Rezone Summary and Recommendation - Utah.gov

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Rezone Summary and Recommendation - Utah.gov
Planning and Zoning
                                                      47 S. Main Street ∙ Room 208 ∙ Tooele, UT 84074
                                                      Phone: (435) 843-3160 ∙ Fax: (435) 843-3252
                                                      tooeleco.org/tooele-county-government/county-
                                                      departments/community-development/

                                                  REZ 2021-003

                                      Rezone Summary
                                    and Recommendation
Public Body: Tooele County Planning Commission             Meeting Date: February 3, 2021
Parcel IDs: 03-014-0-0020                                  Current Zone: RR-5 (Rural Residential, 5 Acre Min.)
                                                           Proposed Zone: C-G (Commercial General)
Request: Proposed rezone from RR-5 to C-G
                                                           Unincorporated: Tooele County
Planners: Jeff Miller
Planning Commission Recommendation: Not yet received
Planning Staff Recommendation: Conditions of Approval
Applicant Name: Samuel Howard

                                         PROJECT DESCRIPTION
Samuel Howard is requesting a rezone from RR-5 (Rural Residential, 5 Acre Minimum) to C-G (Commercial
General) for a parcel approximately 8.28 acres in size. Associated with this rezone request, is a requested general
plan amendment (GPA 2021-002), to allow for commercial uses in an area currently envisioned to have residential
development between 1-20 acres in size at build out according to the Tooele County General Plan Update 2016.

If the property is successfully rezoned from RR-5 to C-G, the applicant intends to pursue permitted use approval
for RV Storage on the subject property.

                            SITE & VICINITY DESCRIPTION (see attached map)
                                                              The subject property is located at the western end
                                                              of Pine Canyon Road, immediately east of the
                                                              railroad tracks and immediately north and east of
                                                              Tooele City. Across the railroad tracks to the
                                                              northwest is a relatively large area of properties
                                                              within Tooele County that are currently being used
                                                              for a mixture of commercial and industrial uses.
                                                              Immediately south are some residential uses in
                                                              Tooele City. To the east is a large area of
                                                              undeveloped land in the RR-5 zone. Further to the
                                                              east are residential uses in the Pine Canyon area,
                                                              with most of the properties zoned RR-5.
Rezone Summary and Recommendation - Utah.gov
Request: Proposed rezone from RR-5 to C-G                                                          File #: REZ 2021-003

                                         ZONE CONSIDERATIONS
         Requirement                     Existing Zone (RR-5)                            Proposed Zone (C-G)
  Height                                       35 Feet                                         75 Feet
                                                                                Established in site plan approval (no
                                                                               closer than 50 feet to street line which
  Front Yard Setback                           30 Feet                         continues as frontage into a residential
                                                                                               district)

                                                                                Established in site plan approval (no
                                  20 Feet (both Main and Accessory            closer than 50 feet to residential district
  Side Yard Setback
                                              Buildings)                                  boundary lines)

                                                                                Established in site plan approval (no
                                  50 Feet (both Main and Accessory            closer than 50 feet to residential district
  Rear Yard Setback
                                              Buildings)                                  boundary lines)

  Lot Width                                    220 Feet                                         N/A
                                                                              Buildings cannot exceed 50% of lot area.
  Lot Area                                 5 Acre Minimum

                                                                                Street Grading, Street Base, Curb and
                                Street Grading, Street Base, On-Site               Gutter, Sidewalk, On-site Surface
                                Surface Drainage Facilities, Culinary             Drainage Facilities, Culinary Water
  Required Improvements
                                Water Facilities, Wastewater Disposal         Facilities, Wastewater Disposal and Street
                                      and Street Monuments                      Monuments, any other infrastructure
                                                                                           deemed necessary.

  Compatibility with existing buildings in terms of size, scale and height.                              Yes
  Compliance with the General Plan.                                                                      Yes

                                  GENERAL PLAN CONSIDERATIONS
According to the Tooele County General Plan Update 2016, the subject property is currently located within an
area that is anticipated to have residential development between 1-20 acres in size at build out. If the general
plan amendment (GPA 2021-002) is approved, the subject property would be allowed to have commercial uses.

                         ISSUES OF CONCERN/PROPOSED MITIGATION
Planning Staff had a discussion with the Tooele City Planner, Andrew Aagard regarding the proposed rezone
request. Andrew indicated that right of way dedication for a future bridge over the railroad tracks wouldn’t be
necessary because there are differing grades at 2000 north and SR-36, so a bridge over the railroad tracks isn’t
envisioned at this location. A bridge over the railroad tracks at 2400 North may be a viable connection in the
future. Andrew also indicated that a large residential development by D.R. Horton is planned directly south from
the subject property, with some potential roadway widening along Pine Canyon Road. During the site plan
review, we will review any required roadway dedications and improvements.

