ROY CITY PLANNING COMMISSION. June 13, 2017

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1 ROY CITY PLANNING COMMISSION June 13, 2017 Minutes of the Roy City Planning Commission Meeting held in the City Council Room of the Roy City Municipal Building on June 13, 2017, at 6:00 p.m. The meeting was a regularly scheduled meeting designated by resolution. Notice of the meeting was provided to the Standard Examiner at least 24 hours in advance. A copy of the agenda was posted. The following members were in attendance: Lindsey Ohlin,Chair Leland Karras Doug Nandell Claude Payne Jason Sphar Steve Parkinson, City Planner Brody Flint, Assistant City Attorney Excused: Joe Paul Others: Joan Greenwood, Nancy Ryan, Robert Joseph, Jeff Manning, Randy Manning, Randy Kapp, Sharee Kapp, Allison Park, Laura Hammons, Charlene Miller, Brian Laird, Wade Souza, Joelle Halverson, Andy McKay, Trudi Crossley, Mervyn Arnold, Bosnell [surname; first name not given], Curtis and Elise Tubbs, Jeremy McDonalds, Blaine Johnson, Dan Simms, Ryan Ashby, Bo McDonald, Loren Kay Pledge of Allegiance given by Commissioner Nandell 1. DECLARATIONS OF CONFLICT There were none. 2. APPROVAL OF MAY 9, 2017, MINUTES Commissioner Nandell moved to approve the May 9, 2017, minutes as written. Commissioner Payne seconded the motion. Commission members Karras, Nandell, Ohlin, Payne, and Sphar voted aye. 3. PUBLIC HEARING: REQUEST FOR PRELIMINARY SUBDIVISION APPROVAL OF SPENCER SUBDIVISION, LOCATED AT APPROXIMATELY 2250 WEST 5200 SOUTH City Planner, Steve Parkinson, presented an aerial map of the subject property and explained that the applicant was subdividing an existing parcel into two lots. Staff did not recommend approval because the applicant was trying to use part of the public right-of-way as lot area. He said there was a section of a 1989 staff report where the City Council had approved using a public right-of-way for the setback because of the draught relief line, but not as part of the lot area. There weren t any existing parcels along the southern part of 5200 South which used the draught relief line as lot area. There was one subdivision that was done in the 1950s that had an easement through the property for the draught relief, but everything built after 1984 used private property. Staff recommended denial because the lot sizes did not meet minimum standards.

2 Page 2 Commissioner Karras moved to open the public hearing. Commissioner Nandell seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar voted aye. Chair Ohlin opened the floor for public comments. Laura Hammons said she did not want higher density and had several issues with the renters in the house owned by Mr. Spencer. She said she was okay with the subdivision if the home was owner-occupied but not if it would be a rental. Furthermore, she also stated that where she lived on 2300 West and 5200 South; the street 2275 West went directly to the high school, elementary school and junior high school. There were a lot of children and families who walked through the area during the school year. Commissioner Sphar moved to close the public hearing. Commissioner Karras seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar, voted aye. Mr. Parkinson said this item was noticed as a subdivision and not a rezone. If the property met the ordinance requirements of 8,000 square feet per lot, they could build another single family home. The City could not regulate whether or not the property was rented out to tenants or owneroccupied. However, he again stated that both parcels did not have 8,000 square feet, which was why staff recommended denial. Commissioner Sphar moved to recommend to the City Council denial of the preliminary subdivision approval of Spencer Subdivision based on the staff s findings and subject to the conditions recommended by the staff. Commissioner Payne seconded the motion. Commission members Karras, Nandell, Ohlin Payne, and Sphar voted aye. The motion carried. 4. PUBLIC HEARING: REQUEST TO AMEND TITLE 10 ZONING REGULATIONS, CH 10 - GENERAL PROPERTY DEVELOPMENT STANDARDS, ADDING 3) WAREHOUSE, SELF-SERVICE STORAGE. Mr. Parkinson reviewed the applicant s proposal to amend City Code by adding Section 3, which would allow for warehousing and self-service storage facilities. This use was not currently allowed in the CC or RC zones. One concern that staff raised was they didn t want this use to be allowed in every area zoned CC or RC throughout the City. The deliberations that took place pertained to how this use could be allowed, but in a manner that was site specific. Mr. Parkinson presented a zoning map and identified which areas throughout the City were zoned CC and RC. The subject property had been vacant for more than 10 years, and the only types of proposals that had come forward to the property owner were for storage units. Staff recommended approval of the proposed ordinance amendment. Commissioner Sphar moved to open the public hearing. Commissioner Karras seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar voted aye. Chair Ohlin opened the floor for public comments.

