PLANNING COMMISSION MINUTES OF MEETING
Wednesday, January 13, 2010
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
Steve Markham
Jim Pedersen, Chair
Dianna Rasmussen
John Walton

MEMBERS ABSENT
Scott Kjar

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

OPENING COMMENT/LEGISLATIVE PRAYER Commissioner Rasmussen

MINUTES REVIEW AND APPROVAL

The minutes of the Planning Commission meeting held December 9, 2009 were reviewed and amended. Commissioner Pedersen made a motion to approve the minutes as amended. The motion was seconded by Commissioner Markham and passed by unanimous vote (5-0).

COMMISSION BUSINESS

Commissioner Markham nominated Commissioner Pedersen to serve as the Planning Commission Chair for 2010. The nomination was seconded by Commissioner Rasmussen.

Commissioner Walton nominated Commissioner Fillmore to serve as the Planning Commissioner Chair for 2010. The nomination was seconded by Commissioner Fillmore.

A vote was taken on the nominees. There were three votes for Commissioner Pedersen and two votes for Commissioner Fillmore. Commissioner Pedersen will be the new Planning Commission Chair for 2010.  

Commissioner Rasmussen nominated Commissioner Fillmore to serve as the Planning Commissioner Vice-Chair for 2010. The nomination was seconded by Commissioner Walton and passed with a unanimous vote (5-0).

PUBLIC HEARING – CONDITIONAL USE PERMIT (AMENDMENT) AND FINAL SITE PLAN – MCDONALD’S RESTAURANT – 529 NORTH 800 WEST - Consideration of an amendment to the conditional use permit for the McDonald’s Restaurant, located at 529 North 800 West (Frontage Road), for fast-food restaurant use in the C-VH Zone. (Final site plan application will also be reviewed at this meeting).    E. Farley Eskelson, Dominion Engineering, Applicant

Brandon Toponce, Assistant Planner, reviewed the proposed applications for a final site plan and an amended conditional use permit for McDonald’s as written in the staff report dated January 13, 2010. The applicant desires to build a new facility just north of the current McDonald’s location. The existing McDonald’s will stay open during construction until the last 30 days. The applicant has complied with the conditions set during the conceptual site plan approval process. As stated in the staff report, there are still a few items that will need to be worked out with staff during the construction process including, some signage, striping, and circulation issues. With regard to the amended conditional use permit, staff recommends approval, as McDonald’s has been in business since the 1980s and the use will not change. The use is consistent with surrounding uses and the proposed building and site will reflect similar styles of surrounding properties. The use should not create any negative impacts on surrounding uses. There is also sufficient fire protection and utilities to this site. Staff reminded the Commissioners that this site is not within the Parrish Lane Gateway area and the Gateway Design Guidelines do not apply to this application. However, the applicant has still incorporated many of the design elements into their plan.

Commissioner Fillmore asked if the lighting (street, parking, and pedestrian) will be similar to the lighting within this area of the Parrish Lane Gateway. Mr. Toponce said the lighting will meet City standards and will be similar to surrounding uses.

Chair Pedersen asked who is requesting the no parking signs be posted on the street. Mr. Toponce said the applicant will be eliminating the current RV/semi parking with the new building. There is insufficient shoulder on the Frontage Road at this location for any on-street parking. The City Engineer and the Traffic Engineer feel it would be safer if no parking signs were posted. There is also a bend in the road at this location that causes additional safety concerns. The Public Works Director and the Police Chief will have to approve any street signage.

Farley Eskelson, applicant, said the three parking stalls (north end of site between landscape islands) cannot be eliminated and replaced with landscaping as requested by staff. These stalls are needed for delivery truck circulation and turn radius. He said the north face of the building looks plain in the drawing, but this will be broken up with a menu board, landscaping, and a water feature. He also said they are agreeable to the striping and signage requests and will work with City staff with regard to these issues.

Cory Snyder, Community Development Director, said the three stalls are in conflict with City ordinance. These stalls would back into the north ingress/egress. The applicant may use the landscaped islands to create a drive length for delivery trucks, but the striped parking stalls are not acceptable.
Mr. Eskelsen agreed to remove the striping for these three parking stalls, but asked that no landscaping be required. He will work with staff on a suitable plan for delivery truck circulation.

Chair Pedersen opened the public hearing.
Sherri Lindstrom, 224 West Porter Lane, said she is disappointed to see the RV/semi parking eliminated. She knows several truckers that use this site often. She said she is concerned with the connectivity of this site with surrounding uses. She feels there needs to be some walkability/pathway to the businesses east of this site. There is a 30-foot trail system planned for the theater (east) and pond area (northeast) and she would like to see some connection to that trail system from McDonald’s. She wants to make sure the applicants have been given all information pertaining to the plans for the entire area, so they can incorporate similar ideas into their plan.

Chair Pedersen closed the public hearing.  

