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Home » City Recorder » Agendas, Minutes & Public Notices » Planning Commission Agendas & Minutes » 2010 Planning Commission Minutes » August 11, 2010

August 11, 2010


PLANNING COMMISSION MINUTES OF MEETING
Wednesday, August 11, 2010
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.

MEMBERS PRESENT
Lee Duncan
Tamilyn Fillmore, Vice Chair
Kent Holbrook
Scott Kjar (arrived at 7:06 p.m.)
Dianna Rasmussen

MEMBERS ABSENT
Steven Markham
Jim Pedersen, Chair

STAFF PRESENT
Cory Snyder, Community Development Director
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary 

VISITORS
Dan Bridenstine, U.S. Development
John Baza, West Bountiful City Councilman
Tricia Reynolds
Spencer Reynolds

OPENING COMMENT/LEGISLATIVE PRAYER Vice Chair Fillmore

MINUTES REVIEW AND APPROVAL

Minutes of the Planning Commission meeting held July 14, 2010 were reviewed. Commissioner Duncan made a motion to approve the minutes as written. The motion was seconded by Commissioner Rasmussen and passed by unanimous vote (4-0).

PUBLIC HEARING – LEGACY CROSSING AT PARRISH LANE, A MIXED-USE DEVELOPMENT, AT THE CORNER OF PARRISH LANE & 1250 WEST - Consideration of the following: 1) Preliminary subdivision plat for Legacy Crossing at Parrish Lane development; 2) Conditional use permit approval for the Legacy Crossing at Parrish Lane Planned Center, and; 3) Final site plan approval for Phase 1; which consists of the Megaplex Theatre. Dan C. Bridenstine, U.S. Development, Applicant.

Brandon Toponce, Assistant Planner, reported the applicant is seeking three approvals for the Legacy Crossing mixed-use planned center development: a final site plan approval for Phase 1; a conditional use permit; and a preliminary subdivision plat. Mr. Toponce reviewed all three applications as listed in the staff report dated August 11, 2010.
Final Site Plan

The final site plan application for Phase 1 includes the proposed Megaplex Theater with all other associated accessory uses and some public and private improvements (i.e., public space, roadways, round-about, and landscaping). All details of the final site plan and the planned center as a whole are described in a Development Agreement, to be finalized in the near future. Staff has reviewed the final site plan application and found it to be complete, including a letter from Zions Bank, stating funding is available. There are still some engineering concerns, but the City Engineer and Fire Marshal are comfortable if these concerns are conditioned with the approval. Mr. Toponce reviewed the previous conditions of the conceptual site plan approval, emphasizing a few items. The theater’s building height is within the permitted height per City ordinance. The loft/tower is exempt from the building height calculations because it is not occupied floor space. Fencing has now been added throughout the entire planned center and will consist of wrought-iron with entry rock columns. The fencing will help provide continuity throughout the project as well as help direct the public and provide safety for residents. Parking stalls for the theater use are slightly less than required (approximately 80 stalls), but will be made up per cross access agreements as future phases of the development are completed. Per the conditional use permit and the Development Agreement, those 80 stalls will have to be completed if, for some reason, no other phases of the development are completed. If all phases of development are completed as planned, the entire planned center will have more parking stalls than required per City ordinance. Staff has received a signage plan but it lacks details regarding size, appearance, and materials used. This will need to be submitted for further review. A new landscaping plan was distributed to the Commission this evening. The necessary landscape percentages will be met as all phases are completed. Landscaping for Phase 1 meets the necessary requirements. Staff feels the architectural design and color of the building are appropriate and meet the Parrish Lane Design Guidelines. Mr. Toponce reviewed the public spaces, including the pathways and the trellis plaza. Staff requests the applicant enhance the lighting on the building and within the public areas to emphasize architectural details and provide safety for pedestrians. The proposed Legacy Crossing appears to meet all the standards of the Planned Development Overlay and staff recommends approval of the final site plan application.

