Conditional Use Summary and Recommendation

Public Body: Tooele County Planning Commission Meeting Date: March 20, 2019 Parcel ID: 05-034-0-0004 Current Zone: A-20 (Agricultural, 20 Acre Minimum) Property Address: 175 East SR-138 Request: Approval of amended conditional use for Cottage Industry Unincorporated: Stanbury Park Planners: Jeff Miller Planning Staff Recommendation: Approval with Conditions Applicant Name: Bryan Coulter

PROJECT DESCRIPTION

Bryan Coulter is requesting approval of an amendment to the conditional use permit approved by the Tooele County Planning Commission on January 8, 2014 (date is wrong in the original staff report), for the existing “Cottage Industry” use at this location. According to Section 2-2 (63) of the Tooele County Land Use Ordinance, “Cottage Industry means a business conducted entirely within a dwelling or in an accessory structure without altering the residential character, manufacturing artistic, handicraft, and other craft items and (providing) services rendered on the premise.” The location of the subject property immediately adjacent to SR-138 is an appropriate location for the existing “Cottage Industry” uses on the property. The proposed “new house” at this location has been proposed to include an expansion of the existing “Cottage Industry” use on this property for the Coulter House Event Center.

SITE & VICINITY DESCRIPTION (see attached map)

The subject property is located immediately west of the Benson Grist Mill and is located along SR-138. There are single-family residential uses in the R-1-8 zone to the south, west, and north. The Old Mill Elementary School is located immediately north of the subject property. The Mill Pond is located southeast of the subject property.

CUP-AMD 2013-12

Planning and Zoning 47 S. Main Street ∙ Room 208 ∙ Tooele, UT 84074 Phone: (435) 843-3160 ∙ Fax: (435) 843-3252 http://www.co.tooele.ut.us/Building/planning.htm

Request: Approval of amended conditional use for Cottage Industry File: CUP-AMD 2013-12

Conditional Use Summary Page 2 of 3

LAND USE CONSIDERATIONS (A-20 Zone, Proposed House)

Requirement Standard Proposed Compliance Verified Height 35 Feet Less than 35 Feet Yes

Front Yard Setback 30 Feet More than 30 Feet (existing historic structure) Yes

Rear Yard Setback 50 Feet More than 50 Feet Yes Side Yard Setback 20 Feet 20 Feet or more Yes

Lot Coverage 10% Less than 10% (for all structures on the property) Yes

Lot Area 20 Acres 4.09 Acres (Legal Nonconforming) Yes

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

ISSUES OF CONCERN/PROPOSED MITIGATION

There is a grandfathered secondary access to the property, immediately west of the proposed new house (which is proposed to be built out of an existing historic structure). Tooele County has determined that this access is for residential use only and cannot be used for patrons of the existing reception center and any approved modifications to the conditional use permit. Walking trails/sidewalks would be permitted to be constructed allowing patrons to walk between the parking lot, existing structure, and the proposed structure. Staff is requesting a condition of approval that the grandfathered secondary access to the property is restricted to private residential access only. If the proposed conditional use amendment is approved, additional guest parking will be required to be located on the property to meet the needs of the proposed expansion. Table 6.1 of the Tooele County Land Use Ordinance requires that, “for any…use not specifically mentioned or provided for in this Section, the Zoning Administrator shall determine the standards to be applied for parking, using as a guide the listed use which most closely resembles the use proposed.” Planning Staff is requesting a condition of approval that the applicant will work with the Tooele County Zoning Administrator to provide an appropriate amount of additional parking stalls prior to the issuance of an amended Conditional Use Permit or subsequent building permits. According to the original staff report for CUP 2013-12 (which has been attached to this report), the original parking lot was anticipated to be constructed out of “dust free lime chip with marked parking areas.” It was indicated that, “if (the) business grows, it (the parking lot) will be paved to drain off into the 5-acre parcel on the hedge.” Planning Staff is requesting that the Planning Commission determines whether or not the existing and expanded parking lot should be paved, “with an asphaltic or Portland cement or other binder pavement, so as to provide a dustless surface”, as found in Section 6-9 of the TCLUO regarding the “Maintenance of Parking Lots.” The original staff report indicates that the lime chip material used for the parking lot would be dust free. If this material has been found to be dust-free and has not caused any additional nuisances to the surrounding residential uses, it could potentially be an appropriate material to use. It is possible that the existing lime chip material helps to maintain the residential atmosphere of the existing use, and a hard-surface pavement material As shown on the aerial map, there is sufficient acreage available immediately north of the existing parking lot, which could be used to provide additional parking stalls (as determined by the Zoning Administrator).

Request: Approval of amended conditional use for Cottage Industry File: CUP-AMD 2013-12

Conditional Use Summary Page 3 of 3

The original staff report also mentioned that, “(the) property will be landscaped with shrubs/hedges on the outside perimeter. This will eliminate the four property owners surrounding the property to not see any headlights, (and) if or when parking lot lights would be needed they would shine directionally to the ground.” This landscaping has not been provided by the applicant. Planning Staff has attached an aerial map showing the areas adjacent to the parking area, which should be shielded by shrubs and hedges. A condition of approval has been requested that the shrub and hedges will be installed before Tooele County will issue a building permit for any proposed modifications.

NEIGHBORHOOD RESPONSE

Planning Staff has not received any comments from the surrounding neighbors or the general public. Any comments that are received will be presented to the Planning Commission on March 20, 2019.

PLANNING STAFF ANALYSIS

Planning Staff has reviewed the proposed amended conditional use and has found that it could be cohesive with surrounding residential uses, the Tooele County General Plan Update 2016, and the Tooele County Land Use Ordinance if the applicant abides by the proposed conditions of approval outlined below and any other conditions of approval required by the Tooele County Planning Commission.

PLANNING STAFF RECOMMENDATION

Staff recommends that the Tooele County Planning Commission makes a motion to grant approval for the proposed conditional use, subject to the original conditions of approval for CUP 2013-12 (1-5 below), and the additionally requested conditions of approval proposed by Planning Staff for the proposed amendment to the Conditional Use Permit:

1. May be permitted to employ up to 10 employees that reside outside of the dwelling provided adequate off-street parking can be made available on the property.

2. No retail or wholesale sales be conducted that would present a nuisance or interfere with the normal residential traffic pattern in the neighborhood.

3. All state and local codes, laws, regulations, and license requirements (shall) be complied with. 4. On site advertising shall be in accordance with (the) Tooele County Sign Ordinance and shall not be more

than two square feet in area. 5. All dwellings on the premise shall be kept in such a way that their exterior will be maintained in a

residential manner. 6. The grandfathered secondary access to the property is restricted to private residential access only. 7. The applicant shall work with the Tooele County Zoning Administrator to provide an appropriate amount

of additional parking stalls prior to the issuance of an amended Conditional Use Permit approval letter or subsequent building permits.

8. The applicant shall install the previously indicated shrubs and hedges as a buffer to the surrounding residential uses in the areas shown by Planning Staff on the aerial map prior to the issuance of an amended Conditional Use Permit approval letter or subsequent building permits.

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