Planning Commission Staff Report

Transcription

1 3330 South 1300 East Millcreek, UT millcreek.us File # CU Planning Commission Staff Report Meeting Date: September 19, 2018 Applicant: Simple Homes LLC Property Address: 3350 S E. Parcel ID: Request: Conditional use permit for a single-family home in an R-1-5 Zone Zone: R-1-5 Community Council: Millcreek Prepared By: Blaine Gehring, AICP SYNOPSIS AND SCOPE OF DECISION Applicant is requesting a conditional use permit for a single-family home in an R-1-5 Zone. The lot was rezoned to R- 1-5 in January, 2018 and the zone allows single family dwellings as a conditional use. This is a request for that conditional use permit and not another zone change request. Existing Zoning Existing Land Use Surrounding Uses and Zones Site Improvements Parcel ID Size of Property R-1-5 (rezoned in January 2018) Vacant R-1-8, R-M, and C2 Commercial, multi-family and single family None ,540 sq. ft. (.20 acres) Pursuant to Chapter of the Millcreek Code, the R-1-5 zone allows single family dwellings once a conditional use permit is approved. The Planning Commission is asked to consider this request considering reasonably anticipated detrimental effects of the proposed use for the neighborhood.

2 SITE & VICINITY DESCRIPTION Figure 1: Aerial View

3 Figure 2: Street View Land Use and Zoning The subject parcel is surrounded by single family homes on the south and east, single family homes and storage units zoned commercial on the north and multi-family and commercial to the east. There is a law office in a converted home in the R-M Zone to the east. The parking lot south of the law office is part of the Millcreek Hollow Condominiums. A small stirp mall fronts 3300 South on the east side of 1100 East.

4 Figur 3: Zoning

5 Figure 4: Land Use

6 Site and Landscape Plan

7 Elevations

8 Floor Plan PROJECT INFORMATION The property is completely vacant. The previous single-family home was demolished at the beginning of 2017 to avoid vandals and squatting. Consequently, the use was abandoned, and this made the lot non-conforming. The lot width is standard for the neighborhood, but not standard for the R-1-8 zone which requires a 65-foot minimum width at the setback line. The R-1-5 zone only requires a 25-foot minimum width at setback. The lot has a foot width and a 165-foot depth. The rezone to R-1-5 was to bring a residential lot into compliance for the development of a residential use. A new single-family home on the property will be a welcome and appropriate addition to the existing area. Proposed Uses. Single family residential.

9 Density. The allowable density in the R-1-5 Zone is 7 units per acre. Site Layout. Single family residential with a detached 2-car garage with no special fencing or landscaping required. Access. Access is from 1100 East. Dedication. Not applicable. Parking. A 2-car detached garage will be provided. Open Space % of the lot in landscaping. Building Design. Single story single family modular home. Height: 15 9 at the tallest point as measured from a relatively flat grade Setbacks: 25 ft. front, 5 and 15 ft. sides, 88 ft. rear. Materials: Painted cement board and corrugated aluminum siding and metal roof. Unit Characteristics: Single family home with 2 bedrooms. Amenities. Not applicable. Utilities and Waste Removal. Residential trash collection. Development Agreement Considerations. Not applicable. Exceptions. Section (F)-Single-Family or Two-Family Dwellings: Standards requires that at least sixty percent of the roof of the dwelling must be pitched at a minimum of two and one-half to twelve (2.5:12) and shall have a roof surface of wood shakes, asphalt, composition, wood shingles, concrete, fiberglass or metal tiles or slate or built-up gravel materials. Because this modular home will be shipped by truck from Idaho, the pitch and height need to be restricted to fit under the overpasses. The pitch on the two sides of this modular home is 1.25:12 and 1.0:12 respectively. Subsection I of that Section allows for the Development Services Director to approve a deviation from that requirement which Francis Lilly said he will do. Project Information Summary Table Requirement R-1-5 Zone Requirement Proposed Height 35 feet with a minimum of one story 15 9 to highest point Density 7 units per acre 7 units per acre Front Yard Setback 20 feet 25 feet Side Yard Setback 5 feet on one side and 11 feet on the garage of driveway side or 8 feet on each side Rear Yard Setback 15 feet with garage 88 feet Lot Width 25 feet at a distance of 20 feet from the front lot line feet Lot Area 5,000 square feet minimum 8,540 sq. ft. (.20 acres) Parking 2 spaces per single family dwelling with one covered space (tandem parking is allowed for individually owned units) 5 feet on one side and 15 feet on the garage/ driveway side 2-car detached garage to be provided Open Space Lot coverage restricted by setbacks % landscaping

