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2002 Minutes & Agendas: Minutes - January 9, 2002

Wednesday, January 9, 2002, 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 7:05 p.m. by Chairman Bruce Powell.


Ken Averett
Brian Hulse
Bruce Powell, Chairman
Grant Talbot
Paula Tew
Scott Vaterlaus


Steven Bateman


Paul Allred, Community Development Director
Kem Weaver, Intern
Kathleen Streadbeck, Recording Secretary


Renee Turner (Clipper), Landen Hedin, Michael Hedin, Jim Rushforth, Mark Davidson, Jeff Gold, James Sukler

INVOCATION: Bruce Powell


Minutes from the Planning Commission Work Session held December 12, 2001 were reviewed and amended. Brian Hulse made a motion to approve the minutes as amended. The motion was seconded by Paula Tew, which passed by unanimous vote (6-0).

Minutes from the Planning Commission Meeting held December 12, 2001 were reviewed and amended. Chairman Powell made a motion to table the approval of these minutes pending the recording secretary’s review of the tape regarding the hours of operation for the conditional use permit for a proposed a light manufacturing and sales of dietary supplements facility at 623 North 1250 West. Brian Hulse seconded the motion, which passed by unanimous vote (6-0).

PUBLIC HEARING - SUBDIVISION - CONCEPTUAL - Walton Lane Townhomes is proposed as a condominium project to be located at 70 West Walton Lane – R-2 Zone. Robert Holmes, property owner and applicant.

Paul Allred, Community Development Director, reported that the City Council overturned the conditional use permit approved by the Planning Commission for this project. Part of their approval included the provision that the project could have five units. The layout of this conceptual subdivision matches the conditional use permit approved by the City Council. Mr. Allred stated that there are still two more steps before final approval. He stated the applicant has submitted all information required by the City for conceptual approval and recommended approval.

Paula Tew stated that she recently acquired a plat map as revised by the last quit claim deed by Mr. Holmes and that it shows three lots instead of the two on this proposed conceptual subdivision. Therefore, she would like to defer this decision to the City Council due to the fact that they overturned the conditional use permit. She explained that this is allowed per Centerville City Municipal Code Section 15-210-5, Subdivision Ordinance.

Chairman Powell opened the public hearing.

Jim Rushforth, 110 Walton Lane, stated he feels this project is in violation of City zoning laws. He explained that the State condominium law states that all condominiums need to conform with local zoning and under the R-2 Zone for a two-family dwelling there is a required 90-foot frontage, which these units do not have.

Brian Hulse explained to Mr. Rushforth that the area and frontage requirements pertain only to the permitted uses (i.e. two-family dwelling) in the R-2 Zone, but that a condominium is a conditional use in the R-2 Zone and, therefore, falls under another set of rules and regulations and is exempt from the area and frontage regulations within the zone.

Chairman Powell closed the public hearing.

Chairman Powell stated he is still not comfortable with the enclosed parking/storage units on the site. He stated that he had specifically omitted these units from the previously approved conditional use permit, but now wonders if this is still the case since the City Council’s decision to overturn that approval. He feels there is a potential for abuse of these units since they are not a part of the rental agreement, but rather an addition.

Robert Holmes stated the reason the garages were proposed was to allow for any recreational storage (i.e. snowmobiles, boat, etc.) and to also provide additional storage since the units do not have basements. He stated that he has no intention of renting these units to any outside parties. He also asked the Planning Commission to not defer this decision to the City Council as he would like the project to be approved as expeditiously as possible. He stated that the last quit claim deed may not be completely accurate, but that this is only conceptual approval and that the plat map will be corrected prior to any final approvals.

Referring to the issue of commercial storage and use of the enclosed parking/storage building, Mr. Allred explained that per ordinance Mr. Holmes cannot store any commercial materials in a residential zone; therefore, this can be regulated, somewhat, by the City.

Paula Tew made a motion to refer this conceptual subdivision approval to the City Council per Centerville City Municipal Code Section 15-210-5 Section (A) with the following findings:

1. Consideration of possibly restricting the use of the storage units or not allowing them.

2. Request that the lot split/plat map be decided and corrected for verification of figures and approved by the City Engineer.

3. The City Council was the body that granted the conditional use permit.

Grant Talbot seconded the motion, which passed by a 4-2 vote.

Chairman Powell and Brian Hulse voted against the motion. Mr. Hulse stated he feels the proposed concept plan is acceptable and that the lot split matter can be resolved prior to preliminary and final approvals. He stated that the City Council has approved the conditional use permit, therefore, they need to accept it and move forward.

CONDITIONAL USE PERMIT - Seasonal retail sales for Pineae Nursery located on the southeast corner of 300 South Main Street - C-1 Zone - Bruce Pitt, property owner and Jeff Gold, applicant.

Kem Weaver, Intern, stated that Pineae Nursery does a good job approaching the City and obtaining the proper permits each year for their seasonal sales yard. Pineae Nursery is requesting the same temporary conditional use permit for this year as they have in the past. Staff recommends approval of the temporary conditional use permit with the following conditions:

1. Temporary signs limited to 40 square feet on both 300 South and Main Street (obtain a sign permit).

2. Hours of operation limited to 9:00 a.m. to 7:00 p.m..

3. No vehicular access from Main Street.

4. Limit tracking of dirt/mud onto public streets and keep dust to a minimum.

5. Remove all structures (temporary greenhouses) from the site as required by the Planning Commission in the past by August 1, 2002.

6. Duration of use shall be from April 1, 2002 to August 1, 2002.

7. All loading of inventory must be done on site and not in the public right-of-way.

Brian Hulse made a motion to recommend approval of the temporary conditional use permit with the conditions listed above. Chairman Powell seconded the motion which passed by unanimous vote (6-0).


Brian Hulse nominated Bruce Powell as the Planning Commission Chair for the 2002 calendar year.

Paula Tew asked Mr. Powell how he felt about continuing as the Planning Commission Chair. Mr. Powell stated he would prefer someone else have the opportunity, but if elected, he would accept. He also stated that he will be absent from all meetings held in April and May. Paula Tew asked if the Planning Commission should also elect a Vice Chairman in the event the Chairman is absent. The Planning Commission agreed.

Paula Tew seconded Mr. Hulse’s nomination, which passed by unanimous vote (6-0).

After further discussion, Brian Hulse nominated Paula Tew as the Planning Commission Vice Chairman for the 2002 calendar year. Grant Talbot seconded this nomination, which passed by unanimous vote (6-0).


Paul Allred, Community Development Director, reported that staff is genuinely concerned that this year be one where many of the difficult land use matters are resolved and much is accomplished. Staff suggests the following work goals and asks for the Planning Commission’s thoughts.

1. The "Village"- related Code work, public input, etc.

2. Zone Map Overhaul - this will be a lengthy public hearing which is already scheduled for February 27, 2002 at 5:30p.m..

3. Zoning Ordinance Rewrite - revisions to the following outdated and vital sections, telecommunications, parking, landscaping, commercial condominiums, nonconforming uses, conditional uses, definitions, C-F Zone, etc.

4. General Plan - updating, including the following: housing, policies, west Centerville long-range plan, annexations policy per State law, affordable housing element per State law, revisions to quadrant housing and commercial policies.

5. Relationships - with Mayor, City Council and general public.

6. Other Issues - Main Street or other issues as determined by the Planning Commission

Commission members stated that they feel the top three goals (village, zone map overhaul, and zoning ordinance rewrite) coincide and are the most crucial at this time and should be dealt with immediately. Commission members also felt that the General Plan could wait except for those immediate needs.


A. Next meeting will be held on Wednesday, January 23, 2001 at 7:00 p.m.

B. Joint City Council/Planning Commission workshop on January 22, 2002 at 7:00p.m..

C. Upcoming Agenda Items - RSD Zone (village), Connie Dunn’s property, Walton Lane zoning, John Clark subdivision.

D. TND Conference January 24-26 in San Diego. If you are interested in attending, notify Paul Allred.

E. Temporary Signs - Mr. Allred stated that staff has been enforcing the temporary sign ordinance per Planning Commission request. Mr. Allred explained that staff has been getting some negative feedback and asked the Planning Commission if they still intend on supporting staff in this regard. The Planning Commission stated that they have every intention of supporting staff in these efforts and to continue enforcing the ordinance as written and intended.

F. Gregg’s Auto - Mr. Allred informed the Planning Commission of an interest in the old Gregg’s Auto facility to be used once again as a used car lot. Mr. Allred stated that this property has a conditional use permit that runs with the land, but that as staff he could request the property owner to make some voluntary changes to the property. The Planning Commission stated that they would like any new property owner to know that they have a zero tolerance for violations of the permit provisions and that they will exercise their right to pull the conditional use permit, unless every condition of that permit is followed.

The meeting was adjourned at 8:35p.m.


Bruce Powell, Chairman
Kathleen Streadbeck, Recording Secretary

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