Conditional Use Permit

Mr. Toponce reviewed the criteria for a conditional use permit application. The proposed Legacy Crossing planned center development appears to be in harmony with the General Plan. This will be the first mixed-use planned center on Centerville’s west side and will set precedence for future developments. It is uncertain how this development will affect businesses and uses, both existing and future. Staff feels there will be both positive and negative impacts to the city and surrounding areas because of this development. The planned center will increase revenue, generate jobs, and provide a new housing component. The planned center will also impact water/utility lines and traffic/roads. Staff feels these impacts have been appropriately addressed and mitigating factors have been set to help this development harmonize with surrounding and future uses. The Development Agreement details the improvements that will take place to help mitigate negative impacts. The City is working with the applicant to install appropriate water/utility lines that will service both the Legacy Crossing planned center as well as any future developments. The applicant will also be relocating a sewer line that currently runs under the movie theater site. This will be done prior to any preloading on the site. The Davis County Sewer District is aware of the project and is in favor of the sewer line relocation. Mr. Toponce explained the conditional use permit, in conjunction with the Development Agreement, outlines the contingency of the 80 parking stalls. If Phase 1 is the only phase to be built, the applicant will be required to install the remaining 80 parking stalls so the theater use can stand alone in accordance with City ordinances. The Development Agreement details the traffic/road improvements, including the enhancement of 200 North and the development of the Legacy Crossing Boulevard with a round-about on either end. These improvements will help traffic flow and circulation. The Legacy Crossing Boulevard will be maintained by the planned center and 200 North will be maintained by the City.

Cory Snyder, Community Development Director, explained a street signal light is planned for the intersection at Parrish Lane and 1250 West, but UDOT is the responsible party and the approval entity. Centerville’s Redevelopment Agency (RDA) is working with UDOT to try and expedite the installation of the traffic light at this intersection if possible. The RDA is also helping the applicant with the cost of upgrading the water/utility lines in the area so all future uses may have adequate service.

Preliminary Subdivision Plat

Mr. Toponce reported the preliminary subdivision plat appears to be complete. All items to be reviewed as part of a preliminary subdivision plat application have been covered with the final site plan, the conditional use permit, and the Development Agreement processes. It appears all dimensions, easements, lots, phases, etc., have been placed on the plat as needed. The Davis County School District has mentioned there will be no problem absorbing the projected amount of students for this development into the current school system. Mr. Toponce reviewed the previous conditions of the conceptual subdivision plat approval highlighting a few items. It appears there will be adequate snow removal for the development and there will also be three detention basins within the development to help with drainage. The applicant has yet to secure the necessary utility provider sheets but utility companies have been contacted and the process takes time. The applicant is prepared to provide the necessary open space easements for all common areas; however, this has yet to be recorded. The applicant will be required to apply for a final subdivision plat approval and will meet with staff for one final review prior to that approval. Overall, staff recommends approval of the preliminary subdivision plat application for the Legacy Crossing development.

Discussion

Commissioner Kjar questioned the ability of the applicant to provide the remaining 80 parking stalls if Phase 1 is the only phase ever completed. The property for the remaining 80 stalls is not currently owned by the developer. How can a developer guarantee something on property that they do not own? Commissioner Kjar also questioned the timing for requiring the remaining 80 parking stalls.

Lisa Romney, City Attorney, explained the Development Agreement details all the conditions for the entire 28-acre development, including all cross access agreements and maintenance obligations. Once the Development Agreement is recorded, the property will be encumbered with these conditions, whether owned by the current property owner or the developer. The developer will purchase the property needed for each phase on an installment basis as the development builds out. Ms. Romney said it may become problematic to get the developer to install the remaining 80 parking stalls, but they are a party to the Development Agreement and it is a condition of their site plan approval. It may be in the applicant’s best interest to apply for a parking waiver/modification at this time.

Mr. Snyder said he does not believe a parking waiver/modification is necessary until it becomes known that future phases will not be completed. The Development Agreement is clear that the applicant will be required to install the remaining 80 parking stalls, if necessary. The Development Agreement also details the timeline and parameters for such a build out.

