PLANNING COMMISSION MINUTES OF MEETING
Wednesday, October 28, 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
Scott Kjar
Jim Palmer, Chair
Jim Pedersen, arrived at approximately 7:10 p.m.
Dianna Rasmussen
John Walton

MEMBERS ABSENT
Steven Markham

STAFF PRESENT
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary 

VISITORS
Ben York
Teresa Call
Roy Murray

OPENING COMMENT/LEGISLATIVE PRAYER Commissioner Kjar

MINUTES REVIEW AND APPROVAL

The minutes of the Planning Commission meeting held October 14, 2009 were reviewed. Chair Palmer made a motion to approve the minutes as written. The motion was seconded by Commissioner Walton and passed by unanimous vote (5-0).

PUBLIC HEARING – CONDITIONAL USE PERMIT – YORK AUTOMOTIVE – 875 SOUTH FRONTAGE ROAD - Consideration of a conditional use permit for York Automotive to sell motor vehicles at their new location, 875 South Frontage Road, in the C-VH Zone.  Jacob York, York Automotive, Applicant.
 
Commissioner Kjar disclosed that he is a friend of the York’s and is also an owner of a car dealership in the city, but feels he can be objective and fair in this matter.

Brandon Toponce, Assistant Planner, reviewed the application as written in the staff report dated October 28, 2009. The applicant currently runs a car detailing business on the site and is requesting an expansion of the use to include auto sales. The property is currently zoned Commercial-Very High and the proposed use is permitted with a conditional use permit approval. The proposed use is also consistent with the General Plan for the area. The applicant proposes to display eight (8) cars at a time for sale. The use appears to be in harmony with surrounding businesses and should have minimal impact on the area. The application appears to meet all applicable ordinances including: landscaping, access, circulation, lighting, fire protection, etc. The Public Works Director requested the applicant contact the South Davis Sewer District to discuss drainage, and it is required that all car wash water must flow into the sewer instead of into the storm drains. This may require the installation of a sedimentation basin. The City Engineer requested the applicant clearly mark all parking stalls appropriately and be sure that all drive-isle widths meet City standards. There is adequate parking for both the business and the display of the proposed eight (8) cars. The applicant proposes to operate Monday thru Saturday from 9:00 a.m. to 6:00 p.m. and will have two (2) employees. The applicant will need to apply for a business license and submit an Automobile Dealer License from the State of Utah to the Business License Coordinator. Overall, staff recommends approval of the proposed application for York Automotive.

Mr. Toponce distributed a new list of recommended conditions and reasons for action. He explained the new list includes the hours of operation and a statement explaining the site complies with previous approvals. He also suggested a change to condition #2, as requested by City Attorney, Lisa Romney, to clarify the portion of the site that York Automotive will be occupying.

Commissioner Rasmussen asked if the detailing portion of the business will include oil changes. She also asked if the applicant ever plans to sell more than the eight (8) cars as stated. Commissioner Pedersen asked if the applicant was okay with the hours of operation as listed. Commissioner Fillmore asked the applicant if they have contacted the Davis Sewer District yet.

Jacob York, applicant, said their detailing service is only cosmetic and will not include oil changes. He said they do not plan to display more than eight (8) cars for sale at any time. He also said it would be nice to extend the hours of operation by one hour in both the morning and evening. Mr. York said he has not contacted the Davis Sewer District yet, but plans to in the near future. If it is not possible to drain directly into the sewer then the car washing will take place elsewhere.

Chair Palmer opened the public hearing.

Teresa Call, Fox Corp, said Fox Corp manufactures wheelchair accessories in the building on the eastern portion of this site. She said they are excited to have York Automotive as their neighbor and feel it is a good fit for the area.

Commissioner Fillmore asked if condition #5 should be stated more clearly so there is no question that only eight (8) cars may be displayed at any given time. Lisa Romney, City Attorney, said it would be appropriate to add a condition for this purpose.

Commissioner Fillmore made a motion for the Planning Commission to approve the conditional use permit for York Automotive LLC, located at 875 South Frontage Road, with the following conditions:

Conditions:

1. All applicable fees shall be paid.
2. This conditional use permit shall only apply to the space that York Automotive, located at 875 South Frontage Road, in the 2400 square feet of the western portion of the south building.
3. The display area shall be limited to the eight parking stalls located west of the building.
4. York Automotive shall not occupy any parking stalls required for all other businesses located on site.
5. In addition to the eight parking stalls for a display area, the applicant shall be required to have ten additional stalls.  These spaces shall be clearly marked and meet all applicable City standards of 9’ x 18’ stalls and 25’ drive-isles.  These stalls shall be inspected by a member of City staff before a business license may be issued.
6. The applicant shall work with the South Davis Sewer District, the Public Works Director, to create a BMP to ensure EPA requirements for drainage of water from the washing of vehicles have been satisfied. 
7. The applicant will need to install a sedimentation basin, if one is not already installed, to capture sediments and soap deposits.
8. All deliveries and transporting of vehicles shall occur during regular business hours Monday thru Saturday 9:00 a.m. to 6:00 p.m.
9. All cars shall be driven to the site individually and no transport truck shall be used.
10. The applicant shall submit an automobile license from the state of Utah to the business license coordinator.
11. The applicant shall apply and receive a business license before the selling of automobiles is to occur.
12. A sign permit application shall be submitted to City staff for approval of any proposed signage. 
13. This conditional use permit shall be limited to eight (8) vehicles for sale, at any given time, to be displayed in the eight (8) parking stalls as designated in condition #3.

