PLANNING COMMISSION MINUTES OF MEETING
Wednesday, August 26, 2009
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
Tamilyn Fillmore
 Steven Markham
Jim Palmer, Chair
Jim Pedersen
Dianna Rasmussen
John Walton

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

VISITORS
Alan Farnes   Dean Layton
Paul Smith   Ian VanWagoner
Melissa Hogan  R.E. Henrichsen
Steve Rush   Mark Athey  

OPENING COMMENT/LEGISLATIVE PRAYER Commissioner Pedersen

MINUTES REVIEW AND APPROVAL

The minutes of the Planning Commission meeting held July 29, 2009 were reviewed and amended. Commissioner Pedersen made a motion to approve the minutes as amended. The motion was seconded by Commissioner Walton and passed by unanimous vote (6-0).

The minutes of the Planning Commission meeting held August 26, 2009 were reviewed and amended. Commissioner Pedersen made a motion to approve the minutes as amended. The motion was seconded by Commissioner Rasmussen and passed by unanimous vote (6-0).

PUBLIC  HEARING – ZONE MAP AMENDMENT – PROPERTY WEST OF LEGACY PARKWAY (175 NORTH 1500 WEST) - UTILITY SUBSTATION OPERATED  BY  BOUNTIFUL  CITY  AND  PACIFICORP - Consideration  of a zoning map amendment for property located at approximately 175 North 1500 West (Sheep Road), west of the Legacy Parkway, West Centerville, for the future purpose of expanding two interconnected utility substations operated by both Bountiful City and PacifiCorp, from A-L (Agricultural-Low) to PF-VH (Public Facility-Very High). R. Alan Farnes, Bountiful City Light & Power, Applicant

Cory Snyder, Community Development Director, reviewed the application as written in the staff report dated August 26, 2009. According to the General Plan this use is not suitable for the area but given the historic nature of the site and its unique relationship to the area the requested rezone is appropriate for this use. Generally, a buffer zone is required between a low-intensity and a high-intensity use, but in this area where another use is not likely to occur the requested rezone may be acceptable. The preserve district of the General Plan is to promote the Legacy Preserve, including educational facilities and/or public trails. However, the current use (power substation) is not public friendly and will most likely never be conducive to public uses. Therefore, the proposed rezone will not change the public’s accessibility on this site. The applicants desire to expand their facility in order to better service the general populous. This will require a conditional use permit approval by the Planning Commission. This conditional use permit request will be on a future agenda. Overall, staff recommends approval of the rezone as described in the staff report.

Commissioner Rasmussen questioned if there is a barrier (i.e., fence) between the power substation and neighboring properties.

Mr. Snyder said there is a perimeter fence around the property that is old and in need of repair. There is also a fence topped with barb wire around the immediate facility. Replacement of the old perimeter fencing may be something that is discussed during the conditional use permit approval process.

Commissioner Fillmore asked about the size of the current facility and the size of the proposed expansion. She also questioned if a condition could be set requesting a buffer between the proposed expanded facility and any neighboring properties.

Mr. Snyder said the standard buffer is 30-feet, but this is not addressed during a zone map amendment (rezone). This will be discussed during the conditional use permit approval process. Lisa Romney, City Attorney, said such a condition could be set if an adverse impact were identified.

Chair Palmer opened the public hearing. There was no comment. Chair Palmer closed the public hearing.

Steve Rush, Rocky Mountain Power, said this substation was built in 1967. There is a great need to update this facility in order to better serve the residents and businesses of Centerville as well as other neighboring cities. He explained the proposed expansion will extend north to the border of the Legacy Preserve. He said there is a road on this border that will serve as a natural buffer to the neighboring property. He explained they have been in contact with the Legacy Preserve owners and they are accepting of the proposed power plant expansion.

Mark Athey, Bountiful City Public Works, said they also plan to expand to the south. There is a berm on the south property line that will be relocated further south. This berm was originally developed to keep the Great Salt Lake from flooding onto the site. It also acts as a visual barrier. He explained the proposed expansion will greatly increase the reliability of services.

Commissioner Pedersen said he does not believe a zoning or visual buffer is necessary in this area. He feels the power plant could be built up to the property line.

Commissioner Fillmore made a motion for the Planning Commission to recommend to the City Council the following amendment to the Centerville City Zoning Map:

a. Rezone Parcel 06-007-0035 (7.99 ACRES) and Parcel 06-007-0005 (12.55 ACRES), owned by either Bountiful City Light & Power or Rocky Mountain Power, from Agricultural-Low (A-L) to Public Facility-Very-High (PF-VH).