The County Engineer also indicated that traffic counts for the anticipated use would most likely be relatively low.
However, the Planning Commission may want to look at restricting certain commercial uses identified in the C-G

Rezone Summary                                                                                                 Page 2 of 3
Rezone Summary and Recommendation - Utah.gov
Request: Proposed rezone from RR-5 to C-G                                                    File #: REZ 2021-003

zone as a zoning condition (as allowed by Section 3-15 of the Tooele County Land Use Ordinance), which could
present a negative impact on traffic flow in the area, and wouldn’t be compatible due to the unique location of
the subject property. *Please see the attached Chapter 17, which lists the allowable uses in the C-G zone
starting on page 4.
                                     NEIGHBORHOOD RESPONSE
Any comments that are received from the surrounding neighbors or the general public will be forwarded to the
Tooele County Planning Commission for review and will be summarized on January 20, 2021.

During the public hearing on January 20, 2021, there was no public comment provided.

                               PLANNING COMMISSION RESPONSE
The Tooele County Planning Commission heard this item on Wednesday, January 20, 2021. They tabled this item,
so that staff could discuss the proposed rezone request with Tooele City, and potential zoning restrictions
regarding proposed uses could be further analyzed by the Planning Commission. The Planning Commission will
hear this item on February 3, 2020. Their recommendation and any proposed conditions of approval will be
presented to the Tooele County Council at a future meeting.
                                     PLANNING STAFF ANALYSIS
Planning Staff has reviewed the proposed rezone request and has found that the anticipated use of the property
could be cohesive with the surrounding uses and zones (if the planning commission analyzes potential
commercial uses that should be restricted on the subject property).

*Please see the attached e-mails from Planning Commissioner John Wright.

                              PLANNING STAFF RECOMMENDATION
Planning Staff recommends that the Tooele County Planning Commission analyzes the proposed rezone request
prior to making a recommendation to the County Council to rezone the subject property from RR-5 (Rural
Residential, 5 Acre Minimum) to C-G (Commercial General).

If the subject property is recommended to be rezoned from RR-5 to C-G, planning staff is requesting the
following conditions of approval:

    •   The Planning Commission will analyze the allowable uses in the C-G zone, to potentially request a zoning
        condition to restrict the allowable uses on the subject property, due to potential negative impacts that
        some commercial uses may cause with increased traffic.

Rezone Summary                                                                                         Page 3 of 3
Rezone Summary and Recommendation - Utah.gov
REZ 2021-003: Rezone from RR-5 (Rural Residential, 5 Acre Minimum) to C-G (Commercial General).
Parcel: (03-014-0-0020)

                                               Tooele City                RR-5

            Tooele City

                                                                                                RR-5

                          Tooele City                            RR-5

                                                           Subject
                                                           Property
                                                                                         RR-5

                                             Tooele City

                                                                                                RR-5

            Tooele City
                                                                        RR-5

                                                                           Tooele City
Rezone Summary and Recommendation - Utah.gov
W
                                          John H. Wright
                                      623 Country Club Drive
                                  Stansbury Park, Utah 84074-9655
                                           435-882-6854

                                                                           January 20, 2021
Jeff Miller
Tooele County Planning
 and Zoning Administrator
47 South Main Street
Room 208
Tooele, Utah 84074

Re: Proposed exclusions from proposed REZ 2021-003, specifically from the Tooele County
Land Use Ordinance, Chapter 17 in compliance to Chapter 3-15.

Dear Jeff,
    The items listed herein are activities that I would propose to have removed as acceptable uses
in the specific proposed CG zone from the proposed rezone from RR-5 to CG on property owned
by Samuel Howard on parcels 03-014-0-0020, should the request to rezone be approved. I have
listed each item referring to the table in Chapter 17 and the reasoning that I feel that the use
should be excluded.
    I would appreciate it if you would review these items and provide me some advice regarding
my request. Thank you.

                                             Tooele County Planning
                                               and Zoning Commission

                                             John H. Wright
                                             Commission Member

Cc: Wade (Scott) Jacobs, Commission Chairman
Proposed actions to be deleted as being an approved use on this particular location:

Table location       Questionable activity                         Reason to remove activity

Table 17-5-3.2       d. Automobile Service Station                 Poor access, too close to
Pgs. 4 & 5                                                         existing residences and
                                                                   anticipated noise levels.

                     e. Auto or recreational vehicles              see above.
                        sales and repairs

                     f. Auto body and fender shop, tire
                        recapping, etc.                            see above.

                     j. Recreational vehicles rentals
                        leases, service and repairs                see above.

                     k. Truck & heavy equipment
                        service and repair                         see above.

Table 17-5-3.3       m. Beer outlet Class A & B                    Should be restricted to
                                                                   Highway Commercial and
                                                                   Retail zone. Proximity to
                                                                   existing residences and
                                                                   playground and school.

                     p. Building materials sales yard
                        outside                                    Poor access, too close to
                                                                   existing residences and
                                                                   anticipated noise levels

                     y. Coal and fuel office                       see above.

                     z. Convenience store                          Traffic congestion, location
                                                                   to existing housing.

                     15. Liquor and beer sales, bars               Too close to existing
                                                                   residences, schools, play-
                                                                   grounds. Should be in a
                                                                   more commercial zone

                     18. Lumber yard                               Congestion, access issues
                                                                   Noise issues to existing
                                                                   residences.