Reasons for Action (findings):

1. The applicant has submitted a full application for a conditional use permit [Section 12-21-100(d)(1)].
2. The use of vehicle and equipment rental or sales is a permitted use within the Commercial-Very High Zone with a conditional use permit [Chapter 12-36].
3. The use is consistent with the General Plan of Centerville City [Section 12-430-1].
4. With the sedimentation basin being installed and the parking stalls being striped to the City standard, all onsite impacts will be mitigated [Section 12-21-100(e)(3)(G)(5)(I)(K)].
5. The site appears to be suitable for the selling of eight used vehicles [Section 12-21-100(e)(3)(A)].
6. The current site complies with all previous approvals from 1979 and 1989.

The motion was seconded by Commissioner Rasmussen.

Commissioner Pedersen made a motion to amend to change the hours of operation to 8:00a.m.-7:00p.m. as requested by the applicant. The motion to amend was seconded by Commissioner Fillmore and passed by unanimous roll-call vote (6-0).

The motion as amended passed with a unanimous roll-call vote (6-0).

HISTORIC APPROPRIATENESS REVIEW – ADDITION/ALTERATION TO HISTORIC HOME – 1394 NORTH MAIN STREET - Review the historic appropriateness of an addition/alteration to a historic home (Joseph N & Algie Ford Home), located at 1394 North Main Street, in accordance with Section 12-61-090, Rehabilitation Standards of the Centerville City Zoning Ordinance.  Roy Murray, Applicant.

Brandon Toponce, Assistant Planner, reviewed the application as written in the staff report dated October 28, 2009. The applicant desires to remodel an upstairs bathroom, which would enlarge the rear-facing dormer of the historic home. The proposed remodel will only increase the home by sixty-four (64) square feet. The applicant intends to install new windows and siding on the dormer. The current siding on the dormer is wood shingle, but the applicant plans to install cement siding (hardi-board) instead. The cement siding mimics the current wood shingles and will be tinted to match the current exterior colors. Staff believes the cement siding is acceptable and will not alter the historic nature of the home. The roof line, pitch, and roof wooden shingles will not change. The proposed remodel is on the rear of the home and does not face any streets. The current height and setbacks of the home will not change with the remodel. The applicant has already applied for a building permit, which is currently under review. During construction workers will need to remain aware of the original home and make every effort not to damage the home. If damage occurs then repairs will need to be done in a manner that is appropriate in order to maintain the historical nature of the home. It appears the proposed application is consistent with the standards of the Secretary of the Interior for a historic structure and will not compromise the national or local historic registry status. Finally, the applicant needs to document the remodel as it happens.

Commissioner Rasmussen asked if the remodel will affect the national or local registry because of the changes that will be taking place on the interior of the home. Mr. Toponce explained there are separate registries for the interior and the exterior of historic homes. This applicant’s home is only registered for the exterior façade. 

Roy Murray, applicant, agreed with staff’s presentation, but said he would like to re-roof the entire home in conjunction with the remodel. He said the roof has met its lifetime and is in need of repair. The roof is currently finished with wood shingles and he plans to re-roof with a similar wood shingle (taper sawn). He asked if the re-roof could be done as part of the remodel project or if he needs a separate approval and/or building permit. He said the roof line and pitch will not be changed, this is a re-shingle only.  

Mr. Toponce said a surface repair (re-shingle only) is allowed without an additional building permit. He said as long as the roof line/pitch remains the same, re-shingling will not require any additional approvals from the Planning Commission. The Planning Commission may wish to mention the re-roof as part of this approval. 

Commissioner Rasmussen made a motion for the Planning Commission to approve the historic appropriateness and alterations to the Joseph N. and Algie Ford House located at 1394 North Main Street subject to the following conditions:

Conditions:

1. The approved alterations to the historic home shall be for the reconstruction of the rear east-facing dormer only.  No other alterations shall occur on any portion of the 1909 historic home.
2. The use of the home shall remain a single-family dwelling.
3. The applicant shall receive the proper permits and approvals before any construction is to begin.
4. All submitted construction drawings and construction work shall meet applicable International Building Code requirements.
5. If other minor repairs are necessary on the original home, due to unexpected circumstances during construction, all repairs shall match the design and style of the historic home.
6. The homeowner shall document in photographs, writings and samples where possible, the construction process.
7. The addition shall compliment the historic structure in color and design features. 

Reasons for Action (findings):

1. Any alterations of an historic structure must be reviewed and approved by the Planning Commission [Section 12-61-050(h)].
2. The historic home and the proposed addition meet the development standards for a single-family dwelling within the R-L Zone [Chapter 12-32].
3. The proposed addition meets the standards for alterations on historic structures [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)].
5. The proposed alteration meet the guidelines found in, the Secretary of the Interior’s Standards for Rehabilitating Historic Buildings [Building Exterior: Roofs].
6. The addition to the historic structure will not jeopardize its placement on any local or national historic listings [The Secretary of the Interior’s Standards for Rehabilitating Historic Buildings, Chapter 12-61].

The motion was seconded by Commissioner Pedersen.

Commissioner Pedersen made a motion to amend condition #1 to state the following:

1. The approved alterations to the historic home shall be for the reconstruction of the rear east-facing dormer and re-shingling of the entire roof with wood shingles similar to existing shingles on the home. No other alterations shall occur on any portion of the 1909 historic home.

All other conditions and reasons for action will remain as set forth in the previous motion.

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

The motion as amended passed with a unanimous roll-call vote (6-0).

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

a. Next regularly scheduled Planning Commission meeting will be held on November 18, 2009 at 7:00 p.m.
b. Upcoming Projects, Planning Issues and Project Updates
 * Text Changes
 * Chicken Ordinance
 * Conceptual Site Plan, mixed-use