May 26, 2010
Planning Commission Minutes of meeting
Wednesday, May 26, 2010
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.
Jim Pedersen, Chair
Cory Snyder, Community Development Director
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary
Sherri Lindstrom, City Council
OPENING COMMENT/LEGISLATIVE PRAYER Commissioner Kjar
MINUTES REVIEW AND APPROVAL
The minutes of the joint City Council/Planning Commission work session held April 28, 2010 were reviewed. Commissioner Duncan made a motion to approve the minutes as written. The motion was seconded by Commissioner Markham and passed by unanimous vote (7-0).
The minutes of the Planning Commission meeting held May 12, 2010 were reviewed. Commissioner Rasmussen made a motion to approve the minutes as written. The motion was seconded by Commissioner Fillmore and passed by unanimous vote (7-0).
PUBLIC HEARING – CONDITIONAL USE PERMIT – SEASONAL SHAVED ICE STAND – 1097 SOUTH MAIN STREET - Consideration of a conditional use permit for a temporary use; consisting of a seasonal shaved ice stand to be located at approximately 1097 South Main Street, between the drive entrances of Zeponie’s Pizza and the Tri-Mart Gas Station, in the C-H Zone. Matt Weaver, Applicant.
Brandon Toponce, Assistant Planner, reported the applicant is requesting a temporary conditional use permit for Ice Breakers Shaved Ice stand. The stand is proposed to be located in the parking lot on the southeast corner of Pages Lane and Main Street adjacent to Zeponie’s Pizza. The applicant proposed to keep the stand open until September 6, 2010. Mr. Toponce reviewed the application as written in the staff report dated May 26, 2010. It appears the proposed use is compatible with surrounding uses and will not negatively affect the area or the community. Staff recommends approval with conditions. Mr. Toponce distributed a revised list of conditions for the Commission’s review.
Commissioner Pedersen questioned why the Rainbow Snow Shack, just north of this proposed location on Pages Lane, is not held to the same standards. Cory Snyder, Community Development Director reminded the Commission that the Rainbow Snow Shack was approved under old City ordinances and is therefore considered a legally non-conforming use. If the Rainbow Snow Shack ever comes to the City for a change, then they will be responsible to adhere to the current City ordinances.
Commissioner Duncan said there are two vacancies (3-D Video and Top Stop) that utilize this same parking lot. If a business were to come to either of the vacant locations, would there be enough parking to support another use and the Ice Breaker shaved ice stand? Mr. Toponce assured the Commission that there is plenty of parking in the area to support the uses. Any new use would also be subject to City approvals.
Commissioner Markham questioned the noise of the generator that is part of the proposed Ice Breaker trailer. He said a running generator is noisy and could be considered a negative impact on surrounding residents.
Commissioner Holbrook suggested revising condition #5 regarding garbage. He suggested adding more detail to state that garbage must be emptied when full and that all garbage must be removed from the site each evening to avoid it being scattered by weather or small animals. He also asked where the garbage will be dumped.
Matt Weaver, applicant, said the generator does not run full-time. It is only operated when there is a need for ice. He said they turn the generator on and shave a large amount of ice, then turn it off. It is only run intermittently. He also stated the lights in the trailer are powered by a battery; they are not powered by the generator. Mr. Weaver also explained that he has a pick-up truck where garbage will be placed each day. At the end of each day he will haul the garbage away.
Chair Pedersen opened the public hearing. There was no comment, he closed the public hearing.
Commissioner Fillmore made a motion for the Planning Commission to approve a conditional use permit for the shaved ice stand, located at 1097 South Main Street, with the following conditions.
1. A lease agreement from the property owner shall be submitted to City staff before issuance of the conditional use permit, a business license, or any other necessary permits may be issued.
2. The conditional use permit shall expire on September 6, 2010.
3. A conditional use permit shall be issued for the Ice Breakers Shaved Ice for temporary retail sales to be located at 1097 South Main Street.
