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Planning
2002 Minutes & Agendas: Minutes - August 14, 2002



PLANNING COMMISSION MINUTES OF MEETING
Wednesday, August 14, 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

Ken Averett
Bruce Powell, Chairman
Diana Moesinger
Scott Vaterlaus
Paula Tew

MEMBERS ABSENT

Brian Hulse
Steven Bateman

STAFF PRESENT

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

VISITORS

Renee Turner (Clipper) , Janalee Hansen, John Hansen, Arleta Nielsen, Robert Chamberlain, Ward McDonald, Phillip Hudman, Neola McCall, Phyllis Morgan, Virginia Hilber, Jeff Argyle, Karen Argyle, Sean Larsen, Claudia Larsen, Scott Grieve, Joyce Curley-Grieve, Boe Lay, Becky Clay, Thomas Chapman, Bob Eaton, Patylee Bodi, William L. Smith, Martin Steed, James Paul Damron, Reed Merkley, Trent Knight, Katherine Andrian, Dane Turner, Marge Turner, Mark Woods, Sherry Woods, Jim Harr, Kent Vallace, Drew Johnston, Randy Thane, William Abbott, Richard Nielsen, Derek Trump, Paul Cutler, Sean Larsen, Ray Smith, Patrick Bodnar

INVOCATION Diana Moesinger

COMMISSION BUSINESS

Minutes from the Planning Commission meeting held July 10, 2002 were reviewed and amended. Paula Tew made a motion to approve the minutes as amended. The motion was seconded by Scott Vaterlaus and passed by unanimous vote (4-0). Bruce Powell abstained from voting as he was not present at the meeting.

PUBLIC HEARING - ZONING MAP AMENDMENT (REZONE) - Proposed rezoning of 5.16 acres of land from HHSF (Health & Human Services Facilities) to R-3 (heavy multi-family) located at the corner of Chase Lane and Frontage Road - Johnson Land Enterprises LLC, property owner and Garrison Construction Company, applicant.

Paul Allred, Community Development Director, stated that staff recommends tabling this issue for the following reasons:

1. General Plan currently prohibits multiple-family homes in this quadrant.

2. Gather more statistical data about raw land use in Northwest Centerville, especially as it relates to overall housing densities in the quadrant and in the immediate vicinity of the proposed location.

3. Evaluate how this housing proposal relates to the Affordable Housing Plan recently adopted by the City.

4. Consider the City Council’s comments from 6/01 on a housing study, the reduction of units allowed in the R-3 Zone, and the idea of prohibiting large complexes and put together a sketch/summary.

5. Discuss equity in the community and put together a definitive study of just how many units are in each area of the city.

6. Determine whether the rezone petition or the General Plan should be considered first.

Bob Eaton, agent for the applicant, presented a site plan and building elevations. He explained that the proposal is to build three 3-story buildings near the center of the property with parking on the perimeter. He stated that each building will contain a total of 30 units (10 units per level) for a total of 90 units in the project. Each unit will be approximately 600 square feet, with one bedroom, kitchen, bath, and living room. Architecture will include brick, stucco, asphalt shingle, and balconies. He explained that these are senior apartments, which will be rented and a deed restriction will be set at 55 years and older for residents of the project.

Chairman Powell opened the public hearing.

Drew Johnston, 468 West 950 North, stated that he would like to see a more equitable community, with multiple-family zones in all quadrants of the city. He stated that he is concerned with the amount of traffic this type of project may generate. He is also concerned that if the project is not filled to capacity with persons 55 and older that it will be opened to the public and considering the small size of the units, he is afraid they will become low-income apartments.

Scott Grieve, 983 North 500 West, stated that most retirement centers run at 60% occupancy. He too, is afraid the units will be opened to the public if they are not filled with persons 55 and older. He also stated that this proposed project will be back to back with another multiple-family project within a block. Mr. Grieve said the multiple-family units in this area are concentrated along Chase Lane. He said he was in favor of condos, but not apartments.

