PLANNING COMMISSION MINUTES OF MEETING
Wednesday, March 26, 2003, 7:00 p.m.

A quorum being present at Centerville City Hall, 250 North Main Street, Centerville, Utah, the meeting of the Centerville City Planning Commission was called to order at 7:00 p.m. by Chairman Brian Hulse.

MEMBERS PRESENT

Ken Averett
Lee Duncan
Ann Hewlett
Brian Hulse, Chairman
Diana Moesinger
Lewis Nielsen
Scott Vaterlaus

STAFF PRESENT

Aric Jensen, Community Development Director
Kathleen Streadbeck, Recording Secretary

VISITORS

Bruce R. Baird, Ryan Garlick, Janice Slagowski , Jerry Slagowski, Patrick Bodnar, Keith Hones, Phillip Hudman , Katie Hudman, J.P. Damron , Jeff Argyle, Dennis DeBoer , Bonnie DeBoer, Ron McDonald , Jeff Havenar , Bill Morgan

INVOCATION Diana Moesinger

COMMISSION BUSINESS

Minutes from the Planning Commission meeting held March 12, were reviewed and amended. Diana Moesinger made a motion to approve the minutes as amended. The motion was seconded by Ken Averett and passed by unanimous vote (7-0).

CONDITIONAL USE PERMIT - Request for a large Health and Human Services Facility or Elderly Living Center at the northeast corner of Chase Lane (1000 North) and the Frontage Road (800 West) in the HHSF Zone. Gary Hassenflu, Applicant.

Aric Jensen, Community Development Director, reported it was the general consensus of the Planning Commission, at their last meeting, that this application met the requirements for a conditional use permit. However, there was a question as to the maximum allowable density in the HHSF Zone and whether the Planning Commission had the authority to determine such. Since the last meeting staff has met with the Deputy City Attorney who recommended the Planning Commission take action on this issue, and that the City Council address the issue if and when it is appealed. Using various analyses, Mr. Jensen discussed the differences between this proposed development, a single-family development, and a multi-family development with regard to intensity/density. Staff finds the proposed project to be of medium intensity/density. Mr. Jensen reviewed the site plan with the Planning Commission and explained the proposed detached building would be no larger than that of City Hall and that each wing of the main building would be slightly smaller than the local LDS Ward House on 400 West.

Ken Averett said he still feels this project is in the wrong location and questions the need for this type of facility in the community. He feels the issue relative to density is very simplistic, given the fact that the applicant has stated if the project is not approved for 18 units an acre, then it is not financially viable. He said no one in Centerville has ever been approved for 18 units per acre and he is not willing to allow for such. He feels this use would be more appropriate closer to the business district, giving residents walkable access to mass transit and various services. He believes this project will have more of an impact on the community than it appears.

Chairman Hulse said he believes the impact of this use at 18 units per acre would be less than a normal multi-family development with the same density. He explained this proposal would also help to accomplish the City’s Affordable Housing Plan. He believes this proposal does have some mitigating factors, which would distinguish it from other petitions for 18 units per acre.

Lee Duncan said he believes this project will help satisfy the Affordable Housing Plan and feels the use is something the community needs. He said the closer a facility is located to the business district the higher the density would need to be to make it financially viable, given current property values. He, too, feels the impact of this use would be less than a typical multi-family development at the same density.

Diana Moesinger asked if the Planning Commission could require that a shuttle service be provided for the residents as part of the conditional use permit and if so she would also like to see a covered drive through (porte cochere) at the main entrance to the building. Mr. Jensen said this would be acceptable with appropriate findings.

Chairman Hulse said the conditional use restrictions and requirements need to be discussed prior to any motion for approval, i.e., age restrictions, height limitations, parking, infrastructure, etc. He said there are some issues that may fall under site plan approval (landscaping, fences, setbacks, etc.) and/or the development agreement. He asked staff to clarify those issues that were pertinent to conditional use approval.

Mr. Jensen clarified some issues that could be discussed, i.e., operation issues (e.g. shuttle bus), and hours of operation for amenities (e.g. beauty salon) and who they are limited to (e.g. residents only). He explained that site plan issues are more specific (e.g. how many trees), but requiring appropriate screening/buffering from neighboring homes would be an appropriate condition of approval. He explained that any condition the Planning Commission feels will protect the health, safety, and welfare of the community would be appropriate. Mr. Jensen also explained that both conditional use issues and site plan issues could be dealt with in a development agreement. He said a development agreement will most likely be required for this proposal, given the participation with Davis County and the Army Corps of Engineers regarding drainage.