4. The placement of the shaved ice stand shall follow the site plan that was submitted to City staff on May 12, 2010.
5. A garbage can shall be available, adjacent to the Ice Breakers Shaved Ice stand, for customer use and shall be emptied when full by the Ice Breakers employees and shall be taken away each night.
6. Ice Breakers shall be responsible for keeping the grounds around the shaved ice stand clean from garbage. City staff shall randomly inspect the property for compliance.
7. Following the expiration date of Monday, September 6, 2010, the applicant shall have seven (7) days to remove all items from the property and restore the site to its prior condition.
8. Hours of operation shall be from 12:00 p.m. to 10:00 p.m., and opened daily.
9. Employees shall be limited to two (2) employees on site at any time.
Reasons for the Action:
1. A full application was submitted for a conditional use permit [Section 12-21-100(d)(1)].
2. A temporary use not meeting the development standards of Section 12-56-050 is required to receive a conditional use permit [Section 12-56-060].
3. With the above conditions, all applicable standards for the conditional use permit have been satisfied [Section 12-21-100(e)(3)(A-D), Section 12-21-100(e)(5)(A-K)].
4. Restoration of the property after the temporary use has expired is required by Section 12-56-050(h) of the Zoning Ordinance.
The motion was seconded by Commissioner Kjar and passed by unanimous roll-call vote (7-0).
PUBLIC HEARING – CONCEPTUAL SITE PLAN – DAVE ROBERTS OFFICE/WAREHOUSE BUILDING – 603 SOUTH 800 WEST (FRONTAGE ROAD) - Consideration of a conceptual site plan for a new 1 or 2 story office/warehouse building; consisting of 4 suites, to be located at 603 South 800 West (Frontage Road), in the C-VH Zone. Jeff Cook, Cook Builders, Applicant.
Brandon Toponce, Assistant Planner, reported the applicant is requesting a conceptual site plan approval for a proposed office/warehouse building. The building will consist of four (4) suites and the applicant has provided three possible configurations for the suites. Mr. Toponce reviewed the application as written in the staff report dated May 26, 2010. After careful review of the application it appears the possible uses of the building are appropriate for the area and will not negatively impact its surroundings. There are several issues that will need to be resolved prior to final site plan approval, but staff feels that overall the conceptual plan is acceptable.
Commissioner Fillmore questioned the parking lot landscape requirement. She thought parking lot landscaping was only required if the lot was a certain size. She also questioned if there is an expiration date on the conceptual site plan approval. Mr. Toponce said there are requirements for parking lot landscaping that will need to be met with this application, but the applicant will not need to have the plans drawn by a licensed landscape architect. He also said, according to City ordinance, that the applicant has one year from the approval date of the conceptual plan to come before the Commission for final site plan approval.
Commissioner Holbrook questioned if the City can require two handicap parking stalls; one for a potential employee and one for the public. Mr. Toponce said parking stall requirements are set by the building code depending on the square footage of the building and all handicap stalls are counted within that number of necessary stalls. The applicant may choose to dedicate more stalls as handicap, but it is not required.
Jeff Cook, applicant, said he is aware of all the issues and is prepared to deal with each one as listed in the staff report. He explained the building will be one level with a slightly slanted roof from west to east. The proposed second story will be more of a mezzanine level within the structure. Since the building is so small there will be no roof-mounted equipment. There may be an air-conditioning unit on the ground, but it will be screened appropriately. All heating equipment will be located within the building. Mr. Cook said he is unsure who owns the billboard currently located on the property. The billboard is located on the southern edge of the property and should not pose any complication with the proposed construction. Mr. Cook mentioned that he will be approaching neighboring businesses to see if they are willing to share the cost of the needed water lines. He also explained that he will most likely bring in about four to five feet of fill dirt. He will meet the requirements as set forth by the City Engineer.
Commissioner Kjar questioned if there was any way the City could help share the cost of the new water lines that will need to be run to the property. He said this is a significant cost for one property owner to take on, when these lines could potentially be used by other property owners in the vicinity. Lisa Romney, City Attorney, said the property owner is generally the one to incur the cost of new water lines if they are needed for their private development.
