November 6, 2019 DRAFT – for DISCUSSION PURPOSES ONLY
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Minutes November 6, 2019 DRAFT – FOR DISCUSSION PURPOSES ONLY BLUFFDALE CITY PLANNING COMMISSION MEETING MINUTES Wednesday, November 6, 2019 1 Present: 2 3 Members: Debbie Cragun, Chair 4 Kory Luker, Vice Chair 5 Johnny Loumis, Jr. 6 Traci Crockett 7 Stephen Walston 8 Holly Brown, Alternate 9 10 Others: Grant Crowell, City Planner/Economic Development Director 11 Jennifer Robison, Senior Planner 12 Caitlyn Miller, Senior Planner 13 Kris Stam, Community Development Coordinator 14 15 Chair Debbie Cragun called the meeting to order at 6:30 p.m. 16 17 PLANNING COMMISSION BUSINESS MEETING 18 19 1. Invocation and Pledge. 20 21 Kory Luker offered the invocation. Johnny Loumis, Jr. led the Pledge of Allegiance. 22 23 2. Public Comment. 24 25 There were no public comments. 26 27 3. Approval of Minutes from the October 2, 2019, Meeting of the Planning Commission 28 29 Stephen Walston moved to approve the minutes from the October 2, 2019, Planning 30 Commission Meeting, as written. Johnny Loumis, Jr. seconded the motion. Vote on motion: 31 Kory Luker-Aye; Johnny Loumis, Jr.-Aye; Traci Crockett-Aye; Stephen Walston-Aye; 32 Debbie Cragun-Aye. The motion passed unanimously. Alternate Planning Commissioner, 33 Holly Brown did not participate in the vote. 34 35 Administrative Items 36 37 4. PUBLIC HEARING, CONSIDERATION, AND VOTE on a Conditional Use Permit 38 Application (2019-48) to Allow the Sale of Agricultural Products, Seasonal Flowers, at 39 2135 West 14400 South. Franks S. Naylor, Applicant. Caitlyn Miller, Staff Presenter. 40 41 Senior City Planner, Caitlyn Miller presented the staff report and stated that the application began 1 DRAFT – FOR DISCUSSION PURPOSES ONLY BLUFFDALE CITY PLANNING COMMISSION MEETING MINUTES Wednesday, November 6, 2019 1 as a code enforcement case. The applicant has been working with the City’s Code Enforcement 2 Officer, Fire Chief, and the Salt Lake Valley Health Department to bring the property into 3 compliance. One of the items the applicant was required to do was to acquire a business license 4 through the City. In order for the business license to be approved, the applicant needs an active 5 Conditional Use Permit. Ms. Miller identified the location of the applicant’s home on a map 6 displayed and stated that he intends to sell flowers from his front yard. The sale of flowers qualifies 7 as Agricultural Products in the Land Use Table. 8 9 Ms. Miller read the conditions set forth in the staff report and stated that staff received several 10 emails regarding the application. The emails were provided to the Planning Commission as part of 11 the public record. 12 13 Ms. Miller explained that State Law mandates that a Conditional Use shall be approved unless there 14 are effects of the use that cannot be mitigated. Examples include effects that cannot be offset. For 15 example, if there are concerns about traffic, a proposed condition would include the provision of 16 parking in the driveway to minimize the impact on the traffic on the street (14400 South). Members 17 of the public have the opportunity to express their concerns. If there is no way for the concerns to 18 be mitigated, the Planning Commission would have to take that into consideration. 19 20 Commissioner Walston observed that a resident who submitted an email opined that greenhouses 21 should count toward the 20% allowable maximum of land coverage by buildings or structures on a 22 lot. If approved, the greenhouses would increase the lot coverage to 30%. Ms. Miller stated that 23 the Building Official who reviewed the Building Code ruled that greenhouses do not qualify as 24 structures, so they would not count toward the lot coverage of the subject property. 25 26 Since the application began as a code violation, Commissioner Crockett asked if the applicant was 27 currently in compliance with all of the standards set forth in the City Ordinance. Ms. Miller stated 28 that the property is in compliance with all City Codes and all applicable Fire and Health Codes. 29 After the Conditional Use Permit is approved, the applicant will be eligible to obtain a business 30 license to sell his agricultural products on his property. 31 2 DRAFT – FOR DISCUSSION PURPOSES ONLY BLUFFDALE CITY PLANNING COMMISSION MEETING MINUTES Wednesday, November 6, 2019 1 Chair Cragun opened the public hearing. 2 3 The applicant, Frank Naylor gave his address as 2135 West 14400 South and clarified that the Code 4 Enforcement Officer informed him that he needed a business license because he was selling so 5 many flowers. Mr. Naylor stated that he has been working closely with the Code Enforcement 6 Officer. He has been selling flowers for about eight years and is now seeking to obtain a business 7 license. He will widen the driveway to allow for off-street customer parking. 