Commissioner Rasmussen questioned the installation of trees along the south side of Legacy Boulevard. She also questioned the caliper of the trees saying she would like to see more mature trees planted. She would also like to see additional landscaping/trees in the public trellis plaza. Vice Chair Fillmore agreed the public open space/trellis plaza would be more highly used if well shaded and landscaped. She also questioned the installation of tables in this area. It appears benches are the only amenity.

Mr. Toponce directed the Commission to the new landscape plan submitted this evening. There will be trees along both sides of Legacy Boulevard and within the public trellis plaza. Staff assumes there will be tables within the area as well, but this may be a question for the applicant. 

Vice Chair Fillmore questioned the proposed fencing. She said it appears there is a great deal of chain link along the perimeter of the property. She would like to see a landscape buffering between fencing and the development. She also questioned the variation in height of the proposed wrought iron fence along Legacy Boulevard.

Mr. Snyder explained the existing chain link fence along the perimeter belongs to UDOT and borders the Frontrunner Commuter train and the railroad. There is no chain link planned or permitted within the Legacy Crossing planned development. There is a required 5-foot landscape buffer between UDOT’s property (railways) and Legacy Crossing. Mr. Snyder also explained the variation in fence height will provide decorative elements, directional assistance for pedestrians and safety for residents.

Commissioner Holbrook questioned possible options for beautifying the property between Legacy Crossing’s north property line and Parrish Lane (UDOT property/hill that leads up to the Parrish Lane Interchange).  Mr. Snyder said there have been discussions with UDOT regarding this property and its beautification. Centerville’s Redevelopment Agency is reviewing possible funding options for this purpose.

The Commission discussed concerns regarding the proposed parking lot pole lights. More than one Commissioner agreed there should be fewer parking lot lights, but not at the expense of raising light poles to an extreme height. Commissioners also agreed the pedestrian lighting and building lighting on the theater should be enhanced as mentioned by staff to increase the architectural aesthetics of the development. Staff reviewed the thematic lighting for the development and explained the idea is to create more architectural/ambiance lighting by using fewer pole lights. This will also diminish the nuisance of light splay into residences. According to the lighting plan, the proposed pole height is 22.7 feet, which is lower than the permitted 25 feet.

Dan Bridenstine, applicant, said they are trying to get an audience with UDOT to discuss options for beautifying the northern property, between Legacy Crossing and the Parrish Lane Interchange, with some low-watering vegetation. He hopes as the Legacy Crossing project moves forward that additional funding options will become available for this purpose. Mr. Bridenstine said the public open space/trellis plaza will be shaded and highly landscaped. It will also have benches. There are no tables planned for this area as it will be used for various public activities and there are no planned food vendors in this area. He explained there is an enclosed outdoor private area off the theater building which will include tables and will be available for public use on a rental basis. There will also be other outdoor dining options as part of other restaurant pads within the development. Mr. Bridenstine reviewed the fencing plan, explaining it will frame the landscaping, enclose and secure the residential area, and direct pedestrians to trailheads and pathways. He also discussed the connectivity of the pathways throughout the development. Mr. Bridenstine said trees will be planted on either side of Legacy Boulevard during Phase 1 construction. The caliper of the trees will also be larger than required, as they tend to thrive better than a smaller tree.   

Vice Chair Fillmore opened the public hearing.

John Baza, West Bountiful City Council Member, says he lives in a neighborhood within close proximity to the proposed Legacy Crossing planned center. He asked the Planning Commission to consider that the impacts of this development will go beyond Centerville’s boundary. He said West Bountiful will also feel the effects, both positive and negative, from this development. He said West Bountiful’s children are bused to Centerville Elementary School across the freeway but not to Centerville Junior High. He asked Centerville to continue to put pressure on UDOT to help manage traffic as it increases. He said he is not opposed to the Legacy Crossing planned development and feels this is a productive use for the site, but asked Centerville to stay vigilant in mitigating impacts. He said his neighbors are concerned with the amount of traffic and possible crime that may be generated with this development and its associated high-density residential. 

Vice Chair Fillmore closed the public hearing.