William Abbott, 480 West 950 North, stated he is concerned with services (water, fire, power, gas) and traffic. He feels Centerville does not need anymore people and does not want a metropolitan. He also feels that a 3-story building is a poor design for the elderly. He said he would prefer more single-family homes.

Randy Thane, 425 West Chase Lane, asked if it was legal to rent an apartment to persons 55 and older, if it was discriminatory. He also stated that he felt a 3-story building was not feasible for the elderly. The Planning Commission stated that it is legal to place age restrictions on apartments when certain requirements are met.

Richard Nielsen, Chase Lane, asked if the floodplain would be taken into consideration with this project. He also stated that in 1973 he was told all development east of I-15 would be single-family only. Mr. Allred stated that the floodplain would be taken into consideration and any development to reduce this risk would be required as part of the project.

Becky Clay, 962 North 500 West, stated that she feels a 3-story building would be too high for this area, considering that all surrounding homes are only 2-story. She asked if studies have been done to determine how many persons 55 and older still rent. She also asked what type of effect this project would have on surrounding properties property value. She, too, would like to see more equality, in terms of multiple-family housing, within the city.

John Paul Damron, 594 west 925 North, stated that he is concerned with the project meeting its capacity. He feels in such a case the units will be allowed to be rented to the public. Considering the size of the units, he stated he is not too concerned, since they will only sustain one or two people at most. He is concerned with traffic, fire, police, and ambulance services.

Derek Trump, 630 West Chase Lane, stated he is concerned with the concentration of people and the impact on traffic. He stated that there is already a speed problem on Chase Lane and feels this project will only compound the problem. He stated he hopes the Planning Commission will consider the Master Plan and not deviate from it.

Phyllis Morgan, 1188 North 575 West, stated that a 3-story building would be a monstrosity and 90 units is too many for the proposed site.

Margo Turner, 75 West Chase Lane, stated that a PUD has recently been approved just east of Pheasantbrook for persons 55 and older and she doesn’t feel a second project is necessary.

Paul Cutler, 812 North Mountain View, stated he is not opposed to well planned development, but is opposed to a 3-story apartment building.

Sean Larsen, 1049 North 500 West, stated that between the developments on both the north and south sides of Chase Lane there is probably about 90 single-family homes in all and that this proposal is for an additional 90 units in only five acres. He doesn’t feel this is economical. He also stated that he has not heard one positive comment and would hope that the Planning Commission would take this into consideration.

Ray Smith, 464 East Island View, stated that the Affordable Housing Plan should be considered before development. He feels development is inevitable and would help to improve this property; he just hopes it is responsible development.

Chairman Powell closed the public hearing.

Chairman Powell asked Mr. Eaton the height of the proposed buildings. Mr. Eaton stated that the proposed building does meet the height restriction of 35 feet.

Ken Averett mentioned the public concerns relative to occupancy. He asked the applicant’s experience with these types of facilities. Mr. Eaton stated that he could not speak for the developer in this regard, but stated that the developer does have similar projects all over the country. Paula Tew asked if the developer maintains ownership of these facilities. Mr. Eaton stated he believes so.

Diana Moesinger asked if the 55 and older deed restriction would remain in place if the project was sold. Mr. Eaton stated that he assumed so. Planning Commission members stated that this could be set as a condition of approval. Ms. Moesinger also asked if there have been any studies done to see if there is enough need to support a facility this big. Mr. Eaton stated that he knows the developer has done some market studies, but is not able to answer that question.

Patrick Bodnar, Prime Commercial Real Estate, stated he has worked with Gary Hasenflu on the acquisition of this ground. He explained that this type of project allows for federal tax credits, which the Federal Government mandates. He explained that if any part of those federal guidelines are violated (i.e., age restrictions) the project will lose its tax credits. He stated that Mr. Hasenflu holds these types of projects for the long term (30 to 40 years) and, therefore, requires a quality project. He stated that Mr. Hasenflu feels this would be a viable project, given the location, population base and demographics of the area.

Paula Tew asked if any portion of this proposed project would be considered affordable housing. Mr. Bodnar stated that, generally, the focus for these tax credit housing projects is to meet the requirements of the particular age group’s income bracket.

