Planning Commission Staff Report

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3330 South 1300 East Millcreek, UT 84106 801-214-2700 millcreek.

1 3330 South 1300 East Millcreek, UT millcreek.us File #CU Planning Commission Staff Report Meeting Date: October 17, 2018 Applicant: Lotus Monarch Homes, LLC Property Address: 3672 South 900 East Parcel ID: Request: Conditional Use Permit for an 18-unit townhome mixed-use development in a C-2 zone at 3672 South 900 East Zone: C-2 Community Council: Millcreek Prepared By: Blaine Gehring, AICP, Planner SYNOPSIS AND SCOPE OF DECISION Lotus Monarch Homes, LLC is seeking a Conditional Use Permit approval for an 18-unit townhome mixed use development in a C-2 zone at 3672 South 900 East. With the conditional use permit approval of the Millcreek City Planning Commission, a multi-family dwelling will be allowed at this location for the development of the eighteen 3-story townhomes with a commercial office space. The Planning Commission will grant preliminary approval for a conditional use permit. Final approval will be issued by staff after a technical review. Existing Zoning Existing Land Use Surrounding Uses and Zones Site Improvements Parcel ID Size C-2 Utah Water Gardens Commercial office use, residential Sales office and related out buildings acres Pursuant to Chapter of the Millcreek Code, the C-2 zone allows a mixed use (commercial or office and/or residential use within the same building or on the same lot) as a conditional use. The Planning Commission is asked to consider this request considering reasonably anticipated detrimental effects of the proposed use for the neighborhood.

Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in an RM zone File #: CU-18-016 SITE &

2 Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in an RM zone File #: CU SITE & VICINITY DESCRIPTION Figure 1: Street View Figure 1: Aerial Photo (900 E. looking west) Planning Commission Staff Report Page 2 of 8

Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in an RM zone File #: CU-18-016 Figure 2: Zoning and neighborhood map Currently the property is occupied by

3 Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in an RM zone File #: CU Figure 2: Zoning and neighborhood map Currently the property is occupied by Utah Water Gardens which is a retail business dealing in water ponds, supplies and fish for the ponds. It is directly across the street from the Granite Federal Credit Union and the Fat Cats recreation center in the C-2 Zone. A new multi-family project called Lotus Millcreek is to the east of those commercial uses. The Capri Park Homes are to the west and the Millcreek Towers apartments are adjacent to the north. There is a private street adjacent to the property on the south which serves several single family homes to the west. The development sits on 900 East, a 2-lane road with existing curb, gutter, and sidewalk. There is no on street parking, but the current and proposed use provides adequate off street parking compliant with chapter of the MCC. There are currently no fault line, grade, or other geologic considerations to Planning Commission Staff Report Page 3 of 8

4 Request: Conditional Use Permit for an 18-unit townhome mixed-use development File #: CU account development for. There are in an also RM no zone irrigation or other private water issues that staff is aware of that need to be addressed at this time. PROJECT INFORMATION Lotus Monarch Homes is seeking a Conditional Use Permit approval for an 18- unit townhome mixed use development in a C-2 zone at 3672 S. 900 E. The project consists of three buildings with a front yard of 25 with landscaping, the side yards proposed to be 8, 14.5' and 15 and the rear yard of 25. The side and rear yards are landscaped with trees buffering the perimeter of the development. An open 6-foot picket vinyl fence will be put along the south property line next to the private street to help keep an open feel to the street. The proposed building height is 34 4 where 40 feet is allowed in the C-2 Zone. There are three buildings three stories high with two-bedroom apartments and a two-car garage on the first level. There is space for two stalls in the driveway in front of 13 of the units with 8 guest parking stalls. There is a wellbalanced mix of hardie board siding and stucco on both the front and rear elevations. There will be a 10x12 gazebo and a barbecue grill provided to meet the amenities requirement for a mixed-use project. To meet the commercial/office component required as part of a mixed-use project, there is an office attached to the south building which meets the 50% of the ground floor facing the street requirement. It is also 40 feet in depth as required with 1,046 square feet of area. The entirety of the residential space lends itself to a quiet residential feel with private entry ways and balconies. It will be designed to meet the minimum depth and frontage requirements for mixed-use residential developments in the C-2 zone. Proposed Uses. 18- unit townhome mixed use development. Density. The size of the property is.97 acres making the density just over 18 units per acre. Site Layout. The buildings cover 11,036 square feet of area (26%) with 17,041 square feet of landscaping (41%) and 13,620 square feet of impervious surfaces (33%) in driveways and access driveway. The driveway down the center is 25 feet wide with a hammerhead at the west end meeting all fire department requirements. Fencing and Landscaping: Fencing and landscaping, to include specific materials and tree placement, are illustrated on the site plan. Lighting: No light source (light bulb, fluorescent tube, or other direct source of light used to illuminate a parking area) shall be visible beyond the property line of any off-street parking area as required by Section of the zoning ordinance. Access. There is an existing curb cut on the property along 900 East which will replaced with the new curb cut of 25 feet. Dedication. No additional dedication is required along 900 East. Parking. As per section Parking, the applicant is proposing two car garages for each unit with space for two cars in the driveways of 13 units, plus eight guest parking stalls, for a total of 70 parking stalls. Two stalls for each two-bedroom unit, plus 0.33 stalls per unit for guest parking is required for a total of 42 Planning Commission Staff Report Page 4 of 8