J.P. Damron, 594 West 925 North, said according to the Fair Housing Act there can be no age discrimination and that only 80% of the units for this type of use have to comply with the federal requirement. He explained this would leave 20% of units available to anyone to occupy. He explained he is also concerned with the security of the site and surrounding areas.

Bruce Baird, Counsel for the project, said age limitation can be required at 100% by deed restrictions and the development agreement.

The Commission agreed there must be an age limitation on 100% of the units for approval. The Commission discussed, at length, numerous conditions of approval including; building height, parking, amenities, security, shuttle service, etc. The Commission discussed traffic, buffering/landscaping, number of units, and noise issues. The Commission also discussed the importance of the applicant complying with all Army Corp of Engineers requirements.

Chairman Hulse made a motion to approve the conditional use permit with the following conditions:

1. An attached covered drive through (porte cochere) be constructed over the main entrance to be approved by the Planning Commission at site plan approval.

2. A shuttle service be provided for all residents of the facility consistent with the Planning Commission’s discussion.

3. Appropriate landscaping be installed to provide screening and to lessen the visual impact of the facility on surrounding neighborhoods. All landscaping must be approved by Planning Commission at site plan approval.

4. The hours of operation for the amenities provided by off-site employees be limited to 8:00 a.m. - 5:00 p.m.

5. A maximum height of 35-feet for the three-story section of the building and 28-feet for the remainder of the building, measured at the peak.

6. Appropriate measures be taken to minimize the noise pollution to all units on the third floor (35-foot section), to the extent the Planning Commission deems they are not adequately set back and screened from I-15.

7. There be an age restriction that 100% of units must be occupied by persons 62 years and older. This restriction shall also be covered in both the deed restriction and the development agreement.

8. The applicant comply with all Army Corps of Engineers’ requirements in connection with the wetlands on the site. In addition, the applicant make reasonable attempts to have off-site mitigation done to provide landscaping and detention in those areas.

9. Specific permitted on-site amenities include: a beauty salon; an exercise room; a therapy room; recreation room; and a library.

10. Number of units be limited to a maximum of 90.

11. No employees or facility residents may park on the street. On-site parking for all residents and employees must be provided.

12. The applicant take appropriate measures to provide for the security of the parking areas with lighting and security measures as directed by the Chief of Police.

13. Exterior lighting be provided and appropriately screened from surrounding neighborhoods.

14. The applicant enter into a development agreement with the City that provides for the age restriction and any other items deemed necessary by the City.

15. All units must be constructed of equal or higher quality materials consistent with surrounding neighborhoods.

And with the following findings:

1. This project will not significantly impact surrounding schools for this neighborhood.

2. The traffic study indicates the impact would be similar to a single-family development.

3. The relative density/intensity of senior housing at 18 units per acre is of a lower intensity than an unrestricted multi-family development.

4. The large setbacks, to be approved during the site plan process, will reduce the visual impact on surrounding neighborhoods.

5. The project contains appropriate amenities for this use.

6. The project furthers the intent of the Moderate Income Housing Plan.

7. The project is appropriate given the HHSF Zone, this specific location, and the acreage provided for this location.

Lee Duncan seconded the motion, which passed by a 6-1 vote. Ken Averett opposed.

PUBLIC HEARING - COMMERCIAL SUBDIVISION - CONCEPTUAL - Hogan Office Park is a proposed commercial subdivision to be located at approximately 940 North 1250 West in the B-P Zone. Hogan & Associates Construction, Property Owner and Applicant.

Aric Jensen, Community Development Director, reported the petitioner is requesting conceptual approval for a commercial business park subdivision. The subdivision would divide the existing Hogan Construction property into six 1+ acre lots. The petitioner had previously approached the City about subdividing the property, but was asked to wait pending the final grading plans for Legacy Parkway and the 1250 West overpass, which would cut diagonally through the northwest corner of this property. Since the Legacy Parkway has been delayed indefinitely, staff believes that it would not be appropriate to delay this project any further. The proposed project conforms with the General Plan and the existing B-P Zone, but does not contain a second stub street to the north as illustrated on the Street Master Plan. It is believed that the Legacy Parkway alignment would make this street unnecessary and/or impossible to construct. Staff will make any official determination before preliminary plat approval as to the feasibility of this connection.

