PLANNING COMMISSION MINUTES OF MEETING
Wednesday, December 10, 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 Chair Lee Duncan.

MEMBERS PRESENT
Lee Duncan, Chair
Tamilyn Fillmore
Steven Markham (arrived at 7:18 p.m.)
Jason Nichols
Jim Palmer
Jim Pedersen
Rebecca Wayment

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

VISITORS
Tess Petersen
Jeffery Duke

OPENING COMMENT/LEGISLATIVE PRAYER Commissioner Pedersen

MINUTES REVIEW AND APPROVAL

The minutes of the Planning Commission meeting held November 12, 2008 were reviewed and amended. Chair Duncan made a motion to approve the minutes as amended. The motion was seconded by Commissioner Pedersen and passed by unanimous vote (6-0).

Commissioner Pedersen made a motion to approve the Planning Commission’s 2009 meeting schedule as presented. The motion was seconded by Chair Duncan and passed by unanimous roll-call vote (6-0).

PUBLIC HEARING – AMENDED SUBDIVISION PLAT – PINEAE VILLAGE CONDO PLAT II - Consideration of amending the plat to eliminate references to the term condominium, for the purposes of allowing greater flexibility for financing homeownership within the development. Tess Peterson, Gold Medallion Homes, Applicant.

Brandon Toponce, Assistant Planner, reported Gold Medallion has informed staff that in order to offer FHA loans the word “condo” needs to be removed from the Pineae Village Condo Plat II. FHA will not approve the sale of town homes with the word “condo” on the plat. If the word “condo” is not removed, Gold Medallion Homes would be required to take Plat II through the HUD FHA project approval process and a condominium project.  According to the applicant, this procedure is lengthy and would add 30 to 45 days onto the process of selling individual town homes to homeowners.  Therefore, this simple change will allow the applicant to move forward with both conventional and FHA loans to potential homeowners. 

This change requires a subdivision plat amendment. This plat was originally approved in May/June 2008 and was recorded with Davis County in July 2008. The plat consists of nine town home buildings, totaling 54 individual units in Lot 154 and 155. Nothing on the plat other than the removal of the word “condo” is taking place. This amendment does not change any physical aspect of Lot 154 or 155. The streets and buildings on each lot will remain as indicated on the recorded plat. The proposed amendment will also not affect any current or future homeowner within the Pineae development. However, it will help future homeowners by allowing them additional loan options.

Overall, staff finds this change will not affect the subdivision in a negative way and recommends approval. It appears the change, although minor, is needed in order for Gold Medallion to offer the proper loans to all potential homeowners for the town homes on Lot 154 and Lot 155. This change will also affect the CC&Rs for the plat and will need to be reviewed by the City Attorney and recorded with the Davis County Recorder’s Office.

Commissioner Nichols asked if this was originally a condominium project or if this was a typographical error. He said a project submitted under the jurisdiction of the Condominium Act must follow certain rules and make specific declarations.

Cory Snyder, Community Development Director, said Pineae Village was developed as a Planned Unit Development (PUD). Lisa Romney, City Attorney, said this project was done as a PUD and not as a condominium project under the Condominium Act. The CC&Rs were required as part of the PUD process.

Tess Petersen, applicant, explained that the surveyor who prepared the plat mistook these lots as condos because of the shared walls and open space. In reality these are town homes. She explained there are CC&Rs for each aspect of the development, including master CC&Rs. The entire project is a PUD.  She said this amendment will benefit future homeowners by providing additional loan options.

Chair Duncan opened the public hearing. There was no comment. He closed the public hearing.

Chair Duncan made a motion for the Planning Commission to recommend approval to the City Council, regarding the proposed plat amendment for Pineae Subdivision, Plat II, Lots 154 and 155, subject to the following conditions and findings:

Conditions:

1. The amendment shall be for the removal of the word “condo” from Plat II of the Pineae Subdivision only.
2. The amendment shall be recorded with the Davis County Recorder’s office.
3. The amended CC&Rs will need to be reviewed by the City Attorney and recorded with the Davis County Recorder’s Office.

Findings:

1. An application for an amended plat was submitted and found to be complete by staff.
2. The removal of the word “condo” from the plat will not physically injure the residents and future residents living within the Pineae development.
3. Good cause was found in removing the word “condo” from the plat, in order for Gold Medallion Homes to offer FHA loans to future homeowners.

The motion was seconded by Commissioner Palmer and passed by unanimous roll-call vote (6-0).