3 Page 3 Blaine Johnson, 2036 Lincoln Avenue, Ogden, noted that he was the legal representation for Bruce Crouch, who was the managing member of the two LLCs that owned the subject property. He discussed the reasoning behind the proposed Ordinance change request, and stated that the subject property had limitations that prevented his client from being able to develop the land in any other way. He noted that his client had tried marketing the subject property for other uses for 10 years. Commissioner Payne moved to close the public hearing. Commissioner Sphar seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar, voted aye. Commissioner Nandell moved to recommend to the City Council approval of the request to amend Title 10 Zoning Regulations, CH 10 - General Property Development Standards, adding 3) Warehouse, Self-Service Storage based on the staff s findings and subject to the conditions recommended by the staff. Commissioner Karras seconded the motion. Commission members Karras, Nandell, Ohlin Payne, and Sphar voted aye. The motion carried. 5. PUBLIC HEARING: REQUEST TO AMEND THE GENERAL PLAN (FUTURE LAND USE MAP) FOR SOME OF THE PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR PROPERTY LOCATED AT APPROXIMATELY 3650 WEST 5600 SOUTH 6. PUBLIC HEARING: REQUEST TO AMEND THE ZONING MAP FROM R-1-10 (SINGLE- FAMILY RESIDENTIAL) TO CC (COMMUNITY COMMERCIAL) FOR PROPERTY LOCATED AT APPROXIMATELY 3650 WEST 5600 SOUTH Mr. Parkinson identified where the subject property was located. He said the property had been vacant for many years; since it was located on a UDOT road and had a limited number of accesses it was difficult land to develop. A developer recently approached the City and proposed rezoning the property so that it could be developed commercially. The applicant was proposing an assisted living center on the subject property. It would be single story, which would match the surrounding area. Mr. Parkinson noted that the site plan and elevations were included in the staff report. Staff recommended approval of the amendments to the general plan and zoning map. Commissioner Karras moved to open the public hearing. Commissioner Nandell seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar voted aye. Chair Ohlin opened the floor for public comments. Randy Kapp said he was in favor of proposed rezone as long as the use was the Assisted Living Facility. He said he would also like some sort of barrier, such as a wall or fence. Jeff Manning said he was also in favor of the proposed rezone as long as the use was the Assisted Living Facility. He said he would also like some sort of barrier, such as a wall or fence.

4 Page 4 Trudi Crossley said she was in favor of the proposed rezone as long as the use was the Assisted Living Facility. However, she had concerns with the grade difference and how it would be handled. Andy McKay noted that he was the applicant. He said they wanted to build an Assisted Living Facility. Therefore, he was okay with the rezone approval being contingent upon the Assisted Living Facility being built. He said he was also willing to construct a barrier, as requested by the residents. He explained that they created a garden-like atmosphere on their other properties. In regards to lighting, Mr. McKay noted that in the past they had a lighting study conducted as part of the engineering process. Developing a lighting plan would take place during the next phase of approval. Sharee Kapp asked where the barrier would be located. She said that because of the grade change, if the barrier was built at their level it would be six (6) feet, whereas if it was built at the site s level it would be two (2) feet. Mr. McKay responded that those matters would be reviewed at the Site Plan level. The engineers still needed to review and design the site. Brian Laird said he was in favor of the project. However, if the assisted living project fell through, he wanted to know what other uses would be allowed instead. Mr. Laird was also concerned with the setbacks. Commissioner Sphar moved to close the public hearing. Commissioner Payne seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar, voted aye. Mr. Parkinson said that generally anytime there was a difference in zoning between residential and commercial, a barrier wall or fence was required. At this point, staff would meet with the applicant to discuss what type of barrier would be appropriate for their project. He said they would start looking at the grading and lights during the site plan process. According to the City Ordinance, no light from a commercial property should spill over into a residential property. In regards to other uses allowed within the zone, Mr. Parkinson advised Mr. Baird to review Chapter 17 Table 17-2 of the Zoning Ordinance online to review a complete list of uses. He then reviewed the setback requirements as set forth in the CC zone. Commissioner Karras moved to recommend to the City Council approval of the request to amend the General Plan (Future Land Use Map) for some of the property from Medium Density Single-Family Residential to Commercial for property located at approximately 3650 West 5600 South, based on the staff s findings and subject to the conditions recommended by the staff. Commissioner Nandell seconded the motion. Commission members Karras, Nandell, Ohlin Payne, and Sphar voted aye. Commissioner Nandell moved to recommend to the City Council approval of the request to amend the Zoning Map from R-1-10 (Single-Family Residential) to CC (Community Commercial) for property located at approximately 3650 West 5600 South, contingent on the Assisted Living Facility is built and based on the staff s findings and subject to the conditions recommended by the staff. Commissioner Karras seconded the motion.

