Approval. The criteria for review and potential approval of a Conditional Use Permit request is found in Section 9-5-080(e) of the Draper City Municipal Code. This section depicts the standard of review for such requests as: (e) Approval Standards. The following standards shall apply to the issuance of a conditional use permit. (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) Conditions may be imposed as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of the conditional use, upon the City as a whole, or upon public facilities and services. These conditions may include but are not limited to conditions concerning use, construction, character, location, landscaping, screening, parking, hour of operation, and other matters relating to the purposes and objectives of this Title. Such conditions shall be expressly set forth in the motion authorizing the conditional use permit. (3) No conditional use permit shall be authorized unless the evidence presented establishes: (i) (ii) (iii) The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood and the community. The proposed use will comply with regulations and conditions specified in this Title for such use and to the intent of the City General Plan. (4) The Planning Commission may request additional information as may be reasonably needed to determine whether the requirements of Subsection (3), above, can be met. (5) The following factors shall be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied: (i) (ii) The harmony and compliance of the proposed use with the objectives and requirements of the City s General Plan and this Title; The suitability of the specific property for the proposed use; Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 6
(iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) The development or lack of development adjacent to the proposed site and the harmony of the proposed use with the existing uses in the neighborhood; Whether or not the proposed use or facility may be injurious to potential or existing development within the vicinity; The economic impact of the proposed facility or use on the surrounding area; The aesthetic impact of the proposed facility or use on the surrounding area; Whether or not the proposed use or facility is necessary or desirable to the City; The number of other similar conditional uses in the area and the public need for the proposed conditional use; The present and future requirements for transportation, traffic, water, sewer, and other utilities, for the proposed site and surrounding area; The safeguards proposed or provided to insure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, and pedestrian and vehicular circulation; The safeguards provided or proposed to prevent noxious or offensive omissions such as noise, glare, dust, pollutants and odor from the proposed facility or use; The safeguards provided or proposed to minimize other adverse effects from the proposed facility or use on persons or property in the area; and 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. (6) When a use which requires a conditional use permit is proposed on property where a substantially similar nonconforming use legally exists, the Zoning Administrator may approve the conditional use permit, subject to the following requirements: (i) (ii) (iii) (iv) The Zoning Administrator shall determine the proposed conditional use is substantially similar to the previously permitted nonconforming use. In making such determination, the Zoning Administrator shall consider the nature, characteristics and impact of the existing and proposed uses, and the compatibility and compliance of the proposed use with the factors set forth in Subsection 9-5-080(e)(4) of this Chapter. Nonconformance shall be allowed with respect to building setbacks, building height, landscaping and parking space requirements. All current building, construction, engineering, fire, health and safety standards shall be met as a condition of approval of the conditional use permit. Notice of an approval made hereunder shall be mailed to the applicable neighborhood association and a copy posted on the affected property or premises. REVIEWS Planning Division Review. The Draper City Planning Division has completed their review of the Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 7
Conditional Use Permit submission and has issued a recommendation for approval without further comment. Engineering and Public Works Divisions Review. The Draper City Engineering and Public Works Divisions have completed their reviews of the Conditional Use Permit submission and have issued a recommendation for approval without further comment. Building Division Review. The Draper City Building Division has completed their review of the Conditional Use Permit submission and has issued a recommendation for approval for the request without further comment. Unified Fire Authority Review. The Unified Fire Authority has completed their review of the Conditional Use Permit submission and has issued a recommendation for approval for the request with the following comments: 1. 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. 2. 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. Noticing. The applicants have expressed their desire to obtain a Conditional Use Permit for the subject property and do so in a manner which is compliant with the City Code. As such, notice has been properly issued in the manner outlined in the City and State Codes. STAFF RECOMMENDATION Staff recommends approval of the request for a Conditional Use Permit by Adam and Alisha Page representing Clean Cut Screens LLC, application 140709-331W, subject to the following conditions: 1. The business shall meet all requirements of DCMC Section 9-34-040, except as provided by this permit. 2. The detached garage on the property may be used for business purposes. 3. No parking associated with or caused by the home occupation shall be located within any public right-of-way, including any potential customers. 4. One business vehicle is allowed, with associated vehicle signage. 5. Mechanical equipment used in association with the business shall be utilized within the garage and decibel levels shall remain at or below the specified 85 decibels. 6. All requirements of the Unified Fire Authority and Draper City Building Official shall be satisfied throughout the operation of the home occupation on the property. 7. A building inspection and fire inspection shall be required with the business license application review. 8. Obtain the necessary sign permits prior to installation of any proposed signage. 9. The home occupation shall continually maintain a valid Draper City Business License throughout its operation. 10. The home occupation is required to maintain approval and adequate licensure from any Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 8