Chairman Powell made a motion to table this rezone petition based on the following:

1. The rezone petition contradicts the General Plan, which calls for low-density single-family homes.

2. Allow time to gather more statistical data about raw land use in northwest Centerville.

3. Allow time to evaluate how this housing proposal relates to the Affordable Housing Plan recently adopted by the City.

4. Allow time to consider the City Council’s comments from 6/01 on a housing study, the reduction of units allowed in the R-3 Zone and the idea of prohibiting large complexes and put together a sketch/summary.

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, on a monthly basis. The duration of time the site will be used each month is an average of four days, most likely the days leading up to the weekend and including the weekend. 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 canopy tent may be set up next to the truck. The applicant would like to display a hanging sign on the canopy tent. The size of the sign has not been determined, but staff feels that it should not exceed 4 x 8 feet. The hours of operation will be from 10:00 a.m. to 8:00 p.m., nothing will be left overnight.

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 the parking. Not knowing the amount of business that Gear 4 Life receives and the fact that their set up takes away parking stalls, will there be enough parking for customers of both Ray’s Muffler and Gear 4 Life? The applicant stated that they can be flexible with their set up in regard to using parking space.

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

1. The Planning Commission may determine the months of operation in relation to the applicant’s request.

2. The selling period not to exceed five days at a time and only once a month.

3. The applicant must maintain and leave the site the way they found it in terms of clean up.

4. Must provide efficient circulation and parking for all customers.

5. Business hours will be between 10:00 a.m. and 8:00 p.m.

Thomas Chapman, representative for applicant, stated that Ray’s Muffler’s manager stated that Gear 4 Life could use the whole parking lot, if necessary. Mr. Chapman stated that they would only need four to eight parking stalls to conduct business. He explained that there is plenty of parking in both the front and the rear of the site.

Paula Tew asked the applicant their proposal for working the rest of this year and, specifically, which days the selling period would include. Mr. Chapman stated that they would like to conduct sales on Thursday, Friday and Saturday and that they would like to hold a sale in August, September and October.

Scott Vaterlaus asked what type of sign is being proposed for the canopy tent. Mr. Chapman stated that they would like to use small 4 x 3 foot fabric signs stating current discounts, i.e, 30% off backpacks, etc.

Planning Commission members asked staff and the applicant if they encountered or foresaw any problems the last time a sale was held. Mr. Chapman stated that they had no problems and that the owners of the site had no complaints. Mr. Allred stated that he didn’t see any problems and that there appeared to be ample parking during the last sale.

Paula Tew made a motion to approve the temporary conditional use permit with the following conditions:

1. The months of operation are limited to once a month in August, September and October.

2. The selling period shall not exceed three days at a time, which are Thursday, Friday and Saturday.

3. The number of parking stalls use must be six or less.

4. The applicant must maintain and leave the site the way they found it in terms of clean up.

5. Must provide efficient circulation and parking for all customers.

6. Business hours will be between 10:00 a.m. and 8:00 p.m.

7. No signs may be placed inside the park strip area.

Chairman Powell seconded the motion, which passed by unanimous vote (5-0).

DISCUSSION - CONDITIONAL USE PERMIT AND SITE PLAN - Review of compliance with the conditional use permit and site plan approvals for Best Buy Auto, Inc. - 82 North Main Street - C-1 Zone - Kent Vallace, business owner.

Diana Moesinger stated that she was contacted by Councilwoman Smith to discuss this matter privately, and explained that she does not feel that this conversation will affect her opinion or ability to be impartial. Paula Tew explained that she had also been contacted prior to the meeting by Councilwoman Smith.

Paul Allred, Community Development Director, stated that a letter was sent to Mr. Kent Vallace, property owner, regarding the overall operation of his business following a complaint in July 2002. Staff requested that Mr. Vallace appear before the Planning Commission to review the letter and other matters with him. Mr. Vallace has written a response to staff’s letter. The Planning Commission should conduct a general discussion with Mr. Vallace about the current and future operation of this business as it relates to the issues in the letters. Mr. Allred stated that, in his opinion, this site has been operated in a better fashion than the previous owner. He stated that the site is, generally, in compliance with the conditional use permit and the site plan. Mr. Allred explained that if there is anything that Mr. Vallace would like to change about the conditional use permit, he will need to formally apply and return to the Planning Commission for proper approval.