10 COMMUNITY COUNCIL RESPONSE At their meeting on September 4, 2018 the Millcreek Community Council unanimously recommended approval of the conditional use permit. STANDARDS FOR APPROVAL Per of the Millcreek Code, All Conditional Use Permits run with the land and may require the applicant to record documents to that effect. The Planning Commission and staff, in their review capacity, may impose site plan modifications and conditions to mitigate the reasonably anticipated detrimental effects of a conditional use. Staff identified the following reasonably anticipated detrimental effects on this project, and recommend the following modifications and conditions to mitigate them: 1. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer. No effect of the traffic patterns. A single-family home replaces a prior single family home on the lot. 2. Detrimental effects on the adequacy of utility systems, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, or preserving existing systems, including other reasonable mitigation as determined by the City s engineering staff, contracted engineers, and utility service providers. Water, sewer and storm drainage exist. No effect on existing systems. 3. Detrimental effects on connectivity and safety for pedestrians and bicyclists. No effect on existing conditions. 4. Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including such effects as environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance. Not applicable.

11 5. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, high ground water, environmental health hazards, or wetlands, as determined by City Engineer, City geologist and other qualified specialists. Not applicable. 6. Detrimental effects of modifications to or installation of signs and exterior lighting that conflict with neighborhood compatibility. Not applicable. 7. Detrimental effects arising from incompatible designs in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, and architectural design and exterior detailing/finishes and colors within the neighborhood in which the conditional use will be located. The house plans will be compatible with the existing neighborhood. 8. Detrimental effects on the tax base and property values. New home which will provide new property taxes. 9. Detrimental effects on the current level of economy in governmental expenditures. Not applicable. 10. Detrimental effects on emergency fire service and emergency vehicle access. Not applicable. 11. Detrimental effects on usable/functional/accessible open space. Not applicable.

12 12. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring. Not applicable. 13. Detrimental effects on appearance from graffiti. Applicants shall apply an anti-graffiti material or coating, approved by the City, to building, fence, and other surfaces from ground level to a height of nine feet. The Planning Commission may approve dense planting or appropriate design measures in place of anti-graffiti materials. This requirement may be imposed retroactively where graffiti issues are present. Not applicable. PLANNING STAFF ANALYSIS AND FINDINGS Per of the Millcreek Code, the Planning Commission can impose site plan modifications and conditions to mitigate the reasonably anticipated detrimental effects of a conditional use. While staff finds that the project is well designed and is conceptually in compliance with the City s development standards, the final conditional use permit will be evaluated for potential detrimental impacts established in the Millcreek Code. Building plans will be reviewed for compliance with R-1-5 Zone standards and compliance with Section F. of the Millcreek City Code with a deviation to be granted. PLANNING STAFF RECOMMENDATION AND MODEL MOTION Planning Staff recommends approval of the conditional use permit. A model motion is as follows: Motion to Approve a conditional use permit for a single family home in an R-1-5 Zone located at 3350 South 1100 East with the following conditions: 1. Compliance with R-1-5 Zone standards and Section F. of the Millcreek Code with an approved deviation. 2. Parking shall be provided with a 2-car garage. The 2-car accessory garage will require a separate building permit and staff review for zoning/land use compliance. 3. Prior to receiving final conditional use approval, the applicant shall certify that existing utility services have the capacity to accommodate additional demand induced by the development, or that the services will be upgraded to meet the additional demand. 4. Any modifications to these approved plans must be approved by the Planning Department, in writing, prior to the changes being implemented in the field.

