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2002 Minutes & Agendas: Minutes - July 10, 2002

Wednesday, July 10, 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 Acting Chairman Paula Tew.


Ken Averett
Brian Hulse
Diana Moesinger
Scott Vaterlaus
Paula Tew, Acting Chairman


Bruce Powell, Chairman
Steven Bateman


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


Renee Turner (Clipper), Sherlene Clark, Ann McGee, Frank White, Melba White, Phil Sessions, Jim Rushforth, Brent Fackrell, Joseph Fackrell, Jared Gilmore



Minutes from the Planning Commission meeting held June 26, 2002 were reviewed and amended. Brian Hulse made a motion to approve the minutes as amended. The motion was seconded by Scott Vaterlaus and passed by unanimous vote (3-0). Paula Tew and Diana Moesinger abstained from voting as they were not present at the meeting.

PUBLIC HEARING - CONDITIONAL USE PERMIT - Proposed Bamberger Station Subdivision (Condominiums), formerly PUD, located at approximately 200 South Main Street - R-2 Zone - Sherlene Clark, applicant and Don Atkinson, agent for applicant.

Paul Allred, Community Development Director, stated that the public hearing notice for this conditional use permit was incorrect. The notice stated that the development is a Planned Unit Development (PUD) when, in fact, it is proposed to be a Condominium project. He explained that this does not change the concept plan for the project, just the way the units are owned. Mr. Allred stated that the conditional use permit, to a great extent, deals with how the project will function, i.e., the number of units, elevations, landscaping, lighting, fencing, etc, as well as whether or not the use should be allowed. He explained that there are still a number of items the applicant needs to present to staff for consideration and there is a number of issues that still need to be resolved (UDOT, ingress/egress, and Carlson/Clark property exchange). Mr. Allred suggested the Planning Commission allow the applicant time to present those items they have prepared for tonight’s meeting and give direction to both the applicant and staff of their expectations for the next meeting.

Staff recommends the Planning Commission hold the public hearing and table the conditional use permit until the applicant and staff can return with more specific information regarding, architecture, design, signage, yard lights, landscaping, etc. Mr. Allred suggested a special Planning Commission meeting be held on July 31, 2001 for the conditional use permit and preliminary plat approval. This will give staff the legal amount of time to send a corrected notice.

Don Atkinson, agent for applicant, stated that in their original application for this development they included a letter stating they intend to apply for the conditional use permit and the preliminary plat approval at the same time. He asked the Planning Commission if they could meet with this intent at the next Planning Commission meeting. Brian Hulse stated that if everything was in order and staff was comfortable with the information, this should not be a problem.

Mr. Atkinson presented the following items to the Planning Commission for their consideration and review:

1. UDOT - Mr. Atkinson received a letter from UDOT stating they recommend that the proposed public street be a right-hand egress and a right-hand ingress with a "porkchop" divider in the center of the road. He explained that UDOT has also recommended a traffic study, which was accomplished six years ago. He stated that he has contacted the company that prepared that traffic study and that they will update this and attach an addendum. He stated that he would present the updated traffic study to staff and to UDOT within the next couple of days. Perhaps most importantly, UDOT is recommending that the ingress/egress for the project be aligned with 200 South.

2. Landscape Plan - Mr. Atkinson stated that their landscape architect completed the landscape plan according to the new Landscape Ordinance. He explained that they had looked at installing drought resistant grass, but have since learned that it is very difficult to maintain. Instead, they have decided to plant additional shade trees to help retain water.

3. Lighting Plan - Mr. Atkinson stated that there will be appropriate lighting along the street as well as on each of the homes. He stated they plan to install a light that will be consistent with the project to the west. The light fixtures on both the street and on the homes will match.

4. Elevations - Mr. Atkinson showed a colored front elevation and the blueprint side and rear elevations. He stated that there is a one-story elevation and a two-story elevation, which could be mixed and matched to make one double unit. He showed an example of the proposed green shingle, red brick, and white or gray siding. The units will consist of 25% brick and 75% siding. He stated that there are four different floor plans offered.

5. Fencing - Mr. Atkinson stated that a white vinyl fence with off-set slats and a "peek-a-boo" at the top will be installed around the perimeter of the project. They decided against fencing around each unit because they felt it would chop up the development.

