PLANNING COMMISSION MINUTES OF MEETING
Wednesday, February 12, 2003, 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 Chairman Brian Hulse.

MEMBERS PRESENT

Ken Averett
Lee Duncan
Ann Hewlett
Brian Hulse, Chairman
Lewis Nielsen
Scott Vaterlaus

MEMBERS ABSENT

Diana Moesinger

STAFF PRESENT

Aric Jensen, Community Development Director
Kathleen Streadbeck, Recording Secretary

VISITORS

Bill Wingo, Ken Hawkes, Vern A. Woodward, Suzanne Wright, Lance Tempest, Stewart Jacobson, Tom Randall, Lenore Randall, Brian Gold (Council member), Andrea Swanson, Chuck Swanson, Rhonda Naylor, Jim Frazior, Jenalee Frazier, DeWayne Randall, MarNell Knight, Kenneth Knight, Bill Wright, Lee Fultz, Yavone Fultz, Nick Tripp, Jim Tripp, Justin Clarke, Kristy Fujikawa, Robyn Mecham, Fred Randall, Debbie Randall (Council member), Jeff Parrish , Robynn Parrish, Les Goforth, Pete Peterson , Kristine Gill, David Gill (Council member), Vanessa Love, Bob Chamberlain, Mike Chamberlain, William N. Abbot, Scott Grieve, Kelly Dixon, Brent Garlick, Blake Barres, Nathan Morris, Mark Anderson, Coy Hogan, Ralph Cutler, Margy Richter, Danielle Burgoyne, Dorothy B. Call, Bruce Smith, Phillip Hudman, Katie Hudman, Becky Clay, Blair Parrish, Gary O’BRIEN, Lois O’BRIEN, Mark Millburn, Joel Anderson, Debbie Randall, Tom Phipps, Jeff Argyle, JP Damron, Jean Moore

INVOCATION Ann Hewlett

COMMISSION BUSINESS

Minutes from the Planning Commission meeting held January 22, 2003 were reviewed and amended. Lee Duncan made a motion to approve the minutes as amended. The motion was seconded by Lewis Nielsen and passed by unanimous vote (6-0).

Minutes from the joint City Council/Planning Commission meeting held January 28, 2003 were reviewed. Chairman Hulse made a motion to approve the minutes as written. The motion was seconded by Scott Vaterlaus and passed by unanimous vote (6-0).

Minutes from the Planning Commission Special Meeting held January 28, 2003 were reviewed and amended. Scott Vaterlaus made a motion to approve the minutes as amended. The motion was seconded by Lee Duncan and passed by unanimous vote (6-0).

PUBLIC HEARING - GENERAL PLAN AMENDMENT - Proposed changes to Section 12-480-2(1)(a) of the Centerville City General Plan to expand the Old Town Site to include the Centerville Elementary area, which is bounded by Parrish Lane, 400 East, 100 North, and Main Street and discuss a Zone Map amendment to this area from R-2 to R-1-10 or R-1-85.

Aric Jensen, Community Development Director, explained that there are two separate items to be discussed. A General Plan change, expanding the Old Town Site and a zoning map amendment. The rezone will come after the General Plan is changed. The area that could potentially be rezoned may or may not be the same area that is addressed in the General Plan. Staff recommends a citizen committee be formed to discuss and review the General Plan amendment issue. Staff also suggested this committee be given a specific date to return with their suggestions for the Planning Commission to take action.

Chairman Hulse opened the public hearing.

Nathan Morris, 187 North 300 East, asked the Planning Commission to stop all consideration of development proposals in this area until these issues are resolved. He said the neighborhood fears a conditional use permit could be granted to a developer and this would be a clear violation of their ability and right to present this General Plan amendment and rezone petition. Chairman Hulse said the Planning Commission does not have the ability to make that decision. Aric Jensen said this petition has come before any other petition for development, or otherwise, and will be dealt with first. Mr. Jensen said if the neighborhood is concerned about possible development proposals then they need to petition the City Council for a moratorium.