and all State and County agencies prior to receiving a business license. This recommendation is based on the following findings: 1. The proposed development plans meet the intent, goals, and objectives of the Draper City General Plan. 2. The proposed development plans meet the requirements and provisions of the Draper City Municipal Code. 3. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 4. The proposed development conforms to the general aesthetic and physical development of the area. 5. The public services in the area are adequate to support the subject development. MODEL MOTIONS Sample Motion for Approval I move we approve the Conditional Use Permit by Adam and Alisha Page, representing Clean Cut Screens, LLC, application #140709-331W, based on the findings and subject to the conditions listed in the Staff Report dated September 3, 2014 and as modified by the conditions below: 1. List any additional findings and conditions Sample Motion for Denial I move we deny the Conditional Use Permit by Adam and Alisha Page, representing Clean Cut Screens, LLC, application #140709-331W, based on the following findings: 1. List any additional findings Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 9
EXHIBIT A AERIAL MAP Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 11
Poultry Dr Preamble Rd Aztec Rd Election Rd 11915 S 0 37.5 75 150 Feet Clean Cut Screens, LLC Aerial Map W N S E
EXHIBIT B ZONING MAP Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 12
Bubbling Brook Ln 11800 S Inauguration Rd Lone Peak Pkwy A5 Ballot Rd Poultry Dr R3 Preamble Rd Aztec Rd Landou Dr CBP Election Rd 11915 S 11950 S CSD-LP CSD-LPA 0 150 300 600 Feet Clean Cut Screens, LLC Zoning Map W N S E
EXHIBIT C LAND USE MAP Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 13
Bubbling Brook Ln Community Commercial Open Space/Parks 11800 S Inauguration Rd Lone Peak Pkwy Residential Low/MediumDensity Ballot Rd Poultry Dr Preamble Rd Residential Medium Density Aztec Rd Landou Dr Election Rd 11915 S 11950 S Business & Light Manufacturing 0 150 300 600 Feet Clean Cut Screens, LLC Land Use Map W N S E
EXHIBIT D SITE PLAN Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 14
EXHIBIT E LETTER OF INTENT Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 15
EXHIBIT F DECIBEL COMPARISON CHART Here are some interesting numbers, collected from a variety of sources, that help one to understand the volume levels of various sources and how they can affect our hearing.* Environmental Noise Weakest sound heard 0dB Whisper Quiet Library at 6' 30dB Normal conversation at 3' 60-65dB Telephone dial tone 80dB City Traffic (inside car) 85dB Train whistle at 500', Truck Traffic 90dB Jackhammer at 50' 95dB Subway train at 200' 95dB Level at which sustained exposure may result in hearing loss 90-95dB Hand Drill 98dB Power mower at 3' 107dB Snowmobile, Motorcycle 100dB Power saw at 3' 110dB Sandblasting, Loud Rock Concert 115dB Pain begins 125dB Pneumatic riveter at 4' 125dB Even short term exposure can cause permanent damage - Loudest recommended exposure 140dB WITH hearing protection Jet engine at 100' 140dB 12 Gauge Shotgun Blast 165dB Death of hearing tissue 180dB Loudest sound possible 194dB * http://www.gcaudio.com/resources/howtos/loudness.html Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 16
EXHIBIT F DECIBEL COMPARISON CHART OSHA Occupational Noise Exposure* TABLE D-2 - PERMISSIBLE NOISE EXPOSURES Sound level Duration per day,hours dba slow response 8... 90 6... 92 4... 95 3... 97 2... 100 1 1/2... 102 1... 105 1/2... 110 1/4 or less... 115 *https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_i d=10625 Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 17
EXHIBIT F DECIBEL COMPARISON CHART National Institute for Occupational Safety and Health Centers for Disease Control and Prevention* *http://www.cdc.gov/niosh/docs/98-126/pdfs/98-126.pdf Clean Cut Screens, LLC App. # 140709-331W Conditional Use Permit Request 18
Development Review Committee 1020 East Pioneer Road Draper, UT 84020 (801) 576-6539 STAFF REPORT September 3, 2014 To: From: Draper City Planning Commission Business Date: September 11, 2014 Development Review Committee Prepared By: Jennifer Jastremsky, AICP, Planner II Planning Division Community Development Department Re: CW Investments Site Plan and Conditional Use Permit Request Application No.: 140628-12764S 1&2 Applicant: Matt and Guy Wollam, representing CW Investments Project Location: Approximately 12764 S Pony Express Rd. Zoning: CR (Regional Commercial) Zone Acreage: Approximately 1.23 Acres (Approximately 53,578.8 ft 2 ) Request: Request for approval of Site Plan and Conditional Use Permit in the CR (Regional Commercial) zone regarding the approval of a Site Plan for commercial uses on the formerly residential property and to approve a Conditional Use Permit for Construction Sales and Service use classification and Outdoor Storage. SUMMARY This application is a request for approval of a Site Plan in order to approve commercial uses on the formerly residential property and to approve a Conditional Use Permit for Construction Sales and Service use classification and Outdoor Storage. The site plan will also include approval of a permitted accessory dwelling unit for the purposes of security and maintenance personnel on the property on an approximately 1.23 acre site located on the west side of Pony Express Road, at approximately 12764 South Pony Express Road. The property is currently zoned CR (Regional Commercial). BACKGROUND There is an existing home on the property dating from the mid 1960 s. While the neighborhood has been developed with commercial and industrial uses, this property has remained a single-family home. The applicant is seeking to convert the property to commercial uses. CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 1
ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the Community Commercial land use designation for the subject property. This category permits the full scope of commercial land uses that are destination-oriented It also states that this category includes the full scope of commercial land uses that require and utilize exposure to the freeway. The property has been assigned the CR (Regional Commercial) zoning classification, supporting areas with a combination of destination-oriented businesses, retail commercial, entertainment, and related uses. The CC, CR, CG, and CI zoning designations are identified by the General Plan as a preferred zoning classification for the Community Commercial land use designation. The CR zoning district abuts the subject property on all four sides. Site Plan Layout. The applicant is seeking to use the rear yard area of the property for outdoor storage of equipment in conjunction with their construction company. The storage yard will feature gravel surface and will not store motorized vehicles. The existing home on the property will remain and be used as an accessory dwelling unit for security personnel as permitted in Draper City Municipal Code Section 9-11- 030(b). The entrance pointes will be reconfigured. Currently the property has a looped driveway with two access points onto Pony Express Road. The southern half of the access will be eliminated created a single access point to the north of the property. This driveway will have two spurs, one heading to the rear storage yard and one leading to employee parking in front of the home. The reconfigured driveway will be paved with asphalt as required by City Code. Landscaping and Lot Coverage. The applicant is providing 11,009 square feet of landscaping, equaling 20.5% of the overall site. This landscaping includes roughly 7,000 square feet within the front yard area. The existing sparse landscaping in the front yard will be augmented to include shrubbery. There are six existing trees within the front yard. A 922 square foot grass area will be provided for the security personnel who occupy the home for recreational purposes. A landscaped area 20-foot wide and equaling roughly 3,000 square feet will be located along the rear property line. This area will include two trees and several shrubs. Parking. The reconfigured driveway will provide two parking spaces directly in front of the accessory dwelling. The property is not intended as an office space and therefore daytime parking for employees, beyond the expected security personnel, is not required. Fencing. The property contains a chain link fence along the southern property line, which is the existing fence for Rocky Mountain Powers storage yard. A vinyl fence is provided along the north and west property lines. The applicant is proposing to replace the existing vinyl fence along the east storage yard area with a solid metal or masonry wall, as required by code. Conditional Use Permit. A Conditional Use Permit is required for the intended use on the property Construction Sales and Service as well as its associated outdoor storage. This use is classified as follows: Section 9-3-040 Definitions. Construction Sales and Service: An establishment engaged in the retail or wholesale sale of materials and services used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumber yards, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, landscaping and property maintenance contractors offices and storage yards, construction and trade contractors' offices and storage yards, and public utility corporation storage yards. CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 2
Criteria For Approval. The criteria for review and potential approval of a Site Plan and Conditional Use Permit request is found in Sections 9-5-090(e) and 9-5-080(e) of the Draper City Municipal Code. This section depicts the standard of review for such requests as: Site Plan 9-5-090. (e) Standards for Approval. The following standards shall apply to the approval of a site plan. (1) The entire site shall be developed at one time unless a phased development plan is approved. (2) A site plan shall conform to applicable standards set forth in this Title. In addition, consideration shall be given to the following: (i) Considerations relating to traffic safety and traffic congestion: (A) (B) (C) (D) (E) (F) (G) effect of the site development plan on traffic conditions on abutting streets and neighboring land uses, both as existing and as planned; layout of the site with respect to location and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways; arrangement and adequacy of off-street parking facilities to prevent traffic congestion and compliance with the provisions of City ordinances regarding the same; location, arrangement, and dimensions of truck loading and unloading facilities; vehicular and pedestrian circulation patterns within the boundaries of the development; surfacing and lighting of off-street parking facilities; and provision for transportation modes other than personal motor vehicles, including such alternative modes as pedestrian, bicycle, and mass transit. (ii) Considerations relating to outdoor advertising: (A) compliance with the provisions of Chapter 9-26 of this Title. Sign permit applications shall be reviewed and permits issued as a separate process. Action may be taken simultaneously with or following site plan review. (iii) Considerations relating to landscaping: (A) (B) (C) location, height, and materials of walls, fences, hedges, and screen plantings to provide for harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development; planting of ground cover or other surfaces to prevent dust and erosion; unnecessary destruction of existing healthy trees; and CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 3