MOTION – Final Site Plan

Commissioner Duncan made a motion for the Planning Commission to approve the final site plan for Phase 1 of the Legacy Crossing at Parrish Lane development, located at the southeast corner of Parrish Lane and 1250 West with the following conditions:

Conditions:

1. All professional services fees shall be paid and all necessary bonding shall be posted prior to construction permit.
2. Phase 1 shall be limited to the use of a movie theater and accessory uses within the theater such as eateries, or a restaurant, yet shall not have drive-through access restaurants.
3. The developer shall follow all related conditions of approval for Phase 1, found in the Planned Development Overlay approval dated July 7, 2010.
4. The developer for Phase 1 shall follow all related conditions set forth within the Development Agreement dated July 26, 2010 and as recorded.
5. The developer shall put in all related public and private improvements set forth in 32a. 1-11 of the Development Agreement.
6. The developer shall work with the City Engineer in regard to all drainage, utilities and public improvements through the construction process.
7. The developer shall address the following concerns of the City Engineer prior to structure building permit application:
• Show location and number of water meters for the entire site within the landscaping plan.
• Include backflow prevention detail and double check valves.
• The radius around 200 North, all driveways and around the buildings will need to be reviewed to ensure that larger vehicles will have adequate space for maneuvering and turning. 
• The main sewer line running under the building footprint will need to be moved prior to preloading the site (a plan showing this and all sewer lines must be submitted before this takes place).
• Show the location of all power lines on site.
• Indicate that power lines, directional signage and the Legacy Highway truck sign along 1250 West will be moved to their proper locations outside of any public or private improvement.
• The detention basin will need additional detail in regard to the waterway and outflow.
• Indicate proper spacing in regard to street lights on public and private roads.
• The fire line must be looped around the building with an additional fire hydrant on the back side of the building (as required by the South Davis Metro Fire Marshal).
• Show detail in regard to the fire department connection (FDC) on the northwest corner of the building (as required by the South Davis Metro Fire Marshal).
• Increase the length of all sidewalks along Legacy Crossing Boulevard to connect with the crosswalks south and north of the round-about.
8. Decorative fencing along Legacy Crossing Boulevard shall be constructed following the criteria of the Development Agreement, Exhibit N-2.
9. Pole signs, monument entryway signage and wall signage detail shall be submitted to staff as part of a sign permit application and shall follow the criteria found in Chapter 12-54 of the Zoning Ordinance and Criteria 7 and Exhibit G of the Development Agreement.
10. The applicant shall follow the approved landscaping plan that was submitted as part of the final site plan application dated August 11, 2010.
11. Prior to the issuance of a structural building permit, the applicant shall indicate on the final landscaping plans the following: Wet stamp by the landscape architect, berming along Legacy Boulevard, specific type of landscaping around the building foundation and trash compactor gate detail (including material and color).
12. Proper screening shall take place on the movie theater following the criteria in Chapter 12-51.  This screening shall include all wall and roof-mounted equipment being screened from view of adjoining public street.
13. The Plaza area shall be constructed as per the Development Agreement following the criteria of Exhibit L-3 and L-4.
14. Additional lighting detail on the trellis area shall be submitted prior to the structure building permit.  This lighting shall be decorative and shall emphasize the architectural detail of the structure.
15. Bollard lighting, or another form of pedestrian lighting, shall be located within the pedestrian walkway from Phase 1 to Phase 2 at all pedestrian and vehicular connections.  Detail regarding this lighting shall be submitted with the structure building permit application.
16. The applicant shall re-address the building lighting and modify the style on the front of the building to be a more decorative light that emphasize the architectural details of the structure, as revised and approved by staff.
17. Site lighting must follow Exhibit F-1 and Criteria 18 of the Development Agreement.
18. Design and actual placement of all streetlights shall be reviewed and approved by the Public Works Director prior to installment, meeting and/or exceeding an approved City Standard for the development.
19. All parking lot lighting facing the future apartment complex shall be properly shielded as to not direct light into the future apartments.
20. All pedestrian pathways and sidewalks shall follow Exhibit K of the Development Agreement.
21. Detail regarding the ticket kiosk shall be presented to staff prior to structure building permit.  The kiosk area shall match in design, color and material of the rest of the building and follow architectural design standards of the Development Agreement, Exhibit M-4.
22. The movie theater shall follow all architecture rendering found in Exhibit M-4 of the Development Agreement.
23. Approval of a conditional use permit, preliminary subdivision, the recording of the Development Agreement and the final subdivision plat, with the cross access agreement and the HOA and CC&Rs for the entire planned project, shall occur prior to the issuance of a structure building permit. A preloading building permit may occur prior to these approvals if the developer so desires.
24. Any required easements shall be recorded prior to a building permit on Phase 1 and with the recording of the final plat. 