5 Request: Conditional Use Permit for an 18-unit townhome mixed-use development spaces. development The applicant s in an proposal RM zone exceeds the parking requirement of 28 stalls. File #: CU Open Space. The site has a 40% open space requirement including parking and landscaping parking requirements stated in of the MCC, which have been met. Building Design. The applicant is proposing a contemporary building design with quality materials that will establish a defining presence along 900 East. The entirety of the residential space lends itself to a quiet residential feel with private entry ways and balconies. It will be designed to meet the minimum depth and frontage requirements for mixed-use developments in the C-2 zone. The buildings are 3 stories tall and will have built in 2 car garages on the first floor. Height: 34 4 Setbacks: Front: 25 feet, rear 25 feet, 8, 14.5 and 15 side yards Materials: Stucco and hardie board siding Massing: 3, 3-story buildings measuring 3,378, 2,815 and 3,942 square feet. Unit Characteristics bedroom units with an office with 1,046 square feet of area. Amenities. The applicant proposes to provide private patios for each unit, common green space, and a 10x12 picnic gazebo and a barbecue. Utilities and Waste Removal. Applicant will address how and where utilities will be connected. Garbage cans will be provided for each unit for waste removal stored in each private garbage. One will be for recycling and the other for refuse, they will be removed weekly from the development by local waste and recycling management. Development Agreement Considerations. Not applicable. Exceptions. None Project Information Summary Table Requirement Zone Requirement Proposed Height 40 Feet 34 Feet 4 inches Density Not applicable 2,347 sf per unit Front Yard Setback 25 Feet 25 Feet Side Yard Setback None required (not next to residential zoning 8, 14.5 and 15 Feet Rear Yard Setback 25 Feet 25 Feet Lot Width Not applicable feet Lot Area Not applicable. Not applicable. Parking 42 stalls 70 stalls Open Space 40% 41%. Amenities Residential amenities private patios for each unit, common green space, a picnic gazebo and barbecue Planning Commission Staff Report Page 5 of 8

6 Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in an RM zone File #: CU COMMUNITY COUNCIL RESPONSE At their meeting on October 2, 2018, the Millcreek Community Council voted to send a favorable recommendation to the Planning Commission by a vote of 4 in favor, 1 against, and 2 abstain. The major concern by those against and abstaining was that there was not enough parking for guests. 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. While staff finds that the project is well designed, the final conditional use permit will be evaluated for potential detrimental impacts established in the Millcreek Code. 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 offstreet 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. Staff finds that changing use or intensity can alter access requirements on 900 East Mitigation: There is an existing curb cut on the property along 900 East. A new 25-foot access curb cut will provide for controlled access onto 900 East. 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. Mitigation: It is likely that upgraded water service will be required for this use. As part of a building permit review, the applicant may be required to receive the approval of Millcreek City, Salt Lake City Department of Public Utilities, and the S. L. City Suburban Sewer District. The applicant shall obtain a complete review for an approved building permit and shall continually comply with the requirements of Millcreek City, Salt Lake City Department of Public Utilities, and the S. L. City Suburban Planning Commission Staff Report Page 6 of 8