                     57. State liquor store                        Too close to existing
Table location   Questionable activity             Reason to remove activity

                 57. State liquor store            Too close to existing
                                                   residences, schools,
                                                   playground. Should be in
                                                   a more commercial zone.

Table 17-5-3.4   f. Recreation vehicle park        Road congestion, If allowed,
                                                   would recommend a stay to
                                                   be 30 days or less. Should
                                                   not be allowed to become a
                                                   permanent residence.

Table 17-5-3.5   k. Construction of buildings,
                    prefabrication of buildings.   Poor access, noise levels to
                                                   existing residences, too close
                                                   to residences.

                 l. Dairy                          Potential smell nuisances,
                                                   too close to existing
                                                   residences, poor access for
                                                   trucking operations.

                 m. Egg processing                 See above.

                 r. Welding shop – exterior        Could only be allowed to be
                                                   operated inside closed
                                                   building. Potential noise
                                                   levels, welding arcs
                                                   sightings.

                 w. Machine shop                   See above.

17-5-3-7         g. Dam / reservoir                Too close to residences,
                                                   traffic congestion, general
                                                   safety concerns in that area/

17.5.3.8         j. Dance hall                     Traffic congestion, noise
                                                   to residences, Should be in a
                                                   more commercial zone.

                 m. Night Club                     Too close to schools, existing
                                                   residences, playgrounds, poor
                                                   access, should be in a more
                                                   commercial zone.
Table location   Questionable activity                     Reason to remove activity

                 n. Private Club                           See above.

                 p. Recreation Coach Park                  Road congestion, If allowed,
                                                           would recommend a stay to
                                                           be 30 days or less. Should
                                                           not be allowed to become a
                                                           permanent residence.

                 s. Outdoor theater                        Inappropriate for the location
                                                           too close to residences,
                                                           highways. Access is poor.

Table 17.5.3.9   c. Public transit hub                     Traffic congestion, parking
                                                           would need to be developed.
                                                           Would affect current traffic
                                                           patterns and quantity.

                 e. Contractor equipment storage yard      Potential excessive noise.
                                                           Poor access

                 f. Distribution warehouse center          Poor access, traffic
                                                           congestion, noise to
                                                           residences.

                 j. Truck freight terminal                 Heavy traffic congestion
                                                           noise levels to existing
                                                           residences. Safety issues.

                 i. Hazardous waste collection / storage   Too close to residences,
                                                           Safety concerns, congestion

                 n. Impound lot                            Potential issues with
                                                           residences, noise, sight issues
                                                           potential recycling of auto
                                                           parts – junk yard.

                 s. Terminal, parking and maintenance
                    facility                               Congestion, traffic flow
                                                           increased, potential noise
                                                           issues.

                 t. Transfer company                       Potential increased traffic
                                                           flow. Should be considered
                                                           like a truck freight terminal
Table location    Questionable activity         Reason to remove activity

                  u. Warehouse                  Likely noise levels, access
                                                problems, increased traffic

Table 17.5.3.11   A. PUD                        Inappropriate in 8 acres

                                          END
W
                                                    John H. Wright
                                                623 Country Club Drive
                                            Stansbury Park, Utah 84074-9655
                                                     435-882-6854

                                                                                                 January 26, 2021
Jeff Miller
Tooele County Planning
 and Zoning Administrator
47 South Main Street
Room 208
Tooele, Utah 84074

Re: Proposed exclusions from proposed REZ 2021-003, specifically from the Tooele County Land Use Ordinance,
Chapter 17 in compliance to Chapter 3-15.

Dear Jeff,
    After meeting on this matter on January 20 and listening to the applicant and other members of the commission I
would offer the following observations. The applicant indicated that he had looked into obtaining culinary water
and sewer to the site and found that doing so was cost prohibitive. That being said nearly every activity allowed or
could be approved by a conditional permit in this proposed rezone – CG would not be able to operate as they all
need both water and sewer access. That limits the use within this parcel to only recreation vehicle storage and
possibly a contractor equipment storage yard. As I review the various tables included in Chapter 17 of allowed
uses in a CG zone, given the lack of water and sewer I can only see that we could approve in Table 17.5-3.9 item e
– Contractor Equipment Storage and item q – Storage Units without outside storage. I do not understand item 2 of
section q as it seems the storage is not on the same parcel of land. If some of the storage is enclosed and some
outside, I would find that acceptable. The balance of other items listed in the tables in Chapter 17 would not be
acceptable at this time, because of the water situation. These conditions would only apply to the proposed rezone
from RR-5 to CG on property owned by Samuel Howard on parcels 03-014-0-0020, should the request to rezone be
approved. It is my opinion that we should deal with this proposal by indicating what is approved to be performed on
this parcel rather than trying to eliminate all of the items not meeting the uses because of its location in relationship
to existing housing, access issues and schools.
    I would appreciate it if you would review these items and provide me some advice regarding my suggestion.
Thank you.

                                                   Tooele County Planning
                                                     and Zoning Commission

                                                   John H. Wright
                                                   Commission Member

Cc: Wade (Scott) Jacobs, Commission Chairman
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