Reasons for Action:

1. The final site plan approval follows the submittal procedures of Section 12-21-110(e)(2) of the Zoning Ordinance.
2. Financial backing detail has been submitted by Brandon Duke with Zion’s Bank (letter dated July 6, 2010).
3. Height exemptions allow towers and lofts to be over 45 feet (Section 12-55-120).
4. With the above conditions being satisfied, the landscaping plan shall be satisfied (Chapter 12-51).
5. Parrish Lane Guidelines have been satisfied (Chapter 12-63).
6. Criteria for a planned center have been satisfied (Section 12-21-110(f)(5).
7. The applicant has met the development standards for improvements within the Commercial-Very High Zone [Chapter 12-34].
8. The site meets all the criteria pertaining to on-site parking and landscaping [Chapter 12-51, Chapter 12-52].
9. The final site plan has been found to be complete and meeting standards for approval [Section 12-21-110(e), Section 12-21-110(f)(1-4)].
10. The conditions of approval for the conceptual site plan application have been satisfied or as approved by the Planned Development Overlay Approval [November 18, 2009 Planning Commission Meeting] clearly showing how the property may be developed [Section 12-21-110(d)(2)].
11. The applicant has received General Plan Amendment approvals (December 1, 2009), Rezone approvals (July 6, 2010) and received approval for the Development Agreement (July 6, 2010).

The motion was seconded by Commissioner Holbrook and passed by unanimous roll-call vote (5-0). 

MOTION – Conditional Use Permit

Commissioner Rasmussen made a motion for the Planning Commission to approve the conditional use permit for Legacy Crossing at Parrish Lane, located at the southeast corner of Parrish Lane and 1250 West with the following conditions:

Conditions:

1. The conditional use permit shall be for Legacy Crossing at Parrish Lane located at the corner of 1250 West and Parrish Lane.
2. The project shall consist of six phases and have a mixed-use of a movie theater, residential, restaurants, retail and any other possible uses as allowed within the C-VH Zone.
3. The entire project shall follow all conditions related to the Planned Development Overlay dated July 7, 2010.
4. The entire project shall follow the Development Agreement dated July 26, 2010.
5. The developer shall put in all related public and private improvements set forth in 32a.(1-11) of the Development Agreement.
6. A new sidewalk shall be placed along 1250 West from Parrish Lane to 200 North as part of the overall project improvements.
7. A round-about shall be constructed as part of Phase 1 and following 32a.(1) of the Development Agreement.
8. The developer shall work with the City Engineer in regard to all traffic issues, round-about standards and safe visual triangles for the round about and all other driveways.
9. Replacement of 200 North shall take place following the Criteria of 32a(11)b. of the Development Agreement. 
10. The applicant shall follow all landscaping requirements for the entire site as submitted within the approved landscaping plan; each phase shall contribute to the entire project and landscaping percentages shall be calculated as each phase receives final site plan approval.
11. The applicant shall work with the City in regard to sufficient water supply for the project.
12. The applicant shall submit all utility provider sheets indicating that all utility providers will be able to offer service to the project prior to approval of the final subdivision plat.
13. The sewer line found on the property shall be moved prior to any preloading of Phase 1.
14. Applicant shall work with the City in regard to all storm drainage and erosion control as indicated within Criteria 31 of the Development Agreement.
15. All appropriate easements shall be recorded as part of the final subdivision plat prior to a structure building permit.
16. Current signage and power poles along 1250 West that may be in the way of any future driveways or 1250 West improvements shall be relocated. 
17. The City and the developer shall work with Rocky Mountain Power in relocating the power pole on the north corner of 200 North.
18. As each phase is approved, adequate parking shall be verified for the specific use and follow the cross-access agreement criteria found within Criteria 23, 24 of the Development Agreement.
19. If the project fails and Phase 1 is only constructed, the applicant shall come before the City to realign the phasing line in order to create space for and construct the additional 80 required stalls.
20. At the City Engineer’s request all driveways, drive-isles, and circulation shall be reevaluated to ensure larger vehicles can maneuver throughout the site.
21. All parking lot lighting facing the future apartment complex shall be properly shielded as to not direct light into the future apartments.
22. The water line on Phase 1 shall be looped around the building with an additional fire hydrant on the east facing side of the building.
23. Fire Department shall review each phase at the time of final review for each future development within the project.