7 Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in Sewer an RM zone District. File #: CU Detrimental effects on connectivity and safety for pedestrians and bicyclists. Mitigation: Connectivity and safety for pedestrians and bicyclists is likely to be impacted by more frequent residential traffic. The proposed new access shall be designed to ensure the safe movement of pedestrians and bicyclists across the property frontage. 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. Mitigation: Not applicable. Not applicable. 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. Mitigation: Waste removal could be a nuisance to the neighbors. Waste will be managed by the tenants with 2 trash bins in each private garage. One will be for recycling and the other for refuse, they will be removed weekly from the development by local waste and recycling management. 6. Detrimental effects of modifications to or installation of signs and exterior lighting that conflict with neighborhood compatibility. Mitigation: Based on the applicant s proposal for a standard addressing along the individual unit s façade, no significant detrimental effects are anticipated. 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. A line of townhomes without defined architectural design without quality materials may have a detrimental effect to the overall neighborhood character. Planning Commission Staff Report Page 7 of 8

8 Request: Conditional Use Permit for an 18-unit townhome mixed-use development File #: CU development Mitigation: in The an RM applicant zone has modified plans to reflect a balanced architectural design with hardie board siding and stucco. 8. Detrimental effects on the tax base and property values. Mitigation: Not applicable. Not applicable. 9. Detrimental effects on the current level of economy in governmental expenditures. Mitigation: Not applicable. Not applicable. 10. Detrimental effects on emergency fire service and emergency vehicle access. Mitigation: A review by the Fire Marshal is necessary as part of the building permit process. In order to obtain a building permit, the applicant will need to meet all fire codes related to the safe occupancy of the development. The applicant shall be required to continuously comply with all applicable fire codes. 11. Detrimental effects on usable/functional/accessible open space. Mitigation: Not applicable. Not applicable. 12. Inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring. Mitigation: Poorly maintained buildings and landscaping may contribute to overall neighborhood decline. The applicant and its successors shall properly and continually maintain all required landscaping, fencing, buildings, and access driveways. 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. Mitigation: Not applicable. Not applicable. Planning Commission Staff Report Page 8 of 8

9 Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in an RM zone File #: CU PLANNING STAFF ANALYSIS AND FINDINGS Planning Staff finds that the proposed project is in keeping with the intent of the C-2 zone, that it will enhance an existing residential neighborhood on a high-visibility roadway, provided the above detrimental effects are appropriately mitigated. The private residential site plan and development design will make a meaningful enhancement to the character of the area. This project should comply with the City s general plan and found to be compatible with land uses in the vicinity. This C-2 mixed-use development incorporates innovations of design, amenities, and features. PLANNING STAFF RECOMMENDATION AND DRAFT MOTION The applicant s property at 3672 South 900 East for and 18-unit townhome mixed-use development will facilitate the development of a cohesive zoned area that is appropriate along 900 East. Planning Staff recommends approval of the conditional use permit. A draft motion is follows: Motion to Approve Conditional Use Permit CU , an18-unit townhome mixed-use development at 3672 South 900 East with the following conditions: 1. The applicant shall provide a project parking ratio of 2 stalls per residential unit, plus 0.33 stalls of visitor parking, for a minimum total of 42 parking stalls. 2. The applicant shall provide the proposed exterior detailing/finishes as provided for in the application drawings. 3. The development will be limited to the eighteen two-bedroom units and one commercial office space as proposed on the plan. 4. The front yard is 25, the side yards are to be 8', 14.5 and 15 and the rear yard is The proposed building height is no more than All service and mechanical equipment must be screened by landscaping or other methods as set forth in section of the zoning ordinance. 7. Signs will require separate building permits and staff review for zoning/land use compliance. 8. No light source (light bulb, fluorescent tube, or other direct source of light used to illuminate a parking area) shall be visible beyond the property line of any off-street parking area as required by Section of the zoning ordinance. 9. Any modifications to these approved plans must be approved by the Planning Department, in writing, prior to the changes being implemented in the field. Planning Commission Staff Report Page 9 of 8

10 Request: Conditional Use Permit for an 18-unit townhome mixed-use development development in an RM zone File #: CU Landscaping shall be installed in compliance with Chapter Water Efficient Landscape Design and Development Standards. Any revisions to the landscape plan package shall be reviewed and approved in writing by the director or designee prior to commencement of construction. Re-certification of compliance with the requirements of the landscaping ordinance shall be provided by the qualified professionals who prepared and submitted the 11. The applicant will comply with all requirements established through the technical review process prior to receiving final conditional use approval. 12. The applicant will comply with all requirements of the Unified Fire Code, subject to approval by the Fire Marshal. 13. The applicant shall install No Parking signs in the fire access lane. 14. The applicant shall obtain a complete review for an approved building permit and shall continually comply with the requirements of Millcreek City, Salt Lake City Department of Public Utilities, and the S. L. City Suburban Sewer District. 15. The applicant and its successors shall properly and continually maintain all required landscaping, fencing, buildings, and roads. 16. All items of the staff report. 1. Application 2. Applicant Letter 3. Affidavit 4. CUP Supplemental form 5. Site Plan 6. Elevations 7. Landscaping plan SUPPORTING DOCUMENTS Planning Commission Staff Report Page 10 of 8