Ken Hawkes, 222 North 200 East, said he was the original petitioner and explained that the original proposal included only those lots that could conform to the proposed rezone. He said the General Plan states the Old Town Site should have deep interior lots, which is attractive to developers. He said the goal is to preserve the neighborhood and to limit future development.

James Frazier on behalf of Jenalee Frazier (Daughter of DeWayne Randall, 285 North 100 East), said DeWayne Randall has no objections to expanding the Old Town Site, but the entire Randall family is opposed to rezoning Mr. Randall’s property from R-2 to R-1. He said in a letter dated June 1994 Mr. Randall complained that the fence between his property and the City’s property was torn down during the construction of the pump house. He said trespassing and vandalism to their property was excessive and requested a new privacy fence be installed, as of today this has never been completed. He also discussed in that letter the City’s desire to purchase his property in order to link the City Hall site and Founder’s Park. He said this has also never come to pass and asked the City if it was their intention to stall on the purchase of the property so they would not have to install a new privacy fence. He also asked the City if they are down zoning from R-2 to R-1 so they can pay less when they decide to purchase this property. He said the entire family feels is it unethical to down zone the property. He said the family only wants what is rightfully theirs, which is fair market value for an R-2 Zone.

Justin Clarke, 398 East 300 North, who is the owner of a duplex in the area, said he likes the idea of a citizens committee regarding this issue.

Robyn Mecham, 202 North 100 East, said 99% of property owners in the original petition want to be rezoned. She said she doesn’t understand why the petition is now being expanded to include more individuals who don’t want to be rezoned. She asked if the City was doing this to ensure the rezone does not take place. She feels the rezone should only include those on the original petition. She feels too many of the property owners in the expanded area will be negatively impacted by a rezone. Chairman Hulse said he feels the reasoning for the expansion of the rezone is to protect the historical nature of the entire area.

DeWayne Randall 285 North 100 East, said the block from Main Street to 100 East is already well impacted and should be left alone.

Kristy Fujikawa, 81 North 200 East, said most of the lots left in this area are considered flag lots. She said to her knowledge flag lots are not allowed and she would like to see these backyards protected. She said she is also concerned with traffic in this area and feels down zoning would help keep traffic at a minimum.

Vern Woodward, 375 North 100 East, said he would like the zone left as it is.

Chairman Hulse closed the public hearing.

Chairman Hulse said he feels a citizens committee would help the Planning Commission understand which properties would benefit from this petition. He said he would like the committee to discuss these issues and return with recommendations to the Planning Commission no later than the end of March. He said he would like to see a good cross section of the community to serve on this committee. Chairman Hulse also suggested continuing the zoning map amendment.

Ken Averett said he feels there needs to be more research and agreed a citizens’ committee is a good approach. He feels March is a little aggressive and feels the committee should have ample time to collect and sort through data. He suggested giving the committee until the end of April.

Lee Duncan agreed the committee should be given until the end of April. He feels the committee needs to address not only the expansion and rezone of the Old Town Site, but also possible scenarios for development of these larger lots.

Scott Vaterlaus made a motion to direct staff to form a citizens’ committee composed of residents/property owners from this area along with one Planning Commission member and one City Council member to discuss and review the General Plan amendment issues and to propose recommendations to the Planning Commission by the end of April. Furthermore, the zoning map amendment will be continued until the General Plan amendment decision is rendered. Lee Duncan seconded the motion, which passed by unanimous vote (6-0).

DISCUSSION - GENERAL PLAN AMENDMENT - Proposed changes to Section 12-480-5, Neighborhood 4, Northwest Centerville of the City’s General Plan.

Aric Jensen, Community Development Director reviewed the first draft of the proposed changes to the General Plan for the Northwest quadrant. He said this is a new format and explained each section in detail for the Planning Commission and the audience. He reviewed issues, goals, and policies, including: density, traffic, commercial development, transitions, buffers, etc.

Chairman Hulse re-opened the public hearing.

Brian Gold, President, Pineae Greenhouses, said he feels this first proposed draft is good. He feels transitioning as you get further from services is appropriate. He did suggest the far north end of the city remain large-lot residential.