PUBLIC HEARING – ZONING CODE TEXT AMENDMENT – SECTION 12-36, TABLE OF USES ALLOWED, TO ALLOW “RETAIL, GENERAL” AND “RECREATION AND ENTERTAINMENT, INDOOR” IN I-H ZONE - Consideration of amending Section 12-36, Tables of Uses Allowed, to allow “Retail, General” and “Recreation and Entertainment, Indoor” as permitted uses in the I-H Zone.  Jeffery Duke, Wilde Arrow, Applicant.

Cory Snyder, Community Development Director, reported the applicant would like to relocate their business to a vacant building (i.e., the old Guitar City site) in the West Centerville Neighborhood (zoned I-H, Industrial-High). Wilde Arrow is a specialty retailer focused on archery and related merchandise. The applicant desires to establish an indoor archery range in conjunction with their retail sales. Currently “General Retail” and “Recreation & Entertainment, Indoors” are prohibited uses in the I-H Zone. The applicant is asking the City to amend Section 12-36, Tables of Uses Allowed, to include these uses as permitted in the I-H Zone.

General Retail
 
 Cory Snyder, Community Development Director, said the I-H Zone is mainly associated with the west side Business Park District. The General Plan indicates the uses in the Business Park as “light manufacturing, office, and professional service type uses.” The proposed amendment would introduce retail or commercial type uses which, staff believes, conflicts with the desire and intent of the General Plan. The West Centerville Neighborhood Plan limits commercial uses to the four corners located at Parrish Lane and 1250 West. Commercial uses were not intended to extend past this “gateway corridor.” It is better to establish the “gateway” corridor first, then extend commercial uses out from there if needed in the future. It seems the proposed text amendment weakens or dilutes the goals and desires of the General Plan. It is staff’s position that a General Plan amendment is required in order to allow “General Retail” uses in the Business Park District. Staff recommends denial of the proposed text amendment to include “General Retail” as a permitted use in the I-H Zone.   

Mr. Snyder presented another option for the applicant with regard to retail sales. He said, historically, the site in question (old Guitar City building) has been used for retail sales. The current retail use has a nonconforming right to continue for this building so long as it complies with Chapter 12-22 of the Zoning Ordinance. Currently, the building is vacant and this nonconforming right for retail sales will expire January 1, 2009.  If the applicant or another retail sales use occupies the building, prior to the expiration date, the nonconforming use for retail sales may continue for this specific building and property. This option is preferred by staff over changing the ordinance to allow “General Retail” in the I-H Zone.

Commissioner Nichols questioned if the code allows retail sales as an incidental use in conjunction with the “Recreation & Entertainment, Indoors” use.

Commissioner Fillmore questioned if a motion to approve could be worded in such a way to allow the connection of the retail use and the archery range use without specifying which is primary and which is secondary. She said the proposed use seems to makes sense for this area (I-H Zone) of the city.

Mr. Snyder said the code allows accessory uses incidental to a primary use. It is the burden of the business owner to establish the primary use and show how it is registered, listed and operated. In this case, it appears the primary use is “General Retail.” He explained the Table of Uses is simplistic and in order to allow a connection of uses without defining which is primary and which is secondary would require an amendment to that matrix and the definitions of accessory use. Commissioner Palmer agreed that “General Retail” seems to be the primary use. It appears that the revenues from retail sale would be greater than that of the archery range.

Chair Duncan said it doesn’t seem that this north side of Parrish Lane (already established) was discussed as much as the vacant south side of Parrish Lane when discussions regarding the Legacy Parkway Corridor were taking place. He questioned if this north side could act as a buffer from the commercial uses along the corridor, thus allowing some commercial uses in this area? He said, historically, this area has had several retail uses as part of conditional use permits. He said auto sales are allowed as a conditional use. He said it seems this proposed use would be appropriate in the I-H Zone and would be less of an impact than auto sales. He said the proposed use would not make sense in the retail area (Marketplace) of the city. It makes more sense in the I-H Zone. He said he would like staff to look at viable options for allowing this proposed use in the I-H Zone. Commissioner Fillmore agreed.

Mr. Snyder said the commercial zone is more intense than the I-H Zone and is required to buffer itself from surrounding zones. No transition between zones is needed. He explained that the historic retail sales in this area are construction sales (related to a trade, i.e., tile, plumbing, construction materials, etc.) and are allowed per a conditional use permit. “General Retail” as defined in City ordinances is very different from construction sales. The City could explore some options for “General Retail” in the I-H Zone with a size cap, but it would still require an amendment to the General Plan in order to meet its goals and intent for this area. He said the amendment as presented this evening does not comply with the intent of the General Plan and staff recommends denial of the application. The Planning Commission may direct staff to review the General Plan and make recommendations for a change. This would take several months to complete. In the meantime, the Planning Commission could approve the archery range and see if the nonconforming retail use is still active as discussed earlier.

