Rezone Summary and Recommendation - Utah.gov
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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.
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
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
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
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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