JP Damron, 594 West 925 North, suggested more traffic control on 400 West. He feels this street is dangerous and needs more traffic enforcement as well as additional sidewalks throughout this quadrant. He said the location for multiple-dwelling units needs to be carefully considered as there are already too many traffic issues.

Katie Hudman, 886 North Mountain View Drive, said she is in favor of controlled and considered growth. She supports the idea of compatible uses next to each other. She is opposed to high density, multi-family uses next to a single-family residential use. She is also concerned with school concentration, traffic, safety, and property values.

Bill Wingo, 262 West 1950 North, feels there is already a good concentration of higher density uses in this quadrant and is opposed to any more. He said according to the General Plan all new residential development in the Northwest quadrant should be single-family. He said the General Plan is supposed to be the foundation and is too easily changed to suit the latest proposals. He questioned at what point citizens can rely on the assurances set forth in the General Plan.

Mark Millburn, 319 West 1950 North, agreed with Mr. Wingo in that development proposals should follow the General Plan and the assurances set forth in that plan instead of development dictating the latest change to the plan. He said the General Plan is intended to protect and direct development, not the other way around. He, too, feels low density single-family development should be maintained as set forth in the current General Plan. He did commend staff for the proposed first draft and feels it has a lot of potential. He also asked that any future draft be posted on the website, or be made available otherwise, prior to any public hearings for public review.

Ralph Cutler, 2177 North Main Street, said he is not in favor of anymore development in the Northwest quadrant. He doesn’t believe the infrastructure can support any significant development. He, too, is concerned with traffic.

Chairman Hulse agreed the General Plan should maintain certain expectations, but said the current General Plan for the Northwest quadrant is inconsistent and needs to be reviewed.

Ken Averett said he, too, is concerned with increased density with respect to traffic and infrastructure. He said there has been some spot zoning in this quadrant that has contributed to the inconsistencies in the General Plan. He said he doesn’t believe the property next to Colonial Lumber is best suited for single-family residential or best suited for 18 units an acre, or even 12 units an acre. He feels a low-impact commercial use may be appropriate for this site. He doesn’t want to put any extra burden on schools, churches, streets, or water. Mr. Averett also made some specific comments (i.e., goal to preserve 400 West, line between very high and high intensity, distance for medium intensity uses from Parrish Lane, and potential densities) with respect to the proposed first draft changes to the General Plan for the Northwest quadrant which he submitted to staff for their consideration.

Lee Duncan asked if there could be some specific language in the General Plan to maintain larger lot properties in the far north of the quadrant. The Commission agreed this first draft is a good start and they like the new format.

Chairman Hulse made a motion to continue the public hearing and this item to the next regularly scheduled meeting on February 26, 2003. The Planning Commission directed staff to incorporate those changes that have been discussed and submitted prior to the next meeting and made available to the public for review. Lee Duncan seconded the motion, which passed by unanimous vote (6-0).

PUBLIC HEARING - ZONE MAP AMENDMENT (REZONE) - Proposed changes to the Centerville City Zoning Map for property located at approximately 1100 North and Frontage Road from A-1 to R-2 (medium density multi-family). Mark Anderson, applicant.

Aric Jensen, Community Development Director, reported the petitioner is requesting the property be rezoned from A-1 to R-2 in anticipation of developing an additional phase of Chase Lane Village. He said the Chase Lane Village Homeowners Association voted unanimously in support of the petitioner’s proposal to build an additional phase of Chase Lane Village. The project would be part of the Chase Lane Village Homeowners Association and would be subject to the same CC & R’s. This project would be connected by existing stub streets from within and would not require any additional access onto the Frontage Road. At this time, the General Plan restricts development to single-family development only, and the petitioner is proposing twin homes. Mr. Jensen said after consulting with the City’s legal staff, at this point, this item cannot be considered. He said the Planning Commission can take public comment, but cannot make a motion to approve at this time.

Mark Anderson, petitioner, said they are proposing to develop this three-acre parcel in the same manor as Chase Lane Village. He said this development will have a low impact on schools and traffic.