Jeffery L. Duke, applicant, said Wilde Arrow considers itself a pro-shop. He said their primary use is retail, but they also provide service and training. He said it makes sense to have an archery range as part of the pro-shop, allowing customers a place to train on or test their equipment purchases. He said waiting the time needed for the City to change their General Plan will most likely eliminate his deal with the building owner to purchase this property. He said if the archery range is approved and he can get a business license under the nonconforming retail use then he would be able to get his business started while possible General Plan changes are discussed. He said this is an excellent business that would be a benefit to the community.

Chair Duncan opened the public hearing. There was no comment. He closed the public hearing.

Chair Duncan made a motion for the Planning Commission to recommend denial of the proposal to amend Section 12-36, Table of Uses, to allow “General Retail” as a permitted use in the I-H Zone based on the following findings:

Findings:

a. The text change would not be consistent to the goals and objectives of the General Plan, as reviewed and considered in the December 10, 2008 Staff Report. 
b. The proposed amendment does not comply with the review criteria found in Section 12-21-080(e) of the Zoning Ordinance, as reviewed and considered in the December 10, 2008 Staff Report.
c. Objective I-H of the West Centerville Neighborhood Plan desires to limit the uses of the Business Park to light manufacturing, office, and professional service type uses.
d. The proposed text amendment to allow general retail as a permitted use in the I-H Zone is not consistent with the objective listed above.
e. All existing I-H Zoning Districts are located within the West Centerville Neighborhood.
f. The West Centerville Neighborhood Plan indicates that commercial uses ought to be established in the Parrish-Legacy Gateway area, specifically focused on the four corners of Parrish and 1250 West, as stated in Goal 2 of the Plan.
g. These commercial areas of the Parrish-Legacy Corridor have not yet developed and expanding commercial uses for the I-H Zone seems to weaken or dilute the goals and desires of the West Centerville Neighborhood Plan, which could compromise the development of the nearby Parrish-Legacy Gateway Corridor area.  

The motion was seconded by Commissioner Nichols and passed by roll-call vote (6 -1). Commissioner Pedersen opposed.

“Recreational & Entertainment, Indoors”

Cory Snyder, Community Development Director, reported the proposed amendment would introduce a “Recreational & Entertainment, Indoors” use in the I-H Zone. The professional service type uses that are already allowed in the I-H Zone, staff believes, are similar to that of an archery range. These uses are labeled as “Personal Instruction Service” and include music schools, gymnastics and dance studios, handicraft and hobbies instruction, martial arts training, and swimming clubs. Staff believes the proposed amendment does not appear to conflict with some of the existing land uses already allowed in the I-H Zone. 

Mr. Snyder explained that buildings in the I-H Zone typically have a rectangular appearance and are generally composed of block or metal. An indoor recreation facility would have similar appearance and style. This building style often has long windowless walls that enclose the interior uses such as warehouse, gymnasiums, swimming pools, and bowling alleys and in the case of the applicant, an archery range. This style is much more compatible with the I-H Zone rather than in commercial districts where windows, doorways, and other decorative elements often dominate building facades.

Chair Duncan opened the public hearing. There was no comment. He closed the public hearing.

Commissioner Palmer made a motion for the Planning Commission to recommend approval of the proposal to amend Section 12-36, Table of Uses, to allow “Recreation and Entertainment, Indoor” as a permitted use in the I-H Zone based on the following findings:

Findings:
 
a. The text change would be consistent to the goals and objectives of the General Plan, as reviewed and considered in the December 10, 2008 Staff Report. 
b. The proposed amendment satisfies the review criteria found in Section 12-21-080(e) of the Zoning Ordinance, as reviewed and considered in the December 10, 2008 Staff Report.
c. Other similar uses permitted in the I-H Zone include uses such as music schools, gymnastics and dance studios, handicraft and hobbies instruction, martial arts training, and swimming clubs.
d. The associated building style for indoor recreation and entertainment is much more compatible with the I-H Zoning District Building Design [see Section 12-35-080(e) & (f)] than commercial districts where windows, doorways, and other decorative elements often dominate the facades of buildings, particularly as required in the Parrish Lane Gateway Design Standards [see Section 12-63-040(a), (b), and (c)].
e. The building design of indoor recreational and entertainment facilities are much more compatible in the I-H Zoning Districts than they are in the Commercial Zoning Districts, where such uses are currently now listed as permitted uses of two commercial zones (i.e., C-H and C-VH).
 
The motion was seconded by Commissioner Wayment and passed by unanimous roll-call vote (7-0).

Chair Duncan made a motion to direct staff to explore the possibilities and options for “General Retail” uses in the I-H Zone. The motion was seconded by Commissioner Palmer and passed by unanimous roll-call vote (7-0).

