REQUEST FOR COUNCIL ACTION To: From: Mayor & City Council Dan Boles, AICP, Senior Planner Date: November 18, 2014 Subject: Applicant Presentation: Staff Presentation: Hoggan Lane Plat Amendment Jarin Dana Keith Morey RECOMMENDATION: To approve the request for a Plat Amendment, as recommended by staff and by the Planning Commission on a 3-2 vote, and as per the staff report dated September 30, 2014. This motion is forwarded with the following conditions: 1. That the existing home is removed prior to the amended plat being recorded. 2. That all requirements of the Draper City Engineering and Public Works Divisions are satisfied throughout the development of the site and the construction of all buildings on the site. 3. 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. 4. 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. 5. That all requirements of the Draper City Planning Division are satisfied throughout the development of the site and the construction of all buildings on the site, including permitting. 6. That a plat is prepared and submitted to the City in accordance to City standards to be recorded at the Salt Lake County Recorder s office. BACKGROUND AND FINDINGS: 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. a. Encourage the development of a range of housing types and densities based upon orderly development patterns. b. Encourage new residential development to locate within areas currently served by adequate water, wastewater and other community services. 2. The proposed development plans meet the requirements and provisions of the Draper City Municipal Code. 3. The proposed development conforms to the general aesthetic and physical development of the area. 4. The public services in the area are adequate to support the subject development. This application is a request for approval of a Plat Amendment for approximately 1.22 acres located on the south side of Cherry Creek Lane at 1534 East. The property is currently zoned RA2 Residential. The applicant is requesting that a Plat Amendment be approved allowing the property to be split into two buildable single family residential lots. According to Salt Lake County records, the house that is currently on the property was built in 1968. The subject home was the home on the larger parcel that became the Hoggan Lane subdivision which was recorded in May of 1998. The single parcel, lot two of the Hoggan Lane subdivision, which is the subject of this application is 1.22
acres. General Plan and Zoning. The Land Use Map of the General Plan calls for the Residential Low/Medium Density land use designation for the subject property. Additionally, the property has been assigned the RA2 Residential zoning classification, supporting roughly two dwelling unit per acre. The purpose of the RA2 zone is to foster low density development with little impact on its surroundings and municipal services; to generally preserve the character of the City s semi-rural areas; and to promote and preserve conditions favorable to large-lot family life, including the keeping of limited numbers of animals and fowl. The RA2 Residential zoning designation is identified by the General Plan as a preferred zoning classification for the Residential Low/Medium Density land use designation. The property is generally surrounded by RA2 zoning with the exception of the property to the south which is zoned RA1. Plat Amendment Layout. The only lot affected in this proposed plat amendment is lot number two. This lot is a 1.22 acre parcel with over 230 feet of street frontage. Because of the size of the lot, the applicant has no problems meeting the minimum requirements for the RA2 zone which include 20,000 ft², 50 feet of lot frontage (length of lot that abuts the right of way) and 90 feet of lot width (width of lot at required setback line, in this case 30 feet). All other requirements with the exception noted in the section below are being met. The plat shows two lots where there was one. Lot 2A is 26,352 ft² and lot 2B is 26,195 ft². Each of these lots would become buildable and a home could be built on each. The applicant is proposing to remove the existing home. Because of building codes and setback requirements, the home would need to removed prior to the plat being recorded. Right of Way Standards Modification. Section 17-5-030(d) of the Draper City Municipal Code makes provisions for the City Council to authorize a modification to street standards after receiving a recommendation from the Planning Commission. It states, Curbs, gutters, and sidewalks shall be installed on existing and proposed streets by the subdivider in all subdivisions. The City Council may, after receiving a recommendation from the Planning Commission, modify or waive the street design requirements. Currently along the frontage of the subject property is sidewalk with no parkstrip. There are also a number of large, mature trees right behind the sidewalk. In an effort to preserve the trees and use the existing sidewalk, the applicant is requesting approval of a modification to the requirements for parkstrip. PREVIOUS LEGISLATIVE ACTION: September 5, 1995, the property was rezoned From RR-43 to RR-22 and a concept subdivision plan was accepted. April 1, 1997, Final Plat was approved for the Hoggan Lane Subdivision. Plat was recorded in May of 1998. October 9, 2014, Planning Commission held a public hearing and recommended approval of the current application. FISCAL IMPACT: Approval of this application would not add any new roads to maintain and would add only one more building lot. SUPPORTING DOCUMENTS: Staff Report with Supporting Documentation Zoning, Land Use & Aerial Maps Planning Commission Minutes October 9, 2014