Mr. Snyder said there is one crossing planned at the north point of the island property (southeast of McDonald’s). This crossing will line up with the proposed In-N-Out Burger which is immediately south of the proposed McDonald’s. Patrons using McDonald’s can follow the sidewalk south to this crossing and then access the businesses and trail system to the east. For safety reasons the City Engineer and Traffic Engineer do not recommend any other crossings in this area. The McDonald’s is at the end of the business district and is on the bend of the Frontage Road. It would not be safe to have patrons crossing at this point. 

Commissioner Fillmore made a motion for the Planning Commission to approve the final site plan for McDonald’s Restaurant, located at 529 North 800 West, with the following conditions:

Conditions:

1. All professional services fees shall be paid and all necessary bonding shall be posted.
2. The applicant shall work with the City in regard to the re-striping of 700 West in regard to a 14-foot left hand turn lane, two 12-foot travel lanes and two 10-foot shoulders.
3. If required by the Police Department or Public Works Department, no parking signs shall be located on the west side of 800 West in front of the McDonald’s property.
4. The southern most driveway shall line up with the driveway for the Davis Cultural Arts Center on the east side of 800 West. 
5. The applicant shall maintain a clear view of the street from all driveways, meeting the criteria of Section 12-55-230(a) of the Zoning Ordinance.
6. The three parking stalls located in the northern portion of the parking lot, just west of the north entrance, shall be removed to make way for a 25-foot drive-isle and delivery truck access. The two existing landscape islands will remain. Final design to be approved by staff. 
7. All one-way drive-isles shall be clearly marked on the ground and with pole directional signs.
8. The actual location design and connection of street lights, or pedestrian lighting shall be reviewed and approved by the Public Works Director.
9. The applicant shall work with the City Engineer in regard to drainage, easement, colored-concrete pedestrian pathway specifications and any or all other engineering concerns that may need to be addressed.
10. The City Engineer has encouraged the use of secondary water and should be addressed by the applicant.
11. A sign permit shall be submitted to City staff for review and approval.
12. A demolition permit and building permit shall be obtained from the City before construction or demolition may begin.
13. Detail regarding the water feature and outdoor seating area should be submitted for informational purposes only.

Reasons for Action:

1. The applicant has met the development standards for development within the Commercial-Very High Zone [Chapter 12-34].
2. The site meets all the criteria pertaining to on site parking and landscaping [Chapter 12-51, Chapter 12-52].
3. The final site plan has been found to be complete and meeting standards for approval [Section 12-21-110(e), Section 12-21-110(f)(1-4)].
4. The conditions of approval for the conceptual site plan application have been satisfied [September 9, 2009 Planning Commission Meeting] clearly shown how the property may be developed [Section 12-21-110(d)(2)].
5. The applicant has submitted a full application [Section 12-21-110(d)(1)].
6. More landscaping and screening detail will need to be indicated [Section 12-51-040(b), Section 12-51-070].
7. Lighting detail will need to be shown [Section 12-63-070, Section 12-21-110(e)(v)(c)].
8. With the above conditions addressed, the proposal will meet the requirements found in the Zoning Ordinance, in regard to development standards in the CV-H Zone [Table 12-34-1].
9. A final site plan application and a conditional use permit shall be required for submittal [Section 12-21-110(e), Section 12-21-100].

The motion was seconded by Commissioner Rasmussen and passed by unanimous vote (5-0).

Commissioner Rasmussen made a motion for the Planning Commission to approve the amended conditional use permit for McDonald’s Restaurant, located at 529 North 800 West, with the following conditions:
 
Conditions:

1. The amended conditional use permit shall be for the McDonald’s Restaurant, located at 529 North 800 West, for the use of a fast-food restaurant with a drive-through. 
2. All the above 13 conditions of approval for the final site plan shall apply to the conditional use permit. 

Reasons for Action:

1. The applicant has satisfied all applicable evidence and factors for a conditional use permit [Section 12-21-100(e)(3)(A-D), Section 12-21-100(e)(5)(A-K)].
2. The use is found to be in harmony with the General Plan [Section 12-430-1].
3. McDonald’s was constructed in 1985 as a drive-through fast-food restaurant and has remained the same use ever since.
4. No enforcement complaints since 1985 have been found for McDonald’s.
5. McDonald’s has proven to be economically viable in this location since it has been established for 25 years.
6. The new building will still be suitable for this location, since they have increased the aesthetic appeal of the site by adding landscaping, inclusion of outdoor seating, adding pedestrian lighting, improving the architectural features; including a water feature, and other designs that are in harmony with the Parrish Lane Gateway.
7. With McDonald’s staying open until the last thirty days of construction, the impact in providing service to the community and continual work for their employees; will be minimal.

The motion was seconded by Commissioner Markham and passed by unanimous vote (5-0).

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

a. Next regularly scheduled Planning Commission meeting will be held on January 27, 2010. (Note: This will be a training meeting only as there were no applications ready for this date.)
b. Commissioner Fillmore accepted to serve as the Planning Commissioner representative on the Foothill Committee.
 

The meeting was adjourned at 8:11 p.m.