Paula Tew, Acting Chairman, opened the public hearing

Phil Sessions, 70 East 200 South, stated that he is not happy with this project. He feels the storm drain that runs along the proposed public road should tie in with the commercial pad to the east. He feels the public street is a terrible idea and will only cause traffic problems. He feels the City Council should be approached again to rescind this decision. He stated that there should be a fence between all abutting commercial properties and that those properties should help with the cost of installing such. He stated he feels the commercial pad should be used as a nice ingress into the project instead of the proposed office building.

Jim Rushforth, 110 West 280 South, stated that he is concerned with the proposed right hand access in and out of this project. He feels this will force undue traffic onto Walton Lane.

Paula Tew, Acting Chairman, closed the public hearing.

Brian Hulse asked for a clarification of the one-foot easement shown just inside the project. Mr. Allred stated that the normal 50-foot public right-of-way includes a four-foot park strip plus a four-foot sidewalk, but since the City is requesting a five-foot sidewalk this requires an additional one-foot outside the public right-of-way on private property. This additional one-foot will be granted to the City in the form of an easement.

Paul Allred stated that he feels the right hand egress and the right hand ingress will have a significant impact. He stated that he believes this is not something the City Council anticipated or intended when they changed the Master Street Plan. Mr. Allred stated that he would like to meet with UDOT and the applicant together to work through some of these concerns. The Planning Commission agreed that this could severely impact through traffic and cause undue stress on Walton Lane.

Brian Hulse asked about the proposed material and color of the fascia above the doors. Mr. Atkinson stated it would be a wooden fish scale tile of either green or golden brown.

Paula Tew asked if this was the only front elevation proposed. She explained that the Planning Commission does not want a repetitious exterior. She asked if the front doors could face the street, if some of the units could face the street, or if some other type of architectural element could be added to help break up the side elevation, to help give the development more of a neighborly feel. She also stated that she would like to see each of the four different floor plans. Mr. Atkinson stated that they would look at enhancing the side elevations and bring those back for review, along with the different floor plans, at the next meeting.

Scott Vaterlaus asked for clarification on the proposed road connecting this development to the Carlson development to the south. He asked what was meant by a ½ built road and if it would have curb and gutter on both sides? Mr. Allred stated that the City is attempting to purchase property from Cedar Springs which, if successful, will become the remaining portion of the road. He stated that the applicant will be building curb and gutter on the east side with sufficient asphalt for a safe roadway, and then the City will retrofit the curb and gutter and park strip on the west side at a later date when they have purchased the land from Cedar Springs. Staff is working on the details of how the road will be built and expanded.

Brian Hulse asked how many phases are being proposed for this project and if there were any time restraints for each phase. Mr. Atkinson stated that they believe they will be able to finish this project in two phases. Mr. Allred stated that there is a set time to start construction on a project once it is approved, but that the phases could take place over an extended period of time.

Brian Hulse asked Mr. Allred to ask the City Attorney whether or not, in the condominium documents, the City can have the right, but not the obligation to assess the property owners if this project is not properly maintained.

Diana Moesinger stated that she is concerned with guest parking within the project. She feels parking on the street is not adequate for guest parking. Ken Averett asked where RV parking would take place. Mr. Atkinson explained that RV parking will be prohibited within the project. He also stated that he believes the project meets the parking ordinance, but that there may be some options to include some guest parking, which they would be happy to present at the next meeting. Mr. Allred stated that the project does meet the parking ordinance, but that the Planning Commission can require additional parking as part of the conditional use permit. Commission members suggested some flexibility in landscaping to allow for additional parking. Mr. Allred stated that the City Council mandated 47% landscaping for this project and that the applicant will have to approach the City Council for any flexibility.

Scott Vaterlaus asked the applicant if the Fire District was okay with the configuration of the units. Mr. Atkinson stated that they have sent letters with the site plan to each of the service entities and they will make sure to specifically obtain Fire District approval.

Paula Tew asked the Planning Commission if they would be available for a special meeting on July 31, 2001 for Mr. Atkinson to present for conditional use permit and preliminary plat approval. The majority of the Planning Commission concurred.

Brian Hulse made a motion to table the conditional use permit to allow staff and the applicant more time to deal with the items discussed. Ken Averett seconded the motion, which passed by unanimous vote (5-0). Staff was directed not to put this item on the agenda for consideration unless all the required items needed for review were submitted by July 23, 2002.

CONDITIONAL USE PERMIT - TEMPORARY - James Skinner Seasonal Sales Outlet located at 300 South Main Street - C-1 Zone - Bruce Pitt, property owner and James Skinner, applicant.