13 5. Landscaping shall be installed in compliance with Chapter Water Efficient Landscape Design and Development Standards. 6. The applicant will comply with all requirements established through the technical review process prior to receiving final conditional use approval. 7. All items of the staff report. SUPPORTING DOCUMENTS Deviation Approval, CUP Application, Affidavit and Supplemental Form

14

15 Planning Services 3330 South 1300 East Millcreek, Utah Phone: (801) Millcreek.us File # Land Use & Development Application Zone: Community Council: Planner: Parent File #: Date: Property Address: Parcel #: Name of Project Property Acreage: Please describe your request: New Development: q Conditional Use q Permitted Use q Subdivision # lots: q PUD #lots: Modify an Existing Development: q Change Conditions of Approval q Change the Site Plan q Condo Conversion q Lot Consolidation q Lot Line Adjustment q Mobile Store q Signs q Billboards Other: q Exception Request q General Plan Amendment q GRAMA (Records Request) q Land Use Hearing q Non-Conforming q RCOZ Appeal (Option C) q Research Request q Re-zone q Right-of-Way Improvement Permit q Vacate a Street Is a key or gate code required to access the property? q Yes q No If yes, code: (or provide driving directions to property): Revised 22 May 2018 (1 of 2)

16 APPLICANT S NAME: First: Last: Initial: Address: City: State: Zip: Phone: Cell: Property Owner(s): First: Last: Initial: Address: City: State: Zip: Phone: Cell: Professional(s): q Engineer q Architect q Other Company: Contact: Address: City: State: Zip: Phone: Cell: *NOTE: all correspondence will be sent to the applicant s address: To facilitate the land use notice and review process, the undersigned hereby authorize the City to reproduce this application and all documents attached to the application for staff, officials, and the interested public: Applicant s Signature: Date Revised 22 May 2018 (2 of 2)

17

18

19

20

21 Simple Homes LLC Conditional Use Permit Application Request# 1-. 'f l 1-'l. '1 f.,3 4. Is the proposed use compatible with the public interest and with the characteristics of the surrounding area? Yes No D If yes, explain how: The proposed home is single family on the northern edge of a single family neighborhood. The property to the north is zoned commercial. It will act as the transition use between the neighborhood and the commercial development that may be built. 5. Will granting approval of the proposed use adversely affect local property values? Yes D No Explain why: It will be an attractive home with landscaping. 6. Are all the standards stated in Chapter (Supplementary Regulations) and Title 19 (Zoning) of the Millcreek City Code met? Yes D No If yes, describe how your proposed use meets applicable standards: The roof slope is less than the slope specified in Section The garage sideyard setback is approximately 18" rather than the 30" required in the June 2018 revised zoning code. 7. Will granting this appeal result in a situation which is cost ineffective, administratively infeasible, or unduly difficult for the provision of any of the following essential services: roads and access for emergencyvehicles and residents; fire protection; police protection; schools and school busing; water, sewer, and storm water facilities; and garbage removal? Yes O No Explain why: It is just a 2-bedroom single family home with detached garage. Conditional Use Permit Supplemental Form - Updated 22 May Page 3

22 Simple Homes LLC Conditional Use Permit Application Request # 4 l 1: 21,C, t.,3 8. Refer to Chapter of the Millcreek Code. What mitigation measures or conditions of approval do you propose to lessen the impacts and work out an adjustment between this conditional use and the surrounding area (such as parking; traffic acceleration lanes; on-site storm water retention facilities; special security or fire protection facilities; water, sewer, and garbage facilities; landscape screen to protect neighboring properties; requirement for the management and maintenance of the facilities; limited hours of operation; limited use of equipment emanating offensive noise, light, dust, or traffic; or other measures)? The home will be set back an additional +8 feet, i.e. +28 feet rather than 20 feet. The front yard (and the back yard) will be nicely landscaped with trees and bushes. 9. State any other details about this proposed use which you want the Planning Commission to be aware of: The home will be constructed in Idaho and shipped to Utah on a flat-bed truck. It is a modular, factory built home. The maximum height of the roof is limited by highway clearances. Conditional Use Permit Supplemental Form - Updated 22 May Page 4

23 Planning Commission Staff Report

24 Planning Commission Staff Report

25 Planning Commission Staff Report