Paula Tew voiced some concerns. She stated that she would like to see the landscaping improved, i.e., weed control, watering, etc. She also stated that she does not want any cars in the entrances, especially the Main Street entrance. Mr. Vallace stated that he has no problem leaving the entrance clear on 100 North, but that he would like to be able to display one car on the north side of the Main Street entrance. Ms. Tew stated that she feels this discourages Main Street access, which is what she would like to see encouraged. The Planning Commission would like to keep as much business traffic as possible off of 100 North, as it is a neighborhood street. Mr. Vallace stated that he would comply.

Paula Tew also stated that the sale and/or storing of boats and/or R.V.’s is not allowed on Main Street and if Mr. Vallace would like to sell these items he would need to get formal approval from the Planning Commission. If this were to be approved in the future Ms. Tew would like to see those items stored toward the rear of the site.

Ms. Tew was excused at 8:45 p.m.

Diana Moesinger stated that she called the State to ask the legal definition of a motor vehicle, which is anything self propelled, made for the highway. She explained that under this definition R.V.’s are within the legal right to be sold on this site; however, boats are up for interpretation. Ms. Moesinger asked Mr. Allred if the original conditional use permit approval included R.V.’s. Mr. Allred stated that, to his knowledge, there was never any discussion regarding R.V.’s with the original conditional use permit approval.

Chairman Powell stated that he is comfortable with the items discussed in the response letter sent by Mr. Vallace. He explained that if Mr. Vallace complies with those items, he cannot foresee any problems regarding the general operation of the site. Chairman Powell also stated that he would be willing to entertain those items needing additional, formal approval by the Planning Commission at a later date.

Diana Moesinger explained that she observed some painting on the site earlier in the week and asked if this was allowed. Mr. Allred stated that painting is flammable and is not allowed. He explained that the Fire District would need to be contacted and additional approval will need to be given for this type of service. Mr. Vallace explained that this is a mobile service performing light touch up on the vehicles he is selling.

Ken Averett stated that he, personally, does not have a problem with the boats, but would like them to be stored toward the rear of the site and until formal approval is granted they should be removed. He stated he understands the need for rock chip repair and touch up painting, but feels these items need to be formally addressed, as well.

The Planning Commission directed Mr. Vallace to work with staff on securing formal approval for those items he may wish to move forward on. They also informed Mr. Vallace that any change to the conditional use permit could result in the loss of some privileges as part of the process. They encouraged Mr. Vallace to consult with a real estate attorney to better understand this process and its risks. Mr. Allred stated that he would speak with the City Attorney regarding the risks, as well, and would report back to them and to Mr. Vallace. Mr. Allred explained that Mr. Vallace could also come before the Planning Commission and ask for their interpretation of the conditional use permit without formally changing it.

DIRECTORS REPORT

1. Next Planning Commission meeting will be held on Wednesday, August 28, 2002 at 7:00 p.m.

2. Potential Upcoming Agenda Items

  • Balling Engineering Condominium Project - Rezone
  • Questar - Conditional Use Permit and Site Plan
  • Zions Bank - Conditional Use Permit and Site Plan
  • Bamberger Station - Conditional Use Permit and Preliminary Plat
  • Duncan Hills Subdivision - Final Plat

3. Upcoming Training

  • Utah League of Cities and Towns- September 11, 12, & 13, 2002.
  • URRMA Training - Thursday, August 22, 2002.
  • Utah Planners Association - October 2002

4. Miscellaneous

  • Mr. Allred informed the Planning Commission that Mr. Kem Weaver has secured a full-time position with Layton City. Mr. Allred thanked Mr. Weaver for his outstanding service over the past two years.

The meeting was adjourned at 9:05 p.m.

 

Bruce Powell, Chairman
Kathleen Streadbeck, Recording Secretary



 
 
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