Chairman Hulse opened the public hearing. Seeing there was no comment, he closed the public hearing.

Diana Moesinger made a motion to recommend approval of the conceptual subdivision based on the revisions recommended by staff and with the understanding that staff may require an additional stub street to the north as indicated on the Street Master Plan, plus any additional reasons to be determined by staff. Ann Hewlett seconded the motion, which passed by unanimous vote (7-0).

PUBLIC HEARING - ZONE MAP AMENDMENT (REZONE) - Request to rezone approximately 4.5 acres of property located at approximately 600 East 900 South from R-1-1- to R-1-85. Jerry and Janice Slagowski, Petitioners.

Aric Jensen, Community Development Director, reported the petitioners are requesting a rezone of their 19,500 sq. ft. lot from R-1-10 to R-1-85 in order to split the lot and build an additional home. At staff’s request the petitioners have received written approval from all of the property owners on both sides of the street to include their properties in the rezone, thus alleviating the issue of spot zoning.

Chairman Hulse opened the public hearing. Seeing there was no comment, he closed the public hearing.

Lee Duncan made a motion to recommend approval of the zone map amendment for approximately 4.5 acres located at approximately 900 South and 600 East from R-1-10 to R-1-85, including all the homes in the petition and with the following findings.

Chairman Hulse seconded the motion, which passed by unanimous vote (7-0).

PUBLIC HEARING -- TEMPORARY CONDITIONAL USE PERMIT - The Home Depot is requesting to install a temporary chain link fence area (block cage) for sales of bulk goods in the parking lot, 50 North Market Place Drive in the C-2 Zone. Bill Morgan, Applicant.

Aric Jensen, Community Development Director, reported the Home Depot is proposing a temporary sales and storage area in the southern end of their parking lot. The area would be for bulk "pallet" sale items such as cement blocks, pavers, bagged soil/manure, etc. The proposed site plan shows a fenced (chainlink) area enclosing an entire parking lane and three rows of stalls. Merchandise would be stacked on both sides of the drive lane, allowing customers to drive up to the pallets for easy loading. Mr. Jensen explained that originally the petitioner proposed using the southwest corner of the parking lot, which is bordered on two sides by the existing wrought iron fence. The actual application moved the location closer to the front of the store. This is a more secure location and closer to existing cash registers, but is in a highly visible area and is exposed to the public on all four sides. This location will also increase vehicle flow in the pedestrian/vehicle interface area in front of the store. Mr. Jensen explained these "temporary" sales are becoming an annual event and questioned the need for a more permanent arrangement, since the petitioner has substantially more parking than is necessary. Staff believes that an area should be permanently designated and improved for this type of activity.

Bill Morgan, Assistant Manager, said the main reason for moving the location was to allow for the one-way drive through ability from east to west. He said the southwest corner has numerous landscaped islands and would require vehicles to make more than one turn to exit the area. He presented the proposed chainlink fence along with a green screening fabric that will be placed on the exterior of the fence to help screen the area from the public. He explained the fence posts will be imbedded into the asphalt and removed at the end of the sale period (approximately March to September). He said in the past this storage/retail area has been located at the rear of the store, causing congestion in the fire lanes, which is another reason for the proposed new location.

Diana Moesinger asked the applicants their feelings on making this a more permanent structure. Ken Averett asked if any of the storage items would be visible above the fence, what type of security measures will be taken, and how they propose to keep the area clean.

Ron McDonald, Manager, said a more permanent structure would hinder snow plowing and the east/west fire lane. He also fears a more permanent structure would become a permanent storage facility, which they do not want. He said they have had minimal security problems in the past, but the area will be gated and locked when not in use. He explained sale items would only be stacked two pallets high and that it could be possible to see some storage just above the fence, but nothing excessive. He said they do have maintenance crews that will keep the area clean. Mr. McDonald explained that it is proposed to have display storage sheds on the east side of the fence to prohibit customer parking near the fence preventing damage.

Chairman Hulse opened the public hearing. Seeing there was no comment, he closed the public hearing.

Ken Averett made a motion to approve a temporary conditional use permit for the Home Depot bulk sales area with the following conditions:

1. Hours of operation be limited to store hours.

2. Months of operation be allowed from March 1, 2003 - September 30, 2003.

3. No store product may be visible from outside the fenced area.

4. The fencing material include chainlink with a screening fabric to screen product from public view, per the sample fence material presented at this meeting.