Joel Anderson, developer, said they are proposing two cul-de-sacs as originally planned with the previous phases of Chase Lane Village. He, too, said this development would have a low impact on traffic and schools. He said Chase Lane Village will be the most affected by this development and is desirous of this proposal. He explained this development will become a part of the Chase Lane Village Homeowners Association and will be maintained by the Association.

Chairman Hulse opened the public hearing.

Lee Fultz, 648 West 1175 North, said he is a member of the Homeowners Association for the Chase Lane Village. He said there are some concerns with drainage. He hopes this development will help to improve and maintain good drainage. He said there is concern with how the construction vehicles will be routed through the development. He hopes there will be minimal disruption to the present Chase Lane Village. He said he is also concerned with the credibility and integrity of the developer. He asked the Planning Commission if they have investigated this developer. He said this is an attractive proposal and feels it will enhance the community.

Chairman Hulse said the Planning Commission does not choose the developer but that there are processes in place such as bonding to ensure public improvements are completed. He explained that any developer is required to meet certain engineering requirements as well as other processes as set forth by the City.

Phillip Hudman, 886 North Mountain View Drive, said he had a bad previous experience with Mr. Anderson and he is opposed to the project.

Jean Moore, 1168 North 575 West, asked about the property just south of Mr. Anderson’s property on the corner of 1000 North and the Frontage Road. She said there has been some discussion about these two developers working together to extend Chase Lane Village further south, onto this site. She said this would be a very desirable expansion.

Aric Jensen said he spoke with Gary Scott, the president of the Homeowners Association for Chase Lane Village, and asked if he would be amenable to continuing Chase Lane Village into that property if the HHSF Zone didn’t work out. He explained this was just a suggestion and there is no formal proposal at this time.

Scott Grieve, 500 West Chase Lane, said he is opposed to any high-density development, but likes the idea of extending Chase Lane Village further south into the HHSF Zone.

JP Damron, 594 West 925 North, commended Mr. Jensen for this suggestion. He said he would be in favor of expanding the Chase Lane Village to the HHSF Zone. He feels this suggestion would not diminish any property values. He said he is concerned with the drainage of Mr. Anderson’s site and hopes it is dealt with carefully. He feels this project will work in this area and will be a benefit to the community, if well kept.

Chairman Hulse closed the public hearing.

Chairman Hulse made a motion to continue this zone map amendment until the General Plan language for the Northwest quadrant is completed. Ken Averett seconded the motion, which passed by unanimous vote (6-0).

PUBLIC HEARING – AMENDED CONDITIONAL USE PERMIT – Centerville Commons PUD located at Pages Lane and Main Street is proposing to change the fence that runs along Main Street and Pages Lane. Clark Jenkins, property owner and applicant.

Aric Jensen, Community Development Director, reported the petitioner is requesting an amendment to the conditional use application to allow solid fencing along designated sections of Pages Lane and Main Street. The petitioner is proposing a very high-quality, pre-cast wall with stone impression for approximately 50% of the fence’s length. The wall would be non-continuous, with periodic sections of open fence. The petitioner’s request shields the key areas of the homes from public intrusion, but doesn’t extend unnecessarily into other areas of the project. Staff has suggested two additional areas where solid fence would be appropriate, on the north and west corners of the project, where the rear yards of the two units facing onto connector streets are exposed to Main Street and Pages Lane.

Chairman Hulse opened the public hearing. Seeing there was no comment, he closed the public hearing.

Clark Jenkins, developer, presented the Commission with the originally proposed fencing and the new proposed fencing. Mr. Clark responded to minor questions from the Commission. The Commission preferred the new proposal.

Scott Vaterlaus made a motion to approve the conditional use permit amendment as presented allowing the fence to be solid as shown on the drawings and including the areas as suggested by staff if the developer so desires, and with the following findings:

Ann Hewlett seconded the motion, which passed by unanimous vote (5-0). Lee Duncan abstained as he owns property in this development.

FORD CANYON ESTATES PHASE 3 SUBDIVISION - FINAL PLAT - Ford Canyon Estates Phase 3, eight (8) lots, located at approximately 1500 North 100 East in the R-10 Zone. Ford Properties, property owner and applicant.