5 Page 5 Commission members Karras, Nandell, Ohlin Payne, and Sphar voted aye. The motion carried. 7. PUBLIC HEARING: REQUEST TO AMEND THE GENERAL PLAN (FUTURE LAND USE MAP) FOR SOME OF THE PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR PROPERTY LOCATED AT APPROXIMATELY 5455 SOUTH 4300 WEST Note: Items 7, 8, 9 and 10 all pertained to the same proposal. Mr. Parkinson said this was also a request to amend the general plan and zoning map. The Planning Commission had looked at the subject property last November. At the time, the property was rezoned from commercial to R-1-8 single family residential, and this request would reverse the rezone that took place. There was a 100-foot distance from an existing slough before any building could begin, which cut the developable lots down from six to two or three. Therefore, it was not cost effective to develop the subject property as residential. Mr. Parkinson explained that the applicant was planning to subdivide the property into three parcels, each with a different use: Lot 1 would be a convenience store; Lot 2 would be a car wash; and Lot 3 would be a two-story office/retail space. Mr. Parkinson said elevations and architecture were not ready for presentation, and so they would be reviewed at a later date. Lot 3 was next to the slough, and one consideration was to re-route the water through a piping system to be used as part of a water feature going through the complex. Staff recommended approval of the proposed amendments and preliminary site plan. 8. PUBLIC HEARING: REQUEST TO AMEND THE ZONING MAP FROM R-1-8 (SINGLE- FAMILY RESIDENTIAL) TO CC (COMMUNITY COMMERCIAL) FOR PROPERTY LOCATED AT APPROXIMATELY 5455 SOUTH 4300 WEST 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY SUBDIVISION APPROVAL OF DRQ SOLUTIONS COMMERCIAL SUBDIVISION, LOCATED AT APPROXIMATELY 5455 SOUTH 4300 WEST. 10. PUBLIC HEARING: REQUEST FOR PRELIMINARY SUBDIVISION APPROVAL OF DRQ SOLUTIONS COMMERCIAL SUBDIVISION, LOCATED AT APPROXIMATELY 5455 SOUTH 4300 WEST. Commissioner Sphar moved to open the public hearing. Commissioner Payne seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar voted aye. Chair Ohlin opened the floor for public comments. Nancy Ryan, Hooper resident, said she believed that the property was ideal for horses; however, unfortunately commercial developers outbid residential uses. She stated that the slough overflowed every year and could not be piped, and so it was impossible for a developer to develop a portion of the property without addressing the slough as a whole. She was concerned with the potential drop in property values and stated that spot zoning hurt everyone. Furthermore, there