5. All storage sheds and or storage facilities be incorporated inside the fenced area.

6. Utilize commercial parking barriers to act as a buffer between the storage area and the parking stalls.

7. The direction of traffic flow through the storage area be one direction and well marked for the public.

Ann Hewlett seconded the motion, which passed by unanimous vote (7-0).

PUBLIC HEARING - CONDITIONAL USE PERMIT - Request for a vending cart to be located at The Home Depot, 50 North Market Place Drive in the C-2 Zone. Unitas Corporation, Applicant and Don Danhour, Agent.

Aric Jensen, Community Development Director, reported the petitioner is requesting a conditional use permit to operate a mobile food vending facility (hot dog cart) on the Home Depot premises. Staff has determined that no site plan modifications are necessary as long as the cart is located within the designated sales area on the concrete apron of Home Depot between the two exits on the northern end of the store. Each cart is self contained, including refrigerator, culinary water storage, waste water/liquid storage, condiments, soda pop, utensils, etc. One employee will operate the facility, with an off-site manager overseeing operations. Staff recommends all employees obtain appropriate food handling licenses and that hours of operation be established.

Diana Moesinger asked if there would be electrical power run to the cart from Home Depot and, if so, what precautions would be taken to prevent tripping accidents. She also asked if the Board of Health would need to approve this use and suggested a Centerville City business license be required for this use as well.

Jeff Havenar, Manager, explained that there will be a single electrical cord run from the back of the cart to Home Depot. He said if there is not an electrical outlet directly behind the cart on the exterior wall of Home Depot, then one will be installed. He also explained the cart will be within 5 feet of the store, discouraging customers from walking behind it. Mr. Havenar assured the Planning Commission that all appropriate approvals and licenses will be obtained, including those from the Board of Health and Centerville City. Mr. Havenar said the hours of operation would be less than those of Home Depot.

Chairman Hulse opened the public hearing. Seeing there was no comment, he closed the public hearing.

Ken Averett suggested a temporary conditional use permit for a period of one year, since this is a new venture for the City. This would allow the Planning Commission to evaluate the use after one year and make any necessary adjustments. The Planning Commission agreed.

Ken Averett made a motion to approve a temporary conditional use permit for a vender cart at Home Depot with the following conditions:

1. The hours of operation must comply with those listed in the applicant’s proposal and should not exceed the hours of operation of Home Depot.

2. The applicant must obtain all appropriate approvals and licenses from Centerville City and the Board of Health.

3. Any electrical supply from Home Depot to the cart must be in such a fashion to prevent any trip and fall accidents.

4. The area must be kept clean and free of debris.

This conditional use permit will be for a period of one year from April 1, 2003 to March 31, 2004, at which time the applicant must return to the Planning Commission for evaluation and permanent approval/conditional use permit.

Diana Moesinger seconded the motion, which passed by unanimous vote (7-0).

AMENDED SUBDIVISION PLAT - Request to amend the Centerville Marketplace Commercial Subdivision Phases 1 & 2 by vacating Lot 8 of Phase 1 and Lot 201 of Phase 2 to create a new two-lot commercial subdivision named Centerville Marketplace Phase 3. CLC Associates, Agent for Target Corporation.

Aric Jensen, Community Development Director, reported the proposed plat is located between Lone Star Steakhouse and Full Throttle Power Sports, and extends from 400 West to the Frontage Road. The petitioner is amending two existing plats in the Centerville Marketplace Subdivision in order to create a larger parcel for the new car dealership proposed by Murdock Group. To the best of staff’s knowledge, this proposal meets all the criteria for subdivision approval.

Lewis Nielsen made a motion to recommend approve of the Centerville Marketplace Phase 3 Subdivision with the condition that the City Engineer and the City Recorder verify its accuracy, and with any other conditions to be determined by staff. Diana Moesinger seconded the motion, which passed by unanimous vote (7-0).

FINAL SITE PLAN – YZF BUILDING -- Lot 4 Evergreen Business Park located at approximately 1348 West 75 North. Boulder Properties, LLC Property Owner, James Stout, Applicant.