(D) compliance with the Draper City General Plan guidelines to promote consistent forms of development within the districts of the City as identified in the General Plan. (iv) Considerations relating to buildings and site layout: (A) (B) the general silhouette and mass, including location on the site and elevations, in relationship to the character of the district or neighborhood and the applicable provisions of the General Plan; and exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade facing on the street, line and pitch of roofs, the arrangement of structures on the parcel, and appropriate use of materials and colors to promote the objectives of the General Plan relating to the character of the district or neighborhood. (v) Considerations relating to drainage and irrigation: (A) (B) the effect of the site development plan on the adequacy of the storm and surface water drainage; and the need for piping of irrigation ditches bordering or within the site. (vi) Other considerations including, but not limited to: (A) (B) (C) (D) buffering; lighting; placement of trash containers and disposal facilities; and location of surface, wall and roof-mounted equipment. (3) In order to assure that the development will be constructed to completion in an acceptable manner, the applicant shall enter into an agreement and provide a satisfactory letter of credit or escrow deposit. The agreement and letter of credit or escrow deposit shall assure timely construction and installation of improvements required by a site plan approval. (4) In a planned center, individual uses shall be subject to the following requirements: (i) (ii) (iii) The overall planned center shall have been approved as a conditional use which shall include an overall site plan, development guidelines and a list of allowable uses in the center. The City and the developer of the planned center shall enter into a development agreement governing development of the center. The agreement shall include a provision to the effect that staff review and approval of uses and the site plan is typically sufficient. Development guidelines for a center shall, as a minimum, address the following topics: (A) general site engineering (e.g., storm drainage, provision of utilities, erosion control, etc.); CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 4
(B) (C) (D) (E) (F) (G) (H) (I) (J) (K) architectural guidelines, including building setbacks, height, massing and scale, site coverage by buildings, materials, and colors; landscaping and open space standards; signage; exterior lighting; parking, pedestrian and vehicular circulation, and access to the site; rights of access within the center (use of cross-easements, etc.); development phasing and improvements/amenities to be completed with each phase; outdoor sales, storage and equipment; fencing and walls; and maintenance standards and responsibilities. (5) Building permits for individual uses with an approved planned center shall be reviewed by the Zoning Administrator for compliance of the proposed use to the overall site plan, development guidelines and approved use list for the planned center. The Zoning Administrator shall approve, approve with conditions, or deny the permit based on compliance with applicable conditions of the site plan and provisions of this Title. Conditional Use Permit. The criteria for review and potential approval of a Conditional Use Permit request is found in Section 9-5- 080(e) of the Draper City Municipal Code. This section depicts the standard of review for such requests as: (e) Approval Standards. The following standards shall apply to the issuance of a conditional use permit. (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) Conditions may be imposed as necessary to prevent or minimize adverse effects upon other property or improvements in the vicinity of the conditional use, upon the City as a whole, or upon public facilities and services. These conditions may include but are not limited to conditions concerning use, construction, character, location, landscaping, screening, parking, hour of operation, and other matters relating to the purposes and objectives of this Title. Such conditions shall be expressly set forth in the motion authorizing the conditional use permit. (3) No conditional use permit shall be authorized unless the evidence presented establishes: (i) (ii) (iii) The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood and the community. The proposed use will comply with regulations and conditions specified in this Title for such use and to the intent of the City General Plan. CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 5
(4) The Planning Commission may request additional information as may be reasonably needed to determine whether the requirements of Subsection (3), above, can be met. (5) The following factors shall be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) The harmony and compliance of the proposed use with the objectives and requirements of the City s General Plan and this Title; The suitability of the specific property for the proposed use; The development or lack of development adjacent to the proposed site and the harmony of the proposed use with the existing uses in the neighborhood; Whether or not the proposed use or facility may be injurious to potential or existing development within the vicinity; The economic impact of the proposed facility or use on the surrounding area; The aesthetic impact of the proposed facility or use on the surrounding area; Whether or not the proposed use or facility is necessary or desirable to the City; The number of other similar conditional uses in the area and the public need for the proposed conditional use; The present and future requirements for transportation, traffic, water, sewer, and other utilities, for the proposed site and surrounding area; The safeguards proposed or provided to insure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, and pedestrian and vehicular circulation; The safeguards provided or proposed to prevent noxious or offensive omissions such as noise, glare, dust, pollutants and odor from the proposed facility or use; The safeguards provided or proposed to minimize other adverse effects from the proposed facility or use on persons or property in the area; and 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. (6) When a use which requires a conditional use permit is proposed on property where a substantially similar nonconforming use legally exists, the Zoning Administrator may approve the conditional use permit, subject to the following requirements: (i) The Zoning Administrator shall determine the proposed conditional use is substantially similar to the previously permitted nonconforming use. In making such determination, the Zoning Administrator shall consider the nature, characteristics and impact of the existing and proposed uses, and the compatibility and compliance of the proposed use with the factors set forth in Subsection 9-5-080(e)(4) of this Chapter. CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 6
