10/22/2015 MINUTES OF THE DRAPER CITY PLANNING COMMISSION MEETING HELD ON THURSDAY, SEPTEMBER 24, 2015 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 Drew Gilliland, Planning Commissioners Andrew Adams, Craig Hawker, Jeff Head, Scott McDonald and Kent Player Commissioner Traci Gundersen Keith Morey, Mike Barker, Dan Boles, Dennis Workman, and Eric Lundell Roll on File Study Meeting: 6:14:01 PM Study Business Items: Chairperson Gilliland briefly reviewed the items listed on the business meeting agenda, noting item two has been removed from the agenda at the request from the applicant. He invited Commissioners to direct any questions to staff regarding any of the items. Commissioner Player inquired as the nature of the home occupation business that is being considered under item three on the agenda. Planner Workman noted that the applicant manufactures prosthetics and masks for film and other theatrical purposes; he will not be in attendance this evening because he is participating in ComiCon. **Staff Reports were heard out of order.** 6:17:34 PM 8.0 Staff Reports: Community Development Director, Keith Morey, provided a brief report regarding the recent actions of the City Council. He reported the City Council has consented to entering into an incentive agreement for a new automobile dealership considering locating in Draper on 11400 South and there was a brief general discussion regarding past development plans for the parcel subject to the agreement. 6:19:38 PM 8.1 Commissioner Head asked if item two was pulled from tonight s agenda by the applicant due to the fact that the staff report contained a negative recommendation. Mr. Morey stated that the property owner was somewhat confused about the uses that would be permitted in the zoning designation they were requested and they also
Page 2 discovered they may not have support of the Mayor and Council without a development agreement accompanying the rezone application. Business Meeting: Chairperson Gilliland explained the rules of public hearings and called the meeting to order at 6:30:30 PM. 6:30:56 PM 1.0 Action Item: Approval of the minutes from the August 27, 2015 Planning Commission meeting. 6:31:10 PM 1.1 Motion: Commissioner Player moved to approve the minutes. Commissioner Hawker seconded the motion. 6:31:12 PM 1.2 Vote: A roll vote was taken with Commissioners Player, Hawker, Head, Adams, and McDonald voting in favor of approving the minutes. 6:31:27 PM 2.0 Public Hearing: On the request of Gary McDonald for approval of a Zoning Map Amendment of 7.02 acres at approximately 13740 S. 300 E. from the RA1 (single family, 40,000/sf minimum lot size) zone to the RM1 (residential multifamily) zone. This application is otherwise known as the Southwest 300 East Zone Change Request, Application #150817-13740S. This item was withdrawn at the applicant s request. 6:31:31 PM 3.0 Public Hearing: On the request of Logan Long for approval of a Conditional Use Permit (CUP) in the R3 (residential) zone allowing a Home Occupation creating prosthetic appliances for film at 438 E. Parowan Wy. This application is otherwise known as the Logan Long Creative Works CUP Request, Application #CUP-000005-2015. 6:31:51 PM 3.1 Staff Report: Using the aid of a PowerPoint presentation and his staff report dated September 15, 2015, Senior Planner Dan Boles reviewed the details of the application. He noted the application is a request for approval of a Conditional Use Permit for approximately 0.33 acres located in the Centennial Heights Plat B subdivision, at 438 East Parowan Way; the property is currently zoned R3 Residential. He explained the
Page 3 applicant is requesting that a Conditional Use Permit be approved to allow for a cottage home occupation business; the applicant has lived in the home for approximately ten months. He indicated the home was built in 1997 and is approximately 2,500 square feet. He then noted a cottage business is 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. 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. He noted owners of cottage businesses must obtain a CUP to operate. He then reviewed an aerial photograph to identify the location of the subject property, after which he concluded staff recommends approval of the application based on the findings and subject to the conditions listed in the staff report. 6:34:10 PM 3.2 Commissioner Player asked if this is the applicant s primary occupation, to which the applicant s wife answered yes. 6:34:10 PM 3.3 Applicant s Presentation: The applicant was not present and his wife noted she had nothing further to add. 6:34:29 PM 3.4 Chairperson Gilliland opened the public hearing; there were no comments and the public hearing was closed. 6:34:36 PM 3.5 Motion: Commissioner Hawker made a motion to approve the Conditional Use Permit Request by Logan Long, for a home occupation conditional use permit, application CUP-000005-2015, based on the findings and subject to the conditions listed in the Staff Report dated September 15, 2015. Commissioner Adams seconded the motion. Conditions: 1. The business shall meet all requirements of DCMC Section 9-34-040, except as provided by this permit. 2. 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. 3. If an outside person is employed in the future as allowed by Draper City Municipal Code, the employee shall park on the driveway. 4. A building inspection and fire inspection shall be required with the business license application review. 5. Obtain the necessary sign permits prior to installation of any proposed signage. Conditions continued to the next page.