Planning Commission Application Summary Project Name: Hoggan Lane Subdivision Plat Amendment Address: 1534 East Cherry Creek Lane Current Zoning: RA2 (Single Family Residential 20,000 ft² min.) Hearing Date: October 9, 2014 Summary of Request The applicant is requesting approval of a plat amendment to split lot 2 of the Hoggan Lane Subdivision into two buildable lots. Background The house that is currently on the property was built in 1968. The subject home was the home on the larger parcel that became the Hoggan Lane subdivision which was recorded in May of 1998. The single parcel, lot two of the Hoggan Lane subdivision, which is the subject of this application is 1.22 acres. General Plan and Zoning The General Plan calls for Low/Medium density in the area. The property has been designated RA2 which requires 20,000 ft² minimum lot sizes. Analysis The only lot affected in this proposed plat amendment is lot number two. This lot is a 1.22 acre parcel with over 230 feet of street frontage. Because of the size of the lot, the applicant has no problems meeting the minimum requirements for the RA2 zone which include 20,000 ft², 50 feet of lot frontage (length of lot that abuts the right of way) and 90 feet of lot width (width of lot at required setback line, in this case 30 feet). All other requirements with the exception noted in the section below are being met. The plat shows two lots where there was one. Lot 2A is 26,352 ft² and lot 2B is 26,195 ft². Each of these lots would become buildable and a home could be built on each. The applicant is proposing to remove the existing home. Because of building codes and setback requirements, the home would need to removed prior to the plat being recorded. Deviations (If applicable) The applicant is asking for approval to use the existing sidewalk. If this is granted, the parkstrip will be eliminated and the existing trees will serve as street trees. The Council may authorize this request after receiving a recommendation from Planning Commission. Staff Recommendation Staff recommends that Planning Commission forward a positive recommendation on the request for a plat amendment.
Development Review Committee 1020 East Pioneer Road Draper, UT 84020 (801) 576-6539 STAFF REPORT September 30, 2014 To: From: Draper City Planning Commission Business Date: October 9, 2014 Development Review Committee Prepared By: Dan Boles, AICP, Senior Planner Planning Division Community Development Department Re: Hoggan Lane Plat Amendment Request Application No.: 140806-1534E Applicant: Jarin Dana Project Location: 1534 East Cherry Creek Lane Zoning: RA2 Residential Zone Acreage: 1.22 Acres (Approximately 53,143 ft 2 ) Request: Request for approval of a Plat Amendment in the RA2 Residential zone to split lot two of the Hoggan Lane Plat into two buildable lots. SUMMARY This application is a request for approval of a Plat Amendment for approximately 1.22 acres located on the south side of Cherry Creek Lane at 1534 East. The property is currently zoned RA2 Residential. The applicant is requesting that a Plat Amendment be approved allowing the property to be split into two buildable single family residential lots. BACKGROUND According to Salt Lake County records, the house that is currently on the property was built in 1968. The subject home was the home on the larger parcel that became the Hoggan Lane subdivision which was recorded in May of 1998. The single parcel, lot two of the Hoggan Lane subdivision, which is the subject of this application is 1.22 acres. ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the Residential Low/Medium Density land use designation for the subject property. Additionally, the property has been assigned the RA2 Residential zoning classification, supporting roughly two dwelling unit per acre. The purpose of the RA2 zone is to foster low density development with little impact on its surroundings and municipal services; to generally preserve the character of the City s semi-rural areas; and to promote and preserve Hoggan Lane App. # 140806-1534E Plat Amendment Request 1
conditions favorable to large-lot family life, including the keeping of limited numbers of animals and fowl. The RA2 Residential zoning designation is identified by the General Plan as a preferred zoning classification for the Residential Low/Medium Density land use designation. The property is generally surrounded by RA2 zoning with the exception of the property to the south which is zoned RA1. Plat Amendment Layout. The only lot affected in this proposed plat amendment is lot number two. This lot is a 1.22 acre parcel with over 230 feet of street frontage. Because of the size of the lot, the applicant has no problems meeting the minimum requirements for the RA2 zone which include 20,000 ft², 50 feet of lot frontage (length of lot that abuts the right of way) and 90 feet of lot width (width of lot at required setback line, in this case 30 feet). All other requirements with the exception noted in the section below are being met. The plat shows two lots where there was one. Lot 2A is 26,352 ft² and lot 2B is 26,195 ft². Each of these lots would become buildable and a home could be built on each. The applicant is proposing to remove the existing home. Because of building codes and setback requirements, the