6 Page 6 was a school nearby and it was dangerous for children to be walking to school through vacant parking lots. She said there was a criminal element that came with commercial development. She said it wasn t logical for the subject property to be commercial, and they didn t need a carwash or convenience store in the area. Robert Joseph, Roy resident, seconded everything Mrs. Ryan mentioned. He said the Intersection of 4300 West and 5500 South was bad, and that there had been several accidents at this intersection. He said that without traffic measures in place, commercial was a bad idea. Jeremy McReynolds, Hooper resident, quoted sections of the current Roy City General Plan regarding protection of Natural Resources [Howard Slough], Wet Lands, Quality of Life, property values. He stated that Roy couldn t maintain growth. He expressed concerns with the shallowness of the groundwater and amount of traffic, and said the area was a safety hazard. He said they needed approval from the U.S. Army Corps of Engineers in order to do anything within the slough. Joan Greenwood, Hooper resident, said pasture land was a great sound barrier of a nearby pump station. She said she was concerned with the current amount of traffic in the area, as well as the preservation of wetlands, and the stability of residential housing. She posed the question of how a commercial development could blend better with the area than single family homes. She concluded by asking the Commission to take the residents concerns into consideration. Tony Cross, Pleasant View resident, noted that he and his wife owned the property to the north. He was concerned that if the slough was piped there would be a change in the flow of water. The property in question was quiet and preserved a nice, country lifestyle. He said that commercial development would be a black eye to the area, and he was concerned with how it would affect neighboring property values. Susan Cross, Pleasant View resident, agreed with everyone that had already spoken. She said horses had been there for decades, and that it was a family area. Todd Grandstaff, applicant, said that according to his research, this area was in need of a C store and a carwash, and could handle more commercial development. He currently owned the land and they would develop the carwash and C store first. He noted which areas of 4300 West where the developer would be putting in curb, gutter and sidewalk. He said the subject property was on the market for four years until he started looking at the property last year. Nancy Ryan, Hooper resident, said she realized that people had tried to buy the land. She said there were developers who tried to purchase the subject property for residential, but they were outbid by commercial developers. She said that cities and towns often miscategorized horse property; some indicated that half an acre was sufficient, but she argued that horses needed closer to five acres. She opined that once the developer delved further into the slough issues they would leave and the property would be half developed. Jeremy McReynolds, Hooper resident, stated that previous tenants of the existing home on the subject property were forced to move by the owner.

7 Page 7 Susan Cross, Pleasant View resident, stated that she wanted the Commissioners to put themselves [while pointing her finger that the Commissioners] in the shoes of those that would be next to this development. With no further comments the public hearing was closed. Commissioner Karras moved to close the public hearing. Commissioner Sphar seconded the motion. Commission members Karras, Nandell, Ohlin, Payne and Sphar, voted aye. Mr. Parkinson stated that there would be a signal installed at the intersection of 4300 West and 5500 South. UDOT had already met with the City Engineer and Public Works Director. As part of that project, the City would have to put curb, gutter and sidewalk on the southwest side of 4300 West because it is a public right-of-way. He said this would improve pedestrian safety. In response to a question from Chair Ohlin, he said he did not know when the signal would be installed. Mr. Parkinson said that traffic would continue to increase, and the best way to mitigate the issues was by installing lights, roundabouts, increased police enforcement, etc. As Roy citizens, they did not have the power to stop development from occurring in neighboring cities such as Hooper or West Haven. He noted that he lived next to commercial development and he had not seen a decrease in his property values. In regards to the concerns raised about spot zoning, Mr. Parkinson said that the properties in this area were already spot zoned. Therefore, the rezone would not negatively impact the area inasmuch as what currently existed. He explained that the General Plan made development suggestions; however, it was not law which is why it was often amended. Mr. Parkinson acknowledged that they would have to go to the Corps of Engineers prior to doing anything with the slough. If the slough was piped, they would not be able to create any water head. In other words, as soon as it was piped it would not be able to decrease water flow; it would need to be able to flow at the same rate without interference. In response to a question from Chair Ohlin, Mr. Parkinson stated that this same piping issue would exist even if the property was developed as residential. Mr. Parkinson noted that the subject property had previously been designated as commercial in the General Plan since additions were made to the plan in The horse property rights still existed on the property because they were grandfathered in with the current home. However, those rights would be lost once the property started to be redeveloped. Mr. Parkinson noted that the property to the north was still zoned RA-20 and as such, still had horse property rights. Mr. Parkinson said there was shallow groundwater throughout various parts of Roy. Therefore, every developer was required to conduct a geotechnical study to determine what type of construction needed to take place. Chair Ohlin inquired upon the wetlands issue. Mr. Parkinson stated that the subject property was not identified as a wetland, and he subsequently noted which areas in Roy were designated as wetlands. In response to a comment by Commissioner Sphar, Mr. Parkinson also stated that he was not aware of any animals that were protected on any property within Roy City. Commissioner Sphar noted that swallows were federally protected.

