PLANNING COMMISSION MINUTES OF MEETING
Wednesday, June 25, 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 7:00 p.m. by Vice Chair Jim Palmer.

MEMBERS PRESENT
 Tamilyn Fillmore
 Jason S. Nichols
 Jim Palmer
 Jim Pedersen, arrived at 7:07 p.m.
 Rebecca Wayment
 
MEMBERS ABSENT
 Lee Duncan, Chair
 Steve Markham

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

VISITORS
 Karen Daly  Diane Waldron         William Nicoloff

OPENING COMMENT/LEGISLATIVE PRAYER   Commissioner Nichols

MINUTES REVIEW AND APPROVAL

The minutes of the Planning Commission meeting held June 11, 2008 were reviewed and amended.  Commissioner Palmer made a motion to approve the minutes as amended. The motion was seconded by Commissioner Wayment and passed by unanimous vote (3-0). Commissioner Palmer abstained from voting, as he was not present at the meeting.

Commissioner Pedersen arrived at the meeting.

PUBLIC HEARING – CODE TEXT AMENDMENT, ZONING ORDINANCE, CHAPTER 12-36, AND TABLE OF USES ALLOWED.  Consideration of a code text amendment of the City’s Zoning Ordinance, Chapter 12-36, Table of Uses Allowed.  The proposed text change would allow “Personal Instruction Service” as a permitted use in the Industrial- High (I-H) Zone.  Craig Salmon, Mission CWS, LLC, Applicant.

Brandon Toponce, Assistant Planner, explained that the Craig Salmon office warehouse on 1250 West is now completed. Mr. Salmon desires to have a tenant in his building, which is a dance studio.  A dance studio would be considered a personal instruction service.  Mr. Toponce said a personal instruction service is currently not allowed under the ordinance in the Industrial-High (I-H) Zone.  The Zoning Ordinance defines a personal instruction service as: “An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, gymnastics and dance studios, handicraft or hobby instruction, martial arts training, and swimming clubs.”  Mr. Toponce stated the following four factors must be considered before the ordinance can be changed:

1. Is the proposed amendment consistent with the goals, objectives and policies of the City’s General Plan?  Staff believes by allowing personal instruction services within the I-H Zone, it will help to revitalize and help the economy on the west side. The reason being, most personal instruction classes take place after school and after regular business hours. A vocational school, which is similar to personal instruction service, is a permitted use in the I-H Zone with evening and weekend hours being permitted.
2. Is the proposed amendment harmonious with the overall character of existing development in the vicinity of the subject property? Mr. Toponce explained industrial uses such as manufacturing, storage of materials, and car equipment repair uses are types of companies currently in the I-H Zone.  However, a vocational school could be approved for this area, and the proposed use is not much different.
3. What is the extent to which the proposed amendment may adversely affect adjacent property?  The proposed use of personal instruction service would be considered a low use, since it will not generate a high amount of traffic and deliveries.   
4. What is the adequacy of facilities and services intended to serve the subject property? Staff believes parking will not be a factor, because many of the industrial uses require one parking space per 1,000 square feet of floor area. Office space requires one parking stall for 200 square feet in the I-H Zone. A vocational school would require one space per employee; plus two spaces per class room, and one space for every three students of driving age. Personal instruction is not an intensive use, and would require one-half stall per person under maximum occupancy allowed by the Fire Code. 

In conclusion, staff believes the personal instruction service would be acceptable for the west side.  The proposed use meets the goals and objectives of the General Plan, and would be a good fit for the west side. Staff believes that personal instruction services are similar to a vocational school, because there is an instructor teaching a certain service to students.
  Staff recommends the ordinance be changed to allow personal instruction services within the Industrial-High (I-H) Zone.