Aric Jensen, Community Development Director, reported the petitioner is proposing a single 9,000 square foot office warehouse building, internally divided into three equal sections. This is a typical design and layout for an office/warehouse site. The only significant change to the site plan since conceptual approval was a change to the drainage plan which reduced the landscaping by 0.25%. The changes were made at the recommendation of the City Engineer. All criteria for final site plan approval have been met with the exception that the title report has not been completed, two utility provider sheets have not been returned, and the landscaping bond has not been posted. Staff feels confident these items can be handled administratively and that approval can be conditioned on their completion.

Scott Vaterlaus made a motion to approve the final site plan with the following conditions:

1. The title report be completed.

2. Utility provider sheets be returned.

3. Landscaping bond be posted.

Chairman Hulse seconded the motion, which passed by unanimous vote (7-0).

CODE AMENDMENT - PLANNING & ZONING ORDINANCES - Proposed text amendment to Planning & Zoning Ordinances, Miscellaneous Regulations, Section 12-340-7(9)(a), A-1 Zone, Section 12-320-1(3)(e), R-1-10 Zone, Section 12-320-2(3)(d), R-1-85 Zone, Section 12-320-3(3)(d), R-2 Zone, Section 12-320-4(3)(e), and R-3 Zone, Section 12-320-5(3)(d).

Aric Jensen, Community Development Director, reported the current procedure for home occupation approval is for staff to review and approve them administratively. This policy was initiated by the previous Community Development Director at the direction of the Planning Commission. However, the Code was never updated to reflect this change. Staff is proposing at this time to amend Title 12 of the City Code to reflect this current policy. All home occupations which meet the strict criteria of the Home Occupation section of Title 12 will be considered permitted uses in all residential areas. Any deviation from the ordinance would require special approval from the Planning Commission as stated in the language on "minor variances". This change would bring the Code into conformance with the existing procedures which have been in practice for the past ten years.

Ann Hewlett made a motion to recommend approval of the changes to Title 12 as presented by staff. Chairman Hulse seconded the motion, which passed by unanimous vote (7-0).

PLANNING & ZONING CODE/MUNICIPAL CODE - Proposed amendments to the Zoning Code, Title 12, and Centerville Municipal Code, Title 15, regarding public noticing procedures.

Aric Jensen, Community Development Director, reported the Planning Commission forwarded a positive recommendation regarding changes to noticing requirements. Since that approval, staff has met with the Deputy City Attorney and the City Recorder and determined where and how those changes should be codified if approved by the City Council. Mr. Jensen reviewed with the Planning Commission a chart explaining the proposed changes to the noticing procedures. The Planning Commission may choose to revisit the issue, make a motion to approve, or take other action as necessary. The City Council is prepared to consider this item in their meeting on April 1, 2003.

Chairman Hulse made a motion to recommend approval of the proposed changes to the Centerville Municipal Code Title 12 regarding public noticing procedures, with changes as necessary. Lee Duncan seconded the motion, which passed by unanimous vote (7-0).

PUBLIC HEARING - INDEPENDENCE SQUARE PROCEDURAL CORRECTION - CONCEPTUAL SITE PLAN - Consideration of conceptual site plan for Independence Square to be located at approximately 254 North Market Place Drive in the C-2 Zone. Tingey Real Estate, Limited Partnership, Property Owners, and Mike Stangl, Applicant.

Aric Jensen, Community Development Director, reported that staff erroneously brought the proposed Independence Square site plan for preliminary approval at the February 26, 2003 meeting instead of for conceptual site plan approval. Staff recommends that the item be re-opened for consideration, including public comment, and assuming no comments or changes, that the motion be for conceptual approval with the same conditions as mentioned in the previous motion.

Chairman Hulse opened the public hearing. Seeing there was no comment, he closed the public hearing.

Lee Duncan made a motion to approve Independence Square conceptual site plan with the same conditions as mentioned in the motion of February 26, 2003. Lewis Nielsen seconded the motion, which passed by unanimous vote (7-0).

DIRECTORS REPORT

1. Next regularly scheduled Planning Commission Meeting - Wednesday, April 9, 2003.

2. Next Zoning Code Update Meeting -- Wednesday, April 2, 2003 at 6:00 p.m.

3. Dave’s Auto - Mr. Jensen informed the Planning Commission that the pole sign installed by Dave’s auto is not in compliance with what was approved. He explained staff will be enforcing compliance and that Dave’s Auto will most likely be returning to the Planning Commission for additional approval.

The meeting was adjourned at 10:05 p.m.

Brian Hulse, Chairman
Kathleen Streadbeck, Recording Secretary