Reasons for the Action (Findings):

1. The Commission finds that the proposed zoning map amendment meets the criteria found in Section 12-21-080(e) of the Zoning Ordinance, as described in the Staff Report of August 26, 2009.
2. The Commission finds that the proposed zoning map amendment is consistent to the goals and objectives of the Centerville City General Plan, as addressed in the staff report of August 26, 2009.
3. The Commission finds that due to the high voltage infrastructure of the facility, this power substation is not an appropriate and is even an undesirable location, where supportive preserve uses ought to or even could be developed.
4. The Commission finds that because this existing facility is serving the electrical needs of a large populace, the likelihood of eventually changing the existing use would not occur, even if the A-L Zone remains in place for the property.
5. The Commission finds that the only way to reach an ideal intensity buffer separation is to rezone an area around the substation facility to a buffering type use zone.
6. The Commission finds that the Legacy Preserve will perpetually remain as it was intended, as part of a settlement agreement for the construction of the Legacy Parkway.
7. The Commission finds that to rezone an area to some type of buffer intensity would be a mapping compliance issue and not an actual implemented land use scenario.      
8. The Commission finds that power substation and the preserve have a relationship unique to each other and that the power grid system is physically integrated within and adjacent to the Legacy Preserve.
9. The Commission finds that the utility corridor and preserve function together as a boundary between the built environment and the Great Salt Lake, and have by historical default, become compatible with one another.
10. The Commission finds that the request for PF-VH does not affect the overall character of the area, or create adverse impacts that are not already present and unique for the area, and which would remain regardless of the chosen zoning district that may be applied to the properties. 

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

HISTORIC APPROPRIATENESS REVIEW – WHITAKER MUSEUM PERMANENT EXTERIOR  REPAIR – 168 NORTH MAIN STREET - Review the historic appropriateness of the Whitaker Museum permanent exterior repair in accordance with Section 12-61-090, Rehabilitation Standards. Centerville City, Applicant

Brandon Toponce, Assistant Planner, reviewed the application as written in the staff report dated August 26, 2009. The Planning Commission previously reviewed the proposed alteration to the Whitaker Museum and approved the demolition of the 1960’s addition with conditions. These conditions shall remain in effect. The applicant may choose to complete some of the repairs immediately rather than within the one-year time frame. This is acceptable. The applicant will need to remain vigilant in preserving the original structure during demolition and take care during construction to make sure the work is done appropriately. The applicant has expressed a desire to demolish the “gathering room” on the south side of the building and construct a bay window. There is also a desire to remove the current parking area and the gravel driveway. These changes are not a part of this approval and will require additional approval from the Planning Commission and guaranteed funding from the City Council. 

Commissioner Walton questioned if the City Council is accepting of the proposed demolition. He also asked if the roof replacement has fixed the problems with water leakage.

Mr. Toponce said the City Council is aware of the demolition and water leakage issues on the east will be resolved with the demolition. There are other water problems between the original structure and the gathering room, but those will have to wait until future approvals are granted.

Grace Marsden, resident, said this process has taken way too long and should be completed soon. She said the south side should be done at the same time as the east.

Commissioner Pedersen made a motion for the Planning Commission to approve the alteration to the Whitaker Museum located at 168 North Main Street, subject to the following conditions:

Conditions:

1. All conditions of approval from the June 24, 2009 Planning Commission meeting, as reviewed in the August 26, 2009 staff report.
2. The renovation shall consist of the cleaning and repairing of any brick or woodwork on the east and south portions of the building.  No harsh chemicals shall be used that may damage the original brick found under the 1960’s addition.
3. Any and all brick repairs and reconstruction shall match the style, color, texture, bonding and mortar design, as close as possible, to the 1872 addition.
4. The door on the east side of the building to be filled in shall be completed as to match the brick design, mortar and bonding style of the rest of the wall.
5. All repair work including construction, electrical and plumbing shall be conducted and overseen by a licensed contractor.
6. Demolition of the gathering room and any construction, besides stabilizing framing that may need to occur, shall be prohibited, until the City approves the funding and design of any future proposed alterations.
7. After the demolition is complete and all repairs have been made to the south and east portions of the structure, landscaping shall be planted matching the submitted landscaping plan.  This shall include grass and gravel, where the original 1960’s structure was located. 
8. No existing parking stalls, gravel paths, or gravel driveways shall be changed without approval for an amended site plan by the Planning Commission.

Reasons for Action (findings):

1. The conditions of approval from the June 24, 2009 Planning Commission meeting have been reviewed and addressed [June 24, 2009].
2. Any alterations of an historic structure must be approved by the Planning Commission [Section 12-61-050(h)].
3. The proposed demolition and repairs to the east and south walls met the standards for an alteration of an historic structure [Section 12-61-090(a-k)].
4. Upon an application for an alteration of an historic property, documentation is to take place, which may include photographs [Section 12-61-070(b)].

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

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

a. Next regularly scheduled Planning Commission meeting will be held on September 9, 2009 at 7:00 p.m.
b. Upcoming Projects, Planning Issues and Project Updates
c. Planning Commissioner Priority List Update

The meeting was adjourned at 8:05 p.m.

_____________________________________  _______9-09-09____________
 Jim Palmer, Chair                                                                      Date Approved

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Kathleen Streadbeck, Recording Secretary