Aric Jensen, Community Development Director, reported that staff has reviewed the plat and it meets all of the criteria for final approval with the exception of some minor engineering details.

Ann Hewlett made a motion to recommend approval of the proposed Ford Canyon Estates Phase 3 Subdivision final plat with the condition that any outstanding engineering issues be resolved prior to approval by the City Council, and any other conditions as necessary. Chairman Hulse seconded the motion, which passed by unanimous vote (6-0).

Stan Smoot, developer, commended the Planning Commission for their work. He said they are truly encouraging good growth.

BAMBERGER STATION PUD - FINAL PLAT - Bamberger Station, located at approximately 200 South Main Street in the R-2 Zone. Sherlene Clark, applicant.

Aric Jensen, Community Development Director, reported that all issues have been addressed. Staff recommends approval of the proposed project with the following conditions:

Chairman Hulse said he understands the main access to this development will be right in right out with a raised median. He said he believes if the City expresses a desire to eliminate the raised median then UDOT might consider this. Mr. Jensen said this is most likely not a consideration. Scott Vaterlaus said the raised median will make it that much safer and UDOT will most likely want to keep it in place.

Lewis Nielsen made a motion to recommend approval of the Bamberger Station PUD final plat to the City Council with the following conditions:

Lee Duncan seconded the motion, which passed by unanimous vote (6-0).

SPECIAL USE - HOME OCCUPATION LICENSE - Christine Cosper has applied for a Home Occupation Business License to hold singing lessons in her home that would involve five (5) students and their parents.

Aric Jensen, Community Development Director, reported the applicant is proposing a home occupation for voice/music instructions. The proposal follows a national program in which parents and children are taught jointly in a group setting with other parents and children. Each class would last 45 minutes and three classes would be taught weekly. Each class could potentially have seven students. This exceeds the maximum currently allowed under the Home Occupation Ordinance; therefore, the applicant is requesting a "minor variance" which the Commission is authorized to make if they feel it doesn’t negatively impact the health, safety, and welfare of the community.

The Home Occupation Ordinance specifically states that no off-street parking is permitted. The applicant’s site plan shows sufficient parking for seven vehicles, but that doesn’t include spaces for the resident. Staff recommends that at least one space, if not two, be reserved for the resident’s vehicles. This would reduce the number of parking spaces to five or six, which would also reduce the number of students accordingly.

Another concern that staff has is whether or not the Building Code/Fire Code would allow that many individuals at one time. If the Commission decided to approve this variation, staff would have to require an approval from the Fire Marshall and the Building Inspector as standard procedure. Staff recommends a six-month observation period, at the end of which a final decision would be made.

Christine Cosper, applicant, explained she is teaching Kinder Music, which is an international program for children ages newborn to three years, this is why the parent is required to attend lessons. She said she plans to pour a cement pad that would easily accommodate six vehicles. She explained she would be teaching only one 45-minute class three times a week during the day, which she feels is less impact then teaching all day long. She said she has contacted the Fire Marshall who said there would be no problem with this use. Mrs. Cosper feels Kinder Music will be an asset and a benefit to the community.

Chairman Hulse asked the applicant how it might affect her teaching if the Commission approved this on a six (6) month probationary period, and for whatever reason the use was disallowed at the end of that period. Mrs. Cosper said she will be teaching a 15 week semester and asked that she would be able to finish any semester she was currently running. She also said she would not be teaching during the summer session.

Ken Averett said he is concerned with the parking configuration. He said unless the applicant requires her students to park as shown on the site plan, they will park on the street. Mrs. Cosper said she will require her students to park as shown.

Chairman Hulse made a motion to approve this Home Occupation License with a minor variation for seven (7) students and their parents with the following conditions:

And with the following finding:

Lewis Nielsen seconded the motion, which passed by unanimous vote (6-0).

CODE AMENDMENT - PLANNING & ZONING ORDINANCES - Section 12-310-3(4)(b), Approval Time Limitation completed within 45 days of the date of submittal.

Aric Jensen, Community Development Director, reported the City Council is requesting a change to the Zoning Ordinance, which currently requires approval for zoning applications within 45 days. The Deputy City Attorney has prepared a new ordinance repealing the 45 day limitation. It states that while it is important to review the applications in a timely manner, it is not advised to have a default approval, if the application is not reviewed in the required time frame.