(ii) (iii) (iv) Nonconformance shall be allowed with respect to building setbacks, building height, landscaping and parking space requirements. All current building, construction, engineering, fire, health and safety standards shall be met as a condition of approval of the conditional use permit. Notice of an approval made hereunder shall be mailed to the applicable neighborhood association and a copy posted on the affected property or premises. REVIEWS Planning Division Review. The Draper City Planning Division has completed their review of the Site Plan and Conditional Use Permit submission and has issued a recommendation for approval for the request without further comment. Engineering and Public Works Divisions Review. The Draper City Engineering and Public Works Divisions have completed their reviews of the Site Plan and Conditional Use Permit submission and have issued a recommendation for approval for the request without further comment. Building Division Review. The Draper City Building Division has completed their review of the Site Plan and Conditional Use Permit submission and has issued a recommendation for approval for the request without further comment. Unified Fire Authority Review. The Unified Fire Authority has completed their review of the Site Plan and Conditional Use Permit submission and has issued a recommendation for approval for the request with the following proposed conditions comments: 1. The Unified Fire Authority does not have any major concerns at this time. That being said if at any point there is to be refueling on-site the Fire Department may have concerns that a Hazmat permit might be required. So at this time the Unified Fire Authority can APPROVE this project to move forward with that understanding. Noticing. The applicant(s) have expressed their desire to obtain a Site Plan and Conditional Use Permit for the subject property and do so in a manner which is compliant with the City Code. As such, notice has been properly issued in the manner outlined in the City and State Codes. STAFF RECOMMENDATION Site Plan. Staff recommends approval of the request for a Site Plan by Matt and Guy Wollam, representing CW Investments, application 140625-12764S 1 & 2, subject to the following conditions: 1. That all requirements of the Draper City Planning Division are satisfied throughout the development and use of the site, including permitting. 2. That all requirements of the Draper City Engineering and Public Works Divisions are satisfied throughout the development and use of the site, including permitting. 3. That all requirements of the Draper City Building Division are satisfied throughout the development and use of the site, including permitting. 4. That all requirements of the Unified Fire Authority are satisfied throughout the CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 7
development and use of the site. 5. An accessory dwelling unit is allowed for the purposes of security and maintenance personnel as allowed in DCMC Section 9-11-030(b). 6. If motorized vehicles are stored on the property, they shall be stored on a paved surface in conformance with DCMC Section 9-25-080(J). This recommendation is based on the following findings: 1. The proposed development plans meet the intent, goals, and objectives of the Draper City General Plan. 2. The proposed development plans meet the requirements and provisions of the Draper City Municipal Code. 3. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 4. The proposed development conforms to the general aesthetic and physical development of the area. 5. The public services in the area are adequate to support the subject development. Conditional Use Permit. Staff recommends approval of the request for a Conditional Use Permit by Matt and Guy Wollam, representing CW Investments, application 140625-12764S 1 & 2, subject to the following conditions: 1. The use of Construction Sales and Service is allowed on the property. 2. Outdoor Storage is allowed on the property in conjunction with the approved Construction Sales and Service use subject to the restrictions found in DCMC Section 9-27-230, including: a. An at least 6-foot tall masonry wall or solid metal fencing shall be required to screen all open storage areas from public streets. b. A Chain link fence with slats or other opaque fence or wall of at least 6-feet in height shall be required along side and rear property lines to screen areas of open storage up to and including any gate. c. Materials within 20-feet of the fence may not be stored higher than the fence. This recommendation is based on the following findings: 1. The proposed development plans meet the intent, goals, and objectives of the Draper City General Plan. 2. The proposed development plans meet the requirements and provisions of the Draper City Municipal Code. 3. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 4. The proposed development conforms to the general aesthetic and physical development of the area. 5. The public services in the area are adequate to support the subject development. MODEL MOTIONS Site Plan. Sample Motion for Approval I move we approve the Site Plan Request by Matt and Guy Wollam, CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 8
representing CW Investments for the CW Investments Site, application 140625-12764S 1 & 2, based on the findings and subject to the conditions listed in the Staff Report dated September 3, 2014 and as modified by the conditions below: 1. List any additional findings and conditions Sample Motion for Denial I move we deny the Site Plan Request by Matt and Guy Wollam, representing CW Investments for the CW Investments Site, application 140625-12764S 1 & 2, based on the following findings: 1. List any additional findings Conditional Use Permit. Sample Motion for Approval I move we approve the Conditional Use Permit Request by Matt and Guy Wollam, representing CW Investments for a Construction Sales and Service use and Outdoor Storage, application 140625-12764S 1 & 2, based on the findings and subject to the conditions listed in the Staff Report dated September 3, 2014 and as modified by the conditions below: 1. List any additional findings and conditions Sample Motion for Denial I move we deny the Conditional Use Permit Request by Matt and Guy Wollam, representing CW Investments for a Construction Sales and Service use and Outdoor Storage, application 140625-12764S 1 & 2, based on the following findings: 1. List any additional findings CW Investments Site Plan and App. # 140625-12764S1 & 2 Conditional Use Permit Request 9