Page 4 Conditions Continued: 6. The home occupation shall continually maintain a valid Draper City Business License throughout its operation. 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; 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. 6:35:14 PM 3.6 Commissioner McDonald noted he lives in close proximity to the subject property, but he has no conflict with this application. 6:35:20 PM 3.7 Vote: A roll call vote was taken with Commissioners Hawker, Adams, Head, Player, and McDonald voting in favor of approving the CUP. 6:36:09 PM 4.0 Public Hearing: On the request of Frank Lavery for approval to amend the Draperville Subdivision Plat splitting the property at 606 E. 12000 S. into two lots. This application is otherwise known as the Lavery Subdivision Plat Amendment, Application #150817-606E.
Page 5 6:35:55 PM 4.1 Chairperson Gilliland noted that his daughter has a relationship with the applicant s son, but this does not create a conflict for him when considering this application. 6:36:22 PM 4.2 Staff Report: Using the aid of a PowerPoint presentation and his staff report dated September 11, 2015, Planner Dennis Workman reviewed the details of the application. He noted the applicant seeks to subdivide the subject property into two lots. He explained in November 2014, the City Council rezoned the property from RA1 to RA2, an action that was done in anticipation of this request; though a simple lot split, this application needs to be handled as an amendment to the Draperville Subdivision plat, which was recorded in June 1873. He indicated the property contains an existing home on its north side which fronts onto 12000 South and since that road is the property s sole access, the split can be accommodated only through a flag lot configuration. He concluded staff has verified that the size of the property is adequate to create two 20,000 s.f. lots exclusive of the private lane and turnaround hammerhead and staff recommends approval of the application based on the findings and subject to the conditions listed in the staff report. 6:37:29 PM 4.3 Commissioner Player asked if there are any issues with utilities serving the property, to which Mr. Workman answered no. 6:37:56 PM 4.4 Commissioner Hawker asked if the existing shed on the property will be removed, to which Mr. Workman answered yes. 6:38:12 PM 4.5 Applicant s Presentation: The applicant indicated he had nothing to add to Mr. Workman s report. 6:38:22 PM 4.6 Chairperson Gilliland opened the public hearing. 6:38:37 PM 4.7 Mike Thigus stated he is a neighbor of the applicant and wished to offer his support for this application. 6:38:46 PM 4.8 Chairperson asked if there were additional persons wishing to address the application; there were none and the public hearing was closed.
