PLANNING COMMISSION MINUTES OF MEETING
Wednesday, March 12, 2008
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 7:05 p.m. by Chair Lee Duncan.

MEMBERS PRESENT
 Lee Duncan, Chair
 Jason S. Nichols
 Jim Palmer
 Jim Pedersen, arrived at 7:10 p.m.
 Rebecca Wayment

MEMBERS ABSENT
 Steven Markham

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

VISITORS
 Kevin Kunz  David Carlson  Dave Bell          Justin Tempest
 Lance Tempest Zach Beckman

OPENING COMMENT/LEGISLATIVE PRAYER  Commissioner Wayment

MINUTES REVIEW AND APPROVAL

The minutes of the Planning Commission meeting held February 27, 2008 were reviewed. Chair Duncan made a motion to approve the minutes as amended.  Commissioner Nichols seconded the motion, which was passed by unanimous vote (4-0).

CONDITIONAL USE PERMIT – NEVER BETTER AUTO – 335 SOUTH FRONTAGE ROAD (Tabled from February 27, 2008) – Consideration of a conditional use permit for never Better Auto to sell used motor vehicles located at the Dave’s Import Auto site, 335 South Frontage Road, in the C-VH Zone.  Kevin Kunz, applicant.

Brandon Toponce, Assistant Planner, explained that this item was tabled at the February 27, 2008 Planning Commission meeting due to an existing on-site concern, and the need for increased detail for Never Better Auto. 
One of the previous concerns from the last meeting was in regard to signage and the violation of the three palm trees on the Frontage Road. Mr. Toponce said the palm trees have been removed, and the property is no longer in violation.  He said the Building Official has inspected the electricity to make sure it was disconnected appropriately, he   previously asked for a waterproof junction box. However, Mr. Bell said the wire has been disconnected and a cap has been placed on the wiring. The Building Official said this is an appropriate thing to do and will no longer require a junction box.

Mr. Toponce explained there was also a need for clarification on where the display parking and customer parking will be.  He said the three display parking stalls will be on the north side of the property, and the four customer parking stalls will be adjacent to the display parking. The display area cannot encroach within the customer parking, in order to maintain the required number of stalls for both businesses on site.  When the applicant discussed the size of his office, it was determined by the Zoning Ordinance that Never Better Auto would be required to have four additional stalls. He said in 1998 an addition was added to Mr. Bell’s building, and he was required, and is still required, to maintain 29 parking stalls. There are currently 36 parking stalls depicted on the site plan, with two of the stalls being on the south side of the addition.

Mr. Toponce said another concern was in regard to signage. Staff has received an application for a wall sign for Never Better Auto.  He said the Zoning Ordinance states there can be 15 percent of a primary wall as signage. The proposed sign is only 2.6 percent of the wall, and the current sign for Dave’s Import Auto is 6.6 percent, together both are under 15 percent.  Mr. Toponce explained the applicant did not request an additional pole sign.  He said the current pole sign was given permission in 2002 with a conditional use permit, at the time the Zoning Ordinance gave an incentive for co-location of business signs.  In September 2007, the ordinance was changed and the co-location was taken out of the Zoning Ordinance.  Mr. Toponce said since Mr. Bell was given approval for his pole sign before the ordinance was changed. His sign would be eligible for non-conforming status and the sign can remain.  General maintenance and face changes on the sign are permitted, but he cannot remove the sign or make it higher.  However, no other pole sign may be passed on the property. 

Conditional use permit requirements:

• Never Better Auto will be separate from Dave’s Import Auto.
• Never Better Auto will not require extra space for a show room or maintenance facility.
• Used vehicle sales are permitted within the Commercial Very-High (CV-H) Zone.
• The General Plan states the Frontage Road will be for commercial and retail-oriented businesses.
 
 Factors:

• Existing site is large enough to accommodate the current needs.
• Five other businesses within the area relate to vehicle repair or vehicle sales.
• The proposed use is suitable with what already exists on the Frontage
      Road and current site.
• Site will be limited to three parking stalls for display only.
• Hours of operation will be Monday through Saturday 10:00 a.m. to 7:00
       p.m.
• Applicant prefers preordered vehicles which would come from a local
      auction.
• All deliveries and pickups must occur onsite from 6:00 a.m. – 9:00 p.m.,
 and not on the public right-of-way.

Staff recommends approval of the conditional use permit.

Commissioner Nichols asked if the four parking stalls will be dedicated to Never Better Auto, or will they be nonexclusive between uses.  Mr. Toponce said the parking spaces are depicted on the site, but they will not have signs stating what business they’re for. Commissioner Nichols also asked if the four parking stalls are a function of the office space, or the number of cars being displayed. Mr. Toponce said three parking spaces are for display and the four are based off of the square footage of the office.  He said the Zoning Ordinance states that anything under 200 square feet requires a minimum of four parking spaces. Commissioner Pedersen asked if there is a way to get more display space.  Mr. Toponce said the applicant would have to request to amend the site to get more parking. Commissioner Pedersen asked what business is located to the east of the proposed business.  Mr. Bell said it is vacant property that was zoned C-2. 

Kevin Kunz, applicant, said there are three partners in this business.  He said this dealership will have a human element to it.  He said his partner has an autistic child who likes cars, and this is part of the reason they are starting this business.