EXHIBIT A AERIAL MAP
Pony Express Rd 125 W 12650 S Pony Express Rd 15 0 150 300 Feet 600 CW Investments Aerial Map Minuteman Dr 12675 S 15 N W E S
EXHIBIT B LAND USE MAP
125 W 12650 S Pony Express Rd 12675 S Industrial/Manufacturing Community Commercial Pony Express Rd 15 15 Minuteman Dr Cultural/Institutional 0 150 300 600 Feet CW Investments Land Use Map W N S E
EXHIBIT C ZONING MAP
125 W 12650 S Pony Express Rd CR 12675 S CG M1 A5 Pony Express Rd 15 15 Minuteman Dr CBP 0 150 300 600 Feet CW Investments Zoning Map W N S E
EXHIBIT D SITE PLAN
EXHIBIT E CONDITIONAL AND PERMITTED USE CHART
Table 9-11-1 Permitted and Conditional Uses Allowed in Commercial Zones (except CSD zones). Zones Uses CN CC CR CG CI CBP CO1 CO2 O-R TC DC CS Residential Uses Assisted Living Facility C C C C NP NP NP NP C C NP C Dwelling, Multiple-Family C 1 C 1 C 1 NP NP NP NP NP P C 1 NP NP Dwelling, Single-Family NP NP NP NP NP NP NP NP P NP NP NP Home Occupations See Chapter 9-34 of this Title Residential Facility for Elderly Persons C C C C NP NP NP NP C C NP C Residential Facility for Persons With a Disability C C C C NP NP NP NP C C NP C Public and Civic Uses Auditorium, Major NP NP C NP NP NP NP NP NP NP NP NP Auditorium, Minor NP C C NP NP C NP C NP C NP NP Bus Terminal NP NP C NP NP NP NP NP NP NP NP NP Charter Schools P P P P P P P P P P P P Church or Place of Worship P P P P P P P P P P P P Club or Service Organization P P P NP NP P P P P NP NP NP Government Service P P P NP NP P P P P P NP NP Higher Education Facility, Private NP C C C C C C C NP C NP NP Higher Education Facility, Public NP C C C C C C C NP C NP NP Hospital NP C P NP NP C NP C NP NP NP NP Private School C C C C C C C C C NP NP C Protective Service P P P P P P P P P P NP P Public School P P P P P P P P P P P P Public Utility Substation See Chapter 9-36 of this Title Reception Center NP C P C NP NP NP C NP C P NP Trade / Vocational School NP C C C C C C C C NP NP NP Utility, Minor P P P P P P P P P P P P Municipal Uses Franchise Municipal Uses C C C C C C C C C C C C Municipal Uses P P P P P P P P P P NP NP Commercial Uses Auto, Truck, RV, and Equipment Storage NP NP C C NP C NP NP NP NP NP NP Bank or Financial Institution P P P P P P P P C C 2 P C Bed and Breakfast Inns C NP NP NP NP NP NP NP C P 3 NP NP Business Equipment Rental and Supplies NP P NP P P P NP P NP P NP NP Business Service NP P NP P P P P P NP P NP NP Car Wash NP C C NP C C NP NP NP NP NP NP Cashing Services NP NP NP NP C NP NP NP NP NP NP NP Club, Dining 4 C P P P P P NP NP NP P P NP Club, Social 4,5 NP C C C C C NP C NP C P NP Commercial Vehicle and Equipment Rental or Sale NP NP C P P P NP NP NP NP NP NP Commercial Vehicle and Equipment Repair NP NP C P P P NP NP NP NP NP NP Construction Sales and Service NP NP C C NP NP NP NP NP NP NP NP Convenience Store C C C P P P P P NP C 6 P NP Day Care, General P P P P P P P P C NP NP NP Farmers Market P P P NP NP NP NP NP NP P NP NP Funeral Home C C C C C C C C NP P NP NP Garage, Public NP C C C C C C C NP C C C 1 Only as a part of a mixed use center with no dwellings allowed on the ground floor. 2 Limited to no more than 1 drive-through lane. 3 In existing historic structures only. 4 Subject to the alcohol provisions per Chapter 4 of Title 6 DCMC. 5 Allowed only in combination with a hotel or as part of a restaurant and comprising less than 50% of the floor space of the entire facility. 6 Without gasoline sales. Title 9 Chapter 11 Ord. 1085 Page 17 3.4.2014
Table 9-11-1 Permitted and Conditional Uses Allowed in Commercial Zones (except CSD zones). Zones Uses CN CC CR CG CI CBP CO1 CO2 O-R TC DC CS Gas And Fuel, Storage and Sales NP NP NP C NP NP NP NP NP NP NP NP Gasoline Service Station C C P P P C NP NP NP NP P 7 NP Grooming Service P P P P C P NP NP C NP NP C Hotel NP C C C C C NP C NP C P NP Kennel NP NP C C NP NP NP NP C C 10 NP NP Laundry and Dry Cleaning, Limited C P P P P P NP P NP C 8 P NP Laundry Service C C P P P P NP NP NP NP NP C Media Service NP NP P P NP P P P C NP NP NP Medical or Dental Laboratory NP NP NP C NP P P P P NP NP NP Medical Service C P P P NP P P P P C NP NP Motel or Motor Lodge NP NP C C P C NP C NP NP P NP Nursery C C P P C NP NP NP NP NP NP C Office, General P P P P P P P P P P P C Parking, Commercial NP NP C C C C NP NP NP NP NP NP Personal Care Service P P P P P P P P P P P NP Personal Instruction Service P P P P P P P P P P NP NP Pre-School, General P P P P P P P P C C NP NP Precious Metals and Gems Dealer NP C P P NP C NP NP NP NP NP NP Printing and Photocopying, Limited C P P P P P P P C P P NP Printing, General NP NP NP P NP P NP NP NP P NP NP Recreation and Entertainment, Indoor NP P P P NP P NP NP NP P P NP Recreation and Entertainment, Outdoor NP C C C NP NP NP NP NP NP NP NP Recycling Collection Station NP C P P C P NP NP NP C NP NP Repair Service NP P P P NP NP NP NP C NP NP P Research Service NP NP NP P NP P P P P NP NP NP Restaurant C P P P P P NP NP NP P 8 P NP Retail, General P P P P P P NP NP NP P P C Secondhand or Thrift Store, Large, With No Outside Storage and No Drop-Off of Items During Hours the NP NP NP C NP P NP NP NP NP NP NP Business is Closed Secondhand or Thrift Store, Large, With Outdoor Storage or Drop-Off of Items During Hours the NP NP NP NP NP NP NP NP NP NP NP NP Business is Closed Secondhand or Thrift Store, Small P P P P NP NP NP NP C NP NP NP Sexually Oriented Business NP NP NP NP NP NP NP NP NP NP NP NP Tattoo Establishment NP C C C NP NP NP NP NP NP NP NP Transportation Service NP NP NP C NP C NP NP NP NP NP NP Vehicle Repair, General NP NP NP C NP NP NP NP NP NP NP NP Vehicle Rental NP C P P NP NP NP NP NP NP NP NP Vehicle Repair, Limited NP C P P P P NP NP NP NP NP NP Vehicle Sale NP C P P P P NP NP NP NP NP NP Veterinary Service C C C C NP NP NP NP C C 9 NP C Warehouse, Self-Service Storage NP NP NP C NP C NP NP NP NP NP C Wireless Telecommunication Facility See Chapter 9-41 of this Title Manufacturing Uses Manufacturing, Limited NP NP NP C NP C NP NP NP NP NP NP Wholesale and Warehousing, Limited NP NP NP C NP C NP NP NP NP NP NP 7 Only on the corner of Bangerter Highway. 8 A single drive-through lane allowed subject to issuance of a Conditional Use Permit. 9 With no kennel services. 10 No breeding or outdoor kennels. Title 9 Chapter 11 Ord. 1085 Page 18 3.4.2014