Page 6 6:38:54 PM 4.9 Motion: Commissioner Head made a motion to forward a positive recommendation to the City Council on the Lavery Subdivision Plat Amendment as requested by Frank Lavery, application 150817-606E, based on the findings listed in the staff report dated September 11, 2015. Commissioner McDonald Findings: 1. That the amended plat shows complete adherence to all development standards of the RA2 zone. 2. That all requirements pertaining to the creation of a subdivision plat, as contained in Chapters 17-3 and 17-4 of the DCMC, are adhered to. 3. That the applicant is responsible for the construction of project-side road improvements of 12000 South. 4. That all Draper City engineering standards are adhered to during preliminary and final design. 5. That all requirements of the Unified Fire Authority are satisfied. 6:39:16 PM 4.10 Vote: A roll call vote was taken with Commissioners Head, McDonald, Player, Hawker, and Adams voting in favor of approving the plat amendment. 6:39:41 PM 5.0 Public Hearing: On the request of Ed James, representing Quilters Lodge for approval to amend both the Conditional Use Permit (CUP) increasing the allowed number of overnight guests from 16 to 26 and the Site Plan by adding angled on-street parking in the Town Center (TC) zone at 12214 S. 900 E. These applications are otherwise known as the Quilters Lodge Conditional Use Permit and Site Plan Amendments Requests, Application #'s: CUP-000017-2015 and SP-000018-2015. 6:40:05 PM 5.1 Staff Report: Using the aid of a PowerPoint presentation and his staff report dated August 28, 2015, Dennis Workman reviewed the details of the application. He provided a brief history regarding the project, noting on September 1, 2015 the City Council rezoned the subject property from CN to TC in anticipation of this request to amend the site plan to be allowed to install angled on-street parking. He added the applicant also seeks approval to amend the conditional use permit to increase the allowed number of overnight guests from 16 to 26. He reviewed the site plan for the project, which has received engineering approval, and he identified the location of the on-street parallel and angled parking stalls surrounding the building. He also reviewed the landscaping plan and stated the landscaping will be beautiful. He concluded staff recommends approval of the application based on the findings and subject to the applications listed in the staff report.
Page 7 6:42:31 PM 5.2 Commissioner Player asked if the configuration of parking on the south side of the property will remain the same, to which Mr. Workman answered yes. 6:43:04 PM 5.3 Applicant s Presentation: Applicant Ed James stated that the landscaping at the site has been improved in order to increase the open space on the site, but no changes will be made to the structure itself. He is working with the City Engineer to address all of this comments and recommendations. 6:44:04 PM 5.4 Chairperson Gilliland opened the public hearing; there were no comments and the public hearing was closed. 6:44:21 PM 5.5 Motion regarding CUP: Commissioner McDonald made a motion to approve the request by Ed James to amend the Quilters Lodge conditional use permit, application CUP-000017-2015, based on the findings and conditions listed in the staff report dated August 28, 2015 Conditions: 1. That all conditions of the Planning Commission approval of December 19, 2013 remain in full force. 2. That after site plan amendment approval by the Planning Commission, the applicant shall submit 12 sets of revised plans to be stamped Approved for Construction. Six of these shall be 24x36 in size and six shall be 11x17. Each of these sets shall contain all sheets previously submitted for Planning Commission review (i.e. civil, landscape, architectural) stapled together. Findings: 1. That amending the conditional use permit to allow for ten additional boarders will not be detrimental to the health, safety, or general welfare of persons or properties in the area. 2. That amending the site plan as proposed will have no negative impacts on adjacent land uses. 3. That the TC zone allows on-street parking stalls to be counted toward the parking requirement, and that the overall number of stalls will be adequate for the proposed use. 6:44:47 PM 5.6 Vote: A roll call vote was taken with Commissioners McDonald, Head, Player, Adams, and Hawker voting in favor of approving the CUP.