Chair Duncan made a motion for the Planning Commission to approve the conditional use permit for Never Better Auto located at 335 South Frontage Road with the following conditions:

1. All fees shall be paid.
2. The property owner shall install waterproof junction boxes, or other device, as per the request of the Building Official.  When this has been completed, the Building Official will need to be notified so an inspection may be performed prior to receiving a business license.
3. The conditional use permit shall be for the operation of used vehicle sales located at 335 South Frontage Road.
4. Never Better Auto shall be limited to the display and use of three (3) outdoor vehicles located in the designated parking stalls as depicted on the attached site plan as a “Display Area.”  In addition, no other parking stalls designated for customers and employees shall be used for display area at any time.
5. Never Better Auto shall provide four (4) stalls for customer parking as depicted on the attached site plan. In addition, Dave’s Import Auto Service shall be required to have 29 parking stalls available for public use.
6. No off-site parking shall occur from Never Better Auto or Dave’s Import Auto Service on the public right-of-way, or adjacent properties.
7. All maintenance and detailing of the vehicles that are to be sold by Never Better Auto shall be done inside the building or at another approved site within or outside Centerville City.
8. All on-site activity for Never Better Auto, including pickups and deliveries, shall occur during the hours of 6:00 a.m. to 9:00 p.m.
9. The public right-of-way shall not be used for the loading and unloading of vehicles, and all loading and unloading shall occur on-site.
10. A copy of the applicant’s Automobile Dealer License shall be submitted to the Business Licensing Coordinator prior to, or as a condition of obtaining a business license.
11. The applicant shall obtain a Centerville City Business License.
12. A separate sign permit shall be obtained from the City for the proposed wall sign of Never Better Auto.
13. The office area for Never Better Auto shall be limited to 195 square feet in the existing building as designated on the attached site plan.

Findings:

1. The property is no longer in violation of the Zoning Ordinances, and the prohibited signage (palm trees) have been removed.
2. The applicant has addressed the concerns of the Planning Commission from the February 27, 2008 meeting.
3. According to 12-36 of the Ordinance, the Table of Uses allows for the use of vehicle rental or sale, used, limited in the Commercial Very-High (CV-H) Zone.
4. Used car sales on this lot is in harmony with what is existing on-site, the surrounding community, and the goals of the General Plan.

Commissioner Wayment seconded the motion, which was passed by unanimous roll-call vote (5-0).

PUBLIC HEARING – TEXT AMENDMENT – TITLE 15, SUBDIVISION ORDINANCE, 15-5-105 & 15-5-106 – VIDEOTAPING REQUIREMENTS – Consideration of amending Title 15, Subdivision Ordinance, Section 15-5-105 and 15-5-106 of the same regarding videotaping requirements for new subsurface drain and storm drain improvements and facilities.  Centerville City, applicant.

Cory Snyder, Community Development Director, explained the City Council is addressing several Municipal Code sections, as well as the sections of the Subdivision Ordinance to look at drainage infrastructure, and when it’s installed, to have it inspected.  Part of the inspection process is the videotaping of the lines to make sure they are in functioning order. Mr. Snyder said the videotaping requirements are part of the inspection and warranty period, and the Subdivision Ordinance needs to be changed to be consistent with the Municipal Code.

Commissioner Pedersen asked if the pictures are in color. Mr. Snyder said the robots will film in color, but down in the pipes, there isn’t much color to view.  Commissioner Nichols asked how much is charged for videotaping. Lisa Romney, City Attorney, said it costs 75 cents a lineal foot to do videotaping, and there is a fee schedule amendment as well.  She said the developers will be required to pay twice that amount in case there is a second required taping.  Ms. Romney explained if there is not a second taping after the warranty period has ended, the second part will be returned.  Chair Duncan asked if when the pipe is placed in the ground has it ever proven not to be adequate.  Mr. Snyder explained after the installation there is a bedding inspection, and a video camera is run through the pipe to make sure the joints are solid and there are no “bellies” in the pipes.  He gave an example of the Centerville Library where there were installation problems, but the County has accepted responsibility for the lines in an agreement with the City.

Chair Duncan opened the public hearing for comments. There was no one wishing to comment and the public comment portion of the hearing was closed.

Commissioner Palmer said the subsurface drain pipe needs to be flushed and cleaned, instead of just “sucking” the debris out into a collection box.  He asked if the videotaping is done by the City with their equipment, or is it contracted out.  Mr. Snyder said the City contracts the videotaping out. He said the City assumes responsibility for the system once it is cleaned out, and there is typically a one-year warranty for subdivisions. Commissioner Palmer asked if videotaping is done immediately after installation, as the settlement that will occur cannot be seen. Mr. Snyder said the system is usually operational before it goes to warranty from the inspection. He also said the State limits the City to a one-year warranty, but sometimes the warranties don’t start until long after they are up and operating.  Mr. Snyder said it is up to the Engineer when they want the videotaping to be done.

Ms. Romney said the vacuuming language was requested by the Public Works Director, because the pipe has to be vacuumed out before the camera can go in, and there is often a lot of debris in the pipes.              

Commissioner Palmer made a motion that the Planning Commission recommend approval of the proposed text amendments to the City Council as submitted in the attached exhibit of the March 12, 2008 staff report.

Findings:

1.    The proposed text amendments add clarity to Centerville City’s Subdivision Ordinance

Commissioner Nichols seconded the motion, which was passed by unanimous roll-call vote (5-0).        

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
a. Upcoming Projects
 b. Mr. Snyder reported on a proposed car wash next to McDonalds, which is    a permitted use. He said the owners are deciding if there will be a lube    center next to it.
c.    Wal-Mart Lot 3 is close to beginning construction. 
d.  Subdivision plat amendment will be heard at the next meeting.
e.  Mr. Snyder reported on the meeting last night about a new Main Street  Zoning Ordinance. There are still details to be worked out.
f.  The Main Street Committee is continuing to meet and Commissioner  Palmer reported the Committee is making progress. 

At 7:50 p.m., Chair Duncan made a motion to adjourn the meeting.  Commissioner Pedersen seconded the motion, which was approved by unanimous vote (5-0).