Development Review Committee 1020 East Pioneer Road Draper, UT 84020 (801) 576-6539 STAFF REPORT September 2, 2014 To: From: Draper City Planning Commission Business Date: September 11, 2014 Development Review Committee Prepared By: Dan Boles, AICP, Senior Planner Planning Division Community Development Department Re: Redmond Place Preliminary Plat Request Application No.: 140717-12052S Applicant: Ken Watson, representing Ivory Development Project Location: 12052 South 300 East Zoning: RM1 Residenital Multi-Family Zone (with Development Agreement) Acreage: Approximately 9.02 Acres (Approximately 392,911 ft 2 ) Request: Request for approval of a Preliminary Plat in the RM1 Residenital Multi- Family zone to allow a 34 lot, single-family residential subdivision. SUMMARY This application is a request for approval of a Preliminary Plat for approximately 9.02 acres located on the west side of 300 East, at approximately 12052 South 300 East. The property is currently zoned RM1 Residenital Multi-Family; the applicant entered into a development agreement earlier this year however which will require the developer of the property to develop the property as single-family residential only. The applicant is now requesting that a Preliminary Plat be approved to allow for the development of the currently vacant site as a 34 lot single-family residential development. BACKGROUND In November of 2013, the City Council heard a request to rezone the subject property to RM2 (Residential Multi-Family) which would allow up to 12 units per acre or approximately 108 townhomes. This request was denied as it was determined that the RM2 zone didn t provide an adequate buffer between the existing high density to the west and the low density to the east. Traffic and parking with the school was also cited as a concern. In April of this year, the applicant brought forth a request for approval of a zone change and development agreement to change the zoning to RM1 but limiting what could be built through a development agreement. Where there was considerable resistance from the adjacent neighborhoods to the initial request to RM2, there was little resistance to Ivory s request as long as it was tied to a development Redmond Place App. # 140717-12052S Preliminary Plat Request 1
agreement. The zone change was approved and the development agreement was accepted by the City Council. ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the Residential Low/Medium land use designation for the subject property. The property has been assigned the RM1 Residenital Multi- Family zoning classification, which could support up to eight dwelling unit per acre. However, as previously stated, the applicant has entered into a development agreement with the city. The agreement limited the lots to 34 single family lots. The property is surrounded by RM1 zoning to the west, Community Commercial to the south, RA1 to the west and RA2 to the north. Development Agreement. As part of the rezone request, the City Council approved a development agreement that has since been recorded against the property. The terms of that development agreement are: 1. The entire development is to be exclusively single-family residential; and 2. The development is to be limited to 34 single-family lots; and 3. The density of the project shall not exceed four lots per acre; and 4. Lots within the development shall not be less than 7,200 square feet; and 5. Setbacks are to be Front yard 25, Side yard 6, Rear yard 20, and corner lot Front yard 15 ; and 6. The development shall comply with all other city ordinances. Subdivision Layout. The property is currently a single, nine acre, square shaped lot. The design of the subdivision shows the property divided into 34 lots all meeting the minimum 7,200 square feet as outlined within the development agreement. The lots are served by a series of standard, sixty-foot wide, local streets to be dedicated to the city. All other applicable standards such as frontage, lot width, and length to width ratios are being met. Parcel A located in the far north-west portion of the subdivision is for detention basin and utility easement. It will be the responsibility of the developer to form an HOA who will then be responsible for the maintenance of this lot and improvements. Circulation. The proposed subdivision identifies the construction of four roads all of which will be dedicated to the city for future maintenance. The City GIS department has identified that the street coordinates need to be altered to line them up with the County grid system. These roads will connect with existing roads at three points; two along 11950 South and one on 300 East. A small amount of roadway will be dedicated for public use on the 11950 South corridor but is not necessary along 300 East. Criteria for Approval. The criteria for review and potential approval of a Preliminary Plat request is found in Section 17-3-040(a) of the Draper City Municipal Code. This section depicts the standard of review for such requests as: The Planning Commission shall make findings specifying any inadequacy in the application, non-compliance with City regulations, questionable or undesirable design and/or engineering, and the need for any additional information which may assist the Planning Commission to evaluate the preliminary plat. The Planning Commission may review all relevant information pertaining to the proposed development including but not limited to the following: fire protection; sufficient supply of culinary and secondary water to the proposed subdivision; sewer service; traffic considerations and the potential for flooding; etc. The Planning Commission shall submit its findings and recommendations regarding approval or disapproval of the Preliminary Plat to the City Council for review and decision. Redmond Place App. # 140717-12052S Preliminary Plat Request 2