Page 8 6:45:01 PM 5.7 Motion regarding Site Plan: Commissioner Adams made a motion to approve the Quilters Lodge site plan amendment request by Ed James, application SP-000018-2015, based on the findings and conditions listed in this staff report dated August 28, 2015. Commissioner Player seconded the motion. 6:45:28 PM 5.8 Vote: A roll call vote was taken with Commissioners Adams, Player, McDonald, Hawker, and Head voting in favor of approving the site plan amendment. 6:45:46 PM 6.0 Public Hearing: On the request of Jeffrey Nelson for approval to amend both the Conditional Use Permit (CUP) increasing the number of beds from 43 to 64 and the Site Plan to allow for modifications of two existing buildings in the CR (Community Regional) zone at 12607 S. Minuteman Dr. These applications are otherwise known as the Youth Care CUP and Site Plan Amendments Requests, Application #'s: 150727-12607S and 150817-12595S. 6:46:04 PM 6.1 Staff Report: Using the aid of a PowerPoint presentation and his staff report dated September 11, 2015, Planner Dennis Workman reviewed the details of the application. He noted Youth Care of Utah operates residential treatment centers for adolescents between the ages of 11 and 17; they have been in their current location for many years and they have been good neighbors. He reviewed a history of the actions the City has taken regarding the use, noting in April 2004, Youth Care was granted a CUP to expand its use from 43 beds to 73 beds; it was anticipated at the time that most of these additional beds would be in a new building on the adjacent parcel to the west, which Youth Care did not own at the time. He explained the 2004 CUP approval lapsed without any action taken to expand the facility. He stated Youth Care of Utah has made new application seeking approval for the following: CUP approval to expand the use from 43 to 64 beds, and site plan amendment approval to make some modifications to two of the existing buildings. He noted that while the CUP applies to the entire site, including a yet-to-beconstructed building on the west-abutting parcel, the site plan amendment applies only to the existing buildings. He indicated a full site plan application for the new building is forthcoming, but is not part of this application. He reviewed the site plan for the entire project and concluded staff recommends approval of the CUP and the site plan amendment based on the findings and subject to the conditions listed in the staff report. 6:49:07 PM 6.2 Applicant s Presentation: The applicant indicated they had nothing to add to Mr. Workman s presentation.
Page 9 6:49:11 PM 6.3 Chairperson Gilliland opened the public hearing; there were no comments and the public hearing was closed. 6:49:24 PM 6.4 Motion regarding CUP: Commissioner Head made a motion to approve the Youth Care CUP Amendment as requested by Jeffrey Nelson, application 150727-12607S based on the findings listed in the staff report dated September 11, 2015. Commissioner Hawker seconded the motion. Conditions: 1. That all requirements of the Draper City Engineering Division are satisfied throughout development of the site, particularly those contained in the engineering review memo dated September 11, 2015. 2. That all requirements of the Unified Fire Authority are met throughout development of the site. 3. That a building permit is issued prior to construction. 4. That signage is not approved with this site plan approval. All signage requires separate permits and is required to comply with Chapter 9-26 of the Draper City Municipal Code. 5. That all landscaping is installed in accordance with the approved plan. 6. That the applicant submits 12 sets of plans to be stamped Approved for Construction. Six of these shall be 24x36 in size and six shall be 11x17. Each of these sets shall contain all sheets previously submitted for review stapled together. Findings: 1. That the proposed site plan is consistent with the goals, objectives and policies of the City s General Plan. 2. That the proposed site plan will not adversely affect adjacent property. 3. That adequate facilities and services exist to serve the subject property, including but not limited to roadways, police and fire protection, storm water drainage systems, water supplies, and waste water and refuse collection. 4. That all site plan drawings were developed in accordance with the standards contained in Draper City s zoning ordinance. 6:49:49 PM 6.5 Vote: A roll call vote was taken with Commissioners Head, Hawker, Adams, Player, and McDonald voting in favor of approving the CUP.
Page 10 6:50:02 PM 6.6 Motion regarding Site Plan: Commissioner Player made a motion to approve the Youth Care Site Plan Amendment as requested by Jeffrey Nelson, application 150817-12595S based on the findings listed in the staff report dated September 11, 2015. Commissioner Hawker seconded the motion. 6:50:35 PM 6.7 Vote: A roll call vote was taken with Commissioners Player, Hawker, Head, Adams, and McDonald voting in favor of approving the site plan amendment 6:17:34 PM & 6:50:51 PM **Staff reports were also heard during the study session above.** 7.0 Staff Reports: Chairperson Gilliland thanked staff for amending the format of staff reports to make suggested motion language easier to locate. 6:51:19 PM 7.1 Community and Economic Development Director Morey reported the City Council appointed Mike Barker as the Draper City Attorney. 6:52:12 PM 8.0 Adjournment: Commissioner Player moved to adjourn the meeting. 8.1 A voice vote was taken with all in favor. The meeting adjourned at 6:52:18 PM.