Kem Weaver, Intern, reported that the applicant would like to co-locate with Pineae’s seasonal sales during the month of July. Once Pineae Growers’s Outlet removes its nursery in August, Mr. Skinner would like to occupy the majority of the site. Mr. Skinner has received approval for a temporary conditional use permit for seasonal sales in the past. The applicant and the City have received written approval from Mr. Pitt, the property owner, and from Pineae stating they are comfortable in sharing a portion of the lot during the month of July.

Staff would encourage the Planning Commission to require an appropriate setback of at least 20 feet from the sidewalk on Main Street for any structures, and at least 30 feet from 300 South. Staff would also recommend that no inventory, merchandise, or signs be allowed near the corner and that signage be kept to one 4' x 8' sign along Main Street.

Staff recommends approval of the temporary conditional use permit with the following conditions:

1. The applicant must follow the same set up as in years past in terms of signage, parking, circulation, and clean up.

2. The parameters of the sales period be from July 10, 2002 to October 31, 2002. Christmas tree sales will be permitted from November 21, 2002 to December 21, 2002.

3. Setbacks for all structures should be 20 feet from the sidewalk on Main Street and 30 feet from 300 South, keeping the corner clear from obstruction.

Brian Hulse made a motion to approve this temporary conditional use permit with the following conditions:

1. The applicant will follow the same set up as in years past in terms of signage, parking, circulation, and clean up.

2. The parameters of the sales period will be from July 10, 2002 to October 31, 2002. Christmas tree sales will be permitted from November 21, 2002 to December 21, 2002.

3. Setbacks for all structures should be 20 feet from the sidewalk on Main Street and 30 feet from 300 South, keeping the corner clear from obstruction.

4. Signage limited to one 4 x 8 foot sign.

Paula Tew seconded the motion, which passed by unanimous vote (5-0).

CONDITIONAL USE PERMIT - TEMPORARY - Proposed Gear 4 Life, Inc. to sell outdoor camping equipment and sports gear on a temporary basis located at Ray’s Muffler - 258 West Parrish Lane - C-2 Zone - Darin Newell, applicant.

Kem Weaver, Intern, reported that the applicant is requesting to sell camping and sports gear from the Ray’s Muffler site between June and September. The duration of time the site will be used each month is an average of four to five days. The applicant would like to park a 10 x 30 foot truck at the front of the site, near Parrish Lane. The truck will be surrounded by merchandise that will be set up on tables and hanging from display racks. A portable 10 x 10 foot tent may be set up next to the truck. The applicant would like to display a hanging sign on the portable tent. The size of the sign has been undetermined, but staff feels that it should not exceed 4 x 8 feet.

The applicant has received permission from the manager of Ray’s Muffler to sell merchandise from this location. The applicant has already conducted one sale that took place in June 2002. The City made the applicant aware that he needs to come before the Planning Commission for a temporary conditional use permit before he can conduct another sale. The applicant has been very willing to work with the City in following the process of possible approval.

Staff is concerned with customer parking on the site and security of the merchandise. Mr. Weaver stated he was hoping the applicant would attend tonight to answer some of these concerns. He also stated that he asked the applicant to submit a letter stating his intent and how he plans to use the site, which he has failed to produce.

Commission members noticed that the permission letter from Ray’s Muffler was not signed. They questioned the necessity of additional signage next to the large truck which already contains a sign and they questioned the four to five day selling duration. Does this include set-up and take down?

Brian Hulse made a motion to table this temporary conditional use permit until the applicant either provides the Planning Commission with more written detail or comes in person to discuss the issues. Diana Moesinger seconded the motion, which passed by unanimous vote (5-0).


1. Possible meeting on Tuesday, July 23, 2002

2. Special meeting on Wednesday, July 31, 2002

3. Upcoming Agenda Items

  • Duncan Hill Subdivision - Final Plat
  • Questar - gas pumping facility in west Centerville
  • Rockwood Phase 4 - Final Plat

4. Miscellaneous

  • Commission members directed Mr. Allred to notify Mr. Atkinson and let him know that if all items are not completed and submitted to staff by July 23, 2002 then they will need to wait until the August 14, 2002 Planning Commission meeting.
  • Mr. Allred informed the Planning Commission that staff will be meeting with Mr. Dave Tolman regarding the nursery property on Friday to discuss some conceptual ideas. He stated he would report back at the next meeting.

5. Mr. Allred and the Planning Commission welcomed Diana Moesinger, as a new member of the Planning Commission.


The meeting was adjourned at 8:40 p.m.


Paula Tew, Acting Chairman
Kathleen Streadbeck, Recording Secretary

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