Chairman Hulse made a motion to recommended approval of this ordinance repealing Subsection 12-310-3(4)(B) of the Centerville City Zoning Ordinance relating to approval time limitations for zoning applications. Ann Hewlett seconded the motion, which passed by unanimous vote (6-0).

CODE AMENDMENT - PLANNING & ZONING ORDINANCES - Section 12-320-5(7)(d), Density Analysis, 18.0 dwelling units/acre under conditional use permit.

Aric Jensen, Community Development Director, reported the City Council has requested a zone text amendment for 12-320-5 repealing Subsection (7)(D), which currently permits densities up to 18 units per acre if certain criteria relating to the Moderate Income Housing Plan are met. Legal staff asked us to consider the effect this ordinance would have on the City’s ability to provide housing for low to moderate income persons. At this time staff is not comfortable with reducing the maximum allowable density in the R-3 Zone unless changes are also made to the PUD Ordinance allowing for increased density in exchange for enhanced open space/site design.

Chairman Hulse said he is concerned this amendment may be premature until another avenue can be secured to ensure the Moderate Income Housing plan is being followed. Since staff has expressed reservations, he feels it makes sense to continue this amendment to the next meeting to give the Commission more time to review the issues.

Lee Duncan asked what kind of effect this amendment would have on current R-3 applications. Chairman Hulse said when the prior R-3 Zone applications were tabled it was never the Planning Commission’s intent to have a situation where this ordinance would be repealed in order to deny these rezones, but that is what could ultimately happen. He said it makes sense to table this item until staff can make some recommendations as to how the PUD Ordinance might be modified to continue to encourage Moderate Income Housing.

Chairman Hulse made a motion to continue this item until a future meeting to allow staff time to suggest changes to the PUD Ordinance and/or other areas within the ordinance or General Plan to allow for the Moderate Income Housing plan to be carried out. The Planning Commission feels approval of this Code amendment would leave a gap where this could not be accomplished. Ken Averett seconded the motion, which passed by unanimous vote (6-0).

CODE AMENDMENT - PLANNING & ZONING ORDINANCES - Add Section 12-340-7, Minimum Building Separation and Lot Coverage .

Aric Jensen, Community Development Director, reported staff is proposing an addition to Section 12-340-7, Miscellaneous Regulations, which would require at least six (6) feet of horizontal separation between structures, regardless of where they are placed. It states that all structures, regardless of size, must be located on legally buildable lots. All structures have to be behind the minimum front yard setback and at least ten (10) feet from a primary structure on an adjacent property. All structures have to be at least three (3) feet from the property line when developing next to an undeveloped property. It also states that any secondary structure has to be subservient to the main structure.

Mr. Jensen responded to various concerns from the Commission. The Planning Commission agreed there were enough issues and concerns to warrant further review prior to approval.

Ken Averett made a motion to table this Code amendment to Section 12-340-7 until the next regularly scheduled Planning Commission meeting. Chairman Hulse seconded the motion, which passed by unanimous vote (6-0).

CODE AMENDMENT - PLANNING & ZONING ORDINANCES - Section 12-340-7, proposing changes to the Home Occupation Zone Text Amendment.

Chairman Hulse made a motion to table this Code amendment to Section 12-340-7 until the next regularly scheduled Planning Commission meeting. Lewis Nielsen seconded the motion, which passed by unanimous vote (6-0).

DIRECTORS REPORT

1. Next regularly scheduled Planning Commission Meeting - Wednesday, February 26, 2003.

2. Zoning Code Meeting - Wednesday, February 19, 2003 at 5:30 p.m.

3. Mr. Jensen distributed the new site plan for the Park Hills Booster Station with the station on the north end of the lot as opposed to the south. The Commission asked staff to research the idea of burying the pump station, if this is not feasible, the Commission is agreeable to this new site plan.

The meeting was adjourned at 10:36 p.m.

Brian Hulse, Chairman
Kathleen Streadbeck, Recording Secretary