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

Commissioner Wayment asked for clarification between personal instruction services and a vocational school, and why a vocational school is approved in the I-H Zone.  Mr. Toponce explained vocational school would be teaching a job skill, such as: manufacturing, equipment servicing, computer training, and car repairs. Commissioner Wayment asked if an exercise gym would be considered under a personal instruction service. Mr. Toponce explained an exercise gym would not be considered personal instruction, as there would need to be an instructor teaching. If there was someone teaching yoga or basketball, it would be considered a personal service, because they are being taught. The personal instruction service would be more for hobby type activities, such as: art, dance, gymnastics, and swimming team. Cory Snyder, Community Development Director, explained vocational training schools would be for an accredited professional development similar to the Davis Applied Technology School, where courses on welding and auto repair are taught.  A technology school would give a certificate of endorsement when classes are completed. Mr. Snyder said a personal instruction service is not necessarily certified or accredited by an entity, but would be a person with a lot of experience who desires to teach others on a hobby basis. Mr. Snyder explained the concept of teaching is the same, and this is why staff recommends they are similar. He said there is not a significant difference in personal instruction service versus what is allowed on the west side. Mr. Snyder said most of what is existing is office and warehouse, but it is not in conflict with the General Plan or Zoning Ordinance, because the Zoning Ordinance allows for broader set uses, and staff believes personal instruction uses can be included without conflicting with the General Plan and Zoning Ordinance.
           
 Commissioner Nichols said a vocational school would be for students who are older, and they would be driving to school.  He said personal instruction students would be mostly children, and he expressed concern about safety issues with trucks and service deliveries traffic. Mr. Snyder explained most of the new development is tenant suites, and the ability to have a dance studio or gymnastics studio would currently be limited to Main Street.  Staff looked at the uses that could be accommodated in the industrial area, and the issue of age and clientele doesn’t come into any of the zoning uses.  It is a matter of facility uses, and where the adequate space is for these uses.  He said the available building space is on the west side, and the age of the clientele was not considered. Commissioner Wayment asked if there are different lighting requirements for the I-H Zone versus the lighting requirements for Main Street.  Mr. Snyder said there is not a mandatory lighting standard outside of Parrish Lane.  He said it is up to the individual developments for the lighting plan they want to propose. 

Vice Chair Palmer made a motion for the Planning Commission to recommend to the City Council the following amendment to the Centerville City Zoning Ordinance:  Chapter 12-36-Table of Uses Allowed shall be amended to allow “Personal Instruction Service” as a permitted use in the Industrial-High (I-H) Zone.

Findings:

1. The applicant has submitted a complete application in order to receive    review by the Planning Commission and City Council [Section 12-21-080(d)(1)]. 
 2. The change to the Zoning Ordinance is in harmony with the goals and    objectives of the General Plan [Section 12-480-6(11)].
 3. The factors to be reviewed have been satisfied [Section 12-21-0809e01-4].
 4. The proposed use would be in harmony with uses already allowed within    the Industrial-High (I-H) Zone [Chapter12-36].           
 5. Parking appears to not be an issue since the required parking for the    proposed use is lower than all other services found within the I-H Zone    [Table 12-52-1].

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

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
a. Upcoming Projects
  Final site plan application for the Fire House Car Wash will be at the next   Planning Commission meeting.       
 b.     The City Council adopted the Main Street General Plan and Zoning    Ordinance, but they did amend the setback requirements on Parrish Lane    on the ten to twenty-foot setback.  However, the City Council did express    appreciation for the work the Planning Commission did.
 c. The Mayor, City Manager, and Cory Snyder are discussing the Strategic    Plan for Main Street.  Preliminary concepts on the thought pattern are to    wait for the EIS document from UTA to see what their engineering and    alignments are going to be.  Projected timing for the EIS Study     finalization will be by the end of 2008.
 d. City Council has set a goal to look at the hillside on what should or should   not be done with the City acreage and public land on the hillside. An    internal look needs to be considered on the annexation issue. The political    wheel as of today is to not annex, because there are no services on the    hillside at this time.

The meeting was adjourned at 7:30 p.m.

____________________________________  _______7-30-08________
          Jim Palmer, Vice Chair                                            Date Approved

__________________________________
      Connie Larson, Recording Secretary