Chair Pedersen opened the public hearing. There was no comment; he closed the public hearing.
Commissioner Duncan made a motion for the Planning Commission to accept the conceptual site plan for the Roberts Frontage Road Building, located at 603 South 800 West, with the following conditions:
1. All fees shall be paid.
2. The applicant shall submit a final site plan application meeting the standards found in Section 12-21-110(e) of the ordinance.
3. The final site plan shall indicate the exact proposal for the building to be constructed in regard to:
a. Building height
b. Building use, including percentage of individual uses such as office/retail and
c.. The applicant shall keep in mind the goals of the General Plan in regard to desired retail
use when designing the building
d. Building exterior design; including color and material.
4. All existing buildings, foundations, unusable trees and other discarded and abandoned material shall be removed from the site to prepare for fill and construction.
5. The lot shall be required to have sufficient fill to be compacted down in preparation for construction. The applicant shall work with the City Engineer in regard to a final grade. The amount of fill and the final grade shall be indicated on the final site plan.
6. New curb, gutter and sidewalk along the Frontage Road shall be shown on the final site plan to be constructed meeting all City standards.
7. The applicant shall work with the City Engineer and the Public Works Director in regard to bringing adequate culinary and secondary water lines to the property, including any fire hydrants required by the South Davis Fire Marshal.
8. The final site plan shall depict all necessary public utility easements with 10 feet along the Frontage Road and seven feet on the other two sides.
9. A landscaping plan shall be professionally created and submitted to City staff as part of the final site plan submittal. This landscaping plan shall meet all applicable requirements found in Chapter 12-51. The landscaping plans shall include the following:
a. Percentage of parking lot landscaping
b. All vegetation to be planted
c. A listing of the total number of trees and shrubs to be found on site
d. Maintain a clear view around driveways, meeting the criteria in 12-55-230(a)
e. 50% of the building foundation facing the Frontage Road shall be landscaped
10. Additional dumpster screening detail shall be shown on the final site plan indicating height, material and color of the dumpster enclosure.
11. All roof mounted and wall mounted equipment shall be properly screened from view and shown on the final site plans.
12. A lighting plan shall be shown on the final site plan.
13. Proposed signage type shall be depicted on the final site plan, meeting the criteria found in Chapter 12-54 of the Zoning Ordinance.
14. The final site plan shall depict detail regarding the on-site billboard including height, size, distance from the property lines and building.
15. Utility provider sheets and a current title report shall be submitted as part of the final site plan application process.
Reasons for Action:
1. The applicant has clearly shown how the property may be developed [Section 12-21-110(d)(2)].
2. The proposed concept meets the goals of the General Plan [Section 12-480-3(c)].
3. The applicant has submitted a full application [Section 12-21-110(d)(1)].
4. More landscaping and screening detail will need to be indicated [Section 12-51-040(b), Section 12-51-070].
5. Lighting detail will need to be shown [Section 12-63-070, Section 12-21-110(e)(v)(c)].
6. Adequate utilities must be identified [Section 12-21-110(d)(2)(A)(xiv)].
7. With the above conditions addressed, the proposal will meet the requirements found in the Zoning Ordinance, in regard to development standards in the CV-H Zone [Table 12-34-1].
8. A final site plan application and a conditional use permit shall be required for submittal [Section 12-21-110(e), Section 12-21-100].
The motion was seconded by Commissioner Fillmore and passed by unanimous roll-call vote (7-0).
COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
The next regularly scheduled Planning Commission meeting will be held on June 23, 2010. (Note: Commissioner Duncan made a motion to cancel the regularly scheduled Planning Commission meeting on June 9, 2010 as no applications are ready for review. The motion was seconded by Commissioner Holbrook and passed by unanimous vote 7-0).
Foothills Management Plan update
South Main Street Corridor Plan update
Larry Miller Megaplex Movie Theater
Community Arts Center
The meeting was adjourned at 8:20 p.m.
Jim Pedersen, Chair Date Approved
Kathleen Streadbeck, Recording Secretary