8 Page 8 Commissioner Nandell stated that he didn t like to change something that was changed not too long ago. Commissioner Karras stated that the property was probably better suited for commercial, especially since it was a corner lot. Chair Ohlin stated that she felt the property owner had rights to build and do what he would like with his property. Commissioner Karras moved to recommend to the City Council approval of the request to amend the General Plan (Future Land Use Map) for some of the property from Medium Density Single-Family Residential to Commercial for property located at approximately 5455 South 4300 West, based on the staff s findings and subject to the conditions recommended by the staff. Commissioner Payne seconded the motion. Commission members Karras, Ohlin and Payne voted aye, and Commission members Nandell and Sphar voted Nay. The motion carried 3-to-2. Commissioner Karras moved to recommend to the City Council approval of the request to amend the Zoning Map from R-1-8 (Single-Family Residential) to CC (Community Commercial) for property located at approximately 5455 South 4300 West based on the staff s findings and subject to the conditions recommended by the staff. Commissioner Payne seconded the motion. Commission members Karras, Ohlin and Payne voted aye, and Commission members Nandell and Sphar voted Nay. The motion carried 3-to-2. Commissioner Karras moved to recommend to the City Council approval of the preliminary subdivision of DRQ Solutions Subdivision based on the staff s findings and subject to the conditions recommended by the staff. Commission members Karras, Ohlin, Payne, and Sphar voted aye, and Commission member Nandell voted Nay. The motion carried 4-to- 1. Commissioner Karras moved to recommend to the City Council approval of the Site Plan for Murphy s Soap and Suds located at approximately 5455 South 4300 West with the conditions and facts as stated in the staff report. Commissioner Payne seconded the motion. Commission members Karras, Ohlin, Payne, and Sphar voted aye, and Commission member Nandell voting Nay. The motion carried 4-to-1. Commissioner Karras moved to table the Architectural review for the above item for further review and additional documentation. Commissioner Payne seconded the motion. Commission members Karras, Nandell, Ohlin, Payne, and Sphar voted aye. The motion carried. 11. CONSIDER A REQUEST FOR SITE PLAN AND ARCHITECTURAL APPROVAL FOR A MOUNTAIN SHINE CARWASH LOCATED AT APPROXIMATELY 5300 SOUTH 1900 WEST Mr. Parkinson presented the staff report and stated that the zoning of the subject property was RC, which allowed car washes as a permitted use. He noted that the site plan would replace an existing mobile home park. The applicant already approached UDOT and they would not have