September 20, 2018 City of Millcreek Planning Department 3330 South 1300 East Millcreek, UT 84106 Re: Lotus Monarch Homes, Letter of Intent To Millcreek Planning Commission: The purpose of this

14 September 20, 2018 City of Millcreek Planning Department 3330 South 1300 East Millcreek, UT Re: Lotus Monarch Homes, Letter of Intent To Millcreek Planning Commission: The purpose of this letter is to provide a written description of the proposed project located at 3672 South 900 East Millcreek, Utah (Parcel # ). The Developer, Lotus Monarch Homes, is proposing a new Mixed-Use development with townhome rental units and office space for rent. The development includes three buildings with a total of 18 individual townhome rental units with one of the buildings to include office space. The property is currently zoned C-2 Commercial Zone under which Mixed Use (commercial, or office and/or residential use within the same building or located adjacent within a unified site plan) is a conditional use. The developer proposes one access to the property from a driveway on 900 East. All utilities for the site are available to the site. The project will be constructed in a single phase and the development schedule is anticipated to begin early spring 2019 and be complete by fall of Should you require additional information or have any questions please contact me at (801) Sincerely, ANDERSON WAHLEN & ASSOCIATES Eric Malmberg, P.E. Project Manager

20 Mixed-Use (commercial, or office and/or residential use within the same building or located adjacent with a unified site plan) as a conditional use within a C-2 Commercial Zone. Currently, the existing land is being used as a Mixed-Use with a commercial tenant and a residential home. The proposed development will improve upon the overall public health, safety, and welfare of the community by providing architecturally enhanced residential living space together with beautification to the interior and surrounding landscaping. An open picket vinyl fence will soften the feel of the private lane and will discourage graffiti and criminal activities. Private backyards and proper lighting will provide a safer environment for tenants and the public. The proposed buildings are placed in accordance with building setback requirements. Adequate parking is provided with garages, driveways, and surface parking. Open space and amenities are provided and dispersed throughout the project to meet and exceed zoning code requirements.

21 Multi-family residential use is compatible with the adjacent uses to the north and west sides of the property. The proposed office space on the southeast corner of the property begins and nicely transitions the use to commercial property located south of the subject property. Proposed Mixed-Use is compatible with adjacent uses and will increase the value of the local properties. The Millcreek City Code (Zoning Title 19) is met with the proposed development and conforms to current and applicable standards defined in Chapter 19 of the City zoning code. The proposed development will improve access to essential services. The residents will have easy and safe access to an improved driveway entrance to 900 East along with a new fire hydrant for fire protection services and improved landscaping and fencing that will deter criminal activity. The proposed development with not cause a detrimental effect on roads and access for emergency vehicles and residents, fire and police protections, schools or school busing, or water, sewer, and storm-water utilities and garbage removal.

22 Onsite storm-water retention facilities will be incorporated into the design and development of the project along with water, sewer, and garbage facilities. Enhanced landscaping and privacy fencing will lessen the impacts of offensive noise, light, dust, and traffic to adjacent/neighboring properties. The property will be managed by a property management and maintenance company to provide upkeep for the facilities. The proposed development will bring to the community an upper scale alternative to residential apartment rental units. The town-home style rentals will provide a unique feeling of privacy while also being community oriented. The rental units are unique in that they will provide 2-car garages, separate driveways, individual garbage bins that are kept in the garage, private backyards, and upscale exterior architecture. The development will be a benefit to the community.

Staff Report CONDITIONAL USE

Staff Report CONDITIONAL USE Staff Report PLANNING DIVISION COMMUNITY & ECONOMIC DEVELOPMENT To: From: Salt Lake City Planning Commission Daniel Echeverria, (801) 535-7165, daniel.echeverria@slcgov.com Date: May 21, 2015 Re: PLNPCM2015-00139