DISCUSSION AND CONTINUATION OF PUBLIC HEARING – ZONING CODE TEXT AMENDMENT – CHAPTER 12-68, SHORELANDS COMMERCE PARK DISTRICT DESIGN STANDARDS - Consideration of development guidelines proposed as Chapter 12-68, Shorelands Commerce Park District Design Standards in the West Centerville Neighborhood.  Centerville City, Applicant.

Cory Snyder, Community Development Director, said design guidelines are comprised of three components: design principles; shalls; and shoulds. Design principles provide ideas and guidance, shalls are required and shoulds are encouraged. The design guideline style was chosen for the Shoreland Commerce Park because the City is not entirely sure what this area will produce. Hopefully, design guidelines will provide a theme that can continue throughout the years. Typically the style of the first building drives the design for consecutive buildings. He said the drawback to the design guideline approach is that the first buildings fall under severe scrutiny and consecutive buildings sometimes become too lax. He said, hopefully over time, with the changing of building preferences and materials, the design theme will provide a base and with both requirements and guidance maintain some continuity.

Mr. Snyder reported that all five (5) of the cities along Legacy Parkway have some buildable land next to the scenic byway. A Corridor Management Plan with goals, concepts, and guidelines has been adopted for the entire Legacy Parkway. Two of the five cities have already adopted their own version of a development plan specific to their cities and mirrors many of the ideas set forth in the overall Corridor Management Plan. Mr. Snyder said Centerville’s proposed Shorelands Commerce Park Ordinance also reflects the concepts set forth in the overall plan. He explained the Legacy Parkway has been designated as a State scenic byway. He said the five cities are working to change that designation to a National status. A National designation would help with trail infrastructure and roadway signage.

Mr. Snyder reviewed the processes that have taken place thus far with regard to the Shorelands Commerce Park. He said primary stakeholders, property owners, staff, committees, and City officials have all been involved in the process. He said once the draft ordinance is ready for the zoning amendment process, the general citizens will be invited to comment.

The Planning Commission reviewed, page by page, Chapter 12-68, Shorelands Commerce Park District Design Standards, making suggested changes. The following is the discussion that took place as part of that review.

Mr. Snyder said, personally, he does not like stucco and asked the Planning Commission’s preference on building materials.

Chair Duncan said stucco will not do well next to Legacy Parkway, due to the humidity. He questioned if steel would be an appropriate material to add to the materials allowed. He has seen some great architectural elements done with steel and it can be made to look natural. Mr. Snyder said steel may be appropriate. He said he would explore some options for steel use.

Commissioner Palmer said he has been involved with the West Desert pumping station (located in the middle of the Great Salt Lake) in the past. He said the shoreland environment is aggressive and steel does not do well. In fact, concrete also deteriorates more rapidly due to the sodium content in the area. He said if anything less than type 5 concrete is used, the building will deteriorate in a matter of years. He said higher grade materials should be encouraged in this severe environment. He said this would increase building costs by maybe 5%. The Commission agreed that higher grade building materials would be appropriate.

Mr. Snyder discussed the Legacy Preserve. He said this is the area that sits west of the D&RG and the Sheep road. He said this is a high-use area that will include trails and pedestrian amenities. The City wants to be sure that any development along this area is attractive. Mr. Snyder also discussed building proportion. He said no one is sure what type of development will come to this area and he is afraid a large building and a small building may not be compatible if placed next to each other. He said once a pattern is established it will be easier to amend ordinances to reflect appropriate building size.  

Commissioner Fillmore questioned if the height of retaining walls should be called out specifically. Lisa Romney, City Attorney, said this is a sensitive issue. She said if a specific height is called out then everyone will go with the maximum. The ordinance, as worded, allows variation and the applicant and City the opportunity to make arguments as to why a height may or may not work.

Mr. Snyder said the Shorelands Commerce Park will have several different scenarios, with different grades, slopes, screening needs, and retaining possibilities. The ordinance, as worded, will allow the flexibility needed to work with each site individually. He also reviewed how to utilize the natural drainage ways to direct water.

Commissioner Fillmore questioned how economically feasible development in this area will be.  She said it seems with all the needed development upgrades, in addition to infrastructure, that developers may not be able to afford building in this area.

Mr. Snyder said the RDA has funded an economic analysis to determine the potential for property development and whether the tax increment can pay for the infrastructure. This study is still underway.

The Planning Commission will continue their review and discussion of this matter at a later date.

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

a. Next regularly scheduled Planning Commission meeting will be held on January 14, 2008 at 7:00 p.m.
 
The meeting was adjourned at 9:15 p.m.