9 Page 9 access to 1900 West, which would benefit the intersection. Alternatively, they would have access off of 5300 South. The site plan met the ordinance requirements for setbacks, landscaping and parking. The building would be stucco with split face rock at the bottom. There were some sections of the wall that were longer than 30 feet, and the memorandum from the Design Review Committee indicated that those walls would need to be modified. Staff recommended approval of the site and architectural plans with the conditions listed in the staff report. Cody Veibell, 1025 South 1250 East, Brigham City, stated that he was the applicant. He explained that the car wash should not affect Burger Bar, because people would pass their property in order to access the car wash. He indicated that they would significantly improve the property. Commissioner Nandell moved to recommend to the City Council approval of the Site Plan for Mountain Shine Carwash located at approximately 5300 South 1900 West with the conditions and facts as stated in the staff report. Commissioner Sphar seconded the motion. Commission members Karras, Ohlin, Payne, and Sphar voted aye. The motion carried. Commissioner Nandell moved to recommend to the City Council approval of the Architectural review for the above item for further review and additional documentation. Commissioner Karras seconded the motion. Commission members Karras, Ohlin, Payne, and Sphar voted aye. 12. CONSIDER A REQUEST FOR SITE PLAN AND ARCHITECTURAL APPROVAL FOR A BONNEVILLE MEATS LOCATED AT APPROXIMATELY 1875 WEST 4000 SOUTH Mr. Parkinson stated that this was an existing building located near the Ogden airport. The applicant wanted to add a cooler on the outside of the building, and it would not be visible from any street. However, they were still required to abide by the ordinance requirements, including a break every 30 feet. The elevations had also changed, and they would be losing nine parking stalls on the site plan. However, Mr. Parkinson said there was still plenty of parking on the site and so losing those nine spaces was not a concern. Staff recommended approval of the site and architectural plans with the conditions listed in the staff report. Beau McDonald, 6230 South 2125 East, South Ogden, stated that he was the owner of Bonneville Meats. Ryan Ashby, 675 West 19 North, West Bountiful, stated that he was the general contractor on this project. Mr. McDonald said they were originally going to purchase panels and build a roof over the top of the building. However, those materials would have been shipped all over the world which was expensive. Therefore, they decided to go with a newer technology that utilized Styrofoam; it would cost significantly less and create a more appealing look as well. They were also hoping to be able to extend an additional 10 feet. Mr. McDonald stated that they were under a tight deadline and needed to move as quickly as possible. They would be moving into the building before the freezer was built and so they would like to put up a temporary freezer, if possible.

10 Page 10 Mr. Ashby presented an aerial map of the subject property. He identified an existing garage that could be used for the temporary freezer, and said that it was already connected to power. Chair Ohlin asked if the image represented the extra 10 feet, and she was informed that it did not. Commissioner Karras inquired upon the site s parking if the building was extended an additional 10 feet, and Mr. Parkinson again stated that he was not concerned with the number of parking stalls. He said there was already plenty of parking on the site. Commissioner Karras moved to recommend to the City Council approval of the Site Plan for Bonneville Meats located at approximately 1875 West 4000 South with the conditions and facts as stated in the staff report as well as allowing staff to review and approve the new site plan. Commissioner Sphar seconded the motion. Commission members Karras, Nandell, Ohlin, Payne, and Sphar voted aye. Commissioner Karras moved to approve the Architectural review for the above item for further review and additional documentation as well as allowing staff to review and approve the new elevations. Commissioner Sphar seconded the motion. Commission members Karras, Ohlin, Payne, and Sphar voted aye. 13. DISCUSSION OF TITLE 11 SUBDIVISION ORDINANCE Mr. Parkinson stated that the Subdivision Ordinance was the next Ordinance they would be reviewing. This hadn t been updated since 2007 and they need to make sure it complied with the Land Use, Development, and Management Act (LUDMA) which was adopted in Chair Ohlin entertained a brief comment from a member of the audience. Loren Kay stepped forward to comment on Mr. Spencer s property, as was discussed in Item #3. He read a portion of a previous set of meeting minutes. Chair Ohlin stated that the Commission already voted on this item, and that the matter would be forwarded onto the City Council. She encouraged him to voice his comments to the City Council as well. 14. DISCUSSION AND POSSIBLE ACTION ON RULES & REGULATIONS FOR THE PLANNING COMMISSION Chair Ohlin suggested that the Commission discuss without taking action on this item tonight. She then turned the time over to Mr. Parkinson. Mr. Parkinson stated that the Commission did not have a formal set of rules and regulations on record. He presented a draft document and suggested that the Commission implement time limits on public comments. There was further deliberation on the matter. 15. TRAINING HOW TO MAKE INFORMED DECISIONS ON LAND USE ISSUES Mr. Parkinson presented a short video featuring Land Use Attorney, Brent Bateman, of the Property Rights Ombudsman Office. The Commission briefly discussed the contents of the video. 16. ADJOURN

11 Page 11 Commissioner Nandell moved to adjourn. Commissioner Karras seconded the motion. Commission members Karras, Nandell, Ohlin, Payne, and Sphar voted aye. The motion carried. Attest: Lindsey Ohlin Chair Amy Mortenson City Recorder dc: