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Planning
2002 Minutes & Agendas: Minutes - February 27, 2002



CENTERVILLE CITY PLANNING COMMISSION
MINUTES OF MEETING

Wednesday, February 27, 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 7:00 p.m., by Chairman Bruce Powell.

MEMBERS PRESENT:

Bruce Powell, Chairman
Ken Averett
Brian Hulse
Scott Vaterlaus

MEMBERS ABSENT:

Steven Bateman
Grant Talbot
Paula Tew

STAFF PRESENT:

Paul Allred, Community Development Director
Kem Weaver, Intern
Fred Campbell, City Engineer
Connie Larson, Recording Secretary

VISITORS:

Clark Jenkins, Robert Holmes, Paul Holmes, Steve Blackham, Cami Layton, Andrea Richman, Sherri Lindstrom, John Clark, Gary O’Brien, Richard Davis, Jim Higbee, Bill Wingo, Don Atkinson, Hank Perkins, Sherlene Clark, Nancy Smith (City Council), Debbie Randall (City Council)

PRAYER: Brian Hulse

OPEN HOUSE

The zoning map of Centerville City was viewed by the public prior to the Planning Commission meeting.

MINUTES REVIEW AND APPROVAL

Chairman Powell made a motion to approve the February 13, 2002 Planning Commission meeting minutes as written. Brian Hulse seconded the motion, which was passed by unanimous vote (4-0).

PUBLIC HEARING - ZONING MAP AMENDMENTS - PROPOSED CHANGES TO THE CURRENT ZONING MAP TO REFLECT RECENT REZONES AND TO CLEAN UP BOUNDARY LINES AND TO MAKE THE ZONING MAP AS ACCURATE AS POSSIBLE.

Chairman Powell explained this item was noticed to the general public through the City Newsletter at the recommendation of the City Attorney. The intent of the zoning change is to zone properties as they are actually being used, bring them into compliance and make general corrections to the map. Kem Weaver, Planning Intern, presented the staff report.

SOUTHWEST QUADRANT

Item #1 - (Boundary Line Adjustment) Maureen Huffaker Lot: Located at 134 South Main. The C-1 Zone boundary line is separating this property through the middle. The line needs to be shifted to the west to incorporate the entire property into the C-1 Zone.

Recommendation: Staff recommends approval of boundary line adjustment.

Item #2 - (Rezone) Wayne Carlson Lot: Located at the corner of Walton Lane and 160 West. There is a small piece of A-1 land between Ann McGee’s easement and the R-3 Zone, the area of this piece is approximately 7,000 to 8,000 square feet. John Clark and Wayne Carlson negotiated on John buying this from Wayne and rezoning it to R-2 so that it could be implemented as part of John Clark’s PUD.

Staff has included this with the zone map amendment to save time in the near future of having to rezone the small piece of land, which lies currently vacant.

Recommendation: Staff recommends the rezone of the property from R-1-85 to R-2 contingent upon John Clark buying the piece from Wayne Carlson and to include with his PUD project.

Item #3 - (Rezone) Mark Ban Lot: Located at 244 W. 400 So. The property is currently zoned A-1. The property has the frontage of 78 feet and has .24 acres of area. The property has no A-1 uses and it is a nonconforming lot. To the south is R-1-85 zoning and the Village Master Plan calls for single-family zoning when developed.

Recommendation: Staff recommends that the property be rezoned from A-1 to R-1-85 with findings that both the area and frontage do not conform to the A-1 Zone.

Item #4 - (Rezone) Robert Thomson Lot: Located at 340 W. 400 S. The lot is currently zoned A-1. The property owner has enough area for A-1 zoning but does not meet it on frontage, which is 92 feet. The property currently has no A-1 uses on it and in speaking with the property owner, he does not plan on having any and isn’t opposed to being rezoned to R-1-85.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that the frontage is nonconforming under the A-1 Zone and the fact that the property owner has no problems being rezoned.

Items #5 - (Rezone) Roy Devore Lot: Located at 335 S. 400 W. The property is currently zoned A-1. This property is also nonconforming, the frontage is at 79 feet and the area is .34 acres. To the south, a block away, is R-1-85 zoning and the Village Centerville Strategic Master Plan calls for single-family zoning in this area when the nursery property is developed.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that both the area and frontage do not conform to the A-1 Zone.

Item #6 - (Rezone) Andy Hafoka Lot: Located at 484 W. 400 S. The property is currently zoned A-1. This property is nonconforming, the frontage is at 95 feet and the area is .45 acres. There are other pockets of R-1-85 zoning in this area, which is to the west and the south. The property owner has no plans on using the lot for A-1 purposes.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that both the frontage and the area are nonconforming to the A-1 Zone.

Item #7 - (Rezone) Brad Julian Lot: Located at 522 W. 400 S. The property is currently zoned A-1. This property is nonconforming, the frontage is at 80 feet and the area is .23 acres. There are other pockets of R-1-85 zoning in this area, which is to the west and the south.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that both the frontage and the area are nonconforming to the A-1 Zone.

Item #8 - (Rezone) David Rhodes Lot: Located at 648 W. 400 S. The property is currently zoned A-1. This property is nonconforming, the frontage is at 69 feet and the area is .215 acres. There are other pockets of R-1-85 zoning in this area, which is to the west and the southeast.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that both the frontage and the area are nonconforming to the A-1 Zone.

Item #9 - (Rezone) Keith Brown Lot: Located at 460 S. 400 W. The property is currently zoned A-1. This property is nonconforming, the frontage is at 53 feet and the area is .33 acres. There are other pockets of R-1-85 zoning in this area, which is to the north and the east. There are no known A-1 uses on the property currently.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that both the frontage and the area are nonconforming to the A-1 Zone.

Item #10 - (Rezone) Jerrold Cross Lot: Located at 520 S. 400 W. The property is currently zoned A-1. This property is nonconforming, the frontage is at 60 feet and the area is .25 acres. There are other pockets of R-1-85 zoning in this area, which is to the north and the east. There are no known A-1 uses on the property currently.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that both the frontage and the area are nonconforming to the A-1 Zone.

Item #11 - (Rezone) Martin Zimmerman Lot: Located at 520 S. 400 W. The property is currently zoned A-1. This property is nonconforming, the frontage conforms at 136 feet, the area does not, it is .34 acres. There are other pockets of R-1-85 zoning in this area, which are to the north and the east. There are no known A-1 uses on the property currently.

Recommendation: Staff recommends approval that the property be rezoned from A-1 to R-1-85 with findings that both the frontage and the area are nonconforming to the A-1 Zone.

Item #12 - (Boundary Line Adjustment) David Livingston Lot: Located at 515 S. 400 W. The property owner had four separate lots on his property, and in the last year he has combined all four into one lot. As you may recall, the property owner does house a horse on his property, so he does have A-1 uses on his property. He has always been zoned A-1 and should stay that way; he has the frontage and area to stay A-1, although his boundary line needs to be shifted to the north to include the two pieces that he made into one lot.

Recommendation: Staff recommends approval of the boundary line adjustment.

Item #13 - (Rezone) James Petet Lot: Located at 611 S. 400 W. The property is currently zoned A-1. This property is nonconforming, the frontage conforms because it is 105 feet, but the area is only at .30 acres and this makes it nonconforming in the A-1 Zone. There is R-1-85 zoning east of this property, so it will be consistent to surrounding zoning. There are no A-1 uses on the property at this time.

Recommendation: Staff recommends approval to rezone the property from A-1 to R-1-85 with the findings that the area does not conform to the A-1 Zone.

Item #14 - (Rezone) Michael Bennett Lot: Located at 665 S. 400 W. The property is currently zoned A-1. This property is nonconforming, the frontage is 90 feet and the area is at .315 acres. There is R-1-85 zoning east of this property, so it will be consistent to surrounding zoning. There are no A-1 uses on the property at this time.

Recommendation: Staff recommends approval to rezone the property from A-1 to R-1-85 with the findings that the area does not conform to the A-1 Zone.

Item #15 - (Rezone) Exchange Inc. Lot: Located at 393 W. Tobe Dr. The property is currently zoned A-1. This property is nonconforming, the frontage is 84 feet and the area is at .23 acres. There is R-1-85 zoning east of this property, so it will be consistent to surrounding zoning. There are no A-1 uses on the property at this time.

Recommendation: Staff recommends approval to rezone the property from A-1 to R-1-85 with the findings that the area does not conform to the A-1 Zone.

Item #16 - (Rezone) Don Jones Lot: Located at 782 S. Ford Dr. The property is currently zoned A-1. This property is nonconforming, the frontage conforms because it is 119 feet, but the area is at .23 acres. There is R-1-85 zoning east of this property, so it will be consistent to surrounding zoning. There are no A-1 uses on the property at this time.

Recommendation: Staff recommends approval to rezone the property from A-1 to R-1-85 with the findings that the area does not conform to the A-1 Zone.

Chairman Powell opened the public hearing for comments.

Sherri Lindstrom - 224 West Porter Lane

Ms. Lindstrom said that even though no zoning changes are proposed west of I-15, that area should still be included on the map for clarification. She expressed concern that there is consistency in zoning changes throughout the City, and she would like the zoning changes postponed so that more time can be given for citizens to examine the proposed changes.

Jim Higbee - 26 West 650 South

Mr. Higbee said he feels there is a movement in the southwest quadrant to rezone several parcels to R-1-85 to allow for more multi-family housing. Mr. Higbee also stated several residents in the neighborhood believe they are being squeezed out of the possibility for a neighborhood park.

He would like to see a neighborhood park that is not a part of the 50-acre site.

Cami Layton - 26 West 700 South

Mrs. Layton asked if a property is zoned from A-1 to R-1-85, could there be a possibility of someone constructing five homes; for instance on the Dunn property? Chairman Powell replied the Dunn property has an R-2 potential. There is no possibility for multi-family housing in an R-1-85 Zone since it is a single-family zone. Mr. Allred stated the Dunn’s have withdrawn their petition for an R-2 Zone. They are going to ask for an R-1-85 Zone on the corner of Porter Lane and 400 West. Mrs. Layton expressed concern that the rezoning is moving the neighborhood toward more high-density housing. She also referred to the affordable housing report completed by Lane Nelson that states there is adequate affordable housing in Centerville.

Chairman Powell closed the public hearing for comments.

Brian Hulse asked if a property owner is nonconforming and they object to a rezone of their property, what will the City do? Kem Weaver replied if the property owner does not have any A-1 uses and they are nonconforming on the frontage, the property owner would need to apply for a rezone.

Mr. Allred commended Kem Weaver for his excellent work on the zoning maps. Public notice is not required at the Planning Commission level, but has traditionally been given as a courtesy. Public notice is required at the City Council level. Public notice in this instance was given as a courtesy in the City Newsletter, which was sent to every dwelling in the city.

Mr. Weaver stated if there is an A-1 use on a nonconforming A-1 lot, it can be grandfathered. Brian Hulse asked if the proposed zoning changes are in conflict with the General Plan. Mr. Weaver replied the zoning changes are not in conflict with the General Plan.

Ken Averett asked if there are any properties that are being changed from a nonconforming zone to another nonconforming zone? Mr. Weaver replied Item #9 and Item #10 will be going from nonconforming to nonconforming but they are in compliance with the General Plan. Mr. Averett expressed concern that only a few property owners are in attendance at the meeting. He said he feels that morally and ethically the notification process needs to be changed.

Chairman Powell made a motion to approve Items #1 through Item #16 listed above. The findings are:

1. The property is nonconforming or in need of a boundary line adjustment. This action is intended to bring the property in line with the General Plan, as well as their actual use.

2. The rezone is reasonable and necessary to conform with the long range plan of the City.

3. It is in the public interest and noninjurious to the health and safety of the community.

4. Each property owner in all of the quadrants will receive 30-days notice before this item is sent to the City Council.

5. If the rezones are approved, City Council will consider a 180-day free period where property owners can apply for a rezone, if they feel it is appropriate and they qualify, and the application fee will be waived.

Brian Hulse seconded the motion, which was passed by a vote of (3-1). Ken Averett voted against the motion.

NORTHEAST QUADRANT

Item #1 - (Rezone) Murri Lot: Location of this lot is at approximately 200 E. Rolling Hills Drive. When the subdivision plat was recorded, the City set aside this lot for a water detention basin in connection with the future Lone Pine Park. The detention basin ended up in another location and the current owner purchased the lot. At the request of the property owner, there was a quit claim deed from the City in 1999, this extended the Murri property into the OS Zone. The back portion of the property needs to be included into the R-1-85 Zone.

Recommendation: Staff recommends approval of the rezone from OS to R-1-85 only on the back half of the Murri lot.

Item #2 - (Rezone) Clark Tingey Lot: Located at 2041 N. Main Street. The current zone for this lot is A-1, but the lot is clearly nonconforming. The Tingey lot has 60 feet of frontage and only .356 acres in area. Staff attempted to contact the property owner to simply ask if he had any livestock on the property or in the future. At this time we have not heard back from him.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-85 with the finding that the lot does not meet both the area and frontage for A-1 zoning.

Item #3 - (Rezone) Bradley Allen Lot: Located at 1806 N. Main Street. The current zone

for this lot is A-1. The lot has approximately 110 feet of frontage but only .29 acres in area, it is nonconforming for the A-1 Zone and there is no known A-1 uses on the property.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-85 with the finding that the lot does not meet the area for A-1 Zoning.

Item #4 - (Boundary Line Adjustment) Brent Beutler Lot: Located at 44 E. 1825 N. The property is currently zoned R-1-85, the current zone map shows it with A-1 Zoning. The area for this lot is .20 acres. The boundary line needs to be adjusted to the west to include the Beutler lot.

Recommendation: Staff recommends the boundary line adjustment.

Item #5 - (Rezone) Ira Bowler Lot: Located at 1756 N. Main Street. The property is currently zoned A-1. The lot has 90 feet of frontage and only .26 acres in area. There is R-1-10 property located directly south of the Bowler lot. By rezoning the Bowler lot, the lot will become conforming.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 with the finding that the lot does not meet the area or frontage for A-1 zoning.

Item #6 - (Rezone) Jennings Investments & V&B Nuenswander LC: Located at 66 E. 1700 N. & 1688 N. Main Street. Both of these properties contain duplexes and they neighbor each other on the corner of Jennings Lane and Main Street. Their current zone is A-1.

The General Plan specifically does not allow medium to high-density in the Northeast Quadrant. The duplex properties are in this area because they were annexed into Centerville from the County a while back, not sure when this occurred. After speaking with the City Attorney, she gave staff a couple of options. The first is to leave the properties in the A-1 Zone by not proposing a rezone, which raises the question; if left in the A-1 Zone, does that create a future nuisance for surrounding properties? Currently, these properties have all the rights of the A-1 Zone, which means they can keep livestock on the property.

The second option is to rezone it to R-1-10. This would prevent future nuisances on these lots but would still be nonconforming uses in the zone, the use could be looked at as grandfathered in a R-1-10 Zone. There are single-family lots surrounding these two lots and they are zoned R-1-10.

Recommendation: Staff would ask the Planning Commission to carefully consider both options and take action based on findings for either the A-1 Zone or R-1-10 Zone.

Item #7 - (Rezone) Dennis Lifferth Lot: Located at 80 E. 1700 N. The property is currently zoned A-1. The lot has 100 feet of frontage but only .22 acres in area; he has the frontage for A-1 zoning but clearly does not have the area. Currently, the use on this property is a single-family home. There is R-1-10 zoning directly to the east of the lot and depending on the Planning Commission’s other decision in this area, there will be R-1-10 zoning on all sides of the lot.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the finding that the lot doesn’t meet the area required for A-1 zoning.

Item #8 - (Rezone) Robert Clark Lot: Located at 1684 N. Main Street. The property is currently zoned A-1. This is a flag lot located behind the duplex property. There is 100 feet in back where the single-family home sits but the area of the property is only .375 acres. There is R-1-10 Zoning located to the northeast of the lot and depending on the Planning Commission’s other decisions in this area, there will be R-1-10 zoning to the northeast, north, south, and west.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the finding that the lot doesn’t meet the area required for A-1 zoning.

Item #9 - (Rezone) William Rigby Lot: Located at 1656 N. Main Street. The property is currently zoned A-1. The lot has 100 feet of frontage but only .27 acres in area; he has the frontage for A-1 zoning but clearly not the area. Currently the only use on the property is a single-family home. There is R-1-10 zoning west of this property and based on the Planning Commission’s decision with other properties in the area, there will be R-1-10 zoning to the north.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the finding that the lot doesn’t meet the area required for A-1 zoning.

Item #10 - (Boundary Line Adjustment) three properties involved: Located at 231 E. Peachtree Dr., 248 E. Peachtree Dr., and 257 E. Cottonwood Dr. Currently the zone line that separates R-1-85 and R-1-10 zoning in this area is splitting these three properties in half. The line needs to be adjusted to follow the property lines instead of going straight through.

Staff would like to adjust the line to the east; these properties would then fall completely into the R-1-85 Zone. This is to benefit the property owner with setbacks and the area of two of the three lots leans closer to R-1-85 zoning.

Recommendation: Staff recommends approval of the boundary line adjustment with the finding that the R-1-85 Zone is a better fit for the three properties in regards to area and setbacks.

Item #11 - (Boundary Line Adjustment) Reeve Butler Lot: Located at 1143 N. 250 E. Currently the zone line separates this property in half (R-1-85 & R-1-10 line). The line needs to be adjusted to follow the property line instead of going straight through.

Staff would like to adjust the line to the east; this property would fall completely into the R-1-85 Zone. This is to benefit the property owner with setbacks even though the property’s area leans toward R-1-10 zoning.

Recommendation: Staff recommends approval of the boundary line adjustment.

Item #12 - (Rezone) Barbara Stone Lot: Located at 440 E. 1000 N. The property is currently zoned A-1. The lot has 115 feet of frontage but only .32 acres in area; she has the frontage for A-1 zoning but clearly not the area. The only use on the property is a single-family home and no obvious A-1 uses exist. This property is located in a pocket of A-1 zoning, it is surrounded by R-1-10 zoning with both older subdivisions and recently developed subdivisions.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the findings that the lot doesn’t have the area for A-1 zoning and because there is R-1-10 zoning surrounding the lot.

Item #13 - (Rezone) Jay Lyon Lots: Located at 408 E. 1000 N. The properties are currently zoned A-1. The owner has two lots combined into one and has built his home on the lot line. With the two lots combined, he has 220 feet of frontage and .50 acres in area, so he definitely has the qualifications of A-1 zoning.

Since this property lies in a pocket of A-1 surrounded by R-1-10 zoning, staff contacted the property owner to ask if they have or intend to have A-1 uses on their property. They stated that they do not have any plans for keeping farm animals. Staff asked if they would be okay with a zone change to their property and they stated that it would be fine to change their zoning to single-family residential.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the finding that R-1-10 zoning surrounds the lot.

Item #14 - (Rezone) Carl Ashcroft Lot: Located at 940 N. 400 E. The property is currently zoned A-1. The lot has 102 feet of frontage but only .425 acres in area; he has the frontage for A-1 zoning but not the area. The only use on the property is a single-family home and no obvious A-1 uses exist. This property is located in a pocket of A-1 zoning. It is surrounded by R-1-10 zoning with both older subdivisions and recently developed subdivisions.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the findings that the lot doesn’t have the area for A-1 zoning and because there is R-1-10 zoning to the east and west of the lot.

Item #15 - (Rezone) Donald Jenkins Lot: Located at 930 N. 400 E. The property is currently zoned A-1. The lot has 84 feet of frontage and only .28 acres in area. A single-family home use is on the property and the lot is surrounded by R-1-10 zoning on the east, south, and west.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the findings that the lot doesn’t meet both the area and frontage for A-1 zoning.

Item #16 - (Rezone) James Johnson Lot: Located at 850 N. 400 E. The property is currently zoned A-1. The lot has 98 feet of frontage and only .35 acres in area. This lot is nonconforming within the A-1 Zone; it doesn’t meet both frontage and area. A single-family home use is on the property and the lot is surrounded by R-1-10 zoning.

Recommendation: Staff recommends approval of the rezone from A-1 to R-1-10 zoning with the findings that the lot doesn’t meet both the area and frontage for A-1 zoning.

Item #17 - (Boundary Line Adjustment) 5 properties involved: Located between 596 N. to 510 N. Main Street. All five of the properties are located in the R-1-10 Zone. The R-1-10 & R-1-85 Zone line doesn’t follow the back property lines for these five properties. The area for each of these properties is located in the R-1-10 Zone.

Recommendation: Staff recommends approval of the boundary line adjustment.

Item #18 - (Rezone) Eldon Duncan Lot: Located at 528 N. 340 E. The property is currently zoned R-1-85. This lot is a part of the Duncan Acres Subdivision that was developed a few years ago. According to the plat notes for this subdivision, it stated that this lot was designated to be zoned R-1-10, it has .425 acres in area.

Recommendation: Staff recommends approval of the rezone from R-1-85 to R-1-10 with the findings that the final plat of the subdivision reflects R-1-10 zoning and the area is close to a half acre.

Item #19 - (City Boundary Correction) Three properties involved: Located at the top of 540 N. On the current zone map, these three properties are partially shown outside the east city boundary. After some minor research, the properties are supposed to be completely within the city boundary.

Recommendation: Staff recommends approval of the City Boundary Correction.

Item #20 - (Rezone) Centerville City Lot: Located at the top of Parrish Lane. The City recently purchased some property from Royce Allen and Kathleen Dalrymple trustee, for the water tank site and trail head. The area is 3.32 acres and is currently zoned A-1. As with our current water reservoir sites, they are zoned OS (Open Space). Staff would like to rezone the newly acquired property to OS to stay consistent with other water reservoir sites.

Recommendation: Staff recommends approval of the rezone from A-1 to OS with the findings that it is the site for a future city water tank and it would stay consistent with other water reservoir sites in the city.

Chairman Powell opened the public hearing for comments. There was no one wishing to comment and the public hearing was closed.

Chairman Powell made a motion to accept the recommendations of staff with the following findings:

1. Item #6 and Item #7 will be zoned R-1-85.

2. The property is nonconforming or in need of a boundary line adjustment. This action is intended to bring the property in line with the General Plan, as well as their actual use.

3. The rezone is reasonable and necessary to conform with the long-range plan of the City.

4. It is in the public interest and noninjurious to the health and safety of the community.

5. Each property owner in all of the quadrants will receive 30-days notice before this item is sent to the City Council.

6. If the rezones are approved, City Council will consider a 180-days free period where property owners can apply for a rezone, if they feel it is appropriate and they qualify, and the application fee will be waived.

Brian Hulse seconded the motion, which was passed by a vote of (3-1). Ken Averett voted against the motion.

SOUTHEAST QUADRANT

Item #1 - (Boundary Line Adjustment ) City Hall Property: Located at 250 N. Main Street. The City property is currently zoned C-1, but the current zone map shows most of it in the R-2 Zone. The zone line that separates C-1 and R-2 needs to be shifted east to include all of Randall’s gas station, City Hall, and the Whitaker Museum in the C-1 Zone.

Recommendation: Staff recommends that the boundary line be adjusted.

Item #2 - (Boundary Line Adjustment) William Porter, Trustees & Pak Investment Co. (Bruce Pitt): Located at 221 S. & 281 S. Main Street. The properties are zoned C-1, but the current zone map shows the back portions of these properties as being in the R-1-10 Zone. The zone lines needs to be shifted east to include all of these two properties in the C-1 Zone.

Recommendation: Staff recommends that the boundary line be adjusted.

Item #3 - (Rezone) Don McCauley Lot: Located at 308 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 87' and the area is .23 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning and even though this property does not meet R-1-10 zoning in regards to area it would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Item #4 - (Rezone) Jeannine Dooley Lot: Located at 282 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 87 feet and the area is .297 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning. It would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Recommendation: Staff recommends approval in rezoning the property from A-1 to R-1-10 with the findings that the lot doesn’t meet both frontage and area requirements.

Item #5 - (Rezone) Don McCauley Lot: Located at 250 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 90 feet and the area is .42 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning. It would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Recommendation: Staff recommends approval of rezoning the property from A-1 to R-1-10 with the findings that the lot doesn’t meet both frontage and area requirements.

Item #6 - (Rezone) Harold Brown Lot: Located at 210 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 90 feet and the area is .28 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning. It would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Recommendation: Staff recommends approval in rezoning the property from A-1 to R-1-10 with the findings that the lot doesn’t meet both frontage and area requirements.

Item #7 - (Rezone) Harold Brown Lot: Located at 190 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 80 feet and the area is .26 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning. It would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Recommendation: Staff recommends approval in rezoning the property from A-1 to R-1-10 with the findings that the lot doesn’t meet both frontage and area requirements.

Item #8 - (Rezone) John Green Lot: Located at 180 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 80 feet and the area is .26 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning. It would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Recommendation: Staff recommends approval in rezoning the property from A-1 to R-1-10 with the findings that the lot doesn’t meet both frontage and area requirements.

Item #9 - (Rezone) Troy Carlson Lot: Located at 160 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 80 feet and the area is .26 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning. It would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Recommendation: Staff recommends approval in rezoning the property from A-1 to R-1-10 with the findings that the lot doesn’t meet both frontage and area requirements.

Item #10 - (Rezone) George Bouliouris Lot: Located at 130 N. 700 E. Currently the property is zoned A-1. The frontage of the property is 80 feet and the area is .26 acres. The lot clearly does not conform to the A-1 Zone in both frontage and area. Directly to the west of this property is R-1-10 zoning; it would be wise to rezone the property to R-1-10 to stay consistent with surrounding zoning.

Recommendation: Staff recommends approval in rezoning the property from A-1 to R-1-10 with the findings that the lot doesn’t meet both frontage and area requirements.

Item #11 - (Boundary Line Adjustment) E. Marlene Young Lot: Located at 803 E. Center Street. The A-1 Zone boundary line separates this property in half and it is an odd shaped lot. The area is l.69 acres and it does belong in the A-1 Zone. The boundary line needs to be shifted south and follow the odd shape of the lot.

Recommendation: Staff recommends approval of the boundary line adjustment.

Item #12 - (Boundary Line Adjustment) Six properties involved: Located at 225 E. to 265 E. 800 S. The A-1 Zone line connects the junior high school with the elementary school which shuts in six properties that are currently zoned R-1-10. The A-1 boundary line needs to be terminated at the junior high school and then resumed to enclose the elementary school. That prevents any confusion that may arise when looking at the single-family properties.

Recommendation: Staff recommends approval of the termination of the A-1 boundary line at the junior high school by freeing up the single-family homes and then resume to enclose the elementary school.

Item #13 - (Boundary Line Adjustment) Four properties involved: Located at 550 E. to 610 E. 1000 S. The south city boundary line cuts the back of these four properties off; they have been researched and are included within city boundaries.

Recommendation: Staff recommends approval of the boundary line adjustment.

Chairman Powell opened the public hearing for comments. There was no one wishing to comment and the public hearing was closed.

Chairman Powell made a motion to approve the changes to the southeast quadrant as recommended by staff, with the elimination of Item #3 as it is already zoned R-1-10. The motion is based on the following findings:

1. The property is nonconforming or in need of a boundary line adjustment. This action is intended to bring the property in line with the General Plan, as well as their actual use.

2. The rezone is reasonable and necessary to conform with the long-range plan of the city.

3. It is in the public interest and noninjurious to the health and safety of the community.

4. Each property owner in all of the quadrants will receive 30-days notice before this item is sent to the City Council.

5. If the rezones are approved, City Council will consider a 180-day free period where property owners can apply for a rezone, if they feel it is appropriate and they qualify, and the application fee will be waived.

Scott Vaterlaus seconded the motion, which was passed by unanimous vote (4-0).

NORTHWEST QUADRANT

Item #1 - (Rezone) Wayne Snow LLC: Located at 1913 N. Main Street and 30 W. 1950 N. Both these properties contain duplexes and they neighbor each other on the corner of 1925 N. and Main Street. Their current zone is A-1, same as Item #6 in the Northwest Quadrant.

The General Plan specifically does not allow medium to high-density in the Northwest Quadrant. The duplex properties are in this area because they were annexed into Centerville from the County a while back, not sure when this occurred. After speaking with the Assistant City Attorney, she gave staff a couple of options. The first is to leave the properties in the A-1 Zone by not proposing a rezone, which raises the question; if left in the A-1 Zone, does that create a future nuisance for surrounding properties? Currently, these properties have all the rights of the A-1 Zone, which means they can keep livestock on the property.

The second option is to rezone it to R-1-10. This would prevent future nuisances on these lots but would still be nonconforming uses in the zone. The use could be looked at as grandfathered in an R-1-10 Zone. There are single-family lots surrounding these two lots and they are zoned R-1-10.

Recommendation: Staff would ask the Planning Commission to carefully consider both options and take action based on findings for either the A-1 Zone or R-1-10 Zone.

Item #2 - (Lot Line Removal) Steve Felt Lot: Located at 159 W. 1300 N. The Planning Commission has already approved the lot split from Loyal Olsen to Steve Felt last year for a single-family lot. The lot has not been corrected on the current zoning map. Staff is working with our City Engineer to get that corrected.

No recommendation required.

Item #3 - (Rezone) Maureen Huffaker Lot: Located at 555 N. Main Street. This property is currently zoned A-1. This is one of the older properties of Centerville and it has been reduced with new development over the past 20 years. The current frontage of the lot is 88 feet and the area is .347 acres. It is a nonconforming lot for the A-1 Zone, as it currently stands and there are no A-1 uses on the property. Directly to the west is an R-1-85 Zone. It would be consistent with surrounding zoning if the property was rezoned to R-1-85.

Recommendation: Staff recommends approval to rezone the lot from A-1 to R-1-85 with the findings that it is nonconforming to the A-1 Zone in both area and frontage and that it can be joined with current R-1-85 zoning to the west.

Item #4 - (Rezone) Val Roberts Lot: Located at 499 N. Main Street. This property is currently zoned A-1. This is one of the older properties of Centerville and it has been reduced with new development over the past 30 years. The current frontage of the lot is 89 feet and the area is .54 acres. It is a nonconforming lot for the A-1 Zone, as it currently stands and there are no A-1 uses on the property. Directly to the northwest is an R-1-85 Zone. It would be consistent with surrounding zoning if we rezoned the property to R-1-85. Directly behind is C-2 zoning.

Recommendation: Staff recommends approval to rezone the lot from A-1 to R-1-85 with the findings that it is nonconforming to the A-1 Zone in frontage and that it can be joined with current R-1-85 zoning to the northwest.

Item #5 - (Rezone) Harold Parrish Lot: Located at 489 N. Main Street. This property is currently zoned A-1. This is one of the older properties of Centerville and it has been reduced with new development over the past 30 years. The current frontage of the lot is 79 feet and the area is .35 acres. It is a nonconforming lot for the A-1 Zone, as it currently stands and there are no A-1 uses on the property. Directly behind this lot is C-2 zoning.

Recommendation: Staff recommends approval to rezone the lot from A-1 to R-1-85 with the findings that it is nonconforming to the A-1 Zone in both area and frontage and that it can be joined with current R-1-85 zoning to the northwest.

Item #6 - (Rezone) David Parrish Lot: Located at 469 N. Main Street. This property is currently zoned A-1. This is one of the older properties of Centerville and it has been reduced with new development over the past 30 years. The current frontage of the lot is 83 feet and the area is .37 acres. It is a nonconforming lot for the A-1 Zone, as it currently stands and there are no A-1 uses on the property. Directly behind this lot is C-2 zoning.

Recommendation: Staff recommends approval to rezone the lot from A-1 to R-1-85 with the findings that it is nonconforming to the A-1 Zone in both area and frontage and that it can be joined with current R-1-85 zoning to the northwest.

Item #7 - (Rezone) James Parrish Lot: Located at 445 N. Main Street. This property is currently zoned A-1. This is one of the older properties of Centerville and it has been reduced with new development over the past 30 years. The current frontage of the lot is 79 feet and the area is .35 acres. It is a nonconforming lot for the A-1 Zone, as it currently stands and there are no A-1 uses on the property. Directly behind this lot is C-2 zoning.

Recommendation: Staff recommends approval to rezone the lot from A-1 to R-1-85 with the findings that it is nonconforming to the A-1 Zone in both area and frontage and that it can be joined with current R-1-85 zoning to the northwest.

Chairman Powell opened the public hearing for comments.

Bill Wingo - 262 West 1950 North

Mr. Wingo said the property that borders Item #1 has livestock on it and should be left an A-1 Zone. He also said the duplexes should not be spot zoned R-1-10, they should be left A-1.

Kem Weaver said the County supplied the zoning records to the City showing every parcel on the zone map. Mr. Weaver said he recognizes that the property is surrounded by A-1 zoning, but there is also R-1-10 zoning along Main Street.

Mr. Wingo said there should not be a concern of the duplex residents having livestock on the property, as there is not enough room and spot zoning should not be done on the duplex property.

Mr. Wingo also said he is concerned there will be an erosion of the A-1 zoning, which people have tried to preserve from multi-family housing.

Chairman Powell closed the public hearing for comments.

Chairman Powell made a motion to allow Item #1 to remain in an A-1 Zone, as the first and second lots are not in compliance with the R-1-10 Zone and the General Plan calls for an A-1 Zone in this area. Ken Averett seconded the motion, which failed by a vote of (2-2). Brian Hulse and Scott Vaterlaus voted against the motion.

Brian Hulse made a motion to table the approval of the Northwest Quadrant until more information on setback requirements can be obtained on Item #1. Chairman Powell seconded the motion, which was passed by unanimous vote (4-0).

Chairman Powell made a motion to follow the recommendations from staff and approve Items #2 - Item #7 with the following findings:

1. The rezone is reasonable and necessary to conform with the long-range plan of the city.

2. It is in the public interest and noninjurious to the health and safety of the community.

3. Each property owner in all of the quadrants will receive 30-days notice before this item is sent to the City Council.

4. If the rezones are approved, City Council will consider a 180-day free period where property owners can apply for a rezone, if they feel it is appropriate and they qualify, and the application fee will be waived.

Brian Hulse seconded the motion, which was passed by a vote of (3-1). Ken Averett voted against the motion.

SUBDIVISION - PRELIMINARY PLAT - WALTON LANE TOWN HOMES LOCATED AT APPROXIMATELY 70 WEST WALTON LANE IN THE R-2 ZONE. ROBERT HOLMES, PROPERTY OWNER AND APPLICANT.

Paul Allred explained this is a recommendation to approve the preliminary plat for the Walton Lane Town Homes. The proposed preliminary plat was viewed by the Planning Commission at the February 13, 2002 meeting, at which time the Planning Commission made recommendations on the design of the units, location of garbage cans, width of the private driveway, building setbacks, etc.

Mr. Allred stated that Fred Campbell, City Engineer, has not approved the grading and drainage plan at this time.

The Planning Commission viewed the proposed preliminary plat for the Walton Lane Town Homes.

Brian Hulse made a motion to approve the preliminary plat for the Walton Lane Town Homes on the following conditions:

1.The garage will be located on the east side of the building in an L-shaped configuration.

2. The preliminary plat drawing must be corrected as approved by the Planning Commission and resubmitted to staff for filing and reference for the final plat.