8 9 With regard to parking, Chair Cragun asked if there were any regulations regarding signage 10 specifying where parking is and is not allowed and how it will be regulated if the driveway is in use. 11 Mr. Naylor stated he only gets one or two cars a day, so he did not foresee his driveway ever being 12 at capacity. In response to Chair Cragun’s question to staff regarding regulations for parking, City 13 Planner/Economic Development Director, Grant Crowell, explained that a condition could be 14 attached to the Conditional Use Permit addressing that possibility. He added that the City does not 15 have an outright prohibition to on-street parking. 16 17 Commissioner Walston noted that one of the concerns stated in an email pertained to the wood 18 heating of the greenhouses and the resulting smoke. Mr. Naylor stated that he does not burn on 19 “Red No-Burn Days.” With regard to the greenhouses on his property, his property is one acre in 20 size and a good portion of it is taken up by a road and canal, so the lot coverage is misleading. Mr. 21 Naylor stated that he does his best to not impact the neighbors. He was in the process of 22 constructing a six-foot cinderblock fence to mitigate the impact of his greenhouses. 23 24 Christopher Proctor gave his address as 2125 West 14400 South next to the applicant’s property. 25 His major concern was the safety of cars coming out of Mr. Naylor’s driveway. If cars park on the 26 road, it would be very dangerous to try to turn left because the road narrows. Mr. Proctor was 27 interested in exploring potential parking alternatives. Smoke was also of concern to him. He 28 commented that the greenhouses are unsightly and there are tall weeds next to the structure, which 29 are flammable. Near the fence, the weeds can be waist high. Mr. Proctor suggested a condition be 30 imposed requiring signage in the front yard. He also asked if Mr. Naylor would be allowed to 31 display his flowers outside of business hours. Mr. Proctor responded that when he moved to 3 DRAFT – FOR DISCUSSION PURPOSES ONLY BLUFFDALE CITY PLANNING COMMISSION MEETING MINUTES Wednesday, November 6, 2019 1 Bluffdale, he intentionally chose a residential area and he felt the greenhouse business was 2 compromising the residential character of the neighborhood. 3 4 Chair Cragun noted that the staff recommendation was that parking be allowed only in the 5 driveway, which was to be widened. The staff report also specifies that a customer shall not 6 obstruct vehicular, bicycle, or pedestrian traffic along 14400 South. Commissioner Luker noted 7 that parking will be included as a condition of approval of the Conditional Use Permit. Mr. Crowell 8 added that the timing of conditions could also be included as part of the Conditional Use Permit. 9 Mr. Crowell explained that if the Planning Commission deemed signage as a means of mitigating 10 the parking concerns, it would fall within the purview of the Planning Commission’s approval 11 authority. 12 13 Chair Cragun next addressed concerns about smoke. She asked if the City has any regulations 14 pertaining to smoke and environmental hazards. Mr. Crowell stated that the City currently does not 15 have specific standards for particulate matter. Instead, the City defers to the Salt Lake County 16 Health Department or the Department of Air Quality. With regard to fire issues, the Fire 17 Department would be consulted. 18 19 Chair Cragun addressed the concern with weeds and asked if those issues would fall within the 20 scope of the Code Enforcement Officer’s work. Ms. Miller was not aware of the exact details of the 21 code enforcement case but stated that the Code Enforcement Officer has been spoken to the 22 applicant about the weeds. 23 24 Commissioner Walston noted that two other concerns pertained to advertising signage and the 25 movement of the flowers to the greenhouses outside of business hours. Ms. Miller stated that the 26 City has a standard in place for signs relating to home occupations. The sign standard is two square 27 feet. For home occupations, signs cannot be flashing. Therefore, it would have to be a flat, 28 nameplate type of sign. 29 30 With regard to the question of moving the flowers back into the greenhouses after business hours, 31 Mr. Crowell did not think there was anything in the City Ordinance that specifically addresses hours 4 DRAFT – FOR DISCUSSION PURPOSES ONLY BLUFFDALE CITY PLANNING COMMISSION MEETING MINUTES Wednesday, November 6, 2019 1 of display versus hours of patronage. The Planning Commission could include a condition to 2 address the issue if so desired.