REVIEWS Planning Division Review. The Draper City Planning Division has completed their review of the Preliminary Plat submission and has issued a recommendation for approval for the request with the following proposed conditions: 1. That the developer forms an HOA which will be responsible for the maintenance of parcel A and any fencing or other improvements. 2. That the coordinates of the streets are adjusted to meet the Salt Lake County requirements as recommended by the city GIS department. Engineering and Public Works Divisions Review. The Draper City Engineering and Public Works Divisions have completed their reviews of the Preliminary Plat submission and have issued a recommendation for approval for the request with the following proposed conditions and comments: 1. Add Draper City standard sidewalk including ADA ramp, curb and gutter details. Update sidewalk thickness to city required. 2. Show existing (if any, such as irrigation) easements on the plat. 3. Plat closure and bearing information will be verified at final plat application. 4. Add details of inlet and outlet structures on detention pond. Update may be submitted at final subdivision application. 5. Fill material within ROW shall meet Draper City specifications. 6. Existing irrigation facilities are not shown or addressed in plans. Update to reflect proposed improvements and design, including profile. Any irrigation ditch piped within the public right-of-way shall meet the storm drainage standards, such as RCP. 7. The Grading and Drainage Plan shall clearly depict all final grading to indicate the Developers responsibility to insure that all lots are graded such that runoff water is discharged to the fronting roadway in accordance with the provisions of Section 18-3-130 of the Draper City Municipal Code. (Update grading of retention ponds in lots 1-14 to tie into lot grading. Pond construction will be required during subdivision work and maintained through house construction.) Update may be submitted at time of final subdivision application. 8. Provide commitment to serve letters from both WaterPro and South Valley Sewer District. 9. Add street cut dimensioning, per Draper City standard detail ST-08 & ST-15, for all street excavation for utility connections. Building Division Review. The Draper City Building Division has completed their review of the Preliminary Plat submission and has issued a recommendation for approval for the request without further comment. Redmond Place App. # 140717-12052S Preliminary Plat Request 3
Unified Fire Authority Review. The Unified Fire Authority has completed their review of the Preliminary Plat submission and has issued a recommendation for approval for the request with the following proposed conditions and comments: 1. Fire Department Access is required. An unobstructed minimum road width of twentysix (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. D103.6.1 Roads 20 to 26 feet in width. Fire apparatus access roads 20 to 26 feet wide (6096 to 7925 mm) shall be posted on both sides as a fire lane. D103.6.2 Roads more than 26 feet in width. Fire apparatus access roads more than 26 feet wide (7925 mm) to 32 feet wide (9754 mm) shall be posted on one side of the road as a fire lane. 2. Fire Hydrants are required there shall be a total of 4 hydrants required spaced at 500ft. increments. The required fire flow for this project is 2000GPM for full 2 hour duration. This will allow up to a 3600sqft 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. 6. Street Signs required and are to be posted and legible prior to building permits being issued. All lots to have lot number or address posted and legible. Noticing. The applicant has expressed a desire to subdivide the subject property and do so in a manner which is compliant with the City Code. As such, notice has been properly issued in the manner outlined in the City and State Codes. STAFF RECOMMENDATION Staff recommends approval of the request for a Preliminary Plat by Ken Watson, representing Ivory Development, application 140717-12052S, subject to the following conditions: 1. That all requirements of the Draper City Engineering and Public Works Divisions are Redmond Place App. # 140717-12052S Preliminary Plat Request 4
satisfied throughout the development of the site and the construction of all buildings on the site, including permitting. 2. That all requirements of the Draper City Building Division are satisfied throughout the development of the site and the construction of all buildings on the site, including permitting. 3. That all requirements of the Unified Fire Authority are satisfied throughout the development of the site and the construction of all buildings on the site. 4. That a final plat is submitted in accordance with title 17 of the Draper City Municipal code prior to recordation of the final plat at Salt Lake County. 5. That the developer forms an HOA which will be responsible for the maintenance of parcel A and any fencing or other improvements. 6. That the coordinates of the streets are adjusted to meet the Salt Lake County requirements as recommended by the city GIS department. This recommendation is based on the following findings: 1. That all of the requirements of the recorded development agreement are satisfied. 2. The proposed development plans meet the intent, goals, and objectives of the Draper City General Plan such as: a. Create a balanced community where residents can live, work and play, and have their essential needs met. b. Provide a wide range of housing opportunities while protecting property values and promoting quality development. c. Achieve orderly land development patterns which provide for compatible, functional, cost-effective development. d. Protect property values while providing opportunities for development which meets the health, safety and welfare needs of City residents. 3. That the requirements for preliminary plat listed in Title 17-3 have been satisfied. 4. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties. 5. The public services in the area are adequate to support the subject development. MODEL MOTIONS Sample Motion for a Positive Recommendation I move we forward a positive recommendation to the City Council for the Redmond Place Preliminary Plat Request by Ken Watson, representing Ivory Development, application 140717-12052S, based on the findings and subject to the conditions listed in the Staff Report dated September 2, 2014 and as modified by the conditions below: 1. List any additional findings and conditions Sample Motion for a Negative Recommendation I move we forward a negative recommendation to the City Council for the Redmond Place Preliminary Plat Request by Ken Watson, representing Ivory Development, application 140717-12052S, based on the following findings: 1. List any findings Redmond Place App. # 140717-12052S Preliminary Plat Request 5
Redmond Place App. # 140717-12052S Preliminary Plat Request 6
EXHIBIT A PROPOSED PLAT