home would need to removed prior to the plat being recorded. Right of Way Standards Modification. Section 17-5-030(d) of the Draper City Municipal Code makes provisions for the City Council to authorize a modification to street standards after receiving a recommendation from the Planning Commission. It states, Curbs, gutters, and sidewalks shall be installed on existing and proposed streets by the subdivider in all subdivisions. The City Council may, after receiving a recommendation from the Planning Commission, modify or waive the street design requirements. Currently along the frontage of the subject property is sidewalk with no parkstrip. There are also a number of large, mature trees right behind the sidewalk. In an effort to preserve the trees and use the existing sidewalk, the applicant is requesting approval of a modification to the requirements for parkstrip. Criteria For Approval. The grounds for review and potential approval of a Subdivision Plat Amendment request is found in Section 17-9-040(b) of the Draper City Municipal Code. This section depicts the standard of review for such requests as: (b) If the City Council is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment, the City Council may vacate, alter, or amend the plat, any portion of the plat, or any street or lot within the plat. REVIEWS Planning Division Review. The Draper City Planning Division has completed their review of the Plat Amendment submission and has issued a recommendation for approval for the request with the following proposed conditions: 1. That the existing home is removed prior to the amended plat being recorded. Engineering and Public Works Divisions Review. The Draper City Engineering and Public Works Divisions have completed their reviews of the Plat Amendment submission and have issued a recommendation for approval for the request with the following proposed conditions and comments: 1. Plat shall indicate the street dedication area as public. 2. Plat shall include signature block for water company (Draper Irrigation Company/Water Pro). Hoggan Lane App. # 140806-1534E Plat Amendment Request 2
3. Date on plat shall be updated. Building Division Review. The Draper City Building Division has completed their review of the Plat Amendment 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 Plat Amendment submission and has issued a recommendation for approval for the request without further comment. Noticing. The applicant has expressed their desire to amend the Hoggan Lane Subdivision plat 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 Plat Amendment by Jarin Dana, application 140806-1534E, subject to the following conditions: 1. That the existing home is removed prior to the amended plat being recorded. 2. That all requirements of the Draper City Engineering and Public Works Divisions are satisfied throughout the development of the site and the construction of all buildings on the site. 3. 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. 4. 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. 5. That all requirements of the Draper City Planning Division are satisfied throughout the development of the site and the construction of all buildings on the site, including permitting. 6. That a plat is prepared and submitted to the City in accordance to City standards to be recorded at the Salt Lake County Recorders office. 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. a. Encourage the development of a range of housing types and densities based upon orderly development patterns. b. Encourage new residential development to locate within areas currently served by adequate water, wastewater and other community services. 2. The proposed development plans meet the requirements and provisions of the Draper City Municipal Code. 3. The proposed development conforms to the general aesthetic and physical development of the area. 4. 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 Hoggan Lane App. # 140806-1534E Plat Amendment Request 3
City Council for the Hoggan Lane Plat Amendment Request by Jarin Dana, application 140806-1534E, based on the findings and subject to the conditions listed in the Staff Report dated September 30, 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 Hoggan Lane Plat Amendment Request by Jarin Dana,, application 140806-1534E, based on the following findings: 1. List any findings Hoggan Lane App. # 140806-1534E Plat Amendment Request 4
Hoggan Lane App. # 140806-1534E Plat Amendment Request 5
EXHIBIT A PROPOSED PLAT AMENDMENT
Apprvoed 11/06/2014 MINUTES OF THE DRAPER CITY PLANNING COMMISSION MEETING HELD ON THURSDAY, OCTOBER 9, 2014 IN THE DRAPER CITY COUNCIL CHAMBERS This document, along with the digital recording, shall constitute the complete minutes for this Planning Commission meeting. PRESENT: ABSENT: STAFF PRESENT: ALSO PRESENT: Chairperson Leslie Johnson, Planning Commissioners Andrew Adams, Drew Gilliland, Traci Gundersen, Jeff Head, Scott McDonald and Kent Player Commissioner Craig Hawker Doug Ahlstrom, Keith Morey, Robert Markle, Dan Boles, Dennis Workman, and Angie Olsen Roll on File 7:18:38 PM 5.0 Public Hearing: On the request of Jarin Dana, for approval of a Plat Amendment in the RA2 (Residential) zone to split lot two (1.22 acres) of the Hoggan Lane Plat into two separate, buildable lots. This application is otherwise known as the Hoggan Lane Subdivision Plat Amendment Request, Application #140806-1534E. 7:19:05 PM 5.1 Staff Report: Using the aid of a PowerPoint presentation and his staff report dated September 30, 2014, Senior Planner Dan Boles reviewed the details of the proposed application. He stated that according to Salt Lake County records, the house that is currently on the property was built in 1968; the subject home was the home on the larger parcel that became the Hoggan Lane subdivision which was recorded in May of 1998. He indicated the single parcel, lot two of the Hoggan Lane subdivision, which is the subject of this application is 1.22 acres and the applicant is seeking to split the lot to create two buildable parcels of property. He reviewed an aerial photograph of the subject property and noted that the home is located in the middle of the property which causes difficulties in creating a lot line to divide the parcel; there is a condition of approval that the existing home must be removed before the plat can be recorded so that there is not a lot line running through the middle of the home. He stated the RA2 zone calls for a minimum lot size of 20,000 square feet and each lot that would be created by the split are over 26,000 square feet in size. He reviewed the proposed plat and stated that the sidewalk is contiguous to the road in one area of the property and staff is recommending that be allowed to remain in order to avoid the need to tear out existing sidewalk and remove established trees in the area. He reviewed photographs of the property in its current state and concluded staff recommends approval of the application based on the findings and subject to the conditions listed in the staff report. 7:22:01 PM
Draper City Planning Commission Meeting Apprvoed 11/06/2014 October 9, 2014 Page 2 5.2 Commissioner Head asked if this is the only location in the neighborhood where the sidewalk is located so close to the road. Mr. Boles answered yes and stated it is a product of when the property was originally developed. Commissioner Player stated he would hate to see the established trees removed and he is in favor of maintaining the sidewalk in its current state. 7:22:41 PM 5.3 Applicant s Presentation: Jarin Dana indicated he is subdividing the property for personal reasons and he would also hate to remove the established trees on the property. 7:23:20 PM 5.4 Chairperson Johnson opened the public hearing; there were no comments and the public hearing was closed. 7:23:31 PM 5.5 Motion: Commissioner Head moved to forward a positive recommendation to the City Council for the Hoggan Lane Plat Amendment Request by Jarin Dana, application 140806-1534E, based on the findings and subject to the conditions listed in the Staff Report dated September 30, 2014. Commissioner Player seconded the motion. Conditions: 1. That the existing home is removed prior to the amended plat being recorded. 2. That all requirements of the Draper City Engineering and Public Works Divisions are satisfied throughout the development of the site and the construction of all buildings on the site. 3. 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. 4. 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. 5. That all requirements of the Draper City Planning Division are satisfied throughout the development of the site and the construction of all buildings on the site, including permitting. 6. That a plat is prepared and submitted to the City in accordance to City standards to be recorded at the Salt Lake County Recorder s office. Findings are on the next page. Findings: 1. The proposed development plans meet the intent, goals, and objectives of the Draper City General Plan. a. Encourage the development of a range of housing types and densities based
Draper City Planning Commission Meeting Apprvoed 11/06/2014 October 9, 2014 Page 3 upon orderly development patterns. b. Encourage new residential development to locate within areas currently served by adequate water, wastewater and other community services. 2. The proposed development plans meet the requirements and provisions of the Draper City Municipal Code. 3. The proposed development conforms to the general aesthetic and physical development of the area. 4. The public services in the area are adequate to support the subject development. 7:23:56 PM 5.6 Commissioner Gilliland expressed his dislike of the current state of the sidewalk and trees on the property. He stated he understands the logic of allowing the trees to remain, but he feels it disrupts the flow of the rest of the neighborhood. Commissioner Head agreed and added that the owners of the two lots will enjoy an additional eight feet of property whereby all other property owners in the neighborhood were required to have a parkstrip between the sidewalk and road. Commissioner Adams agreed and added it would be a shame if the trees came down and the Commission had allowed the sidewalk to remain without a parkstrip. He wondered if there is any way to require the property to continue in its original state. Mr. Boles indicated there is a note on the plat requiring the trees to be maintained. There was a general discussion regarding the age and condition of the trees with a focus on whether to maintain the trees and sidewalk. Commissioner Head concluded that since the condition of the sidewalk and trees has been in place for several years the neighborhood is accustomed to it. 7:27:18 PM 5.7 Vote: A roll call vote was taken with Commissioners Gundersen, Player, and Head voting to forward a positive recommendation to the City Council. Commissioners Gilliland and Adams voted in opposition.