Reasons for Action:

1. The applicant has satisfied all applicable evidence and factors for a conditional use permit [Section 12-21-100(e)(3)(A-D, Section 12-21-100(e)(5)(A-K)].
2. The use is found to be in harmony with the General Plan [Section 12-480-6.1, Section 12-480-6.2].
3. The Legacy Crossing at Parrish Lane will be suitable for this location, since they meet all the applicable zoning standards, and with all the above conditions being satisfied, will reduce the negative impact on the community [Section 12-21-100(e)(3)(c)].
4. Cross-Access Agreement has been approved through the Development Agreement [Development Agreement 24].
5. Many of the negative impacts have been mitigated through the approval of the Planned Development Overlay (July 7, 2010) and the Development Agreement (July 26, 2010).

The motion was seconded by Commissioner Duncan and passed by unanimous roll-call vote (5-0).

MOTION – Preliminary Subdivision Plat

Commissioner Fillmore made a motion for the Planning Commission to approve the preliminary subdivision plat for Legacy Crossing at Parrish Lane, located at the southeast corner of Parrish Lane and 1250 West with the following conditions:

Conditions:

1. Submit final plat to be recorded following the criteria of Chapter 15-4 of the Subdivision Ordinance.
2. Work with City staff in reviewing the plat to ensure accuracy before the final plat is recorded.
3. All public and private improvements shall take place by the developer in accordance to Exhibit D of the Development Agreement.
4. Applicant shall work with the City Engineer in regard to all detention basin detail.
5. The applicant shall follow the regulations in regard to storm drainage and erosion control found in the Development Agreement, Criteria 31.
6. Utility provider sheets shall be submitted prior to recording of the final plat.
7. The applicant shall work with the City Engineer in regard to culinary water, adequate fire flow and on and offsite improvements.
8. The subdivision is subject to all applicable criteria and approvals related to the planned development overlay, conditional use permit and Development Agreement.
9. All infrastructures shall meet City standards.
10. The applicant shall create CC&Rs for the residential community and have them submitted to the City for review and recording of the final plat.
11. The Development Agreement shall be recorded prior to or concurrently with the final plat.

Reasons for Action:

1. Review of the preliminary plat met the required information found in Section 15-3-103(1-21) of the Subdivision Ordinance.
2. Applicant submitted a complete application [Section 15-3-102].
3. Zoning regulations have been addressed as part of the Development Agreement and conditional use permit.
4. The project is in harmony with the General Plan [Section 12-480-6(2), Section 12-480-6(1)].
5. According to the Davis County School District, future children may be accommodated without a strain on the local schools (Chase Rodgers, Davis County School District Operational Planner, November 18, 2009 Planning Commission Meeting Minutes).
6. All previous conditions of approval from the conceptual subdivision review have been satisfied [November 18, 2009].

The motion was seconded by Commissioner Holbrook and passed by unanimous roll-call vote (5-0).

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

a. The next regularly scheduled Planning Commission meeting will be held on August 25, 2010.  
b. Upcoming projects
• Final Subdivision Plat for Legacy Crossing
• South Main Street Corridor Plan amendments

The meeting was adjourned at 8:45 p.m.

_____________________________  ________09-08-2010_________
 Tamilyn Fillmore, Vice Chair                                 Date Approved 

 _____________________________________
Kathleen Streadbeck, Recording Secretary

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