3. That minor amendments/clarifications to the conditional use permit be made prior to consideration of the final plat for such items as revised setbacks, building locations, road width, amount and configuration of open space, etc. Also, that the applicant voluntarily agree to any such reasonable and necessary changes to the conditional use permit as determined by the Planning Commission.

4. Completion of minor items as required on the City’s checklist to the staff’s satisfaction.

Ken Averett seconded the motion, which was passed by unanimous vote (4-0).

DISCUSSION - CONDITIONAL USE PERMIT - PUBLIC FACILITY (WATER TANK) LOCATED AT 700 EAST PARRISH LANE IN THE A-1 ZONE. RANDY RANDALL AND FRED CAMPBELL, APPLICANTS FOR CENTERVILLE CITY.

Fred Campbell, City Engineer, explained concerns were raised at the February 13, 2002 Planning Commission meeting about potential hazards at the old abandoned water reservoir on the hill above Parrish Lane. Mr. Campbell said that he and Randy Randall inspected the water tank and found that the tank is empty and has no standing water in it; there are no holes in the tank; the tank is completely secured and the snow on the site was untrampled, which showed that no one had visited the area for some time. The old water tank is on Forest Service property.

A photograph of the old water tank site was viewed. Mr. Campbell said Randy Randall will evaluate the water tank and may in the future use it for stream channel treatment.

Mr. Campbell proposed more vegetation be planted around the new water tank and a retaining wall be built to further hide the facility. The water tank will have a pitched roof with shingles on it to give the appearance of a building rather than a water tank. After discussion, the Planning Commission agreed a rock retaining wall will be constructed around the new water tank, along with more vegetation to hide the structure.

Chairman Powell asked about inspection procedures for the old water tank. Mr. Campbell replied the old water tank is inspected on a yearly basis, as is the new water tank by the Davis County Health Department and by the City Public Works Department.

WORK SESSION - SUBDIVISION - CONCEPTUAL - BAMBERGER STATION PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT APPROXIMATELY 200 SOUTH MAIN STREET ON SIX (6) ACRES OF LAND IN THE R-2 ZONE. JOHN CLARK, PROPERTY OWNER AND APPLICANT.

Mr. Allred reported the purpose of the work session is to allow the applicants an opportunity to show what they would like to do with their project since the concept plan was approved at the February 13, 2002 Planning Commission meeting. Mr. Allred encouraged the Planning Commission to look closely at the development to ensure it will blend in with the Village Center, as the two properties will someday connect.

Items to consider:

1. Type of use being proposed on the property.

2. Layout of the property.

3. How the buildings will be situated on the site.

4. Will buildings be detached or attached?

5. How will cars and pedestrians be moved through the development?

Mr. Clark displayed revised conceptual plans of the Bamberger Station PUD. These revised plans were variations on conceptual plans F, H, and J previously approved by the Planning Commission.

Mr. Clark said he has taken the instructions given to him from the City Council on the connecting road, and he will be able to connect it as far as the Cedar Springs Condominium storage area. He said property must be obtained from Cedar Springs before he can continue the road. Mr. Allred reported he has had discussions with the City Manager, who stated Cedar Springs may be willing to move their storage area, but this could cause problems with the FHA, as common areas cannot be sold without FHA approval. Mr. Clark asked for further instructions from the Planning Commission on how he should proceed.

Chairman Powell asked Mr. Allred to tell the Planning Commission what big issues should be discussed. Mr. Allred outlined several items, such as layout of open space, design of units, access, location of roads, etc. Chairman Powell asked the Planning Commission for their general consensus on each point.

  • Commercial development on Main Street may be allowed as part of this PUD.
  • There may be a mixture of detached and attached units.
  • Units will be off-set to allow for more green space.
  • Access driveways will be no less than 12 feet wide and it will be one-way to allow for more green space that will be landscaped along the street.
  • The Planning Commission agreed both plans that were presented are acceptable.

Mr. Allred explained the Master Street Plan shows there must be a road connection from the south and an east/west connection from Main Street to 400 West. Even if property cannot be obtained from Cedar Springs, the road must be stubbed to the west boundary of the site.

Mr. Allred suggested Mr. Clark take his conceptual plan to the City Council and ask for their opinion and direction on the plan.

The Planning Commission could not reach a consensus on the sidewalks. The City Council will direct the applicant on the width and location of the sidewalks.

Chairman Powell made a motion to direct the applicant to go to the City Council with the conceptual plan with the suggestions from the Planning Commission. Brian Hulse seconded the motion, which was passed by unanimous vote (4-0).

DIRECTOR’S REPORT

A. Upcoming Agenda Items

  • Robert Holmes final plat.
  • Connie Dunn R-1-85 Zone proposal.
  • Planning Commission field trips prior to meetings.
  • Rockwood subdivision.
  • Beyeler lot vacation.

B. Chairman Powell reminded the Planning Commission he will not be in attendance at the May and June Planning Commission meetings.

At 10:35 p.m., Chairman Powell made a motion to adjourn the meeting. Brian Hulse seconded the motion, which was passed by unanimous vote (4-0).

 

Bruce Powell, Chairman
Connie Larson, Recording Secretary



 
 
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